As an attorney with 11 years of trial experience, I found Christine Ford's testimony about her alleged attempted rape by Brett Kavanaugh to be convincing and compelling. Any lawyer with even half that experience would, if they were not being nakedly partisan, agree.
Contrary to what random people on the Internet will tell you, this is not a matter of everyone's opinion being of fair and equal weight. Experienced legal practitioners know that there are basic criteria for what makes a witness believable. Ford met virtually all of them. If a lawyer tells you otherwise, they are lying for partisan reasons.
I'm less interested this morning in her credibility, however, and more interested in the credibility of Brett Kavanaugh. Based on yesterday's hearing that, likewise, should be pretty uncontroversial. He's a liar. He lied repeatedly about things big and small, both yesterday and while under oath several years ago. To wit:
Some of these matters may seem, in isolation, to be trivial. In context, however, they are anything but. The sort of person Brett Kavanaugh was as a high school student has direct bearing on the very serious and heinous act of which he is being accused and his lies about such matters -- his drinking, his attitude toward and treatment of women -- have a direct bearing on his credibility. That he would blatantly lie about such matters is damning and utterly destroys the credibility of his denials. While there is not enough evidence to bring criminal sexual assault charges against Kavanaugh, there is plenty of reason to believe he lied repeatedly in an effort to get out from under the accusations, suggesting that he did, in fact, do what Christine Ford said he did.
Even short of that, however, his lies are disqualifying in and of themselves. He's a lawyer. He's a judge. He's poised to become one of the nine most powerful jurists in the nation. A single lie about even a trivial matter under oath would place any attorney's license in jeopardy and say damning things about his credibility and ethics as an attorney. Multiple lies from a man who wishes to serve on the Supreme Court are inexcusable and would, at any other time in out nation's history, ensure the failure of his nomination.
Yet Kavanaugh will likely be confirmed. He will be confirmed because Republicans do not care that he lied. They do not care about anything other than a political victory and control of the Supreme Court and they will countenance perjury and, it seems very likely, attempted rape, in order to get it.
I defy any person -- especially any lawyer -- to make a case for Brett Kavanaugh's credibility and fitness to be a Supreme Court justice in light of his lies and, yes, his perjury. I defy them to do it without reference to broad political talking points, ends-justify-the-means rationalizations and tu quoque reasoning. I do not think it can be done. At least not if one is being intellectually honest. Even the Republicans with whom I engage on social media and who, normally, will make an effort to argue that white is black until the position is no longer tenable are not even making the effort, likely because they know they cannot do so.
You will likely get your Supreme Court justice, Republicans. But you are getting it at the price of your soul. And you are certainly getting it at the cost of my respect for you. Now and forever going forward.
Most people will watch the Brett Kavanaugh hearing today in order to see whether Christine Ford or Kavanaugh is more believable as they testify about the alleged sexual assault that has led us here. As they weigh the witnesses' credibility, they should remember that they need not rely solely on the "he said, she said" aspects of all of this.
Brett Kavanaugh's boyhood friend, Mark Judge, was named by Christine Ford as an eye-witness to the alleged sexual assault. If what Kavanaugh and all of his supporters says is true, and that it did not happen, Mark Judge should be able to DESTROY Christine Ford's testimony, corroborate Kavanaugh's testimony and end this definitively. He should be able to say "yes, I read what Dr. Ford said about this, but it is simply untrue. This never happened." It would constitute at least some -- perhaps a lot of -- corroboration for his denial.
Instead, Judge literally went into hiding and the GOP is refusing to subpoena him.
This is a farce. it is an instructive and illuminating farce, but the outcome is preordained. Republican Senators will listen to Christine Ford today, but they will not hesitate to confirm Brett Kavanaugh because they do not think that backing an attempted rapist is as bad as not getting their first choice confirmed to the Supreme Court before Election Day.
On Saturday the University of North Carolina football team will host the Pitt Panthers in their home opener, kicking off the Tar Heels’ 92nd season in Kenan Memorial Stadium in Chapel Hill. Almost none of the 40,000+ fans who will show up have any idea who the stadium is named after, and even those who think they do probably have it wrong.
They've likely heard the name Kenan, as it is an extraordinarily prominent name in and around UNC. One of the university’s founders was a Kenan. The business school is named after a Kenan as is a charitable trust that endows dozens of professorships and distributes numerous grants benefitting literacy, the arts, science, technology, and secondary school education. A Kenan is currently on the Board of Trustees for the UNC School of the Arts.
Almost all things Kenan at UNC are named after chemist, industrialist and developer William Rand Kenan Jr., an 1894 UNC graduate who, after teaming up with his brother-in-law, the oil man Henry Flagler, built railroads and made a fortune developing Miami and the Florida coast. When he died in 1965 he bequeathed most of his $95 million fortune to his alma mater. Today the trust that bears his name is worth over $300 million.
The football stadium is not named after William Rand Kenan Jr., however. Rather, at his request, and following a generous donation, it was named after his parents, William Rand Kenan Sr. and Mary Hargrave Kenan. It is they, according to a plaque affixed to a freestanding monument inside the stadium, who Kenan Memorial Stadium is intended to memorialize and continues to memorialize to this day.
Most fans entering Kenan Stadium probably don’t pay much attention to the plaque and, as a result, don’t know the first thing about William Rand Kenan Sr. Even if they did read it, though, they would not learn the most notable thing about him.
William Rand Kenan Sr. was the commander of a white supremacist paramilitary force which massacred scores of black residents of Wilmington, North Carolina on a single, bloody day in 1898.
For nearly a century the events which took place in Wilmington on November 10, 1898 were known as “The Wilmington Race Riot.” That very name, however, was a lie intended to obscure what really happened.
Long portrayed as a violent uprising of black instigators put down by heroic and noble white citizens fighting for law and order, it was, in fact, a massacre. It was simultaneously a coup d’etat in which a white militia, led by a former Confederate officer and a white supremacist named Alfred Moore Waddell, killed black residents in the streets and in their homes, chased even more out of town, burned black-owned businesses to the ground and overthrew the local government, led by blacks and their white Republican allies in a coalition born of the briefly-ascendent Fusion Movement, which had just been legitimately elected.
History has tended to portray the massacre as spontaneous. It was anything but. It was preceded by months of racial and political tensions, stoked by red shirt-wearing white supremacist Democrats who were aggrieved that in Wilmington, then North Carolina’s largest city, a Fusion government sought to protect the gains freed blacks had earned during Reconstruction. On election day in 1898 the red shirts attempted to steal ballots and drive black voters away from polling places. Those efforts failed and the black-Republican coalition held power.
That night a group of over 450 white men met at the courthouse and signed a so-called “White Declaration of Independence” which specifically called for the repeal of black voting rights and the banishment of black political and business leaders from the town. The following morning signatories to the Declaration burned the offices of the Wilmington Daily Record, — the town’s black-owned newspaper — to the ground and threatened its publisher with lynching. The massacre, planned out in advance and undertaken with deliberation, had begun.
History has likewise portrayed the violence in Wilmington that day as being carried out by an unruly mob. This is also a lie. The massacre was an organized paramilitary action in which the Wilmington Light Infantry, a state militia unit which had just returned from duty in the Spanish–American War, spread out over the city, taking it over street by street, killing black citizens in the process.
The most intimidating — and the most deadly — component of the Wilmington Light Infantry was was its machine gun squad, which commanded a rapid-firing Colt gun mounted on a horse-drawn wagon. The gun, capable of firing 420 .23 caliber rounds a minute, was not property of the United States Army or the state militia. Rather, it was purchased by local businessmen who, according to contemporary accounts, believed that the gun would “intimidate into quietude” those who saw the weapon and “overawe Negroes.” The machine gun squad was likewise itself not a military force. It was led by a Civil War veteran and local businessmen named William Rand Kenan Sr., with other local business owners under his command.
The bloodshed began when foot soldiers shot and killed blacks who had gathered on the street following the burning of the Daily Record’s offices. The massacre grew much deadlier when Kenan’s machine gun wagon crossed the Fourth Street Bridge into the predominantly black part of Wilmington known as Brooklyn. Its first fusillade came in response to what witnesses claimed to be sniper fire, though no sniper was ever found. According to eye-witnesses, the gun’s volley killed 25 blacks in a matter of seconds. Later, as Kenan’s machine gun squad proceeded past an area known as Manhattan Park, it was witnessed firing into a house where three black residents were killed. The gun was later used to threaten black churches into opening their doors to be searched for weapons whites believed blacks to be stockpiling and individuals white leaders deemed to be dangerous or subversive. No weapons were found but many black residents were marched out of hiding. Some were thrown in jail. Some were never seen again.
