Professional Documents
Culture Documents
The New Yorker - January 22 2024
The New Yorker - January 22 2024
22, 2024
Mitchell Johnson
Flea Street, Menlo Park / January–February 2024
Musée de la Villa les Camélias, Cap d’Ail / May 17–September 29, 2024
Brooklyn Bridge (Sunrise), 2023, 27 x 24 inches, oil on canvas. © 2024 Mitchell Johnson.
“In sharp contrast, Johnson’s paintings convey what I would call the serenity of self-possession—
the calm of mature self-certainty. Where Cezanne was a proto-modernist, making representational
works that were implicitly abstract, Johnson is a post-modernist, making abstract works that are
implicitly—often explicitly—representational. He is a master of both modes, seamlessly integrating
them to memorable effect, for memory at its most insistent is an abstract representation—an
aesthetic epiphany.” —Donald Kuspit, Whitehot Magazine
4 GOINGS ON
7 THE TALK OF THE TOWN
Jelani Cobb on slavery and the G.O.P. debates;
the old Trouser Press; the new duvet cover;
Clearview AI is watching you; Joan Acocella.
PROFILES
Carrie Battan 12 Detail Oriented
Jacqueline Novak’s precision comedy.
SHOUTS & MURMURS
Simon Rich 18 Millennial Fable
A REPORTER AT LARGE
E. Tammy Kim 20 Do No Harm
An addiction initiative in Oregon.
LETTER FROM ISRAEL
David Remnick 26 Hostages
As Gaza burns, Netanyahu clings to power.
PERSONAL HISTORY
Leslie Jamison 40 A New Life
The birth of a daughter, the death of a marriage.
FICTION
David Means 48 “Chance the Cat”
THE CRITICS
A CRITIC AT LARGE
Louis Menand 55 Can I.P. survive A.I.?
BOOKS
Rivka Galchen 61 What were witch trials really about?
63 Briefly Noted
James Wood 65 Hisham Matar’s “My Friends.”
ON TELEVISION
Inkoo Kang 68 “True Detective.”
THE THEATRE
Helen Shaw 70 “Prayer for the French Republic.”
POEMS
Gregory Pardlo 33 “Dragonflies”
Victoria Chang 52 “Night Sea, 1963”
COVER
Pascal Campion “Winter Sun”
DRAWINGS Jonathan Rosen, Ellie Black, Liza Donnelly, Elisabeth McNair, Robert Leighton,
Dahlia Gallin Ramirez, Jeremy Nguyen, Sofia Warren, Seth Fleishman, Will McPhail, Avi Steinberg, Charlie Hankin,
Lonnie Millsap, Sarah Kempa, José Arroyo, Amy Hwang, Julia Thomas SPOTS Elisha Cooper
CONTRIBUTORS
Leslie Jamison (“A New Life,” p. 47) has Carrie Battan (“Detail Oriented,” p. 12)
published five books, including “The began contributing to the magazine in
Empathy Exams” and the forthcom- 2015 and became a staff writer in 2018.
ing “Splinters.”
Jelani Cobb (Comment, p. 7), a staff
David Means (Fiction, p. 48) has writ- writer, is the co-editor of “The Mat-
ten several books, among them the novel ter of Black Lives,” a collection of
“Hystopia” and the story collection “Two writings from The New Yorker about
Nurses, Smoking.” race. He is the dean of the Columbia
Journalism School.
Victoria Chang (Poem, p. 52) is the au-
thor of, most recently, “The Trees Wit- E. Tammy Kim (“Do No Harm,” p. 27)
ness Everything.” This spring, she will has been a contributing writer at the
publish “With My Back to the World,” magazine since 2022.
a collection of poems inspired by the
art of Agnes Martin. Pascal Campion (Cover), a visual story-
teller, lives in Los Angeles and works
Adlan Jackson (The Talk of the Town, in illustration and animation.
p. 17) is a writer and a co-owner of Hell
Gate, a worker-owned online publica- Rivka Galchen (Books, p. 61) is a staff
tion covering New York City. writer. She most recently published the
novel “Everyone Knows Your Mother
Inkoo Kang (On Television, p. 68), a Is a Witch.”
staff writer, became a television critic
for The New Yorker in 2022. Gregory Pardlo (Poem, p. 33), a Pulit-
zer Prize-winning poet, is a visiting
Simon Rich (Shouts & Murmurs, p. 18) professor of creative writing at N.Y.U.
has written several books, including Abu Dhabi. His new book is “Spectral
“New Teeth,” a collection of stories. Evidence.”
Download the New Yorker app for the latest news, commentary, criticism,
and humor, plus this week’s magazine and all issues back to 2778.
THE MAIL unicorn
DOES THE PUNISHMENT FIT? blesome infidelity to the principle
of subjective fault remains—as does
In Sarah Stillman’s recent story, she the imposition of disproportionate
describes America’s draconian use of sentences that have no discernible
what has become known as the “felony- deterrent effect.
murder rule,” in which any participant Stephanie Classmann
in a crime committed as a group—for London, U.K.
instance, a robbery—can be prosecuted 1
for any death that occurs while the AU CONTRAIRE
crime is being carried out (“What
Makes a Murder?,” December 18th). In Natan Last’s delightful and illumi-
Her piece takes up the case of Sadik nating essay on the ways that cross-
Baxter, who set out to steal from some word puzzles reflect—or fail to reflect—
parked cars with a friend and was the experiences of those who solve
promptly arrested. His friend fled the them, he touches on a tension that
scene in a vehicle, ran a red light, and crossword constructors understand all
killed two cyclists. Even though Bax- too well (“Rearrangements,” Decem-
ter couldn’t have been expected to fore- ber 25th). No two solvers share the same
see these two deaths as an outcome of knowledge or vocabulary, yet, as this
his theft, he was charged with and con- magazine’s puzzles-and-games editor,
victed of first-degree murder. He’s now Liz Maynes-Aminzade, has noted,
serving a life sentence without parole. those who prepare crossword puzzles
The felony-murder rule has a place inevitably rely on a belief in some kind
in criminal jurisprudence: armed par- of canon or common culture. Last cites
ticipants in, say, a bank robbery typi- an analysis by Charles Kurzman and
cally understand that a death may ensue Josh Katz, from 2016, that found that beauty, honesty,
from their actions. In such cases, it the modern Times crossword makes and deep strength, to boot?
makes sense that all are held account- substantially less use of international I used to think that was
able. But, in cases like Baxter’s, it’s clear references and languages other than too good to be true.
that prosecutors are failing to uphold English than it once did. Kurzman and
but ever since I have
the ethical standards of their profes- Katz interpret this trend as evidence
sion; it is the duty of a prosecutor not of increasing parochialism. In fact, it come to know you,
to convict but to insure justice. Prose- may be a sign that the Times crossword I think I could believe in
cutors have a degree of discretion in has become more inclusive. The de- a unicorn, too.
how they file charges, and they should cline in non-English clues and answers
refrain from using the felony-murder is driven largely by the waning pres-
rule in cases where a reasonable per- ence of French and Latin, two lan-
son couldn’t foresee the death of a guages that Americans primarily en-
human being as an outcome of the counter in the raref ied spaces of
criminal activity. academia. A shift away from foreign
John Polifka languages could well be part of an ef- Find the perfect color for
Mapleton, Iowa fort to make the crossword accessible Valentine’s Day at glassybaby.com
to a broader audience, a mission that
Stillman writes that after the U.K. Will Shortz, the Times crossword ed-
abolished felony murder, in 1957, most itor since 1993, has long championed.
other Commonwealth nations fol- Jack Maurer
lowed suit. A notable exception is Aus- Huntsville, Ala.
tralia, in which statutory variations of
felony murder—often referred to as •
“constructive murder”—exist in all six Letters should be sent with the writer’s name,
states. These variations tend to limit address, and daytime phone number via e-mail to
the application of the old common- themail@newyorker.com. Letters may be edited
for length and clarity, and may be published in
law rule by specifying the nature and any medium. We regret that owing to the volume
gravity of the base offense, but a trou- of correspondence we cannot reply to every letter.
made by hand in the USA
DANCE | In recent years, many choreographers
have been presenting their works as acts of
GOINGS ON healing. Ronald K. Brown has been doing some-
thing similar since he founded his company,
JANUARY 17 – 23, 2024 Evidence, nearly forty years ago. But, where
much of today’s trendy work is self-involved,
Brown’s dances bring succor to the audience.
The means are musical and kinesthetic, an irre-
sistible blend of African and American modern
dance that lifts the spirit. A good example is his
2001 work “Walking Out the Dark,” the center-
What we’re watching, listening to, and doing this week. piece of his current season. Two couples face off
in bodily arguments, get showered in dust, then
find reconciliation, as the music traces a path
Among the accomplishments of the intrepid pianist and composer Ryuichi from the American South to Cuba to Africa.
Sakamoto—who died in March of last year, at the age of seventy-one—was It’s diaspora in reverse.—Brian Seibert (Joyce
his work with Yellow Magic Orchestra, in the late seventies and early eighties, Theatre; Jan. 16-20.)
which greatly influenced electronic music and hip-hop. His curious solo SOUL | The soul duo Black Pumas surfaced out
pursuits spanned pop and ambient, the worldly and the avant-garde; his film of nowhere when it scored a surprise Grammy
scores earned him an Oscar, a BAFTA, and a Grammy. As the 2024 Winter nomination for Best New Artist in 2020, and
then, a year later, crashed the Record and Album
Jazzfest comes to a close, the artist’s life and legacy are commemorated in a of the Year categories. Its odd-couple mem-
concert, at Roulette on Jan. 17, featuring the Sakamoto Tribute Ensemble, DJ bers—Eric Burton and Adrian Quesada—have
Spooky, and the experimental performer Yuka C. Honda, along with special a provincial origin story: seeking a singer, Que-
sada put out feelers for talent in Austin, turning
guests, raising funds for the Trees for Sakamoto foundation.—Sheldon Pearce up the unknown Burton, and they worked out
their material weekly at a local bar. Fittingly,
their stirring, ageless music sounds juke-joint-
tested and stage-ready, tender yet massive. The
duo is joined by the reunited nineties jazz-rap
outfit Digable Planets, which shares its affinity
for dusting off vintage sounds.—Sheldon Pearce
(Radio City Music Hall; Jan. 19.)
first meet in the fifties during Joseph Mc- Precipice.” Franz Welser-Möst conducts performance space, Life World, the deadpan
Carthy’s Lavender Scare, when the far-right the Cleveland Orchestra, one of the coun- Mills Weiss re-creates a (putative, hilariously
senator sought to purge not just Communists try’s best, in two concerts (Jan. 20-21); of terrible) crowd-work standup routine—he of-
but gay men and women from government special note are pieces by Ernst Krenek and fered one theatregoer “a choice between two
service. Bailey, in particular, lends a winsome Anton Webern, whose elusive, atonal music continuums or a binary”—as Mounsey gives live
unpredictability to the period romance, which was deemed “degenerate” art by the Nazis. critique. The audience laughs, but eventually we
is most interested in exploring how these Two days later, the Philadelphia Orchestra, realize that we’re participating in a wake for a
characters respond to the historical circum- led by Yannick Nézet-Séguin, broadens the theatre. The two chief mourners barely register
stances—and, gradually, social progress—that impression of Weill as a composer of darkly us. For them, we become another sound effect,
arrive just in time for some, and much too satirical stage works, with his elegantly air- there to approximate, for a moment, the sound
late for others.—Inkoo Kang (Reviewed in our borne Symphony No. 2 (Jan. 23).—Oussama of a vanished room.—Helen Shaw (Performance
issue of 11/6/23.) (Streaming on Paramount+.) Zahr (Carnegie Hall.) Space New York; through Jan. 18.)
ground beef is smeared into lace-edged with Autocrat-brand coffee syrup, sweet
flatness on a searing-hot griddle—can be and bitter); the latter two can be topped
ordered “all dressed,” with melty Ameri- with seltzer for a very decent egg cream.
can cheese, diced onion, a few dill-pickle The best seats in the house are at the
PHOTOGRAPH BY AMY LOMBARD FOR THE NEW YORKER;
tion slavery. With typical self-satisfac- ery is not the only element of nine-
tion, Trump noted, “I’d say ‘slavery’ is teenth-century politics to have resur-
sort of the obvious answer, as opposed faced as a matter open to debate.
to about three paragraphs of bullshit.” Earlier this month, the Supreme
This particular problem with the past Court agreed to review whether, under
is not a new one for today’s Republicans. Section 3 of the Fourteenth Amend-
Governor DeSantis called Haley’s reply ment, Colorado’s Supreme Court is jus-
an “incomprehensible word salad,” and tified in barring Trump from appearing
THE NEW YORKER, JANUARY 22, 2024 7
on the ballot in that state’s Republican cost some seven hundred thousand lives. would have disenfranchised nearly two
primary, on the basis of his actions re- The Thirteenth Amendment abolished and a half million Georgians who had
lated to January 6th. In December, the slavery in most circumstances. The Fif- cast their ballots for Biden.
state’s Supreme Court found that it is, teenth Amendment enfranchised Black Nonetheless, Haley, DeSantis, and Ra-
but put its ruling on hold to give the men, implicitly creating a bloc of voters maswamy all said in recent weeks that, if
higher court time to weigh in. Section 3 to counterbalance the power of former elected, they would pardon Trump if he
prohibits the holding of office by any- Confederates in the South. Section 3 of is convicted of any of the federal felony
one who has taken an oath to support the Fourteenth makes explicit the Re- charges he is fighting—including those
the Constitution but “engaged in insur- publicans’ concerns about the potential related to January 6th. This suggests that,
rection or rebellion against the same.” threat posed by former insurrectionists. for all the controversy surrounding the
Shenna Bellows, the Maine secretary of The third anniversary of January 6th answer, the audience member in New
state, came to the same conclusion as fell in the same week that Trump’s law- Hampshire may have asked the wrong
the majority on the Colorado court, and yers made their bid to have the Supreme question. The pertinent issue now is not
barred Trump’s name from appearing Court keep him on the Colorado bal- what caused the Civil War but what we
on ballots in her state. More than a dozen lot. Their argument holds that the state should have learned from it. January 6,
other states are considering similar ac- Supreme Court’s ruling will “unconsti- 2021, is not an equivalent date in our his-
tions; oral arguments in the Colorado tutionally disenfranchise millions of tory to April 12, 1861, but the radical Re-
case will be heard on February 8th. voters.” It’s a rich objection, given that publican leaders who lived through the
The Fourteenth Amendment, rati- Trump is contesting a racketeering in- Civil War understood a principle that has
fied in 1868, is, like the Thirteenth and dictment in Georgia for, in essence, at- been lost on their successors: that, if en-
Fifteenth Amendments, a product of the tempting to do exactly that. Had his trusted with power, leaders who commit
period when the Republican Party was efforts to get Secretary of State Brad assaults on the national government once
fixated on preventing another disastrous Raffensperger to “find” him nearly twelve may well attempt to do so again.
insurrection like the one that had just thousand votes been successful, Trump —Jelani Cobb
INK hicle for the incursion on these shores more than thirty thousand records, al-
DO IT YOURSELF, BABY of Brit genres, like prog and New Wave, most a third of them vinyl LPs. Here
that the critics and radio programmers and there on the walls were old Trou-
initially snubbed. For a while, he worked ser Press covers and correspondence.
part time, too, at a microphone-import- “That’s a letter from Joan Jett tell-
ing company (“I was cleaning spit out ing me to go fuck myself,” he said. He
of Stevie Wonder’s microphone, basi- had dissed her guitar playing. Jett’s re-
cally,” he said the other day), but by 1978 sponse read, in part, “I guess that puts
Icalnoldengineering
1974, Ira Robbins was nineteen years
and pursuing a degree in electri-
at Brooklyn Polytech-
Trouser Press was his main gig, with a
midtown office and a salary of twelve
thousand a year. He also began produc-
me in the company of Brian Jones, John
Lennon, Greg Kihn, and Bruce Spring-
steen. Thanks!”
nic, because he wanted both to be a radio ing exhaustive record guides, compiling There were letters from Pete Towns-
engineer and to avoid having to read or capsule reviews of every album in the hend (“Nearly 24 things you should
write in school. But, as an obsessed and New Wave firmament. (The final record
information-starved fan of a bunch of guide came out in 1997. Enter Internet.)
then underappreciated British rock bands, The magazine’s run, meanwhile, lasted
he got the itch to launch a fanzine. His a decade. In 1984, amid the stress of a
father, an old lefty, had a mimeograph divorce and the arrival of MTV (“We
machine at the family’s Upper West Side were writing about those bands but didn’t
apartment, and Robbins and some friends love them”), he threw a party at Irving
used it to produce about three hundred Plaza, with the Del-Lords, Jason and the
copies, twenty-four hand-stapled pages Scorchers, and the Planets, then stopped
each, of a publication he christened publishing. “The minute we went out of
Trans-Oceanic Trouser Press, after a 1968 business, we heard about how everyone
song by the Bonzo Dog Band: “Do the loved us,” he said. Rolling Stone, in an
trouser press, baby!” They hawked them uncondescending farewell, credited Rob-
outside a Rory Gallagher show at the bins and his colleagues with the creation
Academy of Music, for a quarter a pop. of “something as undeniably romantic
With their pockets full of change, they as a pop-rock underground.”
decided to do it again. There would The other day, Robbins, now on the
be writing. verge of seventy, was in the basement
Trouser Press, as it came to be called, of his Park Slope brownstone, encaved
soon became a scrappy yet integral ve- by his music collection: shelves holding Ira Robbins
8 THE NEW YORKER, JANUARY 22, 2024
know about the Oo”) and Peter Wolf patented a similar design; he paid fifteen
(“I know at times you probably wanted
1
BRAVE NEW WORLD
thousand dollars to buy her out. (She had
THE COMFORTER CONUNDRUM
to hit me over the head with a big initially asked for six figures. “At which
hammer”), and a Trouser Press gag lam point I said no,” Eisenberg said, “and
pooning a famous National Lampoon ‘How important is the patent?’”) He and
cover: “Buy this kitten, or we’ll kill this Teli began collaborating over Zoom as
rock star.” Next to it was a note from he learned about subjects like zippermak
the rock star in question, Patti Smith: ers (YKK is the industry acme), flanges
“Ira , I bought the kitten myself.” (little overhangs that hide said zipper),
In his office upstairs, Robbins had os Angeles is lousy with pitches— and cotton variations (they opted for Su
a vintage Oxford trouser press leaning
against a box of Velvet Underground
L unsolicited ideas proffered in eleva
tors, at buffet spreads, while waiting for
pima, a longfibre luxury type). Soon, to
the surprise of many in Hollywood, there
CDs. On his desktop, he opened a da the barista to brew a chagaccino. In re were prototypes for friends and family
tabase of all the live gigs that he has cent years, friends of Lee Eisenberg, an to test. “I felt like, if I have the fix for
ever attended. There was a time when Emmynominated writer (“The Office”) something, I can will it to be,” Eisenberg
he would see two hundred a year. He and creator (“Jury Duty”), had been worn said. “That’s so much of what producing
took it seriously. “I’ve never done down by his spiels on his latest proj is in Hollywood.” Previously skeptical
drugs,” he said. In the nineties, as the ect—a new kind of duvet cover. No more
popmusic editor at New York News- wrestling unruly comforters into floppy,
day, he cranked out reviews and fea restrictive sleeves with elusive corners,
tures. When he was hired, the paper Eisenberg promised. Heads nodded, but
made him take a drug test. “I didn’t eyes rolled, too. “Everyone acknowledged
know whether I was meant to pass it there was a problem,” he recalled re
or fail it,” he said. cently. “I don’t know that anyone ac
Robbins has been planning a party knowledged I was the person to fix it.”
at Bowery Electric, in March, for a Eisenberg has now sold hundreds of
fiftiethanniversary compilation titled toldyouso’s, at almost two hundred
“The Best of the Trouser Press,” which bucks a pop. While traditional duvet
he hopes will also draw attention to covers open on one side, requiring a bed
his recent resuscitation of the name, as maker to awkwardly slide a comforter
a small imprint called Trouser Press through a single entry slot, Eisenberg’s
Books. “It’s selfpublishing, with a lit Nuvet unzips on three sides. He likens
tle cachet,” he said. Stranded at home the situation with traditional duvetcover
during the pandemic, having just re design to “having two pieces of bread
tired from a job in syndicated radio and trying to smush the meat in, or the
news, he found that his labors became tomatoes.” He pressed his palms together
retrospective. “I have the mind of an horizontally to illustrate. “That’s a re Lee Eisenberg
accountant,” he said. “I inventoried my ally stupid way of making a sandwich.”
record collection, and then I did an an The Nuvet, he said, is openfaced. associates were won over. “There was
thology of my writing.” The anthol The burgeoning bedding magnate kind of a delighted glee,” he said. “Like
ogy, “Music in a Word,” fills a thou was seated at his Studio City desk at an if your dentist started a hotdog stand,
sand pages and three volumes. He had other new job, producing a yettobe you’d be, like, Oh, that’s surprising.”
already selfpublished two novels: “Kick announced Apple TV series. He has a The pursuit was not totally ex nihilo.
It Till It Breaks,” a satire of sixties rad mostly silver beard and wore an olive Eisenberg’s father, an Israeli immigrant,
icals (“I was part of an organization I polo shirt. Behind him, multicolor push was an upstart children’s clothier in the
don’t want to talk about. It was Black pins dotted a naked corkboard. Part of Boston suburb of Needham. In high
Panthersadjacent”), and then “Marc his scattershot Nuvet pitch approach, he school, the younger Eisenberg belonged
Bolan Killed in Crash,” about a teen explained, had been to tell enough peo to an entrepreneurship club that ran a
age girl in glamera London. (“That ple about the idea that he would feel ob business printing companies’ logos on
didn’t sell, either.”) This became the ligated to follow through. “I also felt like pens and mugs; revenues reached fourteen
imprint’s anchor catalogue. Then he if I talked to enough people someone thousand dollars. (He was the top sales
started getting pitches from other writ would eventually say, ‘Oh, you should person.) “The Notes app on my phone
ers. He thought, Why not? He pub talk to my cousin, they own Bed Bath is filled with ‘Shark Tank’ ideas,” he said.
lished four new titles by others last & Beyond,’” he said. Close: One even Friends sometimes suggest he focus on
year, bringing the total to eleven. “I do tually connected him with Anum Teli, writing. “If I don’t have fifteen plates
say no a lot,” he said. “Either I don’t an entrepreneur whose family runs a tex spinning at once, I get antsy,” he said.
think it’ll be good, or else it’s too good tile factory in Pakistan, where the Nuvet Others lent this particular plate cru
for me.” is now made. cial support. Christie Smith, a Hollywood
—Nick Paumgarten Eisenberg learned that a woman had manager friend, suggested the Nuvet’s
THE NEW YORKER, JANUARY 22, 2024 9
portmanteau moniker. (“The new way your data’s being collected,” the architect
to duvet!”) Eisenberg’s wife, the journal-
1
LOOK AND LISTEN
said. “There should be a bigger sign.”
