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Nothing wrong with a “politically motivated” prosecution if the defendant is guilty

One of the Republican talking points about the indictment of a certain very stable genius is that the prosecution is “politically motivated”. I won’t belabor the obvious point that this is rich coming from a party that has called for the prosecution of its political opponents (“lock her up”, “Hunter’s laptop”, etc.) on a routine basis. One obvious difference between the Republicans and the current situation is that the targets of the Republicans did nothing wrong, while Trump is obviously guilty.

But there’s a kernel of truth in the claim that this prosecution is “politically motivated”.

Let’s start with stipulating that it’s pretty obvious that Trump has been committing crimes throughout his lifetime, and he came to what he thought was the justifiable conclusion that he was exempt from criminal prosecution. In fact, the kind of crime in which he engaged during his business career is routinely ignored by the authorities, who much prefer to go after the little guy.

A criminal of Trump’s sort who had a tad more prudence in his or her intellectual arsenal would avoid running for political office. Buying politicians is one thing, but actually being one puts you in a spotlight that you’d rather avoid and might just attract too much attention to stuff you’d just as soon keep under wraps.

Had Trump merely remained the comic self promoter that he was before running for office he would not be subject to criminal charges today, no matter the extent of his crimes. It was his entry into politics, the spotlight that entry cast on his criminal nature, and the obvious fact that he committed crimes while in office (he did attempt to overthrow the government, after all) that “motivated” prosecutors to go after him.

So, there’s a bit of truth to the charge that Trump’s prosecution is politically motivated. The thing is, there’s nothing wrong with that, particularly because that motivation is impelled by the imperative need to save the country from fascism. What we should really be worried about is the fact that there may be more Trumps out there, routinely breaking the law without consequence, awaiting their turn to destroy our democracy.

Time to check out the diners

There’s been a lot of breathless bloviating by our media about how unprecedented and foreboding it is to have an ex-president indicated indicted, though I don’t recall such bloviation when an obvious career criminal was elected in the first place. We have been and will be treated to a lot of reaction from the genius’s deluded followers. The diners in the Midwest are no doubt filling up with Trumpers waiting to be interviewed by the New York Times.

I’m not really sure why it is that only Trumpers go to diners in the heartland. There’s a diner in Chester Vermont that my wife and I visit regularly when we’re staying at our second home up there, and I’d be willing to bet that many of the diners are Democrats, but possibly I’m deluding myself. In any event, the Times wouldn’t send its reporters to Vermont to find out what real Americans think, since you can only find real Americans in Trump country.

I wonder if the Times has given any thought to going to other venues to interview people who think that Trump’s indication indictment is a good thing. There do seem to be such people, like the people who cheered like crazy when Stephen Colbert mentioned it in his opening monologue the night of the indication indictment (sorry, it’s such an easy mistake to make!).

Anyway, I’ve given it some thought, and it seems to me that even in the Midwest one might find such people if you looked in the right places. A few venues pop to mind: bookstores and museums for example. Universities and colleges not of the Hillsdale variety. I’m sure there are others. I don’t expect the Times to seek these people. The diner stories, after all, have an underlying subtext. These people, the Times wants us to know, exist, and isn’t it odd that they are out there in such numbers? Whatever could explain it? Surely our readers are more interested in these oddities than they would be in hearing from people who are rational and have not had their brains neutralized by Fox.

I look forward, by the way, to the media amplifying the argument that surely the jury should be well stocked with Fox addicts, because, after all, he deserves a jury of his peers.

Happy Holiday!

Happy Indictment Day to all! May you celebrate this day at least twice more this year!

Leave TikTok Alone!

I’m not a TikTok user or fan, but I agree with a common take on the current attack on TikTok by Washington politicians of both political parties. TikTok may in fact be spying on Americans, but as the other social media giants might say: “Who among us isn’t?”. TikTok is being attacked because it has succeeded where Mark Zuckerberg has failed, and Mark wants it out of the way and is lobbying heavily. Washington politicians of both parties are so out of touch they have no idea how unpopular banning TikTok would be, and that goes double for Democratic politicians.

Particularly for the Democrats, this brouhaha shows how the Washington bubble keeps our “representatives” ignorant of both our wants and our needs. The Democrats have the most to lose by backing this movement, but it appears that most of them are blissfully unaware of the political downside to this self destructive move. It reminds me of something that happened years ago, when Democrats lined up to condemn Moveon (I think it was Moveon) for running an ad that criticized David Patreus (remember him?) by, among other things, using the term Betrayus (it rhymes, don’t you see). It was, a no lose proposition for the Republicans, but it was a lose-lose proposition for the Democrats, as it turned off some of the folks who they should consider their base. Banning TikTok is likely to have a similar effect, except it will likely cause more harm to the Democrats than the Patreus situation.

