Steve Bannon: Trump’s true believer

Rasputins are not easily done away with. Steve Bannon, for all the speculation, remains Donald Trump’s chief strategist, if perhaps not quite so much of a chief as he’d hoped. This clever, occasionally alarming chancer, is a nationalist and a populist with a willingness to shout the previously unthinkable.

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Macron’s Moment

National Review Online, April 24, 2017

Macron.jpg

The news that Emmanuel Macron, the nice centrist candidate, was going to win the first round of France’s presidential election was greeted with undisguised delight by the European Union’s ruling elite. Jean-Claude Juncker, the president of the European Commission, is not meant to weigh in on elections that are still underway in EU member states, but rules are for little people. He was quick to pass on his congratulations and wish Macron well in the run-off against the National Front’s not-always-so-nice Marine Le Pen two weeks from now. Juncker’s ‘foreign minister,’ Federica Mogherini, gushed that seeing the EU and French flags fly at Macron’s victory celebration was “the hope and future of our generation.” Michel Barnier tweeted that, as a “patriot and European,” he was confident about Macron’s prospects on May 7, and added that “France must remain European.” What Barnier, the faintly sinister former European Commissioner and member of France’s defeated Republican party who will serve as Brussels’ chief negotiator in the Brexit negotiations, meant by “European” was that France must remain in the EU, something that Le Pen might well put in jeopardy. That’s what really mattered.     

Unemployment in France is approximately 10 percent, more than twice German levels. About a quarter of those between the ages of 16 and 25 are unemployed. French GDP growth has been sluggish for years, and government spending accounts for around 57 percent of GDP, compared with 44 percent in Germany.

Then there is terror: the Charlie Hebdo murders that began 2015, the massacre in Paris that ended it, the truck plowing into crowds celebrating Bastille Day in Nice last year, and, most recently, the shooting in the Champs-Élysées that left one policeman dead and two other people seriously wounded just days before Sunday’s vote. These attacks are part of a wider Islamist assault on the West, but they are also symptomatic of failings in the effort to integrate France’s large Muslim minority, failings with consequences that have done more than their bit to contribute to the growth of the hard right. In 2016, Patrick Calvar, the head of France’s General Directorate for Internal Security, told a parliamentary enquiry that he feared a “confrontation between the far right and the Muslim world.”

And Federica Mogherini is cheered up by some flags.

Observing the behavior of the Bourbons and their aristocratic entourage on their return to France after the fall of Napoleon, the French statesman Talleyrand is said to have remarked that the king and his entourage had “learned nothing and forgotten nothing.” For some reason that quip came to mind as I read those tweets and other celebratory commentary from, it seemed, every corner of Davosworld,

Looking at Emmanuel Macron, it’s not difficult to understand why. He is one of them — likable, clever, the son of a professor and a doctor, with degrees from the right places, impressive stints in both investment banking and government to his credit, and a fondness for the EU, free trade, and the politics of the Third Way or whatever the old Blairite snake oil is known as these days. As a Socialist minister of the economy, he put together the Loi Macron package of reforms in 2014 and 2015 as a modest — very modest, and it says something about French politics that they had to be forced through by decree — step in toward deregulation. At about the same time, he left the Socialist party, before quitting the government the following year amid speculation about the independent presidential run that duly came to be.

There’s another problem for the tale of populist retreat: Between Le Pen’s share of the first-round vote (roughly 21.5 percent) and that of Jean-Luc Mélenchon, left-wing maniac and standard-bearer of France Unbowed (about 19.5 percent), four out of ten first-round ballots were cast for champions of the hard right and left. At 23.9 percent, Macron came out ahead of both of them, but not that far ahead. As establishment triumphs go, this looks a touch thin, even more so after you remember that neither of the two main parties managed to get their man into the final round. Former prime minister François Fillon, of the center-right Republicans, had looked at one point to be a strong challenger, but his campaign was dragged down by scandal. He is under criminal investigation, as is his wife, so the fact that he still managed to reach nearly 20 percent of the vote gives a hint of what might have been. As for the official candidate of the Socialist Party, poor Benoît Hamon, he was eclipsed by Macron and left with barely more than 6 percent of the vote.    

