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You are here: Home / Politics / America / Marking Beliefs To Market: My Post Last Night Was Wrong Because the Reporting It Was Based on Was Factually Incorrect

Marking Beliefs To Market: My Post Last Night Was Wrong Because the Reporting It Was Based on Was Factually Incorrect

by Adam L Silverman|  December 11, 20191:57 pm| 147 Comments

This post is in: America, Civil Rights, Domestic Politics, Open Threads, Politics, Religion, Silverman on Security

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Last night I did a post decrying a forthcoming Executive Order (EO) that would, based on The New York Times‘ reporting about the forthcoming EO, redefine Judaism as a race and nationality. Specifically:

Religion was not included among the protected categories, so Mr. Trump’s order will have the effect of embracing an argument that Jews are a people or a race with a collective national origin in the Middle East, like Italian Americans or Polish Americans.

Mark Joseph Stern at Slate has now reported that The New York Times‘ reporting was factually inaccurate and misleading! (emphasis mine)

The New York Times published a bombshell report on Tuesday claiming that President Donald Trump planned to sign an executive order that interpreted Judaism “as a race or nationality” under Title VI of the Civil Rights Act of 1964. Title VI governs federally funded educational programs, so the Times warned that the order might be deployed to squelch anti-Israel speech on campus. “Mr. Trump’s order,” the Times further claimed, “will have the effect of embracing an argument that Jews are a people or a race with a collective national origin in the Middle East, like Italian Americans or Polish Americans.”

That turned out to be untrue. The text of the order, which leaked on Wednesday, does not redefine Judaism as a race or nationality. It does not claim that Jews are a nation or a different race. The order’s interpretation of Title VI—insofar as the law applies to Jews—is entirely in line with the Obama administration’s approach. It only deviates from past practice by suggesting that harsh criticism of Israel—specifically, the notion that it is “a racist endeavor”—may be used as evidence to prove anti-Semitic intent. There is good reason, however, to doubt that the order can actually be used to suppress non-bigoted disapproval of Israel on college campuses.

Title VI bars discrimination on the basis of “race, color or national origin” in programs that receive federal assistance—most notably here, educational institutions. It does not prohibit discrimination on the basis of religion, an omission that raises difficult questions about religions that may have an ethnic component. For example, people of all races, ethnicities, and nationalities can be Muslim. But Islamophobia often takes the form of intolerance against individuals of Arab or Middle Eastern origin. If a college permits rampant Islamophobic harassment on campus, has it run afoul of Title VI?

In a 2004 policy statement, Kenneth L. Marcus—then–deputy assistant secretary for enforcement at the Department of Education’s Office of Civil Rights—answered that question. “Groups that face discrimination on the basis of shared ethnic characteristics,” Marcus wrote, “may not be denied the protection” under Title VI “on the ground that they also share a common faith.” Put differently, people who face discrimination because of their perceived ethnicity do not lose protection because of their religion.

The Obama administration reaffirmed this position in a 2010 letter written by Assistant Attorney General Thomas E. Perez, who is now the chair of the Democratic National Committee. “We agree,” Perez wrote, with Marcus’ analysis. “Although Title VI does not prohibit discrimination on the basis of religion, discrimination against Jews, Muslims, Sikhs, and members of other religious groups violates Title VI when that discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics, rather than its members’ religious practice.” Perez added that Title VI “prohibits discrimination against an individual where it is based on actual or perceived citizenship or residency in a country whose residents share a dominant religion or a distinct religious identity.”

On Wednesday, I asked Perez’s former principal deputy, Sam Bagenstos—now a professor at University of Michigan Law School—whether he felt this reasoning equated any religious group of a nationality or race. “The key point we were making,” he told me, “is that sometimes discrimination against Jews, Muslims, and others is based on a perception of shared race, ethnicity, or national origin, and in those cases it’s appropriate to think of that discrimination as race or national origin discrimination as well as religious discrimination. It doesn’t mean that the government is saying that the group is a racial or national group. The government is saying that the discrimination is based on the discriminator’s perception of race or national origin. That’s a very different matter from saying that anti-Israel or pro-Palestinian speech constitutes discrimination.”

Trump’s EO does not deviate from this understanding of the overlap between discrimination on the basis of race or nationality and discrimination against religion. It only changes the law insofar as it expands the definition of anti-Semitism that may run afoul of Title VI. In assessing potential violations, the order directs executive agencies to look to the International Holocaust Remembrance Alliance’s definition—chiefly “hatred toward Jews” directed at individuals, their property, their “community institutions and religious facilities.”

There is much more at the link, including an analysis of why this is likely to have little actual effect in combatting anti-Semitism on college and university campuses. If you have the five minutes, I highly recommend clicking across and reading Stern’s entire article.

Since I believe in marking my beliefs, assessments, analyses, and statements to market, especially if I’m wrong, I just want to state clearly that last night’s post was inaccurate. It was inaccurate because I wrongly described what the forthcoming Executive Order was going to contain and what it would do. And this inaccuracy was based on incorrect reporting from The New York Times. While the larger context within the post about why Judaism is a religion, not a race or nationality is correct, the premise for the post is not. I am not going to pull the post, but I am adding an update with a link at the bottom to this post for anyone who comes upon it from this point on.

I sincerely apologize for riling everyone up and making everyone less informed. That is not the objective I’m trying to achieve here.

Open thread!

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Reader Interactions

147Comments

  1. 1.

    Mary G

    December 11, 2019 at 2:01 pm

    I am wondering if they had two orders written and floated a trial balloon of the more radical one, which was shot to shreds, so they went with the milder one. Or they are trying to discredit the “liberal” FTFNYT? Or is it just the general destroy the belief in truth thing?

  2. 2.

    Adam L Silverman

    December 11, 2019 at 2:02 pm

    @Mary G: I have no idea.

  3. 3.

    Major Major Major Major

    December 11, 2019 at 2:04 pm

    Well, that’s good at least.
    Might I suggest putting the update and link to this post at the top of the other post, though?

  4. 4.

    AliceBlue

    December 11, 2019 at 2:04 pm

    @Mary G: My thoughts exactly.

  5. 5.

