Etiquette



DP Etiquette

First rule: Don't be a jackass.

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.

Friday, April 21, 2023

News bits: Judicial rot deepens; A pillow guy Snippet; Etc.

James Ho, former clerk for Clarence Thomas is now a radical right federal judge. He was nominated by the fascist Trump and approved by fascist Republican Senators. Ho defends Thomas' blatant corruption. Above the Law writes:
Judge Ho Blows Off Clarence Thomas Taking $500K In Vacations Because 
Some Other Judges Own Stocks So... You Know... Something Something.

There are bad arguments and then there's whatever Judge Ho was trying to do here

While many conservatives have kept their heads down while Justice Thomas suffers the slings and arrows of the outrageous consequences of his own ethical lapses, his former clerk decided to take a turn justifying half-a-million dollars in gifted vacations and having a right-wing donor house a jurist’s mother rent-free while failing to disclose it for years despite the incredibly explicit language of the statute.

It’s not an easy fact pattern to square with, you know, the law. But where there’s a will, there’s an incredibly disingenuous way:

“Citizens deserve a government they can believe in. So I warmly welcome any good faith discussion about how to strengthen ethics in government,” Ho said in prepared remarks. “But we should apply the highest ethical standards, not hypocritical double standards.”

What the fuck does that even mean?

Because even if there were double standards at play here, he’s saying that taking hundreds of thousands of dollars in value and failing to comply with basic financial disclosure laws is not covered by “the highest ethical standards” somehow? Any “hypocritical double standards” could only implicate others, never absolve Thomas — at least without invoking the “well, Jamie’s mom let’s her do it” doctrine. And I don’t think that was recognized by the Framers.  
Ho pointed to a Wall Street Journal report that found more than 130 federal judges heard cases in which they or a family member owned stock in one of the involved companies, saying the report “did not accuse all of those judges of actual corruption. .... That’s an important distinction to draw. Because there’s a big difference between actual corruption and the appearance of corruption.”
That report determined that a whole bunch of judges failed to recuse themselves when a financial conflict existed.  
Ho said Thomas wasn’t the only justice to take trips that were sponsored by individuals or organizations that don’t have interests pending before the court, but that hasn’t been enough to trigger recusal.
One, it probably should be. Two, Judge Ho knows other justices took trips… because they disclosed them. Maybe transparency cures these breaches and maybe it doesn’t, but there’s not even an attempt out of this guy to justify concealing this. As an advocacy for Thomas, Ho’s remarks amount to a non-sequitur.
So once again the bad faith and ill will that America's fascist radical right routinely operates with is on public display. Here Ho is trying to excuse the appearance of conflicts to distract from actual conflicts and corruption that Thomas operates without concern or moral qualm. We can look forward to the next Republican president nominating Ho for the Supreme Court. 
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Pillow guy snippet: The WaPo reports:
Mike Lindell’s firm told to pay $5 million in ‘Prove Mike Wrong’ 
election-fraud challenge

MyPillow founder and prominent election denier Mike Lindell made a bold offer ahead of a “cyber symposium” he held in August 2021 in South Dakota: He claimed he had data showing Chinese interference and said he would pay $5 million to anyone who could prove the material was not from the previous year’s U.S. election.

He called the challenge “Prove Mike Wrong.”

On Wednesday, a private arbitration panel ruled that someone did.

The panel said Robert Zeidman, a computer forensics expert and 63-year-old Trump voter from Nevada, was entitled to the $5 million payout.

Zeidman had examined Lindell’s data and concluded that not only did it not prove voter fraud, it also had no connection to the 2020 election. He was the only expert who submitted a claim, arbitration records show.

He turned to the arbitrators after Lindell Management, which created the contest, refused to pay him.

