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Adam Kinzinger: Kevin McCarthy Is the Man to Blame

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › adam-kinzinger-renegade-prodemocracy-republicans › 675846

Adam Kinzinger, the former Republican congressman from Illinois, is best known for his service on the congressional committee that investigated the January 6 insurrection. He and Liz Cheney were the only two Republicans on that committee, and completely noncoincidentally, neither one is in Congress today. The new speaker of the House, Mike Johnson, is more typical of the House Republican caucus: He was a leader of the election deniers.

In his new book, Renegade: Defending Democracy and Liberty in Our Divided Country, Kinzinger details his manifold struggles: with his conscience, with his ambition, and, ultimately, with the Republicans who attempted to subvert the Constitution. A six-term congressman and an Air Force veteran, Kinzinger today is chastened but still somewhat hopeful—not hopeful about the short-term future of the Republican Party, but hopeful that pro-democracy voters are still sufficient in number to turn back the authoritarians.

I first met Kinzinger in 2014, when we were both members of the late Senator John McCain’s delegation to the Munich Security Conference. Also in that delegation were Senator Lindsey Graham and then-Representative Mike Pompeo, who later became Donald Trump’s CIA director and secretary of state.

[Peter Wehner: The man who refused to bow]

What follows is an edited and condensed transcript of a conversation I had with Kinzinger earlier this month on stage at the Democracy360 conference, sponsored by the Karsh Institute at the University of Virginia. We started by talking about that now-unlikely constellation of Republicans: Kinzinger, McCain, Graham, and Pompeo.

Jeffrey Goldberg: You guys were all in the same camp, the muscular internationalist Republicans. Two of you went one way, and two of you went another way. What happened?

Adam Kinzinger: Craven politics, craven power—that’s what it is. This is something I still try to grapple with every day, when I look back on January 6. I always thought everybody had a red line. Like, okay, we can play politics to a point, but there’s a red line we'll never cross. I’ve learned that’s not the case.

I’d say [we] are all still probably for a muscular foreign policy. The difference, though, between people that went one way or another is the recognition that U.S. foreign policy also means we have to have a healthy democracy at home, and that democracy-building overseas is fine, but having a strong democracy here, where people have faith in the voting system and faith that whoever gets the most votes will win, is just as important.

I think there are unfortunately too many people that got into the Trump sphere, that it  just became about power, identity, and not looking at the broader picture of your impact in this world.

Goldberg: So I want to stay on this for a while because I want you to name names.

Kinzinger: I can name names for an hour. A couple off the top of my head: One of the ones I’m most disappointed in generally is [former House Speaker] Kevin McCarthy, because I always thought that McCarthy had some version of a political soul. And I’ve come to realize that to him it was all about just the attainment of power. Somebody like Ted Cruz never surprised me. He’s always been a charlatan. But Lindsey Graham has also been a big disappointment to me, because I’ve traveled with Lindsey, leading congressional-delegation trips around the world. I always thought he and I were eye to eye on a lot of these foreign-policy issues. And to watch him so closely adopt and closely support Donald Trump, when Trump was doing exactly what Graham was preaching against just prior to Trump’s arrival on the scene, was a pretty disappointing moment.

[Read: ‘We put sharp knives on the hands of children’]

During this speaker fiasco, I would listen to names during the roll call, people like Mike McCaul, people like Mike Gallagher, and hear them say the name Jim Jordan and know, for a fact, they have no respect for Jim Jordan. But it’s all about that determination to survive politically. I have come to learn that people fear losing their identity and losing their tribe more than they come to fear death.

Goldberg: You saw Lindsey Graham throughout this process. What were conversations like? Did you ever just say, “Lindsey, what are you doing?”

Kinzinger: Yeah, absolutely. And, you know, our relationship hasn’t been that strong in the last few years, obviously. So I can’t say there were recent conversations, but it would just be like, “What’s going on? So Donald Trump did this thing. Why are you okay with that?”

People have given so much of their soul, of their values. They’ve compromised so much that at some point to stop compromising, or to recognize that this is a mistake and you need to correct course, would be an indictment against who you are and what you have done for the last four or five years. And I think Lindsey has been a victim of that. He liked the idea of being in the room with Donald Trump.

And I will tell you, I’ve met with Donald Trump a number of times; he is actually one of the most fun people to meet with, because he’s crazy, but it’s like a fun crazy. And he’s really good at drawing you in and making you feel seen at that moment, because he knows how to manipulate you. And it works perfectly with Lindsey. Lindsey says, “Now I have a seat at the table. I care about foreign policy.” But what he didn’t realize is that bargain came with selling who he was as a person.

Goldberg: If John McCain hadn’t died, would Graham have gone over?

Kinzinger: I don’t think so. I think Lindsey Graham needs a strong person to  mentor him or carry him, and it was John McCain. And when John McCain passed, the next guy, the strongman that Lindsey Graham was drawn to, was Donald Trump.

Goldberg: You got to Congress when the Republican Party is still the Republican Party you imagined it to be. One question that people like you always get is: Were you kidding yourself the whole time, or did something actually change?

Kinzinger: Looking back, I can say, “Oh, yeah, there were signs from the very beginning,” but I was part of the moderate Republicans, who constantly had this optimistic view that the Republican Party was this thing of smaller government, hope, opportunity, strong national defense, that kind of stuff. And I always just saw these elements of crazy nationalism, of authoritarianism, of racism exist in the party, but it’s a battle. And I’m fighting on the good side here to try to save the party. And then when Donald Trump came, we lost that fight.

I think the moment I started to realize, like, Okay, we have lost, was January 6. Before that point, I thought, Donald Trump is going to lose; people are going to wake up. Even on January 6 I said, “People are definitely going to wake up now.”

Now, with the benefit of time and looking back, I can say, “You know what? Those strains were there.” Some of them were hidden because it was not yet socially acceptable to say things like “Let’s throw out the Constitution.” I hear a lot of people say “You’re naive, because the Republican Party’s always been this way.” And inevitably those are people on the left that have always had a bad view of the GOP. I understand the viewpoint, but I don’t think that’s correct. I think there were a lot of really good factions in the GOP.

Goldberg: Explain the psychology there. What motivates this outburst of anger on the part of the voters that led to Trump’s triumph?

Kinzinger: I think the resentment came from Fox News and the right-wing-media echo chamber. Why do I say that? So this is something I take a lot of personal blame for being part of as well, although I think I did better than most.

In 2010, we learned that fear is the best way to raise money ever. If I send you an email and it says, “Dear Jeffrey, I want to lower tax rates and we need some help, blah, blah, blah,” you may give me money. But if I send you an email and it says, “Nancy Pelosi is trying to murder you and your family,” and in essence, I convince you that I’m the only thing standing between you and the life of you or your family, you’ll part with anything, including a significant part of your fixed income from Social Security. So in 2010, we learned this. And instead of using that kind of fire in a controlled way like politicians do, sometimes we let it burn. There was always this fire going, and we stoked it too far.

Goldberg: How do you reach people who haven’t been reached, to change their minds? There’s 30, 35 percent of the voters who are hard-core.

Kinzinger: Well, if the January 6 committee didn’t do it and the people still believe the scandals, I’m not sure that 35 percent can be turned on a dime today. But here’s the two things we can do. We can convince their children. You would be amazed how many children have a different viewpoint than their parents, and how they can pull their parents off the ledge. I did that with my parents when I got elected. My dad would call, and he’s watching Fox News all the time. And I finally said, “Dad, I’m in the middle of this and I don’t have near the stress you do, and you can’t even see the difference. Right?” And he’s like, “You know what? You’re right.”

The other thing is, if only every one of those people running against Donald Trump in the primary would tell the dang truth, people would actually believe it. Donald Trump gets indicted with all these different indictments and then they ask, you know, ‘What do you think, Tim Scott?” “What do you think, Nikki Haley?” “What do you think, Vivek Ramaswamy? What are your feelings on these indictments?” But every one of those people say this is a witch hunt.

Goldberg: I appreciate the view. I’m not sure I believe you, though. The truest thing that Donald Trump ever said was that he could shoot somebody in the middle of Fifth Avenue and his followers would still support him. It seems like he understood something elemental there.

Kinzinger: I guess I would caveat that. I don’t necessarily believe, if Nikki Haley alone came out and said it, that it would be game over for Donald Trump. I think this is a specific moment where if all these people told the base the truth, they could damage his support significantly.

Goldberg: Stay on this question of Trump and Trumpism. Who do you blame for his return?

Kinzinger: One person: Kevin McCarthy. And I’m going to tell you exactly why. So there was a period after January 6 for two or three weeks. It was quiet. And we’d meet in a room with all the Republican men and women of Congress. Kevin would stand up, all that stuff—if you’re in the room, you could sense there was this trepidation in the room about, like, “We don’t know what’s next. We don’t know where we’re going. What are we supposed to do?” Until the day Kevin McCarthy showed up with a picture of Donald Trump. And just like that, everything changed.

[David Frum: Kevin McCarthy, have you no sense of decency?]

Goldberg: You’re talking about his visit to Mar-a-Lago.

Kinzinger: His visit to Mar-a-Lago. Those of us that voted for impeachment were leading the charge against Donald Trump. People were actually coming up to us and asking us, “How do I do this?” We were talking about “How do we get the downtown PAC community to only support those that are pro-democracy?” We were going to set up our own scoring and vetting system to say This person voted against certification; this person voted for it, and only give money to the people that voted for it. And you think about the power that could have had.

Then that picture happened in Mar-a-Lago, and all of a sudden we went from considering doing a vote of no confidence against Kevin McCarthy because of his role in January 6 to a point where everybody turned against me, Liz Cheney, and the others that voted to impeach, all because of that picture.

Goldberg: So you must be at least a little bit happy about Kevin McCarthy’s downfall.

Kinzinger: I’m very happy about it. I’m very happy. I’ve got to be honest. I’m sorry. It’s not great for the country, but it’s really good.

Goldberg: You’re describing Kevin McCarthy as a person who went along with the radical pro-Trump, anti-democracy right and then he eventually got eaten by them.

Kinzinger: This dynamic to an extent has always existed. It would be people like me fighting against the Jim Jordans, but it was behind the scenes. Now it’s brought out to the open because for the first time you now see the people like me—I will call them the moderates, even though there’s really no moderates left. The moderates are finally standing up and fighting back with some of the tactics that Matt Gaetz and Jim Jordan used.

Why is it that terrorists are so powerful? Because they’re willing to do something that most other people aren’t: you know, commit an act of terror if you’re a legislative terrorist, like John Boehner called Jim Jordan very accurately, and he’s willing to vacate the chair or Matt Gaetz is willing to vacate the chair. They’re powerful unless people push back. And that’s what’s happening. How does a Kevin McCarthy get to this point? A man who I thought had a red line, I always thought he was a very good politician and that he could play around the edges, but he wouldn’t cross [the line]. And in January, he cut a deal that made what happened a few weeks ago completely obvious. Everybody knew this would happen. That’s how we’ve gotten to where we are. And this is a moment where the Republican Party either will collapse in a heap of fire or they will actually fix themselves somehow through this.

The country needs a healthy Republican Party regardless of what you feel about the Republican Party, because we need a liberal and a conservative philosophy competing in the United States. That’s what a healthy democracy is.

Goldberg: Does Trumpism survive Trump?

Kinzinger: Five months ago, if we were sitting here and you said, “Does it survive past Trump?” I’d be like, absolutely. Because Trumpism has now been learned by others. But I’m starting to play with the idea that maybe enough Republicans are starting to get exhausted of Trump and maybe Trumpism doesn’t survive. Donald Trump got elected in front of a wave of people that wanted to break the system. But there is an undercurrent right now of people that are desperate to fix and heal the system. And when that right person comes along, like an Obama-type character, I think that may revolutionize the future, but I’m not sure.

Goldberg: Can you imagine yourself back in Congress as a Republican?

Kinzinger: That’s two different questions. Could I imagine myself back in the House? No. Could I imagine myself back in politics? Yes. Could I imagine myself back in politics as a Republican? Not in the current environment.

Goldberg: In other words, do you think that the fever would break to a point where the Republican Party would be a different party and have you back?

Kinzinger: I think someday; I just don’t know when that’s going to be. And it’s not now. I think if I ran as a Republican now, I wouldn’t do too well.

Goldberg: Are you still a Republican?

Adam Kinzinger: It’s an interesting question. I will not vote Republican. I voted Democratic last election. I intend to vote Democratic this election, not because I’ve changed my mind necessarily—I’ve moderated, you know, quite a bit—but because I think it is a binary choice. Do you like democracy or don’t you like democracy? And I think that the only thing we can vote on in 2024 is democracy. So I’m not giving up the title Republican yet, because I haven’t changed. They have. And I refuse to give them that satisfaction yet. But I feel like a man without a party.

Goldberg: Why do your colleagues want to stay in Congress so badly?

Kinzinger: I don’t know.

Goldberg: It doesn’t look like the greatest job.

Kinzinger: It’s not the greatest job. But, okay, when you walk into a room for five or 10 years and no matter what room you walk in, unless it’s the White House, you are the center of attention because you’re the highest-ranking person there and you’ve spent your whole life to attain this job—a lot of my colleagues spent everything to become that. Losing that freaks you out. As somebody that announced I wasn’t running again, the thing you fear the most is how do I feel the second after I put out that press release?

My co-pilot in Iraq sent me a text that said, “I’m ashamed to have ever served with you.” I had family that sent me a certified letter saying they’re ashamed to share my last name, that I was working for the devil. I used to laugh about it 10 months ago, but I’ve really allowed myself to accept what damage that’s done to me and my family. It’s not easy to go through. But I’m going to tell you, I have 0.0 percent regret for what I did, and I would do it all the exact same again.

Whatever Happened to Carpal Tunnel Syndrome?

The Atlantic

www.theatlantic.com › technology › archive › 2023 › 10 › carpal-tunnel-syndrome-prevalence › 675803

Diana Henriques was first stricken in late 1996. A business reporter for The New York Times, she was in the midst of a punishing effort to bring a reporting project to fruition. Then one morning she awoke to find herself incapable of pinching her contact lens between her thumb and forefinger.

Henriques’s hands were soon cursed with numbness, frailty, and a gnawing ache she found similar to menstrual cramps. These maladies destroyed her ability to type—the lifeblood of her profession—without experiencing debilitating pain.

“It was terrifying,” she recalls.

Henriques would join the legions of Americans considered to have a repetitive strain injury (RSI), which from the late 1980s through the 1990s seized the popular imagination as the plague of the modern American workplace. Characterized at the time as a source of sudden, widespread suffering and disability, the RSI crisis reportedly began in slaughterhouses, auto plants, and other venues for repetitive manual labor, before spreading to work environments where people hammered keyboards and clicked computer mice. Pain in the shoulders, neck, arms, and hands, office drones would learn, was the collateral damage of the desktop-computer revolution. As Representative Tom Lantos of California put it at a congressional hearing in 1989, these were symptoms of what could be “the industrial disease of the information age.”

