Bob Schwartz

Category: Politics

Barack’s Birthday Card

This is not intended as a criticism of President Barack Obama, or of First Lady Michelle Obama (who by all accounts is loved by a vast majority of Americans, and much more popular than her husband), or of the Obama campaign.

But I did receive this e-mail message:

Bob —

Barack’s 51st birthday is coming up.

I hope you’ll wish him a happy birthday by signing the card we’re putting together for him.

You’ll be adding Bob, alongside thousands of other supporters’ names — folks from all 50 states, from all different backgrounds. Together, all those names will be impressive — they’ll show the strength of this campaign and our support for Barack.

And I know he’s going to love it.

Add your name today — and then ask a friend to join you:

These last few months until Election Day won’t be easy — so let’s show Barack we have his back every step of the way.

– Michelle

The short answer, respectfully and with all the regard I have for the President, is “maybe”.

Does the President really need a birthday card? Given the choice, wouldn’t he rather have our money and our votes?

The President’s birthday on August 4 just happens to be a few days away from my own. It is reported that they will be holding a small birthday party for the President in Chicago, which will serve as a campaign fundraiser. As far as I know, unless it’s a big surprise, nobody will be holding a fundraiser for my birthday.

It is unlikely that the President, the First Lady or the campaign are reading this. And if you are, shame on you, because you all have way more important things to do. But on the odd chance you are, here’s a deal. If Barack Obama, or even Michelle Obama, or even Jim Messina or some other campaign staffer will sign my card, I will sign Barack’s. It’s the least I can do.

Scissoring And Shunning Sheldon

Pay no attention, just for a moment, to the images above of billionaire Romney supporter Sheldon Adelson and to Sarah Silverman demonstrating the sexual act she would perform on him, if he agrees to instead give his money to Barack Obama.

The diversity of Jewish views on spiritual, social and political issues might be described as a crazy quilt that has never been pieced together. Or as a big tent without a ringmaster, no Pope to say what goes and what does not. This is admirable in some ways, but especially in stressed times, it can be uneasy and inconvenient.

Progressivism is a constant in Jewish thought and action, and just as constantly challenged by pragmatic and contrary considerations. The rise of Jewish neo-conservatism in America is a recent example, and the ready acceptance of Christian Evangelical support of Israel is another—paradoxical in that certain Christian eschatology clearly envisions the end of the Jewish people in Israel, at least as Jews.

Sheldon Adelson is taking this to a next step. He is using his unlimited campaign resources to target and convince Jews who may have mistakenly voted for Obama last time that only Mitt Romney and the Republicans offer a true Jewish vision of America and the world.

That’s where Sarah Silverman comes in. Having little by way of intellectual or humanistic argument to convince him, she offers to perform an exotic sex act on him,  if he will transfer to Obama the $100 million he has promised to use on behalf of Romney. We are going to hear a lot about bad taste, going too far, etc., but this is an indecent and brilliant piece of satire on many levels, worthy of tragic comic god Lenny Bruce.

Still, Sheldon Adelson is not going to take up this proposal. So here is another more decent one.

Even though Judaism has no final arbiter, outside of certain sects, this doesn’t mean that the Jewish communities are judgment-free. So while Sheldon Adelson can’t be “excommunicated” it can be made clear by other Jews that the agenda he is promoting with a tiny bit of his massive fortune does not represent Jewish ideals and that what he is doing is a schanda fur die goyim—a shame before the people and the nations.

Whether or not he gets scissored by Sarah Silverman, Sheldon Adelson should be shunned. There is no way to make it official, and even if there were the guess is that his billions could fix it. But conscience can’t be bought, any more than elections can (or that’s what we used to think anyway). Whether or not one is a Jew, let alone a “good” Jew, is something ultimately left to God and the individual. But that shouldn’t stop us from making clear that those who claim to act in the name of Judaism are not necessarily one of us.

Us And Them: Presidential Pink Floyd

In response to ABC’s Robin Roberts’ questions about Mitt Romney’s tax returns, Ann Romney stood firm:

“We’ve given all you people need to know and understand about our financial situation and about how we live our life.”

The benefit of the doubt might indicate that “you people” meant “the media” rather than the huddled masses yearning for information and transparency. But it does seem to fit the storyline that the Romneys believe, appropriately, that the rich are different.

In either case, Pink Floyd’s Us and Them from Dark Side of the Moon came to mind. Us and Them is hauntingly beautiful and multivalently obscure. Hundreds of interpretations have been generated (war? money? Kent State? Syd Barrett?). Who knows? This is art and Pink Floyd, for God’s sake, and like the rest of Dark Side it both washes over you and seeps into you.

