Monday, April 24, 2023

People are People

Transgender people are people, representative, and deserve to be treated as such by this body too.

- Justin Pearson

This week's featured post is "Reflections on driving across America". My time in the wilderness gave me a vision I'd like to get out of my head.

This week everybody was talking about bizarre shootings

By now, we've almost gotten used to mass shootings, even school shootings: Somebody goes crazy in a way that makes them want to see a lot of people dead. Even though it doesn't make sense in any rational way, we've learned how to tell a story about it. You say, "There was a school shooting in Nashville" and people more-or-less know what you mean.

But the last two weeks have been marked by shootings that made the whole country go "Huh? What was that about?"

It started with the shooting of Ralph Yarl on April 13. Ralph is 16 years old, Black, and (still) lives in Kansas City, Missouri. His mother sent him to bring his younger brothers home from a friend's house. But he got the address wrong, so he rang the doorbell of Andrew Lester, who is 84 years old and White. Lester told police he was "scared to death" to see a young man "approximately six feet tall", so he shot him through the glass door, hitting him in the head and arm. (Yarl is actually 5'8" and weighs about 140.) Police believe there was a "racial component" to the incident.

Yarl is home now and talking, so at least there's that.

Two days later Kaylin Gillis, a 20-year-old White woman, was in a car full of young people who turned down the wrong driveway in Hebron, New York, a rural community near Vermont. As the car was backing out, Kevin Monahan reportedly came out of his house and fired two shotgun blasts at the car, killing Gillis.

Three days after that, just past midnight on Tuesday, four cheerleaders were in a supermarket parking lot in Elgin, Texas, regrouping after they had car-pooled to a practice session. Heather Roth got into the wrong car and saw Pedro Rodriguez Jr. in the passenger seat. She realized her mistake and returned to her friend's car. Rodriguez allegedly got out of his car and began shooting, grazing Roth and seriously wounding her friend Payton Washington.

Also on Tuesday, a basketball rolled into Robert Singletary's yard, and he yelled at the kids who came to retrieve it. When one of the kids' fathers came to Singletary's door to protest the language he had used, Singletary reportedly opened fire, wounding the father and his six-year-old daughter.

Hardly anybody even mentions the Instacart drivers who got shot at for being at the wrong address on Saturday. Nobody was hurt and they were in Florida, so local police didn't think shooting at them broke any laws.

In each of these cases, someone got rattled or annoyed for a somewhat understandable reason -- a stranger getting into your car, kids who won't respect your property line -- and then opted to shoot rather than talk or just walk away. For both Gillis and the cheerleaders, the situation was already resolving itself: the car was backing out the driveway, Roth got out on her own. If the shooter just does nothing, everyone goes home unharmed.

The NRA likes to say that "an armed society is a polite society" (a quote Psychology Today critiqued last year). But these incidents make the opposite point: In an armed society, misunderstandings and trivial conflicts easily become life-threatening. In each of these cases, someone is dead or badly wounded because there was a gun involved. In each case, we can be thankful that no "good guy with a gun" was ready to shoot back. Who knows what the body count would have been?

The more accurate slogan is: more guns, more deaths.


I have to apply this principle to the suggestion that we can solve school shootings by arming teachers. First off, until she retired, my sister was an elementary school teacher. I don't like the image either of her feeling obligated to shoot it out with somebody wielding an AR-15, or of a gun being one more thing to keep track of in a normal day in her classroom. (I just talked to her; she doesn't like it either.)

But second, I have to wonder how long it will be before some teacher is the shooter. Kids can be annoying. Parents can be annoying. There are arguments in teacher lounges. Teachers often feel mistreated or unfairly judged by their principals. How long before one of these situations leads to gunfire?

And finally, I am absolutely certain that armed teachers will have a higher suicide rate. Like policing, teaching is an emotionally stressful profession, full of ups and downs and occasional feelings of pointlessness or failure. As a Stanford study noted, access to a gun is a major risk factor for suicide:

Suicide attempts are often impulsive acts, driven by transient life crises. Most attempts are not fatal, and most people who attempt suicide do not go on to die in a future suicide. Whether a suicide attempt is fatal depends heavily on the lethality of the method used — and firearms are extremely lethal.

Give teachers guns, and more of them will wind up dead. More guns, more deaths.


The shootings mentioned above make another point: The sheer number of guns is only part of America's problem. Another part is the exaggerated level of fear that gun manufacturers use to sell more guns, and that right-wing media uses to argue against sensible gun laws.

Andrew Lester's problem wasn't just that he had a gun. It's that his mind so quickly jumped from seeing a Black teen at his door to stories of deadly home invasions, which are actually quite rare. And what if you need to fend off multiple home invaders? Then you don't just need a gun, you need the kind of high-capacity magazines that anti-Second-Amendment types want to ban.

Your goal is to protect yourself and your family. Having 15 to 30 rounds in your weapon at a time will exponentially increase your ability to defend your family. You can be the greatest shot in the world, but 10 rounds runs out faster than 15 to 30. Period.

Besides, what if your attackers are equipped with high-capacity magazines themselves? In a situation where you are defending yourself and your family, you do not want to be outgunned. Having high-capacity magazines is a responsibility you can take to ensure that you won’t be outgunned

What if? What if? Our culture trains our minds to jump to the most horrifying possibilities, no matter how unlikely they are. And right-wing politicians stoke fear. As Donald Trump likes to tell his rallies: "They're not coming after me. They're coming after you. I'm just in the way."

They? Who the hell are they?

Paul Waldman quotes NRA President Wayne LaPierre: "every day of every year, innocent, good, defenseless people are beaten, bloodied, robbed, raped and murdered". Lately, though, it looks like the bigger danger is scared people with guns. If you want to feel less afraid, don't buy a gun. Just turn off Fox News, especially when they cover Trump or LaPierre.


David French, a gun owner who was considered a staunch conservative not so long ago, describes the current right-wing attitude towards guns as "idolatry". (French also wrote the foreward for a book discussing right-wing idolatry of another type: Christian nationalism.)

He mentions the shootings I just discussed, and connects them with people who take their guns and go looking for violent encounters: Kyle Rittenhouse and Daniel Perry, just to name two. Both are revered as heroes by a certain segment of the Right.

Whoever that guy was who said "Blessed are the peacemakers", he has been long forgotten.

and medication abortion

Friday, the Supreme Court put a stay on Judge Kacsmaryk's order taking the abortion drug mifepristone off the market. So the drug remains available for now.

The back-and-forth here is a little confusing, so let's review.

  • Anti-abortion organizations filed a federal lawsuit in Amarillo, where they were guaranteed a hearing before Kacsmaryk, who is a well-know culture warrior likely to agree with them. The suit asked the court to reverse the FDA's approval of mifepristone, which has been available for 23 years and is used in over half of all abortions.
  • Ignoring a number of clear deficiencies in the case, Kacsmaryk gave the plaintiffs what they wanted: a court order removing mifepristone from the market.
  • He put a stay on his ruling for a week to give the FDA time to appeal.
  • The FDA did appeal to the court above Kacsmaryk's, the Fifth Circuit Court of Appeals, which might be the most conservative appellate court in the country. (Plaintiffs also knew that when they filed the suit.) The Fifth Circuit will hear arguments on the merits of the case on May 17.
  • In the meantime, the FDA asked the Fifth Circuit to stay Kacsmaryk's ruling until it decided the appeal. But the court only suspended part of the ruling, leaving mifepristone on the market, but less available than it had been: Under their ruling, the drug couldn't be mailed, and could only be used by women less than seven weeks pregnant rather than ten.
  • The FDA asked the Supreme Court to stay the whole ruling, pending the Fifth Circuit's decision. Friday, the Court granted that request.

