Monday, June 29, 2020

Running Behind

At every crucial moment, American officials were weeks or months behind the reality of the outbreak. Those delays likely cost tens of thousands of lives.

- "How the Virus Won"
The New York Times (6-25-2020)

 

The president thinks so much about what he’s doing in terms of the show he’s putting on that there’s been very little attention paid to how the government is functioning. ... What does the dog do when it catches the car? Turns out the dog just keeps running and barking. I had this thought in the Lafayette Square madness. Trump puts on this show. And then he gets there and has nothing to do. He’s just standing there. His whole presidency is like that.

- Yuval Levin

This week's featured post is "Back to Square One". The reason there was no Sift last week was that I was virtually talking to churches in Illinois and Wisconsin (which answers the Firesign Theater question: "How can you be in two places at once when you're not anywhere at all?"). The topic was "Hope and Realism in Difficult Times". You can read the text and watch my dress rehearsal.

This week everybody was talking about the virus breaking loose again

That's the topic of the featured post. Here are some extras that didn't make it into that post.


A reporter at Oklahoma Watch tested positive for Covid-19 after covering Trump's Tulsa rally. Ever the objective observer, the reporter says, "I can’t say definitively that I got it at the rally."


McSweeney's provides "A Message from Your University's Vice President for Magical Thinking".

Our university will proceed as if everything will be okay because we really, really want it to be.

It goes on from there.


Wednesday night was an interesting lesson in the divergence of American news bubbles. If you watched any of the major evening news shows on CNN or MSNBC, the main story was that the number of new Covid-19 cases in the United States had hit a new high that day, with new state records in the biggest states: California, Florida, and Texas. The second major story was that whistleblowers had testified to the House Judiciary Committee about political interference in Bill Barr's Justice Department. (See below.) Those two stories dominated the conversation.

Throughout the evening, though, I would occasionally jump over to Fox News to see what stories Tucker Carlson, Sean Hannity, and Laura Ingraham thought were most important. I didn't watch any of those shows end-to-end, so I can't definitely say they never mentioned the two stories that were dominating the other news networks. But I never caught them talking about either one. Instead, they wanted to talk about the excesses of the protests that were still going on in many major cities: statues being pulled down, the CHOP autonomous zone in Seattle, and so on. These were presented as very scary developments; our cities are dissolving into chaos.

To see if I was hearing this right, I bopped over to FoxNews.com. And yes, there was a story about the rising coronavirus case numbers -- down in the third level of headlines. The impression I got was that, if you really must know about the spread of the virus, they would tell you; but they weren't going to insist that you pay attention.

The image below was FoxNews.com Thursday morning. There are no stories about either the virus-case spikes or the Justice Department whistleblowers in the top two rows of headlines, or near the top of the two sidebars. The sidebar headlines you can't make out are "Iraq War vet on destroying statues: 'We don't solve problems via mob rule'", "Trump touts powerful alliance and relationship with Poland", "Dr. Nesheiwat: 'Exciting' experimental COVID vaccine proved 'robust immunity'", and "Ari Fleischer: 'We're having the summer of violence', you're seeing one-sided lawlessness".

In the main column, you had to go down to the 13th headline to find "L.A. mayor reveals 'troubling trend' after uptick in coronavirus cases". (I've noticed this since: If Fox does talk about the rising case numbers, it focuses on blue California rather than red Texas or purple Florida.) And your reward for going that far was a 2fer in the 14th story. You could vicariously indulge both your virus-denial and your racism by reading: "Arizona councilman chants 'I can't breathe' before ripping off face mask".

FoxNews.com Thursday morning

and Russia offering bounties to kill American troops

The New York Times broke the story Friday:

American intelligence officials have concluded that a Russian military intelligence unit secretly offered bounties to Taliban-linked militants for killing coalition forces in Afghanistan — including targeting American troops — amid the peace talks to end the long-running war there, according to officials briefed on the matter. ...

Islamist militants, or armed criminal elements closely associated with them, are believed to have collected some bounty money, the officials said. Twenty Americans were killed in combat in Afghanistan in 2019, but it was not clear which killings were under suspicion.

The intelligence finding was briefed to President Trump, and the White House’s National Security Council discussed the problem at an interagency meeting in late March, the officials said. Officials developed a menu of potential options — starting with making a diplomatic complaint to Moscow and a demand that it stop, along with an escalating series of sanctions and other possible responses, but the White House has yet to authorize any step, the officials said.

Several other news organizations have independently corroborated parts of this scoop. CNN was told a similar story by "a European intelligence official". ABC got it from "a military official", The Wall Street Journal from "people familiar with" a "classified American intelligence assessment", The Washington Post from "officials", and so on. So nobody is willing to identify a source, but it's pretty clear the NYT didn't just make this up; other news organizations looked for a source and found one.

The Post added this important detail: actual American deaths.

Russian bounties offered to Taliban-linked militants to kill coalition forces in Afghanistan are believed to have resulted in the deaths of several U.S. service members, according to intelligence gleaned from U.S. military interrogations of captured militants in recent months.

Trump and various other top officials spent the weekend using a Sergeant Schultz I-know-nothing defense. Sunday morning -- what took him so long? -- Trump tweeted:

Nobody briefed or told me, @VP Pence, or Chief of Staff @Mark Meadows about the so-called attacks on our troops in Afghanistan by Russians, as reported by an "anonymous source" by the fake-news @nytimes. Everybody is denying it and there have not been many attacks on us.

Marcy Wheeler points out that Mark Meadows wasn't Chief of Staff at the time, which "makes it clear that whoever wrote this tweet didn't actually refer to any records."

Director of National Intelligence John Ratcliffe tweeted:

I have confirmed that neither the President nor the Vice President were ever briefed on any intelligence alleged by the New York Times in its reporting yesterday.

Ratcliffe himself was took office at the end of May.

The Times insisted otherwise on Saturday:

But one American official had told The Times that the intelligence finding that the Russians had offered and paid bounties to Afghan militants and criminals had been briefed at the highest levels of the White House. Another said it was included in the President's Daily Brief.

John Bolton happened to be on Jake Tapper's Sunday show anyway to promote his book, so he got to comment:

The fact that the President feels compelled to tweet about the news story here shows that what his fundamental focus is, is not the security of our forces, but whether he looks like he wasn't paying attention. So he's saying well nobody told me therefore you can't blame me

CNN national security analyst Samantha Vinograd described this as "gross incompetence any way you cut it".

It would be disastrous not to get to the bottom of this. Either someone sat on this intelligence, or the President didn't pay attention, or he decided to do nothing about it. Worse than doing nothing, Trump has continued to carry water for Putin internationally: At the beginning of this month, Trump was still pushing to get Russia invited to the G7 meetings. And regardless of who knew what when, Trump has heard about it now. Is he going to once again take Putin's word over US intelligence and say it's not true? Is he going to do anything about it?

and Justice Department corruption

An appeals court ruled 2-1 that the judge must accept the Justice Department's decision to drop the Michael Flynn case, in spite of all the reasons to think that undue political influence was at work. So: obstruction of justice works.

