Bobo is annoyed. Bobo is pissed. In “Snap Out of It” he barks that it’s been a bad summer, but it’s important to keep things in perspective. In the comments “Michael” from LA had this to say: “Mr. Brooks, please send a copy of your recommendations to your fellow Republicans in government and in the media. Then, for your own good, stand aside so you won’t be singed by the blowback.” Mr. Cohen, in “Truths of a French Village,” says talks with a real estate agent illustrate why globalization does not alter the reality of cultural differences. Mr. Nocera looks “Behind the Chevron Case” and says this lawyer may have movie-star good looks, but he has a lot to answer for, too. Ah — attack the attorney who went after Chevron, but say nothing about what Chevron was responsible for. Typical. Here’s Bobo:
I’ve been living in and visiting New York for almost a half-century now. One thought occurs as I walk around these days: The city has never been better.
There has never been a time when there were so many interesting places to visit, shop and eat, when the rivers and the parks were so beautiful, when there were so many vibrant neighborhoods across all boroughs, with immigrants and hipsters and new businesses and experimental schools. I suppose New York isn’t as artistically or intellectually rich as it was in the 1940s and 1950s, but daily life is immeasurably better.
And when I think about the 15 or 20 largest American cities, the same thought applies. Compared with all past periods, American cities and suburbs are sweeter and more interesting places. Of course there are the problems of inequality and poverty that we all know about, but there hasn’t been a time in American history when so many global cultures percolated in the mainstream, when there was so much tolerance for diverse ethnicities, lifestyles and the complex directions of the heart, when there was so little tolerance for disorder, domestic violence and prejudice.
Widening the lens, we’re living in an era with the greatest reduction in global poverty ever — across Asia and Africa. We’re seeing a decline in civil wars and warfare generally.
The scope of the problems we face are way below historic averages. We face nothing like the slavery fights of the 1860s, the brutality of child labor and industrialization of the 1880s, or a civilization-threatening crisis like World War I, the Great Depression, World War II or the Cold War. Even next to the 1970s — which witnessed Watergate, stagflation, social decay and rising crime — we are living in a golden age.
Our global enemies are not exactly impressive. We have the Islamic State, a bunch of barbarians riding around in pickup trucks, and President Vladimir Putin of Russia, a lone thug sitting atop a failing regime. These folks thrive only because of the failed states and vacuums around them.
I mention all of this because of the despondency and passivity and talk of unraveling that floated around this summer. Now there is a mood of pessimism and fatalism evident in the polls and in conversations — a lack of faith in ourselves.
It’s important in times like these to step back and get clarity. The truest thing to say is this: We are living in an amazingly fortunate time. But we also happen to be living during a leadership crisis, and a time when few people have faith in elites to govern from the top. We live in a vibrant society that is not being led.
We don’t suffer from an abuse of power as much as a nonuse of power. It’s been years since a major piece of legislation was passed, and there’s little prospect that one will get passed in the next two.
This leadership crisis is eminently solvable. First, we need to get over the childish notion that we don’t need a responsible leadership class, that power can be wielded directly by the people. America was governed best when it was governed by a porous, self-conscious and responsible elite — during the American revolution, for example, or during and after World War II. Karl Marx and Ted Cruz may believe that power can be wielded directly by the masses, but this has almost never happened historically.
Second, the elite we do have has to acknowledge that privilege imposes duties. Wealthy people have an obligation to try to follow a code of seemliness. No luxury cars for college-age kids. No private jet/ski weekends. Live a lifestyle that is more integrated into middle-class America than the one you can actually afford. Strike a blow for social cohesion.
Powerful people might follow a code of public spiritedness. That means restraining your partisan passions and parochial interests for the sake of domestic tranquility. Re-establish the lines between public service and private enrichment.
Third, discredit political bigotry. In 1960, 5 percent of Republicans and 4 percent of Democrats said they would be displeased if their children married someone of the opposite party. By 2010, Cass Sunstein observes, those numbers had jumped to 49 percent and 33 percent. How small-minded can you get?