So: the temporary situation is unchanged from the time before Kacsmaryk's ruling. The long-term situation will be decided by the Fifth Circuit sometime this summer. Given the commentary in its ruling on the stay, the Fifth Circuit is likely to impose at least some restrictions on mifepristone, which the FDA will then appeal to the Supreme Court. The ultimate decision, then, is probably at least a year away.

A few comments: The Supreme Court is unlikely to go along with Kacsmaryk when the case reaches it next year, but not because it cares about women's health or respects their bodily autonomy. Agreeing with Kacsmaryk, though, would profoundly disrupt the pharmaceutical industry, because FDA approval could never again be taken as final. This case would establish a precedent allowing just about anybody to ask a court to remove just about any drug from the market.

By granting the stay, the Supreme Court refused to play the game many of us feared: They could have denied the lawsuit ultimately (protecting the pharmaceutical industry), while allowing mifepristone to stay off the market for more than a year as the legal machinery churned.

The two dissenters -- Alito and Thomas -- wanted to play that game.

and the Fox Dominion settlement

Ever since this case was filed, I've believed that Fox had to settle, because the damage it threatened went far beyond the money. Rupert Murdoch or Tucker Carlson answering questions under threat of perjury simply could not be tolerated.

What's more, Dominion was always bound to accept a settlement. Settlements are zero-sum; what one party loses the other gains. But the trial would negative-sum. Beyond some point, the damage to Fox' reputation would not be balanced by any gain to Dominion.

When parties are in a negative-sum game, the rational thing to do is get out of it. And that's what Fox and Dominion did this week when they agreed to a $787.5 million settlement.

Now, lots of us were hoping to see that trial, where big-name Fox hosts would have to admit that Joe Biden won the 2020 election fair and square, and that they knowingly lied when they told their viewers anything else. That would have been a great thing for American democracy and for our political discourse as a whole. But Dominion's lawyers represent the corporation and its shareholders, not American democracy. So that didn't happen.

Will this settlement cause Fox to lose credibility with its viewers? It ought to, but it probably won't. For comparison, think about Trump's $25 million settlement with the people Trump University defrauded. The money was a tacit admission of fraud, just as the $787.5 million is a tacit admission that Fox lies to its viewers. But Trump's followers didn't want to look at it that way, so they haven't.


I had just written a note criticizing Fox for the fact that no heads were rolling, when I noticed that Tucker Carlson is leaving the network in a blameless parting of ways. If CNN or MSNBC faced a similar scandal, Hannity and Ingraham would also be out the door. But we'll see.

Undoubtedly Tucker has a plan, and will take his pro-Trump pro-Russia White-supremacist program somewhere else.

and the debt ceiling

So we're now probably less than two months from a true debt ceiling crisis, one that would force the government to default on at least some of its obligations. Kevin McCarthy has the hostage, but he's still working on his ransom letter. Maybe he'll be able to pass a laundry list of Republican demands, or maybe his caucus can't even get to "yes" when no Democrats are in the room. (One provision that is in all the rumored demands I've seen: Biden has to give back all the progress he's made towards fighting climate change.)

I've previously written about why the debt ceiling shouldn't exist at all and how we got $32 trillion in debt. I've promised an article on whether (or to what extent) the debt actually is a problem, and I will come through on that before the country defaults.

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The Texas Senate has passed one bill mandating every public-school classroom display the Ten Commandments, and another allowing public and charter schools to set aside time each day for students to read the Bible or pray. The Ten-Commandments bill still has to pass the House, while the Bible-reading bill just needs the governor's signature.

Proponents believe these are "wins for religious freedom in Texas", and that the Supreme Court's decision in the praying-coach case indicates these bills will pass legal muster. In the ten years since I wrote "Religious Freedom means Christian Passive-Aggressive Domination", they just keep proving my point.


DeSantis' war on Disney is getting increasingly hard to explain.


The WaPo has a frightening story about Ottawa County, Michigan, where anti-government MAGA types have now become the government themselves.


We have the Tennessee GOP to thank for calling national attention to Justin Pearson, who is amazing. Here, he schools a legislator pushing an anti-trans bill about American traditions.

Transgender people are people, representative, and deserve to be treated as such by this body too.


Monica Potts goes back to her Arkansas home town to try to figure out why rural and small-town women are dying young.

In 2012, a team of population-health experts at the University of Illinois at Chicago found that white women who did not graduate from high school were dying about five years younger than such women had a generation before—at about 73 years instead of 78. Their white male counterparts were dying three years younger. From 2014 to 2017, the decline in life expectancy in the U.S., driven largely by the drop among the least-educated Americans, was the longest and most sustained in 100 years.


Several red states have been changing laws to allow more child labor. The push is coming from the Foundation for Government Accountability, an organization funded by several large conservative donors.


Back when Mike Lindell was claiming he had irrefutable proof the 2020 election was stolen, he announced a $5 million challenge for anyone to disprove his data. When Robert Zeidman claimed the prize, Lindell welched. This week an arbitration panel found that Lindell owes Zeidman the $5 million.

Meanwhile, Lindell is furious that Fox News settled with Dominion Voting Systems, which is the villain in Lindell's delusional theories. Dominion is also suing Lindell, who says he won't settle even if Dominion pays him.


Suicide rates went down during Covid. It turns out that this is typical: When the world is trying to kill you, the desire to kill yourself diminishes.

and let's close with something anthropomorphic

Do you ever find yourself talking to inanimate objects? Urging your car to keep going as you watch the gas gauge drop? Scolding a shoelace that keeps untying itself for no good reason? Asking your lost keys where they're hiding this time?

Well, Ian Chillag talks to a lot of inanimate objects. In his podcast Everything is Alive, he interviews items most of us are unable to converse with: a can of off-brand cola growing old in the refrigerator, a newspaper, a baguette, a song that gets stuck in your head.

The conversations are clever and imaginative. Having just returned from a cross-country driving trip, I can testify that they passed the time while keeping me alert.

Monday, April 17, 2023

Not Silent

Those who seek to silence us will not have the final say.

- Justin Pearson

This week's featured post is "Why fascism? Why now?".

This week everybody was talking about a security leak

Thursday, the FBI arrested a 21-year-old man suspected to be the source of the recent leak of hundreds of classified documents, whose publication has damaged the US relationship with its allies and possibly exposed intelligence sources to America's enemies. He worked as a “cyber transport systems specialist” for the Massachusetts Air National Guard, which appears to have given him access to highly classified systems.

The FBI's explanation for the leak is frightening in its ordinariness: Jack Teixeira wanted to impress his friends. He appears not to have been motivated by money, blackmail, loyalty to another country, hatred of America, or any of the other motives typically found in spy movies. I am reminded of two characters in a minor John Le Carre novel struggling to explain why someone had defected. "I knew a man once who sold his birthright because he couldn’t get a seat on the Underground."

