Monday, September 28, 2020

Pursuing Happiness

When an ostrich buries its head in the sand as danger approaches, it very likely takes the happiest course.

- Charles S. Peirce, "The Fixation of Belief"
Popular Science Monthly (November, 1877)

This week's featured post is "Staying Sane in Anxious Times (without being useless)".

This week everybody was talking about the looming Trump coup

The most important article of the week was Barton Gellman's alarming "The Election That Could Break America". Together with Trump's repeated refusal to commit himself to a peaceful transfer of power -- something that has gone without saying in all previous administrations -- we face the possibility that a significant majority of the American people might try to remove Trump from office and fail.

Biden's current polling lead averages around 7.2%, which is sizeable and has been quite stable. But (as we saw in 2016), the Electoral College favors Trump, so Biden's margin is smaller -- 4.5% -- in 538's current tipping-point state of Pennsylvania.

Imagine that Trump's voter-suppression tactics knock that margin down further, and that Trump's people (who believe his claims that Covid-19 is not a big deal) are more likely that Biden's to vote in person on election day. So on election night, Trump appears to be leading, but the lead shrinks as more and more mail-in ballots are counted.

Now Trump's bogus drumbeat about mail-in voting fraud comes into play, and he charges that he has actually won, but fraudulent votes are being manufactured to steal his victory. Like most of what Trump says, this is bullshit, but it gives cover for Pennsylvania's gerrymandered-into-power Republican legislature to exercise a long-dormant constitutional power to ignore the vote count and name its own slate of Trump-supporting electors.

Something similar happens in Ohio and Arizona and North Carolina and Florida, which represent enough electoral votes to put Trump over the top. Disputes about this percolate through Congress, and nobody is sure what happens then.

The bigger Biden's national margin, and the more states that he appears likely to win if all votes are counted, the farther-fetched all this gets. But it's scary to realize that it is not an impossible scenario.

If that does start to play out, the difference may come down to Belarus-style demonstrators in the streets in Harrisburg or Columbus or outside the White House or wherever the bad stuff seems to be centered. Think about what you're prepared to do and where you're prepared to do it, and check websites like Choose Democracy for suggestions.

But above all, don't freeze. Pushing Biden to a sizeable legitimate margin is the first line of defense against the Trump coup.


Republicans pushed back gently and uncertainly against Trump's threats to democracy. Lindsey Graham:

Now, we may have litigation about who won the election, but the court will decide and if the Republicans lose, we will accept that result. But we need a full court

That's still a long way from "Let the voters decide", as Garrett Graff observes:

What Republicans are really saying here is they'll support a peaceful transition to Biden *if* their outright voter suppression, hostile efforts to curtail the ability of people to vote at all, AND court packing to influence election disputes all fail.


Here's how determined Florida Republicans are to suppress the vote:

Florida's attorney general has requested that the FBI and the Florida Department of Law Enforcement investigate Michael Bloomberg's efforts to reinstate the voting rights of felons by paying their fees, according to a letter to the agencies provided to CNN by the attorney general's office.

Florida voters thought they had reinstated the voting rights of felons who had served their time (except for murderers and sex offenders) when they overwhelmingly passed Constitutional Amendment 4 in 2018. But immediately the legislature added the provision that all fines and court costs needed to be paid as well. Many of the felons are poor, so the extra requirement amounts to a poll tax: If you can't pay, you can't vote.

It is also difficult for felons to determine what they owe. The Florida Division of Elections web site says:

If a person is still unsure about fines, fees, costs, and restitution, and the impact upon restoration of voting rights, the person can ask for an advisory opinion from the Florida Division of Elections. Please review section 106.23(2), Florida Statutes, and Florida Administrative Code Rule 1S-2.010 for how to ask for an advisory opinion and what information is required.

So Bloomberg and others have stepped in to clear the ledger. That's the effort the Florida AG wants to investigate.


If things are going well for Trump, why is the campaign mastermind behind the Tulsa rally threatening to kill himself?

and his (lack of) taxes

This week's Trump exposé:

The New York Times has obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office.

What do those records show?

Donald J. Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750.

He had paid no income taxes at all in 10 of the previous 15 years — largely because he reported losing much more money than he made.

... The picture that perhaps emerges most starkly from the mountain of figures and tax schedules prepared by Mr. Trump’s accountants is of a businessman-president in a tightening financial vise.

Most of Mr. Trump’s core enterprises — from his constellation of golf courses to his conservative-magnet hotel in Washington — report losing millions, if not tens of millions, of dollars year after year.

Revenue from "The Apprentice" cancelled out a lot of his business losses, but that money is drying up. Meanwhile, $300 million in loans are coming due in the next few years, and the IRS has challenged a $72.9 million tax refund he claimed many years ago.

This all came out yesterday, so I'm only seeing snap reactions. Chris Hayes:

Some people I’m seeing comment on this are vastly overestimating how “normal for a rich guy” these taxes are. Mitt Romney’s taxes were “normal for a super rich guy.” These are not.

Romney released returns showing he paid

$1.9 million in taxes on $13.69 million in income in 2011, most of it from his investments, for an effective rate of 14.1 percent

You may well have paid more than 14.1%, but $1.9 million is still way more than $750 or zero.

James Fallows:

With near-zero tax payments, either (a) he’s lying about being a business success, or (b) he’s lying to the IRS about his losses. Take your pick.

My own snap reaction to Trump's precarious finances: If he can hold on to the presidency, he has nothing to worry about. Vladimir Putin is worth plenty of money, and so is MBS. I'm sure they'd be more than willing to prop up a President of the United States.

If he loses the election, though, he might have a problem. That (along with the possibility of going to jail) might be why he refuses to promise a peaceful transfer.

and Amy Coney Barrett

As was widely predicted, here and elsewhere, Trump has nominated Judge Amy Comey Barrett to rise from the Seventh Court of Appeals to the Supreme Court.

She has been on the short list for previous Supreme Court appointments, so all the major court-watching organizations have their points and counterpoints well prepared. Basically, she is the most religiously radical of the Trump nominees. She's not just Catholic -- like five current justices -- she belongs to People of Praise, an inter-denominational group that was one of the inspirations for Margaret Atwood's The Handmaid's Tale.

The group believes in prophecy, speaking in tongues and divine healings, staples of Pentecostal churches that some Catholics have also adopted in a movement called charismatic renewal. The People of Praise was an early leader in the flowering of that movement in North America. It is ecumenical, but about 90 percent of its members are Catholic.

... Some former members criticize the group for deviating from Catholic doctrine, which does not teach “male headship,” in contrast to some evangelical churches. The personal advisers can be too controlling, the critics say; they may betray confidences, and too often they supplant the role of priest.

Mr. Lent [a PoP leader] said the group’s system of heads and handmaids promotes “brotherhood,” not male dominance. He said the group recently dropped the term “handmaid” in favor of “woman leader.”

“We follow the New Testament pattern of asking men to take on some spiritual responsibility for their families,” he said.

Conservatives are already gearing up their charges of "anti-Catholic bigotry", but so far there is no substance behind those claims. Literally no one is attacking Barrett for being Catholic.

E. J. Dionne notes the double standard:

It wasn’t the American Civil Liberties Union or some other bastion of liberalism that questioned Joe Biden’s Catholic faith. No, it was a speaker at this year’s GOP convention, former Notre Dame football coach Lou Holtz, who called Biden a Catholic “in name only” because of Biden’s support for abortion rights. A conservative group called CatholicVote is spending $9.7 million in Michigan, Pennsylvania and other battleground states attacking the devout Biden as an “existential threat” to the church.

