
A libertarian friend wrote me recently to urge me to speak out against former President Donald Trump’s threat to democracy. Specifically, he said “There’s been too little classical liberal/libertarian writing on the dangers Trump now poses to our democracy.”
I agree with him. Donald Trump’s refusal to accept his loss in the November 2020 election and his outrageous January 6, 2021 speech to his supporters were, in my view, the low points of his administration. Truth seems to have no value to him independently of how it affects his fortunes.
I think it’s important to estimate, as accurately as possible, the size of the Trump threat. It’s important not to understate it, and it’s as important not to overstate. If we’re in the business of defending democracy, we also need to identify all the major threats. In my view, the threats from the Progressives are greater.
The January 6 Riot
Notice the subtitle. I didn’t say, as many writers do, “The January 6 Insurrection.” What we know is that it was a riot. Many of the participants in the mob that entered the Capitol building did so violently, smashing windows and trying to break down doors. I was telling a close friend that day, who had pointed out that they weren’t as violent as many antifa rioters the previous summer, why I found this riot particularly upsetting. Here’s how I put it: “They’re violently going against one of the few things that works in the federal government: the peaceful transfer of power.” I told her how I had got goose bumps watching C-SPAN on a different January 6, in 2001, when Vice-President Al Gore, the loser, and some would say the sore loser, in the November 2000 election, presided over the counting of the electoral votes that gave the election to his opponent, George W. Bush. Gore, as part of his job and to his credit, insisted that the four Democratic members of the House of Representatives who challenged Bush’s election needed a U.S. Senator to back their particular charges. In each case, the House member admitted that he or she had no U.S. Senator’s backing, and so Gore did what he was supposed to do: moved on. This was American democracy at its finest. (Watch from about the 11:00 point to about the 13:00 point to see how Gore, whom I usual detest, caused me to feel deep patriotic feelings about how the transfer of power works at its best.)
My point is that the January 6 riot was a serious mob action, and its seriousness should not be understated. Many people, in my view, have indeed understated it. They have pointed to the fact that virtually no one in the mob had guns. True. But that doesn’t mean that the members of Congress who feared for their lives knew that at the time. Many of the mob chanted death threats against Vice-President Pence. I don’t know about you, but if a mob were to chant that they wanted me dead and were pushing to get into the room where I was located, I would be pretty scared. And you can kill people without guns.
Was it an insurrection? I’m not sure. The Merriam-Webster dictionary gives as its “full” definition of an insurrection “an act or instance of revolting against civil authority or an established government.” One could certainly regard what happened as a revolt against an established government. Tellingly, though, even though there is a federal law on the books stating the penalty for insurrection, the feds are charging none of the rioters with insurrection.
I would also point out that if what the mob did is, in fact, insurrection, then certainly what many antifa rioters did against established local governments, which was often much more violent, were insurrections also.
At this point, I can imagine some readers accusing me of “whataboutism,” which is defined as “the technique or practice of responding to an accusation or difficult question by making a counteraccusation or raising a different issue.” But I’m not engaging in whataboutism. I’m taking totally seriously the threat posed by the January 6th mob and laying out an implication of seeing that threat as an insurrection. The problem with the charge of whataboutism is that it too often substitutes for thought. “Oh, I’ve cleverly identified what the author is doing, so I don’t have to think about what he’s saying.” So if you don’t want to think about what I’m saying, I invite you to exercise a freedom we all still have: the freedom to quit reading. But if you actually want to think, I invite you to continue reading.
The Continuing Threat from Donald Trump
In case you haven’t noticed, even though Donald Trump is no longer on Twitter, he has not shut up. He still claims that he was robbed of the election. There almost certainly was fraud in the last election. Why would 2020 have been different from pretty much every other presidential election we’ve had? Was there enough fraud to swing the vote to Biden? I haven’t seen clear evidence of that. And notice that it was Republicans in Michigan and Arizona who, after their investigations, announced that Biden had won those two states fair and square.
As I said above, Trump has little regard for the truth. When someone has little regard for the truth, he’s always a threat.
But here’s what I think people leave out that causes them to overstate the threat: Donald Trump, although a smart guy, is intellectually lazy. He doesn’t seem to read, and, given his stated goals, he doesn’t delegate well to achieve those apparent goals. These traits can be good or bad, depending on the goals.
