Monday, August 28, 2023

Blossoming Seeds

Inverting power relationships -- casting the powerless as a looming threat and the powerful as beleaguered -- is a primal feature of reactionary thinking, the very seed that blossoms into fascism.

- David Roberts

This week's featured post is "Republicans think they've found a way to pitch abortion bans".

The David Roberts quote above is in response to this social-media exchange:

Rod Dreher: Trump is rich, but he is totally not the ruling class. It's about culture.

Radley Balko: Trying to think of a definition of "ruling class" that includes Oberlin social justice activists, Black Lives Matter, and drag queens, but not the billionaire real estate mogul who was literally just president, appointed 1/3 of SCOTUS, and is even odds to be president again.

This week everybody was talking about Fulton County Inmate #P01135809

Trump surrendered to authorities in Fulton County Thursday evening. He was booked, photographed, and then released. He returned to Twitter (for the first time since his post-insurrection banning) with a post of his mugshot and the slogan "Never Surrender!" -- as if he hadn't just surrendered. That image and slogan is now available on a wide variety of Trump merchandise, in case you believe a self-described billionaire needs your money more than you do. (BTW, I thought "Never Surrender" was done better in Galaxy Quest.)

Did you wonder what was going on with Trump's expression in his mugshot? It turns out the look he gave has a name.

"The Kubrick Stare" is one of director Stanley Kubrick's most recognizable directorial techniques. A method of shot composition where a character stares at the camera with a forward tilt, to convey to the audience that they are at the peak of their derangement

The other amusing thing about the booking was his height-and-weight listing: 6'3", 215 pounds. That turns out to be a fairly typical set of measurements for NFL quarterbacks. To me, this just underlined something I've believed for several years: This guy can't tell the truth about anything. I mean, we've all probably shaved a few pounds off our weight at one time or another, but at some point you're just insulting people's intelligence.

Legally, of course, these indignities are meaningless. The other three jurisdictions where Trump was indicted didn't mugshot him or report his weight, and yet I'm sure police will easily recognize him if he goes on the lam.

Nonetheless, I suspect this ubiquitous mugshot will end up mattering politically. Until now, low information voters who favor Trump have been able to tell themselves that his legal troubles are all meaningless political shennanigans, kind of like the "scandals" on Fox News that rage for a weekend and then come to nothing. (Biden is banning gas stoves! ) They ignored his impeachment hearings (where his guilt was proved for anyone who bothered to watch) and the January 6 hearings (ditto), and felt justified in doing so, because ultimately there were no consequences.

But the mugshot sends a different message: This is really happening. It's different from the usual partisan mudslinging.

A new poll from Politico underlines this point: 61% of the country wants to see Trump's election-subversion trial happen before the 2024 election. 51% believe he's guilty, and only 26% believe he's innocent. 50% believe he should go to prison if convicted, while only 18% said he should go unpunished.

The upshot is that about a quarter of the country hasn't paid enough attention to have a definite opinion. That number is going to shrink as the trials take place. And since the evidence against him is compelling, a lot of those people are going to shift into the guilty/prison columns.

and Putin's revenge

Russian officials have now verified that Yevgeny Prigozhin's DNA is in the wreckage of the plane that crashed between Moscow and St. Petersburg Wednesday. The number of Putin opponents who have had fatal "accidents" is long and not worth reviewing.

I haven't yet seen any persuasive analysis of what Prigozhin's death means for Putin, for Russia, or for Ukraine. University of Colorado Professor Sarah Wilson Sokhey is tentative, but makes sense to me:

What the historical context best tells us in this case is that when you have a coup attempt, and when you have generals being demoted and you have a failing military campaign, there are a lot of cracks in the system. It's very difficult for people to predict how that power struggle will play out, but violently and chaotically is one way that has played out in the past. And that's something we should be concerned about.

and the Jacksonville race shooting

Saturday afternoon, a White gunman with swastikas on his AR-15 killed three Black people in a Dollar General store before killing himself. Reportedly, he had previously stalked the historically Black college Edward Waters University, and left behind a manifesto expressing his hatred of Black people.

[The shooter] legally purchased his guns despite having been involuntarily committed for a mental health examination in 2017, the Associated Press reported.

This shooting follows last summer's shooting in a Buffalo supermarket, where a White racist gunman targeted Black people, killing ten of them. In 2019, a White gunman targeted Hispanics at a WalMart in El Paso, killing 23. He also left a manifesto citing the Great Replacement theory that White people in America are at risk. I could go on.

If young Muslim men were entering places with a lot of Christians and shouting "Allah Akbar!" before opening fire, they would be portrayed in the media as Muslim terrorists, independent of their state of mind at the time. But due to White privilege, that's not how these shootings have been covered. Instead, each shooter is described as "mentally ill", rather than as a representative of a dangerous ideology.

In this instance, for example, Governor DeSantis acknowledged that the killings were racially motivated, but denounced the shooter mainly in individual terms as a "deranged scumbag" and "lunatic".

But these are not random lone-wolf attacks. It's time we start linking these killings together as a White supremacist terrorist movement, and addressing what the government and the public can do about this dangerous violence.

and the Republican debate

I covered the abortion part of the debate [transcript] in the featured post. But that was not the only important topic. By far the most significant moment of the debate was when the moderators posed this question from a young Republican:

Polls consistently show that young people’s number one issue is climate change. How will you as both President of the United States and leader of the Republican Party calm their fears that the Republican Party doesn’t care about climate change?

Moderator Martha Maccallum then asked for a show of hands: "Do you believe in human behavior is causing climate change?"