And Trump himself rather astonishingly declared that Biden would “hurt God,” and “hurt the Bible,” too. I didn’t hear Pence say anything about Trump’s “intolerance” toward Biden’s faith.

Josh Marshall:

I don’t know a lot about Amy Coney Barrett. But I know she’s accepting nomination from a President actively trying to subvert a national election and threatening to hold on to power by force, an attack on the constitution unparalleled in American history. Do I need to know more?

BTW, I don't think it's "bigotry" even if someone suggests that the Court doesn't need a sixth Catholic. Maybe we could have just a bit of religious diversity, beyond the two Jews and one Episcopalian in the current non-Catholic minority.

If you really want to see religious bigotry, suggest putting an atheist on the Court. Or a Muslim, or a Hindu.

and the lack of Breonna Taylor charges

Wednesday, Kentucky Attorney General Daniel Cameron announced the findings of the grand jury in the police shooting of Breonna Taylor in her Louisville apartment on March 13. None of the three police officers were charged with offenses related to Taylor's death, though one was charged with reckless endangerment because his bullets penetrated a neighboring apartment. (The NYT summarizes the officer's action: He "fired into the sliding glass patio door and window of Ms. Taylor’s apartment, both of which were covered with blinds, in violation of a department policy that requires officers to have a line of sight.")

Cameron recounts events one way. Georgetown law professor Paul Butler tells the same story differently in a Washington Post op-ed "I am a former prosecutor. The charge in Breonna Taylor's death is pathetically weak." Butler asserts that all three officers should have been charged with manslaughter.

The two accounts agree on certain facts: Breonna Taylor was not a suspect in any crime, but police believed her ex-boyfriend was using her apartment to receive packages that could be drugs. They obtained a search warrant and broke down the door. Taylor's current boyfriend Kenneth Walker fired once and wounded the first officer through the door. The three officers shot 30 rounds; none hit Walker, but six hit Taylor. There is no body-camera video from any of the three officers.

Police claim they knocked repeatedly and announced themselves as police before breaking down the door. Walker reported being awakened by knocking, but says he believed he was shooting at home invaders, not police with a legitimate warrant. (Walker called 911 and said, "I don't know what's happening. Somebody kicked in the door and shot my girlfriend.") Butler adds this detail:

We know the officers continued to fire long after any threat ceased. A neighbor called 911 to report gunfire, and 68 seconds into the call, you can still hear the shots.

Cameron mentioned the lack of bodycam video, but only as a challenge for investigators to overcome, not as a suspicious detail to interpret against the police. One of the officers who fired was photographed wearing a body-cam holder on his vest. VICE News says: "This contradicts statements by the Louisville Metro Police Department that the officers involved, who work narcotics, do not wear body cameras."

and the third wave of the virus

The first wave of the virus was centered in the Northeast during March and April. The second wave hit the South and West in June and July. The third wave is attacking the Midwest. The highest per-100K-people new-case rates are in the Dakotas and Wisconsin.

Nationally, the daily new-case rate bottomed out at around 35K two weeks ago, and has risen to 45K. Death rates run 2-3 weeks behind, so we should start seeing an increase there soon.


Governor DeSantis has ended all Covid-19 restrictions in Florida, including placing barriers in the way of local governments having their own restrictions. Bars, movie theaters, sporting events -- it's all fair game now.

Florida's new-case numbers have flattened out at just under 3,000 a day, and deaths are averaging about 100 per day, with 203 reported on Wednesday. The CDC guidance back in April recommended two weeks of declining numbers before any move to relax restrictions.


More turmoil at the CDC. A week ago Friday it published new guidance about how Covid-19 spreads, saying that virus-carrying aerosol droplets can hang in the air and carry further than the previously recognized six feet. Last Monday it withdrew that guidance.

The CDC said that a draft version of proposed changes had been posted in error. The agency said it was updating information about airborne transmission of covid-19 and would post the new information once the review was completed.

The NYT adds this:

Experts with knowledge of the incident said on Monday that the latest reversal appeared to be a genuine mistake in the agency’s scientific review process, rather than the result of political meddling. Officials said the agency would soon publish revised guidance.

It is a sad fact of the Trump Era that we even need to consider the possibility of political meddling with CDC announcements.

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You may not have noticed, but Trump signed his long-promised executive order on healthcare. Presidents who can't even unite their own party in Congress can do very little, so this does very little. It is essentially a long list of intentions, without any funding or programmatic change to back them up. Example:

It has been and will continue to be the policy of the United States to give Americans seeking healthcare more choice, lower costs, and better care and to ensure that Americans with pre-existing conditions can obtain the insurance of their choice at affordable rates.

Who's going to provide that insurance and how it will be paid for is not spelled out. It might as well be the policy of the United States to give all American children a pony.


Trump's executive orders banning anti-racism training in both government agencies and government contractors speak volumes. Being openly racist isn't acceptable in most of America, but Trump is anti-anti-racist, just like he's anti-anti-fascist.


A big part of Biden's electability case during the primaries was that he could draw votes from disaffected Republicans. We won't know for sure until the election, but he is drawing a considerable number of Republican endorsements -- most recently from former Pennsylvania Governor and DHS Secretary Tom Ridge, and from John McCain's widow. Ridge says this:

Pennsylvania voters, along with voters in Michigan, Wisconsin, and Florida, are likely to ultimately determine the next president. So much is at stake. For me, voting is not just a privilege, but a responsibility. And this year, I believe the responsible vote is for Joe Biden. It’s a vote for decency. A vote for the rule of law. And a vote for honest and earnest leadership. It’s time to put country over party. It’s time to dismiss Donald Trump.

and let's close with something cute

I've had cute-puppy weeks, so I guess it's time for a cute-kitten week. Here's a kitten who is clearly the reincarnation of a blissed-out yoga master. Meditate on that.

Monday, September 21, 2020

Evidence and Science

The evidence and the science show that Donald Trump has badly damaged the U.S. and its people — because he rejects evidence and science.

- "Scientific American Endorses Joe Biden"

This week's featured post is "The Illegitimacy of a Conservative Supreme Court".

This week everybody was talking about Justice Ginsburg

Ruth Bader Ginsburg died Friday at the age of 87.


Anyone who reads the major Supreme Court decisions, as I have been doing since I started this blog, develops opinions about the thinking abilities and writing styles of the justices. Justice Kennedy, for example, used to drive me nuts, even when I agreed with what he had decided. The reason so many gay-rights cases had to go all the way to the Supreme Court was that Kennedy's majority opinions -- despite their marvelous rhetorical flourishes -- never got around to stating clear principles that lower-court judges could confidently apply to future cases. Invariably, two appeals courts would apply his decision in two different ways, and only new Supreme Court ruling could straighten the situation out.

Chief Justice Roberts can do good law when he wants to, but often he has some other agenda. His opinion striking down the heart of the Voting Rights Act mainly rested on the notion that "things have changed" since the original version of the Act was passed -- a political point some conservative senator should have made during the vote to reauthorize the Act, but not a legal principle that should have influenced the Court. Justice Alito I have no respect for at all; in every case I have read, he wants a certain outcome and will say whatever is needed to get there.

Ginsburg's opinions, though, have consistently been my favorites. Beyond the fact that I have generally agreed with her in principle, I never came away from a Ginsburg opinion wondering what it really meant or how she arrived at that conclusion. She always defined her terms clearly, and recounted the precedents that had shaped their meanings through time. She rooted her statements in facts rather than rhetoric. Some of her best opinions have been dissents. I greatly appreciated her demolition of Alito's Hobby Lobby decision and Roberts' VRA decision. Those are both sterling examples of how a legal mind should work.


