and speaking of guns…

Two separate incidents in different states, each of which reveals a different facet of how massively fucked up our firearm legislation is.

First — Back in December of 2020 and January of 2021, Zackey Rahimi of Texas was, according to court documents, “involved in five shootings in and around Arlington, Texas.” Five shootings in as many weeks. First, there was the time he “fired multiple shots” into somebody’s house after selling narcotics to the person who lived there. Then there was the car accident. Rahimi “exited his vehicle, shot at the other driver, and fled the scene.” A short time later, he returned to the scene of the accident and fired a few more shots. That’s three shooting incidents. The fourth time, he “shot at a constable’s vehicle.” The circumstances behind that aren’t discussed in the court’s order. Finally, Rahimi “fired multiple shots in the air after his friend’s credit card was declined at a Whataburger restaurant.”

About a year earlier, Rahimi had been subject to a civil protective order after he’d assaulted his girlfriend (and the mother of his child). The court order “restrained him from harassing, stalking, or threatening his ex-girlfriend and their child. The order also expressly prohibited Rahimi from possessing a firearm.”

Clearly, given five shootings in five weeks, Rahimi hadn’t paid much attention to the restraining order. But at least he was eventually indicted for possessing a firearm while under a domestic violence restraining order. Rahimi’s lawyers moved to dismiss the indictment on the ground that the law in question (18 U.S.C. § 922(g)(8)) was unconstitutional. The federal district court told him to fuck right off, so Rahimi pleaded guilty.

Later Rahimi appealed his guilty plea. A three-judge panel of the Fifth Circuit Court of Appeals also told him to fuck right off.

Zackey Rahimi can have his guns

But then SCOTUS decided the case of New York State Rifle & Pistol Association, Inc. v. Bruen, which (in my opinion) was a bugfuck insane decision. The court decided (6-3) that in lawsuits involving federal and states’ gun regulations, courts need to evaluate the regulation not in consideration of the public good, but in light of the “historical tradition of firearm regulation”.

Let me just repeat that. The court should NOT consider the public good, but instead should consider the historical tradition of firearm regulation. So the Fifth Circuit Court took another look at Rahimi’s argument, taking the SCOTUS approach that “greater weight attaches to laws nearer in time to the Second Amendment’s ratification.”

Again, let me repeat that. Courts are now supposed to give more weight to laws written around the end of the 18th century than to modern laws. And guess what. Both Massachusetts and New Hampshire had written laws closer in time to the drafting of the 2nd Amendment, laws that were virtually identical, and those laws stated:

[N]o man . . . [shall] go or ride armed by night or by day, in fairs or markets, or in other places, in terror of the country, upon pain of being arrested and committed to prison by any justice on his view, or proof of others, there to a time for so long a time as a jury, to be sworn for that purpose by the said justice, shall direct, and in like manner to forfeit his armour to the Commonwealth.

Armor includes weapons. You’ll notice something else in that law. Ain’t nothing there about protecting ex-girfriends. And even though the Fifth Circuit agreed that the modern law “embodies salutary policy goals meant to protect vulnerable people in our society…Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right.”

The court concluded the law protecting Rahimi’s ex-girlfriend–or anybody seeking a civil protection decree–by removing a violent offender’s firearms was “an outlier that our ancestors would never have accepted.” They overturned Rahimi’s conviction.

Five shooting incidents in five weeks, and the court said the motherfucker shouldn’t be prohibited from owning a gun.

Second — Last Tuesday (2-23-23) in Silver Creek, Indiana (a suburb of Louisville, KY) 23-year-old Devon Lyons was seen running along Highway 31 (a main thoroughfare in town) carrying a rifle. Two nearby schools were put on lockdown.

However, it’s perfectly legal in Indiana for folks to run around with a loaded rifle. The state doesn’t require a permit to carry a long gun. So nothing was done.

Devon Lyons can have his rifle.

It happened again the following day. The Clark County Sheriff sent deputies to monitor Lyons as he ran down the street carrying his rifle. When Lyons got into his car to drive away, he was taken into custody for driving while his license was under suspension.

You can’t operate a car without a license. Guns? Who needs a license for that?