FACE TIME
ist Emily Jane Fox, devised the tagline: Macy’s has used Clearview AI, one
“Less struggle, more snuggle.” (He calls of the subjects of Hill’s book. (Popular
her Nuvet’s “shadow C.O.O.”) Famous Google searches involving the firm in-
pals and collaborators—Brie Larson, clude “Is Clearview AI banned in the
Mindy Kaling, Rainn Wilson—pitched U.S.?,” “Does Clearview AI have my
in with free promo on social media. photo?,” “Does the F.B.I. use Clearview
“Hold on,” Eisenberg said. His phone AI?”) A 2020 data breach at Clearview,
had dinged—an alert from Shopify, the e’re being watched. But when, which was founded, in 2017, by two men
sales platform he uses. “I just got a sale!”
he announced. A king-size white Nuvet
W and by whom? Kashmir Hill, the
author of the new book “Your Face Be-
who met at the Manhattan Institute,
helped reveal that Madison Square Gar-
had been ordered in the Tampa area. longs to Us,” took a walk around mid- den and thousands of law-enforcement
“It’s nice to see the fruits of your labor,” town the other day, to check out a few agencies had used the technology, too.
he said. businesses that routinely capture visitors’ Hill’s next stop was the Moynihan
A demonstration was arranged via biometric data. She wore a red coat and Train Hall, in Penn Station. On the way,
Zoom. At his house in Los Feliz, Eisen- white boots, and her hair was a faded she noticed an N.Y.P.D. security cam-
berg showed off a navy model (the Nuvet purple. First up: Macy’s Herald Square. era on a street-light pole. “There’s some
also comes in sea-foam green), spread “Let’s see if Macy’s is still collecting face- things we allow businesses and compa-
across his bed. The corners were turned recognition data,” she said. Businesses nies to do that we’re pretty uncomfort-
up to reveal a white comforter placed that do so are required by city law to post able seeing government actors do,” she
neatly inside. He prepared, with detect- signs alerting visitors. She’d noticed, ear- said. “If the government scraped all our
able pride, to zip it shut. “It’s hard to do lier, that the store’s signs were “very af- photos and created this massive face-
with one hand,” he conceded, and put fixed to their walls.” One in an entrance recognition database, we’d probably say
the phone down. Twenty seconds later, vestibule, below an inflatable reindeer, that seems unconstitutional. But a pri-
the Nuvet was closed—struggle-free and stated that Macy’s “collects, retains, con- vate company does it and the govern-
snuggle-ready. How long had it been verts, stores, or shares customers’ biomet- ment just buys from them.”
taking him to put on traditional duvet ric identifier information.” At the station, she met up with James
covers? “Like four, five minutes,” he said. Inside, Hill approached a member of Mermigis, a lawyer representing two
Hopefully, he explained, the Nuvet will the store’s red-blazered security staff, Madison Square Garden employees
become as synonymous with a big cot- who affirmed that the cameras deter who were fired for not complying with
ton sack as Kleenex is with tissues. He shoplifters. Nearby, a shopper wearing a vaccine mandates. Together, they walked
showed off one of his favorite features: gray puffer noticed a camera overhead, over to the Garden. They had tickets
a pair of internal tags reading “Feet Go and Hill began chatting with him. “If to a concert by the 1975, but they had
Here,” to help users properly orient their the costs aren’t getting passed down to no intention of watching the show.
bedding. “I wanted to make it as dummy- us, do you give up a little freedom for “I’ve never even heard of the 1975,”
proof as possible,” he said. “Basically cheaper prices?” the shopper asked. Next, Mermigis admitted. “I had to Google it.”
meaning, for me.” Hill engaged an architect from Brook- They were there on an undercover mis-
—Dan Greene lyn about the issue. “You don’t know that sion. The Garden’s owner, James Dolan,
has been using facial-recognition soft-
ware to screen for lawyers who are en-
gaged in legal cases against his compa-
nies, barring them from his venues. In
the most high-profile ejection, a lawyer
chaperoning her daughter’s Girl Scout
troop to see the Rockettes at Radio City
Music Hall was forced to sit out the show.
Another man, whose twin brother is a
lawyer, was recently forced to show I.D.
before taking his seat at a Knicks game.
“I think the idea was, if you punish
the lawyers, maybe they don’t drag the
lawsuits out for years,” Hill said. “I was
shocked by how many lawyers want to
get into M.S.G. They’re all trying to go
to Phish shows.” Hill tried to get in the
Garden another time, with a banned law-
yer, and the lawyer was turned away. (Re-
“Can you explain this gaping hole in your résumé?” cently, M.S.G. was the subject of a pro-
posed class-action lawsuit alleging that on. A little over a year ago, I hoped to cle, like an enraged doughnut.” She put
the company “is weaponizing its facial review a book on Chaucer’s Wife of David Remnick in mind of both Vir-
recognition technology system and the Bath. No dice; Joan had claimed it. An- ginia Woolf and the hardboiled sports-
consumer biometric data it collects to noyance at not being able to write writer Heywood Broun. Naturally, Joan
intimidate actual and prospective liti- turned instantly to gladness at being described her own style best. “I like a
gants and their attorneys.”) able to read. Now I am doubly glad. little sand in my oyster,” she said—a
Hill and Mermigis shuffled through Joan died last weekend, at seventy-eight, motto to live by.
the Garden’s metal detectors, under the from cancer; that essay was the last she Joan was born in San Francisco, grew
black lenses of security cameras, and published in this magazine. She her- up in Oakland, and planned to be an
approached the ticket-scanning kiosks. self might not have been so deferen- academic. She got her Ph.D. in com-
“This should be fun!” Hill said. tial. “Remember: if I do not get to re- parative literature at Rutgers, then be-
To her astonishment, they walked view it, I will throw myself out the came a critic, writing for the many in-
right in. Mermigis, slightly deflated, lo- window with a note pinned to my chest stead of the few. There is an idea that
cated a security guard. “Do you use fa- saying that this was all your fault,” she criticism is about the passing of judg-
cial recognition?” he asked the man. once wrote to an editor, of a history of ment. Joan told Leo Carey, her last ed-
“Yeah,” the guard replied. Mermigis tap dance. “Happy new year! May you itor at the magazine, that though she
confessed that he was one of the law- be rich and happy!” sometimes felt unsure of her writing, or
yers banned by Dolan. That humor was pure Joan. No writer her ability to keep doing it, she always
“Oh, you’re a lawyer?” the guard asked, was funnier, or more original. “Clang! knew that her take was the right one.
unsure what Mermigis was driving at. Clang! ” her essay on Martin Luther She certainly didn’t pull her punches.
“You’d have already gotten a call at begins; that is the sound of the ham- “I thought that if she didn’t stop grin-
this point, right?” Hill asked. mer nailing the Ninety-five Theses to ning at me, as if to say, ‘Ain’t we got fun,’
“Look, I don’t think you’re going to get the church. Her own sound was sin- I would run up onstage and strangle
targeted,” another guard said. “It’d prob- gular, in life as in print. If you called her,” she wrote of a dancer who dis-
ably just be a bigger lawsuit if you did.” her, as I often did while working with pleased her.
“So you’re saying that, because of the her as a fact checker, a decade ago, and But a good critic must be much more
lawsuit now, they’re not enforcing it then as an editor’s assistant, you got than a judge. She must be an alchemist,
anymore?” Mermigis asked. used to waiting out a dozen rings and transforming art and the experience of
“I don’t think so,” the second guard the answering-machine greeting—she it into words. That power was pure Joan.
said. “They’re only going to get in the screened the old-fashioned way—fol- It is what made her such a wonderful
headlines.” He winked and added, “We lowed by the sudden burst of that rich, writer about new and classic literature
didn’t have this talk.” deliberate voice picking the conversa- alike, reviving the obscure and recon-
Walking to the escalator, Hill theo- tion up midstream. (She might hang sidering the legendary. And it is what
rized that perhaps lawyers were only up just as suddenly to rush out to the made her such a great writer on dance,
banned from sporting events. (A spokes- movies with her partner, Noël Carroll, her big love, and on ballet in particular,
person from M.S.G. later said that dis- whom she liked to call “my boyfriend.”) an art that can seem forbiddingly inac-
crimination cases, like the one Mermi- Sarah Larson, who did transcription cessible to the nonspecialist. Here she
gis was pursuing, are exempt from the work for her back in the day, remem- is, at the end of that same Baryshnikov
ban.) Mermigis headed home. He was bers Joan swanning out from her bed- Profile, watching in astonishment and
planning to return for a Knicks game room mid-afternoon-nap in nightgown letting the reader watch along with her:
the following week. Hill decided to catch and eye mask to intercept a message
He rose like a piston; he landed like a lark.
a little bit of the show. It was her first from Mikhail Baryshnikov. “In him He took off like Jerry Lee Lewis; he finished
time at the Garden. there is simply more to see than in most like Jane Austen. From ledge to ledge of the
—Adlan Jackson other dancers,” she wrote in a Profile, dance he leapt, surefooted, unmindful, a man
1 to the point as ever. in love. The audience knew what they were
POSTSCRIPT On the page, her fabulous erudition seeing. The air in the theatre thickened almost
visibly. . . . By that time, we actually wanted
JOAN ACOCELLA was melded to a frankness that was so him to stop, so that we could figure out what
unaffected as to seem effortless. Actu- had happened to us.
ally—a very Joan word—simplicity is
hard work, and Joan worked hard. She The figuring-out was her challenge;
wrote her drafts in longhand and sent watching her do it was our reward. A
page proofs by fax. She liked her dic- good piece of criticism “should be
tion blunt, earthy, threaded with star- shapely. It should be deep as well as per-
new piece by Joan Acocella was tling touches of beauty. I laugh when I sonal,” Joan said. “If we achieve it, our
A reason enough to cancel plans.
What had she chosen to tackle this
read her description of the puppeteer
Basil Twist’s abstract “Symphonie Fan-
work will be no more in need of defend-
ing than a poem or a novel.” Joan
time? Balanchine? The Book of Job? tastique,” with “blue disks that bump achieved it. No defense needed—only
Harry Potter? Arsenic? There seemed into each other, like who the hell are gratitude, our thanks.
to be no subject that she couldn’t take you” and “something whirling in a cir- —Alexandra Schwartz
THE NEW YORKER, JANUARY 22, 2024 11
ber, might make her look like the high-
PROFILES school version of herself she explores in
the performance.
“Get on Your Knees” is a ninety-
DETAIL ORIENTED minute show about fellatio, a descrip-
tion that might make people assume
The precision comedy of Jacqueline Novak. that Novak is yet another raunch comic.
In fact, much of the performance is about
BY CARRIE BATTAN how insufficient the language around
sex can be. “I think the word ‘erection’
is a bit architectural for what’s happen-
ing there,” she says at one point. “I don’t
think anyone should go in that build-
ing. It’s not up to code.”
“For Jacqueline, the show is about
taking a very mundane, crude act and
whipping it into a cosmic frenzy,” the
comic John Early, who directed the live
version of the show, said. Fred Armisen,
the comic and actor, said, “It feels some-
how good-spirited—there’s nothing
mean in it. I really could bring my mom
without having to explain anything.”
Novak’s own parents have seen the show
dozens of times.
Novak’s longtime boyfriend, the comic
Chris Laker, said, “No one’s ever asked
me if it’s uncomfortable for me.” Laker,
whose personality is a mellow counter-
weight to Novak’s kinetic disposition,
has a dry affect. “If they did, I would just
be, like, ‘Whatever.’”
Most comics build hour-long sets
piecemeal, workshopping jokes in shorter
appearances, earning more stage time,
and eventually stitching their best bits
together. Novak, though, wrote “Get on
Your Knees” as a complete set, in 2017.
Then she sent out a call to her Insta-
gram followers, asking if any of them
he comic Jacqueline Novak wears notating each creative decision she made, would let her stage it for them. At a party
T the same outfit each time she per-
forms her solo show, “Get on Your
particularly as she anticipated taping the
show for a Netflix special. “I love sports
in Brooklyn, she performed for a room
of strangers. Laker warmed the crowd
Knees”: a loose gray T-shirt, jeans, and bras,” she said in front of a mirror in the up, and she did the show on a small
a broken-in pair of white-and-gray greenroom at the Cherry Lane Theatre, wooden platform that had been con-
sneakers. The clothes allow her a kind in the West Village, where she was doing structed by the hosts. Bigger venues in
of anonymity and neutrality, as well as a ten-week run. “But there’s this belief, Los Angeles and New York followed,
comfort. “Get on Your Knees” is part inherently, that I’m not supposed to be and by the time of the 2021 Cherry Lane
standup act, part coming-of-age story, wearing a sports bra. Do you know what run the show had attracted attention
and part philosophy lecture. It is also an I mean? It’s too athletic.” from such celebrities as Lucas Hedges,
athletic feat, so she often wears a sports Novak, who is prone to self-narration, Paul Thomas Anderson, and Emma
bra, a practical choice that nonetheless doubled back: “But then I’m, like, why Stone. The pop-music producer Mark
warranted extensive consideration be- do I feel the audience is owed a sepa- Ronson boasted on Instagram about hav-
fore a performance one evening in the ration of my breasts?” Novak is forty- ing seen it five times, and Sally Field vis-
summer of 2021. Novak had dedicated one, but she has a girlish face and a ited Novak backstage after a performance.
the previous four years to the show, but long-standing interest in elaborate skin- Novak has described herself as a P. T.
she was still tinkering, refining, and an- care rituals that, to an audience mem- Barnum figure who enjoys managing
every aspect of her travelling show. In
Her new Netflix special is part standup act and part philosophy lecture. the early days, she hired a publicity firm
12 THE NEW YORKER, JANUARY 22, 2024 PHOTOGRAPH BY JULIA JOHNSON
to help promote it, but eventually took about it—should it be one hour? Be- the phone to me one afternoon. “There
on those duties herself. For most of her cause that’s what the algorithm prefers.” is no constitution there. I’m dissolute,
runs, she has been in charge of coördi- Novak insisted that the show retain its or something. I was waiting for myself
nating her performances, with the help ninety-minute length. Advisers and col- to come into focus enough.”
of an intern turned assistant. On tour, laborators often reminded Novak and Backstage at the Cherry Lane in 2021,
Novak constructed the merchandise Lyonne that they were working on a Novak applied a light layer of makeup
stand herself, stocking it with “Get on comedy special, not a movie. “It’s in the and flat-ironed her hair, which is natu-
Your Knees” T-shirts and sweatshirts. fuckin’ word: ‘special,’” Lyonne said. At rally curly. She and her assistant reviewed
With the help of a friend, she even coded one point, Novak made her own edits the guest list. Every night, Novak pored
a contactless digital program for the at home on iMovie, experimenting with over the list of ticket holders to see who
show, “instead of paying someone three different types of shots. “I would see might show up. “My awareness of who’s
thousand dollars to do it,” she said. people be, like, ‘Why is this detail nec- in the audience has a profound effect on
“I’m texting with her, and she’s, like, essary?’” Lyonne said. “If you just give my internal experience,” she told me. “I
‘I’m buying digital billboards in Detroit!’” her a chance to explain it, it’s very hard found out this guy from my high school
Kate Berlant, who hosts the popular to not be seduced.” came last night.”
podcast “Poog” with Novak, said. “I’m, In the years between signing the Net- Much of the show centers on No-
like, ‘You’re insane.’ ” When Novak no- flix contract and releasing “Get On Your vak’s fraught quest to successfully per-
ticed that a new restaurant was opening Knees,” Novak has endlessly work- form a blow job in high school. She
on the same block as the Cherry Lane, shopped the show. The taping was de- tells the audience about how her field-
she tried to arrange a joint opening-night layed several times, in part because of hockey teammates encouraged the en-
event. She got no response. the pandemic but also because Novak deavor. At one performance, three women
“This is becoming true of everything wanted, she said, to “get on the road to who had played on the team sat in the
now: I want the details. Even with Net- have it in my bones to perform.” second row. This added a new layer of
flix,” she told me after she finished post- She started stitching together audio prospective humiliation for Novak.
production for the special, which will from every performance, broken down “Even though I reference things that
air later this month. She had insisted by joke, in an effort to determine which are my own life and literal, I’m, like,
on joining video editors and sound en- was the best version. This level of ‘How crass if someone from my town
gineers to audit their work and partic- exactitude isn’t unusual for her. For or my high school treats it as if I’m just
ipate in their processes. She had also Novak, even hunting for deals online talking about my life. Excuse you? This
asked to review the closed captioning. can take the form of a spiritual quest is art,’” she said. “Of course, it’s not their
Caitlin Hotchkiss, a Netflix develop- with high personal stakes. “Ten per job to be exactly what I think they
ment executive, said that in her six years cent is joyless,” she told me. “Ten per should be.”
at the company she had never fielded cent off is only meaningful in bulk.
such a request. “I’m not the artist who Don’t talk to me unless it’s twenty. You hame is the root of most comedy,
is, like, I just show up and do the thing,”
Novak said.
know when it’s, like, ‘up to twenty-five
per cent off’? The ‘up to’ is the biggest
Sshame’s
but Novak prefers to grapple with
more free-spirited and familiar
At Netflix, specials are pumped out insult. One item is twenty-five per cent cousin: embarrassment. Her mother,
rapidly; the postproduction process can off and the rest is three per cent off. Naomi Novak, told me that one of her
be executed in less than a month. (No- It’s devastating.” daughter’s first words was “embarrass-
vak’s took five months.) She told me I first began corresponding with ing.” “It’s so ’barrassin’,” she would say.
recently, “I always anticipate friction, Novak in the spring of 2020, during the In “How to Weep in Public,” a memoir-
because when you feel like you’re being depths of lockdown, just after she had slash-self-help book that Novak pub-
a bad client or student . . . And then cancelled a tour for “Get on Your Knees.” lished in 2016, she wrote, “Even as a
people are amenable. And I go, Right, Our initial call took several attempts to newborn in the hospital, I tended to
I gotta remember that. Natasha really schedule, though neither of us had much turn away and bury my face.”
helped me a lot with that.” She was re- going on. Planning our second call, a Novak has two older siblings, and
ferring to the actress Natasha Lyonne, few months afterward, was even more she developed an early analytical streak
who directed the “Get on Your Knees” difficult. Novak takes a fine-tooth comb by observing them at home, in West-
special. (Lyonne had never met Novak to every social interaction, a habit that chester County, New York. Her mother
before seeing the show during an early makes for brilliant comedy but exasper- recalls watching Novak’s nursery-school
run at Dynasty Typewriter, in Los An- ating real-life exchanges. At one point, class through a window and noting that
geles, but she immediately asked who she confessed over e-mail, “im being a her daughter was completely silent;
would eventually direct the special.) little obsessive about being full of en- when she got home, however, she re-
Novak went on, “She was looking out ergy when we speak.” counted every detail she’d seen. One
for my creative interests in that way, By the time we spoke, we’d had so day, Novak’s teachers called Naomi in
when I might have been feeling the many interactions that I felt we had de- to discuss a conversation they’d over-
pressure of being a good student.” veloped a form of intimacy. “Waking up heard. A boy had asked Novak, “Does
Lyonne, who describes the show as in the morning, I was almost, like, I don’t your mother have a penis?” She’d re-
“a Swiss clock,” said, “We would talk know how to be profiled,” she said on plied in the same blunt but lyrical way
THE NEW YORKER, JANUARY 22, 2024 13
that she talks about sex in “Get on Your biglia, Nick Kroll, and John Mulaney. about the physical exercises she does;
Knees”: “No, she has a vagina. But hers (Birbiglia is an executive producer of she demands that her workouts have a
has feathers.” the Netflix special.) guiding principle or philosophy. “I need
Naomi’s father was a rabbi, and No- Novak hated the self-consciousness a bigger idea behind what I’m doing,”
vak’s paternal grandparents came from she experienced when performing. Her she told me.
Christian families. The clan delights in creative-writing courses, meanwhile, For a brief period in the summer of
mashing up the customs of both cul- gave her a sense of belonging, which 2022, depression caught up with Novak
tures. “We’re a family of analyzers,” her was worse—she was repulsed by the again. “The black dog’s got me,” she an-
father, Greg, said. ease she felt in that setting. Novak de- nounced to Berlant on an unusually
As the baby of the family, Novak scribes her time doing improv as a form sombre episode of their podcast, using
sought out attention in a “wholesome of masochism. She remembers telling an expression favored by Winston Chur-
way,” her brother, Jeff, said—by per- Mulaney, “‘You know how this is com- chill. (Novak once threw an event called
forming. In second grade, she played ing so easily to you that it’s not even a “depression carnival” and made a pa-
Gavroche, the swaggering young boy funny? You know what you’re fucking pier-mâché black dog for it.) Novak
from “Les Misérables.” (A clip of the doing, and you know you’ve got it. All went on to say that, in her desperation,
performance later aired on an episode you have to do now is be humble.’ she had even attempted to sign up for
of “The Tonight Show Starring Jimmy “I was almost, like, ‘You’re a coward! one of the podcast’s sponsors—the vir-
Fallon.”) By the time she was a teen- You do what comes naturally!’” she told tual-therapy service Better Help. She
ager, though, Novak’s theatrical streak me. “It was this feeling of, like, my road and Berlant joked about the questions
had receded, giving way to a more schol- is going to be longer.” on the intake form. “This is the most
arly and self-conscious nature. After college, Novak moved to New perfectly integrated, authentic ad,”
Around this time, Novak’s father York, where she performed standup in Novak said.
read “Think and Grow Rich,” the 1937 small clubs while doing copywriting During the following week’s episode,
book by Napoleon Hill and Rosa Lee for advertising agencies. She had strug- the black dog was still present. Novak
Beeland, which has been characterized gled with periods of depression for suspected that it had some connection
as “the granddaddy of all motivational much of her life, and her advertising to her glucose levels: “It has brought me
literature.” The book inspired Greg to job exacerbated the condition. One eve- to: O.K., it’s the blueberries. They spike
quit his corporate job to begin his own ning, Novak went to bed early to get a my glucose. They send me high and
freelance marketing business. In the good night’s sleep, only to wake up then bring me low.” Berlant, concerned,
process, he accrued a small library of twenty-eight hours later, having missed asked, “But then what do you have, then?
self-help tools, including a collection an entire workday. Fish oil, and . . . ?” Near the end of the
of Tony Robbins tapes. He often played She was fired from the advertising episode, Novak began to cry. “It’s not
the tapes in the car, and found an un- agency and moved back into her child- the depression—I don’t care about that,”
likely audience for them in his teen- hood bedroom in the suburbs to live she said. “I’m literally humiliated by the
age daughter. More recently, Novak out what she now frequently refers to fact that I’m someone who tries to be
helped her father start a podcast about as her “depression years.” For Novak, off bread, because it’s so ugly.”
