December 9, 2018

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Literary Hoaxes and the Ethics of Authorship

What happens when we find out writers aren’t who they said they were.



LOUIS MENAND, NEW YORKER

If a book is good, if it’s artful, entertaining, and informative, should it matter who the author is? Once upon a time, many readers would have said no. It was a long-standing protocol of book appreciation to consider things like the gender, sexuality, ethnicity, personal vices, personal virtues (if any), and prior reputation of the author irrelevant to a book’s merits. You could disapprove of a writer’s politics and prejudices if they showed up in the text; otherwise, they were customarily bracketed off.

When people had an issue with the author, it was because they felt that he or she had violated what is known in narratology as the “autobiographical pact.” This is the tacit understanding that the person whose name is on the cover is identical to the narrator, the “I,” of the text. The pact obviously governs our expectations about memoirs, but it extends in a more general way to books in which the speaker or the protagonist is presented as a fictionalized version of the author (so-called “autofiction”), and it extends even to straight-up fiction: if the name on the cover seriously misleads us about the identity of the author, we can feel we have been taken in.

Image result for A Million Little Pieces.”

There have always been writers who cheated on the pact. A case most people know is that of James Frey’s 2003 memoir of recovery from addiction to alcohol and crack cocaine, “A Million Little Pieces.” The book was hugely popular, but it turned out to be partly fabricated, something Frey was forced to admit on television under the interrogation of Oprah Winfrey, who had chosen “A Million Little Pieces” for her book club and thereby made it a best-seller.
The auto-da-fé took place in 2006, and the publicity turned Frey’s name into a synonym for memoir fraud. At the time, Frey’s exposure and humiliation struck many people as just deserts. But there have been at least three traditional lines of defense for books like “A Million Little Pieces.”

One, used for popular autobiographies whose strict veracity has been questioned, such as “The Autobiography of Malcolm X” or “I, Rigoberta Menchú,” is the surrogacy defense. This is the theory that, although a particular event recounted in the book may not have happened to the author, it happened to someone. Such a book, then, is really the life story of a group. The memoirist should be understood as representing all African-American men in the era of Jim Crow, or all indigenous people in Guatemala. Experiences common to the group are therefore legitimately represented as happening to a single, quasi-allegorical figure.

Another strategy is the higher-truth defense. This is the argument that fabrications and exaggerations in books like these are in the service of more fully conveying “what it is really like” to be Guatemalan or in recovery or whatever the theme of the life story happens to be. “A Million Little Pieces” tries to capture the experience of recovering from addiction. Readers don’t care whether these things literally happened to James Frey, because they didn’t buy the book to find out about James Frey. They bought it to learn about addiction and recovery. James Frey’s job as a writer is only to convey that experience.

And then there is what might be called the literature professor’s defense. This is the argument that the distinction between fact and fiction, although it may appear fundamental, is a fairly recent development in the history of writing, only two or three centuries old. Along with that distinction came the practice of putting the author’s name on a book, and along with both of those came the ideology of authenticity—the belief that literary expression must be genuine and original.

The literature professor’s point is that placing social value on concepts like authenticity is an invitation to manufacture them. A certain style of writing can come across as more authentic, and this can help a book gain status in the literary marketplace. Why did many readers become infatuated with Karl Ove Knausgaard’s multivolume work “My Struggle”? Because the books read as authentic—so powerfully authentic that, at this point, if Knausgaard were to tell everyone he made it all up, no one would believe him.

“My Struggle” performs authenticity beautifully, and the literature professor asks why we should want anything more than that. Forget about whether the story “truly” happened to some “real” person—a philosophical rabbit hole. We are judging words on a page. Either they work for us or they don’t.

Literature professors were comfortable with this kind of argument because they thought of identity as something that was hybrid, intersubjective, performed. The idea that you could draw a straight line from the text back to some fixed and knowable entity called “the author” was naïve. So was the idea that you could draw a straight line from the text outward to some external stuff called “reality.” The fact/fiction distinction was unstable, always contested, and so on.
But that was then, and this, to put it mildly, is now. The rules have changed. The ethics of authorship are completely different. In academic discourse, hybridity is out; intersectionality is in. People are imagined as the sum of their race, gender, sexuality, ableness, and other identities. Individuals not only bear the entire history of these identities; they “own” them. A person who is not defined by them cannot tell the world what it is like to be a person who is. If you were not born it, you should not perform it.

In the culture industries, the identity and the personal history of artists have become unbracketed. Critics worry about whether it’s still ethical to admire Woody Allen’s movies or Louis C.K.’s standup routines. And the view that certain characters are out of bounds for novelists who don’t share their identities, although it seems to contradict a basic premise of fiction writing, has penetrated the world of publishing.

As for the public discourse, it is almost completely corrupted by mendacity. The political lie has achieved a kind of unholy immunity, such that when liars are caught they no longer complain that they have been misunderstood. They “double down” on the lie as shamelessly as possible. An accepted way to respond to someone who accuses you of lying is to accuse that person of lying, an invitation for people to choose the falsehoods that suit them, since it’s all fake anyway. In these circumstances, it would be nice to put some bones back into the old fact/fiction distinction.