By 1993, the Bureau of Labor Statistics was reporting that the number of RSI cases had increased more than tenfold over the previous decade. Henriques believed her workplace injury might have had a more specific diagnosis, though: carpal tunnel syndrome. Characterized by pain, tingling, and numbness that results from nerve compression at the wrist, this was just one of many conditions (including tendonitis and tennis elbow) that were included in the government’s tally, but it came to stand in for the larger threat. Everyone who worked in front of a monitor was suddenly at risk, it seemed, of coming down with carpal tunnel. “There was this ghost of a destroyed career wandering through the newsroom,” Henriques told me. “You never knew whose shoulder was going to feel the dead hand next.”

But the epidemic waned in the years that followed. The number of workplace-related RSIs recorded per year had already started on a long decline, and in the early 2000s, news reports on the modern plague all but disappeared. Two decades later, professionals are ensconced more deeply in the trappings of the information age than they’ve ever been before, and post-COVID, computer use has spread from offices to living rooms and kitchens. Yet if this work is causing widespread injury, the evidence remains obscure. The whole carpal tunnel crisis, and the millions it affected, now reads like a strange and temporary problem of the ancient past.

[Read: Yes, the pandemic is ruining your body]

So what happened? Was the plague defeated by an ergonomic revolution, with white-collar workers’ bodies saved by thinner, light-touch keyboards, adjustable-height desks and monitors, and Aeron chairs? Or could it be that the office-dweller spike in RSIs was never quite as bad as it seemed, and that the hype around the numbers might have even served to make a modest problem worse, by spreading fear and faulty diagnoses?

Or maybe there’s another, more disturbing possibility. What if the scourge of RSIs receded, but only for a time? Could these injuries have resurged in the age of home-office work, at a time when their prevalence might be concealed in part by indifference and neglect? If that’s the case—if a real and pervasive epidemic that once dominated headlines never really went away—then the central story of this crisis has less to do with occupational health than with how we come to understand it. It’s a story of how statistics and reality twist around and change each other’s shape. At times they even separate.

The workplace epidemic was visible only after specific actions by government agencies, employers, and others set the stage for its illumination. This happened first in settings far removed from office life. In response to labor groups’ complaints, the Occupational Safety and Health Administration began to look for evidence of RSIs within the strike-prone meatpacking industry—and found that they were rampant.

Surveillance efforts spread from there, and so did the known scope of the problem. By 1988, OSHA had proposed multimillion-dollar fines against large auto manufacturers and meatpacking plants for underreporting employees’ RSIs; other businesses, perhaps spooked by the enforcement, started documenting such injuries more assiduously. Newspaper reporters (and their unions) took up the story, too, noting that similar maladies could now be produced by endless hours spent typing at the by-then ubiquitous computer keyboard. In that way, what had started playing out in government enforcement actions and statistics morphed into a full-blown news event. The white-collar carpal tunnel crisis had arrived.

In the late 1980s, David Rempel, an expert in occupational medicine and ergonomics at UC San Francisco, conducted an investigation on behalf of California’s OSHA in the newsroom of The Fresno Bee. Its union had complained that more than a quarter of the paper’s staff was afflicted with RSIs, and Rempel was there to find out what was wrong.

The problem, he discovered, was that employees had been given new, poorly designed computer workstations, and were suddenly compelled to spend a lot of time in front of them. In the citation that he wrote up for the state, Rempel ordered the Bee to install adjustable office furniture and provide workers with hourly breaks from their consoles.

A computer workstation at The Fresno Bee in 1989 (Courtesy of David Rempel)

Similar injury clusters were occurring at many other publications, too, and reporters cranked out stories on the chronic pain within their ranks. More than 200 editorial employees of the Los Angeles Times sought medical help for RSIs over a four-year stretch, according to a 1989 article in that newspaper. In 1990, The New York Times published a major RSI story—“Hazards at the Keyboard: A Special Report”—on its front page; in 1992, Time magazine ran a major story claiming that professionals were being “Crippled by Computers.”

But ergonomics researchers like Rempel would later form some doubts about the nature of this epidemic. Research showed that people whose work involves repetitive and forceful hand exertions for long periods are more prone to developing carpal tunnel syndrome, Rempel told me—but that association is not as strong for computer-based jobs. “If there is an elevated risk to white-collar workers, it’s not large,” he said.

[Read: Chronic pain is an impossible problem]

Computer use is clearly linked to RSIs in general, however. A 2019 meta-analysis in Occupational & Environmental Medicine found an increased risk of musculoskeletal symptoms with more screen work (though it does acknowledge that the evidence is “heterogeneous” and doesn’t account for screen use after 2005). Ergonomics experts and occupational-health specialists told me they are certain that many journalists and other professionals did sustain serious RSIs while using 1980s-to-mid-’90s computer workstations, with their fixed desks and chunky keyboards. But the total number of such injuries may have been distorted at the time, and many computer-related “carpal tunnel” cases in particular were spurious, with misdiagnoses caused in part by an unreliable but widely used nerve-conduction test. “It seems pretty clear that there wasn’t a sudden explosion of carpal tunnel cases when the reported numbers started to go up,” Leslie Boden, an environmental-health professor at the Boston University School of Public Health, told me.

Such mistakes were probably driven by the “crippled by computers” narrative. White-collar workers with hand pain and numbness might have naturally presumed they had carpal tunnel, thanks to news reports and the chatter at the water cooler; then, as they told their colleagues—and reporters—about their disabilities, they helped fuel a false-diagnosis feedback loop.

It’s possible that well-intentioned shifts in workplace culture further exaggerated the scale of the epidemic. According to Fredric Gerr, a professor emeritus of occupational and environmental health at the University of Iowa, white-collar employees were encouraged during the 1990s to report even minor aches and pains, so they could be diagnosed—and treated—earlier. But Gerr told me that such awareness-raising efforts may have backfired, causing workers to view those minor aches as harbingers of a disabling, chronic disease. Clinicians and ergonomists, too, he said, began to lump any pain-addled worker into the same bin, regardless of their symptoms’ severity—a practice that may have artificially inflated the reported rates of RSIs and caused unnecessary anxiety.

Henriques, whose symptoms were consistent and severe, underwent a nerve-conduction test not long after her pain and disability began; the result was inconclusive. She continues to believe that she came down with carpal tunnel syndrome as opposed to another form of RSI, but chose not to receive surgery given the diagnostic uncertainty. New York Times reporters with RSIs were not at risk of getting fired, as she saw it, but of ending up in different roles. She didn’t want that for herself, so she adapted to her physical limitations, mastering the voice-to-text software that she has since used to dictate four books. The most recent came out in September.

As it happens, a very similar story had played out on the other side of the world more than a decade earlier.

Reporters in Australia began sounding the alarm about the booming rates of RSIs among computer users in 1983, right at the advent of the computer revolution. Some academic observers dismissed the epidemic as the product of a mass hysteria. Other experts figured that Australian offices might be more damaging to people’s bodies than those in other nations, with some colorfully dubbing the symptoms “kangaroo paw.” Andrew Hopkins, a sociologist at the Australian National University, backed a third hypothesis: that his nation’s institutions had merely facilitated acknowledgement—or stopped suppressing evidence—of what was a genuine and widespread crisis.

“It is well known to sociologists that statistics often tell us more about collection procedures than they do about the phenomenon they are supposed to reflect,” Hopkins wrote in a 1990 paper that compared the raging RSI epidemic in Australia to the relative quiet in the United States. He doubted that any meaningful differences in work conditions between the two nations could explain the staggered timing of the outbreaks. Rather, he suspected that different worker-compensation systems made ongoing epidemics more visible, or less, to public-health authorities. In Australia, the approach was far more labor-friendly on the whole, with fewer administrative hurdles for claimants to overcome, and better payouts to those who were successful. Provided with this greater incentive to report their RSIs, Hopkins argued, Australian workers began doing so in greater numbers than before.

Then conditions changed. In 1987, Australia’s High Court decided a landmark worker-compensation case involving an RSI in favor of the employer. By the late 1980s, the government had discontinued its quarterly surveillance report of such cases, and worker-comp systems became more hostile to them, Hopkins said. With fewer workers speaking out about their chronic ailments, and Australian journalists bereft of data to illustrate the problem’s scope, a continuing pain crisis might very well have been pushed into the shadows.

Now it was the United States’ turn. Here, too, attention to a workplace-injury epidemic swelled in response to institutional behaviors and incentives. And then here, too, that attention ebbed for multiple reasons. Improvements in workplace ergonomics and computer design may indeed have lessened the actual injury rate among desk workers during the 1990s. At the same time, the growing availability of high-quality scanners reduced the need for injury-prone data-entry typists, and improved diagnostic practices by physicians reduced the rate of false carpal tunnel diagnoses. In the blue-collar sector, tapering union membership and the expansion of the immigrant workforce may have pushed down the national number of recorded injuries, by making employees less inclined to file complaints and advocate for their own well-being.

But America’s legal and political climate was shifting too. Thousands of workers would file lawsuits against computer manufacturers during this period, claiming that their products had caused injury and disability. More than 20 major cases went to jury trials—and all of them failed. In 2002, the Supreme Court ruled against an employee of Toyota who said she’d become disabled by carpal tunnel as a result of working on the assembly line. (The car company was represented by John Roberts, then in private appellate-law practice.) Meanwhile, Republicans in Congress managed to jettison a new set of OSHA ergonomics standards before they could go into effect, and the George W. Bush administration ended the requirement that employers separate out RSI-like conditions in their workplace-injury reports to the government. Unsurprisingly, recorded cases dropped off even more sharply in the years that followed.

[Read: When the computer mouse was new]

Blue-collar workers in particular would be left in the lurch. According to M. K. Fletcher, a safety and health specialist at the AFL-CIO, many laborers, in particular those in food processing, health care, warehousing, and construction, continue to suffer substantial rates of musculoskeletal disorders, the term that’s now preferred over RSIs. Nationally, such conditions account for an estimated one-fifth to one-third of the estimated 8.4 million annual workplace injuries across the private sector, according to the union’s analysis of Bureau of Labor Statistics reports.

From what experts can determine, carpal tunnel syndrome in particular remains prevalent, affecting 1 to 5 percent of the overall population. The condition is associated with multiple health conditions unrelated to the workplace, including diabetes, age, hypothyroidism, obesity, arthritis, and pregnancy. In general, keyboards are no longer thought to be a major threat, but the hazards of repetitive work were always very real. In the end, the “crippled by computers” panic among white-collar workers of the 1980s and ’90s would reap outsize attention and perhaps distract from the far more serious concerns of other workers. “We engage in a disease-du-jour mentality that is based on idiosyncratic factors, such as journalists being worried about computer users, rather than prioritization by the actual rate and the impact on employment and life quality,” Gerr, the occupational- and environmental-health expert at the University of Iowa, told me.

As for today’s potential “hazards at the keyboard,” we know precious little. Almost all of the research described above was done prior to 2006, before tablets and smartphones were invented. Workplace ergonomics used to be a thriving academic field, but its ranks have dwindled. The majority of the academic experts I spoke with for this story are either in the twilight of their careers or they’ve already retired. A number of the researchers whose scholarship I’ve reviewed are dead. “The public and also scientists have lost interest in the topic,” Pieter Coenen, an assistant professor at Amsterdam UMC and the lead author of the meta-analysis from 2019, told me. “I don’t think the problem has actually resolved.”

So is there substantial risk to workers in the 2020s from using Slack all day, or checking email on their iPhones, or spending countless hours hunched at their kitchen tables, typing while they talk on Zoom? Few are trying to find out. Professionals in the post-COVID, work-from-home era may be experiencing a persistent or resurgent rash of pain and injury. “The industrial disease of the information age” could still be raging.

The Polite Zealotry of Mike Johnson

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › polite-zealotry-mike-johnson › 675845

This story seems to be about:

In an interview last week on Fox News, the newly elected speaker of the House, Mike Johnson, told host Sean Hannity, “Someone asked me today in the media, ‘People are curious, what does Mike Johnson think about any issue under the sun?’ I said, ‘Well, go pick up a Bible off your shelf and read it. That’s my worldview.’”

For many politicians, that would be a throwaway line. But not for Mike Johnson. When he told a Baptist newspaper in 2016, “My faith informs everything I do,” he meant it. His faith is his lodestar.

But faith, including the Christian faith, manifests itself in many different ways, with a wide range of presuppositions and perspectives. There is no single worldview among Christians—nor in the Bible itself, which is multivocal, written over thousands of years by dozens of different writers. Christians today disagree profoundly on countless doctrinal issues. And does any serious student of Scripture not see differences between the worldview of the Pentateuch and the prophets, between the slaughter of the Canaanites and the Sermon on the Mount?

So what do we know about the faith and the worldview of Mike Johnson?

Johnson, 51, has deep ties to the Southern Baptist Convention, the nation’s largest Protestant denomination. He believes in a literal reading of the Bible, including the Book of Genesis. Johnson is a close friend of Ken Ham, the CEO and founder of Answers in Genesis, and provided legal services to that ministry in 2015.

[Joshua Benton: Where is Mike Johnson’s ironclad oath?]

Answers in Genesis rejects evolution and believes that the universe is 6,000 years old; to believe anything else would be to undermine the authority of the Bible. “We’re not just about creation/evolution, the age of the Earth or fossils,” Ham told Johnson and his wife, Kelly, on their podcast. “We’re really on about the authority of the Word of God and the Gospel of Jesus Christ and helping equip people to have a true Christian worldview.” Johnson is enthusiastically on board; he has suggested that school shootings are the result of having taught generations of Americans “that there’s no right or wrong, that it’s about survival of the fittest, and you evolve from the primordial slime.”

Johnson wants churches to be more politicized; he favors overturning the 1954 Johnson Amendment, which prevents churches from engaging in any political campaign activity if they want to keep their tax-exempt status. He also believes that churches are unceasingly under assault, and that Christian viewpoints “are censored and silenced.”

In the 2000s, Johnson was an attorney and spokesman for the Alliance Defense Fund, known today as Alliance Defending Freedom. It describes itself as “one of the leading Christian law firms committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life.” Johnson has written in favor of criminalizing gay sex. He has called abortion a “holocaust.” And he argued that “prevailing judicial philosophy” in the 2005 right-to-die case involving Terri Schiavo, a severely brain-damaged Florida woman, was “no different than Hitler’s.”

“Some people are called to pastoral ministry and others to music ministry,” he’s said. “I was called to legal ministry, and I’ve been out on the front lines of the ‘culture war.’”