As the morning wore on, Kenan’s forces and other units of the Wilmington Light Infantry conducted house-to-house searches, intimidating residences into compliance, arresting blacks by the dozens and shooting those who gave even the slightest hint that they might resist. Some blacks who were specifically identified as influential in the community were hunted down and killed. As shots rang out, hundreds of black men, women and children fled town, some permanently, some to take shelter in nearby cemeteries and swamps until the violence subsided. By sundown, buildings in Wilmington’s black neighborhoods were pockmarked with bullet holes and anywhere from 60 to as many as 300 blacks had been killed. The exact number is lost to history due to white leaders’ hasty burial of bodies in mass graves and due to black witnesses either having fled town or having been intimidated into silence.
The next morning white leaders, with the backing of the Wilmington Light Infantry, forced the Republican Mayor, the board of aldermen, and the police chief to resign at gunpoint after which they and black leaders which had not been killed or who had not fled were marched to the train station and forced to leave the state under armed guard. That same day Alfred Moore Waddell — the white supremacist leader who orchestrated the events which led to the massacre — was named mayor, an office he would hold until 1905. The coup d’etat completed.
Within a year of the massacre the North Carolina legislature — determined to prevent blacks from holding political power like they did for a time in Wilmington — passed a new constitution which made it close to impossible for blacks to register to vote and imposed poll taxes and literacy tests that effectively disfranchised black voters completely. Nearly every other southern state would model laws on these North Carolina statutes. The “Solid South” of the Jim Crow era was secured and would remain in place, officially, until the passage of the Civil Rights Act in 1964. Unofficially, efforts to discourage blacks from voting continue to this day.
William Rand Kenan Sr. was hailed as a hero for his role in the massacre. The white-owned Wilmington Messenger newspaper lauded the Wilmington Light Infantry and Kenan personally, writing “[i]n the Revolutionary War, in the Civil War and in this race war, a Kenan was the bravest of the brave.” A few weeks after the massacre it was reported that Kenan held a massive barbecue for all of those who participated, after which the assembled men gave Kenan a vote of thanks for his service in the massacre. In February 1903 Kenan was named to the University of North Carolina's Board of Trustees. He died two months later.
For the next several decades the Wilmington Massacre was invariably branded a "riot," "insurrection," "rebellion," "revolution," or "conflict," necessitated by an unlawful uprising of black aggressors, with the violence of it all dramatically downplayed, distorted or cast as unavoidable. A typical example of this can be seen in Incidents by the Way, the 1958 memoir of William Rand Kenan Jr., the UNC benefactor, who wrote of his father’s actions thusly:
“As a small boy I was much impressed with the following: There was a riot of colored men in Wilmington and my father organized a company of men with all kinds of rifles together with a riot gun on a wagon and they cleaned up the riot very quickly, although they were compelled to kill several persons. My father rode the wagon and directed the operation.”
William Rand Kenan Jr. was, in fact, 26 years-old at the time and was working as a chemist for Union Carbide. He was almost certainly well-aware of the circumstances of the massacre and likely distorted the timeline of it, casting himself, erroneously, as a “small boy,” in order to distance himself and his family from its horrors as time passed.
It is highly unlikely that any of the thousands of football fans who come to Kenan Stadium each fall or any of the dozens of young men who play for the Tar Heels — a great many of whom are black — are aware of the infamy of the stadium’s namesake. Indeed, even those most familiar with the university and its connection to the Kenans know little if anything about it.
“The Kenans are an enormously generous family of benefactors to the University of North Carolina. Everybody knows that,” UNC history professor Harry Watson told me when I interviewed him recently. “The average undergraduate would say ‘oh, yeah, the Kenans, they’re a pretty important family who have given us a lot of money’ but the biographical details are not likely well known as even that,” Watson said. “Kenan Sr.’s role in the violence of 1898 is not widely known at all.”
“There are probably a couple of people on campus who know,” said UNC history Professor William Sturkey, who specializes in the history of Jim Crow and the New South. “I think a lot of people would be quite shocked. It’s just something that’s been buried and forgotten.”
It’s not the first thing that has been buried and forgotten about the history of the Kenans.
A plaque on Kenan Memorial Stadium refers to the Kenan family's wealth as coming from “chemicals, power, railroads and hotels.” That is true so far as William Rand Kenan Jr.’s adult fortune was concerned, but the Kenans were already wealthy thanks to plantation slavery. Indeed, according to an 1850 slave census, the Kenan family owned 49 people, including 23 people aged 10 or under. This would be the household in which William Rand Kenan Sr., who manned the gun in Wilmington and for whom the stadium was named, was raised.
Last February Sturkey, a member of the school’s Faculty Athletics Committee, introduced a motion recommending that the athletic department take steps to place a new plaque on the stadium to note the family’s slaveholding past. His intention was not to cast the Kenans in a bad light — he did not know about Kenan Sr.’s role in Wilmington at the time — nor was it his intention, as so many people are accused of doing when such matters arise, to “erase history.” To the contrary, Sturkey said, it was the history of the slaves owned by the Kenans that was erased. As a historian, Sturkey said, he just wanted the full story to be told.
“[Slaves’] presence and their lives were omitted. And not just omitted, but intentionally omitted.” Sturkey said. He said that, via his motion, he was suggesting that the Faculty Athletics Committee ask the athletic department to “take steps to recognize the existence of these people whose lives were so crucial to compiling the wealth which built the university . . . it was about simply telling the truth and not misleading people.”
Sturkey’s motion was unanimously passed but it has not been acted upon and the athletic department has given no reason why it has not done so. Not that the athletic department would be the first department which has chosen to ignore the slaveholding history of the Kenans. Over at the Kenan-Flagler Business school website there there appears a timeline of the Kenan family's history. It conspicuously jumps from 1793 to the 1880s, with no mention whatsoever of what the Kenan family was doing, and how it was making its money, during the intervening years.
“Kenan is a name that’s all over our campus, but in terms of how we’ve approached history, we’ve let the greatest benefactors tell their own history,” Sturkey said. “But by doing that, of course, we’ve allowed them to have the complete say in what that history is.”
Based on recent events at UNC, it would appear that, if the Kenans and the university continue to insist upon complete say in how history is told, they will do so at their peril.
Like so many other places in the south, North Carolina is no stranger to the ongoing controversy surrounding memorials and monuments of the Confederate and Jim Crow eras. It is unique, however, in not only its opposition to doing much if anything about them, but in its affirmative protection of such monuments.
For 105 years, a statue called “Silent Sam” sat on a prominent quad on UNC’s campus, facing the main street which passes the university. While ostensibly intended to commemorate the Civil War and its fallen soldiers, Silent Sam, like so many other Confederate monuments erected in the late 19th and early 20th century, was in fact a monument to the Jim Crow Era. If there was any doubt of this, one need only read the speech given by industrialist, philanthropist, and white supremacist Julian Carr at Silent Sam’s dedication ceremony in 1913.
Carr, who advocated for taking voting rights away from blacks and who referred to the Wilmington Massacre as “a grand and glorious event” after it occurred, did not mince words on the afternoon Silent Sam was dedicated. He talked openly, and with no small amount of pride, about how Confederate soldiers saved “the very life of the Anglo Saxon race in the South,” adding, “to-day, as a consequence the purest strain of the Anglo Saxon is to be found in the 13 Southern States — Praise God.” He added that, in the days after the end of the Civil War he had, on the very spot where the statue now stood, “horse-whipped” a “negro wench” for speaking disrespectfully to a white woman. Given how it was spoken of at its very dedication, there is no question that the statue was not intended to memorialize fallen soldiers but, instead, to stand as a monument to white supremacy.
Silent Sam had been a source of controversy for years, but in the wake of 2017’s Unite the Right march in Charlottesville which, among other things, cast more light on Confederate and Jim Crow-era monuments, protests had increased significantly. The university listened to protesters’ arguments but claimed it could do nothing about Silent Sam because its hands were legally tied.