This is where Christopher L. Miller’s smart and engaging study, “Impostors: Literary Hoaxes and Cultural Authenticity” (Chicago), enters the conversation. Miller is a literature professor at Yale, so he has been around the “death of the author”/“there is no ‘outside the text’ ” block a few times. He says that he was drawn to the subject of hoaxes because he was interested in the games they play with readers’ expectations—that is, for old-fashioned literature-professor reasons.

But as he was working on the book the world turned, and he realized that fakery is no longer just a classroom sport. “It is harder to see the fun in deception when the fate of the world seems to depend on resisting lies, ‘alternative facts,’ and ‘fake news,’ ” as he puts it. It seems to have taken the election of a man who is the personification of perspectivalism to reset the ethical calibrations of literary criticism.

There is a whole taxonomy of authorial falsification, from ghostwriters and noms de plume to plagiarism and forgery, and within each species there are moral boundaries. No one feels betrayed by the revelation that the mystery writer Ellery Queen was really two people, neither of whom was named Queen, or that Franklin W. Dixon, whose name is on the cover of the Hardy Boys detective stories, did not exist, and that the books were written by a series of contract writers. (Well, as an early devotee and binge reader of the Hardy Boys books, I was a little crushed when I learned this.) Pen names are accepted in genre fiction: Saki, O. Henry, Amanda Cross. They are understood to belong to the package, to be part of the entertainment. Readers are not being tricked.

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Mary Anne Evans was trying to trick readers by pretending to be a male author named George Eliot. But many women writers have adopted male names, and some still do, or use initials to go gender-neutral. It’s an accepted convention. J. K. Rowling’s publishers thought that she would sell more books to boys if they did not know her name was Joanne. On the other hand, people were upset when, in 2015, a writer named Michael Derrick Hudson got poems accepted for inclusion in “The Best American Poetry” under the name Yi-Fen Chou.

Hoaxes have played a role in literary history. Probably the most famous hoax in English literature is an epic cycle about a warrior named Fingal, published in the seventeen-sixties. This was advertised as translations of poems written by a third-century Gaelic bard named Ossian. In fact, the poems were fakes, cooked up by a Scottish writer named James Macpherson. Although a few people—Samuel Johnson was one—had suspicions, Ossian’s work was read and admired in Europe and America and translated into many languages, and his fake poems are considered a major influence on Romanticism—a literary movement that made authenticity a supreme value. If you were editing an anthology of English literature, would it be right or wrong to include something by “Ossian”?

Image result for Go Ask Alice.”
A hoax with consequences closer to home is “Go Ask Alice.” The book was published in 1971, and purported to be the diary of a fifteen-year-old girl who starts taking LSD, gets sucked into the drug underworld, and ends up dead. Miller says it may have sold five million copies. The real author has not been conclusively established, but the copyright belonged to a Mormon therapist who claimed that she had merely edited a real Alice’s diary, which was under lock and key at the publisher’s. Which is a strange alibi. “Why did someone not ask for it to be ‘unlocked’?” as Miller inquires. He suggests that the scare story in “Go Ask Alice” contributed to the launching of the war on drugs, which led to the crackdown on recreational-drug sales and produced a wave of incarcerations.

Miller’s particular subject is literary hoaxes—that is, books that are deliberate, flat-out violations of the pact. The name on the cover is not that of the person who wrote the contents—the name on the cover is deliberately misleading—and the reader has no way of knowing it.

 Miller examines several types of hoaxes. There are literary impersonations, in which the author assumes the racial or ethnic identity of someone else. These are usually memoirs, autofictions, or books that pretend to speak for the group to which the fake author is assumed to belong. Miller calls these intercultural hoaxes. There are hoaxes designed to insinuate a subversive message through a benign-seeming work, a wolf-in-sheep’s-clothing text. Miller calls these Trojan Horses. And there are hoaxes aimed at exposing the poor judgment of editors, critics, or readers. He calls these time bombs.

Why do people go to the trouble of creating intercultural hoaxes? Miller thinks that one answer is the book business: “Demand exceeds supply, creating a market for fakes.” The key here is the power differential between the hoaxer and the fake persona. The hoaxer has cultural capital. He or she is already a writer, someone who understands how the publishing world works. The marginalized or exotic subjects they pretend to be have cultural capital, too, in the sense that people want to buy their books and read their stories. But they have fewer means with which to cash out that capital. So the hoaxer steps in.

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In an intercultural hoax, therefore, the hoaxer is often white and the fake persona is often a person of color. The white writer is appropriating the experience of a nonwhite person—“performing” a self. A good example is the novel “Famous All Over Town,” which came out in 1983. The author was Danny Santiago, and the book’s narrator was a young Chicano, named Chato, who tells the story of his coming of age in East Los Angeles. The novel was critically acclaimed, and the hoax survived for about seventeen months. Then, in an article by John Gregory Dunne in The New York Review of Books, Danny Santiago was revealed to be a seventy something white writer named Daniel James, who was from a well-to-do Midwestern family and had attended Andover and Yale. Dunne and his wife, Joan Didion, knew James, and were in on the hoax.