In their 23-page decision, the arbitrators said Zeidman proved that Lindell’s material “unequivocally did not reflect November 2020 election data.” They directed Lindell’s firm to pay Zeidman within 30 days.
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The NYT writes about what the fascists are planning for 2025 with a fascist Republican in the White House:
Heritage Foundation Makes Plans to Staff Next G.O.P. Administration

No matter the Republican, the effort has set a goal of up to 20,000 potential officials in a database akin to a right-wing LinkedIn

“In 2016, the conservative movement was not prepared to flood the zone with conservative personnel,” Dr. Roberts said. “On Jan. 20, 2025, things will be very different. This database will prepare an army of vetted, trained staff to begin dismantling the administrative state from Day 1.”  
In late 2020, Mr. Trump issued an executive order that would establish a new employment category for federal workers, called “Schedule F.” Barely anyone noticed because the order was developed in strict secrecy over more than a year and issued only two weeks before the 2020 election.

Key officials involved with the federal civil service immediately grasped the significance of Schedule F and its potential to create a new federal work force in which loyalty to Mr. Trump was the highest criteria, they said.  
Mr. Trump’s staff estimated that Schedule F would give the president the power to terminate and replace as many as 50,000 career government officials who served in roles that influenced federal policy.

President Biden rescinded the Schedule F order on his third day in office, but over the past two years, several of Mr. Trump’s confidants, including his former budget director Russell T. Vought, have been working on a plan to re-enact the order and gut the federal civil service in a second Trump administration.
What that means is clear and undeniable. The fascists intend to get rid of business regulations and most federal regulatory agencies, gut consumer protections, kill democracy and civil liberties including voting rights, severely reduce domestic safety net spending, reduce taxes on the wealthy, and open the floodgates for state and federal tax dollars to flow into the coffers of big corporations and Christian churches, organizations and businesses. 

The only question is whether the fascists can pull it off. If Trump is re-elected, he won't care about professionals who are competent. Competence is not relevant to him. He cares about thugs who are loyal. 

What the GOP wants to do to American democracy is exactly the same as what Viktor Orban did to democracy in Hungary, i.e., kill it and replace it with dictatorship and single party rule. That is what a new and improved Schedule F will do to democracy and the federal government.
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From the People Shooting People For No Reason Files: The AP writes:
A North Carolina man accused of shooting and wounding a 6-year-old girl and her parents after children went to retrieve a basketball that had rolled into his yard was arrested in Florida Thursday afternoon, authorities said.

The violence was the latest in a string of recent shootings sparked by seemingly trivial circumstances.

Robert Louis Singletary, 24, was arrested in the Tampa area by Hillsborough County deputies, according to online jail records.  
A 6-year-old girl, Kinsley White, was grazed by a bullet in the left cheek and was treated at a hospital and released, she and her family said. Her father, Jamie White, who had run to her aid, was shot in the back. He remained hospitalized Thursday with serious wounds, including liver damage, according to Kinsley’s grandfather and neighbor, Carl Hilderbrand. The girl’s mother, Ashley Hilderbrand, was grazed in the elbow. Authorities say Singletary also shot at another man but missed.

Thursday, April 20, 2023

From the Democrats Failing to Defend Democracy Files

Senate Democrats need to play hardball

Senate Judiciary Committee Chairman Richard J. Durbin (D-Ill.) seems spectacularly ill-suited for an era when democracy is at risk, when Republicans observe no rules of decorum and when the federal judiciary’s credibility is crumbling.

Far too restrained and deferential, Durbin has refused to alter practices such as the “blue slip,” which allows home-state senators to nix the president’s judicial nominees, although he has beseeched Republicans not to abuse the practice. Durbin also hasn’t yet conducted hearings on the disastrous effects of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization and related abortion bans, nor has he held hearings on a mandatory ethics code for judges — although he has promised hearings on revelations about Justice Clarence Thomas’s failure to disclose luxurious travel gifts and real estate sales. Then again, Senate Democrats as a whole haven’t pushed Durbin, so one cannot blame him alone for his timidity.

