Monday, September 29, 2025

The Show Must Go On

This show is not important.
What is important is that we get to live in a country
that allows us to have a show like this.

- Jimmy Kimmel

This week's featured posts are "What to Make of Charlie Kirk" and "Is Kimmel's return a turning point?"

Ongoing stories

  • Trump's assault on American democracy. The assault accelerated, with violations of free speech, using the Justice Department to persecute enemies, and threats against the city of Portland.
  • Climate change. So much else happened in these three weeks, I could barely notice anything about the climate.
  • Gaza. More and more nations are recognizing a Palestinian state, as Israel's destruction of Gaza continues. Netanyahu gave a defiant speech to the UN.
  • Ukraine. Trump apparently did an about-face on this war, suddenly appearing to support Ukraine. Personally, I don't know why anybody pays attention to what he says, since it so seldom leads to action. Currently, Trump is threatening major new sanctions on Russia, but only after Europe completely stops buying Russian oil. There will always be something somebody else has to do first, because Trump is incapable of standing up to Putin.

Recent weeks' developments

Everybody has been talking about Charlie Kirk

That's the subject of a featured post.

and a shutdown

The new fiscal year starts Wednesday, and there's still no funding to keep the government open. The concessions Democrats are holding out for should be popular, but Trump seems to think a shutdown works to his advantage. So I think we'll just have to have one and see who's right.

Also, the new fiscal year marks when all those federal resignation programs take effect. Hundreds of thousands of government workers are affected, with Trump promising to fire many more if the government shuts down.

I think we're about to find out what all those people do.

and ICE

Wednesday, a rooftop gunman later identified as Joshua Jahn fired down on an ICE facility in Dallas, killing two detainees and wounding another before killing himself. No ICE agents were harmed. The killed appear not to have been targeted directly, but were just in the line of fire as he raked the building with bullets.

Official speculation says that Jahn intended to attack ICE agents, though independent blogger Ken Klippenstein talked to Jahn's friends and described a more complex set of motives.

Both Jahn and Charlie Kirk's killer exemplify how different most shooters are from the rest of us. Most of us have murderous fantasies at one time or another, so we imagine that actual murderers are like us, but with less self-control. I don't think that's true. Look inside the mind of a sniper and you'll usually find a lot of weird stuff that has no parallel in your own mind. John Hinckley shot Ronald Reagan to impress a movie star he was obsessed with; I can't find any motive like that in my own mind.


Trump regime spokespeople are trying to use the shooting to gain sympathy for ICE and exempt them from criticism. And while I'll grant that no one deserves to be shot at for doing their job, ICE itself does not deserve your sympathy and should be getting even more criticism.

Check out this video from New York, where an ICE agent physically attacks a woman who had been pleading with him for information about her husband, "who had been abducted by masked ICE agents who did not identify themselves, did not present a warrant, did not give any lawful grounds for his detention." (To their credit, ICE removed the agent from duty and put out a statement saying that his actions were "unacceptable". But I am left to wonder how many similar incidents pass without notice because no one turns them into viral videos.)

Meanwhile, the Boston Globe reports:

A Leominster family who has lived in the United States for more than 20 years said federal immigration agents held their 5-year-old daughter, who is a US-citizen and autistic, in custody outside their home in an effort to pressure the parents to turn themselves over to agents.

The family gave the Globe videos of the girl standing in the driveway, surrounded by armed agents. When the father told them not to touch her, one agent taunted back: "You’re more than welcome to come pick her up."

Ian Roberts is the superintendent of Iowa's largest school district. (Des Moines), and the first person of color to hold that position. Or at least he was until Friday morning when ICE arrested him. As of this weekend, he was in a county jail. Trump got elected pledging to round up violent criminals, but that's not at all what he's doing.

Since Trump took office in January, 16 people have died while in ICE detention, compared to 26 in the entire four years of the Biden administration.

Here's what I say to those who accuse liberals of "demonizing" ICE: It's not demonization if your behavior is genuinely demonic.


A Reuters article notes that federal drug prosecutions are way down. That's a hidden cost of shifting law-enforcement resources to mass deportation. I also wonder about white-collar crime, which Trump has no interest in stopping. This ought to be a golden age for would-be Bernie Madoffs.


There's an ICE processing center in Burlington, MA, a few miles from where I live. Every Wednesday from 11 am to 1 pm, hundreds of people show up to protest. This week I went for the first time.

and corruption

Recent weeks have exposed corrupt acts of both omission and commission. The so-called Department of "Justice" has been using its shield to protect the guilty and its sword to attack the innocent.

In an undercover operation last year, the FBI recorded Tom Homan, now the White House border czar, accepting $50,000 in cash after indicating he could help the agents — who were posing as business executives — win government contracts in a second Trump administration, according to multiple people familiar with the probe and internal documents reviewed by MSNBC.

The FBI and the Justice Department planned to wait to see whether Homan would deliver on his alleged promise once he became the nation’s top immigration official. But the case indefinitely stalled soon after Donald Trump became president again in January, according to six sources familiar with the matter. In recent weeks, Trump appointees officially closed the investigation, after FBI Director Kash Patel requested a status update on the case, two of the people said.


Trump has gotten impatient with DoJ apparently dragging its feet about indicting and convicting his political enemies. Rather than call AG Pam Bondi on the phone, he posted to Truth Social:

Pam: I have reviewed over 30 statements and posts saying that, essentially, “same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam “Shifty” Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.” ... We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!

[It's worth pointing out that the only one "guilty as hell" is Trump himself. On the merits, both impeachments should have resulted in conviction and removal. With the cooperation of the Supreme Court and a puppet district judge, Trump avoided trial on the most serious indictments. The only time a jury heard the evidence against him, he was convicted on all counts.]

For the most part, DoJ prosecutors have been trying to placate Trump without doing too much injury to their personal integrity. The result has been what LawFare's Benjamin Wittes calls "ghost investigations": DoJ announces that it is investigating Trump's enemies, allowing Fox News to tease its viewers with the anticipation of lurid show trials. But since these people have done nothing wrong other than antagonize Dear Leader, the investigations lead to "all talk, no action", just as Trump said.

Announcing such investigations is an ethical violation in itself -- DoJ should shut up until it has an indictment to file in court -- but people unwilling to compromise themselves at least that far don't survive in the Trump regime.


The most urgent enemy for Trump to indict was James Comey, because the statute of limitations was about to run out on his 2020 testimony to Congress. That effort at persecution had been running into roadblocks, mainly because professional prosecutors did not want to violate their integrity or ruin their reputation by pushing a phony indictment for political purposes.

To start with, Trump-appointed US Attorney Erik Siebert refused to try to indict Comey, believing there was no case. So Trump pushed him out and replaced him with his former personal lawyer (who has never prosecuted a case before) Lindsey Halligan. Halligan was met with a memo from her prosecutors more-or-less repeating that point.

