yes, but…

Yes, Joe Biden is old and didn’t do well in a debate. Yes, he’s lost a step (or two) and he needs his sleep. Yes, his cooperation in the genocide in Gaza is monstrous. He wasn’t my first choice in 2020–he wasn’t even in the top five on my list of candidates–but he’s been a much better and more effective president than I hoped he’d be. He’s still far from an ideal candidate.

Has there been too much emphasis on his age? Maybe. Has there been too much fuss about his debate performance? I think so, yes. Yes, but…what about the other guy?

…but this fucking guy?

Let’s not forget what Donald Trump has accomplished. In no particular order, he…

  • tried to block Muslims from entering the country
  • instituted a border policy that separated children from their families, then couldn’t find many of those children because of bureaucratic incompetence
  • evicted reporters who asked tough questions from the White House press briefings
  • hired his daughter and son-in-law, neither of whom were qualified, to work in the White House and ordered they be given security clearances they didn’t merit.
  • fired the FBI director for refusing to halt the investigation of his ties to Russia, then bragged about firing the FBI director to the Russian foreign minister and ambassador
  • unwittingly revealed highly sensitive intelligence to those same Russian diplomats IN THE OVAL OFFICE for fuck’s sake
  • couldn’t be bothered to take part in daily intelligence briefings and wouldn’t read most Intel reports unless they included photos
  • refused to release his tax returns
  • withdrew the US from the Paris accords to combat climate change
  • withdrew the US from the Joint Comprehensive Iranian nuclear deal, designed to check Iran’s fuel enrichment and uranium conversion 
  • withdrew the US from the Trans Pacific Partnership between 12 Pacific Rim economies designed to reduce their dependence on Chinese trade 
  • suggested the US should try to buy Greenland
  • reduced environmental regulations protecting the public from mercury and asbestos, and stopping coal companies from dumping toxic waste into rivers
  • opened millions of acres of federal lands to development and drilling
  • diverted US$3.8 billion of military funding to build approximately 177 miles of fencing/wall
  • seriously mismanaged the Covid pandemic, causing the deaths of hundreds of thousands
  • promoted the use of an antiparasitic medicine used to treat roundworm infections as a prophylactic against the coronavirus
  • privately told journalist Bob Woodward that Covid was deadly while deliberately downplaying the risks and dangers in public
  • eliminated the White House office of pandemic response
  • tear-gassed hundreds of peacefully gathered protesters on Lafayette Square in order to hold a photo op of him holding a Bible in front of a church
  • refused to condemn Crown Prince Mohammed bin Salman of Saudi Arabia after MBS ordered the execution and dismemberment of Jamal Khashoggi, a US-based journalist for the Washington Post
  • later bragged about protecting MBS and Saudi royalty after the Khashoggi scandal
  • played a shit ton of golf almost exclusively at his own resorts; spent about two days of every week at one of his properties during his tenure as POTUS
  • tried to convince the G7 to hold a meeting at one of his golf resorts
  • tried to get the PGA to hold the British Open at his golf course
  • charged the Secret Service exorbitant rates for protective agents to stay at his golf resorts
  • repeatedly lied about winning golf tournaments
  • abandoned Kurdish allies after their help in fighting ISIS
  • vetoed a defense funding bill because it included renaming military bases that were named after Confederate soldiers
  • withdrew US troops from Syria, allowing Russian troops to occupy former US bases, which prompted Sec. of Defense James Mattis to resign in protest
  • refused to commit to supporting and defending NATO allies
  • called soldiers who died in combat losers and suckers, and refused to attend a D-Day event honoring US war dead because it was raining
  • banned transgender people from serving in the military
  • claimed the US military had no ammunition under Obama
  • praised military dictators and authoritarian regimes while criticizing traditional US allies
  • did nothing after learning Russia paid members of the Taliban a bounty for killing US Marines
  • publicly took Vladimir Putin’s word on Russian election interference over the analysis of the US intelligence community
  • held a private meeting with Putin with only a translator present, ordered translator to destroy the notes, failed to disclose the meeting, which became public through Russian news media
  • passed massive tax cuts for the wealthiest
  • claimed he should have been awarded the Nobel Peace Prize
  • claimed he was offered Time’s Man of the Year but refused it
  • claimed he made it possible for people to say “Merry Christmas”
  • claimed Andrew Jackson could’ve stopped the Civil War (AJ died before the Civil War began)
  • thought there was an African nation called Nambia
  • maybe shit his pants a few times, I don’t know, I’m just saying is all
  • stole SCOTUS seats with the help of Mitch McConnell
  • called the news media the “enemy of the people”
  • was found liable, along with his two adult sons, for fraud and fined nearly half a billion dollars
  • found liable for sexual assault and defamation, fined US$ five million.
  • found liable for re-defamation and fined another $83 million
  • found liable in Trump University fraud and forced to pay $25 million in restitution to students
  • was required to shut down Trump Foundation after it was found to have committed fraud and misappropriated funds
  • was indicted for a whole lot of felonies relating to the insurrection and fraud and obstruction of justice and illegally hanging on to all manner of confidential and secret documents
  • was convicted of 34 felony counts by State of New York and is awaiting sentencing
  • gave Rush Fucking Limbaugh the Presidential medal of Freedom
  • gave Ed Meese, Reagan’s AG who was involved in the illegal Iran-Contra affair and resigned in disgrace after a corruption scandal, the Medal of Freedom
  • had a 92% staff turnover rate in the most influential positions within the executive office
  • thought the Virgin islands had a President
  • used a Sharpie to ‘correct’ a map in an absurd effort to to justify his claim that Alabama was under a hurricane threat
  • suggested using nuclear weapons to somehow stop a hurricane
  • threatened to withhold federal aid from states and cities with Democratic leaders who criticized him or failed to thank him
  • put Louis DeJoy in charge of the Postal Service even though DeJoy had clear conflicts of interest by being CEO of a company that did business with USPS
  • tried to pressure the president of Ukraine to manufacture dirt on Joe Biden
  • got impeached
  • staged an insurrection
  • got impeached again
  • refused to concede the 2020 election
  • refused to even attend Biden’s inauguration
  • ordered member of his administration NOT to comply with Congressional subpoenas
  • stopped holding press briefings for months at a time
  • suggested that wind turbines cause cancer and drive whales ‘batty’
  • stared directly into an eclipse like a goddamned idiot
  • and did a whole bunch of other awful shit that I’ve forgotten about
  • promises to do sparkly new awful shit in the future, especially now that he’d be free from the fear of criminal prosecution