If his goals are bad, I want him to be incompetent at achieving them. If his goals are good, then his incompetence is bad. Take the threat Trump made during his first term to target NBC for its report that he favored a large increase in the U.S. nuclear arsenal. What did he do about it? Nothing. And as I wrote in a January 2018 article, “if Trump really wanted to follow through on his threatened censorship of television networks, he chose the wrong chairman of the Federal Communications Commission. Ajit Pai is one of the most deregulatory officials in the Trump administration.” I also put his threats in perspective by contrasting his fizzling action with that of a mastermind in using government power to squash dissent: Franklin D. Roosevelt.
Here’s what I wrote:
Consider, by contrast, someone who effectively quashed radio criticism of his policies: Franklin D. Roosevelt. In 1934, as University of Alabama historian David Beito has noted, President Roosevelt’s FCC put radio stations on a short leash by reducing the license-renewal period from three years to six months. He appointed Herbert L. Pettey as head of the commission. Pettey had been FDR’s radio adviser during his 1932 presidential campaign. Shortly after this licensing change, NBC announced that it would limit broadcasts “contrary to the policies of the United States government.” CBS went further, announcing an end to broadcasts “in any way” critical of “any policy of the Administration.” Who was more effective—the unsophisticated Trump threatening in public, or the warm and fuzzy (but ruthless and strategic) operator behind the scenes, Roosevelt? The record speaks for itself.
But Trump also had made noises during his campaign and early in his administration about reducing U.S. military intervention in other countries’ affairs. How did he go about achieving that goal? By successively appointing two National Security advisers, H.R. McMaster and John Bolton, who favor U.S. government intervention in many countries’ affairs. That’s why he achieved so little of his worthy goal.
There’s one other reason that Donald Trump isn’t as much of a threat as many people fear. He has none of the powerful institutions: the media, the education sector, and corporate America. The first two are vehemently anti-Trump and pro-Progressive and the last is mainly anti-Trump and pro-Progressive.
I’ll examine what I regard as the major threat next.
UPDATE: I had a chance to watch more of the 2001 session presided over by Al Gore. I found my favorite part. It’s when Congresswoman Waters says she doesn’t care about the rules. Gore responds: “The rules do care.” It’s about the 35:00 point of the C-SPAN recording noted above.
READER COMMENTS
Jens
Jan 8 2022 at 1:47am
You write a lot about a single person here. Will the next article also be primarily about a single person or will it be about a group, movement or party? I rather assume the latter, because there is also a hint in the text. If so, perhaps a brief explanation of why this distinction was made would be appropriate. Does the Trump model have no influence on other political actors, groups, movements or parties ? The penultimate paragraph seems to deny this somehow, but is it really true ? Actually, in it – somewhat hidden – is the central argument, because all arguments aimed at individual weaknesses could be replaced.
Alan Goldhammer
Jan 8 2022 at 8:01am
David – there is both a grammar mistake and typo in the paragraph about Al Gore. I think it should read, “… who I usually detest…”
Classifying President Trump as “a smart guy” is a big stretch since his business failures are legion and required several bail outs. His cleverness at using social media is not in doubt but that’s the only credit I would give him.
I eagerly await your next post on what you perceive as his major threat. I have my own theory and think that there is much to worry about.
David Henderson
Jan 8 2022 at 10:45am
Not a mistake. “Whom” is the object of “detest.”
Craig
Jan 8 2022 at 8:34pm
Whom works but ‘usually’ should probably be used instead of ‘usual’ there.
Michael
Jan 8 2022 at 8:13am
I think “riot” and “rioters” does not quite capture what happened and who did it on Jan 6. It is pretty clear that the Jan 6 crowd who stormed the Capitol included a mix of different kinds of people with varied intentions.
Two organized groups, the Proud Boys and the Oathkeepers, were there, engaged in activities that might fairly be described as insurrection. They were a tiny fraction of those present but probably had an outsized impact on what happened. Here’s an assessment of what was known about those groups:
https://www.lawfareblog.com/conspirators-proud-boys-and-oath-keepers-jan-6
Craig
Jan 8 2022 at 8:13pm
The problem I have with this being looked at as an insurrection is that basically we have to believe that if Al Qaeda showed up that day that they would’ve bagged Congress, right? Ultimately the problem is that the DC Capitol police have the budget and the manpower to spearhead the invasion of Iraq. The fact some rioters got in is frankly just happenstance.
Michael
Jan 8 2022 at 8:44pm
That is simply false.
