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Culture War Roundup for the week of December 11, 2023

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I don't do bets with internet strangers anymore - too much counterparty risk, too awkward to explain to my wife if I lose, etc. But I put the probability at something like 85%.

There's various outcomes where things get delayed - SCOTUS declines to deal with the absolute immunity issue on an expedited basis, some other delay tactic succeeds in pushing the trial date back, there's a mistrial and they have to go again, etc. But all are pretty low probability in my view. It seems like the courts are taking the view that this should be resolved before the election and will do what it takes to make it happen.

What number do you put on it?

  • -13

You're an Australian, correct?

Trump is the current favorite to win the next election @ $2.40 (Roughly 41.6%). You can bet 1000's of AUD currently on this not to happen at 58.4% (with a minor commission, taking you to about 56% implied) on the Betfair exchange. Tax-free winnings as an Australian hobbyist, too. As you think Trump is 85% to get jailed here, surely that makes your number of him winning the election a lot lower than 41.6%. Can even bet against him to win the Republican nomination at 81.3% with similar liquidity. No counterparty risk there.

I think that price probably is already incorporating a high probability of his legal problems derailing him. 41% is really low considering how big his polling leads are against all his opponents.

It's very unclear to me how many people will abandon Trump if he goes to prison, or even if the political effect will be negative at all. Somehow he's only increased his support as he's been found to have committed sexual assault, fraud, and insurrection. Maybe this time is different, but maybe the country has just decided "joke's on you, I'm into that shit".

  • -10

Somehow he's only increased his support as he's been found to have committed sexual assault, fraud, and insurrection.

He's increased his support in the Republican primary, but the primary voters switching to him in response to the indictments are die-hard partisans who were going to vote R in the general no matter what.

538 isn't publishing a poll tracker for the general yet, but the Biden and Trump approval polls have been pretty flat since before the indictments, and anecdotally Trump has consistently been a nose ahead of Biden in head-to-head polling.

He hasn’t been found to have committed sexual assault (the juror returned a really weird verdict), the fraud claim was a judge citing property tax value as real value which shows the absurdity of the holding, and another judge “found” he committed an insurrection despite that being entirely dicta (ie the judge could have found that Trump was literally satan but it would be irrelevant).

He hasn’t been found to have committed sexual assault (the juror returned a really weird verdict)

The verdict was that he committed sexual assault but not rape.

Maybe this time is different, but maybe the country has just decided "joke's on you, I'm into that shit".

To be clear, I think this is actually a good and normal response from a nominally democratic nation's regime jailing the primary political opposition. Even if I didn't like the someone's policies, I would want them to win against an obviously tyrannical regime attempting to deny an electorate a free choice, particularly with as flimsy of grounds as him supposedly causing a riot at the end of a year when riots were egged on all over the country by politicians on the other side.

regime attempting to deny an electorate a free choice

And I'm again reminded of the various things I've read arguing that this is in fact the proper, "democratic" thing to do, to defend Our Democracy against the terrible threat of "authoritarian populism," and that refusing to provide the electorate the choice they want is just about morally obligatory.

Somehow he's only increased his support as he's been found to have committed sexual assault, fraud, and insurrection.

I'm presuming by the "committed sexual assault" you mean the E. Jean Carroll case? Which is a dreadful example if you're trying to convince anyone that it's the truth of the matter. The claims are very hard to verify - he went into a changing room with her in a department store and assaulted her, but nobody else heard a thing? No shop assistants? No other customers?

And while she was talking and writing about it for decades, she never went to court over it. And the case was, in fact, not for rape but defamation, and it was in a second lawsuit that she added in the assault charges. Which had lapsed due to the statute of limitations, but very helpfully New York State legislation was passed to permit adult survivors of sexual assault to bring cases after they were statute-barred - so long as the case is brought between November 2022 and November 2023.

The Adult Survivors Act (ASA) is New York State legislation enacted in May 2022 which amends state law to allow alleged victims of sexual offenses for which the statute of limitations has lapsed to file civil suits for a one-year period, from November 24, 2022, to November 24, 2023. The act thus expands the ability of plaintiffs to sue for sexual assault and unwanted sexual contact in the workplace.

Now, the act wasn't specifically for Carroll, but it sure turned out convenient timing for her. Well, nothing more than that, maybe.

But compare the Tara Reade allegations against Biden which were pooh-poohed immediately by the same people who were devoutly nodding along that Brett Kavanaugh was a rapist and Trump was a rapist and everyone ever accused of anything was indeed a rapist. If Reade's allegations are nonsense because of where and when they are alleged to have happened, what about Carroll's allegations? The conviction on the basis that "okay, over the years she told a lot of people it happened, so it must have happened"?

Again, I'm not defending Trump's sexual conduct, but this is a very shaky "he said/she said" conviction that is as much, or even more, about politics as anything else.

