The Great Escape…

When I was 19, I ran for sophomore class president at the University of Washington. The night before the election there was a convertible caravan through the campus ending at a bonfire and outdoor stage where we candidates were to give campaign speeches. Great theater. The only complication was that I was a patient in the University Hospital. I had a classic case of mononucleosis – the kissing disease – and with swollen neck glands and a small fever university doctors thought it was serious enough to keep me in the hospital for a few days.

But the campaign was nearing its end and I wanted to ride in the parade and give my campaign speech. The solution was to have my buddies engineer an escape from the hospital – down the fire escape in my pajamas, stick a wedge under the door so I could get back in, a quick change in the car, and on to the parade. It was great. I sat up in the back of the convertible, waving to the crowd with friends who knew about my hospitalization cheering wildly as I drove by. 

I gave my little campaign pitch and the escape team drove me back to the hospital. Unfortunately, the wedge was gone, the fire escape door was locked, and I was out of luck. The only way back in was to ring the night bell and deal with the staff’s anger to re-enter. They let me in reluctantly and I sheepishly returned to my bed in the student ward.

Does this resonate with you – a person with a contagious infectious disease hospitalized for his own health and the protection of others who rebels against his doctors’ judgment and escapes to make a public appearance and showboat for a crowd of his supporters? Yup!!! 1957 meet 2020.

I was 19, and recklessly selfish. I was contagious and didn’t think about the effect on others. I was out of line but didn’t suffer any negative consequences for my indiscretion. I stayed in the hospital for two more days and was released for the last month of the school year. And…won the election for class president.

Donald Trump was also recklessly selfish He should have known better and others are telling him so. But, he’s a willful 74-years-old and his contagious disease is not mononucleosis. He has a virus that’s killed 214,000 Americans, yet three days after his diagnosis he’s claiming victory over the virus and using his hospitalization to grandstand with two finely choreographed entertainments – a joyride in a Secret Service vehicle to wave to supporters demonstrating outside the hospital, and a grand moment with helicopter arrival, slow walk up the White House stairs to strategically positioned American flags on the Truman balcony, where he theatrically removed his face mask, followed by a super salute to the helicopter after moving the photographer for a better picture.

He really should have stayed at Walter Reed. Instead, he’s back home where a lesser group, the White House medical team, is monitoring his vital signs –mental instability, steroidal manic episodes, verbal diarrhea, obesity, bone spurs, heart disease, and lack of empathy. 

Can he possibly think that his approach to coronavirus pandemic is a success when these friends and family have all contracted the virus? Melania, Hope Hicks, Stephen Miller, Senators Mike Lee (UT) Ron Johnson (WI) Thom Tillis (NC), Kaylie McEnany and three of her staffers, Ronna McDaniel (RNC Chairperson), Chris Christie, Bill Stepien (campaign chairman), Kellyanne Conway, Nicholas Luna (Trump’s “body man”) and John Jenkins (Notre Dame president).

I’ve always been embarrassed and astonished at my incomparable immaturity and disregard for putting the health and safety of others at risk in 1957. It is no longer incomparable. The comparable is a 74 year-old man-child who is neither embarrassed nor contrite for his callous disregard for the health and safety of others in order to stage two more photo-ops.

The government of the United States is not reality TV, although he has definitely shown himself to be “The Apprentice,” Hopefully he will not be renewed for next season and we can all breathe again.

Edgar Allan Poe’s Playbook…

As November 3, 2020 approaches, I’m reminded of Edgar Allen Poe’s horror story The Cask of Amontillado in which one character exacts revenge on another by enticing him into a wine cellar chaining him to the wall and then bricking up the entrance. I feel like the guy chained to the wall with William Barr, Louis DeJoy, and Mitch McConnell wielding the trowels and mortar.

Morbidly, I think Poe is the perfect author for this election, and whether it’s The Cask of AmontilladoThe Pit and the Pendulum where the prison walls close in on the helpless victim, or The Masque of the Red Death in which a plague (the Red Death) visits Prince Prospero’s masquerade ball there are a series of doomsday scenarios. Think Rose Garden super spreader!