Us and them
And after all we’re only ordinary men.
Me and you.
God only knows it’s not what we would choose to do.

Black and blue
And who knows which is which and who is who.
Up and down.
But in the end it’s only round and round.

Haven’t you heard it’s a battle of words
The poster bearer cried.
Listen son, said the man with the gun
There’s room for you inside.

Down and out
It can’t be helped but there’s a lot of it about.
With, without.
And who’ll deny it’s what the fighting’s all about?

Us and Them is clearly the theme of this Presidential campaign. So much so that we should adapt the Dark Side of the Rainbow approach, in which Dark Side of the Moon is mind-blowingly synchronized as the soundtrack to The Wizard of Oz. In this case, Dark Side can be synchronized to your choice of campaign videos. This is not as crazy as it sounds, especially given that both Obama and Romney have exhibited their musical chops. It is doubtful that either one has ever tried singing anything from Pink Floyd, or in Romney’s case even heard the band, but it would be fun and enlightening. The bright promise of politics in Eclipse, maybe?:

All that you touch
All that you see
All that you taste
All you feel.
All that you love
All that you hate
All you distrust
All you save.
All that you give
All that you deal
All that you buy,
beg, borrow or steal.
All you create
All you destroy
All that you do
All that you say.
All that you eat
And everyone you meet
All that you slight
And everyone you fight.
All that is now
All that is gone
All that’s to come
and everything under the sun is in tune
but the sun is eclipsed by the moon.

Aurora, Colorado

We are on a forced break from Big Politics and Big Entertainment as usual, in the aftermath of last night’s massacre at an Aurora, Colorado movie theater. Words fail in the face of the still unfolding details about this off-screen horror.

Business as usual will return, as it always does, at its own pace. Meanwhile, there will be attempts to make sense of the senseless. Conclusions will be jumped to, based on varying degrees of information and ideology.

There will be questions about the seeming increase in incidents like this, whether that seeming is based on anecdote or hard statistics.

There will be questions about the prevalence and availability of weapons of multiple destruction (WMD) in our country.

There will be questions about the effect of media and entertainment content on our lives.

All these are questions worth asking and answering constructively, which means openly and intelligently, and not just to score points. There will be time enough for that. Tragedies on any scale can indeed lead to progress and evolution. But there is a fine line so easy to cross, where the incident is just a rhetorical device to make some “bigger” and “more important” point. This can easily dishonor and disregard the basic nature of the loss. All of us who believe this or that, however fervently, have to take care.

There Is No MAD In Politics


The Supreme Court decision in American Tradition Partnership, Inc. v. Bullock confirms that states like Montana must follow the rule of Citizens United and allow corporations the same political speech rights as individuals, including speaking money in elections.

War Games (1983) is a charming movie with a serious message. The charming comes from a young Matthew Broderick, playing a computer geek whose gaming nearly starts a global thermonuclear war. He is able to avert it, and the serious message for everyone is spoken by the computer: “The only winning move is not to play.”

When nuclear weapons were used for the first and only time in 1945, and it was obvious that portions of the world could be destroyed in an instant, responses followed.  There were moves to keep them out of the hands of “bad guys”, there were demonstrations to “ban the bomb” from everyone, there were attempts to limit and reduce the weapons that everyone eventually got.

And then there was the idea of Mutually Assured Destruction (MAD). It was simple: If anyone with those weapons could as easily be destroyed as they could destroy, it would be “madness” for them to strike. And as much as our deepest humanity wants to deny it, MAD is the reigning paradigm that has prevented nuclear weapons from being used even once in the almost seventy years since Hiroshima and Nagasaki.

In post-Citizens United politics, there is no MAD. There is worthwhile talk of disclosure, transparency and constitutional amendments to at least moderate the influence of corporate money in elections. But there is also a realpolitik sense that in the meantime those with the biggest weapons may well win. And the prospective winners have no worries about being destroyed by any opposing arsenal. That is why, understandably, the Obama campaign very quickly pivoted on the issue of Super Pacs. It was a matter of political survival.

MAD has saved us from blowing ourselves up. It is not available to save the politics of democracy. It is time for the most creative minds to figure out something beyond the virtuously obvious but ineffective. Whatever that might be.

Pete Rose And The Healthcare Decision

It looks as if the Supreme Court will issue its decision on the Affordable Care Act (aka Heritagecare) this week. An unreported story is the relationship of this to baseball legend Pete Rose.

