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Trump’s Very Fair Trial

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › trump-fair-manhattan-criminal-trail › 678557

Shortly after becoming the first former American president to be convicted as a felon, Donald Trump told reporters outside a Manhattan courthouse that the verdict was a “disgrace,” a “rigged trial by a conflicted judge who was corrupt.”

There is a simple, foolproof way to predict when Trump will describe something or someone as rigged or corrupt: when he doesn’t get what he wants. Elections he loses are fraudulent, legal decisions that go against him are rigged, and anyone who opposes him is corrupt. In every single instance, Trump is decrying not a corrupt individual or rigged process, but a person or process that is not corrupt or rigged enough to give him the results he seeks.

Trump’s attorneys did not offer much in the way of a defense during the trial, relying instead on a “haphazard cacophony of denials and personal attacks,” as the former prosecutor Renato Mariotti put it in The New York Times. Manhattan District Attorney Alvin Bragg charged Trump with falsifying business records in an attempt to cover up a sexual encounter with the adult-film actor Stormy Daniels, in order to prevent news of the incident from breaking during the final, crucial weeks of the 2016 election. As my colleague David A. Graham writes, the payments were made through Michael Cohen, a former Trump operative turned prosecution witness, who paid Daniels $130,000 for her silence. The defense failed to convince the jury that Cohen was not a credible witness to Trump’s crimes despite a past record of dishonesty.

[David A. Graham: Guilty on all counts]

Instead, Trump and his allies spent most of their efforts putting the trial on trial, attacking the presiding judge and the process itself in bombastic press conferences outside the courtroom. Trump was far from being unfairly treated—anyone else engaging in such behavior would have been jailed for contempt; rather, Justice Juan Merchan bent over backwards to overlook his antics. Trump violated gag orders by attacking witnesses and attempting to intimidate Daniels during testimony that “at times seemed to be describing nonconsensual sex,” and attacked the judge’s daughter as a “Rabid Trump Hater.” Yet Merchan told Trump, “The last thing I want to do is put you in jail.” In this trial and others, Trump has received special treatment precisely because he is an important political figure.  

Many political writers originally reacted with disdain to Bragg’s charges, treating them as a sideshow to the much more serious state and federal charges regarding Trump’s alleged theft of classified records and unlawful attempt to seize power after losing the 2020 election. It is true that compared with potentially exposing nuclear secrets to foreign spies and attempting to end American democracy, trying to cover up his encounter with Daniels seems like a much less serious crime. But that cover-up, prosecutors said, was also an attempt to influence an election, and the jury convicted Trump on all 34 counts relatively quickly, after two days of deliberation—a sign of the strength of Bragg’s case and a smoothly run trial. Not every jury gets it right, and not every trial is fair. But few of the Republican objections even contest that Trump did the things he was convicted of doing; they simply amount to demands that Trump be able to commit crimes with impunity, because anything less would be political persecution.

Republican lawmakers have settled on rhetoric attacking the trial itself, alleging that, as House Speaker Mike Johnson said, “Democrats cheered as they convicted the leader of the opposing party on ridiculous charges.” That is not what happened. The document-falsification charges Trump faced are relatively common in New York, even if the theory that they could be upped to felonies because of their connection to an attempt to influence a federal election was novel. Trump was convicted, as the Constitution demands, by a jury of his peers in the city where his crimes were committed, in a process Thomas Jefferson described as “the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.” The American Founders considered trial by jury one of the core ideals of the American Revolution, in part because royal judges were considered too beholden to the King.

Republicans are attacking the New York trial because that court was seen as insufficiently beholden to their king. That prosecution proceeded relatively smoothly because right-wing judges lacked the ability to sabotage or delay the process. My colleague David Frum wrote that “it says something dark about the American legal system that it cannot deal promptly and effectively with a coup d’état.” But the culprit here is not “the American legal system.” Trials for the more serious federal charges against Trump have been delayed by a sustained attack on the rule of law carried out by right-wing legal activists embedded in the judiciary who are committed to postponing any trial long enough for Trump to potentially win an election and then dismiss the charges himself. Put simply, Trump is unlikely to be tried for these more serious charges not because of vague problems with the American legal system, but because a lot of federal judges are Republicans who want the leader of their party to get away with committing federal crimes.

The Trump-appointed Judge Aileen Cannon has, as The New York Times reported, “effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing.” She “has largely accomplished this by granting a serious hearing to almost every issue—no matter how far-fetched—that Mr. Trump’s lawyers have raised, playing directly into the former president’s strategy of delaying the case from reaching trial.”

The conservative-dominated Supreme Court, of which fully a third of the justices are Trump appointees, has also gone along with Trump’s legal strategy of delaying a trial as long as possible. “In recent years, the Roberts Court has shown greater and greater impatience with criminal defendants’ efforts to forestall punishment,” the law professor Aziz Huq wrote in February, noting that “a general hostility to foot-dragging in criminal cases is a through line in the court’s docket.” Not so with Trump.

“The reason Trump has nevertheless sought to slow down the immunity appeals process is obvious: to postpone the trial date, hopefully pushing it into a time when, as president, he would control the Department of Justice and thus could quash the prosecution altogether,” Andrew Weissmann and Ryan Goodman wrote in The Atlantic in March. “The Supreme Court has shamed itself by being a party to this, when the sole issue before the Court is presidential immunity.”

Trump’s legal theory that former presidents are immune to prosecution for crimes committed while in office unless impeached for those crimes is so laughably broad that it would allow a president to assassinate a political rival and then avoid impeachment by threatening to slaughter every lawmaker in Congress. Yet the right-wing justices, sworn to uphold a constitutional order in which no one is above the law, seemed strangely intrigued by this assertion of imperial power during oral arguments earlier this month. Justice Samuel Alito, who has not denied that a flag supporting Trump’s attempted coup was flying outside his house just days after it happened, wondered out loud if prosecuting former presidents who try to overthrow democracy might harm democracy.

The right-wing justices are acting like Republican politicians who believe they are obligated to delay the trial of their party leader as long as possible and potentially prevent it from happening. This is not simply my jaded assessment. Today, Speaker Johnson told Fox News, “I think that the Justices on the Court—I know many of them personally—I think they are deeply concerned about that, as we are. So I think they’ll set this straight.”

Even if the justices reject Trump’s absurd legal theories, their dawdling may still prevent a trial from taking place before November. This gamesmanship by the justices on behalf of the party that appointed them bears far more resemblance to a corrupt or rigged process than a trial by a jury of one’s peers does. And that’s precisely the issue: In a Manhattan courtroom, facing 12 ordinary American citizens, Trump could not count on right-wing legal elites to skew the proceeding in his favor. Trump is not angry because the Manhattan trial that convicted him was rigged; he is angry because it wasn’t.

One should take a moment to appreciate the absolute failure of the Republican elite, who have repeatedly refused to hold Trump accountable. Twice Trump was impeached by Congress for interfering in American elections—once by trying to blackmail a foreign government into falsely implicating his political rival in a crime, and once for trying to keep himself in power by fraudulent schemes and violence. Both times, Republican senators spared Trump the consequences by acquitting him.

Whether they did so out of fear of Trump and his followers or because they are on board with his authoritarian project, the result is the same: The head of the GOP is a convicted criminal who holds democracy in contempt and whose objective is seizing power in order to keep himself out of prison. Republicans have only themselves to blame for this outcome.

[Read: The twisted logic of Trump’s attacks on judges]

As the writer Osita Nwanevu noted in March, “The only people who've ever held Trump meaningfully accountable over the last nine years have been ordinary Americans and they've spent that entire time being lectured to and berated by elites who've failed to do anything.” This is overbroad—Democrats impeached him twice—but there is something to it nonetheless. Republican senators voted to acquit twice knowing that Trump was guilty. Most Republican politicians and conservative media figures kissed Trump’s filthy ring rather than ruin their career or even defend their family from his degrading insults. Right-wing jurists have adapted their supposedly ironclad judicial philosophies to fit Trumpist imperatives.

The 12 jurors who convicted Donald Trump will not have taxpayer-funded bodyguards for the rest of their life. They are not protected by reverence for their office or by their connections to power or money. They surely understood that by convicting Trump, they could be subject to harassment and violence, much as others who have refused to do Trump’s bidding have been.

Yet those 12 random New Yorkers showed more courage in convicting Donald Trump, knowing that they could be hounded for doing so, than nearly the entire conservative elite has in the past decade. Small wonder that this same elite is so terrified of the possibility of Trump facing another jury of his peers, an American institution that has so far proved itself resistant to Trump’s corrupting influence.

How 2024 Could Transform American Elections

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › 2024-election-reform-final-four-voting › 678550

The nation’s tiniest state legislative chamber has been unusually prolific lately. In its most recent session, Alaska’s Senate overcame years of acrimony and deadlock to pass major bills to increase spending on public schools, combat climate change and a state energy shortage, and strengthen penalties for drug dealers. “The universal feeling,” Cathy Giessel, the senate’s majority leader, told me, “was that this was the most productive two years that we have experienced.”

Giessel, a Republican who first took office in 2010, attributes this success not to her colleagues, exactly, but to how they were chosen. In 2022, Alaska became the first state to experiment with a new kind of election. All candidates—regardless of party—competed against one another in the primary, and the top four vote-getters advanced. In November, the winner was determined by ranked-choice voting, in which people list candidates by order of preference. The system—called Final Four Voting—gave a substantial boost to moderates from both parties. Republican Senator Lisa Murkowski won a fourth term, and a centrist Democrat defeated Sarah Palin, the former Alaska governor and 2008 GOP vice-presidential nominee, capturing a House seat that Republicans had held for a half century.

But Final Four had an even bigger impact in the state Senate, where Democrats narrowed the GOP’s long-standing majority. Giessel, who had lost in a traditional primary two years earlier, won her seat back. She and seven of her colleagues ditched three far-right GOP lawmakers to form a governing coalition with Democrats. The group decided to set aside divisive social issues such as abortion and gender identity and focus exclusively on areas where they could find common ground.

[Read: The political-reform movement scores its biggest win yet]

The legislative dealmaking that ensued was exactly what the designers of Final Four Voting had hoped for when Alaskans approved the system in a 2020 statewide referendum. In essence, Final Four is a radical reform designed to de-radicalize politics. Its purpose is to make general elections more competitive and to encourage compromise among lawmakers who had previously held on to power simply by catering to a small, polarized primary electorate that determines the winners of most modern campaigns. This year could be an inflection point for the reform: Four more states—ranging from blue to deep red—could adopt versions of Final Four, and Alaskans will vote on whether to repeal it. In November, voters frustrated with both parties will have a chance to transform the way they pick their leaders—or quash what reformers hope will be the future of American elections.

Final Four isn’t inherently ideological, but it appeals most to voters frustrated with polarization—“normal people who want normal things done,” as Scott Kendall, a former Murkowski aide who led the 2020 campaign to adopt Final Four in Alaska, put it to me.

The ideas that make up Alaska’s system aren’t new. California and Washington State have had nonpartisan primaries for years, and South Dakota voters could approve them in November. Maine has ranked-choice voting for federal elections; Oregon could adopt ranked voting this fall. But Alaska is the first state to combine the two reforms. Final Four backers hope that many more will follow, and they are pouring millions of dollars into ballot initiatives this year to expand it to Nevada, Colorado, Idaho, and Montana.

A sweep for Final Four would reshape not only state capitols but also Washington, D.C., where the system would, in the coming years, elect up to 10 of the U.S. Senate’s 100 members. Representing a combination of red and blue states, they could “form a problem-solving fulcrum” to address challenges that typically resist compromise, Katherine Gehl, who devised Final Four Voting and has spent millions of dollars campaigning for it, told me. “You really can see in Congress a difference with as few as 10 senators,” she said, citing comprehensive immigration reform as an example.