Hegel, called “The Cunning of Geist.” a self-described former hypersomniac, Many of Novak’s best-loved early
In “Get on Your Knees,” Novak de- this period informs many decisions jokes were about food. In her appear-
scribes the scene in which that she makes today. She ances on late-night shows, she did a
her field-hockey teammates guards her physical and more generic form of comedy, with set-
urged her to get her first emotional energy fiercely, ups and punch lines, performing a kind
blow job out of the way. One and experiments with new of brash puncturing of delicate femi-
night, she recalls, they of- products and rituals to help ninity. “I love nachos, but I am done
fered her a beer and escorted her outrun the looming getting them in a restaurant with a group
her to her boyfriend’s house. spectre of depression. She of women as a shared appetizer,” she
“Sounds like peer pressure, sometimes follows a very said during a set on “The Late Late
the kind they warned us low-carb diet to regulate Show with James Corden.” “The mo-
about. I didn’t experience it her blood sugar and her ment that the nachos arrive at the table,
as such,” she says. “I expe- mood. She uses a machine the women are always surprised by the
rienced their pressure as called a “vitality swing” to size of the plate. . . . And I get sucked
support, because I was a young Tony quell her restless-leg syndrome. She’s into this farce. I start acting like I don’t
Robbins reader. I knew that if you tell tried a mountain of supplements, along know how to handle the nachos.”
people your goals you become more with THC gummies, past-life-regres- In 2014, Novak released a comedy
likely to achieve them.” sion therapy, astral projection, energy- album called “Quality Notions,” on
When Novak arrived at Georgetown, healing workshops, a Kundalini-yoga which she explored some of the mate-
in 2000, she decided that she would no DVD called “Dancing the Chakras,” rial that would later become “Get on
longer sit on the sidelines. As a fresh- and a drink that involves blending fro- Your Knees.” She then wrote “How to
man, she became part of an improv zen blueberries with an entire lemon, Weep in Public,” a humorous guide fea-
troupe whose alumni include Mike Bir- including the rind. She is particular turing “feeble offerings on depression
14 THE NEW YORKER, JANUARY 22, 2024
from one who knows.” In the book, she
encouraged fellow-depressives to let
themselves fall as deeply into the hole
as they can go. “While most books on
depression try to help you win the war,
this one is merely a cigarette in the
trenches,” she wrote.
Ultimately, it was antidepressants
that pulled Novak out of her post-col-
lege depressive fog. She moved back to
the city and began doing standup in
New York’s flourishing alternative-com-
edy scene, growing close with Berlant
and Early. Armisen caught a Novak set
at a benefit show and immediately began
to consider her as a future opener. “She
was talking about pizza, and how easy
it is to eat pizza,” he told me. “She says
things like it’s an observation she’s just
sharing with you personally. It felt a lit-
tle bit like she must have just thought “It’s an app where you can record all the acorns you try
of this right before she went onstage.” and also see what acorns your friends are eating.”
But Novak struggled to break
through. “Pretty much everybody who
was doing comedy at that time has seen
• •
Jacqueline do little five- or ten-minute
sets, and knows she’s brilliant, but, when said. “You’re supposed to be running titled “How Embarrassing for Her.”
you’re performing in little bars, you’re through the streams barefoot, not hav- Novak used crafty strategies to draw at-
doing sets for mostly drunk people who ing nostalgia for it as it’s happening.” tention to the show. She knew that Early
are not there in good faith,” Early said. In college, Novak spent a summer in had a fan base, and that if he was in the
“I’ve kind of watched Jacqueline spin St. Petersburg, Russia, participating in room people would show up. She pre-
her notions on deaf ears for so many a creative-writing seminar. There, she sented versions of the show where he’d
years.” Novak’s boyfriend, Laker, said bonded with Liz Phang, now a televi- sit onstage with her and, as a bit, offer
of the time, “I would be the one who sion writer, over the experience of vis- notes and feedback at the end of the
would always be, like, ‘I gotta go out iting Peter the Great’s cabinet of curi- performance. Eventually, this trans-
tonight! I gotta be around!’ She didn’t osities, which was filled with gruesome formed into a more formal director-per-
care about that stuff.” objects he’d collected in the eighteenth former relationship.
century. Phang remembers Novak im- One element of “Get on Your Knees”
MILLENNIAL FABLE
BY SIMON RICH
nce upon a time, around 2010 or for months. Meta had laid her off by
O so, there lived a hardworking ant
and a carefree grasshopper. The grass-
e-mail and all the skills she’d learned
in school had been automated by ar-
hopper was hopping to his heart’s con- tificial intelligence. Her 401(k) was
tent one sunny morning when the ant drained, and she was close to default-
trudged by, bearing a large load. ing on her student loans. In order to
“Why aren’t you hopping?” chirped make her monthly payments, she’d had
the grasshopper. “The summer is upon to move in with her dad and his girl-
us, and the days are meant for dancing.” friend in New Jersey, even though they
“I’m studying for the GRE,” said had a really small apartment and there
the ant. “And I strongly suggest you do was zero privacy, like none. Like, she
the same.” hadn’t seen them having sex or any-
“Why would I waste this sunshine thing, but she’d definitely seen things
toiling?” scoffed the grasshopper. “I that she wished she hadn’t, like bound-
was thinking, we should try Four Loko aries were blurring in the apartment
before it gets banned.” And then he about what was acceptable to wear in
shouted “YOLO!,” because it was during common areas.
that brief period of time when people “Got any coke?” she asked abruptly.
actually did that. “Not on me,” said the grasshopper.
The ant smiled smugly at the grass- The ant drained her champagne
hopper. “It may be summer now,” she flute, then his. “I can’t believe this is
cautioned. “But winter will soon be my life,” she said, staring at her claws.
upon us. Failing to prepare is prepar- “I did everything I thought I was sup-
ing to fail.” And, with that, she marched posed to do. While everyone was hop-
into a Starbucks to practice analogies. ping, I was foraging and gathering
The ant went on to graduate school, and interning . . .” She shook her head
where she diligently gathered useful slowly, a far-off look in her eyes. “This
skills like coding and statistics. The morning, I saw my dad’s balls. He was
grasshopper, meanwhile, got work as a wearing a robe, but it was loose, and
barback and moved into a tiny nest in when he walked by the couch where
Bed-Stuy. By winter, he’d lost touch I’ve been sleeping, bam. There they
with the ant entirely, although for a few were. Like, can’t miss them, eye level.
years he would get spam e-mails say- Right in my face. His balls, man.”
ing she’d invited him to join LinkedIn. The grasshopper knew it was
Then, in 2024, the grasshopper ran impolite to ask, but he couldn’t help
into the ant at a wedding. There were himself.
LUCI GUTIÉRREZ
bags under her eyes and her antennae “How much do you owe?”
looked droopy. The grasshopper as- The ant hesitated. “Including
sumed she was tired from toiling, but undergrad?”
it turned out she’d been unemployed “Just tell me,” said the grasshopper.
“It’s probably not as bad as you think.” “What was that?” said the grasshopper.
The ant peeked through her claws. “We’ll see, motherfucker!” said the
“A hundred and sixty thousand dol- ant, cackling.
lars,” she whispered. The grasshopper was freaked out,
“Holy shit!” the grasshopper said, his but also intrigued. The ant was shak-
five eyes bulging. “That’s fucking crazy!” ing her thorax at him now, beckoning
“Who at this wedding do you think him closer with her pincers. He’d had
is most likely to have cocaine?” the ant a thing for her since they were hatch-
said. “The cockroach?” lings, but it had never occurred to him
The grasshopper looked around. to do anything about it. He told him-
“Yeah,” he said. “The cockroach.” self it was because he had no chance,
And so the ant marched over to the but maybe he’d just been lazy?
cockroach, and, while he didn’t have Some older fleas were staring, but
cocaine, he did have pills. the grasshopper ignored them and fol-
The grasshopper wasn’t sure what lowed the ant onto the dance floor, the
the moral of the story was. It wasn’t music pulsing in his ears. Before long,
“Work hard,” obviously, but it wasn’t he was spinning her around by the ab-
quite “Be lazy,” either. After all, it’s not domen, his four wings fluttering out so
like the grasshopper’s life had turned wide they enveloped them completely,
out great. Recently, he’d discovered a and all they could see was each other.
weird spot on his thorax, and because They woke up in the grasshopper’s
he had no health insurance he just nest in Bed-Stuy, their twelve limbs
went online for a few minutes and twisted in a sweaty knot. They awk-
self-diagnosed it as molting, and, wardly untied themselves, unsure what
though that’s probably what it was, to say. They knew they weren’t right
what if it wasn’t? for each other. It wasn’t their mis-
The truth was that all his friends matched personalities and genitals so
were struggling. The cricket’s band had much as their dim prospects for the
broken up. The moth had been drawn future. If they got together, they’d prob-
in by crypto and lost everything. The ably never be able to have offspring,
caterpillar had become so insecure be- or savings beyond what they could
cause of Instagram that she’d under- store in their digestive tracts. They
gone a total metamorphosis, enlarging weren’t young anymore; they had to
her wings to the point where she looked think about these things. Still, when
totally insane. The bee had moved into the grasshopper suggested breakfast,
a super-remote hive in the country, the ant said yes.
and, while he claimed it was a com- They ate standing up in the grass-
mune, it was obviously some kind of hopper’s messy kitchenette, then kissed
cult. He called the leader his queen, tentatively, brushing each other gently
and himself a drone, and the whole with their feelers. The ant rested her
thing just sounded like a Netflix doc- head on the grasshopper’s abdomen,
umentary waiting to happen. and he stroked her antennae as the sun
Their generation had been spawned shone through his tiny window.
with such high hopes and expectations. They had sex again, took a nap, ate
They were supposed to change the some fruit, and watched a movie. Then
world. Where had they gone wrong? they decided to go out, not to anyplace
The grasshopper was thinking about in particular, just sort of around. And
leaving the reception early when he as they inched across the vast sidewalk,
saw the ant shuffling toward him. He where the bike racks loomed so tall
could tell the cockroach’s pills had they seemed to touch the sky, the moral
kicked in. Her exoskeleton was slick of the story finally dawned on them:
with sweat, and her stinger was twitch- they were just bugs. They always had
ing in time with Bruno Mars. been. They had no control over the
“Let’s dance,” she slurred. world. They had no control over their
The grasshopper wasn’t in the mood, own lives. All they had was each other,
but when he started to say no she and not for very long. They reached
jammed a pill in his mouth. He tried for each other’s pincers. It was sum-
to spit it out, but it dissolved on his mer again, and this time they weren’t
tongue instantly. about to waste it.
itor, “You don’t have to sign in. No, I
A REPORTER AT LARGE don’t need to see your I.D.”
Harm reduction of this kind—pro-
viding drug users with supplies to pre-
DO NO HARM vent death and disease—has been prac-
ticed for decades. In this part of the
Oregon tried a more humane way to address addiction. Then came the backlash. country, though, it is newly prominent.
In November, 2020, Oregon launched a
BY E. TAMMY KIM historic experiment: the Drug Decrim-
inalization and Addiction Treatment
Initiative, known as Measure 110. Ap-
proved by fifty-eight per cent of voters,
it made Oregon the first state to de-
criminalize possessing small amounts of
illicit drugs. It also funnelled hundreds
of millions of cannabis-tax dollars to-
ward addiction treatment, housing, peer
support, and harm reduction. A citizen
panel that included people with “lived
experience”—histories of substance
use—would decide how the money was
spent. Programs in Black, Native, and
other “historically underserved” com-
munities would be prioritized. The law’s
overarching goal, according to Tera
Hurst, the director of the Health Jus-
tice Recovery Alliance, was to force “a
shift in attitude toward people who use
drugs and how we treat them.”
Activists argue that keeping drug users safe is more effective than arresting them. Measure 110 was inspired by a sense
of desperation: the drug war had failed,
Iin njoggers
the early months of the pandemic,
on the Bear Creek Greenway,
southern Oregon, began to notice
become a symbol of help. Some con-
tain primary-care clinics and food pan-
tries. Others, like Stabbin Wagon’s, dis-
and policing wasn’t curing people. In
2020, Oregon had the second-highest
rate of drug addiction in the country,
tents cropping up by the path. The tribute a more controversial kind of aid: yet it ranked nearly last in access to treat-
Greenway, which connects towns and safe supplies for drug users. ment. Fentanyl was flooding in and being
parks along a tributary of the Rogue Stabbin Wagon’s director, Melissa used alongside methamphetamine—
River, was beloved for its wetlands and Jones, pulsed with nervous energy, and becoming so prevalent that people ex-
for stands of oaks that attracted migrat- wore flip-flops and a T-shirt that read pressed nostalgia for black-tar heroin,
ing birds. Now, as jobs disappeared and “Nothing ends homelessness like hous- which seemed “bougie” by contrast. From
services for the poor shut down, it was ing.” With her was Samantha Strong, 2019 to 2020, opioid-overdose deaths in
increasingly a last-ditch place to live. a young activist with a green buzz cut Oregon increased nearly seventy per
Tents accumulated in messy clusters, and piercings. The two women—Stab- cent, and they have continued to rise.
where people sometimes smoked fen- bin Wagon’s only employees—opened Stabbin Wagon formed a few months
tanyl, and “the Greenway” became a by- the van’s doors to reveal plastic bins and before Measure 110 was passed. At the
word for homelessness and drug use. hanging compartments of inventory, time, Jones was raising a teen-age son,
On a popular local Facebook page, one neatly arranged and all free. There were running a resale business, and volunteer-
typical comment read, “Though I feel boxes of naloxone, needles of various ing with a mutual-aid effort that served
sorry for some of the people in that sit- gauges, cookers, pipes, fentanyl test free lunches in Medford’s Hawthorne
uation, most of them are just pigs.” In strips, soap, and hand sanitizer. Park. Many of the people she met there
Medford, the largest city along the trail, People arrived on foot, by bike, and were using alcohol and drugs, and those
police demolished encampments and by car. Jones and Strong greeted them who wanted to enter rehab faced long
ticketed people for sleeping rough. fondly, mostly by name. A young woman waits and bureaucratic hassles. Jones,
One September evening in Med- with a distant expression brought her who is in long-term recovery from al-
ford, a white cargo van belonging to a little dog; they’d been living on the cohol use, reasoned that she could at
nonprofit called Stabbin Wagon parked Greenway for years. A middle-aged guy least help them stay alive. “I dove into
near the Greenway, between an auto-re- who looked dressed for a hike called serious self-education about harm re-
pair shop and a Wendy’s. For unhoused out his desired items like a food order. duction,” she said. “The more I learned,
people across Oregon, cargo vans have Strong assured a skittish first-time vis- I was, like, ‘Oh, my God, this is the op-
20 THE NEW YORKER, JANUARY 22, 2024 PHOTOGRAPH BY RIAN DUNDON
posite of what we’re taught in recovery.’” told me afterward. “Complaining about lic-health department, requested fund-
Rather than trying to force abstinence, people using drugs or being homeless— ing, and Wolcott helped guide the ap-
harm reduction works to “meet people they’re upset about stuff that’s happen- plication. In her view, the biggest gaps
where they are.” Its proponents advo- ing anyway. It just wasn’t in their face.” in the system were medical: detox and
cate a basic rule—never use alone—and inpatient rehabilitation. Measure 110,
provide access to safe supplies. With the ortland—Oregon’s largest city, however, prioritized services that Med-
growing popularity of highly potent opi-
oids, harm reductionists have focussed
P and one of its most liberal and di-
verse—voted overwhelmingly in favor
icaid didn’t cover, such as harm reduc-
tion, housing, employment assistance,
on distributing naloxone, the “Lazarus of Measure 110, but in Medford the pol- and peer support. As she worked on the
drug,” to reverse overdoses. itics were more complicated. The city application, she tuned in to meetings
The approach took off early in the has about eighty-six thousand residents, of the citizen panel that made funding
AIDS crisis, when activists shared the most of them white; it is the seat of Jack- decisions, the Oversight and Account-
disinfection slogan “bleach and teach” son County, which is split politically, ability Council. “The way they talked
and risked jail time to hand out clean tilting Republican. During the national about treatment agencies was very dis-
needles. A large body of evidence now protests that followed the killing of respectful,” she said. “We know harm
supports the idea that it saves lives. Sy- George Floyd, hundreds of people wound reduction’s effective, but it’s an effective
ringe programs halve the spread of through Medford, yelling, “Black lives part of the continuum. You need to have
H.I.V. and hepatitis C; naloxone, when matter.” Jones was among them, and said the whole thing.”
distributed to users and their peers, that white supremacists came out to One former member of the O.A.C.
can cut overdose deaths by more than heckle the protesters. The scene was even described traditional treatment provid-
forty per cent. more fraught in Grants Pass, one county ers to me as “shame-based”; a current
But practitioners in small towns and over, where armed counter-protesters member said that inpatient treatment
rural areas tend to keep their work quiet, assembled under a giant American flag. “has very shaky outcome metrics.” Still,
to avoid being accused of enabling drug People working in recovery were used a great deal of money went to detox fa-
use. Jones decided to be loud about it. to navigating these political divides. Ev- cilities and to groups that provide inpa-
In Hawthorne Park, she went tent to erybody in Jackson County seemed to tient treatment. Wolcott’s consortium
tent with a blue Ikea bag laden with know someone who’d lost a job, a home, was granted nearly seventeen million
naloxone and syringes. That was how child custody, or a loved one to drugs. dollars. But the Oregon Health Author-
her organization got its name, she said: Sommer Wolcott, the executive direc- ity announced that the county BHRN
“They were, like, ‘Oh, it’s the stabbin’ tor of OnTrack, a treatment-and-hous- would have to accommodate another
wagon.’ I thought it was funny and cute.” ing nonprofit in southern Oregon, told member: Stabbin Wagon. Reactions
After Measure 110 passed, a friend me, “We’re all in this work for a reason.” ranged from annoyance to disbelief. Even
suggested to Jones that it might fund an Wolcott is an equable type with cropped some harm reductionists told me that
upstart organization like hers. She ap- dark hair and a preference for busi- Jones was giving the approach a bad
plied, and Stabbin Wagon was eventu- ness-casual attire, which in the Pacific name. Her voice-mail greeting started
ally granted nearly six hundred thou- Northwest qualifies as formal wear. After with a sweetly intoned “Hey, fuckers.”
sand dollars—enough to buy the cargo studying psychology in college, she man- On TikTok, she posted videos that trolled
van and to fill it with supplies. “I thought, aged a locked institution for minors, conservatives. One showed Stabbin
after I got the 110 money, it would solve many of whom had endured traumatic Wagon giving out naloxone at a drag
all my problems,” she said. Instead, Stab- childhoods with severely addicted par- show, set to a techno track with the lyric
bin Wagon became a local flash point ents. “I saw kids who didn’t have some- “The drugs are working.”
in the statewide debate over Measure 110. body who was safe,” Wolcott said. Later, Jones had her own feelings about
People blamed the law for an uptick in she worked with adults, and realized joining the BHRN. The local providers
public drug use. Billionaire donors helped that she was treating the people her were run by professionals who collab-
launch a repeal effort. Southern Oregon young clients might have become. orated with city hall and used terms like
First, a “patriot” media group known for Addiction is a disease with no single “pathways to desirable solutions.” Jones
supporting the Three Percenters mili- cure. Those seeking relief must navigate dismissed them as the “nonprofit in-
tia, made Jones and Stabbin Wagon a a twisty, spotty “continuum of care.” dustrial complex” and questioned their
frequent target, saying that their work There’s detox and transitional housing; methods, including mandatory urine
“creates all these piles of needles in our residential and outpatient rehabilitation; tests, which she considered inaccurate
parks” and “keeps people addicted.” peer support, meetings, and sponsors; and degrading. “Twelve-step, absti-
As the sun began to set over the counselling of all kinds; and medications nence-based programs didn’t work for
Greenway, an orange Camaro with such as methadone and buprenorphine. me,” she said. “I didn’t find stability that
tinted windows drove up to where Jones To coördinate services, Measure 110 re- way or healthiness and happiness.”
and Strong were working and lingered quired grantees to form a behavioral- As a matter of style, Stabbin Wagon
awhile before zooming off. Strong health resource network, or BHRN (pro- seemed more of a piece with Portland,
guessed that it was one of the right- nounced “burn”), in each county. New York, San Francisco, or Vancou-
wing activists who’d been harassing them In Jackson County, a consortium of ver, where harm reduction is embedded
online. “I’m not scared of them,” she seventeen providers, including the pub- in public policy. Last summer, I visited
THE NEW YORKER, JANUARY 22, 2024 21
Vancouver, whose Downtown Eastside said, “None of you give a shit,” before her Then, last August, Stabbin Wagon hosted
neighborhood is both a model of harm microphone was muted. The police soon an “H.I.V. testing party” and the police
reduction and a public bogeyman. At the mounted a sweep of a large tent commu- came looking for one of the participants,
office of the Vancouver Area Network of nity on the Greenway, and in the com- who they said was a teen-age runaway.
Drug Users, I met with an Indigenous ing months hundreds more people were Jones and Strong yelled in protest, and
harm-reduction leader and watched peo- forced out. With tents forbidden, some re- were arrested for harassment and interfer-
ple inject opioids under the supervision sorted to sleeping in the open, and on one ing with an officer. (Strong later resigned
of a peer. Since 2016, British Colum- frigid morning that December a young from Stabbin Wagon, in part because of
bia’s Ministry of Health has permitted man named Manuel Barboza-Valerio was that experience; Strong and Jones have
safe-consumption sites, funded alerts found dead, apparently of hypothermia. ongoing criminal cases.)
for dangerous batches of street drugs, “We’re responsible for this,” a city-council While Stabbin Wagon and its allies
and empowered doctors to prescribe member said afterward. “Manny’s death praised Measure 110 for limiting the
pharmaceutical-grade fentanyl and meth. is on us.” Still, the sweeps continued. role of law enforcement in fighting ad-
This has not put an end to overdoses— Jones is a self-described police aboli- diction, the Medford police felt unfairly
2023 was particularly deadly—but it has tionist, who argues that law enforcement constrained. At headquarters, I met
likely saved lives. On a Sunday evening, should be barred from responding to Richard Josephson, an officer of twenty-
I followed a team of firefighters as they substance use. Her view is informed by three years, who wore jeans and a short-
responded to opioid-related calls, hauling the recent history of police in southern sleeved shirt that revealed a mosaic of
oxygen tanks up the stairs of dim S.R.O.s. Oregon. A decade ago, the former sher- tattoos. From his desk, he reviewed sur-
A few times, they prepared to administer iff of Josephine County was reportedly veillance video of a footbridge down-
naloxone, but found that a friend of the involved with the Oath Keepers and town, which appeared to show a man
person overdosing had already done it. local militias. In 2019, Medford police selling drugs and others taking them.
