British libel laws: No model for the United States

Daily News, November 3, 2016

Union Station, Washington DC, August 2016 ©  Andrew Stuttaford

Union Station, Washington DC, August 2016 ©  Andrew Stuttaford

Even though Princess Diana is no longer with us, there is still quite a lot that Donald Trump appreciates from across the pond. There's that Scottish golf course of his, there's Brexit, and, judging by a recent interview he gave to Miami's CBS 4, there are England's libel laws.

Trump, claiming to be a "tremendous believer (in) the freedom of the press," is significantly less enthusiastic about the news media's ability, as he sees it, to get away with "terrible, terrible mistakes," mistakes made "on purpose" and intended to "injure people." If he's been wronged, he said, he should be able to sue and so should "anyone else."

In England, maintained Trump, "they have a system where you can actually sue if someone says something wrong." And: "You have a good chance of winning. And deals are made and apologies are made," deals (with Trump it's always deals) and apologies that the U.S. media do not have to make.

I'm British-born and usually pretty chuffed when I hear my native land praised for the way that it manages its affairs, but this time not so much. To be clear about one thing first: Trump is not really talking about "anyone" being able to win damages for defamation by the media. What's bugging him is that in America it's very difficult for a "public figure" (and, trust me, Donald Trump counts as a public figure) to do so.

Under U.S. law and well-established precedent affirmed by the Supreme Court, where public figures are concerned, it's not enough to show carelessness, inaccuracy and damage.

Public figures also have to prove that "actual malice" was involved. That means that the statement was either published by someone who knew it was false or, assuming it turned out to be false, didn't care one way or the other. That can be tough to prove.

Over in England, public figures have it quite a bit easier, although not quite as much easier as Trump, not always known for keeping up with what goes on in the world, may think. In fact, a year or so back, English defamation law, which can be rougher on the press than on those complaining about it, was modified in ways that will make it harder for plaintiffs to use litigation or the threat of litigation to muzzle the media.

Changes included adding the requirement that a statement is not defamatory unless plaintiffs can show "serious harm" (or the danger of serious harm) to their reputations. For businesses, that now means demonstrating that they have suffered, or face the prospect of, "serious financial loss." Additionally, most cases will now be decided by a judge rather than a jury, which ought to reduce costs and, probably, damages.

The press should also benefit from the fact that a still somewhat hazy "public interest" defense has been given statutory force (thereby reinforcing the principle that it's OK to publish something that is — or might reasonably be thought to be — a matter of public interest). But a public interest defense would be far less of an obstacle to litigation by public figures in England than they could, to Trump's obvious irritation, expect to face in the U.S.

Despite these reforms, England's new law retains one key difference with American practice that will appeal to The Donald. In the U.S., it's the plaintiff who has to demonstrate that he or she has been defamed. But in England, it's the defendant who has to prove that what was published isn't defamatory, an obligation that comes with a degree of risk that some editors, journalists and publishers won't relish taking, a risk that helps explain, to take one notorious example, why the sex crimes — crimes that stretched over decades — of the disk jockey Jimmy Savile, a major celebrity in the U.K., went unreported until after his death in 2011.

This chilling effect on what will be published has, as a more recent controversy over a book on Vladimir Putin's finances shows, survived the new law, at least to a certain extent. It's an effect that, I suspect, Trump would be delighted to see spread to the U.S., a country blessed — up to now — with far greater protections for free speech than my homeland.

That mustn't happen. The case can be made that public figures in the U.S. are forced to climb too high a hurdle to defend their reputations, but that is a part of the price that preserving free expression demands.


Donald Trump: always crashing in the same car

Prospect, October 20, 2016

Trump Tower, New York City, September 2016 © Andrew Stuttaford

Trump Tower, New York City, September 2016 © Andrew Stuttaford

Hillary and Donald didn’t shake hands. And nor did Melania and Bill. Expectations of a mudfight had been whipped up by Team Trump’s decision to bring along a number of guests designed to spook Team Clinton. These included four mothers of people killed by illegal aliens, the former fiancée (from the 1990s) of the US ambassador butchered in Libya, the (allegedly estranged) mother of another of the Benghazi victims, the wholly estranged half-brother of the current president of the United States, and a former TV reporter from Arkansas who has emerged in recent days to assert that she was sexually assaulted by Bill Clinton in the 1980s. Adding to the goodwill in the air, Trump had suggested last weekend that the two candidates should submit to a drug test beforehand. Hillary, he maintained, had been “all pumped up” at the beginning of the previous debate, but had appeared curiously drained by the end of it (“She could barely reach her car”).

But (slightly) less mud flew than anticipated last night and it was The Donald who did not seem quite himself. And this was not just because he came across as somewhat more prepared than usual. Uncharacteristically sotto, he gave an impression of being gently sedated, or at least of having listened to his more sensible advisers, except, of course, when he didn’t. He made the moderator (Fox News’ Chris Wallace, unquestionably the most accomplished performer of the evening) look like an accomplice by thanking him for asking Clinton a tough question. He probably irritated yet more of the female voters he desperately needs—against all the odds—to win over by referring to his opponent as “such a nasty woman.” He won’t have made a lot of new friends with his remark that there were “some bad hombres” among the illegal alien population. Mathematically (“some”) that must, I suppose, be an accurate enough observation, but, in just the latest of countless own goals, Trump managed to phrase it in a way that hinted at a racial animus not only disturbing to Latinos (like just about every minority group a largely lost constituency by now) but to many whites too. On some calculations, Trump will need the support of nearly two-thirds of white voters to win (compared with Romney’s 59 per cent in 2012). Good luck with that.

And then there was the way he dealt with questioning over his willingness to accept the result in November. Lest we forget, he has been complaining that the election is being rigged. After some toing and froing with Trump on this topic, Wallace asked this:

“There is a tradition in this country—in fact, one of the prides of this country—is the peaceful transition of power and that no matter how hard-fought a campaign…that at [its] end… the loser concedes to the winner. Not saying that you’re necessarily going to be the loser or the winner, but that the loser concedes to the winner and that the country comes together in part for the good of the country. Are you saying you’re not prepared now to commit to that principle?”

Trump: “What I’m saying is that I will tell you at the time. I’ll keep you in suspense. OK?”

That answer (“horrifying”, declared Clinton) became the talking point of the night among the commentariat, and, I suspect, not just among the commentariat. It was, to put it mildly, a remarkable thing for a major party nominee to say ahead of the election. Voting fraud is not exactly unknown in the US, and some grumbling by the unsuccessful candidate—even after a presidential vote— about dodgy doings at the polls, sometimes legitimately (Nixon in 1960), sometimes rather less so (Kerry and those Ohio voting machines in 2004) is another American tradition, but a formal challenge by the loser to the result is not: The Florida debacle in 2000 was a genuinely exceptional state of affairs.

Clinton: “You know, President Obama said the other day when you’re whining before the game is even finished…”

Looked at one way, Trump’s allegation that the election might be rigged (a term he has defined in different ways: it has, for example, included his argument that media bias has distorted the process) against him fits neatly into his outsider narrative and adds to his outsider appeal. Looked at another way, it will have reinforced the impression of many Americans that (as Clinton was not slow to argue) Trump is “not up to doing the job.” It also sounded like the prexcuse of a man who cannot cope with defeat. As Clinton jeered, “There was even a time when he didn’t get an Emmy for his TV program three years in a row and he started tweeting that the Emmys were rigged.”

Trump couldn’t contain himself: “Should have gotten it!”

“Always crashing in the same car,” as someone once sang.

To be fair, Trump acquitted himself better in this debate than in the first two—low bar—but he did little to avert what looks like a clobbering next month. According to a CNN/ORC poll, 52 per cent of viewers thought that Clinton prevailed, as opposed to the 39 per cent who judged Trump the victor. It says something for the debating skills of a man who prides himself on his ability to close a deal that that was his highest score so far. The best that he can hope for is that his performance will not have cost him too many votes. Best guess: It didn’t. Between them, both Trump and Clinton said enough last night on a wide range of issues including immigration, gun rights, trade, terrorism and abortion to assure Trump’s core supporters that they were in the right place. His problem is that those core supporters are not numerous enough to propel him to the White House.

To attract additional voters last night, Trump needed either to clean up his own image or to make more of a mess of Hillary’s. He didn’t try too hard at the former. Judging by the laughter that greeted his claim that “nobody has more respect for women,” that was, in all probability, wise. Instead he concentrated on trying to drag Clinton down, something that would be very much easier were he not Trump. He attacked the Clinton Foundation (“a criminal enterprise”). She countered with the Trump Foundation (“bought a six-foot portrait of Donald”). He raised sleaze. She talked about his taxes. He complained about the foreign policy fiascoes of recent years. She brought up Putin. He threw in Bill Clinton. She threw back Donald Trump. Yes, Trump landed some blows (those errant emails, allegedly evidence of dirty tricks) but not enough, judging by that poll, to make much of a difference.

And so today Trump tweeted this: “Why didn’t Hillary Clinton announce that she was inappropriately given the debate questions—she secretly used them! Crooked Hillary.”

Always crashing in the same car.

Trump has maxed out—but he will plug on nonetheless

Prospect, October 10, 2016

New York City, September 2016 ©  Andrew Stuttaford

New York City, September 2016 ©  Andrew Stuttaford

The most significant words in last night’s US presidential debate came right towards the end, and they will have ended any hopes in what passes for the Republican leadership that Donald Trump might somehow magically, marvellously just go away.

The two candidates were asked to pick out something that they respected about the other. Hillary Clinton replied that the talents of Trump’s “incredibly able and devoted” children “[say] a lot about Donald” (implication: there was nothing she respected about The Donald himself). Trump framed his response as a compliment to Clinton, but, as usual, he was really talking about himself:

“I will say this about Hillary… she does fight hard and she doesn’t quit and she doesn’t give up and I consider that to be a very good trait.”

It was never likely that Trump, a man unable to contemplate losing at anything, would stand down and it was never certain what would happen if he did, but with that observation he made it clear that, despite the worst week or so that any Republican or Democratic nominee for the presidency has ever endured, The Donald will plug on.

Following as it did a press conference (of sorts) that Trump had arranged for a number of women who had allegedly been seriously wronged by one Clinton or the other, expectations were that the debate would be a roughhouse. And, from the moment that the two contestants declined to shake hands at the bout’s beginning, expectations were not disappointed. The commentariat, a prim lot in America, were duly appalled. I, on the other hand, enjoyed it immensely. Titus Andronicus beats Hamlet any day.

