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A Terrible Milestone in the American Presidency

The Atlantic

www.theatlantic.com › newsletters › archive › 2025 › 02 › trump-putin-ukraine-conflict-history › 681743

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

This week, Donald Trump falsely accused Ukraine of starting a war against a much larger neighbor, inviting invasion and mass death. At this point, Trump—who has a history of trusting Russian President Vladimir Putin more than he trusts the Americans who are sworn to defend the United States—may even believe it. Casting Ukraine as the aggressor (and Ukrainian President Volodymyr Zelensky as a “dictator,” which Trump did today) makes political sense for Trump, who is innately deferential to Putin, and likely views the conflict as a distraction from his own personal and political agendas. The U.S. president has now chosen to throw America to Putin’s side and is more than willing to see this war end on Russian terms.

Repeating lies, however, does not make them true.

Russia, and specifically Putin, launched this war in 2014 and widened it in 2022. The information and media ecosystem around Trump and the Republican Party has tried for years to submerge the Russian war against Ukraine in a sump of moral relativism, because many in the GOP admire Putin as some sort of Christian strongman. But Putin is making war on a country that is mostly composed of his fellow Orthodox Christians, solely based on his own grandiose fantasies.

The most important thing to understand about the recent history of Russian aggression against its neighbors, and especially against Ukraine, is that Putin is not a product of “Russia” or even of Russian nationalism. He is, in every way, a son of the Soviet Union. He is a man of “the system,” the kind of person who, after the fall of the U.S.S.R., was sometimes called a sovok, which translates roughly into “Soviet guy”—someone who never left the mindset of the old regime. (This is a man who, for example, changed the post-Soviet Russian national anthem back to the old Soviet musical score, with updated words.)

Some in the West want to believe that Putin is merely a traditional player of the game of power politics. This is nonsense: He is a poor strategist precisely because he is so driven by emotion and aggression. His worldview is a toxic amalgam of Russian historical romanticism and Soviet nostalgia; he clearly misses being part of an empire that dared to confront the West and could make the rest of the world tremble with a word from Red Square. (This Sovietism is one reason for his bone-deep hatred of NATO.) He sees himself as the heir to Peter the Great and Stalin, because the greatest days of his life were the mid-1970s, when he was in his 20s and the Soviet Union he served so faithfully looked to be ascendant over the declining United States.

Putin’s Soviet nostalgia prevents him from seeing the other nations that emerged from the wreckage of the Soviet collapse as actual countries. He knows that their borders were drawn by Stalinist mapmakers in Moscow (as were those of the current Russian Federation, a fact that Putin ignores most of the time), and he resents that these new states fled from the Kremlin’s control as soon as they were able to leave. He is especially stung by the emergence of an independent Ukraine; back in 2008, he made a point of telling President George W. Bush that Ukraine was not a real country.

For years, Putin claimed that he had no interest in reconstituting the U.S.S.R. or the Russian Empire. He may have been lying, or he may have changed his mind over time. But when Ukrainians deposed a pro-Russian leader in 2014 and drove him out of the country, Putin lashed out in fury, ordering the seizure of Crimea, a Russian-majority area that was historically part of Russia but was transferred to Ukraine during the Soviet period. This was the true beginning of the Russian-Ukrainian war.

The Russians camped on these territories for years, “freezing” the conflict in place while Ukraine and the West tried carrots and sticks, eventually realizing that Putin was never going to cede any of the ground he’d stolen. The situation might have remained in stasis forever had Putin not decided to try to seize the entire Ukrainian nation of some 40 million people and almost a quarter of a million square miles.

Why did Putin throw the dice on such a stupid and reckless gamble? Trump and many of his supporters answer this question with chaff bursts of nonsense about how the Russians felt legitimately threatened by Western influence in Ukraine, and specifically that Ukraine brought this nightmare on itself by seeking to join NATO. The Russians, for their part, have made similar arguments. NATO membership has for years been an aspirational goal for Ukraine, one that NATO politely supported—but without ever moving to make it happen. (Once Putin invaded, NATO and Ukraine sped up talks, in another example of the Russian president bringing about events he claimed to be stopping.)

Putin himself tends to complicate life for his propagandists by departing from the rationalizations offered by the Kremlin’s useful idiots. Trump and other Western apologists would have an easier time of explaining away the war if the man who started it would only get on the same page as them; instead, Putin has said, many times, that Ukraine is Russian territory, that it has always been and will always be part of Russia, that it is full of Nazis, and that it must be cleansed and returned to Moscow’s control.

One possibility here is that Putin may have dreamed up a quick war of conquest while in COVID isolation, where only a tight circle of sycophants could regularly see him. These would include his defense and intelligence chiefs, along with a small coterie of Russian clerics who have for years been trying to convince Putin that he has a divine mission to restore the “Russian world” to its former greatness, a project that dovetails nicely with his constant anger about the dissolution of the Soviet Union.

In any case, the Russian president’s decision to go to war was his own, a plot cooked up in the Kremlin rather than being the unforeseeable result of some kind of ongoing geopolitical crisis. Here, Putin was the victim of his own form of autocratic government: No one around him had the courage (or perhaps even the proper information) to warn him that his military was in rough shape, that the Ukrainians had improved as fighters since the seizure of Crimea, and that the West would not sit by the way it did in 2014. Western experts got some of this wrong too—back in 2022, I was very worried that Russia might win the war quickly—but Putin was apparently fed a farrago of reassuring lies about how Russian troops would be greeted as liberators.

All anyone needs to know about “who started it” is in the conflict’s timeline: In 2014, Putin vented his rage at Ukrainians for actually choosing their own form of government by seizing large swaths of eastern Ukraine—thus ensuring that the remainder of the country would become more united, pro-Western, and anti-Russian than ever before. Eight years later, the Russian dictator came to believe that Ukraine was ready to fall into his hands, and he embarked on a war of conquest. When Ukraine held together in the face of the 2022 Russian invasion and began to inflict severe casualties on the Russians, Putin resorted to war crimes, butchering innocent people, kidnapping Ukrainian children, and attacking civilian targets as a way of punishing Ukraine for its insolence.

This is the reality of the Ukraine war. Some Republicans, such as former Vice President Mike Pence and Senator Roger Wicker, the chair of the Armed Services Committee, know all this, and have told the truth. If only Donald Trump knew it too.

Related:

The party of Reagan is selling out Ukraine. Listen closely to what Hegseth is saying.

Today’s News

The Trump administration rescinded federal approval of New York’s congestion-pricing program, which went into effect last month. Ukrainian President Volodymyr Zelensky said that Trump lives in a Russian-constructed “disinformation space.” In response, Trump called Zelensky “a Dictator without Elections.” A federal judge held a hearing about U.S. prosecutors’ attempt to dismiss the corruption charges against New York City’s mayor, Eric Adams.

Dispatches

The Weekly Planet: Trump could start a new pipeline fight, Zoë Schlanger writes.

Explore all of our newsletters here.

More From The Atlantic

Trump hands the world to China. New York belongs to Trump now. Intimidating Americans will not work. The NIH memo that undercut universities came directly from Trump officials. Eliot A. Cohen: Incompetence leavened with malignity

Evening Read

Illustration by Julia Rothman

Flaco Lives

By Kaitlyn Tiffany

Flaco, the Eurasian eagle-owl that escaped from the Central Park Zoo in 2023, is still with us (even though he’s dead).

He spent about a year roaming New York City—hunting in the park, hooting from fire escapes—and in that time, he became a celebrity. Then he flew into a building while disoriented by rat poison and pigeon herpes. It has been a year since Flaco’s untimely death, and now the New York Historical is hosting an exhibition memorializing his life. I went on opening day, in the middle of business hours, and found the space packed with Flaco fans.

Read the full article.

Culture Break

Hélène Blanc

Read. Haley Mlotek’s new book is a divorce memoir with no lessons, Rachel Vorona Cote writes.

Watch. The third season of Yellowjackets (streaming on Paramount+). The show is more playful and ridiculous than ever before, Shirley Li writes.

Play our daily crossword.

Stephanie Bai contributed to this newsletter.

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A Cautionary Tale for Trump Appointees

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 02 › state-department-ukraine › 681733

Here’s a warning story for the patriotic Americans who have gone to work for President Donald Trump.

President Richard Nixon recruited an eminent Republican lawyer, William P. Rogers, as his secretary of state. Over the ensuing four years, Nixon humiliated Rogers again and again and again.

The worst of the humiliations involved the negotiation of peace in Vietnam. While Rogers nominally presided over U.S. diplomacy, Nixon opened secret negotiations with the North Vietnamese. Rogers was kept completely in the dark. His only role came at the end, when it fell to him to sign the documents that doomed South Vietnam.

[Eliot A. Cohen: Incompetence leavened with malignity]

That sad history now appears to be repeating itself. Secretary of State Marco Rubio is in Saudi Arabia pretending to be in charge of negotiations between the U.S. and Russia over the fate of Ukraine. Rubio is the perfect fall guy for this assignment. Confirmed as secretary of state by a 99–0 vote, he’s won praise from all sides for his commitment to American institutions and values.

Meanwhile, the real decisions are being made elsewhere. Trump yesterday blamed Ukraine for starting the war with Russia. From the Oval Office, he is preparing a deal to give Russia the victory over Ukraine that it failed to win on the battlefield. The contemplated Trump deal would surrender Ukrainian territory to Russia and bar Ukraine from ever joining NATO. Trump wants an early end to sanctions on Russia, another unilateral U.S. concession to Putin. Yesterday, Trump accepted the Russian position that Ukrainian President Volodymyr Zelensky should have to face reelection before peace talks begin. Again, no such demand is being made of Putin.  

Trump has demanded half a trillion dollars in economic concessions from Ukraine. If Ukraine says yes, its economic recovery will be wrecked before it starts. If, more realistically, Ukraine refuses, then Trump has gained his pretext for cutting Ukraine off from future U.S. security assistance. Meanwhile, Vice President J. D. Vance has scolded America’s NATO allies for trying to police the disinformation pumped out by Trump’s largest donor and de facto co-president, Elon Musk. Both Vance and Musk are outspoken opponents of Ukraine’s fight for survival. Trump is even considering a Russian invitation to join Putin in Moscow to celebrate the 80th anniversary of the Russian “Victory Day” over Nazi Germany, which will now also symbolize Putin’s own victory over Ukraine and NATO.

This morning, Trump condemned Zelensky as a “dictator” and wildly exaggerated U.S. contributions to Ukraine’s self-defense by 400 percent, while also denying and denigrating Europe’s larger contributions.

Trump is surrounded by more normal Republicans trying to ingratiate themselves into his pro-Russia, anti-Ukraine inner circle. When Trump clinched the Republican presidential nomination, then-Senator Rubio abruptly reversed his previous support for Ukraine aid. In February 2024, Rubio numbered among the 29 senators voting against an aid package to Ukraine and Israel—a vote he justified in Trump-style language that falsely claimed that aid to Ukraine came at the price of enforcement efforts along the U.S. southern border. Then-Representative Michael Waltz, who is now Trump’s national security adviser, turned his coat at almost exactly the same time.

Both men may have imagined that they were exercising a tactical retreat to serve a bigger cause, preserving their credibility with Trump in order to protect America and its allies from Trump’s worst instincts. Keith Kellogg, Trump’s special adviser on Ukraine, may entertain a similar hope.

But the evidence of past days suggests they are all deluding themselves. Trump wants to abandon Ukraine more than he has wanted to do anything as president, except possibly protect and pardon the January 6 criminals. His aides are playing the part of William P. Rogers, even as the real action is occurring all around them.

[Read: The party of Reagan is selling out Ukraine]

If that’s not how they want to be remembered, they have to act fast. They have to begin by recognizing that this president wants to destroy Ukraine—and is surrounded by enablers who want to help him.

Perhaps Trump can be corralled, but if the pro-American faction within this administration wants to make itself felt, it has to be prepared to play as tough and rough as the pro-Putin faction from the president on down.

William P. Rogers was eventually fired by Nixon for his unwillingness to say and do all that Nixon wanted to defend Nixon during the Wagergate scandal. That’s the fate hanging over all those who joined this administration hoping to make it better. Trump is determined to make it worse. He’s the president, and he’s backed in his anti-Ukraine views by the people he most cares about. The noisy resignation is the ultimate weapon of the political appointee, and people inside this administration who care about America’s good name had best be prepared to use it. Otherwise, they will be used as fools and fronts in an administration that seems to be placing Russian interests ahead of America’s own.

DOGE Won’t Deliver Government Efficiency

The Atlantic

www.theatlantic.com › ideas › archive › 2025 › 02 › doge-government-contractors › 681661

Elon Musk and his team of software engineers at the Department of Government Efficiency are rampaging through the government in search of fraud, waste, and abuse. The government, they claim, is misusing taxpayer money. They are willing to shut down entire agencies to prove their point. By treating the civil service as a business, as well as importing Musk’s ruthless managerial style into public agencies, the Silicon Valley disrupters believe that the country can produce a leaner and more efficient government.

Put aside for now the fact that these actions are likely illegal and unconstitutional. The central problem is the false assumption of this approach: that problems of inefficiency in federal agencies stem exclusively from the public administration. Much of the waste, inefficiency, and indeed fraud result from the government’s overreliance on private-sector organizations to conduct its work. This byzantine system of outsourcing to nonprofit and for-profit organizations adds costs and creates waste because each nongovernmental contractor exacts fees or imposes a profit margin. In addition, government officials have in recent years exposed multiple cases of embezzlement by USAID contractors, leading to millions of dollars in fines paid out by major companies and their executives.

If the country is serious about improving government efficiency, the emphasis should be on curtailing contracting and making the civil service more accountable—to American voters and to their elected representatives, not to freelance tech bros.