Scottie Maples, the Clark Coutny Sheriff, said this:

“I got a job to do as Sheriff to protect people’s constitutional rights. My daughter goes to that school, a couple of my deputies’ daughters go to these schools so we’re going to take these things seriously but we’re also not going to break anybody’s Constitutional rights.”

We’re not going to break anybody’s Constitutional rights. Children? Battered women? Sorry, very sorry, oh so very sorry, but you’ll just have to take your chances. Because that’s how we do it in these United States.

EDITORIAL NOTE: We must burn the patriarchy. Burn it to the ground, gather the ashes, piss on them, then set them on fire again. Burn the patriarchy, then drive a stake directly through the ashes where its heart used to be, and then set fire to the stake. Burn the fucker one more time. And keep burning it, over and over. Burn it for generations. Then nuke it from orbit. Then have tea.

it’s a wonderful communist life

Here are some True Things about people who are frightened. 1) They see threats everywhere. 2) They see threats even if they don’t exist. 3) They prefer imaginary threats over actual threats, 4) They will ignore actual threats in order to focus on imaginary ones. 5) They will take dramatic steps to defend themselves against imaginary threats, while avoiding taking sensible steps to defend against actual threats. 6) Their fears make them vulnerable to authoritarian leaders.

In the mid-to-late 1940s, Americans were frightened by communism. They weren’t scared of actual communism, which is a socio-economic philosophy grounded in the idea that the people who actually produce stuff should have reasonable access to the tools they use to produce that stuff and a fair share in the stuff they’ve produced. They were scared of the Soviet Union (and to a lesser extent, communist China), which presented an interpretation of communism as a single-party authoritarian government ruled by ideologues instead of elected leaders.

This was the political equivalent of assuming the Spanish Inquisition represented all of Christianity. There’s good reason to be afraid of the Spanish Inquisition; Christianity as it was originally created is pretty harmless.

“Daddy, teacher says every time a bell rings a communist gets to steal a banker’s wings.”
“That’s right, Zuzu, that’s right. Attaboy, Karl Marx!”

But back in the 1940s and 50s, a LOT of people were scared of what they believed was communism. They saw communists everywhere; they saw the supposed influence of communism everywhere; they were told that a cadre of dedicated communists were actively infiltrating every aspect of American life in a wily attempt to destroy everything decent. Including movies.

In 1947, the FBI produced a massive 13,000-page report (no, that’s not a typo, it was seriously more than thirteen thousand pages long) called Communist Infiltration of the Motion Picture Industry. It included this:

The purpose of the Communists in Hollywood is not the production of political movies openly advocating Communism. Their purpose is to corrupt non-political movies — by introducing small, casual bits of propaganda into innocent stories and to make people absorb the basic principles of Collectivism by indirection and implication. Few people would take Communism straight, but a constant stream of hints, lines, touches and suggestions battering the public from the screen will act like drops of water that split a rock if continued long enough. The rock that they are trying to split is Americanism.

One example of communist infiltration provided by the FBI provided was the movie It’s a Wonderful Life. The screenwriters (Frances Goodrich and Albert Hackett), according to the FBI

“were very close to known Communists and on occasion in the recent past while these two writers were doing a picture for MGM, Goodrich and Hackett practically lived with known Communists and were observed eating luncheon daily with such Communists as Lester Cole and Earl Robinson.
With regard to the picture, “It’s a Wonderful Life”, [name redacted] stated in substance that the film represented a rather obvious attempt to discredit bankers by casting Lionel Barrymore as a “scrooge-type” so that he would be the most hated man in the picture. This, according to these sources, is a common trick used by Communists.
In addition, [name redacted] stated that, in his opinion, this picture deliberately maligned the upper class, attempting to show the people who had money were mean and despicable characters. [name redacted] related that if he had made this picture portraying the banker, he would have shown this individual to have been following the rules as laid down by the State Bank Examiners in connection making loans. Further, [name redacted] stated that the scene wouldn’t have “suffered at all” in portraying the banker as a man who was protecting funds put in his care by private individuals and adhering to the rules governing the loan of that money rather than portraying the part as it was shown.
In summary, [name redacted] stated it was not necessary to make the banker such a mean character and “I would never have done it that way.”

So, It’s a Wonderful Life was seen by some people as communist propaganda because it was mean to bankers. It’s an incredibly twisted way to view that movie.