To gain a firmer foothold, advocates of Final Four must clear a number of obstacles. Critics say the system is too confusing for voters to grasp and too complicated for election officials to administer. They also question whether the reform enjoys the broad public support that its wealthy backers claim it does. The proposal faces bipartisan opposition in Nevada. In Alaska, critics on the right hope to scrap the system in its infancy.

And don’t get Colorado started.

The state’s Democratic and Republican parties disagree on virtually everything—except, that is, their shared loathing of Final Four Voting and the businessman, Kent Thiry, who’s trying to bring it to their state. The former CEO of the Denver-based dialysis company DaVita, Thiry has funded successful ballot drives to overhaul political primaries and enable nonpartisan redistricting in Colorado. He’s also a co-chair of the reform group Unite America, which is funding efforts to expand Final Four in other states. Thiry believes that in a year in which most voters don’t like their choices for president, the Final Four movement can “surf that wave of discontent” and offer people in Colorado and elsewhere an opportunity to vote for something new.

[From the December 2019 issue: Too much democracy is bad for democracy]

To Shad Murib, the Democratic Party chair in Colorado, Thiry is simply tossing “a hand grenade” into an election system that voters in the state already like. “It’s a way to rig elections for the highest bidder,” he told me, arguing that doing away with party primaries makes it easier for wealthier candidates to buy their way onto the ballot.

David Williams, the chair of the state’s Republican Party, sees the proposal the same way. The highest bidder, he told me, would be Thiry himself. “This is the one thing me and my counterpart agree on,” Williams told me. “This guy wants to destroy both political parties so that he can get elected.”

Thiry considered a run for governor in 2018, but he told me he was ruling out a bid in 2026. Critics of Final Four, he said, are using his past flirtations with a campaign “as an excuse to not discuss the actual substance of the issue.”

What he doesn’t deny, however, is that reforms such as Final Four are designed to reduce the power of the two major parties. He compares American democracy, rather floridly, to a highway. “The parties control all the on-ramps and the off-ramps, and the toll that they charge in order to get on a democracy highway is kowtowing to the far left or the far right and relatively ignoring the majority in the middle,” Thiry said. “We intend to blow through the toll gates and take back possession of that highway.”

How much voters want this kind of change remains to be seen. Final Four owes its support less to a grassroots movement than to a series of expensive persuasion campaigns funded by a group of wealthy philanthropists. In most cases, they are going around state legislatures, where party leaders aren’t interested in reforms that could threaten their rule.

In Colorado, Democrats say the voting system doesn’t need fixing. Participation in its all-mail elections is already among the highest in the nation, and its Democratic governor and senators are relatively moderate dealmakers. “It’s a solution in search of a problem,” Representative Diana DeGette, a Democrat and the longest-serving member of Colorado’s congressional delegation, told me. To head off Final Four, the state legislature passed a bill that could block voter-approved election reforms from taking effect for years, or possibly forever. Final Four backers are urging the governor, Jared Polis, to veto it.

On top of being unnecessary, critics see the system as a tool of wealthy centrists looking to carve a path to high office for themselves and their allies. But reformers point out that campaigns now aren’t exactly the province of the poor or even of the middle class. Rich people already have a leg up, including in Colorado. Polis, for example, is a tech entrepreneur who spent more than $20 million of his own money to win the post in 2018 after self-funding his first bid for Congress a decade earlier. “They’re just wrong, wrong, wrong, wrong,” Gehl told me about Final Four’s critics. The system guarantees that four candidates make the November ballot instead of two, she pointed out. “If you double the number of people who can get into Disney World, how does that decrease access?” she said.

In Alaska so far, Final Four hasn’t shown much preference for wealthy office-seekers; indeed, it has seemed to attract candidates from underrepresented backgrounds. In 2022, an Alaska Native won a seat in Congress for the first time, and more women ran for office than in the five previous cycles combined. “The open primary blows the doors open not just for women but for minorities,” Giessel said. “It changes the game completely.”

The debut of Final Four in Alaska had its challenges. The sudden death of 88-year-old Representative Don Young on a plane flight in March 2022 opened up Alaska’s lone House seat for the first time since he took office, in 1973, and forced the state to roll out its new system in a special election months earlier than planned.

“It felt like chaos,” Kendall, the Final Four campaigner, told me. Mary Peltola, a centrist and a Murkowski ally, ran as a Democrat and defeated both Palin and another Republican, Nick Begich, through ranked-choice voting. Although the two Republicans collectively earned more votes than Peltola in the initial tally, more than one-quarter of Begich’s voters ranked the Democrat above Palin.

Republicans responded to the defeat by bashing ranked-choice voting, echoing the GOP’s opposition to the system in Maine, where voters approved it after two victories by the Trumpian Governor Paul LePage. Critics of Alaska’s system have succeeded in gathering enough signatures to place a repeal measure on the ballot in November, which Kendall is fighting in court.

Phillip Izon, who is running the repeal drive, told me that the system in Alaska is “fundamentally flawed” and would require “generations” of voter education before people could adequately understand it. He cited the high number of voters who refused to rank their candidates during the special election, and a subsequent drop in turnout in the November midterms. “They say it’s cheaper. They say it’s faster. They say it helps third parties,” he said. “And none of this is true.”

[Read: A radical idea for fixing polarization]

Central to Izon’s critique is the sense that Alaskans didn’t really want Final Four to begin with. In 2020, the transformation of the state’s election system was packaged into a single ballot question with other proposed changes, most notably a popular push to ban “dark money” in state campaigns. Voters, Izon argued, had been “brainwashed” into approving Final Four. Izon told me that he is not registered with either party and doesn’t want his effort to be labeled as partisan. But a video on his campaign’s website leads with quotes from Donald Trump, who has denounced “ranked choice crap voting” as “a total rigged deal.”

Backers of the system say Izon is misstating or exaggerating his claims. “There was no hiding the ball,” Kendall told me, referring to the 2020 referendum. Nor did Republicans get wiped out under Final Four in 2022. Although they lost the House seat to Peltola and a few seats in the legislature, conservative Governor Mike Dunleavy easily won reelection. “We had a lot more opponents the last time around than we do now,” Kendall said.

Yet the champions of Final Four are clearly unnerved by the repeal effort, worrying that it could stunt the idea’s momentum not only in Alaska but elsewhere. The fact that Alaskans could ditch the system so quickly offers opponents in other states a handy talking point. In Nevada, for example, voters approved a version of the system (with five final-round candidates instead of four) in 2022, but under the state’s constitution, they must do so again this fall for it to take effect. “Change is hard. New is hard, and making the case in a crowded year is hard,” Gehl said.

When I spoke with Thiry, he also seemed prepared for some defeats. “Voters are appropriately going to not just run off to the first fancy and new idea that they hear or see,” he said. “If you look at the history of movements in America, every one that we looked at took some heavy hits early on, but they persevered. And we have every intention of doing the same.”

RFK Jr.’s Philosophy of Contradictions

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › robert-f-kennedy-jr-campaign-interview › 678532

Robert F. Kennedy Jr. smiled, threw up a stilted wave, and made eye contact with nobody in particular. He was shuffling into Puckett’s restaurant in Franklin, Tennessee, earlier this month for a plate of midday meatloaf. No advance team had peppered the room with stickers or buttons bearing his name. No one had tipped off the local media. Flanked by his press secretary and a couple of plainclothes security guards, Kennedy made his way toward a large table back near the kitchen, where he and I were scheduled to meet for an interview. The roughly two dozen lunch patrons didn’t appear to clock him, nor did the waiter.

Kennedy’s independent campaign for the White House has a loose, confounding energy to it. Most presidential candidates would glad-hand at a place like Puckett’s; Kennedy didn’t bother. Rather than run on a policy slogan—“Medicare for all,” “Build the wall”—Kennedy has opted for something closer to mysticism. He uses the word existential in nearly every speech. He spends an inordinate amount of time on podcasts.

“You know, so much of life, we see from the surface,” Kennedy told me that day. “It’s like the surface of the ocean. There’s a storm going on, there’s winds blowing, and we get preoccupied with ambitions, with fear, with, you know, trepidation. And then if you sink a few feet below the ocean, it’s calm there. And that, I think, is where we’re supposed to spend as much time as possible, in that place where it’s peaceful, where you understand everything is kind of an illusion. We’re walking through a dream, and our job is to be kind to people, to be open, to be tolerant.”

Despite this hazy rhetoric, establishment Democrats consider Kennedy to be a concrete danger to the future of democracy. House Minority Leader Hakeem Jeffries has called Kennedy “a living, breathing false-flag operation” whose “whole campaign is being run by right-wing political operatives who have one objective: try to take down President Joe Biden.”

When I first interviewed Kennedy last year, many people derided him as a distraction who would quickly fade into obscurity. Five months out from Election Day, Kennedy is polling in the double digits and fighting for nationwide ballot access. His team insists that voters will be able to pull the lever for him in all 50 states and the District of Columbia. Many political observers have argued that, like past third-party candidates who have hurt Democrats, he is poised to draw more votes from Biden than from former President Donald Trump. A recent New York Times/Siena poll showed that Kennedy has particularly strong support among young voters and Latinos, two groups Biden needs more than Trump. Yet he’s also drawing support from Republicans and conservatives. Many of these voters are willing to look past his conspiratorial, anti-vaccination statements. Some may share his views.

[Read: The first MAGA democrat]

While Biden and Trump fight for first place, Kennedy is zigzagging around the country, talking about our need to reconnect with the Earth and rediscover our shared humanity. Born and raised an East Coast Catholic, he now resembles an aging California hippie preaching New Age mantras. He’s not running a winning operation so much as he’s on a public self-actualization journey. And America will have to live with the consequences.

Like with Biden and Trump, Kennedy’s mental state receives armchair diagnoses on a daily basis. But, unlike Biden and Trump, Kennedy says he once had a parasitic worm in his brain. I asked him if he would consent to undergoing a cognitive test. “The cognitive exam is called the debates. I would gladly take it,” he said. “I take a cognitive exam every time I do a podcast—I challenge the other candidates to take the cognitive test with me.” He added that he’d release his medical records if his chief opponents did the same.

Three nights before our lunch in Tennessee, I showed up at Kennedy’s rally in Austin, Texas. Outside the venue I spotted one attendee with colorful markers scribbling out a homemade sign: WORMS NOT WARS. The man, a 39-year-old named Steven Kinsey, told me he had spent his entire adult life supporting Democrats, including Biden. But several months ago he happened to hear Kennedy on Theo Von’s podcast when the episode came up on shuffle. “I was like, ‘Oh, isn’t that that crazy Kennedy?’” he said. “So I just left it on for entertainment purposes. And I was blown away. I was like, ‘This isn’t the same guy that everyone says is wacko.’”

[From the May 2024 issue: Is Theo Von the next Joe Rogan?]

Kennedy’s rhetoric—whether you believe it to be wacko or compelling—is full of contradictions. He views himself as a pacifist—an anti-war candidate who nonetheless falls to the right of many liberals on key issues of the moment, including Israel in its war with Hamas. Kennedy told me he is “very pro-Palestinian,” but like Biden, he is steadfastly supporting Israel. “I think, for Israel’s future, for Gaza’s future, Hamas has to be gotten rid of,” he said. “I don’t see what happens in a cease-fire. I don’t even understand what people, you know, expect out of it.”

Kennedy made headlines in early May for saying he supported abortion rights up until the moment of birth. But over lunch with me several days later, he explained why he had already modified his position, supporting abortion rights only to the point of fetal viability. “I’ve had 40 years that show that I’m pretty indifferent to a political cost of whatever issue,” he said. “If I’m wrong about something, if somebody shows me facts, I’m going to change my mind.” When I asked whether he’d enshrine abortion rights at the federal level, he was cagey. “Maybe an early—you know—before viability,” he said. “Listen, I don’t tell people I’m going to do something I don’t think can be done.”

