Monday, March 18, 2024

Fantasies

Strongman rule is a fantasy.  Essential to it is the idea that a strongman will be your strongman.  He won't.  In a democracy, elected representatives listen to constituents.  We take this for granted, and imagine that a dictator would owe us something. But the vote you cast for him affirms your irrelevance.  The whole point is that the strongman owes us nothing.  We get abused and we get used to it.

- Timothy Snyder "The Strongman Fantasy"

This week's featured posts are "The Other Reason I'm Optimistic" about the 2024 election and "The 'bloodbath' statement".

This week everybody was talking about bloodbaths

I was going to summarize the controversy over Trump's prediction of "a bloodbath" if he doesn't get elected, but the length got out of hand, so I made it a featured post.

and Florida

Ron DeSantis suffered two major defeats this month in his war on woke. The first was two weeks ago, when a federal appeals court blocked enforcement of one provision of his Stop-Woke law. The opinion, written by a Trump appointee, lays things out pretty clearly.

Here's a short version: Among other things, the law bans employers from having mandatory meetings where they promote certain notions that state doesn't like about discrimination, diversity, and so forth. On its face, this sounds like a violation of the employers' freedom of speech, but the DeSantis administration claims it's really a limitation on conduct (holding these meetings), not speech.

The judge rightly points out that mandatory meetings are only banned if certain ideas are presented, so there's no way to know ahead of time whether a meeting is banned without knowing what people are going to say. That makes it a limitation on speech.

The second defeat was the settlement of a lawsuit against DeSantis' Don't Say Gay law. The worst thing about Don't Say Gay has been the vagueness of it. Nobody knew exactly what ideas the law banned from Florida schools, so teachers and administrators who wanted to be safe just wouldn't say anything at all about non-traditional gender roles or sexuality.

Under the agreement, the state must clarify the law’s scope to schools across the state, ensuring that, among other things, it does not prohibit references to LGBTQ+ persons, couples, families, or issues in literature or classroom discussions.

and the Trump trials

The trial that we thought was on track fell off track, and another one got rolling again.

The New York state trial for the pre-2016-election cover-up of the Stormy Daniels payments was supposed to start next Monday, but it's delayed into at least April. At issue are some documents that just got released by the US Attorney's office, and whether the defense has had adequate time to review them.

In the Georgia RICO trial, the judge has allowed Fani Willis' office to go forward, after removing Willis' ex-lover from the prosecution team. If the judge had disqualified Willis, it's not clear when or whether the case would have proceeded. No trial date has yet been set.

but I want to call your attention to two books

One of my favorite observers of the intersection of technology and society is Cory Doctorow. He currently has two new books out, one fiction and one non-fiction.

The novel is The Lost Cause which takes place in a late-2030s California dealing with a much-advanced climate crisis, as well as the residue of our current political polarization. The country has had 12 years of Green New Deal administrations, and is now going through a backlash that includes a lot of old white guys in MAGA militias. To me, it's ambiguous whether the "lost cause" in the title is the MAGA effort to maintain white male privilege or the Green New Deal effort to save the world itself.

Two things stand out: Climate-change futurism tends to bifurcate simplistically into we-save-the-world or we-don't-save-the-world. I found it enlightening to spend time in a world where a lot of bad things have happened, but the struggle goes on. There's a lot in this novel that is dystopian and a lot that is hopeful.

Second, I think Doctorow is right about where MAGA is headed with regard to climate change. Right now, the MAGA consensus is to ignore the problem. (Trump wants to be a dictator on Day 1 so that he can "drill, drill, drill".) But in Doctorow's future, they turned on a dime from "it's a hoax" to "not everybody is going to make it, so we have to make sure our people do". Climate change has become one more justification for anti-immigrant fascism.

The nonfiction book is The Internet Con: how to seize the means of computation. He emphasizes that the current tech and social media giants are not natural outcomes of the free market, but stem from changes in the laws, especially antitrust enforcement and copyright laws.

It's not that there was one magical generation of entrepreneurs like Jeff Bezos, Mark Zuckerberg, et al, but that the leading corporations at a particular moment in history were allowed to cement themselves into place and insulate themselves from competition.

For example, your email app doesn't own your email files, but Facebook owns your Facebook posts, which you'll lose if you close your account. As a result, you can change email clients whenever you want, but switching from Facebook to some other social media platform is much more arduous. You can send email to people who use other email apps, but you can't see X/Twitter messages on BlueSky.

The result is what Doctorow has elsewhere called the "enshittification" of the internet. Companies can implement policies for their own advantage rather than yours, and there's little you can do about it.

The book is full of suggestions for how to turn this around.

and you also might be interested in ...

The House passed a ban/forced-sale of TikTok, which is owned by a Chinese company and heavily influenced by the Chinese government. What will happen next is unclear.

Trump abruptly switched his position on this issue: He tried to ban TikTok by executive order when he was president, but now he's against the legislative ban. The flipflop closely followed a meeting with conservative financier Jeff Yass, who is heavily invested in TikTok.

Have I mentioned that Trump needs a lot of money?


I really enjoy this Biden ad, especially the last few seconds.


Russia held its version of an election, and you'll never guess what happened: Putin was reelected to a fifth term as president with 87% of the vote. There were other names on the ballot, but only the ones Putin allowed to be there. No candidate was vocally anti-Putin or against the Ukraine War.

Supporters of Alexei Navalny (who wanted to run against Putin, but instead died in prison), staged a subtle protest by all showing up to vote at noon. The long lines at the polling places were, in effect, Navalny demonstrations.

Russian prosecutors threatened any voters who took part in the “noon against Putin” action with five years in prison. In the southern city of Kazan, police detained more than 20 voters who had joined the protest, according to the independent rights monitor OVD-Info. Arrests were also reported in Moscow and St Petersburg.

It will be interesting to see what, if anything, the government finds to charge these people with.