I can tell I'm hurting when I start generating fantasy-novel alternative histories. Why couldn't some billionaire have whisked Ginsburg away to his private island for some hush-hush new "treatment", then covered up her death until January?

and what comes next

Yes, we all remember Mitch McConnell refusing to give Obama's Supreme Court nominee Merrick Garland a hearing because an election was coming up. Garland was nominated in March, 2016, and there was plenty of time to consider his nomination, but McConnell wanted to steal the seat for the next president.

Even at the time, no one really believed McConnell was standing on principle, and now it is clear that he was not. He has already said that the Senate will vote on a Trump nominee. Two Republican senators -- Murkowski and Collins -- have said the vote should not be held, but McConnell can afford to lose one more, and he probably won't.

Trump has promised a nominee soon and says it will be a woman. (Remember how he criticized Joe Biden for restricting his VP candidates to women?) Probably that means Amy Coney Barrett. Having talked (in the featured post) about the pointlessness of speculation, I'll make a prediction: Republicans have the votes and have no shame, so they'll get it done. Probably they'll do the hearings before the election, and hold the vote during the lame duck session. That will allow Susan Collins to wring her hands during the campaign, but fall into line for the vote.

Some are speculating that this helps Trump, but I don't see it. The issues facing the Court, especially abortion rights, are ones where the public agrees more with Biden.

and Trump undermining his own government

A series of government experts said sensible things, only to have Trump contradict them.

CDC chief Robert Redfield told a Senate hearing:

I think there will be vaccine that will initially be available some time between November and December, but very limited supply, and it will have to be prioritized. If you're asking me when is it going to be generally available to the American public so we can begin to take advantage of vaccine to get back to our regular life, I think we're probably looking at late second quarter, third quarter 2021.

He also said that face masks are "the most important, powerful public health tool we have".

Trump said Redfield was "confused", because of course Trump knows more about vaccines than the head of the CDC.


Apparently the CDC is not in charge of its own website, and White House political appointees can publish things in the CDC's name.

A heavily criticized recommendation from the Centers for Disease Control and Prevention last month about who should be tested for the coronavirus was not written by C.D.C. scientists and was posted to the agency’s website despite their serious objections, according to several people familiar with the matter as well as internal documents obtained by The New York Times.

... Similarly, a document, arguing for “the importance of reopening schools,” was also dropped into the C.D.C. website by the Department of Health and Human Services in July and is sharply out of step with the C.D.C.’s usual neutral and scientific tone, the officials said.

The information comes mere days after revelations that political appointees at H.H.S. meddled with the C.D.C.’s vaunted weekly reports on scientific research.


FBI Director Christopher Wray testified to Congress that Antifa -- which Trump and conservative media has turned into a boogy-man responsible for all kinds of nefarious and violent activity -- is "not a group or an organization. It’s a movement or an ideology."

Trump immediately had to contradict him, because he knows more about Antifa than the FBI:

And I look at them as a bunch of well funded ANARCHISTS & THUGS who are protected because the Comey/Mueller inspired FBI is simply unable, or unwilling, to find their funding source, and allows them to get away with “murder”.

I'm not sure what "murder" is supposed to mean, and I'm always mystified by the "well-funded" part of the conspiracy theory. What does Antifa do that requires money?

and Republicans turning on Trump (sort of)

It's hard to know what to make of the NYT op-ed "What's At Stake in This Election? The American Democratic Experiment" written by Trump's former Director of National lntelligence Dan Coats.

His main premise is certainly valid: For our system of government to work, the American people need to believe that the elections they vote in are legitimate.

Our democracy’s enemies, foreign and domestic, want us to concede in advance that our voting systems are faulty or fraudulent; that sinister conspiracies have distorted the political will of the people; that our public discourse has been perverted by the news media and social networks riddled with prejudice, lies and ill will; that judicial institutions, law enforcement and even national security have been twisted, misused and misdirected to create anxiety and conflict, not justice and social peace.

If those are the results of this tumultuous election year, we are lost, no matter which candidate wins. No American, and certainly no American leader, should want such an outcome.

But his bipartisan view-from-nowhere loses credibility when he can't state the obvious: The current American leader does want such an outcome. Trailing badly in the polls, Trump works tirelessly to sow doubt about the possibility of a fair election. Without offering evidence of any kind, he proclaims that if he loses, the election is a fraud. He claims mail-in voting can't be trusted, despite the fact that it has been used for years in states as politically different as Oregon and Utah, without any of the problems Trump predicts. Avoiding the mail by using drop-boxes, Trump says, is also a "voter security disaster". He warns that the election won't be decided "until two months later", during which time "lots of things will happen".

In every case, Trump offers no solution other than "Don't do it." Don't vote by mail. Don't use a dropbox. Don't vote early. Don't open more polling stations. Don't appropriate money to help election officials in any way. Just don't do it. If you're afraid to wait in a long line on Election Day, don't vote.

Whenever he has been asked for evidence to support his wild claims, he has failed to produce any. Early in his administration, he assembled a commission for the sole purpose of proving that he didn't really lose the popular vote to Hillary Clinton in 2016. The commission disbanded without issuing a report, having found nothing to back up Trump's charge that 3-5 million fraudulent votes -- or any significant number of fraudulent votes -- were cast.

Coats' call for Congress to establish a "supremely high-level bipartisan and nonpartisan commission to oversee the election" will go nowhere, because establishing it will become a partisan issue. Even if it could be established, Trump would denounce it too as soon as it blessed the legitimacy of an election he lost. The "supremely bipartisan and nonpartisan commission" would be just another manifestation of the Deep State.

The root of Coats' vision -- members of both parties coming together to save American democracy -- is already flawed. Democrats are for democracy and Republicans are not; that's where we've gotten to. If Coats wants to save democracy, he needs to support Biden. Nothing short of that will make the slightest difference.


Olivia Troye, who worked as homeland security, counterterrorism and coronavirus adviser to Vice President Pence for two years, has made a video for Republican Voters Against Trump.

https://www.youtube.com/watch?v=zyzo4n3oE5Y

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Scientific publications that usually stay out of national politics feel like they have to weigh in. Science has an editorial "Trump Lied About Science".

Over the years, this page has commented on the scientific foibles of U.S. presidents. Inadequate action on climate change and environmental degradation during both Republican and Democratic administrations have been criticized frequently. Editorials have bemoaned endorsements by presidents on teaching intelligent design, creationism, and other antiscience in public schools. These matters are still important. But now, a U.S. president has deliberately lied about science in a way that was imminently dangerous to human health and directly led to widespread deaths of Americans.

This may be the most shameful moment in the history of U.S. science policy.

And Scientific American endorsed a presidential candidate for the first time in its 175-year history.

The evidence and the science show that Donald Trump has badly damaged the U.S. and its people—because he rejects evidence and science. The most devastating example is his dishonest and inept response to the COVID-19 pandemic, which cost more than 190,000 Americans their lives by the middle of September. He has also attacked environmental protections, medical care, and the researchers and public science agencies that help this country prepare for its greatest challenges. That is why we urge you to vote for Joe Biden, who is offering fact-based plans to protect our health, our economy and the environment.


Bill Barr's Department of Trump is once again following the Leader's instructions: It has opened a criminal investigation of John Bolton for blaspheming against the Leader in his book The Room Where It Happened.