I was investigated for a top-secret clearance (which I got) back in the 1980s, though I probably never saw more than half a dozen classified documents. The questions the investigators asked me and my references focused on things like whether my lifestyle matched my income, did I have blackmail-worthy secrets, had I expressed bizarre political beliefs, did I have friends or relatives in hostile countries, and so on. None of it would have picked up a motive like wanting to show off for an online discussion group. I don't know how investigators could look for that kind of risk. That's what's most scary about this case.

The depth and variety of the leaked documents raises another question: Why did anybody in the Massachusetts Air National Guard need to know all this stuff? Why did our systems allow access to it?


The leak may have helped Russia, and it also sort of looks like Donald Trump's theft (and possible misuse) of classified documents. So of course Marjorie Taylor Greene defends the leaker.

and abortion drugs

The abortion-pill injunction is still working its way through the system. The initial injunction banning mifepristone was supposed to take effect Friday. The appeals court rolled back the worst of it, but still left a terrible ruling. (That's how bad the original was.) The Justice Department appealed to the Supreme Court, which froze everything until Wednesday. Stay tuned.

The Supreme Court has an easy way out if it wants one: Under existing precedents, the plaintiffs don't have standing to sue. The appeals court upheld their standing, which is just really bad law in general, independent of how you feel about abortion. If an organization can sue any time one of its members is statistically likely to suffer some theoretical injury sometime in the future, the courts will be swamped with frivolous suits.

and the Fox News trial

The Dominion Voting Systems defamation lawsuit against Fox News was supposed to hear opening statements today, but (in a surprise last-minute move) that was delayed until tomorrow. Maybe that means a settlement is in the works.

and even more evidence of Clarence Thomas' corruption

Last week, we found out that for two decades Thomas has been taking expensive vacations paid for by a major Republican donor who also gives a lot of money to organizations trying to influence Supreme Court decisions. We had to find out about these trips from Pro Publica rather than Thomas himself because, you know, the gift-reporting rules are just way too complicated for a mere Supreme Court justice to understand, and it's not like Thomas should be expected to have some kind of moral intuition that would tell him this whole arrangement smells bad.

Right-wing media raced to Thomas' defense, because clearly Thomas was just a guy hanging out with a dear friend -- who just happens to be a billionaire and just happens to have befriended Thomas after he rose to the Supreme Court. And it's not like there's been a pattern of conservative organizations trying to befriend justices.

This week Pro Publica let another shoe drop: In 2014 the same donor, Harlan Crow, bought real estate from Thomas, including the house where Thomas' mother lives, for over $100K, which might or might not be market price for properties a previous Thomas disclosure form had valued at less than $15K each. Again, Thomas did not report the transaction, in spite of laws that seem to say he has to.

Crow has since been paying the property taxes on Thomas' mom's house, and has funded a number of improvements that I'm sure Mrs. Thomas appreciates.

Soon after the sale was completed, contractors began work on tens of thousands of dollars of improvements on the two-bedroom, one-bathroom home, which looks out onto a patch of orange trees. The renovations included a carport, a repaired roof and a new fence and gates, according to city permit records and blueprints.

Crow's statement on the Pro Publica scoop doesn't say whether Mrs. Thomas pays rent. Clarence himself has said nothing.

Even Fox News has more-or-less gone silent, mentioning Thomas less than 50 times (and Bud Light 183 times) since the first Pro Publica article. The substance of its reporting has been that Democrats are attacking Thomas, and that AOC wants him impeached. But that's Democrats for you. And you know AOC, she's like that. It's not like there's an actual issue here. I mean, it's not like George Soros has been buying off a liberal justice. That would be a national scandal deserving 24/7 coverage.


Yesterday, the WaPo reported another Thomas disclosure anomaly -- that he reports income from a defunct real estate firm rather than the entity that replaced it. But unless there's more to this story, I'm willing to write this one off as sloppiness rather than corruption.

and Tennessee

Both of the Justins -- Justin Jones and Justin Pearson -- have returned to the Tennessee House. After they were removed by the Republican supermajority last week, both were unanimously reappointed by councils of their constituents.

Both appointments are temporary until a special election can be held. But if the Justins were popular at home before, they are rock stars now. I don't think getting elected will be a problem.

I'll make a prediction: One or both of them will speak at the 2024 Democratic Convention.


Republican criticism of the demonstration the Justins led has included intentional misuse of the word insurrection. It started with Speaker Sexton, and then became a more general Republican talking point.

For almost a decade, I've been pointing out the right-wing practice of breaking words through intentional misuse. In 2014, I recalled the effort that had gone into breaking fascism, terrorism, and religious freedom, while pointing to a then-current effort to break torture.

The American Thinker blog reports on the “real torture scandal in America“, which is abortion. General Boykin says “Torture is what we’ve done by having the IRS go after conservative groups.” The Koch-funded American Energy Alliance is calling EPA fossil-fuel regulations “torture”.

Fortunately, they failed to break torture, and we have since been able to reclaim fascism, a word that has a lot of work to do these days. In 2021, I updated my 2014 analysis to include fake news, socialism, and even, ironically, Orwellian. (The breaking of fake news was so effective that hardly anyone remembers the original meaning: imitation "news" articles from entirely fictitious "publications" like the Denver Guardian or WTOE 5 News, created to be shared online and promote a false reality. The 2016 Trump campaign was the primary beneficiary of fake news, as many people took seriously fake articles that went viral, like "Pope Francis shocks world, endorses Donald Trump for president" or "FBI agent suspected in Hillary email leaks found dead in apartment murder-suicide". Trump hated this meaning, so he misused fake news until it broke, and instead came to mean any news report -- no matter how accurate -- that he doesn't like.)

And that leads us to insurrection. It annoys Republicans that January 6 is quite accurately described as an insurrection, so they want to make that idea inexpressible. That's what's behind their widespread use of insurrection to describe the protest on the floor of the Tennessee House that led to the Justins' expulsion.

That usage is literally absurd. The Tennessee House was inconvenienced for about an hour. No one was injured and no one was threatened. The state house was not damaged. At no time did anyone propose establishing a new government in Nashville outside the usual electoral process. January 6, by contrast, was the culmination of a months-long plot to install the loser of the 2020 election as president. Had it succeeded, the United States' centuries-old tradition of constitutional government would be over. Along the way, 114 Capitol police officers were injured, and numerous member of Congress (and their staff) feared for their lives. So did Mike Pence's Secret Service detail.

But the absurdity is the point. Expect more misuse of insurrection, until the word ceases to mean anything at all. As Orwell put it in "The Principles of Newspeak":

The purpose of Newspeak was not only to provide a medium of expression for the world-view and mental habits proper to the devotees of Ingsoc, but to make all other modes of thought impossible. … This was done partly by the invention of new words, but chiefly by eliminating undesirable words and by stripping such words as remained of unorthodox meanings, and so far as possible of all secondary meanings whatever.

and crazy new laws

Red-state legislatures just keep upping the ante on crazy.

Idaho hasn't just outlawed almost all abortions, it is also outlawing "abortion trafficking".