So what now? Le Pen will press on, as candidates described as far right so often do, with a mix of policies from both ends of the political spectrum, a mix that has not harmed her blue-collar appeal. Her tough line on immigration and Islamic extremism is accompanied by a somewhat protectionist economic platform designed to appeal to those who have found themselves struggling to keep up. This blend runs through into Le Pen’s Euroskepticism, driven from the right by nationalism and from the left by her suspicion of the EU’s attachment to what is, by French standards, an over-fondness for the free market. Oh yes, she’d also pull France out of NATO.

When Macron (who has been endorsed by Fillon and Hamon, but not, interestingly, by Mélenchon, who has said he won’t be endorsing anybody) wins in the second round — and he will — the next hurdle he’ll face is the parliamentary elections in June. No one knows how his fledgling party, En Marche! (echoes of Jeb!) will fare, but assuming that coattails and a honeymoon work their magic, enough of his team may make it into the National Assembly to form the nucleus of some sort of centrist coalition. But putting that together is still likely to involve horse trading of a type that won’t make it easy to build even on the meager reformist achievements of the Loi Macron, let alone address the mess in which France — statist, sclerotic, and stuck with the Euro — now finds itself.

Away from the economy, Macron appears to believe that there is not that much that can be done about mass immigration (climate change is, he explains — of course he does — one of its causes). This is not something that appears to worry him much, and it’s not only National Front voters who will find his lack of concern off-putting. As for doing a better job of integrating France’s Muslim minority, it’s far from clear that Macron has anything new to offer. The same may hold true of terrorism. “This imponderable, this threat,” Macron explained after the Champs-Élysées shootings, “will be a fact of daily life in the coming years.”

France’s next presidential election isn’t until 2022, but Marine Le Pen — or someone like her — will be waiting, and that wait may not be in vain.

Underrated: Mike Pence

Standpoint, April 1, 2017

TrumpPence.jpg

If the stories are accurate, Donald Trump had last-minute doubts about Mike Pence, the governor of Indiana and the person he’d just chosen as his running mate. If so, those doubts said more about Trump than Pence. The Donald would probably have preferred someone from his comfort zone: maybe Newt Gingrich, an eccentric whose glory days were decades ago, or New Jersey governor Chris Christie, a star eclipsed by scandal. He knew them reasonably well and, more importantly, understood that their last best hope of political advancement rested with him. They would know their place.

But Pence looked dangerously like his own man, an outsider foisted on Trump to reassure traditional Republicans and to bring decorum and a credible political track record to a ticket desperately short of both. To be sure, Pence faced a tough re-election fight for the governorship (which in the end he would have probably won), but he had also served six terms in Congress and had been mentioned as a potential presidential candidate for years. He had no need to jump aboard a Trump train only uncertainly connected to the rails. Worse, Pence had endorsed Ted Cruz and reportedly loathed The Donald. The Indiana governor denied that he felt that way, but it was hard to imagine a meeting of minds between a self-described “Christian . . . conservative and . . . Republican, in that order” and a chancer of no fixed party married to Ivana, Marla and Melania, in that order.

The Pence pick was enthusiastically received by GOP loyalists, and, however appalled they were by his hardline social — and not just social — conservativism, even the party’s opponents seemed somewhat soothed by the thought that, in the not-going-to-happen event of a Trump win, at least one pro would be in the new president’s vicinity. If there was a consensus, it was that Pence was a touch dull. There were mutterings too that he was not the brightest. Some of the latter can be put down to the lazy assumptions often made about religious types from flyover country, but, yes, Pence was a C student at high school and, yes, getting into law school had been something of a struggle. The vice president was not, one former associate told me, someone to get too deeply into policy details, but this former talk radio host was “good at messaging”.

That has not always been as true as it might have been. After his second (unsuccessful) attempt to make it into Congress, Pence apologised for running a campaign so negative that it backfired (that was then). A quarter of a century later, there was that looming re-election fight for the governorship. It looked trickier than it should have been, thanks partly to a battle over legislation designed to protect “religious freedom” (but seen by its critics as allowing discrimination against gays). Pence had annoyed both sides, initially by signing the law, then by agreeing to water it down.

