Tuesday, January 07, 2025
Dems picked the wrong senator for Senate Judiciary leadership
Dems picked the wrong
senator for Senate Judiciary leadership
They need a fighter on
the committee, not a go-alonger.
January
7, 2025 at 7:45 a.m. ESTToday at 7:45 a.m. EST
5 min
At a White House ceremony last
week, then-Senate Majority Leader Charles E. Schumer (D-New York) and then-Judiciary
Committee Chairman Dick Durbin (D-Illinois) couldn’t stop congratulating
themselves on the Senate’s confirmation of 235 federal judges during Joe
Biden’s presidency. Durbin declared, “We are proud of the fact that these
nominees have bipartisan support. More than 80 percent of them received
bipartisan support.” (It was not clear why it should matter that Republicans
supported some of them.) Schumer praised Durbin for “nudging him” to get judges
confirmed.
Given their self-regard, it is hardly a surprise that
Durbin was selected as the ranking Democrat on the Judiciary Committee now that
his party has moved into the minority. This was a mistake, and their
celebration was excessive.
Democrats were in the majority (albeit just with Vice
President Kamala Harris’s vote for the past two years) throughout Biden’s
tenure. Of course they should have confirmed the president’s
nominees. They should also have confirmed a batch of others whom they instead
abandoned: 3rd Circuit nominee Adeel Mangi, 4th Circuit nominee Ryan Park, 6th
Circuit nominee Karla Campbell and 1st Circuit nominee Julia Lipez.
Republicans waged a reprehensible Islamophobic smear campaign against Mangi and got away with it. As for Park,
Republican senators “blue-slipped” him, allowing home-state senators to
exercise a veto on the nominee (although Republicans didn’t honor home-state
blue slips when they were in the majority), leaving some legal experts exasperated:
“It just doesn’t make any sense to me,” said Carl Tobias,
chair of the University of Richmond School of Law. “Why are they falling on
their sword?”
He is not alone. (In 2023,
I vigorously denounced Durbin’s timidity on blue slips.)
This was part of a familiar pattern. Durbin time and time
again refused to use the full powers of his position to defend the rule of law
and rein in the rogue Supreme Court. In 2023, he politely sent a letter asking Chief
Justice John G. Roberts Jr. to appear before
the committee to answer questions about an ethics mandate. Roberts declined to
come; Durbin did not press the issue. The next year Durbin asked Roberts for a meeting regarding Justice Samuel A. Alito Jr.’s egregious
ethics missteps (a meeting that Roberts also declined) — and then, again, let it drop. To no avail, Durbin
pleaded with Alito to recuse himself from cases concerning the failed Jan. 6, 2021, insurrection. Subpoenas and hearings —
the normal tools wielded by committee chairmen — were not deployed.
As I wrote last
May, “The long-term imperative must be to educate the public about the extent
to which the court has been compromised. Only then can democracy defenders
build consensus for serious reform such as term limits or the appointment of
additional judges to rebalance the court and restore its stature.” Durbin
failed in this regard.
The notion that Durbin could either get
lots of judges confirmed or use the bully pulpit is misguided. A competent and
aggressive chairman can do both. After all, the majority gives you the full
array of powers to render advice and consent and conduct
oversight.
“Senator Durbin was a distinct disappointment as Chair of
Senate Judiciary when Democrats were in the majority and is a far weaker choice
than Senator Whitehouse would have been as ranking member of that key Senate
Committee now that the Republicans are in the driver’s seat,” constitutional
scholar Laurence Tribe told me in an email. “Damage control will be essential
with Trump and Musk driving the agenda on judicial appointments and Justice
Department issues. There’s every reason to worry that Durbin will be a
lackluster leader of the opposition to the MAGA wrecking ball as it smashes
against our fragile system of checks and balances.”
When it came to investigating Justice Clarence Thomas’s
financial impropriety, it was Sen. Sheldon Whitehouse (D-Rhode Island) and Rep. Hank
Johnson (D-Georgia) who “sent a letter calling
on the Judicial Conference to refer Supreme Court Justice Clarence Thomas to
the U.S. Attorney General for potential violations of the Ethics in Government
Act 1978.” When the Judicial Conference refused to do so, Whitehouse was the
one to write a blistering response:
The Judicial Conference response contains a number of
inconsistencies and strange claims, and ultimately doesn’t address the only
real question the Judicial Conference should’ve been focused on for the nearly
two years it spent on this matter: Is there reasonable cause to believe that
Justice Thomas willfully broke the disclosure law? By all appearances, the
judicial branch is evading a clear statutory duty to hold a Supreme Court
justice accountable for ethics violations.
