Tuesday, December 28, 2021

America is Now in Fascism’s Legal Phase

A very lengthy and chilling piece in The Guardian looks at where America now finds itself with democracy under attack by the Republican Party and tactics akin to those used by the Nazi regime in its early stages can be found with increasing regularity on the political right.  History is prologue and too many Americans remain ignorant/oblivious to what is happening.   Violence and vigilante actions are being excused and/or normalized and a dominant majority of the population - namely whites - are being depicted as under attack and in need of protection from those who would undermine "law and order".  Voting distric gerrymandering to ensure GOP victories, obstacles to voting targeting minorities, and moves to allow state legislatures to override the vote of citizens are all part of the legalizing of anti-democratic efforts.  Meanwhile, much of the media - through a mindless false equivalency or laziness - fails to inform the public of the dangers to democracy.  Here are artcle highlights:

Let us be reminded that before there is a final solution, there must be a first solution, a second one, even a third. The move toward a final solution is not a jump. It takes one step, then another, then another.”

So began Toni Morrison’s 1995 address to Howard University, entitled Racism and Fascism, which delineated 10 step-by-step procedures to carry a society from first to last.

Morrison’s interest was not in fascist demagogues or fascist regimes. It was rather in “forces interested in fascist solutions to national problems”. The procedures she described were methods to normalize such solutions, to “construct an internal enemy”, isolate, demonize and criminalize it and sympathizers to its ideology and their allies, and, using the media, provide the illusion of power and influence to one’s supporters.

Morrison saw, in the history of US racism, fascist practices – ones that could enable a fascist social and political movement in the United States.

The contemporary American fascist movement is led by oligarchical interests for whom the public good is an impediment, such as those in the hydrocarbon business, as well as a social, political, and religious movement with roots in the Confederacy. As in all fascist movements, these forces have found a popular leader unconstrained by the rules of democracy, this time in the figure of Donald Trump.

My father, raised in Berlin under the Nazis, saw in European fascism a course that any country could take. He knew that US democracy was not exceptional in its capacity to resist the forces that shattered his family and devastated his youth. My mother, a court stenographer in US criminal courts for 44 years, saw in the anti-Black racism of the American legal system parallels to the vicious antisemitism she experienced in her youth in Poland, attitudes which enabled eastern European complicity with fascism. And my grandmother, Ilse Stanley, wrote a memoir, published in 1957, of her experiences in 1930s Berlin . . . . It is a memoir of the normalization years of German fascism, well before world war and genocide. In it, she recounts experiences with Nazi officers who assured her that in nazism’s vilification of Jews, they certainly did not mean her.

Often, those who employ fascist tactics do so cynically – they do not really believe the enemies they target are so malign, or so powerful, as their rhetoric suggests. Nevertheless, there comes a tipping point, where rhetoric becomes policy. Donald Trump and the party that is now in thrall to him have long been exploiting fascist propaganda. They are now inscribing it into fascist policy.

Fascist propaganda takes place in the US in already fertile ground – decades of racial strife has led to the United States having by far the highest incarceration rate in the world. A police militarized to address the wounds of racial inequities by violence, and a recent history of unsuccessful imperial wars have made us susceptible to a narrative of national humiliation by enemies both internal and external. . . . . there is a long history of business elites backing racism and fascism out of self-interest, to divide the working class and thereby destroy the labor movement.

The novel development is that a ruthless would-be autocrat has marshalled these fascist forces and shaped them into a cult, with him as its leader. We are now well into the repercussions of this latter process – where fascist lies, for example, the “big lie” that the 2020 election was stolen, have begun to restructure institutions, notably electoral infrastructure and law. As this process unfolds, slowly and deliberately, the media’s normalization of these processes evokes Morrison’s tenth and final step: “Maintain, at all costs, silence.”

To understand contemporary US fascism, it is useful to consider parallels to 20th century history, both where they succeed and where they fail.

Hitler was a genocidal antisemite. Though fascism involves disregard for human life, not all fascists are genocidal. Even Nazi Germany turned to genocide only relatively late in the regime’s rule. And not all fascists are antisemitic. There were Italian Jewish fascists. Referring to the successful assimilation of Jews into all phases of Weimar era German life, my father warned me, “if they had chosen someone else, some of us would have been among the very best Nazis.”

Despite its radical start, the Nazi party dramatically increased its popularity over many years in part by strategically masking its explicit antisemitic agenda to attract moderate voters, who could convince themselves that the racism at the core of Nazi ideology was something the party had outgrown. It represented itself as the antidote to communism, using a history of political violence in the Weimar Republic, including street clashes between communists and the far right, to warn of a threat of violent communist revolution. It attracted support from business elites by promising to smash labor unions.

The Nazis recognized that the language of family, faith, morality and homeland could be used to justify especially brutal violence against an enemy represented as being opposed to all these things. The central message of Nazi politics was to demonize a set of constructed enemies, an unholy alliance of communists and Jews, and ultimately to justify their criminalization.

