Thoughts about the intelligence of the public

This post, bee in the bonnet actually, was triggered by some comments milo made yesterday. 

milo

Ears of the other milo

 

No one ever went broke underestimating the intelligence of the public. -- attributed to American author and social critic H. L. Mencken (1880–1956) but not found exactly verbatim in his published works, so the source and original form of this expression are not known with absolute certainty

The most common of all follies is to believe passionately in the palpably untrue. It is the chief occupation of mankind. -- H.L. Mencken

Well, what about that? Right? Not right? Not sure? Don't understand the question?

Let's reframe the question, just for fun. The framing of the issue above is by people who think or do know they know how to fool lots of people. Yeah, Mencken thought he could see people. That was only partly true. There really are some people who make their living by deceiving and irrationally emotionally manipulating the public. That business sector that does that is called public relations. The biblical admonition thou shalt not lie is basically 100% irrelevant to those people and businesses. Their paychecks and return on investments depend on lying. If they are not good liars, they are out of jobs. But what if the Bible got it right about lying and it really is a deeply bad and immoral thing to do to people?

So, how about framing it like this: 

1. (social science:) “.... cherished ideas and judgments we bring to politics are stereotypes and simplifications with little room for adjustment as the facts change. .... the real environment is altogether too big, too complex, and too fleeting for direct acquaintance. We are not equipped to deal with so much subtlety, so much variety, so many permutations and combinations. Although we have to act in that environment, we have to reconstruct it on a simpler model before we can manage it.”

2. (reasoning:) By evolution of what it is to be human, we are susceptible to some variable degree to liars, deceivers, emotional manipulators and crackpots who apply flawed, usually self-serving reasoning, lies and slanders to political issues, business, and religion, the goal usually being accumulation of wealth and/or power, usually at other people's and interest's expense.

3. (therefore:) The elites and people who know better who lie, crackpot and emotionally manipulate are more culpable of bad or evil than the people they have deceived, manipulated and betrayed.

Over the years I've posted my opinion about who is more to blame for false and irrational beliefs in politics, the deceivers or the deceived. Most recently for America's radical right, roughly Trump supporters, this feels about right:

~55% elite propagandist deceivers & politicians

~45% rank and file deceived 

But now on rethinking this yet again, I reassess the culpability analysis for America's radical right:

~60-65% elite propagandist deceivers & politicians

~35% rank and file deceived, 40% when they have the information to know better 

Why give less culpability to regular people? A couple of reasons. First, when Reagan was shot, his shooter was accorded some leniency because he was considered to be mentally impaired. After that, the laws were changed to make a mental impairment defense essentially impossible. But the underlying fact of the human condition did not change. Only the politics changed. Humans are still just as fallible, flawed or sometimes mentally ill. But changes in the law like that reinforce the idea of the primacy of human intelligence and reason, despite little or nothing having changed about the human condition in millennia.

Second, look at how deceitful and crackpot modern radical right and other politics has become. Average people cannot know truth when it is being hidden. The burden should be on people who know truth to speak truth. Americans can't handle truth very well because they have been shielded from it by much of the political left, right, and the business and religious communities.

I do not myself believe that many people do things because they think they are the right thing to do . . . . I do not think that knowledge of what is morally right is motivational in any serious sense for anyone except a handful of saints. Federal judge Richard Posner, referring to the power of social situations to compel behavior

I find it difficult now to identify the motives for many things I have done . . . . I do not have a good answer to the question of my own behavior . . . . My memory has a strange way of selecting its contents. George Stigler, Nobel laureate, regulatory capture theorist, commenting on how the human mind deals with and distorts reality and logic

I am now impressed with the role of power in economic life - and with the great if largely innocent service of the conventional economic instruction in concealing it . . . . [The modern business firm's] influence and power extend to politicians, Presidents and the Pentagon. This power would be much more remarked and resisted were it not for the social conditioning of economics and its instruction. The latter contends that all producers-all business firms and corporations, from the smallest to the largest, from the corner drugstore to Exxon and General Motors - are substantially subordinate to the impersonal authority of the market. So matters are presented in all reputable economic discussion . . . . Power is much enjoyed, and its economic and political exercise can also be pleasingly remunerative. Nothing serves it better than a theology that disguises its exercise. -- John Kenneth Galbraith, commenting on the amazing difficulty people have when trying to see how power subtly works in politics

So, is the American public unreasonably dumb, deceived, too lazy to get the information that is being withheld from them, just being normal, and/or some other thing(s)?