And, to a very large degree, they were. By both a university bylaw adopted in 2015 and by a state law passed in 2015 which prohibit the renaming or buildings and removal or relocation of monuments under all but the most narrow of circumstances. Given the timing of the passage of these laws and the events which inspired their adoption, they were, without question, aimed at heading off protests of monuments to the Confederacy and Jim Crow before they began. Absent those laws, the sign makers would be pretty busy: UNC has no fewer than 30 buildings named after figures tied to white supremacy.
Not that those laws are the only thing motivating UNC officials and donors. Some seem quite eager to protect monuments to the Confederacy and Jim Crow on their own terms.
Last month a series of emails were leaked and published in which one member of the UNC Board of Trustees called for cameras with night vision to be installed around Silent Sam in order to protect it and called protesters “criminals” and “entitled wimps” who should be arrested as a deterrence measure. In another email the university’s Vice Chancellor referred to university leadership’s interest in “preserving a piece of our history,” and defending the statue from “outside parties” who may protest it. Wealthy donors threatened to withhold six-figure contributions to UNC if Silent Sam was removed, with one calling protestors “spoiled intellectuals.” Whether it was because of that direct pressure and the interests of UNC officials in protecting the statue, or whether it was because university bylaws and the state law prevented them from taking action, in early August the UNC Board of Governors announced it had no plans to remove Silent Sam.
If UNC officials thought that would be the end of the matter, they were sorely mistaken. In the wake of the decision to take no action, protests intensified. On the evening of August 20 — the night before the fall semester began — hundreds of protesters gathered around the statue, threw ropes around it and, in less than ten seconds, brought Silent Sam crashing to the ground. What was left of Silent Sam was taken to a university warehouse in the back of a dump truck. His fate is as of yet unknown, but at the moment the University seems intent on re-erecting the Jim Crow relic.
While a statue can be toppled, a 60,000-seat football stadium cannot be razed by a few hundred protesters. Unlike what has happened with troublesomely-named buildings and monuments at Duke University, the University of California at Berkeley and what will soon happen at Stanford University, it cannot be removed or renamed, at least without the sort of political and legal action which no one in a position to do so seems at all willing to undertake. Which leaves UNC -- which did not return a call or email seeking comment -- in a precarious position. Indeed, the university would seem to have only two choices.
The first choice would be to acknowledge the role of William Rand Kenan Sr. in the Wilmington Massacre and to find a way, via additional plaques or interpretive materials, to tell the full history of that dark chapter of the Kenan family. In so doing it might, as Professor Sturkey suggested, begin to recognize the totality of the history upon which UNC was built and begin to remember those who have been intentionally erased from that history. Given the Silent Sam pushback and based on how even a modest motion to amend the misleading historical plaque about the Kenan family at the stadium was already ignored, it seems unlikely that the university would do such a thing.
Which would leave the only alternative: to do nothing. To continue to bury the history of its stadium’s namesake and his role in one of the darkest atrocities of the Jim Crow era, thereby allowing the largest and most prominent building on campus to memorialize a man who should, by all rights, stand in infamy.
Will the university do nothing? Better yet, will the people who toppled Silent Sam and those who supported them stand idly by if it does?
Special thanks to LeRae Umfleet, author of A Day of Blood: The 1898 Wilmington Race Riot (2009), published by the North Carolina Office of Archives and History, which served as an important source for this article
Judge Brett Kavanaugh is nearing confirmation to become the next Justice of the Supreme Court of the United States. As you likely know by now, he has also been accused of sexual assault when he was in high school. The story of his accuser, Christine Blasey Ford, can be read in The Washington Post.
The short version: during a drunken high school party, Kavanaugh allegedly caught her in a room, held her down and attempted to take her clothes off in what was likely an effort to have sex with her. An effort which would've been rape, because Blasey Ford did not consent. Indeed, she claims that she tried to fight off Kavanaugh and tried to scream, but that he placed his hand over her mouth to prevent her from doing so. Thankfully, however, she managed to escape in part due to Kavanaugh's drunken state and the drunken state of one of his friends who was also in the room. The incident has traumatized Blasey Ford for years, she says, and she suffered from post traumatic stress disorder. Kavanaugh and the other man who was allegedly in the room at the time deny the accusations completely.
Now that Blasey Ford's story is out, you will hear a few things, over and over again, from Republicans and those who want him to be confirmed:
Those things are all true. But they also don't matter when a lawyer or a judge is involved. The bar is nowhere near that low.
All lawyers, before being admitted to the bar, are subject to a test of "character and fitness." This involves background checks and interviews. If you do not pass your "character and fitness" test, you are not admitted to the practice of law.
The thing about the character and fitness test is that it specifically deals with stuff that happened a long time ago, before you were a lawyer. It often deals with stuff that never resulted in criminal charges. It does not matter if you denied, because the test is your candor. Indeed, someone who has been arrested and has gone to jail and has done their time, has atoned and is frank about it all has a BETTER chance of being admitted to the bar than someone who wasn't charged with anything but offers sketchy denials when asked about a given incident that had otherwise gone un-investigated.
(It's probably also worth noting that a history of financial irresponsibility is a relevant subject of inquiry and that getting into non-criminal financial trouble in such a way that raises questions about your judgment can also keep you from getting your law license. That could also be relevant for Kavanaugh too, but we'll let that go for the time being)
The key to all of this is that the test -- contrary to what Republicans will say for the next few days -- is not "his word against hers" or how long ago it was or whether there was anything criminal that arose from it. It's about his character. It's about his candor. It's about his integrity.
That's a high bar, not a low one. And it's that high a bar SIMPLY TO GET YOUR LAW LICENSE. Now think about how high that bar should be to get, literally, the highest possible legal job in existence: Justice of the Supreme Court of the United States of America.
Non-lawyers may think it's silly or overstating things, but lawyers know: if bar examiner had been made aware of these allegations when Kavanaugh graduated law school, he would have, at the very least, been subject to greater investigation on the matter. Depending on how he answered those questions -- if he was evasive or incomplete in his answers, even if he stuck to his denial -- he may have had his license withheld. People have had that happen to them for far less.
Against that backdrop, it is not at partisan to say that the allegations against Kavanaugh should, at the very least, result in far more inquiry and questioning of him. It should also go without saying that, if he sticks to what are starting to become less-than-satisfying or less-than-illuminating denials, he shouldn't be confirmed.
It's not partisan to say this because the standards to which all lawyers are held are directly invoked here. It is a matter for his chosen profession which, the reputation of lawyers notwithstanding, demands high moral and ethical character of its practitioners.
To become the next Justice of the Supreme Court, Kavanaugh should be obligated to show that he has cleared that considerable bar.
This story was originally written for Bloomberg BusinessWeek over the summer. Instead of running it they turned it into a highly-truncated cartoon thing that, being honest, was pretty darn clever and probably more appropriate for the subject matter than a 3,000-word story.
Still, I'd like to have the words I wrote for it all preserved someplace, so here they are.
On March 11, 2015, an anonymous tip was texted to the Franklin County Kentucky Sheriff’s Department that Gilbert “Toby” Curtsinger, a longtime employee of the Buffalo Trace distillery had some stolen barrels of bourbon on his property. A search warrant was executed and deputies drove out to Curtsinger’s house on a winding country road west of Frankfort. Stolen bourbon is not unusual in bourbon country, but Franklin County Sheriff Pat Melton believed that this tip was about something more than your typical bootlegger. He believed that it might be leading him to the Pappy Van Winkle Bandit.
If you’re even a casual consumer of bourbon, chances are you’ve heard of Pappy Van Winkle. It’s the rarest of the many varieties of bourbon made by the Buffalo Trace Distillery and, indeed, the rarest bourbon variety of them all. Pappy, as it is known colloquially, is extraordinarily hard to find. Just 8,000 barrels are produced each year, compared to the millions of barrels of mass market brands like Jim Beam or its Tennessee cousin, Jack Daniel’s. Bar patrons pay upwards of $100 for a single pour. Aficionados who are lucky enough to win lotteries for the privilege of buying it at retail snap up bottles for as much as $300. Those not so fortunate, but who still want the stuff, routinely pay thousands for a bottle on the black market.