[Peter Wehner: The cruel attack on USAID]

The contracting swamp we have today emerged through previous attempts to streamline government by cutting the federal workforce. All such efforts ended the same way: a modest number of layoffs among public workers combined with a dramatic expansion of private-sector contracting. In fact, our postwar history shows that federal spending has ballooned while the size of the federal workforce has remained almost static: In 1946, the government employed about 2.5 million workers and ran a budget of $628 billion (in today’s dollars); in 2023, it had only half a million more workers, but its budget stood at $4.6 trillion.

How does the government disburse this colossal budget? Through contracting. A 2017 tally estimated that more than 5.2 million contract and grant employees worked for the federal government. On the largely unexamined assumption that the private sector is more efficient, past administrations of both parties have eagerly embraced contracting to make up for limited administrative capacity.

President after president has sought to cut the federal workforce—without reducing the responsibilities and demands on government agencies. That has meant ever greater reliance on contracting. President Ronald Reagan—who famously asserted that government was the problem, not the solution, to the country’s ills—oversaw shrinking the federal civil service by more than 130,000 employees in his first two years in office. Meanwhile, an equivalent number of civil servants was working solely on contract and grant administration. And over Reagan’s first term, spending on contract consultants increased from $1.1 billion to more than $1.5 billion. The Clinton administration echoed Reagan’s rhetoric and sought to win favor for the Democrats with a “reinventing government” program that cut the federal workforce by nearly 400,000 direct hires—even as it expanded the shadow government of contractor workers by nearly 300,000.

USAID, the foreign-aid agency that Musk has been busy feeding “into the wood chipper,” offers a prime example of how extensively privatized so much government work already is. The federal government first made overseas economic development a significant feature of U.S. foreign policy in the years following World War II. From foreign aid’s inception, the government contracted out much of this activity, largely because, after wartime state involvement in industry, a strident anti-statism took hold in Congress. As Cold War anti-Soviet sentiment rose, conservative politicians inveighed against the New Deal federal bureaucracy as evidence of a collectivist power grab. Congress responded by capping the growth of the civil service, but that did not limit the government’s scope or aspirations; foreign aid became a particular Cold War priority as an exercise of soft power. Expansive government aims instead swelled the number of private-sector contractors.

“The entire effort that the government agency carries out here is really carried out through private organizations,” Secretary of State Dean Acheson said in 1952, referring to the forerunner of USAID. “We do not have in the Government sufficient people to staff these operations, sufficient people to give us all the ideas, to give us all the working groups which are necessary.” So private actors would be drafted in to do the work.

Subsequent changes to foreign aid reinforced contracting as the core of U.S. foreign policy, including in the legislative text that originally established USAID in 1961, and in amendments a year later that mandated USAID to “utilize wherever practicable the services of United States private enterprise,” such as “the services of experts and consultants.” As early as 1964, USAID had committed more than $400 million through some 1,200 contracts for technical assistance from universities, for-profit firms, and nonprofits.

This contracting meant that most foreign-aid money went straight to domestic organizations. William Gaud, who led USAID during the Johnson administration, was blunt about this. “The biggest simple misconception about the foreign-aid program is that we send money abroad,” he said in a 1968 speech. “We don’t.” At the time, about 95 percent of the agency’s $1 billion–plus budget was spent directly in the United States.

USAID continued to be an important tool of U.S. foreign policy after the end of the Cold War, overseeing many of the “shock therapy” programs designed to help the former Soviet Union and Eastern Bloc countries transition to Western-style capitalism. But, as an early experiment in Bill Clinton’s “reinvention laboratory,” the agency suffered from the growing reliance on outsourcing. A 1993 Government Accountability Office report noted that expanding USAID work into newly independent countries “further burdened its operating expense budget, resulting in greater dependence on contractors and a greater potential that programs will be vulnerable to fraud, waste, or abuse for lack of adequate oversight.”

The way the contracting system favored U.S. firms was all too apparent. In the shock-therapy programs, U.S. aid was “composed for the most part of financial intangibles and technical assistance,” one U.S. diplomat complained. “The result is that very few Russians have seen anything at all of the vaunted billions … most simply do not believe the money ever existed.” Rather, money flowed from the U.S. government directly to “domestic contractors,” the diplomat added. For obvious reasons, this undermined U.S. foreign-policy goals, generating more frustration and cynicism than gratitude.

By 2001, more than 80 percent of USAID contracts went to domestic for-profit and nonprofit companies. Although Musk has singled out nonprofits that receive grants for projects he finds risible, in practice USAID has long given its most lucrative and important contracts to American corporations. By 1996, consulting and accounting firms such as Abt Associates, Booz Allen Hamilton, KPMG, and Chemonics International all held tens of millions of dollars’ worth of contracts. For such companies, this government spending was virtually their entire business: When Chemonics, for example, reported $85 million in revenue in the last nine months of 1999, 90 percent of its business came from USAID contracts. In 2009, Senator Patrick Leahy of Vermont, a Democrat, lamented that the agency had been reduced to a “check-writing agency.”

At least government-transparency mechanisms made the problems of over-relying on private-sector partners visible and public. But even that degree of accountability is disappearing in Musk’s bonfire of the agencies. USAID’s database of past research projects, for instance, provided scholars like me with valuable insights into foreign aid—and its flaws. Now that resource has been yanked offline. Likewise, inspectors general and the GAO produced reports that highlighted wasteful spending and outright fraud. Recent federal investigations have turned up staggering cases of graft and corruption. Contractors were indicted for a range of fraudulent charges while doing reconstruction and humanitarian work in Iraq and Afghanistan, including classic bribery and wire-fraud cases and engagement in illegal activities to help other contractors secure contracts. As recently as 2023, Booz Allen Hamilton agreed to pay $377 million—one of the largest procurement-fraud settlements in the country’s history—because the for-profit company was caught overbilling the government to cover its private-sector losses.

[David A. Graham: The world’s most powerful unelected bureaucrat]

Silicon Valley tech moguls were not necessary to root out waste; the government was already doing that. But last month, the Trump administration took a hammer to such oversight when the president fired more than a dozen agency watchdogs. Congress could certainly do a better job of oversight, with a greater emphasis on exposing corruption and conflicts of interest. It could also empower inspectors general as its enforcers against graft and waste. One obstacle to smarter reform is that the person charged with overhauling the government has himself been a huge beneficiary of its largesse. Musk’s companies have enjoyed more than $15 billion in contracts over the past decade (including some from USAID), a spigot that continues to pour hundreds of millions of dollars into his pocket every year.  

The contracting model has bloated government costs while hindering public accountability and insulating policy making from citizens. Rather than inviting billionaires to demonize the civil service, the true solution to government inefficiency is to reverse outsourcing. Severing private contractors and hiring more public servants would allow the state to cut time spent managing contractors and devote more resources to the actual work of government. Relaxing hiring regulations could help agencies hire bright and enthusiastic talent, as could raising pay for federal employees. Instead of dismantling the federal workforce, we should put the contracting system in the wood chipper.

The World’s Most Powerful Unelected Bureaucrat

The Atlantic

www.theatlantic.com › newsletters › archive › 2025 › 02 › the-worlds-most-powerful-unelected-bureaucrat › 681659

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

During his most recent presidential campaign, Donald Trump promised to “put unelected bureaucrats back in their place.” Apparently, that place is in the federal government, doing what they want with little accountability.

The most powerful unelected bureaucrat in the United States today—and perhaps ever—is Elon Musk. The social-media troll and tech mogul is currently a “special government employee” leading something called the Department of Government Efficiency, though it is neither a department nor, as far as can be ascertained, all that interested in improving efficiency. DOGE’s clearest goal seems to be getting rid of as many civil servants as possible, by whatever means possible—including cajoling, buyouts, and firings, some of which have drawn reproach from courts.

The assault on government workers has been a long time coming. In 2017, during his first term, Trump began referring to federal employees as the “deep state,” and he often accused them of undermining him or slow-walking his ideas. It didn’t help that he often asked for impossible or illegal things, though the most prominent examples of defiance came from Cabinet-level, Senate-confirmed officials whom Trump himself had appointed. While campaigning as a quasi-populist, Trump railed against unelected officials who he argued treated ordinary citizens with disdain, assuming they knew best, or who were deeply enmeshed in conflicts of interest and lining their own pockets. Trump and his allies repeatedly suggested that Joe Biden’s aides were running the government because the president was too checked out to manage.

Now an unelected aide, beset with conflicts of interest, seems to be effectively running the government. He’s barreling through carefully constructed guardrails, acting as though he knows better than anyone else how the government ought to run, while a passive president looks on. No one’s pretending that Trump is particularly interested in the software systems of the government, and he’s made clear that he’s pretty detached from it all. “Sometimes we won’t agree with it, and we’ll not go where he wants to go,” he said of Musk’s role recently. In short, Trump has set a broad direction and tasked Musk with executing the details. That’s what bureaucrats do.

Because this is exactly what Trump campaigned against, justifying it is challenging, though apologists like Turning Point USA founder Charlie Kirk are game to try. “The American people quite literally voted for Elon Musk and DOGE when they elected Donald Trump with a historic mandate,” Kirk posted on X. But that’s absurd. Trump said on the trail that Musk would help him, but he didn’t outline this. The DOGE idea wasn’t formally announced until after the election, and Trump didn’t run on dismantling USAID or selling off half the government’s real-estate portfolio. Musk wasn’t elected, hasn’t been vetted or confirmed by the Senate, and didn’t even have to go through the standard hiring process. This is probably just as well; his admitted use of controlled substances might pose some challenges. He will reportedly not release a financial disclosure, and the White House says he’ll police his own conflicts of interest. Unfortunately, he has a long track record of questionable ethical decisions.

Democrats, otherwise reeling in the first weeks of the Trump administration, have picked up on the fact that Musk may be a useful target. Although most Democratic attacks on Trump’s populist persona have fallen short, this one seems more promising. Firing thousands of federal workers for nothing more than doing their job, while clinging to a self-described racist and a teenager nicknamed “Big Balls,” may not go over well with voters who just wanted inflation fixed. Representative Jared Golden, a Democrat from a red district in Maine, reported that he was getting a flood of constituent calls about Musk.

Focusing on Musk’s outrageous abuse of power may not be as effective as Democrats hope. Musk obviously hates many of the same people whom Trump’s fans hate, and that’s a powerful bonding force. What sinks Musk may ultimately be not populist resentment but court rulings against him, Trump’s need to remain the center of attention, or backlash when the cuts he’s pursuing start affecting voters’ lives directly.

“An unelected shadow government is conducting a hostile takeover of the federal government,” Senate Minority Leader Chuck Schumer posted on X last week. “Congress must take action to restore the rule of law.” (If only Schumer knew anyone in Congress!) Musk quickly replied: “This is the one shot the American people have to defeat BUREAUcracy, rule of the bureaucrats, and restore DEMOcracy, rule of the people. We’re never going to get another chance like this. It’s now or never. Your support is crucial to the success of the revolution of the people.”

The most striking thing about this response—other than the world’s richest man adopting Leninist rhetoric about “the revolution of the people”—is its reversal of reality. Schumer won an election; Musk is just a bureaucrat.

Related:

Elon Musk is president. Elon Musk’s bureaucratic coup is under way.

Here are four new stories from The Atlantic:

Is this what cancel culture achieved? Trump says the corrupt part out loud. DOGE is failing on its own terms. What happens when bird flu gets worse?

Today’s News

Trump hosted Jordanian King Abdullah II at the White House, where they discussed the president’s plan to relocate Palestinians from Gaza to Jordan and Egypt. Israeli Prime Minister Benjamin Netanyahu said that the Gaza cease-fire would end if Hamas did not go through with the hostage release scheduled for Saturday. The Justice Department ordered federal prosecutors yesterday to withdraw the corruption charges against New York City Mayor Eric Adams.

Evening Read

Illustration by Matteo Giuseppe Pani / The Atlantic

What an ‘America First’ Diet Would Really Look Like

By Yasmin Tayag

Trump’s stance on agriculture is the same as his stance on everything else: “America First.”

The notion that the country could produce all of its food domestically is nice—even admirable. An America First food system would promote eating seasonally and locally, supporting more small farmers in the process. But that is not how most people eat now.

Read the full article.

More From The Atlantic

The cruel attack on USAID Good on Paper: The great political sort is happening at the office. Blame Gerald Ford for Trump’s unaccountability. It’s time to worry about DOGE’s AI plans.

Culture Break

Illustration by Panayiotis Terzis

Read. Mood Machine will make you marvel at how much effort Spotify puts into recommending a song that sounds like a different song you liked three months ago, Brad Shoup writes.

Ponder. “Should I leave my American partner?” one reader asks James Parker in the latest edition of “Dear James.” “I love him, but I don’t know if I can live in the U.S. forever.”

Play our daily crossword.

P.S.

To me, Kendrick Lamar’s use of American-flag and Uncle Sam imagery at Sunday’s Super Bowl was fairly clearly political—and subversive. What it was not, however, was blunt. Perhaps the overly literal protest gestures of the first Trump administration have somewhat numbed viewers to anything more subtle. Regardless, I was amused and perplexed to see some commentators taking the flag’s presence as a signal of alignment with the president. “When backup dancers dressed in red, white, and blue formed the American flag, it felt more patriotic than political,” wrote The Free Press’s River Page, as though patriotism can ever be apolitical.

All of this reminded me of George Will’s review of a 1984 Bruce Springsteen show. “For the initiated, which included most of the 20,000 the night I experienced him, the lyrics, believe it or not, are most important,” Will observed. But apparently the famously erudite columnist’s insights failed him, as he badly misunderstood one of the sharpest critiques (and critics) of the Reagan era. “I have not got a clue about Springsteen’s politics, if any, but flags get waved at his concerts while he sings songs about hard times. He is no whiner, and the recitation of closed factories and other problems always seems punctuated by a grand, cheerful affirmation: ‘Born in the U.S.A.!’” So close, and yet so far.

