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.

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.

pick a side

We all knew this was coming. I wrote about it back in August of last year. Now it’s official. Comrade Trump has been indicted, formally accused of violating the national security laws he was sworn to protect.

There’s already a fuck-ton of bullshit being hurled at great force into various social media and news outlets. Some of that bullshit is important; most isn’t. Even though the indictments are sealed at present, we can make a fairly accurate guess at what’s in them. Here’s the thing: down at the bone, this is a pretty simple criminal case.

I’m going to make a terribly flawed analogy here. I’m telling you up front that it’s a flawed analogy, so don’t wast time telling me it’s a flawed analogy. It’s flawed, but it’s still pretty accurate. Right, here we go.

Let’s say you got fired from your job as a…I don’t know, a warehouse worker. You got fired, so when he left on your last day, you also decided to take the forklift you drove at the warehouse. The warehouse manager calls you, says, “Dude, that wasn’t your forklift. We need that forklift back.” You say, “Forklift? What forklift?” The manager says, “You were seen driving away in the forklift and hey, it’s parked outside your garage right now. It’s got the warehouse logo on it. We want it back, please.” You remove the logo from the forklift, park the forklift inside the garage, and send the manager the logo with a note saying, “There you go.” The manager says, “Yeah, no. We want the whole forklift. C’mon, dude.” You say, “It’s my forklift; we bonded during the months we worked together.” The manager says, “Just give us the goddamn forklift. We don’t want to send the cops.” You say, “Okay, I’ll give you the forklift.” You don’t give them the forklift. The manager loses patience and sends the cops. The cops find the forklift in your garage; parts of it are missing. You claim you have no idea how the forklift got into your garage and no idea what happened to those missing parts.

Then you ask to be rehired for your job at the warehouse.

It’s a flawed analogy, but it’s still basically accurate. Trump took shit that didn’t belong to him — shit that put our national security at risk, shit that has very likely caused intelligence agents and assets in China and Iran to flee or, in some cases, to be captured and killed. He refused to return that shit when asked. He eventually gave some shit back, but kept other shit. He lied about having that other shit, both to the government and even to his own lawyers. Later he claimed the shit belonged to him. Now some of that shit is missing.

Again, the basic facts are simple and easy to understand. The implications, however, are neither simple nor easily understood. I’m talking about the political implications, and the social implications, and the national security implications.

There’s a thing called graymail. It’s like blackmail for spies. How does the government accuse somebody of illegally handling secret documents when the documents are secret? Graymail involves a person accused of mishandling (or stealing) secret information threatening to reveal the contents of those secrets in open court if they’re brought to trial.

You know Trump will try to graymail his way out of this. And he’ll succeed, at least in part. We’ll never hear about the very worst things he’s probably done, because it would reveal national security issues.

But there’s good news — or something like good news. Some of the secret material Trump stole will be low level intel that the government is willing to burn in order to get a conviction. The punishment for mishandling a low level secret document is the same as mishandling a really critically important document.

At this point, some 12-14 hours after we learned about the indictments, we’re mostly operating on assumptions. We’re told there will be seven indictments and we assume that’s true. We can make some intelligent guesses about the actual crimes Trump is being charged with, but we don’t actually know. We have no idea how many counts of each indictment–how many separate acts are being charged.

All we have at the moment are broad outlines based on widely reported facts. But we do know this: The indictments will be labeled The United States of America v. Donald J. Trump.

And there it is. The United States versus Trump. Pick a side.

fox news bullshit

I’m something of a news junkie. Every morning, first thing, I read the news (well, among the first things–I mean, there’s coffee to be made and all that). I want to know what’s happening in the world. And that brings me to Filipino journalist Maria Ressa, who said this:

“If you don’t have facts, you can’t have truth. If you don’t have truth, you can’t have trust. Without these three, we have no shared reality. We can’t solve any problems. We have no democracy.”

This is pretty basic stuff. A society ought to be able to trust news journalists to present reliable facts. Beyond that, we ought to be able to trust news commentators to present opinions they actually hold. We should be able to assume that any person employed to present facts or opinions are NOT LYING.

And that brings me to this: tomorrow is the first day of the trial in the defamation lawsuit brought against Fox News by Dominion Voting Systems. Dominion is suing Fox News for allowing its commentators to tell lies about them. This is a big deal.

Look, we all know Fox News is bullshit. We all know the evening commentators act as the propaganda arm of the Republican Party. We all know Fox News ‘personalities’ like Maria Bartiromo, Tucker Carlson, Lou Dobbs, Jeanine Piro, and Sean Hannity aren’t journalists; Fox lawyers have admitted as much in court. But this case isn’t really about journalism. It’s about defamation.