Is the earth round? Opinions differ!

When I was in college it was a given that the function of a teacher, particularly a science teacher, was to teach the facts. For instance, the earth is an orb, flattened at the poles a bit, but basically round. It was pretty much understood that if a student insisted on maintaining that the earth was flat, or that the sun orbited the earth despite what Galileo may have said or Copernicus may have proven, he or she would get a failing grade. But, at least in Ohio, that is no longer the case. Apparently a student may reach whatever conclusion he or she might like, without fear that that conclusion may be judged to be contrary to established science.

Ohio college and university instructors could be barred from teaching climate science without also including false or misleading counterpoints under a sprawling higher education bill that received its first hearing Wednesday.

Senate Bill 83, or the Higher Education Enhancement Act, seeks to police classroom speech on a wide range of topics, including climate change, abortion, immigration, and diversity, equity and inclusion — all of which would be labeled “controversial.”

On these and other subjects, public colleges and universities would need to guarantee that faculty and staff will “encourage and allow students to reach their own conclusions” and “not seek to inculcate any social, political, or religious point of view.” 

Full story here.

Now, you can almost see the argument on some of those subjects, but at this point there is no scientific basis for denying the reality of climate change. Why would you encourage a student to feel free to draw a conclusion that flies in the face of established science? Isn’t the point of science education to teach people about objective reality?

This, by the way, is coming to us from the same people who are mandating that we not consider points of view that may “hurt the feelings” of a single student, like, for instance, exposing them to the possible conclusion that this country is infected with systemic racism.

End of rant.

Fox argues again: we can’t commit libel because no sane person believes us

Fox is once again defending a libel suit by claiming that no reasonable person could believe what they were hearing on its programs.

Erin Murphy, the lawyer, was defending Fox against a defamation lawsuit brought by Dominion Voting Systems in response to the network’s post-2020 election coverage. Dominion alleges that Fox knowingly and deliberately aired false information about the company’s voting machines and software, in a bid to win back viewers who were fleeing to right-wing competitor Newsmax.

Dominion claims that Fox attempted to draw those viewers in by indulging their incorrect belief that the 2020 election was rigged, a position held by former President Donald Trump and his lawyers. Private communications at Fox News revealed through the lawsuit show that on-air talent and top executives – including Fox Corp. chairman Rupert Murdoch and his son and Fox Corp. CEO Lachlan Murdoch– knew that Trump’s conspiracy theories about the hacked election were false, but aired them anyway.

Much of Murphy’s defense of Fox rested on her argument that a “reasonable viewer” could discern that Maria Bartiromo, Lou Dobbs, and others at the network who provided a platform for Trump’s lawyers were merely covering newsworthy allegations, rather than presenting the false claims as statements of fact.

But Murphy’s defense of an interview that top star Tucker Carlson conducted with Lindell took a different tack. Lindell’s appearance on Carlson’s January 26, 2021, program, she argued, was so incoherent that Fox News’ audience would be confused enough to find him inherently unreliable.

A “reasonable viewer would be puzzled on anything he is talking about,” Murphy told Judge Eric Davis, who is presiding over the case.

Fox actually got a cases involving Tucker Carlson thrown out by arguing that no reasonable person would believe that when Tucker Carlson states something as fact that it is fact, fact.

While I don’t pretend to know or remember all of the elements of a libel claim, I can see how the “reasonable person” (usually phased as “reasonable man”, of which there are fewer and fewer nowadays) standard made sense in the long gone days when those elements were first developed.

While I don’t hold out any hope it will happen, it would appear the time is ripe for revisiting those standards, because it is the unreasonable person from whom the libeled person has the most to fear. For while the reasonable person may think twice about what Tucker, Maria or the rest of them may say or implicitly endorse, the unreasonable person eats it up, and is quite likely to direct his or her ire against the person libeled. The unreasonable person is, after all, Fox’s target audience, especially after Fox had the temerity to tell the truth (for once) about the Arizona election results.

How many of the individuals exposed to baseless attacks, such as the poll workers in Georgia or the Newtown parents here in Connecticut, have been subjected to death threats and other forms of harassment committed for the most part by what we must conclude are unreasonable people?

