Saturday, August 25, 2018

Too many tweets

Parse out that first sentence carefully. It still means we have a government of politics, not laws. At least, that's what Trump means.
And Trump makes it clear he thinks one Senator speaks for 100. Still looks like a trap to me.

Distraction Kills

Who's going to tell him?

And the e-mails he hasn't seen are bad? Pray tell, how does he know?

Friday, August 24, 2018

Pardon Me?


Pardon me while I suspect somebody is trolling Donald Trump.

Vox and TPM and Slate and NPR all note that "key senators" are turning against Sessions and suggesting Trump ready a new candidate for A.G. to be installed in late November.  But John Cornyn and Ben Sasse have publicly declared that a bad idea.

"He's a quintessential Boy Scout ..." Cornyn said. "And I know this is a difficult position for him to be in but I think it would be bad for the country, it would be bad for the president, it would be bad for the Department of Justice for him to be forced out under these circumstances. So I hope he stays the course and I hope cooler heads prevail."
But the narrative is that Sessions has lost the Senate, and so it's a done deal.  And that's the funny part:  it's the narrative that matters, not the reality.  If Trump fires Sessions, where are the 51 Senators who will approve a new A.G.?  Especially one who will immediately fire Mueller and Rosenstein and half the DOJ and all the FBI and open up all those investigations of Hillary that Trump is demanding?

Or are Graham and Grassley hoping Trump fires Sessions and that leaves Rosenstein in charge?  And Trump is screwed even harder because he so clearly tried to stop Mueller?

“The pardons — I don’t agree with it,” said barber shop owner Aldo Sartorio, who said that the president pardoning Manafort could make him change his mind about backing him in 2020.

“The president better watch about the pardons,” concurred Aldo’s relative, Peter Sartorio. “With the pardons, if he does that, it looks like it was set up by him with the last couple of tweets that he had, where he sticks up for… Manafort, thinks he’s a great guy. He’s kind of sending a message that, ‘If you stick with me, I’ll pardon you.'”
Pardoning Manafort is not the gold-clad winner Trump might expect it to be, and not just on the political front.  If Trump pardons Manafort, Mueller can still compel Manafort to testify. The idea of a non-pardoned witness is that prosecution tends to focus the mind, and immunity is what keeps the 5th Amendment away. But someone with a pardon can't use the 5th Amendment. They can be subpoenaed and threatened with perjury or obstruction of justice if they lie or dissemble, as well as contempt if they simply refuse.

A pardon is not a Get Out Of Jail Free In Perpetuity card.  It's not a Get out of Jail Free card at all. It can't be held for whatever the future brings.  It can only be retrospective, never prospective.  Besides,  Trump's pardon of Manafort could be a criminal act (obstruction, or other crimes). As Josh Marshall points out, Clinton was investigated for pardoning Marc Rich. The facts don't have to fit the Manafort case, the example is enough. The pardon power is essentially without limit, but it's use is not absolutely without consequence.

And if Manafort faces state criminal charges, there's nothing Trump can do for him then.  So a pardon reminds people of what Trump did, while Manafort remains in the news.  In fact, pardoning Manafort or even firing Sessions won't do much at all for Trump's fortunes, as again the indispensable Josh Marshall points out (pardon the length):

That has changed pretty dramatically. Mueller referred the Cohen matter to the Southern District of New York early on, recognizing that at least these issues were outside the scope of his inquiry. That has led into the Trump Organization itself, with the company’s decades-long CFO given immunity in the Cohen investigation. SDNY also gave immunity to the guy who runs The National Enquirer. With that, we find that the Enquirer appears to have run a sort of wide-ranging extortion operation in which it would bury damaging stories about Trump and other celebrities either for money or to ensure their cooperation on other fronts. Maybe they managed that without managing to run afoul of any laws. But I tend to doubt it.

That’s not all. The Public Integrity Section at Main Justice is undertaking a major investigation into Elliott Broidy, the big GOP fundraiser and until recently Deputy Finance Chair of the RNC. Broidy is being investigated for trying to sell access to the Trump White House and DOJ to interests in Malaysia and China. Broidy’s name should be familiar. Michael Cohen set up a hush agreement for him too. Broidy is also at the center of the Saudi/UAE part of the Russia scandal. He’s like the Kevin Bacon of Trump corruption, albeit much less dashing.

The point is this inquiry isn’t part of the Mueller investigation or the Manhattan US Attorney’s office. It’s out of Public Integrity – the main arm through which the DOJ deals with public corruption. Just this morning we learned that the Manhattan District Attorney (that’s state, not federal) is considering pursuing criminal charges against the Trump Organization tied to the misreporting of the Cohen hush money reimbursement. We can even go a bit further afield from Trump and his family to note that the case of Maria Butina, NRA favorite and accused Russian intelligence operative, is being handled out of the Counterintelligence Division, again separate from the Mueller probe. This doesn’t even get into what’s going on at the New York State Attorney General’s office.

The point I’m trying to make is that there’s no longer just one investigation. There’s not two. There are multiple, distinct investigations tied to President Trump and, critically, they are being run either by different jurisdictions or entirely different parts of the Justice Department. There are plenty of paths to the President’s and his family’s undoing even if he manages, through whatever means, to decapitate the Special Counsel Investigation.

Firing Sessions to get to Mueller won't stop the investigations, and probably won't win hearts and minds, either.  And if he fires Sessions and can't replace him easily, that story lives in the headlines for weeks and weeks and weeks and weeks.   Are Graham and Grassley really that ignorant of these facts?

I think not.

It was one year ago today....


Sorry, but sometimes Orwell is proven right again, and it takes all your effort to see what is right in front of your nose:

Yes, the fact that these companies are asking the taxpayers of the world they're ruining to pay for protecting them against the consequences of the world they're ruining is good for a rueful laugh and a quick-tempered reference to roosting chickens.

But, last year, I drove up the path of Hurricane Harvey, from the Gulf of Mexico to Houston, and I saw small towns and their small business in sticks and splinters. I saw people living in tents because their roofs were somewhere in the next county. And the fact remains that these companies go out of their way to put their facilities in some of the country's poorest neighborhoods. So, yeah, this is a wall we should build. Hell, it's infrastructure week anyway.

What is Mr. Pierce talking about?  This:

The plan is focused on a stretch of coastline that runs from the Louisiana border to industrial enclaves south of Houston that are home to one of the world's largest concentrations of petrochemical facilities, including most of Texas' 30 refineries, which represent 30 percent of the nation's refining capacity. Texas is seeking at least $12 billion for the full coastal spine, with nearly all of it coming from public funds. Last month, the government fast-tracked an initial $3.9 billion for three separate, smaller storm barrier projects that would specifically protect oil facilities.

You won't have heard it, but I did:  a podcast from Houston Public Media about hurricanes and Texas, going back to the storm of 1900 that wiped Galveston off Galveston Island, to Hurricane Harvey, which nearly washed Houston away, and did wipe out some towns on the Texas coast (which remain ignored by many because "not-Houston", that's why.)  Turns out Hurricane Ike, from about 10 years ago, almost unleashed a disaster on Texas the likes of which the country has never seen.  Ike was predicted to track straight up the Texas ship channel, "home to one of the world's largest concentrations of petrochemical facilities."  Yup, that area.  It turned north at the last minute, to the everlasting salvation of Houston, the Gulf Coast, and the nation in general.  Had it gone up the ship channel, the damage would have been unimaginable, and not just to the immediate area, but to the Gulf Coast waters.  There's been discussion of this "full coastal spine" ever since, because it was only the grace of God that saved Houston and the Gulf that day.