In addition, Attorney General Barr got rid of the US attorney heading SDNY, which has been investigating several Trump-related cases. Rudy Giuliani is rumored to be under investigation, and the trial of his former friends Lev Parnas and Igor Fruman  is supposed to begin in February. Barr had previously gotten rid of the US attorney in DC, which is how Roger Stone's sentencing memorandum got rewritten.

Congress heard testimony from two Justice Department whistleblowers. Prosecutor  Aaron Zelinsky testified that "What I saw was that Roger Stone was being treated differently from every other defendant. ... This leniency was happening because of Stone's relationship with the president." And John Elias alleged political interference in antitrust cases.

and Biden's huge lead

Biden has held a lead over Trump in head-to-head national polls more-or-less from the beginning of this race, but those leads almost always came with two caveats:

  • It's way too early to take polls seriously.
  • Even if he wins the national popular vote by as much as 5%, he might still lose in the Electoral College.

But in recent weeks Biden's lead has extended to 9.4% in 538's polling average and 9.2% in Real Clear Politics' differently weighted average. The most recent NYT/Siena poll has him ahead of Trump 50%-36%. That's enough to put the Electoral College out of reach. 538's state-by-state analysis now has Florida as the "tipping point", the state that puts Biden over the top. He leads there by 7.4%.

In addition to the polls, there are anecdotes, like 2016 Republican presidential hopeful Carly Fiorina supporting Biden over Trump.

Democrats are constantly reminding each other not to be complacent, so I've been seeing references to Mike Dukakis' 17-point lead over George Bush in July of 1988, a race Bush ultimately won by nearly 8%. That's not a compelling parallel, though: Dukakis was relatively unknown compared to Biden, so his public image was easier to tar with negative ads. Also, Bush's approval had been near 90% during the First Gulf War, so most voters could at least remember a time when they thought he was a good president. Trump, conversely, has never had majority approval.

The real reason to maintain focus, though, is that Trump bound to try to cheat. His claim that mail-in ballots are inherently unreliable is false, but it justifies his followers in whatever shenanigans they can come up with. The bigger Biden's margin is, the harder it will be for fraud to take it away.


The failure of Trump's Tulsa rally made me think of the entertainment term "jump the shark". Trump is trying to run his old playbook in a different world, and when confronted with that fact he just tries to push it harder.

In 2016, the country was facing no immediate crises, so culture-war messaging and identity politics could carry the day for Trump. But in 2020, the world looks grim, and the public wants to know that the next president has some idea what to do about it. Trump clearly does not. Witness the word salad Sean Hannity evoked by asking the softball question: "What are your top priorities for a second term?"

As Yuval Levin put it in the quote at the top: Trump is the dog who caught the car, and all he knows to do now is keep running and barking.

and abortion

Just this morning, the Supreme Court blocked a Louisiana law that would have had the effect of closing every abortion clinic in the state. John Roberts crossed over to vote with the Court's four liberals.

Legally, the case should have been a slam-dunk, because a nearly identical Texas law was thrown out four years ago. The only thing that has changed since then is the composition of the Court, particularly Justice Kavanaugh replacing Justice Kennedy. So this should have been a 9-0 decision: Quote the precedent and move on.

This is the third recent victory for the Court's liberals, joining the LGBTQ-rights case and the DACA case.

This may sound paranoid, but I have the feeling John Roberts is setting up something awful in the remaining big case concerning Trump's taxes. Roberts has some control over the order in which decisions come out, and it would fit his pattern to buffer the pain of a horrible decision by releasing more popular decisions first.


Meanwhile an appeals court held that Trump's emergency seizure of otherwise allocated funds to build his border wall is invalid.

The panel held that the Executive Branch lacked independent constitutional authority to authorize the transfer of funds. The panel noted that the Appropriations Clause of the U.S. Constitution exclusively grants the power of the purse to Congress. The panel held that the transfer of funds violated the Appropriations Clause, and, therefore, was unlawful.

... The Federal Defendants cite drug trafficking statistics, but fail to address how the construction of additional physical barriers would further the interdiction of drugs. The Executive Branch’s failure to show, in concrete terms, that the public interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice’s own data points to a contrary conclusion.

and Trump's push to invalidate ObamaCare

The Justice Department has filed a brief in a case about ObamaCare that the Supreme Court will decide in its next term. It argues that the whole law is unconstitutional, and would have the immediate effect of throwing tens of millions of people off of their health insurance, as well as making tens of millions of other people worry about their pre-existing conditions.

Naturally, Trump claims these horrible outcomes would never really come to pass, because once ObamaCare has been tossed aside he will finally reveal the magic replacement plan he has been talking about for five years without revealing any details.

In his entire first term, we have seen no sign of the "beautiful" health plan that Trump promised would replace ObamaCare, the one that would "cover everybody" and leave nobody worse off financially.

By now it should be obvious that Trump never had a plan; he was just stringing words together. Republicans in general have no plan. That became obvious when they tried to "repeal and replace" ObamaCare in 2017. "Replace" was just a word that polled well; it meant nothing.

If Trump gets his wish and the Supreme Court invalidates ObamaCare, no fairy godmother will tap a pumpkin and turn it into a Republican healthcare plan. ObamaCare will just be gone and nothing will replace it until Democrats get back in power.

BTW: If you're a young person who has recovered from Covid-19, or who imagines that recovering from it would be no big deal: Decades from now, you would still have a pre-existing condition. Your insurance company might point to any subtle scarring on your lungs or other long-term organ damage as a reason not to cover whatever health problem you might have then.


Biden responded to Trump's attack on ObamaCare with a good speech on health care.

and DC statehood

The House voted to make Washington D. C. a state. The bill is expected to go nowhere in the Senate and Trump has promised to veto it.

This is a voter suppression issue. The District of Columbia has a population over 700K, which makes it bigger than Wyoming or Vermont, and not far behind Alaska and North Dakota. But DC is 49% black and only 44% white. It would be a reliably blue state with two Democratic senators and a congressperson. (Let's not even get into Puerto Rico, which would be the 31st-largest state, between Utah and Iowa. But, I mean, they're Puerto Ricans! Can't give them a say in how the national government is run.)

It doesn't take much interpretation to see that the Republican opponents are saying those people shouldn't be allowed to vote. Here's Mitch McConnell:

They plan to make the District of Columbia a state—that’d give them two new Democratic senators—Puerto Rico a state, that would give them two more new Democratic senators. […] So this is full bore socialism on the march in the House. And yeah, as long as I’m the majority leader of the Senate, none of that stuff is going anywhere.

Socialism on the march ... yeah, it must have been Karl Marx who described governments as "deriving their just powers from the consent of the governed".

And Tom Cotton:

Yes, Wyoming is smaller than Washington by population, but it has three times as many workers in mining, logging and construction, and ten times as many workers in manufacturing. In other words, Wyoming is a well-rounded working-class state.

So people in Wyoming work for a living, unlike all those bureaucrats and welfare mothers in DC. The WaPo's Karen Tumulty responds.

Wyoming is an interesting example. Nearly half of Wyoming’s territory is federal acreage — a much higher proportion than in the District (less than one-third). And among states, Wyoming ranks top in the nation when it comes to the percentage of its workforce employed by federal or local governments.