Defamation is false information that harms the reputation of a person, business, or organization. Fox News commentators spent a big chunk of time after the 2020 election claiming that Dominion Voting Systems 1) was deeply involved in election fraud, 2) had developed an algorithm that somehow rigged vote counts, 3) was owned by a company founded in Venezuela to rig elections (for socialist dictator Hugo Chávez–seriously, I’m NOT making that up), and also 4) paid kickbacks to government officials.

Guess what? That was all bullshit. Also guess what? The people spreading that bullshit KNEW it was bullshit when they spread it. The judge in the case, Eric M. Davis, in pre-trial hearings, has already stated that those claims were all total bullshit (although, to be fair, he didn’t actually use the term ‘bullshit’). He wrote that it was “crystal clear that none of the statements relating to Dominion about the 2020 election are true.”

But wait, there’s more. Because it’s all bullshit, Judge Davis has also ruled that Fox News can’t argue their ‘contributors’ were simply covering the news (because bullshit ain’t legit news). He further ruled that Fox can’t argue the bullshit could be considered the First Amendment-protected opinions, because there’s plenty of pre-trial evidence demonstrating the hosts KNEW it was bullshit and they didn’t believe it themselves.

So cased closed, right? Fox News loses, right? Dominion wins, right?

Well, yes and no. The jury will have to listen to all the dreary facts; they’ll have to listen to the Fox News commentators testify under oath that they knew they were lying to their viewers (and reader, that testimony is going to be as sweet as Tupelo honey). And THEN the real meat of the case will be presented.

Just to be clear, let me say this again: there’s NO QUESTION that the Fox News commentators were lying sacks of shit. That’s not even at issue. What’s at issue is this: Damages. The jury has to decide if Fox News, by lying and spreading bullshit about Dominion Voting Systems, caused severe damage to the company’s reputation. IF they find Dominion was damaged, then the jury has to decide whether the damage was the result of actual malice.

Actual malice is a legal term of art. Back in 1964, in the case of New York Times Co. v. Sullivan, SCOTUS defined actual malice as a statement made “with knowledge that it was false or with reckless disregard of whether it was false or not.” That matters because this is where it all comes down to money.

There are two types of civil damages: compensatory and punitive. Compensatory damages are intended to help the victim; punitive damages, obviously, are intended to punish the offender.

Assuming the jury finds Fox News liable (which ought to be a safe assumption, but you never know when a jury is involved), they’ll first have to decide how much Fox should pay Dominion to compensate for the damage to their business. Then they’ll have to decide if Fox News should be punished financially for deliberately spreading bullshit to the public, and if so, how much.

And that brings us back once again to Maria Ressa. Because Fox News wasn’t just harming Dominion Voting Systems; they were–and still are–harming representative democracy. They’re harming this entire nation. If you don’t have facts, you can’t have truth. If you don’t have truth, you can’t have trust. If you lack trust and truth and facts, you can’t solve society’s problems and you can’t have representative democracy. If you allow a major media platform to deliberately and knowingly spread lies and bullshit to a wide audience, you shred the fabric of society.

And that’s really hard to mend. Compensation for the damage done isn’t enough; punishment is necessary.

not concerned

I actually have appointments and things scheduled today, which is a rarity. But I wanted to say one thing about Comrade Trump’s indictment(s). No, that’s not true; there are a LOT of things I want to say about it, but I’m going to restrain myself because of all that appointment stuff. This is what I want to say:

I’m not concerned that the indictment(s) will spark violence.

I say that for a couple of reasons. First, this is happening in Manhattan. Trump is not generally popular in New York City. There will likely be angry people who show up in front of Trump Tower or at the DA’s office and raise a fuss, but it’s highly unlikely there’ll be any sort of serious violent confrontation. This isn’t like DC on January 6th. Even if MAGA fuckwits wanted to pull something on that order, the urban geography isn’t in their favor. It’s easier for police to kettle protesters in city streets. And the logistics of a large scale protest are a lot more daunting; MAGA fuckwits would have to arrange travel to NYC, and find a place to stay (hotels in NYC aren’t cheap), and figure out the subway system, and they’d have to do it quickly (unlike 1/6, in which Trump gave them plenty of notice). Large scale violence just isn’t as feasible in these circumstances.

Second, this is about money paid to a porn star to prevent her from exposing the fact that Trump cheated on his third wife who’d just delivered their baby. It’s a lot harder for MAGA fuckwits to justify violence and a possible jail sentence to support a president’s right to betray his marriage and pay hush money to porn stars. It’s a lot harder for conservative Christians to support violence to help a serial philanderer’s attempt to cover up yet another sexual affair. The Lord trieth the righteous: but the wicked and him that loveth violence his soul hateth and all that. (If I have to quote the Bible, I’ll always go with the King James version; it rumbles so well.)