    Cheryl Rofer

    December 11, 2019 at 2:06 pm

    Thanks, Adam.

    You certainly weren’t the only one riled up last night. A lot of people were.

    It would be nice if the New York Times would publish something like your post, but I’m not counting on it.

  6. 6.

    OzarkHillbilly

    December 11, 2019 at 2:07 pm

    Shit happens Adam. You acted in erroneously placed good faith.

  7. 7.

    Baud

    December 11, 2019 at 2:08 pm

    Now I’m starting to wonder whether the NYT was accurate when they said that the FBI was not investigating Trump in 2016.

  8. 8.

    david

    December 11, 2019 at 2:10 pm

    Now, about the tens of thousands of twitter accounts who went all “He’s marching them into the ovens!” posts… wonder what percentage will also retract and apologize?  1%?  <0.01%?

     

    We really do live in the shittiest of times, where at any moment of the day or night half of the world lives only to frighten the other half into constant panic without the slightest hint of introspection or remorse.

  9. 9.

    The Moar You Know

    December 11, 2019 at 2:12 pm

    This is why I never post, link, refer to or cite ANYTHING coming out of the NYT these days. When they’re not being downright malicious, they’re just appallingly inaccurate.

  10. 10.

    (((CassandraLeo)))

    December 11, 2019 at 2:13 pm

    Obligatory “Fuck the fucking New York Times.”

    Thanks for keeping us informed, Adam.

    Ceterum censeo factionem Republicanam esse delendam.

  11. 11.

    germy

    December 11, 2019 at 2:14 pm

    For a long time, some pro-Israel activists and lawmakers have been pushing a deeply authoritarian idea: using the power of the American state to punish those who take part in the so-called Boycott, Divestment, and Sanctions movement. BDS, as it’s known, spans a variety of efforts to pressure Israel to end its occupation of Palestinian territory and to treat Palestinian residents of Israel and the territories better.

    As a constitutional matter, the problems with this couldn’t be more obvious: Americans have an ironclad right to protest against any country they want, for any reason they want, however they want, without the government interfering.

    http://nymag.com/intelligencer/2019/12/trump-anti-anti-semitism-order-likely-violates-constitution.html

  12. 12.

    Adam L Silverman

    December 11, 2019 at 2:14 pm

    @Major Major Major Major: I already did. First thing I did once I hit publish on this one. And I put it in with a time and date. And a two sentence explainer. Believe it or not I do actually know what I’m doing.

  13. 13.

    Adam L Silverman

    December 11, 2019 at 2:15 pm

    @Cheryl Rofer: I’m not counting on it either. Nor holding my breath. Though I do look good in blue.

  14. 14.

    piratedan

    December 11, 2019 at 2:15 pm

    I knew I was right to be skeptical about this because AG  Barr hadn’t interjected how this exonerated the President and cast blame on the Obama Administration …. :-)

  15. 15.

    Elizabelle

    December 11, 2019 at 2:15 pm

    Tee hee. The NY Times reporters were Peter Baker and Maggie Haberman.

    Adam: Are you sure Slate’s link to the NY Times story is to the original story? Would the Times ever clean up the story with a later digital edition? Since they’re … so big on corrections and taking responsibility for their misreporting.

    I have not followed or parsed any of this, but wondering if the Times will try to report its star reporters (actually, knob polishers).

  16. 16.

    Adam L Silverman

    December 11, 2019 at 2:17 pm

    @germy: I expect that the ACLU, FIRE, FFR as general free speech and 1st Amendment advocacy organizations will file suit to block this. As will several groups that specifically do advocacy for the Palestinians right to self determination. I support them doing so.

  17. 17.

    Missouri Buckeye

    December 11, 2019 at 2:18 pm

    With the way the current mis-administration works, I expect that the original order was a trial balloon and it was only changed after the harsh criticism.

  18. 18.

    Major Major Major Major

    December 11, 2019 at 2:19 pm

    @Adam L Silverman: was just operating on the basis of your statement “I am adding an update with a link at the bottom”, which suggested to me that the update and link were not going at the top.

  19. 19.

    Adam L Silverman

    December 11, 2019 at 2:19 pm

    @Elizabelle: They cleaned up the digital story at The New York Times at least once last night after publication. And, as usual, they did it without an editor’s note or other acknowledgement that they’d done it. And by cleaned up I don’t mean fixing a spelling error or a typo or grammatical error. I mean they revised significant portions. I don’t know if they’ve made any other adjustments since the changes they made last night. They seem to do this a lot and it is a real problem.

  20. 20.

    Adam L Silverman

    December 11, 2019 at 2:20 pm

    @Major Major Major Major: The link was at the bottom/end of the update.

  21. 21.

    Martin

    December 11, 2019 at 2:20 pm

    @Cheryl Rofer: It would be nice if the New York Times would publish something like your post accurate, but I’m not counting on it.

    T,FTFY

  22. 22.

    Major Major Major Major

    December 11, 2019 at 2:23 pm

    @Adam L Silverman: Ok, that’s great then.

  23. 23.

    Cheryl Rofer

    December 11, 2019 at 2:23 pm

    @Elizabelle: @Adam L Silverman: Newsdiffs tracks those changes. I think there’s at least one other website that does, as well.

    It would be better for the Times to say they’ve got this wrong, but they won’t. Particularly if it’s Baker and Haberman.

  24. 24.

    Elizabelle

    December 11, 2019 at 2:23 pm

    @Adam L Silverman:   That’s what I have seen previously.  And shame on the FTF NY Times for doing that.  I think it’s unethical and dishonest.

     

    I’ve taken to emailing myself the text of FTF NYTimes articles that I think might end up controversial, because I don’t trust them WRT accountability for their work.

    It’s a form of gaslighting.  And think how many folks must think “but I really thought I saw that in the Times.”  Reader, you DID.

  25. 25.

    John Revolta

    December 11, 2019 at 2:24 pm

    Nuke yerself from orbit, Silverman. It’s the only way.

  26. 26.

    Elizabelle

    December 11, 2019 at 2:25 pm

    @Cheryl Rofer:   Baker and Haberman indeed.   Mean girl Elizabelle says she’s glad to see them with egg on their face, instead of the usual substance.

