Summer Rerun: Catalist, “The 480”, and The Real 480

There was much discussion in 2014 of Catalist, a database system being used by the Democratic Party to optimally target their electioneering efforts…see Jonathan’s post here.  I’m reminded of Eugene Burdick’s 1964 novel, The 480.   The book’s premise is that a group within the Republican party acquires the services of a computing company called  Simulation Enterprises, intending to apply the latest technology and social sciences research in order to get their candidate elected.  These party insiders have been inspired by the earlier work of the 1960 Kennedy campaign with a company called Simulmatics.

Simulmatics was a real company.  It was founded by MIT professor Ithiel de Sola Pool, a pioneer in the application of computer technology to social science research. Data from 130,000 interviews was categorized into 480 demographic groups, and an IBM 704 computer was used to process this data and predict the likely effects of various alternative political tactics.  One question the company was asked to address by the 1960 Democratic campaign, in the person of Robert F Kennedy, was:  How best to deal with religion?  There was considerable concern among some parts of the electorate about the prospect of choosing a Catholic as President.  Would the JFK campaign do better by minimizing attention to this issue, or would they do better by addressing it directly and condemning as bigots those who would let Kennedy’s faith affect their vote?

Simulmatics concluded that “Kennedy today has lost the bulk of the votes he would lose if the election campaign were to be embittered by the issue of anti-Catholicism.  The simulation shows that there has already been a serious defection from Kennedy by Protestant voters. Under these circumstances, it makes no sense to brush the religious issue under the rug.  Kennedy has already suffered the disadvantages of the issue even though it is not embittered nowand without receiving compensating advantages inherent in it.”  Quantitatively, the study predicted that Kennedy’s direct addressing of the religion issue would move eleven states, totaling 122 electoral votes, away from the Kennedy campbut would pull six states, worth 132 electoral votes, into the Democratic column.

It is not clear how much this study influenced actual campaign decision-making…but less than three weeks after RFK received the Simulmatics report, JFK talked about faith before a gathering of ministers in Houston.  “I believe in an America where religious intolerance will someday end,”  Kennedy said,  “where there is no Catholic vote, no anti-Catholic vote, no bloc voting of any kind.” (Burdick’s novel also suggests that the Kennedy campaign used Simulmatics to assess the effects of a more-forthright posture on civil rights by the campaign, and furthermore to analyze Kennedy’s optimal personality projection during the debatesI don’t know if these assertions are historically correct, but the religion analysis clearly was indeed performed.)

Considerable excitement was generated when, after the election, the Simulmatics project became publicly known.  A Harper’s Magazine article referred to to the Simulmatics computer as “the people machine,” and quoted Dr Harold Lasswell of Yale as saying, “This is the A-bomb of the social sciences.  The breakthrough here is comparable to what happened at Stagg Field.”  But Pierre Salinger, speaking for the Kennedy campaign, asserted that “We did not use the machine.”  (Salinger’s statement is called out as a lie in the recent book,  The Victory Lab: The Secret Science of Winning Campaigns.)

In Burdick’s novel, the prospective Republican candidate is John Thatch, head of an international engineering and construction company.  Thatch has achieved popular renown after courageously defusing a confrontation between Indians and Pakistanis over a bridge his company was building, thereby averting a probable war.  Something about Thatch’s personality has struck the public imagination, anddespite his lack of political experiencehe looks to be an attractive candidate.  But initially, the Republicans see little hope of defeating the incumbent Kennedy“the incumbent is surrounded by over four years of honorific words and rituals,” a psychologist explains.  “He seems as though he ought to be President.  He assumes the mantle.”  This outlook is deeply disturbing to a Republican senior statesman named Bookbinder, who strongly believes that defacto 8-year terms are bad for the country…but if it is true that Kennedy is unbeatable, then the best the Republicans can hope to do is lose as well as possible.  Things change when Kennedy is assassinated and the election becomes a real contest.

Bookbinder and Levi, another Republican senior statesman, are introduced to Simulation Enterprises by a young lawyer named Madison (Mad) Curver and his psychologist associate (quoted above), a woman named Dr Devlin.  Mad and Dr Devlin explain that what Sim Enterprises does is different from the work done by garden-variety pollsters like the one they have just met, Dr Cotter:

“The pollster taps only a small fragment of the subject’s mind, attention, background, family influence, and habits.  The Simulations thing, just because it can consider thousands of elements influencing the subject, even things he may not know himself, gets much better results.”

“And one further thing, Book,” Mad said.  “Simulations Enterprises can predict what people will do in a situation which they have never heard of before.  That was the whole point of the UN in the Midwest example.  No one has gone out there and asked them to vote on whether we should get out of the UN, but Dev outlined a procedure by which you can predict how they will react…if they ever do have to vote on it.

Again Bookbinder had the sharp sense of unreality.  Unreal people were being asked invented questions and a result came out on green, white-lined paper…and when you got around to the real people six months later with the real question they would act the way the computer had said they would.