Neither candidate made any attempt to conceal their mutual disdain, but in case any viewers hadn’t got the message, Trump described Clinton as incompetent, the devil, married to a bad man, in hock to special interests and as someone with “tremendous hate in her heart,” someone—his inner authoritarian never far away—he appeared to believe should be jailed over those errant emails. And, oh yes, Clinton is a liar.

For her part, Clinton hit out at the contempt Trump has shown for women “and the very brutal kinds of comments he has made about not just women, but all Americans, all kinds of Americans.” The Donald, she said, is not fit to be president (except, we were left to assume, in the eyes of Vladimir Putin). Not only that, he was responsible for an increase in bullying in schools (“teachers and parents are calling it the Trump Effect”), a hard to verify accusation that will resonate most helpfully—and at several levels—with the distaff side of the electorate. And, oh yes, Donald is a liar.

Even the duo’s behaviour on stage showed the depth of their loathing. His jaw busily doing the Mussolini, Trump prowled around, sometimes looming up behind his opponent in a vaguely menacing manner that, along with an occasionally badgering style, won’t have done him many favours with female voters, especially with his videotaped talk (exaggerated “locker-room” bragging or otherwise) of grabbing women “by the p***y” undoubtedly still fresh on their minds. Meanwhile as The Donald spoke, the look on Clinton’s face shifted between anger, unconvincing impassivity, icy amusement and the condescension that explains why so many Americans find it impossible to warm to her. To lose to Hillary will take some doing, but in selecting Donald Trump as their champion, Republican primary voters appear to have found the right man for the job.

Last night did nothing to change that fact. Prior to the first debate on 26th September, Trump was enjoying an unexpected surge, and the first “what ifs” could be heard in the land. Then came the second self-destructive half of the first debate and, after that, a few days dominated by Miss Universe kamikaze. Clinton pulled back into a comfortable lead and that was according to polls taken before the release of one of the most politically destructive tapes since Richard Nixon’s effort way back when, a tape that was, interestingly, no less destructive for being all too predictable. Last night Clinton described the Trump campaign as “exploding.” That was a stretch, but not by too much.

Trump needed to reverse that slump, but failed. To be fair, when it came to the substance of the debate, such as it was (not much), he did better than anticipated, admittedly a low bar after the debacle first time round. The advantage of mounting an outsider challenge is that little is expected in the way of detailed policy. And indeed when it came to proposing an alternative to, say, Obamacare or the fight against ISIS, very little was all that Trump had to offer. But that won’t matter, at least to his supporters. What they want most now is an echo and an amplifier of their (not always unjustified) resentment and in Trump that is what they’ve got.

However incongruous it may be coming from the man in the penthouse apartment, Trump knows how to play the outsider very well:

“[Hillary] used the power of her office to make a lot of money… [W]hy aren’t you putting money into your own campaign? Just curious.”

Just curious. Just brilliant.

Then, of course, there are those emails. Using a private server in the way that Secretary Clinton did was irresponsible—and possibly sinister—enough, but the signs of a cover-up may prove more damaging, and, in an anti-establishment year (Trump took care to throw in a few references to Bernie Sanders), the suggestion that Clinton benefited from favourable treatment is political poison:

“33,000 e-mails deleted and now she’s saying there wasn’t anything wrong. And more importantly, that was after getting a subpoena. That wasn’t before. That was after. She got it from the United States Congress, and I will be honest. I am so disappointed in congressmen, including Republicans, for allowing this to happen. Our Justice Department where her husband goes on to the back of an airplane for 39 minutes, talks to the Attorney General days before a ruling has to be made on her case… if a member of the private sector did that, they’d be in jail. Let alone, after getting a subpoena from the United States Congress.”

It’s right to feel queasy about the seeming relish with which Trump, a vindictive man and, as I mentioned earlier, someone with obvious authoritarian tendencies, talks about Hillary in jail, but it’s also understandable why so many Americans might be angered by the notion (albeit still disputed) that this ultimate insider has benefited from far more favourable treatment from the authorities than they could ever hope for.

But Trump’s problem is that he has already riled up just about anyone he can. In delivering his best lines last night he was singing to a choir too small to take him to victory, and he didn’t make it any larger. According to a CNN poll, 57 per cent of viewers thought that Hillary won the debate. With November drawing close, the election remains hers to lose.

Race To The White House Through The Looking Glass

Standpoint, October 1, 2016

standpoint.jpg

East Anglia is not, perhaps, an obvious place to assess the American vote this autumn, but back in the UK on a brief trip, I noticed that the small section in a Norwich bookshop dedicated to the US presidential election featured almost nothing on Hillary Clinton. Donald Trump was represented by a series of biographies, exposés, comics and even colouring books. Few, if any, were admiring, but they crowded the Clintonware out. As so often, Hillary had been reduced to a grey blur (to borrow one Menshevik’s unwise description of Stalin), barely visible against the madcap backdrop of Trump’s trickster parade.

An election to decide who becomes the world’s most powerful man (or woman) is inevitably intensely focused on the character of the contenders. Even their running-mates, appointed amid brief, synthetic excitement, are speedily hauled away from the limelight, demoted to surrogates deployed to savage the opposing team in a manner that a presidential candidate cannot, or, more positively, to throw a sprinkling of low-wattage stardust over small crowds in small states.

That’s in a normal year. It’s symbolic of this campaign, dominated by the personality of one man, that few running-mates have been pushed quite so quickly into the background as Trump’s choice, Indiana governor Mike Pence. Adding respectability and good hair to a campaign with little of either, Pence is a stolid reminder that the GOP is traditionally the “daddy party”, a quality that risks being drowned out by the playground taunts of its presidential nominee.

From the tweets of Donald Trump: “@SenJohnMcCain should be defeated in the primaries. Graduated last in his class at Annapolis — dummy!”

For the record, McCain, a bright but truculent student, came not last but 894th out of 899, not quite ignominious enough for The Donald. Reducing the senator still further in the rankings was an example of Trump’s use of “truthful hyperbole,” a clever term (dreamt up by his ghostwriter for The Art of the Deal) for a clever idea. It goes a long way to explaining Trump’s success as a salesman of buildings, of stories, of conspiracies and of himself. What matters is not what is true, but what is remembered, and how.

“When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master — that’s all.”


Many voters seem less disturbed by Trump’s abusive relationship with fact than they should be. They understand that Trump is true to himself if not to the truth, a proof of his authenticity even when based on lies.

But back to Mike Pence. He has been married for decades to one woman and has a surname with one syllable (something Trump reportedly believes “conveys strength”). Earlier this year, he endorsed Ted Cruz and had been said to “loathe” Trump. Trump’s Hoosier is, it turns out, not only respectable, but flexible, helpful given his role as a kind of “ambassador” to sceptical elements in the Republican establishment.

The Pence pick was muttered rather than proclaimed. He was introduced from a podium on which the Trump name was present, but the Pence name was not. The same could, for the most part, be said about the speech by Trump that followed, a typically Trump talk about Trump — with added terrorism, law and order, industrial decline, “crooked Hillary”, taxes, over-regulation, the Nafta disaster, that wall, Brexit, the building of a hotel in Washington DC (“under budget and ahead of schedule”), and triumph over the Republican party hierarchy.

From time to time, Trump remembered why he was meant to be there, and dragged his speech “back to Mike Pence” with a shout-out or two to the Indianan’s achievements, before reverting again to Donald J. Trump. 

Pence had been chosen partly for reasons of “party unity”, but The Donald’s signal was clear: this was still his campaign. And so it has proved. The election has been dominated by this most unexpected candidate, a shape-shifting, eccentric reminder of America’s infinite capacity to surprise, a narcissistic, poorly-informed, sometimes tin-eared, sometimes astoundingly intuitive post-political politician, a fantasist, a chancer who looks in the mirror and sees the future. His opponent — dull, exhausted Hillary — has been reduced to a supporting role, with the twist that is she who will limp off with the prize.

Trump’s most interesting observation in that speech was that he was “a messenger”, a humblebrag but accurate enough. His startling ascendancy in the Republican primaries, even if helped by the fact that he was taking on a divided field of rivals far weaker than the GOP leadership has ever been prepared to admit, sent a message about unhappiness on the Right.

The fact that Trump is, as I write, for all his flaws and gaffes, still very much in contention for the top job sends a broader, even gloomier message: America is not at ease with itself, a message echoed by those millions of Democrats who voted for Bernie Sanders, a grouchy Marxist lost in ancient delusion.

But it’s Trump who appears to be the messenger of those who are unhappiest of all. Early analyses of his rise emphasised the support he was winning among the embattled white working class, left behind by globalisation, job-destroying automation and sweeping demographic change (support swollen by the more traditional politics of racial resentment in his Southern and Appalachian redoubts) and reinforced by feelings of voicelessness and the suspicion that the country no longer had much room for them. It’s not only the poorest that feel this way. Read enough elite exultation, particularly in the media, at the prospect of an older, whiter America on its way to the grave, and it’s not hard to understand why some whites fear they are, in the sinister old Soviet phrase, “former people” in the making. 


Trump’s tax-cutting agenda (the numbers don’t add up, but Trump is hardly alone in being guilty of that) will only be of limited appeal to many of these voters. But they do appreciate much of the rest of what their champion has to say, both for its specifics, however implausible, and, no less, for how it feels. “Make America great again” is more than patriotic swagger. It’s a reproach and a promise, a wild, exhilarating swing against contemporary orthodoxy — on immigration, on free trade, on multiculturalism, on bearing too great a burden abroad and on much, much more besides. The Wall Street bashing, however incongruous from a millionaire/billionaire/whatever in his tower, plays well with this crowd too.

Whatever some alarmists might say, this is not fascism (as that term is properly construed) or anything like it. Despite Trump’s fondness for jutting his jaw like Il Duce, his rise is better understood by looking not at the Europe of nearly a century ago but at its current populist surge — of Left, Right and something of both: Syriza, UKIP, the Finns Party and all the rest. It was no coincidence that Nigel Farage shared a platform with Trump in Mississippi in August. Trumpism (yes, it’s a word, even if no one, including Trump, quite knows what it means) is part of a wider revolt against ruling establishments, on either side of the Atlantic, affluent, post-national and condescending, and not as competent as they like to assume.

While the Trump campaign is defined and often overwhelmed by the man at its centre (thus its chaos), the personality cult on which it is, if only partly, built comes with a wink. For all the towers, hotels, casinos, headlines, women and bankruptcies, Trump would not be where he is today without his decade (and more) in reality TV, something that has propelled him to the rostrum while subtly undermining his place there. He takes himself seriously — very seriously — and yet there is more than a trace of self-parody about his performance, which the fans and followers (in Trump’s case, often interchangeable categories) who have watched the evolution of his media image over the years, understand very well. It helps explain why they hold him to a lower standard than they would a more mainstream candidate. As Trump draws closer to the White House, that’s not a comforting thought. There are good reasons to believe that this thin-skinned, occasionally vindictive man might attempt to abuse the powers of the presidency to an even greater extent than some of his predecessors.