On October 15, 2013 Buffalo Trace reported that a little over 200 bottles of Pappy, with a market value of around $26,000, had gone missing. Sheriff Melton characterized it as a “heist,” and characterized the stolen product as “The Mac Daddy” of bourbon. The theft made international headlines, with bourbon enthusiasts inside and outside of the industry speculating about who did it, marveling at the audaciousness of it all and, perhaps, wondering if the theft made it more or less likely that they themselves could get their hands on a bottle. When that tip came in, pointing a finger at a man who had inside access to the place where Pappy was born, Sheriff Melton believed he was about to crack the bourbon crime of the century.
A drug company CEO raised the price of an antibiotic 400%. He justified it by saying the following:
I think it is a moral requirement to make money when you can . . . to sell the product for the highest price . . . I agree with Martin Shkreli that when he raised the price of his drug he was within his rights because he had to reward his shareholders. If he’s the only one selling it, then he can make as much money as he can. This is a capitalist economy, and if you can’t make money, you can’t stay in business.
All y'all who think that you're not paying for that 400% price increase because it's not coming in the form of a tax increase don't understand how economics work. All y'all who think nationalized healthcare is godless socialism are on this guy's side.
Hunter S. Thompson had long since lost his fastball by 9/11. Within three and a half years he'd be dead. But what he wrote on 9/12/01 -- like so much of what he wrote when the stakes were truly high -- was dead on the fucking money.
The towers are gone now, reduced to bloody rubble, along with all hopes for Peace in Our Time, in the United States or any other country.
When Donald Trump became a credible political figure in the run-up to the 2016 election a lot of Republicans tried to distance themselves from him. For months the line was that he wasn't really a Republican. He didn't believe in Republican principles and policies, so he couldn't be. Some Republicans I know even claimed he was actually a Democrat conducting some sort of false flag operation or something. Imagine.
Their opposition to Trump was ineffective, of course. Trump won the Republican nomination and won the presidency. Almost immediately thereafter basically every single Republican official and the vast majority of the Republican Party gave Trump their full support in every way that truly matters. Oh, they claim they oppose him, but they don't in any practical or concrete way.
In reality, they have chosen to ride the Trump tiger to get the tax cuts, deregulation and activist conservative judges they wanted, while doing whatever they could to protect the GOP brand in the process. They disclaim responsibility for Trump's worst excesses -- his corruption, his recklessness and, in many cases, his evil -- but that disclaimer of responsibility has been wholly unconvincing. It amounts to little more than superficially turning up their nose at Trump's worst excesses while, simultaneously, doing absolutely nothing to rein him in or to exercise oversight, all the while pushing back against anyone who suggested they actually should.
This week Republicans' performative -- and only performative -- opposition to Donald Trump reached new depths.
On Tuesday, excerpts from Bob Woodward's new book revealed that White House officials remove papers and letters from Trump's desk so that he does not see them and, on some occasions, even go so far as to countermand Trump's orders. Yesterday the New York Times ran an op-ed from an anonymous Trump administration official who claimed to be actively working to “frustrate” President Trump’s “worst inclinations,” saying “[w]e believe our first duty is to this country, and the president continues to act in a manner that is detrimental to the health of our republic.”
While some have lauded this anonymous person for their bravery or are happy that someone is working to destabilize and undermine an administration they loathe, there is nothing to be happy about in all of this and there is no bravery present in this anonymous person's words or acts. Quite the opposite in fact. What they are doing -- assuming they are telling the truth -- is both terrible for our country and cowardly in the extreme.
If, as the op-ed writer implies, one thinks Trump is literally unfit to govern, the 25th Amendment to the Constitution and the procedures it specifies for taking power away from an incapacitated president is how you remedy that. If, rather than doing that, you simply work behind the scene to thwart an incapacitated president's will, you are committing something akin to an administrative coup. You are undermining democratic legitimacy. I hate Trump and every single thing he stands for, but I believe democratic legitimacy and governing by duly-elected public officials matters more than just about anything. Just as we should not have had Woodrow Wilson's wife running the country after he had a stroke or Ronald Reagan's cabinet executing their own plans when, as some have suggested, he began to suffer from the early symptoms of Alzheimer's disease, we cannot stand idly by while anonymous appointees make their own decisions about how America should be governed.
My suspicion, however, is that our anonymous op-ed writer does not believe that Trump is actually incapacitated or unfit for office. Rather, I believe they simply are looking to provide cover for themselves and other Republicans by distancing themselves from Trump. They're setting themselves up so that, later, when Trump finally and definitively crashes and burns, they can walk away from the wreckage without taking any responsibility for it whatsoever. "Hey, we were never really with him, so we cannot be held responsible for our complicity in his reign of incompetent terror now. Vote GOP in 2022!"
All of which is utter bullshit, of course. For the past two years Republicans have stood idly by, and in some cases have been wholly complicit, as Trump has disgraced America and the office of the presidency. They've done so to get rich, to get their taxes cut and to get the conservative judges and the other goodies they've long wanted. The alpha and omega of their true displeasure with Trump is the degree to which he has hampered the electoral prospects of other Republicans. They deny this, but their actions speak louder than their words. There are a host of ways in which Republicans could have worked to curb Trump's excesses and police his crimes, but they have undertaken none of them. I suspect that they believe doing so might imperil their access to more riches and more tax cuts. When it came time to choose between the health of the republic and their particular political goals, they chose the latter.
Which brings us back to our anonymous op-ed writer. If this person truly believes that their first duty is to our country and if they truly believe that Trump is a threat to the Republic -- and if, as is likely, Trump could not, ultimately be removed from office as unfit -- they should resign in very loud, very public protest. They should work against Trump and the danger to the republic they claim he poses. They should subordinate their comparatively insignificant desires for more tax cuts, more deregulation and even more conservative judges to the good of the nation, which they themselves claim is at risk.
They won't do that, though, because they want to have it both ways. They want to continue to get all of those policy goodies that having Donald Trump in office has given them while not taking any responsibility or political heat for the damage he is doing. They want to cover their asses, skate away from the consequences and, later, when they get their inevitable book deal or start collecting fat checks on the lecture circuit, to claim that they were, in reality, on the side of the angels all along.
We should not and must not allow that to happen.
As a friend observed to me this morning, when Trump is finally out of office -- be he voted out or forced out in ignominy -- we must never forget that, when faced with an amoral, unethical danger as president -- a threat to the republic, to use their own words -- Republicans grabbed as much money and power as they could and did nothing to stop him apart from offer empty words. We must remember that they are complicit and that their claims to be in opposition to Trump -- present since he burst on the political scene -- are phony and that their actions and, more notably, their inaction, of the past two years inextricably link them with Donald Trump. They should be similarly shamed.
Our anonymous op-ed writer is not a hero of the resistance. He's a collaborator looking to distance himself from his crimes. Treat him as such, both now and when his identity is inevitably revealed.
My daughter texted me from school today. She was in her freshman humanities class which is basically an English/social studies mashup. Anna texts me from school a lot. When she does so it's usually the best part of my day. Today, like most days, it was because she wanted to share something funny with me.
Today, however, my credentials and I were the butt of the joke:
Anna later explained that her teacher was not talking about me, my political science degree and my sports writing career specifically. Rather, she was just making a point about how, when you read something, you should be critical of the writer, who he or she is and what his or her background is. Today they happened to be discussing an article about the value of a liberal arts education and the teacher approvingly noted that its author had a history degree so, obviously, he knew what he was talking about. The crack about the political science degree-possessing sports writer was an imaginary horrible meant to portray a true ignoramus.
I won't lie: I was less than pleased about all of this. Not because I thought of it as some sort of personal attack, as I have never met her teacher and she doesn't know a thing about me or my career. And not because of the underlying lesson, as I agree it is vitally important to assess and be critical of one's information sources. Rather, I was pissed about how superficial a notion it is to look at a person's formal education to assess a person's credibility.
I've gone at length about my unconventional career path, but I'm not the only person doing something radically different than their college transcript might suggest they'd one day do. My father grew up working on cars at his father's taxi cab company and wanted to work on jet engines one day but, due to a typographical error by the United States Navy, wound up in meteorology school and spent the next 40 years as a weather man. Anna's mother has a degree in French but has spent the past 23 years working in the office furniture business. My best friend from college has an M.A. in history but has nonetheless spent most of the past 20 years working at technology companies in Silicon Valley. I'm sure all of us know many people who have careers that are completely unrelated to whatever it was they studied in college and who can speak as authorities on those topics regardless of what they happened to major in back in the day.