Almost every single day of the Trump administration was a tightrope walk, waiting to see what new scandal, what new form of corruption, what inevitable act of incompetence, what unanticipated moment of galactic ignorance, what novel example of naked greed would lead the day’s news cycle. It was fucking exhausting. He’s ready and eager to do it again.

But, yeah, Biden is old and needs a nap. His knees are brittle and he walks stiffly. The White House probably spends a fortune on Ensure.

fuck everything, especially those guys

Yeah, I’m talking about those Nazgûl motherfuckers on SCOTUS. Like almost everybody I know, I spent yesterday vacillating between 1) feeling depressed and helpless and 2) wanting to set fire to the entire combustible world. The decision yesterday that POTUS (and Trump in particular) is essentially above the law was appalling and frightening, but the fact that it was delivered in smug terms by the most conspicuously corrupt and openly partisan SCOTUS in history was insulting. It’s like they’re standing there, grinning in their black robes, saying “Fuck yeah, we’re corrupt. And ain’t nothing you plebs can do about it.”

Justice Sotomayor, in her properly raging dissent, wrote, “in every use of official power, the President is now a king above the law.” And she’s right. That whole notion that nobody is above the law has gone straight down the porcelain facility. This is an unprecedented fuckwankery. This is deep fuckwankery; fuckwankery down at the cellular level. I mean, the spouses of two of the Justices (Alito and Thomas) openly supported the insurrection/insurrectionists, and yet those two tainted pricks didn’t have the fundamental sense of decency to recuse themselves from the case.

What makes this even more galling is the fact that those arrogant motherfuckers on SCOTUS were put on the bench by partisan politicians who represent a minority of US citizens. A combination of partisan gerrymandering, voter suppression, and the absurdity of the Electoral College means that the US is largely ruled by the minority. And in recent years, that minority cheated, lied, and wriggled around enough to install three partisan hacks onto the SCOTUS bench.

Wipe the smiles off the faces of 6 of these corrupt wankers.

Every single one of the Justices sitting on this SCOTUS testified under oath that they respected stare decisis, the legal concept that courts should follow precedent. At least six of them lied about that. This Court has largely shat all over precedent. For almost half a century, Roe guaranteed a woman’s right to choose. That’s gone. The Bakke decision on race-conscious admissions in higher education was the law of the land for almost as long. Not any more. For 40 years, Chevron — Jesus suffering fuck, people, there have been 70 SCOTUS and some 17,000 or so lower court cases based on Chevron, which states courts need to defer to the experts in various regulatory agencies when deciding how to interpret a law. A judge probably doesn’t know enough to decide what level of exposure to a certain chemical or substance would be harmful to a child. A judge probably doesn’t have a fucking clue about the long term effects of effluent run-off from a hog containment farm into a local river upstream from a small town. Experts need to decide this shit, not judges. But nope, this SCOTUS has turned that power over to elected or appointed judges.