And please, "the world they're ruining"?  Are we all driving electric cars now?  Do we all buy goods at stores delivered by solar-powered vehicles?  Does no one use any plastic at all?  Are the oil companies forcing us to buy their products?  If you want a rueful laugh, go to the next sentence after that quote:  "But, last year, I drove up the path...." In what?  An ox-cart?  A horse-drawn wagon?  A Tesla?  Not even a hybrid, I'll warrant.  Can we all please stop acting like corporations are evil aliens from outer space that serve us no benefit and aren't a direct response to our desire to buy?  And this line is too funny:

"And the fact remains that these companies go out of their way to put their facilities in some of the country's poorest neighborhoods."

Actually, they go out of their way to build their refineries in places where people don't live; and then people move there anyway.  Harris County Judge Ed Emmett was interviewed this morning on Houston NPR about the flooding brought about by Harvey.  He pointed out that the reservoirs which were eventually opened and flooded much of West Houston (the reason for my infamous "rant") were built 30 miles outside of Houston in the '40's, when few people owned cars and 30 miles away was quite a safe distance indeed.  "Nobody was gonna live out there," as Emmett said; and then we moved the city out there and beyond it, building neighborhoods even directly behind the reservoir's perimeters.  When the reservoirs were built, they were built to drain to the Buffalo Bayou, which out there ran through farmland and today, runs from some of the more expensive real estate in Texas.  But the reservoirs weren't built in those neighborhoods; quite the reverse.

Nor were the refineries built in poor neighborhoods; the neighborhoods came to them.  If you did build a refinery near a rich neighborhood (if you could get away with it, which is unimaginable), the neighborhood would empty out in minutes.  We don't want to live near those things, so usually the people who do buy or rent there because it's all they can afford.  Refineries are built in poor neighborhoods?  No, the neighborhoods are poor because the refineries are there.  We don't want to live near them, but we do want what they produce:  gas, oil, plastics, paint, etc., etc.  Your computer is available because of a refinery, just as your car is.

Do we need the "coastal spine"?  As much as we need what the refineries provide.  And if they are flooded, it will affect us not just in availability of what those refineries make possible for modern life, but in the pollution and poisoning of air, land, and water that will result.  And that's on us, too; we want the benefits of modern industrial life, we have to take the burdens, too.  Those "roosting chickens"?  We want those eggs.

How Deep Is The Derp State?



Because now that Trump has made his motivations public and crystal clear, there's no way it's just " political considerations," right?

Thursday, August 23, 2018

How Derp Is The Deep State?

Michael Cohen pled guilty to criminal violations of federal law, in open court. A federal judge accepted that plea, the U.S.Attorney accepted that plea, Cohen's lawyer accepted that plea.

And yet, there was no crime? Because reasons? That is the argument of a woman on "1A" right now, because some FEC (former) member wrote an op-ed arguing the law is not clear. The law is clear to the judge, the lawyers, and the defendant, but what does that matter? Hail to the tweet!

This is the GOP defense. When the defense isn't: "Over there! Hillary!"

Rudy Giuliani is flushing his legal career down the toilet.  You've gotta wonder what the quid pro quo is there?

And now it is reported that David Pecker and "National Enquirer" were named in the charging documents filed against Michael Cohen, and have entered a plea agreement for immunity in exchange for cooperation. Because Pecker did precisely what Trump did: participated in the felony violation of federal law.

So how is this not a crime, again? Or is the conspiracy against Trump indeed this vast?

(I would normally provide links for all this, but I'm reduced to using my phone right now. Don't cry for me, Argentina. Life is full of minor inconveniences.)

She'd be on firmer ground relying on the tweets of President Legal-Beagle.

Wednesday, August 22, 2018

Truth isn't Truth. Crime isn't Crime.


Manafort was tried in a court of competent jurisdiction based on a defense that the government had failed to prove its case.  Obviously the government proved its case on 8 of 18 counts, earning a mistrial on, mostly, the conspiracy counts.  There is a reason prosecutors bring multiple charges; it's so they win on any one of them.  A jury of his peers weighed Manafort and found him wanting, and he is now a convicted felon.

Is it a witch hunt if they keep catching witches?


Manafort faces more charges, and the government could retry the 10 it failed to get convictions on.  Manafort's criminal liability is really not graded on a sliding scale; like pregnancy, you're a felon, or you aren't.

Manafort is a felon.

So Cohen is such a bad lawyer, and got such bad legal advice, that he accepted criminal liability for acts that aren't crimes?  Wow, this Deep State is powerful indeed!*

Or maybe Trump really, really doesn't have a clue:

“When is someone in team Trump going to turn to the president and say, ‘Sir, the emperor is naked and your attorney is drunk?'” [Mika] Brzezinski said. “Like, at what point is someone going to tell the president the truth: ‘The emperor has no clothes and, even worse, his attorney is a runaway beer truck.'”



*If you are curious, this is what Trump is referring to.  The case involved a fine by the FEC, not even allegations of criminal misconduct.

Better Call Saul!


The next time I'm pulled over for speeding I'll explain to the officer that everybody exceeds the speed limit, and ask him if he's ever told a lie (proving he's a known liar!), and point out that the traffic laws are a "morass of misdemeanors, felonies, crimes, non-crimes with exceptions," and that every driver on the road has "violated some technical [traffic] law."

I'm sure it will serve me well in traffic court.  Maybe I'll hire Alan Dershowitz instead; the President hasn't advised against that yet!

“The election laws are a morass of misdemeanors, felonies, crimes, non-crimes with exceptions,” he said.

Dershowitz then lashed out at Michael Cohen, saying “the only evidence that the president has done anything wrong comes from a man who is admitted to be a liar.” (Michael Cohen taped conversations with the president, which would appear to solve this perceived problem.)*

“Every campaign has violated some technical campaign law,” he said.
*and how many lies has the President told?  As of August 1, WaPo has him up to 4,229.  Sauce for the goose, dude.  Besides, we have the Stormy Daniels paperwork; there really isn't a doubt who paid her to keep quiet, or why she was paid when she was.  Or is Rudy Giuliani a liar, too?  Charlie Pierce is right:  "the best people" is never not funny.

Tuesday, August 21, 2018

MWM seeks guidance


Until now I really didn't know who Asia Argento was; at best I connected her to Anthony Bourdain because of somebody Bourdain was mad at on her behalf (this is not a humble brag; I didn't know anybody at the VMA's, either; or that the VMA's were on, or what they rewarded, or that Madonna did a Trumpian tribute to the Queen of Soul), but here's the weakness of the #MeToo movement in all its glory and infamy:

“I am deeply shocked and hurt by having read news that is absolutely false,” she wrote. “I have never had any sexual relationship with Bennett.”

Argento goes on to claim that the payment of $380,000 she made to Bennett, in exchange for a photo that allegedly shows them in bed, was meant to help the economically struggling actor.

Argento also said her boyfriend, Anthony Bourdain, had insisted on paying Bennett to prevent “further intrusions” into their lives.

As TMZ reports, the payment was made in exchange for a photo showing Bennett and Argento in bed together. TMZ notes that the photo is not necessarily of a sexual nature, but could be interpreted as post-coital.

Argento has been an outspoken representative of the #metoo movement and was one of the first women to come forward against Harvey Weinstein.