— David

Stephanie Bai contributed to this newsletter.

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The Truth About Trump’s Iron Dome for America

The Atlantic

www.theatlantic.com › international › archive › 2025 › 02 › trump-iron-dome-israel › 681555

Can Jewish space lasers protect America? At first glance, President Donald Trump seems to think so. The 2024 Republican Party platform had just 20 planks, consisting of only 277 words. Twelve of those words were: “BUILD A GREAT IRON DOME MISSILE DEFENSE SHIELD OVER OUR ENTIRE COUNTRY.” Since taking office, Trump has moved to make good on that pledge. On January 27, Defense Secretary Pete Hegseth promised swift action on the subject. That night, Trump signed an executive order titled “The Iron Dome for America,” turning the plan into policy.

In actuality, what Trump is proposing looks very little like Israel’s Iron Dome. His executive order calls for a space-based interception system to counter “ballistic, hypersonic, and cruise missiles.” Iron Dome is a land-based array that mostly targets unsophisticated short-range rockets and mortars fired by terrorist groups like Hamas and Hezbollah. Israel supplements this system with several other layers of missile defense, including David’s Sling and Arrow 3, which did most of the work repelling Iran’s aerial assaults on the country last April and October. Later this year, Israel is also expected to roll out Iron Beam, a laser-based system that can down projectiles for a fraction of the cost of Iron Dome’s interceptors—provided that it isn’t raining.

Many of these systems were developed with American partnership, and some could perhaps be adapted for deployment in the United States—although, as a land mass surrounded by oceans, the U.S. homeland has very different defense needs than the tiny Israeli state. But the point of Trump’s “Iron Dome for America” is not its feasibility. The system doesn’t have to work—or even exist—for it to serve the president’s interests.

[Read: The costly success of Israel’s iron dome]

A singular self-promoter, Trump excels at cutting through the cacophony of American politics with bold, blunt, and often cinematic images—such as “Iron Dome for America.” At a time when civil discourse is scattered across innumerable media platforms, attention is arguably a public figure’s most important resource, and Trump knows how to monopolize it. As when the president promised draconian tariffs against Mexico during his first weeks in office only to fold before they went into effect, he has figured out what our sclerotic political system actually rewards—brash bombast, not results—and governs accordingly, performing toughness rather than achieving outcomes.

This talent for theatricality is actually a big part of how Trump became president in the first place. In 2015, Senator Ted Cruz of Texas launched his own presidential bid as a harsh critic of illegal immigration, promising in a detailed 4,700-word policy platform to “secure the border once and for all.” Yet Cruz failed to gain traction, because he was bigfooted by a political outsider who had no policy experience but unmatched show business savvy. Trump promised to “build a wall and make Mexico pay for it” and rode that mantra to the presidency—after which the wall was never completed and Mexico did not pay for it.

Given Trump’s exceptional instinct for indelible images, that he landed on the Iron Dome as his latest gimmick is no surprise. For both Israel’s supporters and its detractors, the country’s missile-defense system emblemizes the technological frontier of warfare, thanks to countless photos and videos of its dramatic mid-air interceptions of enemy projectiles. As someone who made his name in real estate and television by manipulating people’s perceptions, Trump intuitively grasped the power of the Iron Dome in the popular imagination, and crudely co-opted it. Whether the system’s details make sense for America is not particularly important. For his purposes, the symbolism supercedes the substance.

Ronald Reagan, himself a former actor, also understood that a grand missile-defense project would appeal to the public consciousness. Critics derided Reagan’s plan as “Star Wars,” but its futuristic feel was precisely what made it so captivating, which is why the project consistently polled well, despite never coming to fruition.

Reagan’s Strategic Defense Initiative was a fanciful eccentricity in an otherwise robust governing agenda. But for Trump, flashy contrivances such as Iron Dome for America are the agenda. Unlike Reagan, who developed a broad political philosophy over his years in public life, Trump has few real principles and little interest in the nitty-gritty of legislation. He cares less about long-term outcomes than about being seen to be driving events. This is why he prefers to rule through grand pronouncements and executive actions, even though these are often ephemeral and can easily be tied up in litigation or overturned by a successor.

[Read: Trump doesn’t believe anything. That’s why he wins.]

Such indifference to end results might seem like a recipe for disappointing one’s supporters. But Trump is betting that in today’s chaotic information and political environment, appearing to care about issues that voters care about will be more important than actually delivering on them. And he has reason to be optimistic: Trump’s electoral coalition depends on people who don’t closely follow politics; many of them are less aware of the policies a politician implements than the image he projects. Trump, ever the performer, has mastered the art of marketing himself to the masses, and has used this skill to transform American politics.

In 2016, Cruz had a punctilious 25-point plan to curb illegal immigration; Trump had a sensational slogan about making Mexico pay for it—and trounced him. President Joe Biden’s economic policies delivered major gains for low-wage workers; Trump’s proposed tariffs are essentially a tax on those workers, but they voted for him over Biden, because Trump appeared to be vigorously fighting for them. Trump’s new Department of Government Efficiency is a basket case run by people with little government experience, and is less likely than a commission staffed by experts to effectively curb federal spending without ugly unintended consequences. But DOGE is also a far more visible endeavor, fronted by Elon Musk, the world’s richest man. The Abraham Accords were mostly a symbolic handshake between Middle Eastern countries that had never fought a war against one another, but Trump’s branding and ceremony made the agreements into something more.

Again and again, Trump has managed to transmute political performance into the appearance of political achievement. Whether it’s promising a border wall or an Iron Dome, he may not be America’s most competent president, but he is its greatest showman, and in our broken political system, that might be enough to maintain his dominance over our collective attention and affairs of state.

Why States Took a Gamble on Sports Betting

The Atlantic

www.theatlantic.com › podcasts › archive › 2025 › 01 › why-states-legalized-sports-betting › 681483

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Addiction comes in many forms and a lot of them are perfectly legal.

Daily, I fight the urge to scroll—for hours—on various social-media apps, yet I can go months without drinking alcohol and not even think about it.

The question of whether to ban harmful behaviors or substances is one laden with competing priorities: How intrusive is the government intervention? How harmful is the substance? Would banning it even work to curb the behavior? What about the economic impact of a ban? What sorts of revenues can be gained from taxation instead?

On today’s episode of Good on Paper, I talk with the journalist Danny Funt, who has been reporting for years on a behavior that’s come under much scrutiny lately: sports betting. Renewed debate over bans on sports betting erupted into public view nearly seven years ago in a pivotal Supreme Court case. The decision opened the door to a variety of new state legalization schemes and the outcomes have been mixed, at best. Although states may have stumbled onto a new source of revenue (albeit weaker than some were expecting), it has come at a cost to gamblers’ financial and mental health. The results have turned even vocal proponents into skeptics.

“I interviewed Charlie Baker, the former governor of Massachusetts who signed the bill legalizing bookmaking there in 2022, and then a few months later became president of the NCAA and has become a really vocal champion for limiting the amount of betting on college sports, particularly in light of the brutal harassment that college athletes and coaches get whenever their performance costs someone a bet,” Funt recalled. “It’s honestly horrifying, the sort of stuff they see on social media and in real life. And he has said point-blank, ‘I wish, in hindsight, this had stayed in Las Vegas.’”

The following is a transcript of the episode:

Jerusalem Demsas: The Super Bowl is coming up, and so today we’re talking about the most important part of sports: gambling.

In 2018, the Supreme Court struck down a federal ban on sports betting that spurred four years of nonstop ads enticing me and you and everyone I know to spend all our discretionary income on FanDuel or DraftKings. At the time, advocates believed that the revenue streams that could come from sports betting were too good to pass up. After the Great Recession, states were cash-strapped and hungry for new sources of money.

States have unevenly legalized, meaning in some places, you can log onto your phone to place a bet, and in others, you might still need to go to a physical location. The Court left open other pathways for the federal government to curb or ban sports betting, and as many of the negative impacts of gambling have metastasized, more policy makers are questioning whether legalization is worth the revenue.

My name is Jerusalem Demsas. I’m a staff writer at The Atlantic. And this is Good on Paper, a policy show that questions what we really know about popular narratives. My guest today is Danny Funt, a journalist who has tracked the rise of sports betting for The Washington Post and is now working on a wide-ranging book on the topic.

[Music]

Demsas: Danny, welcome to the show.

Danny Funt: Thank you for having me.

Demsas: So I have actually never bet on sports. I grew up in a Christian household—I am Christian—and it’s just not a thing that my parents ever allowed. We couldn’t even make dollar bets at home. Like, it was just not allowed. And I feel like I knew later on that I had kind of an addictive personality. So I was like, I’m not going to do this. I’m just never going to get into betting or gambling. Have you bet on sports? Is this something that you do?

Funt: Oh yeah. I’m trying to be more honest about that. I used to be like, Well, if you were a restaurant reporter, you’d have to eat out. You’d sort of be obligated to see what the culinary scene is like. So I do the same with sports betting. But truthfully, I was betting on sports long before I ever wrote about it.

I will say that the more you learn about how significant the house’s upper hand is, it definitely gets in the back of your head, and I do a lot less now just knowing I don’t stand a chance.

Demsas: How significant is it?

Funt: It depends on what you’re betting. The standard is actually pretty low. They’ll win $5 for every $100 you bet. But nowadays, that’s getting jacked up. So you might have heard of things like parlays. The parlay hold percentage, which is like the house revenue or the house edge, can be as high as 20 percent. So you’re getting beat pretty bad if you bet a lot of parlays.

Demsas: So sports betting, I feel like, I really did not hear a lot about, other than just when the World Cup is on, and your friend might bet you 20 bucks about the outcome or something like that. And now I feel like it’s everywhere. I feel like I’m seeing ads everywhere. I feel like every time I look over on the Metro, like, there’s some 17-year-old guy on DraftKings—well, let’s hope he’s 19, not 17. But it feels like it came out of nowhere. What happened?

Funt: It really did. That’s really what got my attention: It just felt like, overnight this went from something that we had all been taught was this existential threat to sports, that the professional leagues and the NCAA would never support—there were basically a century’s worth of scandals involving gambling that motivated that concern—and then, suddenly, there was a Supreme Court decision in 2018 that struck down a federal ban on bookmaking outside of Nevada.

And that really was a starting gun for all of these states to say, Hey. This is a way we can raise money and cash in on this opportunity. And it was incredible how night and day it was, where what I described as this existential evil was suddenly repackaged as this wholesome way of enjoying sports that every sports fan ought to consider.

Demsas: So take us back to 1992, where that federal ban was enacted. It’s called the Professional and Amateur Sports Protection Act. What led to that effort? Who was pushing for it, and why did they think it was necessary?

Funt: Yeah, I was surprised to learn that it was the professional sports leagues, mainly the NFL, that went to Congress and said, Hey—we need this. So a lot of states back then were facing severe budget deficits. You know, it’s the tail end of the Reagan era; there’s a lot of resistance to tax hikes.

And naturally, when you need to raise money, but you don’t want to raise taxes, states will look at gambling. And there was sort of a groundswell of loosening the laws around tribal casinos and state lotteries. And a lot of states began looking at, basically, a version of state-sanctioned sports betting, where a state lottery is giving people the chance to wager on sporting events.

And the sports league said, We hate this idea. We’ve allowed it in Nevada because it’s been there forever, but we don’t want this to be the way that our fans engage with our product.

Demsas: Why? Why were they opposed?

Funt: For one, the 1919 Chicago White Sox scandal, where, famously, the team rigged the World Series in cahoots with gamblers—that is front and center still. Pete Rose had just been banned for life for betting on baseball as a player and as a coach. Really every decade, if you look back in the history books, there’s a major scandal involving college sports or professional sports or whatever. Beyond that, they just thought, We like the idea of fans liking the games for the games’ sake, and if they’re looking at it through this cynical gambling lens, it’ll kind of cheapen their relationship with sports and diminish our product.

Demsas: That’s very altruistic, right? I mean, I would imagine these sports leagues are just like, What can make us money? You know what I mean?

Funt: Definitely. At the same time, that does make them a lot of money. Think of all the jerseys and pennants and other merch that people buy because they’re lifelong sports fans. It fuels a lot of irrational, obsessive behavior. And then again, so does gambling.

So you can understand why it was very tempting, over time, for the leagues to flip-flop and come around on that. But the Senate and the House held these really robust hearings to evaluate the threat of gambling, the benefit that state-sanctioned gambling might pose. And it was just so striking, to me, that they laid it all out on the table in the early ’90s, and then fast-forward: 25 years later, there was really none of that. It was just, Okay, let’s cash in.

Demsas: So Nevada, you mentioned, has always been exempt from PASPA. What has been their experience?

Funt: Around the ’50s, when casinos were taking off in Nevada, sports betting was sort of an amenity, kind of like an all-you-can-eat buffet, you know? It’s just one more thing to draw people in so that they go to the table games and the slot machines that really make money. So in a lot of ways, sports betting was an afterthought.

And yet, many of us thought, If we ever wanted to bet legally on sports, that’s the place to do it. So people would schedule March Madness trips to bet on college basketball, or they’d go during the Super Bowl to bet on that. So it was a pretty big draw, but it was also very marginal in terms of the bottom line for Nevada gambling operators.

But gambling on sports still existed well beyond Nevada in the U.S., because there’s this thriving black market. And one of the big arguments for legalization, just like with cannabis, was, People are going to find a way to do it, so let’s bring it above board, tax it, implement consumer protections. And at least that was a pretty convincing argument in favor.

Demsas: You mentioned the Supreme Court decision, Murphy v. NCAA. That’s the Supreme Court decision that basically strikes down this federal ban. What was the legal argument at issue there? Why did the Supreme Court find that the federal government cannot ban sports betting?