The new “ abortion trafficking ” law signed on Wednesday, is the first of its kind in the U.S. It makes it illegal to either obtain abortion pills for a minor or to help them leave the state for an abortion without their parents’ knowledge and consent. Anyone convicted will face two to five years in prison and could also be sued by the minor’s parent or guardian. Parents who raped their child will not be able to sue, though the criminal penalties for anyone who helped the minor obtain an abortion will remain in effect.

So if an Idaho man gets his 13-year-old daughter pregnant, her grandmother can get 2-to-5 in the big house for driving her across the border to get an abortion in Washington. But at least the rapist can't sue the grandmother, because that would push a good idea too far.


In Missouri, the House just passed a budget that defunds the state's libraries. Reportedly, the Senate plans to put the $4.5 million back, but still. Is there any public institution that does more good for less money than the public library?

And in Llano County, the commissioners are debating whether to close their three libraries rather than submit to a judge's order not to ban 17 books.

The banned books, which include themes of LGBTQ+ identity and race, were removed last year without public input after Llano County officials declared them pornographic and sexually explicit.

Somebody's going to have to explain to me how Isabel Wilkerson's Caste is pornographic. (I somehow missed the dirty parts when I read it.) Among a long list of awards and honors, Time magazine named Caste as its #1 nonfiction book of 2020. And remember: This is the public library, not a school library. It would be bad enough to keep children from reading Caste, but Llano is claiming no one should be allowed to read it, at least not on the public dime.

Another too-sexy-for-Llano book is Larry the Farting Leprechaun, which I have not read. If I do, I'll have to stay alert so I don't miss the pornographic sections.


Amanda Marcotte sees the defund-the-library trend as a skirmish in a more general war against public education.

Libraries are the latest battlefield, but the real white whale for the GOP is the destruction of public education.

She cites Texas Governor Greg Abbott's "school choice" proposal, which would move money from public to private (i.e. religious) schools through a voucher program linked to "education savings accounts".

In the Texas Observer, David Brockman goes a step further: The motive behind ESAs is Christian nationalism.

Having spent nearly a decade researching and writing about Christian nationalism—the movement to make the United States an explicitly “Christian nation” governed by Bible-based laws—I see this year’s push to fund private and religious schools as just the latest front in that movement’s decades-long battle to undermine what Thomas Jefferson called the wall of separation between church and state, and thereby establish conservative Christian dominance over government. ... Though not all “school choice” supporters are Christian nationalists, it’s hard not to notice the strong Christian nationalist presence among them.

But Texans who believe in separation of church and state have an unexpected ally against Abbott's proposal: rural Texas communities who find a civic identity in their public schools.

Many in New Home worried that political shifts in Austin threatened to leave out the voices of rural Texans, for whom the local schools — the Friday night football games and principals whose cellphone numbers you know — are essential parts of what makes a community.


While we're talking about publicly supported religious schools, Oklahoma is deciding whether to approve its first explicitly religious charter school, which would be Catholic. If it does, the inevitable lawsuit will undoubtedly go to the Supreme Court. I think this Court will find a way to approve it on originalist grounds, despite so many of the Founders being anti-Catholic bigots. As we saw in Alito's Dobbs opinion and Thomas' Bruen opinion, history says whatever the six-judge majority needs it to say.


It's not true, but you can be forgiven if you got the impression this week that 12-year-olds can marry in Missouri. (The actual minimum age is 16, with anybody under 18 requiring parental consent.) Tuesday, a debate in the legislature over an anti-trans law produced this viral clip: Missouri state Senator Mike Moon defended the idea that 12-year-olds should be allowed to marry. He claimed to know a couple that got married at 12 when the girl became pregnant. And "their marriage is thriving".

Somehow, I don't find that story as heartwarming as he apparently does.


Ordinarily, I'm a fan of electoral systems where a jungle primary is followed by a runoff between the top two candidates. The system should allow moderate candidates to win by marshaling support from independents and the other party, even if they couldn't win a one-party primary.

But there's something decidedly shady about the way Montana's Republican legislature is planning to implement such a system: They've written the election-law change so that it applies once -- to Jon Tester's Senate race in 2024 -- and then sunsets immediately. The point here is to keep a Libertarian candidate from siphoning votes away from Tester's Republican challenger.

So: The jungle-primary system, I like. Changing the rules election-by-election to get the result you want, I don't like.

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There was another mass shooting, this one in Alabama at a teen-ager's birthday party. Four dead, 28 injured. The birthday girl's brother was one of the four.


Senator Chris Murphy (D-CT) on the changing politics of guns:

For decades, the most vocal voices on the issue of guns were on the side of the gun lobby. If you held a town hall and someone stood up and said "I want to talk about guns", you knew they were going to be advocates for the Second Amendment. That's totally flipped. Today, in red and blue states, if somebody says "I want to talk to you about guns", they want you to pass the assault weapons ban and universal background checks.


DA Alvin Bragg is asking a federal court to get Jim Jordan off his back. Jordan's attempt to interfere in Bragg's prosecution of Trump is completely out of line. Heads would explode on the right if a congressional committee tried to protect a Democratic politician against a local indictment, or to intimidate the local prosecutor.


I could have mentioned the right-wing outrage at Bud Light last week, but it was just too crazy to wrap my mind around. So I'll let Vox explain it. The gist seems to be that the parent corporation wants to sell their beer to trans people, so if you hate trans people you should boycott it.

But hey, maybe there's money to be made off folks who drink beer to express their bigotry rather than because they like the taste.

As JoJoFromJerz tweeted:

Apparently, this is real. But if I told you it was a parody video, would you know the difference?

Anyway, there's a long history of such performative outrage, and zero examples of it accomplishing anything beyond providing opportunities for grifters. MAGA types love to lash out, but they don't organize and persist, as successful boycotts must. So corporations just wait for them to get over it.

Remember the Great Keurig Boycott of 2017? Or Frito-Lay in 2021? Or, more recently, when people were mad because M&Ms were girls?

Most right-wingers probably don't remember either.


I continue to believe that the best way to bridge the culture-war gap is for all of us to listen to each other's stories. HuffPost Personal published one mother's story of discovering that her child was trans.


I'm occasionally asked whether we should "trust" the mainstream media. My answer is usually some form of "Trust them to do what?"

A good case in point is Thomas Friedman's recent NYT column "America, China, and a crisis of trust". Nobody who lived through the Iraq War will ever again trust Friedman as a prognosticator. His rolling assurances that the war would turn a corner (for the better) in the next six months led to six months being referred to as a "Friedman Unit".

Friedman is well-spoken and has access to the top experts -- his problem in Iraq was that he too easily believed Bush administration sources who wouldn't have talked so openly to the rest of us -- so he can do a very convincing Voice of Authority. But he's not as smart as he thinks he is, and his sources aren't as smart as he thinks they are, so his authoritative predictions often go astray.

However, Friedman is also an honest reporter. In the current column, he goes to a conference in Beijing and talks to a lot of well connected Chinese who undoubtedly would not return my calls, even if I knew their numbers. Do I believe his account of what they're saying? Yes, I do. I also believe his observation that the Chinese are investing in infrastructure that puts ours to shame.