My displeasure with what I heard today was not, however, simply about a teacher who does not seem to appreciate that career paths are often crooked. It's about her seeming not to appreciate the value of a crooked career path in and of itself.
I am not exactly a typical or a popular figure in the baseball writing world. When I began this job a decade ago it was pretty unusual for a large media company like NBC to give someone with no journalism experience the kind of platform I have. One used to pay their dues for years, serving time as an agate guy, a high school football stringer, a backup beat writer and then, maybe, if everything broke right, they could be a columnist, which is roughly equivalent to what I do. I jumped the line. I had never been part of the baseball writing fraternity. What's more, my writing tends to skew pretty sharp and critical and includes a lot of media criticism as well so, while I have made many friends in the business over the years, I'm still not welcome in the club. If my credentials had been in order -- if I had gone to journalism school and if I had written game stories for the Des Moines Register or the Sacramento Bee -- I'd likely be invited to more meetings and parties.
But I'd probably also not have this job.
NBC was late to the online sports game and, when they launched my website, they wanted to make up for lost time. They did so not by aping what everyone else had done ten years earlier, but by making some noise. They hired a lawyer to be their football writer and, with that precedent set, hired one to be their baseball writer too. Our lack of a journalism background and our willingness to say and do whatever the hell we wanted to was a feature, not a bug, and nearly a decade later it's still working pretty well. It's working well, I'd argue, precisely because neither Mike Florio nor I approach our job like someone who went to J-school would and because, as such, we give readers something they can't get anywhere else. Our lack of traditional qualifications for our job were strengths, not weaknesses. NBC's hiring people with unconventional resumes helped them solve a problem they likely could not have solved (i.e. catching up with their competitors quickly) if they had done the conventional thing.
A couple of lawyers with liberal arts backgrounds are not alone in that, of course. There are a lot of people who contribute to society in ways far more important than writing about sports despite the fact that they are not doing what they had set out to do back in college. There are companies being run by people without business degrees, artists who never went to art school, musicians who never had lessons, and tons and tons of people making a difference in the world despite the fact that they simply fell into jobs adjacent to -- or often not adjacent to -- the disciplines they initially set out to pursue.
That's true even of the guy who wrote the article about the value of a liberal arts education they were discussing in my daughter's class today. The guy who was deemed OK by Anna's teacher because he had a history degree. His name is David Brooks. He's a columnist for the New York Times who didn't spend a day in journalism school and who hasn't spent a minute pursuing the academic study of history since he graduated from the University of Chicago 35 years ago.
There's probably a lesson in there someplace. If Anna doesn't learn it at school, I'll make a point to talk to her about it separately. I think I can do it too, despite the fact that I didn't study education.
I took my kids to Cleveland for the Orioles-Indians game on Friday night. They’re not really big baseball fans, but they like going to games. Partially because it’s fun and there’s junk food, but mostly because it provides them a new venue for the sort of savage and absurdist commentary for which Gen-Z kids are quickly becoming famous.
I’ve watched this from a front row seat for a couple of years now. Anyone who follows me on Twitter is familiar with how brutally my daughter Anna, 14, owns me via text messages (and some old timers around here may remember her greatest hits from WAY back in the day). Others who follow me know how deeply into absurdist and envelope-pushing meme culture my son, Carlo, 13, happens to be. Every day is a new, eye-opening adventure. I’m impressed by the level of savagery they’re capable of in their early teens and terrified at what they’re going to capable of once they reach adulthood.
I’m likewise suffering from no small amount of whiplash. I mean, I once thought my fellow Gen-Xers and I had perfected ironic emotional detachment and that whole “whatever, nothing matters anyway” stance. I also thought that a decade’s worth of Millennials restoring an earnestness and emotional honesty to the lexicon of our nation’s youth — the likes of which we haven’t seen for probably 60 or 70 years — had all but buried that jaded sentiment once and for all.
Nope. The Gen-Z kids are going to stomp on the Millennials’ throats and pour acid all over their hopes, dreams and pretensions of an earnest and hopeful world. Then they’ll laugh mockingly at the Gen-Xers as we’re exposed for the amateurs that we are, and will rhetorically kill us, like some warrior coming back to vanquish their sensei. The only saving grace is that whatever Boomers are still left as this happens will just die of shock and outrage. Gen-Z will not be attending their funerals either unless they need some pics of dead grandpa for a devastating meme or two (Carlo has already told my father that he’s going to meme him once he passes away; my father does not quite know what to make of that, mostly because he’s 74 and does not know what a meme is).
Anyway, I’ve blocked out most of what they had to say during the game as a means of psychological self-defense, but trust me when I say that it was three straight hours of running commentary at turns hilarious, frightening and truly disturbing in ways that are hard to pin down. I do, however, remember or have documentation of a few things that went down in between the hot dogs and bon mottes:
All of that being said, I don’t want you to get the impression that Anna and Carlo’s entire existence is savage owns and joking and ironic detachment. They are actually smart, sweet and sensitive kids who, when they’re not joking around, possess more empathy for their fellow humans than most adults who have seen and experienced far more than they have do. I am proud of my kids for that. Truly proud. Indeed I worry that the jaded exterior I’ve been describing is a defensive perimeter they and their generation have been forced to erect because the generations which came before them have thrown so much fear into their world and, perhaps, are even ruining it before my kids get a chance to live in it as adults. That’s a lot to put on anyone, but the fact that we’ve put that sort of weight on our children is a tragedy. Knowing that the’ll have to cope with what we have done to make their lives harder and, quite possibly, shorter, breaks my heart.
Those thoughts were swirling around my head as the game neared its end Friday evening. As they did, I looked over to Carlo and Anna sitting next to me. They were watching the game intently. And, even though it had started raining, quite contently. They seemed happy. The cynicism and the wiseguy routines had been left back in the middle innings somewhere. When Cody Allen struck out Kyle, er, I mean Joey Rickard, for the game’s final out, they both stood up and cheered a genuine and exuberant cheer. When they did, I figured it was a good opportunity for some rare heartfelt sincerity.
“So, Baseball. You like it, eh?” I said in my proudest dad voice, thinking that, just maybe, we had bonded over something near and dear to my heart. Anna looked at me and smiled. Then she said something I’ll never forget.
“Not really. But I guess I sort of have to respect it because if it wasn’t for baseball you’d be unemployed and I’d probably be homeless.”
Last year I spent a lot of time talking about Ohio's 12th district. I wrote about how I thought it was possible for a Democrat to win it and I proceeded to lay out a multipart road map of how, in my view, it could be done. This despite the fact that the district is sharply gerrymandered to favor Republicans.
The special election was held tonight and, as I write this, it appears that the Democrat, Danny O'Connor, will not win. There are still uncounted provisional and mail-in ballots, but I suspect that will not be enough and that the Republican Troy Balderson will be declared the victor.
This is not the outcome I hoped for, but it is is not a bad result.
The GOP has held OH-12 for all but one term in the last 76 years. Since OH-12 was gerrymandered, the Republican has won with a margin of 27-40 points. In 2016, the district went 11 points in favor of Trump, 14 points to the right of the nation and the GOP congressional candidate won by nearly 40 points.
Tonight, it appears, the Republican will win by a couple of points, max. That is a massive underperformance for the Republican, even when you account for the fact that the seat was open and even when you account for the fact that the GOP holds the presidency and it's an off-year election, which normally favors the opposition party. The fundamentals of this district -- again, massively gerrymandered to favor Republicans -- means that it should've been a cakewalk instead of the nail-biter that it was.
Some additional thoughts about this:
As you may remember -- and as you can see if you follow the links above -- I spent a lot of time last year talking about this race, along with my theory that an economic populist/pro-labor message was the key to winning a district like this one. O'Connor did not run that pro-labor/economic populist race. I'm not second-guessing that. He and his people had access to the data, talked to the voters and made the decisions. My stuff on that was merely speculative. As I wrote last night: it was a strong outcome, even in loss.