Craig
Jan 8 2022 at 9:23pm
The USCP are LAVISHLY funded. “In FY2021, the USCP had an annual budget of more than $515 million; it employs more than 2,000 sworn and civilian personnel, making it one of the most well-funded and well-staffed police departments relative to the two square miles it guards”
If the goal and plan were insurrection and seeing what you’d be up against your plan better include a regiment or maybe better. Not the bull shaman.
They did get in, but they had no business getting in.
steve
Jan 8 2022 at 11:06pm
They had good reason to believe that a lot of the police were sympathizers.
Steve
Vernon Smith
Jan 8 2022 at 8:30am
Thanks David for the best evaluation of Mr. Trump I have read, although I am not well read on Trump articles.
Monte
Jan 8 2022 at 1:27pm
As do Biden, Fauci, the media, and most politicians in this deluded, politically-charged environment of ours. It might be more accurate to say that they all have a higher regard for convenient truth:
And I can’t agree more with your view that the threats from progressives are greater.
Looking forward to a more fair and balanced Part 2 with publicity photos of the complete cast of characters…
Mark Brady
Jan 8 2022 at 1:37pm
“The Threats to Democracy.” I suggest that before David’s posts and readers’ comments multiply, it is incumbent on David to define “democracy,” not least because some of his fellow authors on EconLog are very critical of what they call democracy. I dare say pretty much everyone is critical of Donald Trump’s behavior for one or more reasons, but that need not involve a defense of “democracy,” and, to the extent to which it does, the speaker needs to explain what he or she means by that word.
MarkW
Jan 8 2022 at 1:58pm
“They’re violently going against one of the few things that works in the federal government: the peaceful transfer of power.”
But while that may make the matter more serious, it doesn’t make the smashing of doors and windows more violent than otherwise.
But that doesn’t mean that the members of Congress who feared for their lives knew that at the time.
No, they didn’t — but have we ever used that standard before to judge a protest was actually a violent riot — e.g. no it wasn’t actually violent in that nobody brought weapons, started fires, beat anybody up, etc but some people incorrectly feared the protestors might be armed and intent on violence — therefore it actually was violent?
I have no use for Trump and his ‘Stop the Steal! squad’ but the same goes for the absurd ‘worse than Pearl Harbor and 9/11 combined!’ rhetoric. I think Glen Greenwald has about the right take here, and I too see a much greater threat to our Democratic values from Progressives. I look forward to part II.
Michael
Jan 8 2022 at 9:02pm
Are you honestly making the claim that no weapons were brought, no people beat up? 225 people charged with assault or resisting arrest, 75 charged with using a deadly or dangerous weapone against police officers. On the same day, someone planted 2 pipe bombs near the Capitol (near the HQs for the DNC and RNC).
https://www.washingtonpost.com/politics/2021/12/31/capitol-deadly-attack-insurrection-arrested-convicted/
One Capitol police officer had his taser stolen by the mob and he was tased with it repeatedly until he had a heart attack.
At least 40 have been charged with conspiracy – mostly members of the Proud Boys and Oathkeepers.
MarkW
Jan 9 2022 at 6:59am
And what were these ‘deadly and dangerous weapons’ that the rioters brought with them? I’m guessing not guns, knives, Molotov cocktails, etc, or we’d surely have heard that already. The person who has received the longest sentence so far did this:
“Prosecutors said Palmer broke into the Capitol building and, while inside, threw a wooden plank at police officers; then, they said, while he was on the front line of the riot, he sprayed police officers with a fire extinguisher and hurled the emptied extinguisher at the officers. No officers, prosecutors said, were injured.”
Not nothing, and surely he should have been prosecuted, but if this is the worst of it, it pales in comparison to the violent acts in riots all across the country in 2021.
Michael
Jan 9 2022 at 7:57am
I do not know the number who brought firearms, but it is fair to say that the number was very small compared with the 725 arrests that have been made. Although it is also true that the Oathkeepers had set up a cache of weapons of site and there was some discussion about how to get those over to the Capitol though it did not happen.) Pipe bombs are also quite dangerous as weapons go.
I would say one example of “the worst of it” is the one I mentioned before. An officer was repeatedly tased (with his own taser) until he suffered a heart attack. I find the minimzation of that kind of violent assault to be odd. These people were charged with the same assault statutes used in other cases of assault. (Not exactly the same as DC’s laws assault may differ from those of the states, but exactly the same as other assaults that occur in DC).
