Hindsight is 20/20. The Clinton campaign had good reasons for its rally scheduling

I’ve seen a lot of posts over the past month bemoaning Clinton’s failure to take the Rust Belt seriously with more visits and ad spending. Heck, I wrote one of those posts. I even called it political malpractice for failing to visit Wisconsin (at all) and Michigan (until the last week).

But here’s an argument on the other side that I have not yet seen in this debate: the more salient risk at the time was Clinton’s health and fatigue. The only time in the campaign when Trump had pulled even was immediately after her collapse and pneumonia revelations after Sept. 11. That episode coincided with the first sudden drop in her support in the campaign after she had taken a commanding lead after the conventions. (The simultaneous “basket of deplorables” frenzy drove her numbers down, but the illness was salient for a week as she was resting and unable to address the “basket case” or shift the debate, so the illness was a double-whammy).

First: The point is that in real time, the Clinton campaign had to weigh the risks of overscheduling and exhaustion and relapse vs. recuperation and being focused and balanced in the three debates. At the time, there was a much bigger risk of another bout of illness or a gaffe or some hint of a lack of energy in the debates, rather than the uncertain local effect of a campaign rally in Milwaukee or Detroit or Johnstown, PA.  The research shows that a local campaign event has a short term impact on polls that steadily dissipates over a week or two.  But the effect of a bad debate could have been disastrous. Moreoever, the Trump campaign and the Fake News Network had been planting stories that Clinton had a serious illness (Parkinson’s? Cancer? Yes, even possession by demons, a story I had seen on the interwebs). Even if the lunatic right did not need evidence, the concern was that another fainting spell or collapse could raise enough concerns among swing voters, many of whom had underlying doubts about a woman being able to handle this job.

Second: the polling data, internal and external, showed Clinton with a steady lead in Wisconsin, Michigan, and Pennsylvania through September and October. Meanwhile, other swing states had early voting (Nevada, Colorado, North Carolina, Florida, etc.).  The data show that campaign rallies have limited and diminishing impact in states far before election day, but they have more immediate impact when early voting is already happening. The campaign committed its most limited resource (the candidate’s time and health) to the early vote swing states, where it would have immediate impact, rather than other swing states with diminishing impact. Keep in mind that at the time, Florida, Nevada, North Carolina looked far more competitive.

Third: my worry was about an October surprise, like a terror attack or a power grid attack on Philadelphia or Milwaukee (shutting down election day electronic voting). I didn’t foresee the Comey inside job. It turns out that an October surprise did swing the election, and it was worth a shot at trying to limit its damage. If you’re worried about October surprises, you need to bank as much early voting as possible. So I agree with the campaign focusing on the early vote, rather than just on securing the Blue Wall months or weeks out from election day. Let’s be a little more generous and a little less second-guessing.

 

Author: Jed Shugerman

Jed Handelsman Shugerman is a Professor and Joseph Lipsitt Scholar at Boston University School of Law. He was at Fordham Law School 2013-2022. He received his B.A., J.D., and Ph.D. (History) from Yale. His book, The People’s Courts (Harvard 2012), traces the rise of judicial elections, judicial review, and the influence of money and parties in American courts. It is based on his dissertation that won the 2009 ASLH’s Cromwell Prize. He is co-author of amicus briefs on the history of presidential power, the Emoluments Clauses, the Appointments Clause, the First Amendment rights of elected judges, and the due process problems of elected judges in death penalty cases. He is currently working on two books on the history of executive power and prosecution in America. The first is tentatively titled “A Faithful President: The Founders v. the Unitary Executive,” questioning the textual and historical evidence for the theory of unchecked and unbalanced presidential power. This book draws on his articles “Vesting” (Stanford Law Review forthcoming 2022), “Removal of Context” (Yale Journal of Law & the Humanities 2022), a co-authored “Faithful Execution and Article II” (Harvard Law Review 2019 with Andrew Kent and Ethan Leib), “The Indecisions of 1789” (forthcoming Penn. Law Review), and “The Creation of the Department of Justice,” (Stanford Law Review 2014). The second book project is “The Rise of the Prosecutor Politicians: Race, War, and Mass Incarceration,” focusing on California Governor Earl Warren, his presidential running mate Thomas Dewey, the Kennedys, World War II and the Cold War, the war on crime, the growth of prosecutorial power, and its emergence as a stepping stone to electoral power for ambitious politicians in the mid-twentieth century.

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