• Archive of "Democracy" Category

    Facebook and the Public Square

    June 22, 2017 // 13 Comments »




    In what is likely to be a more controversial decision, the same Supreme Court session that confirmed hate speech is protected speech also struck down a law that made it a crime for registered sex offenders to use Facebook and other social media.

    Justice Kennedy, writing for the majority in Packingham v. North Carolina , said the web is now part of “the modern public square.” Denying access to it, he wrote, violates the First Amendment.

    “By prohibiting sex offenders from using those websites, North Carolina with one broad stroke bars access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge,” Kennedy wrote.

    The case touches on another snowflake battlecry, that private concerns like Facebook are not the government, and thus not subject to the First Amendment. Such thinking is being double-plus used as a work-around to prohibit speech that offends certain groups. So, while say a public university funded by the government must under the First Amendment allow a nazi to speak, a private company like Facebook can set it own rules and prohibit any speech it wishes.

    The importance of the ruling is in its forward-looking perspective. The ruling does not address the question of whether or not Facebook can ban certain speech directly, but does confirm the idea that entities like Facebook, by their size and prominence, take on a larger role in our society (i.e., the “modern public square”) that cannot be ignored. One can easily imagine Justice Kennedy’s opinion used in a future case challenging Facebook or some other private entity’s restrictions on speech.


    And despite the willingness of many to try and dilute the ideas of free speech by citing the public-private divide, the Supreme Court is really doing little more here than enforcing the very old concept that free speech runs deeper than the Bill of Rights. It’s as much a philosophical argument as a legal one, not a bad thing for a nation founded on a set of ideas (and ideals.)

    Free speech in America is an unalienable right, and goes as deep into the concept of a free society as any idea can. Though cited as far back as 1689 in England, the American version of all this was laid out most clearly by Thomas Jefferson, in the mighty Declaration of Independence, where he wrote of rights that flowed from his notion of The Creator, not from government, and thus were fixed. Abetting free speech is an obligation in a democracy in general.

    Jefferson’s invocation of the Creator is understood now as less that free speech is heaven-sent and more that it is something that exists before and after our time. Government thus did not give us the right to free speech and therefore cannot take it away. The First Amendment simply codifies that latter part, laying out like much of the Bill of Rights what the government cannot do.

    So the argument that the First Amendment does not necessarily apply to all speech (such as that which takes place on private property) can be both true and irrelevant at the same time, and the latter is more important.



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    Posted in Democracy, Post-Constitution America

    1A Victory: SCOTUS Again Confirms ‘Hate Speech’ is Protected

    June 21, 2017 // 19 Comments »



    In the world we awoke to on November 8, 2016, a myth took hold among many progressive people that so-called “hate speech” — speech that demeans on the basis of race, ethnicity, gender, religion, age, disability — is not protected by the First Amendment. Even Howard Dean contributed to the falsehood.

    The Supreme Court just made it very, very clear that is wrong. Offensive and hateful speech is as protected as any other. It is vital to protect all speech, for the road of prohibiting speech one disagrees with is a slippery one. There is a right to offend; deal with it, snowflakes.




    A recent case, Matal v. Tam, focused on an all-Asian band called The Slants, who wanted to trademark their group’s name. “Slant” of course is one of a dictionary full of racist terms used to offend Asians, and the group wanted to push the word into the world’s face to disarm it, as gay men have done with the slur queer.

    The United States Patent and Trademark Office said no, the group could not trademark the name The Slants because of the disparagement clause, which denies federal trademark protection to messages that may offend people, living or dead, along with “institutions, beliefs or national symbols.” This same reasoning denied the Washington Redskins’ trademark renewal of their team name in 2014, seen as disparaging toward Native Americans.


    No more. The Supreme Court just ruled the government cannot use trademark law to stop people from promoting an (potentially offensive) name. That constitutes the government prohibiting free expression, a clear violation of the First Amendment.

    The First Amendment protects offensive speech, Justice Samuel Alito wrote in this unanimous decision. “The proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate,’” he said, quoting the classic 1929 dissent from Justice Oliver Wendell Holmes.

    (Trump-era snowflakes usually misapply Holmes’ famous line — not shouting fire in a crowded theatre — to justify banning offensive speech by claiming it incites violence. They’re wrong; it doesn’t work that way at all. The whole thing is laid out here.)

    “The danger of viewpoint discrimination,” Justice Anthony Kennedy wrote in The Slants’ case, “is that the government is attempting to remove certain ideas or perspectives from a broader debate. That danger is all the greater if the ideas or perspectives are ones a particular audience might think offensive, at least at first hearing. To permit viewpoint discrimination in this context is to permit government censorship.”

    The ACLU called the decision a “major victory for the First Amendment.”



    And… mic drop.