No doubt Harvey Weinstein is guilty of numerous crimes and indecencies; but what about Garrison Keillor (who had one accuser, that we know of) or Al Franken (the worst against him was being "handsy" and some dubiously funny photographs; then again, the photos may have been as out of context as the tweets of James Gunn; yeah, I keep up with some things)?  And I don't know if Ms. Argento seduced Mr. Bennett when he was only 17 (which would be statutory rape, and what's the statute of limitations in CA?); but aren't I supposed to presume she did?  Except Mr. Bennett isn't talking, which may be due to an NDA somebody paid for (I swear, Trump is going to soil and expose all kinds of dubious actions that we've never heard of and should have).  So I guess that's the difference:  he isn't making the accusation. Because if he did, wouldn't we have to believe him?

But since he's silent, I guess we have to believe Ms. Argento?  This new morality is so tricky to navigate.

Medieval Lawyer


Oh, that society had a system for gathering facts on matters in dispute ("Did he lie? Did she lie? Did anybody lie?") and placing them before a select body who could be charged with finding the facts, within a system if rules of evidence and a set of laws for governance, and the conclusion of this body could be accepted as the facts of the dispute by all! And we could have people work for this system to keep it fair and just, and we could call those people "lawyers, and choose from among them "judges" to be sure the rules and laws are followed and fairly applied!

Naaahhh!

“I’m talking about this particular situation,” [Trump attorney Rudy Giuliani] said. “One person says the Flynn conversation took place. The other person says the Flynn conversation didn’t take place. What’s the truth? You tell me how you figure out the truth.”

If this is a genius and effective strategy to make us all give up on the legal system, we deserve to lose our republic.

Monday, August 20, 2018

Who's Going To Tell Him?

a) he's talking about government records (he has access to those);

b) Brennan's work history is irrelevant to a claim that Trump acted without authority or due process or denied Brennan equal protection of law;

c) claims of a "deep state" conspiracy are also irrelevant.

Making America Great Again

Getting Out The Steam Shovel

See, e.g., the Manafort trial.  The government says Manafort committed crimes, Manafort says he didn't and the government didn't prove it.

How, oh how, do we resolve this conflict?

Sunday, August 19, 2018

FAKE NEWS!


Some people say, and all.  I'm guessing he doesn't mean this story:

President Trump’s lawyers do not know just how much the White House counsel, Donald F. McGahn II, told the special counsel’s investigators during months of interviews, a lapse that has contributed to a growing recognition that an early strategy of full cooperation with the inquiry was a potentially damaging mistake.

He means the previous article:

In its article, The Times said Mr. McGahn had shared detailed accounts about the episodes at the heart of the investigation into whether Mr. Trump obstructed justice in the Russia inquiry. Some of the episodes — like Mr. Trump’s attempt to fire Mr. Mueller last summer — would not have been revealed to investigators without Mr. McGahn’s help.

The article set off a scramble on Saturday among Mr. Trump’s lawyers and advisers. The president, sequestered at his private golf club in Bedminster, N.J., solicited opinions from a small group of advisers on the possible repercussions from the article. The president ordered Mr. Giuliani to tell reporters that the article was wrong, but Mr. Giuliani did not go that far in his television appearances.

Like when Giuliani said "The truth isn't the truth."  But wait, there's more:

The report by The Times also reignited a debate about whether Mr. Trump had been given bad advice by his former lawyers Mr. Dowd and Ty Cobb to allow full cooperation with Mr. Mueller’s team, including by waiving attorney-client privilege. Mr. Dowd and Mr. Cobb believed that the cooperation would help prove that the president had done nothing wrong and bring a swifter end to the investigation.

Because it just gets worse:

But the strategy “put Don McGahn in an impossible situation, because once you waive that privilege and you turn over all those documents, Don McGahn has no choice then but to go in and answer everything, every question they could ask him,” Chris Christie, a former United States attorney and a close ally of Mr. Trump, said on ABC News’s “This Week.”

“It’s bad legal advice, bad lawyering, and this is a result of it,” Mr. Christie added.
Bad legal advice has consequences:

Last fall, Mr. McGahn believed that he was being set up to be blamed for any wrongdoing by the president in part because of an article published in The Times in September, which described a conversation that a reporter had overheard between Mr. Dowd and Mr. Cobb.

In the conversation — which occurred over lunch at a table on the sidewalk outside the Washington steakhouse B.L.T. — Mr. Cobb discussed the White House’s production of documents to Mr. Mueller’s office. Mr. Cobb talked about how Mr. McGahn was opposed to cooperation and had documents locked in his safe.

After the account of the lunch conversation was published, Mr. McGahn became convinced that Mr. Cobb believed that he was hiding documents. Concerned that he would be blamed, he decided to try to demonstrate to Mr. Mueller that he and other White House lawyers had done nothing wrong.
Hoist on his own legal petard.

Kudos to the Times, too, for putting two of Trump's tweets about the NYT and "Fake news!" on this subject in their article.  Two can play at this game, Mr. President.

Somewhere, far outside of Arkansas


Bill Clinton is laughing his ass off:

“Get the word credibility out of it. We have plenty of credibility,” Giuliani snapped. “It is a week and a half later and they have not responded to our letter. Now, don’t tell me that we’re delaying this if they are spending a week and a half getting back to us.”

“You believe this is on them?” Todd pressed. “That you guys have not delayed the interviewing, delayed the negotiations?”

“Yes,” the president’s lawyer insisted. “What I have to tell you is, look, I am not going to be rushed into having him testify so he gets trapped into perjury. When you tell me that, you know, he should testify because he is going to tell the truth and he shouldn’t worry, that’s silly because it’s somebody’s version of the truth. Not the truth.”

“Truth is truth,” Todd pointed out.

“No, it isn’t truth. Truth isn’t truth,” Giuliani replied.

Friday, August 17, 2018

If on a summer's day a traveler....

No, the bottle is not colored in any way.  Do yourself a favor, and don't look for it anywhere.

Just in case you are ever traveling to Texas (which I otherwise recommend heartily.  The people, especially in the small towns, really are friendly), don't take advice from websites:

BIG RED

Waco, Texas, is the birthplace of Dr Pepper but natives know it’s also the motherland of Big Red, a curious ruby drink that has been described as effervescent bubble gum or cotton candy or both. Its origins are rather plain-Jane compared to its flavor and color: Concocted by two guys in a lab in 1937, it was originally dubbed Sun Tang Red Cream Soda. According to Texas Monthly, the name changed to its current catchier one about 20 years later, when the brand’s San Antonio bottling plant president overheard golf caddies referring to the drink as “Big Red.”
Also according to Texas Monthly, if memory serves, Big Red tastes, not like bubble gum or cotton candy, but slightly carbonated hummingbird feeder nectar, and has the same color, too.  Texas Monthly got that one right.  It's probably best consumed with good barbecue (though why, except that you want your sweet but don't want pecan pie or banana pudding, the traditional desserts.  Traditional accompaniments are white bread (only!), potato salad (with mustard, please!) and pinto beans (preferably with jalapeños).  Do yourself a favor, stick to the pecan pie or banana pudding, and a cold beer.  Big Red is a drink best avoided, or left to children below the age of 5 who don't know no better.

In the '60's Dr. Pepper used to advice heating the stuff (on the stove!) with some slices of lemon and orange, as a sort of ersatz wassail.  It was meant to encourage winter consumption of the beverage.  There's a reason you don't heat a carbonated beverage, or even drink it at room temperature.


No, I'm not kidding; and no, despite what you might read on the internet, DO NOT try this at home!  Again, there is a reason Dr. Pepper stopped pushing this idea.