That was unusual: Pence’s determination to stick to his principles, even if it meant defying a Republican president, had served him well in Washington after he won election to Congress in 2000. Grasping all the “legs” — fiscal, social and hawkish — of what Ronald Reagan famously described as conservatism’s “three-legged stool”, it wasn’t too long before he was on his way up.  The hardening attitudes on the Right that accompanied the financial crisis (Pence voted against the TARP bailout) and Obama’s election did him no harm either. He became a Tea Party favourite, largely without alienating more mainstream colleagues — no mean achievement. Chatter about a bid for the White House grew louder, but Pence opted to take aim first at the governor’s mansion, a shrewd choice for an ambitious legislator looking for the executive experience that could, if the opportunity arose, bolster a run for the presidency.

Four years later, an unexpected and rather different opportunity presented itself. Pence — more flexible than his reputation suggested — took it. There are dignified rationalisations, of course (patriotic duty, saw something good in Trump) for that decision, but it looks a lot like a brilliant contrarian bet. It would have been made easier to take by the prospect of that re-election fight at home and the thought that, if Trump lost, there was always 2020 and, in the interim, lucrative gigs on the conservative media and lecture circuit — a stint as a Palin, but with gravitas and a future.

Now Pence is a heartbeat, a scandal, or even a tweet away from the presidency. Quite how power is distributed in the Trump administration is opaque, but Pence is clearly much more than a state funerals’ veep, cold-shouldered onto the sidelines. He is out and about too, an ambassador for the administration: to Congress say, or attending the Munich Security Conference in February. He is professional, respectable, calming — no Spiro Agnew he, and, for that matter, no Trump either — and yet, a wise fellow, demonstratively loyal to his boss.

And if in the depths of the night, thoughts that are not quite so loyal come into this still sometimes underrated man’s head, I’m sure they are banished without more ado.

Latin Lover

Daisy Dunn: Catullus’ Bedspread -The Life of Rome’s Most Erotic Poet

The New Criterion, February 1, 2017

Sandroyd School, August 1990 © Andrew Stuttaford

Sandroyd School, August 1990 © Andrew Stuttaford

It was, subversively enough, a Latin teacher who was the first to hint to us that the Romans were not quite the Englishmen-in-training that we had been led to believe. Eleven or twelve years old and enrolled in a Wiltshire boarding school that the 1960s were, most disappointingly, passing by, we’d been brought up on tales of heroic Horatius at the bridge, of steadfast Scaevola at the fire, of legions on the march, of a great empire, if not quite so great as the one on which the sun, until very recently, had never set. In a break from the usual fare—a maneuver by Caesar, more boredom from Livy—Mr. Chips (not his real name, and not his style either: he drove a Rover 2000, a surprisingly chic car for that time and place and, more thrillingly still, was rumored to be a member of London’s Playboy Club) introduced us to something, he said, that was a little different, a poem by one Gaius Valerius Catullus:

Vivamus, mea Lesbia, atque amemus . . .

Crikey.

Catullus’s Poem 5, perhaps his most famous, is an ode to his love and an ode to the intoxication of love.

Just a little later, “Da mi basia mille”:

Give me a thousand kisses, then a hundred.

Then another thousand, then a second hundred.

Then—don’t stop—another thousand, then a hundred . . .

The translation is by the British writer and classicist Daisy Dunn, the author of Catullus’ Bedspread. The book’s suggestive (if slightly deceptively so) title is given an extra boost by its sub, the promise that within its sheets readers will discover The Life of Rome’s Most Erotic Poet. Somewhere in the Elysian Fields Ovid raises an eyebrow. Somewhere at HarperCollins a clever mercenary chortles.

Ms. Dunn has set herself a tough task. “Of Catullus,” wrote Charles Stuttaford (my paternal grandfather’s cousin, since you ask) in his 1912 edition of the poet’s works, “we know very little.” Dunn agrees: “Practically everything that can be known about him must be extracted from his . . . poetry,” a technique, warned the American classicist Peter Green, that was “risky,” and “nowadays” (he was writing about a decade ago) has “the full weight of critical opinion against it,” although “there are signs of change in the air.”

I don’t know if critical opinion has lightened up since then, but when Dunn leaves off her occasionally clunky re-imagining of the poet’s daily life (“having wolfed down eggs and bread at some miserable inn”) and focuses her attention and considerable erudition on the barely over a hundred poems that survive—poems without title, put in sequence (most likely) long after their author’s death—to reconstruct Catullus’s biography, the man replaces the shade and the millennia dissolve.