Whitehouse has consistently demonstrated leadership and the
determination to expose the financial and ethical corruption of a rogue and
hyper-partisan Supreme Court. In floor speeches, Whitehouse has been the key
player in exposing the right-wing scheme to
capture the federal courts. He also has been at the forefront of efforts to
pass a mandatory Supreme Court ethics code and impose term limits.
In short, if Democrats wanted to wage an unabashed defense
of the rule of law, hold Republicans’ feet to the fire, lead aggressive
confirmation hearings on absurd executive branch nominees (e.g., Kash Patel for
FBI director) and use every tool to slow or stop unfit executive and judicial
branch nominees, then Whitehouse, not Durbin, should have been put
in the ranking Democrat’s chair.
“But seniority!” you
may cry. Seniority is not the sole consideration in awarding
committee chairmanships. (The practice has been to give “due consideration” to
seniority of service in the Senate as well as “the preferences of Democratic
Senators, and uninterrupted service on the committee(s) in question”). In any
event, party leaders have worked their will to move aside chairmen (e.g., Dianne Feinstein)
who were not up to the job.
In the case of the Senate Judiciary Committee, Democrats
chose the path of least resistance (i.e., stick with seniority) to reinstall
Durbin — who all too often took the path of least resistance against
Republicans and Supreme Court malfeasance.
We are entering a fraught time for the rule of law. Having
invested Durbin with such a prominent role in defense of democracy, “it’s now
up to him to disprove those of us who doubt his resolve and fear his
fecklessness,” Tribe said. The confirmation hearings for Patel and attorney
general nominee Pam Bondi will give us a hint as to whether Durbin
is up to the job.
NEW INC. MAGAZINE COLUMN FROM HOWARD TULLMAN
We’ve seen this movie
before. And it’s a lesson for all entrepreneurs about how to position your
product for a changing market.
EXPERT OPINION BY HOWARD TULLMAN, GENERAL MANAGING PARTNER, G2T3V
AND CHICAGO HIGH TECH INVESTORS @HOWARDTULLMAN1
JAN 7, 2025
Several decades ago, I was directly
involved in one of the greatest efforts ever to position and brand entire new
lines of luxury vehicles, whose Japanese manufacturers were planning to enter
into the U.S. market. I was the CEO of a company that made millions of calls
each year to measure the relative satisfaction of car customers with their
sales and service experiences.
In the mid-1980s, the overwhelming
perception by U.S. vehicle owners was that cars made in Japan were
cheap-looking and unstylish, despite their reliability. We advised management
at both Nissan and Toyota (and eventually Honda) that to succeed in the luxury
space, they needed to establish new brands and new dealership facilities, and
to enforce exceptionally high standards of dealer sales and service behavior.
An elite group of existing dealers were awarded the opportunity to sell these
new brands based on exceptional customer satisfaction levels as measured by our
surveys and technology.
It was a given, of course, that the
actual quality of the new cars needed to be high, but that was less of a
concern than the need to overcome the negative consumer impressions of vehicles
made in Asia. Luxury German, Italian, and English cars screamed elegance – but
Japan conveyed a different image.
Remaking that image is the origin
story of Infiniti (Nissan), Lexus (Toyota), and Acura (Honda). These
brands – at least in the cases of Lexus and Acura – have triumphed in America
and come to be regarded as high-end, high-quality luxury lines with most car
buyers not making the slightest connection to the parent companies, or to any
remnants of their former prejudices and perceptions.
Can Hyundai’s Genesis Pull Off the
Same Branding Trick?