James got started by sending some stories, using the name Danny Santiago, to Dunne’s literary agent, who was able to place them in magazines like Redbook and Playboy. The agent never met or spoke to the author. It was understood that he did not have a telephone, and his return address was a post-office box. One Danny Santiago story appeared in “The Best American Short Stories.” The stories eventually became the novel “Famous All Over Town,” which, after getting turned down by several houses, was published by Simon & Schuster. No one there had met or talked to Danny Santiago, either. “We figured he was probably in prison and didn’t want anybody to know,” the book’s editor later said.

“Famous All Over Town” was received enthusiastically by the Times, whose reviewer confessed that “I am totally ignorant of the Chicano urban experience but I have to believe this book is, on that subject, a minor classic.” The book received a five-thousand-dollar prize from the American Academy and Institute of Arts and Letters, but Danny Santiago, for obvious reasons, did not turn up to claim it, and James had to forfeit the money. A few months later, Dunne (with James’s acquiescence) published his exposé.

Challenged about adopting a Hispanic pseudonym, James invoked the literature professor’s defense: the identity of the writer is irrelevant. What matters is the contents. “Nobody’s going to be hurt if the book’s any good,” he said. It was true that he was not a Chicano, but neither was he a stranger to the barrio. James was politically progressive—he had been a Communist and had been blacklisted in Hollywood, where he once worked as a screenwriter—and he and his wife had been volunteers for twenty years in the Los Angeles neighborhood where “Famous All Over Town” is set.

Was James’s appropriation of a Chicano identity illegitimate? At the time, Latino writers were divided. (None had suspected that the novel was by an Anglo writer.) The author’s bio on the book jacket said that Danny Santiago grew up in Los Angeles, and Daniel James did not. Dunne says he had tried to persuade James not to use the pseudonym, but concluded that James was blocked as a writer (he was a playwright who had been notably unsuccessful getting his work produced), and that assuming a new identity was liberating for him.


Miller thinks that “Famous All Over Town” is a Trojan Horse. Chato, the narrator, wants to escape from the barrio. He laments the eventual destruction of his neighborhood (displaced by a Southern Pacific rail yard), but he also makes fun of his relatives for their adherence to premodern Mexican ways. It’s a book about getting out of your ethnic cul-de-sac so you can write a book about it. That “Famous All Over Town” can be read as promoting assimilation was probably not James’s intention, but this does not mean that it was not part of the book’s effect.

A more spectacular intercultural hoax, which Miller devotes a third of his book to, is the case of Paul Smaïl. The hoaxer was a white Frenchman named Jack-Alain Léger, whom Miller calls “without doubt one of the greatest hoaxers and impersonators in the history of French literature.” Léger was born Daniel-Louis Théron, in 1947, and published books under a variety of names, including Melmoth (once a pseudonym of Oscar Wilde’s), Dashiell Hedayat, and Eve Saint-Roch. Paul Smaïl was his most scandalous invention.

Smaïl was purportedly the nom de plume of a well-educated French-born Arab, or Beur. (The name Paul Smaïl is supposed to echo the first line of “Moby-Dick.”) The first Smaïl novel, “Vivre Me Tue” (“Living Kills Me”), was published in 1997, and its author was received as a genuine voice of the Beur community. North Africa specialists were as fooled as anyone else. Sales were strong; a successful movie adaptation was produced; subsequent Smaïl novels were published; and people wrote dissertations on the work of Paul Smaïl. Léger had to fend off attempts by the press to locate and interview his fake author.

Image result for Paul Smaïl.

This is a danger often confronted by successful hoaxers. At some point, there is a demand to produce a body. In 2003, as pressure and suspicion began to mount, the Smaïl hoax was revealed by Léger himself. Miller thinks that although Léger may have wanted to play out the string a little longer, the revelation was his plan. That is because, he thinks, “Vivre Me Tue” was a Trojan Horse. Léger was an enemy of cultural pluralism and religious identity, Miller says. The protagonist in “Vivre Me Tue” is a sympathetic ethnic who has suffered from discrimination, but, like Chato, he wants to escape the prison of identitarianism and become, simply, French. It is an anti-multicultural book.

When the hoax was revealed, it turned out to be a time bomb, too. People were outraged that Léger had appropriated an ethnic identity to which he had no claim. Léger was delighted to point out that until he emerged as the real author the books had seemed Beur enough to everybody. The reception of the books allowed Léger to argue that maybe the real fiction was the concept of “Beur identity.”