It is unclear whether any career lawyers in the U.S. attorney’s office for the Eastern District of Virginia agreed with the decision to seek charges against Comey or will be willing to help conduct the day-to-day work of the prosecution.

One of the points Halligan will have to defend against is malicious prosecution, for which a judge could throw the case out. To guard against that, you would expect the indictment itself to make a strong case, but the Comey indictment does not: It is a mere page-and-a-half, and just lists the charges without giving a hint as to why anybody should credit those charges. Reportedly, the grand jury refused to support a third count, and passed the other two with a bare 14-9 majority. That doesn't speak well for Halligan's ability to get a unanimous beyond-reasonable-doubt judgment from a trial jury.

But that seems to be beside the point: Halligan needs to please Trump, and Trump wants an indictment. So he got one.

and Portland

The latest American city Trump has chosen to invade for no legitimate reason is Portland.

At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary.

Residents of Portland have no idea what he's talking about. The city is not "War ravaged". There have been a few small protests outside ICE offices (probably like the one I participated in Wednesday in Massachusetts), but they are not "under siege from attack by Antifa".

200 troops from the Oregon National Guard have been deployed over the objection of their usual commander, Governor Tina Kotek. Oregon and Portland have come together to file a lawsuit seeking to stop the deployment.

“When the president and I spoke yesterday, I told him in plain language that there is no insurrection or threat to public safety that necessitates military intervention in Portland or any other city in our state," Democratic Gov. Tina Kotek said in a news release Sunday. "Despite this — and all evidence to the contrary — he has chosen to disregard Oregonians’ safety and ability to govern ourselves. This is not necessary. And it is unlawful. And it will make Oregonians less safe."

and autism

The great thing about being a crank is that you're never wrong. Any bit of evidence that supports your view is reliable, while anything pointing the other way is fake. So as soon as Trump appointed well-known crank RFK Jr. to head the Department of Health and Human Services, you had to know what was coming: an announcement that a simple cause for rising numbers of autism diagnoses has been found, and that it has something to do with either a vaccine or a drug people take.

We got that predictable announcement Monday. Trump and RFK appeared together to announce that autism is caused by taking Tylenol late in pregnancy.

Trump kicked the meeting off by expressing the classic crank fantasy: I know way more than the experts and I always have.

It's probably 20 years ago, in New York. I was a developer, as you probably heard, and I always had very strong feelings about autism and how it happened and where it came from. ... It's turning out that we understood a lot more than a lot of people who studied it.

In a word: no. The best reference I found on this topic was in Stat News. The gist is that there is a (small) correlation between women taking Tylenol during pregnancy and autistic children. But this has been studied for years and nobody has found any causation.

[W]hat researchers debate is whether Tylenol might cause autism, or whether Tylenol is simply more often used by people who experience certain conditions during pregnancy, such as infections or migraines, which might also be linked to autism. This is a key problem in science. Ice cream consumption increases in the summer, as do sunburns and shark attacks. But ice cream does not cause sunburns or shark attacks — they all just happen more often during the summer.

Nothing in the science justifies Trump's unequivocal statement: "So taking Tylenol is not good. All right. I'll say it. It's not good."

And even if the entire correlation were due to Tylenol causing autism, it's way too small to explain the increase in autism diagnoses.

Oh, and there was a bunch of nonsense: Cuba and the Amish do indeed have autism, among other bits of misinformation.


The other headline from the announcement was an "exciting new therapy" for autism: leucovorin. This also is not new. There are some very small studies that show that leucovorin might help somewhat. The normal course of research would be to commission larger studies and see if the small-study result can be replicated -- not to announce an "exciting new therapy".

Remember: Trump pushed two quack remedies for Covid -- invermectin and hydroxychloroquine. Neither was effective.


Finally, even though what they were presenting had nothing to do with vaccines, Trump just couldn't couldn't stop himself from babbling about them.

The other thing that I can tell you that I'll say that they will maybe say at a little bit later date. But I think when you go for the shot, you do it over a five-time period, take it over five times or four times, but you take it in smaller doses and you spread it out over a period of years. And they pump so much stuff into those beautiful little babies, it's a disgrace. I don't see it. I think it's very bad. They're pumping -- it looks like they're pumping into a horse. You have a little child, a little fragile child and you get a vat of 80 different vaccines, I guess, 80 different blends and they pump it in. So ideally, a woman won't take Tylenol. And on the vaccines, it would be good instead of one visit where they pump the baby, load it up with stuff, you'll do it over a period of four times or five times. I mean, I've been so into this issue for so many years just because I couldn't understand how a thing like this could happen and you know it's artificially induced. It's not like something that -- when you go from all of those, you know, healthy babies to a point where I don't even know structurally if a country can afford it and that's the least of the problems. To have families destroyed over this is just so, so terrible. I also -- and we've already done this. We want no mercury in the vaccine. We want no aluminum in the vaccine. The MMR, I think should be taken separately. This is based on what I feel. The mumps, measles and the three should be taken separately. And it seems to be that when you mix them, there could be a problem. So there's no downside in taking them separately. In fact, they think it's better.

Biden once said "Mexico" when he meant "Egypt", and it was headline news. But I don't think he ever gibbered quite this badly.

and Jimmy Kimmel

That's the subject of another featured post.

and H1-B visas

A little over a week ago, I was flying back from a vacation in the Azores. (America and the Trump regime seemed very far away, thank you for asking.) My girl friend was sitting next to a doctor from Germany whose wife has a research job in the Boston area. The Azores seemed like a central point for the two to meet for a vacation, but they had to cut the vacation short due to an emergency.

The emergency had nothing to do with medical care, either needing it or needing to provide it. It had nothing to do with houses or kids or parents or any of the other emergencies we typically think of when we think of cutting short a foreign vacation. No, this was a political emergency. Trump has just signed an executive order saying:

entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000

That new policy would take effect at midnight on September 21. Our plane was landing around 8 p.m. on the 20th. Our seatmate's wife had one of those 101(a)(15)(H)(i)(b) (i.e. H1-B) visas, and was panicked that she'd owe $100K if she didn't get back to the US before midnight.

Eventually the Trump regime clarified its order; in fact they wouldn't have owed the money. The $100K is a one-time payment for new visas, not something H1-B holders owe every time they cross the border. But our doctor friend and his wife were not alone in his interpretation:

For a tense 24 hours, workers feared they could be locked out of the United States altogether. Tech companies and banks sent urgent memos advising employees not to leave the country. Bags were packed, tickets bought and families left behind as visa holders scrambled to beat what they believed was a looming deadline.

Video verified by NBC News showed chaos and confusion on a flight from San Francisco to Dubai after Trump’s announcement. The captain is heard citing “unprecedented” circumstances, saying, “There’s a number of passengers that do not wish to travel with us.”

Maybe your eyes glaze over when you see a bureaucratic phrase like "H1-B visa", and maybe sometimes you even succumb to the regime's dehumanization of H1-B holders as "immigrants" or "foreigners". But they're all real people. They have families, they take vacations, and sometimes they sit next to you on airplanes.