    The marketplace of ideas needs to be broad and deep, and awful people must be free to spew terrible words, into it, so they can be exposed and bad ideas shoved aside by good ones. That’s how the Founders intended the system to work, that is how it has worked through over 200 years of controversy, and the Supreme Court made it clear this week Trump, Howard Dean, Milo Yiannopoulos or your favorite nazi have no place in trying to change things.


    BONUS: And though the Court didn’t feel the need to remind people that it has long ago sorted out questions about whether hate speech inciting violence justifies restrictions, or the obligation of campuses to provide platforms to offensive speakers, or cities to protect them and their listeners, I will. It’s all explained here, children. Stop trying to use fascism’s tools to silence free speech. Let them speak.)

    DOUBLE BONUS: Five bad arguments the Left is using to restrict speech from the Right.



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    America’s Real Loss of Prestige and Leadership Abroad

    June 19, 2017 // 13 Comments »




    Because we traded the smooth talking guy for the clumsy boob with no manners, it is popular to bleat that America has given up its role as leader of the free world, to say other nations don’t respect us anymore, or look to us for moral guidance — in the extreme, that we are no longer that shining city on the hill we see ourselves as.

    What such cliches overlook is that not everyone in the free world is as blind as a typical American op-ed writer. Some in fact see past who the current Spokesmodel of Democracy in the White House is, and look to what America actually does. And what it does is often not pretty, and when revealed suggests our nation is and has been morally bankrupt a lot longer than the Trump administration has been in charge.

    One of the more recent revelations of what much of the world already knew comes, again, via Wikileaks, America’s conscience.

    Leaked documents show home internet routers, that blinking thing in the corner of the room where you’re reading this, from ten American manufacturers, including Linksys, DLink, and Belkin, can be turned into covert listening posts that allow the Central Intelligence Agency to monitor and manipulate incoming and outgoing traffic and infect connected devices.

    Short: American-made devices sold globally to allow the free world to use the Internet have been repurposed by the CIA as spy tools.

    The CIA’s technique requires new firmware to be added to the router. This can be done remotely, over WiFi, at the factory, or at any point along the supply chain. It is unknown if America’s leading electronics manufacturers actively helped the CIA do this, passively allowed the CIA to do this after sharing technical data, or simply looked the other way.


    The results of this CIA hack are spectacular.

    The firmware allows the CIA full access to the router, and all connected devices and networks. The spooks can insert malware, copy passwords, see what is being sent and received, redirect browsers to fake websites, why there is little-to-no limit. Apparently the user interface the CIA created for itself is quite friendly. There’s even a Quick Start Guide.

    And you know what?

    The CIA has been doing all this since at least 2007. That means it started under the George W. Bush administration, ran during both Obama terms, and continues without a break right into the Trump years. Three very different presidents, three very different self-images for America, yet underlying all was the same CIA, turning American products to their own needs and spying on well, everyone. Anyone. Free world or not.


    From a global perspective, it doesn’t really matter whether the person in the White House is a Nobel Peace Prize winner or a bumbling oaf. Because the real America, the one that spies on a global scale for its own ends, never changes. That guy on TV you hate? He’s just a placeholder, maybe a distraction, about as consequential to the real role of the United States as a professional wrestler.




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    Hey Intercept, Something is Very Wrong with Reality Winner and the NSA Leak

    June 6, 2017 // 31 Comments »




    An NSA document purporting to show Russian military hacker attempts to access a Florida company which makes voter registration software is sent anonymously to The Intercept. A low-level NSA contractor, Reality Winner, above, is arrested almost immediately. What’s wrong with this picture? A lot.


    Who Benefits?

    Start with the question of who benefits — cui bono— same as detectives do when assessing a crime.

    — Trump looks bad as another trickle of information comes out connecting something Russian to something 2016 election. Intelligence community (IC) looks like they are onto something, a day or so before ousted FBI Director James Comey testifies before Congress on related matters.

    — The Intercept looks like it contributed to burning a source. Which potential leaker is going to them in the future? If potential leakers are made to think twice, another win for the IC.

    — The FBI made an arrest right away, nearly simultaneous to the publication, with the formal charges coming barely an hour after The Intercept published. The bust is sure thing according to the very publicly released information. No Ed Snowden hiding out in Russia this time. IC looks good here.

    — More evidence is now in the public domain that the Russians are after our election process. Seems as if the IC has been right all along.



    What Happened is… Curious and Curiouser…

    Now let’s look at what we know so far about how this happened.

    A 25-year-old improbably-named Reality Winner leaves behind a trail long and wide on social media of anti-Trump stuff, including proclaiming herself a member of The Resistance. Never mind, she takes her Top Secret clearance with her out of the Air Force (she had been stationed with the military’s 94th Intelligence Squadron out of Fort Meade, Maryland, co-located with the NSA’s headquarters) and scores a job with an NSA contractor. Despite the lessons of too-much-access the Snowden episode should have taught the NSA, Winner apparently enjoys all sorts of classified documents — her Air Force expertise was in Afghan matters, so it is unclear why she would have access to info on Russia hacking of U.S. domestic companies.

