Student Essay in the 1960s, Russian Interference in US Election 2016 — And "Misprision of Felony"

I learned the phrase "misprision of felony early in my teaching career when a student in Rhetoric 101 — think 1st semester College Composition — responded to a personal narrative assignment with the story of a young woman who'd joined heR friends in perjury and maybe insurance fraud in a context I've long-ago forgotten.

I sought advice from older colleagues and was told that since the event was in the past and directly harmed at most only a fictive individual — a corporation — and indirectly only their other customers for small sums, my duty to protect the confidentiality of student work outweighed my other social duties, and, if necessary, I should go to prison rather than betray the student/teacher relationship.

"Prison?" I asked.

I was told prosecution was highly unlikely, but it looked like a felony was committed, I had information about said felony, and, if I didn't report it, I might be guilty of "misprision of felony," at that place and time at least, itself a felony.

"Oh."

When the student came in for our "tutorial" conference, I started out with how we should talk a bit about her very nice development of the Persona of the essay, her "I", the protagonist-Narrator of the story who, in the story, committed perjury and what just might look like insurance fraud.

And after a moment for that to sink in, that is what we talked about.

Okay, so much for confession for me. (In my adult life I also advocated draft resistance and apparently violated Federal and possibly Provincial election law in Canada going with a group to have a great time in Toronto and informally advise on the Pierre Trudeau campaign. "But that was in another country, / And besides" — we yanks were with the George McGovern campaign and, as the US election worked out, maybe didn't have much advice to give.) But —

But what about the Family Trump and people representing Russia and the possibility that members of the 2016 Trump campaign new that a foreign entity or two were messing around in a US election. Is there "misprision of election-law violation"? Did they have a legal as well as a civic duty to report what could have been some sort of crime. Is even the non-action of silence a crime far more a crime here as it could have been for me as a writing teacher?

I did say I taught Rhetoric 101; so the question may be rhetorical.

"Our Democracy" and the Electoral College

Once again it looks like the popular vote for President of the United States is going to go to a Democrat (Hillary R. Clinton) and the vote in the Electoral College to the Republican (Donald J. Trump). Okay; possibly the worst results of these results will be environmental degradation and violent weather, but, fortunately, I'm old and will be dead before the worst hits or will get enough sympathy to be evacuated out when the Pacific overwhelms my neighborhood.

Two things here.

First, don't get your hopes up for reform of the Electoral College, not until a fire-breathing Republican wins the popular vote and loses in the Electoral College. Second, don't talk about "Our democracy" in the same paragraph in writing or within five minutes in talking about the Electoral College.

The US of A is not a democracy. We're a federal republic with occasional democratic aspirations and a history of increasing democracy — but we were designed as a "mixt constitution," with democracy only a part. Over simplifying a lot (and to hell with it; I'm a retired English teacher, not a historian), to oversimplify a lot, the grand design has the House of Representatives for representative democracy; the original Senate, with senators selected by state legislatures as federalist and aristocratic — way more aristocratic nowadays, as in rich, than even some of the planter elite could've dreamed — and the Presidency as mildly, constitutionally, monarchical. 

And the goddamn White trash rabble were to be kept away from selecting the president (to say nothing of those even lower than poor White men in the divinely-ordered Great Chain of Being and the really-convenient-for-the-well-born, food chain of politics). 

Against some pretty tough competition — I'm looking at you, original-version of the Senate — the Electoral College may be the most openly un- or even antidemocratic part of the Constitution. (The parts on slavery and women work more indirectly [the "s-words" slave or slavery don't appear in the original Constitution] or through silence.)

As it evolved, and since 1913 and the 17th Amendment and the popular election of senators, the Electoral College has been pretty much undemocratic in the same way the Senate is undemocratic and gerrymandering — not explicitly mandated by the Constitution but traditional — like gerrymandering is undemocratic. The rule can be "One person, one vote," but that doesn't means that everyone's vote counts the same.

E.g., my vote hasn't been as important as some except for the time I was in Ohio when it first became "a swing state" and we got what we'd grumbled we hadn't gotten: respect and the attention of candidates. Place here your favorite version of the advice to be careful what you wish for. 