Fourth, put congressional reform atop the national agenda. More states could have open primaries. Nonpartisan commissions could draw district lines. Presidential nominees should get an up-or-down vote within 90 days. Representative Jim Cooper of Tennessee suggests that if Congress doesn’t pass a budget or annual spending bills on time, then members don’t get paid.
Politics is generally the same old tasks. Rejuvenating ailing institutions. Fighting barbarians to preserve world order. Today is nothing new. Instead of sliding into fatalism, it might be a good idea to address our problems without exaggerating our plight.
We can address our problems by getting rid of all the Republicans in Congress for starters. Here’s Mr. Cohen:
A few weeks ago I was in France, where I’ve owned a village house for almost 20 years that I am now planning to sell. A real estate agent had taken a look at the property and we had made an appointment to discuss how to proceed. She swept into the kitchen, a bundle of energy and conviction, with an impassioned appeal:
“Monsieur Cohen, whatever you do, you must on no account sell this house!”
I gazed at her, a little incredulous.
“You cannot sell it. This is a family home. You know it the moment you step in. You sense it in the walls. You breathe it in every room. You feel it in your bones. This is a house you must keep for your children. I will help you sell it if you insist, but my advice is not to sell. You would be making a mistake.”
This was, shall we say, a cultural moment, one of those times when a door opens and you gaze, if not into the soul of a country, at least into territory that is distinct and deep and almost certainly has greater meaning than the headlines and statistics that are supposed to capture the state of a nation, in this case one called France, whose malaise has become an object of fascination. I tried to imagine an American or British real estate agent, presented with a potentially lucrative opportunity, deciding to begin the pitch with a heartfelt call not to sell the property because it was the repository of something important or irreplaceable. I came up blank. I could not picture it. There were no circumstances in which self-interest, or at least professional obligation, would not prevail. Price would be pre-eminent, along with market conditions and terms. Yet in this French village, across a wooden kitchen table set on a stone floor, the setting of economic interest below emotional intuition seemed a natural outcrop of soil and place.
I thought of this exchange the other day as Prime Minister Manuel Valls, a modernizing socialist, faced a confidence vote in the National Assembly over yet another plan to cut public spending, make the job market more flexible, and break the French logjam of high unemployment, a bloated state sector and handouts that can have the perverse effect of making work in the official economy an unattractive proposition. “What matters today is effectiveness and not ideology,” Valls said.
He prevailed even though 32 members of his own party abstained in protest at a perceived attack on socialist principles. More than any other party of the center-left in Europe, the French socialists have had trouble jettisoning ideological baggage ill-adapted to 21st-century global competition. More than any other Western country, France has resisted modernity, at least in the way it thinks of itself. So my feeling listening to Valls talk about “effectiveness” could be summed up in two words: Good luck!
The prime minister is up against something deeper than the resistance of labor unions or his own party: a culture that views the prizing of efficiency as almost vulgar. Effectiveness had no place in my chat with the real estate agent. Effectiveness does not seem to enter into it as I contemplate French butchers bard a chicken or prepare a cut of beef with deft incisions. Effectiveness is not the rule in French shopping habits. It lies at a far remove from the long conversations between shopkeepers and clients. Efficiency for the French is a poor measure of the good life, just as making a buck from the sale of a house pales before the expression of feeling about what a house may represent. Whether this is good or bad hardly matters. It is often bad for the French economy. It is also a fact of life.
These distinctive cultural components of nations are probably underestimated as globalization and homogenization create the impression that the same standards or systems can be pursued everywhere. I used to be impatient with such thinking. The Russians need a czar! The Egyptians need a pharaoh! The French need to strike! No, I would think, the Russians and the Egyptians and the French are like everyone else, they want to be free, they want governance with the consent of the governed, they do not want their lives subjected to arbitrary rules, or to live less well than they could without czars and pharaohs and strikes. Now I feel I was wrong about that. Globalization equals adaptation to insurmountable differences as much as it equals change. Some things do not change, being the work of centuries.
A couple of days after my meeting I was having a beer with my sons in a French cafe. The bill was 14 euros. The waitress was going to take a credit card, then saw I had a €10 note. “Just give me that,” she said. “Don’t worry about the rest.”
