Coyote Blog

Via Zero Hedge:

The Washington Post and New York Times have recently opened up their platforms to Op-Eds defending, justifying and promoting abhorrent behavior committed against conservatives. Calling them out is the Washington Examiner's Byron York, who notes that "the toxicity of the resistance to President Trump has risen in recent days," with both papers "publishing rationalizations for denying Trump supporters public accommodation and for doxxing career federal employees."

First up, Stephanie Wilkinson, the owner of the infamous Red Hen restaurant in Lexington, Virginia. Wilkinson unapologetically booted White House spokeswoman Sarah Huckabee Sanders and her family last June. Wilkinson told the Washington Post at the time that her gay employees were too triggered by Sanders to serve her due to the Trump administration's transgender military ban.

It is going to be fascinating to see how these folks on the Left thread the Constitutional needle to make it illegal to refuse to bake cakes for gay weddings but legal to refuse service to Republicans.  My prediction is that someone on the Left is soon going to try and I am sure the New York Times will gladly give them editorial space to do so.  My guess is that any such theory will take advantage of the popular but bogus "hate speech is not free speech" idea.

I don't really get worked up about accomodation law too much one way or another.  I know our company benefits from being open to all.  We get calls all the time from customers who have been turned away because they have kids or have an older RV and we are happy to have their business.  It's not as true today but 15 years ago we gained a lot of good workers by hiring gay campground managers when many campgrounds thought it was "unsafe" to employ gay people around kids in campgrounds.  On the other hand, I read the First Amendment right of association as the right not to associate as well, so if folks want to turn away business it does not wildly bother me.  I personally wouldn't bake a cake for, say, the local Nazi party rally or Che Guevara birthday party.

My public policy rule of thumb is to allow folks to refuse accommodation as long as they represent a small percentage of the supply in a market.

As most libertarians feared, all those Republican concerns about Executive power under President Obama seem to have magically disappeared now that the President has an "R" after his name.  President Trump is set to put on his magic Thanos glove and snap his fingers and impose 5% Tariffs on Mexico.  The ostensible reason is to force Mexico to reduce immigration to the US, though I think it is becomming pretty clear that Trump actually thinks tariffs benefit Americans and he wants any excuse to impose them on our major trading partners (how about a 5% tariff on Canada if the Raptors win the NBA Finals?).  And all those Republicans in Congress who just 2 years ago nominally 1) were pro free trade; 2) were against raising taxes on Americans; and 3) were against expansions of executive power -- they are just going along meekly.

Scott R. Anderson and Kathleen Claussen attempt to explain what possible legal authority he might have to do so, and it turns out the decision rests on Trump's earlier declaration of a national emergency at the border.

By the way, I know a lot of readers really piled on me every time I tried to compare the border wall to the Berlin Wall.  Didn't I understand that it is totally different to keep people out than to keep them in.  I never thought that made much sense -- the wall blocks free movement of people and I am not sure its morality turns 100% on which side of the border built it.  Perhaps my point is now clearer.  What if Trump convinces Mexico to build the border wall, or at least use more aggresive policing to keep people in Mexico.  Isn't THAT now just the same as the Berlin Wall?

I have spent pretty much zero minutes paying attention to the Kardashian women (I think I saw them more in the "People vs. OJ Simpson" than I have in all other media combined).  But I have great respect for how Kim Kardashian is spending her celebrity credit.  She seems to be doing real work that helps real people on an important issue, and one that does not give her the immediate virtue signalling credit as, say, making uniformed statements about the climate might.

Kim Kardashian West is staying true to her pledge to fight for prison reform.

CNN has learned that the E! star has been quietly working behind the scenes over the past three months to help commute the life sentences of 17 first-time nonviolent drug offenders.

Brittany K. Barnett, Kardashian West's personal attorney and co-founder of the Buried Alive Project, and MiAngel Cody, lead counsel of the The Decarceration Collective, told CNN that Kardashian West has been instrumental in the release of these inmates.

"Kim has been funding this project and (has been) a very important supporter of our 90 Days of Freedom campaign as part of the First Step Act, which President Trump signed into law last year," Cody said. "We've been going around the country in courtrooms and asking judges to release these inmates."

Barnett added that without Kardashian West footing the bill, this would not have been possible. "(Kim) has provided financial support to cover legal fees so that we can travel the country. Our relationships with our clients don't end when they are freed. (Kim) is truly dedicated to the issue. I work personally with her, we are really grateful."

But she's not just paying legal fees.