I live in ungerrymandered California, and in an area where we have some hotly contested state and local races. Ventura County, though, went for Hillary Clinton 54.01% to Donald Trump's 38.25%, which came out to 143,095 votes to 101,351. We're both urban and rural in Ventura County, and I live in a port town of 22,399, but the county churned out 264,965 votes in the 2016 presidential election, against, say, the 255,791 votes I add up for the three electoral votes from the State of Wyoming. 

You see where this analysis is going, and I will "leave as an exercise for the student" to work out what part of 55 electoral votes for Hillary Clinton we got in California for the 5,481,885 people who voted for her, as opposed to the 3 electoral votes representing the 174,248 people in Wyoming who voted for Donald Trump. (Use a calculator and, if you know how to do it, scientific notation.) 

Nowadays, we have pledged electors who almost never vote other than they've been instructed to by the laws of their states, so the undemocratic part here is in the numbers and the feeling that having some votes are worth more than others — way more between Wyoming and California — is undemocratic. It doesn't prove the Electoral College system is a bad idea.

Arguably, the system ensures that Wyoming will get some attention, and candidates won't spend all their time in large centers of population. And anything that gets candidates out of the NYC-DC axis and into small towns and rural areas is good. Indeed, it would be a contribution by the Trump campaign to America if it demonstrated that the Electoral College can be gamed against the popular vote precisely by getting out into the rural counties and getting enough "more-equal-than-thou" votes to outweigh New York and California and Illinois.

Except there will still be too much concentration on the "swing areas" and gaming the system, and too little serious discussion spread over way, way too much time.

Arguments can be made for the Elector College, but in updated forms of defense of the College as it was intended to be: a check on democracy, at least "democracy" as defined as "one person, one (equal) vote." Just please spare us the Jeffersonian-Jacksonian B.S. of the purity of solid yeoman farmers and the wisdom of simple country folk. People are people. All of us act dumb some of the time, and some of us are just stupid most of the time. So it's arguable that democracy needs its limits, and liberal democracy demands limits to prevent "the tyranny of the majority." Those limits on democracy, though, are part of "Our republic"; don't get ingenious and insist on limits on democracy "central to our democracy." 

US Presidential Elections 2016 (and True Believers Forming Up to March)

      If I had to justify the oxygen and other resources I've used the last 73-and-a-bit years on Earth, I suspect my best argument would be that I worked as a teacher for forty years and pretty regularly during those forty years taught Eric Hoffer's 1951 book, The True Believer: Thoughts on the Nature of Mass Movements.

      Now, in one of the more twisted ironies of US politics, Hoffer in the 1960s went on to become, possibly, something of a True Believer on his own, and certainly the in-house intellectual and lapdog for Lyndon Johnson for Johnson's part of US warfare in Vietnam — which is unfortunate primarily because too many Americans turn against literary and artistic works when it turns out that their creators are or have become bad (or horrible) people.

      Hoffer died in 1983, so you can be sure he's not getting any royalties on The True Believer, and it's often available on line as pdf's where it's fairly safe that his estate isn't making money either. So if you haven't read the book and have the skills and time to read blogs, stop reading my stuff and order it now (or download it at no financial cost). The True Believer offers a history and analysis of fanaticism, including a kind of checklist for how in many places on Earth we've been setting up the conditions for the sort of mass-movement fanaticism that resulted in the horrors Europe saw in the 16th- and 17th-century Wars of Religion, including the disastrous Thirty Years War of the 17th century (1618-1648) and larger portions of the planet saw in the 20th century from the followers of Mussolini, Hitler, Stalin, and, a bit later, Mao.

      We have the potential for another round of violent conflicts among various Parties of God and/or truly exceptional nations, but this time in a world a-brimming with nukes.

      As of the end of February 2016, we have in the United States of America a candidate for President calling upon America to wake up and see how we've degenerated and follow him to a renewal of our greatness. For readers of my age and background, think of that as "Amerika Erwache!" Elect Donald John Trump as President and he will "MAKE AMERICA GREAT AGAIN".

      How? Wrong question. With the right leader, a leader who embodies the will of the nation, that leader will lead us to triumph over those keeping the nation down and lead us on to the greatness we had and will have again. Or lead some of us anyway: the true, natural-born Americans.

     We've seen this movie before in the Trump Leader-Principle version and in the religious versions of his main opponents. For a program of the show, so to speak, see Hoffer, The True Believer (1951), and don't say you weren't warned.