The arrest we’ve all been waiting for.

Had any of the other crimes for which Trump is being investigated issued the first set of indictments, I’d be more concerned about violence. Those crimes are a lot more serious. Paying off porn stars is just tacky and sleazy.

And now I think of it, there’s a third reason large scale violence is unlikely. Trump has admitted he did it. He may deny (while not under oath) that he had sex with Stormy Daniels, but he’s admitted he paid her off. He has justified it as a business expense; cheaper to pay her off than to sue her for libel. It’s a variation of the What Happens in Vegas defense.

I could be wrong, of course. I mean, I was absolutely certain there was no way Trump would ever be elected president, so my track record is questionable. My assumption that there won’t be any large scale violence as a result of the indictment(s) may just be wishful thinking. Nonetheless, I find it hard to believe that there will be enough outrage even among hardcore MAGA fuckwits to get them to visit New York City and engage in street violence to defend Trump’s right to hand out cash to porn stars to keep them quiet about his sordid habit of cheating on his multiple wives.

club-headed

A statistically significant number of US citizens have completely lost their fucking minds. It’s perfectly reasonable to think of them as victims of Cordyseps MAGA. For the few remaining people who haven’t either played the game or watched the HBO series The Last of Us, cordyseps is the mutated endoparasitoid fungus that turns humans into hideous zombies (which, now I think of it, is redundant; there are no attractive zombies, are there).

Although it’s just a plot device in The Last of Us, cordyceps is real. In fact, there are several hundred different cordyseps species. A small number of them are parasitoids actually capable of affecting the host insect’s (yeah, it’s limited to insects) decision-making and behavior control mechanisms. Making them zombies, in other words. One of the behavioral changes caused by that form of cordyceps they become increasingly careless, which makes the host insect vulnerable to predators. When the parasite-ridden victim is consumed by a predator, the cordyceps fungus starts feeding on the new host, allowing the fungus to spread even wider.

Post-mortem cordyseps-infested fruit fly (photo by faiz b.)

Cordyceps is a useful analogy for explaining the club-headed MAGA fuckwits who…wait. Damn it. Tangent Alert! Cordyseps comes from the Greek term kordýlē, meaning ‘club’ and the Latin suffix -ceps, meaning ‘–headed’. So basically, cordyceps means ‘club-headed.’

Right, back to the analogy. This is similar to what happened with the sort of club-headed MAGA fuckwits who stormed the Capitol on January 6th. Hell, it’s what is STILL happening. The ‘entertainment’ hosts on FOX News are effectively feeding viewers Cordyceps MAGA spores, which remodels their decision-making and behavior control mechanisms, making them easier prey for predatory fascist and authoritarian ideologies, which in turn allows the fungus to spread even more widely. The only meaningful difference is that the fungal parasitic FOX News hosts themselves are apparently NOT under the influence of Cordyseps MAGA. They’re deliberately and willfully spreading the fungus because it gives them power and a big paycheck.

Here’s an example. Tucker Carlson recently made these claims about the insurrectionists who stormed the Capitol on January 6th, assaulted police officers, defaced and desecrated the building itself, and attempted to disrupt the historically peaceful transfer of presidential power.

“They were orderly and meek. These were not insurrectionists, they were sightseers. Footage from inside the Capitol overturns the story you’ve heard about January 6. Protesters queue up in neat little lines. They give each other tours outside the speaker’s office. They take cheerful selfies and they smile. They’re not destroying the Capitol, they obviously revere the Capitol. They’re there because they believe the election was stolen from them. They believe in the system.” — Tucker Carlson.

Nine sentences, eight of which are direct, intentional lies. The ONLY true statement is that the insurrectionists believe the election was stolen. But club-headed MAGA assholes only believe that bullshit because predatory pricks like Tucker Carlson have been feeding them spore-lies for a couple of decades. That’s how parasitic fungi work.

Speaker Pro Tempore of the House of Representatives

The larger problem is that parasitic fungi benefit and thrive to the detriment (and sometimes death) of their host. When FOX News deliberately spreads lies and misinformation, they pose a serious, no-shit risk to the host, which is representative democracy in the US. Even though it sounds far-fetched, they could end up destroying democracy in the United States.

As it is, the GOP-controlled House of Representatives shows very clear symptoms of being zombiefied. Just yesterday, Speaker of the House Kevin McCarthy appointed Marjorie Taylor Greene as Speaker Pro-tempore. The GOP decision-making and behavior control mechanisms have been severely diminished. This is zombie behavior. This makes them easier prey for predatory fascists. This makes the entire US vulnerable.

Far-fetched? Yes. But not far enough. This could be the last of us.