Wait…I forgot bribery. Last week, this SCOTUS (and I am NOT MAKING THIS UP) made the bizarre decision that while it’s illegal for a public official (like, say, a mayor or a member of Congress, or possibly a judge) to accept a bribe, it’s perfectly for fine for them to accept a gratuity. A bribe is the offer of money (or something of value) from a person/entity before the public official makes a decision affecting that person or entity. A gratuity is accepting the same fucking thing after the decision is made. Seriously, the Court says bribes are bad but gratuities are okay. This decision was written by the Justice whose massive credit card debt was mysteriously paid off before he was nominated. You know who I’m talking about–the guy reliably accused of sexual assault. That guy. (Okay, Kavanaugh.)

If you’re reading this hoping that at the end I’ll suggest some way to make you feel better about the situation…sorry. If you’re hoping I’ll cobble together ideas for a way forward, or maybe offer some practical advice on how to minimize the damage…nope. Maybe tomorrow or at some point in the future. For now, all I have to say is let yourself be angry or depressed for a while. Maybe just be numb for a while.

But pretty soon we’ll need to get over it and resist. Resist in any way we can. Resist in every way we can. But today it’s literally raining here in the heartland, and for today that’s fine.

hitler/trump — not just a cheap shot

A couple of years ago, when I was dodging the work I should have been doing, I decided to research the authenticity of a quotation that frequently appeared online. I’d seen it attributed to both Hitler and Joseph Goebbels. You’ve probably seen it too.

Make the lie big, make it simple, keep saying it, and eventually they will believe it.

There doesn’t seem to be any evidence that either Hitler or Goebbels said it, though they certainly believed it and acted on it. However, a very similar line appeared in a classified World War 2 psychological profile of Hitler:

People will believe a big lie sooner than a little one; and if you repeat it frequently enough people will sooner or later believe it.

I downloaded the report (which was declassified in 1968) to read later…and promptly forgot about it. Until yesterday, when I stumbled on it again while deleting old files. I decided to glance through it before deleting it…and lawdy.

This is what happened. Back in late 1943 or early 1944, the Office of Strategic Services (the US intelligence agency during World War 2, which eventually morphed into the CIA) tasked a psychoanalyst named Walter Langer to prepare a profile on Adolf Hitler. The report was “an attempt to screen the wealth of contradictory, conflicting and unreliable material concerning Hitler into strata which will be helpful to the policy-makers and those who wish to frame a counter-propaganda.”

We’ve all seen a lot of comments comparing former POTUS Comrade Donald Trump to Hitler. It’s easy to either nod and agree or dismiss the comparison as overreach. But when you read the report–which, remember, was completed before the end of the war, when Hitler was still alive and in power–it’s uncanny how closely Langer’s evaluation of Hitler resembles Trump. The report itself has six sections: 1) Hitler as he believes himself to be, 2) as the German people know him, 3) as his associates know him, 4) as he knows himself, 5) a psychological analysis and reconstruction, and 6) Hitler’s probable behavior in the future. Only some of those could be applied to Trump. The quotations are taken directly from Langer’s report (which can be found here).

Hitler/Trump as he believes himself to be:

Many people have stopped and asked themselves: “Is this man sincere in his undertakings or is he a fraud?” Certainly even a fragmentary knowledge of his past life warrants such a question…. [A]ll of his former associates whom we have been able to contact, as well as many of our most capable foreign correspondents, are firmly convinced that Hitler actually does believe in his own greatness.

It makes little difference whether the field be economics, education, foreign affairs, propaganda, movies, music or women’s dress. In each and every field he believes himself to be an unquestioned authority.

He has fallen in love with the image of himself in this role and has surrounded himself with his own portraits.

Does that sound like Trump? Oh, absolutely.

Hitler/Trump as the people know him:

[F]rom a physical point of view, is not, however, a very imposing figure.

[His] personal appearance… it is safe to assume that this has been greatly tempered by millions of posters, pasted in every conceivable place, which show the Fuehrer as a fairly good-looking individual with a very determined attitude. In addition, the press, news-reels, etc., are continually flooded with carefully prepared photographs showing Hitler at his very best.

[H]is speeches were sinfully long, badly structured and very repetitious. Some of them are positively painful to read but nevertheless, when he delivered them they had an extraordinary effect upon his audiences.

[B]y the time he got through speaking he had completely numbed the critical faculties of his listeners to the point where they were willing to believe almost anything he said. He flattered them and cajoled them. He hurled accusations at them one moment and amused them the next by building up straw men which he promptly knocked down. His tongue was like a lash which whipped up the emotions of his audience. And somehow he always managed to say what the majority of the audience were already secretly thinking but could not verbalize.

[H]is refusal to permit ordinary scruples to get in his way is given as a sign of his greatness.

Yeah, that’s Trump.