Funt: So crucially, they very explicitly said they can ban sports betting—they had just gone about doing it with a defective bill. So naturally, Supreme Court decisions tend to get oversimplified in the public conscience, but this one is so crucial because sports betting’s advocates took the decision and said, Aha! The Supreme Court has given the green light for sports betting or okayed sports betting.

Really, the case turned on a fairly obscure Tenth Amendment concept about states’ rights. And sports betting was the focus, but it was also kind of beside the point. So New Jersey said that what the federal government has done, in essence, is said, We want to ban sports betting, but we don’t want to regulate it. So we’re going to commandeer the states to do the federal government’s bidding. If they had legalized sports betting before 1992, that’s grandfathered in; it can remain on the books. If they hadn’t, they’re prohibited from changing their mind and legalizing it.

So this argument before the Court wasn’t, Should the federal government be allowed to ban sports betting? It was, Should they be able to tell the states that if they have an existing law, they can’t change it? And, you know, it sounds like the most thrilling Supreme Court oral argument. It was actually pretty dry because it’s so obscure in that way. But the effect was to overturn this ban that had been on the books for a quarter century.

Demsas: What was the state interest in legalization? This is Murphy v. NCAA. That’s Governor Phil Murphy of New Jersey, a Democrat. Why was he so hell-bent on taking this on?

Funt: The funny thing is: It was really Chris Christie, his predecessor, who was hell-bent on taking it on, and it really annoys Christie, who views bringing sports betting to New Jersey as one of his crowning achievements. It pains him to this day that the title of that case was updated to reflect Murphy because he took office before the decision came out.

But they had this long-standing economy, mainly in Atlantic City, that was really struggling. They looked at Nevada and were quite envious that sports betting brings people to the state around these major sporting events, year after year, and they said this would be a way to revitalize Atlantic City.

So the argument they brought to the Court wasn’t, Let’s have online sports betting across the country. It was, Let’s have in-person sports betting in these casinos in Atlantic City to jumpstart this ailing economy. As you can imagine, after that, all these states said, Hey—we also could use a lot of tax revenue and jumpstart our economies. Especially during COVID, when so many states were facing pretty dire budget deficits, they said, This is a fairly easy way to snap our fingers and have access to this influx of cash.

And that tends to happen a lot with gambling—is you’re facing some sort of economic or state budgetary issue, and this is a quick fix. So once New Jersey did it, and Delaware and Pennsylvania and a number of other early adopters, there was this ripple effect, where states look to their neighbors and say, Hey—they’re making money off this. We feel like chumps because we’re not. Let’s get on board. And the bandwagon really got off and running.

Demsas: So one thing that’s interesting is that—I’m confused why there’s been such a big focus or why sports betting has been so central to this story, when it feels like all types of online gambling are legal in lots of places now. So can you help me understand why that’s been so front and center?

Funt: I mean there’s so many video games or phone-based apps where it’s like, Hey—do you want to buy some tokens with real money? And then you’re playing with tokens, and then you convert the tokens back to real money, so it’s very sly.

There’s this whole phenomenon of what are branded as sweepstakes, where it’s essentially a loophole to allow people of all ages to risk money on sports, but it’s not called gambling. And you might remember: There’s a long history of things finding loopholes to offer gambling by a different name, most notably the whole daily-fantasy-sports boom that paved the way for sports betting.

So you’re right. It is part of a wider phenomenon. It’s interesting that true online casino gambling, like slots and roulette and poker, was predicted to follow from legal sports gambling. That was what a lot of these companies were banking on. And although about a half dozen states have legalized it, it hasn’t caught on quite as quickly as some of their investors’ hopes, and we could get into that.

Demsas: Yeah, why not?

Funt: The main reason is that the brick-and-mortar casinos think it’ll cannibalize their business, that if people can bet on those games on their phones, they’re not going to bother to make the trek to a retail casino to do the same thing. So I still think that’s going to be in the headlines a lot in the coming years, as states look for more ways to bring in tax revenue.

But to your question about why sports betting seems so dominant, part of it is just: The advertising is unbelievable. These companies are spending billions of dollars every year to get it in front of potential customers in as many ways as possible. As you were saying, you see it on the train. Same here in North Carolina. Billboards, signs downtown—everywhere you look there’s an appeal to get you to start betting on sports, not to mention all the TV ads. So the marketing is just overwhelming.

And then beyond that, it is startling, in that this was seen as something that was done in the shadows, and now it’s so mainstream and really being rammed down people’s throats in a way that a lot of people are quite concerned about.

Demsas: So what is the landscape now, right? Like, after Murphy, states had to pass their own legalization schemes. Right now, D.C. and 27 states allow online sports gambling, and there’s some regional concentration here that I thought was interesting—basically, the entire Northeast and the mid-Atlantic, as well as the Midwest. But lots of the South hasn’t. The Pacific Northwest hasn’t. California and Texas haven’t. What kind of explains this regional variation?

Funt: I think in the Northeast, state lotteries are so deeply rooted. Massachusetts, for example, has the highest-grossing state lottery per capita. So I think it’s easier to transition people into a new form of gambling. In a lot of parts of the country, like California and Texas, tribal interests are so powerful—they’re resisting anything that would threaten their business. In parts of the South, there’s a strong conservative Christian aversion to gambling still, although I think that’s dissipated a lot from one of the main reasons why the country didn’t adopt more gambling sooner. So yeah, it’s a lot of cultural and political reasons.

Demsas: One story of yours really kind of shows how haphazard the legalization process has been. Can you tell us about the Abunai gambler in D.C.?

Funt: Yes, so as you mentioned, D.C. is one of the places that legalized sports betting. Like many places, they did it quite hurriedly and sort of made things up as they go. And one interesting decision the D.C. government made was to have a city-sponsored sports-betting operation, as opposed to letting these companies like FanDuel and DraftKings run the show. So you could bet through those companies at stadiums and arenas, but if you are out and about on your phone or at a lot of these betting terminals in cafés and restaurants and bars, you are betting with a city-sponsored sportsbook called Gambet[DC].

And these terminals—they sort of look like ATM machines. They popped up all over the place, including at this tiny poke shop called Abunai. And one of the interesting things about betting terminals that professional gamblers were quick to pick up on is: Unlike if you’re going to a brick-and-mortar sportsbook, where you give your ID and they pay close attention to who it is betting, you bet anonymously through these terminals. So if you’ve sort of cracked the code and figured out an edge, you can bet anonymously, basically limitlessly, through these terminals and make a killing.

And this one guy found deficiencies in the odds in this poorly run city-sponsored sportsbook. It’s kind of incredible how bad the odds were compared to the rest of the market. Like, it didn’t take a genius to pick off vulnerable games to bet on. So he just finds a list of places in the city that have these betting terminals. Abunai was the first alphabetically on the list. So he says, Okay, great. They have a nice owner and staff, who didn’t mind him basically turning it into his home office.

And day after day, he would just dump cash in this machine and bet as much as he could—so much so that it swung the entire city’s betting numbers so that an overwhelming amount of money was being bet through this one store. He was winning so much that the entire city-run sportsbook was net negative for an entire month, which is unheard of. We all know the house always wins. D.C.’s sportsbook was run so poorly the house lost, in a month.

Demsas: How does that happen? Like, what is going on there?

Funt: So basically, sports-betting odds are often like efficient markets. So just like it’s really hard to beat the stock market, it’s really hard to beat who’s gonna win, you know, a football game or a basketball game, over the long haul, because, basically, the world’s collective wisdom is informing the spreads and the odds on these games.

But the people who are running Gambet[DC], this D.C. sportsbook, were very slow to update the odds. Sometimes, they would just have errors in how they input the information, so they just clearly have the equivalent of a typo in inputting the odds. Just not a lot of oversight. Even though it’s a pretty airtight business, you still need a lot of smart people running it and automation to manage it.

So this guy just picked off all these bad lines and bad odds. And statistically, he gained the upper hand, because if Gambet[DC]’s odds are way out of sync with the rest of the market, chances are the rest of the market’s right.

Demsas: So you literally just have to look at what the market is telling you, what the odds are in other places, and then just go sit down at Abunai Poke and just say like, All right, looking at my phone, what’s going on, on DraftKings or whatever, and then just do that.

Funt: Precisely. He was betting on sports that he didn’t follow at all. He had no expert insights into them. It was just, A respected sportsbook has the odds at this number. Gambet[DC]’s are off in this way. I’m gonna err on the side of the respected sportsbook and bet against Gambet[DC]. And it was hugely profitable, at least as long as he got away with it.

Demsas: Do you know how much money he made?

Funt: Yes, so thanks to some public records that were turned over, only over the course of three months, he profited more than $400,000—pretty unheard of, even for an incredibly successful bettor. That rate of return is just remarkable.

Demsas: Wow. So I went down a rabbit hole, when I was researching for this episode, about American history on sports gambling. And I did not know the role of Attorney General Bobby Kennedy—the OG Bobby Kennedy—his crusade against sports gambling. And learning that, kind of in the middle of the 20th century—you touch on this a little bit, but—that the real focus on outlawing sports gambling was about combating organized-crime syndicates.

Bobby Kennedy wrote an article in The Atlantic in April 1962 about this issue. And just quoting from it:

As I sit down today to write this article, a business executive with an industrial firm on the Eastern seaboard is telephoning a bookmaker to place a fifty-dollar bet on a horse race; a factory worker in a Midwestern town is standing at a lunch counter filling out a basketball parlay card on which he will wager two dollars; a housewife in a West Coast suburb is handing a dime to a policy writer who operates a newsstand as a front near the supermarket where she shops.

These people, and millions like them who follow similar routines every day, see nothing wrong in what they are doing. Many of them can afford the luxury of this type of gambling. They look upon it simply as taking a chance.

He continues:

But they are taking a chance which the nation and its economy cannot afford. They are pouring dimes and dollars day by day into a vast stream of cash which finances most illegal underworld activities. The housewife, the factory worker, and the businessman will tell you that they are against such things as narcotics, bootlegging, prostitution, gang murders, the corruption of public officials and police, and the bribery of college athletes. And yet this is where their money goes.

So I did not have a sense that this was a big part of the modern conversation around sports gambling. Is this kind of resolved, or are we still worried about gambling, kind of, going to these underworld activities?

Funt: Yeah, first of all, it’s a great article you turned up. I’m excited to find it myself and read it. That was definitely one of the arguments for legalizing sports betting around 2018, after that Supreme Court decision, because a huge amount of money was being bet through offshore sportsbooks that operated illegally online, taking tens of billions of dollars in wagers from Americans. And there was some evidence that the criminal syndicates that were operating those sportsbooks did a bunch of other criminal activity.

So just as RFK was saying, you’re, in effect, patronizing those sorts of criminal activities. That’s not always the case. Some of them were just Americans who were bookmakers in the U.S. and got tired of getting arrested, so they went to Latin America and set up websites where they could take bets. It wasn’t quite as sinister as that. But at least as the argument went, it was a real boogeyman, that you’re funding criminal organizations, and, Why not fund taxed, legitimate companies by making this legal? So yes, that was definitely a significant argument.

And I think as far as that kind of conscious capitalism goes, well, the sportsbooks that operate today definitely aren’t, you know, also selling drugs and prostitution and all those things. There definitely is some hand-wringing among people of, Does gambling exploit vulnerable people? Do we know that this is making problem gambling more prevalent? And by betting safely, are you still, in effect, funding companies that take advantage of people? So it’s not quite as potent as the argument RFK laid out, but it’s definitely still relevant.

Demsas: And what has the impact been on legalization? Has legalization reduced off-book gambling. Can we even really measure that?

Funt: So you’re right. It’s impossible to know exactly how much gambling is going on under the table. It always has been. I think some of the estimates were inflated to make the argument seem more convincing, but it by no means has eliminated it or even put the dent in it that a lot of the advocates for legalization promised.

Again, in 1992, they looked at all these different types of cause-and-effect things to think about, and one of them was: If you legalize an illegal activity, do you snuff out the black market, or do you just grow the pool of people doing it and, in fact, actually convert some people who might not have been doing it, who are then going to look to the black market, for a variety of reasons? So when it comes to sports betting, yes—there are definitely those offshore, illegal sportsbooks that are hurting because of this.

But there are also people who took up sports betting because they saw ads everywhere and all these generous new-customer offers and started legally, and then they said, Hey. There’s a bunch of different reasons why betting illegally might be advantageous. Maybe I don’t want it showing up on my bank statement. Maybe I don’t want my winnings taxed. Maybe I want to be able to bet much more illegally than you’re able to do so legally, if I’m a winning bettor. So yeah, in some respects, it’s put the offshore business on the ropes, and in other respects, it’s sort of created a funnel of new customers for them.

[Music]

Demsas: After the break: what’s gained and what’s lost in states where online sports betting is legal.

[Break]

Demsas: I want to delve into the welfare harms of people who are engaging in sports gambling. But before I do that, I think because of your articles and a lot of other arguments being made and research coming out, there’s a growing narrative about the potential mistake that this was in legalizing gambling. But I think that can be helpful to go back and think in the minds of states who were interested in legalizing gambling. What was going on with them? Like, how much money are they actually making off of this? And what sorts of things is it going to?

Funt: Yeah, that was definitely the No. 1 argument, was, Hey. Let’s just bring in more revenue without taxing people—always, you know, a strong selling point for at least some people.

So whether tax revenue has exceeded or failed to meet expectations varies state by state. In total, since that Supreme Court decision and all these states started legalizing, a little more than $7 billion has been raised in taxes from sports betting for state governments. It’s important to note that $2.6 billion of that has gone to New York State alone, the largest legal sports-betting state, which also has the largest tax rate, so they’re just getting an epic windfall compared to the rest of the country.

Many states simply send the money to their general fund. Some states, like Colorado, specifically earmarked it—in Colorado’s case, for water-conservation issues. But you know, tax revenue is definitely a worthwhile thing to look at, but it’s not the whole picture. I think it’s appropriate to look at a more holistic view of, Sure, states are generating this money, but it’s not like loose change they’re finding in their couch cushions. This is coming from somewhere. It’s coming from their constituents.