In the early 2000s, Kennedy helped popularize the idea that vaccines cause autism, a theory that remains scientifically unproven. Last summer, he falsely claimed that the coronavirus pandemic may have been “ethnically targeted” to attack Caucasians and Black people, and that “Ashkenazi Jews and Chinese” are most immune from the virus. Nevertheless, he rejects the anti-vax label. “First of all, virtually everything that the press has written about my opinion of vaccines is wrong,” he told me. He said he believes that his position on vaccines is “aligned with what 99 percent of Americans feel.” In a bit of revisionist history, he said his stance boils down to “If people want vaccines they should be able to get ’em. I’m not going to do anything to interfere with that.” He told me that he wants people to have “the best science” on risk and efficacy. “And that’s all I’ve been saying for years. And that the people who are injured by vaccines, there’s a certain amount of people who are injured, and that we ought to be listening to them, not telling them that they’re fine and gaslighting them.”

Kennedy has practically zero chance of winning the White House and turning these policy positions into laws. As of now, he won’t participate in the first presidential debate in June. During our lunch, I asked him which state he most believes he’ll win, or, more generally, if he has a viable path to 270 electoral votes. He mentioned a few spots where he’s gaining traction, but couldn’t answer either question definitively. “I’m only peripherally involved in that part of the campaign,” he said of state-level plans—he was saying, in other words, that he’s not involved in the part of the campaign that’s concerned with trying to win the election. He deferred my nuts-and-bolts queries to his campaign manager, Amaryllis Fox Kennedy, his daughter-in-law.

“You know, there’s a mathematical answer,” she told me by phone last night. “But there’s also an answer that really has continued to transcend math all the way through.” She referred to this as “the America that almost was and what could be,” paraphrasing the author Charles Eisenstein. “Part of what I think a lot of observers, at least at this stage in the cycle, get wrong, is looking at national races rather than looking at individual states and how together they deliver a new leader to the White House,” she said.

I asked her which individual states her campaign will win.

“Well, you know, John, I would love to tell you that list,” she said. “One of the aspects to our electoral map that’s extremely important is not signaling where we’re going to be focused, ensuring advertising rates and attention and so forth are affordable and achievable there. So I can’t share the states with you except to say that Bobby is speaking to all Americans, and most especially to Americans who’ve been completely ignored by the map of the two-party system for decades and decades and are ready to have a say in the system.”

I asked her again. She eventually said that her team has a list of 29 states, but refused to share any of them, raising the possibility that Kennedy’s opponents may try to infiltrate their campaign. “Where we see the strongest numbers right now is, you know, the matter of a lot of internal polling. I’m sure the other campaigns are doing their own internal polling. But in the balance of resources, it wouldn’t be wise for us to spend a lot of hours on polling and then share them publicly.”

Though Kennedy will almost certainly lose the election, he could still affect its outcome by being a spoiler. The Democrats sense this. The DNC recently hired the veteran operative Lis Smith to lead a team focused on attacking third-party candidates, Kennedy in particular. Outside Kennedy’s rally in Austin, a black box truck drove laps around the venue. Among the rotating messages on its exterior about Kennedy and his running mate: WHY IS TRUMP’S TOP DONOR SPENDING $20 MILLION TO PROP UP RFK JR. AND NICOLE SHANAHAN? Beneath Photoshopped images of the two candidates in MAGA hats was a disclaimer: PAID FOR BY THE DEMOCRATIC NATIONAL COMMITTEE.

The Democratic pollster and strategist Ben Tulchin has recently been looking closely at two swing states, Arizona and Pennsylvania. In Arizona, in particular, Tulchin’s data indicate that Kennedy is a bigger threat to Biden than he is to Trump, especially among young people and Latinos. “I’ve been raising the alarm with the Democratic Party and anyone who will hear me in the Biden campaign,” Tulchin told me.

At the national level, though, a clear picture has yet to emerge. Patrick Murray, director of the Monmouth University Polling Institute, told me in an email, “There is no evidence in the current polls that conclusively points to RFK pulling more support from either side.” He continued, “The problem is, of course, with expected close outcomes in a few key Electoral College states, any small spoiler effect that’s hidden in the polling margins can have major consequences. Sample polling may not be precise enough to find it, unless you can interview every voter. That type of polling is called an election.”

Kennedy keeps steadily attracting not just independents but a mix of Democrats and Republicans alike. This aligns with what I’ve noticed at his events—a diverse generational cross section: crypto bros, cowboys, crunchy hippies. Kennedy looks out from the stage and sees it, too—all the wide-eyed voters looking back.

To stiff-arm the spoiler characterization, Kennedy refers to his own polling that shows he’d defeat either Biden or Trump in head-to-head matchups. “I’m not a spoiler, because I can win,” he told me flatly.

Trump rallies brim with a dystopian, campy Americana. Biden rallies barely exist. Kennedy rallies, meanwhile, tend to feel like giant house parties. Opening acts usually include cover bands, and many attendees mingle while sipping drinks. Inside the downtown-Austin venue, nearly 1,000 people milled about multiple bars and listened to a band cycle through crowd favorites: Tom Petty’s “I Won’t Back Down,” 4 Non Blondes’ “What’s Up?,” and, in an ironic twist, Creedence Clearwater Revival’s “Fortunate Son.”

One of the first speakers that night was the regenerative-farming influencer Ryland Engelhart. He quoted the mystic poet Rumi and affectionately likened the RFK Jr. campaign to Noah’s Ark—“a big foolish project.” Engelhart told the crowd that he had been sitting on the toilet scrolling through his phone when he first discovered Kennedy and his message. He spoke wistfully about a recent fundraiser that ended with Kennedy joining his donors in a sweat lodge. He paraphrased another Rumi line at the end of his speech: Out beyond ideas of wrongdoing and rightdoing, there is a field. I’ll meet you there. Then offered a 2024 addendum: “There is a president beyond Donald Trump and Joe Biden. I will meet you there.”

[Read: The RFK Jr. strategy clicks into focus]

Shanahan made a rare public appearance that night. A Silicon Valley businesswoman and reported billionaire, she has no political experience and is not a natural public speaker. Most of her message was not about the election, but about topics such as healthy soil and the danger of forever chemicals in food. “A lot of our most innovative solutions come from outside conventional politics—they are in the realm of what’s been called ‘alternative,’” she said. “Yes, I know that sounds so radical. It shouldn’t. I have seen the power of these little alternative ways of thinking in my own life. I have used alternative health practices to restore my health, my fertility … I know what is possible when you think with an alternative, creative mindset.”

When Kennedy took the stage, he told the crowd, “Every time I see her speak, I fall a little bit more in love with her.” He went on, “Most of the presidential candidates we have today, they sound like they’re doing a satire of Veep. And that’s not what you hear from Nicole—you hear a lecture about soil!” He warned that the more Americans spend on medicine, the unhealthier we get. “What is it that is causing us not to see that?” he asked. “What is it that is causing us to constantly feed this beast that is making us more and more sick all the time? It’s the corrupt political system. It’s the subversion of our democracy.” His message built toward a call-and-response finale. “If Nicole and I get into office, everything is going to change,” Kennedy said.

“Don’t you want everything to change?”

“Yes!” the crowd shouted.

“Is there anything that you want to keep the same?”

“No!”

Some of the people most concerned about Kennedy’s impact on the election are members of his own family. Last year, a few Kennedys began speaking out against what they saw as the dangers of his campaign. His brother Christopher Kennedy recently characterized RFK as “unreachable,” a “true believer” with “fringe thinking,” “crackpot ideas,” and “unsound judgment.” On St. Patrick’s Day this year, dozens of Kennedys gathered at the White House and took a family photo with Biden—an unsubtle message to RFK.

I asked Kennedy what had gone through his mind when he saw that photo. He stared off at a refrigerator along the wall separating the restaurant’s dining room from its kitchen. He wiped his eye. He leaned forward with both elbows on the table. All told, it took him 34 seconds to formulate his answer. Kennedy acknowledged that he has family members who are “not enthused” about his candidacy, and some who are supporting him. “I don’t harbor resentments anymore,” he said. “I just don’t. I think they’re corrosive. They’re like swallowing poison and hoping someone else will die.”

[Read: Where RFK Jr. goes from here]

He told me that he had expected to be polling well among his fellow Baby Boomers, because they were the ones with the most nostalgia for his father and uncle—the Camelot era. But so far, he said, younger people were his strongest bloc of support, people who likely didn’t think much about that history. I asked if he felt primarily like a Kennedy, someone carrying on a family legacy, or if he saw himself as just Bobby.

“Where do we get our sense of self?” he asked. “It comes from the principles which are the boundaries of that entity. The principles, the places where we say to ourselves, ‘I would never do that.’ And it comes from, you know, feelings that are the product of our history and our culture and our genes. You know, I grew up in this family. That lucky event, for me, has been one of the formative features and forces of my life. And has crafted everything I believe in as a person. It’d be hard for me to separate myself from my family.”

He characterized the past year of campaigning as “a very intense lesson on all the things that you’re supposed to learn in the course of your life.” Running for president, he said, teaches you how to process antipathy. “You got a lot of hatred coming in, and anger, and then, you know, the opposite of that, too.” The goal he chases is to treat “everything as an imposter,” even the adulation. But he seems to have a harder time with that last part.

“I think one of the inspiring things for me is how many people have put hopes in me for change. And I’m sure if you interview some of these people who are following me, it’s extraordinary to me that so many people show up,” he said. “A lot of them come to me crying and just voice their hopes. And it feels like a big responsibility.” He told me that this has changed him in a “fundamental” way. “It’s made me try to be the person that, you know, people hope I am.”

It’s hard to know who that person is, or what he stands for. Kennedy told me that he believes the worst things Trump did as president were instituting lockdowns during the early phase of the pandemic and walking away from a nuclear-weapons treaty with Russia. He referred to Biden’s border policy as “a catastrophe.” He wants voters to distrust the government, yet he also wants to run the government. Kennedy remains a magnet for the disillusioned. His philosophy isn’t profound, but his supporters seem to know that he’s saying something, and that it’s a little dangerous and alluring. In an election with two deeply unpopular major-party candidates, that message—even if it doesn’t add up to much—is resonating.

The Real ‘Deep State’

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 07 › wolves-of-k-street-book-review-lobbying › 678523

This story seems to be about:

On March 18, news broke that Donald Trump intended to restore the disgraced lobbyist Paul Manafort to the ranks of his campaign advisers. In any other moral universe, this would have been an unimaginable rehabilitation. Back in 2016, as revelations about Manafort’s work on behalf of pro-Kremlin politicians in Ukraine began appearing in the press, even Trump considered him a figure so toxic that he forced him to resign as chair of his campaign. Two years later, Manafort was locked up in federal prison on charges of tax evasion and money laundering, among other transgressions. His was one of the most precipitous falls in the history of Washington.

But at this stage in that history, it’s not remotely shocking to learn that the revolving door continues to turn. By the end of Trump’s term, Manafort had already won a presidential pardon. His unwillingness to cooperate with Special Counsel Robert Mueller’s investigation had earned him Trump’s unstinting admiration: “Such respect for a brave man,” he tweeted. Now it seemed that Manafort’s loyalty would be rewarded with the lobbyist’s most valuable tool: the perception of access, at an opportune moment.

In early May, under growing media scrutiny for international consulting work that he’d reportedly been involved in after his pardon, Manafort said that he would “stick to the sidelines,” playing a less visible role in supporting Trump. (He’d recently been in Milwaukee, part of meetings about this summer’s Republican National Convention programming.) But if Trump wins the election, Manafort won’t need 2024 campaign work officially on his résumé to convince corporations and foreign regimes that he can bend U.S. policy on their behalf—­and he and his ilk will be able to follow through on such pledges with unimpeded ease. A second Trump term would mark the culmination of the story chronicled by the brothers Luke and Brody Mullins, a pair of energetic reporters, in their absorbing new book, The Wolves of K Street: The Secret History of How Big Money Took Over Big Government.

