Thursday, March 30, 2023

Cave!



 "Cavitates," the ER doctor from Nashville said on "Morning Joe" this morning.  An AR-15 bullet "cavitiates" in soft flesh.

The word comes from the Latin "cave."  And it means, in English, a hole; a cavity.  Cavities form in teeth, but they form slowly, eating away enamel and then the softer tissues beneath, creating rot and decay that can turn septic, can reach bone and "cavitate" there, too.

It's almost an innocuous word.  It's a medical word, terminology to clarify the type of wound, the formation of damage.  The bullet, he explained, "cavitates" because it moves at such high velocity, and it "fragments."  Combine those two factors, he said, and the bullet creates an air pocket, pressurized air that pushes tissue apart, tears into it, makes the "cavity" that is much larger than the original bullet.

In other words, it explodes.  We all know explosions push air away, violently, rapidly, powerfully.  Entrap that air in a space, and the container explodes as the air rushes away from the release of energy.  AR-15 bullets create cavities by blowing holes in a human body.  They blow holes in the target.  The doctor spoke of "cavities."  He meant holes, violently exploding outward from the power (velocity) of the bullet and the fragmentation (explosion) of the bullet on impact, an explosion made larger and more powerful by the velocity.

Oh, and the rapid rate of fire and the lack of recoil on the rifle.  We've all seen simulated machine gun fire where the hapless shooter looses control of the gun as the barrel rises and bullets are sprayed willy-nilly.  The AR-15 is a combat weapon.  It's designed to maintain control on the target.  You can quickly and easily send multiple rounds to the same spot.

Does anyone else remember Matthew McConaughey describing the little girl in the Uvalde schoolroom who was identified by her shoes, because that's all that was left of her, that was all they had to make an identification?  "Cavitating" bullets did that.  Lots of them, staying on target.

Who needs a gun like that?  If that's a "Second Amendment freedom," then our Constitution is a suicide pact and we are all lemmings charging for the cliff in the name of "FREEDUMB!"

Stupid Is As Stupid Does

I saw this early this morning and thought: "Oh, yeah! I remember that!" Now I find out it's "fake news." Sometimes I think they want to steal my memories. The simple tool against that is: don't let them.

That, and ask:  "Who the fuck is crazy enough to make Anthony Fauci 'Public Enemy No. 1'?"  I remember the overcrowded hospitals and field hospitals being set up in anticipation, and morgue trucks around the country (not just in NYC).  If these people want to be that stupid, let them.

But that doesn't mean we accept their stupidity.

“Don’t Fuck With The Mouse!”—Harlan Ellison

Yup; they did. "Last minute" is a little bit of special pleading. Disney waited until they knew what the new law would be and then, before it was law, acted legally and accordingly. DeSantis never saw it coming because he wasn’t looking. Not a good look for a guy who claims he’s qualified to be POTUS.

It was all right in front of him. Disney is not a bad actor here, and still DeSantis missed it. Bad actors hide what they’re doing. How’s he ever going to see them coming?

I don’t have a dog in the fight between Disney and DeSantis. I just find the fight interesting. DeSantis never got the number of the truck that hit him.

Wednesday, March 29, 2023

O Florida! Man

The new DeSantis-aligned board expressed dismay over the previous board’s actions," reported Skyler Swisher. "'This essentially makes Disney the government,' board member Ron Peri said. 'This board loses, for practical purposes, the majority of its ability to do anything beyond maintain the roads and maintain basic infrastructure.' Among other things, a 'declaration of restrictive covenants' spells out that the district is barred from using the Disney name without the corporation’s approval or 'fanciful characters such as Mickey Mouse.' That declaration is valid until '21 years after the death of the last survivor of the descendants of King Charles III, king of England,' according to the document."

 I’m not sure how DeSantis wrests control of the Disney name from Disney, or the use of Mickey Mouse. I’m also not sure what the problem is with restricting the new district to maintaining roads and infrastructure, which is basically why the old district was created. But that’s for the courts to figure out. Sarah Rumpf points out what could be (what do I know about Fl. law?) a few more legal problems.