"When people get out of prison, they might be incarcerated hundreds of miles from their families and they might need help getting home. Really important, critical things that people might not realize -- and those are things Kim is helping with as well," Cody added.

From even before day 1 of the Trump Administration, the "resistance" has proclaimed that Trump is an illegitimate President and anyone who even has civil discourse with him will be othered and humiliated.

Readers know that I find Trump and his style to be distasteful, and believe he is dead wrong on immigration and trade, but the irony of the Resistance's position is:

1. I am not sure there ever has been a President more open to a deal (at least on issues outside of his hot buttons like immigration and trade).  If one approaches him to bargain, he will bargain.  If one instead challenges his manhood, he is going to dig in his heels and likely childishly harden his position against whatever you support.
2. There are very few things that Trump seems to have a hard-and-fast ideological position on, which tells me he is likely to act pragmatically (or in the case where he is resisted, vindictively).
3. There is zero evidence that he is anything but a liberal on social issues  (OK, yes, he has been crass and offensive with women, but many other prominent social liberals have done the same thing).  I have gay friends who were horrified at his election, but I still don't see any evidence Trump has a problem with gay people. Prominent gay rights groups should go to the White House and could make some real progress (and then maybe create a Kickstarter campaign to help beef up Trump's Secret Service protection because Pence could be a real problem on gay rights issues if President).

I have said all this for a while but am reminded of it from this story by Jacob Sullum entitled, "Kanye’s real success: Trump now backs criminal justice reform"

Kanye West’s literal embrace of President Trump was all over the news last week. The president’s rhetorical embrace of criminal justice reform got considerably less attention, but may prove more consequential.

In an interview with Fox News on the morning of his meeting with the rap impresario, Trump signaled that he was ready to go beyond “back-end” reform, which focuses on rehabilitation of inmates, and support “front-end” reform, which focuses on reducing sentences and sending fewer people to prison.

The key to understanding Trump’s remarks is Alice Marie Johnson, whose sentence the president commuted in June at the behest of West’s wife, Kim Kardashian.

This came across my desk from one of my campground managers via our internal incident reporting system.  I swear we in this country are having a collective mental health breakdown.  Names obscured to protect privacy:

LadyA was walking by a campsite that was occupied by an unrelated group that was having a discussion and President Trump was mentioned in the conversation. At that point LadyA inserted herself into the conversation and began to curse at them. LadyA then proceeded to her campsite and passed by another camper and began to curse her and her dog. At this point I was driving by when a camper stopped me and informed me of the situation. I proceeded to LadyA's campsite where I found her sitting in a chair and screaming and cursing loudly. I tried to calm her and she was upset to the point where I could not calm her down. She was also on the phone with her friend who had called and was trying to calm her down also. She then began to curse me and when I asked her to stop or I would have to call the County Sheriff's Office, she became combative and I removed myself from the situation and contacted the sheriff's office.  When the Officer arrived we found she had been consuming numerous beers and she was combative to him and he was forced to arrest her and remove her from the campground.  At this point I refunded the last three nights of her reservation. LadyA's friend came in later and removed her belongings.

I will add that I get political emails from both major parties and from their increasingly shrill and over-the-top tone, I wonder if this isn't exactly the kind of citizen both parties are trying to create (as long as they vote the right way).

Just one day after their coordinated virtue signaling about their important role in maintaining a civil society**, a coalition of media companies have filed a motion (pdf) seeking the names and addresses of the jurors in the Manafort trial.  I am a huge supporter of sunlight and disclosure in  government, and perhaps there is a precedent for this, but it seems like a terrible idea.  I have served on two criminal juries in my lifetime and I can guarantee you I would have resisted participation had I known that my name and home address would be released to the public in association with the trial verdict.

CNN in particular has some history in misusing doxxing.  A year or so ago they threatened a Reddit user with doxxing if he didn't stop posting a meme critical of CNN.  Given that probably 95% of the employees of this media coalition probably want to see Manafort convicted, there is real reason for concern how this information might be used.

In FOIA rules, the decisions to release a particular piece of information to one petitioner is a decision to release it to everyone,  I am not sure if similar rules would apply here.  Kind of hoping that Ken White at Popehat chimes in on this.

** A conclusion I am sympathetic to, though I think the media undercuts their argument a bit by acting as thin-skinned and as childish at times as President Trump does.

Update:  Judge denies motion.  Good.