Vancouver’s program was backed by and the Jackson County Sheriff’s Office “Users don’t care anymore,” he said. “I’ll
extensive research, but it was too radical were accused of mistreating a paraplegic drive a police car up to them, and they
for just about anywhere in the U.S. “I do man during his arrest: county-jail em- don’t even care.” Josephson took a per-
not believe the state of Oregon is ready ployees had stripped and slapped him. sonal interest in drug enforcement and
for safe-consumption centers,” Floyd (Lawsuits stemming from the incident treatment. “I grew up in a drug house,”
Prozanski, a state senator who represents are pending; neither Medford nor Jack- he said. “My mom still uses meth. I
Eugene, told me. In Jackson County, many son County would comment.) thought we were camping one summer,
politicians and traditional providers feared At events, Stabbin Wagon hands out but we were just homeless.”
that Stabbin Wagon was a forerunner of stickers reading “ACAB” (“All cops are bas- In September, 2019, the police depart-
such methods. They were willing to tol- tards”); online, it shares footage of police ment established a Livability Team to
erate harm reduction—the county itself using backhoes to clear homeless people’s patrol downtown and the Greenway, ad-
operated a limited syringe exchange— belongings. Other videos have shown out- dressing “concerns such as homelessness
but only to a point. Before Stabbin Wagon reach workers from fellow BHRN provid- and chronic nuisance houses.” Joseph-
came along, a supporter of the group told ers, which has stoked resentment. “A lot son, who helps lead the team, told me
me, “people were apologizing for having of people don’t know these organizations he liked that it had “this whole social-
to do harm reduction—they were main- work with the police,” Strong explained. services side.” Officers sometimes patrol
taining the status quo.” “When we post about that, people can the parks along with outreach workers,
be, like, ‘O.K., now I can make a decision who hand out phone numbers for treat-
utside Stabbin Wagon’s van near about whether to access their services.’” ment centers and emergency shelters.
O the Greenway, a lanky woman in
jean shorts pulled Jones aside. In a whis-
Strong told me that Jones’s assertive-
ness had attracted both allies and enemies:
But police also arrest unhoused people
for trespassing and evict them from tents.
per, she explained that the Medford po- “While it’s a blessing for people who are, What they don’t do much is appre-
lice had come to her tent and taken her like, ‘Fuck the cops,’ it also isolates you.” hend people for drugs. Measure 110 for-
belongings. She’d lost prescription med- In Medford, law enforcement is tightly bade police to arrest someone for car-
ication, among other things. “I’m so linked to city hall. The mayor is a for- rying small amounts of fentanyl, meth,
sorry,” Jones said. “The police used to mer police chief, and one of the council or crack, or for consuming those drugs
send notice of sweeps, but now they’re members is a corrections officer. Local in public. Instead, they were supposed
immediate.” She told the woman that officials rely heavily on Rogue Retreat, a to issue a ticket that requires the per-
she’d look into locating her stuff. charity that receives public funds to run son to either pay a hundred-dollar fine
In the spring of 2021, Medford passed an indoor shelter, a sanctioned tent site, or call a statewide hotline to discuss
a strict anti-camping ordinance, meant to and a tract of tiny houses—some of the treatment options.
remove homeless people from view. Of- only facilities for homeless people in the In the three years before Measure 110
ficers started giving people seventy-two area. When Jones heard allegations that took effect, the Medford police made
hours’ notice to evacuate, under threat of the director, a pastor, advocated for gay more than forty-seven hundred arrests
arrest. The city’s shelters were full, though, conversion therapy, she joined an effort on drug charges. In a similar period af-
and Jones was furious. During a city- to expose him, and he was subsequently terward, they issued approximately fif-
council discussion about the homeless, she fired. (He denies pushing the therapy.) teen hundred citations for minor pos-
22 THE NEW YORKER, JANUARY 22, 2024
session and made some two thousand morial: a bulletin board marked “We the risk of overdose, the authors wrote,
arrests for higher-level possession and Remember,” covered with handwritten Measure 110 might help to alleviate the
dealing. The lower total was caused notes. A video of dead family members problem. But if users couldn’t be picked
partly by less intensive policing during played on a loop. The host of the event up off the street, their activities became
the pandemic and partly by a lack of was Max’s Mission, a nonprofit run by far more visible. “People’s patience is
interest in ticketing drug users. “There’s Julia Pinsky, a former publicist. A de- wearing thin,” Haven Wheelock, who
no consequences to the hundred-dol- cade ago, Pinsky’s son Max started tak- manages the harm-reduction program
lar ticket,” Josephson complained. “They ing oxycodone after a car accident. Less at Outside In, in Portland, said. “I don’t
can’t pay the fine. What’s the point?” than two years later, he died of a her- want to downplay the moral injury of
One goal of decriminalization was to oin overdose. seeing such poverty and despair.”
replace police with peer-support work- On an elevated stage, Pinsky’s hus- In Medford, complaints about drug
ers. Wolcott considered this misguided band and daughter demonstrated how use overlapped with complaints about
and naïve. Drug users need “external mo- to administer naloxone: spray into nose, homelessness. “I don’t feel safe walking
tivators” in order to change their lives, breathe into mouth, wait. Many people around at night—and I’m from Balti-
she said. Josephson, too, argued that peo- gave testimonies of mourning and re- more,” Alyssa Bartholomew, a public
ple who might have detoxed in jail and covery. “I lived on the Greenway for defender, told me. “Hawthorne Park
opted for treatment were instead lan- three years,” a woman named Crystal used to be my kids’ playground. Now
guishing on the streets. At a taco truck said. “Fentanyl is a pandemic.” An em- there are needles and people who are
downtown, he pointed out a woman he’d ployee talked about naloxone kits funded homeless.” During the spring and sum-
arrested on possession charges who was by Measure 110, which Max’s Mission mer, residents asked officials at town
now clean and working for a charity. had used to reverse more than a thou- halls how they planned to handle peo-
There are certainly many Oregonians sand overdoses. Yet when Pinsky’s hus- ple “who don’t want help” and called for
who attribute their recovery to the band told the crowd to call local legis- more aggressive prosecution of “home-
criminal-justice system. In Grants Pass, lators to support the law, only a few less who vandalize and destroy prop-
I visited tent encampments with a peer- people clapped. erty.” Eventually, the city council passed
outreach worker who had been arrested Many Oregonians saw Measure 110 a resolution condemning Measure 110.
multiple times during her addiction; a as responsible for an increase in public Harm reduction, it said, had done “noth-
decal on her car read “#drugcourtssave- disorder, drug use, and overdose deaths— ing to help individuals overcome their
lives.” But just as many people told me which leaped from seven hundred and addictions,” and had caused drug par-
that their drug use got worse in jail. “I thirty-seven in 2021 to nine hundred aphernalia to proliferate in public places.
was incarcerated because of my sub- and fifty-five in 2022. In fact, a recent The backlash reflected broader anx-
stance use,” Brendon Kinzel, who until study by N.Y.U. found “no evidence of ieties about Measure 110. In many places,
recently worked at Medford’s Family an association” between decriminaliza- the law had funded fledgling groups
Nurturing Center, said. “Jail didn’t change tion and fatal-overdose rates in Oregon and encouraged existing providers to
me.” The county jail, in any case, was and Washington. The drugs in circula- do work that they’d never done before;
overcrowded, and there was a statewide tion were unusually lethal—and given about half the grantees were either brand
shortage of public defenders. that being arrested can actually increase new or very small. To incumbents, this
A criminal record entails its own ob-
stacles to recovery: debt, stigma, exclu-
sion from work and housing. In Port-
land, I visited the Miracles Club, a
nonprofit that primarily serves African
Americans. It was hosting a clinic on
an Oregon law that allows certain con-
victions to be expunged. At one table,
a lawyer named Emilie Junge sat with
a client, helping him fill out paperwork.
“I deal with people every day who have
long criminal records, and they want to
talk about their drug arrests—they’re
clearly traumatized,” Junge told me. “If
Measure 110 has done anything, it’s to
stop that.”
HOSTAGES
As Benjamin Netanyahu clings to power, his country pays a price.
BY DAVID REMNICK
T
o be vigilant—to live without she herself had “sinned” for her own role Zionists had been much too accommo-
illusions about the ever-present in dividing Israeli society. When she woke dating of the British, who ruled Mandate-
threat of annihilation—was a on the morning of the seventh and heard era Palestine, and too willing to negoti-
primary value at No. 4 Haportzim Street, the news of the catastrophic attack, her ate with the Arabs who lived there. “A
once the Jerusalem address of the Net- first thought was “You did this. You weak- nice end they are preparing for us,” Ben-
anyahu family. This wariness had an- ened the nation.” Now, she said, “the days zion wrote in a Revisionist publication.
cient roots. In the Passover Haggadah, of this government are numbered—that’s “That end is an Arab state in the land of
the passage beginning “Vehi Sheamda” obvious.” Naftali Bennett, a former Prime Israel.” His view of the enemy did not
reminds everyone at the Seder table that Minister, told me that Israel was experi- admit much humanity. “The tendency to
in each generation an enemy “rises up encing a self-defeating level of division. conflict is in the essence of the Arab,” he
to destroy” the Jewish people. “But the “In the past year,” he said, “Israel has been told a reporter in 2009. “The goal of the
Holy One, Blessed be He, delivers us tearing itself apart and its immune sys- Arabs of Israel is destruction. They do
from their hands,” the Haggadah con- tem became weak. Our enemy saw that not deny that they want to destroy us.”
tinues. Benzion Netanyahu, the family and attacked.” Any departure from territorial max-
patriarch and a historian of the Span- Since first gaining the Prime Min- imalism was anathema to Benzion. His
ish Inquisition, was a secular man. For ister’s office, in 1996, Bibi, as everyone three sons—Yonatan, Bibi, and Iddo—
deliverance, he looked not to faith but has called him since childhood, has been could have been left in no doubt about
to the renunciation of naïveté and the dismissive of any talk about the influ- where he stood. Ben-Gurion’s accep-
strength of arms. This creed became his ence of his family—“psychobabble,” he tance of the U.N. partition plan, in 1947,
middle son’s inheritance, the core of his once described it to me with a disdain- dividing the land between the Jews and
self-conception as the uniquely unillu- ful wave of the hand. Yet the power of the Arabs, was intolerable. Benzion con-
sioned defender of the State of Israel. his father’s guidance was never in doubt. demned his fellow-Revisionist Men-
That son, Benjamin Netanyahu, is When Benzion died, in 2012, at the age achem Begin when, at Camp David, in
now in his sixth term as Prime Minis- of a hundred and two, Netanyahu de- 1978, Begin negotiated the return of the
ter. Not even the state’s founder, David livered a eulogy that directly addressed Sinai to Egypt, in what became an en-
Ben-Gurion, held power longer. But his father, and spoke to the centrality during peace agreement. The Oslo Ac-
Netanyahu’s standing in the polls is dis- of his counsel: “You always told me that cords, signed in the nineties by Yitzhak
mal. Now seventy-four, he always cam- a necessary component for any living Rabin, were also an act of pathetic cre-
paigned on security, presenting himself body—and a nation is a living body— dulity. It was easy to imagine Benzion’s
as the one statesman and patriot who is the ability to identify a danger in response to Ehud Barak’s negotiations
saw through the malign intentions of time, a quality that was lost to our peo- with Palestinians over sovereignty, in
Israel’s enemies. Yet with the Hamas ple in exile; that is what you said. You 2000; Ariel Sharon’s disengagement
massacre of some twelve hundred peo- taught me, Father, to look at reality head from Gaza, in 2005; and Ehud Olmert’s
ple in southern Israel, on October 7th, on, to understand what it holds and to proposal, in 2008, to create a demilita-
he had presided over an unprecedented come to the necessary conclusions.” rized Palestinian state. Apparently, Ben-
collapse of state security. Benzion was an acolyte of Ze’ev Ja- zion was even critical of his son’s deci-
“Historically, Netanyahu will go down botinsky, the leader of the branch of right- sion to share sovereignty with the
in history as the worst Jewish leader ever,” wing Zionism known as Revisionism Palestinians over the West Bank city of
Avraham Burg, a former speaker of the (what was being revised was a Zionist Hebron. No one was vigilant enough
Knesset who long ago left the Labor Party agenda deemed insufficiently militant), to escape his contempt. Benzion once
and joined the leftist Hadash Party, told and it had been Jabotinsky who foresaw remarked that his son might make a
me. The fury at Netanyahu among cen- disaster befalling the Jews of Europe, fine foreign minister. Netanyahu was
trists and many conservatives is scarcely which, in 1938, he likened to a “volcano the country’s Prime Minister at the time.
less intense. Galit Distel Atbaryan, a hard- which will soon begin to spew forth its
line minister in Netanyahu’s government, fires of destruction.” In the Revisionist hen I visited Israel late last
resigned after October 7th; she later talked
of her “burning anger” toward him. She
view, the founding of Israel came, culpa-
bly, too late—too late for six million Jews.
W month, the first thing I noticed
was that the surface hustle of daily life
was hesitant to attack Netanyahu during Like Jabotinsky, Benzion believed that was back. In the first few weeks after
wartime, but, she told Israeli television, Ben-Gurion and other mainstream Labor October 7th, during my previous visit,
26 THE NEW YORKER, JANUARY 22, 2024
SOURCE PHOTOGRAPH BY SEAN GALLUP / GETTY
Disavowing blame for October 7th, Netanyahu “has an interest in never finishing this stage of war,” an Israeli critic says.
ILLUSTRATION BY ANDREA VENTURA THE NEW YORKER, JANUARY 22, 2024 27
in Gaza recently. Then, there’s Ron Der-
mer, an American-born political adviser
and loyalist whose father and brother
were both mayors of Miami Beach.
Netanyahu and Dermer are com-
fortable in the folkways of American
Republicanism. Dermer is sometimes
known as “Netanyahu’s brain” and, like
his patron, believes that American Pres-
idents (Barack Obama perhaps most
of all) tend to be mistily deluded about
the intentions of Palestinians, Hezbol-
lah, and, crucially, the Iranians. Biden,
like so many of his predecessors, has
a tortured history with Netanyahu,
whom he has sometimes found to be
self-righteous, condescending, and de-
ceptive. Although Biden initially em-
braced Netanyahu after October 7th—
and displayed so much empathy for
Israelis that many people here were
heard to say they wished he were their
Prime Minister—Netanyahu has since
shown cavalier disdain for American
efforts to minimize the horrific blood-
shed and destruction throughout Gaza,
prevent a second front in the north,
and convey support for the prospect
of two states.
• • At the Kirya, Netanyahu daily con-
fronts the subject of the hostages in
Israel was all but shut down; as hun- bombing raids on Iranian-backed mi- Gaza. Somehow, the hunger to bring
dreds of thousands of reservists left litias in Syria, Houthi attacks on Israeli them home is an expression of Israel’s
work and home to report for duty, ships in the Red Sea. The news on tele- basic purpose: to protect a people who
schools and businesses closed, and the vision carries panel discussions with had nearly been eradicated. Among the
roads were empty. Now everything is generals, intelligence officers, govern- many accusations being levelled at Net-
open and the roads are full. ment officials. Are Netanyahu and Pres- anyahu is that he failed a test of basic
But nothing is normal. Ask some- ident Biden starting to diverge? And humanity when he did not immedi-
one “Ma shlomcha?” (“How are you?”) what the hell is happening on Ameri- ately and publicly connect with the
and you will get a long silence or a sigh, can campuses? families of the hostages. (The Prime
as if to say, “Are you really asking?”Then Netanyahu usually works out of a Minister’s office maintains that Netan-
comes a wounded reply. People are quick surprisingly shabby office complex in yahu was supportive of the hostage fam-
to recount the nightmare they’d just central Jerusalem, but these days he is ilies from the start.) His more recent
had or the day’s gnawing anxiety. “I mostly holed up in the Kirya, a defense attempts at empathy have proved, to
have dreams that Hamas is at my door.” compound in Tel Aviv, where he leads many, utterly unconvincing. Recently,
“We all know someone—or we all know a five-member war council. Three of at a televised press conference, a re-
someone who knows someone—who the other four members have little love porter from Israel Hayom (Israel Today),
was killed or at war.” And then you hear for Netanyahu and would be happy to a newspaper established in 2007 by the
plaintive expressions of a lost sense of see him replaced: the defense minister, American casino billionaire Sheldon
security: “We are no longer Israeli, we Yoav Gallant, whom he temporarily Adelson to support Netanyahu, asked
are Jewish.” fired last year; Benny Gantz, a former the Prime Minister if he wore the “Bring
In cars and kitchens, people tune in chief of staff of the Israel Defense Forces Them Home” dog tags that are ubiq-
to the hourly newscasts on the radio, and a potential challenger, who is run- uitous now in Israel. At a tense earlier
which invariably begin with necrology: ning ahead of Netanyahu in the polls meeting with former hostages and their
short biographies of fallen soldiers. Then by almost two to one; and Gadi Eisen- families, Netanyahu had to explain that
come the reports of the Army’s prog- kot, another former I.D.F. chief of staff he had left his dog tag by his bed. One
ress in Gaza, tunnels discovered, Hamas and potential challenger, whose con- parent was having none of it: “You don’t
fighters killed, cross-border violence in nection with the Israeli public deep- put it on your neck because you’re
the northern Galilee with Hezbollah, ened when his son died in the fighting ashamed.” Now, on cue, he fished out
28 THE NEW YORKER, JANUARY 22, 2024
the dog tag he was wearing and dis- host of “Uvda” (“Fact”), a kind of Is- are now Israeli. In times of crisis, Jew-
played it to the cameras. raeli “60 Minutes,” told me one eve- ish Israelis often regard them with sus-
What is not especially visible on Is- ning over coffee in Tel Aviv. Dayan, picion. Who are they first? Loyal Is-
raeli television is the unrelenting hor- who has aired countless reports critical raeli citizens or Palestinian nationalists?
ror of Palestinian suffering in Gaza, of the Israeli government and military, Hassan Jabareen, the founder and di-
where more than twenty-three thou- allowed that a patriotic tone has over- rector of Adalah, a human-rights or-
sand people have been killed in three taken much of what appears on the air. ganization that takes up legal cases in
months, and an estimated 1.9 million “And when I come home and I say, ‘We defense of Palestinian Israelis, also lives
have been displaced. Only rarely do Is- have to know more,’ it’s hard for them in Haifa, and he told me this was the
raelis see what the rest of the world to care. We know our audiences are im- first time that the Israeli police have
sees: the corpses of Palestinian chil- patient with any kind of deviation from barred antiwar demonstrations since
dren wrapped in sheets by a mass grave; the mainstream. We interview people the Oslo Accords. His community
widespread hunger and disease; schools about October 7th—we are stuck on “doesn’t feel now that they have second-
and houses, apartment blocks and October 7th—and, after those atroci- class citizenship,” he said. “No, now it
mosques, reduced to rubble; people ties, we too often, understandably, lack is almost like occupation within Israel.
fleeing from one place to the next, on the empathy to see what is happening We are treated as enemies.”
foot, on donkey carts, three to a bicy- on the other side of the border. As an One statistic that disturbs many Jew-
cle, all the time knowing that there is Israeli, I felt so, too. As a reporter, I feel ish Israelis appeared in a recent survey
no real refuge from mortal danger. Gaza that we have to tell Israelis about the conducted by Khalil Shikaki, the head
is a presence on Israeli television mainly price being paid in Gaza.” of the Palestinian Center for Policy
through the dispatches of reporters When Palestinian citizens of Israel, and Survey Research. His poll found
embedded with the I.D.F. And they who make up twenty per cent of the that seventy-two per cent of respon-
tend to emphasize the experience of population, voice their political senti- dents in the West Bank and Gaza be-
Israeli soldiers—their missions, their ments on social media, the result can lieve that Hamas was “correct” to launch
clashes with Hamas fighters, the search be harassment, doxing, or even a visit its terror attack. Just ten per cent said
for hostages, the crisp pronouncements from the authorities. Many are repulsed that Hamas had committed war crimes.
of generals and officials helicoptering by what they are seeing on Israeli tele- The majority said they had not seen
in from Jerusalem. vision, in the light of what has appeared videos of Hamas fighters on their ram-
A disregard for the suffering in Gaza on media outlets based in the Arab page—the very sort of evidence of
is hardly limited to reactionary minis- world. “I can’t stomach it,” Diana Buttu, shooting, looting, and butchery ubiq-
ters or far-right commentators. Ben a human-rights lawyer who was once uitous in the Israeli media and in social-
Caspit, the author of a biography crit- a negotiator for the Palestine Libera- media feeds.
ical of Netanyahu, recently posted that tion Organization, told me. She lives Among Palestinians, particularly in
he felt no compunction about concen- in Haifa, a mixed city on the northern the West Bank and Gaza, there is a dis-
trating on the home front. “Why should coast. “Palestinians are so dehumanized. tinct reluctance to talk about, much less
we turn our attention [to Gaza]?” he They are not people. There is no sense condemn, the massacre of October 7th.
wrote. “They’ve earned that hell fairly, of what it means that twenty thousand Because so many of them have come
and I don’t have a milligram of empa- to disbelieve anything Israeli officials
thy.” When I asked Caspit about this, say, there is a reflex to discount reports
he replied that he was “pro-humanitar- of atrocities or hostage testimonies. As
ian aid” and a lifelong “peacenik,” but always in this century-long conf lict,
insisted that there had been, until Oc- multiple truths—the Hamas massacre
tober 7th, a “ceasefire” with Hamas. And and the Israeli bombardment; the in-
then, he said, they “crossed the border, stances of horrific rape by Hamas com-
came to our villages to loot, to rape, to batants in southern Israel and the kill-
kill, and to kidnap. So, as an Israeli, it’s ing of thousands of children in Gaza;
difficult for me to feel sorry now during Hamas’s eliminationist ideology and
this war while we are going on bury- are dead, half of them kids. It’s only Israel’s irreconcilable condition of being
ing five and seven soldiers a day.” He ‘We have to get Hamas.’ My neighbors both an occupier and a democratic
did not care about Gaza in “exactly the in Haifa don’t see or comprehend what state—cannot be taken in all at once.
same way that the British did not care is being done in their name.” To deal with every historical episode
about the Germans in World War Two Palestinian citizens of Israel are re- and contradiction, every cruelty, would
and the Americans about the Japanese,” quired to negotiate an enormously com- be to complicate one’s loyalties to the
he went on. “We were forced into this plicated identity. They are physicians, breaking point.
situation. We did not initiate it. On the nurses, teachers, and workers who speak Mustafa Barghouti, an independent
contrary, we initiated peace.” His is a Hebrew as well as Arabic and are in- politician in the West Bank, told me
common sentiment among Israelis. tegrated into Israeli life, and yet they he feels “sad for every person killed,
“You do see Gaza on TV, but not also live among ghosts, villages and Israeli or Palestinian,” but insisted that
enough,” Ilana Dayan, the longtime towns that were once Palestinian and the Western world was “talking only
THE NEW YORKER, JANUARY 22, 2024 29
about Israelis,” and rarely Palestinians. riod before going home. Pessach helped terrorists who found her by playing
“Hamas is the result of the occupation. care for nearly all of them. The hos- dead. They picked her up, threw her
They say Israel has a right to defend tages at the hospital ranged in age from in a car, and took her to Gaza, where
itself. Don’t Palestinians have the right four to eighty-four. None of them es- she was a hostage for fifty-four days.
to defend themselves?” Buttu, who said caped physical injury, abuse, or trauma. She was released in November.
she was “shocked” by the brutality of The hostages he saw were not raped, But there was one thing that Pes-
the Hamas massacre, explains that she he said, but sexually abused all the same. sach was focussed on now: “When will
is offended when Jewish Israelis ask (“Touched” was the word Pessach used.) the next group of captives come?” Or
her about October 7th. “They are wait- Some hostages were kept in tunnels would there be any at all? Numerous
ing for either a condem- equipped with holding sources had told me they were con-
nation or some sort of sen- cells; others were in apart- cerned that at least some remaining
timent, and it’s a form of ments. The Hamas guards hostages had been so badly abused that
dehumanization,” she told played incessant “mind it would not be in Hamas’s interest to
me. “It’s a questioning of games” with their captives, turn them over. “Every day that passes,
my moral fibre. I don’t ask Pessach said, separating I get more worried,” Pessach said. “I see
an Israeli about the fact parents from children for what captivity did over fifty days to the
that you are living in the extended periods to deepen elderly women we accepted, to the chil-
aftermath of the Nakba”— their anxieties and their dren. I’m really worried that those who
the Arabic word means sense of dependency. They are there will not come back or that
“catastrophe,” and refers to told hostages that they’d they’ll be in horrible shape.”
the mass dispossession of been forgotten by their gov- Pessach said he’d been watching in-
Palestinians during and after the 1248 ernment, that their towns had been de- terview shows on television in which
Arab-Israeli war. “Or about how your stroyed and their loved ones killed. former hostages described their expe-
father is a general who carried out Some, Pessach recounted, were informed riences. He worries that doing so might
crimes. It’s O.K. for them to question that they were being released and then hinder their recovery. “But I understand
your moral fibre, whereas I have never heard, “Oh, sorry, now you are staying.” why they are doing it,” he said. “They
done that to an Israeli.” Pessach witnessed deliriously happy seem to have no choice but to tell their
Hadas Ziv, the director of ethics and reunions, with hostages running into stories. They feel it is their duty to the
policy at Physicians for Human Rights the arms of their friends and families. others still in captivity.”