[From the March 2018 issue: Franklin Foer on the origins of Paul Manafort]

As Trump dreams about governing a second time, he and his inner circle have declared their intention to purge what they call the “deep state”: the civil service that they regard as one of the greatest obstacles to the realization of Trump’s agenda. What they don’t say is that the definition of the deep state—an entrenched force that wields power regardless of the administration in the White House—now fits the business of lobbying better than it does the faceless bureaucracy. This is the deep state, should Trump emerge the victor in the fall, that stands to achieve near-total domination of public power.

Lobbying, like Hollywood and Silicon Valley, is a quintessentially American industry. The sector took root along the K Street corridor of gleaming glass-and-steel buildings in downtown D.C. during the 1970s. Though accurately capturing the scale of its growth is hard, a study by George Mason University’s Stephen S. Fuller Institute reported that, in 2016, the “advocacy cluster” employed more than 117,000 workers in metropolitan Washington (that’s more than the population of Manchester, New Hampshire). In theory, lobbying is a constitutionally protected form of redressing grievances. Businesses have every right to argue their case in front of government officials whose policies affect their industries. In practice, lobbying has become a pernicious force in national life, courtesy of corporate America, which hugely outspends other constituencies—­labor unions, consumer and environmental groups—­on an enterprise now dedicated to honing ever more sophisticated methods of shaping public opinion in service of its own ends.

The forerunners of the modern lobbyist were Tommy “The Cork” Corcoran, a member of President Franklin D. Roosevelt’s brain trust, and Clark Clifford, who ran President Harry Truman’s poker games. Both men left jobs in government to become freelance fixers, working on behalf of corporate behemoths (the United Fruit Company, for example, and General Electric). Mystique was essential to their method. Corcoran kept his name out of the phone book and off his office door. If a company was bothered by a nettlesome bureaucrat—­­or wanted help overthrowing a hostile Central American government—they were the men ready to pick up the phone and make it so.

But Corcoran and Clifford were anomalous figures. In the late ’60s, only about 60 registered lobbyists were working in Washington. Most businesses, during the decades of postwar prosperity, didn’t see the point in hiring that sort of help. Management was at peace with labor. Corporations paid their taxes, while reaping ample profits. Then along came Ralph Nader, a young Harvard Law School graduate who ignited the modern consumer movement. By dint of his fervent advocacy, he managed to rally Congress to pass the National Traffic and Motor Vehicle Safety Act in 1966, which led auto­makers to install headrests and shatter-resistant windshields. Nader, a scrappy upstart, single-handedly outmaneuvered the great General Motors.

[From the October 1966 issue: Elizabeth Drew on the politics of automobile safety]

Slow to register an emerging threat, corporate America sat complacently on the sidelines while an expansive new regulatory state emerged, posing a potential obstacle to business imperatives: The Environmental Protection Agency was established in 1970, followed by the Occupational Safety and Health Administration the next year, and the Consumer Product Safety Commission in 1972. Meanwhile, in 1971, a lawyer in Richmond, Virginia, named Lewis Powell urged a counterrevolution, writing a memo that called on the corporate world to build the infrastructure that would cultivate pro-business intellectuals and amass political power to defend the free market. Later that year, Richard Nixon named him to the Supreme Court.

A figure from outside the conservative orbit became the ground commander of the corporate cause in the capital. Tommy Boggs was the son of the legendary Hale Boggs, a Democratic congressman from Louisiana. The Great Society was, in no small measure, Hale’s legislative handiwork, and Washington was in Tommy’s blood. (As a boy, he ran House Speaker Sam Rayburn’s private elevator in the Capitol.) He saw how he could become a successor to Corcoran and Clifford, but on a far grander scale. After a failed run for Congress in 1970, he devoted himself to expanding the lobbying firm Patton Boggs.

Boggs mobilized a grand corporate alliance (including television networks, advertising agencies, and food conglomerates) to roll back the liberal state—and then ferociously used his connections on his clients’ behalf. M&M’s and Milky Way (he was working for the Mars candy company) were among the beneficiaries of a major victory. Jimmy Carter’s Federal Trade Commission had threatened to regulate the advertising of candy and sugar-heavy cereals directed at kids. Boggs sent the deputy editor of The Washington Post’s editorial page, Meg Greenfield, material about the horrors of this regulation. The newspaper then published an editorial with the memorable headline “The FTC as National Nanny.” Senators thundered against the absurdity of the new vigilance. The FTC abandoned its plans.

Boggs ignited not just a revolution in American government, but a cultural transformation of Washington. Before his ascent, patricians with boarding-school pedigrees sat atop the city’s social hierarchy, disdainful of pecuniary interests and the ostentatious flaunting of wealth. Boggs, very highly paid to work his wonders, rubbed his success in Washington’s face. He would cruise around town in one of the firm’s fleet of luxury cars with a brick-size mobile phone plastered to his face, a cigar dangling from his mouth.

The story that unfolds in The Wolves of K Street features an ironic twist: Liberal activists figured out how to mobilize the public to care about important issues and how to inspire them to become democratically engaged. K Street fixers saw this success, then adapted the tactics to serve the interests of corporations. In the Mullinses’ narrative, this evolution found its embodiment in Tony Podesta. An activist who came of age during the anti-war movement of the 1960s and a veteran of George McGovern’s 1972 presidential campaign, Podesta made his name running the TV producer Norman Lear’s group People for the American Way, a progressive counterweight to Jerry Falwell’s Moral Majority. In 1987, Podesta helped rally the left to sink Robert Bork, Ronald Reagan’s Supreme Court nominee.

Not long after, Podesta left the world of public-interest advocacy and began to sell his expertise—­at first primarily to liberal groups, then almost exclusively to businesses. Using the techniques he learned while working with Lear, he specialized in deploying celebrity figures to influence public attitudes, counting on citizen sentiment to in turn sway politicians. To block the FDA from regulating vitamins in 1993 (his client was a group of dietary-supplement manufacturers), he cut an ad with the actor Mel Gibson that depicted a SWAT team busting him at home for possessing vitamin C. “Call the U.S. Senate and tell them that you want to take your vitamins in peace,” Gibson said in a voice-over.

With stunning speed, Podesta—a bon vivant who went on to amass one of Washington’s most impressive private collections of contemporary art—had gone from excelling in impassioned advocacy to becoming promiscuous in his choice of client. To fund his lifestyle, the Mullinses write, he helped Lockheed Martin win approval of the sale of F-16s to Pakistan, even though the Indian government, another client of the Podesta Group, opposed the deal. He represented the tire manufacturer Michelin and its competitor Pirelli. Over the objections of his staff, he joined forces with Paul Manafort to polish the image of Viktor Yanukovych, the corrupt pro-Kremlin politician who ruled Ukraine until a revolution ousted him in 2014.

As K Street boomed, the Mullinses show, its denizens remade American life well beyond Washington culture. They report that the firm Black, Manafort, Stone, and Kelly, also a central player in their book, aided the Australian magnate Rupert Murdoch in overcoming regulatory obstacles and extending his corrosive media empire in the United States. In the ’80s, the firm became masters at deregulating industries and securing tax breaks for the powerful—$130 million for Bethlehem Steel, $58 million for Chrysler, $38 million for Johnson & Johnson—helping to usher in an age of corporate impunity and gaping inequality.

The Wolves of K Street is full of cautionary tales about the normalization of corruption. Revolving-door practices—leaving government jobs and parlaying insider connections into lucrative lobbying work—became part of the system. Meanwhile, the culture fueled fraudulent self-aggrandizing of the sort on lurid display in the sad case of a relatively fringe figure named Evan Morris. A kid from Queens who first arrived in town as a college intern in the Clinton White House, he quickly grasped that K Street represented the city’s best path to power and wealth. He scored a coveted job at Tommy Boggs’s firm while in law school, arriving just as lobbyists became essential cogs in a whole new realm: the machinery of electioneering.

The McCain-Feingold Act of 2002—campaign-finance legislation intended to wean the political system off big donors—prevented corporations and individuals from writing massive checks to political parties. Unable to rely as heavily on big donors, campaigns were happy to outsource to lobbyists the arduous job of rounding up smaller contributions from the wealthy: Lobbyists became “bundlers,” in fundraising parlance. As a 20-something, Morris proved to be one of the Democratic Party’s most exuberant solicitors, promising donors VIP access to events that he couldn’t provide, or intimating that he was asking on behalf of Boggs himself, which he wasn’t. Despite his relative inexperience, he managed to schmooze with the likes of Chuck Schumer and Hillary Clinton.

He went on to work for Roche, a Swiss pharmaceutical giant, and hatched a kind of campaign that he described as “black ops.” Amid the bird-flu outbreak of 2005, the Mullinses write, he began urging the government to stockpile the antiviral medication that Roche produced. He hired consultants to promote news stories that stoked public panic about the bird flu. He compiled studies touting the benefits of the drug, including some written by people who had at one point received money from Roche. The government bought more than $1 billion worth of the antiviral.

Morris’s job was to bend perception—and he also tried to bend the way that Washington perceived him. In 2009, he was hired to head the Washington office of Genentech, a Roche subsidiary. He became relentlessly acquisitive: three Porsches, multiple Cartiers and Rolexes, humidors filled with the finest cigars. Apparently, many of Morris’s extravagant purchases were bought with Genentech’s money, including a condo in San Francisco and a GMC Yukon.

Such a brazen scheme didn’t escape his superiors’ notice. While being presented by investigators with damning evidence of his malfeasance, Morris left the room to take a bathroom break and never returned. That afternoon, he went to the Robert Trent Jones Golf Club in Gainesville, Virginia, which he had paid a $150,000 initiation fee to join. That night, he retreated to a quiet corner of the club grounds and shot himself with a Smith & Wesson revolver. He was 38.

Yet such downfall narratives feel strangely dissonant. Although a handful of lobbyists may suffer a dramatic tumble from grace, the industry itself does nothing but boom. Each time a new reform surfaces, aimed at curtailing K Street’s power, influence peddlers figure out how to exploit the rules for greater influence and profit. Although Trump promised to drain this swamp, the swamp flourished. From 2016 to 2018, spending on K Street increased 9 percent, rising to $3.5 billion.

Washington lobbying firms have ballooned into conglomerates, resembling the multinational corporations that hire them. K Street currently consists of data analysts, pollsters, social-media mavens, crisis managers, grassroots organizers. Lobbying firms are one-stop shops for manipulating opinion—and are experts at image management, including their own: Their employees’ business cards identify them as “consultants” and “strategists,” now that everyone associates lobbying with sleaze.

Lobbying has disguised itself so well that it is often barely visible even to savvy Washington insiders. The Mullinses tell the story of Jim Courtovich, the head of a boutique public-relations firm and a close collaborator of Evan Morris’s. Courtovich’s business plan featured splashy parties that attracted top journalists and other prominent figures with whom he hoped to trade favors. Mingling with the media, the Mullinses write, Courtovich encouraged stories that might help his clients; in one case they cite, the goal was to damage a Saudi client’s rival. Starting in the fall of 2015, many such gatherings were hosted at a house his firm owned on Capitol Hill; presumably, the reporters who attended them had no idea that Saudi investors had financed the purchase of the building. In 2016, the authors note, Courtovich began working for the Saudi-government official who would later allegedly orchestrate the murder of The Washington Post’s Jamal Khashoggi, a colleague of the journalists he assiduously cultivated.