Born into a wealthy family in Verona, then a part of Gaul (Cis, not Trans), Catullus, who died aged around thirty, in, probably, 53 B.C., spent much of his adult life amid Rome’s hipster priviligentsia. He was a prominent member of a circle of poets hacking away—somewhat subversively, griped Cicero—at the staid conventions governing poetry in that era. In a turbulent time in the history of the republic (complicated, but well described by Dunn), Catullus loitered on the fringes of politics, insulted the, ahem, “penetrated” Julius Caesar in Poem 57, briefly took a financially unrewarding government job in Bithynia, and mourned a lost brother. Crowning (albeit, in the end, with thorns) a busy sex life, there was his passionate, but doomed, affair with “Lesbia” (almost certainly Clodia Metelli, the wife of an aristocratic politician), a relationship—and its sour aftermath—he chronicled in some of his best-known poems. Metelli was, scolded Stuttaford, “a woman entirely without moral sense,” a description that may not have been entirely unfair, even by relaxed Roman standards.

Much of the delight in this book lies in the details—not all of them scandalous—of Roman life that Dunn provides: the recipe for garum, a “coveted” fish sauce that could also, it was said, “heal a crocodile bite;” the aristocrats plebbing down their accents two thousand years before Tony Blair’s glottal stops started; the appeal of nearly transparent Coan silk, “a favorite among the less virtuous.”

In Catullus, Dunn has a caustic and gossipy accomplice:

I was idling in the Forum when my friend Varus

Saw me and led me off to the home of his lover,

A little tart (as she immediately struck me),

Though not obviously inelegant or lacking in charm.

Yes, much of Poem 64, Catullus’s longest surviving and, to Dunn, “most accomplished” work, dwells on the old myths, myths of a type thought to be more proper fare for the verse of the time, but they were woven into the bedspread that inspired her book’s title. It was a mildly meta conceit (even if that bedspread belonged to one of the Argonauts), a nod, perhaps, to the interest that Catullus and his circle found in describing the everyday. Discussing Poem 27, Dunn tells how the Romans drank their wine watered down, something, she relates, that appalled Catullus the Gaul. Thus the sly anachronism in Dunn’s rendering (in her The Poems of Catullus: A New Translation) of the poem’s final lines:

And you, water, spoiler of wine, away from here

S’il vous plaît. Off you pop to the dour kind.

Here is Bacchus’ wine, neat.

S’il vous plaît.

Gauls talked in a different way too, Dunn writes, tending “to keep their mouths open more often than the Romans as they spoke, causing one word to leak into another like a loudly dripping tap. Gaping vowels gave rise to strange inflections and distinctive dialogue, which was exceedingly difficult to lose. And Catullus was not minded to do so. The sheer languidness of the elided vowel lent itself perfectly to love.”

Reviewer mops brow.

But Catullus was a more sophisticated poet than his naughty reputation might suggest, technically highly accomplished in ways that Dunn makes accessible to the layman, sometimes beautifully so: “[T]hese lines begin so abruptly—da, dein, deinde—it as if we hear them with Catullus’ quickening heartbeat.” He was an innovator, a writer about writing (in Poem 50 Catullus recalls “playing now with this metre and now with that”), the member of a literary set, a magpie, this from the street, that from the Greeks. Catullus’s Poem 51, in which he describes how he feels—not great—watching Clodia being watched by her husband, was inspired by a poem written by Sappho some six centuries before. It’s a reminder of the remarkable continuity of culture in the classical world, and it was a challenge of a sort. Catullus wanted his verse, he humblebragged in Poem 1, to “survive . . . for over a hundred years.”

And here we are.

But more recent generations have not always found it easy to deal with Catullus. His preference for the quotidian over the epic brought, as Dunn notes, “the corporeal and the earthy” in its wake. In Poem 32, he asks his sweet Ipsitilla, “meae deliciae,” to invite him round for “nine consecutive,” well, “fututiones,” the thought of which already excites him as he lies back after a good meal: “I poke through my tunic and cloak.”

Reviewer worries how his editor will deal with that.

