Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue
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There is a moment in The Great Gatsby when Jay Gatsby introduces Nick Carraway to Meyer Wolfsheim, mentioning offhandedly that he is the man who fixed the 1919 World Series. The idea staggers Gatsby’s idealistic young friend. Of course, Carraway knew the series had been thrown. But “if I had thought of it at all,” he says, “I would have thought of it as a thing that merely happened, the end of some inevitable chain.” It was unbelievable to him then, as it is to us now, that a single person could have been responsible for changing the outcome of an event watched by some fifty million people. In ...more
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This is a book for a world that has come to think like Nick Carraway, riding in disbelief through life on the wake of conspiracies we won’t believe until we see, unable to comprehend why they happen and who makes them happen. This ignorance of how things really work is depressing to me. Because it opens us up to manipulation. It closes us off from opportunities to produce fruitful change and advance our own goals. It is time to grow up.
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It is just one word: Conspiracies. What follows is Machiavelli’s guide for rising up against a powerful enemy, for ending the reign of a supposed tyrant, for protecting yourself against those who wish to do you harm. It is appropriate that such a book sits just within arm’s reach of one of Thiel’s wingback armchairs and not far from the chess set which occupies considerable amounts of his time. Something in these pages planted itself deep into Thiel’s mind when he first read it long ago, and something in Thiel allowed him to see past Machiavelli’s deceptive warnings against conspiracies and ...more
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Every conspiracy is a story of people. The protagonists of this one are two of the most distinctly unique personalities of their time, Nick Denton and Peter Thiel. Two characters who, not unlike the cowboys in your cliché western, found that the town—whether it was Silicon Valley or New York City or the world’s stage—was not big enough for them to coexist. The gravitational pull of the two figures would bring dozens of other people into their orbit over their ten-year cold war along with the FBI, the First and Fourth Amendments, and soon enough, the president of the United States. It somehow ...more
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Machiavelli said that a proper conspiracy moves through three distinct phases: the planning, the doing, and the aftermath. Each of these phases requires different skills—from organization to strategic thinking to recruiting, funding, aiming, secrecy, managing public relations, leadership, foresight, and ultimately, knowing when to stop. Most important, a conspiracy requires patience and fortitude, so much patience, as much as it relies on boldness or courage. The question that remains: What would a world without these skills look like? And would a world with more of them be a nightmare or ...more
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Mankind has always crucified and burned, a great playwright once said. We take a secret pleasure in the misfortune of our friends, said another wise man. For Gawker it was no secret pleasure but a conspicuous one and to it they added the power of blogging. Nick’s instincts were captured and compounded by the economics of his instruments: twenty-something writers with school debt and little income. Overeducated children of Boomers, the children of parents whose idealism became materialism, the writers believed they had something to say because those same parents had told them they were special ...more
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As Cicero said, the beginnings of all things are small, and so was this one. At its beginning, at the impetus, there was simply something one person thought should be public that another thought was private; that one person thought was funny and that the other believed was serious. I don’t want them to know. It’s not their business. It’s not who I am. It’s not how I want them to see me. He is upset. His boyfriend is upset, upset that he is upset. Thiel’s frenzied mind races now, as it had for others written about by Gawker. The instinct to curl into a ball. The hope that this will go away. The ...more
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His path was in some ways traditional—Stanford to Stanford Law to judicial clerkship to high-powered law firm—but it was also marked by bouts of rebellion. At Stanford he created and published a radical conservative journal called The Stanford Review, then he wrote a book that railed against multiculturalism and “militant homosexuals” on campus, despite being both gay and foreign born. His friends thought he might become a political pundit. Instead he became a lawyer. Then one day, surprising even himself, he walked out of one of the most prestigious securities law firms in the world, Sullivan ...more
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It’s a classic collective action problem: we know things are bad, but they only affect each of us a little bit. So who is going to take care of it for us? Plenty of people believe in the theory of so-called great men of history, but who believes I am that great man? There is ego in that, silliness even. The economist Tyler Cowen once observed that at some point in the 1970s, Americans went from being the country that took literal moonshots to being the people who waited patiently in long lines for gasoline. It’s not completely accurate, of course, but it is a criticism that resonates with ...more
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“When personal gossip attains the dignity of print, and crowds the space available for matters of real interest to the community,” future Supreme Court justice Louis Brandeis wrote in the Harvard Law Review in 1890, in a piece which formed the basis for what we now know as the “right to privacy,” it “destroys at once robustness of thought and delicacy of feeling. No enthusiasm can flourish, no generous impulse can survive under its blighting influence.” Brandeis’s words reflected some of the darkness of Kierkegaard’s worries from fifty years earlier and foretold some of that sullying paranoia ...more
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First, a slight of some kind, which grows into a larger dissatisfaction with the status quo. A sense that things should be different, and will be different, except for the worse, if something doesn’t change. But then comes a second step, a weighing of the stakes. What if I do something about this? What might happen? What might happen if I do nothing? Which is riskier: to act or to ignore? History is uncertain on this question, as were the people in Peter’s life, the ones trying to tell him that there wasn’t much that could be done. Peter would, at one point, pass me a copy of The Fifteen ...more
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Twenty-five hundred years ago, Thucydides would say that the three strongest motives for men were “fear, honor, and self-interest.” Fear. Honor. Self-interest. All covered. Which is the truest of them for Thiel? Does it matter? Someone had begun to think seriously that something needed to be done and believed that he might be the person to do it.