No hands were raised and the young man's question was never answered. Vivek Ramaswamy declared that "the climate change agenda is a hoax", and claimed that "more people are dying of bad climate change policies than they are of actual climate change."

No one contradicted him. Various candidates obliquely recognized the issue, but made excuses for doing nothing. Nikki Haley said:

We also need to take on the international world and say, okay, India and China, you’ve got to stop polluting. And that’s when we’ll start to deal with climate.

Tim Scott pointed his finger at the whole developing world:

America has cut our carbon footprint in half in the last 25 years. The places where they are continuing to increase Africa, 950 million people, India, over a billion, China over a billion. Why would we put ourselves at a disadvantage, devastating our own economy? Let’s bring our jobs home.

No one presented an idea that would have any effect on the greenhouse gases in the atmosphere, other than to increase them.

To me, everything else about the debate was trivial. My takeaway from the debate is this: If you care at all about climate change, there is no Republican you can support.

That's why I agree with Beau of the Fifth Column: The winner of the debate was Joe Biden.


The climate change quote was far from the only outrageous thing Vivek Ramaswamy said during the debate, and over the weekend he was on virtually every talk show saying even more outrageous things.

There's something broken in our media, and it intersects badly with what's broken in the Republican Party. In our media, saying ridiculous things gets you more attention than saying wise or sensible things. And a sizable chunk of the Republican base yearns to break free from the constraints of Reality, so a potential leader shamelessly spouting nonsense -- heedless of the criticism of "elites" who are still attached to Reality -- appeals to them.

Ramaswamy has been taking full advantage of that sad configuration, and no doubt the next set of polls will show him moving up, at least as a second choice for Trump voters.

Consequently, I'm not going to repeat all the craziness he spouted on the talk shows. However, I did take a look at his biography, and I'm having a hard time figuring out why anyone thinks he should be president.

Ramaswamy, at 38, is an entrepreneur in the pharmaceutical industry, and he's made quite a bit of money in that role. But it's hard to tell whether his career has actually benefited anyone. His fundamental idea is to buy up patents for unproven drugs that the large companies are giving up on, then form small companies focused around getting those drugs through clinical trials and onto the market.

Does that strategy work? Hard to say, at this point. His main company, Roivant, got its first drug onto the market in 2022; it's a cream for treating plaque psoriasis. A dozen or so other drugs are in various phases of clinical trials and may or may not ever be approved for use. At the moment, the testing and development process is burning cash faster than the one marketable drug can earn it, so the company is losing money. A lot of start-ups do that, and some of them eventually turn into Facebook. But most don't.

So 10-20 years from now, Ramaswamy could be Elon Musk, or he could be (barely) remembered as a guy who sucked in a lot of investor cash and blew it.

Personally, I'd like to see more definite results from his first career before I consider him for a second career as a political leader.

and you also might be interested in ...

Today is a significant day in Trump's trials. Mark Meadows has a hearing before a federal judge in Georgia, trying to get his trial moved from Georgia state court to federal court. The issue is whether what Meadows did to further Trump's conspiracy was part of his job as White House chief of staff. If so, he's entitled to move the case to federal court.

Ordinarily that hearing would mostly have procedural significance, but both sides have upped the ante: Meadows is testifying in favor of his motion, and Fani Willis has called Brad Raffensperger. So this hearing is a preview of the overall case.

In a different courtroom, Judge Tanya Chutkan picked a trial date for the federal case against Trump for conspiring to overturn the 2020 election: March 4, a date much closer to Jack Smith's January 2 proposal than Trump's April, 2026 offer. If this date holds up, the trial will begin the day before the Super Tuesday primaries.


Sarah Palin is the latest Republican to suggest "civil war" as a proper response to the Trump indictments.

“Those who are conducting this travesty and creating this two-tier system of justice, I want to ask them what the heck, do you want us to be in civil war? Because that’s what’s going to happen,” Palin told Newsmax on Thursday night.

“We’re not going to keep putting up with this.”

It's important to recognize this talk for the admission of guilt it is. If Trump supporters really believed what they say -- that the charges are politically motivated nonsense -- they'd want a quick trial so that a jury could laugh the case out of court. The only way that "civil war" makes sense is if you believe that a jury of ordinary American citizens who sees the evidence against Trump will find him guilty, and so violence is the only way to keep him out of prison.

and let's close with something photogenic

Past Chronicles picks out a few dozen of the most creative ways people have incorporated statues and prominent architecture into their photos.

As several of the photos suggest, kids do this spontaneously.

Sometimes you can repurpose a statue completely: With the right staging, an applause can become a spanking.

And a baseball swing becomes an assault.

Apparently, the Leaning Tower of Pisa is a popular target for photographic abuse. Here, it tops an ice cream cone.

Monday, August 21, 2023

Knowing and Willful

Defendant Donald John Trump lost the United States presidential election held on November 3, 2020. One of the states he lost was Georgia. Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump.

- The State of Georgia vs. Donald John Trump et al

This week's featured post is "Why I'm Optimistic about 2024".

This week everybody was talking about the weather

It's hard to keep up with Climate Change Summer. Last week we were still digesting the burning of LaHaina. Friday, Canada was evacuating Yellowknife, the capital of the Northwest Territories, as wildfires approached. Yesterday, a tropical storm hit Los Angeles, something that literally never happens. Las Vegas is expecting heavy rain and strong winds. Most of the towns and buildings in the path of Hilary were built under the assumption that this can't happen.

