in which I stray somewhat from the topic

Jeebus fuck a pumpkin, can you believe every single member of the Republican Party in the House of Representatives voted to open a formal ‘impeachment inquiry’ against President Uncle Joe? I mean, yes, of course you can believe it because the GOP is no longer a legitimate political party, and hasn’t been for years…but can you fucking believe it?

Sure, it’s entirely symbolic. Sure, it’s just performative politics. Sure, it doesn’t change a damned thing. Sure, we’re accustomed to this sort of Republican skullduggery. And sure…wait. Hold on a minute.

Okay, here’s a thing I just learned: there’s only one L in skulduggery. Who knew? Skulduggery, of course, is a term used to describe all manner of unscrupulous, underhanded, or dishonest behavior—which makes it appropriate for the GOP. Another thing I just learned: skulduggery has nothing whatsoever to do with skulls, which is both a relief and a wee bit disappointing.

The term apparently comes from an old Scots word, sculdudrie, which referred to a certain laxity in regard to chastity—which, coincidentally, also makes it applicable to the modern GOP. The term has been described as “a euphemism of uncertain origin,” although some etymologists seem to think it may have been used as a legal term of art in the early-to-mid 1800s. And let’s face it, considering how weird Scottish law has been throughout history, that wouldn’t be very surprising.

Remember, Scotland—and particularly Edinburgh—was one of the centers of anatomical study back at the time sculdudrie would have been used in law. Dissections of human bodies were often performed in front of an audience (I am NOT making this up) made up of medical students and interested members of the public. Scottish law limited the origin of cadavers used for medical research; they could only come from suicide victims, foundlings, orphans, or inmates who’d died in prison. When legal cadavers became scarce, anatomists began buying corpses from ‘resurrection men.’ Which is a nicer way of saying ‘grave robbers.’ Under Scottish law at the time, it was illegal to disturb a grave. And it was illegal to steal the possessions of the dead. But actually selling a dead body was perfectly legal.

You can see how this might lead to some skulduggery (even though it’s got nothing to do with skulls). In fact, that’s how the case of Burke and Hare got started. William Hare owned a lodging house in Edinburgh. When one of his lodgers died, he and a buddy, William Hare, sold the corpse to famed anatomist Robert Fox. Later, when another lodger became ill with a fever, Burke and Hare decided not to wait for her to die. They smothered her and sold her cadaver. In the end, they apparently supplied a total of sixteen fresh corpses to Dr. Fox.

Burke, Hare, and both their wives (who were at least aware of their crimes) were arrested. Hare agreed to testify against Burke in exchange for immunity from prosecution. And since Scottish law prevented him from testifying against his wife, the case against her was dismissed. Burke was found guilty at trial. The verdict against his common-law wife was ‘not proven’ which is another weird aspect of Scottish law; it’s a verdict that basically says “Yeah, we know you did it, but the State didn’t prove it, so off you go.”

Burke was hanged and his body was given to an anatomist and was dissected in front of an audience. His skeleton is on display (I swear I am NOT making this up) at the Anatomical Museum of the University of Edinburgh Medical School.

Uh…I seem to have gone off on a slight tangent. It wouldn’t be very difficult to find a way to compare the GOP to Burke and Hare or to compare the absurd impeachment ‘inquiry’ to grave robbery. Hell, I could even find a way to compare the public dissection of William Burke to the trial of Donald Trump, since both of those motherfuckers deserve to be flayed in front of an audience. But I think I’ve probably tried your patience long enough.

monday monday

It’s the first Monday in October, which means the Supreme Court of the United States is back in session. Although it’s not officially on their agenda, SCOTUS-watchers (which, I just want to say, aren’t nearly as cool as the Watchers that kept track of Highlander immortals or Buffy-era Slayers–now those folks had style) say the Court has to wrestle with this crisis-level problem: How to convince the public that the justices take seriously their ethical obligations.

The answer to which, of course, is completely fucking obvious. SCOTUS needs to actually take their ethical obligations seriously. Not just try to convince the public they’re doing that; they actually need to DO that. But that would mean chucking Clarence Thomas out on his ass. And probably Sam Alito too. And maybe finally investigate where their boy Brett K got the coin to pay off all his debts before his SCOTUS nomination process. So yeah, ain’t gonna happen.