Bad ideas really are bulletproof.  All I can do is warn you.

Once as farce



It was 45 years ago this year:

Trump is guilty. Why there’s such resistance to this reality is an interesting question. My own best guess is that it is too disquieting a reality to grapple with. Someone who has deliberately betrayed his country and who is compromised by and under the thumb of a foreign despot clearly should not be President. But his supporters don’t accept that. And as long as they don’t there’s no path to removing him from power prior to 2020 and maybe even beyond. That means that for the present we are locked in a situation in which we must operate in a system in which the person with the most power is working for a foreign adversary, whether out of avarice or fear. That is a profoundly uncomfortable reality. Remaining agnostic on the big question is more comfortable.

That’s my theory. But my theory, the why, doesn’t really matter. The fact that the reality is real and that it’s too hard for many to accept is what matters.
That Garry Trudeau said what Josh Marshall said today.  The difference, of course, is that Marshall is a blogger (sort of), and WaPo is still a major newspaper which probably still wouldn't run this comic strip if the President were Trump instead of Nixon, and Mitchell were replaced with Manafort.*  And I remember quite well why there was "such resistance to this reality."  It's for the very reasons Marshall cites about the evidence against Trump:  it doesn't amount to proof beyond a reasonable doubt.

Well, it doesn't if you don't want it to.  We are not a national jury, except in the sense that we the nation decide criminal culpability by majority agreement, not unanimous vote.  Hell, we can't even get the press to say Trump is a racist, for which there is very clear evidence; then again, there will never be enough evidence.  Because even if there is enough evidence, there will always be some on the jury (metaphorically) who will deny the evidence says what the majority agrees it says.

As I've said before, I know people who went to their graves (God rest them) convinced Nixon was railroaded.  That narrative has hardened into place over time; it was not universally acknowledged in 1974, and certainly not before Nixon resigned (the year the cartoon was submitted for publication).

We had a situation where the person with the most power was using it to operate a system to punish his enemies.  Nixon tried to use the FBI and the IRS to do that, but he did it clandestinely.  Perhaps Trump is doing that, too, but it seems unlikely, given his assaults on the government at all levels.  He is acting openly, trying to punish those who disagree with him by pulling their security clearances; but while this may be an illegal act if he does it to James Comey, it is largely seen as irrelevant to the lives of those of us who don't parlay our government service into a career as a talking head.  It's reprehensible and petty, yes, but we are all more affected by tariffs than by who has a security clearance.  We had a leader who had used his power to punish his political enemies (it turned out he didn't need the advantage; Nixon won in the greatest landslide in American presidential history; the only state McGovern carried was Massachusetts.  Nothing that could have been gained in the Watergate break-in added to that victory.).  But we are locked into this because of the Constitutional system that allows us to be led up this kind of blind alley.  And because we can't expect any system to protect us from our own stupidity.

Nixon was finally forced out of office because of the tapes.  It took a while; the controversy over even releasing them ran for months, if not a year or so.  I still remember Nixon fighting mightily to keep them secret, then going on TV with stacks of them around him, proclaiming how he wanted them released and had told his staff to "get them out".  He was a consummate liar, and Trump often reads like a student of Nixon's machinations; at least to me.  It doesn't seem clear anything will force Trump from office in the same way.  It would be better for the nation if he were, but then we get Mike Pence, so the improvement is minor.  A Democratic House now seems likely, and that can constrain and pester Trump for the last two years.  A Democratic Senate may not happen, but GOP control is razor thin there anyway, and either way Congress won't give Trump much to run on in 2020.

Will Congress at least try to constrain Trump?  That is really up to us.  Do we elect a Congress to impeach the sitting President?  Or even just to rein him in?  Or do we just elect those politicians who are as ideological as comic-book villains, and as effective?  It is not the issue of this state of affairs being reality, and "we" can't face it.  The collective "we" is, as I said, is like a jury, but without the legal directions of a judge and a set of limited facts presented for our examination for a limited time, and aimed at a defined conclusion (guilty/not guilty).  The collective "we" will never even agree on what "reality" is.  Fighting that fight only ends in frustration.  The most we can get is some effort to state what we agree and disagree with:  this is really what elections are about.  Not what we can agree and disagree on; elections are never about national consensus.  We can only act on what we think is true and correct, and call that a conclusion at least until the morning after the election.

Although I agree with Marshall and Mark Slackmeyer:  the President is guilty, guilty, guilty!

Now what?

*it's worth noting here that John Mitchell was Nixon's campaign manager in '68, and was convicted of obstruction of justice, perjury, and conspiracy.  But the objection of WaPo to the cartoon was that Mitchell had not yet been convicted, and it was unseemly to abrogate the judicial system in such a serious matter, even as a matter of opinion.  Thus do we keep our fingers clean.

Thursday, August 16, 2018

The Cover Up Continues?


I have to say, I had to Google this.  Most articles about it paraphrase the statement, rather than reprint it in full (is that so hard to do?  It's not like it's 900, or is it 1400, pages?  Did we ever get a verified count on that?).  USA Today took up the narrative again, noting this statement came out after "two days of deafening silence."  Because...what?  

I'm just playing media critic here, not Defender of the Faith.  Every article has its favored phrase from the statement.  "Morally reprehensible," says USA Today.  "Shame and sorrow" showed up for Reuters.  The Daily Mail quoted:

Catholic magazine editor Matthew Schmitz said on Twitter: 'Francis has at times been unfairly attacked for his handling of sex abuse but his record is still disappointing.

'He needs to act now by authorizing a full investigation of the American hierarchy.'

A papal legate should conduct formal interviews and make recommendations to the Pope about 'appropriate penalties', he said.  
Which is pretty much all that can happen now, as the statute of limitations has run on most of these crimes.  Much blame is put on the Catholic church in covering up these crimes, and that's deserved.  But the legal system of Pennsylvania apparently had the legal power to investigate these matters before the statute of limitations expired, and failed to do so.  That doesn't exonerate the Church, but it does indicate the pointing of fingers is a tricky practice.  No one wanted to listen, until it was too late.

Sadly, all that can be done now is for the Church to investigate and take actions against those it finds responsible.  The failures here are really rather general.  None are innocent except the victims; and their innocence was taken from them long ago. 

"Do You See?"

Adam's prize was open eyes,
His sentence was to see.
Day by day, he's worn away
Against reality.

--Tom Rush

In his book The Essential Jesus John Dominic Crossan reduces the "authentic" sayings of Jesus to what he thinks were arguably their pithy originals (on the simple premise that time "improves" those quotations we remember, usually adding words and elaborations that weren't original, but are "better").  One of them that he attributes to the historical Jesus of Nazareth is:  "You have heads, use them!"

There are some places in the gospels where Jesus upbraids his audience:  "He who has ears had better listen!", is usually what he says.  Interestingly, Jesus never asks for insight.  He never asks "Do you see?"  Of course he never apparently asked "Were you listening to what I said?"  He's a bit more elliptical than that:  "He who has ears had better listen!"

"You have heads, use them!"

We privilege sight above all other senses.  Taste is irrelevant, except to infants, who put everything in their mouth to taste as well as smell, see, touch, and hear (does it rattle?  Bang?  Echo hollowly?).  But taste is for food, and we have few words for it, fewer metaphors (any meat that isn't beef "tastes like chicken."  Right?).  Sight takes pride of place.  "Do you see?," is usually a metaphorical inquiry, not a literal one.  Seeing is equated with understanding.  "Seeing is believing!"  Well, no, believing is believing; seeing is subject to deception (ask Penn & Teller).  "Pics or it didn't happen!"  What, I can take a picture of the moment I fell in love?  I can photograph my desires, affections, hopes, fears, dreams?