There has probably been more betting on the outcome of this legal question than any before, at venues such as Intrade. Presumably the bettors include some number of lawyers; with more than a million lawyers in the U.S., what are the odds of that?

Major League Baseball has so far banned Pete Rose from the Hall of Fame because he bet on games. Not games he or his team were involved in, just games. Ever since the Black Sox scandal almost a century ago, baseball has had a zero tolerance rule on gambling by anyone in the sport.

The courts and the bar associations that regulate the practice of law have well developed and strict rules of conduct for lawyers. Obviously illegal gambling is just that— illegal—and clearly out of bounds. Gambling addictions that affect practice have also taken a prominent place in the rules of professional responsibility.

But it doesn’t appear that reasonable and prudent legal gambling of any kind is an ethical problem for lawyers. Unless, that is, there is some kind of Pete Rose issue about it. Specifically: Can lawyers responsibly and ethically bet on court decisions with which they have absolutely no relationship? The answer awaits investigation, and maybe some law review articles.

As for the case itself, they say that only fools predict difficult Supreme Court decisions. So a fool rushes in:

1. The Court will have the law stand or fall as a whole and not pick and choose. There is no severability clause. The court can appropriately say that with such an integrated and complex piece of legislation, if Congress got it wrong constitutionally, it is up to Congress to get it right.

2. If it falls on the basis of the mandate, as widely expected, the reasoning of the majority is going to be a sight to behold and study. A principle of jurisprudence at every level is to decide legal issues as narrowly as possible, unless there is an intention to make a bold legal statement. When the Supreme Court speaks, the bolder the statement, the more far-reaching the impact. In a three-branch democracy, any statement about the limits of powers is very loud and long-echoing.

3. We may not have nine opinions, but we may have an almost complete set of concurring and dissenting opinions. For those who have never read dissents in Supreme Court opinions, be aware that in difficult and controversial cases, it is not unheard of or inappropriate for dissenting Justices to politely but clearly state that the majority is in all respects wrong (see the four dissents in Bush v. Gore).

And now, the bottom line. Intrade traders have placed their bets, and they say the chances of “The US Supreme Court to rule individual mandate unconstitutional before midnight ET 31 Dec 2012” are 76.5%. Judging by the comments on the site, the bettors are some combination of knowledgeable thinkers and anti-Obama ideologues. Intrade and those analysts willing to go out on a limb are right. The mandate will be found wanting, with strenuous disagreement among the Justices. And on the basis of non-severability, so will the entire Affordable Care Act.

Or, then again, maybe not.

Elizabeth Warren And Native American Lending

Elizabeth Warren is a figure of considerable talent and successful public service. On the heels of a controversy that has been dogging her, though, an irony has cropped up that is worth a note in passing.

Even in a political season where the bizarre has become the everyday, Elizabeth Warren’s run for a U.S. Senate seat from Massachusetts has taken some strange turns. While her claim to Native American heritage is entirely legitimate, her handling of the politics surrounding it has been less than smooth. And now there is an unremarked upon twist to it.

You’ve probably seen television ads for the Internet lender Western Sky Financial. A pretty woman in braids looks you straight in the eye and offers you a personal loan. “Yes, the money is expensive,” she admits, “but it is a lot cheaper than a payday advance.” All the while, the Western Sky three-tipi logo is emblazoned onscreen, as a drum beats softly in the background.

The Western Sky site explains:

Western Sky Financial is owned wholly by an individual Tribal Member of the Cheyenne River Sioux Tribe and is not owned or operated by the Cheyenne River Sioux Tribe or any of its political subdivisions. Western Sky Financial is a Native American business operating within the exterior boundaries of the Cheyenne River Sioux Reservation, a sovereign nation located within the United States of America.

In an earnest section on Responsible Lending, Western Sky outlines its philosophy:

Fair Dealing among people is a Lakota Tradition, and a concept that is fully embraced by Western Sky. Fair Dealing requires parties to be open and honest and to treat others with respect. Western Sky believes Fair Dealing to be an important aspect of being a responsible Lender.

Western Sky seeks to employ the concept of Fair Dealing at all levels of customer relations, from the application process to the details of loan repayment. This page outlines our approach and what we ask you in return. If you have any questions regarding our commitment to Fair Dealing or our expectations of you, please feel free to ask.