But at least the government is still operating. Well, operating after a fashion. I mean, most of us expected to see Congress implode and a whole lot of government functions to stop this morning. Why? Because a dozen or so Republicans are acting like monkeys trying to fuck beach balls. The monkeyfucking cadre has even annoyed some of the less rabid Republicans. Don Bacon of Nebraska said, “We’re tired of fucking around with these whack jobs.”

We all are, Don. We’re all tired of them.

The fact that Congress managed to avoid stepping on a rake is seen as a sort of victory, although it’s not clear for whom. I mean, we’ll have to go through this same bullshit again in a couple of months. It’s not a victory for Kevin McCarthy, who is now solidly in the cross hairs of the monkeyfucking cadre. Matt Gaetz (Jesus suffering fuck, I still can’t believe this bouffant fuckwit is actually a sitting Member of Congress) has said publicly that nobody trusts McCarthy. Gaetz says he intends to press a Congressional motion to boot McCarthy directly in the balls (well, remove him from the Speaker’s position, which is much the same thing).

What’s interesting, though, is the anti-monkeyfuckers are murmuring about possibly expelling Gaetz IF he follows through on his attempt to kick McCarthy in the balls and IF the ongoing Ethics Committee investigation into Gaetz (for being corrupt and doing drugs and getting horizontal with underage girls) finds he probably did all the awful shit everybody thinks he did. One anonymous Republican is reported (by FOX News, if that matters) as saying this about Gaetz: “No one can stand him at this point. A smart guy without morals.”

Nobody trusts McCarthy, nobody can stand Gaetz, and neither of them has any morals at all.

“You let me be Speaker of the House and I’ll supply you with beach balls.”

Speaking of somebody without morals who nobody can stand, Comrade Trump’s civil fraud trial begins today in New York City. It’s a bench trial rather than a jury trial, so it should be wrapped up pretty quickly. I mean, the judge has already ruled that the Trump Organization deffo committed fraud. He also revoked Trump’s New York business licenses, which will likely mean Trump will lose control over dozens of New York properties. Essentially, the trial is to determine how big a fine Trump will pay. The prosecutor is asking for US$250 million. A quarter of a billion here, a quarter of a billion there…it adds up..

By the way, Trump says he’ll testify if called. Yeah, I’m just going to leave that there.

So it’s going to be an ugly few weeks for Republicans. And rightly so. You know, among all the truly awful things the GOP has done in the last couple of decades, one of the worst things is they’ve changed us. By ‘us’ I basically mean people who prefer to be kind and considerate to other folks, even if we disagree with them. People who didn’t take pleasure in seeing other people suffer. The GOP has changed us into people who viscerally enjoy watching MAGA Republicans go at each other like rabid sewer rats.

I don’t like this about myself, but I WANT to see the GOP destroyed. I WANT to see McCarthy lose his Speaker position, I WANT to see Gaetz expelled from the Republican Party, I WANT to see Comrade Trump lose his businesses and his money and his freedom. I WANT to see him convicted and imprisoned. I don’t just want those things to happen; I want to WITNESS them. I want to see them humiliated, afraid, defeated, and lost.

I don’t like that about myself, but there it is. I’ve let those monkeyfuckers change me. I’ll never forgive them for that.

trump road

So, we’re all asking the same question: what happens when this arrogant, mendacious, belligerent, reckless sonofabitch violates his…wait. I’m getting ahead of myself.

I’m talking about Comrade Donald J. Trump, of course. On Thursday, he’ll be arrested for the fourth time. But this time it’s different. It’s different because this time it’s a state case–a case brought against him by the State of Georgia. All the other arrests have been for federal crimes–crimes against the United States of America. It’s also different because this time Trump won’t be released on his own recognizance. This time he’ll have to post bail before he can walk out the door. Cash bail is a tool used to make sure the defendant will show up for trial. Trump’s bail has been set at US$200,000.

Of course, he’ll only have to post 10% of that amount. But even if he posted the full amount, it’s not nearly enough to ensure he’ll show up for trial. Two hundred grand is chump change to Trump. The money is pretty much irrelevant.