Caroline Fredrickson and Alan Neff recently wrote about blue slips for Just Security:

“The blue slip is an opaque — and inherently obstructionist — Senate tradition that allows a single Senator in any State to block a presidential nominee to the District Courts in their electoral patch merely by withholding their consent to consideration of the nominee in Committee. Like the filibuster, the blue slip allows Senators to halt Senate action without ever having to explain themselves to their Senate colleagues, their constituents, or the public, even if it means more criminal and civil cases languish unresolved on federal trial-court dockets for longer periods.”

Durbin could end this practice at any time, removing another abuse of minority-party power in the Senate. It’s one that has been spectacularly abused by Republicans, who have pushed through grossly unqualified, unfit nominees nominated by Republican presidents and yet nixed perfectly acceptable judges nominated by Democratic presidents.
In January, Durbin wrote a letter to colleagues essentially begging them to be more bipartisan and cooperative. (This Republican Party?) “Democratic Senators returned 130 blue slips for President Trump’s district court nominees. This enabled 84 district court nominees to be confirmed — nearly 50 percent of all district court confirmations under President Trump,” he wrote. However, “To date, my Republican colleagues have returned only 10 blue slips on district court nominees.”

Nothing changed, unsurprisingly.

Last week, Carl Hulse wrote for the New York Times:

Then last week, Sen. Cindy Hyde-Smith, Republican of Mississippi, served notice to the Judiciary Committee that she would not allow the nomination of Scott Colom, a candidate for a court vacancy in the state, to move forward, citing his past political support from the left, among other reasons. Her stance endangered the confirmation of Mr. Colom, a popular Black Democratic state prosecutor who had the backing of Roger Wicker, the other Republican senator from the state, as well as leading Mississippi Republicans including two former governors, Haley Barbour and Phil Bryant.
Durbin had previously promised he would respect blue slips unless the decision to withhold the blue slip was based not on the nominee’s qualifications but on race, gender or sexual orientation. Apparently, this didn’t qualify in his eyes.  
Committee Democrats can, if they choose, push Durbin to end the blue slip practice. They also could demand a hearing on Supreme Court ethics, on book banning, and on the effects of Dobbs and abortion bans. They might even hold hearings on corruption in the prior administration or on domestic terrorism. They could hold hearings on nationwide injunctions and single judge divisions, which allowed for Judge Matthew J. Kacsmaryk’s abysmal ruling on the abortion drug mifepristone.
This is what the fall of democracy, inconvenient truth and civil liberties looks like when their defenders do not fight as hard as they can. One can reasonably ask the question, which side is the Democratic Party on? Arguably, it's quietly on the side of the corrupt authoritarians or it's on no side at all.

News bits: GOP witch hunt update; No Labels subverted by the radical right?

Sad note: I will probably be on jury duty today, tomorrow, Monday, Tuesday and maybe Wednesday, so I will have limited blogging time those days. ☹️

House Oversight & Accountability Committee Chairman James Comer admitted in an interview with CNN that the committee he leads has yet to find any criminal activity on behalf of President Joe Biden’s family.

CNN host Pamela Brown asked Mr Comer in an interview whether he had learned if Mr Biden had conducted any potential criminal activity when he was in office.

“Well, we’ve found a lot that’s certainly unethical, we’ve found a lot that should be illegal, though the line is blurry as to what is legal with respect to family influence-peddling,” he said in response. “I think people in both parties have argued for many years that family members of both Republicans and Democrats – especially family members of presidents – have benefited from our adversaries around the world.”
A Republican complaining about ethics? In January 2023, Newsweek wrote:
The House voted to approve a new rules package on Monday, days after electing California Republican Kevin McCarthy as speaker following a protracted series of negotiations with the party's right wing and a nearly unprecedented 15 rounds of voting.

"As the Republican House Majority's first move, they voted to gut the Office of Congressional Ethics, which holds Members of Congress accountable for abuses of power," tweeted Democratic Representative John Sarbanes of Maryland. "Decreasing transparency and accountability in government is the last thing we need."
Family influence peddling? Ivanka and Jared weren't family and didn't curry favors? In February 2023, Bloomberg wrote:
House Democrats are renewing calls for information from former President Donald Trump’s son-in-law, Jared Kushner, on his business dealings with Saudi Arabia, countering Republican accusations of influence-peddling by President Joe Biden’s family.

