Democrat: That insurrection on January 6th was awful. Republican: Yeah, that was bad. Dem: No way anybody could justify that sort of violence. Rep: Well, it was bad but folks are upset about the election, so it’s sorta justifiable. Dem: What? No. Ain’t no way you can justify assaulting the Capitol building. Rep: Yeah, deffo justifiable. Dem: Are you crazy? Rep: Wasn’t just justifiable…actually justified. And maybe even a good thing? Dem: No fucking way. Rep: Yeah, deffo a good thing. Dem: You’ve gone deep into the dark place, haven’t you. Rep: Deffo a good thing. Maybe even a necessary thing. Dem: Jesus suffering fuck. Rep: Yep, it was absolutely good and totally necessary. Had to be done. Dem: Can NOT believe you people. Rep: I’m thinking we should do it again, maybe? Dem: What about democracy? Rep: It’s fucking ON, bitch.
Ordinary citizens engaged in legitimate political discourse.
Okay, first let me say this: even Nazis have free speech rights. I absolutely defend their right to wear swastikas on their clothes and to wave swastika flags; I defend their right to gather and say ugly, despicable, hateful things. And to do all that in public.
Saturday, a couple dozen Nazis did just that in Orlando, Florida. Gathered, wore swastikas, waved flags, shouted ugly, despicable, hateful things.
A bunch of fucking Nazis
Yay First Amendment and all, but Jeebus on toast this is disgusting. If it seems this sort of appalling bullshit is becoming more common, it’s because this sort of appalling bullshit IS becoming more common. The Overton Window has shifted so far to the right that…what?
You’re wondering, “Greg, old sock, what is this Overton Window of which you speak?” Again, stop calling me old sock. And it’s a concept created by a policy analyst named Joseph P. Overton. It refers to the ‘range of policies politically acceptable to the mainstream population at a given time.’ For example, there was time–and not that long ago–when it would have been unacceptable for a politician to publicly support violent insurrectionists attempting to overturn the result of a fair election. That would have been outside the Overton Window, outside the range of acceptable and tolerable positions for a politician to take. Now it’s horrifying common. The window has shifted.
Another fucking Nazi
It’s still outside the Overton Window for politicians to support Nazis. But now they can at least cast doubt on whether people wearing swastikas and waving Nazi flags and shouting “Jews rape children and drink their blood” are actual Nazis. A spokesperson for Florida governor Ron DeSantis actually did that. She tweeted (and later deleted) “Do we even know they’re Nazis? Or is this a stunt…?”
No, it’s not a stunt. It’s not like these folks just happen to have Nazi flags and swastika arm bands lying around the house and thought, ‘You know what would be funny? If we put on these armbands and the black uniforms that can be found in most Florida households and stood the street yelling that Jews rape kids…wouldn’t that be a hoot?‘ To even suggest it’s just a stunt expands the Overton Window by implying this sort of monstrous and reprehensible behavior is merely distasteful hijinks.
A few more fucking Nazis
If you call yourself a Nazi, then you’re a fucking Nazi. If you act like a Nazi and talk like a Nazi and dress like a Nazi, then you’re a fucking Nazi. You don’t need to carry an official Nazi Party ID card. Don’t get distracted by some distinction between neo-Nazis and regular off-the-shelf Nazis; they all just fucking Nazis. This is pretty simple.
The question we have to answer is this: what’s the proper response to Nazis? Ignoring them doesn’t do any good; they’ll just get louder and more crude. What about punching them? I’ve written about this before; if you’re willing to accept the consequences of punching a Nazi, then punch away. I can’t–and won’t–actively advocate punching Nazis, but punching Nazis has real merit.
Still more fucking Nazis
Probably the best thing to do about Nazis is to close the Overton Window on them. Right now, I’m 100% confident folks on the internet are looking at the photos of these Nazis, studying their faces, learning their identities, and contacting their employers. Very few employers–even those in Florida–are going to want to be associated with Nazis. Make it less acceptable to be a Nazi.