When we talk about climate change, we usually focus on rising air temperatures. But maybe we should be paying more attention to how fast the oceans are heating up.


A rule change could make it much harder to go "judge shopping".

and let's close with something backwards

Tim Blais is one of those people whose collection of talents seems unfair. He's musical, does great videos, and also knows a lot of science. His A Capella Science YouTube channel has some amazing stuff, like a Billy Joel parody "The Arrow of Entropic Time".

Monday, March 11, 2024

Core Values

I know I may not look like it, but I’ve been around a while. When you get to be my age, certain things become clearer than ever. I know the American story. ... My lifetime has taught me to embrace freedom and democracy, a future based on core values that have defined America — honesty, decency, dignity, and equality — ; to respect everyone; to give everyone a fair shot; to give hate no safe harbor.

- President Joe Biden, 2024 State of the Union

This week's featured post is "Biden Met the Challenge".

This week everybody was talking about the State of the Union

They were also talking about Katie Britt's disastrous Republican response. The featured post covers both.

and Super Tuesday

As expected, Trump locked up the Republican nomination and Nikki Haley withdrew. She didn't immediately endorse Trump, but I have to believe that's coming. She sees what he is, but she's going to bend the knee to him anyway.

On the Democratic side, Biden was not seriously challenged. In fact, Biden has done quite well in the primaries: His vote totals compare favorably with the percentages Obama got when he ran for reelection in 2012.

So here we are: a Biden/Trump rematch in the fall. It's time for everybody to stop fantasizing that they'll get some other choice and decide whether they want a democratic future or a fascist one.


Jay Kuo points out an aspect of Super Tuesday that hasn't gotten much coverage: Polls appear to have a pro-Trump bias. Kuo means "bias" in the statistical sense, not the conspiracy-theory sense. In every state but North Carolina, Trump's margin of victory was smaller than the polls predicted. Kuo doesn't accuse pollsters of trying to promote Trump, but apparently something in their technique makes them more likely to include Trump voters in their samples. Kuo links to University of Michigan Professor Justin Wolfers:

By my count Trump's actual margin in the primaries has underperformed that predicted by the polls by: 0-5%: AL, IA, TX

6-10%: CA, ME, NH, SC

10-15%: MA, MI, OK, TN, UT

16-20%: -

20% or more: MN, VA, VT (an astonishing 34%)

In Vermont, Trump was supposed to win by 30%, and instead he lost. Kuo draws the obvious conclusion:

If the national polls are overestimating Trump’s strength at anywhere near the levels that the primary polls did, then Biden would be leading Trump in all of them.


Super Tuesday also included downballot candidates. North Carolina nominated right-wing crank Mark Robinson for governor, giving Democrats a serious chance to hang onto that office as Governor Roy Cooper term-limits out.

In another widely watched race, Democrat Adam Schiff and Republican Steve Garvey (the baseball player) advanced to the November election for Senate in California.

and the NYT

For weeks I've been harping on the NYT's coverage of Biden: Whatever he says or does, the story is about his age, and no good news about Biden can be presented without "balancing" it with negative possibilities. Biden regularly gets a higher percentage of primary votes than Trump does, but Trump is portrayed as romping to victory while Biden's results are ominous.

Well, this week the chorus of NYT-critical voices swelled. Salon columnist Lucian Truscott wrote "There's something wrong at The New York Times".

I don’t want to bring up but her emails, but for crying out loud, why is the New York Times so clearly making the same mistakes of bias and emphasis they made in 2016 covering Hillary Clinton all over again? ...

There are no scandals with the name Biden attached to them, unless you consider the lies Russian spies supplied the so-called impeachment committee with. So The New York Times has apparently devoted half a floor in its Eighth Avenue headquarters to a search for bad news about Biden, and then they reserve a space nearly every day above the fold on the front page for whatever grain of grim shit the Biden hunters have managed to come up with. They’re probably working on a story on how Biden is losing the pro-choice vote as we speak, while pointing out the wild success of Trump’s “move to the middle” on abortion with “centrist” voters.

Dan Froomkin critiqued an interview with NYT's publisher, and "translated" the underlying message to the NYT's reporters and editors:

One: You will earn my displeasure if you warn people too forcefully about the possible end to democracy at the hands of a deranged insurrectionist.

And two: You prove your value to me by trolling our liberal readers.

That explains a lot of the Times’s aberrant behavior, doesn’t it?

And you can always count on Andy Borowitz to get to the heart of the issue:

POLL: A majority of Americans now believe that The New York Times, which was founded 172 years ago, is too old to be an effective newspaper.

and you also might be interested in ...

It looks like a government shutdown has been kicked down the road for another few weeks.

After pleading to the judge that the bond he needed to post was too high, Trump posted the $91 million on Friday, secured by an insurance subsidiary of the Chubb Group. Chubb chairman Evan Greenberg had been on an advisory committee during Trump's administration. The bond was required in order for him to proceed to appeal the verdict.

Now he needs to come up with $454 million by March 25 to appeal his civil fraud case.

Where exactly Trump gets this money should be a political issue, because we probably won't know where it came from or what promises Trump made to get it. I suspect, though, that these questions won't get the attention they deserve.


Last week I talked about the Nazi tactic of dehumanizing a group by treating their crimes as special, and in particular, how that tactic is being used against undocumented immigrants by presenting the Laken Riley murder as something uniquely horrible.

Gary Andover makes that point more sharply than I did:

Republicans are very concerned about one woman who was killed by a migrant. If she had been killed in a mass shooting by an American citizen with an AR-15 they wouldn't give a shit. Their response would be to loosen up gun laws even more.

And Fred Guttenberg, father of Jaime Guttenberg who was murdered in the Parkland school shooting, makes it personal:

To all MAGAT's using Laken Riley, where were you when my daughter was killed by a teenage American male? Where were you when Trump lied about the Parkland murder? You don't give two f-cks about Laken or her parents, just as you don't about victims of gun violence by Americans.