And then there's this:

a story making the rounds in Beijing is that many Chinese have begun using ChatGPT to do their ideology homework for the local Communist Party cell, so they don’t have to waste time on it.

and let's close with someone who deserves my gratitude

Like Stephen Colbert, I grew up reading Mad Magazine and enjoying the cartoons of Al Jaffee, who died last Monday at the age of 102. I picture him reaching the Afterlife and giving the gatekeeper a snappy answer to a stupid question.

Here's Stephen's tribute to Al, which is well deserved.

Monday, April 10, 2023

Representatives or Rulers?

The Republican Party in Tennessee succeeded in creating tens of thousands of lifelong Democrats when they did this. ... The Tennessee state legislature showed its hand. They're not representatives, they're rulers. You don't get a voice. What you think doesn't matter. You're going to do what you're told. Whether you accept that or not is up to you.

- Beau of the Fifth Column,
speaking to young Tennessee voters after the legislature's expulsion
of elected representatives Justin Jones and Justin Pearson

This week's featured post is "What We Learned from the Trump Indictment".

This week everybody was talking about the Trump indictment

Believe it or not, he was arraigned and the indictment was unsealed last Tuesday, not even a week ago. Details of the indictment and what happens next are discussed in the featured post.

and the Tennessee Three

If you're the kind of Sift follower who reads and remembers every word, you've heard of Nashville legislator Justin Jones before: Back in February, I linked to this clip of Jones calling out the Tennessee General Assembly's Republican majority for its hypocrisy in outlawing drag shows "to protect the children", but ignoring far more serious dangers to the state's children. Several more Jones speeches have popped up on my social media feeds in the last few months and very nearly made it into the Sift. You could say I'm a fan.

Well, Thursday the majority took its revenge and expelled Jones from the Assembly, along with another eloquent young Black representative, Justin Pearson of Memphis. A White woman, Gloria Johnson from Knoxville, missed expulsion by one vote. (If the votes had been taken in a different order, Johnson might have been expelled too. Pearson was expelled last, and so was able to vote for Johnson. But the margin against Jones and Pearson was more than one vote.)

The trigger for the expulsions was an incident on March 30. A few days before, a shooter had killed three children and three adults at the Covenant School in Nashville. Young people from all over the state came to Nashville on the 30th to protest the legislature's unwillingness to do anything about Tennessee's gun violence problem. As demonstrators filled the Capitol gallery, Jones, Pearson, and Johnson occupied the floor without recognition from the Republican chair, and led the protesters in chants. The business of the Assembly was disrupted for about an hour.

Tennessee, you should remember, was the birthplace of the KKK. A bust of KKK founder Nathan Bedford Forrest was prominently displayed in the Capitol -- I saw it myself in 2013 -- until 2021, when Jones was leading a protest movement against it. So it should not be surprising that White Republican Speaker Cameron Sexton would not take lightly such disrespect from uppity young Black representatives. Expulsion is vanishingly rare in Tennessee history -- only two representatives have been expelled since 1866, and those were for bribery and sexual misconduct. Expulsion for a violation of "decorum" has no precedent.

But never mind that. Gerrymandering has given Republicans a supermajority, so they could muster the required 2/3rds vote purely on party lines. So the Justins are out. (A clever protest line I've been seeing: "No Justins, no peace.")

Much of the debate prior to the expulsions made it clear that uppity-ness was the Justins' real crime. Here's White Republican Rep. Andrew Farmer talking down to Pearson.

That's why you're standing there, because of that temper tantrum that day. That yearning to have attention. That's what you wanted. Well, you're getting it now.

To which Pearson responded:

You all heard that. How many of you would want to be spoken to that way?

Wikipedia explains what happens next:

The expulsions of Jones and Pearson left vacancies in House Districts 52 and 86. Article 2, Section 15 of the Tennessee State Constitution allows the local legislative body—in this case, the Metropolitan Council of Nashville and Davidson County and the Shelby County Board of Commissioners, respectively—to appoint an interim successor until a special election can be held. At least 29 members of the 40-member Davidson County Metropolitan Council have vowed to reappoint Jones; the measure requires a majority of members to approve it. Shelby county commissioner Erika Sugarmon claimed that commissioners were threatened with cuts in state funding for certain local projects during budget negotiations if Pearson were reseated, which was disputed by a spokesperson for the House Speaker.

So local officials are going to send Jones and Pearson right back to the General Assembly. White Speaker Sexton will probably not take that uppity-ness well either, so stay tuned.


Prior to these events, University of Washington Professor Jake Grumbach had quantified the health of democracy in each state.

Grumbach’s State Democracy Index (SDI) grades each state on a series of metrics — like the extent to which a state is gerrymandered at the federal level, whether felons can vote, and the like — and then combines the assessments to give each state an overall score from -3 (worst) to 2 (best).

Tennessee got the lowest score in the nation. Wisconsin (see below) also did badly.


White Speaker Sexton's draconian response to protest has led some journalists to take a closer look at his own situation. Jud Legum claims to have found a problem much more serious that a breach of "decorum": Sexton appears not to live in the district he represents.


Just last week, I remarked on the strangeness of the GOP making absolutely no policy moves to change its disastrous performance with young voters, nothing that would say to them "We're not your enemies".

Well, in Tennessee, young people showed up in the thousands to tell the legislature what they want -- action against gun violence -- and the legislature's response was to expel two young representatives who demonstrated with them. In short: "We are your enemies." I think a lot of young voters have heard that message loud and clear.

(See below for similar cluelessness in Wisconsin.)


Two of my favorite podcasters have roots in Tennessee, and commented on this week's events: "liberal redneck" Trae Crowder and Beau of the Fifth Column. Trae's reaction is funnier, Beau's more serious.

and abortion pills

As I predicted three weeks ago, the lone federal judge hearing cases in Amarillo did the job Trump appointed him to do: He issued an injunction taking mifepristone, part of the two-drug combination used in almost all medication abortions (which now constitute more than half of abortions nationwide), off the market.

Judge Matthew J. Kacsmaryk's ruling makes precisely the arguments that Adam Unikowsky had debunked over a month ago: An organization of doctors (incorporated in Amarillo precisely to bring this case to his court) has standing to sue, based on a mythic rush of patients they may have to treat after medication abortions go wrong. The FDA was wrong to rely on 20 years of safety data out of Europe, and is wrong now to rely on mifepristone's 23-year safety record in the United States. The plaintiffs do not have to exhaust the FDA's own process before suing.

All of this flies in the face of numerous Supreme Court precedents, which Unikowsky cited. But nonetheless, Kacsmaryk found that the plaintiffs were likely to prevail in their claims, justifying an injunction upending the majority of abortions in America.

Kacsmaryk's ruling is couched in the terms of pro-life propaganda, without even a pretense of objectivity. In footnote 1, for example, he explains why he will use the terms "unborn human" and "unborn child" rather than "fetus". Throughout his ruling, doctors who prescribe mifepristone are "abortionists", while the doctors suing are "physicians".

Unlike abortionists suing on behalf of women seeking abortions, here there are no potential conflicts of interest between the Plaintiff physicians and their patients.

In other words, the plaintiffs' (and the judge's) prior commitment to a religious ideology that their patients may not share is not a relevant conflict.