Which makes you wonder what, precisely, is the senator’s criterion for deeming a group of people “well-rounded.”

Cotton also raised the argument that the kind of people who live in DC are just not ready for self-government.

Would you trust Mayor Bowser to keep Washington safe if she were given the powers of a governor? Would you trust Marion Barry?

Why not just go ahead and use the N-word, Tom? You know you want to.

you also might be interested in ...


The New York Times does a great job of annotating video to show how police over-reaction in Seattle turned a peaceful demonstration into a violent encounter.


It looks like Mississippi is going to remove the Confederate stars-and-bars from the state flag.


#ByeIvanka is a bit harsh, but you have to wonder at the administration's decision to make her the face of skills-based hiring. The implication seems clear: The federal government is doing away with "outdated career or licensure requirements" so that it can hire more relatives of well-connected people.


I've written before about defunding the police: It makes sense to divert some large portion of local police-department budgets to fund other kinds of first-responders, who can answer 911 calls that don't require guns or handcuffs, like marital disputes or mental health problems. Those incidents might get handled better, and fewer people will wind up dead.

However, we need to watch out for a trap: The Covid-19 crisis and the ensuing economic collapse have made a shambles of local budgets; expenses are up and revenues are down. There's going to be pressure to cut across the board, including laying off teachers and not fixing potholes.

In this environment, the path of least resistance is to substantially cut the police budget, as protesters have been demanding, but not to fund any alternative first-responders. That scenario looks like the nightmare painted by right-wing critics of police defunding -- you call 911 and no one answers. When that turns out badly, as is bound to happen somewhere, it will be easy to convince the public that the defund-the-police approach has been tried and discredited.

and let's close with a marching tune

"March, March" from the trio formerly known as The Dixie Chicks. Here are the lyrics.

Monday, June 15, 2020

Causes and Effects

Hate and ignorance have not driven the history of racist ideas in America. Racist policies have driven the history of racist ideas in America.  ... Ignorance/hate → racist ideas → discrimination: this causal relationship is largely ahistorical. It has actually been the inverse relationship -- racial discrimination led to racist ideas which led to ignorance and hate.

- Ibram X. Kendi, Stamped from the Beginning

This week's featured post is "What's in a Slogan?"

This week everybody was still talking about policing

The featured post discusses the "Abolish the Police" slogan.

With the George Floyd protests still continuing, there's been a new police killing:

Rayshard Brooks, 27, was shot dead on Friday night after police were called to [a Wendy's in Atlanta] over reports that he had fallen asleep in the drive-through lane.

Apparently Brooks failed a sobriety test and struggled with police. He grabbed a police taser and was running away with it when a policeman opened fire. The NYT reconstructs the incident in detail from video.

In addition to the question of why it was necessary to shoot a man who was running away, the case illustrates some of the issues that abolish-the-police activists have been raising: Yes, falling asleep in a drive-through lane is a violation of public order. But why is sending people with guns the right response?


Demonstrations in the US have inspired anti-racism demonstrations overseas. Thousands of Germans formed a ribbon-connected "socially distant human chain" in Berlin on Sunday. And here's a quote that brings me shame: A German politician says the demonstrators have it wrong. "Germany is not the USA. We don't have a racism problem in the police." We're the nation other nations don't want to be compared to.


Charles Blow reviews the positive imagery we have seen since the death of George Floyd, images in which people of all colors and ethnicities seem united in their response to police brutality and racial injustice. But the police are not the cause of injustice, racial or otherwise. They are the enforcers of systemic injustices that continue.

This country has established a system of supreme inequity, with racial inequity being a primary form, and used the police to protect the wealth that the system generated for some and to control the outrages and outbursts of those opposed to it and oppressed by it.

It has used the police to make the hostile tranquil, to erase and remove from free society those who expressed sickness coming from a society which poisoned them with persecutions. ...

But just remember: These are not necessarily rogue officers. They are instruments of the system and manifestations of society.

They are violent to black people because America is violent to black people. They oppress because America oppresses.

The police didn’t give birth to American violence and inhumanity. America’s violence and inhumanity gave birth to them.

The point of books like The New Jim Crow and Slavery by Another Name is that systems for controlling black people and expropriating the value of their labor don't just morph from era to era, they morph cleverly. In Stamped from the Beginning, Ibram X. Kendi argues that new racist ideas don't bubble up from the ignorant masses, they are constructed by some of the most brilliant and educated minds of the time.

Any system of inequality requires justification and enforcement. If you have more than someone else or enjoy privileges they are denied, you crave an explanation that exonerates you from their resentment and protects your advantages. Some intelligent person will soon satisfy that craving with the justification and enforcement mechanism required. Like junkies determined to kick our current habit, we must be careful not to just shift to a new drug.

and the virus

Death totals continue to decline, while the number of new cases is at best flat and possibly increasing. The total number of US deaths is up to 117.9K, up from 112.6 last week.

The contrast between cases and deaths is even more pronounced in certain states. Texas, Arizona, North Carolina, Florida, and a few other states now have more proven new cases each day than ever before -- more than double in Arizona -- but they had more deaths per day in early May.

I can think of a few possible explanations:

  • Even though there's still no sure-fire treatment for Covid-19, doctors are getting better at keeping people alive long enough for their immune systems to beat the virus.
  • Maybe we're getting better at protecting the most vulnerable. Perhaps the new cases are mostly young otherwise-healthy people, so they're dying at a lower rate.
  • Because there was less testing in early May, maybe there were more infections then than anyone realized.

In any case, unless there's some breakthrough in treatment, this pattern can't go on forever. If cases keep increasing, eventually deaths will start increasing too.


In case you're wondering how to stay safe when your office reopens, Mike Pence has provided us with a great don't-do-this photo.

Thanks to Trump campaign staffers in Virginia, we can see all the major no-nos in one picture: enclosed spaces, large numbers of people in one room, and standing close to people not wearing masks.


Trump intends to give us another bad example: A big indoor rally in Tulsa on Saturday. Originally the rally was scheduled for Friday, which is Juneteenth, a holiday celebrating the end of slavery. Tulsa would be a particularly bad place to mark Juneteenth, given the Tulsa Race Riot of 1921, where whites burned a prosperous black neighborhood to the ground and killed hundreds of African Americans.

Eventually, Trump backed off of the Juneteenth date. Instead, the rally will happen on Saturday, with crowds packed together indoors and probably very few masks. But the Trump campaign has thought about this and taken precautions to protect itself:

“By clicking register below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present,” the disclaimer reads at the bottom of the ticket page on the Trump website. “By attending the Rally, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Donald J. Trump for President, Inc.; BOK Center; ASM Global; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury.”

and the Supreme Court

I haven't had time to read the decision or even digest the news stories, but CNN is reporting this:

Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday.

The landmark ruling will extend protections to millions of workers nationwide and is a defeat for the Trump administration, which argued that Title VII of the Civil Rights Act that bars discrimination based on sex did not extend to claims of gender identity and sexual orientation.

The 6-3 opinion was written by Justice Neil Gorsuch and joined by Chief Justice John Roberts and the court's four liberal justices.

