Stephen J. Lyons

A supreme folly

In 2008, on one of those magical summer evenings in New York City, when the streets buzzed with the hive of humanity in all of its colorful permutations, I attended the play Thurgood at Broadway’s Booth Theater.

This article originally appeared on the Globe Post.

The one-man performance featured Lawrence Fishburne as Thurgood Marshall, an esteemed civil rights lawyer, and later the first African American Supreme Court Justice, who served from 1967 until his retirement in 1991.

The play began with Fishburne portraying an elderly Marshall and then, over the incredible 90-minute performance, Fishburne deftly time travels his character backward to his earliest days that include his fabled stint as an anti-segregation lawyer for the National Association for the Advancement of Colored People (NAACP).

It was in that role that Marshall was the lead counsel for the NAACP in the historic Brown v. Board of Education of Topeka case, litigated successfully before the Supreme Court in 1952 and later settled in 1954.

The case wiped out the previous ruling of the Supreme Court’s Plessy v. Ferguson decision in 1896, also known as “separate but equal” segregationist policies that were anything but equal in quality for African Americans. This included water fountains, restrooms, restaurants, and schools, among so many other American facets of life that Whites took for granted, but were denied to African Americans.

Thanks to the 9-0 decision in the Brown v. Board of Education of Topeka, in which the Court ruled that it was unconstitutional for that, or any other, city to deny enrollment for black families that wished to attend the schools of their choice and not segregated facilities. The Court declared that “separate educational facilities are inherently unequal.”

That did not settle the matter then, of course, but the decision that Marshall litigated on behalf of the NAACP could be viewed as the beginning of the civil rights movement in America.

Jump ahead to 1991, when Marshall’s replacement Clarence Thomas was nominated despite disturbing claims of sexual harassment by the courageous law professor Anita Hill. The all-white, male Senate Judiciary Committee, headed by then-Senator Joe Biden, treated the former colleague of Thomas in an adversarial and disrespectful manner.

Thomas took a page from what could be labeled today as the Brett Kavanaugh playbook, using anger to dismiss Hill’s accusations and calling the entire hearing a “high-tech lynching… You will be lynched, destroyed, caricatured by a committee of the US Senate rather than hung from a tree.”

His strategy, coupled with Biden’s tone-deaf chairmanship, worked and Thomas was narrowly confirmed by the Senate. (Biden, 28 years later (or too late), and shortly after announcing his 2020 presidential candidacy later apologized to Hill, who refused to accept Biden’s obvious politically orchestrated mea culpa.)

The confirmation of Thomas to a lifetime seat on the US Supreme Court was a mistake then and an even bigger misstep today. The rancid cloud of recent scandals surrounding Thomas and his wife Ginni would land the rest of us before a judge with the first whiff of financial shenanigans. But, unlike the nine justices, who apparently have zero oversight, we have to obey the laws.

We could not, for example, claim hundreds of thousands of rental income on our tax forms from a company that has not existed since 2006, as the Washington Post recently reported.

And, if we were somehow in charge of adjudicating cases such as Roe v. Wade without bias, would we not want to distance ourselves from taking freebee, luxury vacations on yachts and private jets, from billionaire, Nazi memorabilia-collecting, Republican megadonor such as Harlan Crow?

ProPublica, who broke the Thomas’ scandal story, wrote that the lavish gifts to the justice and his wife “have no known precedent in the modern history of the US Supreme Court.” And, it added, “These trips appeared nowhere on Thomas’ financial disclosures.”

Crow, as Politico reported, once donated $500,000 to a Tea Party outfit that Ginni Thomas founded. Perhaps some of that half million went to her annual $120,000 salary the Tea Party group paid her.

Wait, there’s more. Three houses owned by Thomas’ family members in Georgia were purchased by Crow, who has since sold two of the homes. Thomas failed to disclose the sales as required by law.

Sen. Sheldon Whitehouse of Rhode Island and Rep. Hank Johnson of Georgia are now urging Chief Justice John Roberts to investigate Thomas’ financial “lapses.”

The two members of Congress said, “There is at least reasonable cause to believe that Justice Thomas intentionally disregarded the disclosure requirement to report the sale of his interest in the Savannah properties in an attempt to hide the extent of his financial relationship with Crow.”

