Wednesday, November 25, 2020

Completely Lost The Script

We Almost Blew It, Too

“The people outside that room were doing exactly what the law says you would eject people for doing — they were disrupting the election,” 

Thomas said. “Everyone else in the room — the Democratic Party, the Republican Party, the ACLU, the nonpartisans — they all still had a full complement of challengers in the room. And the Republicans, by the way, had far more challengers in the room than they were entitled to.” Thomas said many Republican poll challengers had not gone through the proper training and were there for the wrong reasons. 

 “Reading these affidavits afterward from these Republican poll challengers, I was just amazed at how misunderstood the election process was to them,” Thomas said, chuckling. “The things they said were going on—it’s like ‘Yeah, that’s exactly what was going on. That’s what’s supposed to happen.’”

Aye, there’s the rub.  Ignorance is bliss, but it’s also anathema to governance.  This sounds like people in court, clients of mine, who thought the court operated like it does on TeeVee or in the movies.  It doesn’t at all, but people don’t understand that and think they are aggrieved and denied “justice” usually because they don’t win.*

Sound familiar?  The problem comes when the courts aid and abet that miscarriage of their purpose.  Which is not what happened in the courts this time; but it did happen among the politicians, who despite their caricature (which many live up to), are supposed to be guardians of the system just as judges and lawyers should be (Sidney Powell notwithstanding).

All we can do going forward is insist the competent guardians have the power government gives them and which we need government to have.


*There’s also a lot of ignorance in how the legal efforts of Trump are being reported; but that’s another problem altogether.

Tuesday, November 24, 2020

“An Overall Suit”

Might as well be a suit made of overalls, for all the sense it makes. Giuliani is grifting the grifter.

The only mystery is what’s in it for Giuliani.

The Beatings Will Continue Until Morale Improves

The Gyres! The Gyres!

Never mind. Apparently Trump bragged about the DJIA.

 Or he was trying to distract us from this:

Excuse Me While I Stop Worrying...

...and feel quietly proud for my country again.

Nothing Has Changed

We're just paying more attention now. And even that isn't the "seismic shift" we all want it to be. Paying attention and actually acting, are two very different things. That's why Jesus didn't say "Think nice thoughts about your neighbor," but said: "Love your neighbor." Actions speak louder than words.

A Mind Is A Terrible Thing To Waste

Paul Gosar Reminds Us

...that the preparation for Trump was a deep and serious one.

And that it’s just baked into the American pie 🥧.

It’s All About The Benjamins

I’ve given up doing/reading the legal analysis. You can’t do that and understand.

“Follow the money.”

The Bride At Every Wedding

The corpse at every funeral.

Monday, November 23, 2020

Oh Dear

What will we panic about now?

When You Hand The Court Lemons

So you know, it's not just you:

I Am Officially And Completely Bewildered

The Trump campaign is trying to get its case to the Supreme Court, but it doesn’t want the Court to do anything when it gets there.  The purpose is obvious:  they want to prolong the grift for as long as possible.

Strike the title:  I’m not bewildered anymore.  I’m enlightened.

Giuliani is getting something out of this besides the publicity.
This could mean simply barred from practicing in the courts of those states, especially where Federal Courts are concerned.  Not necessarily losing all rights to practice law, although I’d support that, too.  This kind of abuse of process must be rejected entirely.

Let The Reader Understand

Just to be clear: “We, The People” does not have legal standing in any court in the land. Nor do they need legal representation. Period. Sidney Powell is a former prosecutor. She is now a megalomaniac.

Sunday, November 22, 2020

ETTD

This sounds exactly like what I’d expect to hear on the playground. From one party, anyway.

One still expects adults to behave like adults.
The answer is "No."

PA Update

It’s all about “Be careful what you asked for.” The judge’s opinion made clear the case was limited to what Trump asked for in writing, which did not include the “nationwide fraud” claim Giuliani made in the hearing 

The More Things Change

"Socialism” is what’s left of Communism. At least it’s meant that way. But yeah, there were people in Texas not wild about JFK. Somehow they managed to spread that word without even an inkjet printer. 🖨 

Follow The Grift

The article says Trump wants control of the donor lists because he built them over four years. And because he wants to control the party. The first part is probably true; but not the second. Trump wants those lists for the grift, which he’s already engaged in. His fundraising for his legal ventures is already going almost entirely into his pocket. Why stop now?

Some Day My Prince Will Come

And yet every time your lawyers have gone to court, they have denied that case is a fraud case.