Gorsuch is the shocker here. I don't know what to think.

and symbols of the Confederacy

160 years ago, the white aristocracy of 11 states led them into revolt to preserve their mastery over millions of enslaved Africans. That revolt led to a war in which more than 600,000 soldiers died. Today, those wealthy traitors are honored in numerous ways, such as flying their flag, honoring their statues, and immortalizing their names by attaching them to military bases, schools, and other civic institutions. Descendants of the enslaved people are constantly reminded of the slavers who expropriated their ancestors' labor, and of the continuing legacy of white supremacy.

You'd think that changing all this would be uncontroversial, but you'd be wrong. Still, one result of the wave of protests that followed George Floyd's murder has been a further erosion of the honors devoted to the Confederacy.

  • Protesters in Richmond toppled a statue of Jefferson Davis. Governor Northam announced that a statue of Robert E. Lee owned by the state will also be removed.
  • The mayor of Birmingham pledged to finish removing a statue of Confederate sailor Charles Linn that protesters attacked. Birmingham has tried to remove Confederate statues in the past, but the state legislature passed a law blocking the city. The mayor is daring the state to enforce its law.
  • NASCAR announced: "The display of the confederate flag will be prohibited from all NASCAR events and properties.” The policy came in response to a request from the racing circuit's only African American full-time driver, Bubba Wallace. NASCAR has requested that fans not bring Confederate flags since 2015, but some have continued to do so.
  • Wednesday, the Senate Armed Services Committee approved Elizabeth Warren's amendment to the National Defense Authorization Act. The amendment would give the Defense Department three years to rename the military bases that currently are named after Confederate officers. "The language, adopted by voice vote as President Donald Trump preemptively threatened to veto any defense bill that did just that, affects massive bases like Fort Bragg in North Carolina and Fort Benning in Georgia. But it also goes further and includes everything from ships to streets on Defense Department property."
  • Democrats in Congress have introduced a bill to remove statues of 11 Confederate generals and officials from the National Statuary Hall in the Capitol. Senate Majority Leader Mitch McConnell opposes the bill because the choice of statues belongs to the states. (Each state gets two.) Apparently no Georgian in history is a more appropriate choice than Alexander Hamilton Stephens, the Confederate Vice President who gave the famous Cornerstone speech: "Stephens said the Confederacy was founded 'upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition'.”

I'm sure I missed some recent developments. The pro-Confederate (i.e., Republican) responses to these proposals has generally been that liberals are trying to "take away our history", or that next we will have to remove monuments to all slave-owning or otherwise objectionable figures.

My answer to the "rewrite history" objection is that there's a difference between marking history and making heroes out of the defenders of slavery. If "history" is the point of monuments, then there ought to be a gigantic monument to General Sherman in Atlanta: He was one of the Civil War's greatest generals, and his victory in Atlanta was a decisive moment in the war. There isn't such a monument because Atlanta's white population hates Sherman for his role in burning the city. And yet, the South's black population is supposed to tolerate monuments to men who fought to keep their ancestors enslaved.

Andrew Egger answers the next-they'll-come-for-George-Washington objection.

There's a world of difference between purging monuments to anyone with a complicated history (FDR, Wilson, Jefferson) and purging monuments to those who are *only deemed historical* for acts we now correctly deem shameful. What did Nathan Bedford Forrest ever do for America?

If, say, Robert E. Lee had never fought to preserve slavery, would anyone remember him today? Thomas Jefferson wrote the Declaration of Independence. George Washington led the revolutionary forces and was a key figure in establishing a government that followed its constitution. But what accomplishment of Jefferson Davis is unrelated to slavery?


Vote Vets has this to say about military bases like Fort Bragg.

and Antifa

We're getting a lesson in just how far Trumpists are willing to go to justify his paranoid rants. The local news site Columbus Alive tells the wild story of how a busload of traveling street performers got "outed" by Columbus Police as Antifa provocateurs.

The police reported finding knives (kitchen knives), a hatchet (for the wood stove), and clubs (juggling clubs). The police social media post -- with a picture of the decorated bus -- got shared thousands of times, and the performers are now constantly being hassled by Trumpists who think they've found Antifa.


Another set of paranoid rants concerns the Capitol Hill Occupied Protest (formerly the Capitol Hill Autonomous Zone) in Seattle. It's a six-block area that has been taken over by protesters, and which state and local officials have decided to tolerate. Thursday, Trump tweeted this threat:

Radical Left Governor @JayInslee and the Mayor of Seattle are being taunted and played at a level that our great Country has never seen before. Take back your city NOW. If you don’t do it, I will. This is not a game. These ugly Anarchists must be stooped IMMEDIATELY. MOVE FAST!

Trump's propagandists have been working hard to demonize the CHOP ever since. The Seattle Times explains:

Fox News published digitally altered and misleading photos on stories about Seattle’s Capitol Hill Autonomous Zone (CHAZ) in what photojournalism experts called a clear violation of ethical standards for news organizations.

In one photo of a gateway to the CHOP, Fox digitally inserted an image of a guard armed with a military-style weapon. After the Times called them on it, Fox took down the faked image.

In addition, Fox’s site for a time on Friday ran a frightening image of a burning city, above a package of stories about Seattle’s protests, headlined “CRAZY TOWN.” The photo actually showed a scene from St. Paul, Minnesota, on May 30. That image also was later removed.


After Trump promoted the notion that the elderly man assaulted by Buffalo police was actually an Antifa provocateur, the Washington Post's Alexandra Petri assembled the warning signs that your grandparent is a secret Antifa agent. The most telling:

She belongs to a decentralized group with no leadership structure that claims to be discussing a “book,” but no one ever reads the book and all they seem to do is drink wine.

Is always talking on the phone with an “aunt” you have never actually met in person. Aunt TIFA????

Always walking into rooms and claiming not to know why he walked into the room. Likely.

Suddenly, for no reason, will appear or pretend to be asleep.

Remembers things from the past in incredible, exhausting detail, but recent ones only sporadically? Cover of some kind.

Antifa is everywhere and nowhere. (Well, mostly nowhere, but never mind.) We can't be too careful.

but we should pay more attention to the International Criminal Court

The US has long had a problem with the International Criminal Court in The Hague. US officials don't want to give the ICC jurisdiction to prosecute incidents that it might see as US war crimes in places like Afghanistan or Iraq.

The Trump administration has just escalated that conflict considerably.

President Donald Trump signed an executive order on Thursday sanctioning members of the International Criminal Court, the global judicial body investigating American troops for possible war crimes during the Afghanistan war.

The provocative move targets court staff involved in the probe, as well as their families, blocking them from accessing assets held in US financial institutions and from visiting America. Top members of the Trump administration — including Secretary of State Mike Pompeo and Defense Secretary Mark Esper — made the announcement with surprisingly forceful language to make their point.

“We cannot allow ICC officials and their families to come to the United States to shop, travel, and otherwise enjoy American freedoms as these same officials seek to prosecute the defenders of those very freedoms,” Pompeo, a former Army officer, told reporters without taking questions.

and the Flynn case

Remember where we are and how we got here: Trump's then-National-Security-Adviser, Michael Flynn, lied to the FBI about conversations he had with the Russian ambassador during the transition period. He pleaded guilty to that crime, but his sentencing was delayed until he had assisted the government in other cases.

