Concordia University Disinvites Harvard Professor Harvey Mansfield Over His Conservative Gender Views

Concordia University in Canada had invited Harvard University Professor Harvey Mansfield to give the spring commencement address for its Liberal Arts College. The college’s students study great books and Western thought, and Mansfield teaches these subjects, so one might think he was a good fit.

But then the university rescinded its invitation. Principal Mark Russell sent Mansfield a weaselly letter expressing regret that faculty and alumni “were unable to reach consensus as to what we wanted to achieve with this event.” Russell lamented that the selection committee “acted in good faith but rather precipitously” when it invited him in the first place.

This is clearly doublespeak: Thankfully, Mansfield discovered the true explanation, which he relates in his Wall Street Journal op-ed:

What had taken place, I learned but not from him, was a faculty meeting prompted by a letter from 12 alumni that demanded a reversal of the committee’s invitation because my “scholarly and public corpus … heavily traffics in damaging and discredited philosophies of gender and culture.” Promoting “the primacy of masculinity,” apparently a reference to my book “Manliness,” attracted their ire. Though I was to speak on great books, not gender, this “trafficking”—as if in harmful drugs—disqualified me without any need to specify further. Such sloppy, inaccurate accusation was enough to move a covey of professors to flutter in alarm.

Mansfield is a political conservative, and his views on gender reflect his conservative outlook. No doubt many people would disagree with them—especially those on the hyper-woke left, whose gender-related opinions are not shared by the vast majority of the population. If this means that Mansfield should be denied a platform, then no one who has ever expressed a problematic opinion on any matter would be deemed fit to speak on campus.

Mansfield spends the rest of his op-ed theorizing about why his critics wanted him disinvited. He characterizes the new left as believing the following:

Speech is not an alternative to power but a form of power, political power, and political power is nothing but the power to oppress. A professor like me might trick gullible students and lure them to the wrong side. So it is quite acceptable to exclude speakers from the other side. Supremacy of the wrong side must be prevented by supremacy of the right side.

I don’t think this is quite right. I researched the motivations of anti-speech campus actors for my forthcoming book, Panic Attack: Young Radicals in the Age of Trump (pre-order here), and generally found that their desire to shutdown conservative speakers mostly stemmed from the notion that offensive speech had the power to cause tangible emotional harm to vulnerable populations with which far-left activists sympathize. Their view would probably be that Mansfield’s opinions are mentally taxing for female, queer, and transgender students—and that harming the students in this way is akin to physically harming them. Preventing Mansfield from speaking, then, is a matter of self-defense—a response to a threat of violence.

Obviously, this approach to speech is incredibly flawed, and would make it impossible to have all sorts of interesting conversations on campuses. Again, Mansfield is an incredibly intelligent and respectable scholar whose views are well within the mainstream. If Concordia’s students are too timid to hear what he has to say, it’s hard to imagine they are prepared to face the outside world.

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It’s Official: Bill Weld Announces Primary Challenge to Donald Trump

Bill Weld, the 73-year-old former federal prosecutor, two-term governor of Massachusetts, and 2016 vice presidential nominee for the Libertarian Party, announced Monday afternoon on CNN that he is officially running for president in the Republican primary against incumbent Donald Trump.

“I really think if we have six more years of the same stuff we’ve had out of the White House the last two years, that would be a political tragedy, and I would fear for the republic,” Weld told CNN’s Jake Tapper. “So I would be ashamed of myself if I didn’t raise my hand and run.”

In an announcement press release, Weld called himself a “Reagan Republican” who “knows that America can still be that ‘shining city on a hill.’”He declared that “it is time to return to the principles of Lincoln—equality, dignity, and opportunity for all,” and stressed such non-Trumpian themes as “the rule of law, a free and open press, and America’s global leadership.” The accompanying campaign video touted among other things Weld’s record as a “crime fighter,” while leaving his Libertarian adventure of 2016-2018 unmentioned.

As he has since announcing an exploratory committee two months ago, Weld Monday stressed four Trump demerits: The president’s deliberate divisiveness, casual disregard for the rule of law, incuriosity about climate change, and fiscal profligacy.

“Donald Trump is not an economic conservative; he doesn’t even pretend to be,” Weld told Tapper. “And, you know, the country deserves to have some fiscal restraint and conservatism and cutting spending in Washington, D.C. Right now all that really is coming out of Washington is divisiveness, and both parties are responsible for that, but the grandmaster of that is the president himself. I’ve never seen such bitterness in this country.”

