— Bad Legal Takes (@BadLegalTakes) August 30, 2022You don’t decide whether you are dead; others do. (One more reason “my death” is not possible. Why would I ever agree to it?)
"I would like to say 'This book is written to the glory of God', but nowadays this would be the trick of a cheat, i.e., it would not be correctly understood."--Ludwig Wittgenstein
"Life can only be understood backwards, but it must be lived forwards."--Soren Kierkegaard
Tuesday, August 30, 2022
Guilt And Death π
The Theology of Scarcity
Pretty sure it wouldn't anywhere. Texas has a statute barring pornography from being distributed or shown to minors. It's language tracks the Supreme Court rulings on what pornography is, and it ain't what upsets a few ladies who read something about it on Facebook. So despite this case is out of Virginia, I would expect it to be replicated across the country, sooner or later.First called semi-fascists, then thwarted in their efforts to sue comic books. Rough week for the Real Americans. https://t.co/vytkK3fsUe
— IrreparablyCompromisedHat (@Popehat) August 30, 2022
At a meeting [of the Texas State Board of Education] to discuss the social studies curriculum for K-12 students, one woman identified herself as a mother named Jenna."You refer to our flag, bonnets and mockingbirds as a significant symbol to a Texas community," the mother opined. "No, these are emblems of identity and instill pride and connection with our home."She said that learning about "the importance of collaborating with various cultures" was inappropriate because children should learn about their own "culture" first."This revision wants to teach a first grader who is still putting notes to the tooth fairy under her pillow about following Gandhi's lead to a peaceful protest," Jenna gasped. "A first grader! CRT is already rampant and baked into our curriculum and we don't want to be good little global citizens where are borders are considered a military zone.""It's a border and it's good!" she exclaimed. "Teach that. This is the land of the free, home of the brave. Be brave!"State Board of Education Member Marisa B. Perez-Diaz observed that the witness had been unable to point to specific Texas Essential Knowledge and Skills (TEKS) that contain the standards that she was complaining about."Be specific about what you're talking about so that we understand that you actually have a legitimate concern or it's not something you're just hearing and reading and repeating," Perez-Diaz advised. "I guess I want to understand what on the history of how borders were created do you know about?""I'm not an expert," Jenna shot back. "I don't appreciate your, um, belittling. I didn't come here with a Ph.D. and I didn't come up here as an educator or somebody on one of these work groups. I'm coming up here as a parent."Perez-Diaz insisted that she was not belittling the parent."You just told our chair that you'd read it somewhere or you heard it, you don't know," the board member explained. "And that is not a belittling. I'm just acknowledging what you have yourself said."ds
Let me start with context here: the Texas State Board of Education is an elected body from single member districts across the state. Granted, most Texans don't know we vote for these positions (you should see the typical state ballot; we elect everyone from street sweeper (well, if feels like it) to Governor. At the county level alone we elect multiple county court-at-law and district judges, as well as justices of the peace, constables, sheriffs, municipal court judges, up to Court of Appeals judges, Supreme Court judges, and Court of Criminal Appeals judges. And that's just the judiciary. There's also the Railroad Commission, the Secretary of Agriculture, the State Board of Education, the General Land Office, the Lite Gov,....and on and on and on.). But we do. And that shows in this record of one part of one hearing. It's kinda like a statewide school board, but with the power to tell local school districts what to teach, and local school boards what to do. And then you get this nonsense.
I actually heard something similar to this in comments at a local school board meeting earlier in the summer. The same mindless appeal to "CRT" is a shibboleth empty of meaning but charged with menace. Nothing about the borders, though; although I find it to be a truism that the farther one is from the border (Texas' border with Mexico is the longest of any state), the more one is afraid of what goes on down there. There's a whole literature, both sociological and literary, about borders and how they represent "dangerous" places where all the "wrong things" happen. My experience is borders are the most interesting places, where barriers between nations, races, tribalism, etc., break down rather than harden into walls.
This lady clearly wants more walls.
I titled this "The Theology of Scarcity" because this woman's diatribe is fine example of that idea. It's the idea that there isn't enough to go around, so we need to horde what is ours and preserve it. It's also the idea that what "we" have is under attack, is threatened, and will be lost if we don't preserve it.