Somewhere along the line, he stopped cooperating and moved to withdraw his guilty plea. Then the Justice Department tried to drop the indictment -- after the prosecutors who had been on the case from the beginning withdrew.

The Justice Department has total discretion about who it decides to prosecute, but once a case goes to court, withdrawing the indictment requires "consent of the court", i.e., of the judge. The judge in this case wasn't inclined to rubber-stamp either the Justice Department's motion or Flynn's motion to withdraw his guilty plea. (It is highly unusual to withdraw a guilty plea after the sentencing process has started.) So Judge Emmet Sullivan appointed a retired judge, John Gleeson, to argue why the charges should not be dismissed. That report is now in, and it is truly damning.

Gleeson argues that the Justice Department's explanations for wanting to dismiss the charges are just pretexts that are not credible. (For example, the Department now claims it doubts it can prove a charge that Flynn has already confessed to under oath.)

The reasons offered by the Government are so irregular, and so obviously pretextual, that they are deficient. Moreover, the facts surrounding the filing of the Government’s motion constitute clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump. ...

The Executive Branch had the unreviewable discretion to never charge Flynn with a crime because he is a friend and political ally of President Trump. President Trump today has the unreviewable authority to issue a pardon, thus ensuring that Flynn is no longer prosecuted and never punished for his crimes because he is a friend and political ally. But the instant the Executive Branch filed a criminal charge against Flynn, it forfeited the right to implicate this Court in the dismissal of that charge simply because Flynn is a friend and political ally of the President. Avoiding precisely that unseemly outcome is why Rule 48(a) requires “leave of court.”

Flynn and the Justice Department have tried to get an appeals court to intervene and prevent Judge Sullivan from looking into the Justice Department's motives. So far, it looks like the appeals court wants to see the lower-court process conclude before weighing in.


Flynn, meanwhile, published a head-scratching op-ed in The Western Journal on Thursday. His opening line says America is at a "seminal moment" that will "test every fiber of our nation’s soul". He then has several paragraphs about God and prayer and freedom, and denounces the "tyranny and treachery" that are "in our midst". But through it all he never says anything specific enough to allow me to figure out what he's talking about. Then he concludes:

As long as we accept God in the lifeblood of our nation, we will be OK. If we don’t, we will face a hellish existence. I vote we accept God.

Digby pronounces it "batshit crazy", and I can't really argue. If you can make any sense out of it, leave a comment.

and you also might be interested in ...

Trump gave his West Point graduation speech. It was a boiler-plate graduation speech: You're great; your school's great; your parents and teachers have done a great job; you'll go on to do great things. Why this had to happen in person during a pandemic is still mysterious.

A couple of odd motions during his West Point appearance started speculation about Trump's health.


The Atlantic's David Graham reports on how much money -- campaign money and tax money alike -- is being spent just to make Trump feel better about his situation. For example, the campaign has been running ads on cable news shows in the D.C. area. This makes no political sense, since D. C. and Maryland are not swing states, and the northern suburbs of Virginia (which probably isn't a swing state any more either) aren't where Trump needs to turn out his voters. Obviously, the campaign is running those ads so that Trump himself will see them, and feel like his campaign is out there defending him.


If, like me, you've lost track of all the places the US has troops, it turns out that the President is supposed to keep Congress informed about that. Here's the latest letter, sent Tuesday.

and let's close with a Confederate general worth commemorating

The founder of Dogpatch: Jubilation T. Cornpone. If you want to know his legend, listen to this number from the 1959 musical Li'l Abner.

Monday, June 8, 2020

Order and Conflict

The police are the armed guardians of the social order. The blacks are the chief domestic victims of the social order. A conflict of interest exists, therefore, between the blacks and the police.

-- Eldridge Cleaver, Soul on Ice (1968)

This week's featured posts are "This Week, Democratic Protest Outlasted Riot and Repression" and "How Should American Policing Change?".

This week everybody was talking about police and protest

The two featured posts are my attempt to cover that. I did want to add a response to those conservatives (like Tom Cotton) who think the presence of rioters is a reason to unleash the military on protesters:

Whenever there's another mass shooting, and suddenly 20 first-graders are dead at Sandy Hook, or 58 concert-goers in Las Vegas, or 49 night-clubbers in Orlando -- you tell us that nothing can be done about the weapons of mass killing the perpetrators use. All those people who use similar guns legally and responsibly, you say, have Second Amendment rights. We can't take their rights away just because a few criminals misuse them.

Now we see protesters by the hundreds of thousands across this country exercising their First Amendment rights legally and responsibly. But because a few criminals use those demonstrations as cover to destroy or steal property, you want the the military to take away the rights of the law-abiding majority, and perhaps to kill them if they won't cooperate.

We liberals sympathize with the property owners in the same way that you sympathize with the survivors of mass shootings. But there is an enormous hypocrisy in your position. If no drastic steps can be taken to solve the far more deadly problem of mass shootings, then surely they can't be taken now. We have a Constitution, and you can't pick and choose when to apply it.


While we're talking about Cotton, his screed prompted some soul-searching at the New York Times. How, the internal critics wondered, are The Times' readers edified by hearing window-breakers and looters described as an "insurrection" that requires a federal military intervention overruling local officials? Or that protesters (the vast majority of whom are nonviolently exercising their constitutional rights) should meet "an overwhelming show of force" that includes combat troops?

The official answer is that The Times' opinion pages should provide a window into the policy debate the country is having, and not just reflect the liberal worldview of The Times' editors or typical readers. But while that answer seems to make sense at first glance, two responses (picked out by James Fallows) call it into question.

Times columnist Michelle Goldberg notes that The Times has in the past provided space to enemies of liberal democracy like Vladimir Putin and Taliban leader Sirajuddin Haqqani, but that neither of them was "given space in this newspaper to advocate attacks on Americans during moments of national extremis." If The Times' opinion pages are attempting to define "the boundaries of legitimate debate", some points of view need to be kept outside the pale.

I could be wrong, but I don’t believe The Times would have published a defense of family separation by former Homeland Security Secretary Kirstjen Nielsen during the height of that atrocity, or a piece by the senior Trump aide Stephen Miller about the necessity of curbing nonwhite immigration. In both cases, I’m pretty sure the liberal inclination to hear all sides would have smacked up against sheer moral abhorrence.

But Fallows' second choice is even more insightful: David Roberts' charge that the NYT is promoting a false image of conservatism. The Times' conservative voices -- David Brooks, Ross Douthat, Bret Stephens and Bari Weiss -- are "alienated from the animating force in US conservatism, which is Trumpism." Publishing their words "might serve the purpose of challenging liberal thinking", but they don't expose Times readers to actual conservatism.

The signal feature of the 2016 election is that it settled the question of whether US conservatism — the actual movement, I mean, not the people in Washington think tanks who claim to be its spokespeople — is animated by a set of shared ideals and policies. It is not. ...

[A]nyone who is devoted to the conservative intellectual tradition, anyone who thinks of themselves as a conservative through devotion to small government and traditional morality, has had to peel off. There is no way to pretend that Trump represents that tradition; he himself does not even try. So how many of these “true” conservatives did there turn out to be? Almost none!