Here's a less technical way to think about "section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b)": When most immigrants come to America, the impetus comes from them. They are either running from an unliveable situation somewhere else, or just seeking a better life here. Many Americans are afraid that if we let in everybody who wants to come, our society will be swamped. They'll drive down wages; we'll lose our unifying values, and so on. So we construct all sorts of legal hurdles people have to jump before they can come and stay for anything longer than a vacation.

But occasionally the impetus to bring someone to America comes from us. They have some rare (or even unique) talent that we need, so we want those people to be able to jump the line and come here quickly, without a bunch of barriers or hurdles. That's what the H1-B visas are for. Every year, we let in about 85K foreigners under this program. They get a three-year visa which they can extend to six years. Many use those six years to apply for a green card and stay permanently.

A variety of exemptions have stretched the numbers in recent years, to 265,777 in 2022. That might be too many. There aren't a quarter-million Einsteins trying to get into the country every year, and one reason entry-level jobs in technology are hard to find might be that companies are bringing in cheap programmers from India and other low-wage countries.

So the justifications given for Trump's executive order were not entirely wrong:

[A]buse of the H-1B visa program has made it even more challenging for college graduates trying to find IT jobs, allowing employers to hire foreign workers at a significant discount to American workers. ... Reports also indicate that many American tech companies have laid off their qualified and highly skilled American workers and simultaneously hired thousands of H-1B workers. ... American IT workers have reported they were forced to train the foreign workers who were taking their jobs and to sign nondisclosure agreements about this indignity as a condition of receiving any form of severance. This suggests H-1B visas are not being used to fill occupational shortages or obtain highly skilled workers who are unavailable in the United States.

So the program is ripe for reform, and it shouldn't be hard to build a bipartisan consensus around some simple changes. But why use a scalpel when you have a hatchet? Paul Krugman summarizes all the ways that Trump's new rule will hurt the US economy and our standing in the world.

But I keep thinking about our seatmate. How many foreigners like him and his wife are getting the impression that the US is bad news? Getting involved with the United States or American companies means giving an unstable autocrat permission to pull your strings.

which all leads to an overwhelming question

All my life, I've been taught to respect the law. But what should we do when the law stops being respectable? Vassar Professor Daniel Mendiola raises this in a Guardian column "The US government is facing a crisis of legitimacy".

Much of the blame for this lies with the Supreme Court, which decided to give Trump immunity for all official acts, whether they are legal or not. And through its shadow docket, it has repeatedly overturned injunctions that forced the Trump regime to obey the laws.

If courts can’t issue an injunction to stop the government from doing illegal things, then no matter how blatantly the government is violating people’s rights, it can keep doing it unimpeded so long as the case stays tied up in appeals – a process that often takes years. In this scenario, law exists in theory, but there are virtually no limits to what the government can do in practice.

American law rests on a social contract: We accept the laws, and the government accepts its legal limits. But what if there no longer are any legal limits? What if the government can kidnap people off the streets and send them to foreign prisons to be tortured? What if it can tell employers to fire people who criticize the president? What if it can make rules based on obviously bogus "science"? What if its officials can accept bribes, but its opponents can be prosecuted for no reason?

Then the social contract is broken. We all have to think about what that means.

and you also might be interested in ...

We had a violent weekend:

At least four people were killed and eight others injured after a gunman opened fire at a Mormon church in Michigan and then set the building ablaze, authorities said. ... In North Carolina, another 40-year-old Marine veteran who served in Iraq was the suspect in a shooting that killed three people and wounded five others less than 14 hours before the Michigan incident. ... In Texas, about 12.15am on Sunday, two people died and five more were injured in a shooting at the Kickapoo Lucky Eagle casino in Eagle Pass, near the US-Mexico border, the local news outlet KSAT reported. ... Meanwhile, in New Orleans, on the first block of Bourbon Street, the well-known entertainment thoroughfare, a triple shooting killed one woman, wounded two other women and injured a man, local police said. According to Guardian reporting partner WWL Louisiana, the slain woman was pronounced dead at the scene while the other three who were wounded were taken to a hospital.


Wired asked hundreds of federal employees what it was like last spring to have DOGE overlords roaming about. The gist: A lot of trivial harassment resulting in no actual savings or efficiencies. An anonymous woman from FEMA tells this story:

The women’s restroom was out of toilet paper within a week or so of us coming back to the office. I brought this up to Facilities, like, "Hey, this is kind of a sanitation and dignity issue, can you hook us up with more toilet paper?" They were like, "We’d love to, but we can’t purchase anything until they unfreeze the cards, and we don’t even know what the process is, because they have them sort of indefinitely frozen." For five months we were instructed to bring in our own toilet paper. I literally kept two rolls at my desk. I wish I were joking.


Speaking of DOGE: We all remember hearing that DOGE shut down programs like USAID, cut a bunch of medical research grants, and fired lots of people. This was supposed to save money. But what happened to that money?

Across federal agencies, the Trump administration’s aggressive slash-and-burn approach to federal programs, grants and contracts has repeatedly challenged Congress’ power of the purse. The administration has claimed it has the discretion to redirect funds to programs aligned with Trump’s agenda — and Republican congressional leaders have largely let them do it.

The outcome: Billions in taxpayer dollars have become virtually untraceable — a level of opaqueness in government funds that’s raising questions around the legality of the administration’s actions.


Nobody is very good at predicting financial collapses, so you should always take economic doomsaying with a grain of salt. Nonetheless, one of the things pessimists look for is the possibility of a vicious cycle, where things briefly going bad (for any reason) might suddenly produce other reasons for things to go bad in a more serious way. The 2008 collapse was like that. Everything was fine as long as people kept bidding up house prices. But as soon as the housing boom faltered, banks started failing, causing more people to need to sell their houses.

The Guardian's Larry Elliott has identified such a potential cycle. He starts out by noting the oddity of the current moment: Stock markets are setting records at a time when the underlying economy doesn't look so good; growth stalling, inflation and unemployment both creeping up, and so on. If you're in the bottom half of the economy, you're probably worried about your future. But at the same time, things look pretty good for the wealthy.

The top 10% of earners account for almost half of consumer spending – the highest level since the late 1980s.

So if something made the well-to-do uneasy enough to cut back, they could start a recession all by themselves. What might make them do that? A drop in the stock market.

So we're in a situation where some shock -- say, an unexpected corporate bankruptcy or something -- could cause a short-term drop in the markets, which would then start a recession, which would then lead to a bigger drop.

and let's close with something out of this world

NASA and the European Space Agency regularly put videos on YouTube based on what they're seeing through they Hubble Space Telescope. HubbleCast is up to its 133rd episode. Here's Episode 1 to get you started.

Monday, September 8, 2025

Speed without Rigor

No Sift for the next two weeks. New articles will appear September 29.

Judges in the trenches need, and deserve, well-reasoned, bright-line guidance. Too often today, sweeping [Supreme Court] rulings arrive with breathtaking speed but minimal explanation, stripped of the rigor that full briefing and argument provide.