    They’re both Republican whisperers.

  27. 27.

    (((CassandraLeo)))

    December 11, 2019 at 2:25 pm

    @Adam L Silverman: Isn’t there a website that tracks changes on Times articles? Not that I remember what it is. I agree that this is a problem, though; it’s horrible journalistic practice and goes completely against what any journalism class is likely to teach.

    Ceterum censeo factionem Republicanam esse delendam.

  28. 28.

    (((CassandraLeo)))

    December 11, 2019 at 2:26 pm

    …yes, there is; Cheryl got it. That’s what I get for posting without refreshing. No edit button now either. Oh well :|

    ETA: …and now that I’ve double-posted, the edit button shows up for both replies. Well, that’s weird. Obviously still some kinks left to work out with the new website. I’ll leave this up to document the issue.

    Ceterum censeo factionem Republicanam esse delendam.

  29. 29.

    rp

    December 11, 2019 at 2:27 pm

    While I do wonder if the NYTimes was reacting to an earlier draft, I’m not sure the actual doc is as innocuous as Stern is claiming. The order says that “Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin,” despite the fact that the law does not treat religion as a protected category. First, it’s an EO vs. a letter from an Assistant AG. Second, it applies only to Jews (AFAICT), and not other groups as the earlier letter does. Third, it specifically links anti-semitism to criticism of Israel, which is troubling.

  30. 30.

    germy

    December 11, 2019 at 2:27 pm

    @Elizabelle:  Baker’s on PBS, as well.

  31. 31.

    smintheus

    December 11, 2019 at 2:27 pm

    It only deviates from past practice by suggesting that harsh criticism of Israel—specifically, the notion that it is “a racist endeavor”—may be used as evidence to prove anti-Semitic intent.

    How does it “suggest” that? Because that would be very bad as policy, even if it were possible to define “harsh”.

  32. 32.

    Adam L Silverman

    December 11, 2019 at 2:28 pm

    @John Revolta: I’m more of a mass driver kind of guy. All the devastation and none of the nasty radiation.

  33. 33.

    Elizabelle

    December 11, 2019 at 2:28 pm

    In my experience, the WaPost is WAY better in being clear with its readers about revisions and corrections, and what they changed.

    The FTFNYTimes will admit a spelling change or error with a name or date … and then furiously whitewash anything more serious.  It’s sad.

  34. 34.

    Leto

    December 11, 2019 at 2:28 pm

    @Adam L Silverman: I choose not! :p

     

    Gifts mailed off to the kid and parents. Everyone is now covered. Time to sit back, relax, and let my physical therapist do his thing. =/

  35. 35.

    Major Major Major Major

    December 11, 2019 at 2:29 pm

    @Cheryl Rofer: newsdiffs is so great. I wish more people would try out creative applications of git  like that.

  36. 36.

    Adam L Silverman

    December 11, 2019 at 2:30 pm

    @rp: The real problem has always been that the Civil Rights Act needs to be updated to broaden its protections for two things: 1) religion and 2) sexuality/gender identity thereby bringing its protections to those facing discrimination for their religious beliefs, adherence, and affiliation and Americans people who are LGBTQ.

    Good luck getting that through the Senate.

  37. 37.

    smintheus

    December 11, 2019 at 2:34 pm

    The FNYT does still publish Charlie Savage’s work, and this is good. https://www.nytimes.com/2019/12/11/us/politics/fisa-surveillance-fbi.html

    I wrote a lot about the weaknesses and abuses of FISA during the Bush administration, so this information is far from surprising. That doesn’t make it any less shocking.

  38. 38.

    smintheus

    December 11, 2019 at 2:39 pm

    I read my local paper’s (Morning Call) write up of Trump’s Hershey PA speech this morning. It conveys virtually nothing about Trump’s abusiveness, virulence, and dishonesty – which were even more pronounced yesterday than normal. Instead, the reporters fell over backwards trying to treat it as a normal speech with a positive message about Trump’s “achievements”. I emailed them to complain about their hackitude; no response.

  39. 39.

    Elizabelle

    December 11, 2019 at 2:40 pm

    @Cheryl Rofer:   Thanks for the info on Newsdiffs.  Bookmarked.  Great tool.

  40. 40.

    Wag

    December 11, 2019 at 2:42 pm

    Nicely laid out. Thanks for leading by example

  41. 41.

    Another Scott

    December 11, 2019 at 2:46 pm

    Don’t beat yourself up, Adam. But it’s a reminder that it’s always good to wait for official announcements – especially these days.

    In other news, Indivisible’s Candidate Scorecards. Amy and Joe didn’t fill theirs out yet.

    (via Warren’s twitter feed, so guess who leads the list. ;-)

    Cheers,
    Scott.

  42. 42.

    NotMax

    December 11, 2019 at 2:49 pm

    @Adam L. Silveman

    and Americans who are LGBTQ.

    Would prefer that to read people rather than Americans. Documented non-citizens (whether in the process of becoming citizens or no) are not exempt.

  43. 43.

    Uncle Cosmo

    December 11, 2019 at 2:50 pm

    Adam, my appreciation of you grows by the day. You are scrupulous to a T, and when you are (properly) looked to as an authority, your commitment to make clear to your readers exactly what you know, what you do NOT know, and what you surmise to be true based upon the level of your knowledge, is absolutely essential if we’re to cut through the clouds of FUD. (Not to mention the way you consistently make clear where your personal familiarity with the players might have had an effect on your judgement.)

    IMO this is a good place for all of us to recognize that while we are lucky to have Subject Matter Experts (SMEs) like Adam, Cheryl Rofer, David Anderson et al. posting here, when they move beyond their areas of expertise, they are really no more authoritative in their opinions and deductions than the generally well-educated and intelligent Juicetariat as a whole. We all owe them a respectful hearing, but we should remember to evaluate their opinions in the light of our own knowledge & experience and to question them if the two do not align. All of us might thereby become better informed & more secure in our understanding.

  44. 44.

    Adam L Silverman

    December 11, 2019 at 2:52 pm

    @NotMax: That was what I meant.

