The Conservative Path Forward in the Biden-Harris Era

There is plenty to lament right now. But conservatives’ time and energy would be better spent thinking ahead and plotting a future—one that, in all likelihood, can still be salvaged.

The presidency of Joseph R. Biden Jr., a thoroughly mediocre and gaffe-prone career politician in the throes of debilitating senescence, has commenced. It has done so with disingenuous paeans to unity, thinly veiled swipes at his “deplorable” political foes and an immediate executive action-driven assault on his predecessor’s legacy—from the environment to immigration to religious liberty—that is simply breathtaking in its scope.

Worse, the Biden-Harris regime has taken power as America’s myriad corporate bastions, led by Big Tech, dutifully promise to punish dissenters to the regime’s enforced monolithic orthodoxy.

For conservatives, it could get ugly out there as we spend our near-term future in political exile. And this is before even considering the possibility that the U.S. Senate, now under de facto Democratic leadership, may well ditch the legislative filibuster, opening up a Pandora’s box of power-grab possibilities that could irrevocably transform the republic—chiefly, “packing” the Supreme Court and lower courts, and statehood for Puerto Rico and the District of Columbia.

At first blush, it is difficult to sugarcoat such a would-be dystopia. There is, it seems, no limit to what a Democratic-controlled House-Senate-White House trifecta might be able to accomplish. But the reality, once we step back and soberly assess our predicament, is more nuanced; there is a path forward for a conservative revival by the time of either the 2022 midterm elections or the 2024 presidential election.

In terms of the federal government, conservatives still nominally control the Supreme Court and, post-Trump, the majority of the crucial circuit courts of appeals. Democrats may try to “pack” these courts if they nuke the filibuster, but unless and until they do so, the judiciary—however unreliable Republican-nominated judges often are—will still often redound to conservatives’ interests and forestall much of the Biden Administration’s worst impulses. It is thus incumbent upon well-positioned bastions of conservative legal clout, centered around Texas’s Office of the Solicitor General, to aggressively litigate and seek recourse in the courts.

In terms of state governments, Republicans still retain a majority (30) of unified state legislatures. Indeed, nearly half of all states (23) have both a Republican governor and a unified Republican state legislature. These red states can and ought to serve as hubs for conservatives’ own quasi-“resistance” over the next four years.

Conservatives must do the hard work of actually building up the digital and corporate infrastructure to push back in earnest against Big Tech, “woke” capital, and the broader “cancel culture” threat to the American way of life…..

*****

Continue reading at American Greatness. This article was originally published on January 21, 2021.

Josh Hammer is the opinion editor of Newsweek. A popular conservative commentator, he is of counsel at First Liberty Institute and a syndicated columnist through Creators. A frequent pundit on political, legal and cultural issues, Hammer is a constitutional attorney by training. He is a former John Marshall Fellow of the Claremont Institute and was a law clerk for Senator Mike Lee (R-Utah).

Carlsbad, California Says No More Lockdowns. May It Be A National Model!

“I’m not willing to give up without a fight — I’m just not.” – Annie Rammel, Carlsbad, CA restaurant owner.

It’s been said off and on over the decades that California is a bellwether of sorts. What happens there is a preview of what’s going to happen elsewhere in the U.S.

In the late 1970s the passage of Proposition 13 foretold a national tax revolt. Californians used a referendum to limit the tax power of grasping politicians in the Golden State, and the pushback eventually went national.

A different, more local revolt began last weekend in Carlsbad, CA, a town just north of San Diego. Its restaurant and bar owners decided they’re weren’t going to take it anymore. They’re no longer going to allow witless politicians to destroy what they’ve worked so long to build. They’re going to open their businesses to eager customers.

Some will ask what California legislators right up to Governor Gavin Newsom will say. Ideally the mini-revolt will wake these sick people up to the extraordinary damage they’re doing, but if not it’s worth reminding everyone that the very individuals in government who are presently limiting your right to work, operate your business, and live your life as you desire, used to not be in government. Some even used to have regular jobs in the private sector. The main thing is that they’re not experts on medical matters, nor are they abnormally smart. They just happen to be good at politics. They’re in no position to tell us how to live, or operate our businesses, or whether or not we should have a job to go to. They’re just people who want power, prestige and money, only they want it the easy way.

This is worth remembering as businesses, jobs and life as we know it vanish thanks to politicians imposing their force on us. Why allow them to do that? People should be free to do as they wish with their property. Period. This includes Twitter and Facebook if they choose to censor comments and commenters. If Amazon chooses to not do business with certain people or companies, that’s its right. If bakers choose not to bake cakes for events that offend their personal morality, that’s their right. Business owners who want to meet the needs of willing customers while a virus is spreading should be free to open up as they see fit.

Interesting and happy about scenic, seaside Carlsbad is that in a state that is largely locked down, in a state where most restaurants can’t even serve customers outside, Carlsbad is open. Its restaurants and bars are open outdoors and indoors. Some of the bars are packed. Please learn more about this happy story of protest against what is ridiculous. Please support it.

Of course, the owners of the bars and restaurants in OPEN (!!!!!) Carlsbad are far more diplomatic than yours truly. They’re calling their exercise of their property rights a “peaceful protest.” And peaceful it is. Nothing could be more peaceful than operating a business that can only succeed insofar as its patrons are pleased for having patronized it, only to come back over and over again.

Furthermore, the protest is one lodged under desperate circumstances. These businesses can’t not be open. If they remain shuttered by decree, or limited in their ability to serve their customers by decree, they will close for good. Though some business owners may have political leanings, this is not political. It’s about survival, and it’s something all who consider themselves decent should cheer. This includes those who’ve not been out in public or inside a public venue since March. Freedom is its own virtue.

Arguably the most important supporters of the beautiful story unfolding in Carlsbad would be other business owners. They must open if they feel inclined to re-open. The simple truth is that the power-mad can’t arrest everyone. If restaurants and bars open en masse in California, New York, Illinois, New Jersey, and every other city and state overseen by authoritarians, what can the authorities do? There aren’t enough jails and handcuffs, and there aren’t enough guns to subdue a mass, nationwide, owner, employee and customer protest against a tragic lapse of reason.

Crucial about what’s happening in Carlsbad, and that should happen everywhere, is that there’s nothing violent about it. It’s much more than just a “peaceful protest.” It’s reasonable. It’s common sense. It’s businesses, workers, and customers exercising their right to operate, work, and live as they want. They’re not forcing their values on others. Businesses that choose to stay closed should do just that. Worried employees should stay home. The people fearful of the virus should similarly stay home.

For the rest of us who feel inclined to resume living, it’s time for us to do that. Again, those who are sickeningly intoxicated with power can’t incarcerate us all. As for the businesses terrorized by the political class in Carlsbad, they decided they no longer have any choice. Given the choice between going out of business and defying politicians, they chose the latter. Good for them.

Let’s again support what’s happening in Carslbad, including purchasing gift certificates from its restaurants and bars. Let’s also emulate them. May Carlsbad be a national model!

*****

John Tamny is editor of Real Clear Markets.  This article was published on January 22, 2021 by The American Institute of Economic Research,  AIER and is reproduced with permission.

The 2020 Election Aftermath Is Not At All Unprecedented In U.S. History

The presidential election was close. Only 84 Electoral College votes separated the contenders. Widespread allegations of ballot fraud were claimed by national party chairmen in 11 states, with court challenges lasting into the middle of the year following the election. Changing the results in just two states would flip the election.

The fraud allegations were serious, including dead people voting and votes far in excess of registered voters in some counties. Yet partisan election boards quickly certified the results while local judges, loyal to the political machines that installed them, threw out legal challenges. Eventually, 650 people were charged with election fraud, but only three were convicted, all given short sentences.

No, this isn’t a story about 2020. It’s a story of 1960. U.S. Sen. John F. Kennedy defeated two-term Vice President Richard Nixon in the 1960 presidential election by 303 to 219 electoral votes (with 15 ballots going to Sen. Harry F. Byrd). Nixon “lost” Illinois by 8,858 votes and Texas by 46,257. Had those two narrow losses been overturned, Nixon would have won and America might not have fought and lost the Vietnam War.

Since 1960, a myth has grown up around Nixon: that as a statesman, he decided not to challenge the results so as not to divide the nation. Even so, the Republican National Committee contested the results in the courts until mid-1961.

It was more likely that Nixon knew there was no practical path to overturning the results, clear evidence of fraud or not. That Nixon played the statesman was a convenient myth for all parties involved.

IT WASN’T JUST 1960 OR 2020

The election of 1876 was even more contentious, with Congress exercising its constitutional role as an arbiter of competing electoral slates sent by the states. Then, as now, the national climate was unsettled. The victorious North was weary of maintaining a standing army in the South.

In the years after the Civil War, some 1,500 black office holders, most recently freed slaves, were elected or appointed, mostly in the South. They held federal and state offices in all 11 of the states that constituted the core of the Confederacy. President Grant won reelection in 1872, prevailing in all but three of the 11 states of the old Confederacy—Georgia, Tennessee, and Texas—with the votes of black Republicans.

But four years later, as federal troops were being drawn down, the Ku Klux Klan emerged as a terrorist tool of the Democratic Party, driving black Republicans out of office and voters away from the polls. When combined with poll taxes that charged the equivalent of about $20 for the right to vote, literacy tests, and official intimidation, large numbers of black Republicans were prevented from voting.

There was still a viable Republican Party apparatus in Florida, Louisiana, and South Carolina to claim victory, although the Democrats also forwarded competing slates of electors backed by a Democrat winning the governorship in Florida, with two disputed gubernatorial elections in Louisiana and South Carolina that saw the Democratic candidates installed after the presidential electors were assigned to Rutherford B. Hayes.

In the end, rather than risk losing a messy battle over the competing electoral slates, Republicans struck a devil’s bargain, formally agreeing to end Reconstruction in exchange for the presidency. Mechanically, the constitutional crisis was resolved through a bipartisan Electoral Commission, as the Constitution is silent on exactly how Electoral College disputes should be settled.

This constitutional silence appears to be a major oversight. The Founders, skeptical of politicians wielding power at the expense of the people’s liberty, set up a system of divided government—three national, co-equal branches along with the states—in a federal system.

Given that most of the Founders’ concern over the erosion of liberty was aimed at the national government, there was little direction given over how the electors were to be selected beyond three paragraphs in Article II, Section 1. Simply put, these paragraphs specify that state legislatures determine the manner of the electors’ appointment and that Congress determines both the election day and the day the electors vote.

Absent in this process is any sort of a check on the states. What if a state’s electoral system is corrupted? What if big city or regional political machines shift the election outcome, as was alleged in 1960 and 1876?

COURTS WON’T DO IT, THAT’S FOR SURE

The courts have proven to be a notoriously ineffective check against election fraud. Prior to an election, when much of the advance work needed to cheat is accomplished, the courts will generally find a lack of standing, as no harm has yet been done. After a corrupted election, courts will shrug and say the point is moot—the election is already over. As with impeachment, the question appears to be political.

Two relevant lawsuits in the 2020 contest illustrate this principle. Texas filed a lawsuit challenging the election results in Georgia, Pennsylvania, Michigan, and Wisconsin as being tainted by sidestepping state election laws. The U.S. Supreme Court threw out the case, merely stating that, “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

The second lawsuit was brought in Pennsylvania, where it was contended that a statute, 2019’s Act 77, allowing a huge expansion in mail-in voting, violated the state’s constitution. After the state supreme court rejected the argument more on process than substance, the U.S. Supreme Court refused to hear the case.

This leads to a pressing concern. How can illegalities reasonably be proved in the 79 days from Election Day to Inauguration Day—or, more urgently, the 35 days to Dec. 8, the “Safe Harbor” deadline for resolving any controversies over electors and electoral votes? Proving election-changing fraud in a mere five weeks, typically in the face of a state political apparatus that is loath to admit error or fraud or, worse yet, was an active participant in it, is difficult at best and, in a practical sense, impossible.

THERE ARE TYPICALLY TWO OPTIONS

With courts unwilling to accept cases, the typical processes to validate an election come down to two means: recounts and audits. Recounts will, in most cases, simply recount any fraudulent votes and, on occasion, uncover genuine errors or simple attempts at cheating by transposing election returns, hiding ballot boxes, or counting some precincts twice. Audits, routinely done in many states, are a tool to validate that computerized machine counts match with any sort of paper backup the system may use.

Neither audits nor recounts will uncover traditional types of fraud such as aggressive harvesting of mail-in ballots, including from the deceased, those living under a guardianship due to mental incapacity, or people subject to pressure or inducements, such as small amounts of cash or access to a food pantry run by those connected to the local political machine.