Will this happen, and will Thomas be required to return his “hospitality” gifts? Doubtful.

Thomas and his fellow Supremes are not elected. Unfortunately, neither are they term-limited. And, unlike his heroic predecessor Thurgood Marshall, Thomas only further erodes our trust in those whose legal decisions, too often influenced by the rich, affect those of us who cling to the belief in fairness and the rule of law.

Through his grifting actions, and his assumed immunity to the norms by which we ordinary Americans must adhere to, Thomas is showing us that we are indeed separate and unequal.

Maggie Haberman: What does she know and when will she tell us?

Every month I receive “Journalists in Trouble,” a dispatch from Radio Free Europe/Radio Liberty (RFE/RL), an organization based in Prague that “promote[s] democratic values by providing accurate, uncensored news and open debate in countries where a free press is threatened and disinformation is pervasive.”

The monthly missive lists RFE/RL journalists that have been detained, imprisoned or made the ultimate sacrifice while reporting in repressive regimes where freedom of press is mostly nonexistent.

September’s edition includes the story of Ihar Losik, who is serving 15-years in Belarus in “a hard labor colony” on government-fabricated charges of “organization and preparation of actions that grossly violate public order” and “preparation for participation in riots.”

Andrey Kuznechyk is in the same labor colony in Belarus. This June, “Kuznechyk was sentenced to six years in a maximum-security prison on charges of ‘creating or participating in an extremist organization.’”

These courageous journalists risk their careers, their economic futures and their very lives to expose government corruption and other hard truths the world needs to hear. Contrast their valor with some U.S. journalists who, even with the protection of our First Amendment, would rather withhold valuable reporting for a later date, a date that often corresponds to the day their new book is released and they cash their mammoth publisher’s advance.

Exhibit A: The New York Times star reporter, and CNN political analyst, Maggie Haberman, queen of the Donald Trump exclusives, and author of “Confidence Man,” the soon-to-be bestseller on, you guessed it, The New York Times Bestseller list.

Excerpts of Haberman’s 608-page tome, have already been “leaked” to the Washington Post and just about everywhere. The quoted passages regarding Trump are startling and incriminating. But Haberman, the daughter of former NYT journalist Clyde Haberman and PR maven Nancy Haberman, withheld some of the most damning parts from the public.

For the record, Nancy Haberman is an executive vice president for the public relations firm Rubenstein Associates, a powerful public relations firm that has represented the twice-impeached, disgraced former president Trump and his son-in-law Jared Kushner. According to a 2017 article in Elle, “Nancy worked on projects for Trump's business but says she never met him.”

As far back as a year ago Maggie knew that Trump had taken documents from the White House to his lair in Mar-a-Lago. But she never reported it, instead hoarding that tasty morsel—and others—to enhance her book’s salability. So much for heeding the reporter’s credo of “afflicting the comfortable, comforting the afflicted.”

Haberman’s coziness to Trump is problematic and is contrary to standards that any first-year journalism student is taught in Reporting 101. That is, you do not befriend a source. A Google search of “photo of Haberman and Trump” shows the pair grinning like Cheshire cats in the Oval Office, the president’s arm around her shoulder in a tight embrace. The picture is indicative of the incestuous Washington D.C. relationship between politicians and reporters. No wonder the public holds the media and politicians with equal distain.

So why did the NYT not pull Haberman off the Trump beat?

In a post on SubStack, titled “Media Corruption at the ‘Paper of Record,’” Steve Schmidt writes, “Any news organization with a functioning ethical compass would have understood that Maggie Haberman had a conflict with regard to covering Trump because of her family’s long-standing financial connections and relationship to the Kushner family. The New York Times didn’t see it that way. They saw opportunity. They saw a chance to take the inside lane, and make an access play.”

In Maggie Hagerman’s case the NYT has to be aware of how her connection with Trump has benefits her reporting. But the too-big-to-fail Gray Lady with its phalanx of attorneys, PR flacks and deep pockets deflects criticism easily. Instead, its higher-ups and her colleagues continue to cheer her exclusives because, well, as Springsteen sings, “we take care of our own.”

Hagerman’s book will fly off the shelves, movie rights will be auctioned off for six or seven figures and her relationship with the disgraced businessman will continue even with Trump recently calling her a “creep.” After all, what’s an occasional spat between old friends?