When special prosecutor Ken Starr finally presented charges to Congress against Bill Clinton, it was for lying under oath about his sexual escapades with Monica Lewinsky.  Did someone really originally authorize Starr to look into this?  No, his original mission was to look into any criminal wrongdoing associated with the Clintons and the Whitewater Development Corporation from Clinton's days in Arkansas.  But he got nowhere with that, so like a typical prosecutor he looked for something else illegal so he could still score a "kill".

The other day, special prosecutor Mueller staged a very high-profile raid on President Trump's long-time attorney.  His original brief was to look into whether the Trump campaign conspired with Russians to win the election.  Readers will know I have always been skeptical of this.  I believe while the Russians were spinning propaganda about the election, its effects were incidental and likely not coordinated with Trump, though he may have benefited.  I think one could craft at least as strong a story about Clinton connections with the Russians as you can about Trump connections.

Anyway, the raid the other day made it clear that Mueller is getting no farther with Russia than Starr got with Whitewater.  He raided Trump's attorney's office (a pretty aggressive move) to get evidence of ... lying about details related to Trump's Stormy Daniels affair and perhaps for details about the famous Trump Access Hollywood tape.  While I am skeptical that there is much in the Russia story, I am more than willing to believe that there may be lying and fraud related to Trump's business and sex lives.

If history does not repeat itself, it certainly echoes.

Postscript:  When Republicans see the far Left slate of candidates the Dem's are likely to field for President in 2020, they are going to long for Bill Clinton.  Heck, I could list a lot of states that would happily run Clinton as their Republican candidate for Congress in 2018.

The other day Megan McArdle wrote an article entitled "The CFPB Fight Is Completely Pointless...Why is either side spending political capital for brief control over this agency?"  In short, the the folks on the Left who mostly populate the Elizabeth Warren / Barrack Obama created agency argue that deputy director Leandra English should become acting director after the current director stepped down.  President Trump argues he should be able to appoint the acting director (as the President would for any other agency) and appointed CFPB critic Mick Mulvaney.

My heart thrills as readily as anyone’s to the sight of a doomed soldier playing Horatius at the Bridge. But at least Horatius Cocles had a purpose: He secured an orderly retreat, allowing the army to live to fight another day. What, exactly, do [Leandra] English and her supporters hope to achieve, other than a spectacle for wonky Washingtonians?

The most they can get is a brief period of business as usual, during which it will be hard to enact binding decisions because the legitimacy of her leadership will be in doubt. At worst, they get a humiliating smackdown from the courts, cementing their place in history as elitists who thought they were above petty restraints like elections or the Constitution.

And in the broader political picture, if you think Mulvaney is a bad, dangerous man who will privilege the interests of rich bankers over those of ordinary Americans, you’d probably rather have him running the CFPB than in his current job -- overseeing the entire federal budget. Even if English wins and sends him back to OMB, this seems like a Pyrrhic victory for the left.

While most everyone else on the Internet seems to be able to automatically intuit everyone else's internal motivations, I don't claim to have that ability.  So I will offer one possible motive why Leandra English might see personal benefit from this otherwise pointless struggle.

It is no news to say that the US has arrayed itself into multiple tribes that hate each other.  The election of President Trump has only accelerated this.  Trump is so disliked by those on the Left that folks on the Left can score major points with their tribe by publicly opposing him, even when their effort is doomed and ultimately pointless.   Wendy Davis is a good example of a politician who greatly increased her status in the Left-tribe with an ultimately doomed filibuster of an abortion bill in Texas (so much so that a hagiographic movie is being made about her).  I have wondered whether several of the judges who have temporarily halted controversial but probably legal executive actions by Trump were not motivated as much by playing to the audience in their tribe as they were by making a thoughtful legal decision.

Which brings me to the agency problem, which Wikipedia defines thus:

The principal–agent problem, in political science and economics, (also known as agency dilemma or the agency problem) occurs when one person or entity (the "agent") is able to make decisions on behalf of, or that impact, another person or entity: the "principal".^[1] This dilemma exists in circumstances where agents are motivated to act in their own best interests, which are contrary to those of their principals, and is an example of moral hazard.

Common examples of this relationship include corporate management (agent) and shareholders (principal), politicians (agent) and voters (principal), or brokers (agent) and markets (buyers and sellers, principals).^[2] Consider a legal client (the principal) wondering whether their lawyer (the agent) is recommending protracted legal proceedings because it is truly necessary for the client's well being, or because it will generate income for the lawyer. In fact the problem can arise in almost any context where one party is being paid by another to do something where the agent has a small or nonexistent share in the outcome, whether in formal employment or a negotiated deal such as paying for household jobs or car repairs

I think too often people define the agency problem only about economic incentives, e.g. my broker only recommends the stocks that pay him the highest commission.  But most of us are motivated by many things in addition to money.