We know that election fraud does occur in America, contrary to the repeated claims by Democrats and their allies in corporate and social media. In 2020, in New Jersey’s third-largest city, Paterson, new municipal elections were ordered after massive and systemic vote-by-mail fraud was uncovered. A councilman, councilman-elect, and two others were charged with voting fraud. Also, in 2020 in nearby Philadelphia, former Democratic congressman Michael “Ozzie” Myers was charged with ballot-box stuffing over three years of elections, 2014, 2015, and 2016 by conspiring with and bribing a judge of elections.

We all saw the alarming and suspicious behavior of elections officials in Philadelphia, Atlanta, Phoenix, Las Vegas, and other areas where election observers were blocked or held back so far they were unable to monitor the counting, or were told to go home as counting was done for the night. COVID-19 also provided the excuse that people who stood in line to grocery shop could also not safely stand in line to vote—thus necessitating what was, in many swing states, a massive expansion in by-mail voting with a concurrent relaxing of safeguards, such as signature matching, designed to minimize fraud.

The opportunities for systemic cheating had never been greater in 60 years. The relevant legal question is, was it enough to change the election results? The practical question is, could election-changing fraud be proven in only 35 days?

POLITICAL MACHINES USE THEIR POWER TO WIN

Imagine if a well-placed elections official in Philadelphia came forward and admitted to significant election fraud and provided corroborating evidence. Would the Pennsylvania Supreme Court, a Democrat-majority body thoroughly in the thrall of partisan politics, have acted? Would the Democrat governor or Democrat secretary of state have acted?

The legislature might have acted, but any electoral slate they put forward would have been superseded by the slate certified by the governor. Congress might have acted, but, at best, would have deadlocked, meaning the governor’s certified slate would prevail.

The aftermath of the 2020 election finds the nation unsettled, with legitimate concerns about election fraud overshadowed by the capitol riot and kooky conspiracy theories, such as the tale that U.S. Special Forces were killed in an operation to seize election-related computer servers operated by the CIA in Germany, where the agency was working to change votes from Donald Trump to Joe Biden.

The original source of the rumor was said to be a tweet in German. The translated tweet was rapidly picked up and circulated by QAnon, an informal grouping of conspiracy theorists. It’s probable the tweet was crafted by Russian or Chinese intelligence services with the express intent to increase distrust in U.S. institutions. At the very least, the unfounded rumor distracted from real efforts to uncover and prove election fraud.

Regarding the reprehensible riot at the Capitol on Jan. 6: had the declared election winner been reversed, there’s no doubt the scale of the violence would have been far greater, while the media and elites would have supported it, as they did over last summer’s long season of discontent.

HR 1 has been reintroduced in the U.S. House. 2019’s version passed the House and never received a vote in the Senate. It seeks to cement Democrat dominance of national elections by instituting a national voter registration program, making Election Day a federal holiday, requiring prepaid postage for mail-in ballots, criminalizing some forms of political speech, removing the power to redistrict from state legislatures, and eliminating the ability of state officials to maintain accurate and up-to-date voter lists.

Winning elections with fraud may be easy enough, but governing a people with vanishing trust in the system will be increasingly difficult. The nation would benefit from a thorough and honest review of the 2020 election—but it almost surely won’t happen.

*****

This article first appeared in The Federalist on January 12, 2021 and is reproduced with permission.

Watch Out for the Verbal Jujitsu

It is hard to remember a similar time when political intimidation was at this kind of frenzy.

Probably the most similar period was right after the assassination of President Kennedy. Those old enough to remember recall that immediately after the shooting, the media called Dallas a city of “hate.”

Kennedy was killed in the city, but the connection was less than thin. A retired general (Edwin Walker) lived in the area had criticized our young President extensively, but ironically the same man that shot Kennedy attempted earlier to kill the general.

Conservatives had created a “climate of hate”, the media told us, that somehow was responsible for the murder of our President. We were all complicit in his killing.

It was a difficult time to have been a critic of Kennedy. Collective guilt is technique used by many historical bad actors.

Kennedy had been in for some criticism after the bungled Bay of Pigs invasion, especially after he had his CIA trained Cuban exile army land on the beaches and then he inexplicably withdrew their promised air cover.

They were all killed or captured. It was a mess.

Anyone who disagreed with Kennedy (who in retrospect looks more like a Conservative today) was pinned with creating an “atmosphere of hate” and thus connected to the assassination.

The Democrats and media leveraged the tragedy with the argument that you should accept our agenda to make amends for your complicity in his murder. It worked wonderfully for them.

James Pierson wrote an interesting book on the period a few years ago called Camelot and the Cultural Revolution that goes into this period with detail and novel analysis. It is highly recommended.

It was one of the great executions of verbal jujitsu ever pulled off. The reason was Kennedy was killed by Communist Lee Harvey Oswald, but blame was placed on Conservatives because of their thought.

A little context for the younger folks. America had fought a war in Korea with Communists and was fighting again in Viet Nam. The country had been heavily penetrated by Communists in cabinet offices, the White House and Hollywood. Domestic American Communists had stolen the atom bomb technology and given it to the Soviets, the enemy. Given these facts, you would have thought the public would be enraged with all things Communist but instead they turned against their Conservative neighbors who had nothing to do with the killing. That was largely because the media and the Kennedy family directed them to do so.

Yes, there are a host of other theories that question whether Oswald was the killer and we will not get into them here.

The very liberal and anti-Trump author Vincent Bugliosi, who is best known for Helter Skelter, his book on the Manson murders, did an exhaustive study of all the Kennedy assassination theories in his massive Reclaiming History. It took twenty years to write and runs over 1,500 pages. After reading the book, it is undeniable that Oswald was the shooter, although he may have been involved with others.

After you read the book, then you are qualified to argue about it, not before.

That aside, the point is at the height of the Cold War with Communism, the anti-communists got smeared by Jaqueline Kennedy, Chief Justice Earl Warren and a host of powerful Democrat liberals of the day even though it was a Communist who killed the President.

Instead of looking into Communist activities in the nation, the press and the Democrats led the attack against innocent Conservatives and yes, gun owners.

Oswald had purchased his Italian military rifle by mail order.

Let’s fast-forward to January 6, 2021. At this point in history, we don’t know who was behind all of the difficulties at the U.S. Capitol building. Almost always, early press reports are wrong.

As far as the Capitol “riot” is concerned, all guilty parties should be punished regardless of motive or political affiliation. But rhetoric does not “cause” law breaking.

It appears at this time to be a combination of some Trump supporters and some Leftist agitators, and frankly, some people who appear just plain nuts. But what were leftists doing at a Trump rally? Will we ever find out?

Hundreds of thousands of people attended the rally and went back to their hotels peacefully only to find out on TV what had happened. And millions of other Republicans sat at home with their heads in their hands having absolutely nothing to do with this travesty.

It also appears the attack on the Capitol started a full half-hour before the end of the President’s speech and his invitation to peacefully demonstrate at that location. Strange videos show the Capitol police inviting people in and taking down barricades. It is odd, to say the least.

The fact that we don’t know what actually occurred allows a lot of things to be made up and unfounded accusations to be made.

The two events are not the same, I quite agree. But, like after the Kennedy assassination, the Democrats and media are using the trauma of this event to discredit and impugn all of the ideas of a large swath of Conservatives and conservative thinking.

Instead of arguing the merits of policy they want to mobilize public hysteria to shame and accuse anyone who disagrees as an “insurrectionist.” This includes Congressional members acting under Constitutional procedure to question election results.

This, mind you, after the left has murdered the President in Broadway Plays, “comedians” have severed his head, and more importantly, they endorsed the Marxist Black Lives Matter and (very fascist) Antifa organizations that sacked American cities all summer. Even President Biden said he personally wanted to beat up Trump. Gee, does that not create an “atmosphere of hate”?

Speaker of the House Pelosi actually stated publicly that she wondered why there had not been an insurrection against the Trump Administration.

Here are the two jujitsu moves:  1. Trump is illegitimate and it is patriotic to say so (the ‘”resistance”) but to question Biden’s election is insurrection.  2. Questioning election results are “insurrectionist” while actually committing voter fraud is OK.

Excuse me, didn’t the hallowed Stacy Abrams spend the last couple of years questioning election results? Her affiliation with Black Lives Matter may make her an insurrectionist but questioning the election results does not.

Democrats have been more than questioning the legitimacy of Donald Trump. They used foreign agents, enemy intelligence and the security apparatus of the Federal Government to impeach a President. All while lying to the FISA courts.

Talk about attacking the citadel of democracy!

The investigation into election results is independent of the capitol invasion. After the strange flipping of California House seats in 2018 using ballot harvesting the whole process has cried out for an investigation for some time.

If the Arizona Senate wants to look into election irregularities, that IS the patriotic thing to do because Fair Elections Matter. Ignoring the problems only spreads further the corrosive disbelief among about half the population that the election was stolen.

Democrats are desperate to have the issue of election fraud go away and if they can use this tragedy to force it they will.

Well, the flak is heaviest when you are over the target. Republicans need to investigate.

Let law enforcement and the courts apprehend and try those guilty of bad actions and criminal actions but not because of different political thoughts.

And, make election integrity a chief priority for the sake of the democratic process and the confidence the people need to have in it.

Finally, stay home and don’t get anywhere near any demonstrations surrounding the inaugural. All of us should do our part to cool down the current tempest.

Big Tech v. America: How to Fight Back and Win

This article was originally published at American Spectator on January 15, 2021.

We can stop pretending Facebook, Twitter, Google, Apple, and Amazon aren’t out to get half the country, and start doing something about it.

Read more

A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches

Justice Clint Bolick dissents in Arizona v. Mixton.

Since joining the Arizona Supreme Court in 2016, libertarian litigator-turned-jurist Clint Bolick has made a name for himself as a judicial defender of constitutional rights. Justice Bolick did so again this week in a case that pitted the U.S. Supreme Court’s flawed Fourth Amendment jurisprudence against the more expansive privacy protections guaranteed by the text of the Arizona Constitution.

The case is Arizona v. Mixton. At issue was whether the police must get a warrant before obtaining a suspect’s I.P. address and internet service provider (ISP) subscriber information. With that info in hand, the police are able to determine which websites a suspect has visited. Taking its cue from the U.S. Supreme Court—which said in Smith v. Maryland (1979) that “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties”—a majority of the Arizona Supreme Court ruled in favor of warrantless I.P. address and ISP data searches.

Writing in dissent, Justice Bolick faulted his colleagues for shortchanging the text and history of their own state constitution…….

*****

This article was published on January 12, 2021 at Reason.

Imprimis: Orwell’s 1984 and Today

The following is adapted from a speech delivered at a Hillsdale College reception in Rogers, Arkansas, on November 17, 2020. The content is from the December 2020 edition of Hillsdale College’s Imprimis.

On September 17, Constitution Day, I chaired a panel organized by the White House. It was an extraordinary thing. The panel’s purpose was to identify what has gone wrong in the teaching of American history and to lay forth a plan for recovering the truth. It took place in the National Archives—we were sitting in front of the originals of the Declaration of Independence and the Constitution—a very beautiful place. When we were done, President Trump came and gave a speech about the beauty of the American Founding and the importance of teaching American history to the preservation of freedom.

This remarkable event reminded me of an essay by a teacher of mine, Harry Jaffa, called “On the Necessity of a Scholarship of the Politics of Freedom.” Its point was that a certain kind of scholarship is needed to support the principles of a nation such as ours. America is the most deliberate nation in history—it was built for reasons that are stated in the legal documents that form its founding. The reasons are given in abstract and universal terms, and without good scholarship they can be turned astray. I was reminded of that essay because this event was the greatest exhibition in my experience of the combination of the scholarship and the politics of freedom.

The panel was part of an initiative of President Trump, mostly ignored by the media, to counter the New York Times’ 1619 Project. The 1619 Project promotes the teaching that slavery, not freedom, is the defining fact of American history. President Trump’s 1776 Commission aims to restore truth and honesty to the teaching of American history. It is an initiative we must work tirelessly to carry on, regardless of whether we have a president in the White House who is on our side in the fight.

We must carry on the fight because our country is at stake. Indeed, in a larger sense, civilization itself is at stake, because the forces arrayed against the scholarship and the politics of freedom today have more radical aims than just destroying America.

I taught a course this fall semester on totalitarian novels. We read four of them: George Orwell’s 1984, Arthur Koestler’s Darkness at Noon, Aldous Huxley’s Brave New World, and C.S. Lewis’s That Hideous Strength.

The totalitarian novel is a relatively new genre. In fact, the word “totalitarian” did not exist before the 20th century. The older word for the worst possible form of government is “tyranny”—a word Aristotle defined as the rule of one person, or of a small group of people, in their own interests and according to their will. Totalitarianism was unknown to Aristotle, because it is a form of government that only became possible after the emergence of modern science and technology.

