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Christopher Rufo

America’s Verdict

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Christopher F. Rufo

What the Daniel Penny acquittal means for America

A New York City courtroom Monday issued a stunning verdict: Daniel Penny, a veteran US marine who restrained a threatening homeless subway rider named Jordan Neely, who later died in police custody, is not guilty of negligent homicide. And the verdict was not just about Penny. Make no mistake: the Black Lives Matter era of “restorative justice” is over and the real spirit of justice is returning to America.

Penny’s trial captured public attention because it dramatically emblematized this critical cultural faultline. Most immediately, it symbolized a recurrent theme in New York City about the failures of law enforcement, and the appropriate response to criminality. But it was also a story that the Left sought to turn into a racial morality play by repeating the BLM playbook they applied to the death of George Floyd, to Trayvon Martin, to Michael Brown and countless others.

In this story, Daniel Penny (“the white man” in the loaded description of the prosecutor Dafna Yoran) was a racist white man, who cruelly hunted down and killed an innocent black man (a “Micheal Jackson impersonator”) who was peacefully riding the subway. In this telling, neither man is an individual; rather, each is a symbol of a system of racist white supremacy, organized around enacting violence on black bodies, for no reason, in the United States, and across the world.

The first imperative of restorative justice is to recognize this crucial ideological context; a point which Penny’s hyper-ideological prosecutor Dafna Yoran made explicit in a widely circulated video in which she boasted of reducing a felony murder charge in a previous trial to a manslaughter charge because she “felt sorry” for the trauma which the African-American killer had endured.

Daniel Penny, naturally, received no such considerations. In his case, the restorative task was to scapegoat “the white man” in the service of advancing a radical pro-crime agenda, consistent with defunding the police and turning the US criminal justice system into a politically organized system of justice comparable to the two-tier justice system that now exists in the UK.

This was a task that was pursued both inside and outside the courtroom. As with the trial of Derek Chauvin in Minneapolis following the death of George Floyd, professional activists were mobilized to protest on the street outside the trial with the intention to manipulate proceedings: witnesses reported that the shouting of the activists were audible inside the courtroom. But this time, the jury did not surrender to pressure.

Jordan Neely was, in fact, like George Floyd: both were violent criminals with a long record of antisocial behavioral problems who suffered from drug problems, and eventually died under troubling circumstances. But Derek Chauvin’s jury failed in its duty to separate the facts from ideological myths, and failed to stand up to political pressure. Chauvin was convicted by a jury frightened into complicity, and effectively thrown to the mob.

By contrast, in New York Monday, another conception of justice prevailed. Despite the activists ringing the courtroom, a hostile media chumming the waters, and a highly irregular legal procedure which saw the prosecution withdrawing one of Penny’s charges on Friday in order to avoid a mistrial and seek conviction on a lesser charge, the jurors retained their composure, and stuck to the facts and the law. Whatever fear they may have felt, they overcame it, and Penny was correctly found not guilty.

What will happen next? My own suspicion is that the verdict will not generate anything like the violence, riots, and disorder that followed the death of George Floyd. Americans are finished with the failed regime of the Left. The past four years have clarified what “social justice” really means and exhausted all remaining patience for granting activists the benefit of the doubt. The extraordinary shamelessness of Jordan Neely’s father in launching a civil suit against Penny over the death of a son he didn’t raise exemplifies the moral emptiness that was formerly, by many, mistaken for social justice.

In reality, “social justice” was never about justice: it was about the political subversion of justice to achieve pathological and ideological ends. The contrast with Penny himself could not be more striking. Penny is not merely not guilty, he is an unambiguous hero, who correctly understood and carried out his duty, with great courage, in a dangerous situation. He believed that it was his duty to use his training to protect women and children from a violent individual with a previous record of subway assault, and he was right to do so.

Today’s verdict marks the end of an era. BLM, which seemed unstoppable four years ago, is finished. Its activists are discredited, and its grip on the public imagination is broken. No doubt the violent spirit of the movement will seek to resurface in the future, but a brutal and stupid decade of moral and judicial corruption has come to a close.

With its passing, the opportunity returns to truly confront the problems that have plagued American cities for a generation. Penny’s heroism should never have been necessary because Jordan Neely should never have been riding that train. Neely himself was failed by BLM and the ideology of social justice, just as Penny was persecuted by it: it was also social justice which, from misguided ideas of compassion, stopped Neely from getting the treatment he needed.

The correct moral attitude, as well as the right social policy, is to dismantle this system entirely—in academia and media, where it generates its alibis, but above all in criminal justice. That means holding the attorneys responsible for this shameful prosecution accountable, returning to the system of “broken windows” policing that made New York under Giuliani the safest big city in America—and extending that system across the rest of the United States.

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This article was originally published in IM—1776.

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DOGE Theory

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Can Elon Musk and Vivek Ramaswamy’s plan to slash the bureaucracy succeed?