"You refer to our flag, bonnets and mockingbirds as a significant symbol to a Texas community," the mother opined. "No, these are emblems of identity and instill pride and connection with our home."
She rejects there all notion of a "Texas community," because that community includes Mexicans and Texicans and blacks and, now, 50 years after Vietnam (the war, I mean), Asians of different descents (Vietnamese don't consider themselves Japanese, if you know what I mean) as well as whites (who still divide into rednecks and roughnecks and upper and lower economic classes, etc.). I have no idea what "home" she is trying to identify with, but I doubt I'd be welcome there, lily-white as I am. I assume I'm too educated, for one thing.
And I just like mockingbirds (well, not that much; we called 'em "catbirds" when I was young, because they love to harass cats in the open. They have kind of a nasty attitude, do mockingbirds. Worse than jays.) and bluebonnets (actually more native to south Texas. I hardly saw 'em in the wild until I moved to Austin, where they are more common. More common now because of Lady Bird Johnson, but I doubt Jenna would get that connection, either. Lady Bird championed wildflowers in Texas, going so far as to get a ban on mowing along state roads and highways in the spring, when the wildflowers bloom. We're all the better for that, too. Community, you see.) Jenna wants none of that. She wants her tribe preserved like a lost tribe in the depths of the Amazon, because she's afraid of what she'll lose if she doesn't concentrate on the scarcity of what she has.
"It's a border and it's good!" she exclaimed. "Teach that. This is the land of the free, home of the brave. Be brave!"
She's just made it clear the border is good because it is militarized; which would be a surprise to people on the border, who are growing weary of the disruptions to daily life brought about by Abbott's free use of the National Guard to stop and inspect cars and trucks plying their daily business. But she's also saying this is the land of the free because of the brave, which would shock the "Founding Fathers" who more or less agreed freedom came from free people, not from a quasi-military state and soldiers standing along the borders.
I'm guessing Jenna isn't as concerned with the Canadian border. Not enough brown people there, at least in her imagination.
Scarcity means there is never enough, and what there is already is soon to be lost if it is not physically protected and ideologically guarded, if it is not ringed with armaments to prevent intrusion, and constantly restored to prevent erosion. It's really no different an ideal than the one that fired Plymouth plantation; and it always ends just as Plymouth did: with the borders between "us" and "them" dissolving as not enough of "us" see a reason to avoid "them," and the compelling ideas that founded "us" seems less compelling over time and to younger generations, and pretty soon the walls protect an emptied space inside. Scarcity eventually creates scarcity, and from that cries its point proven.
And it is, isn't it?
"I'm not an expert," Jenna shot back. "I don't appreciate your, um, belittling. I didn't come here with a Ph.D. and I didn't come up here as an educator or somebody on one of these work groups. I'm coming up here as a parent."
It's not that Jenna is not an expert. But her use of the term "parent" indicates, again, she is trying to protect her children from a world that is not exactly like her. Plymouth plantation becomes the metaphor, here. Established to be apart from the world, it could not hold on to those who did not choose that kind of isolation. Abbey Gethsemani springs to mind (a friend who lives in Louisville related a story of a recent visit there; he and I visited together decades ago). Abbey Gethsemani thrived before Merton, and remains after, because the people there choose to be there: to be cloistered, to live apart from the world, to maintain a world within the walls and live by that world's rules. Think of the Abbey as an example of the theology of abundance. I told my friend of the Lovely Wife's new interest in beekeeping. He mentioned he met the prior of the Abbey on this last visit; and he's also the beekeeper for the Abbey. He does it without even a mask (beekeepers tell me that's really all the cover you need. Bees go for the face, because their biggest threat is bears, and the face is the only part vulnerable to bees.). I don't know how the Abbey supports itself; I presume they sell honey, among other things. Most monasteries have some trade with the world.
Drifting back to the anchorites of medieval Europe, the most extreme of the cloistered sets. They literally underwent a funeral service and were treated as "dead" to the world; and spent the rest of their days in a cell, "anchored" to God usually by living in a small room inside a church. Visitors could come and speak to them, ask for prayers, receive spiritual guidance and counseling. So they had renounced the world, but not people. Plymouth plantation wanted to renounce the world and build a new one with select people. But then the people selected the world, and the whole thing dissolved. Jenna can, if she really wants, establish her own world for her family; but she can't make the rest of the world conform to her fears and insecurities. The theology of scarcity always runs up against that problem: that the world refuses to participate in their anxieties.