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There are many examples of Miller’s thesis that ethnic difference inspires hoaxers. “The Third Eye,” the autobiography of a Tibetan monk named Lobsang Rampa, published in 1956, turned out to have been written by Cyril Henry Hoskin, a British plumber. “The Education of Little Tree,” by Forrest Carter, a memoir of a young Cherokee orphan raised by his grandparents, came out in 1976, a few years before “Famous All Over Town,” and became a Times best-seller. The book was praised by critics who knew something about Native American culture, sold at gift shops on Indian reservations, and taught in high schools and colleges. The author went on “Today,” where he was interviewed by Barbara Walters. Then, in 1991, a historian named Dan Carter (unrelated) revealed that the man who presented himself as Forrest Carter was really Asa Carter, a former Ku Klux Klan member and George Wallace speechwriter. By then, Asa Carter was dead, but his book had sold more than half a million copies. It seems that before Asa became Forrest Carter his career had fallen apart and he had developed a drinking problem. So he had decided to turn himself into a Cherokee. He performed a new identity.

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A more complicated case is “The Radiance of the King,” a novel published in French in 1954 and in English two years later. The author was a Guinean writer named Camara Laye, and the story is set in Africa. It was received as a leading work in African literature. In 2001, Toni Morrison published a piece in The New York Review of Books in which she called “The Radiance of the King” “an Africa answering back.” It gave us, she said, “Africa’s Africa”—that is, it passed the authenticity test. But there had been rumors right from the start that Laye had not written the book, and Miller, reviewing the scholarship, concludes that “The Radiance of the King” was likely written by a former Nazi collaborator from Belgium named Francis Soulié. Laye evidently agreed to go along, and put his name to it.

Intercultural hoaxes are aimed at readers who are curious about worlds they have little contact with, and who are therefore easily duped. Some nineteenth-century American slave narratives, for example, were written by whites. They were published in order to meet a demand for stories about life in the South which there were not enough ex-slaves around to satisfy. But they were good enough for readers whose conception of the evils of slavery they seemed to confirm.

What may seem harder to account for is that the hoaxes are rarely detected by people who are from those communities or know something about them. But these readers, too, have a stake in the believability of the book’s authorship. They want quality works coming out of their cultures. And successful efforts at what Miller calls “forensic reading”—guessing the real identity of the writer from internal evidence—are exceedingly rare. Charles Dickens guessed that George Eliot was a woman, but no one else seems to have. Our cheater detectors don’t work very well on written documents.

After you know, of course, the deception can seem blatant. But, as Miller says, you can’t unring the bell: you can’t ever read the text again in its pre-exposed state. “Famous All Over Town” no longer seems especially Chicano. It seems, in fact, like what it is: a fictional re-creation of life in East L.A. by a sympathetic writer with a mainstream education. But Daniel James surely knew that such a book would not have received an excited review in the Times.

“Famous All Over Town” was not a time bomb. James would have been happy to go on writing as Danny Santiago forever (and, in fact, he tried to). One time bomb that Miller, oddly, doesn’t mention is the Ern Malley hoax, which the critic Robert Hughes called “the literary hoax of the twentieth century.” It’s been dissected a number of times, most thoroughly by Michael Heyward, in “The Ern Malley Affair,” in 1993.

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Ernest Lalor Malley was a fictional Australian poet created in the early nineteen-forties by two young writers named Harold Stewart and James McAuley. Stewart and McAuley had a target in mind: Max Harris, the editor of the Australian literary magazine Angry Penguins

Their own tastes in poetry were somewhat traditional, and they considered the modernist poetry Harris was publishing to be facile and pretentious. So they composed sixteen poems, plus an incomplete deathbed poem, which they attributed to “Ern Malley,” and sent a few to Harris with a cover letter purportedly from Malley’s sister Ethel.
Harris took the bait. He was knocked out by the poems and eager to publish them, not least because the author was an unknown. He wrote back asking for more. Barely able to believe their good fortune, Stewart and McAuley concocted a long letter from Ethel Malley explaining that her brother had lived an unfulfilled life, of which she plainly disapproved, and had died of Graves’ disease, in Sydney, at the age of twenty-five. She sent along a book manuscript, titled “The Darkening Ecliptic,” containing all the poems that Stewart and McAuley had written for the occasion. These were duly published in Angry Penguins in 1944.

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As with the Smaïl case, the hoaxers had hoped to prolong the deceit in order to land even bigger fish in the poetry world than Max Harris. But their hoax began to fray. One writer suggested that Ern Malley was really Harris himself, prompting Harris to hire a detective to make inquiries at the address on the letter from Ethel Malley. No one there had ever heard of her. Stewart and McAuley decided that this was the moment to blow it all up, and they gave their story to a mass-circulation Australian paper that could be counted on not to paint an embarrassment to the avant-garde in shades of gray. The world press took up the line: Ern Malley had exposed the fraudulence of literary modernism.

Adding injury to insult, Harris was visited by policemen and charged with publishing obscene, immoral, and indecent matter. Absurdly, Harris had to argue in court for the literary merit of the Malley poems—to explain to the magistrate the meaning of phrases that were intended as nonsense—and he was convicted of indecency. Angry Penguins could no longer be published in South Australia, and the magazine folded soon afterward. Harris was a good sport about the affair, but his career never recovered. The Malley hoax is said to have set back the modernist movement in Australia several decades.