And always remember this: Nazis are like cockroaches. If you see one, you know there are more of the creepy little fuckers hiding in the cracks. They have the right to exist. But we don’t have to make it easy for them.
Mitt Romney was angry. Very angry. His anger burned as hot as a thousand blazing suns. Well, okay, maybe a thousand cheap birthday candles. Well, maybe a couple dozen cheap birthday candles. But still, Mitt was ever so angry. You could tell he was angry because he frowned. Not the frown he gets when the époisses de bourgogne has been served before it reached room temperature, but still it was clearly a frown.
Why was Mitt so very angry? Because he felt President Uncle Joe had been mean to Republicans. Mitt said Biden had “accused a number of my good and principled colleagues in the Senate of having sinister, even racist inclinations.” (NOTE: there are “good and principled” Republicans?) He said Biden had “charged that voting against his bill allies us with Bull Connor, George Wallace and Jefferson Davis.” (NOTE: voting against even debating the voting rights bill allies the GOP with Bull Connor and George Wallace, but maybe not Jefferson Davis.)
“You call this ‘room temperature’?”
And then Mitt paused dramatically before delivering a crushing, devastating, soul-crushing blow to Uncle Joe. He said, “So much for unifying the country and working across the aisle.” (NOTE: the GOP has dug a moat between the aisles and filled it with meth-addicted Florida alligators.) And he said it with a sneer.
It seems unlikely the Biden administration will ever fully recover from the room temperature ire of Mitt Romney. There’s a reason Romney is known far and wide as ‘Mitt Vicious’. (NOTE: Romney isn’t known far and wide as anything, let alone ‘Mitt Vicious’. He IS known close and narrow as ‘Mittens the Peevish’.)
Pundits have declared the Biden administration–and Uncle Joe his ownself–a colossal failure based on his inability in his first year in office to get the GOP, whose political survival depends on their ability to shred voting rights, to support voting rights. It seems clear to the pundits that President Uncle Joe’s ONLY hope for a successful administration is to stop suggesting that the GOP’s racist policies are based on racism; he MUST begin to foster cooperation and compromise with the GOP by accepting the god-given right of the minority to rule.
And if Biden refuses, he’ll have to face the ire of Mitt, the Towering Pale Blancmange of the Senate.
A week and a half ago I wrote, “…don’t be surprised if Rittenhouse walks.” And yet, I was sorta kinda surprised. Because, c’mon…how could this ridiculous doofus illegally buy an assault-style rifle, carry it across a state line, insert himself into a volatile environment, carry it while claiming to offer medical care he wasn’t trained or qualified to give, carry it while claiming to protect property nobody asked him to protect, then using it to shoot three people, killing two of them, and NOT suffer any consequences? It just ain’t right.
But yeah, that’s basically what happened. But WHY did it happen? I’m not a lawyer, but I’ve been around the criminal justice block a few times, and I have opinions. It begins with the Wisconsin law on self defense, which essentially says a person can use deadly force to defend themselves if that person “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.”
A lot of self-defense laws, including Wisconsin’s, include an exception for provocation and/or criminal conduct. You can’t provoke an attack, then kill your attacker and claim self-defense; you can’t engage in criminal conduct that would cause an attack, then kill your attacker and claim self defense. Makes sense, right? Okay, here we go.
Wisconsin’s self-defense law states: “A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack…”
That seems pretty clear, doesn’t it. But it continues: “…exceptwhen the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person’s assailant….” So the law says yeah, you CAN defend yourself if you provoke an attack, but LIMITS the amount of force you can use. You can fight back, but you can’t kill your attacker.
But wait. Again, it continues with another caveat: “…unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.” So even if you’ve provoked an attack through illegal behavior, you can only use deadly force to defend yourself after you’ve exhausted your other options for escape.