What unites conservatives today, he says, are resentments, not ideas.

Not everyone involved is driven by tribal resentment, not every Trump voter indulges in misogyny or racism, but every member of the current conservative coalition has decided that those things are acceptable, or at the very least, not disqualifying — less important than lower taxes or immigration crackdowns.

Even if they do not share Trump’s ignorant, hateful impulses, even if they do not endorse his careening, incompetent governance, even if they do not countenance the grotesque corruption of his family and his administration, they support the coalition that enables those things. They are supporting a tribe with a strongman leader, not a set of ideas.

There’s no argument for that, nothing to plausibly fill an editorial page.


I think Trump's total unfitness to be president requires Joe Biden to run a different kind of campaign. So many presidential roles are going unfilled that the country needs Biden to be a shadow president instead of a mere candidate. He does a pretty good job of that while discussing the George Floyd murder in this video.

I'd also like to see Biden start appointing a shadow government, so that his appointees could respond similarly when appropriate. Not just a vice president, but an attorney general, as well as secretaries of State, Defense, and Treasury.


We're in one of those weird moments where the big-corporation CEOs seem to be ahead of the conservative politicians who represent them.

I was fascinated to hear this CNBC interview with AT&T CEO Randall Stephenson. In particular the part where he stands broken-windows policing theory on its head.

There's a philosophy that Rudy Giuliani made prominent about "broken-windows policing". And what's the whole premise of this? You walk into a neighborhood and you see a lot of broken windows; it just sends a signal that we are tolerant of crime. And the question I have is: Do we have policies within law enforcement that send a signal that we are tolerant of discrimination?

And a classic example is racial profiling. If I were to use those kinds of policies within AT&T, I would rightly be terminated, fired, and probably sued. But we allow, we actually have systems, we have procedures that allow for racial profiling. And what does that say? That says -- just like broken windows -- we have a tolerance for racial discrimination in law enforcement.

and the virus

This week the total stands at 112.6K deaths, up from 106K last week. That increase of 6.6K compares to last week's 7K increase. So the number of new deaths is still headed downward, but seems to be leveling off.

The number of new cases has at best leveled off and might be increasing. As I've pointed out before, that's a battle between two trends: the sinking number of cases in the states hit early, like New York, and a rising number in states that were initially spared, like Texas.

All of that discussion happens before we see any effect of the crowds gathered to protest George Floyd's death. Incubation time of the virus is usually 1-2 weeks, and it often takes another week before a person notices symptoms, gets tested, and appears in the statistics.


An NYT editorial on reopening public schools does a better job summarizing the problems than suggesting solutions.


Trump's demand that his acceptance speech take place in a packed arena has sunk the plan to hold the Republican Convention in Charlotte. As you can see above, North Carolina is one of the states where the number of cases is on the rise, so Democratic Governor Roy Cooper was not willing to approve a big, contagion-spreading event. Florida is the leading contender to get the dubious prize of a thrown-together-at-the-last-minute convention, but speculation that Trump will hold it at one of his own properties seems off-base. Jacksonville is the current favorite, and a decision is needed soon.

and the jobs report

Unemployment went down in May, when many experts were expecting it to go up. It's still at 13.3%, or maybe 16.3%, depending on how you handle a tricky data problem.

People who are on temporary layoff are supposed to be classified as unemployed. For reasons that we're not really sure a lot of those people were, in fact, classified as employed.

But the same mistake happened last month, so the drop in unemployment seems real, even if the level is unclear.

and a few Republicans edge away from Trump

A number of military leaders criticized Trump this week, some in very stark terms. His former Secretary of Defense Jim Mattis wrote:

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. ... We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution.

Former Chief of Staff and Homeland Security Secretary John Kelly said he agreed with Mattis, and then added:

I think we need to look harder at who we elect. I think we should start, all of us, regardless of what our views are in politics, I think we should look at people that are running for office and put them through the filter. What is their character like? What are their ethics? Are they willing, if they're elected, to represent all of their constituents, not just the base, but all of their constituents?

Former Secretary of State Colin Powell:

We have a Constitution. And we have to follow that Constitution. And the president has drifted away from it. ... I think he has been not an effective president. He lies all the time. He began lying the day of inauguration, when we got into an argument about the size of the crowd that was there. People are writing books about his favorite thing of lying. And I don't think that's in our interest.

Senator Romney will not support Trump's re-election. Senator Murkowski described General Mattis' statement as "true and honest and necessary and overdue". But then she said she was "struggling" with whether to support Trump in the fall election. That's the fundamental Republican problem right now. It seems bizarre to think it's "overdue" for someone to say that Trump has "made a mockery of our Constitution", and yet to have any struggle at all about opposing him. Murkowski seemed to be saying that she knows what to think, and that many of her Republican colleagues think the same thing, but that she and they are still trying to gin up the courage to say publicly what they think and then act on it.

When I saw General Mattis' comments yesterday I felt like perhaps we are getting to a point where we can be more honest with the concerns that we might hold internally and have the courage of our own convictions to speak up.

I can't imagine admitting to that level of cowardice. But even that -- hinting that you have criticisms, but can't bring yourself to act on them -- is an act of relative courage among the current crop of GOP senators. Many of them seem to be edging up to a line, and then looking around to see if anyone else is crossing it.

In a PBS interview, Senator Thune of South Dakota hinted at criticism, but did not actually voice it: Peaceful protesters should be allowed to speak. The country needs a "healing voice" that is not coming from the White House. Ben Sasse of Nebraska said

there is a fundamental — a Constitutional — right to protest, and I’m against clearing out a peaceful protest for a photo op that treats the Word of God as a political prop.

But he doesn't go anywhere with that thinking.

Time is running out on them. If they let the election arrive without taking a clear stand, they might as well be gung-ho Trumpists. History won't care that they had an inner voice of conscience, if they never listened to it. They are not dissidents; they are collaborators.


The American people seem to be shifting, even if GOP senators are not. A CNN poll out today has Trump's approval rating dropping from 45% a month ago to 38% now. Biden's lead over Trump is 14%, the highest it has ever been, up from 7% last month.

and you also might be interested in ...

Rod Rosenstein testified at the show trial Lindsey Graham is running in the Senate Judiciary Committee. Rosenstein took a middle position that I'm sure satisfied no one. He defended the Mueller investigation, and the reasons for launching it. But he repeated the Bill Barr lie that Mueller proved their was no collusion between the Trump campaign and the Russians.

What Mueller actually said was that he could not prove there was a criminal conspiracy. One reason he couldn't prove it was summarized in Part II of his report: Trump obstructed justice.


Rep. Steve King, the white supremacist congressman from Iowa, lost the Republican primary Tuesday. Come January, he'll be out of Congress.


King's loss might make you think the Republican Party is returning to sanity, but that would be a mistake. In Oregon, a QAnon conspiracy theorist won the Republican primary for the Senate, and will challenge Jeff Merkley in the fall. In a field of four candidates, Jo Rae Perkins got 49% of the vote.