To the end, Harris insisted that the Ern Malley poems really were good poems, and that his editorial judgment was correct. And, over the years, there have been writers who agreed. “I liked the poems very much,” John Ashbery once said. “They reminded me a little of my own early tortured experiments in surrealism, but they were much better.”
Are hoaxes unethical? Of course they are. At a minimum, a book is being marketed under false pretenses. And some hoaxes, like the Ern Malley hoax, are intended to damage the reputations of other people. 

Are hoaxes illegal? Not per se, but a cloud of lawsuits does hang over the phenomenon. James Frey’s publisher agreed to refund buyers who felt cheated, and set aside more than two million dollars for the purpose. (Not many wanted their money back: the total refunds came to less than thirty thousand dollars—a victory for the higher-truth defense.) On the other hand, Misha Defonseca, the author of “Misha: A Mémoire of the Holocaust Years,” a hoax published with a blurb from Elie Wiesel, sued her publisher for withholding royalties, which, you have to admit, was pretty chutzpadik. A judge awarded her and a collaborator thirty-two million dollars. (The award was set aside after it emerged that Defonseca was a Belgian Catholic who spent the war years in school.)

Exposed hoaxes often have a lucrative zombie afterlife. If the books are popular, it is often in everyone’s interest to continue pretending they’re genuine. They just go on being published. You can go into a bookstore in Paris today and buy a novel by Paul Smaïl. The University of New Mexico Press, the publisher of “The Education of Little Tree,” advertises the book on its Web site as “a classic of its era, and an enduring book for all ages.” You can go on Amazon and order James Frey’s “A Million Little Pieces,” described as the “acclaimed account of his six weeks in rehab.” “Go Ask Alice,” by Anonymous, is sold on Amazon as “a classic diary by an anonymous, addicted teen.”

Some hoaxers like to boast about how easy it was to pull off, and this may be the key to what is truly scandalous about them. Jack-Alain Léger claimed that his entire preparation for writing about Beur life consisted of a few afternoons hanging around cafés in the Barbès neighborhood of Paris. The Ern Malley hoaxers said that they wrote the entire Malley œuvre in a single day.

If that is so, they created a diabolically intricate deception. The Malley poems make extremely subtle allusions to a dozen poets, from Shakespeare to T. S. Eliot. Malley’s first name is an allusion to Wilde’s play “The Importance of Being Earnest,” in which Ernest is also the name of a fictitious person; and his nickname echoes “Ode on a Grecian Urn,” by John Keats—who died at exactly the age Malley supposedly died, twenty-five years and four months. (The second letter from Ethel Malley, which really is a brilliant forgery, took Stewart and McAuley several weeks to compose, however.)

The idea behind the claim that it is easy to produce a hoax is that the “authentic” work, the multicultural memoir or the modernist poem, is, in some sense, faked as well, constructed from a set of easily reproduced formulae. The hoaxers are not completely wrong about this. The Ern Malley poems, like the fake “postmodernist” article that the physicist Alan Sokal got published in an academic journal, another time-bomb hoax, are remarkably similar to the real thing. There is just something a little off about them, places where the author seems to have overreached, or had a lapse of taste, or misunderstood a post-structuralist concept. To a sympathetic editor, these missteps are signs of genuineness: the writer is new to the business but is really trying. It shows, once again, the importance of being earnest.

That’s why it’s so hard to tell the difference. When Ashbery taught at Brooklyn College, he used to give an exam to his creative-writing students which printed side by side, without attribution, a poem by the modernist poet Geoffrey Hill and a poem by Ern Malley. Students were told that one of the poems was a spoof, and were asked to identify it, and to answer the question “Do you think it possible that the intellectual spoof might turn out to be more valid as poetry than the ‘serious’ poem, and if so, why?” Ashbery said half the students thought the Hill poem was the hoax.

If we pick up a novel about life in the barrio, or a book by a Tibetan monk, or an avant-garde literary magazine, we know what we expect to find. We are complicit in the attempt to get us to believe because we already want to believe. Writing is a weak medium. It has to rely on readers bringing a lot of preconceptions to the encounter, which is why it is so easily exploited.

Does this mean it’s all a game? Yes, in a sense. Literature is a game with language, and hoaxing alerts us to the fact that the rules are not written down anywhere—in the same way that someone who goes barefoot to a wedding alerts us to the fact that there are actually no regulations governing these things. Those acts draw our attention to the thinness of the social fabric by tearing a little piece of it. Literary hoaxes appeal to critics and theorists because they expose the fragility of the norms of reading.

If it is a game, then, does it really matter who wrote it? The old literature-professor response was that authorship, like identity, is a construction, and so it doesn’t. The response of what Miller calls “the new identitarians” is that we should not accept representations of experiences that the author could not have known, and so it does. Both arguments are provocations. They should get us thinking about what we mean by things like authenticity and identity. What they should not do is prevent us from reading. ♦

Republican Efforts to Keep America White and in Power

Members of the Wisconsin State Assembly watched the final vote on Wednesday for a series of bills that would strip the incoming Democratic governor of power. Credit Lauren Justice for The New York Times

CHARLES BLOW, NY TIMES

Do not believe that we are still living in a functioning democracy. We are not. Republicans across this country are doing everything they can to impede, alter and override the power of the personal vote. This strikes at the very heart of democracy, both undermining people’s faith in it and contorting it until it no long resembles what it claims to be.