MarkW
Jan 9 2022 at 10:20am
When considering the veracity of ‘weapons caches’ and pipe bombs, we do have to consider that the authorities leaked and the press pushed the story that Brian Sicknick was murdered by <a href=”https://greenwald.substack.com/p/the-media-lied-repeatedly-about-officer”>beaten over the head with a fire extinguisher</a>:
“So crucial was this fairy tale about Sicknick that it made its way into the official record of President Trump’s impeachment trial in the Senate, and they had Joe Biden himself recite from the script”
Simply put, the authorities and ‘respectable’ press have proven themselves wholly unreliable with respect to Jan 6 and so my level of skepticism is very high. If the substance of any report was not captured on clear video, I’m not inclined to buy it at this point.
John C Goodman
Jan 8 2022 at 5:26pm
David:
I hope in Part II you do not miss the forest for the trees. The threat to democracy come from the left. Not from Donald Trump.
See:https://townhall.com/disqus/columnists/johncgoodman/2022/01/08/is-democracy-under-siege-n2601573
David Henderson
Jan 8 2022 at 7:52pm
John, You did read my post, right? If so, you would notice that I think the bigger threat comes from Progressives. Or are you saying there’s a big difference between the Progressives the left and I’m wrong about the Progressives?
Craig
Jan 8 2022 at 8:16pm
I don’t go around planning coups everyday, but just saying if Trump were a threat to democracy (and let’s not forget that its Joe Biden who wouldn’t answer the question at the debate about whether he’d pack the court clear evidence he has no interest in constitutional limitations to his authority) come inauguration day when Biden was inaugurated, he’d have been dead already.
Michael
Jan 8 2022 at 9:34pm
This is not that telling. Many in the media have wondered about this charge as well as the charge of “seditious conspiracy.” These are both old and oft unused charges, and relying on any such charges presents risks for prosecutors.
The charge they have been using, not on all defendants but among those for whom a charge of insurrection might have been considered, was for “corruptly obstructing, influencing, or impeding any official proceeding, or attempting to do so”, the official proceeding being the certification of the electoral college winner, a necessary step for the electoral college winner to become President.
All of the defendants who have been charded with this crime have sought to have this charge dismissed, arguing in various ways that the terms of the statute did not apply to them, were unconstitutionally vague, etc, but five different judges have rejected the argument (2 Obama and 3 Trump appointees for those keeping score).
In one respect, that charge sounds like weak sauce when compared to a concept like “insurrection.” On the other hand, when the Senate chamber was being evacuated, several quick thinking Senate staffers thought to grab the boxes containing the electoral vote certificates and take them with them as they were evacuated. If not for that, the offical certificates would have been found and destroyed by the mob, and it would have been impossible for Congress to reconvene for the vote count that night. (Similarly, there was a moment where a Capitol Police Officer saw Senator Mitt Romney evacuating the chamber towards the mob and redirected Romney, likely saving his life. If a Senator was murdered that day, would the count have been completed that night?
Monte
Jan 9 2022 at 3:30pm
Pure speculation. This was a disorganized, overzealous mob of patriots who, without a shred of forethought, marched on the capitol seeking to overturn the election by disrupting the joint session of congress assembled to formalize it. They probably wouldn’t have known an electoral vote certificate from a door hanger. And the only murder that took place was that of Ashley Babott.
Really enjoyed your conspiracy theory, though. It would make an excellent plot for a drama.
steve
Jan 8 2022 at 11:05pm
“then certainly what many antifa rioters did against established local governments, which was often much more violent, were insurrections also.”
I am not seeing how some group burning down a store(s) or looting amounts to insurrection. You would have to believe that any instance of breaking the law is the same as revolting against the government.
Anyway, agree that Trump is not especially competent but he is quite good at inspiring his followers and convincing them that he tells the truth.
Steve
Craig
Jan 9 2022 at 12:06am
“I am not seeing how some group burning down a store(s) or looting amounts to insurrection.”
I agree but I do seem to recall a unilateral declaration of an autonomous zone, the CHAZ.
MikeW
Jan 9 2022 at 1:01am
They also tried to burn down a federal courthouse and did destroy a police station.
Michael
Jan 9 2022 at 8:07am
As I understand it, those cases are baing handled in roughly the same way that this one is, at least at the level of criminal charges against those who have been identifed and charged.