One of the main reasons Weld is alone so far in challenging Trump within the GOP is that the market fundamentals he faces are just brutal. The president’s approval rating among Republicans has remained between 88 percent and 90 percent for the past five months, according to Gallup. Trump raised more than $30 million in the first quarter, and has consolidated power within the Republican National Committee to a degree frequently characterized as “unprecedented.” And the early head-to-head polling, if anything, is worse.

An Emerson nationwide survey released this week has Trump beating Weld by a staggering 70 percentage points. More ominously, the same company this month found a 64-point margin in Weld’s home state of Massachusetts. The Weld campaign has a theory that if New Hampshire polls start creeping toward the high 20s, then you’re near the “Buchanan benchmark” of 37 percent back during Pitchfork Pat’s 1992 primary challenge to then-president George H.W. Bush. You have to squint awfully hard to see such optimism in the numbers, but then, there are still 300 days between now and the New Hampshire primary.

“It is a long shot. But it’s certainly less of a long shot than Donald Trump was when he announced and no one thought he was serious,” Weld’s longtime political adviser Stuart Stevens told the Washington Post. “Tonally, he’s going to run a very different campaign. He’s not mad at the world. He’s not a victim.”

One challenge Weld faces among Republican and libertarian-leaning voters alike is his track record of slippery political allegiances and policy positions. In May 2016, during a contentious two-round ballot fight to become the Libertarian Party’s vice presidential nominee, Weld was repeatedly asked by the then-dropping out V.P. challenger Alicia Dearn to promise never to “betray” the L.P., as many believe he had done during a botched New York gubernatorial bid in 2006.

“I’m a Libertarian for life,” Weld said, trying to make the awkward moment go away without precisely answering the question. Dearn pressed him, saying that “betray,” to her, just meant leaving the party, to which Weld declared: “Libertarian for life means not going back to any other party.”

To the surprise of many in the L.P., Weld after the 2016 seemed to stay true to that vow, making the state-party convention circuit, endorsing Libertarian candidates, and talking about the need for America’s third party to take the 2020 presidential election “seriously.” As recently as last the second half of 2018 he was describing his separation from the GOP as being “Free at last,” arguing in a Reason debate with Rep. Thomas Massie (R-Ky.) that “If we want a new broom to sweep things clean in Washington, the answer is not the R party or the D party. It is the Libertarian Party,” and declaring that it is “our bounded duty to destroy by every means at our disposal” the “two-party monopoly.” He switched to the GOP just three months later.

On Monday, Tapper asked the newly re-minted Republican whether he would “run as an independent” in case the primary challenge fell short. Weld’s answer contained loopholes you could drive a truck through. “No, no, I don’t think so,” he said. “But I could not support Donald Trump for president. I’m not saying I would ever endorse a Democrat in this race, but I could not support the president.”

As per usual with the orange-haired Brahmin, Weld’s announcement Monday produced mixed reactions among libertarians. L.P. National Membership Manager Jess Mears, who worked on the Gary Johnson/Bill Weld campaign in 2016, was magnanimous.

Fox Business Network’s Kennedy, who eviscerated Weld after his infamous last-minute “vouching” for Hillary Clinton on MSNBC’s The Rachel Maddow Show, was somewhat less enthused.

Fifth place 2016 finisher Evan McMullin, though, is stoked.

Weld, at a year older than Trump, would be the oldest president in U.S. history. He hasn’t won an election in a quarter century, back when Pete Buttigieg was 12. He’s a deficit hawk in an era of debt denialism, a proudly elite globalist in a time of ascendant populist nationalism, and a pro-choicepro-amnesty Republican who backed Barack Obama in 2008 and urged major-party voters in 2016 to choose Hillary Clinton over Trump. There have been more improbable campaigns, but not many.

Reason has interviewed Weld many times, producing the kinds of comments over the past three-plus years you would not normally expect from a competitive Republican politician. “The Libertarian Party is more congenial to me, dogmatically, ideologically, than either of the other two parties,” he told me in November 2017, while vowing that he was going to stay in the L.P. “Because the Democratic Party is not fiscally responsible and the Republican Party is not socially tolerant.”

We shall soon see whether the GOP is tolerant of internal political competition, or whether Trump will be no more bothered by Weld than Richard Nixon was by Pete McCloskey.

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Pot Christmas Is Around the Corner, So Grab Yourself Some Useful Gifts

Pot Christmas is just around the corner. Are you prepared?

If not, go ahead and put The Internet’s “Ego Death” album on in the background and get your pointer finger ready. Amazon has everything you need. (Should you buy after clicking a link on this page, your favorite libertarian magazine gets a cut.)