As lobbying has matured, it has grown ever more adept at turning government into a profit center for its clients. Even Big Tech, which once treated Washington with disdainful detachment, seems to have felt the irresistible, lobbyist-enabled pull of chunky contracts with the feds. Such possibilities were part of the pitch to Amazon, for example, to erect a second corporate headquarters in Crystal City, Virginia, enticed by the prospect of pursuing multibillion-dollar contracts with the likes of the CIA and the Pentagon. (Amazon has said that political considerations played no part in the company’s decision.)

For eager beneficiaries of government largesse—not to mention for their equally wolfish facilitators—a second Trump administration would represent a bonanza, unprecedented in the history of K Street. Trump’s plan to overturn a bureaucratic ethos that has prevailed since the late 19th century—­according to which good government requires disinterested experts, more loyal to the principles of public stewardship than to any politician—opens the way to installing cronies who will serve as handmaidens of K Street. The civil service, however beleaguered, has acted as an imperfect bulwark against the assault of corporate interests. Its replacement would be something close to the opposite. The hacks recruited to populate government departments will be primed to fulfill the desires of campaign donors and those who pay tribute to the president; they will trade favors with lobbyists who dangle the prospect of future employment in front of them. This new coterie of bureaucrats would wreck the competence of the administrative state—and the wolves of K Street will feast on the carcass of responsible governance.

This article appears in the July/August 2024 print edition with the headline “The Industry That Ate America.”

Trump’s Stop-and-Frisk Agenda

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › trumps-extreme-plans-crime › 678502

Even as Donald Trump relies on unprecedented support from Black and Latino voters, he is embracing policies that would expose their communities to much greater police surveillance and enforcement. The policies that Trump is pledging to implement around crime and policing in a second presidential term would reverse the broad trend of police reform that accelerated after the murder of George Floyd, four years ago today.

Trump has endorsed a suite of proposals that would provide cities with more funds to hire police officers; pressure officials in major cities to employ more aggressive policing tactics, such as “stop and frisk,” in high-crime neighborhoods; and strengthen legal protection for law-enforcement officers accused of misconduct.

“I suspect that in many places, you would see policing that is much harsher, much more punitive, [and] not nearly as concerned about the racial disparities in the way that policing happens,” Christy Lopez, a former Justice Department attorney who led multiple federal investigations of racial bias in police departments around the country, told me. “All of those things that we have been working for years to dismantle will be built up again.”

The cumulative effect of Trump’s proposals would be to push local police departments toward arresting more people. That dynamic would inevitably increase the number of Black and Latino people entangled in the criminal-justice system, after years of declines in the total number of arrests.

The magnitude of Trump’s plans on policing and crime has drawn little attention in the presidential race so far. But on virtually every front, Trump proposes to use federal influence to reverse the efforts toward police reform that have gained ground over roughly the past decade, and especially since Floyd’s murder by the Minneapolis police officer Derek Chauvin in 2020 spurred the largest nationwide protests since the 1960s. “We will give our police back their power and their respect,” Trump declared in his appearance at the National Rifle Association convention last weekend.

[Juliette Kayyem: The government isn’t ready for the violence Trump might unleash]

In a campaign video last year, Trump laid out a sweeping second-term agenda on crime and policing. He promised “a record investment” in federal funds to help cities hire and train more police. He said he would require local law-enforcement agencies receiving federal grants to implement an array of hard-line “proven policing measures” including “stop-and-frisk, strictly enforcing existing gun laws, cracking down on the open use of illegal drugs,” and cooperating with federal immigration agencies “to arrest and deport criminal aliens.”

Trump has also pledged to launch federal civil-rights investigations against the reform-oriented progressive prosecutors (or “radical Marxist prosecutors,” in Trump’s terms) who have been elected in New York, Chicago, Los Angeles, and Philadelphia, among other big cities. He has promised to pursue the death penalty for drug dealers and has repeatedly called on police to shoot shoplifters: “Very simply, if you rob a store, you can fully expect to be shot as you are leaving that store,” he said in one speech.

Perhaps most dramatically, Trump has indicated that he will dispatch the National Guard and other federal law-enforcement personnel “to restore law and order” in cities where “local law enforcement refuses to act.” Trump, in fact, has said on multiple occasions that one of his biggest regrets from his first term is that he deferred to city officials, who resisted his calls to deploy the National Guard or other federal law-enforcement forces onto their streets. Trump and Stephen Miller, his top immigration adviser, have also said they intend to dispatch the National Guard to major cities to participate in his planned mass-deportation campaign.

Trump has not provided detail on his crime proposals; some experts say that makes it difficult to evaluate their potential impact. “Reading over the Trump plan, I would say it is a mix of the good, the bad, the puzzling, and the incoherent,” Jens Ludwig, director of the University of Chicago’s crime lab, told me.

Trump’s most frequent promise has been his pledge “to indemnify all police officers and law-enforcement officials,” as he put in his NRA speech, “to protect them from being destroyed by radical-left lunatics who are angry that they are taking strong action on crime.”

Exactly how Trump, at the federal level, could provide more legal protection to police officers is unclear. Experts point out that police officers already are shielded by the doctrine of “qualified immunity” against litigation, which the Supreme Court has upheld in multiple cases. Even in cases where law-enforcement agencies admit to misconduct, the damages are virtually always paid by the city, not the individual police officer.

In 2021, with President Joe Biden’s support, House Democrats did pass police-reform legislation, named the George Floyd Justice in Policing Act, that limited qualified immunity and would have made suing police for misconduct easier, but that bill died in the Senate. Some states and local governments have since moved to weaken qualified immunity as a defense in state courts. Trump appears to envision passing national legislation that codifies broad protection for police and preempts any state effort to retrench it.

Trump could also face problems precisely defining the policing tactics he wants to require local officials to adopt as a condition for receiving federal law-enforcement grants. Trump, for instance, has repeatedly praised the stop-and-frisk program launched in New York City by then-Mayor Rudolph Giuliani. Under that program, the New York Police Department stopped large numbers of people—many of them young Black and Latino men—and claimed to be searching for drugs or guns. But eventually a federal district judge declared that the program violated the Constitution’s protections against unreasonable search and seizure, as well as its guarantee of equal protection, and the city later abandoned the tactic.

Lopez, now a professor at Georgetown University Law School, says that Trump can’t order other police departments to precisely replicate the aggressive stop-and-frisk practices from New York City that have been found unconstitutional. But, she says, tying federal aid to stop-and-frisk and the other hard-line policies Trump is promoting could nonetheless exert a powerful signaling effect on local law enforcement.

“At the federal level, you can use your influence, your dollars, your training to encourage practices that are more or less alienating to communities,” she told me. Trump’s touting of stop-and-frisk, Lopez added, is “a signal that his administration is going to really promote some of the most aggressive, alienating practices that police departments have partaken in.”

Reinforcing the funding message is the approach Trump has laid out for civil-rights oversight of policing. Trump’s Justice Department stopped nearly all federal investigations into allegations of bias in police enforcement: His administration launched only one investigation of a police department (a single unit in Springfield, Massachusetts), abandoned a consent decree that Barack Obama’s Justice Department had negotiated for reforms in Chicago, and ultimately effectively banned department lawyers from seeking further consent decrees with other localities.

Now Trump is pledging to instead pursue federal civil-rights investigations against the reform prosecutors who are challenging local policing and charging practices. That shift in emphasis would likely provide another nudge for cities toward more intrusive enforcement approaches. The rollback “in federal oversight of policing” that Trump pursued in his first term, Lopez says, “will look like child’s play if Trump is reelected.”

Public-safety analysts sympathetic to Trump’s vision say it represents a necessary course correction after the array of criminal-justice reforms that policy makers have advanced roughly since the death of Michael Brown in Ferguson, Missouri, in 2014. Rafael Mangual, a fellow at the conservative Manhattan Institute, argues that, partly because of those reforms, policing has “become a much harder job to do.” Mangual agrees that Trump’s agenda could result in more arrests of minority young people, but says that would be an acceptable cost for improving safety in the low-income, heavily minority neighborhoods where crime is often most prevalent. “If you are talking about things like adding more police and having them be more proactive in the field, I think it is absolutely the case, especially in high-crime communities, what you are going to see is improvement on those measures,” he told me.

[Russell Berman: The voters who don’t really know Donald Trump]

But critics believe that Trump’s approach would reduce police accountability and increase incarceration rates without providing more public safety. The unifying idea in Trump’s proposals seems to be “that all we need for public safety is more enforcement and punishment,” says Daniela Gilbert, director of Redefining Public Safety at the Vera Institute for Justice, a liberal police-reform advocacy group. “If that was effective, we’d already have safer communities.”

Ludwig agrees with Mangual that low-income minority neighborhoods would gain the most from a reduction in crime. But, like Gilbert, Ludwig says it’s not clear that the agenda Trump has laid out would achieve that goal. “He’s saying two things: more policing and more aggressive policing,” Ludwig told me. “I think the more policing [is] good, the more aggressive policing—not helpful.”

Although some other criminologists disagree, Ludwig says the evidence is that hiring and training more police does lower crime, and that those benefits will be felt “disproportionately in low-income communities of color.” But, Ludwig adds, the aspects of Trump’s agenda that are designed to pressure cities to stop and arrest more people for nonviolent offenses or to participate in deportation efforts would likely prove counterproductive by heightening tension and reducing cooperation between police and minority communities.

The backdrop for this policy debate is an extremely volatile political environment on crime.

Polls consistently show that significantly more voters say they trust Trump than Biden to handle crime. Although Biden usually leads on that question among nonwhite voters, even a substantial minority of Blacks and Latinos typically say they trust Trump more to address the problem. Trump’s strength on those measures is one component of the overall racial inversion evident in polling so far about the 2024 race, with Biden largely holding his 2020 support among white voters but suffering substantial erosion to Trump among racial minorities.

A crucial question for the election is whether Trump can maintain those inroads among nonwhite voters while offering such a racially polarizing agenda across a wide range of issues. Trump’s embrace of criminal-justice and policing policies that could disproportionately affect Black and Latino communities is a prime example of that dynamic.

Biden, in a manner reminiscent of Bill Clinton during the 1990s, has tried to find a “third way” on crime between Trump and the most liberal reformers in his own party. Biden backed the sweeping police-reform bill that the Democratic-controlled House passed in 2021 and issued a 2022 executive order prescribing various reforms on federal law-enforcement agencies. But he has also touted the $15 billion he won in the 2021 COVID-recovery act to support local law-enforcement budgets, and he has continued to push for federal aid to help cities hire 100,000 more police officers.

Biden’s Justice Department has released findings of civil-rights investigations into the police departments of Minneapolis, where Floyd was murdered, and Louisville, where Breonna Taylor was killed during a botched raid on her apartment, and is conducting investigations of nine other jurisdictions. But the department has not completed legal consent decrees with any local police departments, a stark contrast with the 14 that Obama reached over his two terms. Lopez, who led those efforts for Obama, praises the quality of the Biden investigations into Minneapolis and Louisville, but says the diminished quantity of agreements reflects Biden’s general sympathy for traditional approaches to policing. “I think there is much more ambivalence under the Biden administration about this work than there was under the Obama administration,” she told me.

But, as on many issues, a huge gulf still separates Biden’s careful balancing act from Trump’s sweeping plans to unshackle and unleash police. Even if Trump could not implement all the proposals he has unveiled, his overall agenda would likely encourage police to adopt more punitive tactics. “I want to think that we are all being alarmist about all this,” Lopez told me, “but I fear that it’s actually quite realistic that he is going to go much further than he did last time.”

For good or ill, the Trump effect on policing would likely be felt most acutely in the heavily Black and Latino neighborhoods of places such as Detroit, Philadelphia, and Las Vegas that may decide whether he wins a second term and the chance to reverse the past decade’s fitful advances toward rethinking policing and criminal justice.

