Clive Crook: Harris should reflect on what liberalism means

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The U.S. has rarely seemed as divided by politics. The parties’ leaders and most energetic supporters see their opponents as enemies more than fellow citizens, and as a mortal threat to their hopes for the American project. Many Americans with lives beyond politics see this framing of what’s at stake — politics as a fight to the finish over the nation’s soul — as the real danger.

Hyperbolic divisiveness is one big reason why steady substantial majorities tell pollsters that the country is on the wrong track, regardless of who’s in power. Could the coming election make a difference? Division is second nature for Donald Trump; it’s hard to imagine him any other way. But there’s an opening here for Kamala Harris, if she chooses to grasp it.

This isn’t just about moving to the center, wise as that would be in many areas of policy. It’s about understanding that most Americans are liberal in the original sense of the term — and that the most committed political combatants are not. The disconnect that matters is between America’s fiercest political warriors, progressive and conservative alike, and the country they claim to stand for.

Western liberalism, as conceived in the U.S., says individuals are equal before the law. The new nation denied the full rights of citizenship to women and enslaved people, but this shouldn’t disguise the revolutionary character of liberalism at the outset. The idea that rights are pre-ordained according to social rank had ancient roots and through most of human history simply wasn’t questioned. The U.S. established itself in opposition to that creed. The great majority of Americans understand this and are rightly proud of it.

This idea of liberalism makes demands on day-to-day politics. Notice that “liberal” has two complementary meanings — one concerned with freedom (“liberty”) and the other with generosity (“liberality”). A system that insists on the equal rights of individuals breaks down without a measure of tolerance, open-mindedness and unselfishness toward one’s fellow citizens. “Equal rights” points to democracy as the only legitimate form of government, and by the same reasoning demands civility, mutual respect and a willingness to lose the argument — not because it’s nice to be polite, but because liberalism is a culture of equal standing.

Liberalism expects forthright disagreement on the proper role of state versus market, the scope of the safety net, the design of immigration laws and all the other hard questions that modern democracies must confront, and even on the values and beliefs people hold most dear. It doesn’t advance one true faith or hope to build the perfect society. Its overriding purpose is to let individuals disagree peacefully and productively as they pursue their own ideas of the good life, always respecting the rights of others to do the same.

Americans need no schooling on all this. They are instinctively liberal in the sense I’m invoking. As an immigrant, I can attest that these quintessentially liberal traits — freedom and fellowship — are also characteristically American. But the country’s political leaders and their most ardent supporters have other priorities. Progressive or conservative, they have a fight to win, and liberal restraint is often unhelpful.

Trump’s critics rightly draw attention to his illiberal or anti-liberal propensities — especially his efforts to overturn the election of 2020. His conduct over that was despicable and ought to be disqualifying. But which norm of liberal propriety calls for the Supreme Court to be packed if it renders judgments Democrats dislike? Why is it illiberal for Trump to contemplate firing hundreds of civil servants he deems to be obstructive but liberal for unelected regulators to act as legislators in all but name? “Lawfare,” celebrated by many Democrats as the remedy for Trump and his works, is a euphemism for selective prosecution and makes a mockery of equality before the law.

Trump’s angriest critics demand “liberal democracy” at any price while scorning the fathomless stupidity of roughly half their fellow citizens. So much for equal standing. The left’s most illiberal instincts have mirrored the right’s in a politics of competing catastrophisms, the death of democracy on one side and the death of freedom on the other. The watchword for responding to existential threats is always “by any means necessary” — the sentiment that crystallizes the illiberal worldview.

How might Harris respond? I wouldn’t have recommended “the politics of joy” as a campaign theme: It sounds slightly deranged. Still, it’s more appealing to liberals than the politics of rage or the politics of dread. Liberalism, I’m arguing, is as much about temperament as ideology, and the liberal temperament is optimistic.

On policy, to be sure, Harris is largely unformed and often uninformed. First a steely prosecutor, then a police defunder; in 2020 she was memorably in favor of “Medicare for All” until somebody explained what it meant; in 2024 she sees high food prices and thinks, “gouging.” For campaigning purposes, however, lack of conviction plus a sense of what most people want to hear could be a vote-winner. It was striking that “freedom” and “opportunity” figured so prominently at the Democratic Party’s convention. Both are impeccably liberal ideas, standing in marked contrast to the illiberal left’s preferred “equality” (of outcome) and “justice” (as in, “no justice, no peace”).

Whether Harris, if elected, would govern as the kind of liberal that voters want is another question. Barack Obama promised to unify the country but governed as if he wished to reinvent it. Biden cast himself as the right kind of liberal in 2020 then bowed to progressives who think “opportunity,” as opposed to “equity,” misses the point. The mere fact that Harris campaigned as a liberal would give voters no reason to believe she’d depart from this pattern once basking in the joy of victory.