For context, NPR aired a segment yesterday about CPCs (crisis pregnancy centers). Those are places in poor neighborhoods staffed by religious Christian fanatics. They claim to provide medical and pregnancy-related services, but that is a gigantic lie. The whole point of the existence of CPCs is to con, cajole, scare, shame, pressure and/or lie to stop frightened poor women from getting an abortion. The entire CPC industry is built on lies and deceit. Worse, some of the funding (maybe ~5-10%?) for CPCs is stolen by corrupt politicians in state governments.* Those corrupt politicians siphon some federal tax dollars to CPCs. So, you and I get to help fund an industry built entirely on Christian liars and their immoral or evil lies. The CPC industry is now a major focus of the post-Roe v. Wade Christian nationalist attack on civil liberties that God disapproves of.

 * The rest of the money comes from private donors, some of whom anonymously donate large amounts of cash to keep Christian liar business operations going.

News bits: Prosecutor asks for immediate whacking of DJT; 14th A, Sec. 3 is for real?; Car ride for a cow

Egads, there's a mountain of undisputed evidence in the case! This is from the prosecutor in DJT's New York business fraud case. I thought this was the weakest of the four indictments. Apparently the prosecutor believes the case is strong enough to move for summary judgment! PBS reports:

New York’s attorney general says a judge doesn’t need to wait until an October trial in her civil lawsuit against former President Donald Trump to rule that he committed fraud while building his real estate empire.

In court papers made public Wednesday, Attorney General Letitia James urged Judge Arthur Engoron to issue an immediate verdict endorsing her claim that Trump and his company defrauded banks and business associates by lying on financial statements about his wealth and the value of his assets.

Engoron has scheduled a Sept. 22 hearing on James’ request. Her lawsuit, which seeks $250 million in penalties and a ban on Trump doing business in New York, is scheduled to go to trial Oct. 2 in state court in Manhattan.

To rule, Engoron needs only to answer two questions, James’ office argued: whether Trump’s annual financial statements were false or misleading, and whether he and the Trump Organization used those statements while conducting business transactions.

“The answer to both questions is a resounding ‘yes’ based on the mountain of undisputed evidence” in the case, James’ special litigation counsel Andrew Amer said in a 100-page summary judgment motion.

Based on that, Amer argued, no trial is required to determine that Trump, the Trump Organization, and other defendants, “presented grossly and materially inflated asset values” in the financial statements and then used those statements “repeatedly in business transactions to defraud banks and insurers.”

“At the end of the day this is a documents case, and the documents leave no shred of doubt that Mr. Trump’s (statements of financial condition) do not even remotely reflect the ‘estimated current value’ of his assets as they would trade between well-informed market participants,” Amer wrote.  

In seeking summary judgment on the fraud claim, James’ office pointed to evidence that shows Trump inflated his net worth by up to 39%, or more than $2 billion, in some years. James’ office said Trump’s “blatant and obvious deceptive practices” included wildly overstating the size and value of his homes in Florida and New York, marking up the value of unsold condominiums and rental space, and claiming he could do more with certain land that allowed — like building more homes on his Scottish golf course that the local government had approved.

Well dang! Now we see why those businesses who committed sleaze DJT wanted the evidence sealed and kept from the public. DJT and everybody involved his was a big steaming pile of lying, rotted criminal guts.

Now I'm starting to think that maybe, maybe probably, DJT might really get his ass kicked in the courts. Nah, that's too good to be true.

Disgruntled citizen

And, he's not wrong

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A month or so ago, two lawyers associated with the powerful, anti-democratic radical right Federalist Society wrote a legal analysis of Section 3 of the 14th Amendment. They concluded that the constitution prohibits DJT from running for president again. 

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.  

Summary of relevant bits: No president (DJT) who previously took an oath to support the constitution of the United States (which DJT did), engaged in insurrection or rebellion against the constitution (which DJT also did), or gave aid or comfort to the enemies thereof (he did that too). 

