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A midsummer night’s rant

Two years ago I ranted on this blog about the left’s inability to craft its message, in that case excoriating whatever leftist (if he or she wasn’t a right wing mole) crafted the phrase “defund the police”.

There are two sides to the left’s failure in this regard. Not only do we fail to craft a message and push it the way we should, but we accept right wing framing.

Case in point, one of the hundreds of fundraising emails I received today was from one Lucas Kunce, who is running for Senate in Missouri. Here’s the subject line of his email:

I grew up in a pro-life home.

He then goes on to explain that while his parents were anti-abortion, he supports abortion rights.

Now, have you ever heard a Republican refer to people who support abortion rights as “pro-choice”? Of course not. They won’t accept our framing, but we accept theirs, even when it is totally at odds with reality. If we agree to call anti-abortion people “pro-life” then we are implicitly admitting that we are “anti-life”. Not only is that terrible messaging, but it’s not true, since we are the ones who support things like not allowing gun nuts to slaughter school children, medical care for everyone, etc.

Kunce is not alone in enabling this particular bit of Republican messaging. It happens all the time. It is one of the may incompetencies that have undercut the Democratic Party and contributed to its propensity to lose elections it should win.

I very much hope Kunce wins his election, but how hopeful can you be when he wants me to know that he was once pro-life, but isn’t anymore?

Report card so far

I don’t have a television, so I will be watching the January 6 hearings on YouTube, most likely not when they originally stream, but I’ll catch them in repeats.

Some readers (assuming there are any) might expect me to have a cynical take on them, but, at least so far, I think things are going well.

I’m no fan of Liz Cheney, as her politics are horrible, and I think she’d be fine with fascism, so long as it’s ushered in as her Dad tried to do. That being said, I think having her do most of the presentation was a good idea, as it helps give the lie to the “partisan witch-hunt” line of argument.

Being a geezer, I can recall the Watergate hearings, which I avidly followed. There really aren’t that many similarities, and that’s a sign of how far we’ve declined. The Watergate hearings, and the impeachment hearings that followed, really were pretty bipartisan. The only person I can recall acting like a Jim Jordan or his ilk was a Republican Congressman from New Jersey named Sandman, and he pretty quickly became the object of almost universal derision. If memory serves, he lost his seat in the next election. Had there been a Fox channel back then, he would have been made into a national hero.

Another difference: during the Senate Watergate hearings we actually learned things we didn’t already know. For the most part, we’ve learned nothing in these hearings that a person paying attention didn’t already know. But that’s fine, because the hearings are aimed at the people who have not been paying attention. One exception: the fact that multiple Congressional criminals asked Trump for pardons after January 6th. I don’t know what the overall game plan might be, but I sure hope they spend at least one hearing exposing those people. One doesn’t ask for a pardon unless one has a consciousness of guilt. Taking a step back, once again we must ask, why are these people so stupid as to think Trump would do anything for them? Were he to have pardoned them when they asked he would have been publicly admitting that the insurrection was a criminal enterprise in which they, and by extension, he, was involved. By that time it had been made clear to Trump that pardoning himself was not likely to work, so why should he have done anything for them while increasing his own exposure?

Pop Quiz question: Has this country really declined so far that these people would have accepted a preemptive pardon and still expected to win reelection, even in a bright red district? Answer: “yes”.

Speaking of quizzes. Here’s one everyone should take.

Ponzi, updated

I admit that I have never been able to understand cryptocurrency. The idea that one can create value by wasting electricity and/or solving mathematical problems that no one cares about escapes me. Even an NFT is at least a sort of a thing, which one gets in exchange for one’s money, though I find it hard to believe that a bunch of pixels, always really in someone else’s possession, can be worth millions of dollars.

But here’s a newer scam that I think I do understand a bit more. I once had a case involving a Ponzi scheme where, thanks to our ability to get to a windfall to the fraudster (he won the lottery and made the mistake of letting them put his grinning face on the front page of the papers) we were able to get some money back for the folks he defrauded. Like the scheme I’m about to discuss, the deal he offered was too good to be true, but if you got in early…

So here’s the latest twist on the Ponzi scheme: the “move to earn” game. Participants are being paid to walk. Not to any particular place, nor to any particular person, nor for any particular reason other than personal health, perhaps. No one gets anything of value in exchange for the cryptocurrency in which the walkers are paid:

The typical move-to-earn game works similarly to Axie Infinity: A new user buys into the game with an initial investment, which can range from under \(100 to \)3,000. In return, the user gets an NFT —a digital shoe in Stepn’s case—that grants them the ability to start making money. When they exercise, the user is able to earn some of the company’s signature token (in Stepn, that’s GST, for Green Satoshi Tokens) but only for a set amount of time per day (say, 10 minutes). 