The old word “science” comes from a Latin word meaning “to know.” The new word “technology” comes from a Greek word meaning “to make.” The transition from traditional to modern science means that we are not so much seeking to know when we study nature as seeking to make things—and ultimately, to remake nature itself. That spirit of remaking nature—including human nature—greatly emboldens both human beings and governments. Imbued with that spirit, and employing the tools of modern science, totalitarianism is a form of government that reaches farther than tyranny and attempts to control the totality of things.

In the beginning of his history of the Persian War, Herodotus recounts that in Persia it was considered illegal even to think about something that was illegal to do—in other words, the law sought to control people’s thoughts. Herodotus makes plain that the Persians were not able to do this. We today are able to get closer through the use of modern technology. In Orwell’s 1984, there are telescreens everywhere, as well as hidden cameras and microphones. Nearly everything you do is watched and heard. It even emerges that the watchers have become expert at reading people’s faces. The organization that oversees all this is called the Thought Police.

If it sounds far-fetched, look at China today: there are cameras everywhere watching the people, and everything they do on the Internet is monitored. Algorithms are run and experiments are underway to assign each individual a social score. If you don’t act or think in the politically correct way, things happen to you—you lose the ability to travel, for instance, or you lose your job. It’s a very comprehensive system. And by the way, you can also look at how big tech companies here in the U.S. are tracking people’s movements and activities to the extent that they are often able to know in advance what people will be doing. Even more alarming, these companies are increasingly able and willing to use the information they compile to manipulate people’s thoughts and decisions…..

Continue reading at Imprimis: Orwell’s 1984 and Today

*****

Larry P. Arnn is the twelfth president of Hillsdale College. He received his B.A. from Arkansas State University and his M.A. and Ph.D. in government from the Claremont Graduate School. From 1977 to 1980, he also studied at the London School of Economics and at Worcester College, Oxford University, where he served as director of research for Martin Gilbert, the official biographer of Winston Churchill. From 1985 until his appointment as president of Hillsdale College in 2000, he was president of the Claremont Institute for the Study of Statesmanship and Political Philosophy. He is the author of Liberty and Learning: The Evolution of American Education; The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution; and Churchill’s Trial: Winston Churchill and the Salvation of Free Government.

Fight or Flight?

Editors’ note: The following essay is a response to recent articles by Neland Nobel and Victor Davis Hanson appearing in The Prickly Pear.

*****

Prediction: the date 11/3/2020 will become as infamous in history as 9/11/2001. Already, the recent turn of events in the post-11/3/20 world has, predictably, produced a number of deconstructions of Donald J. Trump and his presidency. Included on that list is Piling on Trump in The Prickly Pear (Neland Nobel, 1/8/21) in which every criticism of Trump is absolutely true. Unless, however, you believe that Trump’s loss on 11/3 was legitimate, they are also absolutely irrelevant.

Without going into a point-by-point breakdown, just consider the summary statement in the aforementioned article – “Yes, it would appear that Trump’s personality quirks may have lost us the Presidency.” That is precisely what Democrats want us to believe, that we lost the election and that it was due to a flawed candidate. They want that, nay, they NEED that in order to complete their mission of destroying the Trump brand, legacy and agenda. They do not want to face another Trump. The above quote would only be relevant if one were to totally disregard the massive evidence of election fraud while also ignoring the fact that Trump gained many millions more votes in 2020 than he did in 2016.

One must consider that the “steal,” as it is called, had to be a sure thing, and so it was. It did not rely on one or two factors. It did not rely, for example, on the Dominion voting system alone. It had to be a sure thing, because if it failed, the perpetrators would be in big trouble in Trump’s second term.

“We need to talk about why we lost,” writes Nobel in conclusion, missing the point again. We did NOT lose. That is the ONLY point and the discussion can never leave that point until the issue has been properly and fairly adjudicated with the results serving to correct the injustice. Until then, it trumps all other issues.

The 1/11/20 edition of The Prickly Pear includes an article by one of the brightest minds in America, Victor Davis Hanson. But bright people don’t always get it right and often do not possess the qualities of those with lesser IQs, notably grit, valor and common sense.

Hanson’s op-ed, Crazy 2020 is Dead! Long Live Crazier 2021! continues from The Prickly Pear, via a link at the bottom of the page to the balance of the piece at America Greatness.

In the continuation portion of the article, Hanson writes;

“As for Trump, there was a road, a far better road for him, not taken. He likely knew by the second week in December, when the electors were chosen, that his flurry of months-long lawsuits, recounts and objections would not lead to either a new national election or the disqualification of votes in four or five key states.”

Hanson goes on to amplify on the above:

“So, Trump erred in pressing is unrealistic claims of winning the election and thereby giving his supporters expectations that the irregularities in the voting would translate into a second Trump term. Again, fairly or not, legally or illegally, rightly or wrongly, that simply was never going to happen. To insist that it would was to mislead his most loyal base. And the disconnect from the finality of November 3, may have contributed to the Republican Senate losses in Georgia, and, for now, has clouded his legacy of real achievement.”

These points need breaking down:

You may note that Hanson never does reveal what he considers to be the “far better road” for Trump to have taken. Continuing with the first paragraph, how on earth could Trump have known in December that his lawsuits to that point would fail? Does Hanson have inside information on corruption and bias within state supreme courts and the federal court system? If not, then his opinion is nothing more than Monday morning quarterbacking and worse, it entirely misses the larger point which I will make in a moment. From my thirty years as a trial consultant, I can testify that the cowardice and even corruption we have witnessed from the courts in this case is the least surprising element of this saga.

In the second paragraph, Hanson goes on to refer to the election results as “irregularities.” No, the evidence, even by mid-December, but more so since, points to outright fraud and it was that fraud that formed the basis for the lawsuits in that it alone accounted for more than enough votes to reverse the outcomes. Or, possibly, Hanson views electronic vote switching, running the same ballots through the counting machines multiple times, the processing of more votes than there were registered voters and various other facts as mere “irregularities.”

Then Hanson offers the wildest speculation that Trump’s stance “may have contributed” to the loss of the Georgia Senate races, while offering no logic for that claim. Considerably more compelling could be the argument that drawing the voters’ attentions to the November election’s fraudulent outcome would make for an effective call to action. One could easily understand that motivating Trump supporters who must have been angry after learning of the fraud in their state would be a good strategy. Ask yourself which of those two positions sounds more valid when held to the test of common sense?

Now to the “larger point” mentioned above:

When do you fight and when do you run or surrender? One needs to look no further than the history of this country for a fine example of an answer. George Washington, the Continental Congress and the Continental Army, together with a rag-tag assembly of untrained civilian volunteers had no business believing they could defeat the most powerful military on the planet. If Victor Davis Hanson was advising them, it seems now that he would have said “Forget it boys, you can’t win.” Indeed, there were many in 1776 who said the same thing. Luckily, they were ignored, but they weren’t ignored because the argument made no sense. They were ignored because the argument was irrelevant. The fight needed to be fought because it was the right thing to do.

Indeed, battle history is replete with similar examples, some with results as above, some in defeat, including many where defeat was the outcome known in advance. If need be, ask Texans to explain. The battle of the Alamo serves as a prime example. It was lost before it started, but because it was fought, the war was won. The battle of Midway in WW II is another. The U.S. Navy’s torpedo planes attacked the Japanese fleet without fighter protection. They didn’t stand a chance and were wiped out by the enemy fighters. But their adherence to duty and their bravery brought the enemy fighters down to sea level, leaving our Navy’s dive bombers who followed moments later with a clear path to destroy the enemy’s aircraft carriers and win a battle that was the turning point in the war. Significantly, neither of those examples were intellectual exercises, nor have intellectuals ever been credited with winning a battle, let alone a war.

Where Hanson claims Trump’s fight “clouded his legacy,” I argue it IS his legacy, win or lose, just as capitulation would be his legacy if he had chosen not to fight. Finally, those who would dismiss Trump’s achievements, as Hanson suggests, due to his fight to preserve the integrity of U.S. elections lack much more than common sense.

*****

David Tunno is a retired trial consultant and California refugee now living in Paulden, Arizona. More information about David Tunno is found at www.tunno.com.

There Once Was a Dream

There once was a dream of a worldwide electronic web where commerce and communications could be linked, providing wide consumer choice, lower costs, and creating a marketplace of ideas. Anyone with access to the Web could access the common knowledge of the world with the keystroke of ever cheaper and more powerful devices.

It created rapid change and considerable “creative destruction”, as new ways of doing things were adopted and old ways discarded.

To be sure, there were serious instances of hacking and fraud. But not enough to stop most everyone from migrating to the Web and establishing a digital presence.

And humans, being the flawed creatures that we are, developed a number of consumer scams, have engaged in degrading pornographic sites and generated the proliferation of strange and kooky ideas. Such is the price one pays for freedom of expression; you might say.

Many people find communication on the web addictive. It has almost destroyed personal conversation and led to ever shorter attention spans.

But it has allowed citizen journalists to outperform legacy news organizations. Almost any viewpoint or household chore can now be found on YouTube.

The downside of the Web is that it has concentrated the power to dispense information and the power to destroy competition in the hands of a handful of companies and CEOs.

Despite these warning signals, trust in the Web has expanded so that people now place their most precious photographic memories in “the cloud”, their important documents, financial affairs and their personal thoughts. Companies have moved their accounting, marketing, compliance and even their phone services to the Web. All of it is out there to be either hacked or restricted.

Much of our monetary activities now occur on the Web. You can deposit checks on your phone, utilize credit and debit cards, even apply for and obtain home mortgages. There are now more than 2,000 digital currencies worth almost $900 billion dollars.

We even count votes with machines that are wired into the Web. That of course leaves the results open to hacking and manipulation.

This has all proven to be a mixed bag. It would seem, most of us believe the pluses outweigh the minuses.

But in a very vital sense, all of this was based on the idea of the integrity and safety of using the Web.

There are now reasons to seriously doubt there is either safety or integrity in the system that all of life seems to have become dependent upon.

In terms of safety, there are an alarming increase in hacking incidents. Not just hacking into the system of the neighborhood dentist and holding his operations up for ransom, but successful intrusions into some of the most sensitive government operations, such as our nuclear arsenal. There seems to be no place one is really safe on the Web.

It is clear that cyber warfare is now part of the arsenal of most advanced nations and that the Web could be collateral damage to this new form of war.

And now we see the most sinister turn, the use of the Web to control a population, such as the social credit score system in Red China.

The integrity of the system was that it was to be free, with all the flaws caused by human fallibilities.

But the government of China, and especially U.S. tech companies closely associated with that government, have decided that they will dictate what ideas can and cannot be communicated on the Web.

They also can determine what services, sites and other things one may want to do on the Web.

In the case of Parler, Amazon on the same day as the actions taken by Apple, cut off hosting services to a platform that carried news, views and ideas used by Conservatives and Libertarians. They basically put a company out of business.

You can say, well Parler can find another hosting company, there is a free market, right?

Not so fast. It appears that Amazon possesses such economic power that they are intimidating any competitor who wants to come along and pick up the business Amazon is refusing.

This is pure naked, monopoly power on display. If Amazon can do this to Parler, they can do this to anybody.

It would be equivalent to U.S. Steel owning the railroads and refusing to ship steel manufactured by someone else. And, if the steel company that is a competitor to U.S. Steel, found trucking companies willing to take their freight, U.S. Steel comes at the trucking companies and frightens them into declining the business, thus choking their competitor to death.

Liberals and Progressives would object to that, right?

But this wasn’t just about intimidating competitors, it is a deliberate attempt to destroy free speech.

For the sake of freedom of expression, this must be resisted. One man’s insurrection seems to be another man’s demonstration.

The rules are arbitrary and capricious. It is OK to upload child pornography but wrong to go to a site that might support the President of the United States. It is OK for Black Lives Matter to be on the Web (which caused a summer of mayhem, murder, and destruction) but not for Dan Bongino to have a presence.

By denying access, the information on the Web can be converted into a political weapon.
And in strictly a commercial sense, by these actions, these tech monopolies are breaking down the trust necessary for commerce. They can destroy any one they want for commercial or political reasons.

If Big Tech can ban access for me to read Dan Bongino on Parler, may they not deny me access to my digital currency or perhaps even my bank or brokerage account? Will they deny us access to credit because we have a point of view different than they do? What about if we have religious views different from them? Where will the censorious attitude stop?

We know from what is occurring on American college campuses. Any deviation from what Mark Zuckerberg thinks is a “hate crime.”

Will they now set prohibitions as to what magazines and news sites I am permitted to read? Do they surveil what we are doing and report our tendencies to the government? Our government or perhaps the Chinese government?

If safety and integrity break down, with so much of our business and personal affairs now linked to the Web, a loss of confidence in the system in which so many of our commercial activities take place, could do massive and almost instantaneous economic damage.