I'll tell you exactly where Marjorie Taylor Greene has been: Here's a video of her harassing Parkland survivor David Hogg with false accusations.


A couple insightful articles about anti-Semitism. Franklin Foer says "The golden age of American Jews is ending", and Daniel Drezner responds with "The State of American Jewish Anxiety".


Trump met with Hungarian autocrat Viktor Orbán at Mar-a-Lago Friday. In his remarks, Trump painted Orbán's government as something worth aspiring to here.

He’s a non-controversial figure because he says, "This is the way it’s going to be," and that’s the end of it. Right? He’s the boss.

One of the ways Orbán has achieved this lack of controversy is that his government and its political allies now own all the major news outlets, and he has stacked the judiciary so that it's useless to take him to court. He has reorganized the legislature into gerrymandered districts that his party can easily control with a minority of voter support.

Orbán is a hero to American conservatives. He has spoken at the CPAC conference here and held CPAC conferences in Budapest. Tucker Carlson has described Hungary as a "signpost to a better way".

and let's close with something hollow

I am filled with curiosity about Wilson's new airless basketball, which is 3D-printed and designed to have the exact weight and bounce of an NBA ball. Unfortunately, the prototype currently goes for around $2500, so I think I won't get my hands on one for a long time.

But Marques Brownlee did get to play with one, and here's what he reports.

Monday, March 4, 2024

Failing

In some ways, all this is no surprise. Trump the businessman and politician is to a great degree a creation of the American judiciary. Early in his career, he figured out that the legal system was acutely vulnerable to someone with money and total shamelessness. He learned that if he categorically refused to admit defeat, clogging up the proceedings with endless motions and filings, he could rip off his contractors, repeatedly default on his debts, seemingly cheat the IRS out of millions in inheritance taxes, and get away with it just about every time. If you’re a star, they let you do it.

- Ryan Cooper "The American Judiciary is Failing its Trump Test"

There is no featured post this week.

This week everybody was talking about the Supreme Court helping Trump

It would be easy to write at length about this, but I refuse to do it. I would just rant, and plenty of people are ranting already.

Here's the gist: Wednesday, the Supreme Court put its thumb on the scale in Donald Trump's favor, virtually guaranteeing that the most significant case against him -- the federal case in DC arising from his plot to stay in office after losing the 2020 election -- will not reach a verdict by election day.

Their vehicle for aiding Trump is his absurd claim that ex-presidents are immune to prosecution for any actions they took in office, unless they've first been impeached by the House and convicted by the Senate. Basically, this means that a president who retains the support of 34 senators can break any law without fear of facing consequences (including consequences from the voters, because he can break any law to make sure he stays in office). During the oral arguments before the appellate court, Trump's lawyers had no answer when asked if a president could have the military assassinate his rivals.

If such immunity exists, the trial against Trump cannot progress. So everything has been on hold. Judge Chutkan's original calendar called for the DC trial to begin today. But Trump's lawyers filed their immunity claim back in October, and Judge Chutkan rejected it on December 1. When Trump appealed, Special Prosecutor Jack Smith asked the Supreme Court to take that appeal immediately and decide it quickly. The Court refused.

So there was an appellate hearing, resulting in a unanimous ruling rejecting Trump's claims on February 6. Trump appealed again, but because the appellate ruling was complete and unanimous, many observers felt there was nothing for the Supreme Court to resolve. It could have refused the case and let a trial start in May or June.

Nonetheless, the Court sat on Trump's motion for seven weeks, and then Wednesday announced that it will hear arguments April 22, which presumably will lead to a ruling near the end of their term in June.

Judge Chutkan's schedule still has about three months for pretrial activities, so if the Supremes take as long as they appear to be doing, the earliest jury selection could begin is the end of September. From there, it would be no trick for Trump's lawyers to delay the verdict until after the election.

No one thinks the Court will agree that Trump is immune from prosecution, which continues to be an absurd idea, rejected by every judge who has considered it. But they don't need to. Trump's strategy has never been to argue his innocence in court, because the evidence clearly says he's guilty. Instead, he hopes to delay, get reelected, and then tell his Justice Department to withdraw from the case. Even if there is a verdict against him in November or December, he can appeal. And if the Justice Department refuses to fight the appeal, the case dies.

Wednesday, the Supreme Court signed on to Trump's strategy. It did this because it is even more corrupt and partisan than I had previously suspected.

But I refuse to rant.


Just this morning, the Court released its opinion on the 14th Amendment case to disqualify Trump. It sided with Trump, ruling that states do not have the power to invoke the Amendment's insurrection clause. The decision reserves that power to Congress.

I haven't had time to analyze the decision yet, but it's worth noting that no justice addressed Colorado's conclusion that Trump did indeed engage in insurrection against the United States.


The other 2020 election case, the state RICO case in Georgia, is also on hold while the judge decides whether Fani Willis should be disqualified as prosecutor. Disqualification would almost certainly delay the trial until after the election, and could scuttle the case completely.

Hearing on that matter concluded Friday, with the judge saying he should rule in two weeks. Unquestionably, Willis' affair with another prosecutor looks bad, but the question is whether the issue reaches the rights of the defendants: Did Willis have some conflict of interest that compromises the defendants' rights to a fair trial? I think not, but we'll see.


The Trump-appointed judge in the Mar-a-Lago case continues to favor Trump in any way possible. Friday she denied Jack Smith's request for a July trial date, which she called "unrealistic". When the trial will actually happen is anybody's guess.


The only case that is on track to produce a verdict before election day is the NY state false-business-records case. According to the indictment, Trump Organization business records were falsified to hide Trump's reimbursement of Michael Cohen for paying off Stormy Daniels, so that voters would not learn about his affair with Daniels before the 2016 election.