The latest entrant into
the luxury branding sweepstakes is Hyundai, and the exceptional job it has
done since launching the Genesis luxury brand in 2008 – again without the
slightest look backward at its origin as a low-end Korean manufacturer. While
most consumers still don’t even recognize the brand or badge, Genesis sales
have continued to accelerate. New models have been added to the lineup and
massive, flashy TV advertising has driven increased awareness. The cars
themselves look largely indistinguishable from the major European luxury
players (which the latest Genesis ads insist isn’t the case) while the
built-in gimmicks, gadgets, and electronics are actually leading
edge.
Interestingly enough, and a lesson for
entrepreneurs and startups, is that much of the new tech in these cars is
relatively untested and somewhat unstable, but the advertising and promotion
value of being leaders in the space has seemingly overcome the desire to make
sure that all the stuff actually worked as promised. The major players are far
more concerned, constrained, and even regulated in these areas and – as a
result – are far behind. This is very much reminiscent of the Tesla
self-driving fiascos, which are instances of the same old “forgiveness rather
than permission” philosophy, but sadly, much like Theranos,
represent serious ongoing risk to life and limb.
BYD Is Yet Another Asian Competitor
Ready to Crack the U.S. Market
The next vehicle invasion is already
underway. This time it’s coming from China with brands and players, like BYD,
that most car owners have not yet even heard of. They will soon. While the
Musk-hyped media continues to drool over Tesla and bolsters its market cap,
Tesla made about 1.8 million vehicles globally in fiscal 2023 while BYD
produced more than three million EVs and ranked as the world leader. “Made in
China” used to have negative connotations – similar to the earlier Japan issues
– before the world learned that everything that Trump sells to the MAGAt
suckers is manufactured in China and that’s made things apparently hunky-dory
with the cult.
We’re now watching Tesla sales decline
for the first time in a decade, with the often-ridiculed Cybertruck leading the
downward spiral. This is partly political, tied to CEO Elon Musk’s hard right
turn and his boorish and infantile behavior. Driving one of those
monstrosities may soon be perceived as the vehicular equivalent of a MAGA hat
on wheels.
In fact, especially where certain
energy technologies like batteries are concerned, there’s an understanding and
even acceptance that China is now leading the pack. So, no one’s worried about
hiding the backstory and both Elon and Trump can’t get seem to get enough of Xi
Jinping. Tesla has its own very substantial facilities in China and is highly
dependent on materials supplied from there as well as the revenue from the many
Tesla vehicles sold there.
Trump has been talking big about
tariffs on Chinese imports and also eliminating the EV tax credits, but most of
that conversation was before he and Elon made their unholy and wholly confusing
partnership. I’m not betting that anything adverse to Tesla (or Tik-Tok for
that matter) is likely to happen any time soon, since nothing talks louder or
more persuasively with the Orange Monster than the money that people put in his
pocket. It’s also possible that Chinese firms have already begun planning to
create assembly (and possibly manufacturing) facilities in the U.S., which
would be expressly designed to get around any Trump tariffs.
In fact, to give Musk his due, if it
weren’t for Tesla’s cumulative edge in data capture, which will be critically
important to the next autonomous generations
of EVs, the Chinese would probably roll over the entire U.S. vehicle
industry. There’s a precedent. Various Asian players have already done so
in the steel industry, even as President Biden blocked their latest
acquisition actions – Nippon Steel’s attempt to buy U.S.
Steel.
Car Dealers Will Need to Stay
Aggressive
The Japanese vehicle invasion of the
1960s and ’70s caught U.S. manufacturers largely flat-footed. On the other
hand, the biggest and smartest dealers that had available capital jumped on the
new bandwagon, built new dealerships, and largely shut out any new entrants
into their respective marketplaces. The captive dealers that were still playing
the Detroit game and thus largely dependent on the old-line manufacturers lost
several competitive steps and still haven’t really recovered. Today the
mega-dealer chains like the Penske Automotive Group (with more than 200
locations in 28 states) have continued to expand and are probably already
positioning themselves to add Chinese lines to their domestic offerings.
While some of the best and biggest of
these dealer chains may finesse parts of the risk, most dealers won’t be able
to resist the invasion by themselves. The prior Japanese history should be more
than a fair warning that, if the domestic manufacturers don’t aggressively step
up their EV game, they may lose this battle as well. That means millions of
Americans will be driving BYD vehicles by 2030, if not sooner.
Monday, January 06, 2025
Don’t Mention the Coup!