Hitler/Trump as his associates know him: much of this section contradicts comparisons with Trump. Hitler, it seems, was a hard worker who was actually well informed about the workings of government. Apparently, he was generally thoughtful with his underlings, making sure they took breaks and ate well–even to the point of refusing to eat until everybody in the room had been served. He was also, it seems, personally courageous. However, there are a lot of aspects of Hitler’s personality that are equally Trumpian. For example:

H]is ability to persuade others to repudiate their individual consciences.

His primary rules were: never allow the public to cool off; never admit a fault or wrong; never concede that there may be some good in your enemy; never leave room for alternatives; never accept blame; concentrate on one enemy at a time and blame him for everything that goes wrong.

He has a passion for the latest news and for photographs of himself…. Very frequently he becomes so absorbed in the news or in his own photographs that he completely forgets the topic under discussion.

Almost everyone who has written about Hitler has commented on his rages. These are well known to all of his associates and they have learned to fear them…. [H]is behavior is still extremely violent and shows an utter lack of emotional control. In the worst rages he undoubtedly acts like a spoiled child who cannot have his own way and bangs his fists on the tables and walls. He scolds and shouts and stammers and on some occasions foaming saliva gathers in the corners of his mouth.

It must not be supposed, however, that these rages occur only when he is crossed on major issues. On the contrary, very insignificant matters might call out this reaction. In general they are brought on whenever anyone contradicts him, when there is unpleasant news for which he might feel responsible, when there is any skepticism concerning his judgment or when a situation arises in which his infallibility might be challenged or belittled.

We all know how he can say something one day and a few days later say the opposite, completely oblivious to his earlier statement. He does not only do this in connection with international affairs but also with his closest associates.

[H]e seems to lack any real sense of humor. He can never take a joke on himself.

That’s so totally Trump.

Hitler/Trump as he knows himself and Psychological analysis and reconstruction: These sections are devoted to a Freudian psychoanalytic view of Hitler’s personal life and history. It’s about his family, his youth, his military service in WW1, his rise to power, his relationships, and his sexuality and sexual proclivities. They’re full of Freudian concepts and interpretations (like “Unconsciously, all the [Oedipal] emotions he had once felt for his mother became transferred to Germany.”) and there’s a lot of focus on Hitler’s probable issues with childhood toilet training trauma. I mean, this was the early 1940s–Freud still wore the biggest hat in the field–so we have to expect this stuff. I suppose we could include Hitler’s alleged indulgence in urine play as a similarity with Trump, but I’m not sure that anybody’s particular kink is terribly relevant.

What MIGHT be relevant, though, is this observation by Langer:

Hitler’s outstanding defense mechanism is one commonly called projection…his own personal problems and conflicts were transferred from within himself to the external world where they assumed the proportions of racial and national conflicts.

We’ve all heard that every accusation made by Trump is also a confession. It’s interesting to read, to be sure, but while there are comparisons to be made with Trump’s personal life and history, the comparisons are rather generic.

Hitler’s/Trump’s probable behavior in the future: Langer outlined eight possible/probable scenarios for Hitler’s fall.

  1. He said Hitler might die of natural causes, but considered that a remote possibility. Given Trump’s diet and lack of exercise, this possibility is less remote in his case.
  2. Hitler might seek refuge in a neutral country. Langer also considered this to be extremely unlikely. Trump, who has property in other countries, might be more open to this.
  3. Hitler might get killed in battle. Langer thought this was a real possibility. He said it would be undesirable from the US point of view, since it would make Hitler a martyr. As for Trump, ain’t no way he’d martyr himself.
  4. Hitler might be assassinated. Langer felt Hitler was too well protected for this, and thought it would be undesirable–again, that martyrdom business. It also seems an unlikely scenario for Trump.
  5. Hitler may go insane. Langer meant more insane. Incapacitated by mental illness. Which could also happen to Trump, as his emotional defenses collapse.
  6. German military might revolt and seize him. Langer believed as Hitler’s behavior became more neurotic, a point might be reached where the military confined him. As for Trump, nobody in the MAGAverse has the courage to seize him.
  7. Hitler may fall into [the US military’s] hands. Yeah, no, doesn’t apply.
  8. Hitler might commit suicide. Langer said this was the most plausible outcome. And hey, that’s what Hitler did. I won’t comment further on this possibility.

Langer’s profile concluded with this comment:

[Hitler’s} mental condition will continue to deteriorate. He will fight as long as he can with any weapon or technique that can be conjured up to meet the emergency. The course he will follow will almost certainly be the one which seems to him to be the surest road to immortality and at the same time drag the world down in flames.

Again, that’s totally Trump. Willing to burn the entire combustible world in a fit of pique if he can’t get his way.

It’s weird and disturbing that Walter Langer, 80+ years ago, writing about a man “the world has come to know…for his insatiable greed for power, his ruthlessness, cruelty and utter lack-of feeling, his contempt for established institutions and his lack of moral restraints” seems to have provided us with some pretty solid insight into the psyche of Donald Trump.

chik chik chik chik

Guilty as charged in all thirty-four counts. Everybody has a take on this, of course. Most of those takes are focused on either Comrade Trump’s immediate future or the effect these convictions will have on the 2024 presidential election.

