In Zimbabwe, Robert Mugabe’s Star Had Already Faded: ‘We Have Moved On Without Him’ – The Zimbabwean

As he pushed into his 90s — growing visibly frailer by the week, stumbling ever more frequently at public events, his once eloquent speech becoming sluggish — people wondered, with a mixture of dread and hope, when “the old man” would be gone.

But on a warm summer morning in Harare on Friday, as Zimbabweans woke up to the news that their former leader had died at a hospital in Singapore, the reaction was muted. Many in the center of the capital saw his death through the prism of their difficult daily lives — not through the lens of history that Mr. Mugabe’s fellow African leaders emphasized.

“I’m sad that Mugabe has died with the economy,” said Agnes Humure, 37, a shopkeeper rushing to work in Harare’s central business district. “I personally don’t know who is going to wake it up.”

[Our obituary of Robert Mugabe, who as leader of independent Zimbabwe traded the mantle of liberator for the armor of a tyrant.]

CreditZinyange Auntony for The New York Times

The reaction was subdued in part because the once supremely powerful Mr. Mugabe had become increasingly irrelevant in the two years since he was expelled from power. Outmaneuvered by his successor and onetime right-hand man, Emmerson Mnangagwa, and growing rapidly weaker, Mr. Mugabe had been reduced to a ghostly presence in the country that his personality had dominated for nearly four decades.

“Mugabe’s death has come at a time when we have moved on without him,” said Richmond Dhamara, a 42-year-old street fruit vendor. “I don’t think he will be missed that much, because he is the same guy with the people who succeeded him — cruel.”

Mr. Mugabe’s reputation was sturdier elsewhere in Africa. Even after the worst excesses of his long rule, Mr. Mugabe drew standing ovations at African gatherings, where fellow leaders praised him as the last of the great liberation leaders.

“Words cannot convey the magnitude of the loss as former President Mugabe was an elder statesman, a freedom fighter and a Pan-Africanist who played a major role in shaping the interests of the African continent,” President Uhuru Kenyatta of Kenya said on Friday.

In central Harare, where the presidency and other branches of government are housed, Friday felt like a regular morning. People scrambled to work in dilapidated taxi minivans from the suburbs. Street hawkers were setting up their wares on sidewalks as part of the thriving informal economy that has replaced the collapsing formal sector.

No soldiers could be seen in the area, only the usual police officers — a clear sign that the Zimbabwean government did not regard Mr. Mugabe’s death as a political or security risk.

CreditBen Curtis/Associated Press

For most Zimbabweans, their emotions had reached a peak with Mr. Mugabe’s political death nearly two years ago. Countless people celebrated in Harare and across the country at the time, in a short-lived euphoria that faded with the ever worsening economy and disappointment over Mr. Mnangagwa’s tightfisted rule.

In many ways, Mr. Mugabe’s actual death was anticlimactic.

“I wish Mugabe should just have died in power, because things as they are now are much worse than before he was removed,” Jeremiah Gumbi, a 26-year-old money changer, said at his usual workplace in central Harare.

Even a supporter of ZANU-PF, Mr. Mugabe’s political party, on his way to party headquarters — where the national flag was flying at half-staff — was far from effusive in his comments.

“Old Bob is our hero,” said the party supporter, Tinago Mhanga, 38. “Although he messed up the economy, he is the father of the nation, even in death.”

Mr. Mugabe had spent the last two years mostly in quiet isolation after being deposed in a coup in November 2017. For a time, he was effectively put under house arrest with his family in his mansion in a leafy Harare neighborhood. He was regularly allowed to fly to Singapore, where he had sought medical treatment for years.

But an uneasy and unspoken tension persisted between Mr. Mugabe and Mr. Mnangagwa, the eternal right-hand man who had ultimately turned on his patron. For Mr. Mnangagwa, dealing with his predecessor was a delicate issue because of their long ties and shared political party. Mr. Mnangagwa generally treated the elder politician generously, hoping that Mr. Mugabe would support him, or at least stay quiet.

CreditZinyange Auntony/Agence France-Presse — Getty Images

Mr. Mugabe — as wily in retirement as he had been during his nearly four decades in power — remained strategically quiet. But whenever he felt that Mr. Mnangagwa was not treating him with the respect that he was due, Mr. Mugabe made it known.

At least once, his allies summoned foreign journalists based in nearby Johannesburg for a meeting inside his Harare home. His wife, Grace, helped the journalists slip into the house, past soldiers under orders to prevent Mr. Mugabe from talking to the news media.

Most significantly, during elections in July last year, Mr. Mugabe publicly expressed his admiration for the opposition candidate, Nelson Chamisa, the leader of ZANU-PF’s fiercest and historic rival, the Movement for Democratic Change.

But despite the hopes and prodding of his wife, Grace, and other allies now fallen out of favor, including the former information minister, Jonathan Moyo, Mr. Mugabe had become a political nonentity.

Little was heard from him in the past year as he grew more frail. Instead, his sons — famous partygoers whose public misbehavior forced their parents to move them from Dubai to Johannesburg in recent years — continued to make headlines.

What will become of Mr. Mugabe’s widow is unclear. Mr. Mugabe’s second wife, she is reviled inside Zimbabwe and, more important, inside the ruling party. Many of Mr. Mugabe’s longtime allies blamed her for her husband’s political excesses in recent years and for associating a once famously parsimonious man with the kind of luxury shopping and traveling that she enjoys.

In the year or so before her husband fell from power, Ms. Mugabe had sought to position herself as his successor and sideline Mr. Mnangagwa. That ultimately inspired the coup. Now, with her husband gone, Ms. Mugabe has little or no protection left in Zimbabwe.

Mugabe dies; liberated Zimbabwe, then held it for 37 years – The Zimbabwean

FILE — In this Friday, Nov. 17, 2017 file photo, Zimbabwe’s President Robert Mugabe officiates at a student graduation ceremony at Zimbabwe Open University on the outskirts of Harare, Zimbabwe. On Friday, Sept. 6, 2019, Zimbabwe President Emmerson Mnangagwa said his predecessor Robert Mugabe, age 95, has died. (AP Photo/Ben Curtis, File)

HARARE, Zimbabwe (AP) — Former Zimbabwean leader Robert Mugabe, an ex-guerrilla chief who took power when the African country shook off white minority rule and presided for decades while economic turmoil and human rights violations eroded its early promise, has died in Singapore. He was 95.

Mugabe enjoyed strong support from Zimbabwe’s people soon after he became the first post-colonial leader of what had been British-controlled Rhodesia.

Often violent farm seizures from whites who owned huge tracts of land made him a hated figure in the West and a hero in Africa.

His successor, President Emmerson Mnangagwa, tweeted word Friday that an “icon of liberation” had died. Mnangagwa, a long-time loyalist until Mugabe dismissed him from his Cabinet, named Mugabe as a national hero, Zimbabwe’s highest posthumous honor.

Leaders of the Black National Front Joshua Nkomo, left, and Robert Mugabe make a no-progress statement after their informal meeting with British chairman Ivor Richard at the Palais of Nations, Geneva, Switzerland, on Nov. 10, 1979. (AP Photo/Dieter Endlicher, file)

He said the nation would observe an official mourning period for its late leader, “a great teacher and mentor” and a “remarkable statesman of our century.” No date or other details were given.

Singapore’s Foreign Ministry said it was working with Zimbabwe on arrangements to fly Mugabe’s body home. In recent years, Mugabe sought medical treatment at Gleneagles Hospital in Singapore.

Presidential spokesman George Charamba told The Associated Press that Mugabe was readmitted to the hospital complaining of chest pains. His personal doctor, Dr. Jonathan Matenga, was flown to Singapore and with Mugabe when he died at 4:45 a.m. Friday, Charamba said.

Mugabe’s popularity began to rise again after Mnangagwa failed to deliver on promises of economic recovery and appeared to take an even harsher and more repressive stance against critics. Many began to publicly say they missed Mugabe.

Forced to resign amid pressure from the military, his party and the public in November 2017,

Mugabe was defiant throughout his long life, railing against the West for what he called its neo-colonialist attitude and urging Africans to take control of their resources — a populist message that was often a hit, even as many nations on the continent shed the strongman model and moved toward democracy.

A target of international sanctions over the years, Mugabe nevertheless enjoyed acceptance among peers in Africa who chose not to judge him in the same way as Britain, the United States and other Western detractors.

“They are the ones who say they gave Christianity to Africa,” Mugabe said of the West during a visit to South Africa in 2016. “We say: ‘We came, we saw and we were conquered.’”

Even as old age took its toll and opposition to his rule increased, he refused to step down until the pressure became unbearable in 2017 as his former allies in the ruling party accused him of grooming his wife, Grace, to take over — ahead of long-serving loyalists such as Mnangagwa, who was fired in November 2017 before returning to take over with the help of the military.

Spry in his impeccably tailored suits, Mugabe maintained a schedule of events and international travel during his rule that defied his advancing age, though signs of weariness mounted. He walked with a limp, fell after stepping off a plane in Zimbabwe, read the wrong speech at the opening of parliament, and appeared to be dozing during a news conference in Japan. However, his longevity and frequently dashed rumors of ill health delighted supporters and infuriated opponents who had sardonically predicted he would live forever.

Secretary of State George Shultz, left, and Zimbabwe Prime Minister Robert G. Mugabe walk to a car after Mugabe was greeted by Shultz on his arrival to Washington for talks on Sept. 12, 1983. (AP Photo/Bob Daugherty, file)

“Do you want me to punch you to the floor to realize I am still there?” Mugabe told an interviewer from state television who asked him in early 2016 about retirement plans.

After the fighting between black guerrillas and the white rulers of Rhodesia, as Zimbabwe was then known, ended, Mugabe reached out to whites. The self-declared Marxist stressed the need for education and built new schools. Tourism and mining flourished, and Zimbabwe was a regional breadbasket.

However, a brutal military campaign waged against an uprising in western Matabeleland province that ended in 1987 augured a bitter turn in Zimbabwe’s fortunes. As the years went by, Mugabe was widely accused of hanging onto power through violence and vote fraud, notably in a 2008 election that led to a troubled coalition government after regional mediators intervened.

“I have many degrees in violence,” Mugabe once boasted on a campaign trail, raising his fist. “You see this fist, it can smash your face.”

Mugabe was re-elected in 2013 in another ballot marred by alleged irregularities, though he dismissed his critics as sore losers.

Amid the political turmoil, the economy of Zimbabwe, traditionally rich in agriculture and minerals, deteriorated. Factories were closing, unemployment was rising and the country abandoned its currency for the U.S. dollar in 2009 because of hyperinflation.

Zimbabwean President Robert Mugabe addresses people at an event before the closure of his party’s 16th Annual Peoples Conference in Masvingo, south of the capital Harare, Zimbabwe, on Dec. 17, 2016. (AP Photo/Tsvangirayi Mukwazhi, File)

The economic problems are often traced to the violent seizures of thousands of white-owned farms that began around 2000. Land reform was supposed to take much of the country’s most fertile land — owned by about 4,500 white descendants of mainly British and South African colonial-era settlers — and redistribute it to poor blacks. Instead, Mugabe gave prime farms to ruling party leaders, party loyalists, security chiefs, relatives and cronies.

Zimbabwe’s main opposition leader, Nelson Chamisa, said he was “mourning with the rest of Africa” over the death of Mugabe in the African tradition of Ubuntu, or humanity toward others, calling him one of Zimbabwe’s founding fathers and a freedom fighter.

However, Chamisa, who leads the Movement for Democratic Change, also acknowledged the pain over “decades of political disputes” surrounding his governance.

“Memories really go to the deficits of governance, goes to the issue of human rights situation in the country, goes to the collapse of systems,” he said.

He also said Mugabe’s death on foreign soil is a “sad indictment” of the country’s economic situation.

On the streets of Harare, the capital, people gathered in small groups Friday and discussed Mugabe.

“I will not shed a tear, not for that cruel man,” said Tariro Makena, a street vendor. “All these problems, he started them and people now want us to pretend it never happened.”

Others said they missed him.

“Things are worse now. Life was not that good but it was never this bad. These people who removed him from power have no clue whatsoever,” said Silas Marongo, holding an axe and joining men and women cutting a tree for firewood in suburban Harare. They needed the wood to beat severe electricity shortages that underline the worsening economic situation.

Children play next to a defaced portrait of former Zimbabwean President Robert Mugabe in Harare, Friday, Sept, 6 2019. (AP Photo/Tsvangirayi Mukwazhi)

Amnesty International said Mugabe left behind “an indelible stain on his country’s human rights record.” Mugabe’s early years as a leader saw “notable achievements” through his heavy investment in health care and education, the human rights group said, but he later eroded his own track record.

“While casting himself as the saviour of Zimbabwe, Robert Mugabe inflicted lasting damage upon its people and its reputation,” Muleya Mwananyanda, Amnesty International’s Deputy Regional Director for Southern Africa, said.

Mugabe was born on Feb. 21, 1924, in Zvimba, 60 kilometers (40 miles) west of the capital of Harare. As a child, he tended his grandfather’s cattle and goats, fished for bream in muddy water holes, played football and “boxed a lot,” as he recalled later.

Mugabe lacked the easy charisma of Nelson Mandela, the anti-apartheid leader and contemporary who became South Africa’s first black president in 1994 after reconciling with its former white rulers. But he drew admirers in some quarters for taking a hard line with the West, and he could be disarming despite his sometimes harsh demeanor.

“The gift of politicians is never to stop speaking until the people say, ‘Ah, we are tired,’” he said at a 2015 news conference. “You are now tired. I say thank you.”

If Death Expunges Bad Deeds, What Is Our Incentive To Reform? – The Zimbabwean

It’s one of life’s terrible tragedies that powerful men who were once admired but lose their way never seem able to learn not just from such fictional but true-to-life stories, but from the real lessons of history that things rarely end well for those who brutalize their own people and abuse power. Robert Mugabe is hardly the first erstwhile national hero turned despot who died a bitter, lonely and tormented old man.

Sadly he will not be the last.

I read the message announcing Mugabe’s demise attributed to President Emmerson Mnangagwa this morning and could not help but wonder what this moment says to him and those who run our country now. Does this represent the final triumph for the Lacoste faction and their military backers to put their own brutal and ruinous stamp on the history of our country free of Mugabe’s shadow, or is this a moment that will make them change their ways and do the right thing?

At such moments, many of our people will choose to be charitable because speaking truth about the dead is supposedly “disrespecting the dead.” We are in this terrible mess in our country partly because our “culture” makes it difficult to speak truth to power. Its supposedly “unAfrican” (kushaya Hunhu/Ubuntu) and uncultured to speak truth to or about one’s elders and those in authority whether they are dead or alive! It is one of the tragic reasons we are often unable to solve family, community and national problems.

I am always puzzled by some of the things we choose to define us as Africans, and specifically why in order to prove the moral superiority of our culture, death has to expunge anyone’s bad deeds.

If this is indeed our culture, it would have to apply to everybody. If death absolves all bad deeds, then what would our incentive to reform while we are still living be? Why would we even bother fighting against the evil living?

If they will simply find redemption in death, if once they die we will simply absolve them in the name of Ubuntu and “Tsika Dzedu,” then the wizards and witches in our villages, and those who deny us our freedom, abduct, beat and kill the innocent (and that includes the monsters currently murdering other Africans in xenophobic attacks in South Africa) might just as well continue doing what they do.

It’s tempting to attempt to redeem Robert Mugabe’s legacy in order to make Emmerson Mnangagwa look worse. No one’s death can retroactively change history. Both men and their company are responsible for the current state of our country. The only difference is that one still has the opportunity to go a different way. The other one doesn’t.

I believe in honest grieving that does not devalue the tremendous pain caused by those who were once admired. I mourn the legacy of shame they leave their families and the nation.

I mourn out of frustration that a life once full of great promise could end in such an inglorious way. I mourn that a freedom fighter would leave a legacy of such brutal repression and that his leadership legacy would be people like Energy Mutodi who believe that Ndebeles are South African foreigners.

I mourn that after four decades of championing the economic empowerment of Africans, he would leave behind a country whose economy is run by thugs and is in ruins, while over 72.5 percent of the population is trapped below the Poverty Datum Line.

I mourn that after the Manpower Planning Survey of the early 80s and investment in education which resulted in our country being one of the most literate on the African continent, he would leave behind hopeless generations of graduates and 90% unemployment.

I mourn that Zimbabweans and Africans desperate for a pan-African hero would be put in a situation of being needlessly conflicted about whether Robert Mugabe’s rightful place is in the pantheon of heroes, or a villain who must be consigned to an eternal hall of shame.

It is my prayer that we would all be able to draw the right lessons from the lives of the departed and choose the right way.

Is There Not a Cause?

Cartoon: Welcome Mr Mugabe
Obituary: Robert Gabriel Mugabe, 21 February 1924-6 September 2019

Post published in: Featured

Obituary: Robert Gabriel Mugabe, 21 February 1924-6 September 2019 – The Zimbabwean

Yes, we did love Robert Mugabe once – I perhaps more than others. We met in 1974 – I was 27, an idealistic young journalist, he, nearing 50, the iconic nationalist leader, embodiment of black hopes for justice and equality, just out of prison after 11 years’ incarceration without trial by Ian Smith‘s racial supremacists. He became my friend. I wrote his first biography – introducing him to the world through the syndication of the Argus Group.

But I find it hard to mourn him today. No tears have come. But I’m not celebrating either. My overall emotion is deep sadness – at what might have been, what should have been. Deep sorrow at the loss of it all, the waste of it all.

The horrors of Mugabe’s almost 40-year rule are well documented: bloodshed, injustice, the Gukurahundi massacres in Matabeleland, the brutal Murambatsvina bulldozing of the homes of the poor, stolen elections and ghastly election violence, violent land invasions and the destruction of a vibrant agricultural industry, the world’s highest inflation, 90% unemployment – to mention but a few. While all these were done on his watch, there is heated debate about the extent of his culpability – and consequently the nature of his legacy. Shakespeare’s Mark Antony said, ‘The evil that men do lives after them; The good is oft interred with their bones.’ Will Mugabe be reviled or revered by future generations?

On many occasions he was enthusiastically applauded by African audiences at international fora as an African hero, railing at the West, withdrawing Zimbabwe from the Commonwealth, insulting world leaders and daring to take the white man down a peg or two – even as Zimbabweans were suffering appalling human rights abuses and deprivation at home.

Even in death, he is still a divisive force. Social media today is awash with contradictory narratives and bitter disputes. One group maintains Mugabe ruined the beautiful and well-endowed country he liberated from colonial rule in 1980, reducing it to a begging bowl – with more than a quarter of the population in exile and where the world’s highest inflation and lowest life expectancy have reduced the noble ambitions of majority rule to blood-stained tatters.

Another hails his achievements, notably the liberation of the country from colonial rule, and progress in education and health for all in the early years. Even land reform, although bloody, chaotic and corrupt, has its defenders. And to be sure – land is now in the hands of blacks rather than whites, and the economy is largely under black control.

When and how did it all go so wrong? Other than absolute power corrupting absolutely, there are a few key turning points: the death of his Ghanaian-born wife Sally in 1992 was one. In 1996 he married his secretary Grace, with whom he already had two children. Forty years his junior, Grace was avaricious and ambitious, and her influence over the ageing, ailing Mugabe grew alarmingly to the point where she almost became Vice-President a few years ago.

The formation of the opposition Movement for Democratic Change in 1999 put paid to his ambitions for a one-party state, and he regarded this as a major, personal insult. This was followed in 2000 by his loss of the constitutional referendum by which he sought to increase his presidential powers. His increasingly repressive regime met this setback with a ferocious reign of terror. Human rights were trampled on, the judiciary was emasculated, the independent media was gagged and the country turned into a virtual police state. Hordes of marauding youths recruited into state-funded militias, were unleashed to pillage, rape, beat and otherwise harass the defenceless, largely rural, population into submission to the ruling Zimbabwe African National Union-Patriotic Front.

Mugabe himself became increasingly intolerant of any form of criticism. I last saw him when I sat in the front row of a press conference in 2000 to launch his election campaign. By then, he had come to regard me as his enemy, because of my role in launching the independent Daily News, which was critical of his administration. He would not look at me. I remember the feelings of betrayal, disappointment and sadness that almost choked me. That was the day I mourned the death of my Robert Mugabe.

Shortly thereafter he played his ‘land reform’ card. Together with a rabble of so-called war veterans, the militias were used to invade more than 80% of commercial farming property in the name of returning land ‘stolen by white settlers to the people (black)’. What was seldom noted during the international media outcry at the time, was that more than 200 black farm workers were killed during the invasions in addition to the eight white farmers who made the headlines. Thousands more were beaten, tortured, raped and made homeless.

Beneath the racial/anti-colonial rhetoric lay a far more sinister truth. All those killed, black and white, had one thing in common – they were supporters of the MDC.

Mugabe increasingly disrespected the rule of law – threatening judges, refusing to obey court orders, and filling the bench with his sympathisers, who were given plasma television sets, farms, luxury vehicles and other perks.

Within a few years, Zimbabwe fell from its position as one of the most prosperous and hopeful of African nations to that of a basket case. The health and education systems, together with the sophisticated and diversified agricultural industry – once the pride of the region – collapsed. Some 25% of the population of 12 million – the intellectual and professional cream – left the country.

Following the coup that deposed Mugabe in late 2017, a new word was coined in Zimbabwe – ‘Mugabeism’. It stood for all that destroyed the ‘jewel of Africa’: systemic corruption, vote-rigging, human rights abuses, rampant nepotism and looting of state resources by those in power.

The key task facing Mugabe’s successor, Emmerson Mnangagwa, was to dismantle the entire patronage system, a complex web of intrigue, deceit, corruption and cruelty, with tentacles reaching through every echelon of society and every department of government. He has failed dismally to make inroads into any aspect of Mugabeism. The sad fact is that little has changed since the Mugabe era.

Holding free and fair elections is still pretty much impossible, given the wholesale Mugabeism that permeates the electoral process – from jerrymandering constituency boundaries to the wholesale falsification of the voters’ roll (which includes thousands of duplicates, thousands of dead people and thousands of people over 100 years of age), and the militarisation of the secretariat of the Zimbabwe Electoral Commission. All this has seen our elections rigged, stolen and characterised by mass intimidation and violence for almost four decades – and nothing has changed.

As for the Gukurahundi massacres, Mnangagwa has made some superficial gestures such as allowing people to set up discussion groups (which was taboo under Mugabe). But the chances of a true and rightful reckoning – even with Mugabe dead and buried – are slim. The thing is, it was the Mugabe regime that perpetrated all these horrors. And the machinery of the Mugabe regime – the greedy old men addicted to power, the military, the militias, the youths, and the gravy train riders – is all still intact.

However, the head is now dead. Mugabe’s very existence – even as a decrepit old man in a hospital bed thousands of miles away from home – was a significant reality in the Zimbabwean psyche. Now that we are finally free of that oppressive presence, will we walk out into the sunshine or will we stay behind the bars?

Wilf Mbanga, 6 September, 2019

Mbanga in exile 20 years later, after he had fallen out with the Zimbabwean President
WILF MBANGA WAS THE FOUNDER OF ZIMBABWE’S THE DAILY NEWS, FOUNDER AND EDITOR OF THE ZIMBABWEAN AND THE ZIMBABWEAN ON SUNDAY, ZIMBABWE’S LARGEST CIRCULATION INDEPENDENT NEWSPAPERS BETWEEN 2006 AND 2012. HE LIVED IN EXILE FROM 2005 TO 2018 AFTER BEING DECLARED AN ‘ENEMY OF THE PEOPLE’ BY THE MUGABE REGIME IN 2004 FOR DENOUNCING ITS INCREASINGLY REPRESSIVE TENDENCIES.

www.thezimbabwean.co.uk

If Death Expunges Bad Deeds, What Is Our Incentive To Reform?
Mugabe was uncaring man: Mawarire

Post published in: Featured

The Money In Biglaw Has Increased Exponentially

In celebration of American Lawyer’s 40th anniversary, ALM has collected a treasure trove of Biglaw data. Since 1985, the year this stat goes back to, Wachtell has dominated in revenue per lawyer. How much was Wachtell’s industry leading revenue per lawyer in 1985?

Hint: In 2019, Wachtell’s revenue per lawyer clocks in at $3,207,000. It was… a good deal less in 1985.

See the answer on the next page.

Neil Gorsuch Is Fine With History Forgetting Him, Unfortunately We Aren’t That Lucky

(Photo by Justin Sullivan/Getty Images)

So, Neil Gorsuch has written a book, his third to be precise. As has recently become a tradition of Supreme Court justices, this one is styled as a memoir. Called “A Republic, If You Can Keep It,” the book discusses Gorsuch’s values, path to and ultimately controversial confirmation to the Supreme Court, and the value of public service.

For those that are interested, Bloomberg Law has an excerpt of the new book. The most notable features of the peek into the book is Justice Gorsuch’s seeming contentment to be relegated to the dustbins of history:

If history doesn’t remember Justice Neil Gorsuch, that’d be just fine by him.

“We’ll all be forgotten soon enough,” the justice quotes his former boss and Supreme Court predecessor Justice Byron “Whizzer” White in his upcoming memoir, “A Republic, If You Can Keep It.”

And that’s “exactly as it should be,” Gorsuch says in an exclusive excerpt obtained by Bloomberg Law.

I’m sure the wisdom and perspective passed to Gorsuch by the football great turned Supreme Court are meant to be conveyed as a lesson to all of us about our own fleeting mortality. But, given the infamous way that Gorsuch ascended to the Court, in a seat considered by large swaths of the American population to be stolen from Barack Obama’s choice for the position, Merrick Garland, who was never even granted the respect of a hearing on his nomination. Perhaps the real lesson from Gorsuch’s memoir is that it is better to be forgotten than to be remembered forever as part of an inglorious heist of a Supreme Court seat.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Trump Poised To Flip Eleventh Circuit

Live look at the Federalist Society eyeing the Eleventh Circuit (image via Getty)

For many lawyers and court watchers out there, talk about “flipping” circuits is misguided. There aren’t “Republican” judges or “Democratic” judges, there are just judges and you can’t really tell how a court is going to rule based on the party of the President who nominated the judges.

The people who say this are wrong. No, you can’t tell in every case, because thankfully the circuits still decide most cases on a randomized panel of judges. And sure, when blue slips were a thing, the Senators from each state had a lot to do with the partisan rabidness of the circuit judges who ended up getting nominations.

But blue slips are dead. Republicans killed them. The Trump administration has done nothing but nominate arch-conservative, FedSoc approved judges since they took office, and those judges come with a political agenda. When they can link up with judges nominated by previous Republican presidents, they can produce reliably conservative outcomes. If Democrats ever get back in power, they’d be wise to do the same exact thing.

Trump has already “flipped” the Third Circuit. He’s made serious inroads on other circuits. Now, he’s posed to fully flip the Eleventh Circuit. A giddy Ed Whelan took time out of his search for the real attempted rapist to explain this in the National Review:

Eleventh Circuit judge Stanley Marcus has announced that he will take senior status on March 2, 2020, or upon confirmation of his successor (whichever comes first). Marcus was appointed to his seat by President Clinton in 1997.

Counting active judges by the party of the appointing president is an admittedly crude and imperfect measure of the ideological makeup of a federal appellate court. (Marcus, who was appointed to the federal district court by President Reagan in 1985, was not viewed as a liberal.) With that large caveat, I’ll note that the Eleventh Circuit is currently divided 6-6 between appointees of Republican presidents and appointees of Democratic presidents. So when President Trump fills Marcus’s seat, the Eleventh Circuit will flip to a 7-5 majority of Republican appointees. At the outset of the Trump administration, it had an 8-3 Democratic majority (with one vacancy). So that’s an impressive swing.

One administration, not even in power for three years yet, has flipped the federal circuit for Florida, Georgia, and Alabama — three places where nonwhites historically have a difficult time securing things like voting rights and equal treatment under the law — from 8-3 Democratic to 7-5 Republican, with a majority of those Republicans being Trump judges.

If Democrats can’t explain to voters the importance of the federal courts, they will deserve everything these judges are about to do to keep the South unwinnable for nonwhites.

New Vacancy Sets Up Eleventh Circuit Flip [National Review]


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

Mugabe remained defiant on land until the very end – The Zimbabwean

Few African leaders polarised public opinion, especially in South Africa, to such an extent as the former Zimbabwean president Robert Mugabe. He died in Singapore on Friday at the age of 95.

Mugabe’s struggle against colonialism, his reconciliation efforts and pan-African vision, as well as the massacres of Ndebeles, the Gukurahundi, in the early 1980s and his Machiavellian manipulation of politics to stay in power for 39 years are all part of the complex legacy of the once-revered Mugabe.

Yet the elephant in the room remains his land redistribution efforts. Was it a heroic battle against the neocolonial west that could have worked out, given more time and resources? Or was it merely a ploy to stay in power despite an ailing economy, unleashing violent expropriation and the implosion of the agricultural sector?

Land reform remains outstanding in many African countries, particularly in Southern Africa and this question is used by populist politicians on both sides of the divide.

During that memorable news conference on July 29, 2018, on the eve of the first elections since his ousting, Mugabe was asked about this decision, in the early 2000s to give free reign to his feared war veterans and others to occupy land held by white commercial farmers.

A frail but combative Mugabe, in dark glasses, told local and international media that it was all part of the fight against British colonial rule and against the “settlers” in Zimbabwe.

It was agreed at Lancaster House in 1979 that people should get their land back, a decision supported by the former British premier Margaret Thatcher and the United States, he said.

“We had started quite well. We provided education for all, we assisted people with resources to develop the land. In some cases, we fell short but we certainly did our best.

“I don’t see where we have erred. We didn’t send away the whites, we took away their land and naturally they thought they had to go away somewhere,” he said.

At 94, having just lost power to his erstwhile companion Emmerson Mnangagwa, Mugabe was particularly eloquent on this issue, even if parts of the one hour-and-20-minute news conference was somewhat incoherent.

As is well-known, ZANU-PF bigwigs and army generals grabbed much of the land, and the economy went downhill from there.

A new study by the Institute for Security Studies on Zimbabwe’s economic future shows just how bad it has become, despite Mnangagwa’s promises of a new Zimbabwe “open for business” 18 months ago.

Today, two out of five people in Zimbabwe are undernourished. While from 1980 to 2004, Zimbabwe had the fourth largest economy in Southern Africa, with a GDP of US$18.6bn in 1998, it was roughly half of that by 2008 at US$9.3bn.

One statistic that would have Mugabe turn in his grave is that average incomes in Zambia are now almost double those of Zimbabweans.

Zambia’s first leader Kenneth Kaunda was there when Mugabe raised so much hope in the early 1980s and must have looked on in trepidation at the decline in his neighbouring country.

What went wrong?

Leaders at the recent summit of the Southern African Development Community (SADC) in Dar es Salaam again blamed sanctions for Zimbabwe’s economic demise, even though this is a debate fraught with disinformation.

SADC, and the former mediator Thabo Mbeki, never openly criticised abuses, including the rigging of elections in Zimbabwe and are unlikely to do so now.

One thing is abundantly clear, Mugabe overstayed his welcome and ZANU-PF turned into a self-serving and corrupt ruling party under his watch.

My last personal recollection of Mugabe was seeing him at the African Union (AU) headquarters in Addis Ababa in February 2016 when he came up to the stage and announced that Zimbabwean farmers are donating 300 head of cattle to the AU budget, which was largely donor funded.

It drew polite applause from leaders and officials on the floor.

Many of them had clearly moved on to bigger things and were aware that modern, commercial agriculture was needed for African economies to stay afloat in a globalised world.

Mugabe was caught up in a time warp of his own.

** Liesl Louw-Vaudran is a senior researcher at the Institute for Security Studies in Pretoria.

Mugabe was uncaring man: Mawarire

Post published in: Featured