Consider the example of a media conglomerate with multiple cable channels.  The managers of this media conglomerate are mostly of the Left.  One of their channels is called the shooting channel and focuses on gun reviews and the shooting sports.  The channel needs a new president, and it hires Hannah Progressive, either internally or from another successful media company.  Hannah is a talented media person with a proven track record of building cable channels and a perfect fit in every way except that she is disdainful of the shooting sports and groups like the NRA.  But let's say that Hannah is a true professional and can put that aside.  But what may be harder to put aside is the reaction of her peers.  She is going to get teased, maybe even bullied, by folks in her social circles.  Her peers are going to look down on her, even if she is successful (maybe especially if she is successful).  There is going to be tremendous pressure on her, both from her social circle as well as well as when she thinks about future job prospects an the industry dominated by the Left, to virtue-signal to others on the Left.  She could be tempted to shift content, alliances, advertisers,etc. in ways that signal virtue to her tribe but might alienate her current viewers and actually hurt the financial results of her company.

I frequently think about this in the context of how university presidents respond to protests, or how the NFL does so, or when seeing ESPN programming changes.  I have even seen it with programmers, working harder to impress their peers with the elegance of their code than to try to actually write things that serve the company and the customer.

Some Conservatives are miffed that Trump is apparently not going to move the US Embassy in Israel to Tel Aviv

In March 2016, addressing the American Israel Public Affairs Committee conference, Donald Trump said that, as president, he would move the U.S. embassy in Israel to Jerusalem. Trump called that city “the eternal capital of the Jewish people.”

Now, however, President Trump has decided to keep our embassy in Tel Aviv. A senior White House official explained: “We don’t think it would be wise to [move] it at this time” because “we’re not looking to provoke anyone when everyone’s playing really nice.”

This promise to move the US Embassy in Israel is evergreen, and is always broken.  A similar promise by candidates such as Barack Obama to declare the Ottoman treatment of the Armenians to be genocide is another promise of symbolic action that is never actually implemented in office.  These mostly symbolic gestures are really powerful in campaigns, because they will tend to energize certain groups and make them more likely to vote for you.  But it turns out that each of these actions would tend to tick off unpredictable, scary, violent parties, the negative consequences of which might well outweigh the benefits of the gesture.  Even ignoring violence and irrationality, these actions impose an opportunity cost, likely limiting progress on other diplomatic fronts with these same parties.

This is why the vast majority of actual government actions reside in the lower left square in the framework below -- don't believe me?  Look at the legislative output from any particular session of Congress.  The vast majority of the actions taken are to declare some special day, a low-cost symbolic action meant to make some group feel warm towards some politician.

Ten years ago, we published an editorial from our Chinese sister publication Panda Blog.  Though some of the details of their government's financial actions have changed since then, the gist of it is still correct -- the Chinese government still engages in actions that they call "export promotion" and President Trump calls "currency manipulation".  So I think this editorial from the perspective of the Chinese consumer is still relevant:

Our Chinese government continues to pursue a policy of export promotion, patting itself on the back for its trade surplus in manufactured goods with the United States.  The Chinese government does so through a number of avenues, including:

• Limiting yuan convertibility, and keeping the yuan's value artificially low
• Imposing strict capital controls that limit dollar reinvestment to low-yield securities like US government T-bills
• Selling exports below cost and well below domestic prices (what the Americans call "dumping") and subsidizing products for export

It is important to note that each and every one of these government interventions subsidizes US citizens and consumers at the expense of Chinese citizens and consumers.  A low yuan makes Chinese products cheap for Americans but makes imports relatively dear for Chinese.  So-called "dumping" represents an even clearer direct subsidy of American consumers over their Chinese counterparts.  And limiting foreign exchange re-investments to low-yield government bonds has acted as a direct subsidy of American taxpayers and the American government, saddling China with extraordinarily low yields on our nearly $1 trillion in foreign exchange.   Every single step China takes to promote exports is in effect a subsidy of American consumers by Chinese citizens.