    Within only about 90 days of starting her new job, she prints out the one (and only one apparently, why not more?) document in question and mails it to The Intercept. She also uses her work computer inside an NSA facility to write to the Intercept twice about this same time.

    Winner has a clearance. She was trained as a Dari, Pashto, and Farsi linguist by the Air Force. She knows how classified stuff works. She has been told repeatedly, as all persons with a clearance are, that her computer, email, printing, and phone are monitored. She mailed the document from Augusta, Georgia, the city where she lives and where the NSA facility is located. She practiced no tradecraft, did nothing to hide her actions and many things to call attention to them. It is very, very unclear why she took the actions she did under those circumstances.


    The Document

    The Intercept meanwhile drops by their friendly neighborhood NSA contact and shows them the document. NSA very publicly confirms the veracity of the document (unusual in itself, officially the Snowden and Manning documents remain unconfirmed) and then makes sure the open-court document filed is not sealed and includes the information on how the spooks know the leaked doc was printed inside the NSA facility. Winner went on to make a full confession to the FBI. The upshot? This document is not a plant. The NSA wants you to very much know it is real. The Russians certainly are messing with our election.

    But funny thing. While the leaked NSA document seems to be a big deal, at least to the general public, it sort of isn’t. It shows one piece of analysis suggesting but not confirming the GRU, Russian military intelligence, tried to steal some credentials and gain access to a private company. No U.S. sources and methods, or raw technical intel, are revealed, the crown jewel stuff. There is no evidence the hack accomplished anything at all, never mind anything nefarious. The hack took place months ago and ran its course, meaning the Russian operation was already dead. The Russians were running a run-of-the-mill spearfishing attack, potentially effective, but nothing especially sophisticated. You get similar stuff all the time trying to harvest your credit card information. The leaked document looks like a big deal but isn’t.

    Another issue. The Intercept has a lot of very smart people working for it, people with real-world intelligence and tradecraft experience. People who know about microdot encoding on printed documents, one of the tells here, and people who know they don’t show their whole hand when asking the NSA for a comment. The Intercept journalist volunteered to an NSA contracting company that the envelope received was postmarked to Augusta, where Winner lived and worked. Like Reality Winner and her own security training, it is very, very unclear why the Intercept took the actions it did under those circumstances.



    So For Now…

    So, look, what we know about this story may represent .01% of the whole picture, and that tiny sliver of visible information is only what the government has chosen to reveal. And sometimes a coincidence is just a coincidence. Sometimes smart people make dumb mistakes.

    But that’s not the way you place your bets, especially when dealing with the IC who are good at these kinds of games. At this very early stage I’m going to say there are too many coincidences and too many mistakes to simple shrug it all off. Too many of the benefits in this have accrued on the side of the IC than is typical when a real whistleblower shares classified documents with a journalist.

    If it frightens you that I invoke the question of the Deep State using journalists to smear the President, just forget I said anything. But if we’re willing to believe the Russians somehow successfully manipulated our entire society to elect their favored candidate, then we can at least ask a few questions.

    Otherwise, if anyone hears Winner’s lawyer use the word “patsy,” let me know, OK?

    BONUS: Matt Cole, one of The Intercept journalists credited to this story, was also involved in the outing of source CIA officer John Kiriakou in connection with CIA torture claims. Small world!



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    Dear President Trump: Do Not Prosecute Wikileaks

    May 31, 2017 // 19 Comments »




    Chelsea Manning, whose information about the war in Iraq first brought Wikileaks to the attention of Americans, will leave prison as a free woman on May 17.

    However, the U.S. government’s attempts to punish people for bringing war crimes from Iraq into daylight continues, in the form of prosecutions directed against Wikileaks and/or its founder Julian Assange.

    I recently signed an open letter in support of Wikileaks, as drafted by the Courage Foundation. Here it is.


    Dear Mr. President,

    We are journalists, activists and citizens from the United States and
    around the world who care about press freedom and are writing to you in
    response to the latest threat of prosecution against WikiLeaks for its
    journalistic work. We ask you to immediately close the Grand Jury
    investigation into WikiLeaks and drop any charges against Julian Assange
    and other Wikileaks staff members which the Department of Justice is
    planning.

    This threat to WikiLeaks escalates a long-running war of attrition
    against the great virtue of the United States — free speech. The Obama
    Administration prosecuted more whistleblowers than all presidents
    combined and opened a Grand Jury investigation into WikiLeaks that had
    no precedent. It now appears the US is preparing to take the next step
    — prosecuting publishers who provide the “currency” of free speech, to
    paraphrase Thomas Jefferson. It is reported that charges, including
    conspiracy, theft of government property and violating the Espionage Act
    are being considered against members of WikiLeaks, and that charging
    WikiLeaks Editor, Julian Assange, is now a priority of the Department of
    Justice.