- anonymous lower-court judge

This week's featured posts are "Will the courts hold the line?" and "The Democrats' Shutdown Strategy".

Ongoing stories

  • Trump's assault on American democracy. Fresh off a rebuke from a California judge about the meaning of the Posse Comitatus Act, Trump seems ready to send troops to Chicago.
  • Climate change. Windmills have not had this persistent an enemy since Don Quixote.
  • Gaza. Israel's defense minister issued a "final warning" to Hamas: release the remaining hostages and lay down your weapons "or Gaza will be destroyed, and you will be annihilated."
  • Ukraine. We've been hearing all summer that Putin was winning the war and Ukraine's military was on the brink of collapse. But the summer offensive is all but over, and Russia has gained very little ground.

This week's developments

Trump's legal defeats

These are covered in one of the featured posts.

Epstein is back in the headlines

The whole point of starting Congress' August recess sooner was to avoid voting on legislation to release the Epstein files. By September, Speaker Johnson figured, the whole thing would have died down.

Well, apparently not. Congress is back in session and the Epstein files are still a thing.

Early on, I wrote off the Epstein controversy as a Q-anon-related conspiracy theory (which it contributed to), so I didn't pay attention to it. As a result, I completely misrepresented it when I first mentioned it here. (Commenters called me out for that, and they were right.)

For my sins, I watched the complete two-hour rally and press conference that Epstein survivors held Wednesday. I recommend it. It's not an easy story to hear, and the victims' stories get a little repetitive, but that's sort of the point: This happened over and over again; it was reported to authorities over and over again; and nothing was done.

What happened over and over was that some attractive and impressionable 14-year-old was invited to come to Epstein's mansion either with the offer of easy money ($200 to give some old guy a massage), help launching a modelling career, or immigration to the United States. That intro turned into sexual exploitation that was difficult to escape, sometimes for years.

The purpose of the rally was to try to get two more Republicans to sign Rep. Thomas Massie (R-KY)'s discharge petition that will force a vote on legislation demanding release of all federal files on Epstein. (Marjorie Taylor Greene, Nancy Mace, and Lauren Boebert are the other Republicans on board. If you're uncomfortable being on the same side they are, join the club.) That effort seems to be failing, but the petition might succeed anyway after a few more Democrats fill vacancies by winning special elections later this year.

Opposing this bill looks terrible for congressional Republicans: They're siding with sexual predators against their victims. You know that most of them must want to vote for it, at the very least just to avoid criticism. The only reason they don't is pressure from Trump. Which leads to an obvious question: What in those files is so bad for Trump that he would torpedo his own party like this?

Declaring War on Chicago

That looks like a fake post some satirist made up, but it's real. Our president put it out on social media on Saturday.

The previous Tuesday, Illinois Governor Pritzker had given a second speech [transcript, video] challenging the basis for Trump's planned invasion: It's not about crime and it's not about immigration. There are proven violence-reduction programs that Trump cut, and even with majorities in Congress he has offered no plan to fix the immigration system.

Chicago has a

comprehensive evidence-based approach to crime: hiring more police officers and giving them more funding, gun and drug and gang interdiction, investing in community violence intervention, mental health supports, more substance use treatment. Those programs have shown real progress.

Then you know what happened? Donald Trump and his Republican allies in Congress cut those programs because they are unserious people who seem to know nothing about fighting crime.

Pritzker has pledged to go to court immediately if troops show up in Chicago. From previous court rulings, I think I know how that case will go. Requests for injunctions to stop Trump from sending in the National Guard have failed, because Congress really did delegate that power by law. But the next question is what those troops can do once they get somewhere: They can't do law enforcement, because that violates the Posse Comitatus Act. Here's the conclusion Judge Charles Breyer came to in the California lawsuit:

For the foregoing reasons, the Court ORDERS that Defendants are enjoined from deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants, unless and until Defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act.

The California injunction is stayed pending appeal, and doesn't apply to Chicago or DC anyway. But the same principles hold once they are put before a judge: Nobody can stop Trump from sending troops to Chicago or anywhere else. But legally, they can't do much once they get there.


Washington DC has also filed a lawsuit challenging Trump's occupation of the city. They will win.


Something I don't hear discussed often enough: Why would anybody expect a temporary military presence to resolve the crime problem in a major city?

Sure: muggers, carjackers, and the like might lie low while troops are patrolling the streets. But what long-term problem is getting solved? Or are the troops themselves the long-term solution, because they stay forever?

The only way any of this makes sense is if you believe the Trump myth that big-city crime is due to undocumented immigrants. In that fantasy world, ICE could deport the whole criminal class during the occupation, leaving a crime-free city at the end.

But if crime is the result of poverty, hopelessness, poor education, drug addiction, mental illness, and the lack of legal opportunities, then it will spring back up as soon as the troops leave.

the Navy attack on a drug-smuggling boat

Tuesday, a US Navy aircraft destroyed a boat that the Trump administration claims was smuggling drugs into the US and was operated by the Venezuelan gang Tren de Aragua. Eleven people, alleged gang members, were killed.

I was skeptical of these kinds of attacks when Obama did them, so you can predict my position on this. But even more interesting is the view of Benjamin Wittes, founder of the Lawfare blog, who has long been a defender of "targeted strikes against enemy individuals or small groups". This strike, though, is "not what I signed up for".

Wittes makes three distinctions between this strike, and, say, the Obama drone attack that killed Anwar Al-Aulaqi (the very one I was complaining about in the link above). First is legality:

The first and most important difference is that those past strikes targeted people genuinely believed to be operational figures in terrorist groups who were at least plausibly covered by a congressional authorization to use military force, which was worded broadly to cover a broad range of worldwide operations.

Second, there were alternatives to deadly force:

When you’re dealing with one small boat heading to one’s own territory in international waters and the United States Coast Guard is available, there are plenty of options short of blowing up that boat. ... [T]he United States targeted with lethal force people it believed to be civilian drug traffickers and acknowledged that it could have stopped them. This would be illegal for cops. And it should be unthinkable for the military too.

And finally, this just isn't a military problem.

Cartel and gang members are not combatants in an armed conflict against the United States. And unless they are engaged in an ongoing or imminent military attack against the United States, it simply isn’t self-defense to attack them with lethal force either.

The question I always come back to is: What stops the President from calling in an airstrike on me? It seems like the restrictions on presidential killings are getting thinner and thinner. Ron Filipkowski expresses a similar view:

So if you are out on a boat Trump can just blow you up and kill you and everyone on board by saying you had drugs without presenting any proof? That’s how this works now?

RFK Jr. and the larger attack on science

The HHS Secretary testified for three hours before the Senate Finance Committee Thursday. The hearings came just a week after Kennedy was responsible for decapitating the CDC: The Trump-appointed head was fired and three other high-ranking officials resigned, largely due to Kennedy's moves to restrict access to vaccines, relying on cranks and conspiracy theorists rather than the scientists of the CDC.