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One of the most profound intellectual influences on Peter Thiel is a French thinker named René Girard, whom he met while at Stanford and whose funeral he would eventually speak at in 2015. Girard’s theory of mimetic desire holds that people have no idea what they want, or what they value, so they are drawn to what other people want. They want what other people have. They covet. It’s this, Girard says, that is the source of almost all the conflict in the world. Is this not the source of the tension between Denton and Thiel, not because they are so different, but because they are so similar? ...more
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It is always revealing to see how a person responds to those situations where he’s told: “There’s nothing you can do about it. This is the way of the world.” Peter Thiel’s friend, the mathematician and economist Eric Weinstein, has a category of individual he defines as a “high-agency person.” How do you respond when told something is impossible? Is that the end of the conversation or the start of one? What’s the reaction to being told you can’t—that no one can? One type accepts it, wallows in it even. The other questions it, fights it, rejects it. This choice defines us. Puts us at a ...more
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Machiavelli writes that a conspiracy without any coconspirators is not a conspiracy. It’s just a crime. This is also basic legal principle. If you kill someone by yourself, in the heat of the moment, it’s murder. If you meticulously plan it with someone else beforehand, that’s conspiracy. Lee Harvey Oswald almost certainly assassinated John F. Kennedy by himself. What he hoped would happen as a result is unclear. John Wilkes Booth conspired not only to assassinate Abraham Lincoln, but working with Lewis Powell and George Atzerodt also aimed to assassinate Andrew Johnson and William Seward. It ...more
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There is a scene in the movie The Assassination of Jesse James by the Coward Robert Ford. At the beginning, in the woods, Robert Ford, played by Casey Affleck, illustrates this phenomenon. He thinks the outlaw Jesse James is a great man. He thinks that he, himself, is a great man, too. He wants someone to recognize that in him. He wants someone to give him an opportunity—a project through which he can prove his worth. It just happens that Frank James would size the delusional, awkward boy up in the woods outside Blue Cut, Missouri: “You don’t have the ingredients, son.” In contrast, Mr. A is ...more
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But that’s the nice thing about lawyers: as long as you’re paying them, they’re usually good with whatever terms go along with it. Compartmentalization is their job. It’s how they represent people who are guilty, how they file long motions they know are unlikely to be successful, how they can patiently keep secrets that they’d otherwise love to be able to share. Harder was nearly twenty years into his legal career when he was first approached. Though he often worked on celebrity cases they tended to be for routine matters, not exciting criminal proceedings or blockbuster cases, and when you’re ...more
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A start-up is, in Peter’s definition, “a small group of people that you’ve convinced of a truth that nobody else believes in.” This is a fitting definition of what has assembled here as well. More people would be added as time passed. Allies and enemies of enemies would be brought into the fold. But all of it would proceed from the shared belief of these three men that the destruction of Gawker might be possible. Now they had their first decision to make together: how.