Since Trump blasphemy is not yet in the legal code, the purported charge a grand jury has been impaneled to investigate is revealing classified information. The basic facts are well understood: Bolton submitted his manuscript for government review, and was told by the reviewer that his edits had satisfied her objections. But when an official OK was slow to materialize, Bolton published anyway. The administration sued to stop distribution of the book and lost.

The basis of the dispute is why the OK never came. The administration claims the manuscript still contained classified information; Bolton says Trump wanted to delay publication until after the election.

In general, classified-information cases are difficult for the public to judge. (Example: the Clinton email investigation.) If Bolton really has revealed classified information, the government can't just point to a line in the book and say: "There", because that announcement in itself would violate security. (When I was being taught about classification in my old job, the instructor told us about an article in Aviation Week that gave the specs of a new aircraft. Someone who had inside knowledge of the program had gone through the article with a highlighter, picking out the classified information. Those highlights made that copy of the article a classified document, despite the fact that the underlying article had already been published. The specs were just a rumor until the insider's highlights verified them. It's a little like the stoning scene in Monty Python's Life of Brian, where the prosecutor gets stoned for repeating what the blasphemer said.)

And from the outside, it's often hard to tell whether a fact is classified or not. Publishing the nuclear codes would be obvious, but there also might be good reasons why the government doesn't want some apparently innocuous detail to get out, like that a particular official was in a certain city on a certain day.

On the other hand, Trump has made ridiculous claims about classified information in the past, and in particular with regard to Bolton and his book.

I will consider every conversation with me, as president, highly classified. So that would mean that if he wrote a book and if the book gets out, he's broken the law. And I would think that he would have criminal problems. I hope so.

With all those caveats in mind, this investigation looks bad. It has all the appearances of using the Justice Department to persecute a political enemy, and to intimidate any Trump insiders who might turn against the Leader in the future.


Another credible sexual assault charge against Trump. Every week seems to have new revelations. I think people realize we're at a speak-now-or-forever-hold-your-peace point with Trump. In 2016, you could imagine that he would lose anyway, so your story didn't need to reach the public. This year, with the possible end of democracy staring us in the face, those people are coming forward.


It looks like TikTok will continue to operate in the US. Trump has indicated acceptance of a deal in which a new US-centered TikTok Global will be owned 80% by the Chinese company ByteDance (the previous owner of TikTok) and 20% by an Oracle/Walmart consortium.

Wired comments:

From the beginning, Trump’s strategy for TikTok, like so many things, was messy and incoherent. For weeks, the president said that only selling the app to an American company would alleviate national security concerns. Now, the deal with Oracle is being described as merely a “partnership,” which caused Republican lawmakers to call for its rejection.

... All along, the administration has failed to provide evidence that TikTok, which employs over 1,000 people in the United States, was doing anything particularly nefarious. The company, as well as outside security researchers, have said TikTok’s data collection practices are in line with those of similar domestic social media platforms. “Here we are banging on the table that we are the ones who have rule of law,” says Jason Healey, a senior research scholar at Columbia University specializing in cyber conflict. “Then where is the evidence?”

Maybe there are real national security issues and maybe this arrangement solves them. Or maybe Trump is doing some kind of shakedown. I wish we had a president I could trust.

There is some confused rumbling about Oracle/Walmart contributing $5 billion to an education fund, which may or may not be the "1776 Project" Trump wants to indoctrinate American schoolchildren with "patriotic education". Or maybe the project and the money alike are part of Trump's alternative reality.


You know which corporate giant is pledging to "achieve zero emissions across our global operations by 2040 ... without relying on carbon offsets"? Walmart.

Whenever you hear an announcement like this, you always have to wonder how seriously to take it. Corporations have a way of doing whatever they were going to do anyway and calling it "green". But even though I don't trust Walmart, I do trust Vox' environmental writer David Roberts, who tweets:

Wal-Mart is not The Libs. It's not doing something this big to virtue signal or appeal to a particular upscale market niche (those are just gravy). It's doing this because it's going to save a shitload of money.

Maybe that's where we are now: solar-paneling your big flat roof, fleets of electric vehicles, and so on -- maybe that's just good cost management.


The Big Ten has reversed itself and is now planning to start its football season on October 23.

and let's close with something rewarding

The Daily Show announces the first (and hopefully only) Pandemmy Awards "celebrating the most breathtaking achievements of this pandemic season". You can still vote for the winners, who will be announced on tonight's show.

Monday, September 14, 2020

Blood, Sweat, and Miracles

I have nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the most grievous kind. We have before us many, many long months of struggle and of suffering.

- Winston Churchill

It's going to disappear. One day it's like a miracle, it will disappear.

- Donald Trump

There is no featured post this week.

This week everybody was talking about the wildfires in the West

The fires are still being battled in California, Oregon, and other western states. I'm not going to try to cover the breaking news: Here's CNN's latest.

Even in a year with so many signs of the Apocalypse that we joke about it, the smoke-filled orange skies of San Francisco stand out. The local ABC TV station shot a drone video at 10 a.m. on Wednesday.

This shot of the Golden Gate Bridge was taken about an hour later.

Air quality measures in parts of Oregon and California have literally been off the charts.

The Environmental Protection Agency’s Air Quality Index – or AQI – measures air pollution on a scale of one to 500, with lower numbers indicating healthier air. A reading over 200 is considered “very unhealthy” for humans. Above 300 is considered “Hazardous.” On Wednesday afternoon, AQI readings along the I-5 corridor in Oregon hit 599 on the EPA’s map for Oregon, and upwards of 700 in some locations on the popular PurpleAir monitoring site.

Grist explains the health hazzard:

The problem is all the fine particulate matter that’s being generated by the West Coast wildfires. These particles get suspended in the air and can cause health problems when they’re inhaled. The smallest particles — known as PM 2.5 — are especially concerning, since the body can’t filter them out.

“The 2.5 will just cruise past everything in your nose,” said Amy MacPherson, a public information officer for the California Air Resources Board. These particles can get lodged in people’s lungs, she explained, “and if they’re even smaller than that they can get into your bloodstream.” Health effects include an increased chance of cardiac arrhythmias, asthma attacks, and heart attacks.

These are all major concerns for a particulate matter AQI value as low as 300. It’s unclear what could happen to human health with an AQI that more than doubles that number.

Lest you think those off-the-charts air quality index readings were in obscure smoke-collecting valleys, it also went over 500 in Portland.


Right-wing disinformation is becoming a permanent part of the landscape: Q-Anon and numerous other conservative voices have been pushing the false rumor that Antifa agents have been arrested for starting the fires.


The next note talks about the things Trump wants or doesn't want the public to panic about: Don't panic about real threats like Covid-19; do panic about Mexican rapists and caravans of migrant "invaders" and planeloads of Antifa terrorists headed for your town to start a riot.

One of the real threats he doesn't want the public to lose sleep over is climate change, which creates the conditions that produce massive wildfires. He does seem to have stopped calling climate change a "hoax" (though with him you can never tell when a zombie lie will rise again). Instead, he just doesn't mention it, as if he could make it go away by refusing to talk about it.

I had planned to demonstrate how little Trump cares about climate change by quoting the Issues section of his campaign web site, but instead I made an even more startling discovery: There is no Issues section of the Trump 2020 web site. Instead, there is an entirely backward-looking "Promises Kept" page promoting Trump's "accomplishments" while stating no intentions or goals for a second term -- just like the 2020 Republican platform, which is the 2016 platform.