But here’s the thing about bail: it has conditions. If the defendant violates those conditions, bail can be revoked. If bail is revoked, the state not only gets to collect and keep the amount of the bail, the defendant (usually) loses his freedom. He goes to jail to await trial.

One of the conditions for Trump’s release is:

The Defendant shall perform no act to intimidate any person known to him or her to be a codefendant or witness in this case or to otherwise obstruct the administration of justice.

The bail agreement gets pretty specific about this. It states Trump shall “make no direct or indirect threat of any nature” against any codefendant, against any witness, against any victim, or against the community or to any property in the community. These direct/indirect threats include:

…posts on social media or reposts of posts made by another individual on social media.

We all know Trump will almost certainly violate this agreement. We all know he’s got the impulse control of a spoiled five-year-old. We also all know he believes he can violate the agreement and get away with it. He’s already lying about the conditions of his bail, and it hasn’t even been imposed yet. We all know Trump will push it as far as he can. If he gets away with it, he’ll push more. If he doesn’t get away with it, he’ll claim he’s a victim of persecution.

Which brings me back to my original question. What happens when this arrogant, mendacious, belligerent, reckless sonofabitch violates his bail? And yeah, it’s a question of when, not if. Will he get a warning? How many warnings will he get (because we all know he’ll ignore any warning)? Will he be put under house arrest? Will his access to social media be curtailed? If so, will the same social media restrictions be placed on his lawyers? Or will his lawyers be able to post what Trump wants them to say on social media? Will Trump get his ass tossed in jail to await trial?

I have to admit, I don’t have a fucking clue what’s going to happen. I know what would happen to anybody else in that situation. But Trump has proven time after time that he’s NOT anybody else. And, to be fair (I fucking HATE being fair to Trump), he’s right. He’s NOT just anybody. He’s a former President of the United States. AND he’s a candidate for that office again.

The judge, Tanya Chutkan, has said, “[T]he existence of a political campaign is not going to have any bearing on my decision other than, you know, any other lawyer coming before me saying that my client needs to be able to do his job.” That’s like a shopkeeper in Pompeii saying, “Mount Vesuvius isn’t going to have any bearing on my decision to open up my vegetable market.” It’s nice in theory, but in practice…? Well. we’ll see.

Judge Chutkan will formally set bail on Thursday. We should know by mid-day Monday how she’ll respond to Trump violating the agreement. Whatever takes place, we can be sure it’ll make everything worse. That’s what happens when you travel down Trump Road.

better than trump

There are days when I’ll do almost anything to avoid doing the stuff I know I should be doing. I’m telling you this to explain why I decided to once again visit the fever swamps of FreeRepublic. I used to do this once a week in order to have some idea what current topic had enraged extreme right-wing nutjobs. Over time, however, I found it increasingly difficult to stomach the irrational hate. Now I peek in on FreeRepublic many once a month. Maybe.

This morning there was a lot of…oh, let’s call it ‘discussion’ about an editorial in the NY Post. The editorial (and no, I’m not going to provide a link to it) was entitled:

Biden is a disaster — which is why we need someone better than Trump to beat him.

I figured that whole ‘someone better than Trump’ bit would get a lot of Freep readers up on their hind legs. And I was right. Here’s a representative sample of comments:

  • Trump or no one.
    by kenmcg
  • If Trump isn’t the nominee, there is no GOP.
    by anton
  • January 6 was a national travesty…”
    No, it wasn’t. It was just a start on righting the egregious theft of an election.
    by Fester Chugabrew
  • I’ll write in Trump if I have to. No one else.
    by ClearCase_guy
  • Trump neither tried to overturn the stolen election nor did he take any classified documents.
    by escapefromboston
  • January 6 was a national travesty, and [Trump] is to blame for it.
    What happened at the capitol on Jan 6 was orchestrated and executed by the leftist deep-state FBI. The only thing Trump has to do with it is that deep state idiots like you are trying to blame him.
    by nagant
  • I am not voting Republican.
    I am voting Trump.
    by aMorePerfectUnion
  • Trump tried to overturn an election” – what BS. The election was STOLEN from him…Biden overturned an election and got away with it with help from people like Murdoch,
    He took classified documents”. Do they really think we’re so uneducated that we don’t know about the Presidential Records Act and the fact that Trump along with previous POTUS as well as FJB, and apparently even Pence kept records – the last 2 who weren’t even POTUS?
    What a bunch of CRAP!
    by Aria
  • Such ignorance. If there were one better than Trump, Trump would not be leading the field.
    by Lou Foxwell
  • EVIL women will vote to KILL MORE BABIES BEFORE they would vote for someone who will make it cheaper to feed the ones they don’t kill!
    by Ann Archy
  • Other than DJT Repubs want to act nice and follow the rules. We need to Annihilate the dems. The are worthy of the death they want to impose on others.
    by Singermom
  • I’ll just write Trump in, go Independent or just stay home.
    I long since have had it these lying phony Republicans and their fraudulent charade. They’ve hoodwinked millions.
    And whatever happens, when the Trump era comes to an end, so will the Republican party.
    by dragnet2
(Illustration by Émile-Antoine Bayard)