Meeting Your Dealer

You don’t have the luxury of going to a neighborhood dispensary, so you rely on Jeff for your supply. He’s nice enough, but honestly kind of shady.

Right as you’re about to pick up, Jeff texts you that he’ll be M.I.A., but it’s okay to come by because everything is weighed out and his cousin is at the house ready to pinch hit. “Uh, cousin?” you ask. “Yeah, my cousin, Bruiser,” Jeff responds. “But I thought you said you didn’t have family in the city,” you begin to text back. Then you notice it’s getting late and you already told your friends you’d bring some over in a few hours. Too late to cancel, you hope that Bruiser isn’t as intimidating as he sounds. You grab your money and go.

Good thing you also grabbed your neck wallet before you left. This way, you can discreetly pull your money out when Bruiser isn’t looking (you’ve practiced the maneuver several times in the Uber ride over). Thankfully, the buy goes smoothly. Bruiser is actually way cooler than Jeff. And he was totally into your rant about people who confuse tortoises with turtles.

You have your stash, but you just now remembered that you caught a rideshare to get to Jeff’s house. Luckily, you brought your smell-proof clutch to avoid any awkward exchanges with your driver (or cops, should your driver be pulled over). Best of all, this clutch comes complete with a lock should you mistakenly leave it in your driver’s car.

A month goes by and it’s time to re-up with Jeff. For reasons that you didn’t completely catch, Jeff asks if he can make the sale at your house. “Sure,” you text him. What’s the worst thing that can ha-?

You stop. Last time Jeff came over for a sale, he insisted on smoking with you. “Just a few minutes” turned into five hours, despite you practically begging him to leave halfway through.

This time, you have some signage for just such an occasion. Hang this up in a place where Jeff can clearly see and then pray that he can also read.

For the F(hash)ionista

Even though cannabis consumption transcends social, economic, and cultural barriers, the tie-dye-shirt-harem-pants-wearing stereotype can be hard to shake. Fans of the hipster-goth aesthetic can go their own way with this:

skull grinder looks tight on any Slipknot fan, med student, or Halloween party host.

After rolling your blunt, set up this beautiful ashtray, which resembles a Fabergé egg and has a handy lid for outdoor use.

Do you have plans to be a drug warrior, run for president, and then share your fond memories of smoking weed to rap music that wasn’t quite released yet? Then this shirt covered in rap legends is the perfect piece for your wardrobe!

For the Secret Stoner

Weed might not be legal in your state, but you’ve been smoking for years. And you’ll be damned if a few holdout legislators are going to stand in your way. But your poorly ventilated apartment exudes a haze when you smoke and also you fear jail.

So until legalization day hits your slow-moving state legislature, keep your hobby on the down low.

This personal air filter is promising, as one reviewer notes that it’s a “Must have for apartment smokers.” This particular purifier is covered in a medium-brown wood grain wrap to match the rustic decor of your faux hardwood floors.

Once you’ve had a good rip or two, you pull up Uber Eats and order six spring rolls, orange beef with a side of rice, and something cold and sweet. Then you sit down to start watching something funny and promptly lose all sense of time and space.

Before long, you’re startled by a knock on the door.

If you’re so high that you forgot about your Uber Eats order, you might assume the worst about your visitor. But there’s no need to fear. This doormat lets any potential state official know that you know your rights.

Sometimes the biggest threat is much closer to you than the government. Sometimes you’re volunteered to host the additional family members for a big holiday because your mom has run out of room at her house. No worries. You have a spare bedroom, you actually like your Aunt Lena, and she’s always down to smoke behind the family’s back. Your phone starts ringing while you’re making up the bed. The news makes you stop dead in your tracks.

There was a mix-up. You’re not housing Aunt Lena, you’re housing Grandma Tina! And booooy does she like going through your stuff. It’s time to stick as much product as you can fit in a hairbrush with a hidden compartment. And it comes with a scent-proof bag! Pictures from users show that it fits inconspicuously with other household items.

For the Trailblazing Toker

While smoking can be chill, some cannabis consumers prefer a different flavor of high.  

Up your game with homemade edibles. And what better way to start than with a cookbook for weed-infused butter? Be the talk of the town with your culinary creations and then thank the author of this article by sending her your favorite recipe. 

Any good trailblazer knows that mentors are an important part of the creative process. Sip from a mug inspired by noted inventor, flamethrower salesman, and cannabis convert Elon Musk. (Some weed-infused honey butter mixed in with some tea would taste pretty dang good in a mug like this.)