Don’t Mention the Coup!
The memory of January 6 vanishes from Trump’s new
Washington.
By David Frum
January 6, 2025, 7
AM ET
The president of the United States is the country’s chief
law-enforcement officer and the symbol of national authority and unity.
This incoming president faces a battery of criminal charges
relating to his abuse of office and to personal frauds. He’s been convicted of some already; more are pending. He is also the author of a
conspiracy to overthrow the 2020 election and seize power by violence. More
than 1,000 of his followers have been convicted and sentenced for their roles in his attempted coup
d’état.
These two sets of facts are obviously in considerable
tension. How will they be resolved?
A strong desire exists—not only among pro–Donald Trump
partisans—to wish away the contradiction. Trump will be president again. Every
domestic interest group, every faction in Congress, every foreign government
will need to do business with him. It’s unavoidable; the system cannot operate
around him as if he were not there.
What cannot be avoided will not be avoided. And because
most of us need to believe in what we are doing, almost every institution in
American society and the great majority of its wealthiest and most influential
citizens will find some way to make peace with Trump’s actions on January 6,
2021. Nobody wants to say aloud, “The Constitution is all very well up to a
point, but the needs of the National Association of Birdhouse Manufacturers
must come first.” Inevitably, though, our words come into alignment with our
interests, and our thoughts then come into alignment with our words.
On the ever rarer occasions when the January 6 insurrection
is discussed, the excuses will flow more and more readily. Trump didn’t
conspire. It was just a protest that got out of hand. Only a tiny minority
broke any important laws. Surely, they have already been punished enough.
Anyway, the George Floyd protests were worse.
Even Trump’s opponents will fall more or less in line. As
Democrats try to make sense of their 2024 defeat, some are already arguing that
the party paid too much attention to procedural issues: too much talk about
democracy, not enough about the price of eggs. Many will argue that the best
way to win in 2028 is to attack Trump and his administration as servants of the
ultrarich—in other words, by dusting off the playbook that Democrats have
traditionally run against Republicans. Hillary Clinton, Joe Biden, and Kamala
Harris all campaigned against Trump as a kind of aberration; all welcomed the
support of non-Trump Republicans. Next time, things are likely to be different.
Trump will be lumped together with all of his Republican predecessors, and the
way to succeed in the lumping together is by jettisoning the topics on which
Trump is unique (violent coups d’état) and focusing on the topics where he is
not unique (tax cuts for the rich and regulatory favors to corporations). The
attempted coup of 2021 will be unhelpful old news in a 2028 cycle defined by
performative populism.
These imperatives will apply even to that supposed
incubator of anti-Trump feeling, the sad dying remnants of what used to be
called the mainstream media. (Today, of course, anti-Semitic and anti-vax
cranks on YouTube draw much bigger audiences than any program on CNN or MSNBC,
so what counts as “mainstream” or “fringe” is a very open question.)
If you’re a normal journalist trying to report on inauguration plans or the
staffing of the Cabinet or the administration’s first budget, your job depends
on access, and access depends on playing ball to a greater or lesser degree. If
you keep banging on about an attempted coup that happened four years ago, you
are just making yourself irrelevant. And when you encounter somebody else who
bangs on about it, you will be tempted to dismiss them as irrelevant, too.
The coup makers won. The coup resisters lost. Washington is
not a city that spares much sympathy for losers.
“This never happened,” advises Don Draper on
the television series Mad Men. “It will shock you how much it never
happened.” So it will be with the first attempt by a serving president to
overthrow the government he was sworn to protect.
Not all of us, however, have to live in the world of
Washington transactions. Some of us need to volunteer to keep talking about the
inconvenient things.
Trump really did try by violence to violate the first rule
of constitutional democracy: Respect elections. Constitutional democracy
matters, whether or not the theme helps Democratic candidates for federal
office, whether or not it energizes media consumers, whether or not it advances
the lobbying agenda of the National Association of Birdhouse Manufacturers.
Those volunteers don’t need to blame those other Washington players for doing
what they feel they need to do. The volunteers have only to remain faithful to
their purpose: to push back against the Draper doctrine that the unwanted past
can be made to disappear. It did happen. It should still shock us how
much it did happen.