Poe is a master of horror and all three stories resonate; I feel the walls closing in, the door being mortared shut, and Red Death stalking the once healthy American landscape.

Today, Donald Trump is receiving the world’s best medical care at Walter Reed National Military Medical Center. He’s there because his gross negligence and willful disregard of scientific evidence put his life and the lives of all Americans at risk for Covid-19. He failed to protect himself and the country by ignoring the mitigation strategies recommended by the world’s best epidemiologists and infectious disease scientists. Now we, the American taxpayers, are paying for an emergency helicopter ride and the Presidential Suite of a hospital committed to the care of the military. The same military he declined to serve when called and whose heroes he disparages as “suckers” and “losers.”

Meanwhile, the country is breathlessly awaiting word on his progress. His presidential campaign is on “pause.” Joe Biden, Hillary Clinton, and Barack Obama, all of whom he vilifies, have wished him a speedy, successful recovery, and Joe Biden has pulled all his negative campaign ads. John McCain, Herman Cain, and Ruth Bader Ginsburg are rolling in their graves.

Ironically I hope he survives; despite the fact that he is the primary reason 209,000 other Americans are dead from the “China virus.” I want him to see how we feel at the polls and understand that no one is above the law – not even the President of the United States. 

Nevertheless, if he does recover, he’s already warned us he won’t accept the election results unless he wins. His Postmaster General is busy dismantling the US Postal Service and slowing the mail. He has spent two months attacking mail-in balloting though the FBI and Federal Election Commission have assured us that there is virtually no fraud associated with mail-in ballots. He has alerted his followers and militia groups that he wants them to act as poll watchers i.e. to intimidate voters of color. 

The Trump playbook is available to all:

  • Question the legitimacy of the election. “If I lose it’s because it’s rigged.”
  • Voter intimidation
  • Claim victory on election night before all the ballots are counted
  • Challenge all mail-in ballots as invalid
  • Challenge all ballots not received by election night as invalid
  • Challenge all ballots not counted on election night as invalid
  • Refuse to accept a Biden victory
  • Refuse to leave the White House
  • Sue all states that he does not win for a recount
  • If there is no clear winner take the case to the Supreme Court
  • If there is no Electoral College winner, it goes to the House of Representatives where each state has one vote (there are 26 Red states and 24 Blue states currently).

As the walls close in and the pendulum swings, it’s incumbent on us to learn how the system was designed to work. I strongly recommend Bill Petrocelli’s book, Electoral Bait and Switch: How the Electoral College Hurts American Voters. The system is out of date and flawed, but until we get true electoral reform it will determine the winner on November 3rd

Edgar Allen Poe’s stories capture the drama of the current election. Let’s not let the Red Death or Covid-19 cheat us out of a legitimate election and an honorable president – Joe Biden.

A Faustian Bargain…

I’m both fascinated and repulsed by Donald Trump, and since 2016 I’ve been looking for a character in literature to use as a metaphor for his rise and fall. 

In the beginning I thought his affection for golden toilets and chandeliers made Jay Gatsby a comparable figure, and I wrote an essay making the case. Both are criminal pretenders, but Jay Gatsby operated behind a quiet, tasteful, polished persona. Trump could never pull that off. 

Then, his penchant for lying brought Pinocchio to mind. Imagine the image of that nose based on the number of lies told during his term? Enticing as that is it’s not a fair comparison. Pinocchio was kinda cute, but Donald is anything but cute. Still, the little puppet being manipulated is tempting.

Closer still are the major crime figures – Corleone and Soprano – but Freddo is the only Corleone or Soprano that’s as dumb and weak as Trump. We know the Don cozies up to real life Mafiosi, but neither Tony nor Michael were cowards which don’t stand up as comps.

Recently, though, someone mentioned The Art of the Deal and the Faust legend popped to mind. In Johann Wolfgang von Goethe’s retelling of the ancient German legend, Faust, like Trump, is the quintessential wannabe willing to sell his soul to be someone important. The Faust story is the prototype for “the art of the deal.” 