Fox made an intentional decision to stoke the baseless rage of unreasonable people by amplifying and implicitly endorsing the views of people Fox knew were lying. There should be a remedy for that. There would be, if the “liberal media” were doing it, but don’t hold your breath waiting for the Supreme Court to hold Fox and other lying right wing media accountable.

Two can play the censorship game

When I read recently that Florida was considering a law that would allow any single parent to require that a book be removed from a school library, it occurred to me that it hadn’t occurred to the Florida Fascists that both sides could play that game.

Turns out there’s a similar law in Utah, requiring the removal of any book that has “pornographic” content, the definition of “pornographic” in the bill being quite broad, and in fact, as one in a Blue State where we don’t do these types of things would hope would happen:

A parent is arguing that if banned books like ‘Gender Queer’ are pulled from shelves, the Bible—with its sex scenes, incest, and murder—should be banned, too.

A Utah parent has filed a request to ban God’s most popular blog, the Bible, from schools, citing and ridiculing a law passed last year that removed dozens of books from schools and libraries last year. “Get this PORN out of our schools!” they wrote in their request for the removal of the book.

In 2022, Utah passed a law banning books with “pornographic or indecent” content. The initial list of banned books included many titles that feature coming-of-age stories that also deal with themes of sexuality and gender, including Judy Blume’s Forever…, Gender Queer by Maia Kobabe, and Nineteen Minutes by Jodi Picoult.

“Incest, onanism, bestiality, prostitution, genital mutilation, fellatio, dildos, rape, and even infanticide,” the parent wrote in their request, according to the Salt Lake Tribune, which obtained a copy of the request. “You’ll no doubt find that the Bible, under Utah Code Ann. § 76-10-1227, has ‘no serious values for minors’ because it’s pornographic by our new definition.”

I once decided I would read the entire Bible, but I gave up after concluding it had no redeeming social or literary value. In particular, the Old Testament God is a very nasty fellow. It does, in fact, have quite a few nasty bits, as the linked article notes. Of course, the folks reviewing this request will likely find a reason why the Bible gets a pass, leaving it to some judge down the line to figure out a way to distinguish between “woke” porn and “asleep?” porn.

Oh wait, before putting this post to bed I did a bit more research and it turns out that the Bible is on the hot seat in Florida too.

A low level rant

I get most of my news from various blogs. While they tend to be left of center sort of places, I think I’m fairly good at separating the wheat from the chaff, that is, fact from opinion.

It occurred to me a few days ago that one must wonder why certain bloggers have not been elevated to positions in the mainstream. After all, people like Bret Stephens and David Brooks, who were elevated to the New York Times from conservative publications such as the National Review, are pretty much a fixture on the op-ed pages of the nation. It doesn’t matter that they are almost always wrong about everything they dribble out. See the various posts at Driftglass re Mr. Brooks to see his sins well documented.

One of the most impressive bloggers, if you can even call her that rather than an investigative reporter, is Marcy Wheeler at Emptywheel. She has done an unbelievable job covering the various legal proceedings that have arisen as a result of the criminality of the four years of the Trump administration, along with other significant legal proceedings that have occurred. If I were a lawyer involved in any of those cases I would have read her faithfully because the chances are she would have caught things that I didn’t. Unlike folks like Brooks, she is usually, in fact almost always, right. I recall, for instance, that from the start she accurately predicted John Durham’s repeated failures while taking apart the flimsy cases on which he embarked.

I confess that there are times when she goes so deep into the weeds that I merely scan some of her posts, but that only proves how meticulous she is in documenting everything she says, and, in the process, emphasizing the important aspects of a case.

At the very least, you would think that a publication like the New York Times would get her to do a guest op-ed about the ongoing cases against Trump, but the likelihood of that is zero. On the other hand, if she started bloviating about Hunter Biden, with zero evidence to back her up, she might get such a spot.

Looking on the bright side-a bit

Regular readers know that I always look on the bright side, or at least I do every Good Friday when I post a certain clip from Monty Python’s Life of Brian. But I’m about to look on the bright side again, or at least speculate that there may be a bright side.

Nowadays, so far as Republicans are concerned, every bad thing that happens, happens due to people being woke. For instance, Ron DeSantis would like us to believe that the pigs at Silicon Valley Bank failed because they were woke, and not because they lobbied for a change in the law that allowed the corporate officers to stuff their own pockets while sending the bank into bankruptcy. They’ve been pounding away at it for more than a year now, so there’s every reason to believe that they’ve at least succeeded in getting people to believe that woke is bad.