In a letter to Kushner on Wednesday, Representative Jamie Raskin of Maryland, the top Democrat on the Oversight and Accountability Committee, asked that Kushner supply details about a more-than-$2 billion Saudi investment in his private equity firm just months after Kushner left the White House.
As usual, GOP hypocrisy is beyond off the charts.


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Last week immediately after becoming aware that No Labels (NL) was planning to run a third party candidate for president in all 50 states, I wrote to them and strongly warned against doing that because it could tip the race to Trump. The NL leadership was making public statements that there was no way that NL could tip the election to Trump. 

NL ignorance and hubris on this point was obvious. NL advisor Benjamin Chavis Jr., a former executive director of the NAACP said: “I just wanted to emphasize on the spoiler question: I would not be involved if I thought in any account that we would do something to spoil the election in favor of Donald Trump. That’s just not going to happen.” I pointed out that no one could predict that with confidence. I then pointed them to the political prediction research by Philip Tetlock, which makes it clear that most experts, pundits and politicians are basically no better at predicting things like this than random guessing. To me, what NL was doing was beyond dangerous and thus incomprehensible.

New reporting suggests that NL has been subverted by the radical right, just like the original Tea Party appears to have been subverted by radical Christian nationalists years ago. The New Republic reports:
No Labels Took More Than $100,000 From 
Clarence Thomas Buddy Harlan Crow

The “nonpartisan” group also relied on Crow—whom it dubbed one of its “whales”—to reel in nearly two dozen other donors from 2019 to 2021

Officially, No Labels’ mission is to create a space for moderates on both the left and the right to come together and find solutions above the partisan fray. But the group has managed to anger Democrats at times by endorsing conservative candidates such as then-Representative Cory Gardner in Colorado, who was running for Senate against moderate Democrat Mark Udall in 2014. No Labels also labeled Donald Trump a “problem solver” in the early days of the 2016 campaign because he signed a piece of paper No Labels circulated supposedly committing to enacting certain reforms if elected.  
Years before megadonor Harlan Crow was reading ProPublica stories about his close ties with Clarence Thomas, often seen as maybe the most partisan justice on the Supreme Court, he was doling out donations and referring friends to No Labels, the outside group that claims to offer an avowedly nonpartisan approach to politics.

If some might see a contradiction there, it’s one that doesn’t seem to matter to either Crow or No Labels.

The New Republic obtained a document with figures showing that between 2019 and 2021, Crow donated over $130,000 to No Labels. Crow was considered a “whale”-level donor by the organization—an august status reserved for only the most generous donors. Crow referred other donors to No Labels, ones who earned the “whale,” “dolphin,” and lesser “minnow” status. By 2021, Crow had steered nearly two dozen other donors to No Labels, the information provided to The New Republic shows.  
This year, No Labels has been looking to set up a launching pad for a third-party presidential ticket with one Republican and one Democrat on it. But the focus of these efforts will more likely help a Republican—the way things are looking, Trump—win a matchup against Joe Biden. No Labels has been torched by Democrats and Democratic-leaning groups, including the moderate Third Way, for mounting an effort that’s almost bound to hurt Biden.
Despite his claims** to be a compromiser and not an extremist, Harlan Crow is no compromiser or moderate. He's a radical right fascist. Based on TNR reporting and the NL's naivety and/or obliviousness, it looks like NL has been subverted by the radical right. 