Anyway, the "Energy and Environment" page of Promises Kept -- can't let the Environment steal top billing from Energy -- does not contain the word "climate". It mentions "greenhouse gases" only once: in a claim that Trump's Affordable Clean Energy plan will reduce greenhouse gases. (The claim is false.) The page does brag about rescinding Obama's "costly" regulations, many of which were intended to reduce America's contribution to climate change. (The methane emissions regulation, for example.) But the only thing to know about these regulations is that they cost somebody something; what they might have achieved is not discussed.


While we're talking about "promises kept", the NYT's Nicholas Kristoff evaluates:

  • The Wall isn't built.
  • Mexico isn't paying for it.
  • Undocumented immigrants are still here
  • If the "crime and violence" had "soon" gone away, as he promised, he wouldn't be running on law and order again.
  • Instead of defending the lives of Americans, he bears a lot of responsibility for the 195K dead of Covid.
  • He made the burden of student loans heavier, not lighter.
  • He neither repealed ObamaCare nor presented any plan for replacing it.
  • Five million jobs have been lost since the start of his administration.
  • Rather than "drain the swamp", his administration has eviscerated ethics rules, and eight of his associates have been either accused or convicted of crimes.
  • He fulfilled his promise to appoint a lot of conservative judges.
  • He promised "the truth" and delivered an unprecedented number of lies.
  • He never tried to pass an infrastructure bill.
  • His tax cut mainly benefits the rich, not the middle class.
  • Rather than pay off the national debt, he has seen it increase from $19 trillion to $26 trillion.
  • He did increase the military budget, as he promised.
  • ISIS was defeated, largely by continuing the strategy Obama left behind.
  • There is still no peace between Israel and Palestine.
  • He claimed "nobody will be pushing us around", but Vladimir Putin leads Trump by the nose.

and the Woodward book

Another week, another damaging Trump exposé. This week, it's Bob Woodward's Rage, which is based on 18 on-the-record conversations with Trump, all on tape. So we can skip the did-he-really-say-that part of last week's exposé, the Atlantic article that has him calling American soldiers killed in combat "losers" and "suckers".

Here's the most frequently quoted revelation:

“You just breathe the air and that’s how it’s passed,” Trump said in a Feb. 7 call. “And so that’s a very tricky one. That’s a very delicate one. It’s also more deadly than even your strenuous flus.”

“This is deadly stuff,” the president repeated for emphasis.

At that time, Trump was telling the nation that the virus was no worse than a seasonal flu, predicting it would soon disappear and insisting that the U.S. government had it totally under control. It would be several weeks before he would publicly acknowledge that the virus was no ordinary flu and that it could be transmitted through the air.

Trump admitted to Woodward on March 19 that he deliberately minimized the danger. “I wanted to always play it down,” the president said. “I still like playing it down, because I don’t want to create a panic.”

Woodward assesses the damage:

Trump never did seem willing to fully mobilize the federal government and continually seemed to push problems off on the states. There was no real management theory of the case or how to organize a massive enterprise to deal with one of the most complex emergencies the United States had ever faced.

Woodward also spent hundreds of hours talking to current and former top Trump administration officials, including the ones collectively known as "the adults in the room" (back in the early days of the administration when there were adults in the room): Jim Mattis, Rex Tillerson, and Dan Coats, who seem unified in their belief that they needed to cover for a president who was dangerously unfit.

For the most part, I have to agree with Washington Post reviewer Rosa Brooks: "we knew all this already". And yet, I have to wonder if hearing Trump say this stuff himself will make a difference. All those times when he compared coronavirus to the flu, or claimed that it would soon go away "like a miracle", he knew better. That's not debatable now, we have it in his own words.

And for all his followers who are still claiming the virus has been overblown by some deep-state conspiracy: We have Trump on tape saying the opposite.


A bunch of bloggers and columnists have made this point: Trump's I-didn't-want-people-to-panic explanation for playing down the virus doesn't pass the laugh test.

Trump tries to raise panic all the time. He wants us to panic about caravans of MS-13 gangsters and Middle Eastern terrorists coming to "invade" or "infest" our country, about planes full of Antifa conspirators going from city to city starting riots, about babies being "executed" just after birth, and so on. His campaign ads look like trailers for the horror movie Joe Biden's America. Sometimes people get so panicked by Trump's wild rhetoric that they start shooting Hispanics in an El Paso mall.

The primary difference between Covid-19 and all the stories Trump has told to panic his followers is that Covid-19 is a real danger.

A real leader would have told the country to the truth back in February: that this is serious, and it's going to require some adjustments and sacrifices from all of us. That leader wouldn't have stoked panic, but would have reassured the country that we will get through this if we take appropriate action.

Instead, again and again, Trump has undercut appropriate actions, while telling the public fairy tales. He has never put together a national plan of action or mobilized the power of the federal government. He has pushed states to reopen too quickly, and is still pushing. He has encouraged protesters who threatened violence against governors who followed medical advice. He has held dangerous rallies. He has ridiculed Joe Biden and others for taking appropriate precautions. He has promoted snake-oil cures like hydroxychloraquine and oleandrin.


Trump and the usual collection of Trump sycophants have placed the Woodward quotes in the context of calming statements from the great leaders of World War II.

Trump compared himself to Churchill, which caused Daniel Dale to look up Churchill's first speech as prime minister in May, 1940:

I have nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the most grievous kind. We have before us many, many long months of struggle and of suffering.

What Churchill never said during the Blitz was "The Luftwaffe is very much under control in Great Britain."

Keeping to the theme, Fox & Friends' Steve Doocy invoked Franklin Roosevelt:

The president said he did not want to freak people out. He wanted to keep people calm during this time of great national uncertainty. Think about it, during the depression, it was FDR who had his fireside chats to calm America.

Similarly, it's worth a minute or two of your time to look at the text of FDR's first fireside chat on March 12, 1933 (eight days after his inauguration). He explained why he had temporarily closed the banks, what the government had done since to make banks more secure, and what the public could expect as banks began to reopen. He did not say that the Depression was just the sniffles, or promise that it would disappear "like a miracle". (That sounds more like the quote Herbert Hoover is known for, but never actually said: "Prosperity is just around the corner.") Instead, FDR closed like this:

Confidence and courage are the essentials of success in carrying out our plan. You people must have faith; you must not be stampeded by rumors or guesses. Let us unite in banishing fear. We have provided the machinery to restore our financial system; it is up to you to support and make it work. It is your problem no less than it is mine. Together we cannot fail.

Imagine if Trump had done that in February: explained what the government would do to get the epidemic under control, described the public's role in that plan, and then said "Together we cannot fail." Instead, he repeatedly sugar-coated the situation and did nothing.

Here's a Trump comparison that fits much better than Churchill or Roosevelt: the mayor from Jaws.


Republicans in Congress have almost uniformly either made excuses for Trump or dodged questions about the Woodward book. Friday, Susan Collins had the misfortune to be in a televised debate with her challenger Sara Gideon -- a setting where you can't just have an aide jump in and say, "No more questions." Forced to comment, Collins came up with this: Trump "should have been straightforward with the American people ... I have said since the beginning that the President's performance has been uneven."

Uneven? Getting 200K Americans killed, probably about half of them through sheer incompetence, is an uneven performance?

