Should Biden Pardon Trump?

Fresno Bee, January 24, 2021

On his way out the door, Donald Trump pardoned a bunch of his buddies. Trump didn’t pardon himself, as some suspected he would. And now one wonders whether President Biden might consider a pardon for Trump.

At his inauguration, Biden spoke of unity, love and healing. Would a Trump pardon help? This was Gerald Ford’s reasoning when he pardoned Richard Nixon. Ford explained, “the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former president of the United States.”

There is much to think about here. What is the role of justice and pardon in the life of the nation? And in our own lives?

The pardon power is easily abused. Trump pardoned his cronies, including his son-in-law’s father. Bill Clinton pardoned his brother, Roger Clinton. And Arnold Schwarzenegger commuted the murder sentence of the son of a political ally.

The pardon power exists because the judicial system is a blunt tool. The executive can make exceptions that correct failures and excesses — or that recognize the unique circumstances of wrongdoers.

Presidents Ford and Carter commuted the sentences or granted amnesty to tens of thousands of Vietnam era draft dodgers and deserters. After conscription was abolished and the war ended, it seemed odd to punish those who refused to fight.

Not everyone was happy about this. Those who obeyed the law and fought in Vietnam resented this move. It seemed to discredit their own service and sacrifice.

Justice requires fair and equal treatment. It also demands negative consequences for wrongdoing. If you do the crime, they say, you must do the time.

Strict retributivists argue that forgiveness is unjust since it fails to give wrongdoers what they deserve. But justice is not the only thing that matters. Forgiveness is beneficial emotionally and psychologically. It heals resentment and promotes kindness. Mercy can build reconciliation and help create a new future.

The world’s religious traditions often celebrate these values. Some even imagine God as merciful and compassionate. But how does God’s mercy relate to divine justice? If you want to generate an argument, ask a friend whether they think God would forgive Hitler.

Forgiveness is an exception to the rule of punishment. For this reason it appears arbitrary and capricious. It unfolds that way in our own emotional lives. Anger and resentment fester, until one day they fade away. It is often not clear why this happens.

There is a mystery here that theologians call grace. Forgiveness is a gift. To forgive is to give up on anger and the demand for punishment. It is to give in to love, compassion, and other tender-hearted values.

But should presidents and governors have the power to bestow this kind of gift? In the old days of kings and emperors, people thought that the sovereign’s mercy was guided by God. But we know that our leaders are merely human. And we see that the pardon power can be abused for corrupt and venal purposes.

Nepotism and cronyism are obvious problems. It is wrong to use the promise of a pardon to create loyalty in the cover up of a crime. It is also wrong to sell pardons or to pardon political cronies. These corrupt uses of the pardon power make it appear that justice is not blind, but that she is only winking at the rich and well-connected.

This shows us the deep political problem of the pardon power. Its promiscuous usage undermines faith in the rule of law and the fairness of the justice system. In defense of the rule of law, it seems that we must make examples of those who break the law.

After Ford pardoned Nixon, many were outraged at justice denied. The tranquility Ford hoped for failed to materialize. Nixon appeared to have gotten away with his crimes. As a result, Ford’s political power waned.

So after you are done arguing about God and Hitler, turn the conversation to Ford and Nixon — and Biden and Trump. What is the function of justice, punishment, and pardon in the life of our nation? And what is the role of mercy and forgiveness in your own life?

Erotic Untruth and the Violence of January 6

The January 6 attack on the US Capitol gives us a lesson in the futility of violence.

Human beings have a terrifying tendency to kill each other over horseshit (to use a technical term).  Violence typically rests upon a delusion.  The bigger the lie, the worse the violence. 

Religious and ideological warfare are extreme cases.  Terrorism and cult violence routinely occur: with Jonestown, Heaven’s Gate, Aum Shinrikyo, the Manson Family, in Waco with David Koresh, and so on.  There is an analogy linking QAnon to al Qaeda. 

Some of the Trump insurrectionists believed outrageous falsehoods: that Biden and Pelosi were communists; that Covid-19 was a sinister plot; that pedophiles, Satanists, and lizard people had infiltrated the government.  This horseshit was accompanied by other more insidious lies: that the election had been stolen; and that the Congress and Vice-President could overturn the Electoral College. 

A broth of bullshit was brewing when the President said, “Our country has been under siege for a long time.”  He said, “If you don’t fight like Hell, you’re not going to have a country anymore.”  This rhetoric is eschatological and existential.  It is not surprising that the pot boiled.