The trial date is March 25, and the heart of the matter -- whether the records are false -- is pretty much uncontested so far. So if the case reaches a jury, Trump will probably be convicted. The way he could get off is through technicalities: If the crime should have been charged as misdemeanor falsification rather than felony falsification, then the statute of limitations has expired.


Meanwhile, we're all wondering about Trump's finances. He says he's appealing both the $83.3 million judgment against him in the second E. Jean Carroll case and the $454 million judgment in the NY civil fraud case. The rules around appeals require that he post some bond to guarantee that the people who won the judgments will get paid if his appeals fail. Appeal, in other words, is not a way to hang onto money longer.

Judgment in the E. Jean Carroll case was finalized on February 8 and in the NY civil fraud case on February 23. So if I count 30 days right, Trump needs to guarantee the $83 million on Saturday and the $454 million on March 24. (That's a Sunday, so I might be a day off. AP says NY Attorney General Letitia James could seek enforcement -- like seizing property, for example -- on March 25.)

In spite of his frequent boasting about his wealth, Trump doesn't have that kind of money available. So he's been treating the judgments against him as if they were negotiable: The court has made its claim, then he makes a counteroffer, and so on. (You should try this the next time you get a traffic ticket. "I know the ticket says $50, but how about I give you $15 and we call it even?") In the Carroll case, he offered that the court should just take his word that he's good for the money. (Carroll's responding court filing described his offer as "the court filing equivalent of a paper napkin signed by the least trustworthy of borrowers".) And in the fraud case he offered $100 million. Both motions were denied by the judges.

I guess we'll see what happens by next Monday.

and Mitch McConnell

The Mitch McConnell Era in the Senate will end this November. Most liberal commentary on McConnell's retirement has balanced two thoughts:

  • McConnell has done terrible damage to the Senate, the judiciary, democracy, and the country as a whole.
  • Whoever replaces him as leader of the Senate's Republicans will probably be worse.

Josh Marshall (I'm trying out a feature that allows me to share a members-only article; I hope it works) attempts to give the Devil his due like this: "McConnell was great at doing political evil."

Mitch McConnell’s great legacy is the thorough institutionalization of minority rule in U.S. politics, especially at the federal level. ... These days you often hear reporters and commentators saying matter of factly that legislation requires 60 votes in the Senate. This is truly McConnell’s greatest accomplishment. People say this like it’s in the Constitution, like the two-thirds requirement for conviction at impeachment or to approve a treaty. But it is a novel development and it has radically altered U.S. politics. It transforms the federal Senate into a genuinely Calhounian body in which minority factions exercise a de facto and permanent veto over the majority.

It’s what creates gridlock, the breeding ground of political disaffection and extremism. It also lays the groundwork for McConnell’s other great accomplishment, the corrupted federal judiciary and especially the corrupt Supreme Court.

DailyKos staffer Joan McCarter lists "The 17 worst things Mitch McConnell did to destroy democracy". She recalls his refusal to hold hearings on Merrick Garland's Supreme Court nomination (because it was months away from the 2016 election) combined with his steamrolling Amy Coney Barrett's nomination through (mere weeks before the 2020 election); his unwillingness to regulate either guns on the streets or money in politics; turning the debt ceiling into a permanent political hostage; and his vote to acquit Trump despite admitting that he was guilty.

That last was McConnell's biggest miscalculation: He thought Trump was finished after January 6, and figured he didn't need to tick off Trump's supporters by convicting him. And so he surrendered the old Reagan Republican Party to the new MAGA fascists.

Maybe the deepest critique of McConnell comes from a 2018 NY Review of Books essay by Holocaust scholar Christopher Browning (which is behind a paywall). Browning compared McConnell to the Weimar Republic's conservative president Paul von Hindenburg, who paved the road Hitler walked to power. Similar to the way Hindenburg hoped for a restored monarchy but wound up with Hitler, McConnell envisioned a plutocratic conservative ascendancy, but wound up enabling populist authoritarianism.

To me, McConnell is a villain who in the end was not quite villainous enough to win out.

and Gaza

Despite continuing rumors that a ceasefire agreement may be immanent, there's still no agreement. Naturally, each side blames the intransigence of the other.

Meanwhile, AP reports this incident:

Israeli troops fired on a crowd of Palestinians racing to pull food off an aid convoy in Gaza City on Thursday, witnesses said. More than 100 people were killed in the chaos, bringing the death toll since the start of the Israel-Hamas war to more than 30,000, according to health officials.

Israel said many of the dead were trampled in a chaotic stampede for the food aid and that its troops only fired when they felt endangered by the crowd.

It's telling, I think, that the Israeli account says that the situation in a part of Gaza its troops control has become so dire that people are trampling each other to get food. Also, the US has begun airdropping food aid into Gaza. To me, that points to an extreme level of frustration with the border crossings. Airdropping aid is well-known to be extremely inefficient.

The NYT's Megan Stack wrote an article about children without food in Gaza, but I bet she didn't choose the headline: "Starvation is Stalking Gaza's Children", as if "starvation" were an abstract force that no one is responsible for.


+972 Magazine (a Palestinian/Israeli journalistic consortium named for an area code) reports that Israeli settlers have begun reoccupying Gaza. The first "symbolic" settlement is unauthorized by the government, but soldiers did not interfere.


Israelis are protesting for a variety of reasons: Police broke up a fairly large anti-Netanyahu demonstration Saturday. But other protesters are trying to block convoys of food, water, and medicine from reaching Gaza.

and the continuing IVF fallout

The Alabama legislature is working on bills to get the state's IVF clinics open again. The state senate passed a bill whose official summary says:

This bill would provide civil and criminal immunity to persons providing goods and services related to in vitro fertilization except acts or ommission [sic] that are intentional and not arising from or related to IVF services.