Let's go with the first statement first: There may be some issues with the contracts. That’s what courts are for. But the real funniest part is this: Yeah, I’m not impressed, either. But it’s better than Pushaw’s statement, which presumes Central Florida Tourism Oversight has the last word.

I kinda expect Disney has the better lawyers here.
It is pretty much like that. That, too.

LOCK HIM UP!!! 🔐

Surprise! The Manhattan grand jury has other cases to hear, and isn’t being conducted for the convenience of Twitter!

Per the article, the GJ is meeting Thursday to hear evidence on another case.  It’s considering another case next Monday and Wednesday, then off Thursday for Passover. The two weeks after that are a hiatus set by the GJ schedule when it was convened in January.

This is not setting well with Twitter. Replies to the tweet above are uniformly whingy about how inconvenient this is for each and everyone of them who want to see Trump in a perp walk or even an orange jumpsuit. None of them stop to think they feel entitled to this by now and think it’s taking TOO LONG! because Trump told them he’d be arrested last week.

Dance, monkey! Dance!

Old News

As someone who studies and teaches about information warfare, I have analyzed the many ways Trump exploits journalistic and institutional norms to shape narratives in his favor. Trump is a master of exploiting what I refer to as information asymmetry — the space in which events are anticipated but can’t yet be officially confirmed, such as what we’re experiencing in the current moment.
How’s that working out for him? I’m not even sure Trump is in control of the news anymore:
Well, here we are. Another partners’ meeting of Insurrection, LLC,” [Rep. Eric] Swalwell said as he began his [opening] remarks[if a House subcommittee hearing]. “That’s what this is. This is the newly formed largest law firm in Washington, D.C. Only has one client, maybe a second client that we’re going to learn about today, but that client is former president Donald Trump.” 
“Their job,” he said, referring to Jordan’s Judiciary Committee, subcommittees, and his controversial Subcommittee of the Weaponization of the Federal Government, “is to litigate every one of [Trump’s] petty, petty, petty grievances.” 
“It’s now 321 days since this subpoena was sent to Jim Jordan, that he did not comply with,” Swalwell said, pointing to a large blown-up copy of the subpoena, with the word “subpoena” enlarged exponentially. 
“So it’s comical that we are here today, under Jim Jordan’s leadership, asking people why they don’t want to comply with subpoenas. The guy won’t comply with the one that was sent to him 321 days ago, witness to a crime, the crime that has led to more arrests than any investigation in America,” Swalwell observed, referring to the January 6 prosecutions. 
“He’s a witness being asked to do his patriotic duty and respond to a subpoena 321 days later, refuses. Also, since the last hearing of this Committee to Obstruct Justice, Chairman Jordan is now in interfering in an independent criminal prosecution. There’s an investigation in Manhattan, also in Atlanta, also at the Department of Justice, into the former president and Jim Jordan has sent a letter to the independently elected District Attorney Alvin Bragg of Manhattan. He is asking Alvin Bragg to commit a felony.” 
“Why is he asking Alvin Bragg to commit a felony? To help Donald Trump. Why is it a felony? Because if Alvin Bragg were to turn over what Jim Jordan is asking of him, Bragg would be violating New York law that says you cannot turn over grand jury proceedings, but that’s what they’re asking them to do. Again, the law doesn’t matter if your client is Donald Trump. ” 
“The other day Jim Jordan was asked, ‘Well, what do you think of the former president who put out on Truth Social the other day, essentially an another call to action? A January 6-like post when the former president said this posting, Jim Jordan was presented with this post by the former president that calls for ‘death and destruction.’ And Mr. Jordan said that he would ‘need his classes.’ He was looking the other way. Jim Jordan looking the other way.” 
“Well, we have blown up on the screen and we’ve put it right here and I’ll leave it for Jim Jordan. This is what Donald Trump said, Mr. Jordan,” Swalwell said, reading the e-president’s social media post: “‘What kind of person can charge another person? In this case it former president of the United States who got more votes than any sitting president in history and leading candidate by far for the Republican Party nomination with the crime when it is known by all that? No crime has been committed and also known that potential death and destruction and such a false charge can be catastrophic for our country. Why and who would do such a thing? Only a degenerate psychopath that truly hates the USA?'” 