Kennedy faced tough questioning not just from the Democratic minority on the committee, but also from Republicans Thom Tillis, John Barrasso, and especially Bill Cassidy, who had been the deciding vote on the committee that voted to approve Kennedy's nomination in February.

Cassidy, a doctor, is like so many Republicans in Congress: He surely knew better in February, but for whatever reason decided to go along the Trump administration. In February he told the Senate about assurances he had gotten from Kennedy:

These commitments, and my expectation that we can have a great relationship to make America healthy again, is the basis of my support. He will be Secretary, but I believe he will also be a partner in working for this end. 

If Mr. Kennedy is confirmed, I will use my authority as Chairman of the Senate Committee with oversight of HHS to rebuff any attempts to remove the public’s access to life-saving vaccines without ironclad, causational scientific evidence that can be defended before the mainstream scientific community and before Congress. I will carefully watch for any effort to wrongfully sow public fear about vaccines between confusing references of coincidence and anecdote. 

But my support is built on assurances that this will not have to be a concern and that he and I can work together to build an agenda to make America healthy again.

Now, predictably, RFK Jr. has violated those commitments, including one to "maintain the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices without changes" (in fact he fired the whole committee and replaced them with cranks). Cassidy is left with no recourse beyond asking tough questions. He gave up real power when he had it, and now it is gone.

I watched the first hour of the three-hour hearing. Kennedy staunchly defended an alternate reality in which all evidence of vaccine effectiveness is propaganda from Big Pharma, which controls all medical journals, just about all scientists, and any member of the committee who leaned on him too hard. He did not explain where better information would come from.

I imagine that any MAHA true believers watching the hearing felt vindicated. In a world where there are no reference points and no sources of reliable information, why not believe whoever you want to believe?


Something similar is happening with climate change. The Trump administration put out a report written by five climate-change skeptics hand-picked by Energy Secretary Chris Wright, the former CEO of a fracking company, who said before his appointment: "There is no climate crisis and we're not in the midst of an energy transition either."

The report was criticized by 85 climate scientists, who judged it "biased, full of errors, and not fit to inform policymaking", mainly because it cherry-picked data to reach a pre-determined conclusion, and cited papers as proving things that those papers' authors disagree with. Andrew Dessler, one of the 85, wrote:

I did not go into science to make money, nor did I go in to push a “liberal agenda”. I went into science because I love science. I love the rigor, I love the discipline, I love looking at data and seeing how the world operates. Most importantly, I respect science. When I read the DOE report, I saw a document that does not respect science. In fact, I saw a document that makes a mockery of science.

He compares the DoE report to "research" put out in decades past by the Tobacco Institute, denying tobacco's connection to cancer.

Their goal was not to win the debate that cigarettes were safe — they clearly understood they could not — but to muddy the waters enough to head off regulations on their business. Thus, the DOE report is designed to do exactly the same thing: muddy the waters enough that the government can claim there’s too much uncertainty to regulate carbon dioxide.

This is the method of the current authoritarianism: There is no capital-T Truth, just your experts arguing with my experts. So we should just all do what we want and whatever we have the power to do.

and FY 2026

Money to operate the government runs out when the fiscal year ends on October 1. One of the featured posts discusses the leverage this might give Democrats and what they should do with it.

and you also might be interested in ...

Apparently, firing the head of BLS didn't fix the jobs reporting process the way Trump wanted. The August report came out Friday, and was once again disappointing, or perhaps even alarming. The economy added only 22K new jobs in August, well below the 80K economists expected, not to mention the 168K per month rate of 2024.

As usual, past months' estimates were revised as more complete data came in. July numbers were revised upward, but June downward, for a total loss of 21K jobs. The unemployment rate rose to 4.3%, its highest level since October, 2021, during the pandemic. 4.3% is not alarming in itself, but the trend is up.


The Texas legislature has passed, and Governor Abbott is expected to sign, a new law against abortion pills, modeled on its 2023 bounty-hunter law that allowed civil cases against anyone who helped a woman get an out-of-state abortion.

The background is that out-of-state doctors prescribe to Texas women abortion pills that are illegal in Texas. Such pills are easily mailed or carried across the border. Texas is searching for ways to penalize those doctors, but it keeps running into blue-state shield laws.


White supremacist and Christian nationalist rhetoric is moving into the mainstream.

Senator Eric Schmitt (R-MO) addressed the question "What is an American?" at the National Conservatism Conference in D.C. on Tuesday. He called into question the whole idea of immigration and naturalization, and argued against the notion that anyone who believes in our system of government can become an American. [I linked to the full text because you should be able to check that I'm summarizing him fairly.]

He seemed to carefully avoid any specifically racist or fascist quote that could be pulled out for criticism, but the basic ideas were there: American was built by a particular group of people for their descendants. He doesn't say "White people" exactly, but

We Americans are the sons and daughters of the Christian pilgrims that poured out from Europe’s shores to baptize a new world in their ancient faith.

He mentions the George Floyd "riots" as if they are code for something bad that he doesn't want to spell out. He proudly points to his own German ancestors (arriving, like mine, in the 1840s), and the Scots-Irish who settled Missouri, who were "ideally suited to life on the edge of civilization". He doesn't come right out with proclaiming America a White homeland. But he closes with this:

This fight is about whether our children will still have a country to call their own. It’s about whether America will remain what she was meant to be: The apex and the vanguard of Western civilization. A strong, sovereign nation—not just an idea, but a home, belonging to a people, bound together by a common past and a shared destiny.

He cloaks this message in false class-consciousness. "They" are "the elites who rule everywhere but are not truly from anywhere." "They" shipped your jobs overseas and brought in foreigners to compete with you. "They" are also "the Left", which "took [America's founding] principles and drained them of all underlying substance, turning the American tradition into a deracinated ideological creed." [my emphasis] "They" are the ones who brought down the statues (of enslavers) and changed the names (of places honoring enslavers).

It's perfectly rational for native-born Americans to worry about what has been happening to jobs and wages over the past 50 years. But twisting that legitimate impulse in a blood-and-soil direction is dangerous.

We're real close to blatant ethno-nationalism here, and a vision where Blacks, Hispanics, Asians, and even Jews are not really Americans -- so why not send ICE after them? This kind of thinking is not hidden any more, and it's not fringe.


Elon Musk has a new pay package agreement from Tesla. If he hits all the goals, in ten years he will be a trillionaire.


ProPublica looks at what happened when DOGE met Social Security. Social Security is a 90-year-old bureaucracy with ancient hardware and software, so a high-tech team empowered to promote "efficiency" should have been exactly what it needed. Instead, Musk's minions went looking for non-existent fraud that might quickly provide fodder for good tweets.

and let's close with something adorable

If you've made it through all this seriousness, you deserve seven minutes of escape. Here, National Geographic compiles video of cute baby animals in the wild. My favorites are the arctic foxes.