Israel, has worked for years defending Then he witnessed their more private
Palestinians in Israel and in the West grief-stricken “crashes” when they hat had been, until now, the most
Bank and Gaza. She advocates for the
rights of migrants, asylum seekers, and
learned that a parent or a neighbor had
been killed. And, for hours on end, he
W famous hostage crisis in the his-
tory of Israel was instrumental in Net-
prison detainees. Lately, she has been listened to their stories. “It is not dif- anyahu’s rise to power. On June 27, 1276,
involved in gathering publicly avail- ferent from the experiences that peo- two Palestinians affiliated with the Pop-
able testimony and forensic evidence ple have had in concentration camps,” ular Front for the Liberation of Pales-
about the sexual assaults committed by he said. “When you hear them talk tine and two Germans from a guerrilla
Hamas, and says that the evidence about conserving food or worrying group called the Revolutionary Cells
points to rape, in this instance, being about being alive in the morning or hijacked an Air France flight carrying
“a weapon of war.” (Hamas spokesmen worrying every time the door opens or some two hundred and forty passen-
have denied the accusation.) She has trying to figure out the slight differ- gers from Tel Aviv to Paris after a stop-
been condemned by Palestinians on- ences between the terrorists. Or wor- over in Athens. Intent on freeing Pal-
line who find her latest work to be ex- rying about what they say or if they can estinian prisoners in Israel and scoring
cessively “pro-Israeli.” dare to cry. I’ve heard testimonies over a multimillion-dollar ransom, the hi-
“This is part of what breaks my the years from Holocaust survivors, and jackers directed the flight to the En-
heart,” Ziv told me. “When I see Israe- the choices parents had to make.” tebbe airport, in Uganda. This was the
lis and Palestinians, I see twins, people He talked about a hostage in her era of the Ugandan despot Idi Amin,
who are alike in so many ways, mirror- thirties, Yarden Roman-Gat, from Kib- who sent soldiers to support the hi-
ing each other, yet they go on inflict- butz Be’eri, whose family was being jackers when they landed.
ing more and more trauma on each pursued by Hamas soldiers and had to As Israeli officials negotiated with
other to the point where we refuse to make an excruciating choice: she the hijackers, Mossad and various mil-
see each other.” handed her three-year-old daughter, itary commanders devised a rescue plan
Geffen, to her husband, Alon, because led by Sayeret Matkal, an élite special-
IovernPrime
2021, Netanyahu was voted out as
Minister after a dozen years;
time, his divisive rhetoric and ever-
categorically no. I had bigger fish to fry.
A NEW LIFE
Becoming a parent, ending a marriage.
BY LESLIE JAMISON
he baby and I arrived at our of Cheerios in the other. My baby When I was very young, I thought di-
id it matter that the Secret Service In this room, my loneliness doubles because the edges
D agent stationed on the corner on
that snowy night was Black? His job in-
of the painting are no longer white. The real blue looks
thicker than in the photos. The source of the blue is no
volved stopping anyone who came into longer here. What’s left, just the thick beauty in front
the neighborhood, to check them off a of me, the frayed edges like my filthy mouth for all to
list, to keep his zone secure. see. I still have my soul, but parts of it have begun to
migrate onto beautiful things, like this blue. I leave some
• of my soul here, three lines up, fourth rectangle over
What mattered was that the agent, from the right. My soul is made of words and cut glass.
Dwight Howard, who was assigned to Lately, the glass keeps cutting the words. The most
stop and check anyone who entered the wounded words I’ve had since childhood choose to stay
zone of the Obama house, would stand here. I console myself as I exit the room. The people in
on the corner across from 1118 E. Hyde the room are unaware of what I’ve done. Some of my
Park Boulevard, touching his earpiece, words have changed their minds and are trying to leave
deliberately taking his time whenever he the room and follow me. I walk away, lighter, a smaller
stopped Kayla, William, or both of them soul on my back. But thirty-three days later I can still
together. In his mind, thoughts swirled hear them begging.
about putting people through it, a phrase
commonly used in routine training. —Victoria Chang
•
What mattered was that he recounted he thought: I do know you but I’m going who claimed his father worked a Fen-
his regular encounters with the couple to pretend not to know you because that’s way Park gig, watching the crowd while
(Kayla and William) in great detail to his my job right now, son, and my job is not to the game played out behind him, stand-
wife, Dara, observing her closely, search- see you as if I’ve seen you before, walking ing with his arms folded, scanning for
ing for signs of judgment on her face as with your girlfriend to her apartment, but problems from one season to the next,
he talked about putting the kid through it, to see you afresh, as if for the first time, one never daring to turn around, to divert
explaining that putting the kid through stranger to the next, just as you over the his attention, because “you turn and
it meant taking extra care to stay alert, to years—fuck it, the centuries—have not seen glance at the play and an asshole’s gonna
avoid getting lazy, the way folks who op- me and never once pretended to even try to punch some other asshole is how it
erate trains in Japan are required to speak see me, as you stopped and put me through worked,” that father used to say, and it
things out loud, even when they’re alone it, put all of us through it, and what I’m was a phrase that Dwight would repeat
in the train cab, verbalizing signals to hoping you’re feeling right now is the dan- again and again for the rest of his life,
avoid being careless, even when it seems ger of being suspect by virtue of the fact that telling the story, just as he’d tell about
redundant, and sticking to the book no you happen to be coming down this street the time the President, a year after
matter what, even if you make a positive right now into federal space, son, looking Dwight finally got rotated to D.C.,
I.D. ahead of time, same thing the T.S.A. the way you look with high-top sneakers walked him through a bookstore and
folks do when pulling randoms aside and and loping gait and your eyes startled with talked to him casually.
frisking them, going through old ladies, your sense of dignity.
little kids, the enfeebled, not for the sake •
of display but because it keeps you inside • Is it possible to describe the looks that
the reality of routine. (“You’re just pulling What mattered was Simmons, his friend Kayla gave this agent during those rou-
power on folks and you know it and the from their academy days, sharing a tale tine stops, watching his gaze shift be-
agency knows it and the T.S.A. knows it, about his father, who claimed to have tween William and her? The subtle yet
too, and the folks who are pulled aside once worked security for James Brown, noticeable intensity in her eyes, a mix of
know it the most,” she told him.) And he’d Simmons recounting how his father curiosity and anticipation, as she ob-
tell her again how boring and dull things would stand with his back to the show, served the agent closely? She watched
could get and how you had to do what- arms crossed and eyes forward, while him fixate on William before flickering
ever you fucking had to do to keep it real. James took off his fucking cape or fell to her and returning just as quickly to
“You know me,” he said. “You know me into the arms of his handlers. Simmons William as he asked him for his I.D.
the same way the kid said I knew him.” talked about how his father was afraid
to turn around because James would fire •
• his ass, or fine him the way he fined his What truly mattered was the moment
Without a word he looked down at the band members when they flubbed a note. when Kayla finally talked back to the
kid, who said again, “You know me,” and There was another guy at the academy agent, who had stopped them countless
52 THE NEW YORKER, JANUARY 22, 2024
times over the months they had been liv- with spreads tight and smooth. She imag- It was a fleeting moment of unity, a brief
ing together, and said, “You should know ined him navigating the rooms with grace, interlude within their shared solitude.
us by now, with how often you stop us,” his movements reverent and respectful.
and watched as he looked her over and •
assessed her Western way of speaking • Did it matter that on that day, before he
and then, as it seemed he had done so What matters is the daunting challenge was stopped, William had instinctively
many times before, turned his attention of describing the intricate dynamic that adjusted his backpack strap over one
to William, scanning him from his feet unfolded between Kayla and the agent shoulder and retrieved his wallet from
up to his head, taking in his tall and lanky during those recurring stops, beginning his pocket, getting his license ready be-
frame before stating, “Just doing my job, in the fall and continuing through the fore the agent stopped him? Or that
Ma’am,” twisting into that last word with winter and into the spring, and the way Dwight had been thinking back to the
his eyes hidden behind his sunglasses in the essence of the stops was conveyed way his father liked to work underneath
a gesture that somehow made her sure through glances and small gestures. his car in the driveway on Sunday after-
that he had Googled William’s name, re- Dwight pausing to take off his sunglasses, noons, his long legs sticking out, the clink
searched his home in Wilmette—as she exposing his gaze, waiting with measured of wrenches hitting the blacktop, and
had—scrutinized the wide streets and deliberation before reaching out to take the way his father cleaned his nails with
the trees arching over the road, casting her license between his long, lean fin- toothpicks over the kitchen sink when
deep shadows over the pristine pavement, gers, as if it were something of both in- he came home from the shop on week-
and the blue oval pools in the back yards, significance and immense value, hold- days, and as he was having these thoughts
and maybe even knew that an owner of ing it like a piece of trash, or a delicate he turned and scanned and saw the kid
the Chicago Cubs lived down William’s square of lace, before handing it slowly down the street approaching with his li-
street, which was something that Wil- back to her and watching as she, with cense out and ready?
liam mentioned whenever he spoke about just as much deliberation, returned it to
home, so that it seemed to her in retro- her wallet, snapped her wallet shut, and •
spect that this tidbit of information had then placed the wallet in her purse, snap- What mattered was that as he put the kid
permeated the air of the South Side, ping that shut in turn and putting the through it he felt the terror of something
bouncing around, slipping into the small strap back over her shoulder before look- inside his loss and against his will, against
earpiece that the agent wore that after- ing at him again, and giving him one of his sense of himself as a trained profes-
noon and touched one last time, as if her fake smiles. sional, he felt a connection between that
pushing a finger into her chest. moment and the accident that had taken
id it matter that one afternoon, his father, as if the kid in front of him
•
What truly mattered was the agent’s com-
D William, alone and exasperated,
said to the agent, “Come on, man, for
had kicked the concrete block out from
behind the tire that afternoon so that the
mitment to his duties and his catlike cool fuck’s sake, you know me, man,” and car slid down the ramp and crushed his
and calm and resolved stillness, which that the agent shook his head and whis- father’s body. He snatched the kid’s li-
came from training and seemed natural pered “Just doing my job,” before he cense. When the kid said, “Come on, sir,
to Kayla, because it was the same cool- asked for William’s backpack and took I mean Jesus, you know who I am. Do
ness that she vividly recalled seeing in we have to go through this every single
her father one afternoon after school, time I go home?,” he told him to shut up
when she paid him a surprise visit at the and held his license up as if he’d never
casino. Before he noticed her, she watched seen it before and took his sweet fucking
him standing alone in the hotel lobby, time while, overhead, a jet coming in to
holding himself in the same exact man- land at Midway roared, and when the
ner as the agent on the sidewalk now, his kid—his eyes fearful and red splotches
legs spread, his impeccably polished shoes forming on his cheeks—spoke again, say-
planted firmly on the maroon carpeting ing, “I know you’re just doing your job
that stank of smoke, scanning the room but, man, sir, you know this is ridiculous,”
for action with the same stoic strength his time rummaging through it, remov- he raised his head and told him again to
and readiness to face whatever lay ahead. ing a pack of chewing gum and a lap- shut up and took his backpack and went
top before tapping his earpiece and call- through it a second time, removing his
• ing for a double check on one William laptop, another pack of gum, his phone,
What truly mattered was that she could Wilson, waiting for a confirmation on and when the clearance of the name came
easily imagine—and did so later—the the name while they both stood and back from HQ he tapped his earpiece,
agent stationed inside the Obamas’ house, gazed at the house, the imposing iron pretended not to hear, and held him as
in the quiet and solitude behind its tall fence, and the lush, deep-green lawn? long as he could.
fence. She imagined him moving silently In that moment, the agent and William •
from room to room, brushing his hand shared a glance as a plane ascended from
lightly over certain objects, photos in Midway Airport, the sound fading away What mattered was the shaky way
frames, hairbrushes on dresser tops, beds with the passing of a booming car beat. William crossed the street after being
THE NEW YORKER, JANUARY 22, 2024 53
released—his shoulders slouched under that day, his hand trembling with the when her husband was still alive, before
the burden of his backpack straps, his key, holding the door open too long, giv- he was killed in the driveway, crushed
legs shuddering slightly, his hands quiv- ing Chance a chance to slip away. Later, when a block of concrete came loose and
ering as he tried to get the key into the when she was teaching in Reno, stand- the car rolled down the ramp. Watch and
door and then held it open, pausing to ing in her office looking out at the cam- understand that the story ends in the
look back at the agent, who was still pus, with mostly new buildings—and safety of a house, inside a certain silence
watching him, staring his way while the catching glints of sunlight in the snow that you yearned for as you listened to
cat slipped around his legs and darted, on the mountains—she’d ponder the way Kayla and William’s arguments about
unseen, into the bushes and then, with everything had fallen apart after Chance their research, about their lives, as they
sweeping bounds, passed through a gap disappeared, leaving them alone without attempted to build something meaning-
in the fence, stopping for a moment to a bonding agent. ful around the cat’s absence.
take in the world, before strutting along •
the sidewalk in the direction of the lake. •
In the end, what mattered was the story Watch while Kayla wrestles with the
• they created together, imagining the cat impulse to blame William for letting
What mattered in the end was that Kayla wandering to the south until, one day, the cat escape, while he, in turn, goes to
found a way to get the cat to fit into her he was at a house that you saw from the great lengths to avoid any mention of
essay, with his white paws and his off-kil- train, gazing into the back yards and the the agent or the encounter that after-
ter smear of white across one eye and his streets, mostly empty, on hot summer af- noon. He never shares the details with
pink mouth. And, fuck it, the way the ternoons, noting the windows that were her, so his inner life disappears from
song by Chance the Rapper, “65th & In- covered with bars and the ones that were view, preventing you from entering his
gleside,” hit you and made you want to boarded, and the way the streets seemed mind. Maybe you don’t want to because
create something not so much because to stretch in the shimmering heat—a his mind is shamefully close to your own,
it was a great song but because of the few trees still thriving, casting deep shad- yet when you do try to catch his thoughts,
repetition of that address, that specific ows of cool—and, in particular, a spe- all you find are muddled emotions rooted
locale, although you’d later find out that cific house with a tidy yard, a fence, a in fear and a lingering sense of shame
Chance the Rapper was considered un- neat house with a clothesline and laun- about being targeted by the agent—an
cool, unhip at that time, and you’d feel dry hanging and an older woman lean- idea he swiftly pushes aside, replacing
the cat had a way of drawing the light ing over a basket, stopping to look up. it with the notion that the agent was
out of everything because he was so far simply doing his job.
from human, beyond the target of cre- •
ation, and you had to keep working to In the end, follow the cat to that very •
twist the story back to Kayla and Wil- house and observe as the lady becomes In the end what matters is the way the
liam but found yourself slinking, lurk- aware of his presence in her back yard— house and the saucer of milk and the old
ing, trailing them as they searched block yet another stray. Watch as she goes in- lady were something they had made up
by block, even stopping to ask the agent side briefly, only to reëmerge with a saucer together, one last story to talk about, a
if he’d seen the cat, noting the slight in hand—a delicate blue with a slender story to make it easier to let go by pre-
smile he gave, lifting just one corner of band of white—and places it gently on tending that Chance was alive and happy,
his mouth, before he said, “No, no cat the ground. Watch as the cat, with his tucked into a safe place forever.
like that as far as I can remember,” and wonderful twists of tongue, laps the milk
turned and walked away, and then a storm into his mouth and then sits and raises •
came through later that afternoon, driving a paw to meticulously groom himself. In the end, the cat carries their story
the lake into a fury while they searched Listen to the woman as she makes a soft away, embodying it with nimble paws
at the Point, calling his name. They put clicking sound, beckoning the cat closer, and a heightened awareness of everyday
up signs around the campus, walking engaging in a casual conversation about movements. It is something that only
through the quad. They placed a saucer what a beautiful day it is, a lovely sing- the cat can carry, the burden, enigma,
of milk, a little blue bowl, outside the song of isolation as the cat twirls around and even terror of love that Kayla expe-
sliding door, waiting and watching it her legs and eventually pauses, raising rienced the afternoon she parted ways
day after day. his head to meet her eyes with his vi- with William, seeing the buds on the
brant green eyes, while his purring is trees shaking in the breeze from Lake
Igone,nwhen
the end, what mattered was that
they lost the cat the spark was
the electricity of those first few
loud enough to hear over the distant
thrum of the expressway beyond the
railroad tracks.
Michigan, and, as she walked back to
her apartment, an absurd, lingering pile
of late-spring snow slowly melting,
months of the relationship. At the heart • pocked and honeycombed into strange
of the breakup, buried deep and unspo- structures, hazed with dirt, in a parking
ken, was the untold truth—William’s Watch as she takes the cat inside and lot in South Side Chicago.
failure to tell her about the encounter searches through the cupboards, her hands
with the agent and the overwhelming shifting through cans until she finds a NEWYORKER.COM
feeling he had at the apartment door tin of sardines—left over from the days David Means on writing animals truthfully.
A CRITIC AT LARGE
BY LOUIS MENAND
All new creations derive from existing creations; the line between influence and infringement has always been contested.
ILLUSTRATION BY BEN DENZER THE NEW YORKER, JANUARY 22, 2024 55
the subscription and downloading fees
we pay our music-streaming services.
Considering the amount of music those
services give us access to, a lifetime of
Springsteen is costing us pennies. But
there are some six hundred and sixteen
million subscribers to music-streaming
services out there—the number has more
than doubled in the past four years,
which is why all these catalogue sales
are happening now—so the math looks
good for Sony.
There are other lucrative revenue
streams. Car manufacturers have been
trying to buy a license to use “Born to
Run” in their commercials almost since
the song was released, in 1975. Unless
Springsteen, who has so far largely
avoided endorsements, attached condi-
tions to the sale, which seems unlikely
given the dollars on the table, their day
has probably arrived.
“What a coincidence—I’m an Aries who doesn’t want to die alone, too.” Bellos, a comparative-literature pro-
fessor at Princeton, and Montagu, an
intellectual-property lawyer, find this
• • kind of rent-seeking objectionable. They
complain that corporate copyright own-
deal. Some models of the Apple Watch end of the century. The longer the Boss ers “strut the world stage as the new
were taken off the market this past Christ- lives, the richer Sony gets. barons of the twenty-first century,” and
mas after the United States International David Bellos and Alexandre Mon- they call copyright “the biggest money
Trade Commission determined that tagu use the story of Sony’s big Spring- machine the world has seen.” They point
Apple had violated the patent rights of steen buy to lead off their lively, opin- out that, at a time when corporate own-
a medical-device firm called Masimo. (A ionated, and ultra-timely book, “Who ership of copyrights has boomed, the
court subsequently paused the ban.) Owns This Sentence? A History of income of authors, apart from a few su-
In 2021, the N.C.A.A. began allow- Copyrights and Wrongs” (Norton), be- perstars, has been falling. They think
ing college athletes to market their name, cause it epitomizes the trend that led that I.P. law is not a set of rules protect-
image, and likeness (N.I.L., the three them to write it. The rights to a vast ing individual rights so much as a reg-
elements of the right of publicity). Cait- amount of created material—music, ulatory instrument for business.
lin Clark, the University of Iowa movies, books, art, games, computer But what Bellos and Montagu are
women’s-basketball star, has an N.I.L. software, scholarly articles, just about ultimately distressed about isn’t that
valued at around eight hundred thou- any cultural product people will pay to businesses like Sony are sucking in large
sand dollars a year. If you think there consume—are increasingly owned by a sums for the right to play music they
might conceivably be a gender gap here: small number of large corporations and didn’t create, or that you and I have to
LeBron James’s son Bronny, who played are not due to expire for a long time. pay to listen to it. We always had to pay
his first collegiate game on December So what? There is little danger that to listen to it. The problem, as they see
10th and scored four points in a losing Sony will keep Bruce Springsteen’s songs it, is that corporate control of cultural
effort, has an N.I.L. currently valued at locked up. On the contrary, it is likely capital robs the commons.
$5.9 million. that, from now until 2100 or so, it will
Bob Dylan, Neil Young, and Stevie be impossible to escape the sound of n an important sense, when Bruce
Nicks are among a number of artists
who have recently sold the rights to some
Springsteen’s voice, because Sony needs
to find lots of ways to recoup its invest-
IGraham
Springsteen releases a song or Jorie
publishes a poem, it belongs to
or all of their songs. Virtually every song ment. Sony enjoys no benefit from sit- all the world. Musical compositions,
that Bruce Springsteen has ever written ting on its property, and the music costs poems, works of art, books, TikTok vid-
is now owned by Sony, which is reported it almost nothing to disseminate. The eos—every type of cultural product is a
to have paid five hundred and fifty mil- company just needs someone to deposit public good. Our species draws upon
lion dollars for the catalogue. Because the checks. them for pleasure, for edification, for in-
the copyright clock does not start tick- Sony will collect many of those checks spiration and motivation, and sometimes
ing until the demise of the creator, Sony from people like you and me. Our con- for a cheesy simulacrum of such things.
could own those rights until past the tribution will come out of things like Because of the digital revolution, more
56 THE NEW YORKER, JANUARY 22, 2024
of these goods are available to more peo- classified only as an invention and eligi- the four seconds of the “Simpsons” ep-
ple at less cost than ever. And we can ble for a patent (now good for twenty isode that was visible in the shot. The
do almost anything we like with them. years, with some exceptions). studio wanted ten thousand dollars.
