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Kevin Morris and Glenn Altschuler

Kevin Morris and Glenn Altschuler

Posted: September 8, 2008 07:32 PM

Lawyer Lawyer Hero Hunter


Barack Obama rode the End of Politigation to the Democratic nomination for President. Skillfully recognizing that Americans were tired of the Clinton-Bush Age of Politics-as-Knife-Fight, Government-as-Grievance-Procedure, Legislation-as-Legal-Maneuver, Obama prevailed over Hillary Clinton by extolling his personal style of conciliation. But a lawyer he remains. Yes, he was a community organizer, but he is no Saul Alinsky. Looking every inch the editor of the Harvard Law Review and University of Chicago law professor, Obama has only two modes of dress: with the tie and without the tie.

Since he locked up the nomination Obama has, perhaps unwittingly, cemented the "Lawyer" as the "brand" of the Democratic Party. He picked Joe Biden, another lawyer, as his running-mate. A six-term U.S. senator and Chairman of the Judiciary Committee, Biden is famous for attacking Clarence Thomas, plagiarizing Neil Kinnock, and pompous, prolix, public performances. And so, the Democratic ticket is Lawyer, Lawyer: Corporate Attorney (Obama) and Politigator (Biden).

Problem: Americans hate lawyers. A Harris Poll reveals that only 19% of the public views the law as a prestigious profession. A Florida survey shows that 44% of our fellow citizens have little or no respect for lawyers. And an American Bar Association study conducted by M/A/R/C Research indicates that only 14% of Americans are very confident or extremely confident in lawyers, while a whopping 42% are only slightly confident or not at all confident. To make matters worse, in the past year, five of the most prominent lawyers in the country, William Lerach, Melvyn Weiss, Terry Christensen, Richard Scruggs, and, of course, Client Number 9 (Eliot Spitzer) have been indicted or convicted.

In Denver, Obama, Obama, & Dean, more than a little tone deaf, apparently decided that the nation longed to hear from even more attorneys. Endorsing the Lawyer Lawyer Ticket, the prime time lineup featured Michelle Obama, Harvard Law; Mark Warner, Harvard Law; Al Gore, Vanderbilt Law (Gore did not get a degree, but he sure does play one on TV); Bill and Hillary Clinton, Yale Law. The Democrats would have yielded center stage to John Edwards, University of North Carolina Law, and perhaps even to Elizabeth Edwards, University of North Carolina Law, had Mr. Edwards not pled nolo contendre a few weeks before the party faithful descended.

By contrast, in St. Paul, the Republicans took a different tack and adopted a different tone. Following the un-lawyer tradition of Dwight Eisenhower and Ronald Reagan, two of the most popular presidents in American history, the Republicans nominated John McCain and Sarah Palin, a hero and a hunter. To most observers, including us, the choice of Palin seemed like a risky gambit.

But in the Age of Infotainment and Celebrity Culture, where issues are subordinate to images, it could turn the election of 2008 into a red, white, and blue battle of Icons. Two "personalities," the patriotic prisoner-of war and the earthy "frontier" governor are trying to appropriate "change" as their theme - and run against The Firm, headed by an empty suit and a bloviating senior partner.

The Hero and The Hunter present themselves as underdogs, flawed like me and you with pregnant kids, ugly divorces, and brothers-in-law from hell - but plain-spoken, decent, independent, and un-corruptible. The McCain Campaign's "Paris Hilton" ad baited Obama as a "celebrity" and snookered him into saying so-long to the arousing, audacity of hope oratory that had brought him to the dance. Instead, he stuck to the "issues" in his acceptance speech.

By contrast, John McCain's remarks were broader - and more thematic. To be sure, he recounted his POW experiences. But he then told the GOP Convention delegates that after he refused a deal to send him home, his captors "worked me over harder than they ever had before. For a long time. And they broke me. When they brought me back to my cell, I was hurt and ashamed, and I didn't know how I could face my fellow prisoners."

Having humbled himself, McCain brought the house down with three memorable lines: "I'm not running for president because I think I'm blessed with such personal greatness that history has anointed me to save our country in its hour of need. My country saved me. My country saved me, and I cannot forget it."

Sarah Palin played the victim card, even as she performed to perfection the role of pit bull. She made a meal out of media mendacity in mocking her resume as the mayor of Wassila and governor of Alaska. Folks in small towns, she claimed, with confidence, "are the ones who do some of the hardest work in America...who grow our food, run our factories, and fight our wars." Images of the Gateway to the West and a lonely American flag were burnished in the background. Palin may be Paleolithic; she may be headed for a fall. But one thing about her high-wire act: it isn't boring, and she may well make it to the other side.

McCain and Palin are now swinging around swing states having fun, kind of the way it's supposed to be done after a convention. Their (old and new) "personas" give them an opportunity, golden in an age in which Americans are fascinated - and repelled - by celebrity politicians, to exploit their own rock star status, convince voters they're just plain folks, and pin the Hollywood tail on the (Democratic) donkey. In the Warholian Era of Infotainment, Obama may be overexposed. And, of course, the Republicans are trying to instigate a McCain Mutiny among women and working-class voters after eight long months of Barack vs. Hillary.