After the George Floyd protests started, she was live on Facebook for an hour and a half, which Right Wing Watch edited down to less than two minutes. In it, she prays:

Lord, these people have no sense of morality, of what is right and what is wrong, Lord God. Not the ones that are causing this mayhem, Lord God, this Antifa, Father God. Shut down George Soros, Lord God. End his reign of terror, Lord God. We know that he is funding this. Lord, we say. "Strip that money, strip that money strip that money." If there is a way, Father God, that President Trump’s administration can block him from being able to spend any more money, Lord God, then allow that to happen.

Of course, we have the usual right-wing-nut-job ravings about Antifa conspiracies funded by Soros' dirty Jewish money. But even beyond that, there's the pervasive hypocrisy about federal power. She spends a bunch of her 90 minutes talking about the principle of limited government and all the federal laws and projects she doesn't believe the Constitution allows. But Trump taking away Soros' money or tightly controlling how he can spend it -- that would be the answer to a prayer.

A constitutional republic for me, tyranny for thee. And remember: This is not just some crazy woman I picked off of Facebook. This is the Republican candidate for one of Oregon's two seats in the U. S. Senate.


Trump's scaremongering about Antifa has real consequences. A family who tried to go camping in rural Washington ran into a town anticipating Antifa "infiltrators". Fortunately, no one was hurt.

and let's close with something remastered

If you find it hard to listen to Trump, try letting Sarah Cooper provide the visuals.

Monday, June 1, 2020

Owning the Problem

Those who make peaceful revolution impossible will make violent revolution inevitable.

President John F. Kennedy (3-13-1962)

If you’re more upset by an athlete kneeling on a sports field than a police officer kneeling on a black man’s neck until he dies, then you are the problem.

- Brian Klaas

This week's featured post is "The Three Stories of George Floyd".

This week everybody was talking about George Floyd

The featured post is already too long, but a lot of stuff didn't get included.

A low point in a week of low points was Trump's tweets about the demonstrations around the White House and the Secret Service response. First, he just flat-out lied about D. C. Mayor Muriel E. Bowser (D) “who is always looking for money & help, wouldn’t let the D.C. Police get involved.” D. C. police did in fact protect the White House.

[The Secret Service] let the “protesters” scream & rant as much as they wanted, but whenever someone got too frisky or out of line, they would quickly come down on them, hard - didn’t know what hit them. The front line was replaced with fresh agents, like magic. Big crowd, professionally organized, but nobody came close to breaching the fence. If they had they would have been greeted with the most vicious dogs, and most ominous weapons, I have ever seen. That’s when people would have been really badly hurt, at least. Many Secret Service agents just waiting for action. “We put the young ones on the front line, sir, they love it, and good practice.”

You can just hear the glee in his imagining the protesters being "really badly hurt". I also sincerely doubt that the young Secret Service agents were chomping at the bit to go hurt protesters, the way Trump makes it sound.


Some of the pleas that black local officials made for peace and an end to the destruction were really moving. Here's Atlanta Mayor Keisha Lance Bottoms.


Trump's tweet that

The United States of America will be designating ANTIFA as a Terrorist Organization.

is based on nothing. Designating a terrorist organization is a legal act based on legislation. There is no legislation that covers domestic groups. His claim that Antifa is promoting the riots is also pretty much vacuous. It's possible, but Trump has presented no evidence, and he has a history of making Antifa into a general-purpose boogie man.

Finally, it's not even clear that Antifa is an organization. There are small local groups that use the label, and they share certain ideas and texts and tactics. (The main idea is that fascists are violent, and they need to be met with violence. The subtext is that the police cannot be trusted to protect progressives from fascists.) But it's not like there's a Pope of Antifa somewhere sending out orders. Talking about Antifa as an organization is like talking about jazz or yoga as an organization.

Remember: During World War II, Americans were all anti-fascists.


An amazing column in the Washington Post yesterday. A daughter from the family that owns Gandhi Mahal in Minneapolis reports overhearing her father's reaction to their restaurant burning down: “Let my building burn. Justice needs to be served. Put those officers in jail.”

The protests and the violence and the fires will stop once we’re rid of this system that oppresses, and maims, and kills people like George Floyd. So let it burn.


Somebody drove a truck through a bunch of protesters on a bridge in Minneapolis yesterday. The details are still vague.

and 100,000 Covid-19 deaths

Well, not everybody was talking about this death milestone. The President of the United States had nothing to say on the topic.

Joe Biden, on the other hand, said something very moving and appropriate. He posted a 2:21-minute video on Twitter in which he marked the 100,000th death and sympathized with those who have lost loved ones.

I can promise you from experience, the day will come when the memory of your loved one will bring a smile to your lips before it brings a tear to your eye.

The video is only briefly political, and does not mention the President's name.

It's made all the worse by knowing that this is a fateful milestone we should have never reached, that it could have been avoided. According to a study done by Columbia University, if the administration had acted just one week earlier to implement social distancing and do what it had to do, just one week sooner, as many as 36,000 of these deaths might have been averted.

Biden also does not center his message on himself. That "from experience" is the only allusion to his own losses, particularly his first wife and baby daughter dying in a traffic accident in 1972.


OK, so where are we: Currently at 106K deaths, up from 99K last week. The 7K increase is down from the 8K increase last week.


Desperate for a scapegoat, Trump ended US membership in the World Health Organization Friday.


The Supreme Court denied a California church's request to throw out the state's emergency rule that houses of worship only open at 25% of the ordinary building capacity. It was a 5-4 ruling with Justice Roberts siding with the Court's four liberals. Justice Kavanaugh wrote a dissent for himself and Justices Gorsuch and Thomas.

The established law in such cases was explained well by Vox' Ian Millhiser:

The general rule when a state is accused of abridging “religious liberty” is that churches and other religious institutions may be subjected to the same laws as everyone else, but they cannot be singled out for inferior treatment. Churches must comply with the fire code, follow most labor laws, obey the criminal law, and so forth. As the Supreme Court explained in Employment Division v. Smith (1990), people of faith must still obey “neutral” state laws of “general applicability.”

Roberts and Kavanaugh disagree about which secular institutions are comparable to a church. Roberts writes:

Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time.

Kavanaugh wants to clump churches with different kinds of institutions.

The basic constitutional problem is that comparable secular businesses are not subject to a 25% occupancy cap, including factories, offices, supermarkets, restaurants, retail stores, pharmacies, shopping malls, pet grooming shops, bookstores, florists, hair salons, and cannabis dispensaries.

You now know was much as I do, and you can make up your own mind, but I think Kavanaugh is just being ridiculous. A church resembles a movie theater much more than a pet grooming shop.

and Michael Flynn

Summaries and partial transcripts of the Flynn/Kislyak conversations have been released. These are the conversations that Flynn lied about to the FBI. And the transcripts make that lie crystal clear: He told the FBI he didn't discuss sanctions with the Russian ambassador, when he really did.

Marcy Wheeler (who writes the blog EmptyWheel) assesses:

They’re utterly damning. ... [F]rom the very start of this Administration, Flynn willingly set up the relationship with Russia such that Russia and Trump’s Administration were allied against Democrats — and anyone else who believed it was wrong for Russia to tamper in our election.

and Twitter

Tuesday, Twitter attached a fact-check warning to a Trump tweet that was full of misinformation about vote-by-mail. This was long overdue. In fact, if Twitter applied the same standards to Trump that it applies to everyone else, his account would have been closed long ago.

