Etiquette



DP Etiquette

First rule: Don't be a jackass. Most people are good.

Other rules: Do not attack or insult people you disagree with. Engage with facts, logic and beliefs. Out of respect for others, please provide some sources for the facts and truths you rely on if you are asked for that. If emotion is getting out of hand, get it back in hand. To limit dehumanizing people, don't call people or whole groups of people disrespectful names, e.g., stupid, dumb or liar. Insulting people is counterproductive to rational discussion. Insult makes people angry and defensive. All points of view are welcome, right, center, left and elsewhere. Just disagree, but don't be belligerent or reject inconvenient facts, truths or defensible reasoning.

Sunday, March 9, 2025

djt attacks lawyers and the legal system

Canadian Lawyer Magazine reports about how djt is going to deal with lawyers and the legal system whenever they get in the way:

Trump issues sweeping order against global law firm that represented enemies
President Donald Trump has escalated his campaign against legal firms associated with his political rivals, signing an executive order that severely restricts the operations of Perkins Coie. The order, signed on March 6, revokes security clearances for its employees, cancels government contracts with the firm, and limits its lawyers' access to federal buildings and officials. The move follows a similar order targeting Covington & Burling, which had provided legal services for Special Counsel Jack Smith.

While the previous action against Covington & Burling sought to strip security clearances and contracts, the Perkins Coie order extends beyond that, preventing its lawyers from accessing federal agencies and limiting their ability to work in government roles. Legal experts warn that this could set a precedent discouraging law firms from representing political adversaries, raising concerns over fairness in the legal profession.

Trump’s animosity toward Perkins Coie dates back to 2016 when two of its former attorneys, Marc Elias and Michael Sussmann, were linked to the FBI investigation into potential connections between Trump’s campaign and Russia. Although both attorneys have long since departed from the firm, the executive order denounces Perkins Coie’s role in the compilation of a dossier containing unverified allegations against Trump. The order accuses the firm of “undermining democratic elections, the integrity of our courts, and honest law enforcement.”
This is serious. Here, djt attacks lawyers and the legal system for doing what it is supposed to do. His accusations against the law firm are lies and defamation. What djt and MAGA elites clearly want to do is undermine democratic elections, the integrity of the courts, and honest law enforcement, precisely the things he falsely accuses the law firm of doing. The problem is, now as usual, djt cannot be prosecuted for any crimes or civil violations. He break laws, knowing that he will get away with it.

Sunday MAGA bits; Persistence of authoritarianism; MAGA's mental grip; MAGA corruption update

Thinking about authoritarianism
It looks like MAGA news is gonna be mostly bad to awful for as long as MAGA has significant power. Let’s just say that the MAGA mindset, like all forms of authoritarianism, kleptocracy and wealth and power lust are always present in society to some highly variable extent. MAGA and its equivalents will probably never be completely defeated. The war of mostly dishonest speech (polarizing demagoguery) harnessed to concentrate wealth and power among elites vs honest speech harnessed to somewhat spread wealth and power run throughout human history. 

Yeah, sometimes authoritarians in power are defeated in war, e.g., the German Nazis, Italian fascists and Japanese imperialists in WW2. Sometimes authoritarianism collapses under the weight of its incompetence, corruption, cruelty and arrogance, e.g., fall of the Berlin Wall in 1989 and the 1991 disintegration of the Soviet Union. But even those defeats and setbacks never completely eliminated authoritarianism from any society. Authoritarianism sometimes gets pushed to the fringes of society and has little or no political power, but it never completely goes away. 
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CNN reports that some people who voted for djt and then lost their job due to djt's wrecking ball, still support him and stand by their vote:

Michael Graugnard said he voted for President Donald Trump in the 2024 election because he felt Trump was the best candidate to improve the economy.

But three months into his new role as an attorney advisor for the US Department of Agriculture, Graugnard was laid off along with thousands of other federal employees. The termination, Graugnard said, came as a surprise given his managers had assured him his job was safe.

“I was devastated,” Graugnard told CNN, adding this was his dream job and he had just moved to Little Rock, Arkansas, with his pregnant wife and toddler for the position. “I was expecting to spend the rest of my life doing it.”
Graugnard said while he supports government efficiency, he “didn’t vote for it to be implemented the way it’s being implemented.”