So, “Where’s the beef?”

The Heart Of The Matter

It’s all about Trump. Everything else is non-existent. QED (with context).

Please Make It Stop

This seems to be what he meant.

Trump Before The Bar

SNAFU

And While We’re On The Subject

The courts will do this when pigs fly and the sun rises in the west. So, stay tuned.

Pro Tip

If (HUGE if!) this case got to the Supremes, the only possible relief would be a remand to the trial court to hear evidence.

And by then the case would be moot.

NOTE: This applies to any case Giuliani could appeal, as all of them have been dismissed.  It’s over. It’s also a dead letter.

Saturday, November 21, 2020

“Follow The Money”

Cognitive Dissonance Is Real

or: It’s Only Bad When You Do It

I Remember George Wallace

He made a political career out of inveighing against D.C. He taught Newt Gingrich everything he knows.

The entire GOP is lower than George Wallace.

I'm Pretty Sure I Predicted This Number

I'm just too lazy to go back and find it. And honestly, the judges can just paste the language from this order into their orders. It says all that needs to be said about the Trump campaign "legal theory" (which is neither legal nor in any way a theory. It's not even a wild conjecture): Regarding this, I'm only surprised it didn't make it's way into Sidney Powell's "legal" (only because a lawyer is making them) arguments: I still don't know what's stopping her. And, as long as I'm here, looks like those MI politicians didn't go to the White House to tell the President they wouldn't break the law. They actually went representing their constituents (you can't blame the rest of us for being surprised!): I'm guessing Trump has lost McConnell's phone number. And yet 33 judges (or more) and most of America seem to have managed to. It will probably be 50 judges before this is over.

Journalism

Really, NYT? Really? That's the best way to say Trump once again lost a suit he never should have filed? In a contest no President in the history of the country has ever engaged?  But "objectivity" requires you normalize this nonsense?

I'll retire to Bedlam.

Friday, November 20, 2020

Another One Bites The Dust

And still nothing is "apparent" to the head of the GSA.

Because It's 2020

Says Who?

For the white people? What about the Asian-Americans, blacks, and Hispanics/Latinx who voted for Biden? What about the 80 million Americans who voted for Biden? Does the minority have to understand the majority?

There is a serious issue in this country of minority rule. It is perceived by some whites to be the "dangerous" claim of non-whites to a measure of power. It is a serious issue of the demographic reality that this is, or soon will be, a "minority-majority" nation, which already puts the notion of "minority" in the category, again, of "non-white." The British colonial system was built on the idea that the minority did not have to "understand" the majority, just rule it. And they didn't expect the majority to "understand" the minority, either; just respect their power and right to rule.  That claim is still being made, but now it's being made in this country.

The idea that there is widespread fraud in the American electoral system because a majority of voters defeated a minority of voters at the polls is a pernicious undermining of democraticy governance. We, the majority, don't have to treat the minority the way the South was treated during Reconstruction (nor is such an historical offense in the offing), but neither do we have to consider their delicate feelings, or their insane rantings. Despite cries of "fraud" before microphones, every time a suit is brought claiming electoral misconduct, the claims of fraud (a legal term, by the way, not a generic one, at least where matters of governance are concerned) are never even asserted. What guiding principle is this? Lies and demagoguery and misrepresentation and false allegations with no basis in fact at all, are not "guiding principles" which must be respected and considered and given any validity.  Beliefs that have no basis in reality, claims that dead heads of state are corrupting "mysterious" computers in conjunction with philanthrophists and foreign powers and American citizens, do not need to be treated as "guiding principles."  They are based in delusion.  I don't have to condemn people like this:

A distraught supporter of President Donald Trump on Friday told right-wing talk radio show host Rush Limbaugh that he was willing to “die” for the president.

 The caller began by saying he would “try to hold myself together and not get emotional” before choking up and spilling his guts about how upset he was about the Republican Georgia secretary of state admitting that President-elect Joe Biden had won his state.

“Trump and you are all we have left, Rush!” he said. “We’ve spent our lives voting for these people because they’re not [Democrats]. And we just can’t do it anymore! We’re tired of being stabbed in the back!”
But neither do I have to understand them. Because I literally don't understand them.  Rick Wilson is typically hyperbolic in his criticism (and he's speaking of the Giuliani press conference), but he more lucidly and accurately describes people like the man who called Limbaugh:  “like a cabal of mad priests of a dead religion worshipping their fallen god."  How else do you explain a wish to "die" for a President?  What madness is this? I have sympathy for the mad; but I don't have to find some sanity in them.  I can find some humanity; but I don't have to find a place for them at the table of governance, or consider their madness a "principle."