Illustration Sources: Angela Weiss / Getty; Brett Carlsen / Getty; David Ryder / Getty; James Devaney / Getty; Jim Vondruska / Getty; Kyle Grillot / Getty*

Publishers Striking AI Deals Are Making a Fatal Error

The Atlantic

www.theatlantic.com › technology › archive › 2024 › 05 › fatal-flaw-publishers-making-openai-deals › 678477

In 2011, I sat at the Guggenheim Museum in New York and watched Rupert Murdoch announce the beginning of a “new digital renaissance” for news. The newspaper mogul was unveiling an iPad-inspired publication called The Daily. “The iPad demands that we completely reimagine our craft,” he said. The Daily shut down the following year, after burning through a reported $40 million.  

For as long as I have reported on internet companies, I have watched news leaders try to bend their businesses to the will of Apple, Google, Meta, and more. Chasing tech’s distribution and cash, news firms strike deals to try to ride out the next digital wave. They make concessions to platforms that attempt to take all of the audience (and trust) that great journalism attracts, without ever having to do the complicated and expensive work of the journalism itself. And it never, ever works as planned.

Publishers like News Corp did it with Apple and the iPad, investing huge sums in flashy content that didn’t make them any money but helped Apple sell more hardware. They took payouts from Google to offer their journalism for free through search, only to find that it eroded their subscription businesses. They lined up to produce original video shows for Facebook and to reformat their articles to work well in its new app. Then the social-media company canceled the shows and the app. Many news organizations went out of business.

The Wall Street Journal recently laid off staffers who were part of a Google-funded program to get journalists to post to YouTube channels when the funding for the program dried up. And still, just as the news business is entering a death spiral, these publishers are making all the same mistakes, and more, with AI.

[Adrienne LaFrance: The Coming Humanist Renaissance]

Publishers are deep in negotiations with tech firms such as OpenAI to sell their journalism as training for the companies’ models. It turns out that accurate, well-written news is one of the most valuable sources for these models, which have been hoovering up humans’ intellectual output without permission. These AI platforms need timely news and facts to get consumers to trust them. And now, facing the threat of lawsuits, they are pursuing business deals to absolve them of the theft. These deals amount to settling without litigation. The publishers willing to roll over this way aren’t just failing to defend their own intellectual property—they are also trading their own hard-earned credibility for a little cash from the companies that are simultaneously undervaluing them and building products quite clearly intended to replace them.

Late last year Axel Springer, the European publisher who owns Politico and Business Insider, sealed a deal with OpenAI reportedly worth tens of millions of dollars over several years. OpenAI has been offering other publishers $1 million to $5 million a year to license their content. News Corp’s new five-year deal with OpenAI is reportedly valued at as much as $250 million in cash and OpenAI credits. Conversations are heating up. As its negotiations with OpenAI failed, The New York Times sued the firm—as did Alden Global Capital, which owns the New York Daily News and the Chicago Tribune. They were brave moves, although I worry that they are likely to end in deals too.

That media companies would rush to do these deals after being so burned by their tech deals of the past is extraordinarily distressing. And these AI partnerships are far worse for publishers. Ten years ago, it was at least plausible to believe that tech companies would become serious about distributing news to consumers. They were building actual products such as Google News. Today’s AI chatbots are so early and make mistakes often. Just this week, Google’s AI suggested you should glue cheese to pizza crust to keep it from slipping off.

OpenAI and others say they are interested in building new models for distributing and crediting news, and many news executives I respect believe them. But it’s hard to see how any AI product built by a tech company would create meaningful new distribution and revenue for news. These companies are using AI to disrupt internet search—to help users find a single answer faster than browsing a few links. So why would anyone want to read a bunch of news articles when an AI could give them the answer, maybe with a tiny footnote crediting the publisher that no user will ever click on?

Companies act in their interest. But OpenAI isn’t even an ordinary business. It’s a nonprofit (with a for-profit arm) that wants to promote general artificial intelligence that benefits humanity—though can’t quite agree on what that means. Even if its executives were ardent believers in the importance of news, helping journalism wouldn’t be on their long-term priority list.

[Ross Andersen: Does Sam Altman Know What He’s Creating?]

That’s all before we talk about how to price the news. Ask six publishers how they should be paid by these tech companies, and they will spout off six different ideas. One common idea publishers describe is getting a slice of the tech companies’ revenue based on the percentage of the total training data their publications represent. That’s impossible to track, and there’s no way tech companies would agree to it. Even if they did agree to it, there would be no way to check their calculations—the data sets used for training are vast and inscrutable. And let’s remember that these AI companies are themselves struggling to find a consumer business model. How do you negotiate for a slice of something that doesn’t yet exist?

The news industry finds itself in this dangerous spot, yet again, in part because it lacks a long-term focus and strategic patience. Once-family-owned outlets, such as The Washington Post and Los Angeles Times, have been sold to interested billionaires. Others, like The Wall Street Journal, are beholden to the public markets and face coming generational change among their owners. Television journalism is at the whims of the largest media conglomerates, which are now looking to slice, dice, and sell off their empires at peak market value. Many large media companies are run by executives who want to live to see another quarter, not set up their companies for the next 50 years. At the same time, the industry’s lobbying power is eroding. A recent congressional hearing on the topic of AI and news was overshadowed by OpenAI CEO Sam Altman’s meeting with House Speaker Mike Johnson. Tech companies clearly have far more clout than media companies.

Things are about to get worse. Legacy and upstart media alike are bleeding money and talent by the week. More outlets are likely to shut down while others will end up in the hands of powerful individuals using them for their own agendas (see the former GOP presidential candidate Vivek Ramaswamy’s activist play for BuzzFeed).

The long-term solutions are far from clear. But the answer to this moment is painfully obvious. Publishers should be patient and refrain from licensing away their content for relative pennies. They should protect the value of their work, and their archives. They should have the integrity to say no. It’s simply too early to get into bed with the companies that trained their models on professional content without permission and have no compelling case for how they will help build the news business.

Instead of keeping their business-development departments busy, newsrooms should focus on what they do best: making great journalism and serving it up to their readers. Technology companies aren’t in the business of news. And they shouldn’t be. Publishers have to stop looking to them to rescue the news business. We must start saving ourselves.

Trump’s Assassination Fantasy Has a Darker Purpose

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › trump-biden-assassination-fbi › 678476

When Donald Trump insinuated this week that his successor and the FBI were out to kill him, he showed how central violence has become to his conception of political leadership. The former president declared Tuesday on Truth Social, his social-media platform, that he “was shown reports Crooked Joe Biden’s DOJ, in their illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL FORCE).”

Trump has a way of projecting his own vices onto others. His view of presidential power is absolute—to the point that his lawyer recently argued before the Supreme Court that ordering the military to assassinate a political rival “could well be an official act.” There is probably some limiting principle to this particular argument, but the fact that the issue is even under discussion is not a good sign for our democracy. Perhaps he believes that Biden was out to shoot him because he thinks that’s an order that presidents can freely give.

[Peter Wehner: What’s left to restrain Donald Trump?]

The genesis of the former president’s complaint is that, when the FBI searched Mar-a-Lago in August 2022 to obtain classified documents that were at the center of an investigation, agents were explicitly authorized to use force. This was not remotely unusual: FBI agents are routinely armed. The “reports” that Trump saw misinterpreted the parameters of the search, which—as the security analysts Asha Rangappa and Tom Joscelyn explained in Just Security—was guided by elaborate restrictions on when weapons could be used. The FBI subsequently said it followed a “standard policy statement limiting the use of force.” Attorney General Merrick Garland noted today that similar conditions were used in a search related to classified documents at Biden’s home in Delaware.

The FBI had also carefully arranged to enter Trump’s property when he would be out of state—an odd way of carrying out an assassination. Still, the idea that Trump had been at physical risk rocketed across Truth Social. The X account of the House Judiciary Committee Republicans reposted—with the addition of siren emojis—a thread insinuating that FBI agents were acting like the “Gestapo” and had “risked the lives of Donald Trump, his family, his staff, and MAL guests.” Trump’s campaign upped the hysteria with a fundraising email declaring that “BIDEN’S DOJ WAS AUTHORIZED TO SHOOT ME!” and that “Joe Biden was locked & loaded ready to take me out & put my family in danger.” By evening, the longtime Trump ally Steve Bannon was asserting that “this was an attempted assassination attempt on Donald John Trump or people associated with him.”

This would be shocking news, if it were true. Trump and his fans have gone from simply damning the “deep state,” the loose term for anyone in national security or law enforcement who hinders his autocratic aims, to portraying federal agents as assassins. It’s a way of discrediting the legal process and the agencies that have legitimate official reasons to use force. This rhetoric also opens the door for Trump’s supporters to protect him from supposed injustices at any cost.

In Trump’s mind, he is never the offender; he is the victim, again and again. “Stop the Steal” was an assertion of ownership over the presidency. His defense in the classified-information case is that the documents were legitimately his and he was protecting them from Biden’s seizure. He will not accept the 2024 election results should Biden get more votes, because, after all, only Trump can win fairly. And now the FBI has been accused of wanting to take Trump’s life. “You know they’re just itching to do the unthinkable,” the Trump fundraising message declared. These stories legitimize the use of force by presenting it as a matter of self-defense.

[Juliette Kayyem: The government isn’t ready for the violence Trump might unleash]

The claim that Biden and the FBI were looking to kill Trump is easy to dismiss as the typical hyperbolic ranting of the ex-president and his fans, and it competes in the news with other disturbing things he says and does. The assassination claim initially seemed to have come and gone in the news cycle. But the story was still out there, to be absorbed by Trump’s audience.

Since the January 6 insurrection at the Capitol, Trump has become more and more apocalyptic in his language. This week, he sent another dangerous signal to his supporters: FBI agents are an armed enemy, ready to assassinate the former president. Unless, of course, Trump and his mob get to them first.

Russia’s Psychological Warfare Against Ukraine

The Atlantic

www.theatlantic.com › podcasts › archive › 2024 › 05 › russias-psychological-warfare-against-ukraine › 678459

After months of struggle with little movement, the war in Ukraine may be nearing a crucial point. The fight has not been going well for Ukraine. With American aid stalled, tired fighters on the front lines faced ammunition shortages just as Russia brought new sources of recruits and weapons online.

But although painfully delayed, military support from the United States is on its way. The aid package passed in April is the first since Republicans took control of the House of Representatives more than a year ago, but it’s also the largest yet. Now the question is: Will it make a difference in time?

The Atlantic staff writer Anne Applebaum joins host Hanna Rosin on Radio Atlantic to discuss the state of the war and how the fight extends well beyond the battlefield itself.

According to Applebaum, the psychological toll Ukraine faced from the aid holdup is only the beginning. Russia may not be able to occupy Ukraine’s cities, but it can wage a kind of psychological warfare to make them unlivable.

She also describes an information war Russia has brought much closer to home for Americans. Her June cover story in The Atlantic chronicles the “new propaganda war” that Russia, China, and other illiberal states are waging on the democratic world, and how that war can shape the fate of Ukraine.

Listen to the conversation here:

Subscribe here: Apple Podcasts | Spotify | YouTube | Overcast | Pocket Casts

The following is a transcript of the episode:

News clip: Russian forces are advancing in Ukraine, including a major offensive near Ukraine’s second-largest city.

News clip: President Zelensky has warned that Russia’s latest push in Ukraine’s northeast could be the first wave of a wider offensive.

News clip: Congress approved $60 billion in military aid for Ukraine in April. The approval came after months of dire warnings from Ukraine that its troops are running out of weapons and losing ground to Russian fighters.

Hanna Rosin: The news out of Ukraine has recently turned bleak. Russia broke through critical lines in the north, and the Ukrainian side seems depleted of manpower and weapons. Now, a major part of what changed the dynamic was the halt in U.S. aid. The aid was stalled since Republicans took over the House of Representatives, although a month ago they passed the first aid bill in over a year, which may or may not be too late to turn things around.