What does that mean in the Rittenhouse case? If he’d engaged in unlawful conduct that provoked an attack, he was only justified in using deadly force to defend himself IF he’d exhausted every reasonable means to escape. He DID try to run away before the second killing, but he tripped and fell, then shot Huber and Grosskreutz. That very possibly could fall under the Wisconsin self-defense law–tried to escape, but couldn’t. But in the initial killing, Rittenhouse was running away from Rosenbaum, then stopped, turned, shot and killed him. That seems likely to fall under the unlawful conduct exception, which would prevent him from using the self-defense claim. BUT ONLY if Rittenhouse was engaged in unlawful conduct. Like, say, illegally carrying a rifle.
The judge, remember, dismissed the illegal rifle charge. Which removed the unlawful conduct exception. Which meant Rittenhouse only had to feel his life was in danger to kill Rosenbaum. Hey bingo, he walks.
That’s how I see it. Again, I’m not a lawyer. My reasoning may be flawed. But that’s how I see it. It sucks. It’s wrong. It’s obscene on a number of levels. But that seems to be how the law is written.
There’s a lesson here. If you want to stop vigilante tourism, enact better laws. If you want better laws, vote for better legislators. You want better laws, prevent outside money and outside interests from influencing weak-ass greedy legislators.
Kyle Rittenhouse didn’t walk because he was innocent. He walked because of the motherfuckers who wrote Wisconsin’s self-defense law .
Here’s a headline from this morning’s Washington Post:
In wake of Bannon indictment, Republicans warn of payback
If you can read that and not wonder ‘What in the pumpkin spice fuck is wrong with these people’ then…well, I don’t know what. Just think about that for a moment. Republicans say they want payback because Steve Bannon…I mean Steve Goddamn Bannon…was indicted for refusing to obey a writ legally issued by a Congressional committee to provide testimony and produce evidence.
Steve Bannon showing up for arraignment this morning.
Payback? Fuck those guys. Payback is a casual way of saying revenge–a retaliatory act taken in response to some alleged/perceived harm or injustice. Republicans apparently feel harmed and aggrieved that the law applies to them as if they were ordinary people. They apparently feel subpoenas only matter if they’re issued by Republicans. They’re distressed to find that a subpoena isn’t a suggestion; it’s an order. If you choose NOT to abide by a subpoena, there’s a penalty.
I mean, it’s right there in the goddamn name. Subpoena–Latin sub, meaning ‘under’ and poena meaning ‘penalty’. A subpoena means you have to show up and/or produce evidence under penalty of law. This has been part of the common law since the 1380s when John Waltham, the Master of the Rolls of the Court of Chancery for Richard II, issued the very first subpoena–a writ compelling witnesses and defendants to show up for trial. We’re talking six and a half centuries of precedent here. If a subpoena was good enough for Richard II, it’s good enough for Steve Goddamn Bannon.
Payback? Fuck those guys. Payback for being expected to follow the law? Payback from Republicans for a guy who was 1) indicted for defrauding 2) Republican donors of millions of dollars 3) in a scam that was purported to help build 4) a border wall supported only by Republicans? They want payback for this guy? A guy who was eventually pardoned for that crime by a Republican president? Payback for a guy who had his Twitter account ganked for publicly calling for beheading FBI Director Christopher Wray and Anthony Fauci? Republicans want payback for a guy who helped foment an insurrection that put many of them personally in danger? An insurrection that included calls to hang the Republican Vice President of the United States? Republicans want payback for that guy? Fuck them. Fuck them in the neck.
Comrade Trump and two of the criminals he’s pardoned.
And fuck the Washington Post too. It’s bad enough Republicans feel outraged and vindictive for having to obey the law, but to have WaPo act like it’s normal is an appalling act of journalistic malpractice. Just because politicians say stupid shit, journalists aren’t obligated to repeat it–to pretend it’s not stupid shit. Stupid shit is stupid and it’s shit. This is not rocket surgery.