Although the legal argument seemed sound, I immediately dismissed it. First, laws like this often aren't applied against rich or powerful people. Second, the analysis felt like a Federalist Society publicity stunt to make the organization look less authoritarian than it actually is. But in recent weeks, lawsuits have been threatened in several states to force DJT off the ballot. PBS repports:

Liberal groups seek to use the 14th Amendment to block Trump from 2024 ballots

  

The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.

Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.

The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials.

In 2021, the nonprofit Free Speech For People sent letters to the top election official in all 50 states requesting Trump’s removal if he were to run again for the presidency. The group’s legal director, Ron Fein, noted that after years of silence, officials are beginning to discuss the matter.

“The framers of the 14th Amendment learned the bloody lesson that, once an oath-breaking insurrectionist engages in insurrection, they can’t be trusted to return to power,” Fein said.

Ahead of the 2022 midterms, the group sued to remove U.S. Rep. Marjorie Taylor-Greene and then-Rep. Madison Cawthorn, both Republicans, from the ballot over their support for the Jan. 6 protest. The judge overseeing Greene’s case ruled in her favor, while Cawthorn’s case became moot after he was defeated in his primary.

That a judge ruled in favor of MTG exemplifies why some people (e.g., me) are skeptical about the rule of law applying to rich or powerful people. Maybe there more to this than I initially thought. Time will tell if this is just a mole hill or something a lot bigger. It still seems more like a mole hill than anything else.

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Everyone is reporting about Howdy Doody the cow that got a car ride. The cow is big.

In Norfolk Nebraska, pop. ~24,000, police stopped the driver of the car because they thought it was unsafe to be tootling abound town with a big cow in the car. Since the cow was too big to take to the dog pound, police asked the man to dive his cow home and put it away.

Howdy Doody examining the horns

mounted on the front of the car

Interesting observations between two brothers

 So, those who attend my forum, know that my brother came a-visiting this past week. We wanted to avoid talking politics but did get into a few political discussions.

Since leaving "home" last year to move to Canada, I find myself somewhat removed (though not totally removed) from American politics.

I mentioned this to my brother and he informed me that things have gone sour back "home" in Minny as well.

How so? I asked.

He told me that practically everyone he knows, from friends to neighbors, are SO FED UP with partisan politics that they have started to tune out.

I asked him, doesn't this create a danger for the 2024 elections?

He didn't know the answer to THAT question, but suspects a lot of people might just avoid voting in 2024.

With passion running rampant across the political spectrum, I have my doubts, I believe people WILL VOTE. BUT............ back to this concern that people are tuning out.

From YOUR observations, does my brother have a point? His argument was that people are really really tired of hearing about Trump, or what is wrong with Biden, and are really really fed up about NOT hearing enough about policy. It's all the Dems are the bad guys or the Repubs are the bad guys.

Everyone calling everyone on the other side names. He insists, that were I to return to our home town for a spell, I would notice the difference myself. People just don't want to talk politics. They are ANGRY at both sides AND at the media from both sides for doing nothing but riling people up.

I know I have become a bit removed from it all because of where I live now, BUT AGAIN, could my brother be right? FROM YOUR OBSERVATIONS - are Americans tuning out? 

Bits: Legal update; Crackpot watch update; Rudi gets wacked by judge

The Daily Beast reports about a rare bit of good news for us, bad news for DJT and the dirty businesses who enabled his sleaze:

Banks and insurance companies trying to keep the public in the dark about their business dealings with Donald Trump ran into a ray of legal sunshine on Tuesday, after a judge ruled that he wouldn’t seal records in the run-up to the New York Attorney General’s upcoming trial against the real estate mogul.

A handful of firms associated with Trump made a last-ditch effort to hide documents that detailed the way they unwittingly became part of the Trump Organization’s alleged scheme to inflate assets. But the judge, Arthur F. Engoron, ruled that—aside from information like the home addresses of certain employees and bank account numbers—the public has a right to see the documents and communications.

The former president is just 34 days away from heading to civil trial in New York City, where his personal finances will be put under a microscope while the state’s AG tries to bleed his corporation dry over the way it routinely overstated its holdings on official documents.  

But with that trial around the corner, the companies that kept lending him hundreds of millions of dollars for business deals are trying to quietly slink away into the shadows—and hide the paperwork that shows how they played along.