In Goethe’s tale, Dr. Faustus is the striver. He wants to learn everything that can be known and when he fails to achieve it he turns to magic. Enter the devil…Mephistopheles.

Mephistopheles sees an easy mark and bets God he can turn his favorite human by promising him everything he wants while he is here on Earth. In exchange Faust will give up his soul and serve the Devil in Hell when his life on earth is over. Except for the “ambitious for knowledge” part it’s all very Trumpian. Still, when it comes time to deliver, I can see Trump trying to weasel out of the deal. It won’t happen; this guy Mephistopheles is all about “Promises made, promises kept.”

The American version of the story has several interchangeable characters, but the basic version is this: Donald Trump is no seeker of knowledge. He’s a greedy insecure swampish wannabe who squandered $433 million of his father’s money seeking Manhattan society’s acceptance – something he could never achieve.

So, after a litany of business failures including five bankruptcies, he turns to reality television and a low class portfolio of beauty pageants. Enter the devil… 

In Moscow, Mr. Trump meets his Mephistopheles, Vladimir Putin, someone he’s admired and tried to meet for years. And, there in the Miss Universe contestants’ dressing room, he thinks up a deal. He will run for President of the United States while initiating a plan to build his dream – a luxury hotel – in Moscow. He thinks the presidential run will impress Putin, though he doesn’t expect to win. It’s another sleazy art of the deal deal; he will gift the penthouse of the Moscow Trump Tower Hotel to his idol in exchange for permission to build. 

The Devil sees a pigeon fluttering on his windowsill. The former KGB officer has just the tool he needs to rebuild the Russian Federation. Executed properly his tool could disrupt America’s hegemony in the world. Promise the tool anything. Introduce him to oligarchs and money launderers. Buy his condos. Give him cash to buy the golf courses he loves. Send hookers up to his hotel suite. Flatter him. Make him feel important. 

The hook is set and his soul, if he ever had one, has been sold for a building permit. It’s a fanciful bargain if Trump thinks he can outsmart a KGB officer who’s been running agents and turning asset for 40 years. 

So far the Devil’s return on investment has been astonishing. It has yielded a deafening silence to Russian bounties for US military scalps, US withdrawal from the Paris Climate Accords, withdrawal from the JCPOA (Iran nuclear treaty), removal of 11,000 American troops from Germany, compromising our Kurdish allies by pulling back US Special Forces in Syria, alienation of NATO and European Union partners, calling American servicemen and women “losers” and “suckers,” greenlighting white supremacists, and refusing to call out Russian election interference or the murder/poisoning of Russian dissidents. Quite a list.

Mephistopheles is no fool. He has Trump by the balls and when Don the Builder goes to collect on his art of the deal, my guess is Putin will smile and show him the “golden showers” pictures from the Ritz Carlton Moscow. You were in way over your head when you made this deal with the Devil, Don. 

Of course there are other versions of the Faust story rising from these swampy waters, and often Trump plays the role of Mephistopheles. There’s Jared Kushner and Mohammed Bin Salman, Evangelical Christians and Donald Trump, Mike Pompeo and Donald Trump, Lindsey Graham and Donald Trump, Melania and Donald Trump, Ivanka and Donald Trump. As the former Republican Rick Wilson says in the title to his book, Everything Trump Touches Dies.

“Where have you gone, Joe Dimaggio/A lonely nation turns its eyes to you…” Paul Simon (Mrs. Robinson)

Supreme Hypocrisy…

I went to law school during the era of the Earl Warren Supreme Court (1953 to 1969). So did Ruth Bader Ginsburg. She graduated from Columbia in 1959. I graduated from Boalt Hall at UC Berkeley in 1965. That’s about as close as I ever came to being on the same playing field as RBG.

Her death last week brought both grief and controversy. Her passing was not unexpected but it was politically untimely and has inflamed passions on both sides. Someone will be appointed to succeed her, but no one can replace her. She was one of a kind, and when she lies in state in Statuary Hall at the US Capitol on Friday, she will notch another first… the first woman ever to be accorded the honor.