This policy of raping the domestic market in pursuit of exports and trade surpluses was one that Japan followed in the seventies and eighties.  It sacrificed its own consumers, protecting local producers in the domestic market while subsidizing exports.  Japanese consumers had to live with some of the highest prices in the world, so that Americans could get some of the lowest prices on those same goods.  Japanese customers endured limited product choices and a horrendously outdated retail sector that were all protected by government regulation, all in the name of creating trade surpluses.  And surpluses they did create.  Japan achieved massive trade surpluses with the US, and built the largest accumulation of foreign exchange (mostly dollars) in the world.  And what did this get them?  Fifteen years of recession, from which the country is only now emerging, while the US economy happily continued to grow and create wealth in astonishing proportions, seemingly unaware that is was supposed to have been "defeated" by Japan.

We at Panda Blog believe it is insane for our Chinese government to continue to chase the chimera of ever-growing foreign exchange and trade surpluses.  These achieved nothing lasting for Japan and they will achieve nothing for China.  In fact, the only thing that amazes us more than China's subsidize-Americans strategy is that the Americans seem to complain about it so much.  They complain about their trade deficits, which are nothing more than a reflection of their incredible wealth.  They complain about the yuan exchange rate, which is set today to give discounts to Americans and price premiums to Chinese.  They complain about China buying their government bonds, which does nothing more than reduce the costs of their Congress's insane deficit spending.  They even complain about dumping, which is nothing more than a direct subsidy by China of lower prices for American consumers.

And, incredibly, the Americans complain that it is they that run a security risk with their current trade deficit with China!  This claim is so crazy, we at Panda Blog have come to the conclusion that it must be the result of a misdirection campaign by CIA-controlled American media.  After all, the fact that China exports more to the US than the US does to China means that by definition, more of China's economic production is dependent on the well-being of the American economy than vice-versa.  And, with nearly a trillion dollars in foreign exchange invested heavily in US government bonds, it is China that has the most riding on the continued stability of the American government, rather than the reverse.  American commentators invent scenarios where the Chinese could hurt the American economy, which we could, but only at the cost of hurting ourselves worse.  Mutual Assured Destruction is alive and well, but today it is not just a feature of nuclear strategy but a fact of the global economy.

I often observe that American politics have become tribal.  It is an unfortunate human tendency to divide up into groups and then decide that some other group over there is really, really awful and an existential threat to your own group.  This is where I see politics today.  Sure, there are still real policy disagreements, but these can shift so much one has to wonder if people are taking a position based on real, rational evaluation or simply because the rival tribe has taken the opposite position.  Just look at shifting red/blue attitudes on Russia.  The Left hated drone strikes under GWB but have gone silent on them with Obama, despite Obama actually ordering more of them.   Republicans denounce Obama's executive orders on immigration as unconstitutional but welcome them from Trump.  Policy issues are no longer things to be solved, but are merely props to generate outrage and over which to score points in the left-right tribal warfare.

This post from Warden at Ace of Spades, which is  being greeted with cheers on the Right, is the best example I have seen in a while of political tribal warfare:

This same indifference that helped Trump carry the election has continued into the early days of his administration. With it comes a refreshingly freeing state of mind. Personally, I don't feel in any way responsible for Trump, nor do I feel compelled to defend him against attack.

Why? Because I voted for retribution.

"He's think-skinned and petty!" shrieks the left. "He takes everything personally!"

Good, I say. I want him to take attacks personally and deal out payback. I know I won't be the target, you will be.

"He's unpresidential! He'll destroy the integrity of the office!"

No, that's already happened. Remember, you elected a shit-talking jackass who takes selfies at state funerals when he's not giving stealth middle fingers to his opponents during debates. There is no dignity of the office, not after Clinton and Obama.

"He's a narcissist! He's got totalitarian impulses!"

Yes, he's basically a mirror version of Obama. Except now, he'll be working for what I want. The end justifies the means. You taught me that

....

I literally don't care what Donald Trump does because nothing he can do is worse than what they've already done.

Donald Trump isn't the bully; he only insults and abuses people in power who have attacked him. They're the fucking bullies. The left, with their smears, their witch hunts, their slanders, their insults, their riots, their violence, and their weaponizing of the federal bureaucracy.

There aren't any rules anymore because the left only applies them one way. And in doing so, they've left what once was a civil compact between the two parties in smoldering ruins.

I have no personal investment in Donald Trump. He is a tool to punish the left and roll back their ill-gotten gains, no more and no less. If he succeeds even partially in those two things, then I'll consider his election a win.

Further, I no longer have any investment in any particular political values, save one: The rules created by the left will be applied to the left as equally and punitively as they have applied them to the right. And when they beg for mercy, I'll begin to reconsider. Or maybe not. Because fuck these people.