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“With patience and resources,” Mr. A would come to say often on his weekly calls with Peter, “we can do almost anything.” Tolstoy had a motto for Field Marshal Mikhail Kutuzov in War and Peace—“Patience and Time.” “There is nothing stronger than those two,” he said, “. . . they will do it all.” In 1812 and in real life, Kutuzov gave Napoleon an abject lesson in the truth of that during a long Russian winter. The target, Nick Denton, is not a patient man. Most entrepreneurs aren’t. Most powerful people are not. One of his editors would say of Denton’s approach to stories, “Nick is very much of ...more
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Peter tells me, echoing the thrust of Mr. A’s pitch to him in Berlin the previous April, “but I wanted to find a cause of action that wasn’t libel.” Harder agrees; legally it’s the strategically wise move, so they decide to avoid cases related to libel or defamation. Libel and defamation cases are notoriously hard to win in the American legal system. They are fraught with First Amendment complications where the bias is always toward the publisher and the burden of proof on the claimant—especially if he or she satisfies the “public figure” standard—is overwhelming. A private citizen has to ...more
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“The gating resource here was not capital,” Thiel said. “The gating resource was the ideas and the people and executing it well. It’s not like lawsuits haven’t been brought in the past. It’s something that’s been done, so we were required to think very creatively about this space, what kind of lawsuit to bring.” Most of the ideas do not stand up to scrutiny, or to Thiel’s ambitions. A slap on the wrist from the FCC about affiliate commissions will accomplish little. Exploiting the financial misdeeds of the company would likely require an inside man, and this would be nasty, deceitful business. ...more
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Their suspicions are confirmed when they read a public memo from Denton to his staff in mid-2010 that says, “The staples of old yellow journalism are the staples of the new yellow journalism: sex; crime; and even better, sex crime.” And, as Nick would tell The Atlantic, looking back on some of his sites’ earlier posts, his regrets came not from publishing these types of stories, but from bothering to defend them when criticized. “We should have just said our interest was voyeuristic. ‘We did this story because we thought you would like it. We thought it was funny, so we thought you would think ...more
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But Thiel now believes that Gawker’s impression of its own strength is based on the quirks of past events and not the fact of law. This belief is an edge, hardly a black one, but a real edge nonetheless. And he’s going to test it. “Given the same amount of intelligence, timidity will do one thousand times more damage in war than audacity” is the dictum from Clausewitz. The reverse is true as well. It’s Thiel’s investment strategy: with the right conditions, a little boldness will make much more progress than timidity will ever protect. So here Thiel finds his first edge: a willingness to try. ...more
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To recoil at this thought is natural. While Machiavelli never said—as some might claim—that we must lose that part of ourselves altogether in the pursuit of power, he did say that for the prince who wishes to remake the world to his liking, the natural impulse to be kind, forgiving, and empathetic must temporarily be suppressed. This is not an easy thing to do, even in the face of overwhelming necessity. By 1939, Franz Halder, a German general, had taken to carrying a pistol so that when he was in the room with Hitler, he might assassinate him. But he could never pull the trigger. He could not ...more
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The Count of Monte Cristo would put it better: “What a fool I was not to tear my heart out on the day when I resolved to avenge myself!” Ah, but what dangerous business this is. This artificial hardening is a dangerous crossroads, a bargain with our primal forces that not everyone escapes or can emerge from with clean hands. William James knew that every man is “ready to be savage in some cause.” The distinction, he said, between good people and bad people is “the choice of the cause.”
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This is the nature of the American legal system, and of conspiracy as well. It’s slow, adversarial. Moral quandaries and personal issues are reduced to brief moments and decided on small points of law. Even a winning case will likely see as many setbacks as it does victories, and it falls upon the constitution of the players to weather the former to get to the latter. And this isn’t even the real legal battle—these are just arguments over the attempts to obtain what is called “prior restraint” of speech. The conspirators were trying to get the tape taken down before—until—they’d won their ...more
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The essayist and investor Paul Graham, a peer and rival of Peter Thiel’s, has charted the trajectory of a start-up, with all its ups and downs. After the initial bump of media attention, the rush of excitement from the unexpected success, Graham says that the founders enter a phase where the novelty begins to wear off, and they quickly descend from their early euphoria into what he calls the “trough of sorrow.” A start-up launches with its investments, gets a few press hits, and then smacks right into reality. Many companies never make it out of this ditch. “The problem with the Silicon ...more
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By the time of their second string of setbacks in 2013, Peter Thiel was already six-odd years into this dance with Gawker. Mr. A was two years in. Harder himself was nearly a year in. It was well into the end of its beginning and it had not begun well. If there was anything they had to be thankful for, it would be something they could not appreciate until later, and that would be that they were mercifully in the dark about all that remained ahead of them, all three long years of struggle and difficulty that were still to come.
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The concealment of intentions is critical to countless worthwhile and perfectly legitimate enterprises, not only in business or defense but also in journalism. In her classic The Journalist and the Murderer, Janet Malcolm wrote, “If everybody put his cards on the table, the game would be over. The journalist must do his work in a kind of deliberately induced state of moral anarchy.”