Take a step beyond that. Remember that this case–these 34 indictments–was the most complicated and weakest of the four sets of indictments Trump is/was facing. The prosecution had to convince a jury of ordinary people that 1) Trump knowingly falsified some business documents, and 2) he falsified them with the intent to commit another crime. That’s not as easy as it sounds. It’s fucking hard to prove intent, because intent takes place in the mind. In this case, the State was able to prove intent almost entirely because Trump’s malignant personality got in his way.

Trump’s other cases are much less complicated; the evidence in those cases is a lot more clear and easy to understand. The Georgia case has a fucking tape of him trying to strong-arm the Georgia Secretary of State to “find” votes that weren’t there, to “find” enough votes for Trump to claim he’d won that state. There’s SO MUCH clear, easily understood evidence in that case. The Florida documents case? Tons of evidence that he took them, denied he had them, refused to give them back, left them lying about unsecured in a goddamn golf club that was frequently visited by foreign agents, moved them around to make them harder to find, lied about moving them. Sure, the judge in that case is doing everything she can to kneecap the prosecution, but if it ever goes to trial, it’ll be pretty one-sided. The insurrection case has texts, recordings of phone calls, eyewitness testimony, and hours of video of assholes actually storming the goddamn capitol in an effort to stop the electoral college vote, not to mention hundreds of other participants already serving prison sentences.

Compared to those other sets of indictment, the NY indictments were like hieroglyphics. If a jury could figure them out and reach a verdict in the NY case, the other cases should be significantly easier.

chik chik chik chik

What this first case does is further erode the notion that Trump is untouchable. Trump has lost legal cases before, of course, but the last year was (I believe, I hope) the beginning of a cascading sequence of increasingly serious legal setbacks for Trump.

  1. In May of 2023 Trump was found legally liable for sexually abusing and defaming E. Jean Carroll; he was ordered to pay her US$5 million in damages.
  2. In July of that year, the judge acknowledged that the jury had found Trump raped Carroll, according to the common definition of the term.
  3. In January of this year, 2024, a second trial brought by Carroll as a result of Trump’s continued defamation awared her an additional $83.3 million in damages.
  4. In February, Trump (along with his sons and his company) was found to have committed years of fraud by lying about the worth of his various properties. He was fined $355 million.

What makes Trump so admirable to his cadre of MAGA fuckwits? His sense of invincibility. The notion that he can do whatever he wants, no matter how outrageous, and get by with it. Remember, this is the guy who bragged he could shoot somebody on 5th Avenue and not lose any votes. The guy who bragged he could grab women by the pussy because, “when you’re a star, they let you do it. You can do anything.” MAGA loves that shit.

That aura of invincibility is being shattered. Each of those cases exposes Trump as a loser. A consistent loser. Right now, of course, the MAGAverse is awash in bullshit patriotic pro-Trump rhetoric. Trump is raising funds calling himself a political prisoner. The congressional MAGA remora who’ve attached themselves to Trump continue to feed on his backwash. And on FreeRepublic they’re digitally shouting “Remember May 30th!” like the courtroom in lower Manhattan is the fucking Alamo. BUT…

But they know. They may not admit it to anybody, to themselves, but they know. In their secret hearts, they know Trump’s not really Trump anymore. He’s not what he was. He’s failing, he’s getting shoved around, he’s unable to defend himself, he’s weak.

That first domino was tapped. It took a while for the second to fall. Then the third. If you listen, you can hear it. That inevitable chik chik chik chik.

juries

Okay, long story.

Years ago, when I was a criminal defense investigator, I worked a bank robbery case. Our client had been charged with robbing a bank in a small New Hampshire town near the border of Massachusetts. It was a local bank, had been in that town for decades, the clients were all local folks. The bank was so small there were only two teller windows. So small, they’d never installed security cameras or security dividers at the teller windows. So small, they’d only just installed a drive through window.

Here’s what happened: guy comes into the bank shortly after it opens, says he has a gun, orders the tellers to empty their cash drawers into a bag. While they’re doing that, the guy is so nervous he pisses himself. They give him the cash, he leaves. Nobody sees him drive away.

The two tellers give the police a very basic description: the robber is maybe six feet tall, short curly dark hair, pale complexion, maybe some acne scars. No arrest is made.

A few weeks later, one of those tellers is working the new drive-through window. Guy drives up, makes a deposit, drives off. The teller says it’s the robber. The local police respond, chase him down, stop his car on the side of the road, order him out at gun point. He gets out, pisses himself. He’s maybe 5’10”, long straight dark hair, fair complexion, no acne scars. The tellers identify him as the robber. He’s arrested, charged with robbery, and taken to jail.