And if all this sounds like too much fuss for an activity that’s supposed to be recreational and restful, get yourself a pipe like the one above, then simply grind, load, light, and pull.

Check out the rest of our stories for Weed Week 2019.

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Brickbat: Sitting and Waiting

More than 3 million Californians may have to go back to the Department of Motor Vehicles to get new driver’s licenses. The federal Department of Homeland Security sent a letter to Gov. Gavin Newsom telling him the new licenses do not comply with Real ID requirements because the state did not adequately verify the residences of drivers when they applied for or renewed their licenses. This means the licenses cannot be used as ID to board airplanes or enter federal buildings after 2020.

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Oxford Handbook of Fiduciary Law

The Oxford Handbook of Fiduciary Law is now in print. It is an unusually strong collection of papers. And six of them are by Notre Dame authors (Bray, Kelly, Mayer, Miller x 2, Velasco), which is one more indication of the increasing prominence of Notre Dame as a center of private law. Here’s the TOC:

Introduction, Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff
Part I. The Doctrinal Canon
1. Fiduciary Principles in Fact-Based Fiduciary Relationships, Daniel B. Kelly
2. Fiduciary Principles in Agency Law, Deborah A. DeMott
3. Fiduciary Principles in Trust Law, Robert H. Sitkoff
4. Fiduciary Principles in Corporate Law, Julian Velasco
5. Fiduciary Principles in Unincorporated Entity Law, Mohsen Manesh
6. Fiduciary Principles in Charities and Other Nonprofits, Lloyd Hitoshi Mayer
7. Fiduciary Principles in Banking, Andrew F. Tuch
8. Fiduciary Principles in Investment Advice, Arthur B. Laby
9. Fiduciary Principles in Pension Law, Dana M. Muir
10. Fiduciary Principles in Employment Law, Aditi Bagchi
11. Fiduciary Principles in Bankruptcy and Insolvency, John A.E. Pottow
12. Fiduciary Principles in Family Law, Elizabeth S. Scott and Ben Chen
13. Elizabeth S. Scott and Ben Chen, Nina A. Kohn
14. Fiduciary Principles in Legal Representation, Richard W. Painter
15. Fiduciary Principles in Health Care, Mark A. Hall
16. Fiduciary Principles and Public Offices, Ethan J. Leib and Stephen R. Galoob
17. Fiduciary Principles and the State, D. Theodore Rave
18. Fiduciary Principles in International Law, Evan J. Criddle
Part II. A Conceptual Synthesis of Fiduciary Law
19. The Identification of Fiduciary Relationships, Paul B. Miller
20. The Fiduciary Duty of Loyalty, Andrew S. Gold
21. The Fiduciary Duty of Care, John C. P. Goldberg
22. Other Fiduciary Duties: Implementing Loyalty and Care, Robert H. Sitkoff
23. Mandatory and Default Rules in Fiduciary Law, Daniel Clarry
24. Fiduciary Remedies, Samuel L. Bray
Part III. Fiduciary Law across History and Legal Systems
25. Fiduciary Principles in English Common Law, Joshua Getzler
26. Fiduciary Principles in the Canon Law, Richard H. Helmholz
27. Fiduciary Principles in Roman Law, David Johnston
28. Fiduciary Principles in Classical Islamic Law Systems, Mohammad Fadel
29. Fiduciary Principles in Classical Jewish Law, Chaim N. Saiman
30. Fiduciary Principles in Contemporary Common Law Systems, Matthew Conaglen
31. Fiduciary Principles in European Civil Law Systems, Martin Gelter and Genevieve Helleringer
32. Fiduciary Principles in Chinese Law, Nicholas C. Howson
33. Fiduciary Principles in Indian Law, Vikramaditya S. Khanna
34. Fiduciary Principles in Japanese Law, J. Mark Ramseyer and Masayuki Tamaruya
Part IV. The Future of Fiduciary Law and Theory
35. The Economics of Fiduciary Law, Richard R.W. Brooks
36. The Philosophy of Fiduciary Law, Charlie Webb
37. Fiduciary Law and Psychology, Tess Wilkinson-Ryan
38. Empirical Analysis of Fiduciary Law, Jonathan Klick and Max M. Schanzenbach
39. Fiduciary Law and Equity, Henry E. Smith
40. Fiduciary Law, Good Faith, and Publicness, Hillary A. Sale
41. Fiduciary Law and Moral Norms, James E. Penner
42. Fiduciary Law and Social Norms, Matthew Harding
43. Fiduciary Law and Corruption, Sung Hui Kim
44. Fiduciary Law and Pluralism, Hanoch Dagan
45. Fiduciary Law and Financial Regulation, Howell E. Jackson and Talia B. Gillis
46. Delaware Corporate Fiduciary Law: Searching for the Optimal Balance, Lawrence A. Hamermesh and Leo E. Strine, Jr.
47. New Frontiers in Private Fiduciary Law, Paul B. Miller
48. New Frontiers in Public Fiduciary Law, Evan Fox-Decent