A meme for attacking these spineless politicians: Pathetic Cowards for Trump.

and Bill Barr's latest corruptions of the Justice Department

Tuesday, the Justice Department filed a motion to take over the defense of a defamation lawsuit against Trump. in her book What Do We Need Men For? published last year, E. Jean Carroll accused Trump of raping her in a department store dressing room in the 1990s. Trump accused her of lying and claimed he had never met her and could not have raped her because she's "not my type". Carroll sued for defamation, and a New York state court had moved the case into the discovery phase, when Trump might be obliged to produce a DNA sample.

That's the case that Barr thinks the Justice Department should defend, using taxpayer funds. He also wants the case moved to federal court where it would go away,

because Trump would come under the protection of the federal government’s “sovereign immunity.” Barr’s minions are, quite literally, trying to deny Carroll her day in court. At taxpayer expense.

Barr's rationale is that Trump denied Carroll's charges, and commented on her type, while "acting in his official capacity". Apparently, insulting women accusing you of rape is now considered part of the President's job. I hope the federal judge who rules on this motion asks a lot of probing questions about exactly which line in Article II of the Constitution defines that presidential responsibility.

Marcy Wheeler:

As I contemplated Barr’s decision to claim that accusing a credible alleged rape victim was all part of Trump’s job as President, I thought briefly about what it says of Bill Barr’s faith, that he would make it official DOJ policy to condone attacks on claimed rape victims like this. But then I remembered that Bill Barr is of the generation of Catholics where that is the job of the official bureaucracy, to throw all the institutional weight of the Church into protecting alleged rapists and suppressing credible accusations, even to the point of attacking the victims.


A different case is disturbing in a different way. In fact, I'm not sure which is more disturbing: federal agents killing the suspected Portland shooter Michael Reinoehl on September 3, or the way Trump and Barr have been crowing about it.

Killing a suspect, even justifiably (and it's not clear yet whether this killing was justified), should always be a regrettable event for law enforcement officers. They're not supposed to be judge and jury; they're supposed to apprehend suspects and let the judicial system do its work. But Bill Barr's statement expressed none of that regret:

The tracking down of Reinoehl — a dangerous fugitive, admitted Antifa member, and suspected murderer — is a significant accomplishment in the ongoing effort to restore law and order to Portland and other cities. I applaud the outstanding cooperation among federal, state, and local law enforcement, particularly the fugitive task force team that located Reinoehl and prevented him from escaping justice. The streets of our cities are safer with this violent agitator removed, and the actions that led to his location are an unmistakable demonstration that the United States will be governed by law, not violent mobs.

In fact, killing Reinoehl does exactly the opposite: It calls into question whether the United States will be ruled by law or by federal death squads.

[BTW, Reinoehl said on social media he was "100% Antifa all the way", but that's the only evidence connecting him to Antifa. Whether he was a "member" or just a sympathizer is still debatable. It's not even clear what being a "member" of Antifa means. It's not like they have a directory and ID cards.]

Meanwhile, Trump makes Portland sound like the Wild West, with lawmen killing Reinoehl like he was Jesse James or Billy the Kid.

In Portland the other day we had to send in the U.S. Marshals. A man who's a bad guy, bad guy, shot somebody right in the middle of the street. ... Two and a half days nothing happened, I said, "What's going on?" We sent in the U.S. Marshals, it was taken care of in 15 minutes.

And his crowd cheered. In a country under the rule of law, murder suspects should not be "taken care of in 15 minutes". That's nothing to brag about or cheer about. The previous day he said something similar to Fox News' Jeanine Pirro:

Two and a half days went by, and I put out "When are you going to go get him?" And the U.S. Marshals went in to get him in a short period of time, and it ended in a gunfight. This guy was a violent criminal, and the U.S. Marshals killed him. And I will tell you something: That's the way it has to be. There has to be retribution when you have crime like this.

Retribution is not for the Marshals -- or anyone in the Executive Branch -- to dish out. And we certainly don't want the President to be able to call the Justice Department and ask them to go kill somebody (which is what Trump seems to be claiming he did). But we have a President who either doesn't know or doesn't believe that.

and the virus

The daily new cases and new deaths numbers are declining, but are still at levels that just about any other country would consider disastrous. The seven-day rolling averages are down to about 35,000 new cases per day and 800 deaths. These death rates are like 200 Benghazis a day or two 9-11s each week.

We're getting close to 200,000 total deaths, and should pass that total this week or next (depending on how you total up). In deaths-per-million-people, the US will likely pass 600 today. That leaves us still doing better than countries like Belgium (856), Spain (636), and the UK (613), but considerably worse than Germany (112), Canada (243), Japan (11), and South Korea (7). Our numbers are now even worse than Italy's (589). Remember when Italy was the country nobody wanted to be?

Recently, the virus has faded in the South and broken out in the Great Plains. Friday, Kansas (population 2.9 million), had 13 deaths. Canada (population 37.6 million), zero.

Meanwhile, we wait to see if Labor Day socializing or the reopening of schools or the fans returning to some sporting events will spark a new surge. We probably won't know for another couple weeks.


Last night, Trump held an indoor rally in Henderson, Nevada. Despite a statewide ban on meetings of over 50 people, he spoke to thousands of supporters inside a manufacturing plant. The rally ignored social distancing and few attendees wore masks. It was Trump's first large indoor rally since the Tulsa rally that was blamed for a surge in coronavirus cases in the area and may have killed Herman Cain.


Astra Zeneca briefly stopped its vaccine trials after a patient got sick in a way that suggested an adverse reaction. But Saturday testing resumed.

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Lots of speculation concerns how long we'll have to wait after Election Day to find out who won. Well, there is one scenario where we know right away: if Biden wins North Carolina.

North Carolina allows election officials to begin counting mail-in ballots before Election Day. (Technically, the ballots are run through tabulating machines, but election officials don't see results until Election Day. Only on November 3 can somebody push a button to see what the tabulator knows.) People who mailed early plus those who voted in person might be enough of the electorate to call the state.

North Carolina is a state that Trump has to have, but Biden doesn't, and Biden currently has a tiny lead in the state polling. So if we know early that Biden took North Carolina, we can be pretty sure he's going to win the election. If Trump wins it, we might not know for a long time who will be the next president. If it's too close to call, that suggests Biden will win, but isn't as conclusive as if he had NC's 15 electoral votes in his pocket.


Protesters are continuing to brave repression in Belarus. Meanwhile, their dictator Lukashenko is meeting with Putin.


Brexit is still not a done deal. There is a treaty, but details of trade between the UK and EU are still to be worked out. The treaty, though, protects the Good Friday Agreement that brought peace to Northern Ireland: The Ireland/Northern Ireland border has to stay open. But that puts the burden on the UK to keep goods out of Northern Ireland that would be either banned or tariffed in the EU. Prime Minister Johnson is now saying the UK won't fulfill that obligation, which means the whole thing could still fall apart into a no-deal Brexit.


The Trump/Russia conspiracy is ongoing: Rudy Giuliani has been working with a Russian agent to smear Joe Biden.

Thursday, the Treasury Department sanctioned "four Russia-linked individuals for attempting to influence the U.S. electoral process". One of them is kind of significant.

Treasury designated Andrii Derkach (Derkach) pursuant to Executive Order (E.O.) 13848 for his efforts to influence the 2020 U.S. presidential election. Derkach, a Member of the Ukrainian Parliament, has been an active Russian agent for over a decade, maintaining close connections with the Russian Intelligence Services. Derkach has directly or indirectly engaged in, sponsored, concealed, or otherwise been complicit in foreign interference in an attempt to undermine the upcoming 2020 U.S. presidential election.

