Monday, July 31, 2023

Truer Words

I am out of town for a death in the family, which required the Lovely Wife and I to drive two days to get here. And we’re returning at the end of the month, for the memorial service. And that it should be mid-August, when it’s only the last day of July.

So we’re feeling very out of pocket and fifth-wheelish. And what warrants a heat advisory here, is a June day back home. We’re going home just in time for the hottest time of the year.

August is going to be six weeks long this year. 🥵 
Well, for that reason, too.

What The Constitution Says About The “supreme Court”

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
It’s not dispositive, but it puts the Congress on stronger ground than Alito or Roberts.

Here’s section one:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

As Steve Vladeck points out, this establishes a court, but doesn’t give it a courtroom, staff, or even a bench of justices.  Congress cannot direct the outcome of court cases. But Congress can still regulate the Court.

Section two details the jurisdiction mentioned in sentence one of section two. Section three defines treason and limits Congress’s ability to legislate it. And that’s it for Article Three.

The Court’s role in the tripartite government structure is largely a matter of tradition and, rather conveniently, court rulings. But the lower courts are subject to ethical rules. There is no constitutional reason why the Supreme Court shouldn’t be.

Who watches the watchers, after all?

Sunday, July 30, 2023

“Follow The Money”

Which explains this: Facts="attack"? Trump is a self-proclaimed billionaire. This is the best grift he’s ever found. And it’s perfectly clear he’s running so he can grift small money donors to pay his lawyers. And then if he wins, he can pardon himself. The best con ever!

But the con doesn’t work if the mark isn’t conned:
$40 million in 6 months sounds like real money 💰. Inquiring minds want to know!

You Mean Other Than That Time….

"If there was an attempt for him to not turn over documents or he wanted something deleted, do you not think that that's something he couldn't have gotten done? Let's just use common sense," she said. "But he never would act like that. He is the most ethical American I know." 
"I mean, that's the allegation is that he did try to," Bream noted. 
"Shannon, I know the facts, and the facts are when President Trump gets a subpoena, it goes to the organization, the organization turns it over," Habba insisted.
...he refused to comply with a grand jury subpoeana and the FBI had to execute a search warrant on his property to recover the documents he said he didn’t have, and he’s now been indicted for?

Aside from the fact “the organization” (?) didn’t have a subpoena served on it, Trump personally did.

You’d think with all that money he’s spending, he’d have better legal representation.

🤑

"Dollar dollar bills, y'all!" Interesting he won’t pay his own legal fees. And I love the idea lawyers should work for him for the publicity. I wonder if OJ ever thought of that? And he’s not calling it a legal fund because: a) he’s not a “loser,” and b) who would contribute then?

And he’s spent $40 million on two indictments. What happens when the tsunami hits (4 indictments at once) and the trials (where the billable hours really kick in) come? There are two trials in 2024 alone, and the federal case just got more expensive.

💸

CAT FIGHT!

Although one does think about the admonition against arguing with pigs… How it’s done. 👍

When You Put It That Way

But, but…Steve Inskeep!
🤦🏻‍♂️ 

Saturday, July 29, 2023

Stuff I Missed Today

Suddenly I miss the impact of Masters and Johnson. These are the times that try men’s souls.

Sam Alito Is Power Mad

And that makes him ignorant: Of course, more than a few people are ignorant: One might almost suspect Alito is setting up a “legitimacy” argument against any action Congress might take. Which could really call into question the legitimacy of the Court.

So Many Questions

Guests cheered when Trump made false claims that the 2020 election against President Joe Biden was “rigged,” promising that he would not allow the same to happen in the 2024 election. The former president ran through a list of his accomplishments as president from appointing U.S. Supreme Court justices that overturned Roe v. Wade to supporting ethanol and E-15 fuel.
I guess they don’t want to hear about electric cars in Iowa?

And if Trump couldn’t “stop the steal” in 2020, with the full power of the Presidency (and his attempts to do so are what two possible indictments are about) what’s he gonna do as a non-office holder in 2024?

Friday, July 28, 2023

It’s The “Phillips 66” Sign That Makes It Art

And American.