“What does that get us? A discontented, lazy rabble instead of a thrifty, working class. And all because a few starry-eyed dreamers like Peter Bailey stir them up and fill their heads with a lot of impossible ideas.”

But we can apply that same anxious, apprehensive worldview to almost anything modern conservatives fear. Firearm safety, drag queens, Ukraine independence, people of color, COVID regulations, trans kids in high school sports, Hunter Biden, immigrants, independent women. They’re not really afraid of the reality of these things; they’re afraid of some weird, twisted interpretation of these things. They see any depiction of these things in popular media as an attempt to destroy the American Way of Life.

In reality, these things actually represent the American Way of Life. They’re a big part of what makes life wonderful.

Let me return to my original point. People who are afraid see threats everywhere, even if they don’t exist; they prefer these imaginary threats over actual threats, which they’ll ignore in order to focus on the imaginary ones; they’ll take dramatic steps to defend themselves against imaginary threats but avoid taking sensible steps to defend against actual threats. This makes them vulnerable to authoritarian leaders. This is the MAGA-verse in a nutshell.

Let’s listen to that glorious commie, George Bailey, refute that perspective.

“Just remember this, Mr. Potter, that this rabble you’re talking about…they do most of the working and paying and living and dying in this community. Well, is it too much to have them work and pay and live and die in a couple of decent rooms and a bath?”

You want a wonderful life? Stand up to Mr. Potter. Every time a bell rings, a drag queen sings a show tune. A person of color is elected. A firearm safety law is enacted. A trans kid in high school competes in a swim meet. Ukraine gets heat. A person with a compromised immune system can go shopping. An immigrant gets a green card. An editor ignores a Hunter Biden conspiracy theory. A woman can walk home at night in safety (with her hands in the pockets of her pants).

don’t shit in the swimming pool

Okay, here’s an analogy. Twitter is a swimming pool. A large pool, an Olympic-sized pool. It’s privately owned, but open to the public.

People come. Some just want to splash around, some want to swim laps, some just want to hang out poolside, some want to train for a swim meet, some want to cannonball into the pool and make a big splash, some want to practice diving. It’s a big pool, so even if some jackass is playing Nickleback on a bluetooth speaker instead of using headphones, you can move to the other end where it’s less annoying. It’s far from perfect, but you still come because it’s the biggest pool around and all your friends hang out there.

The pool has a few loose rules. You break the rules, you can get your ass booted out of the pool. One of the fundamental rules: Keep Litter Out of the Pool. Nobody wants to swim in a pool that has old candy wrappers and cigarette butts floating around in it.

That’s Old Twitter. New Twitter is different.

New Twitter is owned by a rich, arrogant, bone-ignorant narcissist who thought it would be fun to own his own swimming pool. To save money, he’s fired the concession stand workers, the maintenance workers, and the lifeguards. He also feels some folks who’ve been evicted for littering were treated unfairly. He feels they contribute to the swimming pool community, that perhaps the litter makes swimming more challenging and immediately vital.

So he’s re-invited them back.

Now, feeling vindicated for littering, they’re gleefully shitting in the pool.

And the new owner suggests folks who are reluctant to swim in the pool now aren’t really committed to swimming.

paint over the second amendment

You know what? Fuck the Second Amendment. Oh, it was a perfectly fine amendment when it was written, but c’mon, it was written in 1789 (it was ratified a couple years later, in 1791). That was a long time ago. Things have changed. That’s the nature of things, isn’t it. They just change.

Look, the US Constitution has been amended 27 times. Why? Because things change. Because stuff that made sense at one point in time doesn’t necessarily make sense at another. Because even smart, reasonable, concerned people sometimes make a mistake or do something stupid. I mean, back in 1917 it must have seemed reasonable to amend the Constitution to prohibit the manufacture, sale, or transportation of intoxicating liquors. But a decade and a half later, the American people thought “Lawdy, we fucked that up” and they had to repeal the entire 18th Amendment.

We can do that again, only with the Second Amendment. We could just repeal it. Or rewrite it so it’s not so fucking stupid. The 18th Amendment probably saved a bunch of lives by making it a lot more difficult to get drunk. But we’ve been able to find a somewhat reasonable balance between saving lives and being able to have a decent merlot with our supper.