The rioters believed they were patriots leading a noble revolution.  But they did not seem to think beyond the immediate outburst of violence.  What was supposed to happen next?  And why did they think they could get away with it?

Some have blamed the rioters’ obliviousness on the sense of impunity that comes from white supremacy.  But at bottom this was a product of the delusion of violence.

Violence is mired in immediacy.  It is reactive and episodic.  Violence focuses the mind on the present moment.  Violence promises simplicity, clarity, and consummation.

This promise is false, of course.  But violence is not about truth.  It is about power in the moment.  It is an expression of anger and contempt.  It is not strategic.  It is emotional, exciting, and erotic.

Tangled webs of braggadocio and bullshit typically lead to violence.  Closed networks reinforce delusion and breed a sense of superiority and impunity.  Critical thought is destroyed by anger, fear, and the love of brothers-in-arms.  When the delusions are eschatological, common sense is trampled underfoot. 

We have known that violence is rooted in psycho-social dynamics since Cain killed Abel and Achilles sailed off to Troy.  Freud described how hate and violence are perversely linked to love.  Aggression against “the other” binds us together and gives us meaning. 

It does not matter that our ideology is a lie.  In fact, falsehood binds us tighter together in an erotic dance.  When some “other” challenges our delusions, we strike out.  When those delusions involve love and identity, the other becomes a menace who must be destroyed. 

Religious violence has often worked this way.  Sometimes religious violence involves tangible conflicts about land or resources.  The Crusades had political and economic causes.  But the faithful frequently fight in the name of the fabulous.  The warriors themselves want glory, as well as penance and atonement.  They want to be purged and healed, uplifted and inspired.

And so human beings continue to kill and die in defense of unprovable myths.  The most dangerous myth of all is the myth that links violence to righteousness and redemption.  Prior to Trump’s speech on January 6, Rudy Giuliani proposed “trial by combat.”  This medieval nonsense holds that somehow the gods ensure that the righteous defeat the unholy. 

But violence has nothing to do with morality.  Good guys get killed as easily as bad.  Violence occurs at the level of physical power.  It decides nothing about truth, holiness, or moral worth. 

The myth of violence is essentially pagan.  It reflects a primitive theology.  To view the world as a battlefield supervised by the gods is to ignore a more elevated notion of the divinity.  If there is a God, wouldn’t He want us to reason together rather than to kill each other? 

The solution to the problem of violence is as old as Jesus and Socrates.  Jesus said the peacemakers were blessed.  And Socrates encouraged us to ask critical questions about the horseshit that encourages violence.  The truth is that violence is not reasonable.  Nor is it loved by the gods. 

Rebellion, Fantasy, and Nihilism

Fresno Bee, January 10, 2021

The mob’s attack on the Capitol was a juvenile outburst of rebellion doomed to fail.

What we witnessed on Wednesday was a juvenile outburst of rebellion. A motley mob stormed the Capitol without a plan or strategy. The violence was disorganized. This was a desultory insurgency instigated by a leader who lives in a fantasy world, where ranting and raving masquerade as thinking.

The image of Shakespeare’s King Lear comes to mind. As Shakespeare put it, nothing comes of nothing. This shambolic coup offers a warning about nihilism and a lesson about power and rebellion.

There is in the human soul an impulse toward anarchy. We bridle against restraint. We want the world to conform to our own image. This impulse is often destructive and nihilistic.

The rebel is a toddler angry at his parents. He is an adolescent lashing out at the world. Rebellion can do short-term damage. But the rebel’s ferocity is feckless. Juvenile rebellion cannot effect lasting change.

The rebel paints the world in black and white, leaving no room for compromise. He has no desire to build because he is focused on burning things down. He has no strategy because in his fantasy, the world should revolve around

The rebel fails to understand that this is a world of highly organized systems of power. There really is a deep state. It cannot be transformed by random outbursts of violence or emotion.

Power is tightly woven in complex webs involving political bureaucracies, transnational corporations, educational institutions, religious traditions, and so on. Political change in the modern world requires strategy based in this reality. This is slow and complex work. Random protest is toothless in the face of the bureaucratic state and institutionalized power.

The would-be revolutionaries of the 21st century — on the left and on the right — are deluded if they think this system can be opposed by disorganized explosions of anger. In the long run, the cops and the courts will win every time.

Political change requires an organized, fact-based approach to the world that avoids wishful thinking. Almost always this involves compromise and working to find common ground in a shared conception of the world. Most of what the party of Trump has done since the November election has been futile because it is based on the fantasy that Trump actually won the election. Lies have limited power. They eventually run aground on reality.