We can listen to the songs or read the Bellos and Montagu agree with many A particularly notorious “background”
poems as often as we want, and they can critics of contemporary copyright law lawsuit was the “Dancing Baby” case. At
excite us to create songs and poems of that the current term of copyright is ab- issue was a twenty-nine-second YouTube
our own. What we cannot do, for a fi- surd. Often, we are locking away indef- video a mother had taken of her thirteen-
nite period of time, is put copies of those initely stuff whose rights are owned by month-old bouncing up and down to a
things on the market. someone—an heir, an estate, some com- Prince song, which is indistinctly audi-
That period is set by Congress, under pany that bought them along with other ble for approximately twenty seconds. In
a power enumerated in Article I of the assets in a package—but no one knows 2007, Prince’s label alleged copyright in-
Constitution: “To promote the Progress who. For fear of a lawsuit, that material fringement and forced YouTube to take
of Science and useful Arts, by securing remains in a vault. A lot of video foot- down the video. The case ended up in
for limited Times to Authors and In- age falls into this category, as do count- court.The baby’s mother, Stephanie Lenz,
ventors the exclusive Right to their re- less books that are out of print and music prevailed in a lawsuit, but the litigation
spective Writings and Discoveries.”The that can no longer be purchased in any took a decade. That’s why an author who
first federal copyright act, passed in 1790, format (much of Motown, for instance). wants to reproduce a photograph in a
set the term of copyright at fourteen There is no “use it or lose it” provision book would, if the photograph includes
years from the date when a work was in copyright law. a painting in the background, even a
submitted for registration, renewable for Rights-owning heirs can be quite fragment, be well advised to get permis-
another fourteen years. controlling, too. Martin Luther King, Jr.,’s sion not just from the photograph’s rights
You no longer have to register a work family, along with EMI Music Publish- holder but from the painting’s.
to hold its copyright. And the duration ing, owns the rights to film and audio What makes this ridiculous is that
of that copyright has been extended sev- recordings of the “I Have a Dream” most of the photographs you see in books
eral times. Since 1978, it has been sev- speech. In 1996, the King family sued are on the Web, where they can be viewed
enty years from the death of the creator. CBS for using portions of the speech by billions of people for nothing. But
For “corporate authors”—that is, com- without permission—even though it was authors have to pay a fee, often hun-
panies that pay employees to make stuff CBS that made the film for which King’s dreds of dollars for a single image, to re-
(known as “work for hire”)—it is now heirs were charging a licensing fee. “It produce them in a work that will be read
ninety-five years from the date of pub- has to do with the principle that if you by, with luck, ten or twenty thousand
lication or a hundred and twenty years make a dollar, I should make a dime” is people. The major rent seeker here is
from the date of creation, whichever is how King’s son Dexter explained the Getty Images, which, after buying up
shorter. Mickey Mouse, who was first thinking. An initial verdict for CBS was most of its rivals, now controls more
“published” in 1928, entered the public overturned on appeal, and the Kings set- than four hundred and seventy-seven
domain at the beginning of this year— tled for a cash payment (which evidently million “assets”—stock images, editorial
but only in his 1928 form. Updated Mick- took the form of a contribution to the photography, video, and music—and is
eys are still protected. In short, by the worth five billion dollars. If you want to
time a work created today enters the reprint a news photograph, chances are
public domain, most of us will be dead. that Getty controls the rights.
Many of us will be very dead. Most litigation over copyright, like
For you (probably) and me (definitely), Lenz’s suit, involves a term that has
the rights to our creations are not worth eluded precise judicial definition: fair
much money to anyone but ourselves. use. Fair use is where the commons en-
But, if you are the guy who wrote “Born ters the picture. When Ezra Pound said
to Run,” it is prudent to assign your rights “Make It New,” he meant that putting
to an entity that can pay you while you old expressions to new uses is how civ-
are alive some considerable portion of King Center for Nonviolent Social ilizations evolve. The higher the firewall
what your songs will be worth long after Change and thus was tax deductible). protecting the old expressions, the less
you are not. Bellos and Montagu argue CBS can afford the litigation. The av- dynamic the culture has a chance to be.
that copyright law, originally enacted in erage person cannot.
Britain in the eighteenth century to pro- Corporations themselves can squeeze s Bellos and Montagu repeatedly
tect publishers (and, to some extent, writ-
ers) from pirates, has evolved into a pro-
you shamelessly. Bellos and Montagu
tell the story of a documentary film-
A point out, all new creations derive
from existing creations. In our head
tection for corporate colossi with global maker who shot a scene in which a group when we write a poem or make a movie
reach. The law today treats companies of workers were sitting around playing are all the poems we have read or mov-
as “authors,” and classifies things like the a board game with a television set on ies we have seen. Philosophers build on
source code of software as “literary works,” in the background. The TV happened the work of prior philosophers; histo-
giving software a much longer period of to be showing “The Simpsons,” and the rians rely on other historians. The same
protection than it would have if it were filmmaker applied for permission to use principle applies to TikTok videos. The
THE NEW YORKER, JANUARY 22, 2024 57
same principle applies, really, to life. Liv- how the party that stood for improving Pop art, from Andy Warhol to Jeff
ing is a group effort. the life chances of Black Americans). Koons, is a lively arena for fair-use liti-
The no man’s land between accept- Then there’s the case of Demetrious gation, since the art deals explicitly with
able borrowing and penalizable theft is Polychron, a Tolkien fan who was re- appropriated images. Very little is obvi-
therefore where most copyright wars are cently barred from distributing his se- ously “transformed.” Last spring, in Andy
waged. One thing that makes borrow- quel to “The Lord of the Rings,” titled Warhol Foundation v. Goldsmith, the
ing legal is a finding that the use of the “The Fellowship of the King.” Polychron Supreme Court ruled that the founda-
original material is “transformative,” but had approached the Tolkien estate for tion could not license the use of a War-
that term does not appear in any stat- permission and had been turned down, hol work—featuring Prince, as it hap-
ute. It’s a judge-made standard and whereupon he self-published his book pens—that was silk-screened from a
plainly subjective. Fair-use litigation can anyway, as the estate learned when it photograph by Lynn Goldsmith, a pro-
make your head spin, not just because turned up for sale on Amazon. fessional photographer.
the claims of infringement often seem In Randall’s case, Houghton Mifflin The Court’s opinion, by Justice Sonia
far-fetched—where is the damage to the argued that the new novel represented a Sotomayor, largely restricted itself to the
rights holder, exactly?—but because the transformative use of Mitchell’s material question of who had the right to license
outcomes are unpredictable. And un- because it told the story from a new per- the image for use as a magazine illus-
predictability is bad for business. spective. It was plainly not written in the tration. It did not address the potentially
The publisher of “The Wind Done spirit of the original. In Polychron’s, the explosive art-market question of whether
Gone,” a 2001 retelling, by Alice Ran- sequel was purposely faithful to the orig- Warhol’s Prince silk screens themselves
dall, of Margaret Mitchell’s “Gone with inal. He called it “picture-perfect,” and it (there are fourteen, plus two pencil draw-
the Wind” from the perspective of a was clearly intended to be read as though ings) are covered by fair use. Following
Black character, was sued for infringe- Tolkien had written it himself. Polychron his “Campbell’s Soup Cans” exhibition,
ment by the owner of the Mitchell es- also brought his troubles on himself by in 1962, much of Warhol’s art reproduced
tate. The parties reached a settlement first suing the Tolkien estate and Ama- images and designs made by other peo-
when Randall’s publisher, Houghton zon for stealing from his book for the ple. Are those works “transformative”
Mifflin, agreed to make a contribution Amazon series “The Lord of the Rings: because they’re Warhols? If I did the
to Morehouse College (a peculiar out- The Rings of Power.” The suit was same thing, could I claim fair use?
come, as though the estate of the author deemed “frivolous and unreasonably filed,” The real circus act in copyright law,
of “Gone with the Wind” were some- and it invited the successful countersuit. currently, is pop music. Pop is a highly
formulaic art, and some amount of copy-
ing is pretty much inevitable. Most twelve-
bar blues music is based on the same three
chords. Much of jazz is built from the
chord progression known as “rhythm
changes.” Folk has a certain sound; rock
has a certain sound; country has a cer-
tain sound. These sounds are created from
a vocal and instrumental palette specific
to each genre, and each genre has its own
themes, tropes, imagery.
This is because although originality
has high value in the fine arts, imita-
tion—or, more precisely, imitation with
a difference—has high value in enter-
tainment media. People like the music
they already like. Movies, too. If the first
“Die Hard” is a hit, there is a sequel—
in fact, four sequels. It’s the “Send more
Chuck Berry” syndrome, the theory be-
hind Pandora. Listeners want songs that
sound like songs they enjoy, and a hit
song spawns soundalikes seeking to cash
in on what people are buying.
The insane part of all this is that I
can record a cover—that is, a copy—of
“Born to Run” without any permission
at all. The legal requirement is only that
“My entire life flashed before my eyes, and I notify the rights holder and pay a roy-
I was folding laundry half the time.” alty set by statute, which is currently
about thirty-seven cents per sale for a Zeppelin had borrowed the arpeggiated transformative, or to give musical defini-
three-minute song. Unsurprisingly, a chords that open “Stairway to Heaven” tion to a song’s “feel,” you need a kind of
huge portion of the pop repertoire there- from Spirit’s “Taurus”: the chords are not expertise that most judges—most peo-
fore is covers. There are at least fifty cov- completely identical but they do sound ple—don’t have.
ers of “Born to Run,” including one by a lot alike, and Led Zeppelin used to
the London Symphony Orchestra.There open for Spirit. Still, in 2016, a Califor- ompetence is also likely to be a
are more than fifteen hundred Bob Dylan
covers. There were six versions of “Try
nia jury sided with Led Zeppelin, in a
verdict that survived appeal.
C factor in cases arising on the next
frontier in I.P., artificial intelligence.
a Little Tenderness” before Otis Red- And, last spring, the singer-songwriter Bellos and Montagu end their book
ding made his immortal 1966 recording Ed Sheeran was found not liable for copy- with the intriguing suggestion that A.I.
with Booker T. & the M.G.s, a rendi- ing another Gaye song, “Let’s Get It On.” may be the technology that brings the
tion without which the lives of many of During the trial, Sheeran whole legal structure of
us would be poorer. brought his guitar with him copyright down.
But if I write a song that simply shares to the witness stand and From a historical per-
a few musical elements with “Born to demonstrated to the jury that spective, generative A.I. is
Run”—“substantial similarity” is the legal the four-chord progression just the latest in a line of in-
standard—I could be in trouble. The in his song was common novations that have put pres-
similarity does not have to be deliber- in pop music. Sheeran is a sure on copyright law. These
ate. George Harrison was found liable charming fellow, and the jury include photography, which
for “subconscious” infringement when was duly swayed. “I am un- was not declared copyright-
he used chords from the Chiffons’ hit believably frustrated that able until the second half
“He’s So Fine,” from 1963, in his 1970 baseless claims like this are of the nineteenth century;
song “My Sweet Lord,” and had to pay allowed to go to court at all,” radio, which triggered a war
five hundred and eighty-seven thousand he said after the trial. But the legal un- between the American Society of Com-
dollars. Harrison knew that “this com- certainty is an incentive to sue, since set- posers, Authors, and Publishers (ASCAP),
bination of sounds would work,” the tlement dollars can be significant. (If you which licenses performance rights for
judge wrote, because it had already lose, though, the Copyright Act gives the music, and the broadcast companies over
worked. Yes, that seems to be the way court the discretion to make you pay the whether on-air play of a song requires
the music business operates. defendant’s attorney fees.) payment of a royalty (ASCAP won); and
To be found liable for subconscious The uncertainty exists because juries photocopying. Is a Xerox copy of an ar-
infringement, you do at least have to have differ, but also because the goalposts ticle or a book illegal under the terms of
heard the song you’re accused of stealing move.The different results in the “Blurred copyright law? How about a six-line
from. In 1983, a jury found that the Bee Lines” and the “Stairway to Heaven” law- poem? It is, after all, a copy, even if it was
Gees had borrowed illegally from a song suits had partly to do with something not made with a printing press.
by Roland Selle called “Let It End” when called the “inverse ratio” rule, a judge- The Internet spawned all kinds of
they wrote “How Deep Is Your Love,” made rule invented to establish the de- methods for accessing copyrighted
but the verdict was thrown out on appeal gree of similarity required for legal lia- material and circumventing copyright
because the plaintiff had not established bility. Inverse ratio dictates that the more claims. Napster, launched in 1999, is the
that the Bee Gees could have heard his access the defendant had to the original landmark example. Its peer-to-peer file-
song, which he had distributed as a demo. work, the lower the bar for establishing sharing system was determined to be
The initial finding of “substantial simi- substantial similarity. Which makes lit- piracy, but Napster still revolutionized
larity” was purely serendipitous. tle sense. The court—the Ninth Circuit, the music industry by moving it into
In 2015, a jury decided that Robin where many entertainment-industry cases the streaming business. Performance
Thicke and Pharrell Williams had cop- end up—applied the rule in the former revenue aside, music income now comes
ied Marvin Gaye’s “Got to Give It Up” case and then turned around and de- primarily not from CD sales but from
in their hit “Blurred Lines.” Although clared it void in the latter. licensing deals. Spotify is a direct de-
the question of whether there were spe- Judicial competence is also an issue. scendant of the Napster case.
cific musical elements in common was There is a special court for patent and On the other hand, in Authors Guild v.
contested, the jury evidently thought trademark claims, which sits in Wash- Google, decided in 2015, courts upheld
that they had a similar “feel.” Thicke ington, D.C. But judges assigned in copy- the legality of Google Books, even though
and Williams had to pay the Gaye fam- right cases generally know little about the it is a Web site that was created by scan-
ily $5.3 million plus fifty per cent of fu- fields in which fair-use concerns arise. ning tens of millions of books without
ture revenues. This is why the matter of what’s “trans- permission from the copyright holders.
The finding shocked a lot of people formative” is such a judicial gray area. In That case didn’t even go to trial. Goo-
in the legal and music worlds, and a back- a rather heated dissent in the Warhol gle won in summary judgment under the
lash against the “Blurred Lines” verdict case, Elena Kagan complained that Jus- principle of fair use, and an appeals court
seems to have made it a little harder for tice Sotomayor and the rest of the ma- held that Google Books’ copying had a
music infringement claims to stick. The jority had no understanding of art. To “highly convincing transformative pur-
group Spirit had a plausible case that Led know why a Warhol silk screen counts as pose” and did not constitute copyright
THE NEW YORKER, JANUARY 22, 2024 59
infringement. The outcome portends Silverman and two other writers have represents more than eleven thousand
trouble for parties with copyright cases sued the tech companies Meta and screenwriters, and the Screen Actors
against companies that use A.I. OpenAI for copyright infringement. Guild went on strike. Might similar
Still, no one knows how courts will (Most of the suit was dismissed by a guardrails be used to protect—oh, I don’t
apply the current statutory authority— federal judge last November.) John know—writers for weekly magazines?
the Copyright Act of 1976 and subse- Grisham and Jodi Picoult are part of a Another question is whether works
quent amendments—to generative A.I., separate writers’ lawsuit, and there are created by A.I. are themselves copyright-
a technology whose capacities were others. It’s not obvious what sort of re- able. Last August, a federal court ruled
barely contemplated in 1976. Apps like lief writers can ask for. Silverman’s mem- that machine-made works are not copy-
ChatGPT are large language models oir is protected against piracy by copy- rightable—in the court’s words, that
(L.L.M.s), meaning that they have right. Someone else can’t print and sell “human authorship is a bedrock require-
“learned” by being “trained” on enormous a substantially similar work. But, in an ment of copyright.” But that conclusion
amounts of digital information. What L.L.M., her text is a drop in an ocean is likely to be tested soon. After all, a
the models are “learning” are not even of digital data. There is no reason to camera is a machine. Why is it that, if I
sentences but “tokens,” which are often think that well-known, best-selling writ- bring my Leica to a back-yard fireworks
pieces of words. When functioning prop- ers such as Grisham and Picoult are display, my photograph is eligible for
erly, a model predicts, based on a statis- somehow losing more to L.L.M.s than copyright protection, but if I prompt
tical calculation, what token comes next. an equally prolific author of self-published Dall-E 3, an OpenAI service, to make
This has been mocked as simply an guides to home repair is. Since A.I. tech- me a photograph of fireworks, the image
advanced form of autofill. But, when I nologies feed on the entire online uni- it produces might not be?
write a sentence, I, too, am trying to verse of words and images, everyone, even People loved the A.I.-generated ver-
guess the best next word. It just doesn’t if their creative activities are limited to sion of Johnny Cash singing a Taylor
feel especially “auto.” One big differ- taking selfies or posting tuna-casserole Swift song, which was posted online last
ence is that, since I fancy myself a writer, recipes, could sue. To an L.L.M., it’s to- year by a person in Texas named Dustin
I am trying to avoid, wherever possible, kens all the way down. Ballard. But who owns it? Could Taylor
the statistically most common solution. But the lawsuits keep on coming. Swift sue? Probably not, since it’s a cover.
It is thought that a significant per- Last winter, Getty Images sued Stabil- Does the Cash estate have an ownership
centage of the token sequences that the ity AI for what it called “brazen theft claim? Not necessarily, since you can’t
L.L.M.s have trained on come from the and freeriding” on a “staggering scale.” copyright a style or a voice. Dustin Bal-
Web sites of news organizations, whose And, in December, the Times sued lard? He neither composed nor performed
material is copyrighted. The models are OpenAI and Microsoft, claiming that the song. No one? Does it belong to all
also believed to train on text in so-called those companies are liable for “billions the world?
shadow libraries, like Library Genesis of dollars in statutory and actual dam- Some people may say that A.I. is rob-
and Z-Library, which include millions ages” for their use of the Times’ archives. bing the commons. But A.I. is only doing
of pages of copyrighted material. A key The Times claims, for example, that what I do when I write a poem. It is re-
legal question is whether the training Bing, Microsoft’s search engine, which viewing all the poems it has encountered
process has involved copying this text uses OpenAI’s ChatGPT, provided re- and using them to make something new.
and, if so, whether any or all of this pro- sults that substantially copied verbatim A.I. just “remembers” far more poems
cess is protected by fair use. from the paper’s Wirecutter content, than I can, and it makes new poems a
I.P. experts completely disagree about which makes money when readers use lot faster than I ever could. I don’t need
what the answer should be. There are its links to sites where they can purchase permission to read those older poems.
multiple legal challenges under way, recommended goods. (In effect, Bing Why should ChatGPT? Are we penal-
which will probably result in cases ar- visited the Wirecutter pages and then izing a chatbot for doing what all human
gued in different venues producing in- got the ChatGPT engine to paraphrase beings do just because it does so more
consistent results. Ideally, this is an area them closely.) The links were not in- efficiently? If the results are banal, so are
where Congress, under its Article I power, cluded in Bing’s version, and so the Times most poems. God knows mine are.
would decide on the rules, but Congress lost money. Whatever happens, the existential
these days is not exactly a well-oiled leg- Some of these legal challenges can threats of A.I. will not be addressed by
islative machine. be met by licensing agreements, which copyright law. What we’re looking at
Courts have already ruled that search is how music companies responded to right now is a struggle over money. Li-
engines, like Google and Bing, which the Napster episode. The Associated censing agreements, copyright protec-
scour enormous amounts of copyrighted Press has agreed to license the use of its tions, employment contracts—it’s all
material on the Web, are protected by fair reporting to ChatGPT, and additional going to result in a fantastically complex
use, because the thumbnail images and licensing deals have been consummated regulatory regime in which the legal fic-
text snippets they display when you con- or are in the works. Other kinds of guard- tion of information “ownership” gives
duct a search qualify as “transformative.” rails around the use of A.I. in the work- some parties a bigger piece of the action
Are generative-A.I. systems so different place can be erected through collective than other parties. Life in an A.I. world
from search software in this respect? bargaining, as happened this fall after will be very good for lawyers. Unless, of
The comedian and memoirist Sarah the Writers Guild of America, which course, they are replaced with machines.
60 THE NEW YORKER, JANUARY 22, 2024
“perfect,” because “water shall refuse to
BOOKS receive them in her bosom, that have
shaken off them the sacred Water of
Baptisme.” Drowning was reserved for
WITCHY WOMEN the saved. Compared with such ordeals,
the Carolina begins to look progres-
The surprising persistence of the witch trial. sive. It connects to the dream that the
law, if written well, can save us from
BY RIVKA GALCHEN our worst selves, that it can temper pas-
sion with reason and reduce violence
rather than codify it. Though things
don’t always work out that way.
IHolyninalis1532,Roman
when the Constitutio Crim-
Carolina became the law of the
Empire, it specified that
cient indication of sorcery for the ac-
cused to be tortured.
The Carolina was an improvement
The inevitable charisma of villainy makes
the accusers vivid as well. The character
that I found myself following most at-
witchcraft was a serious crime, punish- over trial by ordeal, which for centu- tentively, however, is also the book’s
able by execution by fire. The Carolina ries had been a fairly standard practice. through line: the trial.
was often cited in the European witch In one common example, a suspected “The Return of Martin Guerre,” by
trials that followed, with crazes peak- witch was forced to hold a burning iron; Natalie Zemon Davis, is built around
ing in the second half of the sixteenth how quickly God healed the wound the historical trial of Arnaud du Tilh,
century, and again in the early decades was the measure by which the accused who for years successfully pretended to
of the seventeenth century. In Germany was declared innocent or guilty. In 1597, be the peasant Martin Guerre. “The
alone, twenty-five thousand people were King James VI of Scotland (he later peasants, more than ninety percent of
executed. The Carolina is sometimes became King James I of England—and whom could not write in the sixteenth
called the basis for these witch hunts, of the Bible) wrote “Daemonologie,” century, have left us few documents of
but it can also be seen as an attempt to in which he enthusiastically embraced self-revelation,” Davis writes. “But there
tame them. Previously, trials could pro- witch-hunting. His ideas were not exists another set of sources in which
ceed on the allegations of only one ac- aligned with those behind the Caro- peasants are found in many predica-
cuser; the new set of laws required two. lina. He remained faithful to the float- ments”—it is in court cases that we can
The accusers had to be deemed credi- ing ordeal—tossing suspects into the catch sight of the hopes and emotions
ble, and they could not be paid or of sea, where only the innocent, presum- and fears of those who leave no other
evil repute. There also had to be suffi- ably, would sink. He described it as written record. The trials of the accused
ILLUSTRATION BY KATHARINA KULENKAMPFF THE NEW YORKER, JANUARY 22, 2024 61
people in “Witchcraft” return to us, in named Vinegar Tom, a black rabbit to having sex with the Devil, her de
detail, lives about which we might other called Sacke and Sugar, and a polecat. scription of him was reminiscent of the
wise know nothing. The animals were seen vanishing and man who had impregnated her. Tatabe,
In what ways have varying legal codes transforming, and Clarke, in supplying an enslaved woman in Salem, Massa
and trial procedures altered the desti her persecutors with the story of her chusetts (depicted in “The Crucible,”
nies of those accused of witchcraft? Al seduction by Satan, said that they had by Arthur Miller), was accused of be
though thirteen trials can’t decide the been born from a fall into sin. Clarke witching two young girls. When pressed
question, the book does put it on the is said to have referred to all the spirit under torture to name her collabora
stand. Gibson shows us church courts, animals as her “children”—and she did tors, she described one as “a tall man of
state courts, colonial courts, assize courts, have a child at home, Jane, whom she Boston” in fancy clothes. She also said
and improvised court systems used in had had baptized, and whose father had the other witches told her that, if she
the chaos of a civil war, and there are not married her. didn’t do what they said, they would
judging panels of three and judging In the ensuing trial, Clarke was not hurt her, or even that her head would
panels of twentyfive. (And historically allowed representation, and her accus be cut off. Tatabe had most likely been
there were no judges or jurors who were ers were not crossexamined. The jury sold into slavery as a child and sent to
women.) There are also the kinds of delivered a guilty verdict within min a plantation before spending a decade
trial that happen outside a courtroom: utes. She was sent to the gallows. An in Boston—she populated her confes
trials by poison, and King James’s fa other convicted woman died while wait sion with descriptions of people and
vored trial by “swim.” To wager on the ing in line to be hanged, perhaps from situations we assume she encountered
outcome of these various trials is not as a heart attack. This did not stop the pro in her real life.
easy as you might think. They always ceedings, and Clarke was killed that day. One can also glimpse the fears of the
seem to be hurrying to doom, but they persecutors in the confessions they forced
occasionally don’t get there. hat kinds of crime did people out of the accused. Consider the witch
In 1645, in Manningtree, England, a
tailor goes to a diviner, because his wife
W need to ascribe to witches? The
Carolina punished only crimes that had
ery accusations made by King James.