Is the theology of scarcity the way of the world? No. The birds that come to my backyard feeders don't despair if I let the peanuts run out on the tray, or fail to refill the seed. They come back when food is available again. They eat what is available, and find other food or just stand by, until it is available again. People grown anxious. People fear scarcity. People create most of the troubles they have. People draw lines, create borders, insist none shall pass and that only their family shall know what is to be taught. For them other families have no reality, are even a threat to be blockaded.
Perez-Diaz added: "My point in asking you the question about borders is that is a clear example of why we need the standards the way that they have been written because this country did not always have borders. This country, we're sitting on stolen land."
Members of the audience erupted at the mention of "stolen land," forcing the chair to call for quiet.
"That isn't something that is in the standards," Perez-Diaz noted. "But what is in the standards is understanding our indigenous roots and understanding how indigenous communities have been impacted and those sorts of pieces of our history are very important."
"And so, again, I ask, what do you remember about learning about indigenous histories?" she wondered.
"I don't remember very much about indigenous histories," the witness admitted. "I'm sorry I can't answer your question about what I learned about indigenous communities and the border. I know our border is open right now and thousands are flooding over!
I have a pretty good idea what Jenna learned about indigenous histories, because it's the same thing I learned: nothing. I learned about Columbus and his enslaving of native peoples here when I read excerpts from his fellow traveler's book, in a Norton Anthology of World Literature for a course I taught. That was not so many years ago, and the book itself was written in the late 15th century as a stern moral warning to the Spanish crown. Gold, of course, was more important, so the moral lesson was lost. But that text existed for over 500 years and if I hadn't been assigned a World Lit course to teach, I might still be ignorant of if.
So much for my "education."
A patch of ice, and it doth not a winter make; but it's a simple example of a much larger problem, one Ms. Perez-Diaz is keen to remedy, and good for her. Texas history alone has been so whitewashed for so long that any mention of the importance of non-whites in Texas history will still make members of the audience erupt, and force a call for order. But the theology of scarcity insists "our border is open right now and thousands are flooding over!" The theology of abundance, the fundamental behind the teachings of Jesus of Nazareth, of Moses and the prophets, is that there is plenty for all, and our highest calling is to share in joy, not horde in fear.
Surely joy is greater than fear, and better.
“Undoubtedly Another Delaying Tactic”*
*that seems to be the only way the pundits can frame Trump’s court filings. “Bizarre,” “groundless,” “futile,” or “idiotic” are apparently not “objective” enough.“I wish nothing but the best for Kise, but hope is not a strategy when it comes to working for Trump. I hope he has a good contract,” said one attorney who has represented the former president https://t.co/koYv8GKds4
— Maggie Haberman (@maggieNYT) August 30, 2022
"All Others Pay Cash"
I still want to see some posters with the added "All Others Pay Cash" at the bottom. But a rainbow flag and in Arabic? *chef's kiss* as the kids say.*Parent: The state passed a law requiring schools to accept donated "In God We Trust" posters and display them, so here's one written in Arabic and another with pride colors
— Peter Bonilla (@pebonilla) August 30, 2022
School: Wouldn't you know it we, uh, have all the posters we needhttps://t.co/Z9kbw7S5UP pic.twitter.com/oBmk8EJIle
The Excuses Are Already In Re-Runs
And that's why Trump has a hearing in a civil case he brought to get those documents back? Because the FBI planted them in the first place?Ronny Jackson was on Fox News this morning suggesting that the FBI planted evidence at Mar-a-Lago pic.twitter.com/myLGh7Q9xe
— Aaron Rupar (@atrupar) August 30, 2022
When You're Not A Lawyer But You Play One On TeeVee
Turns out that the arrests of 20 people for voter fraud by Desantis, made with much fanfare and bluster, may be already falling apart because the statue requires you “knowingly” violate the law, but state elections officials had certified them as eligible. https://t.co/D2uzW1ZrOn
— Ron Filipkowski πΊπ¦ (@RonFilipkowski) August 30, 2022
The first round of defendants are charged with voting while ineligible, a third-degree felony in Florida. This law applies to any voter who casts a ballot “knowing he or she is not a qualified elector.” In other words, prosecutors must prove (to a jury, beyond a reasonable doubt) that the defendants knew their votes were illegal. Clearly, they had no such knowledge. Election officials told them they could vote, and provided them with all the tools to do so. DeSantis likely hoped they would agree to a plea deal, but voting rights lawyers have already stepped in to ensure that they will fight the charges in court.