 

My own contribution is “Fiduciary Remedies” (a prepublication draft is here on SSRN). Three of the points that I think are more important are (1) fiduciary remedies arise out of, and indeed require the performance of, fiduciary duties; (2) monetary remedies for loss in fiduciary law aren’t calculated the same way as legal damages; and (3) the remedies of fiduciary law (derived from trust law) are quite different from those of agency law.

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Police Told Him To Drop His Gun, Killed Him Before He Could

Newly released body camera footage appears to show that a man in Charlotte, North Carolina, was trying to obey police’s orders to drop his weapon prior to being shot and killed.

On March 25, officers with the Charlotte-Mecklenburg Police Department responded to at least one 911 call about a man “pointing [a gun] at employees” of a local Burger King, according to CNN. When officers arrived at the scene, they encountered 27-year-old Danquirs Franklin in the parking lot. Franklin had a gun and would not obey multiple commands to drop it, police said. Eventually, one of the officers, Wende Kerl, shot and killed him.

The shooting sparked considerable controversy in the Charlotte area due to some conflicting witness statements about what happened, The Charlotte Observer reported. The shooting occurred in the same city where Keith Scott was killed by police back in 2016. Conflicting reports about whether or not Scott was armed were never really settled, and the officer who shot him did not face criminal charges.

In Franklin’s case, Kerl’s lawyer and the Mecklenburg County District Attorney’s Office did not want body camera footage to be released. A judge disagreed, ruling that the footage must be released to the public Monday.

The footage, which is below, shows police approaching Franklin, who’s squatting next to the passenger seat of a car in the Burger King parking lot. Officers, including Kerl, scream at him multiple times to put his gun down. It’s not even clear that Franklin has a weapon until his right hand slowly comes into view with what appears to be a handgun in it. Franklin was not pointing the gun at anyone; in fact, it looked as though he was trying to put it on the ground. But as soon as the gun becomes visible, Kerl fires two shots at him.

“You told me to…” Kerl can be heard saying:

Franklin was taken to a local hospital, where he died. A man with a blurred out face can be seen sitting in the passenger’s seat of the car, right next to where Franklin was kneeling. That man told WCNC that he had been praying with Franklin.

This is clearly a situation where there are many questions remaining. We don’t, for instance, know exactly what happened in the lead-up to police involvement. However, it looks as though Franklin was trying to obey their orders to put down the gun. He certainly didn’t look to be drawing the gun with the intent of firing it. Hopefully, more answers will come out in the days to come.

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Thai Government Takes Over Seastead Near the Thai Coast

The Thai government is reportedly demolishing a seastead that briefly appeared off the coast of Phuket.

According to the Bangkok Post, the Thai government thinks the act of floating around just outside their 12-mile coastal zone breaches “Section 119 of Criminal Code. The section concerns any acts that cause the country or parts of it to fall under the sovereignty of a foreign state or deterioration of the state’s independence. It is punishable by death or life imprisonment.”

Chad Elwartowski, one of the seastead’s two former inhabitants, writes in a Facebook post: “This is ridiculous. We lived on a floating house boat for a few weeks and now Thailand wants us killed.” The “wants us killed” likely refers to that potential punishment for violating Section 119.

“We had to go underground because our contact warned us before this came out,” Elwartowski adds. He also insists that he and his Thai companion Nadia Summergirl were merely tenants of the seastead and were not responsible for designing or building or placing it directly.

“We were hoping to bring tourism to Phuket with an underwater restaurant, floating hotels and medical research, tech jobs, etc,” he writes. “We had 3 wealthy entrepreneurs in the past week tell us they were coming to live in Phuket because they were excited about the project. We love Thailand. Nadia is a proud Thai. She is a proud Buddhist who does not support violence. I am a pacifist who would not harm a fly.”

Elwartowski’s post calls for legal help in negotiating with the Thai government regarding any possible punishment he and Summergirl might face.

“We just wanted to be free,” he writes. “If just for one day.”