    A threat to WikiLeaks’ work — which is publishing information protected
    under the First Amendment — is a threat to all free journalism. If the
    DOJ is able to convict a publisher for its journalistic work, all free
    journalism can be criminalised.

    We call on you as President of the United States to close the Grand Jury
    investigation into WikiLeaks and drop any charges planned against any
    member of WikiLeaks. It was a free and robust press that provided you
    with a platform on which to run for president. Defending a truly free
    press requires freedom from fear and favour and the support of
    journalists and citizens everywhere; for the kind of threat now facing
    WikiLeaks — and all publishers and journalists — is a step into the
    darkness.

    Sincerely,

    Trustees of Courage




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    My Letter in Support of a Reduced Sentence for Pvt. Manning

    May 17, 2017 // 18 Comments »

    According to the Uniform Code of Military Justice, Convening Authorities can reduce or eliminate a convicted soldier’s sentence. They use this power when they feel the court martial failed to deliver justice. As Commanding General of the Military District of Washington, Major General Jeffrey S. Buchanan is the only other individual besides President Obama (and there ain’t no joy there unless Manning qualifies as a Syrian kid) with the power to lessen Pvt. Manning’s sentence.

    This process is not new, nor unique. Though a slightly different judicial procedure, the Air Force Court of Criminal Appeals only in June of this year reduced the sentence of a former Ramstein Air Base staff sergeant who advertised babysitting services to gain access to three young girls he repeatedly sexually assaulted. Staff Sgt. Joshua A. Smith’s sentence was reduced such that Smith, 30, would be eligible for parole after a decade or more. The appellate judges, in their written opinion, said that despite the heinousness of Smith’s crimes against the girls — ages 3, 4 and 7 — the sentence handed down in November 2010 by military judge Col. Dawn R. Eflein and approved by the Third Air Force commander was “unduly severe.”


    If you wish to add your voice to the many now asking for Manning’s sentence to be reduced, the instructions on how to do so are straightforward.

    Here is what I wrote:

    Major General Jeffrey S. Buchanan
    Commanding General, U.S. Army Military District of Washington, DC

    General Buchanan:

    I write to request that as the Convening Authority in the case of U.S. v. Bradley E. Manning you move to reduce Pvt. Manning’s sentence to time served. Pvt. Manning has, in the course of several difficult years of confinement, taken responsibility for his actions and has been punished.

    As the leader of a State Department Provincial Reconstruction Team (PRT) in Iraq, I was embedded with the 10th Mountain Division, 2nd Brigade at Forward Operating Base (FOB) Hammer at the same time Manning was deployed there (though we never met.) I worked closely with Colonel Miller and his team to implement U.S. goals, and came away with great respect for him and his officers, and the enlisted men and women of the Commandos.

    At the same time, I experienced first-hand the austere conditions at FOB Hammer, and the difficult lives the soldiers led. As you are aware, one young soldier tragically took his own life early in the deployment at Hammer. Many veteran soldiers, some who served in the Balkans, also talked about the rough conditions at our FOB. I saw that at times computer security was imperfect. While none of this excuses Pvt. Manning (nor should it; he himself has plead guilty to multiple counts), it does in part help explain it. I ask that you consider these factors in your decision.

    As a State Department employee, I had access to the same databases Pvt. Manning in part disclosed, and back in Washington played a small roll in State’s “damage review.” I thus know better than most outsiders what Pvt. Manning did and, significantly, did not disclose, and am in a position to assess dispassionately the impact. As the State Department and the DoD reluctantly concluded at Manning’s trial, little if any verifiable damage was indeed done to the United States. There is no denying that the disclosures were embarrassing and awkward, but that is not worth most of a man’s life.

    Justice elevates us all, and reflects well on our beloved nation. The revenge inherent in a 35 year sentence against Pvt. Manning does not.

    Very Respectfully,

    (signed)

    Peter Van Buren



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    Would You Have Chelsea Manning’s Courage When Called?

    // 28 Comments »




    Chelsea is free!


    With more than a little irony, while I was in Iraq working for the State Department, Chelsea Manning’s office was across the hall from mine. While I was winning the war by writing emails to the embassy, Manning was across the hall capturing the texts of hundreds of thousands of State Department cables, famously released by Wikileaks, showing that was could never be won.

    My war in Iraq ended in near-complete failure. What Manning did will have an impact far beyond that terrible struggle. In this video, I ask the question of why I didn’t do what Manning did, and challenge the audience: when faced with history, would you have the courage to do what Manning did?

    I didn’t.