Monday, September 1, 2025

Waking Up to the Difference

I think many Americans wrongly believe there would be one clear unambiguous moment where we go from “democracy” to “authoritarianism.” Instead, this is exactly how it happens — a blurring here, a norm destroyed there, a presidential diktat unchallenged. Then you wake up one morning and our country is different.

- Garrett Graff, "Slouching Towards Fascism"

This week's featured post is "Lysenkoism Comes to America".

Ongoing stories

The Trump vision of Future Gaza has to be seen to be believed.

This week's developments

Blue cities resist military occupation

National Democrats have been slow to mobilize against the National Guard going to Washington D.C. Trump justified his takeover of the city's police department by citing crime, which has been going down in recent years and is not as bad in DC as it is in red-state cities like Memphis or Little Rock. But crime is still a problem. Couple that with the number of times Democrats have been successfully smeared as "soft on crime", and it makes leaders like Chuck Schumer and Hakeem Jeffries gunshy.

But last Monday, Illinois Governor J. B. Pritzker [text, video] responded to reports that Trump was planning a similar occupation of Chicago with proper defiance.

Earlier today in the Oval Office, Donald Trump looked at the assembled cameras and asked for me personally to say, "Mr. President, can you do us the honor of protecting our city?" Instead, I say, "Mr. President, do not come to Chicago. You are neither wanted here nor needed here."

Pritzker rejected the whole notion that Trump's effort to occupy Democratic cities had something to do with crime. If Trump were serious about combating crime, he would not be "defunding the police".

He would not be cutting over $800 million in public safety and crime prevention grants nationally, including cutting $158 million in funding to Illinois for violence prevention programs that deploy trained outreach workers to deescalate conflict on our streets. Cutting $71 million in law enforcement grants to Illinois, direct money for police departments through programs like Project Safe Neighborhoods, the state and local Antiterrorism Training Program, and the Rural Violent Crime Reduction Initiative, cutting $137 million in child protection measures in Illinois that protect our kids against abuse and neglect.

A president who actually cared about urban crime would be asking local officials what they need.

If this was really about fighting crime and making the streets safe, what possible justification could the White House have for planning such an exceptional action without any conversations or consultations with the governor, the mayor, or the police?

Let me answer that question: This is not about fighting crime. This is about Donald Trump searching for any justification to deploy the military in a blue city, in a blue state, to try and intimidate his political rivals. This is about the president of the United States and his complicit lackey, Stephen Miller, searching for ways to lay the groundwork to circumvent our democracy, militarize our cities and end elections.

Pritzker made his speech flanked not just by his political allies, but by business, religious, and educational leaders of Chicago.

So far it seems to be working. The administration has subsequently announced plans to increase the ICE presence in Chicago, but is no longer talking about a complete takeover.

Pritzker did not just play the victim here; he threatened to strike back.

Finally, to the Trump administration officials who are complicit in this scheme, to the public servants who have forsaken their oath to the Constitution to serve the petty whims of an arrogant little man, to any federal official who would come to Chicago and try to incite my people into violence as a pretext for something darker and more dangerous: we are watching and we are taking names.

This country has survived darker periods than the one that we are going through right now, and eventually the pendulum will swing back, maybe even next year. Donald Trump has already shown himself to have little regard for the many acolytes that he has encouraged to commit crimes on his behalf.

You can delay justice for a time, but history shows you cannot prevent it from finding you eventually. If you hurt my people, nothing will stop me, not time or political circumstance, from making sure that you face justice under our constitutional rule of law.

I am reminded of Boris Yelstin's response to the 1991 Soviet coup. At that time he was president of the Russian Republic of the USSR, and was armed with nothing but the dubious prestige of his office. But when tanks came to the center of government in Moscow, he stood on one of them and gave a speech pledging not just to end this coup but to hold its perpetrators to account. And he did.

This is a time to trust the perceptions of the American people. Democrats should tell it like it is, and not soft-pedal what is going on.

And finally, I want to call mainstream journalism out for its malfeasance. If you covered this speech as Pritzker positioning himself for 2028, you are part of the problem. America is facing a test of whether it can survive as a democratic republic. The 2028 horserace is a minor subplot, not the main story.


TPM calls attention to the inconsistency of sending troops because DC had become a "hellscape", after refusing to let the District spend $1 billion of its own money.

But before Trump reached for the old D.C. standbys to justify his occupation, he and his Republican allies in Congress did everything they could to weaken the district earlier this spring. They used the district’s lack of true self-governance to withhold over $1 billion of its own money, paid by its own taxpayers, in the middle of the fiscal year.

Other steps toward and away from authoritarianism

A massive photo of Trump hangs on the Labor Department headquarters in Washington, D.C.

The big news this week was that the Federal Circuit Court of Appeals agreed with the Court of International Trade that Trump's reciprocal tariffs -- which constitute most of Trump's tariffs -- are illegal.

The tariffs will remain in place pending the Supreme Court appeal that is surely coming.

The argument against the legality of the tariffs is fairly simple: Tariffs are taxes, and the Constitution assigns the taxation power to Congress, not the president. Congress can on occasion delegate that power, but the emergency laws Trump is invoking do not specifically mention tariffs. So Trump has no such power.

Unfortunately, the ruling is not unanimous, which means that four of the 11 judges thought there was enough wiggle room in the text to let Trump proceed. (The emergency law allows him to "regulate" foreign trade, which Congress might have intended to include tariffs.) That view is a stretch, but the Supreme Court's partisan Republican majority has been willing to stretch the law for Trump before. (After their immunity ruling, I have lost all faith in their objectivity.)

An interesting feature of the ruling is that it invokes the "major questions doctrine", which the Supreme Court created out of whole cloth in 2000, and greatly expanded so that it could strike down things President Biden did, like cancel student debt. SCOTUSblog defines that doctrine as "the idea that if Congress wants to give an administrative agency the power to make decisions of vast economic or political significance, it must say so clearly".

Trump's reciprocal tariffs are reorganizing the world economic order. Their significance dwarfs Biden's student-debt relief. If the Court thinks that big a power can be hidden inside a speculative interpretation of "regulate", then Justice Jackson is right: They are playing Calvinball.


The WaPo points out a simple fix if the tariffs are as important as Trump says: Go to Congress to get the power that the appeals court said you don't have.


It's a sign of the times that Trump's attempt to fire Fed Governor Lisa Cook is not the week's biggest story. The Supreme Court has upheld an extreme view of unitary executive theory that has allowed Trump to fire officials previously thought to be beyond his reach, like the heads of independent agencies established by Congress. However, the Court explicitly exempted Fed governors from that ruling, so they can't be fired at will.

So Trump is attempting to fire Cook for cause, citing an accusation that she claimed two homes simultaneously as her primary residence. If Court allows this, the Fed exemption becomes meaningless: If "cause" is whatever the President thinks is a cause, then he can make up something against anyone, and essentially fire them at will.