... From at least late 2019 through mid-2020, Derkach waged a covert influence campaign centered on cultivating false and unsubstantiated narratives concerning U.S. officials in the upcoming 2020 Presidential Election, spurring corruption investigations in both Ukraine and the United States designed to culminate prior to election day. Derkach’s unsubstantiated narratives were pushed in Western media through coverage of press conferences and other news events, including interviews and statements.

Russian agents like this don't work alone, though. They work through American dupes and accomplices, including two you may have heard of.

[Derkach] was a key source for baseless information touted by [Rudy] Giuliani and [President Donald] Trump smearing Biden and his son, Hunter, over activities in Ukraine when Biden was vice president.

Jonathan Capehart asked Giuliani the obvious question, and got no substantive answer.

You’re a former prosecutor from the Southern District of New York, a former mayor of New York City, you have a national security firm. How could you not know that this person you were talking to was a known Russian agent?


A crazy epilogue to the tear-gas-protesters-for-Trump's-photo-op story: It may have caused a Covid-19 outbreak in the Farmville, Virginia immigrant detention center.

Trump wanted ICE agents to join Bill Barr's non-army army to quash the protests in D.C., and the quickest way to do that was to charter flights. But rules prevent ICE agents from flying on those planes unless they are accompanying detainees. So they shipped detainees to Virginia unnecessarily. Some of those transported immigrants were Covid-positive.


I don't think of the NYT as a neutral source when the subject is The Intercept, the left-of-center online publication started by Glenn Greenwald after he received the trove of information leaked by Edward Snowden. But its account of how The Intercept mishandled the Reality Winner leak pulls together a story I had only heard in pieces.

I have mixed feelings about Greenwald, whose "Unclaimed Territory" blog was one of the influences that got me into blogging. In the early days of the Iraq War, he was a rare voice speaking out bluntly against the militaristic rah-rah-America spirit of the times. In recent years, though, he has been so stubbornly unwilling to see the Russian disinformation and manipulation threat that at times I wonder if he came out of the Snowden Affair compromised in some way. (WikiLeaks followed a more extreme version of the same trajectory, from pro-freedom-of-information to pro-Russia.)


The Chinese company ByteDance has a proposal to retain ownership of TikTok, but still escape US sanctions: US software giant Oracle takes over management of TikTok's US operations and data in the cloud. Ars Technica summarizes the issues:

The big challenge facing ByteDance is the need to to satisfy the potentially conflicting demands of the US and Chinese governments. The US government has threatened to shut down TikTok over concerns that the Chinese government would compromise Americans' privacy or exercise undue influence over the content Americans see. Transferring TikTok's US operations to an American company could address those concerns.

But the Chinese government isn't happy about the possibility of the US government essentially seizing a major Chinese technology asset for the benefit of a US competitor. Late last month, Beijing announced new export control rules restricting the sale of artificial intelligence technology—rules that apparently apply to the algorithm TikTok uses to recommend videos to its users. This means that ByteDance will need the approval of the Chinese authorities—as well as the Trump administration—before any deal can go through.

The non-sale to Oracle might thread the needle via corruption:

It's a victory for Larry Ellison, the chairman of Oracle and one of the few technology tycoons who has been openly supportive of Donald Trump. Ellison held a fundraiser for Trump in February. ... So if ByteDance believed Larry Ellison could use his personal relationship to Trump to get the deal approved, that would have been a compelling reason to choose Oracle [rather than accept a competing bid from Microsoft].

If the deal goes through, it is another step down the road to Putinism: A valuable corporate franchise can be channeled to a Trump-allied oligarch.


NBC's Think blog provides tips for talking to friends and relatives who have gone down the Q-Anon rabbit hole. The tricky thing about any cultlike system is its epistemic closure: If the only information that can be trusted comes from the cult itself, the cult's beliefs become unassailable.

In any such situation, I remember the Danny DeVito character from The War of the Roses. At one point his good friend says something truly insane about the process of splitting up with his estranged wife. And DeVito observes in a tone of concerned fascination: "This seems rational to you."


A pattern that probably deserves a longer discussion sometime: Once belief systems start closing themselves off, they can become incubating grounds for even more closed systems.

For example: During the 20th century, Evangelical Christianity developed defense mechanisms to keep Darwinism at bay. The scientific community, and any media that trusts the scientific community, became suspect. Hence conservative Christians need their own news network and their own research institutes.

More recently, Trumpism has grown into a cult inside this protective Evangelical shell, and now Q-Anon is growing inside Trumpism. The kind of objective thinking that Evangelicals need to do if they're going to root out these cancers could also threaten Evangelicalism itself.

and let's close with something graphic

I grew up loving maps, especially ones that make you look at something in a different way. This map asks the question: What if we made US states out of the river basins, the way political divisions are drawn in Gambia? Some states, like Alabama or Tennessee, remain recognizable distortions of their current selves, and Santee is more or less South Carolina. But Mississippi goes all the way up to Minneapolis, Ohio goes from Erie to beyond Louisville, and Missouri winds up west of Yellowstone.

Monday, September 7, 2020

Summers and Winters

In a real sense our nation’s summers of riots are caused by our nation’s winters of delay.

- Martin Luther King

This week's featured post is "Trump Despises His Supporters Too".

This week everybody was talking about Trump's disrespect for military service and death in war

Jeffrey Goldberg's "Trump: Americans Who Died in War Are ‘Losers’ and ‘Suckers’" dominated the weekend's news. This story is covered in the featured post, but I did want to add some context from Chris Jones :

Seems like a good time to remind everyone that The Atlantic's fact checkers once challenged my belief that Lorne Michaels was eating snow peas during a meeting and later verified that he was, in fact, eating edamame. They are extremely thorough.


Joe Biden's comment is also worth your attention:

When my son volunteered and joined the United States military as the attorney general and went to Iraq for a year, won the bronze star and other commendations, he wasn’t a sucker. The servicemen and women he served with, particularly those who did not come home, were not ‘losers.’ If these statements are true, the president should humbly apologize to every gold star mother and father and every blue star family that he has denigrated and insulted. Who the heck does he think he is?

and violence from the left and right

Vox' Aaron Ross Coleman says that condemning riots is not an adequate response:

If looting and rioting have no place in a well-functioning democracy, then perhaps we should pause to consider that these are signs that Americans are not, in fact, in a functioning democracy. ... In declining to reconcile the failure of America’s democratic institutions and in their strong denouncements of riots as political protest, elected officials like Trump and Biden avoid the truth — there is no more effective force for stopping riots than making a serious effort to stop police from killing Black people.

... Today it is perhaps the New York Times columnist Jamelle Bouie who most pithily expressed how this relationship works. “Kenosha would be quiet if not for an incident of police brutality and abuse,” he wrote this week. “The same is true for other cities where rioting and disorder have taken place.”

I got the MLK quote above from this article, and then I looked up the larger context. It's from a speech he gave in March, 1968 near Detroit, which had been through a massive riot the previous summer.

Now every year about this time, our newspapers and our televisions and people generally start talking about the long hot summer ahead. What always bothers me is that the long hot summer has always been preceded by a long cold winter. And the great problem is that the nation has not used its winters creatively enough to develop the program, to develop the kind of massive acts of concern that will bring about a solution to the problem. And so we must still face the fact that our nation's summers of riots are caused by our nations winters of delay. As long as justice is postponed we always stand on the verge of these darker nights of social disruption. The question now, is whether America is prepared to do something massively, affirmatively and forthrightly about the great problem we face in the area of race and the problem which can bring the curtain of doom down on American civilization if it is not solved.