We never mean it that literally, of course, but our favorite metaphors for accepting or understanding relate to seeing.  So why doesn't Jesus ever say:  "Do you see?"

In the synoptic gospels the things that would most make people "see" that Jesus is something more than human are called dunamis.  This means "power," or more clearly "acts of power."  It is, per the synoptic writers, the power of God at work in the healings, the feeding of the 5000, etc.  John's gospel is different, and takes the metaphor of sight head on.  Now, is that because sight has become the metaphor it is today, probably through the Greek culture prevalent in that region of the Roman Empire?  Is it peculiar to the situation of John's community?  Hard to say, but in any case John calls the miraculous acts of Jesus semeia, or "signs."   Semioitics has taught us to pay attention to signs and signifiers, and I'm not sure if that's a great leap forward or simply looping backward to yet another strand of human history and culture, taking it up again as if it were new.  We are more and more inclined to reinvent the wheel and rediscover fire and think we've done something significant (a sign!).  In any case, John called the changing of the water to wine at the wedding in Cana a "sign," the first Jesus presented.

Do you see?

But John is ambivalent about the signs.  Jesus makes no claim for himself at the wedding; the groom is credited with saving the best wine for last.  Nobody acclaims Jesus and follows him that day.  When Jesus does signify (semiotics also teaches us to pay close attention to how we talk about signs and sign-ificance) in John's gospel, it's almost a challenge to the audience.  As Jesus says to Thomas after the Resurrection, it's better to hear and believe than to see and believe. The signs are treated as almost a distraction.  At the last supper in John, Jesus talks for three chapters, but he never institutes the Eucharist, the ultimate Christian sign. We still don't agree whether the sign is literal, symbolic, or both and a little bit of neither. In John's gospel, Jesus doesn't say "This is my body, this is my blood." John doesn't want Jesus pointing to anything as a sign.

This comes up in the question asked of Terry Eagleton, and his response.  The occasion is a lecture, which runs for about 42 minutes, and the first question, which appears on the video at about 43 minutes.  Thanks to TC there is a transcript of the question:

43:41  Stuart Ritchie, Psychology Department.  I hate to ask such a sublunary question, um, but do you actually  have any evidence for the existence of God because it seems to me that you can talk about how nice you think the emperor's clothes are and how fancy they are and all that but it doesn't really matter if the emperor isn't actually wearing any clothes at all.  Um, and in fact, you don't seem to be, I don't know who your talk is aimed at, 'cause you're not going to convince any atheist because you haven't provided any evidence for the existence of God and you're not going to convince any religious people because you've basically told them what they believe is not actually what, say, Christianity is.  So I'm not entirely sure where your lecture is aimed. 

The link to our discussion is Eagleton's response, because he calls this kind of question the "Yeti" question.  That is, proof of visual evidence of the Yeti would prove the Yeti's existence; and so, apparently, visual proof of God would prove God's existence.  This is not, contrary to what people like Stuart Ritchie think, a new problem:

Isaiah 64:1-9
64:1 O that you would tear open the heavens and come down, so that the mountains would quake at your presence--

64:2 as when fire kindles brushwood and the fire causes water to boil-- to make your name known to your adversaries, so that the nations might tremble at your presence!

64:3 When you did awesome deeds that we did not expect, you came down, the mountains quaked at your presence.

64:4 From ages past no one has heard, no ear has perceived, no eye has seen any God besides you, who works for those who wait for him.

64:5 You meet those who gladly do right, those who remember you in your ways. But you were angry, and we sinned; because you hid yourself we transgressed.

64:6 We have all become like one who is unclean, and all our righteous deeds are like a filthy cloth. We all fade like a leaf, and our iniquities, like the wind, take us away.

64:7 There is no one who calls on your name, or attempts to take hold of you; for you have hidden your face from us, and have delivered us into the hand of our iniquity.

64:8 Yet, O LORD, you are our Father; we are the clay, and you are our potter; we are all the work of your hand.

64:9 Do not be exceedingly angry, O LORD, and do not remember iniquity forever. Now consider, we are all your people.

I've used that before, but there you are.  Second Isaiah, crying out for God to make an appearance, to prove God's existence, if you will, as he did in the time of Elijah:

So Ahab sent to all the people of Israel and gathered the prophets together at Mount Carmel. 21And Elijah came near to all the people and said, “How long will you go limping between two different opinions? If the LORD is God, follow him; but if Baal, then follow him.” And the people did not answer him a word. 22Then Elijah said to the people, “I, even I only, am left a prophet of the LORD, but Baal’s prophets are 450 men. 23Let two bulls be given to us, and let them choose one bull for themselves and cut it in pieces and lay it on the wood, but put no fire to it. And I will prepare the other bull and lay it on the wood and put no fire to it. 24And you call upon the name of your god, and I will call upon the name of the LORD, and the God who answers by fire, he is God.” And all the people answered, “It is well spoken.” 25Then Elijah said to the prophets of Baal, “Choose for yourselves one bull and prepare it first, for you are many, and call upon the name of your god, but put no fire to it.” 26And they took the bull that was given them, and they prepared it and called upon the name of Baal from morning until noon, saying, “O Baal, answer us!” But there was no voice, and no one answered. And they limped around the altar that they had made. 27And at noon Elijah mocked them, saying, “Cry aloud, for he is a god. Either he is musing, or he is relieving himself, or he is on a journey, or perhaps he is asleep and must be awakened.” 28And they cried aloud and cut themselves after their custom with swords and lances, until the blood gushed out upon them. 29And as midday passed, they raved on until the time of the offering of the oblation, but there was no voice. No one answered; no one paid attention.

30Then Elijah said to all the people, “Come near to me.” And all the people came near to him. And he repaired the altar of the LORD that had been thrown down. 31Elijah took twelve stones, according to the number of the tribes of the sons of Jacob, to whom the word of the LORD came, saying, “Israel shall be your name,” 32and with the stones he built an altar in the name of the LORD. And he made a trench about the altar, as great as would contain two seahsa of seed. 33And he put the wood in order and cut the bull in pieces and laid it on the wood. And he said, “Fill four jars with water and pour it on the burnt offering and on the wood.” 34And he said, “Do it a second time.” And they did it a second time. And he said, “Do it a third time.” And they did it a third time. 35And the water ran around the altar and filled the trench also with water.

36And at the time of the offering of the oblation, Elijah the prophet came near and said, “O LORD, God of Abraham, Isaac, and Israel, let it be known this day that you are God in Israel, and that I am your servant, and that I have done all these things at your word. 37Answer me, O LORD, answer me, that this people may know that you, O LORD, are God, and that you have turned their hearts back.” 38Then the fire of the LORD fell and consumed the burnt offering and the wood and the stones and the dust, and licked up the water that was in the trench. 39And when all the people saw it, they fell on their faces and said, “The LORD, he is God; the LORD, he is God.”

1 Kings 18:20-39

Ah, yes; dem was de days!

But, you see (!), Stuart Ritchie doesn't see (he is the wise child in the Andersen fairy tale about the unclothed emperor), and therefor it is not.  Except, as Eagleton goes on to reply, you don't "see" love, either; does that mean it is false?  And so we are back to John's way of handling the subject:

Jesus said to him, “Have you believed because you have seen me? Blessed are those who have not seen and yet have come to believe.”