Anyway, this predictable judicial activism won't stand unless higher courts validate it. The FDA and the Justice Department appealed to the Fifth Circuit Court of Appeals on Friday. This is one of the most conservative appeals courts in the country (another reason for the plaintiffs to choose Amarillo), so we'll see what happens.

Almost simultaneous with the Amarillo injunction, a federal judge in Washington state issued a contradictory injunction ordering the FDA not to remove mifepristone from the market. That injunction applies to the 17 (blue) states whose attorneys general were suing.

The two rulings will be appealed to different appellate courts. So unless those courts miraculously come to the same conclusion, the fate of mifepristone will ultimately have to be decided by the Supreme Court. When that might happen, and whether the drug will remain available in the meantime, remains to be seen.

and Clarence Thomas

Speaking of the Supreme Court, there's a new Clarence Thomas scandal.

Thomas, if you remember, has been embroiled in scandal since Anita Hill accused him of sexual harassment during his confirmation hearing in 1991.

Back in 2011, he had to amend 20 years of financial disclosure forms after Common Cause pointed out that he hadn't listed the sources of his wife Ginni's income -- largely conservative think tanks like the Heritage Foundation (who have opinions and desires about Supreme Court decisions). He blamed that on "a misunderstanding of the filing instructions". Common Cause found that explanation "implausible".

Justice Thomas sits on the highest court of the land, is called upon daily to understand and interpret the most complicated legal issues of our day and makes decisions that affect millions. It is hard to see how he could have misunderstood the simple directions of a federal disclosure form.

Thomas regularly has had conflicts of interests through his wife. In 2011, he didn't recuse himself from Supreme Court rulings on the Affordable Care Act, despite Ginni's active lobbying for repeal of the act.

More recently, Thomas didn't recuse himself from ruling on ex-President Trump's request that the Court block release of White House records related to January 6. (He was the only justice to vote in Trump's favor.) When Mark Meadows turned over his text messages, we found out that Ginni had been urging Meadows to urge Trump to challenge the 2020 election, which she called "the greatest Heist of our History".

The latest scandal is that the Thomases have been accepting massive gifts from billionaire GOP donor Harlan Crow for over 20 years, and Justice Thomas hasn't been reporting them as the law requires. Clarence and Ginni regularly cruise on Crow's yacht, fly on his private jet, and vacation at his private resort.

In late June 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

... These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Crow himself has not had cases before the Supreme Court during this time, but he is associated with organizations that often do, like the Club for Growth and the American Enterprise Institute.

He has also donated hundreds of thousands of dollars to a Tea Party organization founded by Ginni Thomas — one that paid her $120,000, ProPublica notes.

Thomas issued a statement making this excuse:

Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.

In other words, Thomas has once again misunderstood the legal requirements. I have three comments on this:

  • As in the Common Cause scandal, Thomas' defense is that he isn't very good at law.
  • Even if his false impression were true, Supreme Court justices shouldn't be trying to squeak through loopholes in the rules. Any idiot should know that accepting these kinds of favors looks really, really bad and would undermine the legitimacy of the Court.
  • Thomas' "close friend" is someone he didn't know when he joined the Court.

Meanwhile, elected Republicans and conservative media has been lining up to defend Thomas. The Wall Street Journal editorial page characterized this scandal as a "smear" and "another phony ethics assault to tarnish the Supreme Court". The "smear" charge is repeated in a tweet from Senator Cornyn.

Last week, many of the same voices were trying to make some sinister connection between Trump-indicting DA Alvin Bragg and billionaire George Soros, because Soros contributed to an organization that contributed to Bragg's political campaign. But here we have an actual corrupt arrangement, where millions of dollars in benefits accrue to Thomas personally, and it's no big deal.


I don't want to make too much of Crow's collection of Nazi memorabilia. Lots of people collect weird things, after all. But it does seem like a red flag.

and Wisconsin's stunning election

Most other weeks, this would be the top news story: Wisconsin voters elected a liberal to replace a conservative on the state's Supreme Court, tipping the balance in the liberal direction for the first time in 15 years.

The result is important for two reasons:

  • Wisconsin's Supreme Court has been one of the most blatantly partisan in the country, giving Republicans a huge advantage statewide.
  • Wisconsin elections are typically close, and this one wasn't. The liberal won by 11%.

Let's start with partisanship. Wisconsin has long been one of the most gerrymandered states in the country, locking in large Republican majorities in spite of a relatively even split among the voters.

Wisconsin is an evenly divided purple state and [Governor] Tony Evers won re-election with 51.2% of the vote, but on the very same 2022 midterm ballots, Republicans won more than 60% of seats in the state legislature.

Republicans also hold six of the state's eight seats in the House of Representatives.

Many states are gerrymandered because the state's supreme court tolerates biased maps. But in Wisconsin, the state supreme court chose the map itself, resulting in a map that was even more biased than the previous one. If the new liberal majority tears those maps up, the state could return to a semblance of democracy.

Now let's talk about that "evenly divided" electorate. In 2016, Trump won the state by 43,000 votes, or less than 1%. In 2020, Biden won by 20,000 votes, a little more than half a percent. But on Tuesday, Janet Protasiewicz beat Daniel Kelly by over 200,000 votes, more than 11%.

We don't have detailed exit polls that break that victory up according to demographics, but educated opinion attributes the landslide to two groups: women and young people. The court is expected to rule on whether the state's ancient ban on abortion is back in effect after Dobbs, and Republicans nationwide have a serious problem with young voters.

It's fascinating watching Republicans try to deal with this reality without changing any of the positions that have alienated women and young voters. National GOP chair Ronna McDaniel said, "When you’re losing by ten points there is a messaging issue" on abortion. But of course there isn't a "messaging issue"; voters understand very well where the two parties stand on abortion, and they agree with the Democrats.

Former Wisconsin Governor Scott Walker sounded a similar alarm about young voters. He noted the big margins Democrats ran up among younger voters in the 2022 midterms, and then called attention to the 82% of the vote "the radical" (Protasiewicz) got in Dane County, home of the University of Wisconsin.

But like McDaniel, Walker doesn't see the need for any policy changes. In his mind, the problem isn't that the GOP is dominated by climate-change denial, or that it promotes (or at best winks at) racism and homophobia, or that it wants the state to take control of women's bodies.

This is years of liberal indoctrination come home to roost.

I suppose the obvious answer, then, would be to ban more books, as DeSantis is doing in Florida. But in the real world, the GOP's problem with young voters isn't that they're deluded, it's that they see all too well what Republicans stand for.

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Texas Governor Greg Abbott says he will pardon newly convicted murderer Daniel Perry if the pardon application reaches his desk.

Perry murdered a demonstrator who was protesting the murder of George Floyd. Both Perry and his victim were armed, so Perry claims self-defense. But he raised that claim in his trial, and a jury of his peers unanimously rejected it. What does Abbott know that they didn't?

This is yet another example of creeping fascism in red states: brownshirt violence going unpunished. Apparently, in Texas you can get away with murdering people the regime considers undesirable.


Over 100 classified documents have appeared on social media sites, revealing closely held US assessments of the military situation in Ukraine, China, and the Middle East. It's still not known who released the documents or why.


A. R. Moxon makes an apt analogy I wish I had thought of first: Elon Musk and his Twitter followers resemble Butthead with an army of Beavises.