“Again, I’m gonna leave this up here in probably 200 font. So Mr. Jordan doesn’t need his glasses to read it,” Swalwell added, referring to news that Jordan recently refused to comment on a Trump social media post claiming he first hadn’t read it, then when a reporter showed it to him, Jordan said he couldn’t read it because he didn’t have his glasses. “The same individual who posted this also posted this photo. There you go, Donald. Trump. Real tough guy holding a baseball bat, next to a picture of that independent prosecutor that Jim Jordan wants to commit a felony, Alvin Bragg.” 
“But you won’t hear from this Committee to Obstruct Justice, any condemnation of what Donald Trump posted. They can’t condemn him. They can’t. So in their silence, they condone it. And in these posts from Donald Trump, he incites more and more Americans to commit violence like a woman who was arrested yesterday, near Times Square with a knife seeking to carry out an act of violence in Donald Trump’s name.” 
Swalwell blasted Chairman Jordan for repeatedly falsely claiming that Attorney General Merrick Garland had labeled parents speaking at school board meetings “domestic terrorists,” a lie made by many Republicans and conservatives. 
“No parent has a right to threaten a school board volunteer. If a threat is brought to the FBI, it’s their duty to investigate those threats. We’ve also learned from all the document production from DOJ and the FBI in the Department of Education, that there is not one instance where the Department of Justice called any parent or a group of parents, ‘domestic terrorists,’ as has been claimed by Jim Jordan.” 
And he criticized House Republicans, who, under Jim Jordan, had posted a tweet in support of Donald Trump, Elon Musk, and Kanye West. 
“It’s also about a tweet that Jim Jordan posted back in the fall. ‘Kanye. Elon. Trump.’ Now after that tweet was posted, Kanye said he’s going to declare ‘DEF CON three on the Jews.’ The tweet stayed up for months. Everyone was like, ‘Hey guys, turns out your hero Kanye West hates the Jews. We all stand with Israel. Please take down the tweet.’ They didn’t take down the tweet. They kept the tweet up. Day after day. Jewish community they’re hurting, they say, ‘Please don’t take, please don’t put this tweet up.’ It stays up.” 
He also blasted the GOP for holding hearings with witnesses they invited who are anti-police, despite their motto of “backing the blue.” 
“Last week, we had a hearing where you could call anyone in America when you have the majority, the power of a subpoena. We had a hearing about the ATF. These guys brought a witness who had just recently tweeted, ‘fuck cops.’ Cops. That’s what this guy tweeted. Anyone on Earth could have come to that hearing and they brought someone that said, ‘fuck cops.’ Then one of their colleagues, this is what she’s selling on her social media: ‘defund the FBI.’ So we went from backing the blue to backing the coup.” 
Swalwell concluded his remarks by slamming the committee for doing nothing to reduce gun violence in the wake of Monday’s school mass shooting. 
“So we’ll waste our time today on this exercise on behalf of Donald Trump and perhaps Elon Musk, but everyone on their side is going to have to go home this weekend to their constituents and their constituents are going to ask them one question: Three little babies died this week in a school in Nashville. No other committee in Congress has jurisdiction to do something about that except this committee. So you’re on the Judiciary Committee. Three kids are dead. They’re gonna be buried this week. What did you do about it? Did you show up to the Judiciary Committee and fight for those kids? Or did you show up and fight for Donald Trump? They showed up to the first hearing after Nashville and they’re fighting for Donald Trump.”

“Intellectually Unsound”

 Follow this, if you can:

There's no such thing as gun violence," the lawmaker insisted. "There's only human violence. It's intellectually unsound to state otherwise." 
.... 
"CDC numbers, 620,327 legally induced abortions in America in 2020," he noted. "That same year, tragically, 4,357 children died from firearm accidental discharge, suicide, and homicides." 
.... 
"And I don't appreciate my Democrat colleagues constantly lying to the American people, referring to gun violence as if it's not driven by human violence, and ignoring the fact that America has allowed millions upon millions of children to be killed in the womb," he said.