Thursday, July 27, 2023

This Day Just Keeps On Giving

How bad is it? In other words, Trump wants to keep doing what he’s accused of doing:
Oh, no, that’s not all the day brought:
I want you to listen ... this is Trump discussing the classified documents over at Bedminster, his country club in New Jersey, which he's now — he's now facing additional charges for possessing these documents over at beBedminster," said Blitzer, playing the audio footage of Trump bragging about possessing the document. “He's having a discussion along these lines, as you see, this is audio that the special counsel has obtained. Pretty powerful evidence going forward ... highly classified information." 
"Wolf, this to me is the single most important incident alleged in this entire indictment," said Honig. "Here's Donald Trump months after he left the White House and talking about war plans. He's alluding to documents. You can hear papers being shuffled, but the question is does he actually have a classified document in front of him that he's showing to these civilians with no security clearance?" 
The new indictment confirms the answer, Honig continued: "Those papers he was shuffling, yes, they were classified documents, they're related to war plans, and DOJ has that document. That is now a new charge in this indictment." 
"And that makes that incident so much worse than just Donald Trump exaggerating or bragging or bluffing, as he has suggested," Honig added. "This means he actually had that classified document in his possession. He was showing it to others, he was bragging about it, he was disseminating it, to use the legalistic word."
And if you think Trump’s getting his legal advice primarily from Tom Fitton: It is amazing, isn’t it?

Why DeSantis Is Not Doing Better Is A Mystery

The Only Thing Better Than A D.C. Indictment

...is a Florida superseding indictment. It just keeps on keeping on.

What We’re Paying For

I’m ashamed to say Wesley Hunt is my representative. Gerrymandering is a bitch. Wait, what? Seriously, WTF? Desperately playing every possible side, as the wheels come off.

Traps 🪤

This is known as chewing the wrong leg off to escape the trap. Giuliani is up against it on discovery orders (basically orders to turn over documents/information) and is squiritng squid ink (sorry to mix zoological metaphors) to escape.  Except that won't work.  He's admitted to the plaintiff's case, but says the First Amendment protects him even from his slanders.  Although, even under Sullivan, it doesn't.  (His "confession" is trying to tell the court:  "I concede the plaintiff's case, now let's talk about my defense (and forget that matter of the non-compliance with the Court's orders)."  Yeah; it doesn't work that way.)

I'm old enough to remember when Giuliani was so respected as a lawyer they changed the name of Bracewell and Patterson to Bracewell and Giuliani when he joined.  You won't find the firm under that name anymore. They changed that a long time ago.

Speaking of squid ink:
Although I think of Trump as the fella in the round room told to go pee in the corner. I know you have to go to Threads to read that one. Sorry; best I can do. More of the same, though. Except Trump will never metaphorically gnaw a leg off; to do so would be to admit he stepped into the trap. He did; but he can never admit it.  So he just runs 'round and 'round the room, screaming.  His prospects of success are: nil.

"Lots of hullabaloo over charges that aren’t likely to have been brought against someone whose last name wasn’t Biden."

 I have stayed away (mostly) from the Hunter Biden stuff because it really is in the news because of Joe Biden (Jimmy Carter had the same issues with brother Billy, whom the media sought out and stayed with because he was a "character." He deserved better.).  But this is an excellent summation of what happened in that attempted plea agreement yesterday, and part of the reason it went pear-shaped has to do with the threat of Trump in office again.

So I recommend it.  The title is the last line of the post, a reference to the fact these are misdemeanor charges which several former AUSA's have said publicly would never be prosecuted (waste of resources on such small beer), much less warrant a special prosecutor and a high-profile plea deal.

The whole thing stinks to high heaven, and the judge acted like a judge, to the credit of her and the legal system that actually exists to see justice done, which also means protecting people from persecution.  Why, then, did I post the tweet about Trump and his lawyers?  Because he is the dead opposite of the situation with Robert Hunter Biden: he is the reason a justice system seeks justice against the unjust.

The damage to our country is done by prosecuting people who have famous last names and close connections to public officials, especially for crimes which judicial economy says aren't worth the time of those involved in the system.  Again, kudos to the judge for taking it so seriously, but it never should have come to that. 

Trump is getting his just desserts.  Hunter Biden is being pilloried for being his father's surviving son.

A Laptop With Wheels 🛞

"Trust the algorithm.”

AI Is A Tool, Not An Entity

 The threat of AI is a human one, not a technological one.

 In books and movies, AI always becomes “human,” and conquers humanity (either with kindness, as in “With Folded Hands,” or more commonly through violence.). We create our own creation, in other words, of ourselves (Frankenstein), and we can’t control it.  We finally, IOW, become creators ourselves.  AI becomes, not a software program, but an entity.  Because what is intelligence if not a mark, an element, of being?

Technology and SciFi have made bad phenomenologists of us all.

First, the sitution:

The concern for AI in the WGA/SAG strike is not that computers will direct movies. It’s with how AI will be used to generate images and put actors out of work.

The fear in campaigning is that AI will easily create “deep fakes” and fool voters.