As usual, I won't try to keep up with breaking news. But I do want to make two observations:

  • It's time to stop arguing about climate change. Anyone who won't admit what we can see with our own eyes is not worth talking to.
  • For years we've been hearing that computer models of the climate were unreliable and could be inaccurate. Such doubts have been spread by people who want to deny the problem. But it's just as likely that the errors in the models make them too conservative. We need to think about the possibility that climate change could be worse than scientists' predictions.

The usual suspects are trying to connect aid to Ukraine with the federal emergency response to Maui, as if Hawaii were being ignored and cutting Ukraine aide would help Hawaians. Beau of the Fifth Column covers the Maui aid process pretty well.

As for Ukraine, it's as if Democrats said, "Why are we spending money on Trump's secret service detail rather than helping people in Maui?" These decisions should all be made on their own merits.

and the Trump trials

The Fulton County indictment, Trump's fourth, dropped Monday night. It covers some of the same actions as Jack Smith's January 6 conspiracy indictment -- Trump's "perfect phone call" to Secretary of State Brad Raffensperger figures in both, for example -- but Fani Willis has written a much more sweeping narrative. While Smith's is laser-focused on Trump, leveling four charges and leaving his co-conspirators unnamed, Willis' indictment charges 19 people with 41 crimes. Trump and Rudy Giuliani are charged with the most crimes, 13 counts each.

What structures the indictment is a RICO charge, a claim that Trump led a corrupt enterprise that committed a number of individual crimes in service of a single illegal goal:

Defendant Donald John Trump lost the United States presidential election held on November 3, 2020. One of the states he lost was Georgia. Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump.


Smith's indictment, unlike Willis', is streamlined to get to trial quickly. Smith has requested a January 2 trial date, while Trump's lawyers produced the laughable suggestion of April, 2026. Judge Chutkan is expected to announce the real trial date by August 28.

A number of other issues will come before Chutkan soon: What to do about Trump's direct defiance of her order not to make "inflammatory statements" about the case that could be construed as threatening witnesses or trying to taint the jury pool.

And a different federal judge will have to decide Mark Meadows' motion to move his trial from Georgia state court to federal court and then dismiss the charges. Even if Meadows gets his way about removing the case from Georgia courts, the trial will still take place under Georgia law, and presidential pardons would still be off the table. Dismissing the charges seems unlikely.

Trump will likely file similar motions. Lawrence Tribe et al explain why they should fail.


Several detailed summaries of the Georgia indictment are out there. Here's Lawfare's.

The 98-page indictment itself is a bit dull to read, largely because it endlessly repeats a number of phrases that I assume have significance in Georgia law. For example, the RICO charge is split into 161 individual acts, not all of which are illegal in and of themselves. Each one concludes with some version of "this was an overt act in futherance of the conspiracy". Each of the 41 charges gets its own section, which ends with "contrary to the laws of said State, the good order, peace, and dignity thereof."

By the end, I was amusing myself by picturing a liturgical performance of the indictment, with the acts and charges as a call-and-response: A cantor chants the content, and the congregation responds "this was an act in furtherance of the conspiracy" or "contrary to the laws of said State, the good order, peace, and dignity thereof," as appropriate. At every mention of an unidentified person (Individual 24, say), a background choir intones "whose identity is known to the grand jury".

If you want to stage such a performance, feel free to take the idea and run with it. Just mention my name in the program and send me a YouTube link.


The Georgia indictment goes into detail on several incidents that are barely mentioned in the federal indictment. For example: trying to bully election worker Ruby Freeman into confessing to fictitious election fraud, and illegally gaining access to voting machines and voting-machine software in Coffee County.

I had heard about both of these incidents before, but did not appreciate how they fit into the larger conspiracy. The woman who offered Freeman "protection" if she confessed was not just a rogue actor inspired by Trump's lies; she conspired with Harrison William Prescott Floyd, who was director of Black Voices for Trump; Robert Cheeley, who participated in Rudy Giuliani's presentation to Georgia legislators, the one in which Freeman was originally slandered; and Scott Graham Hall, who was also involved in the Coffee County voting-machine break-in.

The Coffee County incident also involved Trump lawyer Sidney Powell, fake elector Cathy Latham, and a number of other conspirators.

Acts like these may not have the scope of the fake-elector plot or pressuring Mike Pence to violate the Constitution, but they are the kind of building blocks RICO cases are built on, because they are clearly criminal. There's no other way to spin the video of Trevian Kutti telling Ruby Freeman she needs to be "moved" within 48 hours to avoid some unspecified consequence. "I cannot say what will specifically will take place. I just know that it will disrupt your freedom and the freedom of one or more of your family members. ... You are a loose end for a party that needs to tidy up." Terrorizing a public official is classic racketeering.


There's a legal debate going on about whether the 14th Amendment bars Trump from ever serving as president again. I won't comment because I haven't done enough research to have an opinion worth sharing.


Sadly, Trump has cancelled the press conference today that was going to introduce "A Large, Complex, Detailed but Irrefutable REPORT on the Presidential Election Fraud which took place in Georgia". This REPORT was going to completely exonerate him from the charges in the Fulton County indictment.

I say "sadly" without irony, because I welcome any development that commits Trump to a fixed position. Rhetorically, Trump is at his strongest when he can float above the discussion, making loose references to a hazy collection of theories that he never quite commits to. While any single claim is probably absurd and easily refuted -- Fox News, for example, paid $787 million to Dominion Voting Systems rather than try to defend his rigged-voting-machine lies in court -- the entire cloud is hard to get a handle on. Supporters can acknowledge the obvious problems with this claim or that one, while still believing that some other unspecified Biden-stole-the-election theory is true.