Along the way he raises a dangerous idea that I haven't analyzed: Maybe the profit in technological disruption comes from the associated destruction, not the creation.


Jon Cooper explains the folly of Ron DeSantis' escalating war against Disney:

If he eventually wins, his GOP presidential primary opponents (and Democrats) will rightfully portray him as being anti-business. If he loses, his opponents will ridicule him for having been beaten by a mouse. Either way, the American people are already seeing DeSantis for what he is — thin-skinned, vindictive, stubborn, mean, shortsighted, and not very bright.


Meanwhile, Democrats are using the vagueness of DeSantis' own laws to try to get his book "The Courage to Be Fascist Free" taken out of school libraries. After all, it contains several "divisive concepts".

and let's close with a blast from the past

Yesterday my wife and I were drinking tea at the one table in Cafe Vinyl in Santa Fe ("coffee, records, books, t-shirts") when the not-quite-30 guy behind the counter cued up a Tom Waits album we used to listen to in the 1970s.

Aside from the sheer nostalgia of it, listening to Waits while the 20-somethings flipped through used vinyl records raised an issue I've been thinking about since I read a Slate retrospective on Rod McKuen last fall: What gets remembered and what doesn't?

One of the weird contradictions of living in the future is that every artist is at the tip of your fingers, but you can only find who your fingers know to search for. In the not-so-distant past, artists could avoid slipping away thanks to only the physical evidence: a record in a thrift store, a used book with a man in a white turtleneck on its cover, murmuring to the bewildered shopper, “Who am I? To whom did I matter? To whom did I stop mattering?”

The Spotify algorithm, Amazon’s recommendations, they’ll never, ever show you Rod McKuen. Those are designed to direct you towards things that other people like right now. But thrift stores, used bookshops, and Goodwills are, accidentally, perfectly designed to show you things that people liked decades ago, then stopped liking.

Unlike McKuen, Waits deserves to be remembered. So here's one of my favorites from 1976, Waits' lampoon of salesmanship and advertising, "Step Right Up".

"You got it, buddy. The large print giveth and the small print taketh away."

Monday, April 3, 2023

Rolling Down

Chuck & I are heartbroken to hear about the shooting at Covenant School in Nashville. My office is in contact with federal, state, & local officials, & we stand ready to assist. Thank you to the first responders working on site. Please join us in prayer for those affected.

- Senator Marsha Blackburn of Tennessee

Therefore thus says the Lord: "I hate, I despise your feasts, and I take no delight in your solemn assemblies. Even though you offer me your burnt offerings and grain offerings, I will not accept them; and the peace offerings of your fattened animals, I will not look upon them. Take away from me the noise of your songs; to the melody of your harps I will not listen. But let justice roll down like waters, and righteousness like an ever-flowing stream."

- Amos 5

This week's featured post is "I am radicalizing against guns". A lot of people seem to be, and I suspect the prayers of pro-gun politicians like Blackburn are being received in an Amos-like fashion.

As I mentioned in the teaser, today's posts are running late because I'm in Arizona, three hours behind my usual schedule.

And if you're wondering what I did with my week off, I was reflecting on two decades of blogging.

This week everybody was talking about the Trump indictment

Thursday, after the Manhattan grand jury announced a month-long hiatus, we discovered that it had voted to indict Trump.

You're probably wondering why I'm not writing a featured post about this, but at the moment there's not much to know. The indictment is sealed until the arraignment, which is scheduled for tomorrow. At the moment, I don't even know for sure what the charges are, much less what evidence the grand jury may have assembled to support them.

So any reaction is still premature. I have been hoping for the justice system to hold Trump accountable for what seem to me to be crimes, but it's still possible that when I have a chance to read the actual charges and the evidence they're based on, I'll be disappointed and think this isn't a good case. Similarly, an open-minded person inclined to support Trump might be surprised to see how clear the evidence against him is.

In other words, none of us know enough yet to announce a definite judgment.

That's why it was incredibly irresponsible for Governor DeSantis to tweet:

Florida will not assist in an extradition request given the questionable circumstances at issue with this Soros-backed Manhattan prosecutor and his political agenda.

Recall that Article IV of the Constitution says this:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

So without knowing the exact charges or what evidence supports them, DeSantis has announced his willingness to violate the Constitution on Trump's behalf. In case it should come to that, the Supreme Court unanimously ruled in 1987 that federal courts have the power to enforce extraditions, so even DeSantis' lawlessness couldn't shield Trump forever.

At the moment, Trump's lawyers are saying he will come to his arraignment voluntarily. We'll see. Trump's lawyers often do not speak for him, and he often does not follow their advice. I have trouble picturing him meekly walking in for fingerprints and a mug shot; it looks too much like a defeat. He's got to be planning a way to spin this in his favor, at least in his own mind.


About all the references to George Soros being made not just by Trump, but by DeSantis, Rick Scott, Matt Gaetz, and countless other Republicans taking their talking points from Trump: Soros is this generation's version of the Rothschilds, the rich puppetmaster imagined to be behind some world-spanning Jewish conspiracy. He's the #1 Elder of Zion.

Soros particularly comes up when people of color are doing something white supremacists don't like. The logic works like this: Obviously non-Whites can't be smart enough to think up a strategy for themselves, so Jews must be putting them up to it. That's why Soros was blamed for the Hispanic migrant caravans Republicans ran against in 2018, and why a gunman massacred Jews in a synagogue in Pittsburgh in response. Manhattan DA Alvin Bragg and Georgia DA Fani Willis are black, so they must be puppets of Soros.

Soros did indeed contribute to Color of Change, a national organization trying to get the racism out of our justice system. Color of Change in turn has supported reform candidates in local district attorney races across the country, Alvin Bragg being one. But a Democrat getting contributions from Soros (directly or indirectly) is no more sinister than a Republican getting contributions from the Koch network. How often do you hear Ron DeSantis identified as "the Koch-backed governor of Florida"?


I'll give one piece of advice to people who discuss this case in person or on social media: Trump wants this conversation to be about anything other than whether he broke the law. He wants us talking about whether this helps or hurts his campaign, about Hillary Clinton or Hunter Biden, about whether one of his other crimes should have been indicted first, about George Soros, about Alvin Bragg or Fani Willis or Jack Smith, or about anything other than whether Trump broke the law.

Here are the questions worth discussing: Did he break the law? Is he entitled to do that because of who he is? Refuse to be distracted.


Another red herring is to talk about how "unprecedented" this all is. Rachel Maddow has been all over this question, pointing out that American politicians get indicted all the time. We've indicted a sitting vice president, at least one presidential candidate, governors, congressmen, and countless lesser officials.

So yes, Trump is the first former president to face indictment. But his indictment fits into the well-established American pattern of crooked politicians being held accountable for their actions. It's like when a college basketball team gets its first 7-footer. Sure, they had a 6-11 guy two years ago, but seven feet! It's unprecedented!

Chris Hayes made another good point Friday night: Long before he went into politics, Trump was known in New York as a businessman who lived on the edge of the law. He's constantly been in and out of court, going back to when he and his father were accused of refusing to rent apartments to Black people in the 1970s. His corrupt foundation had to be shut down. He paid a $25 million settlement to Trump University students to avoid a fraud trial. If New Yorkers in the 1990s had looked into the future and seen a headline saying "Trump indicted for falsifying business records", no one would have been shocked.