Now, I know that there is a connection between what happens on the battlefield in Ukraine and U.S. politics. But I did not truly grasp how deep that connection was and how it could affect not just the upcoming election but all of American culture, until I talked to staff writer Anne Applebaum. Anne is the first person I always want to talk to in these moments when major shifts are under way, because she can read between the lines.

I’m Hanna Rosin. This is Radio Atlantic, and this week: how Russia has brought its war much closer to home than Americans may realize.

Anne has a new book coming out this summer called Autocracy, Inc. And in it, she’s been putting together the pieces: how the war in Ukraine is not just a fight for ground but a fight for psychological territory—in Russia, in the U.S. election, and pretty much all over the world.

[Music]

Rosin: So things have shifted on the battlefield in Ukraine. I know that much. Can you explain exactly what happened?

Anne Applebaum: So, in essence, there are two different stories. There’s a story about the front line in northern and eastern Ukraine. And there we see what’s now a full-scale, very large Russian offensive.

Rosin: All of a sudden? Like it just—all of a sudden?

Applebaum: It’s been pushing for a while, but there was a relaunched attack in recent days and weeks against the city of Kharkiv, which is in the far north—quite near the Russian border, sort of northeast Ukraine—as well as in the east, in the sort of Donetsk region.

The Russians moved tens of thousands of troops into the area, supposedly 50,000 east of Kharkiv, and redoubled their attacks on Ukrainian cities and infrastructure. That seems to have been a plan, and it seems to have been timed to happen now.

Rosin: And why was it suddenly successful? Like, I feel like it’s been stalled and stalled and stalled for almost a year.

Applebaum: The Ukrainians have been running out of ammunition for a long time, and during the six months in which we weren’t helping them and the European ammunition was also still on its way, the Ukrainians were holding ground but were losing weapons and equipment. And during that same period, the Russians regathered their forces. And in the last few days, they decided to push forward, as I said, in those two places.

Rosin: And did anything change on the Russian side, like new strategy, new something?

Applebaum: A couple things changed on the Russian side—one was the recruitment of more soldiers. They now pay people a lot of money to be in the army. And in very poor parts of Russia, they will now go and fight. Also, there’s a kind of constant, back-and-forth electronic warfare, drone warfare. The Russians got better at using drones and better at blocking Ukrainian drones and equipment.

That’s one of these things where they do one thing and then the Ukrainians learn another thing. So there’s a kind of constant spiral, and that’s changing all the time. But they did recover from an earlier phase in the war when the Ukrainians could beat them using high tech a lot more easily.

I should say there’s another piece of the war, however. The second piece of the story is that the Ukrainians are now using long-range weapons—some European, some American, some stuff they’ve been given recently—to hit targets in Crimea and also in Russia itself. They hit an airfield. They’ve been hitting gas and oil storage facilities, production facilities.

And they’ve supposedly taken out perhaps as much as 10 percent of Russia’s oil-refining capacity. They’ve hit major military targets in Crimea. And so this is their new form of innovation—is to block Russian efforts from farther back. It’s almost like a separate war from the war on the front line.

Rosin: I see. So the traditional battlefield that we report on and have been tracking and monitoring looks bleak, but there’s other things happening elsewhere. Okay. That’s good to know.

A last battlefield question: What’s the importance of the cities, the particular cities and places where Russia has made incursions?

Applebaum: So the attack on Kharkiv, which is sort of Ukraine’s second city—it was actually, at one point in history, it was the capital of Ukraine. It’s a major cultural and industrial center.

The fact that the Russians are now so focused on it—focused on taking out their power stations, taking out their infrastructure, seemingly in order to force people out, to make people leave Kharkiv—is a pretty major shift in the war. They weren’t attacking Kharkiv earlier in the war.

Rosin: Tactically or psychologically? Because it’s such an important city.

Applebaum: I think it’s probably psychological. The idea is to make it unlivable. And my guess is that that’s really the Russian strategy for all of Ukraine, is to make it unlivable. They can’t capture it. I mean, capturing Kharkiv would be a kind of six-month Stalingrad-like urban battle. That would be my guess.

And they probably don’t want to do that. So what they probably want to do instead is force everyone to leave. If there’s no electricity and there’s no water and the center is bombed out and you can’t live there, then that’s a different kind of victory.

Rosin: Okay. I understand the strategy so much better. You mentioned U.S. aid. Everybody talks about U.S. aid. I feel like you, for months, have been warning: U.S. aid is critical. Please pass an aid bill. Looking back on this year, how critical is or has U.S. aid been to this shift in momentum?

Applebaum: So U.S. aid and the argument in the U.S. over the aid were hugely important—both for real reasons, in that, you know, the U.S. aid provides ammunition and bullets and guns on the ground, and for psychological reasons.

Because what the Russians are trying to do is to exhaust Ukraine, to convince people that Ukraine can’t win, to convince Ukrainians that they have no allies, and thereby to get them to stop fighting. And so the Russians are hoping to win through a psychological game as much as a military game.

Rosin: Interesting. Okay, so it’s not just literal weapons—and I mean, it’s also literal weapons.

Applebaum: It’s also literal weapons, but it’s not only the literal weapons.

Rosin: It’s: You are friendless and alone.

Applebaum: You’re friendless and alone, and your major supplier, which is the United States, or your big friend in Washington, isn’t going to help you anymore. And, you know, this had some impact on Ukrainians.

I mean, there’s a certain scratchiness that Ukrainians now have about the U.S. You know, We relied on them. And then, you know, U.S. domestic politics undermined that. You know, remember Biden went there and, you know—first U.S. president to visit a war zone in a place where the U.S. didn’t even have troops on the ground—and promised them he would stand by them. And then he didn’t. And, okay, it wasn’t his fault. And it wasn’t him alone. But nevertheless, that was experienced by a lot of people as a kind of betrayal.

That was very psychologically damaging. It meant that there were soldiers on the front line who didn’t have anything to shoot back with.

Rosin: So when you say “scratchiness,” that’s what you mean? Just a mistrust?

Applebaum: Mistrust. Doubt. The sense of being part of a big, friendly alliance is chipped away quite a bit. I mean, it has to be said that during this time, there have been a bunch of new European projects to give them aid.

There was the so-called Czech ammunition initiative. The Czechs are major producers of ammunition and weapons and have been for many decades. And there are a number of big European projects that are just getting off the ground to make new weapons, to make ammunition and so on. So other things have been happening, but the U.S. aid was expected to carry Ukraine over for six months, and it wasn’t there.

Rosin: Right. So, U.S. aid was literally important, and it was meant as a bridge. So it’s like there is no more bridge.

Applebaum: Yes. Yes. I mean, it’s fixed now, in other words, so the aid is coming. It’s hard for me to tell from outside how fast it’s coming. It seems some things got there right away. These long-range weapons got there right away. Other things seem to be taking longer.

So that’s hard for me to tell, but there was some damage that was done by the delay. So, both psychological damage and damage in terms of lost territory and lost ability to fight.

Rosin: Can we look at this from the U.S. side for a minute, since there is about to be an election? Do you just look at it as standard deadlock, or do you see some isolationism rising up in a more powerful way than it had before? How do you read the long delay from the American side?

Applebaum: So I don’t think isolationism is the right word to use. I think what we were seeing was something different, which was a concerted effort to block aid that was coming from Donald Trump and people around Trump and was supported by people inside the Republican Party who are actually pro-Russian.

So I don’t think it’s just that they want America to withdraw and live in splendid isolation. I think there is a piece of the Republican Party that actively supports Russia. There are members of Congress who repeat Russian propaganda on the floor of the House and of the Senate, and who actively spread Russian propaganda on social media. Those people aren’t isolationists. I mean, there’s something a little bit more than that happening.

Rosin: Okay. So that sounds conspiratorial to the uninitiated. So, prove yourself!

Applebaum: So to unpack—I mean, so first of all: Don’t listen to me. Listen to the various Senate and House leaders who have also said this. So, Chairman of the House Foreign Affairs Committee and Tom Tillis, who’s a Republican Senator—they’re all people who have said on the record, on TV, in the last few weeks and months, have talked about their colleagues repeating Russian propaganda.

There’s one specific story. For example, there’s a story that circulated on social media a few months ago that said that President Zelensky of Ukraine had purchased two yachts, and there were pictures of the yachts that came in some kind of post.

Obviously, President Zelensky has not purchased any yachts. Kiev is landlocked. What does he need the yachts for anyway? It was a completely made-up story that nevertheless was passed around the sort of MAGA-Russian echo chamber, which are more or less the same thing.

That story: During the debate about Ukraine aid, Senator Tillis said he heard his colleagues in the Senate—Republican colleagues in the Senate—cite that story and say, for example, We shouldn’t give Ukraine aid, because Zelensky will just spend it on his yachts.

Rosin: Mm-hmm.

Applebaum: So that is a direct example of a false story that comes from the swamp of the internet, that is being passed around, and that is then repeated by a member of the United States Senate as a reason why we shouldn’t help Ukraine.

You couldn’t get a more pure example of how fever dreams created in some troll’s brain or on somebody’s phone then become a part of the conversation in Congress.

And there’s another set of arguments that are coming from Donald Trump’s camp, and Trump himself says some of it in public. He says he wants to do a deal with Russia. And there have been little leaks about what that deal might look like. And perhaps the deal includes some kind of negotiation over the border. Perhaps the deal includes some new U.S. relationship with Russia. Perhaps the deal includes some kind of deal to do with fuel prices, oil prices.

There’s clearly an interest in the Trump camp to have some kind of alliance with Russia. And some people also in the Trump orbit talk about breaking up Russia and China: We need a relationship with Russia in order to oppose China, which is one of these things that sounds great until you remember how much Russia and China have in common and that the reasons why they’re in alliance have nothing to do with us.

But that’s a separate topic. But there are enough people in that world who are looking for reasons why we should be allied with Russia and not with Ukraine that it’s not some kind of coincidence.

Rosin: I see. Okay. So what I’m taking from that is it’s not a totally coherent plan or motivation. There’s a little bit of pro-Russia business interests. There’s a little bit of Trump magic. There’s a whole bunch of interests, but somehow the result is that there’s a repeating of propaganda.

Applebaum: Yeah, I don’t think it’s a conspiracy, and 99 percent of it is visible to the naked eye.

I’m just quoting you things that people have said. And it’s simply a desire by a part of the Republican party to have a different role in the world. Like, we don’t want to be the country that aids struggling democracies. We want to be the country that does deals. We’re going to do a deal with Russia. We’ll do a deal with whoever we can do deals with.

The idea is that the United States isn’t a leader of NATO. The United States isn’t the leader of the democratic world. Instead, the United States is one power among many who does transactional deals with whoever it deems to be in its interest at that moment.

And that was Trump’s foreign policy in the first term. He was restrained in it. He was prevented from doing everything that he wanted to do. He wanted to drop out of NATO, but he was talked out of it by John Bolton and others. But that’s not a new phenomenon. That’s the way a part of the party is going.

Rosin: And interestingly, that faction did not win. There was U.S. aid—U.S. aid was delivered. How critical do you think the new infusion of aid is or will be?

Applebaum: So the new infusion of aid is critical. Again, I’m not on the ground, and I can’t tell you what exactly has got there and what exactly it will be doing. But, psychologically, it means the Ukrainians know more stuff is coming. So they’re not being shot at on the front lines with no help arriving.

So they have: Something is coming. It’s on the way. That’s very important. And then also some of the new weapons we’ve already seen in effect. So the hits on Crimea and on some of the other places on the front lines seem to be effective because of some of the new U.S. weapons.

[Music]

Rosin: All right. So that’s the situation in Ukraine. When we come back: Russian propaganda—how surprisingly effective it’s been, and how it’s taken root far from Moscow, both in the United States and elsewhere, and what that means for the future of democracy everywhere.