The Internet Is Worse Than a Brainwashing Machine
The Internet Is Worse Than a
Brainwashing Machine
A rationale is always just a scroll or a click away.
By Charlie Warzel and Mike Caulfield
Illustration by Ben Kothe / The
Atlantic. Source: Samuel Corum / Getty.
January 6, 2025, 6
AM ET
Try to remember for a moment how you felt on January 6,
2021. Recall the makeshift gallows erected on the Capitol grounds, the tear gas, and the
sound of the riot shields colliding with hurled flagpoles. If you rewatch the
video footage, you might remember the man in the Camp
Auschwitz sweatshirt idling among the intruders, or the image of the Confederate flag flying in the Capitol Rotunda. The events of that day
are so documented, so memed, so firmly enmeshed in our recent political history
that accessing the shock and rage so many felt while the footage streamed in
can be difficult. But all of it happened: men and women smashing windows,
charging Capitol police, climbing the marbled edifice of one of America’s most
recognizable national monuments in an attempt to overturn the results of the
2020 election.
It is also hard to remember that—for at least a moment—it
seemed that reason might prevail, that those in power would reach a consensus
against Donald Trump, whose baseless claims of voter fraud incited the attack.
Senator Lindsey Graham, a longtime Trump ally, was unequivocal as he voted to
certify President Joe Biden’s victory that night: “All I can say is count me out. Enough
is enough.” The New York Post,
usually a pro-Trump paper, described the mob as “rightists who went berserk in
Washington.” Tech platforms such as Facebook and Twitter, which had generally
allowed Trump to post whatever he wanted throughout his presidency, temporarily
suspended his accounts from their service. “We believe the risks of allowing
the President to continue to use our service during this period are simply too
great,” Facebook CEO Mark Zuckerberg wrote then.
Yet the alignment would not last. On January 7, The
Atlantic’s David A. Graham offered a warning that proved prescient: “Remember what yesterday’s attempted coup at the U.S.
Capitol was like,” he wrote. “Very soon, someone might try to convince you that
it was different.” Because even before the rioters were out of the building, a
fringe movement was building a world of purported evidence online—a network of
lies and dense theories to justify the attack and rewrite what really happened
that day. By spring, the narrative among lawmakers began to change. The violent
insurrection became, in the words of Republican Representative Andrew Clyde of Georgia,
a “normal tourist visit.”
David A. Graham: Don’t let
them pretend this didn’t happen
The revision of January 6 among many Republicans is
alarming. It is also a powerful example of how the internet has warped our
political reality. In recent years, this phenomenon has been attributed to the
crisis of “misinformation.” But that term doesn’t begin to describe what’s
really happening.
Think back to the original “fake news” panic, surrounding
the 2016 election and its aftermath, when a mixture of partisans and
enterprising Macedonian teenagers served up classics such as “FBI Agent, Who Exposed Hillary Clinton’s
Cover-up, Found Dead.” Academics and pundits endlessly debated the effect of
these articles and whether they might cause “belief change.” Was anyone
actually persuaded by these stories such that their worldviews or voting
behavior might transform? Or were they really just junk for mindless partisans?
Depending on one’s perspective, either misinformation posed an existential
threat for its potential to brainwash masses of people, or it was effectively
harmless.
But there is another, more disturbing possibility, one that
we have come to understand through our respective professional work over the
past decade. One of us, Mike, has been studying the effects of our broken
information environment as a research scientist and information literacy
expert, while the other, Charlie, is a journalist who has extensively written
and reported on the social web. Lately, our independent work has coalesced
around a particular shared idea: that misinformation is powerful, not because
it changes minds, but because it allows people to maintain their beliefs in
light of growing evidence to the contrary. The internet may function not so
much as a brainwashing engine but as a justification machine. A
rationale is always just a scroll or a click away, and the incentives of the
modern attention economy—people are rewarded with engagement and greater
influence the more their audience responds to what they’re saying—means that
there will always be a rush to provide one. This dynamic plays into a natural
tendency that humans have to be evidence foragers, to seek information that
supports one’s beliefs or undermines the arguments against them. Finding such
information (or large groups of people who eagerly propagate it) has not always
been so easy. Evidence foraging might historically have meant digging into a
subject, testing arguments, or relying on genuine expertise. That was the
foundation on which most of our politics, culture, and arguing was built.