    I also think it should be amended to explicitly permit discrimination against pedantic commenters on Balloon Juice.

  45. 45.

    chopper

    December 11, 2019 at 2:53 pm

    @rp: 

    The order says that “Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin,”

    this part of the order is…odd. any discrimination against anyone based on race, color, or national origin can give rise to a violation.

  46. 46.

    Bill Arnold

    December 11, 2019 at 2:55 pm

    @Elizabelle:

    They’re both Republican whisperers.

    I wonder if they’ll feel at least a little burned.

    FWIW, I’d like to see someone prominent pretzelifying themselves arguing against the proposition that “conflation of criticism of Israeli policies with antisemitism is itself antisemitism.”

  47. 47.

    Adam L Silverman

    December 11, 2019 at 2:58 pm

    @chopper: Yep. This is the problem. The people who were pushing for this through legislation and then for administrative/regulatory action in the Bush 43 and Obama administrations have been trying to finesse the language. What really just needs to be done is a simple legislative fix to the Civil Rights Act extending its protections to religion in addition to race, color, or national origin. But because a lot of this is specifically intended to suppress speech, expression, and action regarding Israel, its policies, and its leadership that isn’t what is being pursued because you can’t really equate Judaism with Israel in any coherent way. Which is why this revision isn’t really coherent.

  48. 48.

    NotMax

    December 11, 2019 at 2:59 pm

    @Adam L. Silverman

    Bring it on. We’re prepared to hold out to the last Oxford comma.

    :)

  49. 49.

    trollhattan

    December 11, 2019 at 3:02 pm

    @Adam L Silverman:

    A pedant, a pederast and a podiatrist walk into a bar….

    [work in progress]

    Hell of a thing in Jersey City today.

  50. 50.

    Gin & Tonic

    December 11, 2019 at 3:02 pm

    @Adam L Silverman: Yesterday I found a statement from the late Sovietologist and economist Peter Wiles, in a colloquy with the late historian Robert Conquest conducted in The New York Review of Books: “Pedantry is a duty, nay a pleasure, at all times.”

    I’m not suggesting that NotMax has a framed photo of Peter Wiles in his parlor, but I’m not declaring that he doesn’t, either.

  51. 51.

    Another Scott

    December 11, 2019 at 3:02 pm

    I asked the devil if he bought Lindsay Graham’s soul and he said no, because it isn’t worth anything.— God (@TheTweetOfGod) December 11, 2019

    I’m shocked, shocked that that’s the case.

    Cheers,
    Scott.

  52. 52.

    Another Scott

    December 11, 2019 at 3:09 pm

    Reuters:

    […]

    In a trial, which would be presided over by Supreme Court Chief Justice John Roberts, Trump says he wants to see testimony from witnesses, including Biden and his son Hunter, House Speaker Nancy Pelosi and other Democratic lawmakers.

    [ photo ]

    McConnell has said he wants lawmakers to return to their regular business at a time when Republicans will be campaigning for the 2020 election on a message of a strong U.S. economy.

    A longer trial would likely overlap with the Democratic Party’s first presidential nominating contests in Iowa and New Hampshire in early February. Five U.S. senators are among a wide field vying for the nomination.

    McConnell, who says no decision has been made over how to conduct the trial, will need a majority of the Senate’s 100 members to agree to the final plan.

    That could put a handful of Republican moderates, like Susan Collins and Lisa Murkowski, in the position of deciding how much time the chamber would devote to the proceedings.

    During Democratic President Bill Clinton’s 1999 impeachment trial, no witnesses testified on the Senate floor. Instead, videotaped depositions were conducted with just a few witnesses, which senators screened behind closed doors. Clinton was acquitted in the Senate on charges arising from his sexual relationship with White House intern Monica Lewinsky.

    (Emphasis added.)

    Interesting. But on almost any other issue, the GOP remains united behind him. It will be interesting to see if cracks develop in how Moscow Mitch tries to run it.

    Cheers,
    Scott.

  53. 53.

    rp

    December 11, 2019 at 3:11 pm

    @Adam L Silverman: Yep.

    The problem with arguing that this EO isn’t a big deal because it doesn’t do much to change the law or existing policy (mostly true), is that clearly the Admin. thinks it does something. Now, maybe it’s just naked PR in an effort to win RW Jewish voters, but everything this admin. does has to be viewed very, very skeptically.

  54. 54.

    Adam L Silverman

    December 11, 2019 at 3:12 pm

    @trollhattan: This is going to be awkward!

    The attackers have not yet been publicly identified, but New York media has identified them as David Anderson and Francine Graham.

    And before you ask, I’ve already texted our Dave Anderson and given him a heads up for when he starts receiving hate tweets and emails.

  55. 55.

    JimV

    December 11, 2019 at 3:12 pm

    My favorite quotation by Einstein: “All mathematicians make mistakes; good mathematicians find them.” For “mathematicians” you could as well substitute “people”.

  56. 56.

    Mr. Mack

    December 11, 2019 at 3:13 pm

    Adam you should resign from this blog.  Immediately.  In shame. John does offer a tasty separation package though.

  57. 57.

    catclub

    December 11, 2019 at 3:13 pm

    @smintheus: If the Trump administration was staffed by people other than pure hacks, only looking for arguments that support Trump’s delusions, they would propose changes to the FISA act that address the problems that were found in the IG report.

  58. 58.

    sdhays

    December 11, 2019 at 3:13 pm

    @Baud: I’m literally at the point where if the FTFNYT reports something in the realm of politics, I don’t believe it at all until it’s confirmed by a reputable outlet.

    It’s InfoWars level to me.

  59. 59.

    Patricia Kayden

    December 11, 2019 at 3:14 pm

    What is wrong with you?The "radical political activists" are physicians.The "drugs" are flu vaccines that will save lives, given the likely event you torturers don't transport people who do get sick to the hospital in time. https://t.co/pZ9peLCJvS— Esther Choo (@choo_ek) December 11, 2019

  60. 60.

    catclub

    December 11, 2019 at 3:14 pm

    @Adam L Silverman:  Does Dave also have a surf shop?

    Busy guy.

  61. 61.

