Monthly Archives: April 2019

WHY?

Image result for mueller reportThe easy part is done.  Even the redacted version of the Mueller Report presents a detailed manual of what happened during and after the 2016 election, and in many cases, how it happened.  And although we may disagree with Robert Mueller’s decision to adhere to the questionable policy from the Office of Legal Counsel at the Department of Justice that a sitting president cannot be indicted, there is no argument the Special Counsel and his team approached their task in an adult and professional manner.

Dr. ESP, we understand “professional,” but the term “adult” was totally unexpected.  Let me explain.  As many of you know, for many years I have devoted time to the study and teaching of creativity.  One module in the curriculum is called, “Don’t ask so few questions!”  This title draws on the tendency of frustrated parents to inhibit the inherent curiosity of their children by asking, “Why do you have to ask so many questions?”  One has to appreciate the irony that the father’s or mother’s rebuke is itself a question.

Yet, it is not just the number of questions children ask, but the nature of their inquiries.  What questions drive parents to despair?  WHY is the sky blue?  WHY can’t I have dessert at the beginning of dinner?  WHY can’t I watch the same TV shows you watch?  WHY can’t I have a baby sister?  Unlike adults who focus on the WHAT, HOW and WHEN of life, youthful curiosity unconsciously seeks the deeper meaning behind an experience or event.

With this in mind as I scanned the Mueller Report, I wondered how it might have differed if the investigative team had consisted of fewer adults and more children.  Would the junior members of the team have had a different interpretation of the May 17, 2017 directive by Rod Rosenstein upon the appointment of Mueller as special counsel.

(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James 8. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.

Unfortunately, an audience composed solely of adults looked at this charge and did what adults do.  They took it literally.  WHAT happened?  HOW did it happen?  WAS it legal?  However, Russian interference in the 2016 election and the efforts by Donald Trump and his associates to obstruct justice were mere symptoms.  Think of it in medical terms.  You go to a doctor because you have a skin rash.  The physician may give you an ointment to relief any discomfort, but hopefully, will also look for the root cause, e.g. allergies, chemical imbalance.

We still do not know the specific root cause of events over the past three and a half years.  That is where youthful curiosity would have been of value.  Consider these questions by the special counsel to which Trump and his lawyers provided written responses.

  • When did you first learn of the June 2016 meeting at Trump Tower?
  • Did you communicate with (various Russians) after June 3, 2016?
  • Did any person or entity inform you during the campaign that any foreign government…wished to provide tangible support to your campaign?
  • Prior to June 14, 2016, were you provided any information about the potential or actual hacking of the computer systems or email accounts of the DNC?
  • Where were you on October 7, 2016?  (That was the day WikiLeaks released John Podesta’s emails.)
  • How frequently did you communicate with Roger Stone?

And it goes on and on in this manner.  “Were you aware…?”  “Did anyone tell you…?”  And of course, as we now know, on 36 occasions, a man who previously claimed he had the best memory of anyone ever to hold the office of president replied, “I do not remember or I cannot recall.”

But, just imagine if a child had written the questions?  Surely, with tangible evidence of questionable activities in hand, one would have been more curious about WHY these events took place.   From my perspective, at a minimum, I want to know:

  • Why did so many Trump associates interact almost exclusively and so frequently with Russians during the campaign?
  • Why when warned of possible Russian interference by the FBI, the Trump campaign did not report Russian overtures made to Trump family members and campaign staff?
  • Why did Trump and his associates consistently lie during the campaign and once in office about interactions with Russians?

To be fair to Mueller and his team, maybe the WHY questions were part of the obstruction investigation which Trump and his lawyers refused to answer.  Perhaps we will get more answers to the WHY questions as part of the 14 on-going investigations which Mueller passed off to other DOJ divisions.

I remain on the fence whether a formal impeachment process is in the best interests of the country. Regardless, there remains a need for continued oversight hearings to get to these WHY questions because they provide us with a better chance to prevent similar future occurrences.   And the focus should be not only on campaign issues, but also governance concerns.  It is one thing for a candidate to succeed in part due to illegal activity.  It is perhaps even more dangerous for the incumbent to be compromised due to foreign entanglements.

That is why I agree with those members of Congress and pundits who believe the time has come to legislate norms for electoral behavior which most of us believed a candidate for president would or used to follow.  The most obvious is a requirement that any candidate release his/her tax returns and related business documents for a set period upon announcing a run for the White House.  However, there are other questions which provide a road-map of possible safeguards.