    Skip ahead to about 2:30





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    S.O.S. — America Needs Our Help, Time to Get to Work

    May 12, 2017 // 52 Comments »



    We are tearing ourselves apart. If we do not stop we will destroy our nation. You wanted a crisis? You got one.

    A significant number of Americans believe Russia changed the course of our last presidential election. Some/Many believe Trump would not be president had it not been for Russia. Some believe Trump himself is under the control of Russian leader Vladimir Putin, either because Trump accepted cash payments, owes Putin for the electoral victory quid pro quo, is deeply in debt to someone in Russia, and/or is the subject of blackmail over a golden showers video.

    Meanwhile, many Americans believe members of Trump’s administration are basically in the same pot, run as one would run spies in a Cold War thriller. Other Americans are convinced in turns that Trump is mentally ill, and/or that his actions as president are designed solely around furthering his own business interests.

    No detail is too small, no action too insignificant to promote a new conspiracy theory. Things have gotten to the point where otherwise reasonable and intelligent people imagine a foreign diplomat staying a night or two at a Trump hotel, as opposed to the Hyatt or Hilton, sways policy over a couple of hundred bucks.

    And keep in mind most of what Americans “believe” about this election and Russia is based on little-to-no evidence, just rumors and leaks.

    All of this is, in many minds, also leading us without fail toward nuclear war, maybe with China, maybe Russia, maybe North Korea. Trump, they believe, will literally destroy the world, and we are thus literally living in The End of Days. People believe that Trump must be removed from office as a matter of both national survival and personal life or death.

    This has led to a large number of Americans hoping and wishing that something terrible will happen. Maybe an Emoluments Clause-based impeachment. Maybe a military coup. Perhaps evocation of the 25th Amendment where Mike Pence and the Cabinet conduct their own coup-let. Or jail; some investigation will lead to charges of treason and he’s off to Supermax. Or maybe someone in The Resistance will just shoot the Cheeto bastard.

    People, calm down. Just calm down.

    Donald Trump is president. I know you hate him, I really get that, especially all you 25-45 year old Ivy League educated east coast media people. Trump probably hates you, too. But calm down. This isn’t about you.

    What once were conspiracy theories barely worthy of a B movie script are now discussed as fact by serious academics and writers. Journalistic standards that once put a high price on building a story out of unnamed sources are thrown out the window. Declaiming the rough edges of politics as constitutional crises, and running Op-Eds every weekday announcing democracy is over or the Republic is in peril, none of that helps.

    Encouraging people to wish for, hope for, dream of, a real crisis, which is what a first-ever change of leadership via impeachment would be, is very dangerous. It is unclear how an America as well-armed and as divided culturally as we are now would handle that. It is not a test we would want to take.


    So here’s a better way.

    Some part of the U.S. government has been looking into what Russia did or did not do during our election heading into close to a year, maybe longer, now. America boasts of the most incredible electronic dragnet in human history — collect it all, says the NSA. If there are real examples of real collusion in our election (as opposed to rumors, greedy idiots lapping up consultant fees, and reams of unnamed sources leaking) it is time to lance the boil and let our nation deal with it.

    Chips fall where they may. But dragging this out, allowing anyone in Washington with the phone number of a journalist to get a story, however incredible or nonsensical, on the front pages, has to stop.

    See, we have real things to fix in America. Our healthcare system is a mess. Income inequality and racial issues are tearing us apart. We are at war, seemingly indefinitely, across the globe. We need help.

    Hillary lost, she is no longer on the game board. Bernie, Elizabeth Warren, whoever, they’ll get a chance, but not for four more years. You cannot impeach a president for incompetence or stupidity. There is no do-over for the 2016 election, there is just us now.

    Trump is president and if for some reason during the next four years not him, then Mike Pence. That’s what we’ve got to work with, no more and no less. Please let one of them get to work.




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    The War on the First Amendment Didn’t Start Last Week

    May 11, 2017 // 49 Comments »

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    For those who woke a week ago to discover the First Amendment is under attack, I lost my job at the Obama/Clinton State Department in 2012 for writing We Meant Well, a book the government did not like, and needed the help of lawyer Jesselyn Radack and the ACLU to push back the threat of jail.


    My book was critical of actions in Iraq under both the Obama and Bush administrations. One helped protect the other.

    Braver people than me, like Thomas Drake, Morris Davis, and Robert MacLean, risked imprisonment and lost their government jobs for talking to the press about government crimes and malfeasance. John Kiriakou, Chelsea Manning, and Jeff Sterling went to jail for speaking to/informing the press. The Obama administration tried to prosecute reporters from Fox and the New York Times for stories on government wrongdoing.

    Ray Maxwell at the State Department went public with information about Clinton’s email malfeasance before you had even heard of her private server. The media called him a liar, an opportunist, and a political hack and he was pressed into retirement.