These tech giants now are not just a political threat. They are a threat to the commercial well being of the world. We just can’t know who or what they might decide to restrict next.

Government regulation would be dangerous. Political parties and these tech behemoths and media companies are already aligned with each other and using their alliance for political means, so evident in the 2020 election.

Besides the political threat, economists call it regulatory capture. Almost always, the industry being regulated, eventually captures the regulatory agencies that do the regulating.

We need free and open competition. We need to break up the monopolies. Application of the anti-trust laws certainly seem applicable to maintain competition and choice.

If this is not done promptly, the dream will fade and be replaced by a nightmare worse than envisioned by George Orwell.

You can do your part.

Write your U.S. Representative and Senators raising concerns about this monopoly-based suppression of speech.

Quit doing business immediately with Amazon, Whole Foods or any of its affiliates.

Why Trump Voters Don’t Trust the People that Count Votes

Perhaps not since the nineteenth century have so many American voters so fervently doubted the outcome of a national election.

Slate headline from December 13 reads: “82 Percent of Trump Voters Say Biden’s Win Isn’t Legitimate.” If even half true, this poll means tens of millions of Americans believe the incoming ruling party in Washington got its political power by cheating.

The implications of this are broader than one might think. Under the current system, if many millions of Americans doubt the veracity of the official vote count, the challenge to the status quo goes beyond simply thinking that Democrats are cheaters. Rather, the Trump voters’ doubts indict much of the American political system overall and call its legitimacy into question.

For example, if Trump supporters are unwilling to accept that the vote count in Georgia was fair—in a state where Republicans control both the legislature and the governor’s mansion—this means skepticism goes well beyond mere distrust of the Democratic Party. For Trump’s vote-count skeptics, not even the GOP or the nonpartisan election officials can be trusted to count the votes properly.

Moreover, unlike the general public, Trump supporters appear to have adopted a keenly suspicious view toward these administrators and the systems they control. This is all to the best, regardless of the true extent of voter fraud in 2020. After all, government administrators—including those who count the votes—are not mere disinterested, efficiency-obsessed administrators. They have their own biases and political interests. They’re not neutral.

Trump as Outsider

How did Trump supporters become such skeptics? Whether accurately or not, Trump is viewed as an antiestablishment figure by most of his supporters. He is supposed to be the man who will “drain the swamp” and oppose the entrenched administrative state (i.e., the deep state).

In practice, this means opposition must go beyond mere partisan opposition. It was not enough to simply trust the GOP, because, either instinctively or intellectually, many Trump supporters know he has never really been a part of the GOP establishment. The opposition from within the Republican Party has always been substantial, and the old party guard never stopped opposing him. For Trump’s supporters, then, the two-party system isn’t enough to act as a brake on abuse by the administrative state—at least when it comes to sabotaging the Trump administration. In the minds of many supporters, Trump embodies the anti-establishment party while his opponents can be found in both parties and in the nonpartisan administrative state itself.

This view has formed over time in a reaction to real life experience. Trump supporters have been given plenty of reasons to suspect that anti-Trump sentiment is endemic within the bureaucracy. For example, from the beginning, high-ranking “nonpartisan” officials at the FBI were actively seeking to undermine the Trump presidency. Then there was Alexander Vindman, who openly opposed legal orders from the White House and lent aid to House officials hoping to impeach Trump. Then there were those Pentagon officials who apparently lied to Trump in order to avoid drawing down US troops in Syria. All this was on top of the usual bureaucrats, who already tend to be hated by conservative populists: education bureaucrats, IRS agents, environmental regulators, and others responsible for carrying out federal edicts.

And then there were the federal medical “experts” like Anthony Fauci, who insisted Americans ought not to be allowed to leave their homes until no new covid-19 cases were discovered for a period of weeks. Translation: never.

Health technocrats like Fauci came to be hated by Trump supporters, not just for seeking to shut down churches and ruin the lives of countless business owners, but for setting themselves up as political opponents of the administration through daily press releases and other means of contradicting the White House.

It only makes sense that Trump’s supporters would extend this distrust of the bureaucracy to those who count the votes. After all, who counts the votes has always been of utmost importance. It’s why renowned political cartoonist Thomas Nast had Boss Tweed utter these words in an 1871 cartoon: “As long as I count the votes, what are you going to do about it?”

Boss Tweed

 

This has always been a good question.

Old party bosses like Tweed are now out of the picture, but the votes nowadays are calculated and certified instead by people who, like Tweed, have their own ideological views and their own political interests. The official vote counts are handed down by bureaucratic election officials and by party officials, most of whom are outside the circles of Trump loyalists.

Given the outright political and bureaucratic opposition Trump has faced from other corners of the administrative state, there seems to be little reason for his supporters to trust those who count the votes.

Learning to Mistrust the Administrative State

Thus, whether facing FBI agents or election officials, Trump supporters learned to take official government reports and pronouncements with a healthy dose of skepticism. The end result: for the first time, under Trump, the American administrative state came to be widely viewed as a political force seeking to undermine a legitimately elected president, and as a political interest group in itself.

Naturally, the media and the administrative state itself have reacted to this with outrage and disbelief that anyone could believe that the professional technocrats and bureaucrats could have anything in mind other than selfless, efficient service to the greater good. The idea that lifelong employees of the regime might be biased against a man supposedly tasked with dismantling the regime was—we were assured—absurd.

Civil Service Reform and the Rise of the Permanent Bureaucracy

Although Trump’s supporters may get some of the details wrong, the distrustful view of the bureaucracy is the more accurate and realistic view. The view of the American administrative state as impartial, nonideological, and aloof from politics has always been the naïve view, and one pushed by the Progressive reformers who created this class of permanent government “experts.”

Before these Progressives triumphed in the early twentieth century, this permanent class of technocrats, bureaucrats and “experts” did not exist in the United States. Prior to civil service reform in the late nineteenth century, most bureaucratic jobs—at all levels of government—were given to party loyalists. When Republicans won the White House, the Republican president filled bureaucratic positions with political supporters. Other parties did the same.

This was denounced by reformers, who maligned this system as “the spoils system.” Reformers insisted that American politics would be far less corrupt, more efficient, and less politicized, if permanently appointed experts in public administration were put into these positions instead.

The Administrative State as an Interest Group

But the rub was that in spite of claims by the reformers, there was never any reason to assume this new class of administrators would be politically neutral. The first sign of danger in this regard was the fact that those who wanted civil service reform seemed to come from a very specific background. Murray Rothbard writes:

The civil service Reformers were a remarkably homogeneous group. Concentrated almost exclusively in the urban Northeast, including New York City and especially Boston, the Reformers virtually constituted an older, highly educated and articulate elite. From families of old patrician wealth, mercantile and financial rather than coming from new industries, these men despised what they saw as the crass materialism of the nouveau riche, as well as their lack of good breeding or education at Harvard or Yale. Not only were the Reformers merchants, attorneys, and educators, but they virtually constituted the most influential “media elite” of the day: editors, writers, and scholars.

In practice, as Rothbard has shown, civil service reform did not eliminate corruption or bias in the administration of the regime. Rather, the advent of the civil service only shifted bureaucratic power away from working-class party loyalists, and toward middle-class and university-educated personnel. These people, of course, had their own socioeconomic backgrounds and political agendas, as suggested by one anti-reform politician at the time who recognized that civil service exams would be employed to direct jobs in a certain direction:

So, sir, it comes to this at last, that…the dunce who had been crammed up to a diploma at Yale, and comes fresh from his cramming, will be preferred in all civil service appointments to the ablest, most successful, and most upright business man of the country, who either did not enjoy the benefit of early education, or from whose mind, long engrossed in practical pursuits, the details and niceties of academic knowledge have faded away as the headlands disappear when the mariner bids his native land good night.

Gone were the old party activists who had worked their way up to a position of power from local communities in which they had skin in the game. The new technocrats were something else entirely.

Today, of course, the bureaucracy continues to be characterized by ideological leanings of its own. For example, government workers, from the federal level down, skew heavily Democrat. They have more job security. They’re better paid. They’re less rural. They have more formal education. It’s a safe bet the bureaucracy isn’t chock full of Trump supporters. Civil service reform didn’t eliminate corruption and bias. It simply created a different kind.

Trump supporters recognize that these people don’t go away when “their guy” wins. These are permanent civil “servants” whom Trump supporters suspect—with good reason—have been thoroughly opposed to the Trump administration.

So, if the FBI and the Pentagon have already demonstrated their officials are willing to break and bend rules to obstruct Trump, why believe the administrative class when they insist elections are free and fair and all above board? Many have found little reason to do so.

*****

This article was first published by Mises Wire on January 6, 2021 and is hereby reproduced by permission of the Ludwig von Mises Institute.

Our Election Rules Are A Mess

Supposedly our election rules are left to the states. The problem is most people seem not to care about anything other than our biennial elections for Congress and the President every four years. Bill de Blasio — the worst mayor in American history — was elected by just 8% of NYC voters. Alexandria Ocasio-Cortez was thrust on the American scene by winning a primary that was arguably tantamount to a general election with just 16,898 votes.  It is time to clean up this mess. The problem is the political parties are worlds apart.

The Democrats have done much to loosen election rules. They argue that even simple rules are voter suppression.  That is even though they know the inherent problems with cleaning voter rolls maintained at the county level.  Just dealing with the deceased is a major problem. Almost 3 million Americans die every year. That means nearly six million dead people are potentially on voter rolls since the last biennial election, not including ones never removed in past elections. Then there are the people who have moved. Forty million Americans move every year many between states or at least change jurisdictions within states.

California has been at the forefront of destroying the integrity of our elections. First, they issue driver licenses to foreign nationals including illegal aliens. They have made the DMV (the least trusted name in government operations) a center point of registering people and all you need to vote is a driver’s license whether here legally or not. Then ballot harvesting was established as a statewide manner of damaging election integrity.  Harvesting allows a stranger to come to your house and take your ballot to deliver it for you. What could go wrong with that?  They mailed out ballots to every registered person in this last election with return postage paid despite all the dead and relocated people still on the voter rolls. Worse, there was little preparation for handling the onslaught of mailed-in ballots.

The U.S. Commission on Federal Election Reform had something to say about this in 2005. Chaired by former President Jimmy Carter and former Secretary of State James Baker, the commission made clear that “absentee ballots (mailed) remain the largest source of potential voter fraud.” They also stated, “vote-buying schemes are more difficult to detect when citizens vote by mail.” Yet more states are moving that way.

The Democrats want to create even more havoc in the rules of our election. Don’t believe it?  Look at the first bill they presented in the House of Representatives when they took over in January 2019. House Resolution 1 in 2019 was all about rewriting our election rules. It came in at 600 pages just to make sure it was unclear. The more pages the less clarity.

Here are some of the things the bill proposed:

  1. The states would be required to offer early voting.
  2. The states would have to offer registration up to and including Election Day.
  3. The states would have to offer online registration (nothing could go wrong there).
  4. The states would have to automatically register people from government databases (nothing could go wrong there).
  5. The states would have to register 16-year-olds to vote two years in advance (This is a step toward their wanting 16-year-olds to vote).
  6. The bill requires states to accept absentee ballots for any reason.
  7. The bill would provide for prepaid return postage for any ballots involving a federal election.
  8. The bill would establish ballot harvesting across the nation.
  9. The bill would disable most voter ID laws across the nation.

The bill has not passed, but that is not the end of it. Many of the provisions were part of the Cares Act in 2020 before they were cut. These rules will be brought forward until the Democrats get this passed. For elections to have integrity, virtually none of this should be done.

Democrats are always telling us they are the party of science and that we should be more like other countries.  Except when they do not want to do either.

Democrats are constantly making comments that voter ID is racist. It harms Blacks and Hispanics. We all know that is not true. Blacks and Hispanics have a government-issued photo ID for the same reasons everyone else does. More importantly, we are the only modern country that does not require voter ID. The largest democracy in the world, India, does. So do Israel and France and Germany and Britain and Canada and Mexico and Sweden and Norway and the United Kingdom and on and on. We held an election in Iraq and required voter ID.

The question is why Democrats would not want voter ID.  The same answer comes up because it is the only answer – they want to lessen the integrity of our elections. That can be the only answer. That is the answer as to why they want election day registration, limited voter roll cleaning and they think ballot harvesting is a sane idea in a free country.

Oregon has all mail-in ballots and online registration and is the model for much of Democrats’ ideas. Yet they still cut off registration 21 days ahead of election day and require voter ID to register. There are currently four states that have online registration. Arizona, Washington, and Kansas are the other states that allow online registration.  How they verify that the authenticity of the registrant is unclear.

You cannot get an election official to admit there is errant voting in their elections. The NYT contacted election officials from all 50 states, and everyone not surprisingly said it all went swimmingly. That is despite many states having new rule changes that impacted their registration and mail-in-ballots. That is despite independent sources identifying multiple cases of improper election-related behavior.