“I voted confidently with the intent that it was going to be done in a way that was technocratic and efficient and a bit more rational, and that’s not what happened,” Graugnard said.

Still, Graugnard said he does not regret voting for Trump.

“I still support all of the goals of the administration, and I think that I can respectfully disagree with the way those things are carried out,” he said.
He was confident that djt would be technocratic and efficient and a bit more rational? One can only wonder what a “bit more rational” means in the face of djt’s irrationality and bad faith.

The important point here is that this is evidence of how much pain and disruption some djt voters are willing to accept. They need to rationalize what happened to them protect their self-esteem and identity. They have to either keep supporting djt and rationalize the irrational, or painfully come to see how deceived and wrong they were. That kind of evidence tells me that many or most djt voters are willing to take a lot of pain to mentally protect themselves. It is hard to envision much or any backlash from people with that kind of tribal (cult?) loyalty.
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U.S. Senator Chris Murphy (D-Conn.) on Thursday spoke on the U.S. Senate floor to expose the unprecedented corruption of the Trump administration’s first six weeks in office. Murphy condemned Trump’s normalization of pay-to-play politics, where billionaire donors dictate policy and taxpayer money is funneled into the pockets of the president, Elon Musk, and the corporate elite.

“In the first six weeks of the Trump presidency, Trump and Elon Musk and their billionaire friends have engaged in a stunning rampage of open public corruption,” Murphy said. “It’s not fundamentally different than what happened in Russia. These are efforts to steal from the American people to enrich themselves. And their strategy is to do it all out in the open, to do it at such a dizzying pace that the country just gets overwhelmed or anesthetized or dulled into a sense that we just all have to accept the corruption – or, maybe more charitably, that this is just how government works, that government is just corrupt, and so the fact that it’s happening out in the open instead of happening secretly, well, it’s really nothing new.”
“This is how democracies die,” Murphy continued. “Democracies die when the very powerful people steal from us so regularly, so openly, so unapologetically, that we come to believe that it’s normal. And listen, I understand that many Americans may think that all of this stuff just used to happen quietly, and the only difference is that Trump and Musk are just putting it all out in the open.
Murphy asserted some real good examples of blatant MAGA corruption and corruption enablement. One is the launch of Trump’s meme coin, enabling anyone seeking to influence the administration to privately funnel money directly to the president. So far djt has hauled in almost $100 million in "fees" for meme coin transactions. Also mentioned is the gutting and manipulation of corruption watchdog agencies like the NLRB, CFPB, EPA and OSHA to benefit Elon Musk, the billionaires in Trump’s cabinet, and other MAGA elites at the expense of consumers, workers and the environment. 

Hm, is it just me, or is Murphy’s argument not very compelling? He claims the scale of corruption under MAGA is larger than thus unacceptable. A year or so ago, this would probably have struck me as something fairly important. But now, meh. Murphy is right that corruption used to happen secretly. But how much worse is it now? Now it’s normalized and in the open. Is open corruption better than secret? I don’t know. I’ll ask.
Q (Pro-search mode): In a democracy, is it better for democracy and the public interest for corruption to be done in secret or better done in the open?[1]

A: .... short analysis .... 

Conclusion
While some argue that transparency can sometimes facilitate corrupt transactions by lowering transaction costs, the overall benefit of open corruption is that it allows for public scrutiny and potential legal action. In contrast, secret corruption undermines democracy by creating a culture of impunity and eroding public trust. Therefore, it is better for democracy and the public interest if corruption is done in the open, as this increases the chances of detection and accountability.
There you have it. Maybe corruption MAGA style is better for democracy and the public interest than old fashioned, bipartisan pay-to-play corruption. What a fracking mess.


Q: How compelling is Murphy’s evidence-based and apparently correct analysis about the overall level and impact of MAGA corruption?

Murphys corruption chart

Footnote:
1. 
Q (Deep research mode -- same Q): In a democracy, is it better for democracy and the public interest for corruption to be done in secret or better done in the open?