The current internet—a mature ecosystem with widespread
access and ease of self-publishing—undoes that. As the mob stormed the Capitol
on January 6, the justification machine spun up, providing denial-as-a-service
to whoever was in need of it, in real time. Jake Angeli, the “QAnon Shaman,”
was an early focus. Right-wing accounts posting about the insurrection as it
unfolded argued that these were not genuine “Stop the Steal”–ers, because
Angeli didn’t look the part. “This is NOT a Trump supporter…This is a staged
#Antifa attack,” the pastor Mark Burns wrote in a tweet that showed Angeli in the Senate chamber—which was
then liked by Eric Trump. Other “evidence” followed. People
shared a picture of Angeli at a Black Lives Matter protest that
conveniently cropped out the QAnon sign he had been holding. People speculated that he was an
actor; others interpreted his tattoos as a sign that he was part of an
elite pedophile ring and therefore, in their logic, a Democrat.
The use of Angeli as proof that these people were not MAGA
was just one of many such scrambles. Within a few hours, MAGA influencers speculated that one protester’s tattoo was a hammer and sickle—proof of leftist agitation.
On TV, a Fox News host argued that Trump supporters don’t wear dark helmets, or use black backpacks, so the mob couldn’t be Trumpist.
Fairly quickly, the narrative emerged that the attack was a false flag, and the
media were in on it. Conspiracists pointed to the time stamp of an NPR
live blog that seemed to announce the riot
before it happened as evidence it was all preplanned by the “deep state” (and
neglected to note that the story, like many, had been updated and re-headlined
throughout the day, while retaining the time stamp of the original post). The
famous footage of a Capitol Police officer heroically leading the
mob away from the door to the Senate was “proof” in MAGA world
that Trump supporters were being coaxed into the Capitol by
the cops. Similarly, images of officers overwhelmed by rioters and allowing
them past the barricades were further proof that the insurrection had been
staged. The real organizer, they argued, was the deep state, abetted by
far-left groups.
For a while, the rush to gather evidence produced a
confusing double narrative from the right. In one telling, the riot was
peaceful—the Trump supporters in the Capitol were practically tourists. The
other highlighted the violence, suggesting that anti-fascists were causing
destruction. Eventually, the dueling stories coalesced into a more complete
one: Peaceful Trump supporters had been lured into the Capitol by violent
antifa members abetted by law-enforcement instigators working for the deep
state.
The function of this bad information was not to persuade
non-Trump supporters to feel differently about the insurrection. Instead, it
was to dispel any cognitive dissonance that viewers of this attempted coup may
have experienced, and to reinforce the beliefs that the MAGA faithful already
held. And that is the staggering legacy of January 6. With the justification
machine whirring, the riot became just more proof of the radical left’s
shocking violence or the deep state’s never-ending crusade against Trump. By
January 7, Google searches for antifa and BLM (which
had not played a role in the event) surpassed those for Proud Boys (which
had). In the months and years after the attempted coup, the justification
machine worked to keep millions of Americans from having to reckon with the
reality of the day. December 2023 polling by The Washington Post found that 25
percent of respondents believed that it was “definitely” or “probably” true
that FBI operatives had organized and encouraged the attack on the Capitol.
Twenty-six percent were not sure.
Conspiracy theorizing is a deeply ingrained human
phenomenon, and January 6 is just one of many crucial moments in American
history to get swept up in the paranoid style. But there is a marked difference
between this insurrection (where people were presented with mountains of
evidence about an event that played out on social media in real time) and, say,
the assassination of John F. Kennedy (where the internet did not yet exist and
people speculated about the event with relatively little information to go on).
Or consider the 9/11 attacks: Some did embrace conspiracy theories similar to
those that animated false-flag narratives of January 6. But the adoption of
these conspiracy theories was aided not by the hyperspeed of social media but
by the slower distribution of early online streaming sites, message boards,
email, and torrenting; there were no centralized feeds for people to create and
pull narratives from.