We can do the same thing with guns. We really can. We can shitcan the 2nd Amendment. Hell, Thomas Jefferson (who knew a lot about writing Constitutions) kinda thought we could scrap the whole entire Constitution every couple of decades and cobble together a new and more timely one. You know, a Constitution that met modern needs. Seriously, Jefferson said, “The earth belongs always to the living generation.” Ain’t no reason for us to be locked into something written by folks 230 plus years ago.

Here’s what Jefferson wrote to James Madison in September of 1789:

[I]t may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation. They may manage it then, & what proceeds from it, as they please, during their usufruct. They are masters too of their own persons, & consequently may govern them as they please. But persons & property make the sum of the objects of government. The constitution and the laws of their predecessors extinguished then in their natural course, with those who gave them being. This could preserve that being till it ceased to be itself, & no longer. Every constitution then, & every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, & not of right.

And yes, usufruct is an actual word. It refers to the temporary legal right to use and enjoy the fruits or profits of something belonging to another. It’s from the Latin usus (meaning ‘use’) and fructus (meaning ‘fruit’). Let’s say your daddy dies and leaves you everything, including the house you grew up in, BUT because your daddy is a complete asshole, he stipulates the woman he divorced your momma for can continue to live in the house as long as she wants. It’s legally your house now, but your asshole dad’s girlfriend still gets to enjoy it. If she wants to paint the walls red, she damned well can, even if you think it’s a bad idea. Usufruct.

What Jefferson is saying is that the next generation can enjoy the Constitution their parents left for them but they’re not locked into it forever. When your asshole dad’s girlfriend dies (yeah, this is a metaphor), you get control of the house and you can repaint the walls.

What Jefferson was saying is this: we can paint over the 2nd Amendment. We can and we should. Because the walls have been red way too long.

EDITORIAL NOTE: Five people were killed and at least 18 were wounded/injured last night during a drag show at Club Q in Colorado Springs. Today is Transgender Day of Remembrance, the annual event honoring the memory of transgender people killed by acts of anti-transgender violence.

We shouldn’t have to live like this.

election day

I have no idea what’s going to happen today. Neither do you.

Maybe it’ll be a quiet day. Maybe voters will line up, take their turn in the voting booth, greet each other like good citizens, then patiently wait to see the results of the election. Maybe everybody will accept those results. Maybe. But probably not.

Maybe we’ll get to see the blue wave we’ve heard so much about. Maybe Democratic voters will turn out in such massive numbers that despite the monstrous gerrymandered voting districts, Democrats will retain control of both houses of Congress. Maybe some of the worst GOP assholes will be handed their hats and told to go home. Maybe. Maybe not.

Maybe Republicans are right. Maybe voters are so afraid of imaginary enemies–of Antifa and BLM, of caravans of infected drug-toting immigrant rapists from South and Central America, of gay teachers brainwashing white hetero Christian students into becoming trans furries who drink soy lattes while using the litterbox–that they’ll vote for authoritarian leaders who’ll protect them from…something. Maybe. I hope not, but maybe.

Maybe there’ll be violence at polling sites. Long lines, political hatred, the easy availability of firearms, the loosening of restrictions limiting who can own and carry a gun and where they can legally carry them–all those things contribute to the probability of mayhem. And if schools and churches and supermarkets are vulnerable to mass shooting incidents (I fucking hate the term ‘incidents’ to describe these), will anybody be surprised to hear about one at a polling site? Maybe blood will be shed today. Maybe. Again, I hope not. But only an idiot would dismiss the possibility.

I don’t know what’s going to happen today. I don’t know what’s going to happen today partly because I don’t quite recognize the nation we’ve become.

I don’t know what’s going to happen today, but I know this: I voted. I voted for the nation I hope still exists. I voted for the nation I want us to become.

Maybe it’ll happen. Maybe not.