The house is working on a similar bill, and presumably they'll work something out. If this gets passed, the official position of the State of Alabama will be that a frozen embryo is a human being and disposing of an embryo is murder, but murder is OK in this particular circumstance.

This is the kind of thing that happens when religious zealots get control of a state.


Alabama gets all the recent attention, but things may be even worse in Louisiana:

The majority of Louisiana’s fertility clinics have been shipping patients’ embryos out of state for years, with some ending up in Florida and others as far away as Nevada. The time-consuming and costly process is a result of a 1986 state law that banned the destruction of embryos created during IVF.


Don Moynihan put his finger on precisely why IVF is such a wedge issue for MAGA extremists:

a constraint upon a service used primarily by wealthy White couples — IVF treatments run between $15,000-$20,000 for a single cycle — went too far. The logic of the judicial decision — if life begins at conception, embryos must be people — fails against the logic of Christian nationalism — that White people need to reproduce to avoid being replaced.

So if your fundamental mindset is racist, you love IVF because it makes more White babies. But if your fundamental mindset is sexist, you hate IVF because it gives women more control over their lives. If you're racist and sexist in equal measures, your head explodes.

and the polls

This week a poll showed Trump leading Biden by 5% among registered voters and 4% among likely voters. OK, that's a real thing that happened. But for some reason, the NYT put this poll at the top of its online news page for more than 24 hours, and fleshed it out with articles about how concerned Democrats are about Biden and how many people think he's too old.

I'm old enough to remember last week, when a major poll showed Biden ahead, and the Times barely mentioned it. I find myself agreeing with Justin Rosario:

The SECOND those polls reverse, they will, I promise you, stop talking about them.

Some of the crosstabs of the Times-hyped poll look weird, to use a technical poll-watching term. They says the race is even among women, Trump leads among Hispanics, and that he's getting around 1/4th of the Black vote -- about double what any Republican has gotten in a general election since Gerald Ford got 16% in 1976. There are two ways to analyze this:

  1. Biden is in trouble among core Democratic constituencies.
  2. Maybe we shouldn't trust this poll.

The Times went with the first interpretation, but Sarah Jones and Jason Easley went with the second.

I have an in-between interpretation: The issues in the headlines right now -- Gaza and the border -- are ones that split Democrats. Everybody to my left is absolutely horrified that Biden is letting/helping Israel do what it's doing in Gaza, and that Biden backs a border bill that gives Trumpists a lot of what they want (even if they refuse to take it). Consequently, many liberals are not willing to tell a pollster that they will vote for Biden.

However, I think a lot of these voters will come home in November. They may not have gotten any happier with a few Biden policies, but they'll look at the choice and realize that even on those issues a second Trump administration would be infinitely worse. (How much do you think Trump cares about children starving in Gaza?) And then there are the issues of democracy and climate change, which Trump links like this: "You know why I wanted to be a dictator? Because I want a wall, and I want to drill, drill, drill."

The first campaign I have clear memories of was 1968. That year, liberals opposed the Johnson administration's policies in Vietnam and were also angry about how they had been treated at the Democratic Convention. In August, polls showed Richard Nixon beating Johnson VP Hubert Humphrey in a landslide, with margins as high as 16%. But most of those voters came home, and the November election wound up being one of the closest in history.

and you also might be interested in ...

Maybe it's a coincidence that Florida has both a measles outbreak and an anti-vax state surgeon general. Or maybe it's not.

A lot of people on social media are calling attention to Trump saying this in Richmond on Sunday. But it's barely been mentioned in major media.

And I will not give one penny to any school that has a vaccine mandate or a mask mandate.

Critics point out that every state, including Virginia, has vaccine mandates. But I haven't seen enough context to know if he really meant ALL vaccines, or just the Covid vaccine. That's the benefit Trump gets from his sloppy way of speaking. There's always room for supporters to say: "He didn't really mean that." (Usually right after they claim "He tells it like it is.") And he never does an interview with a journalist persistent enough to pin him down.


The Institute on Taxation and Economic Policy analyzed the results of the Trump Tax Cuts. Their study covered "the largest profitable corporations from 2018 through 2022", 342 of them in all. Ostensibly, the law lowered the corporate tax rate from 35% to 21%, but in fact the average company studied paid only 14.1%. One out of four paid a single-digit tax rate, and 23 paid no tax at all "in spite of being profitable every single year".

Companies paying less than 5 percent include T-Mobile, DISH Network, Netflix, General Motors, AT&T, Bank of America, Citigroup, FedEx, Molson Coors, Nike, and many others.


Brad DeLong does a simple thought experiment defending affirmative action, and explaining why some members of the dominant group will falsely believe that they have been denied something they "earned".


Sometimes (not today) I think the weather in New England is bad. But we never get buried in tumbleweeds, as some towns in Utah have been lately. And here's something I didn't know: Tumbleweeds may be icons of the Western countryside, but they're an invasive species -- the Russian thistle.


Adam Rubenstein writes about having been a conservative editor at the NYT. Mainly he's telling the sad tale of how the higher-ups scapegoated him when the NYT faced a serious backlash for publishing a Tom Cotton op-ed (calling for Trump to send the military into US cities to put down the sometimes violent protests after police murdered George Floyd). Scapegoating is something I can sympathize with, but Rubenstein is hoping for a more general stranger-in-a-strange-land kind of sympathy, which I can't offer him.

Rather than create sympathy, his essay underlines exactly why conservative points of view are shunned in many reputable newspapers: because they're based on bullshit, and you can't publish them without promoting bullshit. Like this:

I often found myself asking questions like “Doesn’t all of this talk of ‘voter suppression’ on the left sound similar to charges of ‘voter fraud’ on the right?” only to realize how unwelcome such questions were.