Ocean Builders’ post on the crackdown says that the seastead is “in the process of being demolished by the Thai navy” and reiterates that although “Chad and Nadia are safe for now…understand that Thailand is currently being run by a military dictator. There will be no trial if they are caught. They already demonstrated that by being judge jury and executioner of the historic very first seastead.”

The Thai government apparently claims that the seastead was a hazard to shipping lanes. Ocean Builders’ response: “The seastead is 6 meters wide. It has a very bright anchor beacon and has a registered AIS beacon which can be detected by any boat with any sort of navigation in the vicinity.” The group further says that the seastead was in a “heavy fishing area with many many fishing boats trawling the water there daily. The fishing boat captains used to wave at Nadia and Chad as they passed by. They were in no way bothered by the floating home. The seastead takes up less space in the shipping lane than a fishing boat.”

Plans to sell and build new seasteads around Thailand are on hold. Elwartowski has told me in the past that by his understanding, the law did not require them to get the Thai government’s permission to be where they were doing what they did. Apparently the Thai government disagrees.

Patri Friedman, founder of the Seasteading Institute and co-author of the book  Seasteading: How Floating Nations Will Restore the Environment, Enrich the Poor, Cure the Sick, and Liberate Humanity from Politicians, has written a Facebook post describing the mistakes he feels Elwartowski’s team made. While their location was 12 nautical miles out from Thailand, he notes, it is still in what is legally considered that country’s “‘Contiguous Zone,’ where a state has many rights, several of which seem likely to pertain here.” He adds that even being 200 miles from land does not necessarily create “a magical realm of freedom where you can just plant a flag and be an independent polity. There are many rules and regulations that apply—including the need to plug into international law through the flagging system (for a vessel) or coastal state approval (for a fixed structure).”

Friedman also writes that anyone trying that strategy needs to be aware they would be outside all human systems of legal rights, with “ZERO rights, other than what you yourself can enforce with your diplomatic, economic, and military power, against anyone (like a nation-state) who you bother in any way.”

Until seasteading “is big enough to change the system,” Friedman concludes, “our beliefs about what international law should be, our imagined individual rights, our perception that the nation-state cartel is unjust, are all irrelevant to present strategy. We need to acknowledge the system in which we’ll be working for the next 10-30 years, because only with a clear understanding of the present can we create our desired future.”

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Bernie Sanders Is a Millionaire. That’s Great!

If I had a dollar for every time Bernie Sanders has inveighed against “millionaires and billionaires,” I’d be…well, still probably not as rich as Bernie Sanders, who revealed last week that he is now a millionaire. Sanders’ newfound wealth is due in part to the success of his book, Our Revolution, which earned him roughly $885,000 in 2017 after hitting number three on the New York Times best-seller list, a fact about which Sanders is justly pleased.

“I wrote a best-selling book,” he said, explaining how he ended up at the high end of America’s wealth spectrum. “If you write a best-selling book, you can be a millionaire, too.”

That’s right—and that’s how it should be.

Sanders spent years building himself and his name into a successful national brand by identifying and filling a relatively unique niche in the market for national politics. Based on the success of that brand, he then negotiated a deal with a publisher to bring a product—his book—to market. The product sold well, and Sanders, who had invested a significant amount of personal time in conceiving and producing the product, reaped the financial rewards. Now he’s better off, and I suspect that he, at least, would argue that the people who bought his book are better off too. Everyone wins.

Sanders, in other words, was acting as an entrepreneur, a person who made something new in the world, something for which there turned out to be considerable market demand. And Sanders clearly feels no shame about earning a large return on his labor as a result.

Folks, that’s capitalism. Whether he means to or not, Bernie is making an argument for the existence of rich capitalists, and for the value they bring to the world. And it’s an argument that both could and should extend beyond book writing to, say, the founders and inventors behind some of the nation’s most successful businesses, some of whom have made a lot more than $885,000. If, just for example, you start an online bookstore that eventually revolutionizes the entire retail sector, making it incredibly easy to download Sanders’ book to a convenient digital device for just a few bucks, you can be a multi-billionaire too. (Sanders, who blasted Amazon for paying low wages to its distribution center workers, probably made a significant chunk of his book earnings off of Amazon sales.)

But wait a minute—is Sanders really arguing against the existence of millionaires and billionaires? Maybe not explicitly. But by repeatedly singling them out, he was certainly implying that there was something unsavory, something vaguely illegitimate about their existence. And some of Sanders’ fellow democratic socialists have certainly suggested that the very existence of a billion-dollar personal fortune is a moral problem, or a “policy failure.” (The Sanders brand was, in many ways, first to market. But as with many popular products, his success has led to a legion of imitators.)