Do you see the problem? The problem is not technology. AI is not going to empower computers to create bodies or control traffic lights or lob ballistic missiles at countries. It’s not going to generate movies or campaign ads sua sponte. It’s simply another tool. 

AI is the new tool people are going to use against other people, and that possibility scares us. Well, some of us.  AI is a computer program.  It has to be written.  It has to be fed information.  It doesn't seek knowledge the way a young child does (it's called "childhood development" and it's a magical thing to see.  For instance, how does a child learn to use language?  It's one of the great mysteries, but it's so commonplace we don't consider it marvelous at all.  When my daughter was young she created new phrases based on her understanding of words (content) and syntax (word usage/order).  We would tell her to pick something up she'd left on the floor, and if she was carrying things already she'd object "I'm full of hands."  Which is a perfectly accurate use of English, if a bit dated.  "Awful" started out as "awe full," meaning "awe filled," or:  "Filled with awe."  We still prefer the latter syntax for the phrase, and use the word to define something bad, something...awful.  You might well say, to emphasize the point, that you are "full of love" or even "full of joy."  Why can't you exchange either noun for a more concrete one, like "hands"?  And yet we don't, and she figured out the accepted phrase ("My hands are full") without any particular coaching from us.  We still like her original phrase; it's part of the family lexicon.), and doesn't acquire knowledge even as a child does. 

If you recall "ST:NG," the character "Data" was an AI.  But he attended Star Fleet Academy to "learn" how to be a Star Fleet Officer (rather than just download, well...data).  That was AI as a human being; or trying to be a human being (Data's character arc always somewhat followed that of Pinocchio).  He was an entity, which is always the leap of science fiction where "intelligence" is involved.  Intelligence must mean human, or near human, or worse super-human, abilities.

And yet my cats have displayed intelligence.  Not the same as a computer programmer does, but intelligence nonetheless. I had a cat who could track a ball in my hand with laser precision, and catch it in mid-air in his front paws every time I threw it.  I could see the fierce, feline intelligence in that cat's eyes. 

Part of this (mis)understanding of what AI must be, is the dualism Descartes inherited:  only humans have intelligence, which comes from the soul (via Aristotle and Augustine and Aquinas), and so only humans are truly "entities."  Non-human creatures are just...creatures. Soul-less, and ultimately, mind-less. Which is where our language and concepts betray us.  The "monster" in Frankenstein is not called "the monster," but "the creature."  And it turns out to be just as human, if not more so, than its creator.  Indeed, it is treating it as a creature, rather than human, that causes the central conflict of the novel.  And it isn't the creature's intelligence that is his defining characteristic, but his heart:  his emotions, his feelings, his soul (which is how you know it's a product of the Romantic, not the Enlightenment, era).  The creature is intelligent, yes; but is driven by compassion and fear and finally anger.  He displays intelligence, but that is not his defining characteristic.  It is how he is wronged, that shapes the novel, and the creature.

We keep meeting the enemy, and the enemy keeps being us. We don’t create our own unstoppable doom. We just keep creating tools, and then fear how we will use them: against us.  Maybe if we paid a bit more attention to being, and a bit less to...well, technology.

ADDING:

There was an entire episode featuring a trial to determine Data's status as entity with rights, including this line: "Data is a toaster. Have him report to Commander Maddox immediately for experimental refit." AI chatbots are becoming less accurate because they keep scraping everything everywhere, including wrong answers, rather than learning (which is the way I always assumed "real AI" would do it, like CDR Data). My toaster is smarter because it never gives me bad info, but always gives me yummy toast.

Back when computer programming was done by punch cards and screens were called "CRT's" (because they were; basically televisions without the tuner), I learned the computer programmer's FUBAR (a phrase from WWII):  GIGO. It meant (means): "Garbage in, garbage out."  Computer programming was tricky because you always got back what you put in. 

Compared to those days, the word processor I learned to write on in the '80's was sheer magic.  And this program I use to post blog posts?  Inconceivable.

And yet, my computer doesn't think, even if my phone offers prompts to finish words I type with my finger (I can't do the thumbs thing on a virtual keyboard.  I just can't.).  And AI that is simply scraping data, all data, and treating it all as equal because...data?  Doesn't that mean it isn't aware of...well, anything?

As I say, my daughter learned to use language pretty much the same way, and she learned it faster and better. She was also self-aware from a very young age (back to theories of childhood development....).

And I still think we should focus a bit more on phenomenology (no, seriously!) and a bit less on the importance of our tools to our self-esteem/self-identity.

On the other hand: toast! 

Having Ridden The Tiger, The Tiger Now Wants You To Pay The Fare 🐅