But if Trump tried to overreach, he would almost certainly be stopped. Whatever else can be forecast about this election (full disclosure: my predictions have not proved exactly infallible so far), we can be sure Trump is not going to win by a landslide. The electoral twists that might take him to victory would also secure a GOP-controlled Congress, but one where many of the Republicans who sat there disapproved of their man in the White House. Many more would be profoundly worried by what Trumpgate could mean for their political future. The elections that followed Nixon’s disgrace were not kind to his party. Historical memories in America are short, but not that short.

Much of the electorate, including a good percentage of those who had voted, noses held tight, for Trump, would be watchful and on edge, the financial markets — already nervous about what Trumpenomics might mean — would be twitchy, the judiciary would be on its guard and business would be suspicious. The bureaucracy would be uncooperative and, often, outright hostile. America’s defence chiefs would fret about what Trump could mean for the country’s security, their apprehensions fuelled by the useful idiocy of Trump’s footsie with Putin, his undermining of Nato and those fabled tiny fingers coming too close to the nuclear button. As for the media, well, what do you think?

One prominent conservative journalist, no never-Trumper, told me that impeachment proceedings against a President Trump would be a matter not of if, but when. It wouldn’t altogether surprise me. And in that respect, not only Trump’s future conduct, but also his past could possibly make for difficulty. He has, after all, spent years making and losing money in construction and casinos, two businesses not known for their spotless reputation. And he still has to contend with litigation over Trump University, an institution that allegedly preyed on just the sort of regular folks he has pledged to defend. Then there’s the matter of what might be lurking in Trump’s still mysterious tax returns. Meanwhile, doing his bit for the cause, New York’s (Democratic) attorney general has announced an investigation into Trump’s charitable foundation. If there are any skeletons to be dragged out of Trump Cupboard, they will be.

On the other hand, there are legitimate questions about the extent to which the checks and balances (explicit and implicit) built into the American system would act as a brake on President Hillary Clinton, an authoritarian herself and dogged by questions about her integrity that stretch all the way back to her improbably successful cattle futures trading as first lady of Arkansas.

She’s an establishment figure and the establishment would be more inclined to give her the benefit of the doubt, not least out of gratitude that it had dodged the Trump fusillade. There’s also a decent chance that the Senate, if not the House, would be under Democratic control in the event of a Clinton win. What’s more, the behaviour of the civil service in recent years suggests it wouldn’t be too keen to push back against misbehaviour by a Democratic president. Writing in USA Today, University of Tennessee law professor and influential blogger Glenn (“Instapundit”) Reynolds argued that “Federal employees overwhelmingly vote for Democrats, donate to Democrats, and, by all appearances, cover for Democrats as a routine part of doing their job.” That’s not so much of an exaggeration as it should be.

As for scrutiny by the media, well, what do you think? Whining by the Washington Post, the paper of Watergate no less, that “the Hillary Clinton email story is out of control” signals what lies ahead.

As a reminder, that story revolves round Clinton’s decision, while Secretary of State, to use a private email server on official business. This was against the rules and had potentially (and quite possibly not just potentially: was the server hacked?) damaging security implications: The FBI grumbled about “extreme carelessness” in the “handling of very sensitive, highly classified information”, but found no criminal intent. Other Clinton critics asked whether she had arranged matters in this way because — this did not take a major imaginative leap — she had something to hide, questions not made any easier to answer by the fact that thousands of “private” emails had been erased. The affair, which has contributed — and continues to contribute — to Clinton’s perceived lack of trustworthiness with voters, rumbles on, but even the Justice Department’s eventual decision not to pursue criminal charges against her has come at a cost: it bolstered the impression that the Clintons are above the law, not a reputation to celebrate in an anti-establishment year.

Nevertheless, for all Clinton’s stumbles, both literal (we’ll come to that) and figurative, barring a major extraneous event (a massive terrorist attack, say, or some suitably embarrassing leaks via interestingly connected hackers) the best bet is, to repeat myself, that, despite some turbulence in the polls, she will be taking the oath of office in January. Trump’s core problem is that there simply are not enough white working-class voters (a group that amounted to some two-thirds of the electorate in 1980, but barely more than a third today), a problem reinforced by the fact that the rhetoric that wins them over to his side alienates their more upmarket counterparts. Mitt Romney won the support of 59 per cent of white voters in 2012, but he still lost the election. Continuing demographic change (whites are forecast to cast around 69 per cent of the votes this year) and Trump’s even greater unpopularity with minorities will mean that he would have to beat Romney’s 59 per cent by some margin to have any realistic chance of victory (on some estimates he would need to reach 65 per cent). That would involve scoring very well indeed with college-educated whites, but an early September poll showed that Clinton was beating Trump among such voters in 31 states.

This was, I suspect, the constituency at which Clinton was aiming when, in during a speech at a fundraiser in Manhattan in early September she divided Trump’s voters into two “baskets” of roughly equal sizes. The first “contained people who feel that government has let them down, the economy has let them down, nobody cares about them . . . They are just desperate for change . . . they don’t buy everything [Trump] says but he seems to hold out some hope that their lives will be different.” The second was a “basket of deplorables . . . Racist, sexist, homophobic, xenophobic, Islamaphobic, you name it.” They were, she said, “irredeemable”, an unsettling choice of adjective.

Clinton sometimes says what she believes and on this occasion that’s what she did, although in a later sorry-not-sorry comment she conceded that she had dumped too high a percentage of Trump supporters into the deplorables basket. But the message she wanted to deliver will have survived. Voting for Trump was the mark either of a loser or, worse still, of a racist/sexist/homophobe/xenophobe/Islamophobe. By contrast, ran the subtext, a vote for Hillary was proof of being none of those things, an attractive pitch to some suburbanites, not least because of the way it chimes with the misgivings that they already have about those who have jumped onto the Trump train. Clinton’s comment was widely seen as a gaffe — insulting voters is not normally seen as a good idea — and angered many, but it may play well with the decisive few at whom, I reckon, it was really directed.

It was widely assumed that, once Trump won the Republican nomination, he would — to use the fashionable term — pivot. He would, it was thought, reach out to centrists and minorities and, more generally, just make an effort to come across as rather more presidential, all shifts likely to appeal to those college-educated whites. Occasionally that’s what happened, even if some of those pivots have, in the words of Republican Senator Jeff Flake (who has, at the time of writing, refused to endorse Trump) been “360-degree pivots”: “He pivots and then pivots right back.”

Nevertheless, there have been signs of a more sophisticated and even conciliatory approach, especially since Trump’s appointment of Kellyanne Conway, a veteran pollster well-known in Republican circles, as his latest campaign manager. It could be seen in Trump’s nuanced and clever response to Clinton’s baskets. He picked up on its unmistakably authoritarian tone (“She divided people into baskets as though they were objects not human beings”) and the sneer that accompanied it (“You can’t lead this nation if you have such a low opinion for its citizens”), while deftly playing his class card (Hillary “mocks and demeans hard-working Americans” while living a “sequestered life behind gates and walls and guards”), a reflection of his ability to, so to speak, descend from his penthouse. Trump’s wealth is a badge of success, spent without pretension. It’s Clinton’s, a grandee of a governing class that disdains money while somehow managing to amass it, that is resented. Shortly after Clinton’s remarks, Trump announced a, by Republican standards, generous maternity leave plan. Populists of the Right know when to lean left, and when to appeal to women, a constituency that needs some convincing to vote for Trump.

Trump also made a well-received visit to Louisiana, hit by massive flooding and (strangely, given Hurricane Katrina) neglected by Clinton and, initially, President Obama. He flew to meet Mexico’s president and has appeared (it’s complicated) to refine his immigration agenda: more emphasis on enforcement and border security (complete with that wall), less talk of mass deportation of those already in the country, a notion that makes many Americans very uneasy. Trump also showed up in Detroit to visit his “brothers and sisters” in an African-American church, a gesture that will be unlikely to win him many black recruits (most polls show him scoring in the low single digits with black voters, although there have been some intriguing outliers), but may play well with whites understandably turned off by some of the rougher edges of Trump’s rhetoric and, for that matter, support.

Trump will score somewhat better among other minorities (it would be hard to do much worse), but dismal polling, as at the time of writing, among Latinos (19 per cent, according to an early-September poll: Romney managed 27 per cent at the last presidential election) hint at the immensity of the challenge that faces him, a challenge reinforced by the suspicion that prejudice against one is a prejudice against all. Shortly after Trump had — on essentially ethnic grounds — attacked the impartiality of a Mexican-American judge presiding over some of the Trump University litigation, a Chinese-American acquaintance, no leftist, told me that this was the last straw — another vote lost. One April poll found that 40 per cent of registered Asian-American voters would not vote for a candidate “with strongly anti-immigrant views” even if “they agreed with him or her on other issues”.

If this emphasis on ethnicity rather than policy as a basis for voting for one party or another sounds ominous, so it should. Over the last half-century, America has combined acceptance of mass immigration from all over the world with a rejection of its earlier assimilationist approach to new arrivals. The insistence on assimilation had worked very well. It has been replaced with a multiculturalism that works nowhere. The result is Balkanising the nation, changing unum into pluribus, a transformation that, if history is any judge, or the divisive identity politics of the country’s universities any foretaste, leads nowhere that America should want to go.

American attitudes to immigration are complex and conflicted and made more so by the way that, in often unacknowledged ways, they overlap with attitudes to race and, now, multi-culturalism. That said, when Trump looked at the challenge he faced in the primaries, he saw the opportunity presented by the failure of his Republican rivals, for the most part products of a lazily (or in Jeb Bush’s case, enthusiastically) immigration-friendly GOP establishment, to respond to the unease felt by many of their voters over this topic. In his own crude fashion, Trump then made immigration his issue, a brilliant — and calculated — move that took him to the head of the pack. The paradox, however, is that The Donald’s aggressive and often obnoxious stance on this question will buttress the Democrats’ gains from the demographic changes that mass immigration has brought in its wake. As a result, they will be even more determined to persevere with the immigration policies and identity politics that could, in the worst case, eventually culminate in some sort of Yugoslavia.