If you haven’t voted yet, go vote now. Vote for your lives.

news cycle

Herschel Walker: Abortion is bad, wicked, evil and I am against it totally.
Press: Didn’t you pay for your girlfriend to have an abortion?
Walker: That’s a lie. I did NOT pay for that woman’s abortion.
Press: Your ex-girlfriend says you did.
Walker: She’s a liar.
Press: We have the get well card you sent her.
Walker: Okay, I sent her a get well card. She was…you know, sick and all.
Press: We have a copy of the check you sent her to pay for the abortion.
Walker: That check was for medical supplies. Aspirin, hot water bottle, stuff like that.
Press: The memo line on the check says, ‘This is to pay for your abortion’.
Walker: It’s a forgery.
Press: We have video of you dropping her off at the abortion clinic.
Walker: I thought that was a Target. Anybody can make a mistake.
Press: In the audio of the video we can hear you saying, “Bye now, have a nice abortion!”
Walker: Fake news! Women lie!
GOP: We completely support Herschel Walker and are outraged by these scurrilous accusations. It just proves Democrats can’t be trusted.
Press: GOP says Dems can’t be trusted.

GOP: It’s possible Mr. Walker at one point in his otherwise exemplary life thought abortion might be okay under certain circumstances, but now he realizes he was wrong and all abortion is murder, so leave him alone.
Press: Exemplary life? He put a gun to his wife’s head and threatened to kill her.
GOP: A candidate’s domestic life isn’t the issue. The issue is pedophiles teaching CRT to grade school students.
Press: Walker used to play Russian roulette.
GOP: The Republican party cares about mental health rehabilitation. The past is the past.
Press: We’ve just received video of Herschel Walker paying to abort endangered baby eagles.
GOP: There’s no law against aborting baby eagles. Stick to the real issues that are important to American families. Inflation, the price of gas, trans girls winning medals in high school sports, Democrat crossdressers in girls bathrooms selling fetanyl.
Press: GOP says Dems killing teen girls.
Tucker Carlson: Are there are videos of Hunter Biden dressed in a frilly Lolita skirt taking bribes and cocaine from Chinese agents in the girl’s bathroom of a Catholic grade school? I’m just asking questions. Next up, Herschel Walker discusses how to arm yourself to protect your family from baby eagles.

blood in the streets

“If there’s a prosecution of Donald Trump for mishandling classified information…there’ll be riots in the street.”

That was Senator Lindsey Olin Graham of South Carolina. But I’ve been seeing and hearing that sort of idiotic bullshit a lot lately–on the news and in real life. There was a guy at the gym last week–a living caricature of a Trump supporter; overweight and angry, loud and obnoxious–saying much the same thing. He said he was so angry he was “about ready to take up arms.” About ready. Not actually ready to take up arms, but just about ready.

Putting aside the fact that this guy would have probably collapsed in a puddle of his own urine if he’d had to run across the street, there’s the question of whom he’d take up arms against. In his rant, he mentioned Uncle Joe Biden, Antifa, the DeepStateFBI (yes, it was all one word) and communists. Maybe he meant to take up arms against all of them? Or maybe he thinks they’re all the same group? I don’t know. It was an unhinged, unfocused, unorganized rant.

Is this blood-in-the-streets scenario something we really need to fret about? Well, yes and no. I mean, the 1/6 insurrection is evidence that there are a lot of angry Trumpistas who are willing to use violence to get their way. So yeah, that’s a real concern.

But that anger had focus. Misdirected focus built on lies, true–but there was a focal point. The Capitol Building. Comrade Trump pointed them at the Capitol. It’s entirely possible (assuming Trump gets indicted–and I think he will–and goes to trial–and I’m not so sure about that) that a Trumpista mob would assault the courthouse.

He could riot for maybe half a street.

But as for widespread rioting in the streets? Naw, probably not. Sure, there’ll be pro-Trump protests and some of those will likely turn violent. But the problem with the sort of conspiratorial free-floating rage we see from so many Trumpistas is that it’s undirected. Like the fuckwit at the gym, they’re intensely angry at some vague, nebulous Biden/Antifa/DeepState/commie Bogeyman that doesn’t exist. It’s easy to sustain that sort of anger, but hard to sustain any sort of direct action against vapor. You can’t punch smoke.

But you can punch fascists. If holding Trump accountable for his crimes leads to violence in the streets, then so be it. I’d much rather it didn’t happen, but if it does then it does. It’s a price we may have to pay to resist fascism.