A: .... Open governance frameworks like those advocated by the Open Government Partnership enable real-time public scrutiny of procurement processes, with evidence showing that nations implementing open contracting systems reduce procurement costs by 11-17% while increasing competition among vendors 1 6. The publication of lobbying registries and official meeting calendars in countries like Lithuania and Georgia has demonstrably reduced opportunities for undisclosed influence peddling, creating what political scientists term “accountability through visibility” 14

.... gigantic analysis ....

Conclusion: Toward Optimized Transparency Regimes
The evidence decisively favors transparent corruption over secret malfeasance, though with crucial caveats. While secrecy enables corruption's metastasization, poorly designed transparency measures risk normalizing unethical conduct. The solution lies in “smart transparency”—systems that expose corrupt networks while raising coordination costs through:

Dynamic Disclosure: Real-time rather than retrospective reporting

Contextual Anonymization: Protecting whistleblowers while exposing principals

Civic Empowerment: Training publics to effectively utilize open data

Democracies combining these elements see 54% faster corruption case resolutions and 38% higher public trust levels compared to partial reforms 3 7. As global corruption evolves, so must transparency frameworks—not as simple panaceas but as continually refined tools in democracy’s essential toolkit.


Saturday, March 8, 2025

Getting at the truth: Shifting the burden of proof from the accuser to the accused

A psychological barrier that some people face when hearing criticisms of djt and MAGA elites generally is that there is no direct evidence of illegality or malicious intent. Consonant with how courts are usually portrayed to work, the prosecutor or accuser has the burden of proof and to show the accused is liable or guilty of the accusations. But courts do not always work that way [1].

I suspect that understanding is a big part of why some or maybe many people simply refuse to believe that many or all of the accusations against djt and MAGA elites are real or at least worthy of serious consideration. I can see the appeal in holding that belief. It simplifies politics quite a lot. And, for people who are disposed to support what djt and MAGA elites say and do, it prevents a ton of cognitive dissonance or unpleasant feelings.

But is it really irrationally biased or unreasonably subjective for Americans to distrust the rhetoric, motives and actions of djt and MAGA elites? After all, they're innocent until proven liable or guilty, right? Well, no, not right. Here, we are talking about the court of public opinion, not a court of law. And, for US citizens, I believe the people have a right and moral imperative to know the truth. People have every right to distrust liars, dictators, plutocrats, theocrats, kleptocrats and other untrustworthy people and groups in power.

I demand clear & convincing evidence I'm wrong

In my firm opinion and based on all the evidence in the public record, shifting the burden of proof onto djt and MAGA elites is both objective and rational. As a reality check, I asked Perp to think about it:
Q: In view of all evidence in the public record, is it objective or not to distrust what Trump and most MAGA elites say and do, or is shifting the burden of proof onto Trump and most MAGA elites unreasonably biased or irrational?

A: Distrusting what Trump and most MAGA elites say and do can be seen as objective based on the evidence in the public record.
 
Objective Grounds for Distrust
Pattern of False or Misleading Statements:
Donald Trump has been documented making thousands of false or misleading claims during his presidency, averaging over 20 per day 2. This pattern of behavior erodes trust in his statements.

Legal Issues and Convictions: Trump has faced numerous legal challenges, including a conviction for falsifying business records, which involved hiding payments related to allegations of extramarital affairs 1 6. This conviction adds to concerns about his integrity.

Controversial Rhetoric and Policies: The MAGA movement is known for its divisive rhetoric and controversial policies, which have been criticized for promoting conspiracy theories and misinformation 4 8. This environment fosters skepticism about the truthfulness of their claims.

Immunity and Legal Maneuvers: Trump's efforts to invoke immunity and his legal team's maneuvers to dismiss cases have raised questions about accountability and the rule of law 1 3.

Shifting the Burden of Proof
Shifting the burden of proof onto Trump and MAGA elites is not inherently biased or irrational. In legal and public discourse, individuals or groups making claims are typically expected to provide evidence to support those claims. Given the historical context of misinformation and legal controversies surrounding Trump and the MAGA movement, it is reasonable to require them to demonstrate the truthfulness of their statements and actions.