Turning to the more immediate future, Republicans will be (quietly) hoping that, without Obama at the top of the Democratic ticket, minority turnout will be down. It might, and that would be troubling for Clinton, but the Democrats and the media will hype the dangers of a Republican candidate, who can even now be relied upon to help the hype with suitably incendiary gaffes. His handlers can only do so much. As Trump could discover to his cost, casting a vote against can be almost as good a reason to show up at the polls as a vote for.

Then again, voting against crooked Hillary will be a pleasant task for many on the Right (and for quite a few, far easier than voting for Trump). But Clinton, who was first lady before some of today’s voters were born, has been on the political scene for a long time. Some of the fury she used to attract has subsided. Even the conspiracy theorists have seemed weary (how many murders was it, anyway?), at least until persistent rumours about her health began to gather pace, a worrying development for a candidate for a job on which so much rests on one pair of shoulders.

In early September the National Enquirer, a disreputable if enjoyable supermarket scandal-sheet and one of the few publications to have endorsed Trump, “revealed” that the 68-year-old Hillary, “frail” and “overweight” is “infected with a crippling killer virus, suffers from alcoholism, has been devastated by three strokes and is battling severe mental disorders”, as well as, possibly — Job in a trouser suit — multiple sclerosis and muscular dystrophy. Were that to be true, it would be testimony to Hillary’s resilience that she was so quickly back on her feet after her fainting episode (first blamed on the heat, then on pneumonia) at New York’s 9/11 memorial, the incident that took speculation about her health away from the checkout lane and into the headlines.

Her return to the campaign trail may have been speeded along by comments by former Ohio governor Ted Strickland (a Democrat now running for the Senate) just two days later. Clinton’s running-mate, Virginia senator Tim Kaine, was, noted Strickland, “a wonderfully prepared person to be . . . the president if that ever became necessary”. Strickland knows what many people know: Senator Kaine, a mainstream Democrat and a former governor of his state, would run better against Trump than Clinton does.

Making matters worse, Clinton’s perceived evasiveness over what was ailing her sharpened questions about her honesty. According to one poll roughly half of all voters believed that she had “given the public false information about her health”. To David Axelrod, a former senior Obama adviser, this was an own goal. “Antibiotics,” he tweeted “can take care of pneumonia. What’s the cure for an unhealthy penchant for privacy that repeatedly creates unnecessary problems?” Unnecessary? I wonder.  But voters’ familiarity with the Clinton style has bred complacency: The email mess has hurt Hillary, but it has not proved to be the cancer on her candidacy that it once might have been, and the genuinely disturbing murk that surrounds yet another source of controversy, the Clinton Foundation — a nest of actual and potential conflicts of interest with a stink of pay-to-play about it — has yet to seriously disturb an electorate too jaded to care overmuch.

It’s not all gloom for Trump — far from it. Traditional loyalties, a widening gulf between the parties, the belief that The Donald is the lesser of two evils, and the manner in which the election process has “normalised” the idea of a Trump candidacy have all led to a far larger proportion of Republican-leaning voters rallying behind their party’s nominee than once was thought possible (the same is not true of the divided right-wing commentariat). Even so, in a contest where Trump will need to haul in every voter who could conceivably be his, quite a few will make their excuses and leave.

Some will defect to Gary Johnson, the former Republican governor of New Mexico now running as the Libertarian candidate with another former Republican governor as his running mate. By repositioning the Libertarian party in an unaccustomed role as a “sane” (to use, as Johnson does, that infuriatingly smug term for centrist) alternative to Trump and Clinton, Johnson will take votes (in greater numbers probably than any third party for two decades) from both, perhaps more from Clinton than Trump, but it is unlikely to be so many as to make a difference, although his seeming appeal to young voters may be a sign that Hillary is not doing so well with this key Obama constituency as she should. On a more reassuring note for the Democrats, it doesn’t look as if Clinton need worry greatly about the threat to her left from Jill Stein’s Greens, a party in no hurry to re-label itself as sane.

Put everything together, add in the way that the maths of the electoral college favours the Democrats and then throw in her campaign’s superior organisation, and the odds, despite some wobbles, still favour Clinton, a candidate described by a possibly demob-happy Barack Obama as the “most qualified” candidate ever to run for the presidency — leaving, therefore, predecessors such as Thomas Jefferson (principal author of the Declaration of Independence, Governor of Virginia, ambassador to France and, ahem, Secretary of State) behind in the dust.

The defining achievement of Clinton’s time as First Lady — other than sticking with Bill and polarising the nation — was a failed healthcare reform. Despite courageous efforts to tackle the video game menace, she achieved very little in her eight years as senator, and her time as Secretary of State is remembered mainly for the unsuccessful “reset” with Russia and the slaughter of four Americans in Benghazi, including the US ambassador to Libya. She also, it’s noted on Wikipedia, “greatly expanded the State Department’s use of social media, including Facebook and Twitter”.

There is very little excitement over Clinton’s candidacy. At the end of August Trump was recording extraordinarily high (63 per cent) unfavourables in the polls, but so was Hillary (56 per cent). It took something to pick a candidate who could actually lose to Clinton, but that’s what the GOP’s primary voters did. That said, Trump’s core supporters seem more passionate, more involved, and more likely to vote. In a thought-provoking reprise of the Sanders campaign, he has been attracting impressive amounts of money from an impressive number of small donors, a phenomenon worth watching if it continues. The GOP’s voter registration drive has being going surprisingly well in some key states.

By contrast, efforts to whip up some enthusiasm over the prospect of the election to the presidency of a rich, entitled grande dame as a feminist milestone are falling, like her speeches, just a little bit flat. With her metallic voice and weirdly forced facial expressions, there is something robotic about Clinton. Trump’s wild talk is often alarming, but rarely dull. To watch Hillary is to be left with a vague sense that a mechanic will need to be called in.

To be fair, it’s not easy to generate a lot of excitement when running for what will inevitably be seen as the third term (always a political challenge) of a sitting administration, and, to a degree, of a past one — her husband’s — too. And that’s what she’s doing. Broadly speaking, a Hillary presidency will build on the status quo, with additional shifts to the left on regulation, tax, climate change bossiness, immigration and (albeit in a move likely to find considerable bipartisan support) trade: The Transatlantic Trade and Investment Partnership (TTIP) with the EU will, to steal a phrase from Obama, go “to the back of the queue”. After Trump and Sanders, the votes for a further extension of free trade are not there. On the other hand, she is likely to be more assertive than Obama — a low bar — internationally, and, unlike what Trump appears to have in mind, no dangerous games will be played with Nato.

Her freedom to act will be constrained if the Republicans manage to hang on to the Congress. At the time of writing, earlier fears that Trump would cost the GOP its majorities appear overdone. The Republicans seem well-placed to hang on to the House and they are still in with a chance of retaining the Senate. But however well or badly they do, the questions posed by the rise of Trump, a candidate who seems set to cost them a presidential election that they should have won, are not going away. Trump himself is a one-off, 70 years old, and, if some recent Senate primaries are any indication, not yet in a position to remake the GOP in his own image. But the changes to which his rise is a response, changes which are only going to accelerate, will have to be confronted by a party that has no clue how to do so.

Seen from 2020, 2016 may look pretty good.

Robot Envy

National Review, August 29, 2016

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Karl Marx would have welcomed the advent of our new robot overlords as a trigger for revolution, though one more upscale than he’d hoped for: A rising not of, or for, the working class, but by the well educated and ambitious, furious at being denied what they see as their fair share of the pie. The meek will never inherit the earth; clever people with a grudge just might.     

To understand why “robots” — sexy, sinister shorthand for the increasing automation of work — might drive them to try, “elite overproduction” (a phrase coined by the University of Connecticut’s Peter Turchin) is an excellent place to start. To put it more crudely than Professor Turchin ever would, this occurs when members of the elite (or those with the talents to join it) become too numerous for society to accommodate their aspirations.

Turchin can stretch this concept too far, but he’s correct that it can be a useful indicator of trouble to come. Thus, as he noted in 2012, the Arab Spring was preceded by “a remarkable expansion of the numbers of university-educated youths without job prospects” — in other words, by elite overproduction.

According to Turchin, elite overproduction can cause such fierce competition within the elite that the old order risks being pulled apart. Perhaps that’s so, but there may be a simpler way to look at this. Oppressed masses generally stay oppressed. They may smolder, but it takes the bright to spark a revolution. And if the bright feel they are missing out, that’s what they will be tempted to do.

After the Arab Spring, Occupy: Many of its activists were young and university-educated (“elite aspirants,” in Turchin’s terminology) and enraged by the shambles that (as they saw it) greedy bankers had created, a shambles that threatened their chances of a comfortable future — not that they would have put it quite so selfishly. Even the name “Occupy” evoked a struggle for territory, a struggle that took physical form in places such as Manhattan’s Zuccotti Park, but the tent cities downtown were little more than metaphor. The Occupiers’ ambitions went beyond a scrap of real estate: They wanted to take over the political and economic space allegedly held by the “1 percent” they demonized so effectively. Stripped of the revolutionary rhetoric, this was a contest to define the next elite, a contest intended to move from the streets to the legislature — an option, of course, available in America’s democracy but elusive in Egypt.

Occupy’s demonstrations soon faded, but the ideas they represented live on, their persistence testimony to deeper fears about what lies ahead. The suspicion that the American economy is faltering — stagnant incomes, growing structural unemployment, and all the rest — is not new, but up to now those on the way up, or those who were already doing well, have reassured themselves that blue-collar woe was nothing to do with them. Joe Lunchbucket — that slowpoke — just hadn’t kept up. But that complacency is fading, and with reason. To be sure, the college-educated have an edge in the workplace, and that advantage has grown; but, as a benchmark, high school these days is a low bar. Over a third of 25- to 32-year-olds in 2013 had a bachelor’s degree (or above), up from one-eighth in 1965.

A degree is still a route to higher earnings, but it’s not a guarantee. The labor market is not Lake Wobegon: If a third of new entrants to the work force are university graduates, they won’t all be above average, especially those who attended one of academe’s less leafy groves. Their degrees will be the equivalent of the high-school diplomas of half a century ago, a ticket to the ballpark, not the VIP suite. For many graduates, gently shepherded through often undemanding schoolwork and gently burdened with a monstrous debt, dreams will turn into nightmares. There will be no place for them in the track to success. Their expectations were unrealistic, but their disappointment will be real. If their teachers haven’t already radicalized them, life may do the trick.

