Dick Cheney’s bizarre speech last night accusing Democrats of violating the sacred canons of Washingtonian candor and honesty is drawing the catcalls it deserves, but it does help raise an issue that’s been percolating just between the surface about the nature of this administration’s obstinant mendacity. Have these guys been consciously lying through their teeth all this time about Iraq, about the economy, about the budget, about, well, all those things they are getting so egregiously wrong? Or is there an element of self-deception going on? Now, for many Democrats, this very question is provocative: of course they are consciously lying, every day, on every subject, and to suggest otherwise is to go soft and concede some decency to people who will just see this as a sign of Democratic weakness. But as Mark Schmitt usefully points out over at TPMCafe, self-deception in high office is arguably more dangerous and damning than conscious deception. His post lays out the idea that the White House under Bush has been dominated by an “ideology of information” that sorts evidence into “useful” and “not useful” categories based on a pre-conceived agenda, essentially filtering out any empircal data interfering with the administration’s agenda in a way that creates a hermetically sealed echo chamber of self-validation. Even as the bloodhounds continue to search out and find multiple examples of conscious White House mendacity, the one truly incontrovertible thing about this administration is its incredible intolerance for anything like internal debate and self-criticism. Sure, there are differences of opinion, but only at the margins, and only on occasions where The Line is not dictated by ideology or the dark political calculations of Karl Rove. In the Bush White House, the only deadly sin has been anything like a continuing internal, much less external, dissent (see O’Neill, Paul and DiIulio, John for Object Examples of what happens to people who violate this rule). This is an inherently disastrous approach in any executive operation, much less one commanding a multi-trillion dollar budget, the world’s most powerful military, and to be blunt about it, the power to ruin and end lives, and shape a society for decades to come. There are very few costless mistakes in the White House. In my first government job, working for a Georgia Governor (recently deceased) named George Busbee, anyone briefing the Governor knew he would have to run the gauntlet of an incredibly smart young lawyer named Cecil Phillips, whose job was to sit in on any policy discussion and raise tough questions about anything proposed. This Policy Ombudsman approach always struck me as one of the smartest and simplest quality control arrangements I’ve ever seen. Nobody went into that Governor’s office without marshalling facts and thinking about contrary opinions. And a lot of bad policy decisions were probably avoided as a result of that process. In the White House of George W. Bush’s predecessor, you didn’t need an Official Devil’s Advocate, because free-flowing debate went on every day on every subject, and nobody shut up until The Big He made a final decision. And even then, dissenters did not get sent to Siberia. Moreover, Bill Clinton’s intellectual voracity–so different from Bush’s remarkably unreflexive nature–drove him to seek out advice from people who were not on his payroll, over and over again.Many of the failures of the Bush administration are easily and directly attributable to this huge blind spot: a White House hostile to debate, dissent and contrary evidence on issues large and small, and where all the incentives pointed to lockstep conformity and demonization of any divergent point of view. And this attitude of “don’t-confuse-me-with-facts” has been echoed among the Republican regime on Capitol Hill, especially in Tom DeLay’s House.Given the overwhelming evidence that Republican self-deception is feeding its attempted deceptions of the American people, why do some Democrats insist on proving that these people are consciously lying to us? After all, it’s easier to prove criminal negligence than criminal intent, and even though the latter carries heavier penalities in courts of law, the former is if anything more damaging in the court of public opinion.It’s entirely possible that some key White House players are in fact cynical liars, and Dick Cheney and Karl Rove are obvious suspects in this case. But in general, a president and an administration so isolated from reality that they don’t even know when they are lying to themselves or to us, is a bigger danger and a bigger target for Democrats.
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Editor’s Corner
By Ed Kilgore
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May 3: Democrats Should Call Out Trump’s Big Lies on Abortion
Everyone knows that Donald Trump can’t be trusted on abortion policy (or many other things). But his particular lies on abortion are worth noting, as I explained at New York.
There is no exercise more exhausting and probably futile than examining a Donald Trump speech or social-media post for lies, half-truths, and incoherent self-contradictions. But it’s important on occasion to highlight some very big whoppers he tells that are central to his political strategy. It’s well known that Trump’s own position on abortion policy has wandered all over the map, and it’s plausible to suggest his approach is entirely transactional. Now that he’s staked out a “states’ rights” position on abortion that is designed to take a losing issue off the table in the 2024 presidential election, he’s telling two very specific lies to justify his latest flip-flop.