And here's the fun part:
Perhaps the governor won’t mind when the criminal case against these voters falls apart. His intention, after all, was to create a chilling effect on others’ rights, frightening eligible residents out of trying to vote. He has put a target on the back of every Floridian who was supposed to regain full citizenship under Amendment 4. Plenty of formerly incarcerated people might look upon this episode as proof that it is not worth attempting to rejoin the electorate. Even if every defendant is ultimately acquitted, DeSantis’ quest to prove that he can undermine democracy just as viciously as Trump remains intact.
That may win enough hearts and minds in Florida to keep DeSantis in the governor's office. But the general electorate actually seems concerned with the state of democracy in America; and DeSantis' track record won't be something he can hid.
Does Trump Speak For The GOP, Or Not?
I’m not sure Biden’s statement has much news value left. Trump continues to be our man on their side.Moments after Trump just demanded that he either be installed as president or a new election be held immediately, Fox News is taking aim at Biden for saying this: pic.twitter.com/1eX8esTwKY
— Justin Baragona (@justinbaragona) August 29, 2022
Monday, August 29, 2022
What If You Had A World Changing Event And Nothing Changed?
Or you were the tree that fell in the forest that no one heard?How long is America going to endure the oppression of Big Big Duck Duckhttps://t.co/q5btukPYWk
— IrreparablyCompromisedHat (@Popehat) August 30, 2022
Because It’s There
VERY demonstrably false.“They say it isn’t, but our company is actually up [made up quantifiable statistic that is demonstrably false].”
— Heath Mayo (@HeathMayo) August 29, 2022
What an idiot.
Then again, if Trump told me it was raining, I’d stick my head out the window. I certainly wouldn’t believe him.Truth Social is owned by Digital World Acquisition Corp., which is publicly traded, so not hard to find out that Trump's representation is off by, ohhh, 567% give or take https://t.co/1ho47OAZNE pic.twitter.com/x9ipUEr34U
— Owen Barcala (@obarcala) August 29, 2022
FoxNews Will Have The Vapors All Over Again
And then do what? Defend what Lindsay Graham said?The White House says Senator Lindsey Graham's threat of "riots in the streets" should the Dept. of Justice decide to prosecute Donald Trump proves President Joe Biden's label of "semi-fascism" for the "MAGA Republicans" is correct.pic.twitter.com/f8plA2vcsU
— David Badash (@davidbadash) August 29, 2022
"Old Rocky Face, Look Forth!"
So I'm back to my question: "Why wasn't "America being tested" in the civil rights struggle? Or the anti-war movement, both of which roiled the streets of the '60s. Well, some of the streets; and a few of the campuses. It was 1970 before that "ferment" reached Kent State, where none of the anti-war protestors (a minority of the students) were shot or killed; and where all the National Guard soldiers were excused because the students were either doing bad things (protesting an illegitimate war) or just being in the wrong place at the wrong time (on their college campus going to class). No, none of the students doing "bad things" were shot, but guilt by association supported the law enforcement-military power structure, so, you know; that's fine.The whole thread, but especially thisππΎ https://t.co/MvJ1WPnuF9
— Asha Rangappa (@AshaRangappa_) August 29, 2022
"That's So Fetch!"
Because if they don't, THERE WILL BE RIOTS IN THE STREETS!I’m super excited to see republican candidates embrace this idea. pic.twitter.com/oDrX7Y5BIg
— Rick Wilson (@TheRickWilson) August 29, 2022
A New Twitter Drinking Game!
Or maybe just a running scorecard. And the eternal debate: does it count if somebody pontificates on it on Twitter/cable TeeVee? Or does it only count if there is a FBI investigation of it? Or, more restrictively and accurately, if Trump is actually charged with it?Federal prosecutors have a legend about "doing all 18," about a hypothetical person who manages to violate every criminal provision of Title 18 of the United States Codehttps://t.co/2plzxHPeEM
— ChanceMeetingHat (@Popehat) August 29, 2022
"OR THERE WILL BE RIOTS IN THE STREETS!"*
*The new "boy who cried 'Wolf!'."Trump is calling for a new presidential election “immediately.”