    Indeed, Obama prosecuted more federal whistleblowers under the Espionage Act than all previous United States presidents combined, including Richard Nixon, Ronald Reagan and George W. Bush.

    The Obama administration also set a record (77%) for redacting government files or denying access to them in fiscal year 2014 under the Freedom of Information Act.

    More than any previous administration, Obama took longer to turn over files, said more often it could not locate documents, and refused a record number of times to turn over time-sensitive files quickly, requiring years-long legal actions to be brought to force the government’s hand. In the case of Hillary Clinton, files considered “unclassified” in one context were redacted in whole in another.

    Though the backlog of unanswered requests grew by 55%, the administration cut the number of full-time Freedom of Information Act employees by 7.5%. Despite the critical nature of the documents to the election, the State Department was allowed to do its Freedom of Information Act screening of the Clinton emails largely with an ad hoc crew of retirees. The impact on journalists, and the right of the people to know, was immeasurable.


    So spare me. The war on our freedoms was well under way before last week. Where the hell were you and your safety pins then?




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    Moving Forward to 2018? The Danger of Undead Hillary

    May 10, 2017 // 23 Comments »




    I’m wondering how successful the Democratic meme of “Trump voters, now you’ll get what you deserve” will be.

    Media regularly now run stories “telling” Trump voters how bad their decision was. Many outlets unlikely to be read by Trump voters produce elaborate charts and expert commentary about how whatever Trump is doing with taxes or the economy will negatively affect voters in Red states the most. The implication is hah, hah, suckers, you voted for more jobs and you’ll get nothing! Tag-on articles also include dubious surveys showing vast numbers of Trump voters agree with statements like “Even though Trump policies will definitely kill my mother in front of my eyes, I’d still vote for him.” That’s a two-fer: you were dumb to vote for him once, Cletus, and you still won’t admit how freaking dumb you are.

    The highbrow version of those nasty little stories is the literal glee of too many progressives over how poorly Republican health care plans will work out. Following their defeat in the House over so-called “Trumpcare,” Democrats as one pivoted to saying their loss was their gain, as Americans will suffer and maybe even die as a result of the new rules, and finally realize how wrong they were to vote Republican.

    So a serious question: do party leaders really think this will translate into votes for Democratic candidates in a few years? That badgering people to admit they were wrong is a good tactic (we all know how much anyone likes to admit they were wrong)? That mocking voters for their 2016 choice will bring them to your side in 2018? That hoping enough suffer under even worse health care policy to vote for the party that stood by chortling and watched it happen?


    Alongside this very odd strategy of gain through others’ pain is the issue of Undead Hillary. The two are connected.

    The standard for a losing candidate is to quietly go away. Mike Dukakis (Remember him? No? That’s my point) is the perfect example. For those losers who don’t want to simply write a memoir and fade away playing golf, they can also respectfully reemerge after some time has passed as an elder statesman (Walter Mondale) or as a specific issue spokesperson quietly tolerated at the sidelines of the moving-on-now party (Al Gore and climate change.)

    The problem for Democrats is that Hillary Clinton is not yet convinced, nor are many of her supporters, that she really lost the election. They act in some ways as if the campaign is still ongoing.

    By basically continuing to run a version of the same full-on negative strategy they did in 2016 (Trump is dangerous, evil, stupid, a threat, Putin c*ck holster), there seems to be this poorly-formed notion that somehow Trump will disappear (Emoluments Clause, impeachment for something, whatever) and that it will then be Clinton, not Pence, waking up the next morning in the White House.



    In other words, until the Democrats can stand up as a party and say “We lost. There were a variety of factors but at least some sizable part of the electorate wanted what Trump offered and did not want what we offered” they will continue to push Undead Hillary forward as if she and her negative campaign still represent a hope back into power.

    Until then, no alternatives. No new ideas. No positivity. Indeed, a near-ghoulish sense of “Well, America, you didn’t chose our Clinton so enjoy life in hell as a penalty” pervades. It seems a very unconvincing way forward for a party that currently controls no part of government.




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    John McCain, Human Rights and Our National Mental Illness

    May 9, 2017 // 27 Comments »

    mccain obama bff



    There’s that lay definition of mental illness where you come to believe you’re the only sane person left in the room. I think that’s where I am right now.


    In last week’s address to State Department employees, Secretary of State Rex Tillerson stated out loud what has been America’s foreign policy forever, the idea that basing our policy too heavily on values creates obstacles to advancing our national interests. Tillerson basically restated the Kissinger line of realpolitik, which is what the U.S. had been doing since WWII even without a snooty name to it: offering lip service to rights and human values and democracy as expedients while supporting scum bag dictators as they fit our real needs.