He has surely been that.

But in order to better understand Johnson’s worldview, it’s important to recognize the influence of David Barton on the new House speaker.

In 2021, Johnson spoke at a gathering where he praised Barton. Barton, while not well known outside of certain evangelical and fundamentalist circles, is significant within them. A graduate of Oral Roberts University with a degree in Christian education, Barton is the former vice chair of the Texas Republican Party and has advised figures including Mike Huckabee, Newt Gingrich, and former Representative Michele Bachmann. He considers Donald Trump one of the five greatest presidents in American history.

Johnson said he was introduced to Barton’s work a quarter of a century ago; it “has had such a profound influence on me and my work and my life and everything I do.” By all accounts that is true. If you listen to Johnson speak on the “so-called separation of Church and state” and claim that “the Founders wanted to protect the church from an encroaching state, not the other way around,” you will hear echoes of Barton.  

Although not a historian, Barton has for years been engaged in what he calls “historical reclamation,” by which he means showing that the Founders, including Thomas Jefferson, were Christian men determined to create a Christian nation. In 1988 he founded Wallbuilders, an organization that promotes the idea that the separation of Church and state is a myth.

“It’s really hard to overstate the influence that Barton has had in conservative evangelical spaces,” the Calvin University historian Kristin Kobes Du Mez, the author of Jesus and John Wayne: How White Evangelicals Corrupted a Faith and Fractured a Nation, told Politico. “For them, he has really defined America as a Christian nation.”

“What that means is that he kind of takes conservative, white evangelical ideals from our current moment, and says that those were all baked into the Constitution, and that God has elected America to be a special nation, and that the nation will be blessed if we respond in obedience and maintain that, and not if we go astray,” she continued. “It really fuels evangelical politics and the idea that evangelicalism has a special role to play to get the country back on track.”

“David Barton is a political propagandist, he’s a Christian-right activist who cherry picks from the past to promote political agendas in the present, to paint a picture of America’s history as evangelicals would like it to be,” John Fea, the chair of the history department at the evangelical Messiah University, told NBC News. “Mike Johnson comes straight out of that Christian-right world, where Barton’s ideas are highly influential. It’s the air they breathe.”

In 2012, Barton wrote The Jefferson Lies: Exposing the Myths You’ve Always Believed About Thomas Jefferson. Among other things, he argued that Jefferson was a “conventional Christian” despite the fact that Jefferson questioned many of the core tenets of Christianity. Martin Marty, a historian of religion, said it would have been better titled “Barton’s Lies about Jefferson.” “As a piece of historical scholarship, the book is awful,” the Wheaton historian Tracy McKenzie wrote, deeming it “relentlessly anti-intellectual.” The book was so riddled with historical inaccuracies that it was recalled by its Christian publisher, Thomas Nelson, because “basic truths just were not there.”

But Barton’s distorted views are hardly confined to history. He has said he doesn’t think medical authorities will ever find a vaccine for HIV/AIDS. This view is “based on a particular Bible verse,” Romans 1:27. He believes that AIDS is God’s punishment for sin; an AIDS vaccine would keep “your body from penalizing you”—which would be contrary to the teaching of the word of God. QED, though with a certain cruel twist.

Mike Johnson’s ascension to the speakership has made Barton and those within that evangelical subculture giddy; they know Johnson is one of them. This is the first time “in our lifetime” that Congress has appointed “a guy of this character, this commitment, this knowledge, this experience and this devout faith” as House speaker, Barton said on a podcast. He also said that he’s spoken with Johnson’s team, “talking with them about staff.”

“They need to be the people with his worldview,” Barton said. He added that Johnson will “make you smile before he hits you in the mouth so he won’t bloody your lips when he breaks your teeth.”

“I am a rule-of-law guy,” Mike Johnson told Sean Hannity last week. Elsewhere, according to The New York Times, he’s complained to student groups, “There’s no transcendent principles anymore. There’s no eternal judge. There’s no absolute standards of right and wrong. All this is exactly the opposite of the way we were founded as a country.”

At the same time, Johnson has been a pivotal figure in undermining the rule of law—specifically trying to overturn the 2020 presidential-election results. In a carefully reported story on the 139 House Republicans who voted to dispute the Electoral College count, three New York Times reporters wrote, “In formal statements justifying their votes, about three-quarters relied on the arguments of a low-profile Louisiana congressman, Representative Mike Johnson, the most important architect of the Electoral College objections.”

Johnson also collected signatures for a legal brief in support of a groundless Texas lawsuit to throw out the results in four battleground states won by Joe Biden.

According to a report in the Times, Johnson “sent an email to his Republican colleagues soliciting signatures for the legal brief in support of it. The initiative had been personally blessed by Mr. Trump, Mr. Johnson wrote, and the president was ‘anxiously awaiting’ to see who in Congress would step up to the plate to defend him.”

Johnson also claimed in a radio interview that a software system used for voting was “suspect because it came from Hugo Chávez’s Venezuela.” According to Johnson, “The allegations about these voting machines, some of them being rigged with this software by Dominion. Look, there’s a lot of merit to that.”

“The fix was in,” according to Johnson.

Actually, it was not. A statement by Trump’s Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, which is responsible for helping states secure the voting process, declared that the 2020 election was “the most secure in American history.” Not been a single finding has refuted that claim, but many have confirmed it.  

A report by a group of lifelong Republicans took a careful look at the charges by Trump and his supporters. It showed the election was lost by Trump, not stolen from him. In coming to that conclusion, it examined every count of every case brought in six battleground states.

“Even now, twenty months after the election”—the report came out in July 2022—“a period in which Trump’s supporters have been energetically scouring every nook and cranny for proof that the election was stolen, they come up empty. Claims are made, trumpeted in sympathetic media, and accepted as truthful by many patriotic Americans. But on objective examination they have fallen short, every time.”

We now know, too, that time and time again Trump’s own staff refuted his various allegations of voter fraud.

[David A. Graham: The House Republicans’ troubling new litmus test]

So in Speaker Johnson we have a man whose Christian worldview has led him into a hall of mirrors—historically, scientifically, legally, and constitutionally. A “rule-of-law guy” who laments a lack of “absolute standards of right and wrong” was a key participant in undermining the rule of law and has been a steadfast defender of Donald Trump, who has done so much to shatter absolute standards of right and wrong.

From what I can tell, Mike Johnson—unlike, say, Kevin McCarthy and Elise Stefanik, or J. D. Vance and Lindsey Graham—is not cynical; he seems to be a true believer, and a zealot. A polite and mild-mannered zealot, to be sure, especially by MAGA standards, but a zealot nonetheless. And what makes this doubly painful for many of us is that he uses his Christian faith to sacralize his fanaticism and assault on truth. I can’t help thinking this isn’t quite what Jesus had in mind.

Stop Asking Americans in Diners About Foreign Aid

The Atlantic

www.theatlantic.com › newsletters › archive › 2023 › 10 › the-diner-trap › 675841

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

Americans don’t understand foreign aid. Instead of relying on misinformed citizens, we should demand better answers from national leaders who want to cut aid to our friends and allies and imperil American security.

First, here are four new stories from The Atlantic:

Nasal congestion is far weirder than you might think. What Matthew Perry knew about comedy Capitalism has plans for menopause. What financial engineering does to hospitals

Persistent Foreign-Aid Myths

The Washington Post sent a reporter to a diner in Shreveport, Louisiana, last week to talk with voters in the district represented by the new speaker of the House, Mike Johnson. And wouldn’t you know it, they were very happy to see him become speaker, including one voter in the diner who—imagine the luck—just happened to be Mike Johnson’s mother. “God did this,” Jeanne Johnson said of her son’s ascension to the speakership.

I have my doubts about God’s participation in American elections, but she’s a proud mom, and understandably so. She told the reporter that Johnson “began leading as a child,” stepping up at a young age to help the family. That’s nice; my mom, God rest her soul, used to say nice things about me too.

The rest of the article included predictable discussions with the local burghers who hope we can finally overcome all this nastiness in our politics—there is no apparent awareness of how all that unpleasantness got started—and get to work and solve problems under the leadership of an obviously swell guy. (In fact, we are told he even calmed an angry voter at a town hall. Amazing.) Johnson, of course, also voted to overturn the 2020 presidential election, and has many views that would have been considered retrograde by most Americans even 30 years ago, but gosh darn it, people in Shreveport sure seem to like him.

I remain astonished that so much of the media remain committed to covering Donald Trump and sedition-adjacent extremists such as Johnson as if they are normal American politicians. But while Americans pretend that all is well, the rest of the world is busily going about its terrifying business, which is why one comment in the Post article jumped out at me.

“Politics here is personal,” according to Celeste Gauthier, 45. (The Post, for some reason, notes that Gauthier attended Middlebury College for a time—perhaps as a clumsy way of trying to tell us she’s not merely some rough local, and that she returned from Vermont to help run her family’s three restaurants.) She is concerned:

“People really do look at the funding we’re sending to Israel and Ukraine and say, ‘I can’t afford to go to Kroger,’” Gauthier said as she sat amid the lunchtime crowd, some of whom she said had stopped buying beverages because of the cost. “A lot of these customers know Mike Johnson and think we often get overlooked and maybe we won’t anymore,” she said.

I’m not sure what it means to be “overlooked” in a cherry-red district in a state where, as the Post notes, Republicans will control all three branches of state government once the conservative governor-elect is sworn in, but the comment about foreign aid is a classic expression of how little people understand about the subject.

Perhaps Gauthier or others believe that the new speaker—who has been opposed to sending aid to Ukraine—would redirect the money back to “overlooked” Louisianans, maybe as increased aid to the poor. He wouldn’t, of course, as he has already proposed huge cuts in social spending. As for Israel, evangelical Christians such as Johnson have a special interest in Israel for their own eschatological reasons, and Johnson has already decided to decouple aid to Israel from aid to Ukraine. Senate Minority Leader Mitch McConnell—whose understanding of foreign policy is practically Churchillian compared with Johnson’s—is none too happy about that.

Let’s review some important realities.

First, foreign aid is about 1 percent of the U.S. budget, roughly $60 billion. Special appropriations to Ukraine have, over the course of 18 months, added up to about $75 billion, including both humanitarian aid and weapons. Israel—a far smaller country that has, over the past 70 years, cumulatively received more foreign aid from the United States than from any other country—usually gets about $3 billion, but Joe Biden now wants to add about $14 billion to that.

That’s a lot of money. To put it in perspective, however, Americans forked over about $181 billion annually on snacks, and $115 billion for beer last year. (They also shell out about $7 billion annually just for potato chips. The snack spending is increasing, perhaps because Americans now spend about $30 billion on legal marijuana every year.) Americans also ante up a few bucks here and there on legal sports gambling, and by “a few” I mean more than $220 billion over the past five years.

I know suds and weed and sports books and pretzels are more fun than helping Ukrainians stay alive. And I know, too, that supposedly small-government conservatives will answer: It’s none of your damn business what Americans are spending their money on.

They’re right—up to a point. But we are, in theory, adults who can establish sensible priorities. We pay taxes so that the federal government can do things that no other level of government can achieve, and national security is one of them. Right now, the Russian army—the greatest threat to NATO in Europe—is taking immense losses on a foreign battlefield for a total investment that (as of this moment) is less than one-tenth of the amount we spend on defense in a single year. This is the spending Mike Johnson is so worried about?

Of course, we might repeat one more time that much of the food and weapons and other goods America sends to places like Israel and Ukraine are actually made by Americans. And yet many Republican leaders (and their propaganda arm at Fox and other outlets) continue to talk about aid as if some State Department phantom in a trench coat meets the president of Ukraine or the prime minister of Israel in an alley and hands over a metal briefcase filled with neatly wrapped stacks of bills.

We need to stop asking people in diners about foreign aid. (Populists who demand that we rely on guidance from The People should remember that most Americans think foreign aid should be about 10 percent of the budget—a percentage those voters think would be a reduction but would actually be a massive increase.) Instead, put our national leaders on the spot to explain what they think foreign aid is, where it goes, and what it does, and then call them out, every time, when they spin fantasies about it. Otherwise, legislators such as Johnson will be able to sit back and let the folks at the pie counter believe that he’s going to round up $75 billion and send it back home.

That’s an old and dumb trope, but it works. If you’re a Republican in Congress, and if you can stay in Washington by convincing people at the diner that you’re going to take cash from Ukrainians (wherever they are) and give it back to the hardworking waitress pouring your coffee, then you do it—because in this new GOP, your continued presence in Washington is more important than anything, including the security of the United States.

Related:

Yes, the U.S. can afford to help its allies. Why the GOP extremists oppose Ukraine

Today’s News

Israel began its ground offensive in Gaza over the weekend. Tanks and troops continue to push deeper into the city. A trial began in Colorado over whether Donald Trump is ineligible to hold presidential office again under the Fourteenth Amendment. Russian protesters in the largely Muslim-populated area of Dagestan marched on an airport, surrounding a plane that had arrived from Tel Aviv, on Sunday; at least 10 people were injured.

Dispatches

Work in Progress: There’s a secretive industry devouring the U.S. economy, Rogé Karma writes. It’s made one-fifth of the market effectively invisible to investors, the media, and regulators.

Explore all of our newsletters here.

More From The Atlantic

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Culture Break

Read. Black writers have long used science fiction, fantasy, and horror to dramatize the terrors of racism. Here are six books that will scare you—and make you think.

Watch. SNL’s latest episode (streaming on Peacock) offered Nate Bargatze perhaps his biggest platform to date, where he delivered understated comedy about everyday topics.

Play our daily crossword.

P.S.

Back in February, I wrote that I was somewhat mystified when Nikki Haley entered the GOP primaries. I was never a fan of the South Carolina governor, because I reject any candidate who bent the knee to Donald Trump. I described her announcement of her candidacy as “vapid and weightless,” and I expected her campaign to be no better. I assumed that she would be gone early.

Was I wrong? Haley was strong in the GOP debates (such that they were without Trump) and is now surging ahead of the hapless Ron DeSantis as the most credible Trump alternative. My friend Michael Strain today even presented “The Case for Nikki Haley” in National Review, a magazine that up until now has been a DeSantis stronghold. I remain convinced that Haley cannot beat Trump, even if she would be more formidable against Biden than either Trump or DeSantis. But I was too quick off the blocks in my assumption that Haley was going to get bigfooted off the stage by other candidates. Of course, I also didn’t predict that Vivek Ramaswamy would be on that same stage and that he would claim the early prize for “most obnoxious GOPer not named Trump.” I’m a creative guy, but there are limits even to my imagination.

— Tom

In an eight-week limited series, The Atlantic’s leading thinkers on AI will help you wrap your mind around the dawn of a new machine age. Sign up for the Atlantic Intelligence newsletter to receive the first edition next week.