That said, turnout was high for an off-year, special election, but still rather pathetic in the grand scheme. I think you address that -- and thereby overcome the huge gerrymander disadvantage -- by engaging traditional non-voters and that the economic populism does that. As Alexandra Ocasio-Ortez said recently, “the swing voter is not red to blue. The swing voter is non voter to voter. That’s our swing voter.”
There is reason to believe that's who is necessary to engage in OH-12. I say this because, based on preliminary results, it appears that O'Connor was not turning red voters blue. Red voters stayed home. O'Connor ramped up turnout in the blue parts of OH-12 due to an excellent ground game led by motivated volunteers, but partisan lines generally weren't crossed. It was a motivation thing. What if new voters were engaged? Voters who, their personal and cultural dispositions aside, had never committed to being active partisan voters?
This is untestable I suspect. But I likewise suspect that there are thousands upon thousands of people in Licking, Morrow, Richland and Muskingum county -- and in Franklin county for that matter -- who never vote who might with a new message. A message that speaks to issues which politicians generally don't speak to and which reaches people who generally are not reached.
Again, I am not criticizing the O'Connor campaign in this regard. It was a good result even if the ultimate outcome was a loss. But I suspect that's the absolute limit a traditional Democrat can do in a place like OH-12 given the maximal motivation we saw on the Democratic side and the sorts of election dynamics which we are unlikely to see again any time soon. It was an admirable effort, but one which still fell short. It strikes me that, maybe, one needs a different message to match the admirable mobilization we saw and to break through in a district that has every other dynamic strongly stacked in Republicans' favor.
All that aside: for November, it means good things for Democrats nationwide. As of this writing, it appears that OH-12 will have seen around a a 13 point swing toward Democrats over and above the natural partisan lean of the seat. Nationwide, at the moment, it appears that things are swinging about 15 points to the Democrats. Based on those results, it all but ensures a blue wave in November.
I'm sad that the Democrat did not win, bit I am hopeful that this is a harbinger of a strong Democratic showing in November and, finally, a push back against the ruinous path on which Donald Trump and the Republican party has led this country for the past two years.
Last year I wrote a multi-part series about how, in my view, it was very, very possible for a Democrat to win my district, the Ohio 12th Congressional district. This despite the fact that the district is sharply gerrymandered to favor Republicans. This despite the fact that the Republican routinely carried two-thirds of the vote. In so doing I laid out a multipart road map of how, in my view, a Democratic candidate could win.
As I write this, we are six days from the special election to pick Tiberi's successor and, while there are no guarantees until the election actually, you know, happens, the Democratic candidate, Danny O'Connor, stands a pretty good chance at flipping one of the country's deepest red districts blue:
In the special election to be held next Tuesday, Balderson the Republican has 44% support and O’Connor the Democrat has 43% support among all potential voters . . . A relatively large 11% remain undecided. A little over one month ago, Balderson had a 43% to 33% advantage among all potential voters . . . a standard model that looks like a typical midterm voter pool shows the race basically tied at 46% for Balderson and 45% for O’Connor . . . In a Democratic “surge” model akin to turnout patterns that have been seen in some but not all special elections held since 2017, O’Connor has 46% and Balderson has 45%.
A tossup to be sure, but again, since the district was gerrymandered, the Republican has won with a margin of no lower than 27 points and by as many as 40 points.
I cannot say that I have been fully on board with everything Danny O'Connor has done as a candidate. He has, contrary to my prescription last year, tracked to the center in several respects and has not made economic populism a central part of his campaign. That said, my prescriptions were based on national data and voter attitudes while he no doubt has far more accurate data about this district. My gut instincts about it all may be wrong and, even if he does not win, I will in no way be playing any "I told you so" games. To do so would be like the football fan who calls plays from his couch and it's not worth much at this time of the campaign.
All I know for sure is that this performance, at this moment, seems damn nigh astounding.
If O'Connor, or any other Democrat, were to lose next week's special election by fewer than 20 points it would be a historic underachievement for the Republican in this district. If he were to lose by single digits, it would be a harbinger of doom for the GOP in the runup to this fall's elections.
That O'Connor may actually win this damn thing places us someplace extraordinary indeed.
(if you want to support O'Connor, do so here)
Donald Trump is in the United Kingdom today and The Scotsman, Scotland's national newspaper, published an editorial about him. There is not a single new piece of information in it, but it's nonetheless a must-read. Primarily because there is not a single new piece of information in it:
None of this is news to anyone, obviously, but it helps to step back, often, and remember just how horrible and disgusting our president is on a basic personal level. We tend to forget or, at the very least, gloss over it as we lurch from nightmare to nightmare -- his profound noxiousness, to use an overused phrase, normalized -- but it's important that we remember it. It's important that we remember that his contemptibility is not merely a product of what he's doing, but a product of what he is.
We live in maddening times not merely because we're pursuing awful policies as a nation, but because we're doing it in the service of the worst human being America has produced in the past 70 years. Indeed, most of the laws that have passed and the executive policies pursued since Donald Trump took office in January 2017 would've been carried out under any Republican president -- we know this because Republicans have either actively supported or have silently acquiesced to them --- but his depraved and despicable character sets him apart and brings us all down that much lower. The current Republican agenda is calamitous for our country as it is, but the manner in which he has demoralized Americans and has debased America and its institutions is undermining our very ability to undo his damage once he is gone.
I'm strongly of the view that a politicians policies and platforms matter far more than personal traits. It's counterproductive at best and dangerous at worst to treat politicians like celebrities or brands and no politician will have my support, no matter how likable or upstanding they are, if they do not support laudable and effective policies. We should, however, have a minimum baseline as to who is acceptable as a leader. We should be willing to say that, no, we will not support and, indeed, that we will actively oppose malevolent figures even if we, personally, are not the target of their malevolence.
This should not be a difficult notion to accept, but it's amazing how many people have shown themselves willing to overlook the malevolence of Donald Trump because his awfulness does not directly impact their lives and because, in fact, Trump has been good for them, personally speaking.
There are, broadly, two sorts of people on the political right these days. There are those who thoroughly love and support Donald Trump and there are those who, while claiming to loathe him, are quite happy to accept him and ignore his vileness in order to get something out of him. In many ways I think the second group are worse.
I pity the hardcore, never-wavering Trump supporters more than anything. Many of them are themselves proudly and unashamedly vile and, apart from wondering from time to time who and what made them that way, they're not worth anyone's time when it comes to political debate. Many others are simply desperate and turned to Trump without, I suspect, fully understanding what he was and what he'd do. The only hope there is to elect new leaders who will enact good policies that will make their lives and everyone else's life better thereby relieving them of their desperation and showing them that, no, not everyone in Washington is out to screw them over. We've done a horrible job at this, basically forever.
The latter group, though -- those Republicans who say they hate Donald Trump but who have done absolutely nothing meaningful to oppose him and much, in fact, to enable him -- have made a choice. A bargain, really. They've chosen to look the other way at everything Trump is and everything Trump does because they were promised and were delivered tax cuts and deregulation and permission to continue to think of nothing and no one but themselves in just the manner they have been encouraged to do for the past 40 years or so. These people -- who make up the bulk of Trump's support, by the way -- are not the "deplorables" who made national headlines in 2016 or the "white working class" who were so misrepresented and so misleadingly overexposed in feature stories since then. They're the lawyers and bankers and business owners who happily exchanged their moral and ethical integrity for a few more dollars in their already large paychecks each month.
They are the ones who claim, now, that they don't care for Donald Trump but who happily donate to and support the campaigns of Republican Congressmen who have enabled and protected him. They are the ones who, in the future, will claim long and loudly how much they hated Trump without every being able to articulate how, exactly, they opposed him in anything approaching a meaningful way.
But they know. And we know. And just as we should not forget how despicable Donald Trump is as a human being and how unfit he is to lead our country, we should not forget who put him in power and who let him disgrace and dishonor America in the manner in which he has.
Do you like bourbon? Then I have a story for you.
Some of you may remember The Great Pappy Van Winkle Heist from back in 2013. Hundreds of bottles of the most expensive, most highly sought-after bourbon known to man, Pappy Van Winkle was reported stolen. Coming as it did amidst an unprecedented boom in the popularity of bourbon, it made national news. International news even.