Well, maybe such questions are "unwelcome" because Republicans' incessant claims of voter fraud are never backed up by any evidence, while voter suppression smacks you in the face. (Can you name a rural White community where people have to stand in line for hours to vote? Or an acceptable form of voter ID that non-Whites are more likely to have than Whites?) Or think about climate change: Can you publish a conservative view without giving a platform to bullshit? It would be quite a trick.

This week's particular conservative bullshit is "migrant crime", sparked by the death of Laken Riley, a nursing student in Georgia who was murdered, apparently by a Venezuelan who entered the country illegally.

Riley was indeed murdered; that much is true. What's false is the "migrant crime wave" invented by Donald Trump and echoed ad infinitum by Fox News.

An NBC News review of available 2024 crime data from the cities targeted by Texas’ “Operation Lone Star,” which buses or flies migrants from the border to major cities in the interior — shows overall crime levels dropping in those cities that have received the most migrants.

Overall crime is down year over year in PhiladelphiaChicago, DenverNew York and Los Angeles. Crime has risen in Washington, D.C., but local officials do not attribute the spike to migrants.

“This is a public perception problem. It’s always based upon these kinds of flashpoint events where an immigrant commits a crime,” explains Graham Ousey, a professor at the College of William & Mary and the co-author of “Immigration and Crime: Taking Stock.” “There’s no evidence for there being any relationship between somebody’s immigrant status and their involvement in crime.”

Trump and Fox are using an old Nazi tactic that can dehumanize any group. The Nazi newspaper Der Sturmer loved to publish articles about sensational Jewish crimes. Some of the crimes the paper made up or exaggerated, but probably not all of them. After all, Jews are people, and people occasionally commit crimes. If your ideology calls for making "Jewish crime" a special thing, you can.

Same thing here. Migrants are people, and people occasionally commit crimes, including murder. That doesn't mean "migrant crime" is a significant issue.

The Atlantic's Ian Bogost says TV resolution has gotten out of hand: HDTV was a noticeable improvement over the previous standard. But you won't sit close enough to your 4K TV to tell the difference from an HDTV. And now 8K is coming!

and let's close with something edifying

I suspect that the difference between good science education and bad science education is bigger than just about any other educational field. Bad science education quickly becomes tedious, while good science education has a mind-blowing oh-wow effect.

Take a look at the videos at Branch Education, where I've been having a number of oh-wow experiences lately. Some are explanations of fundamental scientific devices, like How Do Electron Microscopes Work?, while others undo some popular misconception or answer a question you'll wonder why you never thought to ask.

In the popular misconception category: We all understand the inaccuracy of the sound effects in movie battles between starships, because you wouldn't actually hear explosions in space. Sound is a wave traveling through a medium. And deep space is a vacuum, so it should be totally silent. Except when it's not.

Monday, February 26, 2024

Sliding

If you don’t think this country is sliding toward theocracy, you’re not paying attention.

- Charles Blow

This week's featured post is "Sweet Home, Gilead".

This week everybody was talking about IVF in Alabama

The Alabama Supreme Court's ruling that frozen embryos are children for the purposes of wrongful death lawsuits is covered in the featured post.

Just after I pushed the Post button, I saw that Jay Kuo had written about his personal IVF story. His IVF child is currently in a surrogate mother's womb. (Since I subscribed to Kuo's substack blog, I've been linking to it almost every week.) He includes a photo of a frozen embryo, so we know what we're talking about.

The bottom line is that the GOP can’t support IVF and support the idea that an embryo is a “person” entitled to full protection under our laws. Supporting IVF means understanding how it actually works and being comfortable with the idea that intended parents must create more embryos than we ultimately need. And clinics cannot be on the hook for murder should anything happen to them. No clinic coul survive with that threat hanging over it.

Neither of those two principles can be truly supported by Republicans so long as their party adheres dogmatically to the “life begins at conception” notion. Politicians who claim to support IVF must repudiate these kinds of fetal personhood laws, or their public backing of IVF means exactly nothing.


In my post, I tried not to treat the Alabama court's position with all the contempt it deserves, so I resisted the temptation to include the "Every Sperm is Sacred" scene from Monty Python's The Meaning of Life.


In other religious-right news: The campaign to overturn the Obergefell same-sex marriage decision begins in Tennessee, with a law allowing state officials to refuse to solemnize same-sex marriages.

This law wouldn't block same-sex marriages, because same-sex couples could still get a marriage license and find somebody other than a judge or other government official to play the celebrant role. But it does relegate them to a second-class status, which this Supreme Court will probably think is fine. This is exactly the kind of chipping-away that states did on Roe v Wade until it was reversed.

Personally, I judge these things by applying a racial analogy: What if a judge refused to marry an interracial couple to express his personal disapproval? Of course, Justice Alito is unmoved by this analogy. Recently he wrote that his dissent in Obergefell was prescient in foreseeing

that Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be ‘labeled as bigots and treated as such’ by the government.

Of course, if you want to deny the full rights of citizenship to people your religion disapproves of, and you believe that government officials should be able to treat them with official disrespect, you are a bigot. Conservative political correctness may not let people say so, but it's not even a close call.

and Russia, Russia, Russia

Last week we learned that the Biden impeachment case -- which had always been flimsy -- had fallen completely apart: The star witness for the bribery story Republicans wanted to tell, Alexander Smirnov, had been indicted for making the whole thing up and lying to the FBI. Another prospective witness, Gal Luft, had been indicted last summer for arms trafficking and being an unregistered Chinese agent.

This week we found out it's worse than that: Smirnov now says he got his anti-Biden stories from Russian intelligence.

Jay Kuo (him again) lays out the pipeline by which Russian disinformation found its way to the Trump Justice Department and from there to Republicans in Congress (Jim Jordan, James Comer, Chuck Grassley) who pushed it out to the country.

These GOP leaders are at best hapless dupes. They should have known and understood the games Russia was playing with them. But we shouldn’t discount the possibility that they were well aware that the Smirnov claims were false and may have originated from Russian intelligence… and then went along with them anyway.