Players can cash out, but the game provides an incentive not to do so: They can often earn more money per day if they reinvest the money back into the system, for example, by paying to upgrade their NFT shoes or buying more of them—again, these shoes are not real—which allows them to earn for more minutes every day. The NFT shoes then become investments in and of themselves, able to be sold (or even leased) to the highest bidder. Stepn makes money from all this activity by pocketing a tax on in-app activities, including NFT trading and minting rentals. 

The full article to which I’ve linked gets into the weeds, but the bottom line is that nothing of value is created within the process. The only money that comes in is paid by the walkers in the form of entrance fees and the other fees discussed in the quote above. It is then paid back in return for walking, with the fraudsters taking a cut. It doesn’t take much thought to realize that it can only work if new people keep coming in to increase the supply of money to be paid to those who came before.

The fraudsters insist that it’s not a Ponzi scheme and that they are taking steps to prevent the inevitable, but it seems pretty clear that at most they will delay the inevitable. The particular scheme on which the linked article focuses is already showing signs of collapse. Apparently there are a number of these “move to earn” sites out there. In the Ponzi scheme case in which I was involved, to which I alluded above, the fraudster ended up in jail after we put him through involuntary bankruptcy. It would seem that the DOJ should be taking a good hard look at these scammers, but I suppose when you’re working on prosecuting traitors for sedition, simple fraud may have to take a back seat.

Just as an addendum, there is apparently fraud on both sides. Some folks have found a way to make the game think that they’ve walked, when they’re actually just sitting back collecting their cryptocurrency.

Schadenfreude of the day

Try as I might (and I’m not really trying), I can’t seem to dredge up any sympathy for the folks who got conned by Madison Cawthorn and his friend’s Let’s Go Brandon (LGB) cryptocurrency scam.

Seems the “value” of the currency went way up shortly after Cawthorn endorsed it at the end of last year, after which he cashed out for a quarter of a million really dollars, after which the value went down to zero:

Cawthorn saw his investment in the coin increase by upward of a staggering 97% during the 10-day period he held the coin, according to LGB’s market data.??>“This looks like a pretty classic ‘pump and dump’ scheme,” said Jordan Libowitz, a spokesman for Citizens for Responsibility and Ethics in Washington.

LGB’s market value suffered a precipitous decline beginning just one day after Cawthorn offloaded upward of \(250,000 of the coin onto the market. The coin’s troubles compounded on Jan. 4 after NASCAR rejected the coin’s sponsorship deal with Brown. By the end of January, the market cap of the meme coin dropped all the way to \)0. ?Trumpers practically advertise themselves as targets for scam artists, inasmuch as they”ve been scammed by Trump, Fox, and the Republican Party for years.

Now, all this doesn’t mean that I wouldn’t want to see Madison prosecuted for this little bit of insider trading. Now, he might try a they deserved to get conned defense, which has some emotional if not legal merit, and it just might work if he got a jury full of people sick to death of Trump and his antics, but I wouldn’t count on that. Any such jury would also be more than happy to see Madison wheeled off to jail.

Yet another modest proposal

We read in this morning’s New York Times that the state of Texas has (and other states with fascist legislatures soon will) made it illegal for a corporation to decline to do business with gun makers and other merchants of death. In another era, this blatantly unconstitutional interference in interstate commerce would be considered…umm…I know!: Blatantly unconstitutional! In this era it should also be considered unconstitutional if one applies the unconstitutional ruling in Citizens United, since if a) corporations are entitled to all the rights of actual human beings (and then some, actually), and b) investing money in politicians is a form of speech with which the government is barred from interfering by the First Amendment, then it only makes sense that the Texas statute is unconstitutional since a) corporations are entitled to all the rights of human beings, and 2) investing money is a form of speech with which the government is barred from interfering by the First Amendment.

However, we can probably count on the present Supreme Court telling us that Texas is not at all interfering with interstate commerce, and as to Free Speech, well, spending money is only speech when it’s spent to buy politicians, particularly Republican, politicians.

So, I’ve no doubt that Gavin Newsom will (and I hope Ned Lamont will follow his lead) anticipate my modest proposal by proposing legislation in California that duplicates the Texas law, except that it would penalize corporations for doing precisely what Texas requires of them.