These people have drunk deep from the Trump potion; they’ve become spider-brained. They are somehow convinced–absolutely certain–that everybody but Trump is corrupt. They are completely confident that the only thing keeping Trump from being a phenomenally successful president is a global conspiracy involving every national and international security agency, all of whom are coordinating to…do something…in order to prevent Trump from…also something.

But I’m inclined to agree with dragnet2. When the Trump era ends, so will the Republican Party. In fact, I’m inclined to argue there IS NO Republican Party anymore, and hasn’t been since Trump was first nominated to run for president. There is no general ideological center; no commonly agreed-upon political principle, no unifying doctrine. There is only Trump.

Editorial Note: A reminder that we need to destroy the patriarchy. Smash it into a thousand pieces, then gather those pieces and set them on fire. Sweep up the ashes, dump them in a pit, piss on them, then bury it all. Cover the pit with asphalt, cover the asphalt with concrete, on which we should build a library. A privately-owned library that’s open to the entire public, so nobody can ban any books. A library with a coffee shop.

the mayans predicted this

Jack Smith: Donald J. Trump defrauded the United States by conspiring to impede and obstruct the collecting, counting…
Trump Lawyer: Free speech!
Jack Smith: …and certifying of votes in the presidential election…wait. What?
Trump Lawyer: Free speech! There’s nothing illegal about saying the election was stollen!
Jack Smith: ‘Stollen’ isn’t even a word. But we can show the defendant knowingly conspired with…
Trump Lawyer: He genuinely believed the election was stollen!
Jack Smith: …others to create the false…wait. It doesn’t matter if he genuinely believed it. If you genuinely believe you own the gold in Fort Knox, it’s still a crime to try to take it. Belief isn’t…

The Arraignment of Donald J. Trump, Citizen

Trump Lawyer: All he did was talk! He didn’t DO anything! You can’t criminalize speech!
Jack Smith: …a ‘Get out of Jail Free’ card, its…wait. No. It’s NOT just speech. You can’t go into a liquor store and say, “Give me all your money” and claim it’s just speech. You can’t…
Trump Lawyer: What about Hunter Biden! He committed a thousand crimes with his laptop!
Jack Smith: …claim you were…wait. Hunter Biden has nothing to do with this case. There are SO MANY things wrong with that, including…
Trump Lawyer: He was just following the advice of his lawyers! It’s not Trump’s fault if he was given bad advice!
Jack Smith: …the fact that this so-called laptop…wait. No. No, that’s stupid. If your lawyer tells you to commit a crime and you commit that crime, it’s still a goddamn crime. Can we get back to the indictment now? The defendant…
Trump Lawyer: Andrew Jackson did the same thing when he was president!
Jack Smith: …attempted to illegally overturn…wait? What? What?
Trump Lawyer: During the Spanish-American War in 1895 Andrew Jackson suspended an election in Arkansas!
Jack Smith: I don’t even know where to start. Jesus suffering fuck. Andrew Jackson wasn’t even alive in 1895 and the Spanish-American war was in…no, damn it. This has nothing to do with…
Trump Lawyer: The Mayans of Peru predicted this back in the 14th century!
Jack Smith: …the criminal conspiracy to…wait. What the fuck? Mayans? Of Peru?
Trump Lawyer: The Jews of the Nine Universes have always had it in for my client!
Jack Smith: I…I…uh…
Trump Lawyer: Your Honor, the defense rests.

all i can do is ask the question

Hey, you guys! Remember five years ago today? Comrade Donald Trump and Vlad Putin got to hang out together privately for a couple of hours–no aides, no note-takers, just Trump and Putin and their respective interpreters. Just a couple of guys, kicking back, kidding around, bullshitting, having fun.