Juvenile rebellion is prideful and angry. Sometimes it is simply thrill-seeking. Other times it is a violent convulsion of despair. Almost always it is based in an unrealistic view of self and world. This leaves the juvenile rebel strangely susceptible to lies, conspiracy theories, and authoritarian politics.

The rebel feels that the world ought to satisfy his desires. When it does not, he gloms onto a savior or hero who makes him feel powerful. The rebel seeks out lies that feed his ego. This can evolve into a cul-de-sac of conspiracy, where the truth gives way to a reflection of the rebel’s own self-image.

Most rebels grow up and grow out of this nihilism. When rebellion comes of age, it mellows and deepens to discover a larger truth. A good explanation of this is found in Albert Camus’s book “The Rebel.” Camus describes how rebellion becomes nihilism. From nihilism, totalitarianism can emerge. Those who believe in nothing are susceptible to anything. But if we keep growing and looking for reality, rebellion can give birth to solidarity, justice, love, generosity, and wisdom.

The impulse of rebellion will always be with us. But it must be educated and sublimated. Artists and entrepreneurs nurture the spark of anarchy. So too do religious mystics and scientific geniuses. The creative imagination smashes barriers. But it does not destroy for the sake of destruction. Rather, it aims to build something out of nothing.

The energy of anarchy is youthful and exuberant. Without guidance this energy circulates in nothingness. When rebellion remains stupid, it is merely destructive. But when the spirit of rebellion is informed by truth, there is hope for justice, compassion, and wisdom. For this to happen you need a strategy that accepts reality. Instead of ranting into the storm with King Lear, you need to harness the wind and put it to work.

Beyond Self-Care: Cultivating an Active and Engaged Self

Self-care is a common theme for 2021.  One wellness website said: “focus on yourself this New Year’s Eve” and “indulge in these self-care strategies as you enter 2021.”  The article recommended “allowing yourself to indulge in a night of luxurious me-time.”

This is not a bad idea.  A little self-care is fine from time to time.  But self-indulgence is occasional.  It is not a way of life.  We need something larger and less transitory.  Self-care should become self-cultivation. 

The self is not an infant we care for or a set of appetites to be indulged.  The self is a dynamic system that seeks fruitful activity.  The adult self is a growing and changing, goal-oriented being.  The self thrives when it is challenged; it prospers when it produces lasting goods such as love, art, science, virtue, and wisdom.

The pampering indulgence of self-care is aimed at stressed out people.  Self-care is an antidote to the rat race and a response to the tragedies and suffering of 2020.  But “me-time” should not climax in onanistic withdrawal.  2021 will require the active intelligence of an engaged self.

There is some wisdom in self-care.  The self-care movement often affirms modesty and mindfulness.  This affirmation of simple pleasure is useful for those who are wound up tight by our cranky, competitive culture.  It is OK to unwind on occasion.  Drink some wine.  Soak in a tub.  Take it easy.

Sometimes the self-care movement offers clichéd common sense about hygiene and mindfulness.  Yes, we should drink more water, be present, and take walks in nature.  But this often becomes sappy, self-indulgent pampering—an apology for sleeping late or over-eating.  And self-care is often merely a marketing ploy for spas, lotions, and chocolate. 

The self-care movement is quite broad. On the one hand, it includes the discipline of yoga.  As one yoga website puts it, “Yoga is a great form of self-care.”  On the other hand, self-care is about… well, something else you do with your hand.  An article in The Oprah Magazine celebrates masturbation as part of a “self-care routine.”  The author reports that some evenings she even cares for herself twice!

There is nothing wrong with pleasure.  But moderation is essential.  And pleasure is not an end in itself.  Happiness and morality often require us to forego pleasure.  Work, discipline, and focus are essential for the self to thrive.  Stress and anxiety are essential parts of a creative and ambitious life.  When other people are suffering, self-care is selfish.  Justice and compassion impel us beyond self-care toward care for others.

This discussion can be traced back to the conflict between Epicureans, Stoics, and Christians.  Epicurus suggested we should live modestly, avoid controversy, and enjoy simple pleasures.  The Stoics rejected this.  They emphasized strenuous duty, while claiming that pleasure makes us soft.  Christians also rejected Epicureanism, focused as they were on suffering, death, and resurrection.  Epicurean self-care is too sensual for Stoics and too secular for Christians. 

Ideally, we would weave these ideas together by connecting self-care with self-cultivation.