On Wednesday, The New York Times reported that Republicans succeeded in their wish:

“After hours of mysterious closed-door meetings that went past midnight, the Wisconsin Senate convened at 4:30 on Wednesday morning and passed by one vote a package of bills devised to curb the powers of the incoming Democratic leaders.”

And Wisconsin is not alone. As the The Washington Post reported Monday:

“In Michigan, where Democrats last month won the governor’s mansion as well as the races for attorney general and secretary of state, Republican lawmakers last week introduced measures that would water down the authority of those positions on campaign finance oversight and other legal matters.”

Wisconsin Gov.-elect Tony Evers speaks at the Ward 4 building in Milwaukee on Sunday. (Meg Jones/Milwaukee Journal Sentinel/AP)

Altering the structure of power in a state to limit the influence of an incoming executive of an opposing party wasn’t something I thought I’d ever see in America, but unfortunately this isn’t even the first time we’ve seen it. This is not the first time Republicans have done it.

In 2016, Republicans in the North Carolina legislature also pushed through legislation designed to limit the power of an incoming Democratic governor. Kevin Drum wrote a fascinating column about this in Mother Jones titled “Republicans Are No Longer Committed to That Whole Peaceful Transfer of Power Thing.”

Republican anti-democratic tendencies aren’t limited to the transfer of power. They extend to areas like the widespread efforts to enact voter suppression, from voter ID laws to voter roll purges to shortening early-voting windows to gerrymandering.

Have you ever wondered why Trump harps on the visa lottery program in particular? As the Pew Research Center pointed out in August:

When the diversity lottery first started in fiscal year 1995, citizens of European countries, including those that were part of the former Soviet Union, received the largest number of diversity visas (about 24,000). In fiscal 2017, which ended Sept. 30, the largest number of visas went to citizens of African countries (about 19,000), while applicants from European countries (nearly 21,000) and from Asia (almost 8,000) received fewer visas.

Republican power is increasingly synonymous with white power. The party’s nationalist tendencies are increasingly synonymous with white nationalism.

In July, The Atlantic published the results of a survey it did with the Public Religion Research Institute that showed that “black and Hispanic citizens are more likely than whites to face barriers at the polls — and to fear the future erosion of their basic political rights.”

Furthermore, a report this year by the Brennan Center for Justice found that voter purging was on the rise:

We found that between 2014 and 2016, states removed almost 16 million voters from the rolls, and every state in the country can and should do more to protect voters from improper purges. Almost 4 million more names were purged from the rolls between 2014 and 2016 than between 2006 and 2008. This growth in the number of removed voters represented an increase of 33 percent — far outstripping growth in both total registered voters (18 percent) and total population (6 percent).

In some cases it is clear that minority voters are disproportionately affected by the purges. One reason is the method used. The report found that 28 states now submit data to the Interstate Voter Registration Crosscheck Program, the purpose of which “is to identify possible ‘double voters’ — an imprecise term that could be used to refer to people who have registrations in two states or who actually voted in an election in multiple states.

But many people have the same name, which poses a problem for the database. That problem is heightened for minority voters because, as the report says, “African-American, Asian-American, and Latino voters are much more likely than Caucasians to have one of the most common 100 last names in the United States.”

As for gerrymandering, it is “the biggest obstacle to genuine democracy in the United States,” according to Brian Klaas, a political scientist at University College London.

As Klaas noted in an article in The Washington Post: “While no party is innocent when it comes to gerrymandering, a Washington Post analysis in 2014 found that eight of the ten most gerrymandered districts in the United States were drawn by Republicans.”

Indeed, last year The Associated Press published its own analysis of the partisan beneficiaries of gerrymandering and found “four times as many states with Republican-skewed state House or Assembly districts than Democratic ones. Among the two dozen most populated states that determine the vast majority of Congress, there were nearly three times as many with Republican-tilted U.S. House districts.”

Even our current immigration debate is far more about future voters than about safety or criminals or the other canards Republicans typically use to oppose it.

Immigrants are more Democratic than Republican. As the Pew Research Center wrote in 2013, “among all Latino immigrants who are eligible to vote (i.e. are U.S. citizens) many more identify as Democrats than as Republicans — 54 percent versus 11 percent.”

That is why immigration is such a burning issue on the right and why Donald Trump is able to exploit it: Immigration, both legal and illegal, represents a loss of political power for Republicans.

Republican power is increasingly synonymous with white power. The party’s nationalist tendencies are increasingly synonymous with white nationalism.

This group will not willingly cede its power just because demographics predict its downfall and current circumstances demonstrate its weaknesses.

If the Republican Party can’t maintain power in the democracy we have, it will destroy that democracy so that its power can be entrenched by limiting the impact of the vote.

December 8, 2018


Prosecutors Say Trump Directed Illegal Payments During Campaign.