I actually agree with you that Caroll doesn't seem credible. I have a strong suspicion that Trump would have won that case if he had a better lawyer and listened to their advice. The Serious Trouble podcast ran a demonstration of what a better cross examination might have sounded like and it was brutally effective at painting her as a fantasist. Unfortunately for Trump his lawyer did a terrible job.

I actually agree with you that Caroll doesn't seem credible. I have a strong suspicion that Trump would have won that case if he had a better lawyer and listened to their advice.

Okay, but with that opinion, the best you can muster is apparent bafflement that "somehow" his support increased anyways? Do you, as a human being, dislike people to a greater degree when you honestly think they were railroaded in court because they didn't have the top lawyers? I would assume that like most people, you would be sympathetic, and perhaps more likely to believe that they have been railroaded unjustly in other ways as well. I do not believe that you find this puzzling at all.

It's lacking evidence, is the trouble. Could it have happened? Sure. Did it happen? Who knows? Presumption of innocence should have quashed the case - if it weren't politically relevant.

Though I find it black humour sort of unintended consequences that, per Wikipedia, the Adult Survivors Act ended up with a lot of New York politicians and public services caught up in the trawl for "get yer prosecution in before the deadline":

Complaints against State of New York under the ASA were filed in the Court of Claims; as of November 17, 2023, 1,469 claims had been filed in the Court of Claims, mostly naming the New York State Department of Corrections and Community Supervision as a defendant.

...New York City hospitals and health systems were named as defendants in at least 300 lawsuits filed under the ASA.

...In May 2023, an ex-employee of former New York mayor Rudy Giuliani sued him for alleged sexual battery.

...In November 2023, former Governor Andrew Cuomo was sued by his former executive assistant Brittany Commisso on the last day of the law's window. Commisso had previously filed a misdemeanor criminal complaint against Cuomo for forcible touching in 2021 but was later dismissed.

In November 2023, a former New York City employee sued Mayor Eric Adams, alleging that he sexually assaulted her in 1993, when he was a New York City Transit Police officer. Adams denied the allegation and said he did not recall meeting the accuser.

It's lacking evidence, is the trouble. Could it have happened? Sure. Did it happen? Who knows? Presumption of innocence should have quashed the case - if it weren't politically relevant.

More relevant I think is the fact that it was a civil trial so there was no presumption of innocence. The jury decided on the "balance of probabilities" standard rather than "beyond reasonable doubt".

It can be hard to get the best lawyers when that can be a career blackball for them.

And it really doesn't help when the client is notorious for both refusing to pay his lawyers and bad-mouthing them after they quit.

Also when you don't pay them.

but maybe the country has just decided "joke's on you, I'm into that shit".

Or perhaps more charitably, the only effective way to defeat crocodile tears in the marketplace of ideas begins and ends with ignoring them. If you're being interrogated in bad faith- whether it's by the actual police or the moral police- engaging in that context is literally never a good move; you make your case directly to the judge(s) only.

Somehow he's only increased his support as he's been found to have committed sexual assault, fraud, and insurrection

As opposed to what his opponents have been up to the last few years, perpetrating institutional-level assault (sexual and otherwise) by intentionally refusing to prosecute crimes based on skin color, defrauding the public with respect to the seriousness of the uncommon cold (especially financially- that 20% reduction in nationwide life savings was definitely worth the 0.0001 QALY that reduction ended up buying), and burning, looting, and murdering their little hearts out in every major urban center a few years ago.

It seems natural that the political faction responsible for those things should face electoral consequences.

but maybe the country has just decided "joke's on you, I'm into that shit".

I learned to tune out this sort of misrepresentation of the opposing view points, it's par for the course for the modal progressive, but I'm mildly surprised to see you engage in it. Assuming your assessment of his chances of being convicted is accurate, you really honestly cannot think of another reason why his support might go up as a result?

I was obviously being flippant. I can concoct all sorts of reasons why someone might think anything, but it's all speculation. Maybe there's a ton of people for whom a conviction would remind them what a good job Trump did standing up against the obviously rigged election. Maybe some people will think "Good, he breaks the rules and gets stuff done". Maybe some people think that every conviction is further proof of the deep state conspiracy against him. Maybe all those people are vastly outnumbered by those who think the prosecutions are political nonsense but think the courts can be trusted to acquit him and are in for a rude shock. The point is, I have no idea how the public will react when it happens.

Well you can always rationalise any outcome if you're deeply committed to Trump, which is the entire problem really. If Trump is jailed, then Ok some people will say that he isn't actually guilty and the blob/Democratic establishment got him on phony charges, but if he isn't convicted then those same people will say that it proves the charges were fake and politically motivated in the first place. There is no result anymore that would possibly change the view of any committed Trump supporter.

You're still missing a few options. The institutions accusing him have lost all credibility as far as I'm concerned, but I'm actually agnostic as to whether or not he's guilty of one transgression or another. I just think that barring some Epstein-level scandal, you should still vote for him.