Trump fears going to court and is desperately trying to delay his trials because court processes are designed to cut through such fog. His lawyers will have to tell the jury a single coherent story, and he doesn't have one.

I wish he'd produce a similar "Detailed but Irrefutable REPORT" about the Mar-a-Lago documents. At various times he has implied that he declassified the documents, suggested the documents were planted by the FBI, and claimed "I had every right to have these documents" even if they were classified. These claims contradict each other and are all absurd, but when one is refuted his supporters can simply shift to another. By the time they come back around to their original excuse, they've forgotten why it's false.

So I'd love to see him commit to a single narrative, whatever it is. By all means, Mr. Trump, tell us your side of the story. Write a legal affadavit and sign your name to it -- preferably under penalty of perjury. Your cultlike followers may refuse to read the indictments against you, refuse to watch the January 6 hearings, and in general cover their ears against any unwelcome information, but I promise you this: I will read any REPORT you put out there. If you have exculpatory evidence, I want to see it.


Trump may not be announcing his first-and-best stolen-election claims, but Mike Lindell is, and it's the same old crap that has been debunked many times.

and Hunter

For almost a year, Republicans have complained that the US attorney investigating Hunter Biden wasn't given special-counsel status. Now he has been, and they're complaining about that too.

I seldom discuss Hunter Biden on this blog, for a simple reason: Until whatever Hunter is supposed to have done can be credibly connected to something his father did, I don't care. I don't need to see absolute proof before I get concerned, but give me something beyond MAGA wishful thinking. Hunter has never held a government office (unlike, say, Jared Kushner), and he appears to have had no direct influence on US policy.

He appears to have done some illegal things -- hence the plea deal that fell through -- though exactly what those are is never quite clear. He has also traded on his name, which is unsavory but annoyingly common and not illegal. Whatever he has or hasn't done, he should be treated like anyone else would be -- no better and no worse. If he ends up going to jail, I'm sure that will make his father sad. But that means nothing to me, because I care about the US government, not the Biden family.


Democrats would do well to write a broad anti-corruption law, one that would apply to future actions like the ones Hunter, Jared, Clarence Thomas, and Ginny Thomas are alleged to have committed. Holding high office should put restrictions and reporting obligations not just on the officeholder, but on close relatives as well. Republicans would of course oppose the law, and it wouldn't pass, but it would be a good issue to run on in 2024.

and you also might be interested in ...

The ten states with the lowest age-adjusted suicide rates are all blue states. The ten with the highest are nine red states and New Mexico. This probably has something to do with the availability of guns.


Kat Abu examines Fox News' persistent attacks on the very idea of being educated.

and let's close with something inevitable

Epic Rap Battles had to do a Barbie vs. Oppenheimer.

Monday, August 14, 2023

Normal Order

He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order.

- Judge Tanya Chutkan

This week's featured post is "How did Frederick Douglass become a conservative spokesman?"

This week everybody was talking about the fires in Maui

They're still finding bodies in burned-out buildings in Lahaina, the main city in Maui. As of this morning the toll was up to 96 deaths. As you can see in the picture above, people stuck in traffic had to abandon their vehicles and try to escape on foot.

The wildfire had two main causes: dry grass and high winds. One recent theory is that the winds blew over some power lines, which sparked the grass. Extreme dryness and wind are two symptoms of climate change, and the Maui disaster is just the latest event in our Climate Change Summer, which has also included smoke from Canadian fires blanketing the Northeast, extreme rain and flooding in Vermont and Pennsylvania, and record heat in the Southwest and Florida.

Politicians who deny what we can see with our own eyes, or who want to ignore the whole issue, are not worth arguing with any more. They just need to be voted out.

and Trump's trials

Fulton County DA Fani Willis will seek a Trump indictment this week. The Atlanta Journal Constitution's Tamar Hallerman lays out what to expect from this indictment, which might appear as soon as tomorrow. As I keep saying, I could speculate about the content, but in a few days I can just read it.


Most of the Trump-trial news this week concerned Judge Tanya Chutkan, who is overseeing the DC trial for the January 6 conspiracy. In a hearing Friday, she issued a protective order barring Trump from using material the government is sharing in the discovery process to badger or intimidate witnesses against him. She also warned that she would be watching Trump's public statements closely.

The fact that he is running a political campaign currently has to yield to the administration of justice. And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.

It's worth noting that Americans cannot be deprived of their rights "without due process of law". Trump temporarily faces a judge's restrictions because a grand jury of American citizens has found sufficient evidence to indict him for several serious crimes. That's due process of law.

If Trump does appear to be trying to intimidate witnesses or taint the jury pool, Judge Chutkan has a number of possible responses, which include revoking his bail and putting him in jail until the trial is complete. But there has been speculation that Trump would welcome such a move, because he could make political hay out of the "persecution" he had brought on himself. (I doubt this; I think Trump is terrified of jail.) So Friday Chutkan made a novel threat: If Trump won't behave himself, she might have to move the trial along faster to protect witnesses, prosecutors, and everyone else involved (including herself).

Given that Trump's whole strategy has been to delay the trial until he becomes president again -- as I explained last week, he doesn't seem to have any other viable defense -- that threat might have some teeth.


What the people Trump targets might need protection from was underlined last week when the FBI tried to arrest a Utah man who had made detailed threats against President Biden (and other Trump enemies like Manhattan DA Alvin Bragg). A judge deemed these threats credible, so an arrest warrant was issued. The man was armed when agents arrived, and was killed when (according to the FBI) he pointed a weapon at the arresting agents.

Naturally, the man is now considered a martyr by the violent Right. These same people would respond to reports of police killing a person of color with "Why didn't he just comply?" But the laws are supposed to work differently for them.