Katherine Hu contributed to this newsletter.

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The Order That Defines the Future of AI in America

The Atlantic

www.theatlantic.com › technology › archive › 2023 › 10 › biden-white-house-ai-executive-order › 675837

Earlier today, President Joe Biden signed the most sweeping set of regulatory principles on artificial intelligence in America to date: a lengthy executive order that directs all types of government agencies to make sure America is leading the way in developing the technology while also addressing the many dangers that it poses. The order explicitly pushes agencies to establish rules and guidelines, write reports, and create funding and research initiatives for AI—“the most consequential technology of our time,” in the president’s own words.

The scope of the order is impressive, especially given that the generative-AI boom began just about a year ago. But the document’s many parts—and there are many—are at times in tension, revealing a broader confusion over what, exactly, America’s primary attitude toward AI should be: Is it a threat to national security, or a just society? Is it a geopolitical weapon? Is it a way to help people?

The Biden administration has answered “all of the above,” demonstrating a belief that the technology will soon be everywhere. “This is a big deal,” Alondra Nelson, a professor at the Institute for Advanced Study who previously served as acting director of the White House Office of Science and Technology Policy, told us. AI will be “as ubiquitous as operating systems in our cellphones,” Nelson said, which means that regulating it will involve “the whole policy space itself.” That very scale almost necessitates ambivalence, and it is as if the Biden administration has taken into account conflicting views without deciding on one approach.

One section of the order adopts wholesale the talking points of a handful of influential AI companies such as OpenAI and Google, while others center the concerns of workers, vulnerable and underserved communities, and civil-rights groups most critical of Big Tech. The order also makes clear that the government is concerned that AI will exacerbate misinformation, privacy violations, and copyright infringement. Even as it heeds the recommendations of Big AI, the order additionally outlines approaches to support smaller AI developers and researchers. And there are plenty of nods toward the potential benefits of the technology as well: AI, the executive order notes, has the “potential to solve some of society’s most difficult challenges.” It could be a boon for small businesses and entrepreneurs, create new categories of employment, develop new medicines, improve health care, and much more.  

If the document reads like a smashing-together of papers written by completely different groups, that’s because it likely is. The president and vice president have held meetings with AI-company executives, civil-rights leaders, and consumer advocates to discuss regulating the technology, and the Biden administration published a Blueprint for an AI Bill of Rights before the launch of ChatGPT last November. That document called for advancing civil rights, racial justice, and privacy protections, among other things. Today’s executive order cites and expands that earlier proposal—it directly addresses AI’s demonstrated ability to contribute to discrimination in contexts such as health care and hiring, the risks of using AI in sentencing and policing, and more. These issues existed long before the arrival of generative AI, a subcategory of artificial intelligence that creates new—or at least compellingly remixed—material based on training data, but those older AI programs stir the collective imagination less than ChatGPT, with its alarmingly humanlike language.

[Read: The future of AI is GOMA]

The executive order, then, is naturally fixated to a great extent on the kind of ultrapowerful and computationally intensive software that underpins that newer technology. At particular issue are so-called dual-use foundation models, which have also been called “frontier AI” models—a term for future generations of the technology with supposedly devastating potential. The phrase was popularized by many of the companies that intend to build these models, and chunks of the executive order match the regulatory framing that these companies have recommended. One influential policy paper from this summer, co-authored in part by staff at OpenAI and Google DeepMind, suggested defining frontier-AI models as including those that would make designing biological or chemical weapons easier, those that would be able to evade human control “through means of deception and obfuscation,” and those that are trained above a threshold of computational power. The executive order uses almost exactly the same language and the same threshold.

A senior administration official speaking to reporters framed the sprawling nature of the document as a feature, not a bug. “AI policy is like running a decathlon,” the official said. “We don’t have the luxury of just picking, of saying, ‘We’re just going to do safety,’ or ‘We’re just going to do equity,’ or ‘We’re just going to do privacy.’ We have to do all of these things.” After all, the order has huge “signaling power,” Suresh Venkatasubramanian, a computer-science professor at Brown University who helped co-author the earlier AI Bill of Rights, told us. “I can tell you Congress is going to look at this, states are going to look at this, governors are going to look at this.”

Anyone looking at the order for guidance will come away with a mixed impression of the technology—which has about as many possible uses as a book has possible subjects—and likely also confusion about what the president decided to focus on or omit. The order spends quite a lot of words detailing how different agencies should prepare to address the theoretical impact of AI on chemical, biological, radiological, and nuclear threats, a framing drawn directly from the policy paper supported by OpenAI and Google. In contrast, the administration spends far fewer on the use of AI in education, a massive application for the technology that is already happening. The document acknowledges the role that AI can play in boosting resilience against climate change—such as by enhancing grid reliability and enabling clean-energy deployment, a common industry talking point—but it doesn’t once mention the enormous energy and water resources required to develop and deploy large AI models, nor the carbon emissions they produce. And it discusses the possibility of using federal resources to support workers whose jobs may be disrupted by AI but does not mention workers who are arguably exploited by the AI economy: for example, people who are paid very little to manually give feedback to chatbots.

[Read: America already has an AI underclass]

International concerns are also a major presence in the order. Among the most aggressive actions the order takes is directing the secretary of commerce to propose new regulations that would require U.S. cloud-service providers, such as Microsoft and Google, to notify the government if foreign individuals or entities who use their services start training large AI models that could be used for malicious purposes. The order also directs the secretary of state and the secretary of homeland security to streamline visa approval for AI talent, and urges several other agencies, including the Department of Defense, to prepare recommendations for streamlining the approval process for noncitizens with AI expertise seeking to work within national labs and access classified information.

Where the surveillance of foreign entities is an implicit nod to the U.S.’s fierce competition with and concerns about China in AI development, China is also the No. 1 source of foreign AI talent in the U.S. In 2019, 27 percent of top-tier U.S.-based AI researchers received their undergraduate education in China, compared with 31 percent who were educated in the U.S, according to a study from Macro Polo, a Chicago-based think tank that studies China’s economy. The document, in other words, suggests actions against foreign agents developing AI while underscoring the importance of international workers to the development of AI in the U.S.

[Read: The new AI panic]

The order’s international focus is no accident; it is being delivered right before a major U.K. AI Safety Summit this week, where Vice President Kamala Harris will be delivering a speech on the administration’s vision for AI. Unlike the U.S.’s broad approach, or that of the EU’s AI Act, the U.K. has been almost entirely focused on those frontier models—“a fairly narrow lane,” Nelson told us. In contrast, the U.S. executive order considers a full range of AI and automated decision-making technologies, and seeks to balance national security, equity, and innovation. The U.S. is trying to model a different approach to the world, she said.

The Biden administration is likely also using the order to make a final push on its AI-policy positions before the 2024 election consumes Washington and a new administration potentially comes in, Paul Triolo, an associate partner for China and a technology-policy lead at the consulting firm Albright Stonebridge, told us. The document expects most agencies to complete their tasks before the end of this term. The resulting reports and regulatory positions could shape any AI legislation brewing in Congress, which will likely take much longer to pass, and preempt a potential Trump administration that, if the past is any indication, may focus its AI policy almost exclusively on America’s global competitiveness.

Still, given that only 11 months have passed since the release of ChatGPT, and its upgrade to GPT-4 came less than five months after that, many of those tasks and timelines appear somewhat vague and distant. The order gives 180 days for the secretaries of defense and homeland security to complete a cybersecurity pilot project, 270 days for the secretary of commerce to launch an initiative to create guidance in another area, 365 days for the attorney general to submit a report on something else. The senior administration official told reporters that a newly formed AI Council among the agency heads, chaired by Bruce Reed, a White House deputy chief of staff, would ensure that each agency makes progress at a steady clip. Once the final deadline passes, perhaps the federal government’s position on AI will have crystallized.

But perhaps its stance and policies cannot, or even should not, settle. Like the internet itself, artificial intelligence is a capacious technology that could be developed, and deployed, in a dizzying combination of ways; Congress is still trying to figure out how copyright and privacy laws, as well as the First Amendment, apply to the decades-old web, and every few years the terms of those regulatory conversations seem to shift again.

A year ago, few people could have imagined how chatbots and image generators would change the basic way we think about the internet’s effects on elections, education, labor, or work; only months ago, the deployment of AI in search engines seemed like a fever dream. All of that, and much more in the nascent AI revolution, has begun in earnest. The executive order’s internal conflict over, and openness to, different values and approaches to AI may have been inevitable, then—the result of an attempt to chart a path for a technology when nobody has a reliable map of where it’s going.

Why Congress Keeps Failing to Protect Kids Online

The Atlantic

www.theatlantic.com › technology › archive › 2023 › 10 › protect-children-online-social-media-internet › 675825

Roughly a decade has passed since experts began to appreciate that social media may be truly hazardous for children, and especially for teenagers. As with teenage smoking, the evidence has accumulated slowly, but leads in clear directions. The heightened rates of depression, anxiety, and suicide among young people are measurable and disheartening. When I worked for the White House on technology policy, I would hear from the parents of children who had suffered exploitation or who died by suicide after terrible experiences online. They were asking us to do something.

The severity and novelty of the problem suggests the need for a federal legislative response, and Congress can’t be said to have ignored the issue. In fact, by my count, since 2017 it has held 39 hearings that have addressed children and social media, and nine wholly devoted to just that topic. Congress gave Frances Haugen, the Facebook whistleblower, a hero’s welcome. Executives from Facebook, YouTube and other firms have been duly summoned and blasted by angry representatives.

But just what has Congress actually done? The answer is: nothing.

Everyone knows that Congress struggles with polarizing issues such as immigration and gun control. But this is a failure on a different level: an inability to do something urgent and overwhelmingly popular, despite the agreement of both major parties, the president, and the large majority of the American population.

[Read: The Perils of ‘Sharenting’]

As someone who witnessed this failure firsthand, I am pained to admit that our government is failing parents, teenagers, and children. Congressional dysfunction cannot be reduced to any one thing. But one fact stands out: For a decade and counting, not a single bill seeking to protect children has reached a full vote in the House or Senate.

It is easy to read this and want to give up on Congress entirely. But what we voters and citizens need is a mechanism to force congressional leadership to make hard commitments to holding votes on overwhelmingly popular legislation. Whatever power public opinion and moral duty may have once had, they are no longer working.

The story of child-protection legislation in recent years could be taught as a reverse civics lesson, where bills that have the support of the president, the public, and both houses of Congress fail to become law. It would almost be reassuring if we could blame partisanship or corporate lobbyists for the outcome. But this is a story of culture war, personal grievance, and petty beefs so indefensible as to be a disgrace to the Republic.

During my time in the White House, no meetings were more painful than those with parents whose children had been killed or committed suicide after online bullying or online sexual exploitation. Parents, in more pain than any parent should have to endure, would come in bearing photos of their dead children. Kids like Carson Bride, a 16-year-old who died by suicide after online bullying, or Erik Robinson, a 12-year old who died after trying out a choking game featured on TikTok.

The case for legislative action is overwhelming. It is insanity to imagine that platforms, who see children and teenagers as target markets, will fix these problems themselves. Teenagers often act self-assured, but their still-developing brains are bad at self-control and vulnerable to exploitation. Youth need stronger privacy protections against the collection and distribution of their personal information, which can be used for targeting. In addition, the platforms need to be pushed to do more to prevent young girls and boys from being connected to sexual predators, or served content promoting eating disorders, substance abuse, or suicide. And the sites need to hire more staff whose job it is to respond to families under attack.

All of these ideas were once what was known, politically, as low-hanging fruit. Even people who work or worked at the platforms will admit that the U.S. federal government should apply more pressure. An acquaintance who works in trust and safety at one of the platforms put it to me bluntly over drinks one evening: “The U.S. government doesn’t actually force us to do anything. Sure, Congress calls us in to yell at us every so often, but there’s no follow-up.”

“What you need to do,” she said, “is actually get on our backs and force us to spend money to protect children online. We could do more. But without pressure, we won’t.”

Alex Stamos, the former chief security officer of Facebook, made a similar point to me. Government, he says, is too focused on online problems with intangible harms that are inherently difficult for the platforms to combat, like “fighting misinformation.” In contrast, government does far too little to force platforms to combat real and visceral harms, like the online exploitation of minors, that the platforms could do more about if pushed. This is not to let the platforms off the hook—but government needs to do its job too.

Some of the bills that emerged in the 117th Congress, in 2021 and 2022, sought to strengthen the protection of teenagers’ privacy online. The case for such legislation is not hard to make—lack of privacy makes targeting possible. Senators Ed Markey (a Democrat from Massachusetts) and Bill Cassidy (a Republican from Louisiana) were prominent sponsors of one such bill, named the Children and Teens’ Online Privacy Protection Act.

Enacting a stronger children’s-privacy bill also seemed a good fallback if Congress should, once again, fail to pass a general privacy law protecting everyone. Whatever promise there may have been for passing such a law last year began to disappear after a nasty fight between Senator Maria Cantwell, chair of the Senate Commerce Committee and her three counterparts, Frank Pallone of New Jersey, the chair of the House Commerce Committee; Roger Wicker, the ranking Republican on the Senate committee; and Cathy McMorris Rodgers, the Republican ranking member on the House committee. The latter three co-drafted a privacy bill, with special protections for children, but they did it without Cantwell, and she opposed the bill and refused to introduce it in the Senate. The bill was then promptly roadblocked in the House by the State of California (California feared elimination of its own privacy law and did not want to lose its ability to pass future laws on the matter).  California convinced then-Speaker Nancy Pelosi, in early September, to announce her opposition, all but ending any chance of passing a general privacy bill. The deadlock over general privacy was its own tragedy, but it made a children’s bill a natural and seemingly attainable alternative.

A bolder approach to protecting children online sought to require that social-media platforms be safer for children, similar to what we require of other products that children use. In 2022 the most important such bill was the Kid’s Online Safety Act (KOSA), co-sponsored by Senators Richard Blumenthal of Connecticut and Marcia Blackburn of Tennessee. KOSA came directly out of the Frances Haugen hearings in the summer of 2021, and particularly the revelation that social-media sites were serving content that promoted eating disorders, suicide, and substance abuse to teenagers. In an alarming demonstration, Blumenthal revealed that his office had created a test Instagram account for a 13-year-old girl, which was, within one day, served content promoting eating disorders. (Instagram has acknowledged that this is an ongoing issue on its site.)

[Read: Facebook Is a Doomsday Machine]

The KOSA bill would have imposed a general duty on platforms to prevent and mitigate harms to children, specifically those stemming from self-harm, suicide, addictive behaviors, and eating disorders. It would have forced platforms to install safeguards to protect children and tools to enable parental supervision. In my view, the most important thing the bill would have done is simply force the platforms to spend more money and more ongoing attention on protecting children, or risk serious liability.