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Seth Barrett Tillman: My Post on CONLAWPROF: On Elected Judges and Elected Prosecutors

It strikes me that the complaint against judicial elections (as voiced on this listserv) is rooted in the absence of life tenure — not elections per se. You could have elections filling judicial vacancies — but with the candidates’ receiving life tenure. And you could have appointments by political authorities to fixed and limited judicial terms — with the possibility of reappointment. The threat to the rule of law (such as it is), lies with the prospective candidate for reelection/reappointment to judicial office biasing his/her decision for self-interested reasons. But that conflict of interest will appear whenever you have terms of limited duration with the possibility of reelection/reappointment. It is not elections per se that create the conflict.

This is an excellent point.

Read Seth’s post in full.

Seth Barrett Tillman: My Post on CONLAWPROF: my response to a discussion about removing Trump from office

If your dispute with Trump and your call for his removal are based on policy (and his language about policy), rather than about discrete factual predicates amounting to legal violations, then you should eschew the language of the criminal law and push forward with debates (in this forum and elsewhere) about the prospective dangers you think Trump is creating or the harms he has already caused. But as I said, the country survived Johnson. To the extent that the argument against Trump is based on his saying stuff you think outrageous, I think the country will survive his talking big. I would also add that Trump has done little (as I see it) which substantially departs from his campaign statements—so a removal based on political disagreement about the expected consequences of policy is not going to be one with a strong democratic justification.
 
Technical point: It may be that deporting foreigners is not a criminal punishment, but exiling/banishing/deporting Americans who are in the country legally would seem to me to amount to a violation of a 14th Amendment liberty interest. This brings up an important cultural divide in America today (and not just in America, but across the Western world). Many of Trump’s supporters see the elites as being indifferent between their fellow citizens and foreigners. I ask you not to prove them correct.

Read the whole thing.

The Manafort Case.

In the summer of 2016, just before the GOP convention, the Trump children hired Paul Manafort and fired Cory Lewandowski who had been the campaign manager since 2015 and all through the primaries.

The rationale for Manafort was that he knew how to round up delegate votes at the convention.

Mr. Manafort, 66, is among the few political hands in either party with direct experience managing nomination fights: As a young Republican operative, he helped manage the 1976 convention floor for Gerald Ford in his showdown with Ronald Reagan, the last time Republicans entered a convention with no candidate having clinched the nomination.

He performed a similar function for Mr. Reagan in 1980, and played leading roles in the 1988 and 1996 conventions, for George Bush and Bob Dole.

Mr. Manafort has drawn attention in recent years chiefly for his work as an international political consultant, most notably as a senior adviser to former President Viktor F. Yanukovych of Ukraine, who was driven from power in 2014.

His “experience” was 20 years in the past and he proved to be a rapacious employee, demanding $5 million dollars for “outreach” soon after being hired.

The Lewandowski book, “Let Trump be Trump” is a very good description of the campaign, written with David Bossie.

In August, after sidelining him for a month, Trump fired Manafort, and, according to Lewandowski, it was because he learned that Manafort was “a crook.”

Mueller, and his traveling road show, is now holding Manafort in prison awaiting trial which keeps getting postponed.

A Washington, D.C., judge on Wednesday set a trial date of Sept. 17 for Paul Manafort, just weeks before the 2018 midterm elections, a spokesperson for the former Trump campaign chairman confirmed.

Manafort has pleaded not guilty to numerous charges in special counsel Robert Mueller’s investigation into Russian interference in the 2016 election, including money laundering, tax fraud and bank fraud conspiracy.

Nowhere in the charges is there any allegation of contact between the Trump campaign and Russia. Manafort is being charged with financial crimes related to work he did for Ukraine a decade ago.

Now it seems, that serious misbehavior occurred with the DOJ and FBI in this case.

The gist of the story is that Andrew Weissmann was meeting with AP reporters in April of 2017, approximately a month prior to the formal construct of the Robert Mueller investigation. The information from the meeting, which was essentially based on research provided by the “reporters” about Paul Manafort, was then later used in the formation of the underlying evidence against Manafort to gain a search warrant.

I would not be terribly surprised to see the whole case thrown out for prosecutorial misbehavior.

Seth Barrett Tillman: Poland’s Judicial Crisis: My Post on CONLAWPROF

Arrayed against the policy of the elected government of Poland (which ran for election twice on this policy) is: the EU Commission (not elected), the decisions of the European Court of Human Rights (not elected), the Council of Europe / Venice Commission (not elected), and any number of Polish judges — all appointed by a process wholly insulated from democratic control. But I repeat myself.
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I cannot prove this, but I expect if during our domestic squabbles involving the elected arms of the government manipulating the federal courts (circa 1802, and again circa 1863, or even today in relation to court packing) a bunch of international organisations told us what to do, such interventions would not have been (and will not be in the future) very welcomed, and might very well have made (and will make in the future) normal political compromise less likely.
 
“Purge”. If you want more Trump … but I repeat myself.

Read the whole thing.