This is far from the first time an avowed Trump supporter has repeated Trump's rhetoric before threatening or carrying out violent acts.

It's worth remembering how normal American politicians respond to such situations. In 2017, a Bernie Sanders supporter brought a gun to a baseball practice for congressional Republicans and began shooting, badly wounding Rep. Steve Scalise and several others. Afterwards, Sanders made this statement:

I have just been informed that the alleged shooter at the Republican baseball practice is someone who apparently volunteered on my presidential campaign. I am sickened by this despicable act. Let me be as clear as I can be: Violence of any kind is unacceptable in our society and I condemn this action in the strongest possible terms. Real change can only come about through nonviolent action, and anything else runs against our most deeply held American values.

Trump has never made any similar statement, and it is difficult to imagine him doing so. More typically, he makes excuses for his violent supporters, lauding how "passionate" they are. On January 6, Trump explained to Kevin McCarthy that the rioters who had invaded the Capitol and were chanting "hang Mike Pence" were just “more upset about the election” than McCarthy was. When he did eventually ask the rioters to go home, he told them "We love you. You're very special."

So if you belong to Trump's personality cult and you want him to love you, you know what to do.


Trump's apparent approval of violence continues. Saturday at the Iowa State Fair, Rep. Matt Gaetz told a crowd that "we know that only through force do we make any change in a corrupt town like Washington, D.C." Trump was standing right there, and made no attempt to distance himself from Gaetz' rhetoric.


Merrick Garland has taken a lot of criticism lately. Andrew Weissmann, formerly a top assistant to Robert Mueller, put it like this:

We [should] not forget that the predicament Jack Smith is in, racing to get and keep trial dates pre-election, is [be]cause Garland was so slow to pursue a top down investigation.

The conventional wisdom says that Garland didn't want DoJ to prosecute Trump because he was already wary of the weaponization-of-justice cudgel the Right was going to beat him with. But the House January 6 Committee so clearly demonstrated Trump's criminality that Garland's see-no-evil position became untenable. So that's how we got here, but arrived more than a year late.

Jay Kuo, however, makes an interesting counter-argument: No matter how obvious it might be to the casual observer that January 6 was a great crime against America, the laws were not written with January 6 in mind. So no matter how DoJ proceeded, it was going to have to apply laws in new ways, using interpretations that had never been tested in court.

Making Donald Trump the test case was bound to be fraught. So Garland started at the bottom, with the foot-soldiers who invaded the Capitol. Sure, they were trespassing, but wasn't there more to it that that? What else could they be charged with? Some had attacked police, but what about the ones who hadn't (or at least weren't on video doing so)?

There's a law against obstructing an official proceeding, but the main thrust of that law is about forging official documents, and whether the clause about obstructing a proceeding "otherwise" applied here hadn't been tested. And was the joint session of Congress on January 6 an "official proceeding" under this law? What did disrupting it "corruptly" mean?

So Garland's DoJ went about establishing these points in cases that didn't have to carry the emotional and political baggage of a case against Trump. Appeals of some of those cases did challenge those interpretations, and those appeals weren't resolved until April of this year. One (the meaning of "corruptly") is still pending.

So maybe DoJ was always fated to race against the 2024 election. And maybe Attorney General Garland knew what he was doing.

and the pro-reproductive-rights vote in Ohio

Sometimes politics gets so ridiculous that only a comedian can describe it. Here's Trae Crowder, a.k.a. the Liberal Redneck.

Ohio Republicans found out that the people of their state were likely to pass an amendment that would protect abortion rights in Ohio. And when they heard that, Ohio Republicans said, "The people of Ohio must be stopped." So they tried to pass another law before that which would require 60% of the vote instead of the usual simple majority. So basically they went to the people of Ohio and said "Hey y'all. We want y'all to vote on whether or not your vote should count for shit." And the people of Ohio went, "Uh, I think I'm gonna vote for my vote should count for shit."

And Ohio Republicans just started stomping their feet and making a shocked Pikachu face. Like, I don't know what they expected. Like what do they think? People are gonna line up around the block to disenfranchise themselves? What did they think was gonna happen, you know?

But this is their playbook now, y'all. This is what they do, because they've finally come to understand that they are not actually popular. Right? It took 'em a long time. For years and years they were alienating and demonizing women, Black people, gay people, Mexicans, minorities, immigrants, smart people, poor people, and everybody in between. They've been years doing that, and now they're like "Why don't anybody like us?"

Oh, I don't know, truly a mystery for the ages, that one. But either way, they understand it now. They realize that, generally speaking, the American people do not agree with them on things like abortion, gay rights, civil rights, the economy, healthcare -- none of it.

They've come to realize that and they've arrived at this conclusion: If hearts of the people cannot be won, then the will of the people must be quashed. That's right. They understand that in a functioning democracy, their policies would be relegated to the impotent fringe, and have decided that therefore, from this point forward, this democracy should no longer properly function.

That's what all this is about, y'all, the gerrymandering laws, voter restriction laws, and January 6 and the Big Lie -- all of it.

And it's not just in Ohio. In Wisconsin, Republicans have managed to gerrymander their way into a supermajority in the Senate, in a state where Democrats have been winning statewide races, including a race in April that gave liberals control of the state supreme court.

Now the map that gerrymanders Republicans into power is coming before the supreme court, and Republicans are threatening to use their illegitimate supermajority to impeach the new liberal justice if she doesn't recuse herself.