Let me step back a bit, for after all, we need to define our terms. Well, here’s a fairly concise and accurate definition:

In November, when asked under oath what “woke” meant during a court case, Ryan Newman, DeSantis’ general counsel said, “Generally, the belief there are systemic injustices in American society and the need to address them.”

Yet somehow, we are supposed to shudder at anything woke. Of course we all know that the sub-text of that definition is that we shouldn’t address injustice, we should perpetuate it.

Well, the bright side, if we can believe the USA Today pollsters, is that 56% of Americans consider woke a positive term, with 39% (Fox viewers all, presumably) consider it a negative. I take this sort of poll with a cube of salt, but still, it indicates that a substantial portion of Americans are capable of seeing through the bullshit. In fact, making the side even brighter, I think it means that for a substantial number of people, if something’s being pushed by Republicans, it is presumed to be bullshit. The fact that they are congenital liars is becoming clear to the American people, at least, looking on the bright side, we can hope that such is the case. However, we must never forget how P.T. Barnum noted that you can never go broke.

This makes too much sense to ever happen

I’m a big fan of economist Dean Baker, who used to have a blog called Beat the Press, but is now behind a Patreon paywall. I’m a subscriber, and I thought I’d pass along the gist of his latest, as I think it makes a whole lot of sense, which is precisely why what he proposes will never happen. The post is his take on the failure of Silicon Valley Bank, and he proposes an obviously good way to make sure such bank failures don’t affect the larger financial system:

We know that the view of most of our policy elites (the politicians who make policy, their staff, and the people who write about it in major news outlets) is that the purpose of government is to make the rich richer. But, there are alternative ways to structure the financial system for people who care about fairness and efficiency.

The most obvious solution would be to have the Federal Reserve Board give every person and corporation in the country a digital bank account. The idea is that this would be a largely costless way for people to carry on their normal transactions. They could have their paychecks deposited there every two weeks or month.

They could have their mortgage or rent, electric bill, credit card bill, and other bills paid directly from their accounts.

This sort of system could be operated at minimal cost, with the overwhelming majority of transactions handled electronically, requiring no human intervention. There could be modest charge for overdrafts, that would be structured to cover the cost of actually dealing with the problem, not gouging people to make big profits.

Former Fed economist (now at Dartmouth), Andy Levin, has been etching the outlines of this sort of system for a number of years. The idea would be to effectively separate out the banking system we use for carrying on transactions from the system we use for saving and financing investment.

We would have the Fed run system to carry out the vast majority of normal financial transactions, replacing the banks that we use now. However, we would continue to have investment banks, like Goldman Sachs and Morgan Stanley, that would borrow on financial markets and lend money to businesses, as well as underwriting stock and bond issues. While investment banks still require regulation to prevent abuses, we don’t have to worry about their failure shutting down the financial system.

Let’s face it. For most of us, our bank accounts are not about saving money. They are about having a place to stash the money that is used to cover our mostly electronic payments. In fact, these days, most money never has a physical existence. It consists of an entry on a computer. There’s no reason why those computers can’t be maintained by the government. In fact, it would likely be a boon for the economy because at the present time the banking system extracts a cut from the seller every time someone uses a debit or credit card to make a purchase. Since almost all transactions are electronic, this has to force prices upward from where they otherwise might be. For that matter, it might bring us back to the days when banks were getting us used to ATMs, and didn’t charge us to withdraw our money from a competitor’s ATM. (Remember Yankee 24?)

If our money were separated from the risky stuff that brings down banks like Silicon Valley, we wouldn’t need to worry about banks collapsing, or about paying for their inevitable rescues.

Of course this will never happen, even if the Democrats get firm control of both houses of Congress. They’re better than the Republicans, but they still tend to see things from the perspective of the folks who line their pockets. Consider Democratic Senator Mark Warner’s statement today that he doesn’t at all regret making it easier for banks such as Silicon Valley to escape effective regulation. Elizabeth and Bernie would probably go for it, but not the “moderates”.

The probable end result of the Silicon Valley debacle is that the Fed will take some action that will put more money into the pockets of the already rich, while jacking up interest rates and throwing people out of work.

A bit off the main subject, but if you breach Baker’s paywall and read the full article, he has some interesting information about the amount of money the executives at Silicon Valley (according to Warner, a “mid-size bank”) were making. He points out that the CEO was making yearly what a minimum wage worker would make in approximately 15 lifetimes. They also handed out bonuses just before the bank collapsed.