Democrats, it appears, still have not learned the lessons taught by political psychologist Drew Westen. Elections, Westen reminds us, are won and lost in the marketplace of emotions. All of us - not just the less-knowledgeable - evaluate "ideas" in the context of the feelings they elicit. These feelings prevail when they clash with attitudes toward specific policies. Successful candidates "manage" (okay, they manipulate) positive and negative emotions with master narratives about themselves and their opponents.

At the moment, as nuts as it sounds, McCain is Bono and Obama is, well, pro bono. The Republicans have sent The Hero and The Hunter into battle, and the Democrats want you to believe that change will come from a mediator and a politigator. If they want to win in 2008, the Democrats have to get out of the courtroom. This time, for a change, they must act on the knowledge that even if all the issues poll in their favor, they may not prevail. In 2008, more than ever before, the candidate voters perceive as the most "authentic" will win.

Presidential elections in the United States are basketball games, not soccer matches. So, even if the Republicans have scored a goal, there's still time for a Democratic master narrative. One that connects the principles, values, and policies of the candidate to his personality, passion and character. One that makes Americans forget that the choice is Lawyer and Lawyer or Hero and Hunter.

Barack Obama rode the End of Politigation to the Democratic nomination for President. Skillfully recognizing that Americans were tired of the Clinton-Bush Age of Politics-as-Knife-Fight, Government-a...
Barack Obama rode the End of Politigation to the Democratic nomination for President. Skillfully recognizing that Americans were tired of the Clinton-Bush Age of Politics-as-Knife-Fight, Government-a...
 
 
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HUFFPOST SUPER USER
Heru1
speaking Truth to power
09:55 PM on 09/09/2008
Obama is Neo. Biden is Morpheus. Obama = Change; McCain = Same
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08:29 PM on 09/09/2008
America hates lawyers? You could fool me. America LOVES lawyers!

The civil trial is one of the dominant metaphors in US culture; the lawyer show has been a staple of pop culture in the US from Perry Mason to night court to LA Law on down. The reality TV genre has it's antecedents in televised court cases (OJ) and televised 'real' court cases (Judge Judy, etc).
03:21 PM on 09/09/2008
Well said. You might add "Insider" vs. "Maverick" or "Coast elite v. Middle America." Obama should have chosen Hillary, but if he didn't do that, he should have chosen someone like Rendell. It doesn't help that his supporters often try to defend him by saying that he went to Harvard. Middle-america is, unfortunately, anti-intellectual and anti-elite, and they love being against Harvard-insiders. (I hate this strain of populism that is central to the recent conservative movement.)
02:02 PM on 09/09/2008
Sounds like two prognosticators whistling in the dark. Or trying to impose their own negative memes in the Republican propaganda campaign.
HUFFPOST SUPER USER
Peddler
Peddler of Information
11:17 AM on 09/09/2008
I would vote for a lawyer for President anyday, then to continue to remain "stuck on stupid" for another 4 years.
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
10:42 AM on 09/09/2008
I've heard stories about how Fidel Castro is rather charming and a good dinner host, how he'll wine and dine you and offer you the good cigars and talk baseball and politics all night long...yet Cuba's still a Third World nation.

I'm not in my early 20s anymore, either chronologically or psychologically. Coolness is no longer a substitute for competence in my book. How does spending your weekends strafing wolves from a Cessna give you the ability to get gasoline back down to an affordable price? What's the skill set overlap between spending six years in a POW camp and reinvigorating the economy? Bragging about graduating from college in the bottom 1% of your class or flying three time zones away to give birth rather than the first closest hospital suggests poor judgment rather than the folksy provincialism marketed as "small-town values." I'm not voting for Drinking Buddy, I'm voting for Person Who'll Restore The Bright Shiny Future I Had Under Bill Clinton.
10:11 AM on 09/09/2008
Senator Obama's knowledge and understanding of The Constitution Of The United States Of America,
give me great confidence in his ability to Preside over the affairs of Our Great Nation.
A Nation whose unlimited potential is guaranteed and sponsored by the seminal ideas set forth in this declaration of ideals,
this Constitution of the United States of America.
The President's Only Job is to Preserve, Protect and Defend the Constitution of the United States, because it is the Roadmap, the Manual, The Law Of the Law of our Land.
Knowledge and understanding of the constitution is the only issue because the constitution lays everything else out on the table for you. That's why it's there.
So many of our fellow citizens waste their rights, and by extension all of our rights, by electing officials whose decisions reflect a fundamental misunderstanding of the duties of their offices.
Senator Obama's time spent reflecting on the constitution is invaluable to the office of the President.
Let Captain McCain and his like earn their honor in their way;
by protecting the Country's people and property.
But let devoted students and professors of the Constitution defend the Countries ideals.
11:38 AM on 09/09/2008
I would believe a lot more in Obama's understanding of The Constitution if it didn't take a national election and the votes of gun owners to convince him the 2nd Amendment is an individual right.
12:07 PM on 09/09/2008
Do you mean this amendment?
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
I don't remember Senator Obama being against a well regulated militia.
Perhaps you object to the "well regulated" clause, but it's still in there.
Sorry.
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10:00 AM on 09/09/2008
yeah, sorry.... i have a bad image of lawyers, too.

but i would mention that obama is a lawyer in constitutional law, and biden still teaches a class in the same. compare that to how horribly the current administration has blatantly disregarded the constitution.

make that an issue, and how both republican candidates would continue with many of those policies
09:46 AM on 09/09/2008
"And so, the Democratic ticket is Lawyer, Lawyer: Corporate Attorney (Obama) and Politigator (Biden)."
Wow, actual criticism of the Democratic nominees on HuffPost? Be still my heart. And even more amazing, no instant knee jerk righteous condemnation by 500 Obama trolls. Will wonders never cease?