An executive order issued last Monday instructs the Secretary of Defense to create a "quick reaction force" of National Guardsmen who could be deployed to any state to "quell civil disturbances". It sounds like a way to use troops to put down peaceful protests against Trump.


Trump informed Congress that he won't be spending $4.9 billion that Congress appropriated for foreign aid. He's taking advantage of a loophole in the law known as a "pocket rescission".

The Impoundment Control Act (ICA) lays out rules governing that process and allows the administration to temporarily withhold funding for 45 days while Congress considers the request. If lawmakers opt not to approve the request, the funds must be released. A pocket rescission would see the president send the same type of request to Congress within 45 days of the end of the fiscal year on Sept. 30. The request is made so late that the funding is essentially paused until it runs out at the end of the year regardless of congressional action.

In general, Trump sees congressional appropriations as a ceiling on government spending, not a floor. There are some situations where this view makes sense and others where it doesn't. If, say, Congress appropriated $100 million for a new bridge and the administration managed to get it built for $90 million, it would be silly to object. But if the administration decides to save the whole $100 million by not building the bridge at all, that seems like a usurpation of power.

No president has used the pocket rescission in 50 years, and it throws yet another wrench into Congress' efforts to fund the government when the new fiscal year starts on October 1. Typically, the last negotiations on a spending package are between the two parties: I'll support your project if you support mine. But all that goes out the window if Trump can decide to spend the money on the Republican projects, but not the Democratic ones.


The redistricting wars have moved on to Missouri.


Alligator Alcatraz, Florida's immigrant gulag in the Everglades, is shutting down with a major loss for the state.

US District Judge Kathleen Williams denied requests to pause her order to wind down operations, after agreeing last week with environmental groups and the Miccosukee Tribe that the state and federal defendants didn’t follow federal law requiring an environmental review for the detention center in the middle of sensitive wetlands.

and the CDC

The decapitation of the CDC was covered in the featured post.

and you also might be interested in ...

India's Prime Minister Narendra Modi went to China this week, attending the Shanghai Cooperation Summit, along with Russia's Vladimir Putin and several other leaders. For years, US diplomacy has tried to position India as a fellow democracy in competition with China, and India has tried to appeal to US businesses as an alternative to Chinese factories. But Trump's tariffs have changed all that. The NYT reports:

President Trump’s 50 percent tariffs landed like a declaration of economic war on India, undercutting enormous investments made by American companies to hedge their dependency on China.


Unofficial reports say Senator Joni Ernst of Iowa will not seek reelection next year. Iowa Democrats have a prime candidate to run for the now-apparently-open seat: Josh Turek, who has won a seat in the legislature twice in a very red district.

Ernst' decision may have something to do with Democrat Catelin Drey flipping an Iowa state senate seat in a very red district in a special election held Tuesday.

and let's close with something far out

If you want to get away from the stress of everyday life, you need only look up. Well, assuming you have billions of dollars of equipment. Here, the Hubble telescope looks at the Eagle Nebula's Pillars of Creation, formations of gas and dust that are in the process of creating new stars.

Monday, August 25, 2025

Accusations

Tyrannies don’t always get their way by establishing a secret police force that arrests people at will — although we’re getting that too. Much of their power comes not from overt violence but from their ability to threaten people’s careers and livelihoods, up to and including trumped-up accusations of criminal behavior.

- Paul Krugman

This week's featured post is "Policies to Make the Planet Hotter".

Ongoing stories

As I explained last week, the really important stories are developing on scales longer than a week and wider than any single incident. It's important not to lose sight of them, even as we pay attention to the news that is genuinely "new" this week. Here are the ones I'm keeping my eye on.

  • Trump's assault on American democracy. Law enforcement targeted a Trump critic, as well as a Fed governor Trump wants to get out of the way. (Details below.) Trump called for ABC and NBC to lose their licenses for "unfair coverage of Republicans". The gerrymandering war Trump declared is on: Texas fired the first shot and California is trying to respond.
  • Climate change. The featured post pulls together a lot of individual stories about the Trump administration actively working to make climate change worse.
  • Gaza. Israel prepared for its assault on Gaza City with a bombing campaign, which hit a major hospital and killed a number of journalists, including Americans. Also, an international group officially declared a famine in Gaza.
  • Ukraine. The big thing to know about the Ukraine War this week is that, for all the media attention it got, Trump's summit with Putin accomplished nothing. Putin offered no concessions, Trump backed down from putting any real pressure on him, and the war continues apace.
  • Epstein. To me, this is more of a political story than a news story. Epstein's crimes, horrible as they were, happened years ago, and Epstein himself is dead. His primary accomplice is in jail, and though there may be others who played a role, that's a crime story, which I typically don't cover. But the administration continues to respond to the controversy as if Trump himself had something to hide, and his base is beginning to doubt him in a way they never did before. One good point that the media hoopla consistently ignores: Yes, we'd know more if the Justice Department released its files, but the victims willing to tell their stories are getting surprisingly little attention. This week's development: DoJ has begun to trickle out the documents it feels safe releasing, including the transcript of Deputy AG Todd Blanche's interview with Ghislaine Maxwell.

This week's developments

The redistricting wars

Texas passed its plan to gerrymander five more Republican House seats.

California responded by sending a ballot question to the voters this November: If it passes, California will gerrymander those five seats back.

If the Democrats had been willing to nuke the filibuster a few years ago, they could have passed a federal law that made gerrymandering illegal.

The raid on John Bolton's house

Friday, the FBI raided John Bolton's house in Bethesda, Maryland and another location whose relationship to Bolton I'm not certain of. They had a search warrant and the crime they claimed probable cause of was mishandling classified documents. Former FBI agent Asha Rangappa wrote in the NYT that they presumably had to get two search warrants from two different judges, which adds some credibility to the raid.

However. Bolton, who for a time was national security advisor during Trump's first term, has more recently been a major Trump critic. Prior to becoming FBI Director, Kash Patel included Bolton on a list of Deep State operatives in his book Government Gangsters. According to The Guardian

Bolton now joins a growing list of Trump critics from Patel’s roll the administration has targeted with what appear to be retaliatory federal investigations: James Comey, the former FBI director, John Brennan, the former CIA director, Miles Taylor, the ex-homeland security official and Lt Col Alexander Vindman. All five people, investigated in just seven months, were on Patel’s roughly 60-name list.

The statements made by Trump officials just couldn't be more laughable, in view of the fact that Trump himself mishandled classified documents -- a charge that was thrown out by Trump-appointed Judge Aileen Cannon in spite of open-and-shut evidence: The government had negotiated to recover the classified documents Trump was holding, was told they had all been returned, and then found a trove of them at Mar-a-Lago.

In a post on X early Friday, Patel wrote, "NO ONE is above the law… @FBI agents on mission." Attorney General Pam Bondi and FBI Deputy Director Dan Bongino also appeared to refer to the search in posts on X. "America’s safety isn’t negotiable. Justice will be pursued. Always," Bondi wrote early Friday. “Public corruption will not be tolerated,” Bongino wrote.