** For example, he told TNR: “America is in trouble if we keep going down the path of letting the two extremes dictate our politics. I support No Labels because our government should be about what’s best for America, not what’s best for either political party. That’s also why I’ve supported candidates from both sides of the aisle who are willing to engage in civil discussions to move our country forward.” Business Insider comments:
  • GOP megadonor Harlan Crow has been secretly funding lavish vacations for Justice Clarence Thomas.
  • But he's also given thousands to Democrats who've stymied the party's agenda at various times.
  • They include Sens. Joe Manchin and Kyrsten Sinema, as well as Reps. Josh Gottheimer and Henry Cuellar.
Texas billionaire Harlan Crow's largesse goes far beyond yacht trips and resort stays with the top conservative jurist. It also includes thousands of dollars in contributions to congressional Democrats known for bucking their party.
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From the American Theocracy files: The NYT writes
Supreme Court Delays Decision on Abortion Pill, Preserving Access for Now

The Supreme Court on Wednesday extended for two days a pause on a lower-court ruling that had sought to limit access to the abortion pill mifepristone, ensuring that the drug would continue to remain widely available for now.

In a brief order, Justice Samuel A. Alito Jr. announced that the pause would lapse on Friday at midnight, giving the court more time to consider the case, though it could act before then.
Along with No Labels, it looks to me like the NYT has been subverted by radical right authoritarians . Why? The Supreme Court took a blatantly invalid, obviously theocratic lower court decision and extended it two days. The title of the article is propaganda. Access was not “preserved for now.” It was preserved two puny days, which is amounts to not preserving it at all for real world purposes. A more accurate title is: Supreme Court Supports Illegal Lower Court Decision on Abortion Pill


Truth??


A few graphs to illustrate how well the American justice system works (cough cough)

 



Mississippi has an incarceration rate of 1,031 per 100,000 people

Oklahoma has an incarceration rate of 993 per 100,000 people
Georgia has an incarceration rate of 968 per 100,000 people
Arkansas has an incarceration rate of 942 per 100,000 people
Kentucky has an incarceration rate of 930 per 100,000 people

Arizona has an incarceration rate of 868 per 100,000 people
Wyoming has an incarceration rate of 850 per 100,000 people
Texas has an incarceration rate of 840 per 100,000 people
Tennessee has an incarceration rate of 838 per 100,000 people
South Dakota has an incarceration rate of 824 per 100,000 people

Connecticut has an incarceration rate of 394 per 100,000 people
New York has an incarceration rate of 376 per 100,000
New Jersey has an incarceration rate of 341 per 100,000 people
New Hampshire has an incarceration rate of 328 per 100,000 people
Maine has an incarceration rate of 328 per 100,000 people
Rhode Island has an incarceration rate of 289 per 100,000 people
Vermont has an incarceration rate of 288 per 100,000 people
Massachusetts has an incarceration rate of 275 per 100,000 people




So, here is the million dollar question:
 

Republicans like to talk tough on crime — but they're the ones with a real crime problem

Crime is much worse in "red states" — and that's been true for years. Why don't Democrats ever just say it?





Tuesday, April 18, 2023

Brazen shameless lies: Dominion settles defamation lawsuit against Faux News

From the Beyond Outrageous Lies Files: The AP reports
Fox and Dominion Voting Systems reached a settlement Tuesday in the voting machine company’s defamation lawsuit, averting a trial in a case that exposed how the top-rated network chased viewers by promoting lies about the 2020 presidential election.

The terms of the settlement were not immediately clear.

The settlement was announced by the judge in the case, who allowed the case to go to trial while emphasizing that it was “CRYSTAL clear” that none of the allegations about Dominion aired on Fox by allies of former President Donald Trump were true.

A statement from Fox said the settlement reflected the network’s “continued commitment to the highest journalistic standards. We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”
As I expected in the case of a settlement (post yesterday), the terms of the agreement are secret. Faux gets to proudly and brazenly lie about how great it and its “highest journalistic standards” are. Faux could not care less about allowing “the country to move forward from these issues.” The only acrimony that was relevant was that between Dominion and the fascist Faux trying to protect its revenues, profits and fascist, democracy-crushing agenda. 

Update: Oops, I stand corrected. The Hill is reporting that Faux paid Dominion $787.5 million. I thought that would be kept secret.