Read: I’m running out of
ways to explain how bad this is
The justification machine, in other words, didn’t create
this instinct, but it has made the process of erasing cognitive dissonance far
more efficient. Our current, fractured media ecosystem works far faster and
with less friction than past iterations, providing on-demand evidence for
consumers that is more tailored than even the most frenzied cable news
broadcasts can offer. And its effects extend beyond conspiracists. During this
past election season, for example, anti-Trump influencers and liberal-leaning
cable news stations frequently highlighted the stream of Trump supporters
leaving his rallies early—implying that support for Trump was waning. This
wasn’t true, but such videos helped Democratic audiences stay cocooned in a
world where Trump was unpopular and destined to lose.
Spend time on social media and it’s easy to see the demand
for this type of content. The early hours of a catastrophic news event were
once for sense-making: What happened, exactly? Who was behind it? What was the
scale? Now every event is immediately grist for the machine. After a mass
shooting, partisans scramble for evidence to suggest that the killer is MAGA,
or a radical leftist, or a disaffected trans youth. Last week, in the hours
after a mass murderer ran a car into civilians on Bourbon Street in New
Orleans, Trump began tossing out lies and speculation about the suspect,
suggesting that he was a migrant (information later arrived indicating that the
driver was a U.S. citizen and Army veteran). The tragedy and the chaos of its
immediate aftermath became an opportunity to attack Democrats about the border.
This reflex contributes to a cultural and political rot. A
culture where every event—every human success or tragedy—becomes little more
than evidence to score political points is a nihilistic one. It is a culture
where you never have to change your mind or even confront uncomfortable
information. News cycles are shorter, and the biggest stories in the world—such
as the near assassination of Trump last summer in Pennsylvania—burn bright in
the public consciousness and then disappear. The justification machine thrives
on the breakneck pace of our information environment; the machine is powered by
the constant arrival of more news, more evidence. There’s no need
to reorganize, reassess. The result is a stuckness, a feeling of being trapped
in an eternal present tense.
This stagnation now defines the legacy of January 6. Once
Republicans rewrote their side’s understanding of the insurrection (as a
nonevent at best and an example of deep-state interference at worst), they
dismissed all attempts for accountability as “Trump derangement syndrome.”
Senate Republicans blocked initial attempts at a bipartisan January 6
commission; then–Senate Minority Leader Mitch McConnell called it a “purely political exercise” that would not
“uncover crucial new facts or promote healing.” During the congressional
hearings on the attempted coup, Fox News largely ignored the proceedings.
Trump, now president-elect, is pushing for an FBI probe of former Representative Liz Cheney
for her involvement in the commission. Its findings, released in a detailed
report, were immediately discredited by Republicans, who called it dishonest, politically motivated, and part of a
witch hunt. By Republicans’ cynical logic, the events of January 6 were
overblown, but are also ancient history. Only hysterical Democrats, obsessed
with taking down Trump, could not move on.
Democrats—and the two Republicans on the committee—were
right to seek accountability for January 6, but it proved exceedingly difficult
to do so in an information environment that is constantly stuck in the now and
the new. Trump and the MAGA media complex used the insurrection to
portray Democrats as a party of scolds, obsessed with the past, droning on
about democracy. The commission’s work was the sort of precise and methodical
case-building that is the opposite of the frenetic and immediate justification
engine. In an anti-institutional moment, the congressional truth-gathering process
read to some as academic, slow, even elitist. Many simply didn’t pay attention
to the process. Meanwhile, the right-wing ecosystem’s work to refute the
commission likely felt more improvised, authentic, and ultimately convincing to its followers.
When the Democratic Party chose to make the 2024 election
about Trump, his threat to the rule of law, and the “battle for the soul of
this nation,” as President Biden once put it, it was under the assumption that the indelible images of
January 6 would be able to maintain their resonance nearly four years later.
That assumption, broadly speaking, was wrong. Confronted with information that
could shake their worldviews, people can now search for confirming evidence and
mainline conspiracist feeds or decontextualized videos. They can ask AI and
their favorite influencers to tell them why they are right. They can build
tailored feeds and watch as algorithms deliver what they’re looking for. And
they will be overwhelmed with data.
The hum of the justification machine is comforting. It
makes the world seem less unpredictable, more knowable. Underneath the noise,
you can make out the words “You’ve been right all along.”