The main targets of the regime’s concentration camps were, initially, communists and socialists. The Nazi regime urged vigilante violence against its other targets, such as Jews, separating themselves from this violence by obscuring the role of agents of the state. During this time, it was possible for many non-Jewish Germans to deceive themselves about the brutal nature of the regime, to tell themselves that its harsh means were necessary to protect the German nation from the insidious threat of communism.

Violent militias occupied an ambiguous role between state and non-state actors. The SS began as violent Nazi supporters, before becoming an independent arm of the government.

In the US, the training of police as “warriors”, together with the unofficial replacement of the American flag by the thin blue line flag, augur poorly about the democratic commitments of this institution.

For a far-right party to become viable in a democracy, it must present a face it can defend as moderate, and cultivate an ambiguous relationship to the extreme views and statements of its most explicit members. It must maintain a pretense of the rule of law, characteristically by projecting its own violations of it on to its opponents.

In the case of the takeover of the mainstream rightwing party by a far-right anti-democratic movement, the pretense must be stronger. The movement must contend with members of that party who are faithful to procedural elements of democracy, such as the principle of one voter one vote, or that the loser of a fair election give up power – in the United States today, figures such as Adam Kinzinger and Elizabeth Cheney. A fascist social and political party faces pressure both to mask its connection to and to cultivate violent racist supporters, as well as its inherently anti-democratic agenda.

In the face of the attack on the US capital on 6 January, even the most resolute skeptic must admit that Republican politicians have been at least attempting to cultivate a mass of violent vigilantes to support their causes. Kyle Rittenhouse is becoming a hero to Republicans after showing up in Kenosha, WI as an armed vigilante citizen, and killing two men. Perhaps there are not enough potential Kyle Rittenhouses in the US to justify fear of massive armed vigilante militias enforcing a 2024 election result demanded by Donald Trump. But denying that Trump’s party is trying to create such a movement is, at this point, deliberate deception.

The Nazis instigated and exacerbated violence in the streets, then demonized their opponents as enemies of the German people who must be dealt with harshly. Trump’s rise followed Black protest, at times violent, of police brutality in Ferguson and Baltimore. More recently, the murder of George Floyd and a historic protest movement in the US in the late spring has given fuel to fascist misrepresentation.

In its most recent iteration, in the form of the reaction against Black Lives Matter protesters and the demonization of antifa and student activists, a fascist social and political movement has been avidly stoking the flames for mass rightwing political violence, by justifying it against these supposed internal enemies.

Rachel Kleinfeld, in an October 2021 article, documents the rise of the legitimation of political violence in the US. According to the article, the “bedrock idea uniting right-wing communities who condone violence is that white Christian men in the United States are under cultural and demographic threat and require defending and that it is the Republican Party and Donald Trump, in particular, who will safeguard their way of life.”

This kind of justification of political violence is classically fascist – a dominant group threatened by the prospect of gender, racial and religious equality turning to a leader who promises a violent response.

We are now in fascism’s legal phase. According to the International Center for Not for Profit Law, 45 states have considered 230 bills criminalizing protest, with the threat of violent leftist and Black rebellion being used to justify them. That this is happening at the same time that multiple electoral bills enabling a Republican state legislature majority to overturn their state’s election have been enacted suggests that the true aim of bills criminalizing protest is to have a response in place to expected protests against the stealing of a future election (as a reminder of fascism’s historical connection to big business, some of these laws criminalize protest near gas and oil lines).

The Nazis used Judeo-Bolshevism as their constructed enemy. The fascist movement in the Republican party has turned to critical race theory instead. . . . a classic fascist strategy to stoke fury and resentment. Using the bogeyman of critical race theory, 29 states have introduced bills to restrict teaching about racism and sexism in schools, and 13 states have enacted such bans.

As James Whitman shows in his 2017 book, Hitler’s American Model: The United States and the Making of Nazi Race Law, the Jim Crow era in the United States influenced Nazi law. In 2021, legislators in 19 states passed laws making access to the ballot more difficult, some with specific (and clearly intentional) disparate impact on minority communities (as in Texas). By obscuring in our education system facts about this [Jim Crow] era, one can mask the reemergence of legislation that borrows from its strategies.

If you want to topple a democracy, you take over the courts. Donald Trump lost the popular vote to Hillary Clinton in 2016 by almost 3m votes, and yet has appointed one-third of supreme court, three youthful far-right judges who will be spending decades there. The Roberts court has for more than a decade consistently enabled an attack on democracy, by hollowing out the Voting Rights Act over time, unleashing unlimited corporate money into elections, and allowing clearly partisan gerrymanders of elections. There is every reason to believe that the court will allow even the semblance of democracy to crumble, as long as laws are passed by gerrymandered Republican statehouses that make anti-democratic practices, including stealing elections, legal.

Donald Trump has shown others what is possible. But the fascist movement he now leads preceded him, and will outlive him. As Toni Morrison warned, it feeds off ideologies with deep roots in American history. It would be a grave error to think it cannot ultimately win.

Be very afraid for the future.

No comments: