Wednesday, July 24, 2019

The Case of Al Franken

Last month, in Minneapolis, I climbed the stairs of a row house to find Al Franken, Minnesota’s disgraced former senator, wandering around in jeans and stocking feet. It was a sunny day, but the shades were mostly drawn. Takeout containers of hummus and carrot sticks were set out on the kitchen table. His wife, Franni Bryson, was stuck in their apartment in Washington, D.C., with a cold, and he had evidently done the best he could to be hospitable. But the place felt like the kind of man cave where someone hides out from the world, which is more or less what Franken has been doing since he resigned, in December, 2017, amid accusations of sexual impropriety.

There had been occasional sightings of him: in Washington, people mentioned having glimpsed him riding the Metro or browsing alone in a bookstore; there was gossip that he had fallen into a depression, and had been seen in a fetal position on a friend’s couch. But Franken had experienced one of the most abrupt downfalls in recent political memory. He had been perhaps the most recognizable figure in the Senate, in part because he’d entered it as a celebrity: a best-selling author and a former writer and performer on “Saturday Night Live.” Now Franken was just one more face in a gallery of previously powerful men who had been brought down by the #MeToo movement, and whom no one wanted to hear from again. America had ghosted him.

Only two years ago, Franken was being talked up as a possible challenger to President Donald Trump in 2020. In Senate hearings, Franken had proved himself to be one of the most effective critics of the Trump Administration. His tough questioning of Jeff Sessions, Trump’s nominee for Attorney General, had led Sessions to recuse himself from the investigation into Russian influence in the 2016 election, and prompted the appointment of Robert Mueller as special counsel.

As it turns out, Franken’s only role in the 2020 Presidential campaign has been as a figure of controversy. On June 4th, Pete Buttigieg was widely criticized on social media for saying that he would not have pressured Franken to resign—as had virtually all his Democratic rivals who were then in the Senate—without first learning more about the alleged incidents. At the same time, the Presidential candidacy of Senator Kirsten Gillibrand has been plagued by questions about her role as the first of three dozen Democratic senators to demand Franken’s resignation. Gillibrand has cast herself as a feminist champion of “zero tolerance” toward sexual impropriety, but Democratic donors sympathetic to Franken have stunted her fund-raising and, Gillibrand says, tried to “intimidate” her “into silence.”

Franken’s fall was stunningly swift: he resigned only three weeks after Leeann Tweeden, a conservative talk-radio host, accused him of having forced an unwanted kiss on her during a 2006 U.S.O. tour. Seven more women followed with accusations against Franken; all of them centered on inappropriate touches or kisses. Half the accusers’ names have still not become public. Although both Franken and Tweeden called for an independent investigation into her charges, none took place. This reticence reflects the cultural moment: in an era when women’s accusations of sexual discrimination and harassment are finally being taken seriously, after years of belittlement and dismissal, some see it as offensive to subject accusers to scrutiny. “Believe Women” has become a credo of the #MeToo movement.

At his house, Franken said he understood that, in such an atmosphere, the public might not be eager to hear his grievances. Holding his head in his hands, he said, “I don’t think people who have been sexually assaulted, and those kinds of things, want to hear from people who have been #MeToo’d that they’re victims.” Yet, he added, being on the losing side of the #MeToo movement, which he fervently supports, has led him to spend time thinking about such matters as due process, proportionality of punishment, and the consequences of Internet-fuelled outrage. He told me that his therapist had likened his experience to “what happens when primates are shunned and humiliated by the rest of the other primates.” Their reaction, Franken said, with a mirthless laugh, “is ‘I’m going to die alone in the jungle.’”

Now sixty-eight, Franken is short and sturdily built, with bristly gray hair, tortoiseshell glasses, and a wide, froglike mouth from which he tends to talk out of one corner. Despite his current isolation, Franken is recognized nearly everywhere he goes, and he often gets stopped on the street. “I can’t go anywhere without people reminding me of this, usually with some version of ‘You shouldn’t have resigned,’ ” Franken said. He appreciates the support, but such comments torment him about his departure from the Senate. He tends to respond curtly, “Yup.”

When I asked him if he truly regretted his decision to resign, he said, “Oh, yeah. Absolutely.” He wishes that he had appeared before a Senate Ethics Committee hearing, as he had requested, allowing him to marshal facts that countered the narrative aired in the press. It is extremely rare for a senator to resign under pressure. No senator has been expelled since the Civil War, and in modern times only three have resigned under the threat of expulsion: Harrison Williams, in 1982, Bob Packwood, in 1995, and John Ensign, in 2011. Williams resigned after he was convicted of bribery and conspiracy; Packwood faced numerous sexual-assault accusations; Ensign was accused of making illegal payoffs to hide an affair.

A remarkable number of Franken’s Senate colleagues have regrets about their own roles in his fall. Seven current and former U.S. senators who demanded Franken’s resignation in 2017 told me that they’d been wrong to do so. Such admissions are unusual in an institution whose members rarely concede mistakes. Patrick Leahy, the veteran Democrat from Vermont, said that his decision to seek Franken’s resignation without first getting all the facts was “one of the biggest mistakes I’ve made” in forty-five years in the Senate. Heidi Heitkamp, the former senator from North Dakota, told me, “If there’s one decision I’ve made that I would take back, it’s the decision to call for his resignation. It was made in the heat of the moment, without concern for exactly what this was.” Tammy Duckworth, the junior Democratic senator from Illinois, told me that the Senate Ethics Committee “should have been allowed to move forward.” She said it was important to acknowledge the trauma that Franken’s accusers had gone through, but added, “We needed more facts. That due process didn’t happen is not good for our democracy.” Angus King, the Independent senator from Maine, said that he’d “regretted it ever since” he joined the call for Franken’s resignation. “There’s no excuse for sexual assault,” he said. “But Al deserved more of a process. I don’t denigrate the allegations, but this was the political equivalent of capital punishment.” Senator Jeff Merkley, of Oregon, told me, “This was a rush to judgment that didn’t allow any of us to fully explore what this was about. I took the judgment of my peers rather than independently examining the circumstances. In my heart, I’ve not felt right about it.” Bill Nelson, the former Florida senator, said, “I realized almost right away I’d made a mistake. I felt terrible. I should have stood up for due process to render what it’s supposed to—the truth.” Tom Udall, the senior Democratic senator from New Mexico, said, “I made a mistake. I started having second thoughts shortly after he stepped down. He had the right to be heard by an independent investigative body. I’ve heard from people around my state, and around the country, saying that they think he got railroaded. It doesn’t seem fair. I’m a lawyer. I really believe in due process.”

Former Senate Minority Leader Harry Reid, who watched the drama unfold from retirement, told me, “It’s terrible what happened to him. It was unfair. It took the legs out from under him. He was a very fine senator.” Many voters have also protested Franken’s decision. A Change.org petition urging Franken to retract his resignation received more than seventy-five thousand signatures. It declared, “There’s a difference between abuse and a mistake.”

by Jane Mayer, New Yorker |  Read more:
Image: Geordie Wood
[ed. I have zero patience for people who use the term "who could have known?" after making stupid, irresponsible decisions, despite ample arguments against them at the time (Iraq?). See also: The reason there’s no #MeToo for domestic violence (Penelope Trunk).]