Humans live in other countries yet there are more guns than humans in this country. And there have been more mass shootings in this country this year than there are days. And this is the only country where school shootings, or mass shootings, either, are such regular occurrence we don’t even notice they are more regular than sunrise.

But it’s “intellectually unsound” to call it “gun violence”?

All violence is “human violence.” Nobody calls the tornado that killed 22 in Mississippi “violence.”  And only crackpots call a medical procedure “violence.” 

This is clownish; even for Congress, even for Louisiana.

NOOOOOOO!!!!!!🙀

Another month of this shit? I’ll have to retire from the internet.*

*I know: who would notice? 😼

AI Is Harry Potter

AI is in your phone. It’s been used to make your weather forecasts, and to explore for oil. But now that it can write sentences, it’s suddenly either sentient (“RUN AWAY!!!”), or it’s magic.

People love to believe in magic; especially where technology is involved.

Tuesday, March 28, 2023

That’s Just The Way It Is

This guy thinks that child should learn the lesson his father learned in WWII: if someone wants to kill you, there’s nothing you can do about it. Seems like an age appropriate lesson, right?

Now What? 🖍️

Ooops. They did. Biden is the adult in the room. The House GOP are eating the crayons they write their messages with.

Useful Information

Well, yeah. But Christie won’t be the GOP candidate nor the Democratic candidate. I mean, the majority of Americans agree with him: So, what Christie said and $5 will buy you a cup of coffee at Starbucks.

He does have a genius for stating the obvious, when it’s safe to do so.
That was your breaking point? Good to know.

The Donald Trump School of Law

The contrasts between Mr. Trump’s assertions in his Carroll I answer and his October 12 statement show that a reasonable juror could find that his statement had a different effect on a reader than his denials and affirmative defense in his answer," the judge wrote. "For one, 'a reasonable juror could find that [Mr.] Trump was complaining of a far broader and more corrosive conspiracy than anything that was at issue in Carroll I in October 2022,' including based on his statements that Ms. Carroll 'completely made up a story' that is a 'Hoax' and 'changed her story from beginning to end [(in an interview where she was promoting her book)]. .. to suit the purposes of CNN and And [erson] Cooper,' along with his comments about the judiciary and Ms. Carroll's counsel."
Let me explain: in order to grant summary judgment there can’t be any question of fact. A question of fact is one upon which reasonable minds can differ. Which is why the judge refers to a “reasonable juror’s” thinking in denying Trump’s motion. “[A] far broader and more corrosive conspiracy,” for example, is clearly a question of fact. Asserting a conspiracy is one thing; proving it is another.

Which is not the interesting part. The interesting part is the references to Trump’s pleadings (court documents asking for relief/denying the other party’s claims). “[A] far broader and more corrosive conspiracy,” for example (not to overlook the “comments about the judiciary” and plaintiff’s lawyers). No competent litigator would include such allegations in their pleading because they are literally without factual foundation (and comments about the judge or opposing counsel? It’s practically an ethics violation.). It’s like Trump’s assertion that Bragg had dropped the grand jury investigation. The only truth in either is Trump wished both were true. But you never take those claims to court; not if you know what you’re doing.

I keep saying Trump is not ready for criminal court. He’s clearly going to insist on presenting these kinds of defenses (he’s doing it already in a civil case!). His trials could actually be entertaining.

There was a recent story that Trump’s New York lawyers told him to expect to lose against Bragg (no doubt feeding his conviction he can’t get a fair trial in the city). They were right, but for the wrong reasons.

I KNEW There Was A Reason I Don’t Like Cars Right Beside Me On The Freeway

This happened to a friend, back in high school. He was driving along and then noticed his front wheel 🛞 rolling ahead of him. By the time he realized what it was, his car listed sharply to the left. He pulled over, retrieved it, reattached it, and went on his way.

Not quite as dramatic as the video, but as I say: good reason not to ride along next to someone.

Now Do “I’m Chevy Chase, And You’re Not!”