[Music]

Rosin: So where we are now: There’s this critical moment in the war, and then there are all these shifting, underlying alliances that we saw come out in the debate over aid. And a lot of them have to do with shifting propaganda and messaging, which is really interesting. How is Vladimir Putin messaging this moment? Like, what’s he saying?

Applebaum: So, Putin’s messaging—what Putin himself says—is of no significance. Russian messaging and Russian propaganda comes through a lot of different channels.

So it comes through proxies. It comes through some Russian ambassadors. There’s of course Russian TV. There’s RT. And some of it is laundered through—it’s called information laundering—it’s laundered through other kinds of publications that have links to Russia that you can’t see.

So there will be newspapers or websites in Africa or Latin America, which look on the surface like they don’t have anything to do with Russia but, in fact, they have links to Russia.

Rosin: This is why we have you, Anne Applebaum, to draw these lines.

Applebaum: I mean, I’m actually very interested in how it works in Africa, which I think is more interesting than how it works in the U.S., but that’s a separate story. But, you know, some of it, as we know, comes through trolls on social media. Twitter is now pretty much awash in different kinds of Russian trolls.

It’s hard to say if they’re really Russians or they’re just people who like Russia or they’re being paid.

Rosin: Who knows.

Applebaum: Who knows. But there’s a lot of it. So a lot of the attempts that social media companies made a few years ago to control some of this stuff, some of them don’t work as well anymore, especially on Twitter, but not only.

So the messages come in different ways. And I should also say that the other new factor is that the messages are sometimes amplified by other autocracies. So in addition to Russian messaging, you now have Chinese messaging, some of which echoes Russian messaging. You have Iranian messaging—same thing. Venezuelan messaging—same thing.

Rosin: What do you mean, “Same thing”? Like, same message about the Ukraine war?

Applebaum: Same messages about the Ukraine war.

Rosin: What’s the message?

Applebaum: The message is: The Ukrainians are Nazis. The Ukrainians can’t win. The war is America’s fault. This is a NATO war against Russia that was provoked by NATO.

There’s another strand alongside it that also says, you know, Ukraine is decaying and chaotic and catastrophic. The United States is also decaying and divided and catastrophic. These are all losing powers, and you shouldn’t support them.

I’m being very, very over general, but there is now a kind of authoritarian set of narratives, which more or less are all about that, and they’re now repeated by lots of different actors in different countries. I mean, there are some specific things about Ukraine.

In a cover story I wrote for The Atlantic, I describe a story that was very important at the very beginning of the war: the so-called biolabs conspiracy theory, which was an idea that the U.S. is building biological weapons in laboratories in Ukraine, and that somehow that’s a reason for the war. This was completely fake. It was debunked multiple times, including at the UN.

Nevertheless, it was repeated by Russian sources. It was repeated by Chinese sources. It went out—China has a huge media network in Africa. That whole story went out on that network. You could find it all over, you know, Ecuador and Chile and so on.

And that was a story that was so prevalent at the beginning of the war that something like 30 percent of Americans saw it and may well have believed it. And, certainly, a lot of Africans and Latin Americans also saw it and may well have believed it.

Rosin: You’re speaking, and I’m feeling utterly defeated. I mean, that’s the truth. I feel utterly defeated by these washes and washes and washes of information coming from all corners that are going to snag in some people’s minds and sort of corrode them. Like, that’s the image I had as you were talking.

So in a moment like this, all that is the groundwork. What you just described is the groundwork that’s been going on since the Ukraine war began.

Applebaum: It’s been going on for a decade.

I mean, it has to be said, the Ukrainians are also good at messaging, and they have resisted that pretty well. And they were very good at it in the first year of the war. The majority of Americans still support Ukraine. And the majority of Europeans still support Ukraine. So it’s not as if the Russians are winning everywhere all the time. It’s just that it turned out they had affected a key part of the Republican Party, which, actually, by the way, took me by surprise.

When the aid didn’t pass early last autumn, I was initially surprised.

Rosin: Surprised that this broader message was seeping up into—

Applebaum: It was the broader message and the degree to which Trump didn’t want it passed and was blocking it, and that therefore—first it was Kevin McCarthy, later Mike Johnson—were also willing to block it. That was not something I expected.

Rosin: Because you, in your mind, are used to like: Okay, there’s some isolationist strain. But the idea that the argument itself has taken on all kinds of force, motivation—

Applebaum: The idea that they had that much power at the top of the Republican Party. Because many senior Republicans, the leaders of all the important committees in the House, are all people who have been to Ukraine, who have been very pro-Ukraine, who understand the significance of Ukraine and the war in the world and were willing to help. And so none of the congressional leadership were buying any of this Russian propaganda. But then it turned out that it still mattered. Because of Donald Trump.

Rosin: I’m trying to wrap my head around this global propaganda war that you’re describing. I’m used to thinking of propaganda, I guess, in an old-fashioned way, which is something that happens over there in countries that are autocracies, and the autocrats impose it on their beleaguered citizens, and it doesn’t have anything to do with me. Like, it’s something I anthropologically witnessed.

Applebaum: That’s very 20th century. That’s the 20th-century idea. So in the 20th century, when you think of what was Soviet propaganda, it was posters with tractor drivers, and they had square jaws, and they were digging lots of wheat, and there would be overproduction in the steel industry and so on—

Rosin: And we might buy them in a campy way—

Applebaum: We might buy them in a campy way. I’m sure I own some. So that was 20th-century Soviet propaganda, which ultimately failed because it was so easy to compare that with reality. So even when I first went to the Soviet Union in the ’80s, people could see that wasn’t true. That was the major flaw of that form of propaganda.

What happens now, led by the Russians, and this has been true for a decade—modern Russian propaganda, and now other autocracies echo it, is not focused so much on promoting the greatness of Russia. Sometimes there’s a bit of that. Mostly, it’s focused on the degeneracy and decline of democracy. So the idea is to make sure that Russians don’t imagine there’s something better anywhere else.

Rosin: Because they wouldn’t know. Like, you can tell that Russian propaganda about Russia is a lie because you’re actually waiting on a bread line. So you know that it’s not as good as the posters are showing, but you don’t necessarily know.

Applebaum: But you haven’t been to Sweden or the United Kingdom or wherever. And a lot of it was—the implication of it was—now I’m just paraphrasing, but it was: Okay, not everything in Russia is perfect. And, okay, we may have some corruption, and we have some oligarchs. But look over there at the hideous decline of, you know, England and France and Germany and America. You wouldn’t want to be like that.

And the purpose of this is that the main opponents of Putin and Putinism were people—and over the last two decades, have been people—who used the language of democracy and transparency and anti-corruption.

Rosin: And freedom.

Applebaum: And freedom.

Rosin: Yeah.

Applebaum: And that kind of language was also aligned with an idea that there were better societies—like, you know, in Europe and North America—and Russia could be like them.

And remember that many Russians in the ’90s did hope that their country would become a democracy and believed well into the 2000s that it was still a possibility and were used to the idea that these countries are our friends.

And so what Putin has set out to do is to poison that idea—so poison the idea that there’s anything better—and to poison the idea of the ideas, poison the language: democracy, freedom, transparency, rule of law, anti-corruption. All those things have to be shown to be false.

And this has been done in various ways. So there’s a version of this inside Russia, and there’s a version abroad. But inside Russia, it’s been part of an anti-LGBT campaign. You know, The Western world is degenerate. Putin has said it himself: There are many different kinds of genders. Who even knows what happens over there anymore. An implication of degeneracy. Here we still have some kind of clean, more traditional way of life.

Rosin: Men and women.

Applebaum: Exactly. And that was mostly originally designed for the Russian audience. But it also had a certain echo and an appeal to a far-right audience in the United States and in Europe.

You know, the Russians do it because they want to weaken the United States. They want the U.S. to leave Europe. They want, you know, American decline to accelerate. And Americans do it because they want to take over the government and replace it with a different kind of government.

And so many of the people who will repeat Russian propaganda have been repeating some of those same ideas also for decades.

I mean, this story goes back probably 20 years, so this is nothing especially new, but it became much more turbocharged in 2014 during the first Russian invasion of Ukraine.

Rosin: It sounds like what you’re saying is: We are vulnerable. I mean, it seems like their propaganda war is winning, the autocrats. Like, I feel like the Americans are duped in this scenario.

Applebaum: I mean, first of all, it’s not clear yet that they’re winning.

I mean, again, a majority of Americans support Ukraine, and a majority of Americans support the idea that the U.S. should be a democracy. So, we’re not finished yet. It’s a very delicate thing.

I mean, are we being manipulated and duped by foreigners? Or is it elements in our own society that are seeking to manipulate us and dupe us?

In other words, the farthest thing I want to do is say that somehow the Russians are intervening in our politics and changing it. I think it’s more complicated than that. I think we have a very important element of U.S. politics that believes the same things and uses the same tactics and is very happy to be amplified by the Russians for its own ends.

So usually what happens is that Russian propaganda doesn’t invent things that are new. So, for example, in France, the Russians did not invent Marine Le Pen, who’s the French far-right leader. She’s been part of French politics for decades. They just amplify her. In her case, they gave her some money.

In Spain, there’s a Catalan separatist movement, which has also been supported by the Russians in different ways. Did they invent that? No. It was already there. It’s been part of Spanish politics for decades.

What they do is they take an existing fault line or an existing division, and then they help it get worse. So whether that’s through, you know, social media campaigns, in some cases through money, in some cases through helping particular individuals, they seek to amplify.

Rosin: So it’s almost like there’s this coalescing global division and on one side a sort of autocracy and nostalgia.

Applebaum: Except that it’s—

Rosin: And the other side is what, like, freedom and democracy?

Applebaum: Except that it’s more complicated because there is no—it’s not the Cold War. There’s no geographic line. There’s no Berlin Wall, and good guys are on one side and bad guys are on the other.

These are struggles that are taking place within each democracy and actually within each autocracy. I’m leaving out the fact that there are democrats in Russia and movements in Iran and in China, for example, that have also wanted greater freedom, greater autonomy, rule of law.

A lot of it’s about transparency. You know, We want to know where the money is. How did our leaders become so rich? That’s what the Navalny movement was about, for example, in Russia.

Rosin: Right, right.

Applebaum: And so there is a battle going on between two worldviews, but the divisions aren’t geographical. They’re in people’s heads.

Rosin: Right. Okay, so with Ukraine and this whole propaganda war in mind that you’re describing, what are the stakes for the 2024 election?

Applebaum: I think the stakes for the 2024 election are really stark. Is the United States going to remain allied with other democracies? Is it going to continue on the path of the struggle against kleptocracy, which is finally beginning to gain a little bit of traction? So against money laundering and anonymous companies and so on. Is the United States going to militarily resist Russian incursions in Europe? And this is a package of things. Is the United States going to maintain its alliances with Japan and South Korea and Taiwan?

Or is the United States going to become a transactional power whose friends one day might be Russia, another day might be North Korea, who no longer leads a recognizable democratic alliance, either on the ground in the world or mentally?

I mean, are we still going to be seen as a country that stands for a set of ideas—as well as a country that respects language about human rights and human dignity and so on—or are we going to become a transactional power like so many others?

And that’s one of the questions that’s on the ballot in November.

Rosin: Well, that is very clear. Anne, thank you for helping us put all these pieces together. That was very helpful.

Applebaum: Thank you.

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Rosin: To read more of Anne Applebaum’s work, check out her June cover story of The Atlantic, “The New Propaganda War.” And look for her upcoming book, Autocracy, Inc., this summer.

This episode was produced by Kevin Townsend and edited by Claudine Ebeid. It was engineered by Rob Smierciak and fact-checked by Yvonne Kim. Claudine Ebeid is the executive producer of Atlantic Audio, and Andrea Valdez is our managing editor. I’m Hanna Rosin. Thank you for listening.