But of course, Trump himself is above the law, now that he controls law enforcement and has the blessing of our partisan Supreme Court. Justice will not be pursued and public corruption will be tolerated where Trump is concerned.

Trump allies, like the January 6 defendants, are also above the law, and can beat police officers to their hearts' content.


The other major case of weaponized law enforcement is Lisa Cook, a member of the Federal Reserve's board. Trump wants Cook gone so that he can appoint her replacement and get closer to complete control of the financial system. (In addition to the policy implications, the possibilities for personal profit are enormous. Trump has bought more than $100 million worth of bonds, whose value will increase if the Fed succumbs to his pressure to reduce interest rates.)

In order to get rid of Cook, the head of the Federal Housing Finance Agency has accused her of committing "mortgage fraud" by claiming two properties as her primary residence simultaneously. (This accusation was made by Pulte on social media, and is not an official charge by the FHFA.) Trump is using this accusation to pressure Cook to resign, and has floated it as justification for firing her.

Paul Krugman points out how unusual this is. Even if the charge is true -- a big If, given the lack of any official action and the general unreliability of Trump administration claims -- this is not how such charges are usually handled.

The truth is that even when clear mortgage fraud has taken place, it almost always leads to an out-of-court settlement, with fees paid to the lender, rather than a criminal case. In 2024, only 38 people in America were sentenced for mortgage fraud.

One mortgage fraudster walking around free is Texas Attorney General Ken Paxton, a Trump ally.

This is another case of shameless hypocrisy. Pulte claims that Cook "falsified bank documents and property records to acquire more favorable loan terms". Falsifying business records to get a lower interest rate is what Trump was convicted of in New York.

Paul Krugman draws the conclusion:

The important thing to understand is that we are all Lisa Cook. You may imagine that your legal and financial history is so blameless that there’s no way MAGA can come after you. If you believe that, you’re living in a fantasy world. Criticize them or get in their way, and you will become a target.

and the Intel deal

The US government now owns 10% of Intel. Apparently, Intel had about $8.9 billion coming to it from two government programs:

$5.7 billion in grants previously awarded, but not yet paid, to Intel under the U.S. CHIPS and Science Act and $3.2 billion awarded to the company as part of the Secure Enclave program.

The Trump administration agreed to stop blocking this money in exchange for 10% of the company. Trump predicted that more such deals are coming.

I will make deals like that for our Country all day long. I will also help those companies that make such lucrative deals with the United States States. I love seeing their stock price go up, making the USA RICHER, AND RICHER.

I am reminded of a quote often attributed (perhaps incorrectly) to Mussolini:

Fascism should more properly be called corporatism because it is the merger of state and corporate power.

and DC

The 2000 or so National Guard troops are still there. They just got authorization to carry weapons. So far they haven't killed anybody. Yesterday Trump threatened to send troops to Baltimore as well.

Like the partial nationalization of Intel I mentioned above, this whole endeavor flies in the face of generations of conservative rhetoric. Remember when Ronald Reagan said this:

The nine most terrifying words in the English language are: "I'm from the Government, and I'm here to help."

The DC intervention is exactly the kind of federal overreach conservatives railed against for decades: The federal government decides it knows best, tells you what your problem is, and then imposes some heavy-handed solution without consulting anybody locally.

The reason this is acceptable in today's GOP is that Republicans have been dehumanizing inner-city people for a long time, especially if they're not White. It's basically a colonial attitude: It would be terrible if the government started imposing its will on ME. But THOSE PEOPLE aren't capable of making decisions for themselves. They may have elected officials to represent them, but they're not advanced enough for democracy.

and that Third Way memo

Third Way, an organization whose basic premise is that Democrats and Republicans are more-or-less equally objectionable to most Americans, sparked a bunch of discussion with a post "Was It Something I Said?". The post listed words that "Democrats and their allies" should avoid using, because they "alienate the many" by sounding "superior, haughty and arrogant".

Language policing is tricky. I already avoid a few of Third Way's taboo words and phrases for a variety of reasons. I don't use Latinx, for example, because personally I've never heard someone of Latin ethnicity use it, and I've heard a few object: The x ending isn't a traditional part of Spanish or Portuguese, and those languages aren't mine to fix.

But policing language can also be a way to police ideas. That was a key "feature" of Newspeak in 1984: If you used Newspeak properly, anti-IngSoc ideas became inexpressible and perhaps even unthinkable.

Jamelle Bouie thinks that's what's going on here:

i think that the issue isn’t the words, it is the substantive positions. no amount of language self policing will satisfy someone who just disagrees with, say, legal protection from gender discrimination

I'll elaborate on that point. Some of the words and phrases Third Way wants us to stop using are privilege, cultural appropriation, systems of oppression, barriers to participation, intersectionality, and patriarchy. The post makes no suggestions about how to acceptably raise the notion that American society is rigged to make success harder for some people than others, or that this rigging runs deeper than just individual prejudices. I suspect Third Way wants such ideas to be inexpressible.

We're also not supposed to use existential threat to describe something like climate change. Or food insecurity to discuss the situation of people who are not hungry (and in fact may take considerable pride in the fact that they fed their children this week), but who aren't sure yet how they're going to afford groceries next week, or in some future week when the boss cuts their hours or the recent cuts to SNAP take effect. And if we can't use subverting norms, how are we supposed to talk about all the actions Trump has taken that are not precisely illegal, but that until now have been off the table because they undermine small-d democracy, another forbidden term?

Until I hear some coherent response to these objections, I will regard the Third Way post as doubleplusungood.


Lindsay Cormack of DCInbox Insights has another objection to the Third Way memo: Who exactly was supposed to be using these terms? She did word counts on over 200K official congressional e-newsletters since 2010 and came to this conclusion:

Looking at actual usage, the Third Way memo reads less like an audit of Democrats’ language and more like a list of terms Republicans tell us Democrats are saying. The data show that many of these phrases barely exist in constituent communications, and when they do, Republicans are often the ones writing them either to lampoon Democrats or to spotlight them as proof of “wokeness.”

... People and politicians should be willing to adapt words when they don’t land and should be open to trying out new terms that capture novel experiences/problems that we need to deal with. But as long as Republicans can keep defining Democrats by terms Democrats themselves rarely use, and everyone comes to believe this through repetition is a much bigger challenge for the impressions of the Democratic Party than any lefty words they might on occasion.

This matches my impression of the 2024 campaign. I don't know how many people have told me that it was a mistake for Democrats to "focus on" transgender issues. But when I ask for an example of the Harris campaign or any other Democratic campaign focusing on transgender issues, I get no answers.

In fact it was Trump who spent a great deal of money focusing on transgender issues and making sure everyone knew Harris supported trans rights. So the real point people are making is that Democrats should throw trans people under the bus, not that we should stop talking about them.

and let's close with something

I've closed with this before, but it bears repeating. The Mitchell Trio, including a very young John Denver, sings a song we may need our own version of in a few years: The I-Was-Not-a-Nazi Polka.