The Trump regime’s policy of
taking away the children of “illegal immigrants” and locking them in cages,
warehouses and “tent cities” is a monstrosity even by the standards of
criminality-in-governance to which we have become accustomed over the past year
and a half. The children include breastfeeding babies, toddlers, the blind and
the terrified. They have no idea where their parents are or whether they will
see them again. Parents have been thrust into a parallel ignorance of their
children’s whereabouts; at least one parent has committed suicide. We have been
given multiple and incoherent explanations and justifications: that this policy
is “punishment” for people who have committed a crime by entering the country
illegally, that it will deter those contemplating illegal entry, that it will
pressure the Democratic Party into making a “deal” with Trump that presumably
includes funding his wall, that this is a sign of “toughness” or “zero
tolerance” in the pursuit of the national interest, that the regime is merely
enforcing a settlement reached by the Clinton administration in 1997 and a law
passed by the Bush administration in 2008. None of that disguises the basic
reality of the torture of children and their parents. Even without rehashing old
arguments about the banality of evil, we can see that this evil is recognizably
banal, perpetrated by “working people” who are simply “doing their jobs.” The
concept of “working people,” in America as in Germany in the 1930s, is itself a
nugget of evil banality, closely aligned with a vision of decency centered on
conformity and exclusion.
If we go beyond the banality and
ask where it is coming from, we can identify a crisis of aesthetics and
history. This is not the first time that the US government (or any other
government) has tormented children. We can point to the accelerated
deportations initiated by the Obama administration, the devastating effects on
Iraqi children of the Clinton-Albright sanctions, and the bombing of civilians
in a state of war that is chronic rather than episodic. Those crimes cannot be
detached from the current horror of the deliberate targeting of families, and
they can be only partially differentiated as “collateral damage,” since
collateral damage is only a partial disavowal of intent. It is also easy to see
the wider range of historical precedents, from the taking of Native American
children and the breakup through sale of slave families, to instances that do
not involve children directly, such as Guantanamo and Abu Ghraib. We can see
the continuity in the deployment of rhetoric such as “tough on crime” and “zero
tolerance,” which have become not only politically advantageous but
also self-evidently desirable: the discourse of common sense. When this is common sense, it becomes possible for otherwise reasonable and decent people to believe that the University of California reserves two-thirds of its funded admissions for the children of illegal immigrants. At that point, what Trump does to children and their parents becomes forgivable. These developments are
all national crimes, in the sense that they are part of the fabric of our
nationhood. It is not entirely honest to say, as some critics of Trump have
been saying out of a sincerely outraged decency, that child-removal is
un-American, or “This is not who we are.”
All the same, some aspects of
the current atrocity are unprecedented. Trump is a uniquely horrifying
phenomenon in American history, and not simply because his regime is a
political calamity that will leave a legacy of damage. It, and he, inspire in
critics a visceral revulsion akin to the revulsion that
Idi Amin and Caligula once inspired with their rumors of cannibalism, bestiality
and incest. The rumors may or may not have been literally true, but
their source is real enough. It is the revulsion that comes from encountering
the human animal in its grossest form, composed entirely of fleshy appetites and impulses:
the mindless, soulless, shameless lunging for food, sex, instant gratification
and dominance that one accepts in pigs and tolerates in children, but recoils
from when it appears in human adults. It is repulsive not simply because of
what it is, but also because of what it is not, for this pathological excess of urges that come from the gut is also the total absence of empathy, reason and reflection.
These are people who cannot even fake an apology, let alone repent. When
dealing with those who supposedly defecate in toilets of gold even as they
order that frightened toddlers be held by the state but not held by humans, the
principle of “appealing to the humanity of the evil-doer” that one associates
with Gandhi or Jesus breaks down, leaving us with a bare cupboard of
countermeasures. Revulsion is all we have to begin with.