On the other hand, as I say, Americans are optimists — and the alternative is Trump.

Clive Crook is a Bloomberg Opinion columnist and member of the editorial board covering economics. Previously, he was deputy editor of the Economist and chief Washington commentator for the Financial Times.

Noah Feldman: New Trump charges expose the Supreme Court’s failings

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Jack Smith is calling the Supreme Court’s bluff.

In the wake of the court’s controversial decision earlier this summer granting Donald Trump criminal immunity for official acts committed while president, Smith has refiled his indictment charging Trump with offenses connected to Jan. 6. This time, he has left out conduct the justices identified as clearly official while leaving in conduct where the justices said there were still complicated issues to be resolved.

No trial will take place before the election. But if Kamala Harris becomes president and the federal district court allows the remaining charges to proceed, Trump could still find himself facing trial for trying to subvert the outcome of the 2020 election. Then the case would wend its way back to the Supreme Court, which would be forced to confront the consequences of its immunity decision.

In a sense, Smith’s decision to refile charges goes all the way back to April, when the Supreme Court heard oral arguments in the immunity case. Then, Justice Amy Coney Barrett walked Trump’s lawyer through a series of elements of the criminal allegations, getting him to admit that each involved private conduct, not official presidential acts. As I noted at the time, Barrett was trying to create a roadmap for Smith to keep the prosecution alive even if the court issued a sweeping judgment requiring immunity for official acts, as indeed it did.

Concessions at oral argument don’t have the force of law in subsequent criminal proceedings, especially given that those concessions happened before the Supreme Court laid out its new (and extreme) legal standards for presidential immunity.

But Barrett’s efforts at oral argument at least sent Smith the message that he had the option of keeping the criminal case alive. For him not to have refiled charges would have seemed like throwing in the towel — not a good look for any federal prosecutor, and especially not for someone as tenacious by reputation as Smith.

The main shift in the new indictment is to categorize Trump as having acted criminally in his private capacity as a candidate for office in 2020, not as a sitting president. The shift follows the Supreme Court’s logic in immunizing Trump for official acts. And the new characterization is plausible, given that Trump was indeed trying as a citizen, not as president, to be reelected.

What is lost in the transition to the new formulation is the reality that Trump also tried to use his powers as sitting president to advance his private interests — a key part of the original indictment. Gone are the allegations of Trump conspiring with Department of Justice officials to get legitimate election results thrown out.

Removing the allegations that Trump abused his official powers is the only available legal strategy for Smith now that the court has ruled. The special prosecutor has no other choice.

The change, however, dramatizes part of what was so wrong with the Supreme Court’s opinion. It simply cannot be part of the genuine official powers of the president of the United States to criminally interfere with lawful election results. Immunizing Trump’s alleged conduct committed using his presidential powers subverts the rule of law. It all but invites future bad-actor presidents, potentially including Trump, to make sure their criminal acts have an official cast to avoid prosecution.

If Trump is elected, his Justice Department will withdraw the criminal charges against him, and Smith’s refiling will end up in the dustbin of history. When the Supreme Court decided the immunity case at the beginning of July, Joe Biden was still the Democratic candidate, and Trump’s victory seemed very probable. Now, with Kamala Harris as the Democratic candidate, the odds look very different. So Smith’s decision to refile isn’t merely the honorable act of a warrior sure to go down in the fight.

Similarly, Smith’s decision to appeal the dismissal of the charges brought against Trump in federal district court in Florida — the charges on retaining classified documents — will be more than symbolic if Trump loses the election.

But even in the scenario where Harris becomes president and the case goes forward, the Supreme Court will get the last word. Trump will appeal a decision by the federal district court in Washington to let these charges stand. After passing through the U.S. Court of Appeals for the D.C. Circuit, such an appeal would end up with the justices. They would then have to apply the rules that they created in July.

The upshot is that Trump could still conceivably face conviction and sentencing in federal court. But don’t count on that happening anytime soon.

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Other voices: Harris should fight Trump with a better Bidenomics

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Unsurprisingly, Vice President Kamala Harris’s economic program is shaping up to be Bidenomics 2.0 — which is mostly a good thing. An emphasis on the energy transition and wider economic opportunity is quite right. The question is whether her administration will aim to strengthen the first version or double down on its weaknesses.

The spending plans Harris has started to outline are a more expansive version of President Joe Biden’s latest budget. Notably, they include substantially bigger increases in the Child Tax Credit (with a credit of $6,000 for newborns). Desirable as this and other new outlays might be, they aren’t free, and there’s little sign yet of how they’ll be paid for.