There is some difference in severity of offense between the Portland federal courthouse and the Capitol, because the courthouse was burned down at night while closed for business and mostly if not entirely empty, while the assault on the Capitol occurred while virtually the entire legislature of the US was there (500+ people) along with their staffers, a substantial media presence, and some of the legislators’ families. And because the Congress was conducting the offical business of certifying the winner of the 2020 election. Those facts are siginficant in terms of which federal statutes apply.
The William Barr Department of Justice, whom no one would accuse of being too sympathetic towards rioters, invested significant effort in finding, arresting, and charging the Portland rotiers who burned the courthouse, etc, and those prosecutions have (rightly) continued after the change of administrations.
Clint Givens
Jan 9 2022 at 12:12pm
David, you say that people are overestimating Trump’s threat because he is incompetent and intellectually lazy, and thus ineffective at strategizing and achieving his goals. There are two important, related weaknesses that undermine this argument (and should thus lead one to the conclusion that Trump’s threat to democracy is extreme, and quite difficult to overstate).
(1) It conceives of Trump’s personal, and psychologically central, goal of seizing / reclaiming the power and status of the presidency, as being of a piece with his more ephemeral, instrumental, or abstract “goals” (talking points, bluster, whims) such as retaliate against a news outlet or “do something” with foreign policy. He is a self-dealing narcissist, and his personal enrichment and aggrandizement are his only real guiding principles. It’s little wonder he’s not particularly strategic or dogged in pursuing stated aims that are at most incidental to his true purpose — especially aims whose pursuit relies primarily on his managing the federal bureaucracy, which I agree does not play to his strengths at all. (2) In the same vein, it fails to reckon with the actual source of Trump’s effective political power: right-wing media (de facto propaganda outlets) and the loyal base in whom he inspires a cult of personality. He has not sought approval or support from the “mainstream” media, education, or corporate America, because he is much better at inspiring a passionate, popular mass movement and, therefore, intense party loyalty — in part precisely by positioning himself in opposition to these institutions. Combine that with his utter disregard for truth, which you do note (and, I would add, his utter disregard for upholding the law when it doesn’t benefit him) — and it explains the near-miss of January 6, which was in fact a quite strategic — though last-ditch and luckily unsuccessful — coup attempt.
That he was not convicted and barred from office by Republicans in the Senate after Jan 6 is a testament to their cowardice and shortsightedness. He is a dangerous demagogue who has learned much from his first term and would likely not make many of the same strategic “mistakes” if he were to come to power again.
Monte
Jan 10 2022 at 9:36pm
This is in no way a defense of DJT, but I think a little perspective is warranted here.
They are not his only guiding principles, but I agree they are among them.
…or left-wing media and the loyal base in whom Biden inspires a cult of politics (since he lacks personality).
This would be more appropriately posed as a multiple-choice question. Choose the best answer: A. Obama B. Clinton (either) C. Trump D. Biden. E. All of the above.
The FBI has confirmed there was no insurrection on January 6. By any reasonable definition, it was an unlawful riot. Prosecutors have been unable to identify ANY remarks made by former President Trump that authorized this illegal conduct as claimed by some of the rioter’s defense attorneys, notwithstanding the democrat-led Sondergericht’s assertions to the contrary.
Please. This is no less febrile than what we heard from conservatives when Obama occupied the White House.
nobody.really
Jan 10 2022 at 12:43pm
“The deadliest enemies of nations are not their foreign foes; they always dwell within their borders. And from these internal enemies civilization is always in need of being saved. The nation blest above all nations is she in whom the civic genius of the people does the saving day by day, by acts without external picturesqueness; by speaking, writing, voting reasonably; by smiting corruption swiftly; by good temper between parties; by the people knowing true men when they see them, and preferring them as leaders to rabid partisans or empty quacks.
* * *
Democracy is still upon its trial. The civic genius of our people is its only bulwark….
* * *
[Nothing] can save us from degeneration if [two common habits] be lost …. habits so homely that they lend themselves to no rhetorical expression … yet habits more precious, perhaps, than any that the human race has gained. They can never be too often pointed out or praised. One of them is the habit of trained and disciplined good temper towards the opposite party when it fairly wins its innings; and the other, that of fierce and merciless resentment towards every man or set of men who overstep the lawful bounds of fairness or break the public peace.”
