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Third 2016 presidential debate

Had Donald Trump been as in command of his demeanor and of the debate subject matters in his previous bouts with Democratic presidential candidate Hillary Clinton, and had he been able to restrain his impulsive reactions to her skillful provocations, he would probably not be trailing her in the polls as badly as he is doing these days. The big story most media outlets have run with right after the third presidential debate in Las Vegas Wednesday night has been Trump’s refusal to commit to honoring the results of the November 8 elections—the first presidential candidate to have done so before the actual vote. But it’s doubtful that his coy response, that he’ll keep us in suspense, will actually hurt his numbers in the coming nineteen days. After all, he has done just that during the early primary debates, refused to commit to supporting the Republican nominee, no matter whom he or she would be — and his poll numbers increased. Trump’s devastating failure this third debate has been to move the needle on his appeal to American women.

A new CBS poll of 13 battleground states taken a couple of days before Wednesday night’s debate showed women voters favor Clinton by 15 points over Trump, compared with 5 points a month earlier. Regardless of how he got there, how unfair that hot mic recording of his uttering really vulgar words on the bus had been, how the media were ganging up on him and how the Clinton campaign was to blame for the ten or so women who came out to portray him as an abusive man — it worked, and it was Trump’s job to fix it.

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He didn’t have to win over the swing state women, he just needed to bring their support back to what it had been — a +5 for his opponent, because he had the majority of male voters on his side. Making peace with women had to be his top priority, if he wanted a shot at winning Florida, Pennsylvania and Ohio, the must-win-2-out-of-3 states for Republican presidential candidates. He failed abysmally.

He didn’t even have to be contrite, he didn’t have to apologize, he didn’t have to make any of the PC gestures he—and many of the rest of us—despise so much. He just had to show empathy, take the high road, look and sound like a mensch. Instead, he willingly conceded the women’s corner to his opponent, and became entangled in a string of denials that focused attention on the accusations against him, rather than build him up as a human being. It wasn’t enough to repeat the line, “Nobody has more respect for women than I do. Nobody,” which elicited one of the very few roars of laughter from the audience. He had to show respect, and he had a perfect opportunity right there and then, seeing as his opponent happens to be female. He couldn’t do what a number of better skilled American politicians have done with grace — including, most emphatically, presidential candidate Bill Clinton, who, during the 1992 campaign, was floored several times by very serious allegations of sexual misconduct. Bill Clinton showed the skill and smarts that were required to dig himself out of the hole every time some woman from Arkansas had stood up to remind him of their quality time together.

Instead, Trump went on the attack against his accusers, not understanding the fundamental rules of the complex game known as American politics: you can’t ever appear like the bully, you can’t ever express contempt towards people who are weaker and poorer than you, and you can’t ever, ever, tell a rape victim she’s a liar, even if she’s lying.

But when it came to hitting his opponent hard where she deserved to be hit, Trump was weak and unforcused. Hillary Clinton evaded the moderator’s hard-hitting questions with admirable facility, at one point turning Chris Wallace’s poignant question on the corrupt “pay to play” conduct of the Clinton Foundation into an infomercial on the good works of the same foundation, but Trump stood and watched, overmatched, as his rival was taking his lunch.

The media are congratulating Wallace on his strength and competence, and he certainly has been better than everyone before him, but look at this exchange, and notice how Trump was unable to deliver a devastating blow against his opponent, despite the enthusiastic support from the moderator on this issue:

Wallace: Secretary Clinton, during your 2009 Senate confirmation hearing you promised to avoid even the appearance of a conflict of interest with your dealing with the Clinton Foundation while you were secretary of state, but e-mails show that donors got special access to you, those seeking grants for Haiti relief separately from non-donors and some of those donors got contracts, government contracts, taxpayer money. Can you really say you’ve kept your pledge to that Senate committee and why isn’t what happened and what went on and between you and the Clinton Foundation […] what Mr. Trump calls pay-to-play?

Clinton: Well, everything I did as secretary of state was in furtherance of our country’s interests and our values. The state department has said that. I think that’s been proven, but I am happy — in fact, I’m thrilled to talk about the Clinton Foundation because it is a world-renowned charity and I’m so proud of the work that it does. I could talk for the rest of the debate. I know I don’t have the time to do that, but just briefly the Clinton Foundation made it possible for 11 million people around the world with HIV AIDS to afford treatment and that’s about half of all the people in the world that are getting treatment in partnership with the American health association.

Wallace then reminds Clinton, “The specific question is about pay to play —” and he asks Trump for his input.

Alas, Trump is unable to form a coherent, razor-sharp attack and resorts instead to anecdotal arguments. He is not in command of the facts in those Wikileaks, he can’t make the case, and falls flat instead, coming across yet again as grumpy Trump.

Trump: It’s a criminal enterprise. Saudi Arabia given $25 million, Qatar, all of these countries. You talk about women and women’s rights? So these are people that push gays off business, off buildings. These are people that kill women and treat women horribly and yet you take their money. So I’d like to ask you right now why don’t you give back the money that you’ve taken from certain countries that treat certain groups of people so horribly? Why don’t you give back the money? I think it would be a great gesture because she takes a tremendous amount of money. And you take a look at the people of Haiti. I was in Little Haiti the other day in Florida, and I want to tell you they hate the Clintons because what’s happened in Haiti with the Clinton Foundation is a disgrace. And you know it and they know it and everybody knows it.