In 2015, Franklin County, Kentucky Sheriff Pat Melton claimed to crack the case. A criminal syndicate was behind it, he said. Racketeering! Guns! Drugs! Serious, serious business. Over a half dozen arrested. A man named Toby Curtsinger the alleged kingpin. The assailants faced decades in prison under state RICO laws. It was a major, major deal and, once again, made news around the globe.
And then, three years later, it was no longer big news at all. It wasn't even all that big of a crime.
One person had charges dropped against them. Everyone else pleaded guilty, with all but one serving no jail time whatsoever. The alleged kingpin, Toby Curtsinger, was sentenced to 15 years. He served 30 days and was released on shock probation just this past weekend.
What made the case turn into almost nothing, with almost no jail time? The fact that there really was no Pappy Van Winkle Heist at all. At least not as it was portrayed.
I am the first and so far the only person I know of to speak to Toby Curtsinger about the case on the record. He invited me to Frankfort to interview him back in January. He told me everything. The reality is far more interesting than the coverage, even if it's nowhere close to being as sexy. I did a short writeup of it for it for Bloomberg-Business Week, which they illustrated into a fun little cartoony bit.
The short version: people in distilleries have been stealing bourbon forever. People have been stealing Pappy for years too. No one really paid it much mind. The alleged Heist was mostly a function of an overzealous employee noticing the inventory being off by 200 bottles and calling the police because he was worried he'd get in trouble. Note: the inventory was always off, usually by more than 200 bottles, and there is almost no chance anyone would've gotten in trouble for it, let alone noticed it. Buffalo Trace would almost certainly have done what they always did in such instances: written the missing bottles off as "breakage." Once the police were called, however, it was a big deal and it all spiraled from there.
In reality, the "Heist" was a snapshot in time, made possible by antiquated security and quality control at the Buffalo Trace Distillery, not uncommon at most distilleries until relatively recently. If not for a local sheriff (since voted out of office) trying to make himself look good and the Buffalo Trace Distillery realizing, after the fact, that it was the best free advertising Pappy Van Winkle ever got, none of this would've made even local news. In the end, of course, this was also all made possible by a crazy cocktail culture-fueled bourbon bubble characterized by marks paying thousands for a bottle of wheated bourbon that, 20 years ago, was being sold in novelty, collectable crocks with cartoon hillbillies on it. That sort of dynamic tends to incentivize a black market and tends to help pedestrian stories make the headlines.
Oh, and despite being portrayed as the "Pappy Van Winkle Bandit" none of the charges against Toby Curtsinger actually involved Pappy Van Winkle. He was popped for possessing five barrels of stolen Wild Turkey. It truly was the Pappy Van Winkle Heist that wasn't.
Finally: I actually did a much, much longer and in-depth writeup of all of this that, for various reasons, didn't work for Bloomberg, but I'm happy they ran with this at least. I may be writing up the longer version someplace, even if I only end up putting it on this blog.
With very few exceptions -- very notable exceptions, yes, which are not to be diminished but which skew more recently in our memory -- the Supreme Court has, historically, stood more often against progress than for it. We have been fortunate that that has not been the case in many important instances, but it is a matter of simple legal and historical fact that the court has lagged behind the political process in delivering justice rather than lead it.
The Court never ruled against slavery, did not deliver women the right to vote and took nearly a century to even begin to rule against Jim Crow. Even in instances where a single Supreme Court case stands paramount in the vindication of rights, such cases were only decided after years of people pushing our nation to get there, hard, in the social and political sphere. The Court often carries the ball over the goal line, but it's the people who marched it down the field.
This is not to say that we should not be worried about the Court's hard shift to the right. There will be considerable damage done to the course of human progress as a result of it in both the short term and long term. It is undeniably the case, however, that what the Court does will not be the final word.
It will not be the final word if people continue to fight, politically and socially, for justice and progress. Not if we push back against this madness by every means necessary, do whatever can be done to advance the cause of humanity and to beat back the cause of revanchism, nihilism and just plain evil.
Be sad today. Then get pissed. Then get to work. People who have faced far harder times than us have dealt with a society far less inclined to listen to their voices and far more inclined to do them violence as a means of silencing them. Yet they were not deterred. They did not wallow in defeatism. They kept fighting. And they won. Do them proud by doing the same.
Justice Kennedy is retiring, and he's going to be replaced by a much younger, more conservative justice who will do a great deal of damage in the very long time he serves on the bench. There's no way to sugarcoat that. Not at all. I will, however, make a few observations that you can give however much weight you'd like:
1. Despite Kennedy's past votes preserving victory in liberal causes, he has never been a sure thing, and each time there was much reason to believe he'd go one way before he went another. In light of that -- and in light of his track record in recent terms -- I had little faith that if, say, a Roe v. Wade challenge game up again that he'd vote to preserve abortion rights and I suspect he'd break right on host of other issues. Yes, it's bad that he's leaving and worse that we have Donald Trump nominating his replacement, but let's not pretend we're losing a liberal light of the judiciary, especially given that, five hours ago, he helped end organized labor as we know it in the Janus case.
2. A lot of people are saying the open Supreme Court seat will motivate Republican voters for the midterms this fall. I think that's overstated and possibly plain wrong. There are a lot of GOP voters who are strongly motivated by packing the courts with conservative judges, but those are also the sorts of GOP voters who vote in every election anyway. In this they're akin to that lady you know who works at the library, drives a Subaru, carries the NPR tote bag and can tell you the name of everyone on the ballot, right down to the third party candidate for that open school board seat three months before the general. Just as she's gonna be there voting for Democrats every damn time, the folks who get off on stripping people of their rights via the judicial system are already quite motivated, thank you very much. They're a big reason we're in the current mess.
3. While I have learned by now that there is nothing dumber, less-strategically-inclined and less effective than a Democratic political campaign, I suspect that the battle over the Supreme Court seat -- which Republicans will win, by the way, 100% -- could serve to help motivate Democratic voters who may not have otherwise come to the polls this November. This is especially the case if the seat is still open come November, but even if it is not, the sort of rhetoric with which Democrats should rightfully fill the air for the next couple of months over all of this should be the sort of things that motivate voters, especially young, normally less-than-fully engaged ones. People will vote if they think their very values and possibly even their very way of life is on the line. It very much is for the left. It is not for the right.
This is just my kneejerk reaction, mere minutes after Kennedy's announcement. Maybe I'm wrong, but I'd ask you: please, let's not be defeatist. There are elections to win this fall.
Tyranny does not arrive on our doorstep, fully formed, proclaiming itself as such. Evil does not wear a black hood and cape, monologuing about "the true power of darkness!" Such things come in increments. In drips and drabs, each drab appearing unremarkable due to its apparent innocuousness and each drip as normal and conventional, or at least described to us as such by our leaders or the media. Those who do evil are quite convinced that they are the good guys in their story and those who observe evil work extraordinarily hard, for a number of reasons, both consciously and unconsciously, to portray it as normal rather than aberrant.
We are, however, what we do not what we say we do. While there are many shades of gray in human behavior, that does not mean that there is no black and no white. Evil done under claim of righteousness is still evil.
As Hannah Arendt so compellingly observed in Eichmann in Jerusalem: A Report on the Banality of Evil, Adolf Eichmann was an unremarkable man, not a mustache twirling villain. He told himself, every day, that what he was doing was fine because everyone around him acted as if it was fine, duly passing laws to validate his acts, obediently nodding their heads or turning their heads away as it was done. When he had misgivings about what he was doing he'd try to make up for it with a good act here or a good act there, telling himself that his balance sheet was, more or less in order. He did not believe he was evil because he never consciously chose to do evil as such and did not consider that there was a higher arbiter of morality than the people who passed the laws or gave him orders.
Morality does not work like that. We must examine that what we do and that which we support, vigilantly. We must ask ourselves more than "is what is happening legal?" or "is what is happening good for me?" We must ask, in broad terms, "is what I'm doing right, moral, ethical and just?" We must ask the same of our leaders and of that which is being done in our name.
For several years in the 1950s, Senator Joseph McCarthy smeared anyone and everyone he could while conducting his hunt for communist sympathizers in the United States government. As he did so -- destroying lives and careers in the process -- he was afforded a level of respect and deference all Senators receive. His work, however unpopular, however unethical and however criticized by some, was treated as if it were legitimate, ordinary and within the normal parameters of his role as a member of Congress.