His mother, Mary, Queen of Scots, was
is having violent fits that are, he says, caused others damage, but many women said to have been involved in the mur
“more than merely natural.”The diviner were charged with less tangible evils, der of her second husband, James’s fa
confirms the man’s fears: two women such as attending a witches’ Sabbath or ther. Later, James’s foster father was poi
have bewitched his wife. This is how changing form. Some witches were said soned, then his successor was executed,
Bess Clarke, a onelegged unmarried to have cursed brides, some to have and then the next successor was accused
woman, came to be arrested and tried. caused storms to sink ships, some to of seducing the young King, when he
Clarke’s mother had also been tried as have sailed to sea in a sieve, and quite was a teenager. In 1587, Mary was exe
a witch, years earlier, and executed. At a few to have effected the death of a cuted, and in 1590 James instigated a
the time of Clarke’s trial, the English baby. In a 1591 treatise, Johann Georg witch trial against a healer named Agnes
Civil War had left the court system in Gödelmann, a legal scholar who favored Sampson, accusing her of trying to mur
disarray. Rather than being tried in an the regulations of the Carolina—and der him and his Danish bride by caus
assize court, whose judges tended not thus can be seen as relatively progres ing storms to sink their ships. In James’s
to be very religious, Clarke was tried by sive for a witch expert of that time— mind, the evil forces in the world were
a presiding judge who was a strict Pu argued that controlling the weather was set on his murder. Eventually, Sampson
ritan, a slavetrafficker, and a notori not a real phenomenon, and therefore confessed to collaborating with witches
ously cruel admiral. Clarke faced a pro could not be the basis for legal ques from Copenhagen, attending a series
cedure called “watching and walking”: tioning. He worked to separate people of meetings planning his destruction,
she was made to walk continuously who had delusions—but were not ac being present on his wedding night,
around in her cell for four days, while tually witches—from what he saw as a and having attended a witches’ Sabbath
observers noted whether any of her an quite small number of people who re in which she and a circle of witches
imal “familiars” or other devilish alli ally did perpetrate evil, who really had passed around a waxen figure of him,
ances come by to consult with her. made pacts with the Devil. which they then gave to Satan. It’s as
After Clarke became exhausted, she Torture produced wild tales of evil, if James and Sampson became a story
told her watchers that, if they would sit of course. But even the monstrous and telling duo conceived in Hell.
down with her, she would introduce incredible forced confessions were often
them to her spirit animals. The watch
ers reported seeing several familiars, in
cluding a shortlegged and plump “imp
still personal; the accused sometimes
told of what had really happened to
them, indirectly. Kari, the Sámi woman,
Iputnjurytheoneacquitted
witch trial under James, the
the accused, so James
jury members on trial, until they
like unto a dog” that was white with who was tried in Finnmark in a Dan agreed to change their ruling. Other
sandy spots. One watcher said that this ish colonial court, described the Devil courts were less kangaroo. Gibson illus
dog was the first spirit animal to ap taking the form not of a local animal, trates one in the opening chapter. The
pear, while another said that the first such as a reindeer, but of a goat, a setting is Innsbruck, Austria, in 1485, a
was a white cat named Hoult. There nonnative animal associated with the time when the power balance between
was also a longlegged greyhound colonizer. When Bess Clarke confessed the Pope and the Archduke of Austria
62 THE NEW YORKER, JANUARY 22, 2024
is stable but uneasy. An inquisitor named
Heinrich Kramer arrives with paper-
work from the Pope, allowing him to BRIEFLY NOTED
set up an inquisition to root out witches.
He gives sermons decrying the murder- Forgottenness, by Tanja Maljartschuk, translated from the
ous witches all around and exhorts the Ukrainian by Zenia Tompkins (Liveright). This thoughtful
townspeople to be vigilant in reporting novel connects two characters separated by a century: a present-
any witchy activity; he also keeps track day Ukrainian writer and the twentieth-century Polish Ukrainian
of who attends his services. The local nationalist Viacheslav Lypynskyi. In one thread, Maljartschuk
authorities aren’t pleased to have Kramer plumbs Lypynskyi’s incendiary biography: born a Polish aris-
there, but they can’t dismiss him, not tocrat, he served as a diplomat for the nascent Ukrainian state
with his papal paperwork. One day, Hel- before living in exile when the Soviets took over. In another,
ena Scheuberin, a confident and out- the contemporary writer revisits her failed love affairs, and her
spoken woman, passes Kramer on the grandparents’ experiences in the famine of 1932-33. As Mal-
street and says to him what lots of Inns- jartschuk makes the characters’ common history apparent, she
bruckers were likely thinking: “You lousy compares it to a blue whale consuming plankton, “milling and
monk! I hope you get the falling sick- chewing it into a homogenous mass, so that one life disap-
ness!” Other accounts report that she pears without a trace, giving another, the next life, a chance.”
said, “When will the devil take you
away?” Kramer initiates an investigation Baumgartner, by Paul Auster (Grove). The center of this slen-
of Scheuberin, who not only hasn’t been der, ruminative novel is Sy Baumgartner, an author and a pro-
attending his services but has also been fessor who, at seventy, has been mourning his wife’s sudden
heard to say that demonology is heresy. death for nearly ten years. As Baumgartner struggles to make
Scheuberin has accumulated a few sense of this chapter of his life, he starts dating, and he devotes
enemies over the years. She attended himself to a new book, “a serio-comic, quasi-fictional discourse
the wedding of a suitor she had rejected, on the self in relation to other selves.” (Notably, Auster and his
and the man’s wife says that she hasn’t protagonist share several traits—both are from Newark and
felt well since then. There’s also the fam- both married translators—and Baumgartner’s mother’s maiden
ily of a knight she is said to have had name was Auster.) Auster writes movingly about seeming to
an affair with; he died young, not long recover after great loss: “If you are the one who lives on, you
after the affair, and his relatives are sus- will discover that the amputated part of you, the phantom part
picious. Kramer puts together a case of you, can still be a source of profound, unholy pain.”
against Scheuberin (and six other peo-
ple). He declares himself the judge, but The Genius of Their Age, by S. Frederick Starr (Oxford). Ibn
the local authorities intervene, and in- Sina and Biruni, two polymaths born in the late tenth cen-
sist on the bishop’s hearing the case. tury, were giants of the Islamic Golden Age, producing ground-
The accused are jailed, the wheels of breaking findings in mathematics, science, and philosophy.
injustice turn. Both men were from what is now Uzbekistan, and both drew
A big crowd attends the trial. In court, from Aristotle, but this engaging history uncovers their dif-
Scheuberin initially says that she won’t ferences, in temperament and in scholarly approach. Ibn Sina
swear on the Bible. (Some Catholics was a bon vivant and an eager public intellectual who reasoned
viewed the use of holy objects in that from abstract metaphysical principles, whereas Biruni, a re-
way to be heretical.) Kramer proceeds cluse, “moved from the specific to the general.” After a vitri-
with his questioning. Soon the subject olic exchange early in their careers, the two men apparently
of inquiry turns away from witchcraft. never corresponded again. As Starr brings them back into con-
“Are you of a good way of life?” he asks. versation, he illuminates the richness of thought that charac-
Yes, she says. “Were you a virgin at the terized this “lost Enlightenment.”
time of your marriage?” Scheuberin re-
fuses to answer. What the Taliban Told Me, by Ian Fritz (Simon & Schuster).
After what was likely a suspenseful In this memoir, a former linguist for the U.S. military, who
silence, the bishop’s representative in- monitored suspected Taliban communications in Afghanistan,
tervenes. The sex lives of Innsbruckers gathering information that determined the people American
are, he says, “secret matters that hardly soldiers would kill, reflects on his deployment. The book’s arc
concern the case.” Kramer is out of step traces his moral transformation: Fritz recounts how listening
with the norms of the area. The mood to the prosaic conversations of potential enemy combatants
has palpably changed. An expert law- rendered him unable to depersonalize them, and therefore un-
yer from out of town, Johann Merwart able to perform his job. Essentially, his war chronicle cautions
of Wemding, announces that he will be that the urge to make monsters of others creates the risk of
representing the accused, all seven of slipping into the monstrous ourselves.
THE NEW YORKER, JANUARY 22, 2024 63
them. Merwart challenges Kramer’s pa- religious upbringing came to help her If Gibson is perhaps at times fitting
perwork, which is in disarray. (It’s the in an unexpected way. witches to her own vision, she is not
sunny obverse side of a bureaucratic Even as a child, she had seen ghosts alone in that. She tells a compelling
nightmare.) By the end of the day, the and had prophetic dreams. As an adult, story about “La Sorcière,” a now mostly
accused are released, and Kramer is she realized that she could channel spirit discredited study of witch trials by the
under investigation. energies, absorb the illnesses of others, nineteenth-century French historian
The Witchcraft Act of 1735 was En- and predict deaths, even distant ones. Jules Michelet, who sometimes collab-
gland’s effort to put a halt to witch-hunt- Her beliefs weren’t all that eccentric. orated with his wife, Athénaïs. In Gib-
ing. It made it illegal to claim that there Gibson cites a survey indicating that son’s eyes, “La Sorcière” argues that
were people with magical powers, and “thirty five percent of British people French witches of the past were “revo-
illegal to accuse someone of being a thought such contact” with the dead lutionary pagan priestesses, healers, and
witch—a thing that enough people in was possible. Duncan joined a Spiritu- mesmerists, sexually liberated, and in
power had decided did not exist. Science alist church, travelled to Edinburgh and touch with an old deity wrongly de-
was beginning to tell different stories London, and eventually began to make monized as satanic.” The Michelets
about the world. There were fewer kings a pretty good living. Her séances weren’t identified as pantheists; they made the
and more parliaments, and the influence cheap. She could channel spirits in “witches” of the past into their own like-
of the Church was diminishing. (There Welsh, German, Gaelic, French, and ness. Seeing witches through the Mi-
was one holdout among high-ranking even Llanito, a vernacular language from chelets’ lens is comforting, even mov-
officials to the Witchcraft Act—James Gibraltar. Sure, she made an error here ing, but it also feels not only incorrect
Erskine, who is also notable for having and there, about people’s sons in the but wrong. There are ways of valuing
arranged for his wife to be abducted and army, and whether and how they had these accused witches without assert-
brought to a distant island so that she died. But she had also foreseen—or at ing that they were heroes and rebels
could be pronounced dead; Erskine held least known about before it was an- who embodied our beliefs.
a big public funeral for her.) The act pre- nounced to the public—the 1941 sink-
cipitated a shift from prosecuting peo- ing of a British military ship. erhaps our fascination with witch
ple as witches to prosecuting people who
presented themselves as witches, or as
In 1944, under the Witchcraft Act,
she was charged with pretending to con-
P trials is more about imagining our
own trials. “Somebody must have made
magical in some way. Often enough, this jure the spirits of dead people. A Spir- a false accusation against Josef K., for
meant putting the same sorts of peo- itualist society provided her with an at- he was arrested one morning without
ple—women making money as healers torney, whose strategy was an odd one. having done anything wrong,” begins
or diviners, or colonized people whose He called his client “a big fat woman” one of literature’s most famous stories
local belief systems were frightening to and a “nobody,” and he said that he con- about a trial. In Kafka’s novel, Josef K.’s
the colonizers—on trial. sidered all his clients to be “unimpor- experience is nightmarish. But the court-
Gibson tells the story of Nellie Dun- tant people” who were illustrations of room is in the attic of his own residence.
can, a woman born into a puritanical what was important: that Spiritualism To my mind, there is an element of wish
family in Scotland in 1897, who later be- was true. The defense failed. Duncan fulfillment in “The Trial,” a dream of
came a Spiritualist: she shared news of was sentenced to nine months in prison. being heard, or watched, or of profound
the dead, coughed up ectoplasm (typi- But supporters of Spiritualism, and of interest to . . . someone. Even a malev-
cally muslin), and ventriloquized, so that Duncan, called her “the last witch,” to olent, irrational force will do.
cabinets appeared to contain speaking emphasize what they saw as a miscar- In many an imagination, trials are
mediums. In the years after the First riage of justice. Winston Churchill de- about being heard, being exonerated.
World War, demand for such services scribed the decision to prosecute Dun- We see this in phrases such as “having
was high. Sir Arthur Conan Doyle reg- can as “obsolete tomfoolery.” By 1951, your day in court.” Many first-person
ularly consulted with a spirit named the Witchcraft Act had been repealed novels read like pleas made to an imag-
Pheneas, via his second wife, Jean Leckie, and replaced with laws persecuting de- ined court, one of public or godly opin-
who was also a Spiritualist. liberately fraudulent mediums, sparing ion. In the story within Kafka’s “Trial”
Unlike Leckie, Duncan was, by the true believers. (This law itself was re- which is often excerpted as “Before the
age of sixteen, an unwed mother. She pealed, in 2008.) Law,” a man spends year after year at
was kicked out of her family home and Gibson uses Duncan’s story to illus- the door of the law, which is guarded
worked in a factory before marrying a trate shifts in how the idea of witches, by a gatekeeper. The man is waiting to
cabinetmaker and having seven more and of witch-hunting—and, more rarely, gain entrance. Near the end of his life,
children. Duncan had lung and kidney a belief in actual witches—persists in old and frail, the man asks the gate-
infections, and her husband had a heart more recent times. She writes, “By the keeper a question: Why haven’t more
attack and a nervous breakdown, so she late nineteenth century the supposed people sought entrance at the door of
went back to work, this time at a bleach- enemies might be spiritualists, anar- the law? He’s been the only one there,
ing plant, with shifts that ran from 5 a.m. chists, communists, suffragists, or homo- over all those years. The gatekeeper re-
to 2 p.m.; when she got home, she did sexual people; in the twentieth century, sponds that it’s because that door is
mending and laundry work, to make civil rights campaigners and anti-colonial for him alone, and now the gatekeeper
additional money. But then Duncan’s nationalists joined the list.” can shut it.
64 THE NEW YORKER, JANUARY 22, 2024
the Embassy besieged by armed police
BOOKS for eleven days, until Mrs. Thatcher’s
government allowed the remaining Lib-
yan officials to leave the country. Brit-
EXIT, VOICE, AND LOYALTY ain and Libya broke off diplomatic re-
lations, and a deep antagonism persisted
A Libyan can’t quit London in Hisham Matar’s “My Friends.” until the end of the century. Yvonne
Fletcher’s name became talismanic in
BY JAMES WOOD Britain; in the square, a small stone me-
morial marks the spot where she fell.
That incident sits at the emotional
center of Hisham Matar’s new novel,
“My Friends” (Random House); all the
spokes of Matar’s lingering, melancholy
story connect to this transforming event.
“My Friends” is narrated by a Libyan
exile named Khaled Abd al Hady, who
left Benghazi in 1983 for Edinburgh
University, and who has lived in Lon-
don for thirty-two years. On the eve-
ning of November 18, 2016, Khaled de-
cides to walk home from St. Pancras
station, where he has seen off Hosam
Zowa, an old friend who is heading for
Paris. Khaled’s circuitous walk, which
loosely structures the narrative and con-
cludes only when the novel does, leads
him from St. Pancras to the Regent’s
Park Central Mosque, from there to
Soho, from Soho to St. James’s Square,
and finally to Shepherd’s Bush, where
he has lived in the same small rented
flat for the entirety of his London life.
This evening, Khaled is drawn to re-
turn to St. James’s Square because he
was one of the demonstrators outside
the Embassy back in 1984, alongside
Khaled, Matar’s narrator, has two friends who return to Libya. He prefers not to. two Libyan men who would become
his closest friends (they give the novel
t. James’s Square, like many others from the Embassy. A smaller counter- its title): one is Zowa, whom he has
Swarning
in London, appears with little fore-
or fanfare. You leave the expen-
demonstration of Qaddafi loyalists
faced them outside the building. The
just left at St. Pancras, and the other is
a fellow Edinburgh student named
sive ruckus of Piccadilly, cut down a nar- atmosphere was freighted with the hos- Mustafa al Touny. As he walks, Khaled
row side street, and there it suddenly is: tilities and mistrust of the preceding reprises the history of their intense tri-
a holiday from the city, with a public years: Qaddafi’s regime had bombed angular friendship, the undulations of
garden islanded in its center. One gen- and murdered Libyan exiles in Lon- their lives, and the shape and weight
tle corner is home to the London Li- don whom it considered its enemies; of their exile.
brary, founded in 1841 by the Scottish a day before the April 17th demonstra- Exile turns countries into temporal-
writer Thomas Carlyle, who complained tion, two student activists were pub- ities: the place you came from and the
that the British Museum Library was licly hanged in Tripoli. place you find yourself in become the
giving him “museum headache.” In St. James’s Square, the demon- time before and the time after. Khaled’s
In the early nineteen-eighties, the stration had barely got going when shots presence at the 1984 demonstration
square was also home to the Libyan were fired from the Embassy’s win- makes that division acute, sealing his
Embassy, or the Libyan People’s Bu- dows. Eleven protesters were injured, emigration by making it impossible for
reau, as it had been renamed follow- and a policewoman named Yvonne him to return to Libya. On that April
ing Colonel Muammar Qaddafi’s “pop- Fletcher, on duty that morning with day, we learn, Khaled was shot and
ular revolution.” On the morning of her policeman fiancé, was killed. I viv- wounded in his right lung. Assigned
April 17, 1984, a crowd of anti-Qaddafi idly remember the ensuing political a false name, he spent six weeks re-
demonstrators gathered across the street turmoil. The square was evacuated and covering in a London hospital, was
ILLUSTRATION BY BEN HICKEY THE NEW YORKER, JANUARY 22, 2024 65
debriefed by Scotland Yard detectives, cludes that his father most probably ing, of restoration and recognition. “In
and was finally given political asylum died on June 29, 1996, one of the vic- the Country of Men” closes with the
in Britain. He was now a marked man. tims of a purge in which twelve hun- fatherless narrator, now twenty-six and
Exile entered his body as fatefully and dred and seventy prisoners were exe- living in Cairo, preparing to meet his
decisively as the shooter’s bullet. In a cuted. Jaballa was fifty-seven; Hisham mother, who is finally visiting him
beautifully resonant image, Khaled tells was twenty-five. from Libya, and feeling “like a faith-
us that he felt the pain in his chest like In two novels and a memoir—re- ful dog still waiting, confident that his
“a cold fog ballooning inside the lung,” spectively, “In the Country of Men” owner will come to reclaim him.”
adding that he still feels a milder ver- (2006), “Anatomy of a Disappearance” Telemachus, Hamlet, Edgar haunt
sion of it when he fails to wrap up prop- (2011), and “The Return”—Matar has these books. In “The Return,” Matar
erly in chilly weather. He may or may found different ways of narrating the tells us that the picture of Gloucester
not have wanted to become a perma- aftermath of this most decisive wound. being led by his son Edgar toward the
nent resident of London, but damp, He has written that absence is not empty Dover cliffs has lived in him since his
foggy London has taken up permanent but “a busy place, vocal and insistent.” father’s disappearance—in particular,
residence inside him. His work speaks eloquently of this loud the lines “Give me your hand: you are
absence and its unstopped complexities. now within a foot / Of the extreme
isham Matar is a poet of before One of them is obvious enough: the verge.” The son who saves the father
H and after. He was born in 1970 in
New York City, where his father, Ja-
momentous event of Matar’s life hap-
pened first to his father and only sec-
may also be saved by the father.
The shape of Matar’s lifelong quest
balla Matar, was working for the Lib- ondarily to him. Matar’s writing is pain- inevitably places a narrative emphasis
yan delegation at the United Nations. fully alive to this asymmetry. Jaballa was on the shock of his own abandonment:
The family returned to Tripoli in 1973, potent, glamorous, mysterious, endowed the father leaves home. But in another,
and then moved to Cairo at the end of with a kind of Ciceronian fearlessness. quieter motif that runs through Matar’s
the seventies. Jaballa, a former Libyan “My forehead does not know how to work, the decisive break is not when
Army officer, became a proudly ada- bow,” he wrote from prison. the father leaves but when the son does.
mant opponent of Qaddafi’s regime. “It was said that even the way he In each of Matar’s earlier novels, the
He used his wealth and influence to walked irritated the authorities,” Matar narrator is sent away as a teen-ager
fund sleeper cells inside Libya, and to recounts. “It exuded defiance.” How from Libya to a school in a foreign
organize armed resistance in neighbor- could sitting in a study in London and country (Egypt in “In the Country of
ing Chad. In 1986, Hisham left Egypt writing about this man ever measure Men,” England in “Anatomy of a Dis-
for boarding school in England, where up to his profile in courage? It’s one appearance”). “The Return” recounts
he, like the narrator of “My Friends,” thing to live in the shadow of a daunt- the comic-pathetic adventure of the
assumed a false identity for the sake of ing parent, a predicament many chil- young Hisham, arriving from Cairo at
his safety. In 1990, while Hisham was dren know. It’s a different dilemma to Heathrow Airport and taking a black
a student in London, his father was live in the ghostly shadow of that great- London cab all the way to his board-
abducted from the family ness, where the challenging ing school in the countryside, because
apartment in Cairo and dis- patriarchal achievement is his parents had told him to. (The cab-
appeared into the mouth always beyond reach—leg- driver gets lost, and grumpily ejects his
of the Libyan security state. endary, lost. Matar writes, young passenger in the middle of no-
The family knows that Ja- “There is shame in not where.) Matar’s new novel makes our
balla spent time in the knowing where your father émigré a couple of years older, with
feared Abu Salim prison, is, shame in not being able Khaled leaving Libya for university
in Tripoli, also known as to stop searching for him, rather than for boarding school. But
“the Last Stop”; in the and shame also in wanting he never returns to his homeland, even
mid-nineties, letters were to stop searching for him.” as he watches Mustafa and Hosam go
smuggled out in which, A character in “In the back and eventually join the f ight
with regal irony, he de- Country of Men” says that against Qaddafi in 2011. Thinking of
scribed the concrete box of his cell as one of Qaddafi’s victims “vanished like those friends, Khaled talks of how “the
a “noble palace,” furnished “in the style a grain of salt in water.” But the bit- Libyan wind that tossed us north re-
of Louis XVI.” terness of not knowing is a drink that turned to sweep its children home.”