However, it is crucial to maintain an open-minded approach and consider evidence objectively, rather than assuming guilt or falsehood without proof. This balance ensures that skepticism is based on evidence rather than prejudice.

In conclusion, while skepticism towards Trump and MAGA elites can be justified based on past behavior and public record, it is important to remain objective and consider new evidence as it arises.

Yes, it is important to remain objective and consider new evidence as it arises. What new evidence? The evidence that djt and MAGA elites could show to demonstrate their clean intentions and good will actions. djt and MAGA elites have a proven track record of chronic lies, outrageous slanders, crackpot conspiracy theories and irrational, unwarranted emotional manipulation. 

In my opinion, it is mostly biased and/or subjective to not shift the burden of proof onto djt and MAGA elites, who are known by lots of reliable evidence to be untrustworthy. They damned well owe us an explanation backed up by lots of solid evidence. 


Q: Are you a person who at least sometimes falls back on the innocent until proven guilty concept when members of the public make unproven allegations against politicians with a track record of untrustworthiness?


Footnote:
1.  Perp discusses burden shifting in courts:
Q: Under what circumstances and in what kind of lawsuits or prosecutions does the burden of proof shift from the accuser to the accused?

A: The burden of proof can shift from the accuser to the accused in various legal contexts, both in criminal and civil cases.

Criminal Cases
Affirmative Defenses:
In criminal cases, the burden of proof generally rests on the prosecution. However, if the defendant raises an affirmative defense, such as self-defense, insanity, or alibi, the burden shifts to the defendant to prove these defenses. The defendant does not need to prove their innocence beyond a reasonable doubt but must provide enough evidence to raise a reasonable doubt in the minds of the jury or judge 1 6.

Mistaken Identity: If the defendant claims mistaken identity, they may need to provide evidence supporting this claim, though the primary burden remains on the prosecution to prove guilt beyond a reasonable doubt 1.

Civil Cases
Affirmative Defenses:
In civil cases, if the defendant asserts an affirmative defense, such as assumption of risk or failure to mitigate damages, the burden shifts to the defendant to prove these defenses 2 7.

Negligence Per Se: If a plaintiff alleges negligence per se, the defendant may be considered guilty of committing a criminal act as part of the breach of duty. In such cases, the burden can shift to the defendant to prove they exercised reasonable care 2.

Employment Discrimination: Once a plaintiff establishes a prima facie case of discrimination, the burden shifts to the defendant to show a non-discriminatory reason for their actions. If the defendant provides such a reason, the burden shifts back to the plaintiff to prove that the reason is pretextual 3 7.

Contract Disputes: While the plaintiff typically bears the burden of proving the existence of a contract and its breach, the defendant may need to prove any affirmative defenses they raise, such as fraud in the inducement or duress 4.

Policy and Fairness: The allocation of the burden of proof is often a matter of policy and fairness, based on the specific circumstances of the case 5.

MAGA bits: MAGA ideologically cleanses AI; MAGA censors the whole internet; MAGA thought police

The AP reports that djt signed an EO that aims to whitewash AI (artificial intelligence) to make reality a better fit with MAGA's fake reality: 

Trump signs executive order on developing 
artificial intelligence ‘free from ideological bias’
djt signed an executive order on artificial intelligence Thursday that will revoke past government policies his order says “act as barriers to American AI innovation.”

To maintain global leadership in AI technology, “we must develop AI systems that are free from ideological bias or engineered social agendas,” the EO says.

The new order doesn’t name which existing policies are hindering AI development but sets out to track down and review “all policies, directives, regulations, orders, and other actions taken” as a result of former President Joe Biden’s sweeping AI executive order of 2023, which Trump rescinded Monday. Any of those Biden-era actions must be suspended if they don’t fit Trump’s new directive that AI should “promote human flourishing, economic competitiveness, and national security.”
Well, there we have it fact and history fans! djt and MAGA elites are gonna do their damnedest to whitewash all inconvenient human knowledge and thinking. 

Does anyone still reject the idea that djt and MAGA elites are trying to establish a corrupt as hell dictatorship built on bad things like demagoguery, lies, slanders, crackpottery and vicious bigotry? Yes, some still disbelieve? 