Indeed, we should now actively investigate this possibility.

In a members-only newsletter on TPM, Josh Marshall wonders if the mainstream press is up to covering this story.

Donald Trump and his MAGA legions have spent years shock-training reporters not to bring up anything else about Russian disinformation programs aimed at helping Donald Trump. But they’re real. They’re continuing. They’re actually working. And that remains the case no matter how many times Donald Trump says “RUSSIA RUSSIA RUSSIA” on Truth Social. Reporters have been conditioned to ignore the clear implications of what we’re learning.

So what does he think the real story is?

[W]e now see that almost all of 2023 was dominated by a legal/political story that was not only bogus but — according to prosecutors’ filings and the discredited source’s own admission to federal authorities — was a plant by the Russian intelligence services. That’s real. That requires an explanation as to how that was ever allowed to happen.

... The story here isn’t that the “Biden Crime Family” nonsense didn’t pan out. That was always transparently bogus. The story here is how the U.S. again got bamboozled by transparent foreign manipulation and how the U.S. political press bought into it pretty much whole hog. That doesn’t mean they accepted all the claims. But they treated it as reasonable, worthy of a presumption of seriousness, a serious story to be covered as such. Even with the veritable forest of red flags.

and the Trump trials

Judge Engoron officially filed his judgment against Trump Friday, with the disgorgement-plus-interest standing at $454 million. This sets the clock running: Trump has 30 days to appeal. But appealing doesn't mean he gets to delay coming up with a substantial amount of money.

Trump has two options to meet the state’s demand: to pay the amount in full, or secure a $35m bond against his assets, which might include the Fifth Avenue Trump Tower, 40 Wall Street, his Mar-a-Lago estate, or a number of golf courses in the US.

The WaPo examines the difficulties Trump faces raising cash.

“If the guy can give phony financial statements, he can give phony information to the bonding company,” [attorney Mark C.] Zauderer said, referring to Engoron’s finding in the case that the Trump Organization submitted false information to banks to obtain loans. “A bonding company who is going to put up several hundred million dollars here is not, in my opinion, going to do it easily.”

Those Carroll and NY state totals face very different prospects on appeal. The Carroll money is mostly punitive damages, which was a judgment call made by the jury; an appeals court might make its own judgment and find that excessive. But the NY State money is based on disgorgement of specific ill-gotten gains. To reduce them, an appeals court would need to rejudge Engoron's conclusions: It would have to find either that Trump did not commit fraud, or that the fraud was not connected to these particular gains.


I'm not going to put a lot of effort into making fun of Trump's branded sneakers, because it's shooting fish in a barrel. But I will pass on one nickname they have picked up: Aryan Jordans. And one suggested slogan I heard: "Fast. Faster. Fascist."

and media malpractice

I already mentioned Josh Marshall's doubts that the mainstream media is up to covering the Smirnov story. But that's just part of a much larger failing.

This week, a new Quinnipiac poll had Biden ahead of Trump 49%-45%. So of course Politico's headline was "Poll: Nearly 70 percent of voters say Biden is too old to serve again". There's no such thing as good news for Biden.


Jeff Tiedrich recalls "the Clinton rules"

basically, Bill or Hillary would do something that every other politician in the entire history of the world does — something as simple as holding a fundraiser, or giving a speech — and the press would report it in hushed tones and describe it as if it were some new kind of dastardly scandal.

Well, the same thing is happening with Biden: Whatever he does -- even if every other politician in the world does it -- is evidence that he's too old. Tiedrich links to The Daily Mail, which has discovered the latest evidence of Biden's senility: He uses note cards!


Mark Jacobs raises a significant question about the NYT: "Is the New York Times neutral on the future of democracy?" He calls out all the doubts I have about whether the Times deserves my subscription: They regularly give a platform to known liars. They cover politics as "an amusing game", analyzing everything as strategy without discussing the consequences. They write headlines that hide horrible things Republicans say (like when Trump's "vermin" comment was simply "a very different direction" for a Veterans Day speech). And they find "balance" for every terrible thing Republicans do. (Trump is facing criminal charges? He encourages Putin to invade our allies? Yeah, but Biden is old. Biden's age is filling the same "balancing" role that Hillary's emails played in 2016.)

The Times' best work is very, very good. But I continue to wonder whether it's a net positive or negative for American journalism. One change you may have noticed on this blog: I used to subtly encourage my readers to subscribe, but I no longer do. So I'm only linking to NYT articles if there is something unique about them. If I can get the same information from The Guardian or CNN, I will.


The New York Times Pitchbot suggests an angle for the Times to take in the future:

Given the fact that Trump and Biden have 91 felony counts between them, it's no wonder that so many Americans are considering voting third party.


Last week I linked to Ezra Klein's call for Biden not to run, and for the Democrats to hold an open convention. This week many people pushed back on that idea. Lindsay Beyerstein called attention to Biden's success at unifying the divergent wings of the Democratic Party, and predicted that party unity would dissolve in an open convention.

In 2024, a contested convention would become an arena to settle every score from Gaza to Medicare for All. A free-for-all would shatter the fragile Democratic coalition that Joe Biden so carefully knit together.

Several pundits made the same observation: No alternative candidate is doing better than Biden in the polls against Trump. (Current polls show the race more-or-less even.) You can claim that's a name-recognition problem and they'll do better after they're nominated, but that's a leap of faith.

Josh Marshall writes:

The right answer to anyone making these kinds of open-ended statements of concern is to say, tell me specifically what course of action you’re advocating and, if it’s switching to a new candidate, how you get there in the next few weeks? ... Klein’s argument really amounts to a highly pessimistic but not unreasonable analysis of the present situation which he resolves with what amounts to a deus ex machina plot twist. That’s not a plan. It’s a recipe for paralysis.

and the wars

As Israel prepares its ground operation against Rafah (the southern-Gaza town where refugees have gathered), it still has no goal beyond the vague and unachievable "destroy Hamas". For an analysis of how everything arrived at this state, I recommend Zack Beauchamp's Vox article "How Israel's War Went Wrong".