Afterwards, they held a press conference, during which a reporter from the Associated Press, Jonathan Lemire, asked the following question of Trump:

“Dude, Putin says he didn’t have nothing to do with the election interference in 2016. But every U.S. intelligence agency–and I mean every goddamn one of them–says Russia did. So, my question for you sir is, who do you believe?”

That may not be an exact quote. But here’s what Trump said in response:

“[A]ll I can do is ask the question. My people came to me, Dan Coats, came to me and some others they said they think it’s Russia. I have President Putin. He just said it’s not Russia. I will say this: I don’t see any reason why it would be.”

Which was pretty goddamn lame, really. We all saw Trump shuffling into the press conference looking like he’d been whipped out back behind the garden shed (and not in a fun way). It was either an incredibly pathetic display of craven spinelessness OR a staggeringly stupid level of gullibility. Right? I mean, imagine…

Lord Eddard Stark: “All I can do is ask the question. My people came to me, they said they think it’s Lannisters causing all the fuss. I have Tywin Lannister; he just said it’s not his people. I will say this: I don’t see any reason why it would be.”

Elliot Ness: All I can do is ask the question. My people came to me, they said they think it’s Capone’s mob smuggling liquor. I have Capone; he just said it’s not his mob. I will say this: I don’t see any reason why it would be.

Janet Leigh: All I can do is ask the question. People came to me, they said I should think twice before taking a shower in this creepy motel. I have Norman Bates, the proprietor of this fine roadside establishment; he just said there’s no reason NOT to take a shower. I will say this: I don’t see any reason why there would be.

Miss Elizabeth Bennett: All I can do is ask the question. That dreadful Mr. Darcy came to me, claiming Dear Mr. Wickham, whose manners are above reproach, is a cad and, dare I say it, a bounder and should not be trusted to keep company with my sister. I have Wickham; he assures me most passionately he is nothing of the sort and has only the purest and most honorable intentions toward sweet, foolish Lydia. I will say this: I see no reason why he should be denied entry to the dance.

Jim Hawkins: All I can do is ask the question. People came to me and some say they think Long John Silver is a pirate and potentiallyy a mutineer. I have Mr. Silver, who despite his severe disabilty has demonstrated a long career as a sailor. He said he is unaware of any treasure map has no plans to mutiny. I will say this: I don’t see any reason why he should.

John McClane: All I can do is ask the question. My people came to me and suggested Hans Gruber might be a terrorist. Others said he may simply be a greedy motherfucker acting under the guise of a radical political agenda. I have Harry Ellis, who actually works in Nakatomi Plaza, he says I should listen to what Hans has to say. I don’t see any reason not to listen.

ask the questions, get the answers

Here’s what I think (at this particular moment) will happen: the current case Comrade Trump is facing–the documents case–won’t go to trial. I suspect his lawyers will convince him to try to work out some sort of plea arrangement.

I say that because…wait. Just to be clear, I am NOT a lawyer. I’ve banged around the US criminal justice system for many years and I’ve seen a lot of legal/criminal stuff, but I haven’t been to law school and there’s a LOT of stuff I don’t understand.

Okay, that’s out of the way. I say this case won’t go to trial for a very simple reason: I don’t see any defense to the charges. You can read the indictment yourself, but in very simple terms, Comrade Trump is accused of a) hanging on to documents he wasn’t legally allowed to have in his possession, b) lying about having those documents, c) hiding those documents from the people looking for them, d) getting other folks to lie about those documents, and e) getting other folks to help hide them.

If the facts are against you, bang on the law. If the law is against you, bang on the facts. If the facts and the law are against you, bang on the table.

So the case comes down to some pretty simple questions and answers. So let’s ask the questions and get the answers.