    Adam L Silverman

    December 11, 2019 at 3:14 pm

    @rp: I honestly think that’s what it is. That Mr. Marcus who is once again holding a senior political appointment, as well as Jared Kushner and the other notable Jews around the President advocated for it with the argument that it wasn’t just the right thing to do, but also really good politics to shore up the 16% drop in American Jewish support for Republicans since the president was elected.

  62. 62.

    NotMax

    December 11, 2019 at 3:16 pm

    OT.

    Dictionary.com’s word of the year.

    @Gin & Tonic

    Mine embouchement is hermetic.

    ;)

  63. 63.

    trollhattan

    December 11, 2019 at 3:18 pm

    @Adam L Silverman:

    Hoo-boy!

    The oh-so-proper NYT will make that “noted health insurance expert David Anderson” to remove any ambiguity.

  64. 64.

    UncleEbeneezer

    December 11, 2019 at 3:19 pm

    It only deviates from past practice by suggesting that harsh criticism of Israel—specifically, the notion that it is “a racist endeavor”—may be used as evidence to prove anti-Semitic intent.

    Perhaps I’m misunderstanding but this part still gives me pause.  So Palestinian Rights advocates calling Israel “a racist endeavor” (much like many Black Liberationists would refer to America) can now be potentially punished for doing so?  That seems kinda slippery-slope-ish to me.  I understand that “racist” charges against Israel often do go hand in hand with Anti-Semitism, but I guess I just don’t trust this administration and think it’s notable that they are focussing on something that could be weaponized against Palestinian/Arab activists, while ignoring all sorts of other Anti-Semitic dogwhistles that are frequently used by Republicans (“cosmopolitan”, “globalists” etc.)

    That said, I haven’t read the longer articles in full yet, so maybe a better explanation awaits.

  65. 65.

    Another Scott

    December 11, 2019 at 3:20 pm

    GovExec

    Democratic presidential candidate Pete Buttigieg contributed to a series of recommendations to improve the financial footing of the U.S. Postal Service that included slashing the career workforce, reducing benefits and closing processing plants.

    The South Bend, Indiana, mayor worked on the report while a consultant at McKinsey & Co. With mail volume plummeting, USPS hired McKinsey to generate ideas for cutting costs and growing revenues. The firm delivered its report with an array of proposals in 2010, though a campaign spokesman said Buttigieg’s work specifically focused only on the revenue side.

    McKinsey cited as a “key action” the need to replace departing career employees with non-career counterparts. Non-career workers earn less generous pay and benefits than their career counterparts. The report suggested USPS take advantage of “natural attrition” and said its existing efforts were insufficient.

    “The USPS has been responsive to declining volume, but recent work hour reductions will become increasingly difficult to replicate,” McKinsey wrote in the report, noting that most of the cuts had come at the expense of non-career employees and overtime.

    […]

    Not surprising that a consultancy would recommend such things. And maybe Pete had nothing to do with the recommended cuts. But reporting like this should be taken as an opportunity to ask him about questions like these – what should be done about the federal workforce, what should be done about two-tiered employment arrangements in the private sector, what does he imagine the US workforce being like in 10 years, etc. – and whether his views have changed.

    Cheers,
    Scott.

  66. 66.

    Baud

    December 11, 2019 at 3:20 pm

    @Adam L Silverman: We never should have replaced Richard Mayhew with that guy.

  67. 67.

    Adam L Silverman

    December 11, 2019 at 3:21 pm

    @Mr. Mack: I write that email, post, and comment at least once a day.

  68. 68.

    mrmoshpotato

    December 11, 2019 at 3:22 pm

    @Another Scott: Cue Susan Collins being very concerned before siding with the wrong side of history.

  69. 69.

    Adam L Silverman

    December 11, 2019 at 3:23 pm

    @catclub: You’ll have to ask him.

  70. 70.

    Baud

    December 11, 2019 at 3:23 pm

    @Another Scott:

    USPS hired McKinsey to generate ideas for cutting costs

    That’s basically inviting a recommendation to cut employment.

  71. 71.

    Ohio Mom

    December 11, 2019 at 3:24 pm

    I’ve been busy enough that I can’t keep up. I saw mention of a Trump executive order declaring Jews a nation in various places this morning.

    My first reaction was, “This sort of thing can’t possibly be within the purview of the American presidency, declaring that a nation exists out of thin air.”

    My second reaction was, “I’m chilling until I see what Silverman has to say.”

    I missed Adam’s first post (see above, very busy), and reading this second one, I’m glad I didn’t waste too much fretting about this.

    Anyway, Thanks, Adam for being so dependable.

  72. 72.

    Baud

    December 11, 2019 at 3:24 pm

    @sdhays: Yep. Been doing that for a while.

  73. 73.

    Adam L Silverman

    December 11, 2019 at 3:25 pm

    @Baud: Decisions were made, actions were taken, no one was spared.

  74. 74.

    greenergood

    December 11, 2019 at 3:25 pm

    Thx Adam for clearing this up – about to deal with the next 36 hours of UK elections, so one less ‘Oh My God Get Me Out of Here’ scenario is very welcome. Wish us luck, Jackals – by midnight tomorrow, we’ll either be a democracy or a Boris-copy-Trumpocracy

  75. 75.

    rikyrah

    December 11, 2019 at 3:25 pm

    You are a class act, Silverman. Correcting yourself like this. I doubt certain media outlets will do the same.

  76. 76.

    Martin

    December 11, 2019 at 3:27 pm

    @Another Scott: He wasn’t exactly praising McKinsey in his interview with Rachel last night, and I don’t get the sense that he has any real investment in their work product. Remember, he was right out of college – he had fuck-all authority on any of this stuff.

  77. 77.

    JPL

    December 11, 2019 at 3:28 pm

    @greenergood:  You have all the luck I have to give. Good luck and I hope Boris loses.

  78. 78.

    trollhattan

    December 11, 2019 at 3:29 pm

    @greenergood: 
    Best of luck. More Boris is never a good thing.

  79. 79.

    Jay C

    December 11, 2019 at 3:29 pm

    First: kudos to Adam for his corrective post. Certainly an improvement over the NYTimes (low bar to hurdle, I know)….