Maybe, then, there’s a difference between millionaires and billionaires, with the former being a little less objectionable? It’s hard to make a coherent argument that there’s a clear line at which some amount of wealth suddenly becomes unacceptable—that at some point, you’ve sold so many books, and made so much money from doing so, that it’s immoral.

For Sanders, at least, that line seems to be moving. As the folks at ThinkProgress recently noticed in a video, Sanders appears to have become less focused on millionaires and more interested in the problems with billionaires at the same time his own income increased. Perhaps that’s just a coincidence. (Sanders objected to the ThinkProgress video, suggesting it was influenced by corporate money.)

In any case, I think it’s genuinely great that Bernie Sanders is a millionaire, and that in becoming a millionaire, our nation’s most well-known democratic socialist has, however inadvertently, started defending one of the core tenets of capitalism—that if you come up with an idea for a product, make that product a reality in the world, and sell it to lots of willing buyers, it’s perfectly just and reasonable for you to earn a lot of money as a result. One can only hope that there are more best-sellers, and more millions, in Sanders’ future.

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How Trump Could Save Obama’s Lawyer

President Trump calls the indictment of President Obama’s White House counsel, Gregory Craig, “a really big story.”

That it is, but probably not precisely in the way that Trump means it.

Craig is a pillar of the Washington establishment. He’s a graduate of Phillips Exeter Academy; of Harvard, where he was chairman of the student government and graduated Phi Beta Kappa; and of Yale Law School, where he was in the same class as Bill and Hillary Clinton. He was a partner at two top law firms, first Williams and Connolly and then Skadden, Arps. He did stints as an aide to Senator Edward Kennedy and as director of policy planning in Madeleine Albright’s State Department. He helped defend Bill Clinton during impeachment.

So it’d be easy to read this as a story about the corruption of our liberal elites.

The more you get into it, though, and the more it looks like a story about overly zealous prosecutors and FBI agents, and laws drafted in ways that allow such prosecutors and FBI agents enormous discretion to depict routine, non-criminal activities as somehow sinister. It’s the sort of thing that Trump, in other contexts, has described as a witch hunt or a perjury trap.

“This prosecution is unprecedented and unjustified,” Craig, who has pleaded not guilty, said in a YouTube statement.

What was Craig’s supposed crime? According to the indictment, his crime wasn’t doing legal work that was paid for by an individual from Ukraine. That’s legal—American lawyers do legal work for foreign clients all the time. It wasn’t even failing to register that legal work with the U.S. government. Such registration isn’t required by law unless it crosses the line into “political activities” or “public relations counsel.” No, the supposed crime here, at least in part, is that Craig, according to the indictment, was less than completely forthright in telling his law firm colleagues and the government about his dealings with two reporters, David Sanger and David Herszenhorn, who wrote a news article about the legal work for The New York Times. Sanger is Craig’s neighbor in Washington’s Cleveland Park neighborhood.

That article appeared in the Times under the headline, “Failings Found in Trial of Ukrainian Ex-Premier.” It began, “In a report commissioned by the government of Ukraine, a team of American lawyers has concluded that important legal rights of the jailed former prime minister, Yulia V. Tymoshenko, were violated during her trial last year on charges of abusing her official power, and that she was wrongly imprisoned even before her conviction and sentencing.”

By the federal prosecutors’ bogus logic, legal work for a foreign client is legal so long as the American public doesn’t know about it. If the lawyer dares talk to a New York Times reporter about the work or provide the reporter with a copy of it, though, all of a sudden, the lawyer had better file as a “foreign agent” or else pack his toothbrush for a stay in the federal penitentiary.

The indictment claims that Craig “withheld information regarding his contacts” with the Times reporters “from a number of attorneys” at Skadden, where he was then a partner. Even if this were true, not every dispute between law firm partners about information-sharing or candor rises to the level of a federal crime.

The indictment makes reference to “an interview conducted by the Special Counsel’s Office,” but the charges came not from Robert Mueller but from the U.S. Attorney’s Office for the District of Columbia.  The press release says the case “is being investigated by the FBI’s New York Field Office,” but the charges are brought not in New York but in Washington, D.C.