To read Catullus is to be offered a glimpse of a sexual morality so alien to Christian tradition that generations of translators, particularly in the more Puritan corners of Christendom (not least those rainy islands inhabited, according to Poem 11, by horribiles uitro ultimosque Britannos), have tried to consign a good number of Catullus’s poems to the Memory Hole. When, in the preface to his Catullus: A Commentary, published by Oxford University Press in 1961, the Scottish classicist C. J. Fordyce admitted that he had omitted “a few poems [actually nearly thirty percent of the total] which do not lend themselves to comment in English,” he was just the latest in a long line of embarrassed Brits to do so. In the preface to his 1912 work, poor Charles Stuttaford stated that he had previously come under fire for annotating poems that some critics carped would have “been better to have left unexplained,” and, so, in 1912, that’s what he did. No less cautiously, some poems, including Poem 32, were included, but only in Latin: A reader able to translate fututiones (a word invented by Catullus) could cope with its shocking implications.

Stuttaford also did his best to haul Catullus back in the direction of respectability, in essence claiming that much of his poetry was, to borrow a fashionable phrase, no more than locker-room talk. Maybe. More plausibly, he argued that some of Catullus’s outrageous—and often outrageously entertaining—invective, including the notorious first two lines of Poem 16, was no more than “vulgar abuse” (to see just how vulgar, check out the 1990 translation by the British poet and classicist Guy Lee). What provoked them was the suggestion by two other poets that Catullus’s love poems were a touch effeminate. Catullus’s response was, as Dunn, delicately describing the indelicate, indicates, to assert “his masculinity once and for all.”

If that doesn’t make you turn to Mr. Lee, I don’t know what will.


Theresa May goes to Washington

The prospect of Theresa May’s arrival in the United States on Thursday failed to make much of an impression on the front pages of American newspapers. (That day’s Wall Street Journal did, however, find room for an article on “wily hotel thermostats.”) Undeterred, the prime minister started her visit by addressing a gathering of Congressional Republicans in Philadelphia.

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Donald Trump’s inauguration: Darkness at noon?

In his first inaugural address Ronald Reagan described how “idle industries” had “cast workers into unemployment, human misery, and personal indignity,” and in his Barack Obama lamented “[h]omes…lost, jobs shed, businesses shuttered.” With the US in the grip of the Great Depression, Franklin D Roosevelt lamented the “dark realities of the moment” and lashed out at “unscrupulous money changers.” Donald Trump’s talk of “American carnage” may have been startling—if less so to many of those who had voted for him—but there is no rule that a new president’s debut has to be sweetness, light and harmony.

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Trump’s Taiwan call: I wonder what he meant by that

Prospect, December 7, 2016

East 52nd Street, NYC, January 2017 ©  Andrew Stuttaford

East 52nd Street, NYC, January 2017 © Andrew Stuttaford

When Metternich heard the news that Talleyrand, the legendarily devious French diplomat and statesman, had died he is said to have asked “I wonder what he meant by that?” While the connection between Metternich, Talleyrand and Donald Trump is not obvious, China’s leaders may now be asking themselves a similar question about a series of tweets by America’s next president—and the phone call that set them off.

Let’s start with the phone call. On Friday, Trump’s staff announced that The Donald had had a telephone conversation with Taiwanese president Tsai Ing-wen, effectively, and publicly, ignoring a long-standing taboo. Officially at least, no American president (or, it is thought, president-elect) has talked to his Taiwanese counterpart since the 1970s, the decade in which the US recognized the People’s Republic as the sole legal government of a China that included Taiwan. Unsurprisingly, those in charge in Beijing were less than thrilled to hear about Trump’s chat with the head of what they see as a fugitive province.  “Solemn representations” were lodged with the US.

On the other hand, Beijing initially also seemed willing to put the whole incident down to inexperience and widespread suspicions that Trump simply did not know what he was doing were reinforced by a tweet he sent the same day:

“The President of Taiwan CALLED ME today to wish me congratulations on winning the Presidency. Thank you!”

The caps looked defensive: the president-elect had merely taken a call from a president. Polite! Important! And the sense of defensiveness was underlined by the tweet that came next:

“Interesting how the US sells Taiwan billions of dollars of military equipment but I should not accept a congratulatory call.”

Trump was still stressing that Tsai had called him and that the call was about him (congratulations!). But the would-be dealmaker-president also took the time to point out that Taiwan is a good customer of USA, Inc. and, while he was at it, undiplomatically highlighted the extent to which America’s “one China” policy is a convenient fiction.