EDITORIAL NOTES: 1) I don’t advocate punching anybody, even if they’re fascists. But if you find yourself on the street and there’s a fascist in front of you doing or saying fascist stuff, DO NOT punch him (it’ll almost certainly be a guy) in the head; heads are mostly bone and you could hurt your hand. Punch him someplace soft. 2) When I described the Trumpista at the gym as being “overweight and angry” and said he’d likely collapse “in a puddle of his own urine if he’d had to run across the street,” it wasn’t to denigrate fat people. There are fat people who are in really good shape. I’m just describing those armchair warriors who sit around drinking cheap-ass beer and eating bags of Doritos and fantasize about being tough. I probably am denigrating cheap-ass beer, though. Sue me.

an inspiration?

At the end of Thursday’s hearing by the House Select Committee, Liz Cheney made a point of praising the women who testified before the committee. She named Capitol Police Officer Caroline Edwards and Georgia election workers Shaye Moss and Ruby Freeman, as well as Sarah Matthews who had testified moments before. But Cheney singled out Cassidy Hutchinson for particular praise.

“She sat here alone, took the oath and testified before millions of Americans. She knew all along she would be attacked by President Trump, and by the 50, 60 and 70-year-old men who hide themselves behind executive privilege. But like our witnesses today, she has courage, and she did it anyway. Cassidy, Sarah and our other witnesses, including Officer Caroline Edwards, Shaye Moss and her mother, Ruby Freeman, are an inspiration to American women and to American girls.”

Yes. And no. And yes again. Yes, all of these women deserve praise for doing the right thing. But let’s look at the totality of their circumstances. The two Georgia election workers were just doing their job like tens of thousands of election workers in every precinct in the United States. It’s an important job, but not an especially demanding one; it took no courage for them to do the right thing. Their courage was tested afterwards, when they were vilified for having done their job properly. Partisan politics didn’t play a role in their jobs.

Officer Edwards at the fist barricade

Officer Edwards was doing her job as well, but on January 6th her job put her in direct physical danger. She was one of a handful of officers who were the first line of defense at the Capitol building. They were quickly overwhelmed; she was knocked down, knocked unconscious, suffered a traumatic brain injury–then after she regained consciousness, she went back to work and for several hours fought in close combat with rioters. That clearly took courage and dedication. Partisan politics didn’t play a role in her job.

Partisan politics is why Sarah Matthews and Cassidy Hutchinson had their jobs. They each made a deliberate choice to work in the Trump administration. They supported the Trump administration. They knew who Donald Trump was–how he behaved and how he treated others. They knew his history. And they chose to work for him They directly witnessed how he ran the White House, how he reached policy decisions, how frequently his staff quit or were fired, how he demanded loyalty without returning it. They knew Donald Trump and they willingly supported and represented him.

That makes them complicit in Trump’s behavior. They worked for him diligently for four years, during which they were willing to disregard or condone his bad behavior. It wasn’t until he actively urged an angry mob to engage in a violent insurrection in order to illegally retain power that they decided he’d gone too far.

It’s to their credit that they were willing to draw the line at sedition and insurrection. And it’s to their credit that they were willing to testify against Trump. That took courage, because Liz Cheney is right–they both knew how Trump and his supporters would treat them. Because they’d see him do it to others. Because they were okay with him doing it to others. It took courage for them to step up; but it doesn’t make them heroes.

Officer Edwards, unconscious.

So yes, the courage of these women should, as Cheney said, be “an inspiration to American women and to American girls.” But no, there’s nothing inspirational about being willing to work for corrupt, cruel people until their corruption and cruelty becomes intolerable. And yes, it’s better to draw the line too late than not draw it at all.

They were all just doing their jobs. Cassidy Hutchinson and Sarah Matthews aided a corrupt White House until the corruption became too much for them to accept. Shaye Moss and Ruby Freeman simply processed ballots according to the rules, and were unfairly vilified for it. Officer Caroline Edwards helped provide security for the Capitol Building and protect the people inside.

You want inspiration for redemption, look at Hutchinson and Matthews. You want inspiration for honesty and integrity, look at Moss and Freeman. But if you want a hero, look at Officer Edwards.

EDITORIAL NOTE: Just a reminder that patriarchy is a social structure kept in place by ordinary folks. Pay attention to how people in power treat people with lesser power. Call out assholes, even if they’re people you generally agree with. Support decency, even if it comes from people you disagree with. And every chance you get, add a match to the fire that will burn the patriarchy to the ground.