Coleman describes what we're not getting done in the periods between a George Floyd murder and a Jacob Blake shooting:

In the executive branch, the recommendations from President Obama’s Task Force on 21st Century Policing failed to be implemented nationwide. In the judicial branch, legal precedent still protects officers from the consequences of deadly force with qualified immunity. In the legislative branch, this summer’s police reform bills have stalled out. The institutional stalemate persists at the local level even in the bluest of districts like in New York City or Minneapolis, where police brutality persists, despite years of activism and electoral support for reform candidates.

All of which brings me back to a JFK quote I've used before: "Those who make peaceful revolution impossible will make violent revolution inevitable."


But the real violence story these days is happening on the right, where Kyle Rittenhouse is on his way to hero status. Joe Biden is denouncing political violence in all its forms, but Trump is not.

Meanwhile, polls are making it clear that the law-and-order theme is not working for Trump. a majority believes that he is making protests worse, that Biden would do a better job on criminal justice issues, and that Trump makes them feel less safe.

The 538 polling average currently has Biden ahead by 7.5%. But because of Trump Electoral College advantage, Biden needs a 3-4% margin to be confident of winning.


The Right is trying to make something out of Biden not denouncing Antifa by name, but where is their evidence that Antifa is doing anything? Tucker Carlson is talking to Chad Wolf about using the RICO laws against Black Lives Matter and Antifa, but they have the process backwards: RICO can never be the first crime a group is accused of. After you have a record of proven members of a group committing proven crimes, then you can make a case that those crimes are connected by a corrupt organization.

Show me two convictions for serious violent crimes, and then we can talk about whether something connects them.

Meanwhile, why don't we stop police from killing and maiming Black people for no good reasons? Maybe that will solve the problem.


If we're going to talk about militias, we should know what one really is. Erik Schechter writes at NBC New's Think blog:

In 1903, we officially divided the militia into an “organized militia,” i.e., the National Guard (and, later, state defense forces), and the “unorganized militia.” This other militia includes every able-bodied male age 17 to 45 and serves as a reserve body that, at least theoretically, could be called up for service by the president. (States have their own rules for militia membership; Illinois, for instance, now counts women in its state militia.)

So, does being part of an unorganized militia give you and your buddies the right to sling AR-15s across your chest, don cammies and patrol the streets of Kenosha and other cities as the self-declared Super-Patriot Constitutional Militia for Liberty and Tricorn Hats? No, because a militia is not an armed gang; it operates under orders from a legal authority that a self-governed group does not.

... Amy Swearer, a legal fellow at The Heritage Foundation’s Meese Center for Legal and Judicial Studies, notes that “there isn’t an affirmative right” to form one’s own militia. She cites Presser v. Illinois, in which the Supreme Court ruled in 1886 that a German immigrant didn’t have a Second Amendment right to march his socialist militia in Chicago without authorization from the state.


In Rochester, New York, a grand jury will investigate the death of Daniel Prude, who suffocated in March after police hooded him and pinned him to the ground.

Mr. Prude went into cardiac arrest during a struggle with officers and died a week later. The county medical examiner labeled his death a homicide caused by complications of asphyxiation in a prone position. But for months, the police in Rochester treated the case as a drug overdose after PCP, or angel dust, was found in his bloodstream.

... The case came to public attention only on Wednesday, more than five months after Mr. Prude’s death, when his family’s lawyer released body camera footage from the officers involved in detaining Mr. Prude. The footage was obtained through a public records request by the lawyer.

This case sums up my problem with the few-bad-apples/most-cops-are-good argument: Let's say the cop who pinned Prude was a bad apple. But he didn't cover this up by himself. Months ago, the authorities had access to the same body-camera footage they're acting on now, but they did nothing until the video was made public and caused public outrage.

This pattern recurs again and again: When a cop kills someone, assaults someone, or commits some other crime, the other cops, the local prosecutors, and the police union circle the wagons around him. When they do that, they all join Team Bad Apple.

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Jon Lovett compares two ways of covering the same story. The Washington Post's headline is "Trump and allies rachet up disinformation efforts in late stages of campaign", while AP has "Dueling versions of reality define 1st week of fall campaign". Lovett's comment:

The Post is honest about this moment while the AP is a victim of it.

The difference goes to the heart of what journalism is supposed to do: Does the journalist cover a real world? Or is the world nothing but conflicting opinions which the journalist can only repeat? AP goes the second route:

On the campaign trail with President Donald Trump, the pandemic is largely over, the economy is roaring back, and murderous mobs are infiltrating America’s suburbs.

With Democrat Joe Biden, the pandemic is raging, the economy isn’t lifting the working class, and systemic racism threatens Black lives across America.

If only there were a real world that AP could examine these claims against. Does their weather report balance the people who say it rained today against the people who say it was sunny?

The Post, on the other hand, believes in a real world where reportable events happen.

On Aug. 30, the president retweeted footage of a Black man violently pushing a White woman on a subway platform under the caption, “Black Lives Matter/Antifa” — but the man was not affiliated with either group, and the video was shot in October. White House social media director Dan Scavino shared a manipulated video that falsely showed Democratic presidential nominee Joe Biden seeming to fall asleep during a television interview, complete with a fake TV headline.

And Rep. Steve Scalise of Louisiana, the second-ranking House Republican, released a video splicing together quotes from activist Ady Barkan — who has Lou Gehrig’s disease and uses computer voice assistance — to falsely make it sound as if he had persuaded Biden to defund police departments.

... The slew of false and misleading tweets and videos stood in contrast to the approach taken by Biden, the former vice president, who in 2019 took a pledge promising not to participate in the spread of disinformation over social media, including rejecting the use of “deep fake” videos.


If Republicans are looking for a way to torpedo Trump without actively endorsing Biden, Arnold Schwarzenegger provides a model: Come out against the underhanded tactics that Trump won't admit to.

Schwarzenegger's issue is voter suppression. Tweeting a link to a Reuters article about polling places closing in the South, Arnold comments:

I’m a fanatic about voting. Most people call closing polls voter suppression. Some say it is “budgetary.” What if I made it easy & solved the budgetary issue? How much would it cost to reopen polling places?

This is a serious question. Is closing polling stations about making it harder for minorities to vote, or is it because of budgets? If you say it’s because of your budget, let’s talk.


The Trump boat parade is a phenomenon that completely escapes me. I don't get why a campaign would want to emphasize how many rich people support it. But if you're going to do one, you should do it right, and not get a bunch of your boats sunk by each other's wakes. If you wanted a metaphor for the Trump economy, very rich people swamping the boats of lesser rich people is pretty good.


Just because you don't show obvious symptoms of Covid-19 doesn't mean you're not being harmed by it. Penn State has been looking at athletes who have been infected, and finds that a sizeable minority of them (one doctor said 30-35% and another corrected to 15%) suffer an enlargement of the heart muscle called myocarditis. The condition can lead to "arrhythmia, cardiac arrest and death, especially in a person who doesn’t know they have it and performs rigorous exercise". Red Sox pitcher Eduardo Rodriguez, who won 19 games in 2019, will miss the entire 2020 season because of myocarditis brought on by Covid-19.


Question and answer:

Q: Can you help me understand the Portland riots? Why haven't you stopped the violence?

Portland Press Herald: Well, we're a newspaper in Maine is the main reason.

and let's close with something childish

The closer we get to Election Day, the less I want to be challenged by the closings. So light and fluffy is in. Last week we had puppies, this week a countdown of the top ten Muppet Show guest stars.