    ALSO: The Jersey City shooters seem to have been associated with the Black Hebrew Israelites: a well-known fringe cult. It’s just a guess (so far), but it seems like the slain detective fronted these two because their van had been reported stolen (rented & kept), and that after they shot him, Anderson and Goodman seem to have decided to take their fight (deliberately) tot he kosher market.

     

     

     

    @Adam L Silverman:

  80. 80.

    germy

    December 11, 2019 at 3:33 pm

    anti-Semitism: getting a little upset when Israeli snipers dome another 8 year-old at 100 yards
    not anti-Semitism: circulating white nationalist literature at high levels within the White House. starting speeches to Jewish groups with shit like "good morning money grubbers"

    — Law Boy, Esq. (@The_Law_Boy) December 10, 2019

  81. 81.

    glory b

    December 11, 2019 at 3:33 pm

     

    Since I can’t get my linking skills together, read “Why The Left Has Failed With Black Voters,” by
    Marcus Johnson in forward.com.

    Since this is an open thread, to continue the conversation below, I think this is a really informative article. It mentions all of the things some members of the black Jackaltariat were speaking of, and more.
    Interestingly, he also mentions that liberal whites tend more and more live in communities that don’t include black people, and aren’t familiar with how they think.

  82. 82.

    Captain C

    December 11, 2019 at 3:34 pm

    The New York Times‘ reporting was factually inaccurate and misleading!

    I think we’re at the point where this is dog bites man.

  83. 83.

    germy

    December 11, 2019 at 3:35 pm

    @rikyrah:

    You are a class act, Silverman. Correcting yourself like this.

    There’s simply no place for him at the NYT.

  84. 84.

    glory b

    December 11, 2019 at 3:41 pm

    @chopper: Yes, this is an area I have lots of practice in, this doesn’t make any sense.

  85. 85.

    Gravenstone

    December 11, 2019 at 3:43 pm

    A bit of good news that I just happened across. Looks like Sinclair is dropping the Epshteyn propaganda slots that they had been mandating local affiliates carry during their evening broadcasts.

  86. 86.

    Yutsano

    December 11, 2019 at 3:46 pm

    @Leto:

    Time to sit back, relax, and let my physical therapist do his thing. =/

    Wanna borrow mine? He’s mean as all Hades but he’s just so NICE about it. Except he banters with me. Last night he told me no more sass. Guess how well that went.

  87. 87.

    germy

    December 11, 2019 at 3:49 pm

    @Gravenstone:

    Sinclair (SBGI) Broadcast Group, an influential owner of TV stations across the country, will no longer require stations to carry political commentary segments.

    But their “straight” reporting is political commentary.  I watched my local station to get a weather report, and then they did a story about the Horowitz Report that got the facts exactly opposite of what I’d read elsewhere.  They do the same with all reporting about this administration.

    Glad to see Boris gone, but they’re still the old sinclair.

  88. 88.

    fancycwabs

    December 11, 2019 at 4:00 pm

    He’s still planning to move forward with his plans to declare White a Nationality, though, right?

  89. 89.

    Leto

    December 11, 2019 at 4:01 pm

    @Yutsano: Haha, probably as well as it would’ve gone with me! He got my right knee good today, but we had a really good discussion about Star Wars cookware. He did say that I was an oddity because I’m pretty much the only person/patient he knows who will keep on smiling through whatever he puts me through. I don’t want to scare the other people here by screaming, so what else is there to do? :p

  90. 90.

    Leto

    December 11, 2019 at 4:03 pm

    @Baud: I can’t think of any other recommendation a consulting agency has ever given. It’s always cut workers/hours/benefits, while also trying to increase productivity by 200%.

  91. 91.

    TomatoQueen

    December 11, 2019 at 4:04 pm

    Merlin has curled up in his little carrier, accepted some chin scritches, and would now like to be quiet and peaceful for a while.

    Many many thanks again to everyone for their contributions and support, and to Edith, LauraToo, Steeplejack, and our presiding spirit Schlemazel, for arranging to get my boy to me.

  92. 92.

    piratedan

    December 11, 2019 at 4:07 pm

    @Leto: it’s funny how forgoing a bonus that is the equivalent of 5 FTE’s yearly salary never quite makes the list of cost cutting measures innit?

  93. 93.

    CaseyL

    December 11, 2019 at 4:09 pm

    The EO as reported got me riled up  – and I heard about it before I saw your post.

    Was the FTFNYT simply, grotesquely, wrong?  Or were they given a test balloon version?  Too bad they never admit error even when they’re obviously, horrifyingly wrong, because then they’d have some stored up credibility to claim they were lied to.

    Wonder how it feels to work there and see the publication’s reputation sink to that of the NY Post.

    I’m so glad I canceled my subscription and switched over to WaPo.

  94. 94.

    Baud

    December 11, 2019 at 4:10 pm

    @Leto:

     

    Yeah, I mean, what else can they recommend?  The only other option is to grow a business by hiring new people, but if consultants knew how to do that, they wouldn’t be consultants, they’d be in business for themselves.

  95. 95.

    catclub

    December 11, 2019 at 4:11 pm

    @piratedan: forgoing a bonus to the person who hired the consultants

    Never comes up.

  96. 96.

    Baud

    December 11, 2019 at 4:11 pm

    @piratedan:

    Not after that first time.

  97. 97.

    MomSense

    December 11, 2019 at 4:14 pm

    @Baud:

     

    Fork the forking NYT.  It’s garbage.

  98. 98.

    Edith

    December 11, 2019 at 4:15 pm

    @TomatoQueen: Yeah!!! So glad everything went smoothly today. He’s had a big couple days, no wonder he wants a little quiet. A big thanks to you too for being willing to take a chance on a cat you’ve never met who had a lot of unknowns. I hope you have a very happy life together.

  99. 99.

    chris

    December 11, 2019 at 4:16 pm

    @TomatoQueen:
    Lesson in adopting a kitten. ;-)

  100. 100.

    rikyrah

    December 11, 2019 at 4:16 pm

    @TomatoQueen:

     

    Awe :) :) :) :)

  101. 101.