I’m passing quickly through the five stages of grief – denial, anger, bargaining, depression, and acceptance. Every morning this week I’ve begun my day listening to Gregorian chants and every evening given myself over to a goyish version of sitting shiva (the week long mourning period observed by a Jewish family).

I’m trying not to get caught up in the successor controversy. Senate Republicans have the votes to confirm whomever the president nominates in the foreshortened time frame of the upcoming election and presidential inauguration. As Mr. Trump says, “It is what it is.”

On the other hand, there is the supreme hypocrisy of a process that denied Obama’s nominee, Merrick Garland, a hearing with ten months to go in the presidential term and this rush to confirm in 43 days. Regardless, it looks like Trump’s nominee will be a sitting member of the Supreme Court on January 20, 2021 and with 200 federal judges already confirmed by the Senate since 2016, American jurisprudence will be changed for generations.

But America itself has already changed… In four short years we have seen the nation transformed from a democracy courageous enough to elect an African American president to a backward-looking country ignorant enough to elect a white supremacist.

RBG saw it coming and called Mr. Trump a “faker” during the 2016 campaign. She said she could not imagine what it would be like if he became president. She realized the remark was inappropriate and almost immediately acknowledged her error by saying, “Judges should avoid commenting on a candidate for public office.”

On a higher note, I’m sure she would agree with Adam Cohen’s analysis of the court in Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Unjust America. With precision and perspective, Mr. Cohen, a member of the New York Times editorial board and editor in chief/president of Volume 100 of the Harvard Law Review, details the court’s rightward march in favor of corporations and wealthy individuals to the detriment of the middle class and poor. 

“Cohen’s ambitious, well-written book makes a convincing case that the court has contributed to growing inequality through its rulings on everything from election law and education to corporate law and crime.” —Christian Science Monitor

Mr. Cohen shows us case by case how the court has changed since liberals dominated the Warren court of the 60s and 70s. The pendulum swing is dramatic but not surprising. One can only hope with Martin Luther King that “The arc of the moral universe is long but bends toward justice.”

The more immediate concern as we wait for that arc to bend is Attorney General William Barr’s relentless efforts on behalf of a more powerful executive. Those efforts are undermining the concept of three co-equal branches of government. If successful and the Supreme Court becomes unbalanced 6-3 in favor of conservatives, it could take decades to rebalance our judicial system. The loss of RBG at this time is particularly upsetting.

She was a tiny giant whose work on behalf of equal pay, equal protection, and equal opportunity changed the landscape for all of us but American women in particular. Her blistering dissents on behalf of equality are legendary. Her law clerks idolized her, and her opinions are renowned for their clarity and carefully crafted prose. As an undergraduate at Cornell,, she studied comparative literature with Vladimir Nabokov, the famous prose stylist, whom she credits with making her a better writer.

She had always been admired by her peers on the court, but became a celebrity to others when she became the subject of two films recognizing her importance on the court, her singular achievements, and the distinctive lace collars she wore when the court was in session – some during oral argument, some for reading majority opinions and others to signal her dissent (photograph at the top of this essay).

Ruth Bader Ginsburg died on Friday, September 18, 2020 and will be buried next to her husband, Marty, at Arlington National Cemetery on Saturday, September 26th following two days in repose under the portico at the Supreme Court and one day in Statuary Hall in the Capitol rotunda.

RIP RBG

Vaccines…a Cautionary Tale

Health officials are beginning to wonder whether it will be possible to contain a spreading killer if society does not take more aggressive, intrusive measures. ‘Right now, we are paralyzed,’ said [the] director of the Centers for Disease Control in Atlanta leading the Federal Government’s epidemiologists tracking the disease. ‘We don’t have the data to fight this epidemic,’ he said yesterday.  

Opponents of widespread mandatory testing argue that it is unnecessary and could prove self-defeating by frightening possibly infected people away from the medical system.” February, 10, 1987 (NY Times)

This quote is from a yellowing article folded up in a book called Ethics and Other Liabilities. I hadn’t looked at the book in decades though the title is one of my favorites. It must have been fate that led me back to it. 