They will probably find work, but very possibly not of the type they were hoping for. The New York Fed concluded that in 2012 nearly half of all recent graduates were in jobs for which they were, in theory, overqualified. The lingering aftermath of the Great Recession hasn’t helped, but underemployment among recent graduates, the cohort that first Occupied and then felt the Bern, has been on a rising trend since 2000. The New York Fed recounted how “during the first decade of the 2000s, many college graduates were forced to move down the occupational hierarchy to take jobs typically performed by lower-skilled workers.”

Rubbing salt into Millennial wounds, there’s more “under” nowadays in underemployment. The New York Fed divided “non-college” jobs into “good” (“career-oriented, relatively skilled, and fairly well compensated”) and “low-wage.” The share of those stuck in the latter, such as the college-educated barista of contemporary cliché, has risen. Put this all together and it looks a lot like elite overproduction, and the “gig economy,” a hipster euphemism for part-time piece-work, won’t fill the gap.

It’s not clear what will. The information-technology revolution, once seen as a cornucopia of new, well-paid employment, rolls on, and, as revolutions do, it is eating its own. For instance, many IT jobs have disappeared into the Cloud. In his terrifying Rise of the Robots (2015), Martin Ford tells how, thanks to Facebook’s Cyborg software, “a single technician [can] manage as many as 20,000 computers.” Ford points to a 2013 analysis by the Economic Policy Institute that showed that “the number of new graduates with engineering and computer science degrees exceeds the number of graduates who actually find jobs in these fields by 50 percent.” If education — that perpetual panacea — is no longer the answer, what is?

In Player Piano (1952), Kurt Vonnegut depicts an America in which most jobs have been automated away. The country is split between a large underclass and an elite made up of “managers and engineers and civil servants and a few professional people.” In one passage, a member of the elite explains “how the First Industrial Revolution devalued muscle work, then the second one devalued routine mental work.” He is asked whether there will be a third. He replies that it’s under way and that it involves “thinking machines . . . machines that devaluate human thinking . . . the real brainwork.” He doesn’t, he adds, want to be around to see where it will lead. He would not like the looks of 2016.

By replacing brain as well as brawn, technology is encroaching into ever more elevated areas of employment, menacing those who have good jobs as well as those who are merely searching for them. Real brainwork will be industrialized, subdivided into discrete parts that can be either performed more efficiently or, with the help of algorithms, automated altogether. For example, ask securities traders what this has meant for them. Despite the strong recovery in financial markets since the late unpleasantness, Wall Street employs fewer people than it did in 2007, and many of the jobs that remain are at risk. At its core, the business of finance is about the organization, manipulation, and exploitation of data, and that’s what software is for. As those algorithms increase in sophistication, they will substitute not only intelligence but judgment, vetting customers, spotting opportunities, managing portfolios. Wall Street culls used to be focused mainly on clerical staff; now the “front office” is sharing in much more of the pain.

Lawyers are facing a similar fate. Search engines have long since simplified the trudge through case law. Now other technologies are coming into play, ranging from the use of predictive coding to speed up the pre-discovery process by determining the relevance (or otherwise) of a particular document to the preparation of basic documentation to (soon) advising on the winnability of simple lawsuits. Unemployment among law-school graduates is bad enough as it is. Either it will get worse or the Paper Chase will have far fewer participants: Another gateway to the elite narrows.

And doctors shouldn’t feel smug. Ever more sophisticated data-sorting technology is already leading to more accurate diagnoses, and if it is not yet suggesting more effective treatments, it soon will be. Thus IBM’s Watson, a “cognitive system” that has long since moved on from its Jeopardy! triumph, has now branched out into areas that include medicine. IBM Watson Health, a smarter-than-Sherlock Doctor Watson, is, claims IBM, “pioneering a new partnership between humanity and technology with the goal of transforming global health.” Initially, such advances will deliver no more than an electronic — and unusually erudite — second opinion, but ultimately? And in the meantime, increasing reliance on technology will see a gradual de-skilling of a profession that has long ranked high in the social scale. A decline in pay will not be far behind.

If medicine, finance, and law, three great pillars of the modern elite, are coming under siege from the machines, it’s not unreasonable to ask how much room is going to be left at the top. An additional twist of the knife comes from communications technology. Not only will brainwork be industrialized, but much of it could easily be “exported” to telecommuters based in, say, China and India. Even the possibility that this might happen will drag the wages of the formerly valuable still farther down.

It’s no secret that inequality has widened throughout much of the West (and that automation has contributed to this). What’s less well known is how that inequality is sharpening at the top. In The Second Machine Age (2014), Erik Brynjolfsson and Andrew McAfee cite research showing that the top 5 percent took 80 percent of the increase in America’s wealth between 1983 and 2009, but the top 1 percent took “over half of that, and so on for ever-finer subdivisions of the wealth distribution.” The middle classes are trailing the upper middle classes, the upper middle classes are falling farther behind the rich, and the rich are lagging the very rich, a process that is likely to accelerate. This is more than a matter of technology eliminating or downgrading previously lucrative work. Technology also broadens access to the skills of the most talented. Their rewards rise. But it reduces demand for the services of the runners-up, the able but not quite able enough. Their rewards fall. TurboTax, for example, has enriched its creators, but has been rather less than splendid news for your local CPA.

Of course, new technology frequently requires significant capital investment. Much of the wealth it generates will go to those who can provide the cash. “For whosoever hath, to him shall be given,” as someone once said. And for “whosoever hath not, from him shall be taken away even that he hath.” The winner’s circle will shrink, leaving growing numbers of the talented stranded outside.

If the alarm bells are ringing, they are, so far, being heard by comparatively few. A 2015 survey by the Pew Research Center revealed that “65% of Americans expect that within 50 years robots and computers will ‘definitely’ or ‘probably’ do much of the work currently done by humans,” but “an even larger share (80%) expect that their own jobs or professions will remain largely unchanged.” Younger (18- to 29-year-old) Americans — iCocooned perhaps — are even more optimistic despite their deteriorating employment outlook, as are the better paid, and those working in the “government, education and nonprofit sectors.” They are all in for a nasty surprise, and in rather less than 50 years.

When Americans do finally grasp what automation is doing to their prospects, rage against the machines (or, more specifically, their consequences) will blend with existing discontent to form a highly inflammable mix. This broader economic unease is already spreading beyond left-behinds and Millennials, but when we reach the point where even those who are still doing well see robots sending proletarianization their way, there’s a decent chance that something akin to “middle-class panic” (a phenomenon identified by sociologist Theodor Geiger in, ominously, 1930s Germany) will ensue. Many of the best and brightest will face a stark loss of economic and social status, a blow that will sting far more than the humdrum hopelessness that many at the bottom of the pile have, sadly, long learned to accept. They will resist while they still have the clout to do so, and the media, filled with intelligent people who have already found themselves on the wrong side of technology, will have their back.

The endangered upper-middles will not only be talking to themselves. Tough times, and an acute awareness of how well those at the top are making out, have left the battered American working class open to a more radical rearrangement of the status quo. Technology is not solely to blame for what’s happening — far from it — but its capacity to disrupt the workplace is set to increase at an exponential rate. One Oxford study predicts that “about 47 percent of total U.S. employment is at risk” from technological change within the next couple of decades, an estimate that is less of an outlier than might be hoped. Both number and timetable have been challenged, but they give a clue about what may be at stake — and how soon. The implications aren’t pretty. Trump and Sanders may prove to be no more than rats in the coal mine.

Every revolution, whether at the polling station or on the street, needs foot soldiers drawn from the poor and the “left behind.” Still, it’s the leadership that counts. Add the impact of automation to the effects of existing elite overproduction and the result will be that the upheaval to come will be steered by a very large “officer class” — angry, effective, efficient, a “counter-elite” (to borrow another term from Turchin) looking to transform the social order of which, under happier circumstances, it would have been a mainstay.

Some people argue (correctly) that humanity has been able to weather earlier episodes of technological transformation and will do so again. But they need to rebut the argument that this metamorphosis — the replacement of “brain” — really is, as none other than Charles Murray has insisted, different. Past is not always prologue: Google, that colossus of our time, now employs more than 60,000 people worldwide, still considerably fewer than the 80,000 who worked for General Motors in or around Flint, Mich., alone, in the mid 1950s. Needless to say, Google now is not strictly comparable with Flint then (a techie is more than an updated assembly-line worker), but putting those two numbers side by side acts as a poignant reminder that today’s new technology-intensive businesses do not generate jobs in the numbers that the old manufacturers used to do.

It’s also worth adding that past technological transformations sometimes led to more lasting collateral damage than we now remember. We comfort ourselves with the knowledge that the Luddites were proved wrong, but we forget that proof of that was quite a while in coming. Economic historian Robert C. Allen refers to the decades that it took for real wages to rise in Britain after the technological changes of the early 19th century as “Engels’ Pause.” That’s the same Engels who argued in The Condition of the Working Class in England (1845) that the industrial revolution had made workers worse off. Over the long term, things changed for the better, but what happened in the interim should concern those worried about the political consequences of this latest technological revolution. These were the years not just of the Luddites, but also of the Peterloo Massacre, the Swing Riots, the Tolpuddle Martyrs, and the 1842 General Strike. By the time of the Chartists, a mass movement of the working class, an explicitly political agenda had evolved alongside struggles over pay. Engels took things even further. In 1848 he co-wrote The Communist Manifesto with Karl Marx, not an encouraging thought. The robots might one day deliver almost unlimited bounty, but the road to the Star Trek economy could be very rocky indeed.

We are on a conveyor belt to what Marx described as a “plastic moment,” when old assumptions crumble and everything is up for grabs. There will be no red flag over the White House, but, writes Martin Ford, “we are ultimately headed for a disruption that will demand a far more dramatic policy response.”

That “policy response,” shaped by the demands of that “surplus” elite, will be focused on a largely fruitless (but for a few, fruitful) “war against inequality” centered on a drastic redistributive effort. Taxes will rise steeply, on capital gains as well as income, and, given time, on the mere ownership of capital: We can expect a wealth tax on the living, a foretaste of death taxes to come.

Spending will doubtless soar, on infrastructure (occasionally even sensibly) and on retraining schemes for jobs that will never be. Health care will grow ever closer to single-payer. For the upper middle class squeezed by automation, reinvented as Robin Hoods on the make, all this will combine power play (the opportunity to redistribute away the gains of their more successful competitors) with marvelous career opportunities (someone has to operate the machinery of redistribution) and, of course, claims to the moral high ground.

In all probability, the politics of redistribution will also include ever noisier calls for a universal basic income (UBI), a guaranteed payment from the state to everyone. Finland will start testing a variant of this next year, although the reliably cautious Swiss recently rejected a version of UBI in a referendum in which the effect of technology on employment played a notable role in the debate. To be fair, UBI (with careful caveats) has its supporters on the right, from Friedrich Hayek to Charles Murray, with the latter citing the rise of the robots as part of his justification: “A UBI will be an essential part of the transition to [an] unprecedented world.”