All of that changed on June 9, 1954. Not because McCarthy's colleagues did anything to stop him. Not because he broke a law or admitted to his overreach and his cruelty. It changed because, on that day, someone called him out for what he was.
His name was Joseph Welch, an attorney representing the United States Army, defending a junior attorney at his firm whom McCarthy put on blast for his own alleged communist sympathies. When McCarthy did this, Welch disposed with the usual behavior an attorney before a Senate committee is expected to display and called out McCarthy directly, with his now famous words, "Have you no sense of decency, sir, at long last? Have you left no sense of decency?”
Those words marked a turning point. The point after which McCarthy's excesses and overreach would no longer be tolerated. The point where his work and his words were no longer seen as an acceptable part of political discourse and debate but were, quite correctly, seen as aberrant and unacceptable within the context of a liberal democracy. McCarthy's deplorable career and his deplorable work effectively ended that day. They ended because someone decided that they could not be tolerated and did something that was outside the bounds of what, in the moment, was expected. They ended because Joseph Welch disposed with deference and decorum. In short, he was uncivil.
Over the weekend, President Trump's press secretary, Sarah Huckabee Sanders, was dining at the Red Hen restaurant in Lexington, Virginia. Multiple members of the restaurant's staff told the owner that they objected to the administration’s recent actions leading to the separation of children from their parents at the U.S.-Mexico border and asked the owner to refuse Sanders' party service. The owner politely asked Ms. Sanders to leave and she left. The restaurant owner explained her reasoning to reporters. It was not about a mere, narrow political disagreement as such. It was a matter of ethics and morals and her and her staff's belief that the Trump administration had crossed a line into the "inhumane and unethical."
Not surprisingly, the matter has blown up into a huge controversy, with conservatives and Trump supporters likening it to Jim Crow-era discrimination and opponents casting it as a matter of conscience. Also, not surprisingly, much of the political establishment has sought to cast it in terms of "civility" and a failure of people to agreeably disagree about the matters of the day.
It's expected that the partisans would read this or any other controversy in a way that casts themselves as hero/victim, but the putatively neutral arbiters focusing on the lack of "civility" here as the real problem are the ones who truly get this wrong.
As Joseph Welch demonstrated, there comes a time when it is necessary to step out of one's expected, ordinary mode of behavior and say "no, this is not normal, this is not acceptable, and I refuse to behave as if it were." A time when we are not witnessing two sides debating in good faith regarding the correct path of the nation at which point we should no longer afford one of those sides the deference they expect. A time when we must speak up and make clear that their behavior and their views are not within the normal bounds of reasonableness and that they are not entitled to a seat at the table, figuratively or literally.
Saying such a thing tends to bother people because we've all been taught that we are all entitled to hold whatever political views and carry out whatever political acts we desire. And, of course, we are. We have come to assume, however, at least implicitly, that our right to do so carries with it an obligation of others to respect our political views and meet them head-on in good faith debate. That is simply not the case.
However shocking it may be for people to hear it, there is a finite spectrum of acceptable political values in this society. It's a wide spectrum in this country -- wider than in almost any other society in human history, I reckon -- but it is finite. We would not and should not accept into polite society someone who advocates for legalized murder, slavery, rape and genocide, for extreme example. Such people would not be given an editorial in a respectable newspaper or a seat at a town meeting and, I would hope, we would not allow such people into our homes or places of business. If you take issue with that, this is probably a good time to stop reading, but I presume most folks don't take issue with that. The point is, there is a line that one can cross where one is not merely espousing an "alternate viewpoint" which should be respected and at which point they are not entitled to deference and civility, even if there are still laws which prevent us from knocking them over the head with a well-seasoned cast iron skillet.
But surely there is a point before "legalized murder, slavery, rape and genocide" when such people can be and should be shunned, right? There is a spot on the political spectrum that is more extreme than "this person and I disagree" and less extreme than "this person literally wants me and everyone I love to be murdered" where it's quite alright to call them out as pariahs and refuse to accept them as merely one voice in grand political discourse, no? I sure hope so, because people who truly want to legalize murder, slavery, rape and genocide are probably gonna start a bit smaller than that. Slides into tyranny are almost always incremental. As such, it's best to nip such impulses in the bud.
We have a habit of painting our political adversaries as extremists, even when they are not particularly extreme, so there is always going to be a "you cried wolf" element to this sort of business. The fact is, though, we are now being ruled by extremists. I'm not talking about people of a certain political persuasion finding themselves temporarily ruled by folks of a different political party. That's a feature of our system, not a bug, and if you can't handle that you've got your own set of problems. No, I'm talking about extremism in the form of an administration, its enablers in Congress and its supporters around the country which hold no regard for basic liberal democratic values which both political parties in our country have long claimed to cherish.
What follows are not political opinions. They are basic, observable and incontrovertible facts regarding the Trump administration which should offend both Democrats and Republicans alike:
As a matter of simple fact, these are all acts and positions which are beyond the pale and which we have long considered to be utterly unacceptable in civilized American society. Under no circumstances are people required to respect it or afford it a place in the arena of normal, civilized political discourse. Under no circumstances are we required to be "civil" in the face of this base and reprehensible conduct by these reprehensible people.
The folks who own the Red Hen embodied this notion when they denied service to a key member of Trump's political and propaganda machine. Their act of incivility is already being overblown, of course, because denial of service in a restaurant carries a lot of historic and symbolic value, but it was the small way in which the folks at that restaurant had any power to lodge a protest against acts and views which fly in the face of the values of a liberal democracy. It was a limited act within the world they inhabit but which made it clear where they stand and what they stand for.
Those of us who do not own restaurants can and should react similarly. That does not necessarily mean denying people service or making grand gestures -- people should do what feels natural and right to them in any given moment rather than adhere to some sort of proscribed campaign -- but it does mean, like Joseph Welch before us, we should call out indecency when we see it and demand leaders and institutions which are moral, ethical and just, calls for civility be damned.
We must do so even if most people are inclined to pretend as if things are perfectly normal when they most assuredly are not. Perhaps especially so.
The news that Trump is ordering an end to family separations at the border is good. It's a limited act -- he's still enforcing an unconscionable "zero tolerance" policy against people seeking asylum and will now likely seek merely to prosecute and incarcerate children with their parents -- but it is a step back from the brink and any step back in this madness is something. There will almost certainly be devils within the details of his order -- he is Donald Trump and he is incapable of anything honest, straightforward and in good faith -- but it is a sign of limited surrender, even if temporary, on the specific point of family separation.
The child separation policy, it should be noted, was calculated to (a) intimidate and terrorize immigrants; and to (b) create a needless crisis through which he endeavored to obtain legislative concessions furthering his xenophobic anti-immigrant agenda. It's also clear that Republicans were all too eager to play along with Trump, attempting to use the cover of this crisis as a means of ramming through such legislation all while making a public case that, if Democrats did not sign on, they were not truly interested in addressing immigrants' plight. It was cynical and disingenuous theater at best. In my view it was an attempt at appeasement of government-implemented terrorism. However you describe it, it was shameful.
This order does not end the matter, of course. For one thing -- the most important thing -- thousands of children have been taken from their parents already, some of whom have been whisked thousands of miles from their families, many of whom may never be seen again by their mothers and fathers. Significant damage has already been done to them, psychologically and otherwise. That damage will not be fixed by the issuance of an order. It will likely last years. In some cases it will last forever.
It will also not end Trump's efforts to implement his anti-immigrant agenda. He will continue to seek to deprive immigrants, both those already here and those seeking to come here, of legal rights. He will still try to degrade, dehumanize and demonize them for political gain. He will still seek to build his pointless wall. On this front he should be fought at every turn by any and all legal, political and legislative means necessary. Even if the ethics of child separation are not complicated, the business of forging immigration policy is not easy business, and in no way should Trump be allowed to be the only voice speaking on the matter.
What he can no longer do, however -- and what he should not be allowed to do again -- is to manufacture and leverage a humanitarian crisis to to aid in those ends, using screaming children as his bargaining chips. That he has already done so is and will long stand as one of the most immoral and depraved acts undertaken by the United States in recent memory and those responsible for devising the plan, implementing it and defending it should be held to account.