Without Harris’s enhancements, the administration’s budget envisaged deficits of close to 5% of gross domestic product over the coming decade, with net public debt remaining well over 100% of GDP. This assumes higher taxes on corporations, robust economic growth and no new downturns. It also assumes that most of Donald Trump’s 2017 tax cuts are allowed to expire at the end of next year. Yet Harris affirms Biden’s promise that taxes won’t go up for the vast majority of Americans (those making less than $400,000). How will the additional costs be covered? No answer.

Harris says she’s committed to fiscal responsibility and plans to make the richest Americans and the biggest corporations pay their “fair share.” In truth, without higher taxes on many middle-class households, the government’s debts will continue to mount unsustainably. She can reject broadly based tax increases or be a fiscally responsible president — but, with these new spending ambitions, she can’t honestly promise both.

Along with fiscal excess, the other main defect in Bidenomics has been failing to see how market forces can enhance or cripple well-intentioned interventions. Harris rightly promises to increase the supply of housing, recognizing that the gap between supply and demand is why home prices have surged. Yet she also promises first-time buyers a subsidy of $25,000 — again, a more generous version of a proposal in Biden’s budget. Aside from the budgetary cost, the problem is obvious: With demand outpacing supply, this new credit will mostly push prices higher and be collected by sellers.

Another such error — widely panned, including by some Democrats — is her promised “first-ever federal ban on price gouging on food and groceries.” Food prices soared during the pandemic because of supply disruptions and heavy demand fueled by public support, not because of “bad actors” in a highly competitive industry with slender margins. Price controls have been tried in country after country, time and again. They invariably fail.

It bears emphasizing that Harris’s economic agenda, flawed as it might be, would still be preferable to Trump’s — whether his proposals are taken either literally or seriously. Harris has rightly attacked the former president’s idea of a comprehensive new tariff, for instance. (“We are going to have 10% to 20% tariffs on foreign countries that have been ripping us off for years,” as he put it.) That’s a recipe for higher consumer prices, reduced growth and deteriorating global relations.

Harris could underline the threat Trump poses to American prosperity more effectively by standing up for fiscal responsibility, restraining her appetite for micro-management and recognizing the market economy as her ally in serving the public.

— The Bloomberg Opinion Editorial Board

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Today in History: August 30, hundreds rescued across flooded New Orleans in wake of Hurricane Katrina

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Today is Friday, Aug. 30, the 243rd day of 2024. There are 123 days left in the year.

Today in history:

On Aug. 30, 2005, a day after Hurricane Katrina hit, floods covered 80 percent of New Orleans, looting continued to spread and rescuers in helicopters and boats picked up hundreds of stranded people.

Also on this date:

In 1916, on his fourth attempt, explorer Ernest Shackelton successfully returned to Elephant Island in Antarctica to rescue 22 of his stranded crew members, who had survived on the barren island for four and a half months after the sinking of their ship, the Endurance.

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Today in History: August 26, French general leads victory march through Paris

In 1941, during World War II, German forces approaching Leningrad cut off the remaining rail line out of the city.

In 1945, U.S. Gen. Douglas MacArthur arrived in Japan to set up Allied occupation headquarters.

In 1963, the “Hot Line” communications link between Washington and Moscow went into operation.

In 1967, the Senate confirmed the appointment of Thurgood Marshall as the first Black justice on the U.S. Supreme Court.

In 2021, the United States completed its withdrawal from Afghanistan, ending America’s longest war with the Taliban back in power, as Air Force transport planes carried a remaining contingent of troops from Kabul airport. After watching the last U.S. planes disappear into the sky over Afghanistan, Taliban fighters fired their guns into the air, celebrating victory after a 20-year insurgency.

In 2022, Mikhail Gorbachev, who was the last leader of the Soviet Union, and waged a losing battle to salvage a crumbling empire but produced extraordinary reforms that led to the end of the Cold War, died at age 91.

Today’s Birthdays:

Investor and philanthropist Warren Buffet is 94.
Actor Elizabeth Ashley is 85.
Actor John Kani is 82.
Cartoonist Robert Crumb is 81.
Olympic gold medal skier Jean-Claude Killy (zhahn-KLOHD’ kee-LEE’) is 81.
Comedian Lewis Black is 76.
Basketball Hall of Famer Robert Parish is 71.
U.S. Senator Thom Tillis, R-N.C., is 64.
Actor Michael Chiklis is 61.
Actor Cameron Diaz is 52.
TV personality/journalist Lisa Ling is 51.
Former MLB pitcher Adam Wainwright is 43.
Former professional tennis player Andy Roddick is 42.
Singer-songwriter Bebe Rexha is 35.