— Vaughn Hillyard (@VaughnHillyard) August 29, 2022
Mo Brooks told us earlier this year that Trump was urging him to pull off such an effort to subvert the Constitution as late as last year.
22 months after the 2020 election, Trump puts it down in his own words. https://t.co/cZ7s6hGzOX pic.twitter.com/HkgwKfuwJe
Me, too. Everybody demand to be President! It's the only way we'll make this work!I also demand that I be declared the winner of the 2020 election since that’s something you can do now
— Acyn (@Acyn) August 29, 2022
The Fix Is In
The fine print there (well, it is fine print to these old eyes) is that the Court has set a hearing on a motion to appoint a special master, and has indicated to the parties the Court is inclined to appoint such a master, "without prejudice to the parties' objections." Which translates as "there is no decision, and the parties can come to the hearing with their arguments, which will be heard and considered fairly; but let's get on with it."I don’t think this amounts to much either way. It’s effectively an indication that the judge wants to hear from DOJ and is going to have a hearing. I assume DOJ will say the search is done, so there’s no search left for a special master to oversee. But we’ll know more soon. pic.twitter.com/8U6l50zqtq
— Orin Kerr (@OrinKerr) August 27, 2022
The DoJ filing today is yet another illustration of the meta story of the past few weeks: The Trump legal team is moving too slow, is far too reactive, and is grasping at defenses/diversions. https://t.co/6c8Etw41du
— Sam Stein (@samstein) August 29, 2022
The Justice Department told a federal judge that its review of the records seized identified only a “limited set” that might “potentially” be attorney-client privileged.The department indicated that the privilege review — conducted by a “filter team” designed to screen attorney-client information from investigators probing potential criminal violations related to national-security-related documents stored at Trump’s Florida residence — has been completed.The review appears to have only sought to isolate any potential attorney-client privileged documents and left unaddressed Trump’s claims that some of the documents are covered by executive privilege.The details came in a brief filing prosecutors submitted to U.S. District Court Judge Aileen Cannon, who is handling a motion Trump filed last week asking for a so-called special master to oversee the government’s handling of the documents and to segregate and return any privileged materials. Trump’s delay in filing the motion — he waited nearly two weeks after the Aug. 8 search of his property — appears to have given the Justice Department time to finish its review.
“Before the Court issued its Preliminary Order, and in accordance with the judicially authorized search warrant’s provisions, the Privilege Review Team (as described in paragraphs 81-84 of the search warrant affidavit) identified a limited set of materials that potentially contain attorney-client privileged information, completed its review of those materials, and is in the process of following the procedures set forth in … the search warrant affidavit to address potential privilege disputes, if any,” the prosecutors wrote.
If The Fulton County DA Makes Lindsay Graham Testify To A Grand Jury, There Will Be Riots In The Streets
Right?JUST IN: The Fulton DA has issued its latest response to Sen. Graham's effort to block a subpoena for his testimony in the investigation of Donald Trump's effort to overturn the 2020 election in Georgia.https://t.co/YS9Bgy43O4
— Kyle Cheney (@kyledcheney) August 29, 2022
The “F” Word
I guess not saying "fascism" made his statement more palatable."Do you see any strains of authoritarianism in the Republican Party?" @MajorCBS asks Republican Maryland Governor Larry Hogan.
— Face The Nation (@FaceTheNation) August 28, 2022
"There's no question we see some signs of that," Hogan says. pic.twitter.com/oXnzwUKNQv
Game, set, match.Matt Schlapp and Mercedes Schlapp are furious at Joe Biden for calling MAGA “semi-Fascists.” The Schlapps invited Viktor Orban — the Hungarian Fascist — to speak at CPAC. When Orban said the US should embrace “Christian Nationalism” — the entire crowd cheered. They are Fascists.
— Dash Dobrofsky (@DashDobrofsky) August 28, 2022
Well, until Trump says/does something else.Urgh are the Republicans SERIOUSLY going to go to the fainting couches over Biden saying “semi-fascists”? Please.