Trump's tweet was still there. He had not been censored in any way. But he claimed -- in a tweet -- that he had been.

Big Tech is doing everything in their very considerable power to CENSOR in advance of the 2020 Election. If that happens, we no longer have our freedom. I will never let it happen!

And he spread more threatening disinformation.

Republicans feel that Social Media Platforms totally silence conservatives voices. We will strongly regulate, or close them down, before we can ever allow this to happen.

As he so often does -- see the bit about Antifa above -- he's making threats based on powers he doesn't have.

But he attempted to follow through with an executive order that is itself full of misinformation. It talks about online platforms that "censor content and silence viewpoints that they dislike". (Again, his tweet is still there. He was fact-checked, not silenced.) And it calls on the FCC to "clarify" the laws that don't hold online platforms responsible for what users post there.

Lawfare comments:

The key language of Section 230—“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider”—leaves no ambiguity to enable FCC rulemaking or FCC action at all. Nor does language about good-faith removals limit this provision in any way. Rather, the statute simply lays out a standard for courts to review intermediary liability claims. Plus, even if the FCC could rewrite Section 230, that would not stop the Trump tweet fact-check—Twitter still enjoys First Amendment protection for what it says on its own platform. Regarding the FTC, the order wrongly interprets platforms’ merely aspirational guidelines on openness as mandatory promises; no one seriously believes that Twitter is totally neutral toward all content, no matter how horrible.

But the likelihood that the order won’t withstand judicial scrutiny misses the point. The threat of the order itself, even as wrong as it is, does exactly the damage Trump wants to do: It pressures companies into giving his content preferential treatment.


Facebook founder Mark Zuckerberg told Fox News that he disagreed with what Twitter was doing.

I believe strongly that Facebook shouldn't be the arbiter of truth of everything that people say online.

Two Australian satire sites then posted headlines with false info about Zuckerberg. The Shovel posted "Mark Zuckerberg -- dead at 36 -- Says Social Media Sites Should Not Fact-Check Posts". And The Chaser posted "Social media sites shouldn't fact-check posts" says child molester Mark Zuckerberg, then followed with "Child molesters sue The Chaser after being compared to Mark Zuckerberg".


Twitter did nothing about another Trump disinformation campaign.

In the annals of Trump's many scurrilous slanders, this one stands out: He keeps pushing a conspiracy theory that accuses MSNBC host and former Republican congressman Joe Scarborough of murder. A Scarborough congressional staffer, Lori Kaye Klausutis, died in the office 2001. She "died when she suffered a heart condition that caused her to fall and hit her head on a desk". Scarborough "was 800 miles away at the time and the police ruled her death an accident."

The woman's husband, Timothy Klausutis, wrote to Twitter CEO Jack Dorsey. He quoted three Trump tweets, and then made a request:

Please delete these tweets.

I’m a research engineer and not a lawyer, but I’ve reviewed all of Twitter’s rules and terms of service. The President’s tweet that suggests that Lori was murdered — without evidence (and contrary to the official autopsy) — is a violation of Twitter’s community rules and terms of service. An ordinary user like me would be banished from the platform for such a tweet but I am only asking that these tweets be removed.

... I’m asking you to intervene in this instance because the President of the United States has taken something that does not belong to him — the memory of my dead wife — and perverted it for perceived political gain. ... My wife deserves better.

But Twitter has not removed the tweets or banished Trump. When reporters asked Trump about the tweets Tuesday in the Rose Garden, he substituted his own imaginings about the family for the husband's expressed wishes:

I’m sure that, ultimately, they want to get to the bottom of it and it’s a very serious situation. As you know, there’s no statute of limitations. So, [reopening the investigation] would be a very good, very good thing to do.

As usual, Trump has no new evidence that challenges the conclusions of the original investigation. He's just stirring up trouble for Scarborough, who he views as an enemy. Tim Klausutis and the rest of the dead woman's family are just collateral damage.

A handful of Republicans in Congress have denounced this unscrupulous attack on one of their own, but the great majority have remained silent. There seems to be literally nothing Trump could do that would result in widespread criticism from his party, much less any substantive discipline.

The WaPo's Brian Klaas calls the intransigence of Trump cultists "the Fifth Avenue problem" and comments:

American democracy is badly broken if few people change their minds about a president who falsely accuses someone of murder or boasts about his TV ratings while 100,000 Americans lose their lives and nearly 40 million lose their jobs. And that says as much about the dysfunctional state of our country as it does about Trump.

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SpaceX successfully launched two astronauts into space and then docked their vehicle with the International Space Station.


The National Hockey League has a plan for going straight to playoffs and crowning a champion in early autumn: 24 teams would play in two hub cities. The cities, the dates, and the final decision about whether this will happen at all are still pending.


Some for-profit colleges run a scam where students are conned into maxxing out their student loans, but are left without the marketable credentials or skills the college's pitch promised. Fraudulent colleges find veterans particularly attractive because of their GI benefits.

The Obama administration made rules that forgave these student loans, but the Trump administration rolled those rules back. Congress passed a bill re-establishing the Obama rules, but Trump just vetoed it writing:

[The bill] sought to reimpose an Obama-era regulation that defined education fraud so broadly that it threatened to paralyze the nation’s system of higher education.

Unsurprising, I guess, that the founder of Trump University would have so much sympathy with education fraudsters.


Mitch Daniels was the Republican governor of Indiana before Mike Pence, and is now president of Purdue University in Lafayette, Indiana. Last Monday, he wrote an op-ed in the Washington Post about why Purdue will reopen its campus in the fall.

I have too much to say about this, which I hope to get to next week. The gist of his argument is that most Purdue students are young and young people mostly don't die from the virus, so "failing to reopen Purdue University this fall would be an unacceptable breach of duty".

In other words, he's using the magic of averages to make the victims of his policy -- older students, janitors, secretaries, professors -- go away. I can imagine a sound and anguished weighing of risks and benefits that concluded with opening Purdue. But this isn't it, and the president of an institution of higher learning should be ashamed to give his students such a shoddy example.


The Lincoln Project is a group of never-Trump Republicans who have been making anti-Trump TV ads. This week they branched out and started going after Mitch McConnell as well.

and let's close with something squirrely

Mark Rober apparently is something of a YouTube sensation, with 11.8 million subscribers, but I hadn't heard of him before this video. He started out trying to protect his bird feeder from squirrels, but as they foiled one device after another, he came to have first a grudging admiration for their persistence and athleticism, and then a real fascination with them. At 20 minutes, his "Building the Perfect Squirrel Proof Bird Feeder" video is longer than my usual closing, but well worth it.

And while we're talking squirrels, Christopher Moore's new novel Shakespeare for Squirrels is an amusing way to pass the time while sheltering at home. This is the third Moore novel to follow King Lear's former fool, Pocket of Dog Snogging upon Ouze. Pocket was introduced in Foole, which retold King Lear in a way that made Pocket the hero. He then moved on to The Serpent of Venice, and now shows up in the timeless Athens of A Midsummer Night's Dream.