Whatever the arguments in its favor, there’s an obvious danger that a UBI could shatter what’s left of the American ideal of self-help while handing immense and unhealthy power to a state on which too many will depend for too much. Who will fix the level at which the UBI is set? Who will decide who is to pay for it? Viewed from the right, the UBI may be nothing better than the price to be paid to maintain the peace, the lesser of two upheavals. Not every revolution needs blood in the streets.

At the same time, conservatives have to face the possibility that technology will build a world in which wealth will be ever more concentrated, most of the most talented will be cast aside, and unemployment lines will lengthen relentlessly, a dark trifecta that could trash social cohesion and take democracy down with it. Hoping for the best is not the way to head off catastrophe, nor is “standing athwart history.” As to what is, I simply don’t know.



The End of the Beginning

The Weekly Standard, July 22, 2016

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It was the mayhem that made Theresa May. Britain’s unexpected vote to leave the EU crushed financial markets and plunged some Remainers into angry, unhinged, and tellingly snobbish mourning: It was, one author explained, "the revenge of the Brownshirts, a dictatorship of the illiterate and the opportunistic." The political class went into shock. Prime Minister David Cameron decided to quit, as, confusingly, did the leader of the Euroskeptic United Kingdom Independence Party (UKIP). The Labour party resumed its civil war, and the Tory contest to succeed David Cameron veered wildly off course, culminating in the defeat of a lightweight Leaver by May, Cameron's long-serving home secretary. May was a Remainer but widely credited with the safe pair of hands a nervous nation craved.

Dour and quiet, a gradualist, Theresa May shouldn't be underestimated. An effective bureaucratic in-fighter, she celebrated her appointment as prime minister with the most brutal ministerial reshuffle in recent British political history. Scores were settled, and not without—Britain being Britain—a hint of class warfare. Most important, May signaled this was her government, not Cameron 2.0.

She won't be Maggie 2.0 either. Mrs. Thatcher was more pragmatic than the legend goes, but at her core she was a classical liberal wrapped in patriotic, traditionalist guise. May's views are hard to pin down, but they are possibly rather closer to continental Christian Democracy. Her response to enthusiasm for Brexit amongst Britain's blue-collar "left behinds" included talk of an "industrial strategy," hardly the language of laissez-faire.

More generally, May is less fussed with the sovereign individual or, for that matter, the sovereign nation. She struck a blow against both when she corralled the U.K. into the EU's notorious arrest warrant regime. But she's no Eurofundamentalist: Her (understated) role in the Remain campaign owed more to political calculation and risk aversion than any embrace of the European ideal.

If May resembles any prominent female leader in method, ideology, and personality, it's Angela Merkel, another undemonstrative and authoritarian clergyman's daughter with no great fondness for boys' club politics. That might help Britain cut a decent deal with the EU, the decent deal on which the success of the May premiership will depend, the decent deal that has yet to be defined.

A Remainer needing to reassure Leavers, May has promised that "Brexit means Brexit," whatever that means. Forced into the referendum's crude binary, Britons chose to quit the EU, nothing more, nothing less. Their vote said nothing about how. The best way out, if it's available (and in the end, it probably would be), is some variant of the much-misunderstood status known as the "Norway option." This would allow continued participation in the EU's "single market," via membership (like that enjoyed by Norway) in the European Free Trade Association. As a reminder, the EU takes over 40 percent of the U.K.'s exports in goods and services, including those of Britain's vital financial sector.

Such access would come at a price, including, critically, the U.K.'s commitment to the EU's rules on free movement of people within the European Economic Area (EEA), the territory in which the single market applies. That's a highly sensitive topic, given the degree to which alarm over immigration boosted the Brexit cause. The Norway option does, however, provide for an "emergency brake" on inflows of people from elsewhere in the EEA, which might, properly sold and properly applied, soothe voter concern.

It's a solution, polling suggests, that would win the support of a plurality of Brits, if not most Brexiteers. It would play well in restless Scotland (where 62 percent voted to stick with the EU). As a package deal, "Norway" is reasonably straightforward and, crucially, can be implemented relatively quickly, minimizing any Brexit-related hit to investment in the U.K. It could be either a final destination or a convenient way-station along the route to a more definitive break with the EU.

But when May's team talks about winning access to the single market, it does so in a way implying a tougher line on immigration. That will be a difficult deal to secure. To be sure, mutual self-interest argues for a compromise (the U.K. is a large market for the EU), but, as the Swiss (who have their own separate arrangement with the EU) are learning, the EU is reluctant to give ground on free movement, a principle central to its sense of itself. There are also fears that too gentle a divorce might tempt other less enthusiastic EU member-states to follow Britannia's lead.

There are other alternatives, such as a bespoke "customs union" with the EU, and one better surely than Turkey's, if still far short of the single market. David Davis, May's Brexit minister, seems remarkably sanguine. He has even argued that "in the improbable event of the EU taking a dog in the manger attitude" to British access to the single market, he could live with a "hard Brexit"—trade with the EU under World Trade Organization rules. I'll spare you the technicalities, but let's just say that those rules are less favorable for exporters than usually understood. Even then, it will not be as easy for Britain, which currently dwells in the WTO under the EU umbrella, to take advantage of WTO rules as many Brexiteers believe.

It's true that, once out of the EU, Britain will be able to conclude its own trade deals with the rest of the world, but such agreements typically take years to finalize. And the U.K. has to quit the EU before it can sign (or, strictly speaking, even talk about signing) anything. So far it hasn't even initiated the exit procedure. That involves giving notice under Article 50 of the EU treaty. The U.K. and EU will then have two years to agree on the technical details of their separation. If it intends to avoid the hardest of hard Brexits, Britain will also have to agree on its new trading arrangements with the EU at the same time, a tall order, and one not provided for in Article 50—something else that points to Norway, at least as an interim measure.

Keen to end the uncertainty and, doubtless, to exploit the edge that a fixed timetable brings, the EU wants to start the clock. It won't agree to formal discussions beforehand . Britain, however, insists that it has to decide what it wants from Brexit first. This stalemate could quickly turn nasty. Nevertheless, London won't trigger Article 50 before 2017. Elections in France and Germany that year won't make matters any easier.

No one really knows what comes next, but May's team has begun to take soundings abroad and, I assume, is calling in the experts (to the extent that they exist) at home. The need for the former is obvious; the need for the latter is pressing. The Cameron government blocked the civil service from considering any serious contingency plans for Brexit, and, with some notable exceptions in think-tank land and, yes, the blogosphere, most leading Brexiteers, including Davis, have been just about as cavalier. There is no plan. To pull a Melania on Otto von Bismarck, putting one together will be a matter of "the art of the possible .  .  . the art of the next best." Discovering the possible may be a rude awakening for some Brexiteers. The "next best" might even turn out to be located somewhere near Oslo, particularly if there are signs of sustained economic weakness.

The domestic politics of Brexit should be easier to navigate for now, despite May's narrow parliamentary majority. The next general election is not due until 2020. Helpfully for May, Labour is still preoccupied with a probably doomed attempt to unseat its leader, Jeremy Corbyn, a man almost certainly too left-wing and too strange to make it to 10 Downing Street. Meanwhile, with Brexit underway, the Conservatives need fret less about UKIP, their bugbear of the last decade: Busily reinventing itself as the party of the "left behinds," UKIP is increasingly focusing on Labour.

Wisely, May is courting the independence-minded Scots, though it's far from a given that Brexit means Scexit. To start with, Spain (worried about secessionist Catalonia) will block Edinburgh's path to Brussels. And even if it didn't, the EU would be a less attractive safe haven for mutinous Scots than is often imagined, involving as it would the prospect of austerity (low oil prices haven't helped Scotland's shaky finances), the euro, and tariff barriers with the rest of the U.K. But Scotland is not the only place where the U.K.'s Celtic fringe may be fraying. In Northern Ireland, somewhere that no British prime minister can comfortably ignore, nearly 56 percent voted for Remain.

British voters rejected Brussels for any number of reasons but, above all, they wanted their country back. The difficulties (many more than I have mentioned) associated with Brexit are the result of over 40 years of entanglement in an "ever closer union," an entanglement that was only going to get worse. They are confirmation that Britain is leaving not a moment too soon. But that will be cold comfort if the consequences drag the economy down for any length of time. If the mechanics of exit are mishandled, they will. Britons have voted for Brexit, but the intricate, painful, and dangerous job of carrying out their wishes has barely begun.


Cross-Purposes: The Long Road to Brexit

National Review Online, June 28, 2016

The Red Lion, Whitehall, London, March 2016 ©  Andrew Stuttaford

The Red Lion, Whitehall, London, March 2016 ©  Andrew Stuttaford

Last week, Britons voted themselves out of the European Union, but the seeds of Brexit were planted decades ago.

Nothing,” wrote the Duke of Wellington, “except a battle lost can be half so melancholy as a battle won.” The vote for Brexit was a necessary victory. And that it was necessary is a tragedy.

Its origins lay in the fact that many Britons never fully grasped the nature of the European project into which they had been enrolled. They saw it as a trading bloc with extra benefits (and, yes, some annoying costs and meddling regulation). It was a misunderstanding encouraged by those who took the United Kingdom into the “Common Market,” a misunderstanding that left a legacy that bedeviled Britain’s domestic politics and soured the country’s relationship with its European partners.   

The entities that evolved into the European Union were inspired by two world wars within a single generation, and they were about a great deal more than trade. Their most important founding fathers (men like Jean Monnet) believed that the nation-state could not be trusted to keep the peace. What was needed was a post-national federation, not exactly the superstate of sometimes fevered euroskeptic imaginations, but something softer, subtler, and, arguably, more insidious. People liked the nation-states they already had; the post-national would have to be built by the post-democratic. As Monnet anticipated, this was a process that would have to be patient, and, often, oblique (“by zig and by zag”), and that’s how it’s turned out. Piece by piece, swaths of domestic policy-making have been transferred to “Brussels,” safely beyond national democratic control.

Monnet recognized that voters in the six founding members (France, West Germany, Holland, Luxemburg, Belgium, and Italy) of what eventually became the EU, countries that had known military defeat and occupation, would be reluctant to jettison their nation-states. What then would be the case with Great Britain, a kingdom comfortable, even too comfortable, with its past?