Well then even if 'into that shit' was a mild exaggeration, you're more or less agreeing with the sentiment that for Trump supporters his being guilty of insurrection is not something that would notably dissuade them from sticking with him.

I see where you're coming from, but that's not quite true. Simply put there's a "under present circumstances" missing from that statement, which I think is important to include, or else it implies I'm ok with it in the abstract. If the 4 years of Trump caused a reaction of the establishment comparable to the 8 years of Obama or Bush, I would not say you should vote for him either way.

I genuinely think this kind of activity is the way to increase Trump's popularity. There's no way he should be running for a second term, but right now he barely has to campaign because the media is doing it all for him and the actual party debates are being reduced to "this is only to decide who is gonna be his VP".

Ridiculous, but the mania over 'Orange Man Bad' really has led to this. He didn't put the gays in concentration camps, so why is he seen as such a threat to American democracy? And don't "Jan 6th!" at me, this kind of hysteria was in full flow before ever that happened. I have had to come to the conclusion that the rage was all over It's Her Turn Now - how dare anyone take the right, proper, and just transition of power away from the woman and the party destined to possess it in perpetuity? How dare some grubby populist overturn all the pundits who knew it could never, ever happen? And the fearmongering just got stoked higher and higher over the years.

And don't "Jan 6th!" at me, this kind of hysteria was in full flow before ever that happened.

There were warning signs before the 2016 election. At the time I didn't take them seriously, but someone who was better calibrated than me could have done, as could someone who was looking for excuses to hate on Trump. But with hindsight, I think it should have been obvious that Trump was more likely than most other Republicans to do January 6th.

  1. Trump jump-started his political career by being one of the most prominent people to stick with birtherism after Obama's birth certificate was authenticated by the State of Hawaii - and he didn't finally concede that Obama was born in the US until after he had the 2016 primary sewn up. Falsely claiming that the President is ineligible is an attack on US democracy.
  2. Trump engaged in mild brownshirt behaviour during the campaign, like leading chants of "Lock Her Up" and encouraging supporters to beat up protesters. This isn't anti-democratic in itself, but empirically brownshirt behaviour is correlated with someone being a threat to democracy.
  3. Trump either joked about or actively solicited (the GRU didn't get the joke) Russian help in hacking his opponent's e-mails. I don't want to rehash the argument about whether this is collusion or not, but even if it isn't, thinking that attacks on American democracy by a hostile foreign power are a joking matter says something about Trump.
  4. Trump said in the 3rd 2016 debate that he would "keep you in suspense" about whether he would concede defeat if he lost.
  5. Even after winning, Trump falsely claimed that millions of people had voted illegally in the 2016 election and that he was the legitimate popular vote winner.
  6. As President, Trump continues to transgress various norms in a way which constitutes weak circumstantial evidence that he is the sort of person who would transgress the norm that defeated Presidential candidates concede. Notably, he tries to strongarm Zelezny into launching a (probably bullshit) criminal investigation of the Bidens, and to share nonpublic information about said investigation with the Trump campaign.
  7. Before the 2020 election, Trump again refuses to commit to accepting the results.

Trump was a transgressive candidate - for many of his supporters, that was the whole point. The people who said that this transgressiveness was a threat to American democracy were right, for the right reasons - as confirmed by the events leading up to Jan 6th, even more so than by Jan 6th itself.

Immediately after the 2016 election, everyone knows that Trump is publically badmouthing America's democratic institutions. The Orange Man really is saying Bad things. The question is whether he means them, or whether this is just his schtik. "Orange Man Bad" and "Trump Derangement Syndrome" are memes used by the right (and by the centrist punditocracy which is on its last legs before finally being booted out after George Floyd ODs near a cop) to imply that taking him seriously is cringe. But Trump was serious.

  • -11

And don't "Jan 6th!" at me, this kind of hysteria was in full flow before ever that happened

His contempt for democracy was already pretty evident before Jan 6th. Pre-Jan 6th anti-Trump feeling wasn't unjustified because Jan 6 hadn't happened yet; Jan 6 was Trump 'hysteria' being proven right! To embrace Godwin's law, this is the equivalent of saying that anti-Hitler sentiment was baseless before 1933 because it was only then that he was able to make any effective attack on democracy. People warned that Trump had no respect for democracy, and they were right. This was 2016;

First of all, it’s rigged and I’m afraid the election is going to be rigged, to be honest

I have had to come to the conclusion that the rage was all over It's Her Turn Now

This is trivially disproved by the number of people who hate Trump who also dislike Clinton, from the Democratic left to the Never Trump Republicans. The former is obvious but it's also true in the case of the latter; McMullin called Hillary 'terrible' in 2016, French wrote a piece in July 2016 harshly critical of Clinton on the emails and saying Comey should charge her etc. etc.

  • -14