Signs, you see, signify.  But what they signify is not always apparent, and not always so clear.  And we seldom look beyond the sign to the signification.  Take a STOP sign.  We read it, we follow it's direction, even in a private parking lot where (under Texas law, at least), it has no significance.  We follow it because it signifies the power of the state through law to enforce the command written on the sign.  But we seldom look beyond the sign itself; we just reflexively obey.  John doesn't want us to do anything by reflex.  If we saw the fire from heaven burn the wet wood and consume the water in the trough, would  believe?  In what?  If we saw the water turn to wine at Cana, would we believe? In what?  And why?  Because it is true, and the truth will set us free?  Or because it appeared to tell us something, and then we decide what that is?  And which is truth?

"You have heads, use them!"

I think about these things when I get bored with the news of the day, the reading of which is something of an addiction I need to break.  Now you'll excuse me, there are some shocking historical photos on the internet I need to see.

Wednesday, August 15, 2018

Jesus Take The Wheel


Back in 2008 Bill Maher released a film, "Religulous," that led him to do an interview with his director, Larry Charles, on "Fresh Air."  Hilarity ensued:

Larry Charles made a telling statement in the Terry Gross interview: he said they tried to contact the Pope and the head of the Mormon church and other religious leaders (all Christian, interestingly, or Western. No mention of Orthodox leaders, Buddhist monks, Hindu priests, Taoists, etc.), but there were "layers" (his word) of people designed to keep such persons from contact with the public, or at least Messrs. Charles and Maher. I wondered how many people I'd have to go through to get in touch with Mr. Charles, or the head of the studio distributing his film, or the heads of the TV companies who have broadcast his work; or the President of the United States, or any head of government or any major corporation. It was, in other words, a pretty mindless and petty complaint, and revealed more about Mr. Charles than about the religious leaders he sought out.

I thought of that blinkered ignorance when I read this:

But the pope didn’t mention the latest horrific news revealed about his church: that a Pennsylvania grand jury had just handed down a damning 1,356 page account of rampant abuse that involved 1,000 kids, 300 priests and 70 years of silence. "We, the members of this grand jury, need you to hear this," the report began. But there was no sign Wednesday that Pope Francis was listening. He offered no prayer for the victims of his own churchmen who have been suffocated under a veil of complicity and shame for decades.

Which silence, of course, means there's a coverup:

The cover-up of this sort of rampant sexual cruelty involving children is by now sadly familiar, as is the strategy by Rome refusing to acknowledge such accusations until far too late. The response to this report, like so many others before it, is also sadly familiar. A spokesperson for the Vatican reached on Wednesday morning said that the Vatican “has no comment at the moment” before tersely hanging up.

So, here's the problem:  the Pope is not an elected official who needs to curry favor among voters at all times and in all places.  Further, I don't imagine for a second the Pope was on a direct line to the meeting room of the grand jury in Philadelphia, or had a representative at the press conference on the line relaying their statements to the Vatican as they were being released, so the Vatican could prepare a response ASAP.  Perhaps it is good PR for the institution to have a Rapid Response Team, but again:  the Church is not a corporation answerable to shareholders and worried about what its CEO might tweet next about boys rescued from a cave in Thailand.  This is not to excuse the Church for what happened in Pennsylvania for 7 decades, nor is it to defend the Church in any way.

But for pity's sake:  the report is 900 pages long, (or is it almost 1400 pages?  Who do I believe here, the Daily Best or the NYT?) covers 7 decades of records, and was released on August 14th.  Only a few hours later (time zones, how do they work again?) the Pope is offering a public prayer and is supposed to work into that prayer a response that can be parsed and analyzed and dissected and STILL be a clear statement of the Church?  And a failure to mention it in a prayer the next morning is tantamount to a coverup?  What world do these people live in?

You know, there are times I understand better the nature of newspapers, with editors and just the passage of time between writing and printing the words on paper for distribution.  Even today, with words available immediately (how long after I write this will you read it?), the editorial process of the NYT or WaPo or the LATimes is admirable, just because it keeps dribble like this from appearing anywhere except, maybe, on their journalists work-related blogs.  If this is the advance achieved by instant and direct access to news and opinion, I don't need anymore of it.  The Russians are damaging because they spread vile opinions on purpose, with the aim of destabilizing and sowing dragon's teeth.  This kind of thing is damaging because it ostensibly presents reasoned thought, and not just childish tantrums.

When the Pope responds, his response will deserve careful attention and even criticism.  But this kind of thing is just crap.

Tuesday, August 14, 2018

Never Say Never


Dog whistle!

Reading headlines, mostly:


The argument here takes the usual defeatist line that you can't change the mind of Trump supporters, and unless you do that, he wins in 2020.  Ignore that, though, and focus on the reasoning past the innumeracy (Trump is consistently tracking at 52-52% disapproval, 10 points above (below?) his consistent approval rating at 41-42%.  He doesn't have enough supporters to win with those numbers):

But even if Manigault Newman and her tapes say exactly what the president’s opponents want to hear—that he’s a racist, that he’s a bumbling idiot, that he has no control over his own White House—her “insider’s account” will never be as satisfying as the anti-Trump resistance might hope. The first problem is the source. Manigault Newman, like the president, is an opportunist built for and by reality television. Her willingness to do anything for notoriety, including but not limited to playing the villain on a corny game show and signing up for a role in a racist presidential administration, makes her an unreliable narrator.

The second problem is content. An N-word recording could serve as shorthand for Trump’s racism for those unwilling or unable to see the racism in his policies. And it would probably spur some Republican leaders to cut ties with Trump, at least temporarily, as they did when the Access Hollywood tape came out in October 2016. But there is reason to believe that an N-word tape wouldn’t torpedo Trump’s presidency, or even keep him from winning a second term. By this point, we shouldn’t need to hear Trump saying the N-word to become convinced that he considers black people second-class citizens. At the same time, no one who has supported him through his Obama birther fabrication, his insistence that the Central Park Five are guilty, and his defense of white supremacists as “very fine people” will turn against him because he used a racial slur.
I agree Trump is clearly a racist.  But the "n-word" is a talisman.  None of us dare speak it or write it. To find a tape with Trump using it?  Well, it won't increase his chances of re-election; nor will it spur the "red wave" he thinks is coming in November.  If anything, it would add a few more votes in the Democratic party columns.  Indeed, the word is so toxic, and there's so much of a chance it's out there (the tape), even his Press Secretary won't deny it:


“Can you stand at the podium and guarantee the American people they will never hear Donald Trump utter the n-word on a recording in any context?” MSNBC’s Kristin Welker asked.

“I can’t guarantee anything, but I can tell you that the President addressed this question directly,” Sanders said. “I can tell you that I’ve never heard it.”

Yeah, that's not the resounding tribute she thinks it is.  If there's a tape of me using that word, it's about 50 years old now.  Probably by age 13 I'd abandoned it altogether (I cannot guarantee I never used it, I can only plead the stupidity of youth).  Trump was allegedly using it in his 60's.  I can guarantee there's no tape of me using that word in my '60's.  And then there was Trump's other assault on black women:


The president’s use of the word “dog” to describe the only senior African-American staffer to serve in his administration struck many as out of line, including Fox News anchor Bill Hemmer, who asked Conway about the tweet on Tuesday. “That dog,” he said, repeating the president’s words. “I know he’s not happy about this, but is that language necessary?”