Alas, I am confident Brett and his pals can find a way to let Texas have its way while deploring the blatant unconstitutionality of California’s law. Still, it’s worth the effort if only to further undermine the public’s faith in an institution that has now abandoned all pretense of impartiality or actual belief in the rule of law.

More Republican Election fraud—What a Surprise!

This is truly unbelievable. Well, in this day and age not unbelievable, but it should be, being yet another example of Republicans committing the crimes that they accuse Democrats of committing:

Five candidates vying for the right to challenge Michigan Gov. Gretchen Whitmer (D) are facing the possibility of being eliminated even before the primary election after a state board found their campaigns filed thousands of fraudulent signatures.

Michigan’s Bureau of Elections issued a formal recommendation late Monday that the five candidates — including two leading contenders — be removed from the August primary ballot. The recommendation will go before the four-member Board of State Canvassers, a bipartisan panel made up of two Democrats and two Republicans, who meet on Thursday.

It goes without saying that all five are Republicans. The candidates are trying to blame the folks who uncovered the fraud and the people they paid to gather the signatures. Funny how whenever you read about actual voter fraud, there’s a Republican involved.

George pleads guilty

It seems W has unwittingly pled guilty to being a war criminal:

Former President George W. Bush on Wednesday inadvertently condemned “the decision of one man to launch a wholly unjustified and brutal invasion of Iraq” as he delivered remarks criticizing Russia’s assault on Ukraine.

This got me thinking about a post I wrote at the end of February, in which I observed that there was no meaningful distinction between what Bush did and what Putin did. In looking through my archives, I realized that for reasons I can’t reconstruct, I never posted it. So here it is. I wrote it on the 28th of February, when it would have been more timely, but what the heck, now that George has acknowledged its truth, I might as well put it up:

The international criminal court is considering charges against Putin for war crimes and crimes against humanity. He is no doubt guilty of those things, but let us pause.

Back in law school some of the professors would note that some legal arguments, made by judges or by lawyers, amounted to distinctions without a difference. That is, they attempted to amplify an irrelevant fact into a sufficient reason to decide that controlling precedent or clear statutory language did not apply to the case at issue.

I would submit that anyone who would argue that there is any meaningful distinction between what Putin is doing in Ukraine, and what Bush did in Iraq, would need to rely on this type of argument. Both invaded countries that posed no threat to them based on rationales that were based on lies, which even, had they been true, would not have justified the actions they took. It really is as simple as that. Perhaps the only distinction, which I would argue is not a legitimate difference, is that Bush managed to get a majority of the United States Congress to pretend to believe his lies and endorse his misadventure. So far as I know, Putin felt no need to get his rubber stamp legislature to do as our Congress did.

Neither one will ever actually face a trial before the International Court, but it’s impossible to argue that only one deserves to be indicted. America is lucky that few countries have raised this issue in response to our push for sanctions.

After I wrote the above, I stumbled across this in which we learn that our actions in Iraq were different in some way:

Some of the things that we did in the nineteenth century or in the 1970s or out of our anger and grief after 9/11 were bad, okay, but they aren’t the same. They were another era with different rules, different motivations, different moralities and different levels of social and political maturity.

The fact is that, confining ourselves just to the Iraq situation, the situations are pretty much the same. We attacked a sovereign nation without any actual provocation. That shouldn’t stop us from doing what we can to stop Putin, but as is the case with our other crimes against humanity, (e.g., slavery and genocide of Native Americans) it’s important that we acknowledge our history and learn from it.

One must conclude from Bush’s inadvertent admission, that somewhere in the depths of his disordered brain, he realizes the extent of his guilt. Perhaps he’ll consider turning himself in to the International Criminal Court and invite Vlad to join him.

The rule of law continues to crumble

The courts, well stocked with right wing nutjobs, particularly in the Confederacy, seem to be competing with each other to see who can make the most outlandish decisions, discarding not only years of precedence, but basic legal principles that even a child could understand.

The latest example (See also) is a decision from the 5th Circuit upholding a Texas law that:

 makes it illegal for any social media platform with 50 million or more US monthly users to “block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against expression.

Of course the law provides the now commonplace ability for those offended by being “blocked, banned”, etc., to bring lawsuits seeking to enforce their right to be provided a platform from which to spew their vitriol, with the statute framed in such a way as to make it impossible for the social media platform to prevail.

I used to think that I could perform an occasional service on this blog by explaining some of the finer points of the law, but this one is too obvious. The First Amendment forbids the government from interfering in speech. It does not give each person the right to demand a platform from private parties. This law is so blatantly unconstitutional it’s hard to count all the ways in which it transgresses. There’s the fact that a state is impermissibly interfering with interstate commerce. There’s the fact that the state is requiring a publisher to publish things it prefers not to publish, which turns free speech on its head.