We know gambling is, in many respects, kind of a regressive tax in that it, you know, pulls money from a lot of vulnerable people, as opposed to a more progressive tax that proportionately takes from people who can afford to lose. And that’s why some states, like Washington State, have been much more restrictive in the way that, yes, they’ve legalized sports betting, but you can only do it on the grounds at tribal reservations. So their idea was, Let’s give a boost to tribal economies, but we don’t want to depend on revenue from gambling to fund our state’s growing needs. We’d rather do that through progressive taxes, more sustainable, healthier for our society, something that definitely not all states have taken into account.

Demsas: I have seen a lot of that research around the regressivity of these sorts of tax revenues, but I was surprised with sports betting. And there was a Pew poll looking at the demographics of people who engage in sports betting. And they don’t really find any significant differences in educational attainment or household income. They see that men are more likely than women to say they have bet on sports, and adults under the age of 50 (when compared to those over 50), and Black Americans and Hispanic adults are more likely than white and Asian American adults. But I’m surprised that there’s not more of a difference in household income here.

Funt: You’re right. In some respects, I think sports bettors skew a little bit more middle class and well-educated, compared to other forms of gambling. But when we think about the regressivity of it or just whether it’s the healthiest way for society to generate money, it’s not just that the poor are the ones doing the gambling. It’s also—think about that people with gambling problems are, in many respects, these companies’ best customers. They’re losing such a disproportionate amount of money, compared to the rest of the clientele.

Are we comfortable generating money on the backs of people who just find this ruinous, in a lot of ways beyond financially? So that, I think, should give people pause. But you’re right—for a lot of cultural reasons, the people who bet on sports tend to be much more middle class than the people who, say, do scratch-offs or play the lottery.

Demsas: So I want to now turn to all of the harms that have now become evident over the past several years. Can you walk us through the financial impacts of gambling? What are we finding about the legalization of sports gambling on the impact on households’ financial well-being?

Funt: Yes. So last year, I’d say two of the most-buzzed-about studies that came out on that topic—one of them found a direct correlation between states that had legalized sports betting and a demonstrable impact on credit scores and other measures of financial health. A similar study, also last year, found that household savings go down in places where sports betting is legal. So you are seeing a demonstrable impact on people’s financial well-being as a result of the availability of sports betting.

Part of what I find, honestly, quite frustrating about the way this has played out in the U.S. is it’s been treated like this experiment where, We’re entering an uncharted territory. We’ll see how it goes. We’ll discover things. Like, Does this hurt people financially, or does this create a public-health problem that we didn’t anticipate? There’s a whole bunch of countries that are far ahead of the U.S. in terms of legalizing, and there’s a vast body of research that looks at the consequences. This didn’t have to be this shot in the dark for the U.S. We could have looked at Europe and Australia and Latin America and Asia and a lot of other places that are farther along and have had to reconcile the consequences of making gambling so accessible.

So in the U.K., for example, where online gambling was legalized in 2005, one study recently found that Brits lose about £5.5 billion every year betting online, which results in lost economic activity of £1.3 billion. The government estimates conservatively that gambling-related health consequences cost the population more than a billion pounds every year. And again, the people who did that study said: If you actually look at the second- and third-degree consequences, on a mental-health level and all the family trauma that it causes, it’s probably much bigger than a billion pounds, but we can safely say that.

So yes, again, the evidence is starting to trickle out in the U.S., but it’s been there overseas, and I think it’s pretty irresponsible that the states that were establishing regulations didn’t heed those warnings before getting this off and running.

Demsas: Yeah, I mean, I want to underscore this. I can imagine someone going like, All right, someone is going to, you know, buy some bad fast food out there rather than cook, or they might gamble on some sports. These are all just consumption, and they’re different levels of bad, but is it really that big of a deal?

You know, one of the studies you referenced, a Northwestern University study by Scott Baker and his co-authors—they’re finding that it’s not just displacing other gambling and consumption. People are falling into debt over this. So for every dollar spent on betting, households are putting a dollar less into investment accounts. You’re more at risk of overdrafting your bank account, maxing out credit cards.

And these effects are strongest among households that are already kind of financially precarious. Charles Lehman actually wrote a great article about this for us in The Atlantic. And this is not a situation, I think, where it’s, you know, We’re just getting money reallocated from other places. People are experiencing a lot more debt delinquency over this.

The other study that you referenced, the economist Brett Hollenbeck at UCLA and his co-authors also find, similarly, that the increase of the risk that a household goes bankrupt [goes up] by 25 to 30 percent. I mean, these are really big numbers that we’re seeing here. And can you just walk us through this kind of gambling addiction? Is this a situation where it’s a very small number of people who are getting addicted, and that’s what’s driving these stats? Or are large shares of Americans experiencing financial precarity here? What do you think?

Funt: Right. So the rate of problem gambling is definitely increasing. So for a long time, it was perceived that about 1 to 2 percent of the population is prone to problem gambling. In states that have had legal sports betting and other legal online gambling for a while, they’re seeing that rate closer to 6 or even 8 percent, and it’s even higher among young men, who are often the target audience for sports betting.

But I think it’s important to look beyond problem gambling. Even though those numbers are quite alarming, it can sort of make it seem like a marginal issue. Like, As long as I’m not in that sliver of the population, I’m good. I think that those sorts of consequences that you were describing go beyond people who have diagnosable problems.

So I find quite striking or even alarming the explosion of gambling among college students. And there was a survey recently that found that one in five college students who bet on sports dips into their tuition funds to fund their betting. So obviously, fewer than 20 percent of college students have gambling problems, but you’re still seeing people affect themselves financially because of their betting. So it’s a vast problem, and it’s an under-researched area.

It’s also something that is a developing story. So you’re not going to get a full picture out the gates. Gambling disorder, unlike some addictions where you might experience something once and become hooked on it—that can happen with gambling, but—it’s often a progressive disorder, so it can take several years or even longer to develop a problem. So if you think about it, we’re really in the early innings of this. And that sort of data and that sort of picture of how this is affecting society as a whole is still going to be emerging in the coming years.

Demsas: And, I mean, you talked a little about the mental-health impacts of gambling addiction here, but there was a paper that came out recently—it’s actually what spurred me to want to do this episode with you—about domestic violence. Can you talk to us about what that found?

Funt: Yes, it’s one of those things that’s terrible but, honestly, not totally surprising—that, again, you can see a correlation between the states that have legalized sports betting and those that haven’t, and when people lose bets, they’re more prone to commit acts of domestic violence.

There’s, similarly, a correlation, in that same respect, where sports betting is legal and higher rates of binge drinking. So you can think about it either fueling or just coinciding with a lot of other problematic activity. And it’s why, to really take stock of what this means for society, you’ve got to look at the bigger picture, not just some of these raw numbers that are thrown in our faces all the time.

Demsas: Yeah, I mean, I think that most people have probably heard there’s an older study that’s not about sports betting, but it’s just about, you know, an NFL home team’s upset loss can cause a 10 percent increase in the rate of at-home violence. This is a famous David Card study.

And the thing that I think is really interesting about the Card-Dahl study is that when we’re talking about upset losses—these are, like, unexpected losses, when the home team was predicted to win, and then they lose—you would think, Oh well, maybe in the states where there was an upset win, when the home team was predicted to lose and they actually win, maybe you see a decline in domestic violence, but that doesn’t happen. There’s basically an asymmetry here—

Funt: Oh gosh.

Demsas: —in the gain-loss utility function. So it’s like: You’re actually just gonna get more domestic violence. You’re not gonna even it out or something like that. And that, I think, becomes a really big problem when you are thinking about this paternalism issue here, because I can imagine people hearing this episode are just like, Yeah, this sounds really bad, but do I think the government should be in charge of banning something just because people are making bad decisions?

The downstream effects here are what I think are really convincing. You know, no one consents to having domestic violence happen to them, obviously, ever. But that that might increase as a result of someone else choosing to bet on sports seems, you know, even beyond the pale.

Funt: Yeah, absolutely. I think this debate often gets reduced to, Should this be outlawed, or should it be legal with hardly any restrictions? And I think it oversimplifies the argument, and it—we’re really past that. I don’t know how many states that have legalized it are going to go ahead and say, This was a mistake. Let’s outlaw it.

But there’s such a spectrum within that dichotomy, of: Should there be restrictions on advertising? Should there be restrictions on the enticements for customers? Should we require affordability checks to make sure people are betting at least vaguely within their means? All these different regulations that ought to be debated instead of, Should we ban this? which, of course—you’re right—is going to get a bad reaction from a lot of people who don’t like the government overstepping in the decisions we make.

I think consumer protections were the main argument for legalization. So whether we’re living up to that promise and delivering actual protections that protect the people who were betting illegally, and now we’ve said this is a safer way to do things—that, I hope, is where the conversation goes.

Demsas: I actually was surprised. I was trying to look up what people actually want to happen with legalization here, and I was shocked. Only 8 percent of people—there’s a Pew poll about this—only 8 percent of people thought it was good for the country that sports betting was legal. And 34 percent said it was a bad thing. The rest said they thought it was neither good nor bad. I would not have expected that. Is that what you find when you’re reporting, that people are saying that they think it’s bad that we’re allowing this?

Funt: Yeah, I try not to put too much stock in the anecdotal. Even though I’ve interviewed so many hundreds of people for my work, I’d rather rely on an academic who’s doing a proper study.

That said, yeah, I find it interesting, not only how many average people feel that way, but how many professional bettors, who you’d think would be the biggest evangelists for legalization and defending the way they make their livelihood—a lot of them are some of the most vocal about, This has gotten out of control. It’s crazy that there aren’t more guardrails to protect ordinary people.

I even hear plenty of people who work in the industry say, States and even perhaps the federal government could be doing more to protect customers. So it’s not just casual people who see all the ads and say, Gee, this has run amok. It’s people who are right in the middle of it who feel that way.

Demsas: So you mentioned that other countries have had experiences with this as well. Are there regulations you would copy from other places that maybe can improve our situation?

Funt: Yeah, and I try not to be, you know, a public-policy advocate as a reporter, but I will just say things that a lot of people, whether they’re health experts or player-safety advocates, are encouraging to at least be debated.

So one of them is: Countries that have banned advertisements that use expressions like free or risk-free or no sweat or bonus deceptively—so they’re basically making it sound like a can’t-lose proposition, when either you can lose the money you’re betting on the bonus, this offer, or you might get a little money through the bonus, but you’re obviously going to lose money over time—some countries have tried to weed that out.

There have been a lot of countries that have restricted when and how you can advertise, to try to minimize the number of young people that are seeing gambling ads day after day. So they might say you can’t advertise during sporting events or during certain hours of the day when kids are more likely to be watching TV.

Affordability checks are a polarizing one because that does tend to feel quite paternalistic, but in a lot of the places that have imposed those, the thresholds are sky-high. They’re not telling you, You should spend your money here or there. They’re saying, If someone’s spending hundreds of thousands of dollars within a day of signing up, maybe you ought to check in and see if they can afford to be doing that—things that are a lot more palatable than you might think when you hear a phrase like affordability check.

So there’s so many different reforms. Another one that is getting a lot of buzz at the federal level is this idea of a national self-exclusion list. So one thing that’s quite helpful for people with problems is they say, I’d like to cut myself off from gambling, to remove that temptation. But currently, let’s say I live in New Jersey—I can do that in New Jersey, but if I drive 15 minutes into New York or Pennsylvania, that exclusion doesn’t apply in those states. So it’s enormously tempting to do that. It might make sense to have a national self-exclusion list. So operators that are functioning across state lines have to honor exclusion, no matter where you are.

Things like that, again, it’s not about, Should we outlaw this? or, Should we backpedal on the decision to legalize? There’s this whole host of consumer protections that might be worth considering.

Demsas: Yeah, one thing I’d heard talked about is also not allowing people to make bets with credit cards, such that you have to have the money, so you can’t run up these large bills that you literally cannot pay back. And it seems like something about allowing it everywhere you are is a problem, right?

There’s a level to which I don’t know that we’re putting the genie back in the bottle on online betting, but the idea that you can pull out your phone at any point when you’re stressed out, that you don’t have to go somewhere, seems like a problem. And maybe creating some sort of temporal bounds, like maybe you can’t do it on college campuses or something like that—you can’t do it in schools in general, or you can’t do it at bars or something—you know, that might create some backlash here, but it indicates that, you know, there are ways to reduce the problem here.

Funt: You’re right that you have to use geolocation when you use these apps so that they can tell that you’re in a legal betting state, and it’s extraordinarily precise and effective. So if you’re in D.C. and you go into a federal building, suddenly your sports-betting app no longer works. It literally, like, works if I’m in a yard within the okay zone versus the not-okay zone. It’ll pick up on that.

There’s a state delegate in Maryland named Pam Queen, who’s also a professor at Morgan State University, who had the idea of: We could use this to either ban sports betting on college campuses or do something even more modest, like ban it in classrooms or in underage dorms or dorms during certain hours. The possibilities, as you were saying, are limitless, and it doesn’t have to be as severe as, you know, You can’t bet at a stadium or at a bar. It could be things that I think most people would agree sound appropriate, like, You shouldn’t bet in a freshman dorm or, you know, during class.

So yeah, that is a really potent tool that hasn’t caught on anywhere, but I think she and other people are going to be pushing for that.

Demsas: I then also want to ask you about your experiences interviewing legislators. So there are a lot of legislators who are involved in this effort, a lot of governors who have signed bills to allow sports betting or to allow online betting in their states. Have you talked to anyone who’s exhibited any kind of concern with how things have gone?

Funt: Buyer’s remorse, in some cases. Most notably, I’d say: I interviewed Charlie Baker, the former governor of Massachusetts who signed the bill legalizing bookmaking there in 2022 and then a few months later became president of the NCAA and has become a really vocal champion for limiting the amount of betting on college sports, particularly in light of the brutal harassment that college athletes and coaches get whenever their performance costs someone a bet.