One of the most intriguing developments following Donald Trump’s election victory has been the announcement of Elon Musk and Vivek Ramaswamy’s Department of Government Efficiency, or DOGE. The initiative, which hopes to cut up to $2 trillion from the federal budget, has generated notable excitement, momentum, and memes. The world’s richest man and a successful biotech entrepreneur, Ramaswamy, have revitalized what seemed to be a mostly dormant libertarianism, drawing on the inspiration of Milton Friedman and promising to slash the bureaucracy to the bone. But what are its prospects for real-world success?

Elon Musk is our era’s most gifted entrepreneur, having revolutionized several industries and run multiple major companies. But the private sector operates on radically different principles than the public sector, which has a way of stalling or disarming even the most determined efforts. I foresee three potential impediments to DOGE’s success.

First is the problem of authority. While President-elect Trump has dubbed the effort the “Department of Government Efficiency,” it is not a government department at all. Rather, Musk and Ramaswamy will remain in the private sector and preside over what is, in effect, a blue-ribbon committee providing recommendations to the president and to Congress about potential cuts. In practice, though, blue-ribbon committees are often where ideas go to die. Politicians who feel the need to “do something” about a given problem often establish such committees to create the perception of action, which masks their true desire or, at least, the eventual result: inaction.

DOGE’s challenge will be to translate its recommendations into policy. It is almost certain that an entrepreneur of Musk’s ambition will not be content with writing a report. His and Ramaswamy’s task, then, is to persuade the president and the director of the Office of Management and Budget to enact real (and politically risky) cuts, and, if possible, to persuade Congress to abolish entire departments, such as the Department of Education, in the face of left-wing backlash.

The second problem for Musk and Ramaswamy is public opinion. Libertarians and small-government conservatives have long promised to reduce the size of government; one reason that they have never done so is that federal programs and agencies are generally popular. All of the major federal departments, with the exception of the IRS, the Department of Education, and the Department of Justice, have net-positive favorability numbers. Congressional members, even conservative Republicans, fear that slashing these departments would expose them to savage criticism from the Left and backlash from voters. They know that Americans complain about the size of government in theory but oppose almost all spending cuts in practice—the key paradox that libertarians have been unable to resolve.

Musk and Ramaswamy have repeatedly appealed to the work of Argentinian president Javier Milei, who has dramatically reduced the number of departments and created flashy video clips of himself stripping down organizational charts and yelling, “Afuera!” But what is possible in Argentina, which has been mired in a decades-long economic crisis, may not be achievable in the United States, which is much more stable, and, consequently, may not have the appetite for such dramatic action.

Which brings us to the problem of politics. Sending a rocket into space requires mastery over physics, but cutting government departments requires mastery over a more formidable enemy: bureaucracy. As Musk and Ramaswamy will see, the relationship between would-be reformers and Congress is vastly different from that between a CEO and a board of directors. To succeed, Musk and Ramaswamy must persuade a group of politicians, each with their own interests, to assume a high level of risk.

DOGE’s first task—identifying the budget items to cut—is the easy part. The hard part will be actually cutting them. They will have to convince Congress, which, for nearly 100 years, has refused to reduce the size of government, even when that notion had bipartisan support, as it did during the presidency of Bill Clinton, who promised that “the era of big government is over.”

This does not mean that DOGE cannot succeed. Though there may not be an appetite for a $2 trillion reduction in government spending, there is a hunger for targeted cuts that would strip the federal government of hostile ideologies that have made our institutions dysfunctional and our national life worse. For example, slashing grant funding for critical race theory would likely win support from voters; cutting the budget for USDA meat inspectors would not, and, given opportunity costs, would probably prove unproductive as well.

Perhaps the name of this committee—the Department of Government Efficiency—is also slightly off the mark. The problem is not only about efficiency, which suggests quantity, but about orientation, which implies quality. The federal government has long been captured by ideologies that misdirect its efforts. Simply making the bureaucracy more efficient will not solve that problem. DOGE must first determine what federal spending is worthwhile; from there, it can focus on creating “efficiencies.”

I hope that Musk and Ramaswamy can dispel my pessimism. Political realities have stifled countless reform efforts before now, and DOGE is an enterprise that would be difficult, if not impossible, under normal circumstances. But these are two remarkably talented men; if anyone is capable of shattering the mold, they can.


Please share your ideas, dissents, and thoughts in the comments. In the next newsletter, we will feature the best material in a“comment of the week” section. In the meantime, have a wonderful Thanksgiving.

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Christopher Rufo

How Gender Ideology Captured the State Department

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In a job posting for a security escort position at the U.S. Consulate General in Lagos, for example, applicants are told that “[t]he U.S. Mission in Nigeria supports Diversity, Equity, Inclusion and Accessibility (DEIA),” and that “[a]ll genders are welcome to apply.” Some two-thirds of the job summary is dedicated to DEI, as if U.S. security officers should be more concerned with gender pronouns than terrorist attacks.

The U.S. Department of State is charged with advancing American interests abroad through complex and delicate diplomatic missions, as well as maintaining the safety of those missions and the Americans serving them.

The institution’s lodestar should be the national interest, but under President Joe Biden, the State Department has demoted that critical objective in favor of a new global agenda: to spread radical gender theory to foreign nations.