The people of Wisconsin must be stopped!

and education in Florida

When Governor DeSantis got his Don't-Say-Gay and Stop WOKE Acts through the Florida legislature, the doom-saying of many liberal pundits was written off as "alarmist". Surely when it got down to cases, reasonable interpretations would prevail and it wouldn't be that bad. But developments in recent weeks have shown that in fact it's worse.

One DeSantis priority is that schools stop cooperating with kids who want to try out a different gender identity without their parents' explicit permission. So if Timmy wants to be known at school as Tammy, Timmy/Tammy's teachers are supposed to notify the parents, even if doing so violates the child's trust.

But who's to decide the gender implications of a nickname? Maybe Samantha wants to be Sam not because she's experiencing a crisis of femininity, but because she thinks it sounds cooler. So, do her parents need to be notified? Schools don't want to take responsibility for making such judgments. Hence this email to parents in Seminole County:

If you would like for your child to be able to use a name aside from their legal given name on any of our campuses, we will ask for you to complete the consent form titled "Parental Authorization for Deviation from Student's Legal Name Form."

Orange County announced a similar rule. And yes, it does mean exactly what it says.

The rule would impact everyone from students who prefer using a shorthand nickname ("Tom" versus "Thomas," for instance), to those who prefer a different name altogether, including transgender students

All my life, I've gone by Doug rather than Douglas, the name on my birth certificate. And my parents never had to fill out a form to make that OK.


Last week, I reported on the controversy over whether the College Board's AP Psychology course could be taught in Florida schools. As of last week, the state Department of Education was saying it could be taught “in a manner that is age and developmentally appropriate.” Nobody knew what that really meant, so several school districts announced they still wouldn't teach the course.

And in a phone call Tuesday, a spokesperson for Brevard Public Schools, a district about 50 miles east of Orlando, said it was also abiding by the Education Department's initial guidance, referring NBC News to a statement from the district last week.

"In essence, if we don’t teach all of the content, our students will not receive AP credit. If we do teach all of the content, our instructors will violate the law," the statement said. "Therefore, we will not offer AP Psychology at any of our high schools this year."

Wednesday, Education Commissioner Manny Diaz Jr. tried to make the state's position clearer:

It is the Department of Education’s stance that the learning target, 6.P ‘Describe how sex and gender influence socialization and other aspects of development,’ within Topic 6.7, can be taught consistent with Florida law

But even with that explicit permission, some school districts are not willing to take the chance that the way they do teach AP Psych will match Diaz's official view of how it can be taught. So the class won't be reinserted into their course catalogs.


This week something similar happened with Shakespeare. Romeo and Juliet may be a classic, but fundamentally it's about two teens who have sex despite their parents' disapproval. And sure, it's a tragedy and (spoilers!) they both wind up dead. But still, the whole love-and-death saga is kind of glorious somehow, especially from an emo-adolescent perspective. (According to "Don't Fear the Reaper" they're "together in eternity" and "we can be like they are".) Is this "age appropriate" for high school students? In Ron DeSantis' Christo-fascist Florida?

So, citing the bard's overall "raunchiness", Hillsborough County announced that it would only teach excerpts of Shakespeare, not whole plays, and several other counties were considering following that example. The bad press from those decisions caused FDoE to issue another explicit permission:

The Florida Department of Education in no way believes Shakespeare should be removed from Florida classrooms.

So R&J is back in sophomore English, and all's well that ends well, so OK then. But still, these episodes underline something I find disturbing: In practice, Florida schools have become a place where everything not explicitly permitted is forbidden. So what happens to literature less canonized than Romeo and Juliet or topics that don't have the College Board lobbying for them? As the vagueness of Florida's new laws causes schools to steer clear of anything that might fall into the enormous gray zone those laws have created, how many valuable works -- full of ideas that might engage teens, make them think, or spark meaningful discussions -- are being swept out the door without making headlines?

Plutarch once wrote (more or less): "The mind is not a vessel to be filled, but a fire to be kindled." But teachers are never fired for failing to kindle young minds. Being dull and demonstrating to your students that education is pointless can be the safest course -- especially in Florida.


But the development that best displays the Orwellian nature of DeSantis' "Freedom from Indoctrination" slogan is Florida's approval of Prager University videos for use in the public schools. That's discussed in the featured post.

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The ongoing war between red states and their blue cities has claimed a new victim: Houston school libraries. Houston schools have been taken over by the state, leaving locally elected school boards with little say.

In Houston, Texas, dozens of public schools won't have librarians and traditional libraries when classes start later this month. It's part of a controversial reform effort in the state's largest school district. The new superintendent says schools in working-class areas need good teachers more than they need librarians.


While we continue to worry about inflation, China is experiencing deflation. This can be an even more serious problem, because it can lead to cascading bankruptcies: As money gains value, debts become harder to repay. So people and businesses sell assets to raise cash, depressing prices further.

What an inflating West and a deflating China means for the world economy is hard to predict.


Using government power to make "woke" corporations toe the conservative line isn't just a DeSantis thing, it's catching on in Republican circles generally. Here, Fox News' Laura Ingraham warns Apple and Disney that when Republicans regain power "everything will be on the table -- your copyright and trademark protection, your special status within certain states, and even your corporate structure itself".

Recall that Mussolini's definition of fascism was the merger of state and corporate power.


I can't explain why the Montgomery dock brawl went viral the way it did, but it inspired some great creativity, including this version using the theme to "Good Times" and ending with some white folding chairs painted into a Harlem Renaissance artwork.


If you're not following Kat Abu on social media, you should be. She watches Fox News so you don't have to, and summarizes it in a way that will usually make you laugh rather than fume.