William James, Oration upon the Unveiling of the Robert Gould Shaw Monument (May 31, 1897)
nobody.really
Jan 10 2022 at 1:16pm
For what it’s worth, in Bush v. Gore SCOTUS rendered a really weird decision–stopping the recount authorized by the Florida Supreme Court, but then barring lawyers from citing the decision as precedent in future cases–resulting in Bush winning the state (and thus, the election) by about 500 votes.
At the same time, Fla. Stat. § 101.151(3)(a) provided for the first name on the ballot to be the candidate from the governor’s party. Since Republican Jeb Bush was the governor, this resulted in George W. Bush being listed first. And plenty of research has demonstrated that the benefits of the primacy effect would have VASTLY exceeded 500 votes. In other words, if Florida had printed ballots randomly assigning the order of the candidates, Gore probably would have won–all the other irregularities notwithstanding.
(Florida’s ballot-order policy was found unconstitutional in 2018, but the federal 11th Circuit Court of Appeals reversed the finding on a technicality.)
BS
Jan 10 2022 at 1:54pm
Thank you for that. I have over the past years tried to talk a lot of friends and relatives down from their anxiety by arguing that while Trump may have all the terribly anti-democratic instincts they worry about, he has rarely exhibited the will or means to pursue them or appoint a team who would. Republicans in Congress didn’t blindly serve his whim; courts didn’t; the armed forces didn’t.
Peaceful transfer of power hinges mostly on the losers believing they will not be persecuted by the winners. How well is that going?
Andrew Potter writing for Macleans back when Canada had its 2008 tussle in parliament (https://www.macleans.ca/general/two-concepts-of-legitimacy/) discussed “input legitimacy” and “output legitimacy”. The first is rules and process; the latter is perception of fairness or rightness (thus, trust). Rules and process have to buttress trust, not erode it. So a question is, which proposed reforms weaken trust and which strengthen it?
Niko Davor
Jan 11 2022 at 12:08pm
Professor Henderson, first thank you for writing a much for balanced post than I expected to read from this site. Can you address two events related to the topics of this post:
– On October 8, 2020, the FBI announced the arrests of 13 men in the plot to kidnap Michigan Governor Whitmer. Quoting a rather anti-Trump writer from NRO, in January 2022, “It turned out, upon public scrutiny, that so many of the conspirators were federal agents that the idea to kidnap the governor was, for all practical purposes, the Justice Department’s idea.” A not unreasonable take was this was a deliberate October surprise on the part of the FBI, to steer the election in the Democrat’s favor. This is the same FBI that was directly involved in fabricating and propagating the Russia conspiracy theory that plagued most of Trump’s Presidential term in office. You speak of peaceful transition of power, this was anything but. And speaking of January 6, the FBI were heavily involved in that as well, and have been deliberately exploiting that event for nakedly partisan political reasons. From a libertarian perspective, such a corrupt FBI seems a far more serious issue than the guy in the silly shaman viking fur+horns costume taking selfies.
– Twitter and Facebook strangled circulation of news unfavorable to the Democratic Party, particularly so during the 2020 election; this included banning the account of NYPost. Of course, these are private companies, they have broad freedoms to run their own services as they please including banning users at their discretion. However, when the dominant private companies act as a coordinated enforcement arm of the Democratic Party, including sitting members of government, it’s not moral, it is cheating by most definitions of the word, and while it’s hard to prove in court, it’s illegal. I remember Henderson saying that this type of censorship is ineffective and it promotes retaliation. It seems Henderson is wrong that these tactics are ineffective; they seem entirely effective at shifting persuadable voters and these tactics won the election for the Democrats.
David Henderson
Jan 12 2022 at 12:17pm
You wrote:
You’re welcome, Niko.
You wrote:
I think you’re right. Who was the NRO writer?
You wrote:
I think you’re right here too.
You wrote:
That was a big part of my post. It was not peaceful, and that was my upset about the rioters. I agree about the corrupt FBI being a big threat, and the non-answer that the FBI official gave Ted Cruz this week raises my probability that the FBI was involved in January 6. I think you are attacking a straw man, though, by focusing on the guy’s funny costume. That guy had written some pretty ugly death threats, if I recall correctly.
You wrote:
I agree.
You wrote:
I agree that it’s immoral and could be regarded as cheating. I don’t think it’s illegal. What law do you think they violated? Could you regard it as an in-kind contribution to the Democratic campaign? That’s the best I can come up with and I’m skeptical.
You wrote:
I don’t think I ever said that it was ineffective. Can you provide a link to my having said that?