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“The truest way to be deceived is to think oneself more knowing than others” is La Rochefoucauld’s maxim. To Gawker these pleas of financial hardship from Hogan must have read as confirmation of the edge they believed they had—their money, their brinkmanship would be the determining factor. Because it was what they were doing. They wanted to hear his complaints, that he was hurting from it. They were so overconfident, so sure that this suit would come to nothing that they could not even conceive of a scenario in which Harder might have an advantage over them, or might be doing something other ...more
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The Russians call this maskirovka—the art of deception and confusion. It is as old as strategy itself. Undermine your enemy, Sun Tzu advised 2,500 years ago. “Subvert him, attack his morale, strike at his economy, corrupt him. Sow internal discord among his leaders; destroy him without fighting him.” Call down the fog of war, he was telling conspirators and generals and swordsmen, let it descend on your opponent until they cannot see what is right before them. Because “all warfare,” Sun Tzu reminds us, “is based on deception.” Not just keeping secrets—that’s the first part, the passive part, a ...more
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The line attributed to the management guru Peter Drucker is that culture eats strategy. It’s a truism that applies as much to conspiracies as it does to businesses. It doesn’t matter how great your plan is, it doesn’t matter who your people are, if what binds them all together is weak or toxic, so, too, will be the outcome—if you even get that far. But if the ties that bind you together are strong, if you have a sense of purpose and mission, you can withstand great trials. Gawker once had a strong mission, an animating force that brought everyone together in a similar fashion and moved them ...more
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If Thiel is Melville’s Ahab, manically chasing a white whale wherever it takes him, then Denton is Melville’s Benito Cereno, a prisoner on his own ship, unable to communicate the terror of his position, being driven slowly insane by the sound of the sharpening hatchets of his crew. He can’t sell the company with a lawsuit hanging over it, he can’t settle the case without going back on much of his rhetoric to the writers and in the press. He would try to push the writers to be nicer, to ask them when they would be gratuitously mean or reckless, “What’s your purpose here? What are you hoping to ...more
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where was Heather Dietrick in all this? Wasn’t she supposed to be part of the adult supervision—not one of the untrained puppies but a leader? In 2013 she had joined Gawker as its chief counsel. She hadn’t been there when the article was published. Since 2014 she had been the company’s president. Yet she has not convinced her boss, or her coworkers, that this lawsuit is unlike the other cases they have faced, that Hogan is going to go all the way. (She had been told this directly, after all.) Or perhaps she has fallen in with the hard-line faction, too—leaving Nick without the perspective and ...more
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Hofstadter’s Law,
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There is a story about a young John D. Rockefeller who found himself stuck with bullying, corrupt business partners. He wants to break with them, but he can’t, because they control the votes. They are squeezing his business to death. They abuse him, talk about forcing him out. What is he to do? Quietly, Rockefeller lines up financing from another oilman and waits. Finally there is a confrontation; one of them tries to threaten him: “You really want to break it up?” Yes. He calls their bluff. They go along, knowing that the firm’s assets will have to go to auction. They’re sure they’ll ...more
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Heather Dietrick would explain beliefs about the jury to reporters at the time: “I think as a common-sense matter, they’re going to see that, see what he’s talked about in the past,” she would say. “He’s talked about really, really graphic details of his sex life, again and again and again, including on the shock jock’s show. These are practical people. I think they’re going to see through him and say, ‘Give me a break. Take responsibility for what you did here.’” Oh, Heather. How could you? She should have been telling her boss to settle, rectifying before it was too late the error Denton and ...more
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The great sin for a leader, Frederick the Great once observed, was not in being defeated but in being surprised. How did Denton not see this? How did Gawker’s chief strategy officer not see that this was a fight they could not win? Where was their publicist? Heather Dietrick, the one they had chosen to sit in the courtroom for them, who had been privy to every part of this case from the beginning—where had she been? Denton would say in retrospect that Gawker’s “audience share in Williamsburg was not decisive.” It didn’t matter what his friends in Manhattan or his readers in Brooklyn thought of ...more
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On the day of the verdict, the New York Times editorial section would publish a debate of experts, asking about the implications of the case. Two of the three experts would come down against Gawker and for Hulk Hogan, underscoring Thiel’s early goal to predicate the dispute on privacy, not press freedom. One, a law professor and former journalist, wrote, “When human dignity is degraded by depictions of sex, nudity or medical conditions the ‘journalism’ should not be called newsworthy.” The next day the former assistant general counsel of the New York Times would be quoted in another piece ...more
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Machiavelli warns conspirators that the most dangerous time is after the deed is done. It is as if Peter and Harder did not fully consider this. “We thought the point of maximum tension would be the trial and once we were done with that, you know, if they couldn’t figure it out at the trial they never would,” Peter says. He would also say that he thought the end of the trial would put them past the “point of maximum danger.” In fact, this was exactly the point of the highest vulnerability. Loss inherently makes the loser sympathetic. We can easily be made to feel bad for the person on the ...more
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Thiel knew the importance of finishing. He had written it in Zero to One. “It is much better to be the last mover,” not the first mover. “Grandmaster José Raúl Capablanca”—Thiel’s favorite chess player—“put it well: to succeed ‘you must study the endgame before everything else.’” The conspirators had studied it, but only so far as their maneuvering took to get the other man’s king on its side. What they failed to consider was that in any chess match between masters, there is always more than one game. Each requires its own unique plan.