Another couple of weeks pass. Guy walks into the bank shortly after it opens, robs it, manages NOT to piss himself, takes the money, leaves, nobody sees him drive away. The two tellers report to the police saying it’s the same robber as before. The problem is, the guy they’d already arrested is sitting in a jail cell. The police eventually release him. No arrest is made in the second robbery.

Couple of months pass. Across the border in Massachusetts, police bust a couple of guys in a drug deal. Some of the money seized turns out to be from the first bank robbery. The guy holding the money is maybe five-eight, reddish hair, ruddy complexion, no acne scars. But he’s from NH and he’s got no solid alibi for the date and time of the robbery. The NH police charge him with bank robbery. The tellers identify him as the robber.

That was my client. When his lawyer and I interview him, he tells us he didn’t rob the bank and has an alibi he didn’t tell the police; he claims he was in Cape Cod when the bank robbery took place; he’d been there for a couple of days, selling drugs. He gives me some names of people who might confirm his alibi.

I spend a couple of days in and around Truro, talking to drug users. Some confirm the client was there for a few days, but deny buying drugs and can’t/won’t confirm the date (drug users are pretty shitty when it comes to keeping a calendar). Some deny seeing him or knowing him at all. But two guys admit buying drugs from him. They can confirm the date (they had friends from out of state visiting), and can confirm when and where they bought the drugs from (the friends wanted to visit a cemetery near where the dismembered bodies of the Cape Cod Vampire’s victims were found in the late 1960s; that’s where they arranged to meet the client). But, of course, they were very very reluctant to testify about it.

The defense attorney and client conferred. They decided to rely on the strong ID defense. After all, the tellers had already mistakenly identified a different guy once, and their description of the robber at the time of the crime didn’t match the client. They decided an alibi of “I was selling drugs to serial murder fans at the Cape Cod Vampire murder scene” wouldn’t help their already strong ID defense. Besides, Truro was only about three or four hours away from the small NH town; it would have been possible for the client to be selling drugs in Truro, drive to NH, rob a bank, and return to Truro to sell more drugs. And while a jury might wonder why a drug dealer would interrupt a successful drug dealing holiday on Cape Cod to drive 7-8 hours round trip to rob a bank of a few thousand dollars, the alibi seemed to raise more problems than it solved.

The case went to trial, and the jury voted to convict. The client was sentenced to 20 years for a bank robbery he (probably) didn’t commit.

The Jury — by John Morgan (1861)

Why am I telling you this? Because today, Judge Merchan will be instructing the jury in Comrade Trump’s election interference case. And because folks who know I’ve spent a lot of time in and around criminal courts have been asking me for an opinion about the outcome of this trial. Here’s my opinion: the evidence against Trump is solid and the defense case is weak.

But juries are fucking weird. No matter if the case presented by the prosecution or by the defense is solid, once the jurors close the doors and start deliberating, anything can happen. All it takes is one juror who thinks maybe Michael Cohen can’t be trusted (and let’s face it, Michael Cohen CAN’T be trusted, even if he’s telling the truth now) and the State’s case goes down the porcelain facility.

I generally disagree with folks who describe a jury trial as a crap shoot. The dice are usually loaded in the prosecution’s favor. But once the dice start bouncing around, they can bounce in bizarre, unpredictable directions. All we can do is wait.

I’m hoping they bounce toward guilty.

the way to end the genocide in Gaza is…

…not to vote in the 2024 election, I guess?

Well, that’s what some people seem to believe. I’m basing this on recent Bsky comments responding to my ‘voting is like taking a bus‘ analogy. Granted, the voting-bus analogy is flawed. Anytime you compare a thing to a different thing, the comparison will fall short, because (obviously) they are two separate things. Still, I think that analogy is/was useful in explaining WHY I’ll be grudgingly voting for Biden in the 2024 election. Here, briefly, is the analogy:

The U.S. government is a bus. The 2024 election is about who’ll drive the bus. If neither bus driver will take the bus directly to the place we want to be, it makes sense to choose the driver who’ll deliver us closest to where we want to be.

Several people on Bsky used the analogy to lament the choice of bus drivers and/or wish there was a better bus driver we could choose. Here are some of their responses:

— There are two buses that are driving toward hell at slightly different rates, I would like to turn around and take a bus away from hell
— If my desired destination required that the bus run over tens of thousands of innocent people to get me where I was going, I’d simply not ride that bus and find some other way to get there
— So if I want guaranteed healthcare, take the genocide bus, got it.
— why don’t we change the bus routes so the bus goes where people actually want to go instead of only going to the dump.

I don’t blame these folks. I’m not happy with the choices either, or with the system that limited our choices. Unfortunately, the system we have IS the system we have. It takes time to change an entire electoral system and, sadly, the only way to change it is by voting for people who’ll change the system (very few of which are running for national office).