Here are some of the loan rates:

Loan Product Borrower Proceeds Loan Fee  APR   Number of Payments Payment Amount
$10,000 Loan      $9,925          $75   89.68%        84              $743.49
$5,075 Loan       $5,000          $75   116.73%       84              $486.58
$2,600 Loan       $2,525          $75   139.22%       47              $294.46
$1,500 Loan       $1,000          $500  234.25%       24              $198.19
$850 Loan         $500            $350  342.86%       12              $150.72

Demand for easy but high-interest loans has skyrocketed in these hard times. In response to possible overreaching, a number of states that had previously kept their legislative hands off have jumped in to try and set some limits.

It appears that hundreds of Native American-related lending companies, including Western Sky, have cropped up to meet consumer demand. Despite state efforts to weigh in on this development, tribal sovereignty in the face of state laws has prevailed. In 2011 the Native American Lending Alliance  was formed to establish best practices and to make sure that sovereignty in this area remains intact and unassaied.

The only entity empowered to take on any question of tribal-related lending is the federal government. In recent years the federal government did generally take on consumer lending and related  issues with the establishment of the Consumer Financial Protection Bureau. But Native American lending is a legally complex and sensitive matter, and neither the federal government nor the CFPB is currently addressing it as frontline cause.

And that’s where the irony comes in. The CFPB is to a great extent the creation of Elizabeth Warren. She conceived it and helped build it. So at a time when Native American interests are operating just outside the purview and the spirit of the CFPB, Elizabeth Warren’s own Native American heritage has become a bit of a campaign issue.

The two have no direct connection, and all we know tells us that Elizabeth Warren always stands squarely on the side of consumers. But it is ironic: not a big irony, but certainly a curious twist in an endlessly curious and twisted political season.

Bobby Kennedy: To Strive and Not To Yield


June 6th is the anniversary of the assassination of Robert F. Kennedy in 1968. The assassination of his brother John F. Kennedy is a milestone, a marker between eras. The assassination of Bobby Kennedy is a touchstone, a regular reminder that bright possibilities exist for a while, but things get in the way. Life goes on, just not the way you imagined or dreamed.

It seems useless to add to the volume of words about Bobby Kennedy. Not as many words as those devoted to his brother, who was, after all, President. After all, Bobby Kennedy was not President, and maybe would never have been. Maybe destiny planned all along to serve us up Richard Nixon. Maybe that Kennedy presidency could never live up to expectations or aspirations. We have learned that he was not a personal or political saint, but that was not a surprise. Saints belong in churches, not politics. We want and need heroes, which often means tragic ones. Bobby Kennedy was that and more.

For those unfamiliar with his life and career, here is the condensed version, courtesy of Congress:

KENNEDY, Robert Francis,  (brother of John Fitzgerald Kennedy and Edward Moore Kennedy, grandson of John Francis Fitzgerald, uncle of Patrick J. Kennedy, and father of Joseph Patrick Kennedy II), a Senator from New York; born in Boston, Suffolk County, Mass., November 20, 1925; graduated from Milton (Mass.) Academy; served in the United States Navy Reserve 1944-1946; graduated from Harvard University in 1948 and from the University of Virginia Law School in 1951; admitted to the Massachusetts bar in 1951; attorney, Criminal Division, Department of Justice 1951-1952; campaign manager for John F. Kennedy’s election to the United States Senate in 1952; assistant counsel, Senate Permanent Subcommittee on Investigations 1953; assistant counsel, Hoover Commission 1953; chief counsel to the minority, Senate Permanent Subcommittee on Investigations 1954, and chief counsel and staff director 1955; chief counsel of Senate Select Committee on Improper Activities in the Labor or Management Field 1957-1960; campaign manager for John F. Kennedy’s election to the Presidency in 1960; Attorney General of the United States from January 1961, until his resignation September 3, 1964, to be a candidate for the United States Senate; elected as a Democrat from New York to the United States Senate and served from January 3, 1965, until his death; died from the effects of an assassin’s bullet at Los Angeles, Calif., June 6, 1968, while campaigning for the Democratic presidential nomination; interment in Arlington National Cemetery, Arlington, Va.

Bobby Kennedy was a lover of literature and poetry. He frequently quoted the poem Ulysses by Alfred, Lord Tennyson. It is the tale of the old warrior Ulysses, who eschews comfort for mission. He has already sacrificed family life for duty, and he can’t help but set out one more time. It is not about glory, but about the dullness of a life of ease and about fiercely pursuing a dream until the end of days.

The poem closes with one of the great calls to action in the English language, both realistic and idealistic. “That which we are, we are,” Ulysses says. Bobby Kennedy was what he was.