Bannon was indicted last week for contempt of Congress, but he wasn’t arrested like an ordinary person. He was given until this morning to surrender himself for arraignment. My guess is he’ll be released on bail. And while that annoys me, it’s the right thing to do. Bannon isn’t likely to flee the country. My guess is he probably wants a trial. He’ll use it as a platform to spread more disinformation.
The thing is, this isn’t just about contempt of Congress; it’s about contempt for the very idea of representative democracy. It’s about contempt for the concept of equal justice under the law. A political party that feels justified in seeking payback for a person like Steve Bannon has abandoned the right to call itself a political party. There’s nothing ‘political’ about it. Politics, after all, is devoted to working things out. Politics is about people with different ideologies and viewpoints finding ways to compromise in an effort to benefit the greater good. Modern Republicans aren’t interested in the greater good.
Kyle fucking Rittenhouse. In a rational universe, I’d feel sorry for this kid. I mean, he seems the sort of kid who grew up loving action hero movies, imagining himself fighting Commies and other monsters, but was always one of the last kids picked when teams were chosen. I obviously don’t know him, but he seems like an inadequate dweeb with Mel Gibson delusions.
K. Rittenhouse — inadequate dweeb with a rifle and Mel Gibson delusions
But we don’t live in a rational universe. That dweeb is currently on trial for murder and has become the chubber-cheeked darling of a warped, right-wing fan club.
Here are a couple things you probably ought to know when discussing the Kyle Rittenhouse trial: 1) it’s not about right and wrong, it’s about the law as it’s written, and 2) the law regarding self-defense in Wisconsin has a lot in common with the Florida law that allowed a jury to acquit George Zimmerman in the murder of Trayvon Martin. We’re talking about Wisconsin Code 939.48, which deals with self-defense and defense of others.
Let me make it even more simple. A lot of the stuff you probably think ought to be important in the case, isn’t going to be important. For example, you may think it’s important to question whether a 17-year-old high school dropout living in Illinois had any legitimate fucking reason to be in Wisconsin, at night, during a violent demonstration, illegally carrying a Smith & Wesson M&P15 rifle. Right? You may think it’s important that the people who owned the business that Rittenhouse said it was his ‘job’ to protect, never asked him to protect their business. You may think it matters that he described himself as an EMT, when his only ‘training’ came during a youth police cadet program that was canceled due to the pandemic not long after he joined. You may think all that stuff matters when deciding if Rittenhouse is guilty of murder.
But nope. Because Rittenhouse claims he was acting in self defense. None of Rittenhouse’s bad behavior has any bearing at all on whether he believed he was defending himself when he shot Joseph Rosenbaum four times and killed him, or when he shot Anthony Huber and killed him, or when he shot Gaige Grosskreutz in the arm, nearly severing his bicep.
I know, that sounds crazy. But the primary question of law is whether Rittenhouse, at the moment he shot and killed/wounded those people, believed it “was necessary to prevent imminent death or great bodily harm to himself.” That’s it, that’s the point on which this trial will almost certainly turn. Did this kid think he was about to get the shit kicked out of him? Did he think he was about to die?
Rittenhouse, having fatally shot Huber and about to shoot Grosskreutz
But, wait. What’s this? The Wisconsin law has a ‘criminal conduct’ exception? Why yes, it does. Except that exception is confusing as fuck. Here it is (with my emphases included):
“A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person’s assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.”
So, was Rittenhouse engaged in unlawful conduct? Well, yeah. He was carrying a gun that had been illegally purchased for him by a straw buyer (a crime in Illinois), and he was carrying the gun illegally in Wisconsin, where the crime took place. Wisconsin law says, “any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.” Was that conduct likely to provoke others to attack him? Maybe? Being an asshole is certainly likely to provoke folks. But here’s the key: did Rittenhouse reasonably believe he’d exhausted every reasonable means to escape?
Nothing about this is legal.