But KOSA became a casualty of the great American culture war. The law would give parents more control over what their children do and see online, which was enough for some groups to transform the whole thing into a fight over transgender issues. Some on the right, unhelpfully, argued that the law should be used to protect children from trans-related content. That triggered civil-rights groups, who took up the cause of teenage privacy and speech rights. A joint letter condemned KOSA for “enabl[ing] parental supervision of minors’ use of [platforms]” and “cutting off another vital avenue of access to information for vulnerable youth.”

It got ugly. I recall an angry meeting in which the Eating Disorders Coalition (in favor of the law) fought with LGBTQ groups (opposed to it) in what felt like a very dark Veep episode, except with real lives at stake. Critics like Evan Greer, a digital rights advocate, charged that attorneys general in red states could attempt to use the law to target platforms as part of a broader agenda against trans rights. That risk is exaggerated; the bill’s list of harms is specific and discrete; it does not include, say, “learning about transgenderism” but it does provide that “nothing shall be construed [to require a platform to prevent] any minor from deliberately and independently searching for, or specifically requesting, content.” Nonetheless, the charge had a powerful resonance and was widely disseminated.

Sometime in the late fall of 2022, Chairman Pallone made the decision not to advance children’s privacy or children’s protection bills out of his committee, effectively killing both in regular session. Pallone (and his Republican counterparts) argued that passing a children’s privacy law would take the wind out of the sails of some future effort to pass a comprehensive privacy bill (for which, I note, we are still waiting). When it came to his reasoning for killing KOSA, Pallone mentioned the concerns of the special interest groups—his spokesman pointed out to me that “nearly 100 civil rights organizations had substantive policy concerns with the bills.” There was, finally, as his staffers freely admitted, as a form of payback involved—a desire, shared by McMorris-Rogers, to punish Cantwell for having blocked the adult-privacy bill. A spokesman for Pallone insisted to me recently that “there was never a path forward for either COPPA or KOSA” based on the opposition of unnamed members of Congress and the civil rights groups, and that “young people will quickly age out of age-specific protections” anyway. (I note that civil rights groups don’t actually have voting rights in Congress.)

There was, in fact, one last path forward in 2022. Senator Blumenthal managed to get KOSA inserted in the early draft of an end-of-year spending bill, subject to the sign-off of House and Senate leadership. It was, however, promptly and shamelessly removed by Mitch McConnell, presumably to avoid giving Democrats the win. This mess of infighting, myopic strategy, and political maneuvering meant Congress failed to do anything to protect children online last year.

To be sure, there was and is, to be sure, a serious, substantive debate to be had over KOSA. Teenagers do have privacy and speech interests; but parents have interests as well. As a teenager, I resented anything that seemed like censorship or parental oversight; as a parent, I feel differently. Reasonable people can and do disagree over the balance that should be struck. But at some point, in a democracy, the vote needs to be called. Polls show that 70 percent of Americans and about 91 percent of parents want stronger legal protections for children online. If a majority, indeed a supermajority, of Americans want stronger protection for teenagers online, it is simply wrong to never call a vote.

I am well aware that part of the power of leadership and committee chairs lies in their control over the holding of votes. But that doesn’t make it less horribly undemocratic, and it is in these “non-votes” that the power of corporate lobbyists and special interests really makes its mark. That’s why what we need is some mechanism for a popular override—say, if legislation attracts more than 50 co-sponsors, leadership must hold a floor vote, win or lose.

It doesn’t help that there has been no political accountability for the members of Congress who were happy to grandstand about children online and then do nothing. No one outside a tiny bubble knows that Wicker voted for KOSA in public but helped kill it in private, or that infighting between Cantwell and Pallone helped kill children’s privacy. I know this only because I had to for my job. The press loves to cover members of Congress yelling at tech executives. But its coverage of the killing of popular bills is rare to nonexistent, in part because Congress hides its tracks. Say what you want about the Supreme Court or the president, but at least their big decisions are directly attributable to the justices or the chief executive. Congressmen like Frank Pallone or Roger Wicker don’t want to be known as the men who killed Congress’s efforts to protect children online, so we rarely find out who actually fired the bullet.

The American public has the right to be angry: Things are not okay. That said, other parts of government have done what they can.  The White House and FTC have tightened oversight using existing authorities. Some states have passed their own child-protection legislation, and this fall, 44 state attorneys general sued Instagram (Meta) alleging that the site knew its site was dangerous but promoted it as safe and appropriate anyhow. Both the children’s-privacy bill and KOSA were reintroduced this year, and the latter has picked up 48 co-sponsors, including prominent progressives like Elizabeth Warren. While vocal detractors remain, the major LGBTQ groups no longer oppose the legislation.

At this point both parties, the president, and the public want a law passed—which is why we need a commitment to hold a floor vote in both chambers. Protecting children is a fundamental role in any civilized state, and by that measure we are failing badly.

The Secretive Industry Devouring the U.S. Economy

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › private-equity-publicly-traded-companies › 675788

The publicly traded company is disappearing. In 1996, about 8,000 firms were listed in the U.S. stock market. Since then, the national economy has grown by nearly $20 trillion. The population has increased by 70 million people. And yet, today, the number of American public companies stands at fewer than 4,000. How can that be?

One answer is that the private-equity industry is devouring them. When a private-equity fund buys a publicly traded company, it takes the company private—hence the name. (If the company has not yet gone public, the acquisition keeps that from happening.) This gives the fund total control, which in theory allows it to find ways to boost profits so that it can sell the company for a big payday a few years later. In practice, going private can have more troubling consequences. The thing about public companies is that they’re, well, public. By law, they have to disclose information about their finances, operations, business risks, and legal liabilities. Taking a company private exempts it from those requirements.

That may not have been such a big deal when private equity was a niche industry. Today, however, it’s anything but. In 2000, private-equity firms managed about 4 percent of total U.S. corporate equity. By 2021, that number was closer to 20 percent. In other words, private equity has been growing nearly five times faster than the U.S. economy as a whole.

[James Surowiecki: The method in the market’s madness]

Elisabeth de Fontenay, a law professor at Duke University who studies corporate finance, told me that if current trends continue, “we could end up with a completely opaque economy.”

This should alarm you even if you’ve never bought a stock in your life. One-fifth of the market has been made effectively invisible to investors, the media, and regulators. Information as basic as who actually owns a company, how it makes its money, or whether it is profitable is “disappearing indefinitely into private equity darkness,” as the Harvard Law professor John Coates writes in his book The Problem of Twelve. This is not a recipe for corporate responsibility or economic stability. A private economy is one in which companies can more easily get away with wrongdoing and an economic crisis can take everyone by surprise. And to a startling degree, a private economy is what we already have.

America learned the hard way what happens when corporations operate in the dark. Before the Great Depression, the whole U.S. economy functioned sort of like the crypto market in 2021. Companies could raise however much money they wanted from whomever they wanted. They could claim almost anything about their finances or business model. Investors often had no good way of knowing whether they were being defrauded, let alone whether to expect a good return.

Then came the worst economic crisis in U.S. history. From October to December of 1929, the stock market lost 50 percent of its value, with more losses to come. Thousands of banks collapsed, wiping out the savings of millions of Americans. Unemployment spiked to 25 percent. The Great Depression generated a crisis of confidence for American capitalism. Public hearings revealed just how rampant corporate fraud had become before the crash. In response, Congress passed the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws launched a regime of “full and fair disclosure” and created a new government agency, the Securities and Exchange Commission, to enforce it. Now if companies wanted to raise money from the public, they would have to disclose a wide array of information to the public. This would include basic details about the company’s operations and finances, plus a comprehensive list of major risks facing the company, plans for complying with current and future regulations, and documentation of outstanding legal liabilities. All of these disclosures would be reviewed for accuracy by the SEC.

This regime created a new social contract for American capitalism: scale in exchange for transparency. Private companies were limited to 100 investors, putting a hard limit on how quickly they could grow. Any business that wanted to raise serious capital from the public had to submit itself to the new reporting laws. Over the next half century, this disclosure regime would underwrite the longest period of economic growth and prosperity in U.S. history. But it didn’t last. Beginning in the “Greed Is Good” 1980s, a wave of deregulatory reforms made it easier for private companies to raise capital. Most important was the National Securities Markets Improvement Act of 1996, which allowed private funds to raise an unlimited amount of money from an unlimited number of institutional investors. The law created a loophole that effectively broke the scale-for-transparency bargain. Tellingly, 1997 was the year the number of public companies in America peaked.

[From the November 2018 issue: The death of the IPO]

“Suddenly, private companies could raise all the money they want without even thinking about an IPO,” De Fontenay said. “That completely undermined the incentives companies had to go public.” Indeed, from 1980 to 2000, an average of 310 companies went public every year; from 2001 to 2022, only 118 did. The number briefly shot up during the coronavirus pandemic but has since fallen. (Over the same time period, the rate of mergers and acquisitions soared, which also helps explain the decline in public companies.)

Meanwhile, private equity has matured into a multitrillion-dollar industry, devoted to making short-term profits from highly leveraged transactions, operating with almost no regulatory or public scrutiny. Not all private-equity deals end in calamity, of course, and not all public companies are paragons of civic virtue. But the secrecy in which private-equity firms operate emboldens them to act more recklessly—and makes it much harder to hold them accountable when they do. Private-equity investment in nursing homes, to take just one example, has grown from about $5 billion at the turn of the century to more than $100 billion today. The results have not been pretty. The industry seems to have recognized that it could improve profit margins by cutting back on staffing while relying more on psychoactive medication. Stories abound of patients being rushed to the hospital after being overprescribed opioids, of bedside call buttons so poorly attended that residents suffer in silence while waiting for help, of nurses being pressured to work while sick with COVID. A 2021 study concluded that private-equity ownership was associated with about 22,500 premature nursing-home deaths from 2005 to 2017—before the wave of death and misery wrought by the pandemic.

Eventually, the public got wind of what was happening. The pandemic death count focused attention on the industry. Journalists and watchdog groups exposed the worst of the behaviors. Policy makers and regulators, at long last, began to take action. But by then, much of the damage had been done. “If we had some form of disclosure, we probably would have seen regulatory action a decade earlier,” Coates told me. “But instead, we’ve had 10-plus years of experimentation and abuse without anyone knowing.”

Something similar could be said about any number of industries, including higher education, newspapers, retail, and grocery stores. Across the economy, private-equity firms are known for laying off workers, evading regulations, reducing the quality of services, and bankrupting companies while ensuring that their own partners are paid handsomely. The veil of secrecy makes all of this easier to execute and harder to stop.

Private-equity funds dispute many of the criticisms of the industry. They argue that the horror stories are exaggerated and that a handful of problematic firms shouldn’t tarnish the rest of the industry, which is doing great work. Freed from onerous disclosure requirements, they claim, private companies can build more dynamic, flexible businesses that generate greater returns for shareholders. But the lack of public information makes verifying these claims difficult. Most careful academic studies find that although private-equity funds slightly outperformed the stock market on average prior to the early 2000s, they no longer do so. When you take into account their high fees, they appear to be a worse investment than a simple index fund.

“These companies basically get to write their own stories,” says Alyssa Giachino, the research director at the Private Equity Stakeholder Project. “They produce their own reports. They come up with their own numbers. And there’s no one making sure they are telling the truth.”

In the Roaring ’20s, the lack of corporate disclosure allowed a massive financial crisis to build up without anyone noticing. A century later, the growth of a new shadow economy could pose similar risks.

The hallmark of a private-equity deal is the so-called leveraged buyout. Funds take on massive amounts of debt to buy companies, with the goal of reselling in a few years at a profit. If all of that debt becomes hard to pay back—because of, say, an economic downturn or rising interest rates—a wave of defaults could ripple through the financial system. In fact, this has happened before: The original leveraged buyout mania of the 1980s helped spark the 1989 stock-market crash. Since then, private equity has grown into a $12 trillion industry and has begun raising much of its money from unregulated, nonbank lenders, many of which are owned by the same private-equity funds taking out loans in the first place.

Meanwhile, interest rates have reached a 20-year high, posing a direct threat to private equity’s debt-heavy business model. In response, many private-equity funds have migrated toward even riskier forms of backroom financing. Many of these involve taking on even more debt on the assumption that market conditions will soon improve enough to restore profitability. If that doesn’t happen—and many of these big deals fail—the implications could be massive.

[Joe Nocera and Bethany McLean: What financial engineering does to hospitals]

The industry counters that private markets are a better place for risky deals precisely because they have fewer ties to the real economy. A traditional bank has a bunch of ordinary depositors, whereas if a private-equity firm goes bust, the losers are institutional investors: pension funds, university endowments, wealthy fund managers. Bad, but not catastrophic. The problem, once again, is that no one knows how true that story is. Banks have to disclose information to regulators about how much they’re lending, how much capital they’re holding, and how their loans are performing. Private lenders sidestep all of that, meaning that regulators can’t know what risks exist in the system or how tied they are to the real economy.

“Everything could be just fine,” says Ana Arsov, a managing director at Moody’s Analytics who specializes in private lending. “But the point is that we don’t have the information we need to assess risk. Who is making these loans? How big are they? What are the terms? We just don’t know. So the worry is that the leverage in the system might grow and grow and grow without anyone noticing. And we really don’t know what the effects could be if something goes wrong.”

The government appears to be at least somewhat aware of this problem. In August, the SEC proposed a new rule requiring private-equity fund advisers to give more information to their investors. That’s better than nothing, but it hardly addresses the bad behavior or systemic risk. Nearly a century ago, Congress concluded that the nation’s economic system could not survive as long as its most powerful companies were left to operate in the shadows. It took the worst economic cataclysm in American history to learn that lesson. The question now is what it will take to learn it again.

Where Is Mike Johnson’s Ironclad Oath?

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › the-oath-mike-johnsons-great-great-great-grandfather-had-to-take › 675792

On August 16, 1867, a young farmer named Alfred McDonald Sargent Johnson walked into the courthouse of Cherokee County, Georgia. He had an oath to swear.

The effects of the Civil War were still visible in Canton, a village of about 200 people and the county seat. For one thing, that makeshift courthouse was inside a Presbyterian church—its predecessor having been torched by William Tecumseh Sherman’s men shortly before their march to the sea. For another, Georgia was still under military rule as federal officials debated how best to reconstruct the former Confederate states. How does a government reintegrate the men who, not that long ago, were engaged in a treasonous rebellion?

[Read: Elon Musk’s anti-semitc apartheid-loving grandfather]

Johnson had, like many of his neighbors, taken up arms against the United States. At age 21, he’d joined Company F of the 3rd Georgia Cavalry. The Third had fought in the Chickamauga and Chattanooga campaigns, and Johnson had even been captured as a Union prisoner at New Haven, Kentucky. But he was just a foot soldier in a much larger war. Johnson had not grown up in a stereotypical plantation “big house”; his family’s farm was modest in size and census records do not list him or his father as having owned slaves. He ended the conflict as a private, just as he’d entered it. Johnson might not even have cared much for his war experience; Confederate records list him as having gone AWOL for a period in 1863.