    That’s how you got the CIA overthrowing regimes in Iran and throughout Central and South America, why the U.S. supported terrible autocrats in South Korea, Taiwan, and the Philippines, and where the roots of American backstopping of non-democratic regimes such as in Egypt, Iraq, and Syria lay. The plan was pretty clear: make nice speeches (“Women’s rights are human rights”) in China calling out America’s adversaries while doing nothing to promote those same ideals in America’s allies in places like Saudi Arabia.



    But as with so many traditional American travesties that have long existed but were not spoken of pre-Trump, things are different now. And so in a full-on flag waving Op-Ed, America’s Crusty Old Man McCain uncorked a lengthy rebuttal to Tillerson’s plain speaking. McCain got in every cliche from the oldest John Wayne movies to the latest Chevy truck commercials in standing up for ‘Merica the world’s human rights policer. Here’s a taste of what he wrote:

    Human rights exist above the state and beyond history… They inhabit the human heart, and from there, though they may be abridged, they can never be extinguished. We are a country with a conscience. We have long believed moral concerns must be an essential part of our foreign policy, not a departure from it. We are the chief architect and defender of an international order governed by rules derived from our political and economic values. Our values are our strength and greatest treasure. We are distinguished from other countries because we are not made from a land or tribe or particular race or creed, but from an ideal that liberty is the inalienable right of mankind and in accord with nature and nature’s Creator.

    Depriving the oppressed of a beacon of hope could lose us the world we have built and thrived in. It could cost our reputation in history as the nation distinct from all others in our achievements, our identity and our enduring influence on mankind. Our values are central to all three.


    I can’t be the only one stunned by the irony here.

    McCain’s seminal experience — surviving as a prisoner of war under torture in North Vietnam — was as part of a horrific war the U.S. waged against the agrarian nation in Vietnam for… no clear purpose. Millions of civilians were killed to “free” them, with aerial bombing taking away their rights to life in the crudest fashion. The Vietnamese people voted after WWII to become a single (Communist) nation, and the United States intervened to put a stop to that. Every single prediction of the time that was made to justify that war turned out to be wrong; Vietnam today prospers, and continues to seek ways to join closer to the world system McCain imagines the U.S. created as something akin to an act of God.


    But don’t believe me. Let’s ask the relatives of those killed and maimed by America in Vietnam if they agree with McCain that “We are a country with a conscience.”

    After that, let’s chat up some of the Koreans tortured by the U.S.-supported dictator Chung-hee Park, or Filipinos under U.S.-supported Ferdinand Marcos, or the families of those murdered by American drones across the Mideast. Or maybe those still currently under American torture at Guantanamo. Let’s ask the ghosts of those killed by American weapons in (deep breath) Korea, Vietnam, Laos, Cambodia, Haiti, Dominican Republic, El Salvador, Guatemala, Honduras, Chile, Yemen, Libya, Iraq, Syria, Grenada… oh, you go look up the rest. Or call John McCain’s office and ask his staff for a complete list.

    And of course I’m focusing on foreign policy hypocrisy here. But America the nation of conscience practices hypocrisy at home as well. Despite being among the wealthiest nations globally, America stands alone without a comprehensive health care system. And so suffers 6.1 deaths for every 1,000 live births, higher than Hungary, Poland, the United Kingdom, and Australia. Finland and Japan had less than half the rate of the United States. America has the highest rates of incarceration in the world, and stands by as 1 out of 5 children live short of food. Americans are 10 times more likely to be killed by guns than people in other developed countries. Our elections are undemocratic mish-mashes of gerrymandering, voter fraud, foreign hackers, and the influence of massive amounts of corporate money and payoffs. America clung to slavery as a economic foundational element long after most of the world moved forward.


    The truth? You can’t handle the truth. The truth is the United States maintains a bloody, warist, hypocritical record that would at least find a touch of purity in admitting we conduct our foreign policy with the greatest of self-interest. The only question left is to ask who is crazier at this point: McCain, who may believe the hogwash he is peddling, or the Americans who read it uncritically.




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    ProPublica Attacks First Amendment, Cloudflare Edition

    May 8, 2017 // 12 Comments »



    You’re almost certainly interacting with Cloudflare right now. Feel OK?

    Cloudflare is a web services company that, among other things, protects sites against various malicious attacks and hacks. They don’t “host” data in most cases, but work as a kind of middleman between you and the server out there somewhere on the web that has the actual data. Cloudflare processes more web traffic than Twitter, Amazon, Apple, Instagram, and Wikipedia combined, because it handles data for most of those places at the same time. On average, you have interacted with a Cloudflare service 500 times today. This blog uses Cloudflare, as does the FBI, OKCupid and The Daily Stormer.

    You may not be as familiar with The Daily Stormer, but it is a nasty white supremacist site. They feature all sorts of hate, with a particular focus on anti-Semitism. Real garbage. But garbage fully protected under America’s long tradition of free speech (and yes, I understand the legal side of the First Amendment applies to government and not private businesses, but the broader concept of free speech underlies every democracy and has been the cornerstone of our inalienable rights in America. America at its best has always sought ways to broaden speech and access to ideas, not game ways to block them.)