Here’s the problem: Rittenhouse was running away at the beginning of each fatal confrontation. He was running away from Joseph Rosenbaum when he heard a gunshot (a ‘warning shot’ fired by a third party). At that point, Rittenhouse turned and aimed his rifle at Rosenbaum, who apparently attempted to wrestle the firearm away…and was killed. He was also running away from Anthony Huber and Gaige Grosskreutz, who were chasing him after he’d shot Rosenbaum. When Rittenhouse tripped and fell, Huber hit him in the shoulder with a skateboard; Rittenhouse shot and killed him. Grosskreutz (who actually IS an EMT and was legally carrying a handgun for self defense) apparently pulled out his firearm at that point, and Rittenhouse shot him.
It seems to me that everybody who ran into Kyle Rittenhouse after a certain point, had a reasonable fear for their lives. And that’s the problem with all these ‘stand your ground’ or ‘no need to withdraw’ self defense laws. The only person who gets to take advantage of the laws is the one who shoots first and survives.
This was a clusterfuck. No, that’s not right. It was a series of cascading clusterfucks. Absolutely NONE of it would have happened if Kyle Rittenhouse wasn’t an arrogant, fuckwitted, asshole with Mel Gibson delusions. None of this would have happened if he’d just stayed the fuck home. As far as that goes, none of this would have happened if the Kenosha police hadn’t shot an unarmed Black man seven times.
But legally, none of that really matters. What matters, according to the law, is this: was Rittenhouse legit in fear for his life at the time he pulled the trigger?
The answer is probably yeah, he was. That may be all that matters at the burnt end of this trial. It’s not right, it’s not fair, it’s not anything remotely like justice, but don’t be surprised if Rittenhouse walks. All it takes is one juror who believes the Mel Gibson wanna-be was really and truly in fear for his life. And to be fair (man, sometimes I fucking hate to be fair), I can’t blame Kyle Rittenhouse if he walks. I mean, I completely blame him for killing those people. I completely blame him for stupidly inserting himself into a situation where he didn’t belong. But I firmly believe every accused criminal deserves a fair trial and a competent defense. A competent defense includes using the law to help the defendant.
There’ll be a lot of blame to go around if Rittenhouse walks. Be sure to focus a lot of that blame on the motherfuckers who wrote the law.
Nurses who refuse to get vaccinated, firefighters and police officers who refuse to get vaxxed, airline pilots rejecting the vax–I’m so fucking sick of these privileged assholes. If it were anything other than a political posturing, I might be more tolerant. But I’m convinced that 99% of it grows out of pig-headed Trumpist pouting and free-floating, unfocused rage.
A million years ago, I was a medic. (Yes, this is related…sorta kinda after a fashion; I’ll get there eventually.) After a year or so of doing basic medic stuff, I was assigned to a newly-developed team in a major medical center. It was called the Special Functions unit. One of our secondary duties was to respond to any medical crisis that might involve respiratory impairment–you know, difficulty with breathing. Here’s a true thing: almost every medical crisis involves some difficulty with breathing.
Although it wasn’t our original purpose, we became a support squad for emergencies. If there was a cardiac arrest, we responded with the cardiac arrest team; if there was a fire, we responded with the base fire department; if there was a suicide attempt or an accident involving a military vehicle or a premature birth or a crisis that required an ambulance, we often rode along; if there was a mass casualty/injury event, we were called to the emergency room. Technically, our role was to insure the patient/victim kept breathing while others worked on the injuries/wounds–but, of course, we were also expected to lend a hand with whatever needed to be done.
I mention all this because of one particular incident. A drunken brawl at one of the barracks. Because it was a mass injury event, I was called to the ER. Nobody was having trouble breathing, but since I was there, I was expected to help out with the brawlers–most of whom were still drunk and still belligerent. One guy had a cut on his forehead. It was a simple straight-line cut, maybe an inch and a half long, shallow, but bloody. All I had to do was debride it and suture it shut. Simple, if the guy was sober.
I should point out, this was a military medical center. In a civilian hospital, I wouldn’t have been allowed to suture wounds–not because I didn’t know how to do it, but because of liability issues. In the military, you’re allowed–even required–to do stuff that would make a civilian hospital administrator curl up in horror.