The 5th Circuit, taking a lesson from the Supremes, took this action without issuing a decision. Maybe the challenge of overturning mountains of precedent seemed like too much, so why bother. Far easier to issue a 15 word ruling simply setting the lower court’s legally correct ruling aside.

One irony of all this is that even rightwing judges don’t appear smart enough to see that a ruling such as this could come back to haunt them. From what I’ve seen, it’s far easier to get banned from Twitter if you’re on the left than on the right, and, consistent with the rule that if they accuse the left of something, they are in fact doing it themselves, it’s folks on the right who get all outraged by being dissed by folks on the left, who, assuming the law is fairly applied will be able to turn the law against the right. Oh, wait, I forgot that the courts will surely find a way to construe it so it only protects right wing speech.

Just a few years ago I would have written that “even this Supreme Court would never uphold this decision”, but now I’m stuck with saying that there’s a better than even chance they’ll find a way to do so. It won’t make any sense, but Alito’s recently leaked opinion proves beyond doubt that making sense is no longer a priority among the extremists on the court.

Chapter Infinity in IOKYAR

You really truly couldn’t make this stuff up, this being just a quick update of it’s okay if you’re a Republican.

It’s okay to commit voter fraud if you’re a Republican. Seems like one Billy Lanzilottie, a “23-year-old GOP operative, South Philadelphia ward leader, and chairman of the Republican Registration Coalition” arranged to have more than three dozen mail ballot applications sent to a PO Box he controlled. Of course, it was all on the up and up because:

…Aiming “to help pump out the Republican voter turnout,” he said, he began going door-to-door earlier this month and signing up residents of the 26th to vote by mail.

He’d hand them a form on which he or people he works with had already filled out the voter’s name and his P.O. Box as the destination, he said. Having the ballots sent there was a “convenience to the voter,” he said, so it could be hand-delivered to them later by someone they trusted.

“There’s been a number of problems with the post office lately,” he said. ”Checks are being stolen out of the mail. They like it this way because I’m someone they trust.”

Except:

But many of the voters said they don’t know who Lanzilotti is and had no idea he was submitting mail ballot applications in their names.

Sure sounds a lot like what they accuse Democrats of doing, doesn’t it?

Also, Republicans also appear to feel that it’s okay to hold an elected position even if you just murdered your wife:

A Lebanon [Indiana] man accused of killing his wife in March and dumping her body in a creek is among the candidates to advance in a local election after Indiana’s primaries Tuesday. …

The 40-year-old has been incarcerated in the Boone County Jail since March after police said he told investigators he threw a concrete flower pot at his wife, Nikki Wilhoite, the night before and dropped her body over the side of a bridge.

Well, I suppose at least he’s honest, given the fact that he confessed.

More on the post Roe world

Since my post of a few days ago I’ve read a lot of speculation about which precedents the court will destroy next. Most of the speculation is sound, but some should give one pause, if one believed that the right wing members of the court have even a shred of intellectual honesty. For instance, a blogger at Above the Law speculates that New York Times v. Sullivan may be overruled:

As for remaking First Amendment jurisprudence, well, the notoriously thin-skinned Donald Trump campaigned on the idea he would “open up” libel laws. And he isn’t a one off — no, both Justices Thomas and Gorsuch have invited the Court to revisit Sullivan. Do we really think Alito, Kavanaugh, and Barrett will hold the line here? Sure, some academics still have faith that the core of the actual malice standard will remain intact, but I’m not so certain.

The Sullivan case required that a plaintiff prove actual malice when asserting a libel case against the press.

It strikes me that if the “justices” decide to do this, they will have some heavy lifting to do when they have to explain why the new rule applies to the New York Times and MSNBC, but not to Fox, which by any reasonable measure would suffer the most from such a ruling. I suppose they could always go with the rationale of the lower court judge who ruled that Tucker Carlson could not be sued for libel because no reasonable person would ever believe anything he said, that rationale of course ignoring the fact that it’s the unreasonable people that we have to worry about. The whole thing might pain Roberts a bit, as he has this thing about the court’s reputation, but he’s not even the swing vote anymore, so he’ll have no choice but to go along.

The article at Above the Law is well worth reading. It also argues that Brown v. Board of Education may be on the chopping block. I wonder what Ginni will say to Clarence to get him to stay in step with the movement and vote to overturn Brown.