Of course, the people who think indicting a presidential candidate makes us a "third world country" are the same ones who wanted to lock up Hillary Clinton for some crime they could never quite specify.

Trump is being indicted because a grand jury of American citizens has become convinced that he probably violated laws that existed long before he allegedly broke them, laws that countless others have been convicted under. He'll have every opportunity to challenge the basis of his indictment in higher courts. If he goes to trial, he'll he have the same opportunity to stimulate a trial jury's reasonable doubts that every other defendant gets.

That's the American system of justice working the way it's supposed to. Contrary to Trump's claims, placing a powerful politician above the law is what failed states do.


A federal judge ruled against Mike Pence: He'll have to testify to Jack Smith's grand jury unless a higher court intervenes. The judge allowed none of Trump's executive privilege claims and just a fraction of Pence's appeal to the speech-and-debate clause of the Constitution: Pence won't have to testify about his actions on January 6 itself, when he was acting as president of the Senate. All other questions he'll have to answer.

I continue to be amazed that Pence thinks he can thread the needle between the Trump base and Americans who believe in the rule of law. He should testify to Smith as a matter of duty, even if some legal loophole might allow him not to. And it's ludicrous that he might refuse to testify about events he has already described in his book.

To Trump and his base, Pence's struggles to avoid testifying will count for nothing if his testimony does eventually hurt Trump. Trump expects loyal underlings to lie for him or go to jail for him, not to tell the truth reluctantly.


For some reason, a billionaire needs your money. Grifters gotta grift, I guess.

If you’re doing well because all the things I’ve done have brought you wealth and prosperity .. it would be really great if you can contribute.

and the Nashville school shooting

That's the topic of the featured post. Past school shootings sometimes led to a moment of hopefulness: Maybe now everyone will see that we have to do something.

I've lost that hopefulness and seen it replaced by anger and determination: Some people will never see, and we have to defeat them.

and the budget

We're still steaming toward a national crisis in June or July.

Speaker McCarthy wants to "negotiate" about the debt ceiling without putting forward a budget proposal -- just "cut spending" without taking responsibility for what gets cut. That's a ridiculous suggestion, and President Biden has treated it with the lack of respect it deserves.

McCarthy is clearly playing to the Republican base rather than trying to reach a solution. Witness what he said Thursday:

I would bring lunch to the White House, I would make it soft food if that's what he wants. It doesn't matter. Whatever it takes to meet.

Yeah, that's how you talk to somebody you want to make a deal with.

I've already said what I think about the debt ceiling: It shouldn't exist at all. No other countries have these kinds of self-induced crises. If Congress passes a budget with a deficit, that in itself should authorize the government to borrow.

If Republicans are serious about cutting spending, the place to do that is in the budget resolution that authorizes next year's spending. Whether we're going to pay the bills incurred in the current year's budget shouldn't be up for debate.


A new poll verifies a longstanding fact: Americans generally think the federal government spends too much, but specific budget cuts are almost all unpopular. Lots of people seem to imagine there are piles of money being spent on nothing in particular, so cuts could be made without compromising any worthwhile policy goal. In reality, though, once you get past health care, defense, pensions, and paying interest on the existing debt, there's really not much left to cut.

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The other thing happening tomorrow is Wisconsin's election of a supreme court judge. The winner is expected to be the deciding vote on a lot of hot-button issues, like whether one of the most gerrymandered legislatures in the country will have to return to democracy.


The Dominion Voting Systems lawsuit against Fox News will be going to trial this month. Jury selection starts April 13. Both sides made pretrial motions to have the case decided in their favor. Both motions were denied, but Dominion did win one important ruling: The jury won't be deciding whether the charges that Dominion tried to rig the 2020 election are true. The judge has already ruled that they are false. The jury will only be deciding whether Fox' false statements fit the legal definition of defamation. The judge also dismissed several possible Fox defenses, which it will not be allowed to argue to the jury.


A federal judge -- Trump-appointed no less -- has blocked the Tennessee law banning drag performances in public venues where children might be present. This is a temporary restraining order pending a trial, and not a final judgment. But it does indicate which way the judge is leaning.


It's hard to say how much bias is in these accounts, but Ukrainian soldiers seem confident that they have stopped the Russian offensive with little gain, and their own counter-offensive is about to begin.


There's still legal wrangling to do, but it sure looks like Disney has outmaneuvered Governor DeSantis. In order to punish the corporation for opposing his Don't-Say-Gay law, DeSantis appointed a new board to oversee the special governing district around Disney World in Orlando, which for decades has made Disney more-or-less its own local government. The governor has done a lot of crowing about how he is bringing the "woke corporation" to heel.

But one of the old board's last acts was to give almost all of its power back to Disney. So DeSantis' new appointees are essentially powerless.

I'm no great fan of Disney, or of corporations wielding governmental power in general. But what DeSantis tried to do should make any real conservative squirm. Using the power of the state to punish corporations who speak out against the governor's policies is Putinesque. It's what dictators do.

Fortunately, though, it looks like DeSantis might not be smart enough to achieve dictatorial power. "Authoritarianism is hard" comments MSNBC's Ja'han Jones.


Speaking of unsuccessful attempts to achieve dictatorial power, Israeli Prime Minister Benjamin Netanyahu appears to have yielded to massive public protests and a general strike: His attempt to seize control of the judicial branch of Israel's government is on hold.

It seems unlikely that he's given up the goal of unchecked power, though, so Israelis will have to remain watchful.


I meant to mention this weeks ago, but this New Yorker interview with Masha Gessen is well worth your time.

Gessen is my go-to source on Vladimir Putin and contemporary Russia. Gessen also has a lot of insight into authoritarianism in general, and the signs of it in various countries.

What I didn't know about them is that they identify as trans. Gessen was raised as a girl and has even given birth. But their inner experience has always been different.

I remember, at the age of five, going to sleep in my dyetski sad, my Russian preschool, and hoping that I would wake up a boy. A real boy. I had people address me by a boy’s name. My parents, fortunately, were incredibly game. They were totally fine with it.

Gessen now lives as trans in New York.

I believe the road to tolerance and understanding goes through listening to people's stories. It's one thing to hear a theoretical explanation, and another to imagine the lives of specific individuals. If the person you're hearing about is someone you already know and admire for some other reason -- as Gessen is to me -- the impact is even greater.


Ordinarily, when an important bloc of voters trends against a party, leadership thinks about how to appeal to them, or at least to send the message that we're not your enemies. Think, for example, about all the discussions Democrats have had about their problem with rural voters or the white working class.

But Republicans don't roll that way. Young people have been voting against them, and it's obvious why: Young voters worry about climate change and student debt. They grew up fearing school shootings, so they want gun control. They're more open to gender diversity and favor LGBTQ rights. They're the most racially diverse generation in US history, so they're revolted when politicians wink and nod at white supremacists. There are all kinds of issues where the GOP could make a policy gesture, something that would tell young voters, "We're not as bad as you think."

Instead, Republicans ask the question "How can we stop young people from voting?"

and let's close with something natural

A beaver's gotta do what a beaver's gotta do. Here, an orphaned beaver raised by humans tries to dam up the hallway with Christmas detritus.