So I had to suture the cut on this guy’s forehead. But he refused to lie still. He was still drunk, still angry, still wanting to find the guy who’d hit him in the head. You can’t suture anybody who’s unwilling to lie still for more than about thirty seconds; hell, you can’t even maintain a sterile field. I mentioned this to a passing ER doctor, who looked down at the guy on the gurney and said, “If you don’t lie still, he (he nodded at me) is going to suture your ear to the pillow.” Then the doctor walked off.
Reader, I sutured that poor motherfucker’s ear to the pillow. Just one loose stitch, through his earlobe and into the pillow case. It wouldn’t have actually held him down, of course, but it was enough to shock him and keep him immobile–and I mean fucking frozen in place–until I sutured his head wound.
This was almost certainly criminal, even in the military. But it allowed me to treat his wound, it gave him a moment to abandon any desire to continue the fight, it may have kept him from a court martial, and it helped restore some order to a chaotic Emergency Room, which benefited everybody.
My point? All of these fuckwits who are refusing to get vaxxed against Covid for bullshit reasons? I want to suture their ears to pillows until they come to their senses and get the jab. I know it’s wrong. I know it’s a violation of their rights, including the right to bodily integrity. But give me a needle and a few miles of 2-0 nylon and I’d get this nation vaxxed.
It’s seriously time to stop appeasing and appealing to the people who are politically opposed to keeping the US alive and healthy.
This year we’ve seen municipal school board meetings disrupted by aggressively angry crowds, threatening harm and violence against elected school board officials if they don’t set the pandemic masking policies demanded by the crowd. Many in those crowds don’t even have children attending schools in that district; they’re just angry about mask mandates.
Angry, aggressive, threatening at school board meeting
We’ve also seen several State legislatures disrupted, swarmed by packs of aggressively angry armed men, threatening harm and violence against elected officials for setting–or even merely debating–state policies they opposed.
On January 6th, we saw the federal government disrupted and the US Capitol building breached by aggressively angry insurrectionists, threatening harm and violence against elected officials for certifying the legitimate election of the next president.
Angry, aggressive, threatening at Kentucky State Capitol
This is fractal insurrection. Insurrection is a complex dynamical system that’s self-similar across different scales. Zoom in on any part or facet of the intimidation and aggression, and it looks the same as the larger view. The intimidation and aggression seen at school board meetings is the same as the intimidation and aggression seen at state capitols, which is the same as that seen at the US Capitol.
These insurrections are recursive; they’re created, nurtured, fueled in the same way. Wrap lies and disinformation around one or more tiny kernel of truth, repeat it, add a dash of victimization, repeat, a wee bit of conspiracy theory, repeat, increase the urgency, repeat, and the cascade effect drives it farther and faster. Repeat the process over and over in an ongoing closed feedback loop, most often in social media, which promotes self-reinforcing partisan bubbles. The forces that drive people to storm the US Capitol to stop the transfer of presidential power are the same forces that drive people to a school board meeting to stop schools from requiring mask/vax mandates.
Angry, aggressive, threatening at US Capitol.
The sad thing is, that process can be considerably disrupted if social media were held accountable for the spread of lies, disinformation, and threatening behavior. There’s a place for unpopular (or even flat out offensive) opinions on social media, but those opinions can be expressed without lies, disinformation, or threats.
For example, it’s one thing to express the opinion that President Uncle Joe Biden is feeble and intellectually infirm, but it’s another thing to claim he ordered Alec Baldwin to murder Halyna Hutchins because she’d been a journalist in her native Ukraine and had uncovered information demonstrating Hunter Biden was a criminal. (And yes, that’s an actual conspiracy theory I’ve seen espoused on social media.)
So long as social media is more focused on keeping (and monetizing) their members than on their civic responsibility, we’re going to continue to see this sort of fractal insurrection expand to other arenas of social interaction.
gregfallis.com 