Still, the federal government had decided that even men like him could not return to political power without making at least a gesture of reconciliation. A few months earlier, Congress had passed, over President Andrew Johnson’s veto, an act that required the men of Georgia and other southern states to swear an oath in order to regain their voting privileges. That oath was why Alfred M. S. Johnson was in the courthouse that August day.

There had been much debate in the North, during the war and after it, about how to reintegrate former Confederates into political life—and how forgiving to be of their rebellion. The most radical Republicans wanted to require an “Ironclad Oath” swearing that the prospective voter had “never voluntarily borne arms against the United States” nor given “aid, countenance, counsel, or encouragement” to the Confederacy. Such language would have disenfranchised most white southern men.

The Wade-Davis Bill of 1864 would have required a majority of white men in each state to take the Ironclad Oath before full readmission to the union. Lincoln pocket-vetoed that bill, considering it too harsh. He’d backed a much more lenient plan requiring only 10 percent of a state’s pre-war voters to swear an oath before that state could be readmitted. And his version was more forgiving than the Ironclad Oath, requiring only future loyalty—that they would “henceforth faithfully support, protect, and defend the Constitution of the United States and the Union of the States thereunder.”

The oath Alfred Johnson would take had been defined in Congress’ Reconstruction Acts, and it was closer to Lincoln’s than to the Ironclad Oath. Like Lincoln’s, it treated the leaders of the Confederacy with less mercy than it did enlisted men. Johnson had to swear that he had:

never been a member of any State Legislature, nor held any executive or judicial office in any State and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof;

that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof;

that I will faithfully support the Constitution and obey the laws of the United States, and will to the best of my ability, encourage others so to do.

So help me God.

Johnson had never been a state legislator, or a federal judge, or a member of Congress, so it would not have been a particularly difficult oath to take. The rebellion’s leaders would have to wait a bit longer to be allowed back into full political citizenship.

[J. Michael Luttig and Laurence H. Tribe: The constitution prohibits Trump from ever being president again]

The worst class of rebels, the oath seemed to argue, was those who had joined the attempted insurrection after already been elected or appointed to trusted positions of power—the ones that require an oath to support the Constitution. Both Lincoln and President Andrew Johnson had made similar exceptions for public officials who had rebelled, requiring a more difficult route to amnesty. The Fourteenth Amendment, which was then before the states for ratification, made the same distinction—as Donald Trump is now discovering.

Alfred M. S. Johnson went back to farming after that August day. Not long after, he had a son and named him Andrew Johnson—presumably in honor of the man who succeeded Lincoln in the presidency and had pardoned all ex-Confederates by the end of 1868.

Andrew Johnson eventually moved west to Hempstead County, Arkansas. There, he had a son named Garner James Johnson. As a young man, Garner Johnson left farming and moved to Shreveport, Louisiana, taking a job on the Kansas City Southern Railroad. He begat Raymond Ralph Johnson, who begat James Patrick Johnson, who begat James Michael Johnson.

On October 25, 2023, James Michael Johnson—better known as Mike Johnson—was elected the 56th speaker of the House of Representatives.

[Read: A speaker without enemies–for now]

Like his great-great-great-grandfather Alfred, Mike Johnson was part of an attempt to oust the duly elected government of the United States and replace it with one more to his liking. In Alfred’s day, the tools were secession and battle; Johnson’s were spurious claims of voter fraud and trumped-up legal arguments.

After Joe Biden’s victory over Donald Trump in the 2020 election, Mike Johnson worked hard to prevent the transition of power. In the days after the vote, he told interviewers that the allegations of rigged Dominion voting machines had “a lot of merit,” that there were “credible allegations of fraud and irregularity,” and that a voting system was “suspect because it came from Hugo Chávez’s Venezuela.”

In December 2020, Johnson organized an effort to get his fellow House Republicans to sign on to an amicus brief for a lawsuit challenging election results in the four states that would, if their votes were thrown out, give Trump a second term. He sent them all an email with the subject line “**Time-sensitive request from President Trump**” saying the president would be watching to see which GOP members of Congress signed on and which did not.

About three-quarters of the House Republicans who objected to the Electoral College count on January 6 cited legal arguments Johnson had made, leading The New York Times to call him “the most important architect of the Electoral College objections.” He gave what one fellow Republican member called “a fig-leaf intellectual argument” for overturning the election.

Johnson’s attempts were unsuccessful. The Supreme Court rejected the lawsuit in a brief, unsigned opinion. The 147 Congressional Republicans who, like Johnson, objected to the electoral vote count were outnumbered in the end.

But America was once again forced to ask: What do you do with men after they have fomented a rebellion against an elected government? After the Civil War, the federal response was generally lenient. Among the Confederacy’s top leaders, only Jefferson Davis served prison time, and then for just two years. President Johnson pardoned the overwhelming share of ex-Confederates barely a month after Lincoln’s assassination; he spent the remainder of his presidency pardoning the rest. Within a dozen years, conservative white southerners once again ruled the South—a control often achieved through great violence by former Confederate soldiers.

Mike Johnson didn’t lead a civil war, of course. But he did try to overturn an election and impose a president Americans hadn’t voted for. And it is striking how small the repercussions have been for those who did likewise. For members of Congress, opposing false claims of voter fraud has been much more politically dangerous than supporting them. Kevin McCarthy, Steve Scalise, Jim Jordan, and Tom Emmer each endorsed Johnson’s spurious legal arguments, and each has been nominated for speaker this year. And now, at the mention of Johnson’s actions, the House Republican caucus does little but laugh and boo.

I keep coming back to Alfred McDonald Sargent Johnson, Mike’s great-great-great-grandfather, and the oath he had to take that day in Cherokee County, pledging not to engage in rebellion again. Mike Johnson wasn’t a lowly foot soldier stuck in a war he played no role in starting. He was its architect, its author and finisher. And yet the only oath he’s been asked to take is as speaker of the House of Representatives.

Dean Phillips Is Primarying Joe Biden

The Atlantic

www.theatlantic.com › politics › archive › 2023 › 10 › dean-phillips-joe-biden-2024-primary › 675784

This story seems to be about:

To spend time around Dean Phillips, as I have since his first campaign for Congress in 2018, is to encounter someone so earnest as to be utterly suspicious. He speaks constantly of joy and beauty and inspiration, beaming at the prospect of entertaining some new perspective. He allows himself to be interrupted often—by friends, family, staffers—but rarely interrupts them, listening patiently with a politeness that almost feels aggravating. With the practiced manners of one raised with great privilege—boasting a net worth he estimates at $50 million—the gentleman from Minnesota is exactly that.

But that courtly disposition cracks, I’ve noticed, when he’s convinced that someone is lying. Maybe it’s because at six months old he lost his father in a helicopter crash that his family believes the military covered up, in a Vietnam War that was sold to the public with tricks and subterfuge. I can hear the anger in his voice as he talks about the treachery that led to January 6, recalling his frantic search for some sort of weapon—he found only a sharpened pencil—to defend himself against the violent masses who were sacking the U.S. Capitol. I can see it in his eyes when Phillips, who is Jewish, remarks that some of his Democratic colleagues have recently spread falsehoods about the Israeli-Palestinian conflict, and others in the party have refused to condemn blatant anti-Semitism.

Deception is a part of politics. Phillips acknowledges that. But some deceptions are more insidious than others. On the third Saturday of October, as we sat inside the small, sun-drenched living room of his rural-Virginia farmhouse, Phillips told me he was about to do something out of character: He was going to upset some people. He was going to upset some people because he was going to run for president. And he was going to run for president, Phillips explained, because there is one deception he can no longer perpetuate.

“My grave concern,” the congressman said, “is I just don’t think President Biden will beat Donald Trump next November.”

This isn’t some fringe viewpoint within the Democratic Party. In a year’s worth of conversations with other party leaders, Phillips told me, “everybody, without exception,” shares his fear about Joe Biden’s fragility—political and otherwise—as he seeks a second term. This might be hyperbole, but not by much: In my own recent conversations with party officials, it was hard to find anyone who wasn’t jittery about Biden. Phillips’s problem is that they refuse to say so on the record. Democrats claim to view Trump as a singular threat to the republic, the congressman complains, but for reasons of protocol and self-preservation they have been unwilling to go public with their concerns about Biden, making it all the more likely, in Phillips’s view, that the former president will return to office.

[Read: The case for a primary challenge to Joe Biden]

Phillips spent the past 15 months trying to head off such a calamity. He has noisily implored Biden, who turns 81 next month—and would be 86 at the end of a second term—to “pass the torch,” while openly attempting to recruit prominent young Democrats to challenge the president in 2024. He name-dropped some Democratic governors on television and made personal calls to others, urging someone, anyone, to jump into the Democratic race. What he encountered, he thought, was a dangerous dissonance: Some of the president’s allies would tell him, in private conversations, to keep agitating, to keep recruiting, that Biden had no business running in 2024—but that they weren’t in a position to do anything about it.

What made this duplicity especially maddening to Phillips, he told me, is that Democrats have seen its pernicious effects on the other side of the political aisle. For four years during Trump’s presidency, Democrats watched their Republican colleagues belittle Trump behind closed doors, then praise him to their base, creating a mirage of support that ultimately made them captives to the cult of Trumpism. Phillips stresses that there is no equivalence between Trump and Biden. Still, having been elected in 2018 alongside a class of idealistic young Democrats—“the Watergate babies of the Trump era,” Phillips said—he always took great encouragement in the belief that his party would never fall into the trap of elevating people over principles.

“We don’t have time to make this about any one individual. This is about a mission to stop Donald Trump,” Phillips, who is 54, told me. “I’m just so frustrated—I’m growing appalled—by the silence from people whose job it is to be loud.”

Phillips tried to make peace with this. As recently as eight weeks ago, he had quietly resigned himself to Biden’s nomination. The difference now, he said—the reason for his own buzzer-beating run for the presidency—is that Biden’s numbers have gone from bad to awful. Surveys taken since late summer show the president’s approval ratings hovering at or below 40 percent, Trump pulling ahead in the horse race, and sizable majorities of voters, including Democratic voters, wishing the president would step aside. These findings are apparent in district-level survey data collected by Phillips’s colleagues in the House, and have been the source of frenzied intraparty discussion since the August recess. And yet Democrats’ reaction to them, Phillips said, has been to grimace, shrug, and say it’s too late for anything to be done.

“There’s no such thing as too late,” Phillips told me, “until Donald Trump is in the White House again.”

In recent weeks, Phillips has reached out to a wide assortment of party elders. He did this, in part, as a check on his own sanity. He was becoming panicked at the prospect of Trump’s probable return to office. He halfway hoped to be told that he was losing his grip on reality, that Trump Derangement Syndrome had gotten to him. He wanted someone to tell him that everything was going to be fine. Instead, in phone call after phone call, his fears were only exacerbated.

“I’m looking at polling data, and I’m looking at all of it. The president’s numbers are just not good—and they’re not getting any better,” James Carville, the Democratic strategist, told me, summarizing his recent conversations with Phillips. “I talk to a lot of people who do a lot of congressional-level polling and state polling, and they’re all saying the same thing. There’s not an outlier; there’s not another opinion … The question is, has the country made up its mind?”

[From the November 2023 issue: The Kamala Harris problem]

Jim Messina, who ran Barack Obama’s 2012 campaign, told me the answer is no. “This is exactly where we were at this stage of that election cycle,” Messina said. He pointed to the November 6, 2011, issue of The New York Times Magazine, the cover of which read, “So, Is Obama Toast?” Messina called the current situation just another case of bedwetting. “If there was real concern, then you’d have real politicians running,” he said. “I’d never heard of Dean Phillips until a few weeks ago.”

The bottom line, Messina said, is that “Biden’s already beaten Trump once. He’s the one guy who can beat him again.”

Carville struggles with this logic. The White House, he said, “operates with what I call this doctrine of strategic certainty,” arguing that Biden is on the same slow-but-steady trajectory he followed in 2020. “Joe Biden has been counted out by the Beltway insiders, pundits, DC media, and anonymous Washington sources time and time again,” the Biden campaign wrote in a statement. “Time and time again, they have been wrong.” The problem is that 2024 bears little resemblance to 2020: Biden is even older, there is a proliferation of third-party and independent candidates, and the Democratic base, which turned out in record numbers in the last presidential election, appears deflated. (“The most under-covered story in contemporary American politics,” Carville said, “is that Black turnout has been miserable everywhere since 2020.”) Carville added that in his own discussions with leading Democrats, when he argues that Biden’s prospects for reelection have grown bleak, “Nobody is saying, ‘James, you’re wrong,’” he told me. “They’re saying, ‘James, you can’t say that.’”

Hence his fondness for Phillips. “Remember when the Roman Catholic Church convicted Galileo of heresy for saying that the Earth moves around the sun? He said, ‘And yet, it still moves,’” Carville told me, cackling in his Cajun drawl. The truth is, Carville said, Biden’s numbers aren’t moving—and whoever points that out is bound to be treated like a heretic in Democratic circles.

Phillips knows that he’s making a permanent enemy of the party establishment. He realizes that he’s likely throwing away a promising career in Congress; already, a Democratic National Committee member from Minnesota has announced a primary challenge and enlisted the help of leading firms in the St. Paul area to take Phillips out. He told me how, after the news of his impending launch leaked to the press, “a colleague from New Hampshire”—the congressman grinned, as that description narrowed it down to just two people—told him that his candidacy was “not serious” and “offensive” to the state’s voters. In the run-up to his launch, Phillips tried to speak with the president—to convey his respect before entering the race. On Thursday night, he said, the White House got back to him: Biden would not be talking to Phillips.

Cedric Richmond, the onetime Louisiana congressman who is now co-chair of Biden’s reelection campaign, told me Phillips doesn’t “give a crap” about the party and is pursuing “a vanity project” that could result in another Trump presidency. “History tells us when the sitting president faces a primary challenge, it weakens him for the general election,” Richmond said. “No party has ever survived that.”

But Phillips insists—and his friends, even those who think he’s making a crushing mistake, attest—that he is doing this out of genuine conviction. Standing up and leaning across a coffee table inside his living room, Phillips pulled out his phone and recited data from recent surveys. One showed 70 percent of Democrats under 35 wanting a different nominee; another showed swing-state voters siding with Trump over Biden on a majority of policy issues, and independents roundly rejecting “Bidenomics,” the White House branding for the president’s handling of the economy. “These are not numbers that you can massage,” Phillips said. “Look, just because he’s old, that’s not a disqualifier. But being old, in decline, and having numbers that are clearly moving in the wrong direction? It’s getting to red-alert kind of stuff.”