  • Should the president have the ability to unilaterally override recommendations by the FBI and the intelligence community related to security clearances?
  • Should the president have the authority to pardon individuals who have been convicted of criminal activity in service of the president?
  • Should an attorney general appointed by a president under criminal investigation be required to recuse himself/herself from any role in the investigation or its resolution?
  • Should the president be required to divest himself/herself of any business interests in foreign countries?

As Czech writer Milan Kundera reminds us, “The stupidity of people comes from having an answer to everything.  The wisdom of the novel comes from having a question for everything.”  Before seeking more answers, let us be sure we are asking the right questions.

For what it’s worth.
Dr. ESP

 

Augusta Caesar

Image result for cbs tiger has never come back to win a majorAt approximately 2:30 p.m. EDT yesterday, everyone stopped talking about Trump or the 3,000 announced candidates for the Democratic nomination.  It was all about Tiger.  After what many, including Tiger, believed were career ending back surgeries less than two years ago, Woods restarted his quest to match or surpass Jack Nicklaus’ 18 majors (now at 15) and Sam Snead’s 82 PGA victories (81 for Tiger).

With the live coverage and post-tournament recaps, one would think the media had said everything there was to say about this event.  Except for one.  CBS, earlier in the day, flashed a chryon noting Tiger had never won a major tournament when he did not lead at the end of day three.  The fact he did this for the first time in his 22 year pro career got lost in the hoopla about his comeback from personal and medical issues which had derailed his quest for major championships for almost 11 years.

It brings to mind Yogi Berra’s infamous assessment of his sport, “Baseball is 90 percent mental.  The other half is physical.”  No doubt, Tiger’s victory is a miracle of modern medicine.  Kudos to his doctors and trainers for finding a path to recovery.  But more than baseball, golf is an exercise in mental acuity.  There was something equally important going on in his head.  And without that cerebral component, it would have been just one more April at Augusta National.

So let me play amateur psychologist for a moment.  Until Tiger’s ex-wife Elin introduced the rear window of his SUV to a five iron, Woods was on top of the world.  He did not know what it meant to have to come from behind to win a major golf tournament.  On those rare occasions when he was in striking distance going into the final round, it was alien to him.  If he expected his challengers to fold as they often did when he was in charge, he was mistaken.  Even when  it looked like he might make his move, he did not.  It was not in his DNA.

Until January 2018.  His return to the PGA tour was a disaster.  Some of his most avid fans such as ESPN’s Mike Wilbon and Tony Kornheiser questioned whether the comeback attempt was a mistake.  Tiger was no longer on top, and more importantly the intimidation factor which spooked his opponents for over a decade was gone.  Not only did he need to get his health back.  He needed a new mindset.

For 65 holes this past week, nothing seemed to have changed.  Francesco Molinari beat back Tiger’s every attempt to catch him.  Announcers Jim Nance and Nick Faldo marveled at Molinari’s composure.  And then came  #12, the short par three which has swallowed up more than its share of championship hopes.  The Italian’s double bogey gave Tiger a share of the lead.  How did the four-time Masters winner respond?  Birdies on #13, #15 and #16 which game him an insurmountable two-stroke lead.

As it turned out when Tiger bogeyed the final hole, several players could have still forced a playoff with their own birdies on #17 or #18.  But Tiger was once again in their heads.  They now believed, even if they had come within reach, Woods would respond.  This was not the old Tiger who grabbed a lead early and held off any comers.  This was a new Tiger who now understands he does not always have to be on top to win in the end.

In other words, he saw; he came back, he conquered.

For what it’s worth.
Dr. ESP

 

…AND the American Way

Image result for mort sahl lbjBefore there was George Carlin or Lewis Black, there was Mort Sahl.  In August 1960, Sahl appeared on the cover of Time Magazine and was lauded as the person who could, through social satire, help voters understand the choices in the upcoming presidential election. In what seems unimaginable today, Sahl befriended several presidents despite his sometimes critical commentaries and was often invited to accompany them on Air Force One, which resulted in my all-time favorite Mort Sahl story which, 50 years later, I can only paraphrase.

I was flying back to Washington, DC from California with President Kennedy when the plane hit an air pocket and dropped several hundred feet.  Kennedy comes out of his private office in the back of the plane and walks right up to me.  He says, “Sahl, you realize what might have just happened don’t you?  If we had crashed, your name would have been in small print.” Ironically, the same thing happened again just recently when I was on Air Force One with Nixon.  Nixon walks to the front of the plane and says to all on board, staff and press, “I hope you realize how close the country came to losing its leadership.”That tells you everything you need to know about these two men.