Under the circumstances, we must
recognize first of all the broad complicity of our society, including its
“decent” actors and elements, in vicious and often illegal practices that have
not been confronted and punished. Obama did not punish the torturers from the
Bush administration, Nixon placed Lieutenant Calley in comfortable house
arrest, Ford pardoned Nixon, and Trump has already turned the presidential
pardon into an instrument of witness tampering. The failures to confront and
punish have preserved in American governance a bipartisan zone of
extra-legality that is not just useful to the powerful but constitutive of
power itself. Within the state and civil society, a tacit consensus has
emerged that this extra-legality is itself legitimate and governance must
transcend legality: authority cannot be limited by law, including not only
international law (which is blocked by national sovereignty), but also the law
of the land in question. Since the state supposedly acts in the name of the
people, the patriotic citizen can and must accept that legality is not
necessary for legitimacy, which can come instead from the transferred will –
i.e., the identity expressed in the community of the nation-state – of the patriot, who can be either actively
supportive or passively tolerant of government action. That is, obviously, an
inherently fascist principle. One does not need a “fascist state” to confirm
its operation, but its existence makes it easier for the state to
accommodate fascism.
In freeing governance and
legitimacy from legality, a basic liberal principle has been suspended and its
associated institutions corroded, the suspension hidden and the corrosion
justified by the expectation that decent people can be counted on to do the
decent thing without the need for legal consequences. Thus, the Bush-Cheney
torturers could be forgiven as fundamentally decent “working people” who would
not do it again, since a decent leadership would not tell them to do it again.
But when political leadership is reliant on the presumption that legality does
not fully apply to governance, and that government must keep in reserve (if not
in active deployment) the power to act without restraint, decency becomes quite
compatible with conduct that might otherwise be illegal and punishable. Not
only does the temptation to exceed the law become irresistible, the law itself
becomes inapplicable; it withers away, leaving behind a trace or shell. The
shell is not without its uses, but the utility is the hollowness itself. For
instance, the 1997 and 2008 laws that the Trump regime has used to justify its
recent actions do not, in fact, require border authorities to separate children
from their parents. Citing them is an obfuscation and a ritual of legitimacy,
underlining the useful emptiness of law in governance.
We must recognize, second, that
our current predicament is not a problem of universal corruption, in which one
set of leaders and followers are as malevolent as another. Obama, Clinton
and Ford were all recognizably “decent” politicians. That decency was not fake
or meaningless: it meant, for instance, that they would not have ordered the
kidnapping of children, or even the torture of adults. They were empathetic,
capable of feeling remorse for the harm they did more or less accidentally. The
same understanding of decency, however, also allowed them to tolerate
kidnapping, torture and drone attacks as behavior that can be accommodated within the
extralegal space of governance, to bury the photographs from Abu Ghraib, to
refuse to see (and even more pertinently, to show, because that would bring legality into play) what they would not themselves have done while declining to
strengthen the institutions that might have prevented Trump from
doing what is so indecent that it can only be called obscene.
We cannot, in other words, count
on decency to prevent indecency, or to keep the truly pathological from abusing of the machinery of government. It is essential that we
see the Trump phenomenon not only as a freakish malignancy, but also as the
consequence of a reactionary decency that we have already normalized, and that
enables forms of racism, fascism and assorted cruelty that we have already
woven into our sense of who and what we are as a political community. It must,
in the longer term, be uprooted or at least confronted if this is not to happen
again. It is not a coincidence that “zero tolerance” is the signature phrase of
this evil.
Finally, it is useful to recall
what the author of the notion of the banality of evil wrote about forgiveness.
In the follow-up to her work on totalitarianism, Hannah Arendt described
forgiveness as a central aspect of freedom: it is, she suggested, an act that
disrupts the causality of offense and retaliation (karma, a Hindu might say), and thus makes human initiative in history possible. It is an elegant
argument, but it makes sense only in a context where the offender is
potentially penitent and forgiveness is accompanied by systemic corrections, and I do not mean the feel-good pablum of si se puede chants. It has been possible to forgive Germans for their crimes of
decency because the Nazi leadership was punished, and because the children of the
followers went beyond decency and became, very substantially, a different kind
of political community. Until the current American regime is recognized and
treated as what they are – which is a collection of criminals – and concrete
steps are taken to make it legally impossible to get away with what they have
done, talk of forgiveness, accommodation, compromise, civility or decency would be
fundamentally indecent.
June 19, 2018