Well, according to one poll, the most important reason given by 49 percent of those who voted last week to quit the EU was that “decisions about the UK should be taken in the UK.” That thinking shades, I suspect, into the second-most popular (33 percent) first choice (leaving “offered the best chance for the UK to regain control over immigration and its own borders”) and the third (13 percent): Sticking with Brussels would mean being left with no choice “about how the EU expanded its membership or its powers.” The top reasons why Remainers wanted to stay in the EU were primarily economic. Only 9 percent cited “a strong attachment to the EU and its shared history, culture and traditions.” After more than 40 years in the Brussels club, national still trumped post-national.

Some of those who led the U.K. into what were then the European Communities in 1973 understood their true nature. Others convinced themselves that talk of “ever closer union” was grandiloquent continental verbiage, nothing more. The refusal of the English, wrote George Orwell, “to take foreigners seriously, is a folly that has to be paid for very heavily from time to time.”  

Despite the best efforts of more erudite opponents of membership, the debate over whether Britain should join and (after the question was put in a 1975 referendum) then stay in the “Common Market” largely revolved, as that misnomer suggests, around trade and the economy, leaving far too much that needed saying unsaid, an omission with consequences. In the 2013 speech in which he agreed to hold his fateful referendum, David Cameron noted how many Britons were asking “why can’t we just have what we voted to join — a common market?” The problem, of course, was that they had, in reality, voted for something that was very much more than that. Forty years later, the memory of what they thought they had voted for still haunted Britain’s political landscape.

People felt, claimed Cameron, “that the EU is heading in a direction that they never signed up to.” It would have been fair to add (although he didn’t) that British politicians had done their bit to set — or at least go along with — that course. For example, Margaret Thatcher helped push the union toward a greater acceptance of economic liberalism. This led to the EU’s Single Market, a major achievement, but it came with a catch, the Single European Act, a new EU treaty that diluted the veto power of individual member states. Mrs. Thatcher believed that the sacrifice of another slice of sovereignty was worth it. Yet again, economic promise trumped political price. The pace of integration duly picked up: No need to zig or to zag on this occasion.

By the time of her famous speech in Bruges in 1988, the lady was beginning to turn. Brussels was using its expanded powers to pursue an interventionist (and integrationist) agenda that Thatcher did not appreciate. Even so, to reread that speech is to notice that, like so many of her countrymen, she still didn’t get it: “The [European] Community,” she said, was not “an institutional device to be constantly modified according to the dictates of some abstract intellectual concept.” On the contrary, it was, and it always had been — and there was nothing “abstract” about the “intellectual concept” that underpinned it. “Ever closer union” meant what it said.

The Bruges speech (essentially) set in motion the conflict that toppled first Thatcher and, indirectly, her successor, John Major. Trivialized by the media and opposition as an internal squabble, the “Tory Wars” were the result of a serious attempt by some Conservatives to come to grips with where the European project was going. They were at their bloodiest in the aftermath of Major’s signature of the Maastricht Treaty in 1992. Maastricht turned the European Communities into the European Union and paved the way for the introduction of a single currency. Major negotiated an exemption from any obligation on Britain to sign up for what would become the euro, at least. But he didn’t use his veto power to try to force through a deal that might have carved out a niche for the U.K. that was more realistically aligned to the aspirations of its people. It was a missed opportunity.

Instead the ratchet of ever closer union had turned again — and a Tory government had helped out. Frustrated by all this, a small euroskeptic group reinvented itself as the United Kingdom Independence Party. One of UKIP’s founders was a Thatcherite commodities’ broker named Farage. Few noticed and fewer cared.

Making matters more difficult for Major, a modernizing Labour party had embraced the EU both as handy post-democratic bulwark against Tory reform and as a branding device: New Labour not Old, united (unlike certain parties) and forward-looking (unlike certain parties). But what Labour had not done — at least to any significant degree — was buy into the integrationist dream. Its interest in the EU was as a cudgel to batter the Tories.

To be sure, Tony Blair was a genuine europhile (he would have taken Britain into the single currency if he could), so it’s perversely appropriate that he accidentally prepared the ground for Brexit, starting with the decision to give the right to work to migrants from the bloc of formerly Communist countries that joined the EU in 2004. Most EU member-states insisted on a transition period. Blair’s Britain did not. The initial estimate was that there would be a net 5–13,000 new arrivals a year. That’s not how it worked out. The cumulative net total is (conservatively) thought to have exceeded 400,000 people between 2004 and 2012, just part of a huge influx of immigrants from elsewhere in the EU and beyond. This played poorly with the U.K.’s working class, and Brussels took the rap. That was partly (I suspect) because — in an era of political correctness — Brits were wary about criticizing immigration from further afield, and partly because the EU’s freedom-of-movement rules meant that EU migrants could only infrequently be turned away. Their numbers were not only large, but, effectively, uncontrollable.

#share#Immigration was the topic that transformed UKIP from (more or a less) a single-issue euroskeptic party to a far more potent force and propelled it into Labour’s old heartlands, territory where it had hitherto rarely been seen. German chancellor Angela Merkel only fueled the fire, whether bungling the migrant crisis last autumn or refusing to cut Cameron some slack on the EU’s immigration rules during his disastrous “renegotiation” earlier this year. The chickens came home to roost on Thursday: Seventy percent of Britain’s skilled working class supported Brexit.

And it was Merkel who pushed through the Lisbon Treaty as a substitute for the EU constitution that had been rejected by referendums in France and Holland, a brutal reminder that the cause of European integration trumped democracy. Britons had also been promised a referendum on that constitution, but the constitution had been killed off before they could vote. When it was (for all practical purposes) revived in the form of the Lisbon Treaty, Blair’s referendum promise was not. To repeat the message: Ever closer union meant ever less democracy. Walking away from a referendum was also a wasted opportunity: It would have been a relatively (compared with what was to come) low-stakes chance for the U.K. (which could have vetoed the treaty) to consider what it wanted from the EU. Oh well. Blair’s successor, Gordon Brown, signed the treaty, seemingly unconcerned that it reduced Britain’s shrinking ability to block additional integration, a fact that forced more euroskeptics into the “out” camp.

Meanwhile, opposition leader David Cameron had reined in Tory grumbling about the EU. A modernized party had to stop “banging on about Europe,” he said. Divided parties lose. Voters were bored with the issue. Euroskepticism gave a bad impression: It was retrograde, nostalgia tainted with poison. To be sure there was UKIP, but they were “a bunch of fruitcakes, loonies and closet racists, mostly,” Cameron said — cranks who were not to be taken seriously. As a political tactic, Cameron’s approach made some sense, at least in the short-term (he became prime minister in 2010), but it alienated euroskeptics still further. And there were more of them than in the past, their number boosted by the crisis in the euro zone, a crisis accompanied by the insistence that the only solution was more Europe, not less. It was a demand made all the more alarming by the British eurofundamentalists who claimed that there could still come a time when the U.K. might adopt the single currency. Britain had its safeguards against that, but would they survive the election of a europhile government?

In 2012 Jacques Delors, one of the European Union’s most distinguished senior statesmen, appeared to accept that Britain and its partners would never agree on what the EU should be. He floated the suggestion that “if the British cannot support the trend towards more integration in Europe, we can nevertheless remain friends, but on a different basis.” He could imagine, he said, “a form such as a European economic area or a free-trade agreement,” and as Conservative MEP Dan Hannan recalled last week, it was not the only such deal being touted. Finally, Brussels was signaling its willingness to try to solve its “British problem” in a constructive and innovative way.

Cameron should have jumped at the opportunity — a get-out-of-jail-free card if ever there was one — but this surprisingly unimaginative politician still believed he could play the game by the old rules, throwing a few scraps to the euroskeptic rabble at home, while continuing with business as usual in Brussels. He even neglected the chance to wring a few concessions out of Britain’s EU partners in exchange for agreeing to a change in the Lisbon Treaty prompted by the euro-zone crisis.

He was wrong to be so complacent. Euroskeptic attitudes were hardening in Britain and with UKIP on the rise, euroskeptics had somewhere to turn. Indeed, it was to head off the UKIP threat to the Tory vote that Cameron committed to the referendum he had never wanted — a referendum he could quite possibly have junked in the event of a renewed coalition government with the eurofundamentalist Liberal Democrats after the 2015 election. But remarkably, the Conservatives won an outright majority. The referendum couldn’t be dodged.

\Then Cameron blew his last best chance. The threat of a pending in/out referendum ought to have given him the leverage to cut a better EU deal for Britain. After all, he presided over the union’s second-largest economy and the U.K. made the third-largest contribution to the EU budget. But his much-vaunted “renegotiation” failed to secure any significant changes. Perhaps, thinking like almost everyone else (including me) that the Brexiteers had no chance of winning, Cameron didn’t press the EU hard enough. Perhaps the EU’s leadership, confident that they too had little to risk, felt that they could get away with tossing no more than a few crumbs London’s way. Or, perhaps, realizing that the Brits would always stand in the way of ever closer union, they no longer cared.

Whatever the reason, Cameron was left with a renegotiation that proved the EU would concede no more to Britain. The rest is history.

Turning Trump

Prospect, May 23, 2016

New York City, June 2016 © Andrew Stuttaford

New York City, June 2016 © Andrew Stuttaford

In July last year, former Texas governor Rick Perry, then running for the Republican presidential nomination, took aim at Donald Trump, then—as now—amazing just about everyone (full disclosure: including me) by how well he was doing.

Trump, warned Perry, offered “a barking carnival act…a toxic mix of demagoguery, mean-spiritedness and nonsense that will lead the Republican Party to perdition if pursued.” Trump’s candidacy was, he added, a “cancer on conservatism.”

That was then. Last week Perry said that he would be prepared to serve as vice-tumour. If Trump needed somebody with his experience then Perry would not say, “Aw shucks sir, I’m gonna go fishing.” No sir, he would do his duty by his country.

Leading figures in the Republican Party are coming round to the political reality that Trump’s success represents. For some that’s a matter of personal ambition (absolute power may corrupt absolutely, but the whiff of power does a pretty good job too). For others it’s the product of hard-eyed, if bleak, calculation. They are unlikely—despite recent polling suggesting a swing in Trump’s direction—to think that the Donald can win the presidency (or to agree with what he stands for), but they may well have concluded that losing as a relatively united party would be less harmful than any of the alternatives.

Ordinary Republican voters are finding it easier to rally behind Trump. Those who, just a month or two ago, were telling pollsters they would not vote for him in November are falling into line. And fewer are holding their noses as they do so. In April, Wall Street Journal/NBC News polling showed that around 40 per cent of GOP voters regarded Trump negatively. That’s now dropped to 25 per cent. Politics are tribal. With the primary fight over, most will unite behind their leader despite earlier misgivings.