    MomSense

    December 11, 2019 at 4:17 pm

    @Leto:

    McKinsey comes in all smiles and talking about stake holders and core competencies.  Next thing you know your job has been eliminated.

  102. 102.

    catclub

    December 11, 2019 at 4:18 pm

    @Leto: I can’t think of any other recommendation a consulting agency has ever given.

     

    You’re being too hard on them. How about when they decide you need a management retreat to come up with new mission statement? huh?

  103. 103.

    eclare

    December 11, 2019 at 4:24 pm

    @TomatoQueen: Yay for you, Merlin, and all involved!

  104. 104.

    Zzyzx

    December 11, 2019 at 4:29 pm

    I’m leaning towards this being an original draft and somehow someone managed to stop it. Maybe it’s the classic Trump move of threatening the horrid thing to burn us out from fighting it and then finally doing it when we’re exhausted.

  105. 105.

    ?BillinGlendaleCA

    December 11, 2019 at 4:30 pm

    @MomSense: Management consultants come in when a company’s management doesn’t know how to run their own business.  Anytime the management of a company brings them in, the board should fire the company’s management before anybody else gets fired.

  106. 106.

    Jay

    December 11, 2019 at 4:34 pm

    I’m going to scream pic.twitter.com/wMJXSttOXp— Moira Donegan (@MoiraDonegan) December 11, 2019

  107. 107.

    Mary G

    December 11, 2019 at 4:36 pm

    @TomatoQueen: I need this happy. Send pictures when he feels more sociable if you can.

  108. 108.

    zhena gogolia

    December 11, 2019 at 4:36 pm

    Kamala is on the job.

    Kamala Harris details Bill Barr's extensive efforts to exonerate Russia, calls upon Horowitz "to investigate misconduct committed by the AG of the US, who is doing the bidding of POTUS to undermine our intelligence community. I trust you take that seriously.""I do," he replies. pic.twitter.com/cN82JOt5oU— Aaron Rupar (@atrupar) December 11, 2019

  109. 109.

    Jay

    December 11, 2019 at 4:38 pm

    "Having found a hero who lacks in all the physical qualities and life experiences that have traditionally marked American masculinity, McNaughton projects them onto Trump, creating, from no evidence at all, a spectacle of manliness" — @chick_in_kiev https://t.co/eFaobmV41f— Humungus (@humungusmag) December 11, 2019

  110. 110.

    Steeplejack (phone)

    December 11, 2019 at 4:39 pm

    Merlin has landed!

    Just pulled in to my local for a burger and a pint after delivering LauraToo to Dulles and Merlin to his new home with TomatoQueen. Mission accomplished!

  111. 111.

    Martin

    December 11, 2019 at 4:39 pm

    @?BillinGlendaleCA: That’s a little harsh. There are lots of businesses that find themselves in a new market condition that nobody knows how to get out of.

    When the GOP told the USPS they needed to pay for pension liabilities for employees they hadn’t even hired yet, I’m not sure its fair to blame management for not knowing what do to there.

    A new management team wouldn’t have prevented the demise of Blockbuster unless it was to pivot to a completely different business, which is what a lot of these businesses *ought* to do, but too often it’s also the board that won’t entertain that notion.

    If the rest of the nation adopted CAs regulatory model for electric utilities, they’d need to hire boatloads of consultants to explain to them how to make more money by actively working to sell less electricity. It’s such a foreign concept outside of a handful of markets.

  112. 112.

    spudgun

    December 11, 2019 at 4:49 pm

    @TomatoQueen:  Yay! So happy for you and Merlin!?

  113. 113.

    ?BillinGlendaleCA

    December 11, 2019 at 4:50 pm

    @Martin:

    That’s a little harsh. There are lots of businesses that find themselves in a new market condition that nobody knows how to get out of.

    I speak from experience on this.  They also bring in management consultants so they can recommend staffing reductions so they can wash their hands of any decision.

    ETA: If it comes across that I have little to no respect for management consultants and the corporate executives that retain their service, you’d be right.  I’ve worked with these folk, there’s not a whole lot of value they bring.

  114. 114.

    Jay

    December 11, 2019 at 4:56 pm

    Statement from attorneys Douglas Wigdor and Kevin Mintzer, who represent Wedil David, Jane Doe, and at least one witness in the criminal trial: "It is shameful that $12 million of the settlement is going to the lawyers for the directors who we alleged enabled Harvey Weinstein." pic.twitter.com/jQzLrXEoci— Olivia Messer ? (@OliviaMesser) December 11, 2019

  115. 115.

    Leto

    December 11, 2019 at 4:58 pm

    @MomSense: “Hey MomSense, the Bob’s want to see you…”

    @catclub:  “Listen. The only way you’re going to make it out of this mess, and continue to grow your business, is if you sponsor a full expense paid trip to Aruba for the team. That way we have the freedom to fully explore the ideas we have to help improve our quarterly earning… errr, your bottom line. Yes, your bottom line. Plus it’s cold here.”

  116. 116.

    spudgun

    December 11, 2019 at 5:00 pm

    @Steeplejack (phone):  You are a righteous dude! ?

  117. 117.

    Melusine

    December 11, 2019 at 5:03 pm

    Unlike many news sources nowadays, BJers will admit when they are in error. Appreciate the ethical standards and the update, and if the FTFNYT had been accurate, it certainly would have been worth alarm.

    So fucking sad that such measures are totally plausible, even expected, now.

  118. 118.

    zhena gogolia

    December 11, 2019 at 5:08 pm

    @Steeplejack (phone):

    Wow, so great. I love Merlin.

  119. 119.

    Joy in FL

    December 11, 2019 at 5:10 pm

    I am so relieved that the EO will not do what the incorrect reporting said it would do. That has bothered me all day, and now I can go back to being bothered by the usual things.

    You earn trust by self-correcting and stating the source of your error. Thank you for all the expertise and honesty you bring to the jackaltariat.

  120. 120.

    NotMax

    December 11, 2019 at 5:10 pm

    @Steeplejack

    Airport traffic – blech.

  121. 121.

    Steeplejack (phone)

    December 11, 2019 at 5:15 pm

    @NotMax:

    Not me. I’m a bit of an AP Stylebook guy.