Phillips sat back down. “Someone had to do this,” the congressman told me. “It just was so self-evident.”

If the need to challenge the president is so self-evident, I asked, then why is a third-term congressman from Minnesota the only one willing to do it?

“I think about that every day,” Phillips replied, shaking his head. “If the data is correct, over 50 percent of Democrats want a different nominee—and yet there’s only one out of 260 Democrats in the Congress saying the same thing?”

Phillips no longer wonders if there’s something wrong with him. He believes there’s something wrong with the Democratic Party—a “disease” that discourages competition and shuts down dialogue and crushes dissent. Phillips said his campaign for president won’t simply be about the “generational schism” that pits clinging-to-power Baby Boomers against the rest of the country.  If he’s running, the congressman said, he’s running on all the schisms that divide the Democrats: cultural and ideological, economic and geographic. He intends to tell some “hard truths” about a party that, in its attempt to turn the page on Trump, he argued, has done things to help move him back into the Oval Office. He sounded at times less like a man who wants to win the presidency, and more like someone who wants to draw attention to the decaying state of our body politic.

Over the course of a weekend with Phillips on his farm, we spent hours discussing the twisted incentive structures of America’s governing institutions. He talked about loyalties and blind spots, about how truth takes a back seat to narrative, about how we tell ourselves stories to ignore uncomfortable realities. Time and again, I pressed Phillips on the most uncomfortable reality of all: By running against Biden—by litigating the president’s age and fitness for office in months of town-hall meetings across New Hampshire—isn’t he likely to make a weak incumbent that much weaker, thereby making another Trump presidency all the more likely?

“I want to strengthen him. If it’s not me, I want to strengthen him. I won’t quit until I strengthen him. I mean it,” Phillips said of Biden. “I do not intend to undermine him, demean him, diminish him, attack him, or embarrass him.”

Phillips’s friends tell me his intentions are pure. But they fear that what makes him special—his guileless, romantic approach to politics—could in this case be ruinous for the country. They have warned him about the primary campaigns against George H. W. Bush in 1992 and Jimmy Carter in 1980, both of whom lost in the general election.

Phillips insisted to me that he wouldn’t be running against Biden. Rather, he would be campaigning for the future of the Democratic Party. There was no scenario, he said, in which his candidacy would result in Trump winning back the White House.

And in that moment, it was Dean Phillips who was telling himself a story.

He didn’t see the question coming—but he didn’t try to duck it, either.

It was July of last year. Phillips was doing a regular spot on WCCO radio, a news-talk station in his district, when host Chad Hartman asked the congressman if he wanted Biden to run for reelection in 2024. “No. I don’t,” Phillips replied, while making sure to voice his admiration for the president. “I think the country would be well served by a new generation of compelling, well-prepared, dynamic Democrats to step up.”

Phillips didn’t think much about the comment. After all, he’d run for Congress in 2018 promising not to vote for Nancy Pelosi as speaker of the House (though he ultimately did support her as part of a deal that codified the end of her time in leadership). While he has been a reliable vote in the Democratic caucus—almost always siding with Biden on the House floor—Phillips has simultaneously been a squeaky wheel. He’s a centrist unhappy with what he sees as the party’s coddling of the far left. He’s a Gen Xer convinced that the party’s aging leadership is out of step with the country. He’s an industrialist worried about the party’s hostility toward Big Business. (When he was 3 years old, his mother married the heir of a distilling empire; Phillips took it over in his early 30s, then made his own fortune with the gelato company Talenti.)

When the blowback to the radio interview arrived—with party donors, activists, and officials in both Minnesota and Washington rebuking him as disloyal—Phillips was puzzled. Hadn’t Biden himself said, while campaigning in 2020, that he would be a “bridge” to the future of the Democratic Party? Hadn’t he made that remark flanked by Michigan Governor Gretchen Whitmer on one side and future Vice President Kamala Harris on the other? Hadn’t he all but promised that his campaign was about removing Trump from power, not staying in power himself?

[Read: So much for Biden the bridge president]

Phillips had never seriously entertained the notion that Biden would seek reelection. Neither had many of his Democratic colleagues. In fact, several House Democrats told me—on the condition of anonymity, as not one of them would speak on the record for this article—that in their conversations with Biden’s inner circle throughout the summer and fall of 2022, the question was never if the president would announce his decision to forgo a second term, but when he would make that announcement.

Figuring that he’d dealt with the worst of the recoil—and still very much certain that Biden would ultimately step aside—Phillips grew more vocal. He spent the balance of 2022, while campaigning for his own reelection, arguing that both Biden and Pelosi should make way for younger Democratic leaders to emerge. He was relieved when, after Republicans recaptured the House of Representatives that fall, Pelosi allowed Hakeem Jeffries, a friend of Phillips’s, to succeed her atop the caucus.

But that relief soon gave way to worry: As the calendar turned to 2023, there were rumblings coming from the other end of Pennsylvania Avenue that Biden might run for reelection after all. In February, Phillips irked his colleagues on Capitol Hill when he gave an extensive interview to the Politico columnist Jonathan Martin shaming Democrats for suppressing their concerns about Biden. At that point, his friends in the caucus still believed that Phillips was picking a fight for no reason. When Biden announced his candidacy two months later, several people recalled to me, some congressional Democrats were stunned.

“Many actually felt, I think, personally offended,” Phillips said. “They felt he had made a promise—either implicitly, if not explicitly.”

Around the time Biden was launching his reelection campaign, Phillips was returning to the United States from an emotional journey to Vietnam. He had traveled to the country, for the first time, in search of the place where his father and seven other Americans died in a 1969 helicopter crash. (Military officials initially told his mother that the Huey was shot down; only later, Phillips says, did they admit that the accident was weather related.) After a local man volunteered to lead Phillips to the crash site, the congressman broke down in tears, running his hands over the ground where his father perished, reflecting, he told me, on “the magnificence and the consequence of the power of the American presidency.”

Phillips left Vietnam with renewed certainty of his mission—not to seek the White House himself, but to recruit a Democrat who stood a better chance than Biden of defeating Donald Trump.

Back in Washington, Phillips began asking House Democratic colleagues for the personal phone numbers of governors in their states. Some obliged him; others ignored the request or refused it. Phillips tried repeatedly to get in touch with these governors. Only two got back to him—Whitmer in Michigan, and J. B. Pritzker in Illinois—but neither one would speak to the congressman directly. “They had their staff take the call,” Phillips told me. “They wouldn’t take the call.”

With a wry grin, he added: “Gretchen Whitmer’s aide was very thoughtful … J. B. Pritzker’s delegate was somewhat unfriendly.”

[Read: Why not Whitmer?]

By this point, Phillips was getting impatient. Trump’s numbers were improving. One third-party candidate, Cornel West, was already siphoning support away from Biden, and Phillips suspected that Robert F. Kennedy Jr., who had declared his candidacy as a Democrat, would eventually switch to run as an independent. (That suspicion proved correct earlier this month.) As a member of the elected House Democratic leadership, Phillips could sense the anxiety mounting within the upper echelons of the party. He and other Democratic officials wondered what, exactly, the White House would do to counter the obvious loss of momentum. The answer: Biden’s super PAC dropped eight figures on an advertising blitz around Bidenomics, a branding exercise that Phillips told me was viewed as “a joke” within the House Democratic caucus.  

“Completely disconnected from what we were hearing,” Phillips said of the slogan, “which is people getting frustrated that the administration was telling them that everything is great.”

Everything was not great—but it didn’t seem terrible, either. The RealClearPolitics average of polls, as of late spring, showed Biden and Trump running virtually even. As the summer wore on, however, there were signs of trouble. When Phillips and certain purple-district colleagues would compare notes on happenings back home, the readouts were the same. Polling indicated that more and more independents were drifting from the Democratic ranks. Field operations confirmed that young people and minorities were dangerously disengaged. Town-hall questions and donor meetings began and ended with questions about Biden’s fitness to run against Trump.

Phillips decided that he needed to push even harder. Before embarking on a new, more aggressive phase of his mission—he began booking national-TV appearances with the explicit purpose of lobbying a contender to join the Democratic race—he spoke to Jeffries, the House Democratic leader, to share his plans. He also said he called the White House and spoke to Biden’s chief of staff, Jeff Zients, to offer a heads-up. Phillips wanted both men to know that he would be proceeding with respect—but proceeding all the same.

In August, as Phillips dialed up the pressure, he suddenly began to feel the pressure himself. He had spent portions of the previous year cultivating relationships with powerful donors, from Silicon Valley to Wall Street, who had offered their assistance in recruiting a challenger to Biden. Now, with those efforts seemingly doomed, the donors began asking Phillips if he would consider running. He laughed off the question at first. Phillips knew that it would take someone with greater name identification, and a far larger campaign infrastructure, to vie for the party’s presidential nomination. Besides, the folks he met with wanted someone like Whitmer or California Governor Gavin Newsom or Georgia Senator Raphael Warnock, not a barely known congressman from the Minneapolis suburbs.

In fact, Phillips had already considered—and rejected—the idea of running. After speaking to a packed D.C.-area ballroom of Gold Star families earlier this year, and receiving an ovation for his appeals to brotherhood and bipartisanship, he talked with his wife and his mother about the prospect of doing what no other Democrat was willing to do. But he concluded, quickly, that it was a nonstarter. He didn’t have the experience to run a national campaign, let alone a strategy of any sort.

Phillips told his suitors he wasn’t their guy. Flying back to Washington after the summer recess, he resolved to keep his head down. The congressman didn’t regret his efforts, but he knew they had estranged him from the party. Now, with primary filing deadlines approaching and no serious challengers to the president in sight, he would fall in line and do everything possible to help Biden keep Trump from reclaiming the White House.

No sooner had Phillips taken this vow than two things happened. First, as Congress reconvened during the first week of September, Phillips was blitzed by Democratic colleagues who shared the grim tidings from their districts around the country. He had long been viewed as the caucus outcast for his public defiance of the White House; now he was the party’s unofficial release valve, the member whom everyone sought out to vent their fears and frustrations. That same week, several major polls dropped, the collective upshot of which proved more worrisome than anything Phillips had witnessed to date. One survey, from The Wall Street Journal, showed Trump and Biden essentially tied, but reported that 73 percent of registered voters considered Biden “too old” to run for president, with only 47 percent saying the same about Trump, who is just three and a half years younger. Another poll, conducted for CNN, showed that 67 percent of Democratic voters wanted someone other than Biden as the party’s nominee.

Phillips felt helpless. He made a few last-ditch phone calls, pleading and praying that someone might step forward. No one did. After a weekend of nail-biting, Phillips logged on to X, formerly Twitter, on Monday, September 11, to write a remembrance on the anniversary of America coming under attack. That’s when he noticed a direct message. It was from a man he’d never met but whose name he knew well: Steve Schmidt.

“Some of the greatest acts of cowardice in the history of this country have played out in the last 10 years,” Schmidt told me, picking at a piece of coconut cream pie.

“Agreed,” Phillips said, nodding his head. “Agreed.”

The three of us, plus the congressman’s wife, Annalise, were talking late into the night around a long, rustic table in the farmhouse dining room. Never, not even in the juicy, adapted-to-TV novels about presidential campaigns, has there been a stranger pairing than Dean Phillips and Steve Schmidt. One is a genteel, carefully groomed midwesterner who trafficks in dad jokes and neighborly aphorisms, the other a swaggering, bald-headed, battle-hardened product of New Jersey who specializes in ad hominem takedowns. What unites them is a near-manic obsession with keeping Trump out of the White House—and a conviction that Biden cannot beat him next November.

“The modern era of political campaigning began in 1896,” Schmidt told us, holding forth a bit on William McKinley’s defeat of William Jennings Bryan. “There has never been a bigger off-the-line mistake by any presidential campaign—ever—than labeling this economy ‘Bidenomics.’ The result of that is going to be to reelect Donald Trump, which will be catastrophic.”

Schmidt added: “A fair reading of the polls is that if the election were tomorrow, Donald Trump would be the 47th president of the United States.”

Schmidt, who is perhaps most famous for his work leading John McCain’s 2008 presidential campaign—and, specifically, for recommending Sarah Palin as a surprise vice-presidential pick—likes to claim some credit for stopping Trump in the last election. The super PAC he co-founded in 2019, the Lincoln Project, combined quick-twitch instincts with devastating viral content, hounding Trump with over-the-top ads about everything from his business acumen to his mental stability. Schmidt became something of a cult hero to the left, a onetime conservative brawler who had mastered the art and science of exposing Republican duplicity in the Trump era. Before long, however, the Lincoln Project imploded due to cascading scandals. Schmidt resigned, apologizing for his missteps and swearing to himself that he was done with politics for good.

[Andrew Ferguson: Leave Lincoln out of it]

He couldn’t have imagined that inviting Phillips onto his podcast, via direct message, would result in the near-overnight upending of both of their lives. After taping the podcast on September 22, Schmidt told Phillips how impressed he was by his sincerity and conviction. Two days later, Schmidt called Phillips to tell him that he’d shared the audio of their conversation with some trusted political friends, and the response was unanimous: This guy needs to run for president. Before Phillips could respond, Schmidt advised the congressman to talk with his family about it. It happened to be the eve of Yom Kippur: Phillips spent the next several days with his wife and his adult daughters, who expressed enthusiasm about the idea. Phillips called Schmidt back and told him that, despite his family’s support, he had no idea how to run a presidential campaign—much less one that would have to launch within weeks, given filing deadlines in key states.

“Listen,” Schmidt told him, “if you’re willing to jump in, then I’m willing to jump in with you.”

Phillips needed some time to think—and to assess Schmidt. Politics is a tough business, but even by that standard his would-be partner had made lots of enemies. The more the two men talked, however, the more Phillips came to view Schmidt as a kindred spirit. They shared not just a singular adversary in Trump but also a common revulsion at the conformist tactics of a political class that refuses to level with the public. (“People talk about misinformation on Twitter, misinformation in the media,” Schmidt told me. “But how is it not misinformation when our political leaders have one conversation with each other, then turn around and tell the American people exactly the opposite?”) Schmidt had relished working for heterodox dissenters like McCain and California Governor Arnold Schwarzenegger. Listening to Schmidt narrate his struggles to prevent the Republican Party’s demise, Phillips felt a strange parallel to his own situation.

Back on January 6, 2021, as he’d crawled for cover inside the House gallery—listening to the sounds of broken glass and the gunshot that killed the Trump supporter Ashli Babbitt, overhearing his weeping colleagues make good-bye calls to loved ones—Phillips believed he was going to die. Later that night, reflecting on his survival, the congressman vowed that he would give every last measure to the cause of opposing Trump. And now, just a couple of years later, with Trump’s recapturing of power appearing more likely by the day, he was supposed to do nothing—just to keep the Democratic Party honchos happy?