The first count on which Craig is charged is Title 18, United States Code, Section 1001. That’s the same section to which Trump’s national security adviser, Michael Flynn, pleaded guilty to violating, and also to which Trump’s campaign manager, Paul Manafort, pleaded guilty to violating. It provides or a fine or up to five years in prison for anyone who “knowingly and willfully” makes any materially false statement or representation “in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States.” The provision also is the one that James Comey used against Martha Stewart, and the one that prosecutors used during the George W. Bush administration against Vice President Cheney’s aide Lewis “Scooter” Libby, who was pardoned by Trump.

Justice Ruth Bader Ginsburg has accurately warned of the “sweeping generality” of Section 1001, writing, “the prospect remains that an overzealous prosecutor or investigator—aware that a person has committed some suspicious acts, but unable to make a criminal case—will create a crime by surprising the suspect, asking about those acts, and receiving a false denial.”

The second count on which Craig is charged is violating the Foreign Agents Registration Act. That’s a law passed in 1938 amid anxiety about Nazi influence in America on the eve of World War II. It’s so broadly written that it could conceivably require the Times itself to register as a foreign agent of Mexican investor Carlos Slim.

These issues aren’t ones that I have only suddenly discovered following the indictment of Craig. I’ve been writing about Section 1001 since the 2004 New York Sun editorial “Martha Stewart and the Law.” In a 2017 column, I suggested that it was time for Congress or Congress to revisit the Foreign Agents Registration Act “with an eye toward narrowing its scope or even repealing it altogether.”

The whole situation is an opportunity for Trump to display some presidential leadership. He could do this by exercising his constitutional authority over the Justice Department and encouraging them to use their prosecutorial discretion to decline to prosecute this one. He could do it by using his pardon power in cases where there have been or will be convictions. Or the president can ask Congress to repeal or substantially narrow these provisions. Trump could then sign new legislation into law.

Perhaps the one redeeming feature of the Craig indictment is that, because Craig is a Democrat who served Clinton and Obama, it could allow Trump to take such corrective action while seeming not partisan or self-serving but, rather, principled.

Ira Stoll is editor of FutureOfCapitalism.com and author of JFK, Conservative.

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Happy Taxation-Is-Theft Day!

Sen. Bernie Sanders (I–Vt.) is engaging in some mildly awkward conversations about being a millionaire while constantly seeking to soak the rich. Which on this Tax Day, is kind of hilarious, so it’s how we start this week’s Editors’ Roundtable edition of the Reason Podcast, featuring Katherine Mangu-WardNick Gillespie, Peter Suderman and Matt Welch.

The gang talks this year’s tax-refund confusions, Democrats’ fuzzy tax math, Uncle Milty’s greatest #fail, presidential-candidate tax disclosures, the gruesomely intrusive Foreign Account Tax Compliance Act (FATCA), and much more. Also under discussion: the forthcoming Mueller Report drop, Julian Assange‘s beard, Raymond Chandler’s vocabulary, Reason‘s schmancy new website, and how all the nerds in Washington were watching Game of Thrones last night.

Subscribe, rate, and review our podcast at iTunes.

Audio production by Ian Keyser.

‘Mozart – Eine Kleine Nachtmusik allegro’ by Advent Chamber Orchestra is licensed under CC BY-SA 3.0

Relevant links from the show:

Nobody Thinks They’ve Gotten a Recent Tax Cut, but a Majority Have,” by Elizabeth Nolan Brown

Happy Tax Day! Here Are 6 Infuriating Ways the Government Spends Your Money,” by Joe Setyon

I Got Stoned and Did My Taxes,” by Liz Wolfe

Starve the Tax Man,” by J.D. Tuccille

The Rise of the Low-Tax Socialists,” by Peter Suderman

Democrats Hate Wealthy Candidates…When They’re Not Democrats,” by Matt Welch

Milton Friedman Helped Invent Income Tax Withholding,” by Katherine Mangu-Ward

Americans Keep Setting New Records for Renouncing Citizenship, and Tax Reform Threatens to Make it Worse,” by Matt Welch

The Coming Transparency Battle Over the Mueller Report,” by C.J. Ciaramella

MoveOn, Maddow Can’t Move on From Mueller Worship,” by Elizabeth Nolan Brown

Julian Assange and WikiLeaks Deserve Our Thanks for Making Governments More Transparent,” by Nick Gillespie

Julian Assange Is a Better Journalist Than Many of His Media Critics,” by J.D. Tuccille

Punishing Assange Isn’t Worth Killing a Free Press,” by Elizabeth Nolan Brown

The Washington Establishment Seems Pretty Happy About Julian Assange’s Arrest,” by Joe Setyon

What Game of Thrones Can Teach Us About Political Power,” by Katherine Mangu-Ward

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