The first is his now-routine claim that “both sides” and even “legal scholars on both sides” of the abortion debate “agreed” that Roe v. Wade needed to be reversed, leaving abortion policy up to the states:
This claim was the centerpiece of Trump’s April 9 statement setting out his position on abortion for the 2024 general election, as CNN noted:
“In a video statement on abortion policy he posted on social media Monday, Trump said: ‘I was proudly the person responsible for the ending of something that all legal scholars, both sides, wanted and, in fact, demanded be ended: Roe v. Wade. They wanted it ended.’ Later in his statement, Trump said that since ‘we have abortion where everybody wanted it from a legal standpoint,’ states are free to determine their own abortion laws.”
This is clearly and demonstrably false. The three “legal experts” on the Supreme Court who passionately dissented from the decision to reverse Roe are just the tip of the iceberg of anguish over the defiance of precedent and ideological reasoning underlying Justice Samuel Alito in the majority opinion in Dobbs v. Jackson Women’s Health Organization. The Society of American Law Teachers immediately and definitively issued a “condemnation” of the Dobbs decision. When the case was being argued before the Supreme Court, the American Bar Association filed an amicus brief arguing the constitutional doctrine of stare decisis required that Roe be left in place. None of these views were novel. Back in 1989 when an earlier threat to abortion rights had emerged, 885 law professors signed onto a brief defending Roe.
Sure, there was a tiny minority of “pro-choice, anti-Roe” liberals over the years who claimed resentment of the power of the unelected judges who decided Roe would eventually threaten abortion rights (not as much, it turns out, as the unelected judges that decided Dobbs). And yes, there have always been progressive critics (notably Justice Ruth Bader Ginsburg) of the particular reasoning in the original Roe decision, but by no means have any of them (particularly Ginsburg) favored abandoning the federal constitutional right to abortion even if they supported a different constitutional basis for that right. So Trump’s claim is grossly nonfactual and is indeed not one that any self-respecting conservative fan of Dobbs would ever make.
The second big lie that Trump has formulated to defend his latest states’-rights position is that he’s just supporting the age-old Republican stance on the subject, as he has just asserted at Truth Social:
“Sending this Issue back to the States was the Policy of the Republican Party and Conservatives for over 50 years, due to States’ Rights and 10th Amendment, and only happened because of the Justices I proudly Nominated and got Confirmed.”
Yes, of course a growing majority of Republicans have favored reversal of Roe as a way station to a nationwide ban on abortion, but not as an end in itself. The GOP first came out for a federal constitutional amendment to ban abortion from sea to shining sea in its 1980 party platform, and every single Republican presidential nominee since then has backed the idea. There have been disagreements as to whether such a constitutional amendment should include exceptions for pregnancies caused by rape or incest. But the last GOP presidential nominee to share Trump’s position that the states should be the final arbiter of abortion policy was Gerald R. Ford in 1976, as the New York Times reported at the time:
“[Ford] said that as President he must enforce the 1973 Supreme Court ruling that forbids states to ban abortions. But he has come out in favor of a constitutional amendment that would overturn that ruling and return to the states the option of drawing up their own abortion laws.”
Ronald Reagan, who challenged Ford’s nomination in 1976 and was already a proponent of a “pro-life” constitutional amendment, and the GOP formally adopted that position in 1980; four years later, it adopted its long-standing proposal that by constitutional amendment or by a judicial ruling the protection of fetal life under the 14th Amendment should be recognized and imposed on the country regardless of what states wanted. Anti-abortion leader Marjorie Dannenfelser noted this well-known history in a not-so-subtle rebuke to Trump’s revisionist history, as NBC News reported:
“’Since 1984, the GOP platform has affirmed that 14th Amendment protections apply to unborn babies and endorsed congressional action to clarify this fact through legislation,’ Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said in a statement to NBC News. ‘Republicans led the charge to outlaw barbaric partial-birth abortions federally, and both chambers have voted multiple times to limit painful late-term abortion. The Senate voted on this most recently in 2020. In January 2023, House Republicans also voted to protect infants born alive during an abortion.’”
It’s pretty clear that anti-abortion activists know Trump is lying about both Roe v. Wade and the GOP tradition and will support him anyway. But the rest of us should take due notice that the once and perhaps future president’s word on this subject, including his current pledge to leave abortion policy to the states, cannot be trusted for even a moment. Absent the abolition of the Senate filibuster (which, lest we forget, Trump backed as president out of impatience with the Senate’s refusal to bend the knee to his every demand), there isn’t going to be a complete federal ban on abortion in the foreseeable future. But Trump can be counted on to use the powers of the presidency to make life miserable for women needing abortion services, among the many “enemies of the people” he wants to punish.