Christopher Krebs was fired by Mr. Trump. Thus, he had to be a good guy in the eyes of the Media. He was our first director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA). He was head of the predecessor organization. After being fired he went on various national news shows and told the world we had the most secure election yet. That defies simple logic with multiple states changing to statewide mail-in ballots despite having inadequate preparation for doing such. More importantly, Mr. Krebs’ organization was simultaneously responsible for the oversight of our cyber systems which had the largest hack in history known as SolarWinds. He should have been fired for that, but Trump jumped the gun and fired him for his oversight of election integrity. Needless to say, his credibility is shot on both issues.

Election officials deny there is anything is wrong with their procedures. There obviously is and with demands for further loosening of the rules, we have two parties in juxtaposition. One wants to assure greater security for our elections and the other wants to make it easier to create mischief in our voting system. One believes as always that our citizens are helpless, and the government needs to do everything for them.

The Dems say voting is our most sacred right. They should treat it as such. When you have a sacred right you should have to work to protect that right. Showing up with a voter ID is not too much to ask. Registering to vote instead of it automatically occurring by a government agency is not too much to ask. Getting your ballot either in the mail or at a polling place and then returning that ballot with your own effort is not too much to ask.  Remember it is a right in a true democracy to abstain from voting, and many people opt for that right.

If we continue to divorce the individual effort from voting, then we will continue to open our electoral system to mayhem. Don’t believe the lies from election officials that this was a safe and secure election. It was a mess because it was designed to be a mess. We need to change that or the value of our vote will be dissolved.

*****

This article first appeared in Flash Report  on January 10, 2021 and is reproduced with the permission of the author.

Crazy 2020 Is Dead! Long Live Crazier 2021!

Hang on. It is going to be Mr. Toad’s wild scary ride for all of 2021.

The proper conservative response to last Wednesday’s violent entry into the Capitol and vandalism, as well as assaults on law-enforcement, is to identify the guilty parties and ensure they are arrested.

Such deterrence will prevent any future devolution from legal popular protests into thuggery. No constitutional republic can tolerate its iconic heart stormed, breached, and defiled.

Is Some Violence Worse than Others?

Of course, there is no such thing as “good” or “acceptable” violence of either Trump supporters or of the Antifa and BLM sort.

Yet the latter were largely exempt from any consequences for most of the summer—despite Joe Biden’s demagogic implication that the now multibillion-dollar funded BLM was treated harshly in comparison to the rogue Trump rioters.

Do we remember the authorities’ exemptions given to “warlord” Raz Simone and his armed thugs who, with absolute impunity, took over a Seattle “autonomous zone” known as CHOP or CHAZ, where four shootings and two deaths followed? Who exactly destroyed or vandalized thousands of state and federal public monuments—some in Washington, D.C.—and burned and looted hundreds of buildings with impunity?

Those who wrongly demanded to defund the police, now rightly deplore the lack of a Capitol police presence. Their only consistency is their own perceived political self-interest.

Biden himself rarely if ever, without exceptions, outright condemned the atrocious violence of Antifa and indeed contextualized it as an “idea”—a disincarnate entity that apparently could magically also burn and loot.

Again, his inaugural call for unity was quickly superseded by his surreal accusations that the police were racist in not quelling the violence. Yet the problem at the Capitol was not that security was racially selective, but that there was not much security at all. And the lapse was probably not by design as much as sheer incompetence.

The president-elect’s demeanor and furor certainly were not compatible with his media image as the supposedly angelic uniter of the country. Within 24 hours he had gone from blasting the police authorities as racists to the old reductio ad Hitlerum trope of comparing a few Republican senators to Nazi propogandist Joseph Goebbels, in a hysterical rant that descended into incoherent numerology about the bombing of Dresden. I’m sure Xi Jinping and Ayatollah Khamenei were impressed by his historical recollections.

Would that summer candidate Biden had just once said a word on behalf of the victims of Antifa and BLM—more than 700 injured law enforcement officers, billions of dollars in damage, and dozens killed over a summer of hateful violence that also wrecked the lives of thousands of struggling small business owners and their employees. What Kamala Harris said about the violent summer protests was appalling, and she was most worried about bailing out those arrested for street violence. Somehow a summer of hate and destruction earned BLM $10 billion in corporate gifts. Did anyone suggest that CEOs were subsidizing violence by crassly buying protection?

Continue reading at American Greatness

The Liberal Left Has Gone Full Illiberal

Over ten months, I have watched with incredulity as the liberal-left has unquestioningly and unequivocally embraced policies, ostensibly to manage the coronavirus pandemic, that are not only illiberal but authoritarian. With each passing day, those on the left-liberal side of the political spectrum display greater acceptance of increasingly oppressive measures.  Maybe I should have been prepared.

With more and more frequency during the past years, I have found myself departing from my cohorts’ consensus during various discussions arising from current events, particularly insofar as they pertained to civil liberties issues. More disturbing than the substantive disagreement was the utter lack of regard for difference of opinion among many of my peers.

Nevertheless, I did not anticipate that the left would soon abandon all pretense of concern for liberal values, which are widely understood to consist of tolerance, open-mindedness, and protection of individual rights and dignity (As a preliminary matter, I am using the term “liberal-left” broadly, to describe: individuals who so identify, the Democratic Party and politicians, and center-left news outlets such as the New York Times, New Yorker, Washington Post, MSNBC, and CNN. I am aware that there is diversity of opinion, but believe it is fair to characterize the overarching left-liberal view as one that accepts the efficacy and morality of lockdowns, masks, and forced human separation).

At this point, those of us unfortunate enough to live in blue and purple states, as well as in many other parts of the world, have been deprived of our basic liberties for nearly a year. We cannot freely associate with other people, operate our businesses, send our children to school, or travel to many places without having to isolate for two weeks, which often translates into visiting loved ones becoming a practical impossibility. College students are imprisoned in dorm rooms for weeks because they or someone they interacted with tested positive for the virus (I will leave the topic of the unreliability of these tests for another day). They are expelled, harshly punished, and shamed for attending parties and socializing in groups. It is no surprise that, condemned for engaging in the most natural activities for those their age, suicidal ideation, depression, and drug usage have skyrocketed in this demographic. Children are forbidden from playing with one another or forced to do so while muzzled.

These oppressive policies, which at face value constitute grotesque violations of civil rights and liberties, are enacted and enforced primarily by Democratic politicians, not least among them the governors of New York, Michigan and California: Andrew Cuomo, Gretchen Whitmer and Gavin Newsom, respectively. For the most part, these pandemic management strategies are lauded by their constituents and center-left publications alike. To the extent they are criticized from the left, it is usually for failing to enact the measures sooner or enforcing them more stringently.

Particularly chilling is a piece published in the New York Times on January 4, 2021, “In a Topsy-Turvy Pandemic World, China Offers Its Version of Freedom,” by Li Yuan. Notably, this article appeared not in the opinion pages, where arguably it could defensively be printed, but in the news section, and accordingly can be deemed representative of the Times’s views. It is worth pointing out that the Times’s influence cannot be overstated: it is the journalistic arm of the Democratic establishment and informs the consciousness and values of the urban professional class. One can be fairly certain that the beliefs of most doctors, teachers, lawyers, and professors will reflect the ideas propagated in the paper.

The premise of Ms. Yuan’s piece is that the post-enlightenment values that until recently were considered non-negotiable in most Western democracies– freedom of speech, freedom to worship, freedom of assembly – are dispensable.

That is because, according to Ms. Yuan, China has triumphed over the virus, needless to say by trampling on these very rights, and in doing so allowed for a different set: the freedom to live a normal life (“the West may find it has to work harder to sell its vision of freedom after China has made its model seem so attractive”).

Who is to say which rights are more important? the article queries.

Ms. Yuan next speculates that “[t]he global crisis could plant doubts about other types of freedom” as “[n]early half of voting Americans supported a president who ignored science and failed to take basic precautions to protect their country. Some Americans assert that it is their individual right to ignore health experts’ recommendations to wear masks, putting themselves and others at increasing risk of infection.”

These are an astonishing set of assertions: they appear to call into question the importance of democracy itself, and more vaguely the rights of Americans to make their own decisions about their health and to question and dissent from government mandates. Perhaps I am naïve, but I was under the impression that in a free society, people are at liberty to evaluate the evidence for any proposition — especially one as personal as whether or not to wear a face-covering – to assess the risk, and to act accordingly.

It is deeply troubling that neither Ms. Yuan nor the New York Times appear to recognize the danger in allowing “experts” to dictate our every move (never mind the faulty premise underlying this, as the science supporting mask usage as a means of curbing coronavirus spread is at best incredibly shoddy). More disturbing, evidently the rights of the individual are no longer sacrosanct; rather, they may be subverted for the betterment of society.   People should not be forced to choose between leading a normal life (i.e. socializing, attending school, earning a living, going to restaurants, and experiencing the arts) and possessing fundamental civil liberties.  Both are absolute, immutable features of a liberal democracy.

Conveniently, the article fails to mention that China’s willingness to sacrifice the individual in furtherance of the communal good has led to the creation of concentration camps for Uighur Muslims, that include, among other horrors, torture and forced sterilization. Amnesty International’s China 2019 page opens by observing that: “[t]he human rights situation continued to be marked by a systematic crackdown on dissent.  The justice system remained plagued by unfair trials and torture and other ill-treatment in detention. China still classified information on its extensive use of the death penalty as a state secret.”

Likewise, Human Rights Watch’s [HRW] webpage states that:

 China’s government sees human rights as an existential threat. Its reaction could pose an existential threat to the rights of people worldwide. At home, the Chinese Communist Party [CCP], worried that permitted political freedom would jeopardize its grasp on power, has constructed an Orwellian high-tech surveillance state and a sophisticated internet censorship system to monitor and suppress public criticism. Abroad, it uses its growing economic clout to silence critics and to carry out the most intense attack on the global system for enforcing human rights since that system began to emerge in the mid-20th century.

If China eradicated the virus — and there is widespread agreement that the CCP’s coronavirus data cannot be trusted — it did so using the same tactics that are violative of human rights discussed above by HRW and Amnesty International (incidentally, the Times itself recognized that a mere ten months ago). That the Times and Ms. Yuan apparently consider it appropriate to gloss over that reality is nothing short of astounding.

On the other hand, Ms. Yuan’s article is simply a more express admission than many of the paper’s more subtle suggestions that liberal values are overrated and ought to be abandoned in favor of virus suppression policies that do not bother with such annoyances as human rights. A recent Op-ed argues that doctors who question the efficacy of masks and social distancing should have their licenses revoked. Another heavily insinuates that speech deemed a danger to the Republic should be illegal. Ms. Yuan’s article also bears striking resemblance to various recent, albeit slightly more nuanced, pieces in, for instance, the Economist and the New Yorker, implying that perhaps we should look to China and adopt its virus management strategy.

Many in the scientific and medical community have similarly expressed admiration for China’s approach. At a September press conference, Mike Ryan, the executive director of the World Health Organization’s Health Emergencies Programme, offered his “congratulations” to the Chinese for bringing the virus under control. Gregory Poland, director of the Vaccine Research Group at the Mayo Clinic, observed that China’s success could be attributed, in part, to a compliant population and a government that “can put bigger constraints on individual freedoms than would be considered acceptable in most Western countries.”

Apparently, some members of the New York legislature agree that the CCP’s model should be emulated. Lawmakers in the state are contemplating a bill that would permit the State to forcibly detain individuals who might be carrying an infectious disease. It is not difficult to imagine a near-future in which people like me, who refuse to abide by inhumane, nonsensical, and never-ending dictates, end up behind bars as potential pathogen carriers.

Likewise, in a fashion that would make leaders of the CCP proud, critics of lockdown and mask policies are silenced by the media and educational institutions. For example, a tenured professor at New York University is currently under investigation after a student reported him and petitioned for him to be fired because he suggested — in a course on media propaganda, no less! — that students read studies finding that masks do not provide protection from the coronavirus, in addition to those reaching the opposite conclusion.

Not only have the scientists who wrote the Great Barrington Declaration, which rejects the lockdown approach to coronavirus management, been personally and professionally persecuted, but they have faced significant efforts to silence them, leading one writer to observe that “their critics want them removed from the public sphere. This has all the characteristics of a modern high-tech witch-hunt.” Keep in mind that these are three of the world’s preeminent epidemiologists, from Oxford, Harvard, and Stanford Universities. There are countless stories of scientists and others who have been censored on social media platforms for departing from the prevailing wisdom on the seriousness of the coronavirus or appropriate and effective methods for managing it.