Apios- Come on now, really. Defending the poor misunderstood lawyers?
11:39 AM on 09/09/2008
Obama's a corporate attorney?
11:46 AM on 09/09/2008
Obama's a corporate lawyer?
When did that happen?
Oh, right.... It didn't.
09:16 AM on 09/09/2008
On the money Gentlemen! Of course I "knew" at least one of you were a lawyer before looking at your bio.

Great politicians and actors alike are masters of emotional manipulation. At their best, they evoke just the right combination of adrenalin and endorphins that makes us feel primed, pumped and self-satisfied.

People have such general disdain for lawyers because in large part they find them phony--they'll take any position for the right price. Character? What character?

Senator Obama's "lawyerly" campaing fails to, "Connect the principles, values, and policies of the candidate to his personality, passion and character." With so many people viewing lawyers as lacking character, such is the worst possible persona to project to people you want to vote for you.

Senator Obama is masterful when it comes to evoking adrenalin, but he can't get the right balance of endorphines as long as he acts like a lawyer--you know--those snakes in the grass that pop up in unexpected places.
09:13 AM on 09/09/2008
I wholeheartedly agree that Americans viscerally dislike lawyers and the parsing of issues that they do. As a Republican I am very glad that the Democratic party is the party bought and paid for by the legal establishment, especially the aforementioned plaintiff attorneys who are now deservedly in prison. Read the Victor Davis Hanson piece on the Democratic party and its predilection for nominating lawyers for the White House. The Democrats topped themselves this year. When everything is going their way, they nominate not only another lawyer, but a "community organizer" to boot.
11:53 AM on 09/09/2008
You didn't have to identify yourself as a Republican. Only a Republican could express contempt for community organizers. Go enjoy staring at pictures of your boyfriend John and your girlfriend Sarah.
12:11 PM on 09/09/2008
Please explain why community organizers are bad again. I forgot.
Thanks in advance for your swift reply.
08:54 AM on 09/09/2008
Change, Change, Change.....meet the new boss, same as the old boss. So Mr. Change Obama picked a lawyer with over thirty years in Washington and two sons, one a lobbyist and the other an ex lobbyist now a hedge fund manager. Hedge fund manager not because he is educated but because he has ties to the powerful and wealthy through good old lawyer daddy Joe Biden. Now that's change you can believe in!

Of course this doesn't bother the progressives cause they don't mind dishonesty in their own ranks but only in the other sides family. Yeah, thats change we can believe in!
11:41 AM on 09/09/2008
Isn't that Hedge Fund manager being sued for fraud? I read something about Biden's son and brother being sued by investors for fraud regarding a hedge fund. I'll see if I can find that link.
One more question. I believe that BIden's son is suppose to replace him in the Senate if Obama/Biden wins in November. Is that true and do we need yet another crooked Dem in power?
08:04 AM on 09/09/2008
This article belongs on a right wing blog that believes in making connections that don't exist in an effort to divert the voters attention. Yes, Obama and Biden are lawyers. And so was Thomas Jefferson, James Madison, Franklin Delano Roosevelt, Abraham Lincoln and Bill Clinton to name a few. All told 26 of our 42 Presidents were lawyers (more than half). Seems lawyers make pretty damn good Presidents. And why is that? They're smart and have mastered the find art of negotiation to get things done. On the other hand none were P.O.W.s or soccer moms. Seems neither of those professions prepares you to run the most powerful country in the world.
07:09 AM on 09/09/2008
So rather than a Harvard lawyer schooled in Constitutional law, we should choose an Idaho State journalism major whose first words to the American people were lies. And whose second words were lies and her third.

And, while I am a Navy Viet Nam veteran, I am sick of McCain's noun, verb and POW. All he did in Hanoi was survive. While this was a greater accomplishment than anything Guiliani or Palin has ever achieved, 600 other men there did the same thing. This is not a qualification for President. He has already been thanked effusively for his service. He was promoted in the Navy beyond his capabilty. The nation cannot afford to promote him again.
11:53 AM on 09/09/2008
Yes. The office of the presidency is not a reward for service.
04:57 AM on 09/09/2008
The latest Fox News/Rasmussen Reports telephone survey in Ohio, finds John McCain out in front of Barack Obama 51% to 44%

Obama blew it by not picking Hillary!!!
11:52 AM on 09/09/2008
You blew it by believing a poll.