In The New Yorker, a Palestinian who escaped to Egypt describes how the relatives he left behind are scrambling for food.


Biden continues to back away from Netanyahu very, very slowly. Friday, the administration restored a legal finding the Trump administration had reversed, saying that the West Bank settlements are against international law.

Tomorrow's Michigan primary will be a test of how much Biden's Israel policy is costing him, as Palestinian activists are campaigning for Democrats to vote "uncommitted" rather than for Biden.


We just passed the two-year anniversary of Russia's invasion of Ukraine. PBS Newshour gathered some experts to summarize.


My two-years-in observation is about the politics of the Ukraine War in the US: It resembles the politics of January 6. At the beginning, Americans responded the way human beings would. They sympathized with a country trying to get out of the orbit of Putin's fascist Russia when Putin's forces invaded to pull them back in. (I've since read all kinds of explanations about how either Ukraine or the West provoked Russia, and I just don't see it. There was never a threat to invade Russia through Ukraine. Anything less is a problem for diplomacy, not justification for an invasion. The typical answer to that point is to bring up the US invasion of Iraq, which was also unprovoked. But I have no trouble admitting that the Iraq invasion was wrong too.)

That initial gut response wasn't controversial in America. In the early days of the war, everybody, regardless of political party, was rooting for the underdog Ukrainians and wondering what we could do to help. That's how the situation was similar to January 6: In the beginning, everybody who wasn't actively involved in the coup reacted with horror to Trump's brownshirts attacking the Capitol to try to keep him in power by force. Kevin McCarthy, Mitch McConnell, and just about the whole GOP establishment united with Democrats in their initial rejection of what Trump had done.

But then the MAGA media machine and the MAGA social-media conspiracy theorists got to work on reversing the natural human instincts of the people under their sway, and today both Ukraine and January 6 are partisan issues.

and the dysfunctional House of Representatives

Ukraine aid isn't the only thing House Republicans are stalling. Speaker Johnson has recessed the House until Wednesday, with a partial government shutdown looming Friday and the rest of the government running out of money a week later. The WaPo reports that "talks have slowed" on a compromise to prevent a shutdown.

The four appropriations bills set to expire Friday — agriculture; military construction-VA; energy and water and transportation; housing and urban development — are the easier ones. On March 8, funding runs out for more controversial bills for which the far right is demanding even more explosive policy riders around abortion, LGBTQ rights and border security.

and you also might be interested in ...

South Carolina's Republican primary was Saturday, and Trump won over Haley, 59%-39%. How you read that result depends on the question you're asking. If you're focused on whether Trump will be nominated, this is a very solid positive result. If Haley is 20 points down in her home state, she really has no chance.

But if your question is whether Trump will be able to unite the Republican voters in the fall, this is a weak showing. Voters went in knowing Trump was the almost certain nominee, but 39% refused to get in line behind him.


Democracy is returning to Wisconsin. For many years, the Wisconsin legislature has been gerrymandered to guarantee Republican control, independent of the will of the voters. AP reports that Democrats have won 14 of the last 17 statewide elections, but somehow those same elections have yielded a Republican supermajority (22-10) in the state senate and a near supermajority (64-35) in the state assembly.

Nonetheless, the voters of Wisconsin still had access to a few levers of power. Last April, Janet Protasiewicz won a 55%-44% victory to gain a seat on the state supreme court, flipping the court to liberal control. In December, the court ruled 4-3 to throw out the Republican-drawn legislative maps. Forced to negotiate with Democratic Governor Tony Evers (another winner of a statewide election), the Republican legislature produced a relatively fair map, which Evers signed into law last Monday.

The Milwaukee Journal Sentinel reports:

Under the new state Assembly map, the districts are more evenly split. The new map has 46 districts that lean Republican and 45 districts that lean Democratic. The eight districts left are likely to be a toss-up between Democratic and Republican candidates. ...

Under the new state Senate map, 14 out of 33 districts are Democratic-leaning, while 15 are Republican-leaning. Four districts are competitive, where either party has a fair chance of winning them.

However, the Wisconsin congressional maps are still gerrymandered, and Republicans hold six of the eight seats. Democratic voters are packed into the other two districts (containing Madison and Milwaukee), which they won by 19 and 25 points.


The NYT reports on "The Crisis in Teaching Constitutional Law". What's the crisis? The clearly partisan nature of the current conservative supermajority on the Supreme Court. The older generation of professors once shared a faith that interpreting the Constitution is a meaningful activity transcending politics. Justices might have philosophical differences that lead to diverse conclusions, but fundamentally they are all making a good-faith attempt to understand what the law means. Recent Supreme Court decisions -- like the Bruen gun control decision -- have shaken that faith, to the point that law professors don't know what to teach their students.

Whatever rationale or methodology the justices apply in a given case, the result virtually always aligns with the policy priorities of the modern Republican Party. ...

Stanford’s Professor McConnell recalled a recent exchange in one of his classes. “I said something to the effect of, ‘It’s important to assume that the people you disagree with are speaking in good faith.’ And a student raises his hand and he asks, ‘Why? Why should we assume that people on the other side are acting in good faith?’ This was not a crazy person; this was a perfectly sober-minded, rational student. And I think the question was sincere. And I think that’s kind of shocking. I do think that some of the underlying assumptions of how a civil society operates can no longer be assumed.”


I don't know how many times I've heard that "the stock market always goes up in the long run". Well, sometimes the long run is a very long time indeed. If you bought Japanese stocks at their peak in 1989, you finally turned a profit this week.

and let's close with some musical training

I've heard lots of versions of Pachebel's Canon, but never before one based on train whistles.