It must be nice to live in London and have a home in France too… Here’s Mr. Nocera:
“I am the target of what is probably the most well-funded corporate retaliation campaign in U.S. history,” Steven Donziger emailed me early Monday afternoon.
Donziger, 53, is the sort of attorney they make movies about. Tall, handsome, and charismatic, he has spent the bulk of his legal career on one case: trying to get Chevron to clean up an environmental mess that he says its predecessor left behind in the Ecuadorian rain forest. His clients are poor Ecuadorians who have allegedly been living with the land’s degradation ever since Texaco pulled out of the country in the early 1990s. (Chevron bought Texaco — and acquired its legal liabilities — in 2001). He has worked tirelessly on the case for more than two decades, finally gaining a $19 billion judgment against the company in an Ecuadorian court in 2011. Though a higher court later cut the damages in half, it would still seem to be a fantastic victory by David over Goliath.
But there is another, darker narrative about Donziger, told most recently by Paul Barrett, a Bloomberg Businessweek writer whose book about the Chevron-Ecuador case, “Law of the Jungle,” is being published this week. According to Barrett, Donziger may have begun his quest with the best of intentions, but somewhere along the way, he lost his bearings. To get the judgment he wanted from the Ecuadorian courts, Donziger allegedly committed multiple acts of fraud, including having members of his team ghostwrite a crucial report for the court that was supposed to be authored by an independent expert. Donziger has responded by accusing Barrett of working hand-in-glove with Chevron, in effect being part of the “retaliation campaign.”
I know Donziger slightly. I’ve always liked him. But I have to say that I find Barrett’s account far more persuasive than Donziger’s. Without question, Chevron has gone after him. But Donziger is the one who supplied the ammunition.
One reason Barrett’s account is credible is that he began his reporting with a Bloomberg Businessweek cover story in 2011 that was decidedly pro-Donziger. But once he got the book contract and began digging deeper into the case, he started to have his doubts about Donziger and the plaintiffs’ team. How could the plaintiffs know for sure that Chevron was at fault when the Ecuadorian government’s oil company had continued to extract oil from the rain forest for years after Texaco left? Where was the epidemiology that connected the oil waste to disease? What about the ghostwritten expert’s report? And the ex parte communications with judges? And even an alleged attempt to bribe the judge to rule in the plaintiffs’ favor?
Barrett isn’t the only one to come to view Donziger as a rogue lawyer willing to do virtually anything to win. So has Roger Parloff, Fortune magazine’s legal writer, who has covered the case for years. And so has the highly respected human right lawyer — and Notre Dame law professor — Doug Cassel.
With every critic, Donziger and his allies have replied the same way: The critics have been corrupted by the evil Chevron. But there is one critic who is not so easy to brush aside: the federal judge Lewis Kaplan of the Southern District of New York. Chevron brought a civil RICO case against Donziger, claiming that his actions had so tainted any Ecuadorian verdict that it should be unenforceable in the United States. (Because Chevron has no assets in Ecuador, the judgment would have to be enforced in countries like the U.S. where it did have assets.)
After a six-week trial, Kaplan essentially agreed, writing an astonishing 485-page decision in which he concluded that Donziger and his team had “corrupted” the trial. (Donziger described Kaplan’s decision as “deeply flawed.”) Donziger had once thought his case against Chevron would show public interest lawyers how to bring big, complex foreign cases against multinational corporations. Instead, it is more likely to show corporations that there is more merit in fighting back than settling.
What’s worse is that the Ecuadorians who live in the affected areas have still not seen any help, 20 years later. A lawyer with a more realistic view of the case might have been able to get a reasonable settlement early on. A lawyer who had played by the rules might have even won a judgment that would now be enforceable in an American court. “Donziger disserved his clients and his cause” by the way he conducted himself during the trial, Cassel now says.
When I spoke to Donziger on Monday, he conceded that he may have made some mistakes, but nothing as egregious as Chevron’s “horrendous actions in Ecuador.” He told me that he was proud of the way he had acted, and that he still stands by the ghostwritten expert’s report.
“I am a big boy,” Donziger said. “I can take responsibility for what I did or did not do.” But that’s just the problem. He can’t. And he hasn’t.