It’s honestly horrifying, the sort of stuff they see on social media and in real life. And he has said point-blank, I wish, in hindsight, this had stayed in Las Vegas. As you were saying, it’s pretty commonsense that if you can bet from literally anywhere at any time of day, that’s gonna be quite a different situation than if you have to go to a casino, or even go to Las Vegas, in order to bet—or hunt down a bookie and find ways to bet through crypto or other sort of sketchy things that a lot of people are uncomfortable doing.

The idea that you can swipe to deposit money on your phone and then tap a couple of times and bet limitless amounts at any time of day is such a game changer. He was saying, We didn’t really process what a difference that would make, and I wish we had. So yes, he’s maybe the most forthcoming about that, but there are a lot of lawmakers who are seeing the fallout, in a lot of different respects, and saying, Maybe we need to re-regulate, as a lot of the rest of the world has decided is appropriate.

Demsas: Well, Danny, always our last and final question. This has been an episode chock-full of ideas that were good on paper. But what is an idea that you had that you thought was good at the time but ended up being only good on paper?

Funt: All right, so I was living in New York after college. I had a tiny balcony. I went and bought seeds to grow. I think it was, like, cucumbers and basil. And I was getting breakfast with my buddy Brian, and I was like, Dude, you will not believe how cheap these seeds are. We could totally grow vegetables and herbs and whatever else and sell it, and the margins would be crazy, and we’d make a killing. And he was like, So your business idea is farming? And I was like, Touché, Brian. You’re right. This is maybe not the most groundbreaking business idea. So he set me straight on that one.

Demsas: Oh my gosh, you didn’t live out—I actually, so my first house when I moved out of college was this group house, and we had the idea to farm some vegetables for the house, and it was successful in that we had some kale and sweet potatoes. But I have never in my life been like, I am never getting my food from my own labor. Like, this is just never happening again.

Funt: Oh, yeah.

Demsas: It’s a lot of work, and I feel like it caused so much strife in our household, too, because people were like, Who’s gonna harvest? What do we do with all this, like, extra kale now that no one wants to eat, because we have 20,000 bushels of kale. And you’re just, like, giving it away. But I’m glad that you did not actually have to execute your good on paper idea. You just figured it out beforehand.

Funt: I liked it, the basil I grew, but it wasn’t scalable. Brian was right.

Demsas: Danny, thanks so much for coming on the show.

Funt: My pleasure. Thanks again for having me.

[Music]

Demsas: Good on Paper is produced by Rosie Hughes. It was edited by Dave Shaw, fact-checked by Ena Alvarado, and engineered by Erica Huang. Our theme music is composed by Rob Smierciak. Claudine Ebeid is the executive producer of Atlantic audio. Andrea Valdez is our managing editor.x

And hey, if you like what you’re hearing, please leave us a rating and review on Apple Podcasts.

I’m Jerusalem Demsas, and we’ll see you next week.

How the U.S. Gamed the Law of the Sea

The Atlantic

www.theatlantic.com › international › archive › 2025 › 01 › us-continental-shelf-seafloor-mining › 681451

You’d be forgiven for thinking that America’s continental shelf couldn’t get any bigger. It is, after all, mostly rock, the submerged landmass linking shore and abyss. But in late 2023, after a long and expensive mapping project, the State Department announced that the continental shelf had grown by 1 million square kilometers—more than two Californias.

The United States had ample motive to decide that the continental shelf extends farther than it had previously realized. A larger shelf means legal access to more of the ocean floor’s riches: animals, hydrocarbons, and, perhaps most important, minerals to power electric-vehicle batteries. America has no immediate plans to excavate its new seabed, which includes chunks of the Arctic Ocean, Bering Sea, and Atlantic, as well as several small pockets of the Gulf of Mexico and the Pacific. But, according to the State Department, the combined area could be worth trillions of dollars.

The announcement shows just how shrewdly the U.S. has gamed the international system. Since 1982, a United Nations agreement called the Law of the Sea has served as the cornerstone of the global maritime order. In its expansion project, the U.S. abided by the treaty’s rules dictating how nations can extend their shelves—but, notably, it never ratified the agreement, which means that unlike the 169 nations that did, it doesn’t have to pay royalties on the resources it extracts. Apparently America can have its cake and eat it, too: a brand-new shelf, acquired in seemingly good order, that it can mine for free. This gold rush in the making can be seen as the culmination of a long national bet that even though America helped create the global maritime order, it’s better off not joining.

America’s undersea enlargement would not have been possible without Larry Mayer. An oceanographer at the University of New Hampshire, Mayer began the U.S. government’s largest-ever offshore-mapping effort in 2003. Over the next 20 years, he led a team of scientists that dragged sensors across America’s neighboring oceans, scanning more than 1 million square miles of seabed. “When you do that at nine miles an hour, it takes time,” Mayer told me. The project logged more than three years afloat, “a lot of it in the Arctic, which takes even more time because we’ve got to break ice.”

[From the January/February 2020 issue: History’s largest mining operation is about to begin]

Forty voyages and more than $100 million later, Mayer returned with four terabytes of data, which State Department officials plugged into formulas laid out by the treaty. “Not all countries have the ability to hire Larry Mayer and the scientific wherewithal to go out for 20 years and spend tens of millions” to grow their shelf, says James Kraska, a law professor at the U.S. Naval War College who also teaches a course at Harvard Law School on international maritime code. “Ghana hasn’t done this.”

America first claimed jurisdiction over its continental shelf in 1945, a few weeks after Japan’s surrender in World War II. For several years, the U.S. government had been concerned about Japanese ships catching salmon off Alaska, as well as other nations drilling for oil off American shores. With the war over, President Harry Truman proclaimed that an underwater area of some 750,000 square miles—about 4.5 Californias—now belonged to America.

No internationally agreed-upon definition of continental shelves existed until 1958, when 86 countries gathered at the first UN Convention on the Law of the Sea. The group decided, somewhat unhelpfully, that a shelf could extend as far and as deep as a nation could drill. By the following decade, technology had advanced so quickly that a country could claim virtually an entire ocean. Sure enough, one member of Congress from Florida proposed that the U.S. occupy what amounted to two-thirds of the North Atlantic.

President Lyndon B. Johnson warned against such expansionism. In a 1966 speech, he denounced the “new form of colonial competition” that threatened to emerge among maritime nations. “We must ensure that the deep seas and the ocean bottoms are, and remain, the legacy of all human beings,” he said. The following year, Arvid Pardo, an ambassador from Malta, called on the UN to deem the ocean floor “the common heritage of mankind.” In 1970, the U.S. voted alongside 107 other nations to do precisely that.

The UN reconvened in 1973 to legislate a shared vision of the seas. Over the next nine years, more than 150 nations and as many as 5,000 people gathered for off-and-on negotiating sessions in New York City and Geneva. They discussed a wide range of topics—freedom of navigation, fishing, scientific research, pollution, the seabed—and ultimately produced the Law of the Sea.

The U.S. had helped pave the way. Three years before the convention, the Nixon administration had presented a draft treaty that proposed a forerunner to the International Seabed Authority: an agency established by the Law of the Sea that would collect royalties from underwater resources and distribute them to the developing world. But the nation’s posture changed after Ronald Reagan’s election in 1980. American delegates began showing up to negotiating sessions wearing ties that bore the image of Adam Smith, the father of free markets. It was an early sign of the administration’s reluctance to regulate the maritime economy.

In 1982, the U.S. voted against adopting the Law of the Sea—one of only four countries to do so—and said it would refuse to ratify the finalized treaty. Reagan’s reason: the regulations on mining, which he thought would hamper America’s ability to exploit undersea mineral resources. He seemed particularly worried about the royalty scheme that would govern the international seafloor, a vast virgin deep that lies beyond the jurisdiction of any one state and makes up about half of the world’s ocean floor.

That June, Reagan reportedly told his National Security Council, “We’re policed and patrolled on land and there is so much regulation that I kind of thought that when you go out on the high seas you can do what you want.” The president was concerned about “free oceans closing where we were getting along fine before,” minutes from the meeting show. He dispatched onetime Defense Secretary Donald Rumsfeld to persuade other nations to reject the treaty, but the mission failed.

Just 16 years earlier, the U.S. under Johnson had set out to prevent nations from making unilateral claims to the high seas. Then America made its own. Months after the Law of the Sea was finalized, Reagan said the U.S. would abide by its rules on “traditional uses of the oceans,” such as navigation, but not by the “unnecessary political and economic restraints” that the treaty imposed on mining. Instead, Reagan claimed jurisdiction over all the natural and mineral resources within 200 nautical miles of the nation’s shores (230 regular miles), an allowance that the Law of the Sea granted only signatories. That is, he cited “international law” for permission, even though he had refused to ratify that law. Reagan showed that the U.S. could take what it wanted from the treaty without submitting to the UN. Judging by the newly extended shelf, it still can.

The State Department’s Extended Continental Shelf Project works out of a National Oceanic and Atmospheric Administration building in Boulder, Colorado, some 800 miles from the nearest ocean. Its office is down the hall from the Space Weather Prediction Center. When I visited last year, maps of the Arctic adorned the walls, and a whiteboard showed an elementary red drawing of the U.S. and Canada protruding into the Atlantic. Inside sat Brian Van Pay, the director of the project, and Kevin Baumert, its lawyer.

Van Pay and Baumert are picky about words. When I asked whether America had just gotten bigger, Van Pay replied: “It depends on how you define it. If you’re talking about sovereignty”—he emphasized the last syllable—then no. “But if you’re talking about sovereign rights”—maybe. “But it’s not territory.”

[From the April 1969 issue: The deep-sea bed]

According to the Law of the Sea, a continental shelf stretches 200 nautical miles from a nation’s shores. Any country can mine this area without worrying about royalties. But the treaty lays out two formulas for tacking on “extended” shelf; calculating this is what kept Van Pay and Baumert busy. If you mine there, you need to pay royalties to the International Seabed Authority—unless you’re America and haven’t ratified the treaty.

The first formula requires finding the “foot of the continental slope,” where the seabed starts to flatten out. For the next 60 nautical miles beyond that point, you’ve got continental shelf. The second formula involves the sediment on the ocean floor. (This goes by the technical name “ooze.” It’s plankton skeletons, mainly.) Shelves extend as long as the sediment covering them is thick enough that oil and gas could plausibly be stashed underneath. A team of scientists, led by the geologist Debbie Hutchinson, scanned the ocean floor with seismic sensors to find this boundary. Two regulatory limits circumscribed Van Pay and Baumert’s calculations: No shelf can spread more than 350 nautical miles from shore, or more than 100 nautical miles beyond 2,500 meters of depth. The formulas yielded 1,279 coordinate points delineating the new shelf.

The rules are objective, but the results depend on other nations’ recognition. Parts of America’s new shelf overlap with those of the Bahamas, Canada, and Japan, prompting ongoing negotiations. And in March, Russia’s foreign ministry said that it wouldn’t recognize America’s shelf, because the U.S. hadn’t sent its data to the Commission on the Limits of the Continental Shelf, the agency created by the Law of the Sea to review such submissions.

Russia’s claim relates to a broader concern that the U.S. has essentially ignored unfriendly provisions in the treaty—such as oversight requirements—while exploiting advantageous ones, such as formulas for shelf expansion. Van Pay and Baumert disagree with that characterization. Baumert told me that America’s expansion is not unprecedented; more than three dozen countries have extended their shelves without ratifying the Law of the Sea. (Only four of those still haven’t ratified, though: Syria, the United Arab Emirates, Venezuela, and the United States.)

Furthermore, Van Pay and Baumert told me that they hadn’t sent in their new coordinate points because the Commission on the Limits of the Continental Shelf had never considered submissions from a nation that wasn’t a party to the Law of the Sea. I asked the commission, If America submitted its shelf boundaries, would you review them? “This question has never been raised,” Aldino Campos, the chair of the commission, told me. He said it wouldn’t discuss whether to consider such a submission unless it actually receives one. But ultimately the commission only makes recommendations; actually asserting the new limits of a continental shelf falls to the United States.

Even though America hasn’t ratified the treaty, Kraska, the law professor, told me it has an obligation to comply with it. He argued that it has taken on the force of “customary international law”—that is, a set of norms and practices that are so widely followed that they become binding to all nations, whether or not they’re signatories. All told, he said, the U.S. has made a “credible, good-faith effort” to extend its continental shelf in accordance with the Law of the Sea.

Most mainstream U.S. government officials want America to ratify the treaty. Five presidents and at least five secretaries of state have urged Congress to join, arguing that it would help bolster the international rule of law. Becoming a party to the Law of the Sea would also allow the U.S. to further legitimize its expanded shelf.

Ever since Reagan, though, Republican lawmakers have staved off ratification, which requires two-thirds of the Senate. Along with conservative groups such as the Heritage Foundation, they worry that the royalty schemes would impose an undue financial burden and that joining the treaty could result in a “dangerous loss of American sovereignty.”

Their calculus may soon change. As early as this year, the International Seabed Authority could finalize regulations that would open up mining on the international seafloor. Because America hasn’t ratified the Law of the Sea, it won’t have the right to participate. (Some conservatives argue, however, that the U.S. can simply do as it pleases on the international seafloor.) Pressure is mounting on lawmakers: In March, more than 300 former political and military leaders called on the Senate to ratify, reflecting concerns that America might not be able to keep up with China if it relies solely on its own shelf.

America may not mine its new seabed for decades anyhow. The role of the State Department, Van Pay and Baumert insist, is to set the fence posts, not referee what happens within them. In the meantime, America’s shelf could keep growing. “We always want to leave open that possibility,” Van Pay told me. More data could be collected, he said. “There are more invisible lines to draw.”