A free, liberal society fosters open discussion and debate. It does not silence and punish those who offer opinions that depart from the consensus, however inconvenient those ideas may be to the people in control. It does not use state power to lock people in their homes for the crime of existing in a world along with pathogens. Nor does it prevent them from seeing family and friends, educating their children, and earning a living. It certainly does not contemplate imprisoning people in detention camps because they could carry a pathogen.

Maybe I was naïve to be so startled by Topsy-Turvy Pandemic World, and its thesis that we should remake our conception of freedom in the image of China’s. In retrospect, it was the natural next step in the creeping authoritarianism that I witnessed for about a decade and has crescendoed in the last year. It is as close to an express concession as I have seen thus far that the liberal-left has entirely abandoned the tenets of liberalism.

Even Neil Ferguson, whose wildly inaccurate Imperial model spurred lockdowns in the West, was surprised that the public acquiesced to China-style virus suppression measures. In a recent interview, he observed that “people’s sense of what is possible…changed quite dramatically between January and March.” At first, scientists in the U.K. presumed that “locking entire communities down and not permitting them to leave their homes…would not be an available option in a liberal Western democracy…and then Italy did it. And we realized we could.”

That the liberal-left appears untroubled by the grotesque violations of civil rights and liberties we have witnessed over the past ten months tells us all we need to know. Human rights are negotiable under this new ideology. I am not certain what this political theory should be called – perhaps left-wing authoritarianism – but it bears no resemblance to liberalism whatsoever. To the extent we have not gone quite as far as China in violating human rights in the quest to suppress the virus, the consensus on the liberal-left is plain: we have not gone far enough.

One of the particular features of tyrannical regimes is that most people remain unaware of their true nature until they have solidified their grip on power. It is far easier to acquire and maintain control over a population that at least initially believes the governing force is benevolent.

Pick up a history book if you believe that in the near future the pandemic will be declared over and normal life will resume. Even well-intentioned individuals have difficulty surrendering power once they have had a taste. Nothing about the actions of leaders such as Governors Cuomo, Whitmer and Newsom, and Prime Minister Boris Johnson, ought to lead people to believe that life will ever be the same unless we refuse to accept this erosion of our civil rights and liberties.

Each day, I hope that my friends on the liberal-left will wake up and see what is happening before their eyes, before it is too late.

*****

This article first appeared January 9, 2021 and is reproduced with permission by AIER,  American Institute for Economic Research

At 10 Years Old, the Affordable Care Act Is Aging Badly

Another open season has come and gone in which eligible Americans could choose from a narrow array of federally subsidized health care plans under the Affordable Care Act.

Despite the ACA’s manifest gaps and failures, a recent poll from the left-leaning Kaiser Family Foundation found that a solid majority – 55% – of respondents have a favorable perception of the law. That result may be due in part to a feature of the law most have heard about and support: its ban on private insurers denying coverage for preexisting conditions.

The ACA is much more than that provision, however. By almost any measure, the law has fallen short of its objectives. It included features that proved unpopular or unsustainable, led to a decade-long court battle with—of all groups—an order of Catholic nuns devoted to the poor and it subsidized elective abortion without subscribers’ knowledge in violation of what the law plainly requires.

The ACA was modeled in part on a Massachusetts health plan that created a statewide exchange, or marketplace, offering a menu of plans individuals and families could choose from, with gradations of coverage and cost. The ACA contained a mandate, since nullified by Congress, that each individual and family have a plan in force year-round.

But a withering report earlier this year from The Heritage Foundation underscores just how far short the law has fallen.

The promise of the ACA was better coverage at lower cost. Everyone remembers President Barack Obama’s sober pledge that American families would enjoy $2,500 in annual savings on their premiums and be able to keep their doctors. The Heritage report shows, instead, that in just five years, from 2013 to 2018, the average monthly premium paid by an individual rose from $244 to $550 a month, a more than 125% increase.

At the same time, the mid-tier quality plan on the federal exchange saw its annual deductible rise by more than $1,000. Provider networks, in turn, typically shrank.

Putative innovations under the ACA fared no better. The year 2020 saw the end of multi-state plans. These were private plans sold on the marketplace by insurance companies under contract with the federal government that were supposed to attract more subscribers while lowering costs.

In addition, the federal Multi-State Plan Program was required to guarantee individuals and families both a pro-life option and an elective abortion option in the states where they existed.

But multi-state plans proved unpopular with insurance companies, as became embarrassingly apparent when the number of multi-state plans was reduced from 203 to two between 2017 and 2019, and finally nonexistent this year. Co-op plans seem headed for the same fate.

Today, most U.S. counties have only one or two exchange plans. These are the plans for which federal premium tax credits are available.

The tax credits mean that abortion coverage is being subsidized with tax dollars in many instances. Just how often this occurs has been a regular focus of Charlotte Lozier Institute and Family Research Council—this year joined by The Heritage Foundation.

What we found for the 2021 plan year continues to be disturbing.

There are 24 states, plus the District of Columbia, that allow elective abortion coverage. In total, these states offer 1,296 plans, and a full 69% of them—892 plans—cover elective abortion. Eight states fail to offer a single pro-life alternative insurance plan on the ACA marketplace, several of them due to state legislative mandates.

Fortunately, 26 states have exercised their option under the ACA to bar from their exchanges any plans that cover abortion beyond the limited exceptions under the Hyde Amendment—that is, in cases where the life of the mother is at risk, rape, or incest.

Now 10 years old, the Affordable Care Act needs to be revisited. It covers fewer than half the estimated 24 million people its authors estimated would be helped.

Rather than chase the Little Sisters of the Poor with mandates to provide no-cost coverage of contraceptives and abortifacients for their employees, Congress should apply the Hyde Amendment permanently and pursue support for patient-centered, life-affirming plans. These plans should meet the needs of subscribers at all stages of life.

Congress should also ensure that every health care plan has full transparency, so purchasers are aware of any controversial practices the plan covers. The ACA’s requirement that abortion premiums be paid separately—now enjoined by a federal court—should be enforced.

Conscience is a key element of a free and robust society in every sector, but especially health care. A decade on from enactment of the Affordable Care Act, the need for patient- and family-centered alternatives in health care is more acute than ever.

*****

This article first appeared in The Daily Signal on December 18, 2020 and is reproduced with permission.

The Truth about Polls

The veracity of the polls done during this last election period has been the subject of much discussion.  There have been assertions that some polls were done to suppress the vote. When a well-known pollster was asked about that, the reply was “There was record voting.” The bigger question is whether the polls are impossible to get correct in the current environment. When that was addressed to career professionals, much of what we have been told appeared to be made-up inaccuracies.

If you listened to the talking heads in the closing weeks of the campaign and after election day, they were largely mouthing the same know-nothing comment about the shy Trump voter. When all the talking heads are saying the same thing, it is usually a good time to check out what the facts are with someone who has some knowledge about the matter. That is when I called my friend Ed Sugar who spent 30 years in the industry.

Ed spent his time providing services to business communities. Many political pollsters provide their services to private companies. Mr. Sugar reminded me the industry has radically changed since the time he entered the industry and it is one of the reasons he stepped out of a day-to-day position while maintaining his relationships.

To understand the devolution of polls you need to understand the evolution of their source information.

Since the 1930’s polling data was based principally on one simple point of contact – a landline telephone. This operated in a standard manner until 2012. You may think that smart phones are the cause of the problem, but the process was deteriorating long before these devices became commonplace. The first chink in the armor of the process was the ubiquitous adoption of answering machines (remember those?) in the 1980’s.

Then came car phones in the 1990’s equipped with caller ID. Next was the cell phone that fit in your pocket which eventually led to smart phones. The death of home landlines began at a precipitous rate beginning in 2005. Sugar warned his bosses to start reading the obituaries as every reported death represented a deceased landline along with the individual. As everyone knows virtually no person under the age of 30 has a landline at home.

It was not just the switch to cell phones, but the portability of numbers that made it exceedingly difficult to geographically locate where responses were located. Americans are highly mobile as are their devices making it ever more challenging to collect proper info since many surveys are geographically oriented by either city or state.

The most recent challenge came with changes to TCPA (Telephone Consumer Protection Act of 1991) which happened in 2015. The update made it even more difficult and costly to dial cell phones with a significant surcharge incurred by pollsters. The cost of telephone interviewing in the exurbs and rural areas is now more expensive than in metropolitan areas. This happened when there was significant migration to less populated areas as the locales became developed technologically; thus, more attractive.

Pollsters turned to the development of various sampling techniques around 2008 as a method to compensate for the lack of individual contacts and lack of hard data. They began utilizing forecast modeling to help make up for the decline in the number of available respondents/ease of random sampling. This means they were projecting results based on smaller samples to provide answers where they used to have more broad-based hard data.

I then spoke to Lynn Stalone who has 35 years’ experience in polling. Out of the box she stated “There is no right way to poll today.” She went on to say “There is very little opportunity to capture accurate information from cell phones.”

Lynn defined additional difficulties with gathering data from cell phones separate from what we have already delineated. Pollsters get their telephone numbers from service aggregators who derive the data from providers (AT&T, Verizon etc.). The information provided is based on billing data.  A single billing record can easily contain phone numbers for multiple individuals, not to mention multiple households perhaps living separately or even in different cities. Then the pollsters may be looking for age specific information and reach a 64-year-old male while wanting to speak to the 25-year-old daughter who may not live in the same location.

“No call” lists do not apply to true political polling, but that does not help if all the factors above are the reality for the polling firms. They often do not know who they are calling and/or where they are located.

Companies like Aristotle provide call lists from voter records, but Lynn expressed a concern as to the quality of the voter records. Between the people who have relocated, start new households or are deceased, there is lack of integrity. That was enhanced in 2020 because of people moving all over the place due to COVID-19.

Some of the wounds for pollsters are self-inflicted. Over the years Lynn has seen slanted questions employed many times. Or there is a series of questions leading up to a predisposed outcome. This is as prevalent as sampling errors. The questions often support the idea that one candidate is going to be the winner and people have a natural affinity to backing a winner. Thus, they may indicate to the pollster they are supporting A when they ended up voting for B.

“The elephant in the room is the non-responders.” Many people just do not want to answer surveys and thus pollsters do not know what their thoughts are Lynn told me. In the case of national polling, Lynn believes there were the “shy” Trump voters, but in other cases there are similar shy voters.

Adding all these factors together, it is extremely challenging to get accurate polls. That is why the polls were off in many states in the presidential campaign, but we likewise saw situations like Senator Susan Collins losing in every poll before the election and winning by eight percentage points. As Democrat campaign advisor David Shor stated, “This was a bad year for polling.” The question is when, if ever, will there be a good year?

Lynn stated the pollsters are adjusting quickly, and working hard to get it right, but they face a daunting task. If you add up all the changes that test their established methods, it may be something they cannot overcome.

The bigger question is why we as citizens need to be told that candidate Jones is leading in the polls by six points. National news organizations thirst for this data while it does nothing for us. The polls really add nothing and can only skew the eventual outcome if people are inclined to vote for the “winner.” It is clear the campaigns may want their own polling, but why do we need the Washington Post/ABC  national poll and many others like them?

With the changing environment and the uphill climb to get accurate data from reluctant participants, it might be time to put these polls to rest and rely on the only one that counts – election day.

 

This article first appeared in Flash Report,  January 3, 2021 and is reproduced with permission from the author.

 

 

The Wall Street Journal Punts on Election Integrity

The Wall Street Journal and Investor’s Business Daily have the best editorial pages in the country.

It was with some disappointment we read their main editorial in the WSJ on December 31, 2020.

Like many in the “legacy” Conservative movement, they just want to sweep signs of election fraud under the rug and move on with a Democratic President. They don’t seem to appreciate that fully half or more of the country believes the results were fraudulent.

Election fraud is serious stuff. It is more important than any legislative act because election fraud undermines faith in the entire democratic system we have. Why engage in politics at all, if the whole game can be rigged?

We readily admit the process to solve this is quite complicated and we urge readers to sit through the entire interview conducted by The Epoch Times and reproduced in our video section.

Perhaps Democrats should have appreciated all this before they launched their fraudulent actions.

What we don’t buy is the insinuation by the WSJ that there is nothing to the charges of fraud. We think they are substantial enough to warrant some kind of judicial inquiry, Congressional hearings, or commission.

The WSJ passes out the canard that there is nothing to the fraud claims because no court has ruled as such, including some conservative justices. We say canard because the WSJ knows full well that suits have been rejected on technical grounds like standing, or time frames, and no court has actually seen any evidence and ruled on it.

Courts have repeatedly interfered in the election process, but now that they are being asked in this case to interfere, they act like this is something they should never get involved in. Gee, you can’t have it both ways, can you? Some legal consistency from the courts would be appreciated.

So, if the courts demur, then the Congress has to be involved. That is what Trump is calling for.

The WSJ says Republicans should be embarrassed “by Mr. Trump’s Electoral hustle.”