Unable to defend Trump’s commentary, Conway would only say that she’s “disappointed” in Manigault-Newman and thinks her “best play would have to take credit for a lot of the great things Donald Trump has done for this country, including for African Americans.”

When Hemmer asked again specifically about Trump’s use of the word “dog” and suggested Trump doesn’t want to “sell more book for her along the way,” Conway simply smiled tightly and stayed silent.
This is working out real good for him.  No doubt his approval ratings will go up any day now.  And if they don't, it could be because even his own staff doesn't trust him:


“It’s called C.Y.A.,” said Sam Nunberg, a former Trump Organization employee who has himself been publicly critical of Trump, and who has come under attack from the president on Twitter as a result. Nunberg says he was asked about recordings different people in the Trump Organization and campaign made when he was called to testify in front of special counsel Robert Mueller’s grand jury in the spring. “Cover Your Ass. That’s why people are recording.” It’s an acronym that rings especially true when it comes to the famously mercurial boss. “People are taping him first, because he always talked about taping people himself,” one person in his orbit told me on Monday. “And second, it’s because of his erratic behavior and his inability to tell the truth. He changes his mind after the fact. He commits to doing something, only to have him question you after you do it,” this person said. 
That's gotta be a real special place to work, the West Wing; just like on the TeeVee!

Oh, and Omarosa's not through, either:


1. Trump Knew About Clinton’s Emails Before Wikileaks Released Them

2. Trump Has Derogatory Nicknames for Everyone

3. Trump Only Kept Hope Hicks on Staff for Her Looks

Omarosa writes in her book that Trump “would rather have a pretty woman with no experience around than a qualified, less attractive woman.”

“You’re talking about Hope Hicks there?” Tur asked.

“Yes, I’m talking about Hope Hicks,” Omarosa responded.

“It is interesting that people haven’t really examined the fact that he would rather have someone who has absolutely no political experience and no knowledge of politics at all, because she is pretty,” Omarosa continued. “And I am someone who served in two tours of duty, this is my second time in the White House, and he calls me a dog.

4. John Kelly Is Responsible for Horrific Puerto Rico Response

I left in the text under no. 3 because honestly, Omarosa is as clueless as Trump.  What were her qualifications again....?

The staff is not rallying around the boss like they need him to.  Huckabee Sanders should have said there can't be a tape because Trump doesn't talk like that.  Best she could do was say she'd never heard him talk like that.  Conway just goes silent, because whaddayagonnado, your boss just called a black woman a bitch.  And everybody's taping everybody because they know what we know:  Trump cannot be trusted.  And Trump's campaign is just throwing gasoline on the fire by suing Omarosa for not keeping her mouth shut.

Yeah, Trump's got 2020 in the bag......

Nice Life You Got There, Be A Shame....



Josh Marshal notes:

Trump and the Trump campaign are using the NDA arbitration path that worked so well with Stormy Daniels with Omarosa.

Omarosa says she signed an NDA with the campaign, but refused to sign one when she was in the White House.  Reports are White House Counsel Don McGahn drafted them to appease Trump, not because he thought they were worth the paper they were printed on.  Apparently she's right, she didn't sign one with the White House, since Trump is only indirectly enforcing the NDA against her.  And yes, JMM is right, it won't do much to stop Omarosa giving interviews or selling her book; indeed, it's probably unenforceable.

That's not the point.

The point is to remind all the people who signed NDA's but don't have the swagger of Omarosa, or indeed the high-profile (how hard was it for her to get a book deal?), that they, too, will be hiring lawyers and defending against million dollar lawsuits.  Does it matter if they can't win against you in court?  These are people who pay $15,000 a month to get people to sign new NDA's (as Omarosa has alleged was offered to her when she was fired, and as allegedly happened with Trump's dismissed bodyguard/driver).  They are showing they have the money and the will, and asking any employee of the White House (especially if they worked for the campaign):  do you?

This is a real problem.  Omertà was supposedly enforced by Mafia bosses with a bullet; Trump is doing the same thing with the legal system.  That is the real damage he is doing to the Presidency.  Impeachment won't erase it.  Losing re-election won't erase it.  Only legislation can erase it.

But will it?

Kneeling as an act of conquest, not protest



Returning once again to those thrilling days of yesteryear, or 1908, to be exact:

"What good purpose," [Wiley Nash] asked in 1908, "is subserved, promoted and supported by the erection of these Confederate memorials all over the South?"

Nash had studied both literature and law at the University of Mississippi, so his answer came fully attired in his best rhetorical finery:

"Like the watch fires kindled along the coast of Greece that leaped in ruddy joy to tell that Troy had fallen, so these Confederate monuments, these sacred memorials, tell in silent but potent language, that the white people of the South shall rule and govern the Southern states forever.
Old times there are not forgotten; nor will they be, because we have set them in stone.

And who, you ask, is this Wiley Nash?

The 62-year-old Nash was eminently qualified for his leading role in the events of the day. He was a Mississippian by birth, raised in Oktibbeha County. In 1908, he was widely regarded as “a representative man of Mississippi,” a prominent Starkville attorney who had served several terms in the state Legislature and one term as the state's attorney general.

More to the point, he had fought in the war, enlisting at the age of 16. He was seriously wounded in Georgia — “shot through the right thigh” — but recovered and later rode with Harvey’s Scouts, a famously effective small troop from Mississippi.

Equally important, after the war he joined the cause of Redemption, the campaign to restore white rule in Mississippi, which culminated in stealing the elections of 1875 by violence or the threat of it, keeping most blacks from voting.

“Victory for the vanquished” is how Nash described it in Lexington.

“Mr. Nash has done yeoman service in the many efforts of the white people of Mississippi to wrest the state from radical rule and negro domination,” historian Dunbar Rowland wrote in 1907, praising Nash’s efforts “in the great and memorable struggle of 1875, the year, as the negroes say ‘when de white folks riz.’”
The monuments were to "remember history," but remember history in very specific ways:

We may be ever grateful to Nash as well, for among his fulsome remarks in Lexington, which run to roughly 7,000 words, he included a clear, concise, nine-point, itemized list on what the monuments actually mean.

Monuments honor “the Southern cause” and its “brave defenders, the living and the dead” (item one), and also "keep honored and honorable" the "present and future dominant and ruling Southern Anglo-Saxon element" (item two).

They "keep the white people of the South united — a thing so necessary — to keep, protect, preserve and transmit our true Southern social system, our cherished Southern civilization” (item six).

The ruddy leaping joy of perpetual white power is item seven: “The white people of the South shall rule and govern the Southern states forever.”

The final item, number nine: Monuments “will teach the South through all the ages to love the Southern Cause.”
Indeed, that's what monuments are for; to teach lessons.  'Twas ever thus:

Imagine what Paul would have seen had he visited Aphrodisias.  Imagine you are walking in the middle of that city on a busy street and turn in under one of the arches of a beautiful two-story marble monumental gate.  You slow down for a moment in its shade, but soon rejoin the sun's glare on a glistening east-west plaza, 46 feet wide, 40 feet high on both sides, and 300 feet long.  It is like entering a roofless funnel as long as a football field.  To your left and right are parallel three-story-high galleria line with bulky Doric Columns on the bottom level, sleek iconic columns on the middle level, and ornate Corinthian columns on the third and upper level.  Your eyes are drawn up along those columns toward the terra-cotta roof....[b]ut they are drawn more forcibly along the length of the plaza's funnel to the temple at its far end....Walking toward the temple...you look up at those high galleries on either side and see something that is unique in all the Greco-Roman world.  Between the columns on the upper two levels of both sides are 180 5-by-5 foot panels sculpted in high relief.

