By Kevin D. Williamson
Thursday, October 20, 2016
Madam President:
Criticized for his advising Chilean dictator Augusto
Pinochet, Milton Friedman offered the only persuasive response: “I gave him
good advice.” I cannot congratulate you on your election — no sane person could
— but I can offer some good advice.
There is not much to like about you. You are
intellectually and morally stunted, a creature of pure politics who has never
had a single interesting or original idea. You are deeply corrupt yourself and
a source of corruption in others. The republic truly deserves better than you.
You don’t just do discredit to your party and your country, but to your
species. Unhappily for us, better wasn’t on the menu, only different varieties
of horror.
That being said, there is one thing about you that gives
me a little hope: You are a coward. You are so risk-averse politically and
personally that you have a natural tendency toward what might be described as a
kind of conservatism — not conservatism of the Buckley–Goldwater–Reagan
variety, but a certain conservatism of disposition, at least in comparison to
such sans-culottes specimens as Bernie Sanders. I expect, and hope, that you
will give into that salubrious terror and proceed with extreme caution.
Unlike Elizabeth Warren, your heart isn’t in it when it
comes to organizing a political firing line for your benefactors at Goldman
Sachs, and you were, oddly enough, somewhat to the right of your Republican
opponent in the presidential election on foreign policy. Watching you talk
about “green energy jobs” is like watching that awkwardly dancing guy who
doesn’t know that he’s a little too old for the club into which he has wandered
on a Saturday night. You’re more in the Wilson-FDR tradition than in the Noam
Chomsky tradition — a totalitarian and a would-be tyrant, sure, but also a
conventional welfare-statist of the conventional Bismarckian variety.
Hooray for us.
Still, one suspects that you are going to feel the need
to throw a few mackerel to the barking seals who make up the largest and most
energetic part of your daft and monstrous political party, and I fear that you
will settle on gun control as your symbolic issue. It has been a while since
Democrats have burned their fingers on that particular stove, and the
electorate and culture have changed a bit since then.
You could, if you’re halfway clever, actually get this
one right.
Let us begin with the basics: The United States of
America may be a beacon of liberty and prosperity to the world, but it is also
a horrifyingly violent society. Firearms are not the live variable in this: We
are off the charts when it comes to stabbings, beating people to death,
strangulations, homicidal drownings, any kind of murder you can think of. We
also have very high rates of deaths from drugs and alcohol, motor-vehicle
mishaps, accidents, and the like. The question of why, exactly, that is the
case is a matter of intense scholarly interest, and there is, so far, no
conclusive answer. But any discussion of homicide in the United States, whether
it is of the Chicago street-corner-gangster variety or the
lonely-misfit-shoots-up-the-school variety, must begin with the knowledge that
we are an unusually violent and unruly people, and have been for a long time.
The Swiss keep the prime criminal demographic, young men, armed to the teeth,
not with what your friends like to call “military-style” weapons but with
actual military weapons, and they have fewer murders in a year than Chicago has
on a bad Saturday night. The issue is the character of the people, not the
state of gun laws.
But that is not to say that there is not room for
improvement when it comes to the intersection of guns, crime, and violence. And
that’s where you could, if you were so inclined, proceed in a way that not only
wouldn’t antagonize Second Amendment partisans such as myself but would in fact
invite our cooperation.
The first thing you should do is have a conference call
with your U.S. attorneys and insist that they either start prosecuting
straw-buyer cases or start putting their personal possessions into shoeboxes
and scooting their lazy asses out the door. We have, at the federal level,
robust laws for the prosecution of “straw buyers,” people who have clean
criminal records and act as proxies for felons and others unable to legally
purchase guns. Straw purchases are not the only or even the main way by which
firearms find their way into the hands of those forbidden to possess them, but
they aren’t a negligible one, either. Unfortunately, many federal prosecutors
(including the one responsible for Chicago) as a matter of openly stated policy
refuse to prosecute these cases unless there is a sexier angle to the case,
such as a shot at a major trafficking ring or an opportunity for a
headline-grabbing organized-crime prosecution.
What’s worse is that a great many straw buyers are
sympathetic defendants: girlfriends, grandmothers, and kid sisters of hard
career criminals bullied (or worse) into making those illegal purchases. But
not every defendant is sympathetic, and prosecuting a few of the sympathetic
ones might be useful, too. Lying on the paperwork submitting to purchase a
firearm is perjury, and suborning perjury is a crime, too, one that should be
prosecuted more frequently than it is. (For example, you probably should have faced that charge once or twice in your
career. But never mind that for now.) The ATF simply refuses to prosecute these
crimes, a refusal blessed from the White House itself. In a meeting with NRA
leaders, Vice President Joe Biden scoffed at the idea of prosecuting these
crimes: “We simply don’t have the time or manpower to prosecute everybody who
lies on a form,” he said.