It helps that Hillary Clinton, the presumed chieftain of the other tribe, has been a bogeywoman to the Right for decades (and she’s not too popular with anyone else: her unfavourables—astoundingly high for a candidate in her position—are only exceeded, if by a narrowing margin, by Trump’s). It helps too that Clinton’s standing with the wider electorate is being hurt by the brawl with Bernie Sanders. In some recent polls, Trump has pulled ahead of Clinton. I doubt that lead will endure once the Democrats reunite, but to the degree that it does, it will induce even more Republicans into the Trump camp. After all, if he has a chance….

There’s something else. Trump’s mood music (it would be an exaggeration to describe his programme as much more than that) sounds sweeter to many Republicans than their leadership might like. Tough on immigration: Check. Tough on trade: Check. Rejecting Bush-style interventionism abroad: Check. Preserving Medicare (health care for the over-65s) and Social Security (pensions): Check. Trump’s voters may revere Reagan the man, but they are unconvinced by Reagan the mantra. Trump achieved lift-off with the help of a white working class that believes, not without reason, that it has been “left behind” (the parallels with today’s UKIP are obvious), struggling to prosper in a rapidly transforming America in which it no longer feels at home. It has had quite enough creative destruction, thank you very much.

But in an age of insecurity it is not only blue collars that are being felt. Trump’s campaign may owe its launch to working class Republicans, but it was boosted into orbit by supporters from far beyond the Appalachian hollows and Rustbelt towns of reassuring caricature. The collateral damage of globalization and automation is spreading ever higher up the social scale. Trump’s coalition of the anxious is considerably broader than the GOP’s high-ups seem willing to acknowledge, and, tellingly, was not soothed away by the social conservatism peddled by the Donald’s rivals. To say Trump makes an unexpected standard-bearer for a party that includes a prominent (if often misunderstood) religious right is an understatement, but that’s what he will be. Priorities change.

To be sure, Trump threw the Reaganite wing of the party a bone in the form of a supply-side-on-steroids tax plan of such absurdity that the kindest way to look at it is as a statement of intent (welcome enough from someone who has supported higher taxation in the past) that he won’t increase taxes. In another conciliatory gesture, Trump has released a list of potential Supreme Court nominees designed to appeal to the Right. If he were to abide by this promise, wrote Jim Geraghty of the conservative, Trumpsceptic National Review (of which I am a contributing editor), “justices like these would make autocracy, a likely nuclear exchange, the collapse of the dollar and the dissolution of NATO easier to bear.”

Jim was not, I think, being entirely serious, but, there’s no mistaking his underlying concern that Trump simply cannot be trusted with the presidency. To the extent that Trump has an ideology (he has changed his party affiliation five times since 1987), it’s best described as a mutation of early Twentieth Century American Progressivism—something that’s a long way from contemporary GOP orthodoxy—but ultimately Trump is about Trump. Being Trump has enabled him to get to where he is now, but being Trump will ensure that, however horrified Republican voters might be at the prospect of another Clinton presidency, there will be a number of them who will not vote for their party’s candidate.

Some will worry that a Trump victory in November would be even worse for the future of the GOP than defeat. For others, the fears may run deeper still. A month or so back, a Midwestern Republican told me that Trump would, for the most part, be a better president than Clinton. But the worst of Trump could, he fretted, be far worse than the worst of Hillary: “He could blow the country up.” That was not a risk he would take. He hasn’t changed his mind since.

That’s just one voter, but I suspect he’s not alone.

The Abolition of Cash

National Review, April 11, 2016

Burning$100.jpg

Government gathers power sometimes in great swoops, sometimes by stealth, and sometimes in slow, sly increments, foreshadowed by position papers, op-eds, and regulatory tweaks designed to address an “issue” that a careless citizenry has overlooked.

It’s this slower, slyer approach that is now in motion as Big Brother’s smaller brethren take aim at cash. An advance guard of regulation has paved the way. Deposit more than $10,000 in cash into a bank and the feds have to be told. Bring that amount into the U.S. and Customs has to be told. Get stopped by the police with “too much” cash (a conveniently elastic concept) and you risk watching it disappear into the swamp known as civil forfeiture. Meanwhile, the country’s Croesus bills have long since vanished — $10,000, $5,000, $1,000, even the $500 that bore the face of poor murdered McKinley. Under the circumstances, they might have let him keep his mountain. 

The cull has further to go. Writing in the Washington Post earlier this year, former treasury secretary Lawrence Summers called for a “global agreement to stop issuing notes worth more than say $50 or $100.” He praised a Harvard paper by Peter Sands, the former CEO of the Standard Chartered bank, in which Sands claimed that the arguments for eliminating notes with a denomination above the equivalent of $50 “could well be compelling at an even lower threshold.” An even lower threshold: The ratchet turns in only one direction.

Naturally, there are good reasons for this latest government grab. There always are. The anonymity of cash makes it the criminal’s friend, and there are (just to start with) the wars on drugs and terror to think of and, of course, tax evasion. 

In Europe, authoritarian creep creeps more quickly. Italy introduced a maximum limit of €1,000 for cash transactions in 2010 (the current prime minister has proposed raising it to €3,000). By taking aim at widespread tax-dodging, this was intended to bolster Italy’s finances during one of the euro zone’s uglier spasms. It was also designed to discourage Italians from withdrawing euros from banks in a period when there were legitimate concerns about banks’ stability and the possibility that money deposited with them would be converted overnight from euros into rapidly depreciating “new lire.” “Forcing” Italians away from cash would make it more difficult for them to reduce their exposure to those dangers. This was about more than tax evasion: It was about keeping Italians locked within a crumbling system.

The ratchet keeps turning. Germany has proposed a €5,000 limit on cash transactions. Mario Draghi, the president of the European Central Bank, has called for the scrapping of the €500 bill.

Meanwhile, in Scandinavia, a part of the world where governments are trusted and technology is advanced, digital payments are squeezing out cash. In Sweden, cash is now used in only about 5 percent of retail sales. Progress is progress: If people prefer to make payments electronically, that’s up to them, and if that entails a loss of privacy, that’s their choice.

But choice may well be followed by compulsion. Forget about doing away with the Benjamins; the technology now exists to kill off cash altogether. The will has been there for a while. Now there’s a way. The Danish government would like to abandon paper money altogether by 2030. Norway’s largest bank, the partly state-owned DNB, has called for cash to be phased out, moaning that 60 percent of the kroner in circulation are “outside of any [official] control.” The horror!

Excuse me while I adjust the tinfoil, but this is not (and will not be) just a Scandinavian thing: We live in an era when central banks have driven interest rates down to levels that bear little connection to economic reality. Certain key rates are now below zero in the euro zone, Sweden, Denmark, Switzerland, and Japan. This is a terrible idea, and its time has come. The question is not only how far negative interest rates will spread, but how low they will go.

In a speech last September, Andrew Haldane, the Bank of England’s chief economist, grumbled about the “constraint physical currency imposes” on setting negative interest rates. After considering various ways of dealing with this nuisance, he concluded that an “interesting solution” would be to “maintain the principle of a government-backed currency, but have it issued in an electronic rather than paper form.” This “would allow negative interest rates to be levied on currency easily and speedily.” Translation: Make people hold their cash in electronic form (and thus in banks); they will then have no means of escaping the levy on savings that negative interest rates effectively represent. 

Before dismissing this as a form of madness that only Europeans could embrace, check out what Harvard’s Kenneth Rogoff has been saying. Writing in the Financial Times in May 2014, he argued that replacing paper money with an electronic alternative “would kill two birds with one stone.” It would strike a blow against crime, and it would free central banks from a bind that has “handcuffed” them since the financial crisis. “At present, if central banks try setting rates too far below zero, people will start bailing out into cash.” Indeed, they will: To its credit, the central bank of Switzerland, one of the countries now burdened with negative interest rates, has made it clear that it has no plans to junk its thousand-franc bills. It accepts that these are used as a store of value, something that Rogoff, no friend of the saver, might regard as reprehensible but the sensible Swiss do not. There has been a 17 percent increase in the number of these bills in circulation in the last year. 

“Hoarding cash may be inconvenient and risky,” wrote Rogoff in a related paper, “but if rates become too negative, it becomes worth it.” He would clearly prefer to see that emergency exit locked and the key thrown away, leaving savers helpless in the face of whatever central bankers (and not only central bankers) might dream up.  

An open-minded sort, Rogoff did concede that there might be a problem or two with such a set-up, including the fact that “society may want to preserve the right for individuals to make anonymous payments in certain activities,” a telling choice of words. It’s not the rights of the individual that count, but what “society” (defined by whom?) “may want.”

Another Alpine nation, Austria, is aware of the menace to privacy that a cashless society could be. Its deputy economy minister, Harald Mahrer, has vowed to fight rules curtailing the use of cash: “We don’t want someone to be able to track digitally what we buy, eat, and drink, what books we read and what movies we watch.”

And this is more than a matter of books, movies, and meals. It’s worth noting that the German proposals to restrict cash transactions ran into opposition across the political spectrum, from the leftist Greens to the populist-right party Alternative for Germany on through to the classical liberals of the Free Democratic party. After Hitler and Honecker, Germans understand how totalitarianism works, and they know too that the slippery slope is all too real.

The abolition of cash is a notion that we should reject out of hand. It puts too much faith in technology, and it puts too much trust in the state. It eliminates privacy to a degree that ought to be unacceptable to any free society, and it leaves people dangerously exposed to having their savings confiscated by negative interest rates or, more traditionally, confiscated by government, by way of a savage wealth tax perhaps. It  leaves them with nowhere to hide.

To those making the case against cash or high-denomination bills, that, of course, is the whole point, but it is a point they are pushing too far. Their tightly controlled, fully tax-compliant society could easily, given a sufficiently malign government, be as dysfunctional as one where the “shadow economy” (not to be confused with the “criminal economy”) is flourishing. The ability to dodge the system acts as a brake on overreach by the system. For example, there’s no sense in pushing taxes so high that people decide it’s worth the risk of not paying them. Tax evasion should not be endorsed (I write, nervously aware of the IRS), but the potential, if somewhat paradoxical, benefit to society from the threat of tax evasion can be. Make tax impossible (or close to impossible) to dodge and there’s far less to hold back the demands of a greedy state.

And yes, there is cash’s role as crime’s discreet accomplice. Well, as I alluded to before, government already has a wide range of powers to combat that. To ask for much more seems excessive. To borrow a famous comment a wise man once made: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

That wise man? He is on the $100 bill.