Mort Sahl released 10 comedy albums between 1958 (At Sunset) and 1973 (Sing a Song of Watergate).  Of all these hours of what can only be described as “streams of consciousness,” one bit seems more relevant today than all the rest.  Again, I will paraphrase.

I know they did not mean it this way, but I never understood why the introduction to the television show Superman proclaimed ‘…this strange visitor from another planet…fights a never ending battle for truth, justice and the American way.”  In school, we were told truth and justice WERE the American way.  But when you add the AND, doesn’t that mean, “There is truth and justice AND then there is the American way.”

For the record, the original description of the Man of Steel, when he first appeared in DC Comics in 1941, did not include “and the American way.”  It was added when the television adaptation Adventures of Superman debuted in September 1952.

Sadly, it appears Sahl was on to something.  Consider the following.

  • Jeffrey Epstein receives a slap on the wrist for running a prostitution ring with under-aged girls.
  • Attorney General William Barr does not believe Congress, much less American voters, have a right to see the complete account of Russian interference in a presidential election.
  • The Illinois state attorney drops charges against actor Jussie Smollet, even though evidence suggests he faked a hate crime which cost the Chicago police time and over $125,000 in resources to investigate.
  • More is being written about the consequences to the children of the parents indicted for gaming the college admissions system than the impact on qualified applicants deprived of educational opportunities.  And despite the fact many of these students posed for staged photographs or provided writing samples that were used by SAT surrogates, “details in court documents indicate students were unaware of the parents’ actions.”   (Source: USA Today, April 12, 2019)  [NOTE: The USA Today story was accompanied by a slide show about Lori Loughlin’s daughter titled, “Olivia Jade Giannulli: Her Life in Pictures.”  Unfortunately, it did not include a mug shot of her with her parents.]
  • And of course, there is Donald Trump who lied, telling anyone who would listen that the Mueller Report had “totally exonerated” him of obstructing justice.  It’s as if the truth is Trump’s Kryptonite.

In July 2015, a CNN/ORC poll showed 95 percent of registered voters claimed honesty and trustworthiness were important characteristics of the next president. Likewise, in theory, most Americans believe in equal justice under the law.  However, as we learned in 2016, theory and behavior are two different things.  The question in 2020 is, “Does behavior change when theory meets reality?’  Consider the new-found support for the Affordable Care Act and it’s impact on the 2018 mid-terms.  In theory, Republicans could attack it.  But once voters realized what was at stake if ACA was repealed, their preferences changed.

So, what could be a winning message for Democrats next year?  Now that you know what it feels like when you have leaders who constantly lie to you, treat differently those who profess loyalty to those who do not and put personal gain above the national interest, remember when America was great.  Not when there was truth, justice AND the American way.  It was when truth and justice WAS the American way.

For what it’s worth.
Dr. ESP

Puttin’ on the Fritz

Related imageOne fact of life as we grow older is how the passing of friends and colleagues forces us to reflect on past experiences.  This past Friday, I recalled one of the more interesting phases of my career with the announcement former South Carolina Senator Ernest “Fritz” Hollings had died at the age of 97.  As I have mentioned a couple of times on this blog, I had the opportunity to serve as director of operations for the Senator’s 1984 presidential campaign.  In his memory, I want to share one of the more memorable episodes in this short-lived drama.

To gin up support and publicity prior to the New Hampshire primary, we scheduled the aviation equivalent of a “whistlestop” tour.  On a single day, Hollings would land at various airports across the Granite State and deliver a campaign speech.  At each stop a stage and bleachers were set up inside a hangar.

Senator Hollings had many assets.  However, elocution was not one of them.  His thick southern accent may have played well in his home state of South Carolina, but we thought New Hampshire might be another story.  The speech writers did their best to scrub the text of Dixie-ish colloquialisms which meant nothing to or might even baffle the target audience.   Additionally, Hollings barely moved his lips when speaking.  If you did not know better, you might think he was auditioning to be a ventriloquist, not running for the nation’s highest office.

Keep in mind this was 1984.  There were no cell phones or Internet.  And there was no live coverage of the tour.  Therefore, those of us who remained back at headquarters had no real-time access to the events on the ground.  We anxiously awaited a report when the campaign director returned to work the next morning. “Disaster” was all he could say.  He asked us to imagine the candidate’s amplified drawl echoing off the corrugated steel walls of an airport hangar.  Then he played a tape.  Even those who had worked on the Senator’s remarks could not decipher their own words.