— ChanceMeetingHat (@Popehat) August 28, 2022
Or unless we can start a conversation about the “R” word..@lukebroadwater on how the unsealing of the search warrant affidavit was dealt with -- or not -- by Republicans on the major Sunday shows, who are hoping to win in November and don't want to talk about this https://t.co/xAIsK86oR0
— Maggie Haberman (@maggieNYT) August 28, 2022
"Riot" is in the eye of the beholder, I guess.But .... pic.twitter.com/XahnyEevvk
— Sue "Russian warship go F yourself!" πΊπ¦ (@Sue99339007) August 29, 2022
“The First Thing We Do…”
Which "lawyers"?If you’re interested in getting an actual law degree I can talk to you about applying to law school. Having that education could be helpful when you are advising ex presidents on how to deal with purloined classified information
— Asha Rangappa (@AshaRangappa_) August 29, 2022
*call me π€π½* https://t.co/f0BOVgZRbS
π€£π€£π€£The unsealed portions of the Trump search warrant affidavit underscored the degree to which Trump's lawyers have been unable to fend off so far the ongoing effort by the DOJ to press ahead with an investigation https://t.co/Xem0m6rwb0
— Maggie Haberman (@maggieNYT) August 28, 2022
I should add that because Trump chose poorly in how to handle this, it still wouldn’t negate his criminal liability under the statues he’s being investigated for, which only strengthens DOJ’s position in any civil claim which would result. In other words, he loses no matter what
— Asha Rangappa (@AshaRangappa_) August 29, 2022
I’ll freely admit that’s not going to keep me up at night.It is apparent that Trump does not have an experienced, competent federal criminal defense attorney quarterbacking his defense.
— Renato Mariotti (@renato_mariotti) August 29, 2022
The defenses available to Trump are limited, but his lack of a legal quarterback hurts. https://t.co/3FJ2t11doc
Sunday, August 28, 2022
Texas, Our Texas
Tens of protestors.Ostensibly, the protest is about protecting children. But some of the protest signs are quite clear in their general opposition to drag queens. pic.twitter.com/ey5B4TWNCh
— steven monacelli (@stevanzetti) August 28, 2022
NOW: Two counter protesters at the drag brunch in Roanoke, Texas get in the faces of people outside. One had called the antifascists outside "a bunch of pussies." I ask them what they're here to do today. See for yourself what they say. pic.twitter.com/skAfxAzysk
— steven monacelli (@stevanzetti) August 28, 2022
Kinda why I posted this.Most non-Texans may be surprised by the fact that antifascists and inclusive minded people have consistently outnumbered anti-LGBTQ activists even if there has been a spike in anti-LGBTQ extremism in recent months. I wrote about it for @TheRealNews.https://t.co/gA6g0sBlZA
— steven monacelli (@stevanzetti) August 28, 2022
I would just point out Roanoke is in Denton County, so DFW area. In the’70’s a hotbed of televangelists as they became televangelists. Today? Easily as liberal as Austin (as are all the major metropolitan areas in Texas). That whole “Austin is the liberal oasis in blood-red Texas” is also 50 years out of date.Despite the presence of armed extremists across the street, people at the drag brunch in Roanoke, Texas seem to genuinely be enjoying their Sunday afternoon. pic.twitter.com/DGYYKahuK4
— steven monacelli (@stevanzetti) August 28, 2022
I Don’t Disagree With The Concerns
Same rhetoric he used after he lost the election
— Asha Rangappa (@AshaRangappa_) August 28, 2022
But the posts of themselves are not criminal (nasty little thing called the 1st Amendment), and Trump did not incite Jan. 6 with an intemperate tweet or stirring rhetoric the day of. That event was planned and organized, and that’s the reason he should be prosecuted.This is 1/6 all over again. Exactly the same threats leading to violence. DOJ needs to step on it, as there is no prohibition against indicting a F-POTUS. https://t.co/0RkEh6N9o2
— Andrew Weissmann π» (@AWeissmann_) August 28, 2022
Well, except that. Some things refuse to change.Whether it’s Donald Trump seeking a second term to avoid indictment or Jared Kushner insisting he’s going to live forever, Republicans are masters at playing the long game.
— New York Times Pitchbot (@DougJBalloon) August 25, 2022