…Come, my friends,
‘T is not too late to seek a newer world.
Push off, and sitting well in order smite
The sounding furrows; for my purpose holds
To sail beyond the sunset, and the baths
Of all the western stars, until I die.
It may be that the gulfs will wash us down:
It may be we shall touch the Happy Isles,
And see the great Achilles, whom we knew.
Tho’ much is taken, much abides; and tho’
We are not now that strength which in old days
Moved earth and heaven, that which we are, we are;
One equal temper of heroic hearts,
Made weak by time and fate, but strong in will
To strive, to seek, to find, and not to yield.

This is how it ends: Bobby Kennedy giving a victory speech after his winning the California Presidential primary. All these years later, the divisions he speaks about seem just as present and pressing as ever. Could he have healed them then? Could he heal them now? Not too late to seek a newer world:

I think we can end the divisions within the United States. What I think is quite clear is that we can work together in the last analysis. And that what has been going on with the United States over the period of that last three years, the divisions, the violence, the disenchantment with our society, the divisions—whether it’s between blacks and whites, between the poor and the more affluent, or between age groups, or in the war in Vietnam—that we can work together. We are a great country, an unselfish country and a compassionate country. And I intend to make that my basis for running.

Update: A check mid-day on June 6 shows that a Google News search for “Bobby Kennedy” results in 7 hits and a search for “Robert F. Kennedy” finds 24, and some of those concern gossip about his son Robert F. Kennedy, Jr. It might be that the 44th anniversary of any event is less important than the rounder numbers like 40 or 50. Besides, we aren’t obliged to pay attention to anything, present or past. There is some tendency, not only today but maybe always, to dismiss looking back at pivotal events as pointless nostalgia. But history is not nostalgia, a confusion related to the very current idea that trivia is news. This endless political season is filled with lots of lesser mortals on all sides, not indictable because they are flawed, but because their flaws so outweigh their nobility. The point of the post is to remind us that this doesn’t have to be true, and there was a time when it wasn’t, and might yet be again.

Money, Power & Wall Street: The Don’t-Miss Can’t-Watch Documentary

It is hard to recommend the four-part PBS Frontline documentary Money, Power & Wall Street and hard not to. Difficult as it is to watch the financial crisis unfolding, the film is superior even by Frontline’s high standard of excellence. As a history and prospectus, it is an insightful, even-handed and essential work of reporting. As a source of optimism, it is a complete failure, because the conclusion is that nothing has substantially changed, and that maybe nothing will.

It is as good as any disaster movie in pulling us in and moving us inexorably along. We see the scenes in detail, meet the cast of characters—lead and supporting actors—and have a growing sense of foreboding: this can’t end well.

It is different than most disaster movies in two ways. Most have some heroes, and with a few exceptions, there are no heroes here. And most disaster movies end with some movement toward rebuilding and reform, and with a sense of lessons learned: we will keep better watch for asteroids, we will build a system of asteroid warning and protection, we will come out this with a fundamentally better society. There is none of that here.

Yet Money Power & Wall Street has to be seen by every American. Those with political agendas will no doubt point to particular decisions or non-decisions, or particular actions or inactions, to prove a partisan point. But when they do, they will have missed the bigger point. In a world where financial forces become too big to understand or control, it is still our job as citizens and public servants to understand and control them. Because when it finally hits, ideologies and political badges are not really going to matter.

Smooth Newt and Newtsex Models


Sometimes posts don’t make it to the blog on time. The Republican Presidential primaries moved so fast that yesterday’s hot item becomes tomorrow’s “Who?” or “Who cares?” in a flash. Newt Gingrich is back in the news today, with the apparent collapse of his business mini-empire. This is in no way kicking a man when he’s done, since it is simply fascinating, not critical.

For those who think that “Smooth Newt” and “Newtsex Models” refer to something about a Presidential candidate, you are in for a shock. They are in fact references to four Newtsex models (known as Mark I, II, III and IV) that are part of a very sophisticated biological study of the courtship of the smooth newt (triturus vulgaris). The article How Long Will Newts Wait? explains:

The Newtsex model simulates the behavioural transition between two parts of newt courtship, Retreat Display and Creep, and models the interaction between four causal factors: the behaviour of the female, the male’s spermatophore supply, his need for oxygen, and feedback from the male’s own behaviour. The model predicts that, if feedback from the female is withheld at a critical point (Tail-touch), the male will revert from Creep to Retreat Display after an interval, the duration of which is proportional to his spermatophore supply. The results of an experiment in which the female’s behaviour was controlled support this prediction, but a high level of variance in the results suggests that respiratory constraints on male courtship behaviour require further investigation. (Behaviour, March 1991)

Newtsex. Tail-touch. Creep. Retreat Display. This is science. You cannot make this stuff up.