For a lot of these folks, the solution is obvious. Don’t take the bus. Don’t vote. They argue that voting for Biden is essentially endorsing genocide. They say Biden’s support of genocide is so defining they can’t, in good conscience, vote for him.

These folks have an uncomfortably valid point. Here’s an exchange I had with one person:

Them: Here’s the problem with this analogy: The place I want to go is a free and safe Palestine. Not only is Biden going nowhere near there, it’s impossible to get there on one’s own.
Me: I would also like a free, safe, independent Palestine. Tell me, who should I vote for to get that? I’m willing to be convinced. Hell, I’m eager to be convinced.
Them: Neither. That’s the point.
Me: So your suggestion is…not to vote? Does that help anybody at all? Voting for either Biden or Trump–or not voting at all–isn’t going to help anybody in Gaza or the West Bank. For me, personally, there are other reasons to vote; friends & family who will suffer more under Trump. Yes, the lesser of 2 evils is still evil, but it’s less evil. I can settle for that.
Them: Well, many can’t. Either get Biden to change or deal with it.

A lot of these folks argue they’ll vote for the down ballot candidates–the members of the U.S. Congress, state legislators, local offices–but not for Biden as POTUS. But here’s the thing: POTUS sets foreign policy. Congress controls the budget, but the agenda for foreign relations is established by the president. If your primary concern is a safe, independent Palestinian state, your choices are limited to a guy who reluctantly contributed to genocide or a guy who enthusiastically endorses it.

Forget the bus analogy. Instead, think of the coming election like this: somebody is going to pound a nail through the foot of every Palestinian. You have a choice: a) a ten-penny nail, or b) a railroad spike. It’s an ugly choice. In a better world, we could choose between two leaders who want to teach Palestinians to dance. But we don’t live in that world. The best we can do right now is try to reduce the harm.

I’ll be voting for Joe Biden AND doing what I can to pressure him and Congress to stop the genocide. Yes, it’s contradictory. But Walt Whitman was right; we are large, we contain multitudes.

EDITORIAL NOTE: Biden is also significantly better than Trump on a number of issues, including the environment, labor, LGBTQ issues, voting rights, civil liberties, infrastructure, taxes, and a lot of other policy stuff. Still awful on his support for Netanyahu, but multitudes and all that.

we’re all on the bus

Voting. Think of it like public transportation. Think of it like a bus service. There’s a place you want/need to go to. But there’s no bus line that will take you directly to that place. So what do you do?

You take the bus that gets you closest to where you want to be.

For me, that bus is driven by Joe Biden. Yes, he’s old and believes that the institutions of democracy will save us. Yes, his role in aiding the Palestinian genocide and his actions in support of Netanyahu are unforgivable. I could provide a long list of his faults and flaws. But he’s also the bus driver that will get the bus closer to where I want this nation to be. It might only a few blocks closer, but closer is closer.

Trump, on the other hand, wants to take the bus in the opposite direction. A big chunk of the US population is in favor of that. There are also a few third party bus drivers who have plans for the bus, and they all have their supporters. But let’s be honest about that; no bus driven by a third party driver is going to leave the terminal. That’s just a fact.

Here’s a True Thing: you’re on the bus. Whether you like it or not, if you’re a US citizen, you’re on the bus. That gives you the right to vote to decide who’ll be driving it. But here’s another True Thing: your choices are basically limited to two old white guys: Biden or Trump. Sure, there are those third party folks out there who’d LIKE to drive the bus. Some of them might be much better bus drivers than either Biden or Trump. But the reality is, it’s going to be one of the two old white guys. That’s just another fact.

So what do you do if you don’t like those two old white guys? You can choose NOT to vote; you can forfeit your right to choose the bus driver. You can opt out. You can tell yourself there’s no difference between those two old white guys. You can claim they’re both awful, that one is only marginally less evil than the other. You can argue that less evil is still evil and you won’t vote for evil.

That’s fine. But you’re still on the bus, as are all your friends and family. If you opt out, you have to be willing to ignore the fact that less evil is still less evil. You have to ignore the fact that less evil is a better choice than more evil.

When there’s no direct route, you take the closest bus.

You also have the option to cast your vote for a bus driver other than Biden or Trump, one of those third party drivers. You can, in fact, choose to vote for the BEST POSSIBLE bus driver. You can tell yourself that voting for the BEST POSSIBLE bus driver–that voting your conscience–is absolutely the right thing to do, the moral and ethical thing to do. But you know the BEST POSSIBLE bus driver isn’t going to get enough votes to drive the bus. You know either Trump or Biden IS going to be driving the bus. No matter how much you hate knowing this, you still know it’s true.