Over the next day or so, The Donald’s tweetflow moved onto more familiar territory: domestic politics, an attack on Saturday Night Live (“unwatchable! Totally biased, not funny and the Baldwin impersonation just can’t get any worse”), support for an errant golfer (“Great to have you back Tiger – Special!”) and a spot of mercantilist menace (“Rexnord of Indiana is moving to Mexico and rather viciously firing all of its 300 workers. This is happening all over our country. No more!”), but concern over the call continued to bubble away. Grumbling that through ignorance, recklessness or bravado, the president-elect had done real damage to relations with China, America’s chatterati appeared as upset as the apparatchiks in Beijing.

So on Sunday Trump tweeted again on China:

“Did China ask us if it was OK to devalue their currency (making it hard for our companies to compete), heavily tax our products going into their country (the US doesn’t tax them) or to build a massive military complex in the middle of the South China Sea? I don’t think so!”

If the call, which lasted for about ten minutes, had not originally been thought through, it was now being defended in terms that looked a lot like policy. There were hints of the trade fight to come, including over the yuan (formally designating China a “currency manipulator” could pave the way for retaliatory action) as well as more conventional strategic concerns over Beijing’s ambitions in the South China Sea. And note the implication contained in the tweet’s opening few words: The president who is going to make America great again is not going to ask any third country for permission to make a phone call or, for that matter, for permission to do quite a bit more besides.

Whether or not it was a blunder, the best guess is that the call was not an accident. It followed months of cultivating Team Trump on Taiwan’s behalf by former Republican presidential candidate Bob Dole, who now works as a lobbyist in Washington. As for Trump himself, well, five years ago he tweeted this:

“Why is @BarackObama delaying the sale of F-16 aircraft to Taiwan? Wrong message to send to China. #TimeToGetTough”

Team Trump may be downplaying the significance of the call with Tsai (Vice President-elect Pence has referred to it as a “courtesy call”) and Taiwan’s president, acutely aware of the perils of her neighborhood, has said that it should not be taken as an indication of a “policy shift.” “We all,” she told USA Today, “see the value of stability in the region.”

Nevertheless, despite the characteristic confusion and bluster, Trump was almost certainly sending a signal by taking Tsai’s call. The US has neglected the art of great power politics since the fall of the Soviet Union, firstly because it could (for quite a while it had no serious rivals) and secondly, after chastening in Iraq and the election of Obama, because it preferred to put its faith in an internationalist order—from the European Union to the United Nations and beyond—that allowed it to pretend that such selfish maneuvering could safely be consigned, as the lofty phrase went, to the nineteenth century.

Trump is clearly under no such illusion. He believes that America is number one, but he also appears willing to accept that there are other big kids on the block with interests of their own and little intention of playing by the globalist equivalent of the Queensberry rules. Put another way, he is comfortable with a traditional idea of great power rivalry, and engaging in the jostling that comes with it.

If reordering America’s trading relationship with China is high on Trump’s agenda—and it is—then he will be looking for leverage, and that may include the threat to cozy up to Taiwan. It’s a threat that comes with the added advantage that it is likely to please a Republican Party that Trump still needs to reassure. Taiwan, after all, is a friendly democracy, the People’s Republic not so much.

But diplomacy by tweet comes with hazards, particularly when those tweets are being generated by someone with remarkably poor impulse control. There’s a difference between what China can accept and what it can be seen to accept. Push too much and too publicly and Beijing might take a far harder line—be it on trade or be it on Taiwan—than might otherwise be the case. Calculating the right balance is a tricky task—but American voters have been led to think Trump can handle it. He is the self-proclaimed maestro of the deal, after all.

Whether he will succeed in doing so is an entirely different question. Chinese criticism of the call sharpened after Trump declined to back down.

That said, as I write, it’s being reported that Trump’s nominee as US ambassador to China will be Iowa Governor Terry Branstad, who has got on well with Chinese president Xi Jinping since the 1980s.

That’s a signal too.

Moscow Calling

Anton Vaino’s appointment in August as Vladimir Putin's new chief of staff intrigued Kremlinologists, Estonians (he is the grandson of one of Soviet Estonia's later quislings), and fans of the weird. Some years ago, Vaino (or someone acting on his behalf) penned a bizarre, densely written article in which he described a Nooscope, a device which "allows the study of humanity's collective consciousness." It is, apparently, intended to be used to help technocrats manage increasingly complex societies.

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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.