The article’s concern is obviously not the current Covid-19 pandemic but the HIV/AIDS epidemic of the 1980s, though the language could have been taken from today’s paper.

In this ramped up election year, we have a pandemic laying waste to our citizens – and to populations worldwide. Last night, the death toll in America crossed the 200,000 mark. 200,000 innocent victims of an insidious, invisible, invasive, highly contagious virus.

Operation Warp Speed is the public-private partnership initiated by the Trump administration in March to fast track the development, manufacture and distribution of 300,000,000 doses of a Covid-19 vaccine to Americans. Trump has been telling us it will be ready “before a very important day. You know what I’m talking about…” Yes, election day.

No one – not Dr. Robert Redfield his CDC director, not Dr. Anthony Fauci his NIAID director, not Dr. Stephen Hahn his FDA commissioner, not Dr. Jerome Adams his Surgeon General – in the scientific community believes a vaccine will be vetted and ready for distribution by election day – nor should it be. But, that’s the golden ticket Trump is campaigning on.

Rarely have drugs been fast tracked without normal safety and effectiveness protocols, and then only when “it may be effective” and potential benefits outweigh its risks for emergency use. “But, for a vaccine, the agency has always demanded a higher level of assurance of safety, for a simple reason: The vaccine will be given to healthy people.” (William Schulz, deputy commissioner for policy at the FDA, 1994-1999).

After 40 years of research there is no vaccine for HIV/AIDS

Operation Warp Speed is the medical equivalent of the Manhattan Project that developed the nuclear bomb or the Apollo Project that put a man on the moon. Without a vaccine, Covid-19 could be as deadly as the 1918 Spanish Flu that killed 675,000 Americans and between 20-50 million worldwide.

What are the prospects? It’s hard to say. In response to a question by Nicolle Wallace today, Dr. Irwin Redlener, director of Columbia University’s National Center for Disaster Preparedness cited mumps as a the fastest developed vaccine in medical history. Four years. If a safe and effective vaccine for Covid-19 can be developed it is likely to come sooner than that, but there is no assurance that it can be found. Mumps might be the standard we should refer to for the creation, testing, certification and distribution of a viral vaccine. 

Something to think about: remember Ebola? It killed 11,310 people in three Guinea, Liberia, and Sierra Leone before it was contained. There is no vaccine or cure.

  • Ebola, like Covid-19 is virus. There is no vaccine to combat it’s spread. There are only mitigating strategies to contain and limit the spread. 
  • HIV/AIDS is another virus without a vaccine. There are mitigating therapies but no cure. 
  • SARS (Severe Acute Respiratory Syndrome is the virus that appeared in February 2003 and mysteriously disappeared in July 2003. There is no vaccine for SARS.
  • Same with MRSA, the antibiotic resistant staph infection. 

Donald Trump is trying desperately to jawbone the coronavirus. His strategy keeps changing. “It’ll go away.” “Testing only creates more cases.” “The US is doing better than any other country.” “Kids are immune.” It’s a patchwork of wishful thinking.

As we enter the stretch toward the November 3rd election, he’s sidelined the country’s best infectious disease experts and brought on board Dr. Scott Adams, a radiologist with no infectious disease credentials to tout what Mr. Trump calls “herd mentality” (he means herd immunity) i.e. letting the virus run its course to see who survives, believing (without proof) that those who survive will develop immunity – at the cost of millions of dead Americans.

I sincerely hope Donald Trump pulls this rabbit out of somewhere. Maybe “a very important” part of his anatomy. I want a vaccine even more than he does, but I want it to be “safe and effective.” That’s the CDC standard, and it won’t come next month. Let’s be realistic. Coronavirus is among us and the guy that cheated on his SAT’s, claimed bone spurs to avoid military service, cheated subcontractors out of their pay, and paid off a porn star to avoid spoiling his presidential run is not the person I trust to vet anything – much less a vaccine. Let the CDC do its work (without interference). Let the FDA certify its safety and effectiveness (without political pressure), and let medical professionals distribute and deliver it. Then I’ll take my dose.