In effect, voting for the BEST POSSIBLE bus driver is passively accepting whichever old white guy eventually wins. Whoever wins, you can tell yourself (and others) it’s not your fault. You can blame everybody else for not being wise enough to vote for the BEST POSSIBLE bus driver. You can’t be held responsible for the direction the bus takes. You can take comfort in that, if/when the bus goes in the wrong direction.

The bus isn’t going to wait. The bus is on a schedule. Come November, one of those two old white guys will be chosen to drive the bus in January of 2025. You can help choose which one. Or you can shrug it off.

It sucks. But here we are and there it is.

it’s not a ‘hush money’ trial

Jury selection for Comrade Donald Trump’s first criminal trial is scheduled to begin on the 15th. People and the news media (you’d think the ‘news media’ would be populated by ‘people’ but I swear, it’s more a collection of rabid ferrets tied up in a gunny sack) keep referring to it as “the hush money trial.”

There’s a good reason for that, of course. Trump did actually pay money to hush up a sleazy sexual episode. Three sleazy sexual episodes, in fact (the one-night stand with Stormy Daniels, the 9-month affair with Playboy model Karen McDougal, and Trump Tower doorman Dino Sajudin who claimed Trump fathered a child with a former employee). Hell, Trump’s probably paid hush money on multiple occasions to multiple people. This is a thing rich assholes do. Nobody is ever really surprised when rich assholes pay money to suppress their disreputable behavior.

But here’s the thing: the hush money isn’t the issue. The issues are: 1) how Trump paid the hush money and 2) how his attempts to hush up the way the hush money payments were made.

Does that sound confusing? Well, it kinda is. Here’s what happened (according to the prosecution, anyway). The various hush money payments were listed in Trump’s business records as a ‘legal expense’ payable to Michael Cohen (who, by the way, pled guilty to violating campaign finance laws, tax fraud, and bank fraud; he picked up a three year sentence in federal prison, fined US$50,000 fine, and was eventually disbarred from practicing law in the state of New York.). Shuffling the money through Cohen involved falsifying business records, which is only a misdemeanor UNLESS that falsifying is done to cover up another crime. That turns the misdemeanor into a felony. The other crime, in this case, is violating campaign finance laws. Trump is facing 34 felony counts in this trial.

It’s one thing for a rich asshole to dip into his pockets to pay a person money in order to hide his disreputable behavior. It’s one thing to pony up some of your own coin so your family and/or business acquaintances won’t find out that you’re a despicable creep. That’s just ordinary everyday sleazy rich asshole behavior.

It’s another thing altogether to dip into campaign pockets to pay a person money in order to suppress a story that would lead voters to believe you’re a despicable creep, which might make them decide not to vote for you.

Trump is being prosecuted for falsifying business records in order to disguise the fact that he used campaign money to suppress ugly stories that might hurt his chance of being elected to the highest political office in the United States.

Maybe the most horrible part of this trial is that Trump probably didn’t need to…well, do anything at all to hush up his bad behavior. His attorneys could argue that Trump’s supporters would vote for him even if he publicly admitted he’d cheated on his wife with a porn actor. I mean, this is the guy who bragged he could shoot somebody on 5th Avenue in New York City and not lose any votes. This is a guy who is EXPECTED to behave like a total asshole, and who regularly lives up to that expectation.

Trump: Yeah, that’s right, I cheated on my first wife with my second wife, and I cheated on my second wife with my third wife, and I cheated on my third wife with a porn star. I’ve cheated on everybody at every chance I got in every aspect of my life. Why shouldn’t I? You’d do it too if you thought you could get away with it. Vote for me!
MAGAverse: Hell yeah! We love his honesty! He’s just like us! We’d be total assholes too if we thought we could get away with it! Vote Trump! He’ll make America great for total assholes again!

That may be true, but it’s not a legit defense in a criminal matter. The victims in this case aren’t Stormy Daniels or Karen McDougal or the many voters Trump were lied to. The true victim is the electoral system itself, not the voters who use it.

The total asshole in question.

This isn’t a case of a rich total asshole paying hush money to salvage his reputation. It’s a case of a rich total asshole paying hush money to gank the electoral system—to gank it so he could gain access to power and influence. And hey, it worked. The motherfucker actually got himself elected (with the aid of a hostile foreign nation, Russia). And to nobody’s surprise, when he was faced with losing a second election, he tried to gank the system again. And almost succeeded.

Trump is still trying to gank the electoral system. The upcoming trial is the first real attempt to hold the motherfucker accountable.

EDITORIAL NOTE: I have a baseball cap with ITMFA on the front. It originally stood for Impeach the Motherfucker Already. And hey, they did impeach him. But it didn’t take. So then ITMFA stood for Impeach the Motherfucker Again. And they did. And it didn’t take. Then it stood for Indict the Motherfucker Already. And they did. Now ITMFA stands for Incarcerate the Motherfucker Already. (I reserve the right for the I to eventually stand for ‘incinerate’.)