The shift began at the top. President Biden and, in turn, the apparatus beneath him led America’s leftward charge on the world stage. Upon taking office in 2021, the administration used the previous year’s racial unrest as a pretext to issue a slew of executive orders and memoranda entrenching left-wing ideologies in all levels of the federal government, under the guise of “diversity, equity, and inclusion,” or DEI.

As part of this initiative, the White House required each federal agency to submit detailed DEI progress reports regularly, appoint a chief diversity officer, and create “Agency Equity Teams,” whose leaders were tasked with “delivering equitable outcomes.” These requirements contributed to what the president called “an ambitious whole-of-government equity agenda.”

The gender component of this agenda spread to the State Department through the president’s “Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World.” Published in February 2021, this memorandum directed State and other agencies to monitor closely and report on the “LGBTQI+” policies of our allies, to “broaden the number of countries willing to support and defend” the radical Left’s understanding of gender—for example, by funding pro-transgender “civil society advocates” in order to shift public opinion in those countries—and to tie in the principles of gender theory to America’s foreign-aid programs.

If necessary, the memo maintained, agencies should use “the full range of diplomatic and assistance tools” to ensure foreign governments’ compliance with this agenda, including “financial sanctions, visa restrictions, and other actions.”

The policy’s most visible expression was Secretary Antony Blinken’s 2021 authorization allowing American embassies to fly rainbow flags. This symbolic gesture was just the tip of the iceberg, however. Under Blinken’s leadership, State has woven critical theory into the fabric of America’s foreign policy. “I want to be crystal clear about this,” the secretary said upon appointing the agency’s first chief diversity officer in June 2021. “Promoting diversity and inclusion is the job of every single member of this department. It’s mission critical.”

To that end, Blinken spearheaded the adoption of an internal diversity plan that commits the department to hiring “a workforce that reflects the diversity of the United States . . . and implementing a comprehensive recruitment plan that targets underrepresented groups”; conducting a sophisticated “DEIA Climate Survey”; and, bizarrely, producing a “crowdsourced digital storytelling campaign” called #FacingDiplomacy, a self-flagellating chronicle of “the historic impact of discrimination in the Department.”

Material incentives ensure compliance with this official ideology: the “advancement of DEIA” is now considered “as an element for all employees as part of their job performance criteria, career advancement opportunities, and senior performance pay.”

The heart of the department’s effort, though, is not to increase adherence at home but to spread it abroad. State recruited a cadre of gender activists to entrench these theories into foreign policy.

One key figure is gender activist Jessica Stern, whom the president appointed as special envoy to advance the human rights of LGBTI+ persons. She was previously the executive director of OutRight Action International, helped to found the United Nations LGBTI Core Group, and was responsible for the first UN resolution to include the term “gender identity.”

Another key figure is Zakiya Carr Johnson, who stepped in as the department’s chief diversity officer earlier this year. Like Stern, Johnson also has a history of activism, having spent six years at a left-wing NGO in Brazil, as well as at other “inclusive” organizations, such as Atlantic Fellows, ODARA Solutions, and her own start-up, Black Women Disrupt.

These women are not figureheads. They aggressively press gender theory into foreign policy. Johnson, in particular, regularly promotes the State Department’s ideological agenda on social media, spotlighting her exchange with the Brazilian high representative for gender issues, meeting with the Chilean ambassador to applaud his “#FeministForeignPolicy,” or speaking at the Colombian embassy about “diversity” and “inclusion.”

The diversity agenda has been translated to the day-to-day operations at embassies around the world. Some embassies are even screening security positions for adherence to DEI. In a job posting for a security escort position at the U.S. Consulate General in Lagos, for example, applicants are told that “[t]he U.S. Mission in Nigeria supports Diversity, Equity, Inclusion and Accessibility (DEIA),” and that “[a]ll genders are welcome to apply.” Some two-thirds of the job summary is dedicated to DEI, as if U.S. security officers should be more concerned with gender pronouns than terrorist attacks.

Inside the embassies, gender has become a near obsession. State’s latest annual LGBTQI+ progress report lists countless present and future efforts across all foreign agencies to make the world safe for queer theory, from “Pride Events at Headquarters” to “Gender Equity in the Mexican Workplace.” Among these is a department-wide partnership with the Global Equality Fund, a public-private entity “dedicated to advancing and defending the human rights of LGBTQI+ persons around the world” that has directed funds to 116 “grassroots” LGBTQI+ organizations in 73 countries.

State itself asserts that U.S. diplomatic efforts should reflect progressive ideology. In a special report on “DEIA Promotion” by the department’s advisory commission on public diplomacy, State evaluates “how U.S. missions adapt existing programs to DEIA principles,” which are to inform “all aspects of the Department’s policymaking as well as efforts to address barriers to opportunity for individuals historically and currently burdened by inequality and systemic discrimination.” Realpolitik, in other words, should give way to critical theory.

These efforts raise a critical question: Does gender theory advance the U.S.’s national interests? The answer appears to be no. But that is hardly an obstacle for State’s gender activists. They want to hang the rainbow flag throughout the benighted parts of the world. This mission trumps all others.

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This article was originally published in City Journal

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