How Donald Trump Got Ready for His Close-Up

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 01 › how-donald-trump-got-ready-his-close › 681385

The Capitol One Arena is rather dreary. The 27-year-old venue was considered so outdated—and the neighborhood around it so drab—that last year the owner of the Washington Capitals and Wizards threatened to move the teams to Virginia.

But today, the arena will be the unlikely venue where Donald Trump’s political powers and showman’s instincts will be placed on full display.

A tiny desk, affixed with the presidential seal and bathed in red, white, and blue lights, has been placed on a stage built in the center of the arena where—in lieu of a traditional inaugural parade—Trump will hold a rally this afternoon. That is where he is expected to sit and sign a slew of executive orders. His efforts to reshape national policy and presidential power will come not in a quiet Oval Office but in front of a raucous crowd of supporters.

Trump officially completed his stunning comeback by taking the oath of office just after noon today in the Rotunda of the U.S. Capitol. But his second term, in many ways, will truly begin a few hours later in that packed arena about a mile away. An executive producer at heart, Trump has always leaned on the power of imagery in cultivating political force. And in his inaugural address, he was stage-managing his sequel, a presidential spectacle that offered a preview of his plans for his second act.

There were few notes of unity.

“My recent election is a mandate to completely and totally reverse a horrible betrayal,” Trump said, “and all these many betrayals that have taken place, and give people back their faith, their wealth, their democracy, and indeed their freedom. From this moment on, America’s decline is over.”

The frigid temperatures gave Trump an excuse to move the inauguration inside, much as Ronald Reagan did in 1985, and they provided him with further control of the pageantry. By not braving the cold—and, to be clear, several inaugurations have been colder—Trump also dispensed with any focus on the size of his crowd, something that upset him deeply eight years ago.

Moreover, he was able to mark his return to power in the very space where a violent mob of his supporters tried to overturn an election to keep him in power. Four years ago, a crowd radicalized by lies of a stolen election stormed the U.S. Capitol and desecrated its Rotunda, committing acts of violence in Trump’s name. Today, official Washington used that same historic hall to welcome him back to power.

If Trump had delivered his speech in its customary outdoor location on the Capitol’s west front, the cheers from the crowd down on the mall below would have been distant. But the indoor setting invoked a State of the Union address, held annually just down the hall in the House of Representatives chamber. And Trump furthered that feeling with a partisan speech, pushing a litany of policy proposals. Reactions split along party lines, with Republicans repeatedly leaping to their feet to applaud and Democrats, including outgoing President Joe Biden, sitting silently.

Trump leaned into the visual messaging of the Capitol ceremony. For most people, seating charts are mundane, tiresome organizational tools. But they are prized in Washington for clues as to who’s up and who’s down, offering a literal map of proximity to power. The signals sent by Trump were clear: GOP donors and friends such as Miriam Adelson and Dana White were seated right behind the row for former presidents. His new tech-billionaire friends—Elon Musk, Jeff Bezos, and Mark Zuckerberg—got prime seats inside the Rotunda, in front of the incoming Cabinet, while a number of Republican governors, including Ron DeSantis of Florida, Glenn Youngkin of Virginia, and Brian Kemp of Georgia, were shoved to the overflow room.

Inauguration Day was designed to showcase democracy’s strength. Instead, the events of the day showed its inherent fragility. Biden provided Trump what Trump did not give him—a peaceful transfer of power with all the niceties of ceremony—but the outgoing president was so concerned about his successor exacting revenge that he issued extraordinary preemptive pardons to some government officials and members of his own family, which cut sharply against his pledge to restore democratic norms.

As his motorcade wound its way through Washington, Trump was surrounded by his own image. Many of those thronging the nation’s capital—even those shut out of the events by the weather-related scheduling changes—sported shirts and sweatshirts emblazoned with Trump’s mugshot taken at Fulton County Jail, in Atlanta, when he was charged in August 2023 with racketeering. At the time, that case in Georgia was just one of four criminal cases that imperiled Trump, though it was the only one that produced a booking photo quickly disseminated around the globe.

Many Democrats hoped it would doom Trump’s chances, undermining a campaign that was about retribution, yes, but also about keeping the candidate out of prison. But three of the cases fell by the wayside, derailed by stalling tactics, prosecutorial blunders, and a helpful Supreme Court ruling on presidential immunity. And the one case that did move forward—the hush-money trial in New York—ended with a conviction that will be recorded in the history books but meant little else.

Trump has mused that the legal proceedings created images that reinforced his claim to be a victim of a government overreach, the subject of a witch hunt, a martyr taking arrows for his supporters. Throughout the race, he used those visuals to recast political vulnerabilities as visceral symbols of toughness and power. Day after day, the Republicans flocked to the courthouse—sometimes in matching red ties—to demonstrate their fealty. And many in the GOP saw his mugshot not as a sign of wrongdoing or guilt, but as an image of strength and defiance. He used it for countless fundraising appeals and merchandising opportunities.

That wasn’t an accident. In the weeks before Trump’s own arraignment, he saw the case’s other defendants pose for unflattering booking photos that looked washed-out and weak. So Trump practiced various facial expressions, one of his advisers told me on condition of anonymity to discuss private moments. He eventually settled on a scowl, matching his first instinct. And then in the booking room, Trump told confidants later, he saw where the light was coming from and positioned his face, frowning and leaning forward, half in the shadows and half in the full glare.

Trump loved the result. And when it came time to pose for photos for the official inaugural program, he re-created it, his adviser told me. Vice President J. D. Vance’s portrait looks like most official portraits: a pleasant closed-mouth smile, plenty of light illuminating his face. Trump instead asked for an extreme close-up, like his booking photo, with his face somewhat in shadow, glaring at the audience. The photo shaved years off his 78-year-old face and projected a strongman’s toughness.

The other image that defined the 2024 campaign was captured moments after an assassin’s bullet grazed Trump’s ear during a campaign stop in Butler County, Pennsylvania. With blood from his wounded ear streaking across his face, Trump had the showman’s presence of mind to stop the Secret Service agents trying to hustle him to safety. He stood tall, pumped his fist at the roaring crowd, and yelled, “Fight, fight, fight!” It was moment of inspiration—captured in a series of instantly famous photographs—and, for Trump loyalists, perfectly showcased a political survivor.

John F. Kennedy was considered the originator of modern presidential iconography, while Reagan enhanced it. But even more than his glamorous predecessors, Trump knows that the pictures matter far more than the substance. His whole political career has been built around imagery. It was launched on the back of The Apprentice, the highly stylized version of his business career that exaggerated his success and made him America’s CEO.

After he was elected, I saw his skill at stagecraft firsthand while covering his White House. Some images he created were meant for the history books, such as when he left those of us in the press pool behind to step over the border at the DMZ and into North Korea, becoming the first U.S. president to set foot in the hermit-like nation. Others were more mundane: During an Oval Office interview ahead of the 2018 midterms, Trump stopped the questions to make sure the photographer had the most flattering lighting. He held up his hand, and issued instructions.

“Let’s make sure this looks the way it should,” Trump said, unsmiling, while directing the angle and illumination of the photos.

That same attention to the power of political imagery was on display again in Washington today, from the Capitol Rotunda to the Capitol One Arena. Moments after completing his inaugural address, Trump spoke to the overflow room and began by praising the stagecraft of the ceremony.

“It was so beautiful in there today that maybe we should do it every four years,” said Trump, who added that the Rotunda featured “the best acoustics I’ve ever heard in a room.”

He smiled at the camera.

Where Biden Turned the Battleship

The Atlantic

www.theatlantic.com › ideas › archive › 2025 › 01 › biden-antitrust-legacy › 681352

Anyone who works in government has a favorite metaphor for major policy change. Some talk about glaciers being redirected; I prefer the image of turning a battleship. The point is that it isn’t easy and may not happen at all, but if it does, the effects are lasting and hard to undo.

As Joe Biden reaches the end of his presidency, there is one area where he undeniably turned the battleship: American antitrust law and policy, also known as anti-monopoly. Having spent two years working on the project within the White House, I concede some bias. But whatever else may be remembered or forgotten about the past four years, Biden’s antitrust achievements mark a decisive moment in the history of the American anti-monopoly movement, and by extension, the nature of American capitalism.

Once a major part of American economic and political life (the 1912 presidential election centered on it), by the 21st century, antitrust law had shrunk to a shadow of its former self: a  cautious regime, rarely enforced. Coming into office four years ago, Biden saw many reasons to undertake a major reboot. The main reason was the simplest: The problems that antitrust laws were originally intended to remedy—economic imbalance, lasting market power, growing divides between rich and poor—were glaringly obvious.

The warning signs were in fact already flashing by the mid-2010s, when Barack Obama’s Council of Economic Advisers began documenting the twin problems of economic concentration and rising inequality. At the street level, Americans were (and remain) unhappy about things such as rising drug costs, the price of essential services, and other symptoms of an economy in which so many industries—hospitals, cable providers, airlines—had consolidated, in much of the country, into just a few firms. The surprise success of the 2016 Trump campaign was, in part, a manifestation of the public’s anger at the unfairness of the modern economy.

These are all issues that the antitrust laws were enacted to address. The goal of antitrust has never been to replace capitalism but to save it from itself—to promote the kind of free-market economy that serves as a decentralized and balanced engine of wealth creation. 
 
In early 2021, Biden agreed with White House staff that bold reforms were needed to complete that turn in policy begun during the later Obama administration. The president wanted to define it as a pivot away from the 1980s and Ronald Reagan, whose administration, under the influence of the legal scholar and judge Robert Bork, entrenched an approach to antitrust that largely involved ignoring the laws as written in favor of promoting a pro-corporate version of “efficiency.” As Biden put it, “Forty years ago, we chose the wrong path, in my view, following the misguided philosophy of people like Robert Bork, and pulled back on enforcing laws to promote competition.” The experiment, Biden said, had run its course, and he announced, through executive order, a return to the older antitrust model championed by the Roosevelts—Presidents Theodore and Franklin D., both of whom saw antitrust as key to balancing economic power.

The first step of this plan was appointing officials—Jonathan Kanter at the Department of Justice and Lina Khan at the Federal Trade Commission—who were deeply committed to the antitrust revival and to enforcing the laws as intended by Congress. Those appointments resurrected the tradition of the “trustbuster”—government enforcers who are genuine adversaries of monopoly.  For Kanter and Khan, earning the enmity of the Chamber of Commerce has been a badge of honor.

Khan and Kanter rebooted the Rooseveltian tradition of bringing “big” cases (a rarity since the Clinton administration’s case against Microsoft’s monopoly). Big cases have structural ambitions: They seek to shake up an industry, whether by attacking a monopoly or blocking a merger that threatens to create one. To the surprise of many detractors, Kanter and Khan brought and won a string of these cases, including a major monopoly suit against Google (originally filed by the Trump administration) and successful challenges to major mergers by airlines (the first such legal victory ever), pharmaceutical companies, grocery giants, and publishing houses.

As in baseball, swinging for the fences risks big losses, and many critics predicted that the campaign would be rejected wholesale by courts. Kanter and Khan decided to take the chance, based on the theory that an agency unwilling to risk any losses earns a place in the “chickenshit club.” By the end, they had taken both big losses and big wins—but, when added up, there were more of the latter. In all but a few cases, the courts, even in conservative districts, have tended to accept the approach of enforcing the law as written. In merger cases, the agencies won more than 30 challenges (including many mergers that were abandoned when challenged, without going to trial), and the anti-monopoly ruling against Google is the most significant such victory in decades.

Meanwhile, back at the White House, we sought to push the antitrust revival forward by enlisting more parts of the government in the effort, borrowing from similar ideas undertaken by FDR and Obama. We set up something new: a competition council inside the White House, chaired by the president, designed to push agencies to do what they could to fight imbalances in the economy.

The first real test for our White House–driven effort was hearing aids. The president in 2021 tasked the Department of Health and Human Services with writing a rule that would allow hearing devices to be sold over the counter to treat mild to moderate hearing loss. At the time, despite years of pressure and even congressional action, hearing aids remained available by prescription only, reducing available options and allowing manufacturers to keep prices artificially high. This naturally slowed uptake among the millions of Americans with compromised hearing. Today, thanks to the administration’s efforts, there’s a healthy market for over-the-counter hearing aids. The comparative ease of market entry was illustrated most recently by Apple’s decision to include a hearing-aid function in its new AirPods Pro.

A second White House effort centered on “junk fees,” those annoying additions that make prices unclear, interfere with competitive markets, and infuriate nearly everyone. The Consumer Financial Protection Bureau, headed by Rohit Chopra, took the lead with a rule cracking down on junky banking and credit-card fees, which are expected to save Americans billions of dollars in random charges.

Four years of organized action, involving the sustained labor of a lot of people, have put antitrust and competition policy on a different course. That new course is, I would submit, more broadly in line with what Americans believe in: an economy in which monopoly is prevented or fought, not tolerated or encouraged. It has upset those who preferred the more laissez-faire approach of the previous 40 years, yet there is strong reason to doubt that a more monopolized economy has been good for our nation.  

Will the Trump administration reverse all that was done, dismissing the ongoing cases and returning things to the way they once were? No doubt many people, including some of Trump’s wealthier supporters, would relish a nullification of the law and a merger bonanza. But a party centered on economic grievance and the working class runs serious political risks if it promotes the monopolization of the economy at the expense of its voting base.

Antitrust law has never been partisan. Republican presidents, including Theodore Roosevelt, Richard Nixon, and Trump himself, commenced many of its biggest cases; it was the Reagan administration, despite its broader anti-enforcement shift, that ultimately broke up AT&T. Many outsiders seem to wrongly assume that incoming President Trump will be personally involved in assessing every merger. The fact is that the turn toward a tougher antitrust regime better reflects where the public is: No broad constituency wants more monopolies or higher prices for life’s necessities.