Stephen J. Lyons is the author of five books of essays and journalism. His forthcoming book, “Searching for A Way Home: Misadventures with Misanthropes and Family,” will be published next summer.

Kia 'saves' sea turtles in blatant — and lame — greenwashing commercial

Did you know that if you drive a SUV really fast across a beach that you, too, can save nesting sea turtles? That is, as long as the SUV is a 2023 Kia Sportage X-Pro SUV driven by a long-haired, handsome, dark, caring environmentalist.

Quite a 40-second commercial Kia has put together.

Everything in “Beachcomber” is pitch perfect, from the cloying piano soundtrack and the clever driver sweeping the sands free of trash, to the money shot of turtles—adult and their irresistible babies—returning from the ocean to lay their precious eggs.

Let’s set the scene in this classic example of green-washing. The commercial opens on the beach with our hero—for giggles, let’s call him Jake—hard at work assembling a rake-like contraption. The sun is setting and light is golden and lazy, yet Jake is in a hurry. Why? We don’t know yet.

Jake then gets behind the wheel of his shiny new Kia and pounds the pedal to the metal. Our man does donuts in the sand as his clever invention scoops up all the trash on the shore. This begs the question: Why does he need to drive so recklessly? Good question. Perhaps to show how responsive his SUV is in off-road conditions? And what kind of an environmentalist tears up a pristine beach?

As someone who has spent way too much time slouched on the couch in front of a television set watching shows I can no longer remember, let me interject some general observations regarding automobile commercials. SUVs are always driven at breakneck speeds through snow, fragile streambeds and mountain roads with sheer drop-offs and blind corners. Absolutely no one I know does this. Nor should you.

And have you noticed that every single road—in the country or in the city—that these vehicles travel on are empty? Just how does that work in say, rush hour in Chicago or Los Angeles?

Enough overthinking. Back to Jake and his trusty rake. Look at what our man has accomplished. Because he cares more than us deadbeats he has swept up all of the garbage! We witness his commitment to putting an end to pollution as he neatly places the detritus in a plastic (!) bag for dutiful delivery to his local recycling center, where it will probably end up in a landfill somewhere. But let’s not think of that. Instead, let us arrive at the realization with stunning clarity that all of this could only have been accomplished through the selfless endeavors of a committed out-of-control NASCAR-wannabe behind the wheel of 2023 Kia Sportage X-Pro SUV. God bless him.

Wait, there’s more! Suddenly it becomes clear why Jake when through all this trouble, perhaps sacrificing his plant-based supper and interrupting his hot yoga class, to do the work that we should be doing…instead of sitting on our double-wides watching this ad.

Cue the sea turtles. As the sun sets in brilliant rays of red and orange over the ocean the terrapins make their way from the water to lay their eggs on, well, the very beach that Jake just combed. What timing, eh? Call it a shell game. Just think: if our man had roared across this habitat just a few minutes later he would have flattened the creatures like so many soda cans on the freeway and his courageous act would have gone for naught.

Regarding automobile commercials: please stop thinking logically. Check your brain at the door and simply bask in the warm emotional glow of ethereal music and soft-lit images. Don’t be a cynical jerk who cannot appreciate SUVs as the antidotes to climate change. I mean, what is wrong with you?

As the turtles slowly plod their way to safe harbor we have the shot of our dreamy pal Jake smiling with the self-satisfaction of a man who knows he has done good for the planet. Look at me he is saying. Am I not pretty special? He sits in a meditative pose watching this miracle of nature unfold spotlighted by the intense LED lighting of his 2023 Kia Sportage X-Pro SUV. Can turtles blink?

As the shot pans out over the horizon the slogan “Multi-terrain AWD mode” appears. Get it? Turtles can overcome any terrain because they have all wheel drive. Or something.

Then comes the kicker, the dramatic moment that will compel all of us (those of us who care about the environment, that is) off our Lazy Boys and run to our nearest KIA dealership. Dozens of baby turtles, miraculously on the same day, are now waddling to the ocean to begin their long and perilous life’s journey. As Kia itself says this is a “movement that inspires.”

I don’t know about you, but I feel better already.

Stephen J. Lyons is the author of five books of essays and journalism. His most recent book is "West of East."

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