OK, fair enough. I'll keep positing the evidence as it gushes out, as long as it gushes out, so long as I can still comment thereon.
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Hey Germaine, you boob, why did you say so long as I can still comment thereon

Here's why (and I'm not a boob): Techdirt writes

Trump Promises To Abuse Take It Down Act For Censorship, 
Just As We Warned
During his address to Congress this week, Donald Trump endorsed the Take It Down Act while openly declaring his plans to abuse it: “And I’m going to use that bill for myself too, if you don’t mind, because nobody gets treated worse than I do online, nobody.”

(You might think a former president openly declaring his intent to abuse a content moderation law would be big news. The media, apparently swamped with other Trump outbursts, didn’t even seem to notice. [good point!])

This is, of course, exactly what we (and many others) warned about in December when discussing the Take It Down Act. The bill aims to address a legitimate problem — non-consensual intimate imagery (revenge porn) — but does so with a censorship mechanism so obviously prone to abuse that the president couldn’t even wait until it passed to announce his plans to misuse it.

And Congress laughed. Literally.

Congress (specifically Senators Ted Cruz and Amy Klobuchar) looked at all this work and said “nah, let’s just make websites legally liable if they don’t take down anything someone claims is NCII [Non-Consensual Intimate Image] within 48 hours.” It’s the “nerd harder or we fine you” approach to tech regulations.

You can’t just write a law that says “take down the bad stuff.” I mean, you can, but it will be a disaster. You have to think about how people might abuse it. The DMCA’s notice-and-takedown system for copyright at least tried to include some safeguards — there’s a counternotice process, there are (theoretical) penalties for false notices. But TAKE IT DOWN? Nothing. Zero. Nada.

We already see thousands of bogus DMCA notices attempting to remove content with no basis in the law, even with those safeguards in place. What do you think will happen with a law that has no safeguards at all? (Spoiler alert: The president just told us exactly what will happen.) 

Congress could have fixed those problems [abuse of the law]. But chose not to.
The Take It Down Act is an overbroad, poorly drafted bill that would create a powerful system to pressure removal of internet posts, with essentially no safeguards. While the bill is meant to address a serious problem—the distribution of non-consensual intimate imagery (NCII)—the notice-and-takedown system it creates is an open invitation for powerful people to pressure websites into removing content they dislike. There are no penalties for applying very broad, or even farcical definitions of what constitutes NCII, and then demanding that it be removed.

Does anyone still reject the idea that djt and MAGA elites are trying to establish a corrupt as hell dictatorship built on bad things like demagoguery, lies, slanders, crackpottery and vicious bigotry? Yes, some still disbelieve? OK, fair enough.
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Gizmodo reports about MAGA's latest attacks on free speech and freedom of holding inconvenient beliefs:

State Department Will Use AI to Search for ‘Pro-Hamas’ Students to Deport
The new move is part of a broader attack by the Trump administration on free speech and free expression

The U.S. State Department is set to launch a program called “Catch and Revoke” that will use AI systems to scan news reports and the social media accounts of students in America on a visa. The goal is to find people with pro-Palestenian and Hamas sympathies and kick them out of the country.

The unspecified AI will crawl through footage and news reports of protests as well as the social media accounts of 100,000 people who are in America’s Student Exchange Visitor System. It’ll start its crawl on October 7, 2023.

The goal is to find out if any of these student protestors or people with alleged Hamas leanings faced what the Trump administration feels is appropriate punishment.
Of course, us citizens are protected, right? We are free to criticize Israel and want the genocide of the Palestinian people to stop. Well, so far we're protected, but there's also this in the article:

Many of Trump’s executive orders and proposed actions on combating domestic terror threats and fighting antisemitism are overbroad. One of his early executive orders said it was the policy of the U.S. government to protect citizens from people who “espouse hateful ideology” without narrowly defining what that ideology is.


Q: Would MAGA say that criticism of Israel and/or any assertion of Palestinian genocide constitutes espousing hateful ideology, e.g., in the form of anti-Semitism?

(Hint: yes, of course!)