As politicians and historians know, but as many can forget, there is a fundamental difference between political and policy cycles. The politics of our moment are divided and subject to frequent reversals of fortune. But policy is a longer game, and since the Great Recession, there has been an undeniable shift toward questioning the wisdom of laissez-faire capitalism, globalization, and other neoliberal tenets from the 1980s and ’90s. However divided our politics may be, there is consensus that the economy should be fairer and its returns shared by more people. That is why the rehabilitation of antitrust will likely be a lasting legacy of the Biden administration.

Maybe It Was Never About the Factory Jobs

The Atlantic

www.theatlantic.com › ideas › archive › 2025 › 01 › biden-economic-populism-failure › 681289

If there was any place in America where President Joe Biden’s economic agenda ought to have won him votes, it would have been Lordstown, Ohio. A September CNN article noted that, thanks to Biden’s Inflation Reduction Act, “a gleaming new 2.8 million-square-foot manufacturing plant symbolizes something that has been fleeting in recent years: hope.” Biden was bringing well-paid union jobs in the cutting-edge battery industry to a struggling region long written off as the Rust Belt.

But if Biden was expecting the community to reward his efforts, he was sorely disappointed. In 2024, the county in which Lordstown is located shifted toward Trump by six percentage points compared with 2020, the second-highest swing to Trump of any county in the state.

Lordstown offers a test case of a political theory that has not only guided the Biden administration’s economic policy but also sought to explain the past several decades of American politics. The theory holds that Donald Trump’s 2016 election represented a voter backlash against “neoliberal” economic policies that had impoverished people in the heartland, who in their desperation turned to a populist outsider promising to smash the system that had betrayed them.

From this analysis, it naturally followed that if Democrats abandoned neoliberalism, they could win back the working class and become competitive in more of the country. A post-neoliberal party would curtail free trade, ratchet up enforcement of antitrust and other regulations, run a high-pressure economy with rising wages even at the risk of higher inflation, support labor unions categorically, and subsidize manufacturing employment to reindustrialize hollowed-out areas left behind by globalization—all of which Biden ended up doing.

On the substance, Biden’s economic agenda has registered some meaningful successes. The hot labor market raised wages; union organizers at a handful of companies, such as Starbucks and Amazon, have made breakthroughs; and the administration’s public investments in chip production and green energy have built up strategic domestic industries. As a political strategy, however, post-neoliberalism has clearly failed. Biden’s popularity dropped to catastrophic levels in his first year and never recovered, leaving his successor, Vice President Kamala Harris, unable to escape his gravitational pull. If rejecting neoliberalism for four years did nothing to pull working-class voters away from Trump, perhaps Trumpism was never a revolt against neoliberalism in the first place.

Some Democrats have responded to the disaster of 2024 by insisting that the way forward for the party is to keep doing what Biden did, but louder and more insistently. In fact, Trump’s reelection ought to call into question the whole foundation upon which the strategy was constructed.

People tend to believe that events with profound consequences must have profound sources. The shock of Trump’s 2016 victory led many Democrats to search for an origin story that matched the scope of such a traumatic outcome. A belief took hold, especially on the party’s economic left wing, that working-class voters had revolted against an economic order perpetuated by Democrats and Republicans alike. In this telling, every president since at least Ronald Reagan had governed in the service of corporations and wealthy elites, at the expense of ordinary Americans and “left behind” places. After all, Trump had pulled off his surprise Rust Belt sweep while denouncing free-trade deals and intermittently posing as an enemy of Wall Street. Defeating him would consequently require reestablishing a full-fledged populist program rather than the warmed-over variety of the Clinton and Obama years.

This theory always contained fatal flaws. The Democrats had maintained a coalition divided between business and labor since Franklin D. Roosevelt—who also established the modern free-trade order. The recent versions of the two parties did narrowly agree on a handful of policies, including the virtues of globalization, but starting with the Reagan era, they had grown more divided, not more united, on economics. Barack Obama had bailed out the auto industry, regulated Wall Street, and redistributed hundreds of billions of dollars from the rich to the poor. Even Bill Clinton had engaged in bitter showdowns over taxes and spending. The notion that Clinton and Newt Gingrich, or Obama and Paul Ryan, were partners with a shared ideology that could be usefully defined by a single term ignores almost everything that happened during these years. It is a measure of the incoherence of “neoliberalism” that the term can be, and has been, applied as an epithet to almost anything: Paul Krugman, Ta-Nehisi Coates, public-employee unions, Beatles fandom.

[John McWhorter: When people were proud to call themselves ‘neoliberal’]

What’s more, the 2016 election’s shocking outcome can be adequately explained by any one of a number of perfectly mundane causes: Hillary Clinton’s drawbacks as a politician, Democrats’ leftward moves on social policy, the difficulty that incumbent parties have winning a third straight term, the mainstream media’s fixation with the email scandal, James Comey’s last-minute intervention to reopen the FBI investigation into it.

Still, the narrative that neoliberalism was to blame took hold widely—including, most fatefully, during the Biden administration. Even though Biden had served as Obama’s vice president, and won the nomination in large part because Democratic voters looked back on that partnership with fondness, he filled his administration with staffers who believed that Obama and Bill Clinton had failed the working class. The administration’s policies accordingly departed in ways that those post-neoliberal theorists deemed especially important. Biden supported organized labor almost unconditionally, even in policy areas that conflicted with other liberal priorities; pulled back on unfettered free trade; gave policy-making roles to lawyers over economists; and appointed crusading reformers to the top antitrust-enforcement positions. Perhaps most important, the administration saw its subsidies for green energy and chip manufacturing not merely as targeted responses to market failures but as the core of a new industrial policy that would restore prosperity to large swaths of America.

Triumphant headlines such as “Biden Is Getting Ready to Bury Neoliberalism” and “Why Neoliberalism Is Finally on the Way Out” celebrated the populist left’s newfound influence. “The Biden administration has explicitly disavowed all aspects of neoliberalism, including the assumptions about free trade and the alleged efficiency of outsourcing, the lack of support for trade unions, and the bipartisan contempt for industrial policy,” Robert Kuttner wrote in The American Prospect in 2023.

As recently as this past fall, the Biden administration and many of its supporters continued to insist that his post-neoliberal policies constituted a genuine revolution in American politics and economic life—a return to the Democratic Party’s New Deal–era identity as the champion of the working class.

That conviction helps explain why Biden felt entitled to a second term and why, once he finally abandoned his candidacy, he chose to pass the baton to his vice president rather than an outsider who could more credibly distance themselves from his politically toxic record. “I think one of the arguments that get made, you have the most successful presidency of any president in modern history, maybe since Franklin Roosevelt,” he said last July, by way of explaining his reluctance to drop out of the race after his disastrous debate performance.

This belief also explains why much of the party’s left wing—including Bernie Sanders, Ilhan Omar, and Ro Khanna—lined up behind him, even as members of the party’s centrist wing fought to replace him as the candidate. “He’s been the best president of my lifetime, and we have his back,” Omar told The Washington Post. One of Biden’s final gambits to retain the nomination was a vow, apparently influenced by Sanders, to expand Social Security benefits and eliminate medical debt during the first 100 days of his second term—as if pushing the “Populist” button even harder would finally cause the public to wake up and realize all the positive change that Biden had wrought.

In reality, Biden presided over the most unpopular Democratic presidency since Jimmy Carter’s. In November, working-class voters of all races, the very constituency that Biden’s anti-neoliberal turn was supposed to court, deserted the party. Perhaps hoping for Roosevelt-size majorities was a bit ambitious, but Biden’s sweeping, historic changes ought to have had at least some positive directional impact for the party. Unless, that is, the post-neoliberal theory of politics was wrong all along.

Rather than considering that possibility, however, many of the post-neoliberals have strained to explain why the theory is still sound despite its apparent real-world failure. These explanations fall into a few main categories. Some leftists have tried to pin the blame for the election result on Harris’s decision to run toward the center once she became the nominee. Harris did embrace a more overtly moderate message than Biden, and gave less attention to his populist economic themes. But Harris performed better in swing states, where voters were inundated with her campaign messages, than she did in the rest of the country. This strongly suggests that Biden’s record was pulling her down, and that her centrist campaign themes made her more popular, not less.

Another defense holds that Biden’s successful policies simply haven’t produced political rewards yet. “The 40-year damage of neoliberalism to the living standards and life horizons of working Americans was so profound that three years of modest improvement was far from FDR-style transformation,” Kuttner argued in a postelection Prospect essay. “Many of Biden’s initiatives will take many years to bear fruit.” The outgoing president has sounded a similar note. “It will take years to see the full effects in terms of new jobs and new investments all around the country, but we have planted the seeds that are making this happen,” he recently argued in a Prospect essay under his name.

It’s true that most of the spending in Biden’s major infrastructure laws is still in the pipeline. But these delays are themselves a result of Biden’s post-neoliberal ideology, which insisted on attaching a long list of social criteria to its projects, while failing to enact legislation to speed up the permitting process. In any case, industrial policy is just one piece of Biden’s allegedly transformational agenda. Other elements—including on trade, labor, and fiscal policy—have taken immediate effect. None of these actions has shown any sign of helping Biden politically. The president’s stream of actions to forgive student debt did not produce higher support among young voters, his unwavering deference to labor unions did not yield more support among union members, and so on.

[Rogé Karma: Reaganomics is on its last legs]

And although many of the administration’s infrastructure investments remain stuck in the planning stage, some of them, such as the new Lordstown factory, have come online, bringing jobs with them. These projects offer localized mini tests of the hypothesis that delivering concrete benefits will lead to political support.

In an October story for The New Yorker, Nicholas Lemann described visits to five places on the receiving end of Biden-enabled investment: Fort Valley, Georgia; Menominee, Michigan; Kokomo; Indiana, and Manitowoc and Milwaukee, in Wisconsin. “If you squint, you can see the outlines of a new post-neoliberal Democratic coalition,” he wrote. “Fast-growing clean-energy industries—wind, solar, batteries, hydrogen, electric vehicles—could join Hollywood and Silicon Valley in supporting the Democratic Party.”

In fact, every one of the counties Lemann visited wound up voting for Trump at a higher level in 2024 than it had four years earlier.

The pro-Trump swings were small, ranging from 0.1 percent to 3.5 percent—well below the national average. One could spin this as evidence that Biden’s domestic build-out had brought some marginal benefits—fractional gains concentrated in areas that were chosen as the staging grounds for gigantic national expenditures. But we are talking about small local shifts, obtained via many billions of dollars of federal investment. That is not a scalable national strategy.

Biden’s defenders also insist that his otherwise winning policies were simply overwhelmed by the headwinds of inflation, which felled incumbent parties around the world last year. But letting down your guard against inflation is, in fact, a key tenet of post-neoliberal doctrine. A 2020 strategy memo from the Hewlett Foundation, a major proponent and funder of post-neoliberal thinking, argued, “If economic developments over the past decade show anything, it is that there is greater headroom for spending without causing undue inflation,” and that the task was to focus on bringing down unemployment “without worrying about inflation quite so frantically.”

Supporters of Biden’s ambitious spending—I was one of them—were clear that events would prove out this doctrine’s soundness, or lack thereof. “If there were any doubt that Joe Biden’s economic proposals represent a big break with the policies of the Obama and Clinton Administrations, the debate about Biden’s $1.9 trillion COVID-19 relief plan dispelled it,” The New Yorker’s John Cassidy wrote in February 2021. “The only definitive way to find out whether the inflation threat is real or chimerical is to pass the $1.9 trillion package and see what happens.”

Inflation was always going to be a problem that Biden had to deal with. He dealt with it less effectively because the post-neoliberal argument that inflation either wouldn’t rise, wouldn’t last, or wouldn’t matter politically carried the day. Ignoring fears about inflation was a sound policy choice before the pandemic-induced price spike, but a dogmatic one after it. Biden’s inability to alter his course was a direct consequence of the ideological rigidity that his advisers embraced.

Finally, there’s the excuse that Biden’s policies would have been popular if only he hadn’t been too old and inarticulate to sell them properly to the public. “Biden wasn’t up to the kind of explanatory duties that the presidency requires—much less a presidency that was advancing landmark economic policies to benefit workers and consumers,” The American Prospect’s Harold Meyerson wrote. Democratic Senator Chris Murphy has made a similar argument. “One of my frustrations is that President Biden and Vice-President Harris didn’t lead their economic messaging by talking about their break with neoliberalism,” he told New York magazine shortly after the election. “So the policy was really good. I just don’t think the rhetoric always matched the policy.”

[Chris Murphy: The wreckage of neoliberalism]

A great deal of evidence from political science suggests that presidential rhetoric has little ability to change public opinion, so the expectation that better speeches would have led to dramatically different outcomes is far-fetched. Even if that were not the case, the emphasis from post-neoliberals on rhetoric as a driving force of history is deeply strange. The whole point of their theory was to explain Trump’s rise as a proletarian revolt against neoliberal immiseration. Now that neoliberalism has supposedly been overthrown, we’re told that the crucial dialectical stage was for the president to deliver West Wing–quality inspirational speeches? What kind of materialism is this?

The theory that Trump’s popularity was a reaction against neoliberalism had an irresistible attraction to progressive elites. For the labor movement and other parts of the economic left, it supplied a political rationale for policies they’d long supported. For social-issue progressives, it implied that they had no need to compromise with the socially conservative positions held by working-class voters; all Democrats needed to do was address people’s “real” material concerns.

Public policy, of course, is not just about winning elections; it’s about improving people’s lives. Some of the policies Biden implemented are worth preserving on the merits. The blue-collar workers of Lordstown may well be in a better position than they were four years ago. But the electorate’s diffidence in the face of these measures is bracing. The notion that there is a populist economic formula to reversing the rightward drift of the working class has been tried, and, as clearly as these things can be proved by real-world experimentation, it has failed. It turns out there’s more to popularity than populism.