Lock him up! Prosecutors want FOUR TO FIVE YEARS in prison for Michael Cohen
Federal prosecutors said that President Trump directed illegal payments to ward off a potential sex scandal that threatened his chances of winning the White House in 2016, putting the weight of the Justice Department behind accusations previously made by his former lawyer.
The lawyer, Michael D. Cohen, had said that as the election neared, Mr. Trump directed payments to two women who claimed they had affairs with Mr. Trump. In a new memo arguing for a prison term for Mr. Cohen, prosecutors in Manhattan said he “acted in coordination and at the direction of” an unnamed individual, clearly referring to Mr. Trump.
In another filing, prosecutors for the special counsel investigating Russia’s 2016 election interference said an unnamed Russian offered Mr. Cohen “government level” synergy between Russia and Mr. Trump’s campaign in November 2015. 
In a separate case, the special counsel accused Paul Manafort, Mr. Trump’s campaign chairman, of lying about his contacts with an individual they accuse of ties to Russian intelligence, and about his interactions with Trump administration officials after he was indicted on criminal charges. Mr. Manafort was convicted on financial fraud and conspiracy charges unrelated to his work for the Trump campaign. President Trump has repeatedly defended Mr. Manafort as a “brave man” and dangled the possibility of a pardon for his 10 felonies, likely to result in a prison term of at least 10 years. 


Together, the filings laid bare the most direct evidence to date linking Mr. Trump to potentially criminal conduct, and added to an already substantial case that Russia was seeking to sway the 2016 election in his favor.
Mr. Trump sought on Friday to dismiss the news, claiming. inexplicably, it “Totally clears the President. Thank you!” 
The prosecutors in New York mounted a scathing attack on Mr. Cohen’s character. They argued that he deserved a “substantial” prison term that, giving him some credit for his cooperation, could amount to just under four years. “His offenses strike at several pillars of our society and system of government: the payment of taxes; transparent and fair elections; and truthfulness before government and in business,” they wrote.

December 7, 2018


George H.W. Bush, 41st President of the US dead at 94: Cold War warrior, who spent a lifetime in high public office and created an American political dynasty passes away eight months after his wife Barbara



George H.W. Bush was the catalyst that built the new Republican Party.His broken tax pledge in 1990 empowered anti-government conservatives and moved the GOP ever further to the right. The party has never been the same since.

George H.W. Bush addresses the Republican National Convention in New Orleans after accepting his party’s nomination on Aug. 18, 1988. (George H.W. Bush Presidential Library and Museum/Reuters)

DAN BALZ, WASHINGTON POST

The statement in the name of then-President George H.W. Bush was posted quietly in the White House press room on the morning of June 26, 1990, but there was nothing innocuous about its contents. It was a political thunderclap, the beginning of the remaking of the Republican Party and part of the unintended legacy of Bush’s presidency.

It was a statement designed to jump-start budget talks that had been stalled for months. It did that and more, providing the catalyst that changed the Republican Party into an aggressive and hard-edge brand of conservatism that would hold sway for two decades.

The statement was a renunciation of one of the most famous campaign promises in modern American politics: Bush’s declaration of “no new taxes,” which he made as he accepted the Republican nomination in 1988. The pledge was a bow to conservatives, who always regarded him with suspicion, if not outright hostility. When he reneged on the promise, they exacted revenge.

Two years after that, the House was in Republican hands for the first time in 40 years, and the dominant figure in the party was House Speaker Newt Gingrich, who was the antithesis of the defeated president in so many ways. The party began to shift from a philosophy of smaller government to one of anti-government, particularly anti-Washington.

The conflicting interests of Bush and the Gingrich forces continued for the duration of Bush’s presidency. Gingrich’s wing saw conflict with the Democrats as essential to creating sharp differences between the parties; Bush saw cooperation with congressional Democrats in the name of effective governing as essential for the country and, he hoped, for winning reelection as president. On that, he proved mistaken.

A recession that he seemed unable to manage, a skilled opponent in then-Gov. Bill Clinton and the entry of independent candidate Ross Perot combined to end the Bush presidency after a single term. As other Republicans lamented the fall of a president whom they much admired, those in the forefront of creating the new Republican Party were relieved that Bush had been defeated.

Bush died Friday at age 94. He will be remembered for many things. His long and exemplary service to country, the steadiness that marked his governance, and the humility and decency he brought to his political relationships are central elements of his legacy.

As president, Bush proved that experience matters, that knowledge of the world is an asset, that careful and methodical can be more effective than big and bold, that responsibility to country takes precedence over loyalty to party, even if sometimes it comes at great cost, that compromise is not a dirty word.

He was not above rough politics. His 1988 campaign will be remembered as one in which he pushed the envelope with tactics and issues that put his opponent, Michael Dukakis, on the defensive and left Democrats crying foul. 