Journalists should do their job to report news.  They already, all too often, reflect obeisance to the powers that be.  Trump has been a liar since day one of his administration.  The Washington Post kept track of his lies until they became too many to count.  Only since November 4 will the press now call Trump's lies "unfounded" and "without evidence" on a regular basis, because he lost the election.  He's a lame duck, a wounded animal, there's blood in the water, and now the buzzards aren't afraid to circle.  Did any journalist try to "understand" the majority of the people who, for four years, found Trump unfit for office, who consistently disapproved of his job performance?  Or did they just relentlessly bend the knee because trying to understand "their beliefs, their guiding principles," was not part of the narrative.

And now it is?  Says who?  And now our journalists must act as priests, as pastors, and shepherd the national flock?  Who the hell do they think they are?

The Countdown Has Started

“No Level Headed American...”

And here’s the evidence! Except I’ve encountered people like this all my life, especially on the intertoobs.  I finally decided that, like the poor, they will always be with us. Despairing over that fact won’t change them and will only make you miserable. “Level headed,” like almost everything else, is a matter of opinion.

Only If You Want To Be Sure...

...no one touches the vaccine with a club.

The End Of The Line

The fight isn’t over. It never got started.

White Privileging

We all need to be more sensitive to their delicate fee-fees. The poor snowflakes. ❄️ 

“Elite Strike Force Team”

The only votes that were bad are the ones for Biden. But the only “leader” who counts is Trump. The remedy requested here is to simply declare Trump the winner and leave the other races alone. It’s as absurd as it sounds. The fraud or malfeasance or maladministration only affects Trump (he has no standing to affect the other races) and means Trump was harmed because voters got to follow PA law. That’s the problem: they’re asking the court to rewrite PA law. Basically the problem is people who voted got to correct their ballots, and presumably all those people voted for Biden, and Trump is harmed because he can’t discard those ballots, and the only cure is to declare Trump the winner. Not canvass the ballots, or assess which ballots were “improperly” amended, and tally the “legal “ ballots, but just give it to Trump.  “Ya Honor, if dat ain’t justice, what is?”

I take it back: they aren’t asking the court to rewrite the law. They’re asking the court to ignore the law and the election and give it to Trump. Because Trump shoulda won! “Elite strike force team,” donchaknow?

(And of course, if PA’s votes are NOT certified, the electoral college is merely reduced by the number of PA’s electoral votes; and Biden still wins. Trump cannot win, no matter what he does.)

As A Matter Of National Security

It is time to disband the GOP. By statute, if we must.

Thursday, November 19, 2020

The Rudy Giuliani School of Law

The following is not technically a Trump suit, as it was brought by a private party. Georgia is expected to certify their vote tomorrow. My guess is motor oil.And to enjoy that dismissal in Georgia, this happened in that hearing: Why Trump Is Not Leaving D.C. for Thanksgiving: He might as well go to Florida. That's not a thing.  It's opposed by the Constitution, Federal statutes, and state laws.  He really doesn't have the powers he thinks he has.

"F*ck Your Feelings, Snowflake!"

Will the court reverse that certification, on the basis of one witness' testimony? That would be: no. I know these are elections suits, with very tight timelines, or they become moot; but that is head spinningly fast. And ending, again, on a lighter note:

Dead Men Voting Controlling The Vote

Is he that good an actor? Or that much a fool? 🤔 Both can be true; just ask Q-Anon. But that's how devious it is! Even the hand-count was fooled! I actually take that analysis quite seriously. It fits in with a sense of spiritual loss/emptiness that I think lies at the heart of much of modern life, and has for centuries. Kierkegaard diagnosed it in 19th century Denmark. Very little has changed. 

And for those of you who think a brief trip through some facts might be refreshing: You can bad mouth the courts if you like. At the moment, they are going to save us. And yet they haven't proved it, and they can't prove it, where it might matter: in a court of law. Elections are not decided in the court of public opinion; neither before the election, nor after. Which "Republican state legislator"? Not only anti-democratic, but openly fascist. Huh. He's got a point. Sunshine is the best disinfectant, and these are public officials. And if only because: Sadly, yes. I was just watching the latest season of "The Crown" (and yes, I know it's not a documentary!). Margaret Thatcher has a role, as it covers the period of her 11 years as PM. Toward the end, as it's clear she no longer has the votes, she gathers her party members one by one, and each says he is loyal to her; but, she doesn't have the votes. In the end, she didn't. So the last we see of her is as she leaves 10 Downing Street. She tells the Queen (this part is probably purely imaginary) that being PM is the only thing she is passionate about. She really doesn't, IOW, want to leave. She does, anyway. She retires to live in another city (not London), etc. NEVER thought I'd hear/read David Frum saying/writing this. "In a more democratic culture." Aye, there's the rub. Culture and spiritual malaise walk hand in hand.