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“I’m not a fighter, I’m a waiter” is how Walter Winchell opens his memoir, addressing the enemies who had prematurely ended his career and toppled him from power. “I wait until I catch an ingrate with his fly open, then I take a picture of it.” The gossip columnist Louella Parsons, driven from relevance by studio heads tired of her tyranny, dragged down by lawsuits at the end of her life, would retreat into literal silence in protest. The last ten years of her life, it was claimed she never said another word. Which would it be? What would be Denton’s path?
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The historian E. P. Thompson said that history never happens as the actors suspect, that history is instead the “record of unintended consequences.” The assassination of Julius Caesar does not restore the Roman Republic, it leads to a brutal civil war and, at the end, another emperor. The Allied powers destroy Hitler and Germany but empower Russia and Stalin and create a new Cold War to follow the conclusion of the hot one. There is always something you didn’t expect, always some second- or third-order consequence. Peter Thiel’s conspiracy had achieved its intended outcome. A negotiated peace ...more
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In the years he conspired against Gawker, Thiel would come to see the U.S. legal system differently. He later said that, before the case against Gawker, he had believed that the problem in America was too many lawsuits and too many lawyers. Like many media outlets, Gawker’s legal strategy had been to lean into that understanding—to be the black hole of time and money whose event horizon no one could afford to confront. With his immense resources, Thiel believed he had simply changed the equation. The fact that Hulk Hogan, a “single-digit millionaire” as Thiel put it, would not otherwise have ...more
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Peter thought he’d be greeted as a liberator, that Gawker was a scourge that once eliminated would allow for open, collaborative discussion. If anything, the opposite has happened. The candidate he helped put in office embodies many of the bullying traits that Thiel claimed to abhor. Trump would also come to actively stymie expression, threatening to “open up” the libel laws in this country and pressuring NFL owners to fire the players who kneeled during the national anthem. This must hit Thiel sometimes, perhaps in the quiet cabin of his Gulfstream, that the man in the White House is ...more
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In Maui, where Thiel has a home and spends a good deal of his time, officials once introduced a species of mongoose to kill rats. Only after introducing them did it occur to anyone that rats are nocturnal and mongooses are diurnal. A bad problem became worse, a rat problem became a mongoose problem. You launch a conspiracy to protect your privacy and make yourself famous. You seek to rid the world of a bully and you find yourself with Trump. The nihilists on the left are sent in a diaspora from Gawker to other media outlets, matched tit for tat by the nihilists on the right. And most of them ...more
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Once one forges oneself into a hammer of justice and feels the power of crushing one’s enemies, driving them before one and taking their possessions as one’s own, does one become addicted to it? It can become a cycle without end. It can change you, ruin you. One of the worst things that can ever happen to a leader is to unconsciously associate resistance and criticism with opportunity. When everyone tells you you’re wrong and you turn out to be right, you learn a dangerous lesson: Never listen to warnings. And so the reason that few conspiracies are followed by additional successful ...more
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Lyndon Johnson would famously conspire to steal a Senate election from Coke Stevenson in 1948, which put him on the path to the presidency. But given how it went, and the fact that Coke died an old man, surrounded by people who loved and admired him, who is to say that LBJ really won? Perhaps the most interesting unintended consequences, however, were the obvious ones. The ones that no one seriously thought could happen. First, the sex tape actually disappeared. Try to find it—I dare you. You can’t. The Streisand Effect now has at least one exception. Trying doesn’t always backfire.
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He would end this story at the place so well captured at the end of one of his favorite novels, Arthur C. Clarke’s The City and the Stars: “There is a special sadness in achievement, in the knowledge that a longdesired goal has been attained at last, and that life must now be shaped towards new ends.”
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The line from the Obamas was “When they go low, we go high.” It’s a dignified and impressive mantra, if only because for the most part, whether you liked them or not, it’s hard to deny that they followed it. But the now cliché remark should not be taken conclusively, for it makes one dangerous omission. It forgets that from time to time in life, we might have to take someone out behind the woodshed. How we have lost this. How squeamish we have become. We now blindly demonize what is often one of the most effective forms of action. How vulnerable this ignorance has made us to the few real ...more
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