There’s a reason why the vast majority of American politicians are Law School graduates. Law School is where you learn to think on your feet to form a counter argument quickly and convincingly, before a critical judge who isn’t interested in your trip to Little Haiti and how the folks down there hate Hillary. And while Trump was busy going nowhere, Hillary was preparing a massive counter attack. And, remember, she didn’t have to destroy her opponent, only to divert attention from the very real accusations made by Wallace against her conduct as Secretary of State, affording access to her foundation’s donors.

Wallace: Secretary Clinton?

Clinton: Well, very quickly, we at the Clinton Foundation spend 90%, 90%, of all the money that is donated on behalf of programs for people around the world and in our own country. I’m very proud of that. We have the highest rating from the watchdogs that follow foundations. And I would be happy to compare what we do with the Trump Foundation which took money from other people and bought a six-foot portrait of Donald. I mean, who does that? I mean, it just was astonishing. But when it comes to Haiti, Haiti is the poorest country in our hemisphere. The earthquake and the hurricanes, it has devastated Haiti. Bill and I have been involved in trying to help Haiti for many years. The Clinton Foundation raised $30 million to help Haiti after the catastrophic earthquake and all of the terrible problems the people there had. We’ve done things to help small businesses, agriculture, and so much else. And we’re going to keep working to help Haiti because it is an important part of the American experience.

This is how it’s done.

Finally, close to the end, when most pundits were prepared to declare him the winner, at least by points, Trump shot himself in the foot and provided the opposition with a golden slogan. The topic of discussion was entitlement programs, including Social Security, that “third rail of American politics,” where countless Republicans have lost to countless Democrats who knew that any voter over age 50 doesn’t care about the program’s solvency, they just want to be reassured their checks will be in the mail for as long as they live once they retire. Which is what Hillary gave them, possibly without a shred of real figures to support her:

Clinton: Well, Chris, I am on the record as saying we need to put more money into Social Security Trust fund. That’s part of my commitment to raise taxes on the wealthy. My Social Security payroll contribution will go up as will Donald’s, assuming he can’t figure out how to get out of it, but what we want to do is —”

And Donald Trump leaned into the mike and said hoarsely: “Such a nasty woman.”

Clinton either hadn’t heard him or chose to ignore him, but millions of women saw an angry man belittling and attacking one of their own. Expect T-shirts saying “I’m voting for the nasty woman,” very much like the Obama campaign’s T-shirts from 2008, with the slogan, “I’m voting for that one,” following Sen. John MacCain’s unfortunate reference to his debate opponent Sen. Barack Obama. And, as has been the theme of this post 3rd debate analysis, should he lose the election, Donald Trump will have mostly himself to blame for rigging it.

Finally, in the discussion of third-trimester abortions, Hillary Clinton presented the familiar, feminist argument about the woman’s right to make decisions about her body, with the support of her family, her doctor, and her spiritual adviser. Jewish law, which does not believe that we own our bodies, since they belong to the Creator, we are merely the custodians of our bodies, nevertheless sides with those who permit third-trimester abortion, for a completely different reason.

In a case where the birth of the fetus poses a threat to the life of the mother, before the birth has begun, as long as the fetus is completely in the womb, the fetus that threatens its mother’s life is considered a “rodef,” a person who wants to kill another person and should be killed first. In such a case, the midwife is permitted to even cut the fetus up and pull it out in pieces, to save the mother. In fact, Donald Trump described in great detail precisely what the halakha encourages the midwife to do should the fetus risk its mother’s life:

Trump: Well I think it is terrible. If you go with what Hillary is saying, in the ninth month you can take baby and rip the baby out of the womb of the mother just prior to the birth of the baby. Now, you can say that that is okay and Hillary can say that that is okay, but it’s not okay with me. Because based on what she is saying and based on where she’s going and where she’s been, you can take a baby and rip the baby out of the womb. In the ninth month. On the final day. And that’s not acceptable.

Had he asked his Orthodox Jewish daughter Yael, she would have told him that this is exactly how our tradition describes what is permitted in that tragic case where the mother’s life is at stake.

However, everything changes in our halakha when it comes to partial birth. If most of the baby is out of the womb, we’re no longer dealing with a fully realized life—the mother, versus a potential life—the fetus. Now we have two fully realized humans with equal rights to life. According to our laws, if the baby’s head has emerged completely (the maximalist view), or 51% of the baby’s body has emerged (the minimalists), we can no longer kill the baby.

Two of our major scholars, Maimonides and Rashi, hold different views on abortion for reasons other than the health of the mother. In a cases where the fetus is likely to be born deformed, Rashi, who holds it is not a realized human, would permit an abortion, Maimoides does not.

By the way, all Jewish authorities agrees that for the first 40 days of pregnancy a woman may terminate without any question, because the fetus only receives a soul on its 40th day.

But overall, Jewish law never views the killing of an unborn fetus as murder, at most it would be a case of manslaughter, but more likely a case of civil damages, if done against the woman’s will.

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