Then all communication ceased. One must be swallowed again and again. But he is apparently not one of those
prisoner claimed to have seen him as When did Jaballa Matar die? Was he children. He is “reluctant Khaled,” the
late as 2002. In 2012, Hisham returned still alive in 2002? Or later? If he died one whose life doesn’t quite fit together,
to Libya, in the hope of finding out in 1996, why is there no record of it? a man unable and then unwilling to
what happened to his father, a quest Not knowing condemns both the de- go home even when he could; unwill-
that, agonizingly, also incorporated the ceased and the descendant to wander, ing to risk unravelling the sparse, care-
more tenuous hope that Jaballa was still arms outstretched, searching cease- ful existence that he has built for him-
alive. But in a nonfiction account of that lessly for each other. Matar’s work is self in London. “The line that now
journey, “The Return” (2016), he con- filled with images of questing, of wait- separates me from my former self is
66 THE NEW YORKER, JANUARY 22, 2024
the chasm that I remain unable to
bridge,” he reflects. “You cannot be two
people at once.”
Sabsentotimewhofather.
is leaving whom? For the first
in Matar’s work, there is no
Khaled’s parents remain
alive and well in Benghazi, and indeed
manage to visit their son in London in
1992, when he is twenty-six. But he does
not visit them. It’s as if Khaled is both
Telemachus and Odysseus, at once son
and father, abandoned and abandoning.
Khaled made the mistake of leaving home
when “no one should ever leave their
home,” and the price he pays for this sin
will be a kind of long imprisonment in
England. The mysteriousness of Khaled’s
inertia, his woundedness—both a literal
wound and a figurative one—turns
Matar’s narrative into a deep and de-
tailed exploration not so much of aban-
donment as of self-abandonment. Who
is this man? Khaled remains obscure in “Gentle parenting wasn’t working, so we’re trying Velcro parenting.”
his inertia and his hesitation—damaged,
adrift, cut loose. Exile has split him into
different versions of himself, and he can-
• •
not quite tell the story that would make
the parts cohere again. Mustafa go to hear V. S. Naipaul speak Eliot, Joseph Conrad, D. H. Lawrence.
Meanwhile, a gap opens up between in London. They are admirers of his great “Where an exile chooses to live,” Khaled
him and Mustafa, who has always been early novel “A House for Mr. Biswas” tells the reader, with his peculiar fatal-
the less literary of the two, and the more (1961), and are severely disappointed when ism, “is inevitably arbitrary.”
politically radical. Mustafa, Matar writes Naipaul spends his time attacking “the In a novel rich in literary references,
in a lovely phrase, “entered books with evils of Muslims.” Matar’s fine novel, in there is one name that is easy to miss,
pointed implements,” scanning texts for turn, puts me in mind not of Naipaul’s partly because it appears fleetingly, and
quick political agreement or disappoint- joyful “Biswas” but of his more melan- partly because it has no obvious connec-
ment; Khaled tends to brood and drift. choly later work, in particular two books tion to the literatures of emigration or
Later, in Paris, when Khaled is in his late he wrote about exile and emigration in post-colonial exile. It’s the Russian writer
twenties, he meets Hosam Zowa, six years England, the novel “The Enigma of Ar- Ivan Turgenev, dear to both Matar and
his senior. Hosam was once a famous rival” (1987) and the novella “Half a Life” to his creation Khaled. Turgenev is the
young writer, the celebrated (and perse- (2001). It is, precisely, half a life that writer most directly associated with the
cuted) author of a book of short stories, Khaled is living, a severed existence. figure that became known in nine-
but he has produced nothing since. Khaled Through Khaled’s oddly paralyzed exile, teenth-century Russia as “the superflu-
will discover that Hosam was also pres- Matar offers a beautifully panoptic por- ous man”—the citizen unable to squeeze
ent at the St. James’s Square demonstra- trait of London as the city of literary his soul into action, paralyzed by litera-
tion. In time, both Mustafa and Hosam exile and emigration par excellence, a ture, marooned by excessive feeling, drift-
will be radicalized into heading home by place where the Arab intelligentsia came ing slightly out of time. Khaled, “reluc-
the dream of removing Qaddafi—“the in the seventies and eighties and after. tant Khaled,” the friend described by
kernel of our grief,” “our maddened fa- “It cannot be said that they prospered Mustafa as “the man who believes that
ther”—and building a new Libyan soci- here,” Khaled muses. “If anything, they if only people would read more the world
ety. They implore Khaled to join them— withered, grew old and tired. London would be a better place,” the Libyan fear-
the country needs him. Again, he holds was, in a way, where Arab writers came ful of abandoning his “meek” existence
back. The place he longs to return to is to die.” (The reader enjoys the irony, since in London, the intellectual who watches
the place that fills him with the great- London is where Matar has, literarily, at while his friends proudly depose the
est fear. “The place and I have changed least, thrived.) As Khaled reads further “maddened father,” “the kernel of our
and what I have built here might be fee- into English literature, he comes to un- grief ”—indeed, the Colonel of their
ble and meek, but it took everything I derstand that London is thronged with grief—is just such a superfluous man,
had,” he reflects. the ghosts of restless writers who didn’t and Matar’s most touching and provok-
Earlier in “My Friends,” Khaled and really belong there—Jean Rhys, T. S. ing creation: out of time, but of our time.
THE NEW YORKER, JANUARY 22, 2024 67
rings; the QAnon-esque luridness of
ON TELEVISION those crimes haunted the grizzled de-
tectives for decades thereafter.The writer-
director Issa López, who has taken over
GHOST TOWN from Pizzolatto as showrunner, moves
the action from sunbaked states to the
The return of “True Detective,” on HBO. fictional town of Ennis, Alaska, where,
as of mid-December, daylight won’t re-
BY INKOO KANG turn for several weeks. The uninter-
rupted Arctic dark lends the season its
subtitle, “Night Country,” as well as its
wintry, edge-of-civilization atmospher-
ics. Watching the six-part season from
under a blanket in California, I couldn’t
get warm.
The dead men who form the chilly,
Boschian tableau at the pilot’s conclu-
sion are (or were) scientists at a research
station on the outskirts of Ennis. With
unknown funders and an improbable
mission, the facility was shrouded in
mystery even before its occupants
turned up on the ice with their faces
literally frozen in horror. But Navarro
is hopeful that their bizarre fate will
offer some clues in a homicide case that
she and Danvers worked on years ear-
lier—the unsolved murder of a Native
woman named Annie Kowtok (Nivi
Pedersen), who agitated against the
mine that the town relies on for most
of its jobs—when Annie’s severed
tongue materializes, without explana-
tion, in the scientists’ mess hall.
Here, the “True Detective” formula
kicks in: Danvers and Navarro reunite
as partners despite their mutual sus-
picion, and their rocky history even-
tually threatens their credibility on the
new case. Conspiracies, hostile forces,
he first crime scene in the new sea- in cuffs. The local chief of police, Liz and occult flourishes abound. The uni-
T son of “True Detective” isn’t that
of the seven gnarled, naked bodies we
Danvers ( Jodie Foster), isn’t exactly com-
plimentary when she later says that Na-
verse of the show is one in which the
police—even the brilliant ones—are
see piled on top of one another in the varro’s “got this thing about women who always failing. Danvers has long since
snow at the end of Episode 1, but of a get hurt.” The arrest feels righteous, but reconciled herself to that reality: of the
more mundane violence. A woman tries the stench of the man’s menace lingers. earlier cold case, she says, “This one
to flee her physically abusive boyfriend, Tidy endings are hard to come by, es- was never gonna be solved. Ennis killed
and he tracks her down at work. This pecially once blood has been spilled. Annie.” She’s an outsider, unmoved by
time, he gets walloped, with a metal There’s a refusal to separate or ele- Navarro’s insistence that a white mur-
bucket, by his girlfriend’s co-worker, an vate sensational brutality from the ev- der victim wouldn’t have been so read-
older woman. The blow leaves his face eryday sort in this latest installment of ily forgotten. Nor is she particularly
a gory mess. The officer who arrives to the HBO anthology drama—a femi- sensitive toward her stepdaughter, Leah
escort the man off the premises, Evan- nist revision of a series best known for (Isabella Star LaBlanc), whose new-
geline Navarro (Kali Reis), asks the girl- its macho poetry and its ogling eye. found embrace of political activism—
friend whether she’ll press charges The show’s creator, Nic Pizzolatto, had and of her Native heritage—she con-
against her ex; the trooper doesn’t offer his mostly male investigators contend siders a needlessly risky attempt at
him the same choice before putting him with child murderers and pedophile teen-age rebellion. In Danvers’s view,
there’s no ridding the world, or even
“Night Country” takes pleasure in the complexities of its women protagonists. her own squad, of shit-heels and male-
68 THE NEW YORKER, JANUARY 22, 2024 ILLUSTRATION BY ANGELICA ALZONA
factors; there’s only limiting the damage. example—but, in less adept hands,
Whereas Pizzolatto’s iteration of the former can feel like homework
the show had few female characters of and the latter a shallow exercise in
substance, the new season delights in style. (In the most recent season of
the complexities of its women protag- “Fargo,” self-serious kitsch and pun-
onists. The chief ’s no-nonsense veneer ishing sincerity layered irritation on
allows her to insult her subordinates, irritation.) Pizzolatto’s “True Detec-
including her shiftless deputy Hank tive,” which last aired five years ago,
( John Hawkes), without it feeling all ran largely on vibes, too, and when
that personal. But she’s got a mater- sleaze and nihilism couldn’t sustain
nal side—one that she indulges with its overcomplicated plotting, the
Hank’s son, Peter (Finn Bennett), a mysteries sagged.
junior officer—as well as a penchant López has accomplished the un-
for affairs with married men that’s made common feat of resuscitating a fran-
her persona non grata among many chise that didn’t deserve saving. She
women in town. first broke out with “Tigers Are Not
Foster has spent much of the past Afraid,” a 2017 f ilm that blended
decade and a half behind the camera, human horrors and magical realism, Drive Out Cancer
as a director, but she’s lost none of the and her season of “True Detective” With Your Car
cerebral confidence that has underpinned pulls off the same balancing act. Al-
her distinctive sex appeal. It’s no shock though Danvers, like the show’s orig- Donation
that she’s compulsively watchable. It is inal protagonist (played by Matthew
Did you know you can donate
a pleasant surprise that her nearly un- McConaughey), obsesses over “ask-
known co-star is just as compelling, with ing the right questions,” López isn’t your used car to Stand Up To
a refreshingly naturalistic screen pres- always interested in furnishing an- Cancer and help fund cancer
ence. Reis, a professional boxer turned swers, and the series mostly benefits research? It makes a significant
actor with cheek piercings where her from her willingness to dwell in am- impact. Your donation brings us
dimples might be, looks so solid from biguity. Are Julia’s visions a by-prod- one step closer to a world
the neck down that her body is like one uct of schizophrenia, as her doctors
without cancer. Do something
long, taut muscle, but her character has suggest, or rooted in spiritual truth?
a habit of picking fights she’s unlikely The matter is never fully litigated. good, skip costly repairs, and
to win. Navarro’s volatility masks deep- López’s dialogue is more pedestrian free up space in the garage.
seated vulnerabilities. Her unstable than her predecessor’s, but she has an We accept all types of vehicles,
mother died before sharing Navarro’s instinct for imagery that’s both gen- running or not.
Inupiaq name with her, leaving her pain- uinely frightening and strangely in-
fully disconnected from her culture. She viting, amplifying the scripts’ the-
lives in fear that her sister, Julia (Aka matic heft. “Night Country” plays
Niviâna), who’s already been institution- with the gendered expectations be- Donating is easy,
alized once, may slip through the cracks hind certain TV-cop tropes: it’s Dan- and your gift is
if she continues to resist treatment— vers, not Hank, who models self-
and that Julia isn’t the only member of destructive workaholism for Peter, tax-deductible.
the family who inherited their moth- downing vodka alone and poring over
er’s hallucinations. Not everyone finds case files before pulling him away
the apparitions the siblings struggle to from his family on Christmas Eve. Call:
shake off so unnatural. “Ennis is where The season is similarly probing about 844-866-SU2C (7822)
the fabric of all things is coming apart the moral authority that can be re- or visit:
at the seams,” Navarro’s friend Rose flexively assigned to women over men
(Fiona Shaw) says; she routinely sees in our fantasies of female vengeance standuptocancer.org
her deceased lover roaming the tundra. for male aggression. Through it all,
“This is Ennis, man,” another charac- meditations on the unknowability of
ter says simply. “You see people who are the cosmos are offset by close obser-
gone sometimes. It’s a long fucking night. vations of relationships—however
Even the dead get bored.” contingent or dysfunctional they may
be. By grounding her supernatural
n the prestige-TV era, the police whodunnit in more intimate, inter-
Ithrough
procedural has grasped for cachet
social critique (“The Wire”)
personal dramas, López transforms
“True Detective” from a lot of mys-
Stand Up To Cancer is a
or cool vibes (“Fargo”). Some achieve tical mumbling into a show with 501(c)(3) charitable
both—“Top of the Lake” is an easy something to say. organization.
tion—or, rather, she takes many positions,
THE THEATRE all of which counter the blundering po-
litical forays of their visiting American
cousin, Molly (Molly Ranson). “I had no
IMPASSE idea Israel’s occupation of Palestine was
so problematic. Thank you so much for
“Prayer for the French Republic” comes to Broadway. that,” Elodie says, her voice dripping acid.
Harmon’s other major plays have been
BY HELEN SHAW sour-sweet domestic comedies: “Signifi-
cant Other” joked about loneliness within
friend groups; “Bad Jews” got its many
laughs from intrafamilial hostility. “Prayer,”
which was first produced Off Broadway,
in 2022, incorporates that wry perspec-
tive on kinship into a political drama, in
the sense that Harmon considers the polis,
or the city-state. Is that city Paris, as it
seems to be? Sensorily, perhaps. Harmon’s
stand-in, Molly, is bewitched, as Amer-
ican visitors always are, by the croissants;
she soon starts dating her (distant) cousin
Daniel, as a self-conscious adventure. (“I
had a French boyfriend, in France, in
Paris. Do you know how sexy that is where
I come from?”) And the production, di-
rected by David Cromer, pauses several
times to marvel at the eau-de-vie light
streaming in through the set’s tall windows.
But Harmon is also meditating on cit-
ies closer to hand. He has spoken about
writing the play in the shadow of Trump’s
election, after the chants in Charlottesville,
after the shooting at a kosher grocery
store in Jersey City. His and Cromer’s
production fits into a modern Broad-
way where we are frequently asked to
think about Jewish identity and antisem-
itism (in “Leopoldstadt,” in “Harmony,”
in “Parade”), and about a United States
that is boiling over with fascist rheto-
n 1791, France became the first Euro- It’s 2016 in Paris, and the Benhamou ric. The danger with political theatre, of
IJewish
pean country to fully emancipate its
population, and for more than
family is wondering if they should leave
an increasingly hostile France. Since the
course, is that our polis shifts so quickly.
Scenes that are topical one season can
two hundred years French rabbis have twenty-six-year-old son, Daniel (Aria take on unexpected valences the next.
spoken a special Sabbath benediction. Shahghasemi), has begun wearing a yar- Harmon uses two dramatic devices to
“May France enjoy a lasting peace and mulke, he has been attacked twice, and shape our understanding of the Benha-
preserve her glorious rank among the the Benhamous ask if they—like eight mous’ debate: a present-day narrator—
nations,” they recite; the congregation thousand French Jews the previous year— Marcelle’s brother, Patrick (Anthony
replies, “Amen.” For centuries, Jewish should immigrate to Israel. Daniel’s fa- Edwards, replacing the Off Broadway
identity in France—despite the Dreyfus ther, Charles (Nael Nacer), whose family version’s excellent Richard Topol)—who
case, despite Vichy collaboration, despite fled antisemitism in Algeria in the sixties, addresses us directly; and flashbacks, in
waves of hate crime—has been tightly says leave; his mother, Marcelle (Betsy this case to the Salomons’ Paris apart-
linked to the state. But in Joshua Har- Aidem), whose great-grandparents the ment, between 1944 and 1946. Takeshi
mon’s “Prayer for the French Republic,” Salomons miraculously survived the Nazi Kata’s ungainly set design allows one side
now on Broadway at the Manhattan occupation of Paris, says remain. Daniel’s of the airy Benhamou flat to rotate out
Theatre Club’s Samuel J. Friedman The- brittle twenty-eight-year-old sister, Elo- of sight, showing us a sepia-dark dining
atre, that contract shows signs of strain. die (Francis Benhamou), takes no posi- room, where Irma Salomon (Nancy Rob-
inette) and her husband, Adolphe (Daniel
A French Jewish family contemplate safety and belonging, then and now. Oreskes), wait. There, after the liberation
70 THE NEW YORKER, JANUARY 22, 2024 ILLUSTRATION BY TOM HAUGOMAT
of the camps, they greet their returning (they can’t abandon their careers and her and forth and back and forth until forever.
son, Lucien (Ari Brand), and their fifteen- father); the younger generation offers es- Spain, Algeria, France . . .
year-old grandson, Pierre, who will grow calating commentary. Round and round Always on the go, always moving, never . . .
Always wandering . . .
up to be Marcelle and Patrick’s father. they go, until Charles, a sob in his throat, But what can you do? It’s the suitcase, or
(Ethan Haberfield plays Pierre at fifteen; says, “I’m scared.” Suddenly, the bicker- the coffin.
Richard Masur plays Pierre in his eight- ing stops. This pattern—frantic verbal
ies.) Even after the horrors they’ve suf- gamesmanship and then a heartbroken Is it “crisscrossing” if you’ve made one
fered, the Salomons, like the Benhamous cry—repeats throughout the play. Throb- journey in five hundred years? As pro-
after them, engage in spirited verbal duels. bing emotionality becomes the answer pulsive as the play’s language can be—
At first, the chilly, assimilationist Patrick to both the drama’s “How will this scene the night I saw it, Elodie’s bar rant about
seems to be the play’s raisonneur, there find a turning point?” and the characters’ Americans’ obsession with Israel received
to explicate history and to make sense of “How shall we decide?” mid-scene applause—Harmon too often
so much noisy disagreement; eventually, I found this rhythm unflattering for fails to make his characters into anything
though, we see the contempt that Har- the actors. Betsy Aidem, a theatrical pow- other than animated position papers.
mon has for Patrick’s detachment. erhouse, has to deliver too many of her Only in scenes with the incredible Rob-
lines with her voice breaking, for example. inette, who gives the self-deluding, hope-
“ P rayer” is about argumentation—
familial arguments, certainly, but
But at least it plays into one of Harmon’s
own points: How much weight should a
ful Irma a dozen delicate gradations, does
Harmon’s work create a beautifully ren-
also a tradition of disputation. And the person give to a feeling? The Salomon dered illusion of reality.
show, when it hits its stride, captures scenes put their thumb on the scale in Like any play transferring to Broad-
both the galvanizing and the infuriat- favor of intuition: the only branches of way from an Off Broadway success, this
ing aspects of incessant intellectual com- Marcelle and Patrick’s family to survive “Prayer” is a counterproposal to its ear-
bat. You can tell when a playwright has intact were those which left before the lier, smaller, and more intimate iteration.
a favorite character in his own play, and war. Trust yourself, or trust the state? In some practical ways—for instance, the
here it’s the fractious, sarcastic Elodie, Harmon has done an efficient job of per- recasting of Patrick with Edwards, whose
who never stops debating. She’s con- sonifying such difficult questions—he is discomfort with his narrator duties hob-
stantly telling people, “This is my last, determined to make a theatre of ideas. bles the play from the start—the com-
last, final point,” though Elodie never Unfortunately, he isn’t as interested petition is weighted toward the Off
runs out of points. At a bar with Molly, in character consistency. Elodie says that Broadway version. That production,
discussing Israel with her cousin the way she is two years into a “manic depres- though, now feels like a relic from an-
a steamroller might discuss bumps with sive episode,” yet her mother, a psychi- other time, before the recent Hamas at-
asphalt, Elodie insists, “History demands atrist, doesn’t discuss her daughter’s men- tacks and the war in Gaza. The play’s
we go back and forth all night, you can’t tal health when deciding whether to ideas about the utility of fear sound par-
understand one thing without under- uproot her. Daniel is interested in Or- ticularly strange in this changed air. The
standing everything.” thodox Judaism, but he never refers to, production itself seems more tentative
In order to short-circuit this perpet- say, studying the Talmud. And Charles than it was before: Harmon has removed
ual back-and-forth—the play is already tells Molly that, before they came to from the script a final recounting of sev-
three hours long—Harmon must maneu- France, the Benhamous were in Alge- eral hate crimes that will occur after 2016,
ver his characters toward some resolution. ria for five hundred years. Moments later, perhaps so that the audience will not think
He does this by cranking up the emo- he talks about his family being constantly about other, more recent events.The room
tion. At the end of Act I, for instance, the on the move: in 2022 where I first saw “Prayer” is lost
Benhamous are fighting about the pos- This is what the Benhamous do. We just now. The play was built for it, and some-
sible move: Marcelle makes a solid case keep crisscrossing the Mediterranean, just back times you can’t go home.
THE NEW YORKER IS A REGISTERED TRADEMARK OF ADVANCE MAGAZINE PUBLISHERS INC. COPYRIGHT ©2024 CONDÉ NAST. ALL RIGHTS RESERVED. PRINTED IN THE U.S.A.
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“ ”
..........................................................................................................................
“So, to summarize, the big hand is your father, “But, baby, it’s cold inside.”
the little hand is you, and the second Jeff Villhauer, North Liberty, Iowa
hand is your life going in meaningless circles.”
David Carlson, Cambridge, Mass.
THE 17 18
CROSSWORD 19 20
21 22 23
A lightly challenging puzzle.
24 25 26 27 28
BY PATRICK BERRY
29 30 31
32 33 34 35
ACROSS
1 Sheds feathers
36 37 38
6 Password-protected café offering
10 Swanky 39 40
56 “___ Than Zero” (1985 Bret Easton Ellis 33 Iridescent gem with a red-orange tinge S A M E B A S I E P E S O