....On the middle level, history is absorbed into that mythical framework above it by a series of conquered peoples, personified as elegantly dressed female standing on inscribed bases, extending across the entire sweep of the Roman Empire and emphasizing military victories under Augustus.  To your right, in the south gallery's two upper levels, is the same celebration of war and conquest, the same absorption of history into myth, the same creation of Roman imperial theology.

...

A first panel is iconographically simple and still somewhat historical.  It depicts an idealized world-conquering Julio-Claudia emperor, not armored but naked except for a black cloak, standing in the center.  To his right is a battle trophy above a kneeling and weeping barbarian prisoner who hands are tied behind her back.  To his left is a female figure, either the Roman people or the Senate, crowning him with an oak wreath.  A second panel is iconographically more complex and much more cosmic.
That second panel depicts a nude Claudius (indicating, from Greek iconography, divine status) receiving a cornucopia from a female figure, indicating peace and prosperity (no war, plenty of food) and another female figure giving Claudius an oar, to indicate power over the sea (no more pirates).  "It displays divine control of both Land and Sea."

"Victory and conquest are felt to be an important justification of imperial rule...it is always victory over barbarians of various kinds...."*

Like, say, blacks in America, who should remain subjugated by whites. Monuments are placed by people in power to remind everyone who is in power, and why.  There's a reason the largest Confederate War monument on the Texas Capitol Grounds is placed directly in front of the Capitol building, and close to the entrance to the Capitol grounds on Congress Avenue (which leads directly away from the front door of the Capitol, ruler-straight down to the Colorado River).  It is a statement of who is in power; that is the "history" some do not want to "erase."

And yeah, you can connect it directly to Donald Trump:

“During the Holocaust Nazis referred to Jews as rats,” Scarborough said. “In Rwanda genocide was often justified, calling them cockroaches, slave owners considered slaves subhuman animals.”

“It opens the door for cruelty and genocide,” he continued. “Nobody is saying that Donald Trump is a Nazi, nobody is saying that he’s Adolf Hitler in 1938, 1939, 1940, but you can see time and time again … this is how dictators and tyrants open the door, and they do it by dehumanizing their political opponents.”

Trump’s dehumanizing language had been translated into cruel actions, such as his administration’s family separation policy.

“Guess what led up to his, what I think many would think is savage, behavior on the border?” Scarborough said. “When he launched his campaign he talked about Mexicans being ra[p]ists.”

“Just this past year, what did he call Hispanics?” he added. “He called Hispanics breeders, like they were animals, like they were dogs, like they were mules. We’ve seen it time and time again. So he uses that language, and what does it move to? It moves to a policy where infants are ripped from their mother’s breasts at the border, separated and possibly orphaned for life. There actually is precedent here.”

Lots and lots and lots of precedent; for all of it.  And all of it is very ugly.  Just keep in mind the weeping barbarians kneeling before Julius.

*John Dominic Crossan and Jonathan L. Reed, In Search of Paul, HarperSanFrancisco 2004, pp. 17-19, 22.

Monday, August 13, 2018

On the plus side....


Says the "expert" who thinks Nepal and Bhutan are regions of India, and are pronounced "nipple" and "button." And who doesn't understand the idea of an international date line or even time zones.  Well, it's no worse than "Uzbeki-beki-beki-beki-stan-stan."  Oh, wait a minute, that guy got laughed off the national stage.

Lordelpus!

Well, it's on Twitter, which means no one in government will pay any attention to it.

Now you hear me, now you don't


Rudy Giuliani keeps talking about a "perjury trap."  So let's start with the federal statute defining "perjury":

Whoever—

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
Now the purpose of testimony under oath is to enforce a punishment for not telling the truth.  Usually this is done by impeaching the witness:  a witness who is proven to lie under oath is a pretty useless witness, and their testimony can be so tainted the jury can turn against them, or ignore whatever they say.  Let's say, for example, Paris Dennard was under oath when he said this today.  The subject under discussion is Trump's statement after Charlottesville that there were "very fine people on both sides:"

“Well, I think we should be accurate,” Dennard said. “He was not at Trump Tower. He did not — that wasn’t the full statement. I think we should read the full statement. As I interpreted what he said, he was talking about the violence on both — on many sides.”

“That’s not what he said,” Setmayer replied. “We’re still debating this? There’s still a question that there are ‘fine people on both sides?'”

“The president was referring to the fact that there was violence on both sides,” Dennard claimed.

“He said ‘very fine people on both sides,'” she shot back.

“Let’s be accurate. Go back and read exactly what he said,” Dennard instructed.

Now, as your memory and the video show (at the link), Trump says what everyone remembers him saying, except Paris Dennard.  If, as I said, Mr. Dennnard was under oath when he said this, would that be a "perjury trap"?  Well, how would you prove he knew it to be false but said it anyway?  You could impeach him, prove he is an unreliable witness and his statements are not to be trusted; you might even bring a civil action against him for misrepresentation.  But perjury?  I don't know a prosecutor who would bother.

So what is a "perjury trap"?  Oddly enough, it would probably look very much like this:

GIULIANI: Comey’s testimony is hardly worth anything. And nor did he ever — James Comey never found any evidence of collusion. And [he] rules out obstruction by saying the President had a right to fire me. So all the rest of it is just politics. I mean, the reality is Comey, in some ways, ends up being a good witness for us, unless you assume they’re trying to get him into a perjury trap by, he tells his version, somebody else has a different version.

STEPHANOPOULOS: How is he a good witness for the President if he’s saying that the President was asking him — directing him, in his words — to let the Michael Flynn investigation go?

GIULIANI: He didn’t direct him to do that. What he said to him was “Can you give him a break?”

STEPHANOPOULOS: Comey says he took it as direction.

GIULIANI: Well that’s OK. I mean, taking it that way — I mean by that time, he had been fired. And he said a lot of other things, some of which have turned out to be untrue. The reality is, as a prosecutor, I was told that many times. Can you give the man a break, either by his lawyers, by his relatives, by friends. You take that into consideration but, you know, that doesn’t determine not going forward with it.

That was Giuliani last month.  This was Giuliani yesterday:

“There was no conversation about Michael Flynn,” Giuliani said at the start of the interview Sunday. He added, referring to Comey’s claim that Trump had confronted him about Flynn: “We maintain the President didn’t say that.”

When Tapper specifically brought up Giuliani’s comments to ABC News, Giuliani protested: “I never told ABC that. That’s crazy. I’ve never said that. What I said was, ‘That is what Comey is saying Trump said.’”

This is practically a master class in what a perjury trap is, according to Giuliani. He's given his statement, only to find out the interrogator has a statement contradictory to Giuliani's. Except, of course, both statements are by Giuliani. How could he have avoided this "trap"? How, indeed.

Confronted with the clip of the earlier interview, Giuliani asked a reasonable question:  who are ya gonna believe: me, or me?

“I said it, but I also said before that I’m talking about their version of it,” Giuliani said after seeing the video. “Look, lawyers argue in the alternative. I know it’s complicated, but my goodness, we’ve been over it long enough that — I mean, why would I say something that isn’t true.”

“The President didn’t say to him, ‘Go easy on Flynn,’ or anything about Flynn.”
Which is enough to make everyone old enough to have heard it the first time proclaim: "Bill Clinton, all is forgiven for what the meaning of 'is' is."

Yeah, Giuliani is now that bad.