“My colleagues, we all endured that, and you’d think that we would be very intentional and objective and resolute about the singular objective to ensure he does not return to the White House,” Phillips said. “We need to recognize the consequences of this silence.”

On the first weekend of October, Phillips welcomed Schmidt to his D.C. townhome. They were joined by six others: the congressman’s wife and sister; his campaign manager and one of her daughters; Bill Fletcher, a Tennessee-based consultant; and a Democratic strategist whom I later met at the Virginia farm—one whose identity I agreed to keep off the record because he said his career would be over if he was found to be helping Phillips. Commanding the room with a whiteboard and marker, Schmidt outlined his approach. There would be no org chart, no job titles—only three groups with overlapping responsibilities. The first group, “Headquarters,” would deal with day-to-day operations. The second, “Maneuver,” would handle the mobile logistics of the campaign. The third, “Content,” would be prolific in its production of advertisements, web videos, and social-media posts. This last group would be essential to Phillips’s effort, Schmidt explained: They would contract talent to work across six time zones, from Manhattan to Honolulu, seizing on every opening in the news cycle and putting Biden’s campaign on the defensive all day, every day.

When the weekend wrapped, Phillips sat alone with his thoughts. The idea of challenging his party’s leader suddenly felt real. He knew the arguments being made by his Democratic friends and did his best to consider them without prejudice. Was it likely, Phillips asked himself, that his candidacy might achieve exactly the outcome he wanted to avoid—electing Trump president?

Phillips decided the answer was no.

Running in the Democratic primary carried some risk of hurting the party in 2024, Phillips figured, but not as much risk as letting Biden and his campaign sleepwalk into next summer, only to discover in the fall how disengaged and disaffected millions of Democratic voters truly are.

“If it’s not gonna be me, and this is a way to elevate the need to listen to people who are struggling and connect it to people in Washington, that to me is a blessing for the eventual nominee,” Phillips said. “If it’s Joe Biden—if he kicks my tuchus in the opening states—he looks strong, and that makes him stronger.”

It sounds fine in theory, I told Phillips. But that’s not usually how primary campaigns work.

He let out an exaggerated sigh. “I understand why conventional wisdom says that’s threatening,” Phillips said. “But my gosh, if it’s threatening to go out and listen to people and talk publicly about what’s on people’s minds, and that’s something we should be protecting against, we have bigger problems than I ever thought.”

[Eliot A. Cohen: Step aside, Joe Biden]

It was two weeks after that meeting in D.C. that Phillips welcomed me to his Virginia farmhouse. He’d been staying there, a 90-minute drive from the Capitol, since far-right rebels deposed House Speaker Kevin McCarthy, sparking a furious three-week search for his replacement. The irony, Phillips explained as he showed me around the 38-acre parcel of pastureland, is that he and Schmidt couldn’t possibly have organized a campaign during this season had Congress been doing its job. The GOP’s dysfunctional detour provided an unexpected opportunity, and Phillips determined that it was his destiny to take advantage.

With Congress adjourned for the weekend as Republicans sought a reset in their leadership scramble, Phillips reconvened the kitchen cabinet from his D.C. summit, plus a Tulsa-based film production crew. Content was the chief priority. Phillips would launch his campaign on Friday, October 27—the deadline for making the New Hampshire ballot—at the state capitol in Concord. From there, he would embark on a series of 120 planned town-hall meetings, breaking McCain’s long-standing Granite State record, touring in a massive “DEAN”-stamped bus wrapped with a slogan sure to infuriate the White House: “Make America Affordable Again.”

The strategy, Schmidt explained as we watched his candidate ad-lib for the roving cameras—shooting all manner of unscripted, stream-of-consciousness, turn-up-the-authenticity footage that would dovetail with the campaign’s policy of no polling or focus grouping—was to win New Hampshire outright. The president had made a massive tactical error, Schmidt said, by siding with the Democratic National Committee over New Hampshire in a procedural squabble that will leave the first-in-the-nation primary winner with zero delegates. Biden had declined to file his candidacy there, instead counting on loyal Democratic voters to write him onto the primary ballot. But now Phillips was preparing to spend the next three months blanketing the state, drawing an unflattering juxtaposition with the absentee president and maybe, just maybe, earning enough votes to defeat him. If that happens, Schmidt said, the media narrative will be what matters—not the delegate math. Americans would wake up to the news of two winners in the nation’s first primary elections: Trump on the Republican side, and Dean Phillips—wait, who?—yes, Dean Phillips on the Democratic side. The slingshot of coverage would be forceful enough to make Phillips competitive in South Carolina, then Michigan. By the time the campaign reached Super Tuesday, Schmidt said, Phillips would have worn the incumbent down—and won over the millions of Democrats who’ve been begging for an alternative.

At least, that’s the strategy. Fanciful? Yes. The mechanical hurdles alone, starting with collecting enough signatures to qualify for key primary ballots, could prove insurmountable. (He has already missed the deadline in Nevada.) That said, in an age of asymmetrical political disruption, Phillips might not be the million-to-one candidate some will dismiss him as. He’s seeding the campaign with enough money to build out a legitimate operation, and has influential donors poised to enter the fray on his behalf. (One tech mogul, who spoke with Phillips throughout the week preceding the launch, was readying to endorse him on Friday.) He has high-profile friends—such as the actor Woody Harrelson—whom he’ll enlist to hit the trail with him and help draw a crowd. Perhaps most consequentially, his campaign is being helped by Billy Shaheen, a longtime kingmaker in New Hampshire presidential politics and the husband of the state’s senior U.S. senator, Jeanne Shaheen. “I think the people here deserve to hear what Dean has to say,” Billy Shaheen told me. If nothing else, with Schmidt at the helm, Phillips’s campaign will be energetic and highly entertaining.

Yet the more time I spent with him at the farm, the less energized Phillips seemed by the idea of dethroning Biden. He insisted that his first ad-making session focus on saluting the president, singing his opponent’s praises into the cameras in ways that defy all known methods of campaigning. He told me, unsolicited, that his “red line” is March 6, the day after Super Tuesday, at which point he will “wrap it up” and “get behind the president in a very big way” if his candidacy fails to gain traction. He repeatedly drifted back to the notion that he might unwittingly assist Trump’s victory next fall.

Whereas he once spoke with absolute certainty on the subject—shrugging off the comparisons to Pat Buchanan in 1992 or Ted Kennedy in 1980—I could sense by the end of our time together that it was weighing on him. Understandably so: During the course of our interviews—perhaps five or six hours spent on the record—Phillips had directly criticized Biden for what he described as a detachment from the country’s economic concerns, his recent in-person visit to Israel (unnecessarily provocative to Arab nations, Phillips said), and his lack of concrete initiatives to help heal the country the way he promised in 2020. Phillips also ripped Hunter Biden’s “appalling” behavior and argued that the president—who was acting “heroically” by showing such devotion to his troubled son—was now perceived by the public to be just as corrupt as Trump.

All this from a few hours of conversation. If you’re running the Biden campaign, it’s fair to worry: What will come of Phillips taking thousands of questions across scores of town-hall meetings in New Hampshire?

At one point, under the dimmed lights at his dinner table, Phillips told me he possessed no fear of undermining the eventual Democratic nominee. Then, seconds later, he told me he was worried about the legacy he’d be leaving for his two daughters.

“Because of pundits attaching that to me—” Phillips suddenly paused. “If, for some circumstance, Trump still won …” he trailed off.

Schmidt had spent the weekend talking about Dean Phillips making history. And yet, in this moment, the gentleman from Minnesota—the soon-to-be Democratic candidate for president in 2024—seemed eager to avoid the history books altogether.

“In other words, if you’re remembered for helping Trump get elected—” I began.

He nodded slowly. “There are two paths.”

Phillips knows what path some Democrats think he’s following: that he’s selfish, maybe even insane, recklessly doing something that might result in another Trump presidency. The way Phillips sees it, he’s on exactly the opposite path: He is the last sane man in the Democratic Party, acting selflessly to ensure that Trump cannot reclaim the White House.

“Two paths,” Phillips repeated. “There’s nothing in the middle.”

The Menendez Indictment Could Be a Turning Point

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › bob-menendez-charges-not-guilty-plea › 675774

Even before Bob Menendez was charged earlier this month with conspiring to act as a foreign agent, dozens of his fellow Democrats were calling on him to resign. Prosecutors say Menendez used his political office to influence American policy at the behest of the Egyptian government. He remains a senator—for now—but the latest indictment, coming after corruption charges last month, further complicates his fate. Last week, Menendez, who has pleaded not guilty to all counts, missed an all-senators classified hearing on Israel—no small indignity for a former chair of the Foreign Relations Committee.

According to the indictment, the senator from New Jersey passed along sensitive information to Egypt, acted as a ghostwriter for its officials, and accepted “hundreds of thousands of dollars of bribes.” While researching my next book, a history of the foreign-lobbying industry in the United States, I didn’t come across anything quite like these allegations. They appear to be the first time that an elected federal official has been formally accused of acting as an agent of a foreign government.

Menendez has repeatedly professed his innocence and his loyalty to America. After his arraignment earlier this week, he released a statement calling the foreign-agent charge “as outrageous as it is absurd.” His trial is set for May, when Menendez says he’ll be shown to have done nothing wrong.

[Read: Why this time is different for Bob Menendez]

Even if the allegations are disproved, however, they could reshape how America prosecutes and punishes the kind of misconduct that Menendez is charged with. Until recently, the U.S. has largely ignored its best tool for deterring covert foreign agents. The case against Menendez signals an overdue willingness to use it.

Menendez’s alleged behavior might be novel, but we were warned of its possibility centuries ago. The Founding Fathers recognized that, in some ways, America is particularly vulnerable to foreign influence. “One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption,” Alexander Hamilton wrote in The Federalist Papers. The danger may be greater today: Underpaid and overworked, U.S. officials are ripe for targeting by foreign powers eager to sway decisions in Washington. History, Hamilton noted, “furnishes us with so many mortifying examples of the prevalence of foreign corruption in republican governments.” Why would the U.S. be any different?

For years, these concerns appeared overblown. (Though not entirely: James Wilkinson, who served as the highest-ranking officer of the U.S. Army under each of the first four presidents, was revealed after his death to be an agent of the Spanish monarchy.) Then came the 19th century’s greatest foreign-corruption scandal.

In the late 1860s, Russia’s czarist regime was broke and desperate to sell Alaska, its easternmost province. So the Russian ambassador, Edouard de Stoeckl, secretly hired former U.S. Treasury Secretary Robert Walker to persuade Washington to buy it. Walker quickly obliged, publicly endorsing the purchase, planting articles in influential newspapers, and allegedly—no hard proof ever emerged—bribing legislators. Within a matter of months, Congress voted to back the purchase. When the details of Stoeckl’s gambit later spilled out, one critic described it as the “biggest lobby swindle ever put up in Washington.”

Walker’s offenses were shocking, but at least he had the decency to leave office before committing them. This sets him apart from the precedent that Menendez has now allegedly established. A more recent case, however, comes close.

In 1999, nearly 50 years after his death, Representative Samuel Dickstein of New York was revealed to have been a Soviet agent. KGB archives showed that Dickstein used his office to grant Soviets access to U.S. passports and, in one instance, to pass information about a Soviet defector who was later found dead in a hotel room.

Unlike other Americans recruited by the Soviet Union, Dickstein did not appear to have communist sympathies. Rather, Dickstein—whom Soviet officials nicknamed “Crook”—seemed interested only in money. “‘Crook’ is completely justifying his code name,” Soviet officials wrote. “This is an unscrupulous type, greedy for money … a very cunning swindler.” The Soviets eventually cut him loose, complaining that he wasn’t worth the price he demanded. Dickstein was never found out and spent the rest of his life in public office.

[Read: How the Manafort indictment gave bite to a toothless law]

The revelations were all the more surprising because Dickstein played an instrumental role in passing the Foreign Agents Registration Act, or FARA, America’s best safeguard against people like himself.

In the 1930s, he led a committee that found that Ivy Lee—sometimes called the “father of public relations,” whose clients included the Rockefellers, Woodrow Wilson, and Charles Schwab—covertly advised the Nazis, helping them launder their image in America. At one point, Lee encouraged Joseph Goebbels to cultivate foreign reporters; he told other Nazis to publicly insist that Hitler’s storm troopers were “not armed, not prepared for war.” (One unsigned memo I found in Lee’s archive described Hitler as “an industrious, honest and sincere hard-working individual.”)

Thanks to these and other revelations, Dickstein and the committee played a key role in persuading legislators to pass FARA in 1938, which required anyone representing foreign governments, especially lobbyists, to disclose what they were doing on behalf of their clients. Dickstein is the only known member of Congress to violate the law he helped enshrine.

According to prosecutors, Menendez largely followed Dickstein’s playbook—passing along sensitive information, steering American policy for the benefit of foreign patrons, and accepting staggering amounts of money for his efforts, including in the form of gold bars.

The fact that prosecutors employed FARA to charge Menendez is a welcome development. The legislation was underused for decades, as foreign-lobbying networks—including those targeting sitting officials—flourished. To cite one statistic: Only three FARA-related convictions were secured from 1966 to 2015.

That wasn’t for lack of rule-breaking. A decade ago, Azerbaijan’s dictatorship and its proxies recruited American lobbyists, scholars, nonprofits, and others to promote Azeri interests without disclosing any of their campaigns. Other dictatorships and budding autocracies followed suit. As one 1990 government report found, barely half of registered foreign agents disclosed all of their activities.

When Donald Trump emerged as a political force, FARA experienced something of a renaissance. Although the former president was never accused in court of acting as a foreign agent, some of his closest allies—including his campaign manager Paul Manafort and National Security Adviser Mike Flynn—were convicted on related charges. (Trump later pardoned them both.) But those prosecutions never targeted a sitting official. That honor belongs to Menendez alone.

The renewed interest in FARA has highlighted the ways in which the legislation can be improved. The legal definition of foreign lobbying needs clarifying, and the Department of Justice should be empowered to use civil fines (rather than just criminal penalties) to target covert networks. Effective reforms have been proposed, but they’ve stalled in Congress. As Bloomberg Law reported, one legislator in particular was responsible for thwarting them: Menendez.

If proven guilty, Menendez will come to represent the culmination of the Founders’ fears—perhaps the most “mortifying example” of foreign corruption in U.S. history. But whether or not he’s convicted, Congress could use the attention his case has drawn to strengthen FARA, keep foreign lobbying in check, and give would-be offenders more reason to fear concealing their activities. If the charges against Menendez are a black mark, they can be a turning point too.