How do we know its just a hustle unless evidence is developed and then presented? As we have suggested before, if Trump has this all wrong and there is no evidence, then shame on him. However, the WSJ has resources to investigate. That is part of their job. Why do the resent citizens who have developed evidence and are begging for their case to be heard?

Near the end of their piece, they drop what may be the real reason legacy media and some Republican officials shy away from demanding election integrity.

“…what do Republicans think would happen if Mr. Pence pulled the trigger, Mr. Biden were denied 270 electoral votes, and the House chose Mr. Trump as President? Riots in the streets would be the least of it.”

So, let’s see if we get this straight. Democrats systematically cheat (or not, depending on the evidence), but we should not use the Constitutional and Judicial processes we have, because the outcome would cause Democrats to riot.

There is no right to riot. Why is only one political party given a pass on the use of violence to advance their political agenda? Why is the use of violence permitted at all?

Likely because they noticed that Democrats were rioting most of the summer, devastating cities like Minneapolis, Portland, and Seattle.

Democrats will have their say in court and they will have their say in the Congress. Why the assumption that violence will be the outcome? If the claims of election fraud are a “hustle”, Democrats will easily prevail in the process. That should be a reason they should support the process.

Further, what do they mean that rioting “would be the least of it.” Do they mean like packing the court, enlarging the Senate, or perhaps impeaching a President based on opposition party research? Democrats are quite brazen right now and capitulating would seem only to encourage them. What makes them think that looking the other way on electoral cheating and street violence will promote better behavior from Democrats?

We cannot let stand election fraud. We cannot let stand acts of violence by political parties to advance legislation or determine electoral outcomes.

We cannot accept violence as a way to get what you want. If we do, our republic will be badly damaged.

Let us have a peaceful process to determine whether or not fraud took place.

But let’s have the process proceed and not act like nothing was strange in the last election.

Reflections on Christmas 2020 and 1968

Whether they were atheist, Christian, Jewish, Muslim, Hindu, Confucian, or anything else, one of the most moving experiences of humanity was the message of the Apollo 8 astronauts on Christmas Eve, 1968, as they left lunar orbit and headed for the blue and white planet of Earth, which stood out in the blackness of space.

It is estimated that quarter of the world’s population heard the message live.

Frank Borman, Jim Lovell and Bill Anders took turns reading the first words of Genesis from the Bible. Historical photos of Mission Control in Houston show engineers in short-sleeve white shirts with tears in the eyes. Likewise, old films of scenes from around the world show people of all nationalities and races looking up at the sky in the same emotional state.

That could never have happened in 2020.

First, amazingly, when Borman had asked NASA what they should say on Christmas, officials responded that they should say something appropriate. It is unimaginable that they would’ve been given that much freedom today.

In 2020, the message would’ve been drafted by multiple committees at NASA, run past the agency’s office of diversity and inclusion, sent to the State Department for review, and from there to the White House for final revisions. After being chopped, diced and sanitized, the message would’ve been something like this:

Greetings from space. We look forward to returning to Earth to lead the fight for social justice, racial and gender equity, income equality, equal outcomes, and green energy—and as white men of European descent, to atone for slavery, colonialism, imperialism, capitalism, and fossil fuels. We pledge that astronauts on future lunar missions will be representative of all races, all ethnic groups, all genders, all sexual orientations, and all family arrangements.

We’re sorry to break it to our wives and children this way, but in that spirit of enlightenment, Frank has decided to become Francine, and Jim and Bill are going to marry each other—in a civil ceremony, of course. We hope to be chosen for the lunar landing and the planting of the United Nations flag on the moon.

With that message, tears of joy would be flowing down the cheeks of residents of San Francisco, Greenwich Village, Portland, and faculty lounges across the land.

Fifty-two years ago, all of the astronauts were white males, and almost all of Mission Control was the same. This was due to cultural norms at the time and to the GI Bill after WWII, which was a way of compensating returning soldiers for their years of service, by offering them a free college education. The bill had the unintended consequence of filling the engineering pipeline with males, to the exclusion of females.

Now, more women than men graduate from college, although not necessarily from engineering programs. And the number of African-Americans with college degrees has increased dramatically. As a result, in a positive development, if Apollo 8 took place today, Mission Control would not look like Mission Control of yesteryear.

For the men, crewcuts, pocket protectors, and slide rules would be out. Untucked shirts and scraggly beards would be in, except for those who wanted the androgynous look of android Mark Zuckerberg.

To make a statement about not wanting to be treated like sex objects, the women in Mission Control would be wearing tight yoga pants, revealing every nook and cranny of their Peloton bodies.

Woman and men, and everyone in between, in a display of their independent thinking and refusal to go along with fashion trends, would be sporting tattoos, piercings, and nose rings.

Instead of NASA’s parking lot being full of Chevy, Ford and Chrysler station wagons, it would be full of Teslas, Priuses, Subarus, and SUVs the size of the command module.

There has been lots of good news for the nation as a whole since 1968. For example, income has increased significantly from 1968, even for those at the bottom of society. In inflation-adjusted dollars, income for the bottom quintile of Americans has increased 45% over the last 52 years.

There has been lots of bad news, also. Paradoxically, for example, the percent of single-parent families has more than doubled since 1968; the suicide rate has increased 35% over the last 20 years; deaths from drug overdoses are at a record high; less than a third of Americans now say that most people can be trusted, versus the half of Americans who said that in the early 1970s; racial tensions and political divisiveness are as high as they were in 1968; record numbers of homeless are being left to live and die on city streets, and China, where COVID-19 was hatched, is demonstrating that its brand of authoritarianism and its anti-diversity policies just might prevail over America’s liberal democracy and diversity.

If current trends continue, future astronauts will be reading from Mao’s Little Red Book on Christmas Eve.

That will bring tears of joy to the residents of San Francisco, Greenwich Village, Portland, and faculty lounges across the land.

A Feel Good Story to End a Challenging Year

The year 2020 most people would love to erase from the calendar. A worldwide pandemic caused shutdowns and premature deaths. Then there was our year-long contentious national election. Let’s end the year with a story that will bring a smile to your face and possibly a tear to your eye. While it recently came to my attention, it is not new so you may have heard the story. Regardless, it is well worth reading as we launch ourselves into a much brighter 2021.

It is about a poor Mexican American kid who grew up in a Southern California household with 14 family members. He struggled in school and had meager success learning English. He left formal education in the fourth grade and went to work at odd jobs and on farms for years. Then he had a chance to get a job that was a step up.

His wife had to fill out the application because of his weak English skills. He got a janitorial position and a big pay boost to $4 per hour (this was back in 1970s). His grandfather understood something I taught my children as young adults. No matter what job you are doing be the best at it. Be proud of the job you do. His grandfather told him “make sure that floor shines. And let them know a Montañez mopped it”.

Richard set off to become the best janitor the company ever had. When he wasn’t mopping and cleaning, he started to learn about the international company for which he worked. He learned about all the company’s products, how they manufactured and marketed them and other aspects of the company. He badgered salespeople to tag along and watch them sell.

A sales slump hit the company a decade after he started there. The world-famous CEO called on all 300,000 employees to “Act like an owner.” He empowered them and Richard took that to heart.

While riding along with a salesperson, Richard noticed there was a shortcoming with one of the major products of the company. It has some varieties, but none that really appealed to the burgeoning Hispanic population. While visiting a store in a Latino neighborhood, this product was placed next to Mexican spices on the rack, but none of those spices were used. He thought Mexicans like spicy and there were no spicy or hot options.

He went home with some of the product from the plant and started testing. He started putting a homemade chili powder on the product. He gave samples to friends and family who found it be a winner. The product was ready to present. Richard just had to get the nerve to make the call.

When he was ready, he called the CEO’s office.

“Mr. Enrico’s office, who is this?”

“Richard Montañez, In California.”

“You’re the VP overseeing California?

“No, I work at the Rancho Cucamonga plant.”

“Oh, so you’re the VP of ops?”

“No, I work inside the plant.”

“You’re the manager?”

“No, I’m the janitor.”

Mr. Enrico took the call. He loved the initiative. He instructed Richard to prepare a presentation and set a meeting two weeks hence when Enrico was planning a visit to the plant. Richard went about studying marketing.Then the day for the meeting came.

The janitor walked into the room with the head honcho together with his support team. After taking a deep breath he started telling the people what he had learned about the company and what he had been working on. He presented the bags with his product inside that he had sealed with a clothing iron and hand decorated with a logo on each.

When he finished his presentation the room fell silent. After a few moments the great Roger Enrico looked at him and said “Put that mop away, you are coming with us.”

From that meeting Frito-Lay birthed Flamin’ Hot Cheetos. It became one of the company’s most successful product launches. It became a cultural sensation.

*****

This article is reproduced by permission of the author. It first appeared in Flash Report December 30, 2020.

Arizona Attorney General Joins in Battle for Forensic Audit

Arizona Attorney General Mark Brnovich on Wednesday joined in the battle for a forensic audit of Maricopa County elections equipment and ballot images.

Mr. Brnovich filed an amicus brief in support of the Senate subpoenas.

A couple weeks ago the Maricopa Board of Supervisors voted 4-1 to refuse to comply with legislative subpoenas to turn over Dominion voting machines for a forensic audit. Instead of supporting transparency and making sure there was a free and fair election, they filed a complaint in Superior Court.

Subpoenas were previously issued for the machines by the Arizona Senate Judiciary.

“The goal is to verify the machines did what they are supposed to do,” Senate President Karen Fann said.

Continue reading at the Gateway Pundit.

Twelve Times the Lockdowners Were Wrong

This has been a year of astonishing policy failure. We are surrounded by devastation conceived and cheered by intellectuals and their political handmaidens. The errors number in the thousands, so please consider the following little more than a first draft, a mere guide to what will surely be unearthed in the coming months and years. We trusted these people with our lives and liberties and here is what they did with that trust.

1. Anthony Fauci says lockdowns are not possible in the United States (January 24):
When asked about the mass quarantine containment efforts underway in Wuhan, China back in January, Fauci dismissed the prospect of lockdowns ever coming to the United States:

“That’s something that I don’t think we could possibly do in the United States, I can’t imagine shutting down New York or Los Angeles, but the judgement on the part of the Chinese health authorities is that given the fact that it’s spreading throughout the provinces… it’s their judgement that this is something that in fact is going to help in containing it. Whether or not it does or does not is really open to question because historically when you shut things down it doesn’t have a major effect.”

Less than two months later, 43 of 50 US states were under lockdown – a policy advocated by Fauci himself.

2. US government and WHO officials advise against mask use (February and March)
When mask sales spiked due to widespread individual adoption in the early weeks of the pandemic, numerous US government and WHO officials took to the airwaves to describe masks as ineffective and discourage their use.

Surgeon General Jerome Adams tweeted against masks on February 29. Anthony Fauci publicly discouraged mask use in a nationally broadcast 60 Minutes interview on March 7. At a March 30 World Health Organization briefing its Director-General supported mask use in medical settings but dissuaded the same in the general public.

By mid-summer, all had reversed course and encouraged mask-wearing in the general public as an essential tool for halting the pandemic. Fauci essentially conceded that he lied to the public in order to prevent a shortage on masks, whereas other health officials did an about-face on the scientific claims around masking.

While mainstream epidemiology literature stressed the ambiguous nature of evidence surrounding masks as recently as 2019, these scientists were suddenly certain that masks were something of a magic bullet for Covid. It turns out that both positions are likely wrong. Masks appear to have marginal effects at diminishing spread, especially in highly infectious settings and around the vulnerable. But their effectiveness at combating Covid has also been grossly exaggerated, as illustrated by the fact that mask adoption reached near-universal levels in the US by the summer with little discernible effect on the course of the pandemic.

3. Anthony Fauci’s decimal error in estimating Covid’s fatality rates (March 11)
Fauci testified before Congress in early March where he was asked to estimate the severity of the disease in comparison to influenza. His testimony that Covid was “10 times more lethal than the seasonal flu” stoked widespread alarm and provided a major impetus for the decision to go into lockdown.

The problem, as Ronald Brown documented in an epidemiology journal article, is that Fauci based his estimates on a conflation of the Infection Fatality Rate (IFR) and Case Fatality Rate (CFR) for influenza, leading him to exaggerate the comparative danger of Covid by an order of magnitude. Fauci’s error – which he further compounded in a late February article for the New England Journal of Medicine – helped to convince Congress of the need for drastic lockdown measures, while also spreading panic in the media and general public. As of this writing Fauci has not acknowledged the magnitude of his error, nor has the journal corrected his article.