Related imageWhich brings me to part two of this story.  If you think the candidate or the campaign manager is in charge of a political contest, think again.  In our case, the driving force behind Hollings run for the White House was his wife Rita, more affectionately known as “Peatsy.”  The morning after the New Hampshire “massacre,” Mrs. Hollings was in our office.  It’s been more than 35 years; so I can only do my best to recall the conversation but here is the essence.

Flying back to DC, I told Fritz, “We’re going to get you a speech coach.”  Of course, he resisted.  But I told him either to do this or shut down the campaign. Finally  he agreed, if and only if, the sessions took place at our home and no one else was there.  And no one was ever to know about this.

On that day, I learned the Hollings for President campaign might as well have been a five act Shakespeare tragedy in which the “moment of illumination” came in Act III.  We were already short on cash, staff salaries had been reduced and now we were going to pay for an elocution tutor.  No need to read ahead to Act V to figure out how this drama would end.  And end it did, the day after the New Hampshire primary having placed sixth with 3.54 percent of the vote.

Yet, one cannot help but imagine a political “bizarro world” where those dollars proved to be the turning point in Hollings’ quest for the oval office.  Perhaps Tom Hooper (director) and David Seidler (screenplay) would have won an Academy Award for “The President’s Speech.”  As described on IMDB, “The story of Fritz Hollings, his impromptu ascension to the White House in 1984, and the speech therapist who helped the unsure candidate overcome his Southern accent.”

For what it’s worth.
Dr. ESP

 

The Four Questions

Image result for passoverIn what often appears to be a random existence, Carl Jung tells us there is synchronicity.  Consider the following example of symmetry.  Two weeks ago tonight Robert Mueller submitted his report on Russian interference in the 2016 presidential election.  Two weeks from tonight, Jews around the world and their guests will come together to once again celebrate Passover, a holiday which commemorates the exodus from Egypt.  The ceremony is called a Seder (literally Hebrew for “order”) which centers on the retelling of the story of the Israelites’ freedom from slavery and journey to the promised land.

A unique feature of this rite is the setup.  Instead of the leader of the Seder (usually the eldest among the attendees) telling everyone, “I’m now going to tell you the story of our people’s deliverance from Egypt in ancient times,” the impetus for the narrative depends on the curiosity of the youngest in the room.  This ritual is known as the “four questions,” although there are actually five, the overarching one being, “Why is this night different from all other nights?”

I thought about this essential element of the Passover observance as I reread William Barr’s letter to Congress summarizing (despite what he now says) the two years of investigation by the Special Counsel’s office.  In this context, the Barr missive is best described as the opposite of the Haggadah, the “user’s manual” for conducting the Seder.  In his letter, Barr does not respond to his audience’s curiosity.  Instead, he chooses to play the role of the all-knowing patriarch who informs anyone within earshot, “Let me tell you a story.”  Which is why so many of us are dissatisfied with anything less than the full report.

So, let me take a short ride in my “way back machine” to Sunday morning, April 24th, the time at which William Barr gets ready to affix his signature to his letter of findings to Congress.  In this story line, I am a curious youngster.  I ask the attorney general four, actually five, questions.

Why was this presidential election different from all other presidential elections?

In other presidential elections, the outcome is solely the purview of Americans.  Why, in this election, does there appear to have been foreign interference?

In investigations of presidential conduct, the inquiry is supposed to be free of executive intervention.  Why, in this case, did the president take actions which appear to have hindered the special counsel’s mission?

In the making of U.S. foreign policy, the administration must put national interests ahead of personal pursuits.  Why, in this case, do the president’s statements and actions raise questions about whether he is compromised?

The integrity of the electoral process is critical to belief in a democratic system.  How do we ensure that we do not have to address these same questions in the future?

Just imagine if, on Passover, the leader of the Seder had taken Barr’s approach.  Why do we eat unleavened bread? Depends on what the definition of “unleavened” is.  Why do we eat bitter herbs?  It is not a crime.  Why do we dip our vegetables twice and why do we sit reclining?  Never mind, I don’t need to address those.

Just as the Haggadah lays out the narrative of the exodus from Egypt to remind us of what it means to be free and our responsibility to ensure others share that freedom, perhaps some day we will view the Mueller Report similarly.  At the beginning of each presidential election cycle we should read the report to emphasize the fragility of the legal and moral underpinnings of the American experience and our responsibility to protect it.

For what it’s worth.
Dr. ESP