Or “Bass-O-Matic.” Or “Jane, you ignorant slut!”

No idea how that works into a Federal Courts class. How about “Bag O’ Glass” for products liability or commercial class?

(I’m just guessing you’d have to look up these references. Young punk!)

Well, There’s Intent And State Of Mind

Ignorance of the law, just like being wrong about the law, is not a defense. And Trump doesn’t have to testify against himself if the prosecution can get this stuff into evidence.

It's Kind Of Curious How Certain People Are Above Government Oversight

I didn't realize a legal defense to an IRS investigation was: "I'll call Gym Jordan!" I always figured there was a court system for that. Not anymore? Can anybody do that? Or do you have to be a "journalist"? (Yes, the irony is a rich one.) See? Being a journalist puts you in a separate class which should exclude you from any IRS investigation because it's immediately a suspect investigation because "journalist." Nice work if you can get it.

And then there's the source of all this (and yeah, he did contact Gym Jordan.  I was joking earlier.):

The Wall Street Journal reported this week that Taibbi had informed House Judiciary Chairman Jim Jordan (R-OH) that his home was visited by an IRS agent, and now Jordan has sent a letter demanding answers. According to Taibbi, an IRS agent visited him home and left a note telling him to get in contact with them and informing him his 2018 and 2021 tax returns had been rejected. Taibbi said he has communication showing his 2018 return was accepted and he’d previously refiled his 2021 return.

I'm a bit surprised the IRS would send an agent who left a note with this kind of information on it.  Sounds a bit off to me.*  I mean, it's within the realm of possibility, but certainly shouldn't be standard practice to leave notes about personal tax information just laying about.  So I don't dispute the story; let's just say I doubt it very seriously.  Especially since Taibbi apparently has a straight line to madman Jordan, a bomb-thrower who never met a story he couldn't throw gasoline and a match on.  And the Google search I did turned up stories in National Review, Washington Times, FoxNews.  WSJ Opinion gets it (although they don't):

The bigger question is when did the IRS start to dispatch agents for surprise house calls? Typically when the IRS challenges some part of a tax return, it sends a dunning letter. Or it might seek more information from the taxpayer or tax preparer. If the IRS wants to audit a return, it schedules a meeting at the agent’s office. It doesn’t drop by unannounced.

Rather than ask "So could this story be made up?", they jump to "all that new money means IRS agents on a rampage, just as we feared!" And all the right wing outlets are following suit.

Still sounds made up to me.


*As a teacher, under FERPA, I was told never to put a student's private information (i.e., grades, the only "private" information I really had) in an e-mail, because it could be read by anyone.  U.S. personal mail was considered private (one of those "legal fictions"), but quite reasonable anything electronic can be a) intercepted, b) repeated ad infinitum (copied, sent out to multiple recipients, etc.) at the drop of a hat.  So  a “note" saying "Your tax returns were rejected"?  Rather than a letter (again, presumed private)?  Yeah, doesn't pass the smell test.

Says U.S.Representative In Only Nation Where This Regularly Happens

"And by the way, fuck all y’all.”

Monday, March 27, 2023

Galaxy Brain Legal Thinker

Just for context. Trump engages in authentic frontier gibberish about the infamous photo he posted (Trump with a baseball bat next to a photo of Bragg):

Yeah, that one. He claims he didn’t post it, that it was “added” by…someone. He takes a long time denying it, but seems to say he did post the photo of him with the baseball bat.  He knows alot about that photo with the baseball bat, all of it irrelevant to the issue.  He denies posting the montage on Truth Social even though Hannity says he took it down and Trump doesn’t contradict him. And despite the fact everyone found it there, until they didn't.

That’s credible. And yes, he’s in for a rude awakening when he goes to trial on all these cases he’s first going to convince himself have been dismissed:
That won’t be presented as a defense in court, even if he thinks it should be. That won’t be in the jury charge, either. Though I’d be surprised if a lot of this doesn’t appear as evidence against him, by Bragg and Smith. He’s practically talking himself into a conviction or two.

And I Thought The Problem Was Going To Be Servers For Cryptocurrency

Huh.