Care rooted in a kind of worry.  A care-free person has no worries.  When we care for something, we worry about it.  The problem of self-care is that it is a kind of worrying about the self.  It can be onanistic and self-absorbed. 

Cultivation is much more affirmative and dynamic.  When we cultivate something, we grow it.  Cultivation is related to “culture.”  Culture is a dynamic process that is the result of labor, interaction, and imagination. 

Human beings are not only focused on pleasure and relaxation.  We are also concerned with love, justice, courage, compassion, knowledge, art, and wisdom.  When we are absorbed in fulfilling activities, the self fades away.  The self-oriented path of indulgence is limited in comparison with the self-less activity of inspiration, insight, and interconnection. 

So here is what I propose for the new year.  Instead of retreating to the bathtub, let’s put our hands to work.  Learn.  Teach.  Create.  Make music.  Do science.  Love your neighbor.  Fight for justice.  Pursue wisdom.  These are the goods of a fully human life.  The challenge of 2021—and of life in general—is to cultivate a self that loses itself in inspired and engaged activity. 

Vigilance, Patience and Hope: The Drive Toward Enlightenment

Fresno Bee, December 27, 2020

On the longest night of the year, we drove through the fog looking for starlight. Other people had the same idea of driving uphill to see the conjunction of Jupiter and Saturn. In a parking lot in Prather, carloads of masked stargazers emerged from the fog and looked toward the heavens, seeking the Christmas star.

We are all looking for inspiration these days. If you rise above the fog, there are wonders to be found.

The last time the planets lined up like this was 800 years ago. The stars move at their own pace. We must learn to wait and keep our eyes open. The philosopher Marcus Aurelius said that stargazing washes away the filth of the earth. The cosmos teaches patience and perseverance.

This was a star-crossed year. Disease killed people and jobs. Our democracy teetered on the brink of disaster. Let’s drink a toast to all we’ve lost and endured. Let’s also learn from the light that shined in the darkness. If there is wisdom in the gloom, it comes from the values of the Enlightenment. It was science and law that prevented 2020 from being darker than it was.

When the Black Death hit Europe in the Dark Ages, astrologers blamed it on a triple conjunction of Jupiter, Saturn, and Mars. We know much more today about the stars and about disease. We know how to prevent contagion and predict the weather. We peer into the molecular basis of life and into the depths of space. We build vaccines and satellites. Let’s give thanks to the scientists who shed light.

One of the wonders of 2020 was the growth of virtual reality. Satellites, computers, and cell phones kept us connected in the gloom. Without these technologies, social distancing would have been impossible. Let’s give a shout out to the wizards of Silicon Valley.

Telecommunication transformed the field of education. Difficulties remain, including educational inequity and a digital divide. But students are learning in ways that could not have been imagined last year. Hurray for the educators — and the students and parents — who pioneered a new model of teaching and learning.

Our civic values were challenged in unprecedented ways. The year began with impeachment. It ended with outrageous falsehoods about a stolen election. This was a year of protests and anger. We are more polarized than ever. Racial animosity afflicts us. There is corruption in the halls of power.

But citizens enlightened ourselves about history and the Constitution. And ethical professionals held back the darkness. Lawyers and judges remained committed to their code of ethics. Soldiers, cops, and firefighters did their duty. Business leaders supported justice and the common good. Nameless bureaucrats served with honor and integrity. Enlightenment depends upon the good work of citizens and civil servants.

As this pestilential year comes to a close, what should we resolve for the future?

I propose we need to affirm the value of vigilance. “Eternal vigilance is the price of liberty,” they say. This is common sense for those who drive through fog. We must be mindful and alert. Watchful care is the key to enlightenment.

Vigilance is the moral of Albert Camus’s novel, “The Plague.” That book is an allegory about the plague of totalitarianism in the 20th century. Camus noted that plagues stimulate enlightenment by opening our eyes. We must learn “a vigilance that must never falter.” The good man, Camus said, “is the man who has the fewest lapses of attention.”

The stewards of civilization must be watchful, as we drive toward the light. New diseases are waiting to infect us. A random sneeze can start a pandemic. Tyrants and crooks wait to take advantage. Indifference leads to disaster.

Enlightenment is not something that just happens. Our scientific and technological prowess is the result of centuries of cultural evolution. Our legal system has a similar heritage. And the work of education is never done.

On sunny days, it’s easy to let your guard down. When the fog comes, it is easy to lose hope. But there are stars above the haze. Good and decent people live nearby. Science and reason provide hope in the darkness. Patience and vigilance keep us moving toward the light.