  1. Was Trump authorized to have possession of those documents? Nope.
  2. Did he have possession of them? Yep.
  3. Did he have reason to believe those documents ‘could be used to the injury of the United States or to the advantage of any foreign nation’? Yep.
  4. Was he asked to return them? Yep.
  5. Did he return them? Yes, some of them. And he hasn’t been charged in regard to those particular documents.
  6. Did he return all of them? Nope.
  7. Did he lie about returning all of them? Yep.
  8. Did he get other folks to lie about returning all of them? Yep.
  9. Did he hide them from the folks who were trying to find them? Yep.
  10. Did he get other folks to help him hide them? Yep

The only question that MIGHT be in dispute is that first one. Comrade Trump claims the Presidential Records Act authorized him to keep those documents. Does it? Nope. This is what the Act says:

Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President.

The moment Trump ceased to be POTUS and President Uncle Joe took over, Trump lost custody and control of his presidential authority over the records. Claiming the Presidential Records Act can be interpreted differently is a weak argument, but Trump’s lawyers apparently intend to offer it in court–and with Judge Cannon presiding, it may be allowed.

But will it work? Will a jury buy it? Highly unlikely. Why? Because the National Archives repeatedly TOLD Trump IN WRITING about his legal obligation to surrender control over his records. They repeatedly asked him to return documents he’d retained illegally, and gave him multiple opportunities to do so. The fact that he DID return some but still chose NOT to return others is evidence that he understood what the National Archives repeatedly told him–that he wasn’t authorized to keep those fucking documents.

But he kept them anyway.

So as far as I can see (and, again, I’m NOT a lawyer), Comrade Trump’s ONLY defense is that he was too fucking stupid to understand the repeated warnings given to him and his lawyers about returning classified documents EVEN THOUGH he understood it enough to return some of them.

If that’s the only defense he’s got, Trump’s choices are limited. Either go to trial and hope like hell for a MAGA-infected juror who’ll vote to acquit despite the evidence OR come to some sort of plea arrangement. He might offer to plead guilty to a lesser offense in exchange for…something. No prison time, probably. Maybe in exchange for not being indicted on a Seditious Conspiracy charge in the January 6th insurrection.

I’m not saying I LIKE this as a result. I’m just saying I think this is what’s going to happen.

Obviously, Trump won’t enter into a plea negotiation soon. He’ll delay it as long as possible, as long as he can continue to raise funds off his pending trial. But eventually, in my opinion, he and his lawyers will start talking about a plea arrangement. The case against him is just too strong.

equal justice under the law

Harold T. Martin was commissioned as a Surface Warfare Officer in the US Navy; he served from 1987 to 2000, and was deployed during Operation Desert Storm. After being honorably discharged from active duty, he obtained a Master’s degree in Information Services. His education and military service allowed him to move into the defense industry, and he worked for a variety of defense contractor corporations.

As a naval officer, Martin had been cleared to access classified information and he retained his clearance as he worked his way through the defense industry. Each successive position granted him access to even more classified information. By 2012, Martin was working with the elite Tailored Access Operations unit of the National Security Agency (NSA). That unit was designed to create ways to secretly hack into computer systems (rather than individual units).

Harold T. Martin’s mugshot

At some point in his career, Martin began to acquire sensitive secret information, which he brought home with him. He took materials from the Central Intelligence Agency, the National Security Agency, the United States Cyber Command, the Department of Defense, and the National Reconnaissance Office. He kept the material in an unsecured shed on his property.

Martin was arrested in 2016 and charged with Willful Retention of National Defense Information under the Espionage Act. According to prosecutors, Martin apparently never did anything with the information he stole; he didn’t offer them for sale, he didn’t show them to anybody. In fact, prosecutors believed he’d never even accessed any of the files he stole from government facilities. He simply hoarded them. It was, apparently, compulsive behavior.

In 2019, Martin was sentenced to nine years in prison.

Today Comrade Former President Donald Trump is being arraigned in federal court. Like Martin, Trump is accused of multiple counts of Willful Retention of National Defense Information. Like Martin, he took information he wasn’t allowed to take from multiple security services. Unlike Martin, Trump avoided military service. Unlike Martin, Trump allegedly showed classified information to people who weren’t classified to see it. Unlike Martin, who was incarcerated for three years before his trial, Trump has been free on his own recognizance.

It remains to be seen if Trump, like Martin, will be held accountable for his crimes.