If you are serious about what you insist on calling “gun
violence” — which is to say, murder and other violent crime — then you should
see to it that these cases are prosecuted.
Most of the responsibility for crime control lies with
state and local powers. But, as it happens, most of the jurisdictions with the
worst crime problems are dominated by members of your political party.
(Strange, that.) While you cannot simply give them orders the way you can
federal prosecutors, you can cajole and coerce them into doing the right thing,
for example by making certain federal grants contingent upon actually enforcing
the laws we already have regarding the illegal use of firearms.
Police departments in places such as Chicago and
Philadelphia often put out press releases about sweeps in which a hundred or
more illegal guns have been seized, generally accompanied by publicity photos
of firearms arrayed on tables. “Look what we have done!” the mayor and the
police chief will crow. That is all good and fine, but the next part —
prosecutions for those illegal firearms possession cases — often simply never
happens. The ratio of seizures of illegally possessed firearms to prosecutions
in firearms cases is shocking. The statistics from places such as Chicago and
Detroit suggest that not one out of 50 gun seizures results in a felony
conviction.
You were savaged in the primary for your historical
support for mandatory minimums and your loose and admittedly stupid talk about
“super predators,” and so the next step — pressing for more numerous and
vigorous prosecutions of violent crimes short of murder — may not appeal to
you. But it must be done. In New York City, which you once pretended to
represent as senator, the vast majority of murders — more than 90 percent by
the New York Times’s count — are
committed by people with prior criminal histories. Kathryn Steinle, the young
murder victim upon whose corpse Donald Trump launched his presidential
campaign, was murdered by an illegal immigrant with seven felony convictions.
There is no excuse for such a man to be anywhere other than a prison cell. But
what this all implies is not only the need for a more serious approach to
violent crime short of murder but also wide and deep reform to our probation
and parole systems. Mental-health reform also will need to be a part of the
program — another topic upon which you could, if you desired, offer policy
solutions that would be supported by many conservatives, from former Texas
governor Rick Perry to the editors
of National Review.
You know the problems you will face from my people. But
the real problem you face in pursuing what we might call “common-sense” reforms
come from your people. For your people, the question of the Second Amendment
and access to legal firearms is pure culture war. So-called assault rifles are
so seldom used in crimes that the federal government does not even bother keeping
track of the figures. (All long guns — which is to say, all rifles and shotguns
combined — account for the instrument of death in about 2 percent of our
homicides.) It is for this reason that Democrats’ gun-control offerings have
been targeted almost exclusively at law-abiding gun owners and federally
regulated and licensed firearms dealers, two groups of people who,
statistically speaking, commit essentially no crime at all. That they are
disproportionately white, male, and conservative-leaning makes them attractive
targets for the kulturkampf Left, and
that they have fixed business addresses, regular hours of operation, and
copious business records makes them attractive targets for law-enforcement
officials, who are no more inclined toward hard work than are the functionaries
of any other government agency. But leaning on them will serve only to inflame
partisan passions and genuine constitutional concerns. It will do nothing at
all to make our cities or schools safer.
That being the case, you should proceed with these
assumptions: The Second Amendment does indeed, as the Supreme Court has
decisively ruled, protect an individual right to keep and bear arms, including
all of the arms that it currently is legal for civilians to keep and bear; the
obsession with such armory exotica as fully automatic weapons (one legally
owned by a civilian has not been used in a murder in modern history) or
accessories such as sound suppressors and folding stocks does not actually
contribute to public safety; the approach to reform that relies on harassing
and restricting federally licensed dealers and their law-abiding customers
rather than prosecuting criminals is intended mainly to humiliate hated
cultural and political rivals in the service of culture war and will produce
nothing but conflict and litigation; the situations in cities such as Chicago
and Baltimore, and in cases such as that of Adam Lanza, represent institutional
failures, both of law-enforcement agencies and mental-health authorities, the
reform of which must be central to any serious effort at crime reduction.
We conservatives do not like you, Madam President, and we
are not going to learn to like you. But many of us would in fact prefer to work
with you on useful and productive measures than to be obliged to work against
you on stupid and destructive ones. There will be plenty of time for the
latter, I am sure, but if you are serious about the violence in our society,
there is an opportunity for you to do something good — and a smart president
would seize that opportunity.
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