  122. 122.

    Steeplejack (phone)

    December 11, 2019 at 5:16 pm

    @spudgun:

    Thanks! ?

  123. 123.

    Baud

    December 11, 2019 at 5:16 pm

    @Melusine:

    BJers will admit when they are in error.

     

    Never.

  124. 124.

    Princess

    December 11, 2019 at 5:17 pm

    Whatever the text of the EO says, in his speech on the EO, Trump fully equates criticism of Israel with anti-Semitism  and thus Jews with the nation that is Israel.

  125. 125.

    Immanentize

    December 11, 2019 at 5:19 pm

    @Adam L Silverman: Your solution regarding including “religion” in the Title VI protections is the obvious solution.  BUT that will never happen or else religious schools which plainly discriminate on the basis of religion -+ Christian schools, Yeshivas, maybe even Ashrams? —  would have to give up that sweet sweet federal financing which they will never do.

  126. 126.

    Steeplejack (phone)

    December 11, 2019 at 5:20 pm

    @NotMax:

    Not too bad. Hit the pipeline just before rush hour. But long stretches with the low sun right in my eyes. Merlin was complaining when I put him in my lap and let him “drive” with the steering wheel.

  127. 127.

    MomSense

    December 11, 2019 at 5:21 pm

    @Leto:

    Just don’t touch my stapler!

  128. 128.

    Martin

    December 11, 2019 at 5:24 pm

    @?BillinGlendaleCA:

    I speak from experience on this.  They also bring in management consultants so they can recommend staffing reductions so they can wash their hands of any decision.

    Oh, I’m not defending management consultants. I’m just saying that sometimes businesses are genuinely fucked and are genuinely warranted in bringing in help.

    But I’ve witnessed the management consultant process. They recommended my area get increased staffing and funding. Guess what didn’t happen?

  129. 129.

    Kraux Pas

    December 11, 2019 at 5:24 pm

    @Immanentize: An easy solution for this would be for religious schools to, stay with me here, not, discriminate based on religion. My Catholic school had Jewish students and the world didn’t end.

  130. 130.

    NotMax

    December 11, 2019 at 5:25 pm

    Trudged out into the high humidity and heat to mow. Thankfully about 90% of the yard cover (describing it as a lawn is well past optimistic) is short and brown from a dearth of rain so the parts which were approaching jungle status required only an hour to cut and mulch.

  131. 131.

    J R in WV

    December 11, 2019 at 5:27 pm

    @Melusine:

    BJers will admit when they are in error.

    NO!

    Most Jackals have never been in error. We may rarely! make a mistake, which is always rapidly corrected, but we are almost never in error! Except for the trolls… they’re always in error!

  132. 132.

    WereBear

    December 11, 2019 at 5:32 pm

    @TomatoQueen: All the yays!

  133. 133.

    NotMax

    December 11, 2019 at 5:33 pm

    @J R in WV

    Obligatory.

    :)

  134. 134.

    Mary G

    December 11, 2019 at 5:34 pm

    @Steeplejack (phone): Awww. Thank you for helping get him home.

  135. 135.

    Steeplejack (phone)

    December 11, 2019 at 5:42 pm

    @zhena gogolia:

    I told her to send pictures soon.

  136. 136.

    Yutsano

    December 11, 2019 at 5:47 pm

    @Steeplejack (phone): @TomatoQueen: WOOT!!! Happy kitteh story is happy.

  137. 137.

    CaseyL

    December 11, 2019 at 5:53 pm

    @TomatoQueen:  So glad to hear this!  Please keep us updated, with photos, as Merlin settles in

    @Steeplejack (phone):  Woo hoo!  That is a well-deserved burger and brew.

  138. 138.

    mrmoshpotato

    December 11, 2019 at 5:56 pm

    @NotMax: Can I interest you in 23 degrees with a 4 mph wind?

  139. 139.

    Steeplejack (phone)

    December 11, 2019 at 6:05 pm

    @CaseyL:

    Thanks!

  140. 140.

    debbie

    December 11, 2019 at 6:26 pm

    @germy:
    Who started a speech like that?

  141. 141.

    debbie

    December 11, 2019 at 6:28 pm

    @Jay:

    ‘Cept his bail just got jacked up because someone messed with his ankle monitor. //

  142. 142.

    debbie

    December 11, 2019 at 6:30 pm

    @Jay:

    So wait: Trump played football back in the 1930s?

  143. 143.

    Jinchi

    December 11, 2019 at 6:46 pm

    I think it’s a sign of good character that you’re willing to own a mistake Adam, it’s not clear whether the NYT has done the same.

    Still, I think it’s a good exercise in defining the limits of acceptable behavior that the very idea of this action was met with near-universal outrage.

  144. 144.

    JaySinWA

    December 11, 2019 at 7:15 pm

    @Cheryl Rofer: It would be nice if the New York Times would publish something like your post, but I’m not counting on it.

    I am sure it will be prominently displayed at the bottom of page 16.

    @Adam L Silverman:  I will add my thanks for your post, and for my sense that the original story and response to it did not sound right. I saw the bandwagon effect and decided to stay out of it hoping for someone to speak with some clarity.

  145. 145.

    germy

    December 11, 2019 at 7:18 pm

    @debbie:

    Trump, speaking to the Israeli American Council: "You're not nice people at all, but you have to vote for me. You have no choice. You're not going to vote for Pocahontas, I can tell you that. You're not going to vote for the wealth tax!" pic.twitter.com/IXoaVUw6MU— Aaron Rupar (@atrupar) December 8, 2019

  146. 146.

    mrmoshpotato

    December 11, 2019 at 7:33 pm

    @JaySinWA: Nah.  It’s in with the classifieds.

  147. 147.

    Chris Johnson

    December 11, 2019 at 8:15 pm

    The New York Times. Your source for Russian trial balloons, and agitprop. All the news that fucks with your head!

    Give ’em time, they may yet declare Judaism a nationality (that is not American). But in this case you got suckered good and hard by a most likely Russian backed enemy action designed to do exactly what it did. It is exactly what it looks like when you open the tin. That it bears the name of a ‘trustworthy American institution’ is exactly the point.

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