Niko Davor
Jan 13 2022 at 1:28pm
Thank you for the excellent reply, Professor Henderson.
<blockquote>
I don’t think I ever said that it was ineffective. Can you provide a link to my having said that?
</blockquote>
Here is the link followed by a quote: https://www.econlib.org/private-firms-cannot-censor/
<blockquote>
… what Twitter didn’t take account of is the “Streisand Effect.” My guess is that even more people saw the Post article because of Twitter’s thumb on the scale.
</blockquote>
In this quote+post you said that Twitter’s efforts to reduce circulation of the corruption allegations against Joe + Hunter Biden were ineffective and even counter-effective. I disagree. With the benefit of hindsight, those efforts were politically effective.
Your claim that private companies can’t censor and that Twitter did not prevent people from reading the story is entirely semantical. I see what you’re saying, that it is easy for you or I to read the NYPost story, but you are just defining away censorship. The same logic could say that government can’t censor people either. The distinction between private companies and government is often a gray one anyway.
We disagree on the legality: Legality is simply whatever one can get away with with the current legal system. This is called “legal realism” in legal philosophy. What is or isn’t legal changes based on the rulings of judges. In today’s climate, the legal system is not punishing Twitter or Facebook, so in that sense it is legal, until a judge rules otherwise.
Casually, as a lay-person with no serious legal background, our government is engaged in what is reasonably defined as censorship and an intrusion on free speech rights. I’m still enjoying my life as things are. I expect this view to lose in a battle for elite consensus of our legal system.
Lastly, the referenced NRO writer is Dan McLaughlin. I’m not a big fan of his, FWIW.
Michael Rulle
Jan 11 2022 at 5:47pm
Perhaps I can be corrected——but what do we call the 4-year attempt to undo the election of 2016? Does a 4-hour “riot” (is that the same as a protest?) equate to a 4-year smear job against Trump that concluded with 2 impeachment votes for reasons that were completely without merit—i.e., “Russian collusion” and “election interference”–i.e., a phone call with a foreign leader”?
Or since it was legal, everything is just fine—-except maybe it wasn’t legal—as false information was used to justify the actions—-or perhaps when Congress exaggerates–even lies, that is legal–or when the FBI conspires against the president, that too is legal.
I thought protests were legal. Any acts of property destruction should be prosecuted—and any actual threats against persons should also be prosecuted—-except when a protester, unarmed, is shot in the back of the head—A private citizen, a military captain, unarmed.
I will quote the late Bob Dole—where is the outrage?
Ryan M
Jan 12 2022 at 12:10am
In the court of law, precedent is an important concept, as is consistency. A crime cannot be more or less a crime based on the fact that the person who commits it happens to be someone you like or dislike. I say this to preempt the inevitable accusations of “whataboutism” in response to this comment.
When analyzing whether Trump is any sort of particular threat to “our democracy,” I think it is impossible to do so in a vacuum. With respect to literally any of the accusations commonly levied against Trump, a simple question of what his opposition scores on the same scale is often laughable.
Didn’t accept the outcome of the election? Ok? I may disagree with Trump, though I think some of his concerns regarding fraud are credible (and have been entirely ignored by our press, while democrats seek to make them permanent features), but is this a threat to our democracy? Stacy Abrams still claims that her loss was invalid, as does Al Gore, as does Hillary Clinton. Democrats spent the entire 4 years of Trump’s presidency acting on the premise that his election was invalid – i.e. not accepting the outcome of the election, and even impeaching him as a result of that quest. But Trump’s refusal to accept the outcome is a threat to our democracy? My goodness, if that’s a threat to our democracy, we don’t have any democracy to protect, do we?
The January 6 riots?? Seriously?? No mention of BLM and Antifa activity? No mention of the actual violence that is not simply “incited” but is actively encouraged by sitting Democrats? Again, the actions of Trump’s supporters may very well have been unwise. We should reject that sort of activity from our side; we should condemn it (though we should be outraged at the holding – for an entire year! – of what are effectively political prisoners while far worse activity on the left results in nothing more than a hand-slap). But a threat to our democracy? Again, context is important.
I don’t like Trump. I hope he doesn’t run again. I wish he would just go away. But he is very, very far from anything even approaching a threat to our democracy. As are even the craziest of his followers.
David Henderson
Jan 12 2022 at 12:06pm
I basically agree with everything you wrote above.
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