4. “Two weeks to flatten the curve” (March 16)
The lockdowners settled on a catchy slogan in mid-March to justify their unprecedented shuttering of economic and social life around the globe: two weeks to flatten the curve. The White House Covid task force aggressively promoted this line, as did the news media and much of the epidemiology profession. The logic behind the slogan came from the ubiquitous graph showing (1) a steep caseload that would overwhelm our hospital system, or (2) a mitigated alternative that would spread the caseload out over several weeks, making it manageable.

To get to graph #2, society would need to buckle up for two weeks of shelter-in-place orders until the capacity issue could be managed. Indeed, we were told that if we did not accept this solution the hospital system would enter into catastrophic failure in only 10 days, as former DHS pandemic adviser Tom Bossert claimed in a widely-circulated interview and Washington Post column on March 11.

Two weeks came and went, then the rationale on which they were sold to the public shifted. Hospitals were no longer on the verge of being overwhelmed – indeed most hospitals nationwide remained well under capacity, with only a tiny number of exceptions in the worst-hit neighborhoods of New York City.

A US Navy hospital ship sent to relieve New York departed a month later after serving only 182 patients, and a pop-up hospital in the city’s Javits Convention Center sat mostly empty. But the lockdowns remained in place, as did the emergency orders justifying them. Two weeks became a month, which became two months, which became almost a year. We were no longer “flattening the curve” – a strategy premised on saving the hospital system from a threat than never manifested – but instead refocused on using lockdowns as a general suppression strategy against the disease itself. In short, the epidemiology profession sold us a bill of goods.

5. Neil Ferguson predicts a “best case” US scenario of 1.1 million deaths (March 20)
The name Neil Ferguson, the lead modeler and chief spokesman for Imperial College London’s pandemic response team, has become synonymous with lockdown alarmism for good reason. Ferguson has a long track record of making grossly exaggerated predictions of catastrophic death tolls for almost every single disease that comes along, and urging aggressive policy responses to the same including lockdowns.

Covid was no different, and Ferguson assumed center stage when he released a highly influential model of the virus’s death forecasts for the US and UK. Ferguson appeared with UK Prime Minister Boris Johnson on March 16 to announce the shift toward lockdowns (with no small irony, he was coming down with Covid himself at the time and may have been the patient zero of a super-spreader event that ran through Downing Street and infected Johnson himself).

Across the Atlantic, Anthony Fauci and Deborah Birx cited Ferguson’s model as a direct justification for locking down the US. There was a problem though: Ferguson had a bad habit of dramatically hyping his own predictions to political leaders and the press. The Imperial College paper modeled a broad range of scenarios including death tolls that ranged from tens of thousands to over 2 million, but Ferguson’s public statements only stressed the latter – even though the paper itself conceded that such an extreme “worst case” scenario was highly unrealistic. A telling example came on March 20th when the New York Times’s Nicholas Kristof contacted the Imperial College modeler to ask about the most likely scenario for the United States. As Kristof related to his readers, “I asked Ferguson for his best case. “About 1.1 million deaths,” he said.”

6. Researchers in Sweden use the Imperial College model to predict 95,000 deaths (April 10)
After Neil Ferguson’s shocking death toll predictions for the US and UK captivated policymaker attention and drove both governments into lockdown, researchers in other countries began adapting the Imperial College model to their own circumstances. Usually, these models sought to reaffirm the decisions of each country to lock down. The government of Sweden, however, had decided to buck the trend, setting the stage for a natural experiment to test the Imperial model’s performance.

In early April a team of researchers at Uppsala University adapted the Imperial model to Sweden’s population and demographics and ran its projections. Their result? If Sweden stayed the course and did not lock down, it could expect a catastrophic 96,000 deaths by early summer. The authors of the study recommended going into immediate lockdown, but since Sweden lagged behind Europe in adopting such measures they also predicted that this “best case” option would reduce deaths to “only” 30,000.

By early June when the 96,000 prediction was supposed to come true, Sweden had recorded 4,600 deaths. Six months later, Sweden has about 8,000 deaths – a severe pandemic to be sure, but an order of magnitude smaller than what the modelers predicted. Facing embarrassment from these results, Ferguson and Imperial College attempted to distance themselves from the Swedish adaptation of their model in early May. Yet the Uppsala team’s projections closely matched Imperial’s own UK and US predictions when scaled to reflect their population sizes. In short, the Imperial model catastrophically failed one of the few clear natural experiment tests of its predictive ability.

7. Scientists suggest that ocean spray spreads Covid (April 2)
In the second week of the lockdowns several newspapers in California promoted a bizarre theory: Covid could spread by ocean spray (although the paper later walked back the headline-grabbing claim, it is outlined here in the Los Angeles Times). According to this theory – initially promoted by a group of biologists who study bacterial infection connected to storm runoff – the Covid virus washed down storm gutters and into the ocean, where the ocean breeze would kick it up into the air and infect people on the nearby beaches. As silly as this theory now sounds, it helped to inform California’s initially draconian enforcement of lockdowns on its public beaches.

The same week that this modern-day miasmic drift theory appeared, police in Malibu even arrested a lone paddleboarder for going into the ocean during the lockdown – all while citing the possibility that the ocean breeze carried Covid with it.

8. Neil Ferguson predicts catastrophic death tolls in US states that reopen (May 24)
Fresh off of their exaggerated predictions from March, the Imperial College team led by Neil Ferguson doubled down on alarmist modeling. As several US states started to reopen in late April and May, Ferguson and his colleagues published a new model predicting another catastrophic wave of deaths by the mid-summer. Their model focused on 5 states with both moderate and severe outbreaks during the first wave. If they reopened, according to the Imperial team’s model, New York could face up to 3,000 deaths per day by July.

Florida could hit as high as 4,000, and California could hit 5,000 daily deaths. Keeping in mind that these projections were for each state alone, they exceed the daily death toll peaks for the entire country in both the fall and spring. Showing just how bad the Imperial model was, the actual death toll by mid-July in several of the examined states even fell below the lower confidence boundary of its projected count. While Covid remains a threat in all 5 states, the post-reopening explosion of deaths predicted by Imperial College and used to argue for keeping the lockdowns in place never happened.

9. Anthony Fauci credits lockdowns for beating the virus in Europe (July 31)
In late July Anthony Fauci offered additional testimony to Congress. His message credited Europe’s heavy lockdowns with defeating the virus, whereas he blamed the United States for reopening too early and for insufficient aggressiveness in the initial lockdowns. As Fauci stated at the time, “If you look at what happened in Europe, when they shut down or locked down or went to shelter in place — however you want to describe it — they really did it to the tune of about 95% plus of the country did that.”

The message was clear: the United States should have followed Europe, but failed to do so and got a summer wave of Covid instead. Fauci’s entire argument however was based on a string of falsehoods and errors.

Mobility data from the US clearly showed that most Americans were staying home during the spring outbreak, with a recorded decline that matched Germany, the Netherlands, and several other European countries. Contrary to Fauci’s claim, the US was actually slower than most of Europe to reopen. Furthermore, his praise of Europe collapsed in the early fall when almost all of the lockdown countries in Europe experienced severe second waves – just like the locked down regions of the United States.

10. New Zealand and Australia declare themselves Covid-free (August-present)
New Zealand and Australia have thus far weathered the pandemic with extremely low case counts, leading many epidemiologists and journalists to conflate these results with evidence of their successful and replicable mitigation policies. In reality, New Zealand and Australia opted for the medieval ‘Prince Prospero’ strategy of attempting to wall themselves from the world until the pandemic passes – an approach that is highly dependent on their unique geographies.

As island nations with comparatively lower international travel than North America and Europe, both countries shut down their borders before the as-of-yet undetected virus became widespread and have remained closed ever since. It’s a costly strategy in terms of its economic impact and personal displacement, but it kept the virus out – mostly.

The problem with New Zealand and Australia’s Prince Prospero strategy is that it’s inherently fragile. All it takes to throw it into chaos is for the virus to slip past the border – including by accident or human error. Then heavy-handed lockdowns ensue, imposed with maximum disruption at the spur of the moment in a frantic attempt to contain the breach.

The most famous example happened on August 9 when New Zealand’s Prime Minister Jacinda Ardern declared that New Zealand had reached 100 days of being Covid-free. Then just two days later a breach happened, sending Auckland into heavy lockdown. It’s a pattern that has repeated itself every few weeks in both countries.

In early December, we saw a similar flurry of stories from Australia announcing that the country had beaten Covid. Two weeks later, another breach occurred in the suburbs around Sydney, prompting a regional lockdown. There have been embarrassing missteps as well. In November the entire state of South Australia went into heavy lockdown over a single misreported case of Covid that was mistakenly attributed to a pizza purchase that did not exist. While both countries continue to celebrate their low fatality rates, they’ve also incurred some of the harshest and most disruptive restrictions in the world – all the result of premature declarations of being “Covid-free” followed by an unexpected breach and another frantic lockdown.

11. “Renewed lockdowns are just a strawman” (October)
In early October a group of scientists met at AIER where they drafted and signed the Great Barrington Declaration, a statement calling attention to the severe social and economic harms of lockdowns and urging the world to adopt alternative strategies for ensuring the protection of the most vulnerable. Although the statement quickly gathered tens of thousands of co-signers from health science and medical professionals, it also left the lockdown supporters incensed. They responded not by scientific debate over the merits of their policies, but with a vilification campaign.

They answered by flooding the petition with hoax signatures and juvenile name-calling, and by peddling wildly false conspiracy theories about AIER’s funding (the primary instigator of both tactics, ironically, was a UK blogger known for promoting 9/11 Truther conspiracies). But the lockdowners also adopted another narrative: they began to deny that lockdowns were even on the table.

Nobody was considering bringing back the lockdowns from the spring, they insisted. Arguing against the politically unpopular shelter-in-place orders in the fall only served the purpose of undermining public support for narrower and more temperate restrictions. The Great Barrington authors, we were told, were arguing with a “strawman” from the past.

Over the next several weeks in October a dozen or more prominent epidemiologists, public health experts, and journalists peddled the “lockdowns are a strawman” line. The “strawman” claim saw promotion in top outlets including the New York Times, and in an op-ed by two principle co-signers of the John Snow Memorandum, a competing petition that lockdown supporters drafted as a response to the Great Barrington Declaration.

The message was clear: the GBD was sounding a false alarm against policies from the past that the lockdowners “reluctantly” supported in the spring as an emergency measure but had no intention of reviving. By early November, the “strawman” of renewed lockdowns became a reality in dozens of countries across the globe – often cheered on by the very same people who used the “strawman” canard in October.

Several US states followed suit including California, which imposed severe restrictions on private gatherings up to and including meeting your own family for Thanksgiving and Christmas. And a few weeks after that, some of the very same epidemiologists who used the “strawman” line in October revised their own positions after the fact. They started claiming they had supported a second lockdown all along, and began blaming the GBD for impeding their efforts to impose them at an earlier date. In short, the entire “lockdowns are a strawman” narrative was false. And it now appears that more than a few of the scientists who used it were actively lying about their own intentions in October.

12. Anthony Fauci touts New York as a model for Covid containment (June-December)
By all indicators, New York state has suffered one of the worst coronavirus outbreaks in the world. Its year-end mortality rate of almost 1,900 deaths per million residents exceeds every single country in the world. The state famously bungled its nursing home response when Governor Andrew Cuomo forced these facilities to readmit Covid-positive patients as a way to relieve strains on hospitals. The policy backfired as most hospitals never reached capacity, but the readmissions introduced the virus into vulnerable nursing home populations resulting in widespread fatalities (to this day New York intentionally undercounts nursing home fatalities by excluding residents who are moved to a hospital from its reported numbers, further obscuring the true toll of Cuomo’s order).

New York has also fared poorly during the fall “second wave” despite reimposing harsh restrictions and regional lockdown measures. By mid-December, its death rate shot far above the mostly-open state of Florida, which has the closest comparable population size to New York. All things considered, New York’s weathering of the pandemic is an exemplar of what not to do.

Cuomo’s policies not only failed to contain the virus – they likely made it far more deadly to vulnerable populations. Enter Anthony Fauci, who has been asked multiple times in the press what a model Covid response policy would look like. He gave his first answer on July 20th: “We know that, when you do it properly, you bring down those cases. We have done it. We have done it in New York.”

Fauci was operating under the assumption that New York, despite its bad run in the spring, had successfully brought the pandemic under control through its aggressive lockdowns and slow reopening. One might think that the fall rebound in New York, despite locking down again, would call this conclusion into question. Not so much for Dr. Fauci, who told the Wall Street Journal on December 8: “New York got hit really badly in the beginning” but they did “a really good job of keeping things down, and still, their level is low compared to the rest of the country.”

*****

Phil Magness is a Senior Research Fellow at the American Institute for Economic Research. He is the author of numerous works on economic history, taxation, economic inequality, the history of slavery, and education policy in the United States.

This article was published on December 26, 2020 at American Institute for Economic Research (AIER)  and is reprinted with permission.