I sometimes picture a gaggle of blond Fox News hosts watching Kat and saying, "Girl, if you just used more make-up and changed your hair, you could get a job here."

and let's close with something artificial

If there's one thing AI is perfect for, it's producing stereotypes. Most of the time that's a problem. If you're trusting AI to write your term paper on Transylvania, for example, you'll need to make sure you aren't repackaging a bunch of vampire mythology as fact. But somebody used AI to create images of the most stereotypical person from each of the 50 states.

They aren't intended to be funny, just stereotypical. Here's the Californian.

Monday, August 7, 2023

Conspiracies

The Defendant lost the 2020 presidential election. Despite having lost, the Defendant was determined to remain in power. So for more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew they were false. ... Shortly after election day, the Defendant also pursued unlawful means of discounting legitimate votes and subverting the election results. In so doing, the Defendant perpetrated three criminal conspiracies.

- The United States of America v Donald J. Trump

This week's featured post is "The Evidence Against Trump is Unchallenged".

This week everybody was talking about Trump's January 6 indictment

Tuesday, Donald Trump was indicted for his plot to overturn his loss in the 2020 presidential election. The indictment was widely covered in the media, so I'll try not to rehash things you've undoubtedly seen many times.

The indictment is only 45 double-spaced pages, so if you don't want somebody else's interpretation to get in your way, you can easily read it yourself. If you do want to read somebody's summary, let me me recommend Marcy Wheeler and Jay Kuo.

The indictment tells a simple story: Trump lost the election. He knew he had lost the election, but wanted to stay in power anyway. So he invented and spread lies about election fraud, which he used to justify a series of illegal actions:

  • pressuring election officials either to baselessly refuse to certify the legitimate election results or to change the results in his favor (as in his famous call urging Georgia Secretary of State Brad Raffensperger to "find 11,780 votes").
  • pressuring Republican state legislatures to illegally overrule their state's voters and instead award Trump their electoral votes.
  • enlisting Republican officials in eight states he lost to falsely claim to be the state's electors and cast electoral votes in his favor.
  • pressuring Vice President Pence to exceed his constitutional authority and recognize the fake Trump electors.
  • taking advantage of the January 6 riot to push Republicans in Congress not to certify the votes cast by legitimate electors.

The previous indictments were all vulnerable to the criticism: "You're indicting him for this because you can't nail him for what you really want." This one isn't. The central thing I want Trump to answer for is his attempt to stay in power after losing an election. What's more, this indictment goes to the heart of why Trump can never be allowed to wield power again: He was a danger to the republic in January 2021, and his possible return to power represents a fresh threat to the republic.


Jack Smith appears to have gone to some trouble to streamline this indictment, so that he has a chance to get a trial done before the election. That's why the six co-conspirators are not named or indicted (though they may be later). It's also why Trump isn't charged with inciting a riot, because that would raise Supreme-Court-level issues about the limits of free speech.


John Eastman (a.k.a. "co-conspirator 2") is not waffling any more: He's defending the January 6 riot as a justified attempt to overthrow the government.

Klingenstein asked Eastman whether he would have acted in the same way in 1960 as he did in 2020, referencing the belief on the right that John F. Kennedy stole that year’s election from Richard Nixon.

Eastman replied no, and added that the stakes of 2020 represented an “existential threat to the very survivability, not just of our nation, but of the example that our nation, properly understood, provides to the world.”

The Trump 2020 lawyer went on to reference the Declaration of Independence, saying that “our founders lay this case out.”

“There’s actually a provision in the Declaration of Independence that a people will suffer abuses while they remain sufferable, tolerable while they remain tolerable,” he said. “At some point abuses become so intolerable that it becomes not only their right but their duty to alter or abolish the existing government.”

“So that’s the question,” he added. “Have the abuses or the threat of abuses become so intolerable that we have to be willing to push back?”


The January 6 indictment has overshadowed other important recent developments, like the superseding indictment in the Mar-a-Lago case, or the states that have been going after local conspirators. In addition, Fani Willis' indictment in Fulton County will probably drop sometime in the next two weeks.

and Israel

Two articles I found worthwhile: "What Israel Has Already Lost" by Yair Rosenberg and "I don't recognize the intolerant, illiberal country that Israel is becoming" by Max Boot. The gist I draw from these essays is that the battle for democracy is far from over, but it's not going well.

Rosenberg points to a new willingness to demonize opponents, which he calls "an utter collapse of shared solidarity". Boot's column is an elegy to "the nation I fell in love with" 40 years ago. The current Israel, Boot says, "remains freer than its neighbors", but he "simply cannot support it as unreservedly as I once did."

but you should pay attention to this Republican vision

The Heritage Foundation has spearheaded Project 2025, a collaboration of many conservative groups that has produced Mandate for Leadership 2025. This is sets out to be a handbook for the next Republican administration, and will likely have a considerable influence on the any Republican who wins in 2024, whether it's Donald Trump or not.

There are two main things to know about Project 2025:

  • It would make the executive branch a more perfect instrument of the President's will by expanding the power of political appointees and making more government employees fireable.
  • It would eliminate any consideration of climate change from US government policies.

The intro to the "Taking the Reins of Office" section says:

When it comes to ensuring that freedom can flourish, nothing is more important than deconstructing the centralized administrative state. Political appointees who are answerable to the President and have decision-making authority in the executive branch are key to this essential task. The next Administration must not cede such authority to non-partisan “experts,” who pursue their own ends while engaging in groupthink, insulated from American voters.

So the next time there's a pandemic, Heritage wants a CDC committed to the president's agenda, not public health. It wants an EPA whose top loyalty is to the president, not the environment. This harmonizes with Trump's Agenda 47, particularly with its plans to "crush the Deep State".