Fallout

"I've got evidence! I'VE GOT EVIDENCE!" I have in mind almost every GOP public officeholder at the moment. And a few lawyers. Meanwhile, calling the board members didn't work, so:

But He Plays One On TeeVee!

 When I was practicing law (this anecdote will tell you how long ago THAT was), I attended a CLE (Continuing Legal Education) where a speaker at the lunch break, knowing how dazed we were by the morning's events and then the forgettable meal, played a clip from "Matlock," the then popular TV lawyer show starring Andy Griffith.  Matlock was in the courtroom, being challenged to present evidence for something he'd just declared to be true.  "Oh, I've got evidence.  I'VE GOT EVIDENCE!," Matlock declared as he waved a sheaf of papers in the air.

The room exploded in laughter.  Nothing like that ever occurs in a courtroom.  You can't argue your case through your lawyer, not in the middle of the trial when evidence is being taken.  And you can't declare you "have evidence."  It has to be presented according to the rules of evidence and procedure.  Trials are, in fact, Andrew Sorkin notwithstanding, very dull proceedings that even judges (I've seen it!) struggle to stay awake through (especially when the judge expects the jury to pay attention, so he doesn't have to).

Rudy Giuliani is a TV lawyer, not a real one.

OTOH, the other lawyers are not any better:

It would change the results if we took out California, too. Or Arizona, Georgia, Wisconsin, Michigan. There is no legal vehicle for doing that, though (aside from the blatant racism). I had no idea Giuliani was this insane. BWAHAHAHAHAHA-HAHAHAHAHAH-HAHAHAHAHA!! Whew! Wait a minute. Lemme catch my breath. And he hired these clowns to do that? By the way, this is important: Because: He'd better hurry. And get his stories straight. Not that he can do anything in Georgia anyway. Meanwhile, Rudy's performance draws attention to the important things: When the most important thing is how thoroughly incompetent and embarassing these people are: Sombeody doesn't understand the legal process, and it appears to be the lawyers at the microphone. Truth still hurts, huh, Rudy?  Before we go, let's get a few more details of this trainwreck on the record: Repeating myself from earlier: affidavits ain't magic beans: And this is why they are losing in court after court: And when they aren't dismissing their own cases, their cases are being dismissed. If you can't get to a full trial, the fault is in your case(s), not in the legal system. Of course he was. On the other hand, Giuliani was right; we are headed to a very bad place.
It does, actually.

Chaos? Or Made To Order?

So, is this situation:

1) Trump throwing a temper tantrum?

2) Trump trying to bend the system to his will, including the GOP?

3) A long planned scheme of the GOP?

Some in the article say 3 is correct. Seems far-fetched, but why is the GOP kowtowing to Trump? Georgia (the runoff)? Fear of his base? (I don’t buy this one. Out of sight is out of mind, especially in politics). Fear of tweets? They know Trump can’t win, that he’s already lost. Is this a scheme? Seems unlikely, but why not? Too conspiratorial? Too devious? Too many people to keep such a secret?

Still, the GOP insistence on voter suppression for decades is undeniable. Lindsay Graham is on record saying the GOP has to win this election or never win the Presidency again. Hyperbole? Or fear? What drives voter suppression, except fear? Is there a plan, and Graham is saying the quiet part out loud? Why did he call the Georgia SOS and ask about vote counts and suppressing ballots? Idle curiosity? Hardly likely.

Is the GOP really willing to burn the village down if they can’t rule it? Considering the actions of Mitch McConnell for the last 12 years, his singular focus on judges, his complete indifference to any relief for a country buckling from the complete failure to contain Covid; and now the Senate is in recess for 12 days, what other conclusion can be drawn?

This is not a concatenation of circumstances. It is the culmination of them. Their number didn’t come up on the wheel, so they’re trying to overturn the table and steal the winnings they didn’t earn.

What other conclusion can there be?

Or it’s that circumstances in Trumpworld are worse than we can imagine. or Trump is: One explains the GOP; the other explains Trump. It probably is at least that complicated.