Image result for Willie Horton

Bush Made Willie Horton an Issue in 1988, and the Racial Scars Are Still Fresh

PETER BAKER, NY TIMES

Mr. Bush’s successful campaign for the presidency in 1988 was marked in part by the racially charged politics of crime that continues to reverberate to this day. The Willie Horton episode and the political advertising that came to epitomize it remain among the most controversial chapters in modern politics, a precursor to campaigns to come and a decisive force that influenced criminal justice policy for decades.

Mr. Bush had, from the start, portrayed Governor Dukakis as soft on crime. His diffidence in disowning these extreme manifestations of his theme conveys cynicism. Worse, these events dramatize the need to control the flow of sewer money outside the official campaigns.
Willie Horton was a black murder convict who raped a Maryland woman and stabbed her companion while on weekend furlough from a Massachusetts prison. Massachusetts was wrong to furlough a murderer sentenced to life without parole. Governor Dukakis inherited the furlough program from his Republican predecessor and eventually ended it - too slowly.
But Willie Horton is not unique. Many states and the Federal Government give furloughs. Other prisoners on furlough have committed murder. Nevertheless, Mr. Bush has flogged Governor Dukakis with the case for months. 
Image result for Willie Horton
ontinue reading the main storyThe TV commercial in question opened with declarations that ''Bush supports the death penalty for first-degree murderers'' and that ''Dukakis not only opposes the death penalty, he allowed first-degree murderers to have weekend passes from prison.'' Then came photos of Mr. Horton and details of his crimes, while flashing the words ''kidnapping,'' ''stabbing'' and ''raping.''
To many African-American people, the scars from that campaign attack remain fresh. Whatever Mr. Bush’s intentions, they said, the campaign encouraged more race-based politics and put Democrats on the defensive, forcing them to prove themselves on crime at the expense of a generation of African-American men and women who were locked up under tougher sentencing laws championed by President Bill Clinton, among others.

“The reason why the Willie Horton ad is so important in the political landscape — it wasn’t just about a racist ad that misrepresented the furlough process,” said Marcia Chatelain, a Georgetown University professor of African-American history who teaches a class on race and racism in the White House. “But it also taught the Democrats that in order to win elections, they have to mirror some of the racially inflected language of tough on crime.”

The wisdom of the Massachusetts furlough program was open to debate aside from race. Releasing nonviolent offenders on weekends to help ease re-entry into society was the goal, but freeing violent convicts raised questions about security, and such release programs have receded in the decades since 1988.

“What crossed the line was not that he was raising the issue of crime itself because crime was a big issue, and that’s fair game,” said David Greenberg, a Rutgers University professor and the author of “Republic of Spin,” about political messaging. “But to use the image of this threatening black man — people call it a dog whistle; it was a pretty clear whistle.”

The fear of Willie Horton continues to haunt politicians today. When President Barack Obama was trying to forge a bipartisan coalition to overhaul the criminal justice system to ease sentencing laws that many in both parties believe went too far, some lawmakers worried that any change that resulted in the release of someone who would then go on to commit another violent crime could be political suicide.

Mr. Bush expressed no regret for the Horton ad, and some of his longtime allies have long argued that he got a bad rap for something that was not really of his making. Al Gore, then a senator from Tennessee, was the first to try to wrap the Horton case around Mr. Dukakis’s neck during the Democratic primaries that year.

By summer, Mr. Bush picked up the theme, citing the case during speeches, and by fall, his campaign began airing an ad attacking the Massachusetts furlough program, showing a series of prisoners walking through a revolving door. But that Bush campaign ad did not mention Mr. Horton.

The one that would be remembered for years to come was produced not by the Bush campaign but by an operative named Larry McCarthy working for an ostensibly independent group called the National Security Political Action Committee. The ad, called “Weekend Passes,” singled out Horton, showing a picture of his scowling face as the narrator described his torture and rape of the Maryland couple. In the end, it was shown only briefly on cable television, but its impact was magnified by repeated coverage on television newscasts.

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 Mr. Bush’s advisers had been focused on Mr. Horton for months. “If I can make Willie Horton a household name, we’ll win the election,” said Lee Atwater, (above with Bush) the campaign strategist. He later referred to making Horton “Dukakis’s running mate.” Roger Ailes, another Bush strategist, said, “The only question is whether we depict Willie Horton with a knife in his hand or without it.”

A little more than two years later, when stricken with a cancer that would take his life, Mr. Atwater repented the hardball tactics used in 1988. He said he particularly regretted saying he would make Mr. Horton into Mr. Dukakis’s running mate “because it makes me sound racist, which I am not.”

What was never clear was how involved Mr. Bush was in crafting the strategy. But as Josh King, the author of “Off Script,” a book about political stagecraft, and a student of the 1988 race, put it, “He was willing to employ campaign aides who would use the barest of knuckles in pursuit of the goal of humiliating and destroying the opposing candidate.”

But it was not an aberration in his career, as Rebecca J. Kavanagh, senior staff attorney at The Legal Aid Society in New York City, pointed out on Twitter. Bush attacked the Civil Rights Act in 1964 to curry favor with Texas conservatives. As president, he vetoed a civil rights act that would have prevented discrimination in employment, and a voter registration bill intended to register millions of minority voters.