Here is an example of the approving reception for this on the Right

We personally hope, as we’re sure that Warden does, that President Trump goes on to accomplish much greater things. All of our futures depend on it, after all. But even if all he does is to make the Prozis feel the pain that normal Americans have had shoved in their faces for 8 damnable years, if all he does is finally wake the limp wrists on our side up to the simple fact that it’s not wrong if you’re just turning the tables on the swine, using their own methods against them until they come crawling on their bellies, begging for peace, then we’ll take it as a solid win.

It’s wrong to kick somebody in the nuts, we’ve taught our Heirs that ever since they got old enough to potentially get in a fight, but it’s NOT wrong to do so if the dishonorable piece of shit facing you tries to do it to you first. And if he tries and succeeds, then you need to work on your technique and reflexes.

It’s never, ever wrong to use the enemy’s rule book against himself. He wrote it, not you, he made the choice when he deemed it acceptable to use his methods against you, when he showed up to a debate armed with a rifle, he made it OK to shoot him in the face with your own, and if you insist on resorting to limp notes of disapproval, then you’re the idiot, not him.

The other element I see in both statements is a strong flavor of the playground justification "the other guy started it!"  This is self-serving crap.   There is no good justification for violating the norms of rational civil discourse, or worse, for violating the rule of law.  None.  Every tyrant in all of history has justified their actions based on "the other guy started it".  Up to and including Hitler, who justified brownshirt tactics on the violence of communist groups who "started it".

I read blogs from the Left and Right in equal measure.  I have friends from both the far Left and far Right.  Hell, I have family from the far Left and far Right.  And I can tell you something -- every member of the Left and Right absolutely believe, without possibility of contradiction, that:

• Their side loses too often because the other side use bare knuckle tactics and their side is too polite.
• Their side does bad things only because the other side started it.

I had this argument the other day with my mother-in-law -- you can't allow a President more power just because he is "your guy" and you trust him.  No matter how well you think that person will use the power (and I trust no one), you are setting a precedent for the next guy whom you may very well not like.   I wrote this way back in 2005:

Technocratic idealists ALWAYS lose control of the game.  It may feel good at first when the trains start running on time, but the technocrats are soon swept away by the thugs, and the patina of idealism is swept away, and only fascism is left.  Interestingly, the technocrats always cry "our only mistake was letting those other guys take control".  No, the mistake was accepting the right to use force on another man.  Everything after that was inevitable.

For years I have asked liberals -- who have cheered President Obama's power grabs as righteous on the basis that "Congress won't don anything, so Obama has to" -- how comfortable they will we with a President Lindsey Graham using the same powers.

I was frequently dismissed, but not any more -- as folks on the Left begin to wake up and imagine President Trump using the same powers wielded by Obama.  To this end, the New York Times has a good article on Obama's drone war and the precedent set for the next President:

President Bush started the drone wars, but Mr. Obama vastly expanded them. Almost entirely on his watch, United States strikes have killed as many as 5,000 people, possibly 1,000 of them civilians. The president approved strikes in places far from combat zones. He authorized the C.I.A. to carry out “signature strikes” aimed at people whose identities the agency did not know but whose activities supposedly suggested militancy. He approved the deliberate killing of an American, Anwar al-Awlaki.

The president also oversaw an aggressive effort to control the public narrative about drone strikes. Even as senior officials selectively disclosed information to the news media, his administration resisted Freedom of Information Act lawsuits, arguing that national security would be harmed if the government confirmed drone strikes were taking place.

The administration also argued in court that federal judges lacked the authority to say whether drone strikes were lawful. It refused to release the evidence that it claimed made Mr. Awlaki a lawful target. In lieu of information, the administration offered assurances that the president and his aides were deeply moral people who agonized over authorizing lethal force.

That last line is perhaps the most dangerous single argument in all of democracy, that it is somehow OK to give an individual enormous extra-Constitutional powers because you trust that individual.  Only now, at the end, do they understand:

But as this election season has underscored, powers this far-reaching should not rest solely on the character of the president and his advisers. In a democracy, the ability to use lethal force must be subject to clear and narrow limits, and the public must be able to evaluate whether those limits are being respected.

When discussing Trump, I see a lot of writers referring to 20th century precedents of populist autocrats.  But if you want to be worried about American democracy, a better example is perhaps the Roman Republic.  The Republic was not killed by one man, even Julius Caesar.    The Republic fell through the slow accretion of autocratic precedents over nearly a hundred years, many of which were set by folks like Gracchus (who seems to have been a well-intentioned reformer) and Sula (who was a hero in Rome).