As usual, this evinces businesses operating in as much secrecy as possible. Why? Because most businesses have a hell of a lot of bad stuff to hide. One could even say there are buttloads of bad stuff to hide.

Aren't all businesses good and ethical? You decide. What bad stuff could there possibly be?  

Well, there's these items for example, price gouging, deceit and abuse of consumers, deceit of government, law breaking, shocking incompetence of arrogant nincompoop executives, more price gouging, toxic chemicals in food and other products, illegal labor use, vast pollution of the environment, legal and illegal child labor use, tax evasion, fraud, murder, lies, deceit, slanders, crackpot conspiracy theories, support of criminals like DJT, executives and employees fornicating, executives supporting authoritarian, theocratic, fascist, bigoted and/or racist groups and ideologies like the John Birch Society and Christian nationalism, more price gouging, intentional design of low quality products, intentional design of products that go obsolete, intentional design of products that when broken cannot be fixed, more price gouging, purchase of congress and state legislatures to (i) legalize corruption and create tax loopholes, and (ii) protect business from consumer lawsuits, etc. 

Stuff like that, you know? Hm. Ooh, there's some very nasty business in that list of business nastiness. Now I've scared myself. I think this issue is going to be appealed all the way to the USSC. Companies that did sleazy business with DJT have a hell of a lot to hide. They need to get the USSC to protect their sacred corporate privacy. After all, corporations are very powerful people, right? Right.  

Hm. Now I wonder why it is that power corporation people get their privacy respected, but powerless people people do not, e.g., forced birth laws. Could it be that government is corrupted and subverted by special interests a vehicle that services special interests before it services the public interest? . . . . . Hell yes.

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The Hill reports about the spread of fresh anti-vaxx crackpottery:

A new study found that dog owners in the U.S. are growing more skeptical of vaccinating their four-legged friends — including to help prevent rabies.

The study, published Saturday in the medical journal Vaccine, found that 53 percent of dog owners had some concern about the safety, efficacy or necessity of canine vaccines.

Additionally, 37 percent were concerned that vaccines could cause “cognitive issues” in dogs and may lead them to develop autism, a theory not backed up by scientific evidence.  

The study found that more owners are experiencing Canine Vaccine Hesitancy (CVH), defined in the journal as “dog owners’ skepticism about the safety and efficacy of administering routine vaccinations to their dogs.”

On the horizon, crackpots who believe that paying taxes is the work of Satan. Oh, those crackpots are already here. Never mind. 

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In another sign of how openly contemptuous that DJT and his thugs have for the rule of law, Rudi got wacked without even making it to a trial to determine his liability for defamation. The WaPo writes:

U.S. Judge Beryl A. Howell ruled that Giuliani was liable for defaming two Georgia election workers whom he falsely accused of tampering with votes.

Howell took the extraordinary step of ruling against Giuliani without a trial, while saying he had deliberately shirked his obligation to turn over crucial discovery materials in the case.

In the blistering 57-page opinion, she suggested Giuliani’s failure to turn over materials was aimed at avoiding liability not just in the defamation case but more broadly — including, apparently, in the Fulton County case. She said Giuliani’s conduct left her no choice because the election workers, Ruby Freeman and Wandrea ArShaye “Shaye” Moss, were deprived of materials they needed to argue their case.

At the core of Howell’s ruling is the idea that the prominent longtime lawyer and former swashbuckling federal prosecutor must have known better. She repeatedly cited Giuliani’s lengthy legal career to make the case that he had deliberately avoided his responsibility to preserve and turn over records.

“The fact that Giuliani is a sophisticated litigant with a self-professed 50 years of experience in litigation — including serving as the U.S. Attorney for the Southern District of New York — only underscores his lackluster preservation efforts,” she wrote.

So, Rudi gets nailed without even making it to trial on the merits of the lawsuit because he withheld evidence, maybe even destroyed it. In view of the fact that Rudi was a big mouthed federal prosecutor, hiding or destroying evidence is about as openly contemptuous of the law as it can get. Judge Howell has already ordered Rudi to pay $132,000 in sanctions for failing to comply with court orders. The rest of this trial will be to determine damages Rudy will have to pay to the two people he has now been held liable for defaming. This ought to bankrupt him. Good. It would be better if the thug got years of jail time, but that's for the other Georgia lawsuit, a criminal case with possible jail time.