The NYT summarizes Project 2025's energy provisions:

The plan calls for shredding regulations to curb greenhouse gas pollution from cars, oil and gas wells and power plants, dismantling almost every clean energy program in the federal government and boosting the production of fossil fuels — the burning of which is the chief cause of planetary warming.

If you want to dig into the details, look at the chapters on the Department of Energy and the EPA. Anything related to climate change is ripped out root-and-branch: Repeal the Inflation Reduction Act, eliminate subsidies for sustainable energy, scuttle standards for energy-efficient appliances, and go full-speed-ahead on fossil fuel drilling, mining, and pipeline-building (in a quest for "American energy dominance" in the world).

These policies are laid out without ever stating an opinion about the reality of climate change or its consequences. It's as if whatever inadequate climate-change-mitigating programs Biden has managed to install are just some irrational fad that it's time to be done with.

Bear this plan in mind if you start thinking that the 2024 election is just about Trump. Project 2025 is the consensus of conservative thinking. If you vote for any Republican for any office, this is what you're voting for. If you decide to stay home or vote third-party because the Democrats aren't inspiring enough, this is what you're acquiescing to.

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When a state legislature is as gerrymandered as Ohio's, a ballot initiative is really the only chance the People have to make their will known. In an election tomorrow -- one specially scheduled to get a low turnout -- Ohio Republicans are trying to shut that avenue down.

Issue 1, which Ohio Republican legislators put on the ballot, would make future ballot measures to change the state Constitution harder to pass in two key ways. If it’s approved, citizens who hope to put amendments to the voters would first have to collect signatures in each of the state’s 88 counties, up from 44 now. And to pass, constitutional ballot initiatives would need to win 60 percent of the vote, rather than a simple majority.

The measure’s import may not be immediately clear to voters, but it’s meant to thwart a November ballot initiative that will decide whether reproductive rights should be constitutionally protected in Ohio, where a sweeping abortion ban is tied up in court.

Republicans know they can't win this vote on the merits, so instead they've launched a confusing campaign implying that this measure has something to do with protecting your children from "trans ideology".


Remember Justin Jones and Justin Pearson, the two Black lawmakers who were expelled by the Tennessee legislature in April? They were each reinstated by local councils until a special election could be held. Those elections were held Tuesday, and both won reelection. Jones got 78% of the vote in his Nashville district, and Pearson got 90% in his Memphis district.


Is the Gulf Stream about to collapse, as The Guardian reports? Well, no. Some system related to the Gulf Stream might stop working, but not the Gulf Stream itself. Skepchick explains: The report results from a confusion between the Atlantic meridional overturning circuit, which is slowing and could conceivably stop, and the Gulf Stream, which isn't in danger of stopping.

Now, the AMOC stopping would have serious consequences. But it's not the Gulf Stream.


Another skirmish in Florida's fight against education: It briefly looked like AP Psychology courses would have to be withdrawn from the state.

According to the College Board (which created the curriculum and administers the test for AP credit) "how sex and gender influence socialization and other aspects of development" has been part of the course for 30 years. But the Florida Department of Education had told superintendents that "teaching foundational content on sexual orientation and gender identity is illegal under state law". The College Board announced that if the whole course couldn't be taught, any mention of "AP Psychology" would have to be dropped from student transcripts.

Friday, Florida backed down, sort of.

The future of the course appeared to be in jeopardy until, late Friday, Florida Education Commissioner Manny Diaz, Jr., informed school superintendents that students will be able to take the class “in its entirety” but only if the course is taught “in a manner that is age and developmentally appropriate.”

Nobody knows yet what that means, but it seems to me to place the onus on Florida teachers, who will have to stake their careers on their interpretation of this vague guidance.


Grist examines the downturn in the plant-based meat market. Not so long ago, beef-like patties from Impossible Foods or Beyond Meat seemed like the next big thing. But rather than exploding, sales fell 8% in 2022.

Several factors are in play here: high costs (compared to actual beef), whether or not the taste is convincing (opinions vary), and an increased focus among health-conscious consumers on avoiding ultra-processed foods (plant-based meat derives as much from labs as from farms).

Personally, I experimented with imitation beef exactly once: I used it to replace the ground beef in a spaghetti sauce. I knew I was in trouble when I started browning the "meat", and my housemates' dog didn't come over to investigate.


About those ultra-processed foods: The New Yorker's Adam Gropnik paints a more ambiguous picture: He agrees that a lot of what we buy in the store includes unhealthy ingredients, but "processing" is largely in the eye of the beholder.

The history of humanity is the history of processing foodstuffs—by fire, by smoke, by pounding and pulverizing—and it can be hard to find a boundary between those ever more hallowed traditional kitchen practices and the modern ones that we are asked to condemn.

Many of the substances that look suspicious on an ingredient list are as close to "natural" as ones that we instinctively trust.

why is guar gum, extracted from one seed, any more artificial than cornstarch, extracted from another (originally by means of a method patented in the eighteen-fifties by a British industrialist)? Some version of carrageenan, which comes from the seaweed Irish moss, has been used in cooking for centuries; Great-Grandmother certainly used the lecithin from egg yolks, if not from soy oil, to emulsify her sauces.

and let's close with something oracular

This game has been around for a few years, but I just noticed it. You can get your "Florida man horoscope" by googling "Florida man" and your birthday. Here's what I get for mine: "Florida man wearing nothing but cowboy hat attacks woman with machete: police".

Like the positions of the planets when I was born, I'm sure this says something important about my character and life course.