    Yet in another example of assault on free speech from the left, investigative journalists ProPublica are now “outing” Cloudflare for providing business services to The Daily Stormer.

    ProPublica writes:

    The operations of such extreme sites [The Daily Stormer] are made possible, in part, by an otherwise very mainstream internet company — Cloudflare. The widespread use of Cloudflare’s services by racist groups is not an accident. Cloudflare has said it is not in the business of censoring websites and will not deny its services to even the most offensive purveyors of hate.

    The wording, implying Cloudflare has some special affinity for racist groups, is noted.


    Though it only cites three specific cases, ProPublica also makes much out of claims that Cloudflare, in accordance with its policies, forwarded content-related complaints about The Daily Stormer it received to the site itself. Apparently persons offended by Stormer’s speech wrote to Cloudflare demanding censorship. The complaintants felt their voluntary, public demand, to include their real names and contact information, demanding censorship, should itself be kept top secret from those they wished to censor.

    The idea is that (three) people offended by The Daily Stormer sought to shut the site down by threatening the “printer,” Cloudflare, who conveys information in a content neutral fashion. ProPublica is in favor of this.

    Of course shutting down printing presses to prevent the spread of ideas is old-school fascism. Sad to see a group like ProPublica, which thrives under the broader ideals of unfettered speech, trying to do away with such protections for others.

    I also guess as journalists ProPublica are unfamiliar with the trial of Peter Zenger, where, in pre-revolutionary America the government tried to punish a printer Peter Zenger for printing something offensive someone else wrote. Defended by Alexander Hamilton, Zenger was found not guilty. The trial is seen as the beginnings of what became our mighty First Amendment, and a significant victory for free speech. It established the precedent that you can’t shut down a means of conveyance of speech as a backdoor way to censor speech.



    Now, c’mon, I get it.

    Actually, ProPublica is familiar with the Zenger trial, citing its precedents on libel in a November 2016 article regarding fears that then President-Elect Trump might threaten parts of the First Amendment.

    ProPublica are smart people, and they understand the Zenger case and they understand the root value of free speech in America. But they are trying to be clever, talking fast to the rubes on the left who suddenly “woke” to allow their prejudices to be manipulated. It’s fundraising time, and groups like ProPublica know the money right now is to be made not in content-free defense of free speech, but in being seen as part of The Resistance.

    They know in the Age of Trump no progressive is going to stand up for the rights of unpopular speakers on the right, even though real progressives know that’s the pure thing to do in our democracy and always has been. Nope, the good guys are going to look down at their shoes and mumble mumble when these tough issues arise, say something about “means to an end” and the “greater good” and allow once stalwart defenders of liberty like ProPublica to get away with peddling hate in the guise of opposing it.

    Just know not everyone is fooled, and some of us are making notes. And that every call for censorship risks someone returning the favor.



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    How Berkeley and NYU’s Anti-Free Speech Actions are as Unconstitutional as Hell

    May 6, 2017 // 6 Comments »



    Ann Coulter will not speak at Berkeley this week because the threat of mob violence lead campus authorities to claim they could not protect her. The same threats led New York University (NYU) to cancel Milo Yiannopoulos’ appearance in February. These are shameful actions by two universities, and they are unconstitutional as hell.


    Previous violence at Berkeley directed against Yiannopoulos, as well as the current threats, originated with a coalition of so-called antifa’s, anti-fascists, persons who believe in Trump’s America violence to silence speech they do not agree with is justified. They probably are unaware their tactics were once used to silence civil rights marchers, anti-war protesters, abortion rights advocates and the women’s movement. Because the law that now shames Berkeley and NYU comes from earlier efforts to protect those groups’ right to speak.

    The idea that a university cannot assure a speaker’s safety, or that the speaker’s presence may provoke violent protests, or that the institution just doesn’t have to go to the trouble of protecting a controversial speaker, has become the go-to justification for persons on the left restricting speech from the right. Coulter and Yiannopoulos were singled out specifically for the content of their speech, which is indeed offensive to students and faculty who see danger in unpopular ideas. The universities’ actions are not content-neutral, the base requirement to restrict speech.

    But what those offended people think is irrelevant, because the Constitution is clear even when their minds are muddied. While institutions do have an obligation to public safety, that obligation must be balanced against the public’s greater right to engage with free speech. The answer is not to ban speech outright simply to maintain order. But don’t believe me; it’s the law.


    landmark case from 2015 involving a group called the Bible Believers, who used crude language (“Turn or Burn”) at an LGBT event, provides the clearest guidance:

    When a peaceful speaker, whose message is constitutionally protected, is confronted by a hostile crowd, the state may not silence the speaker as an expedient alternative to containing or snuffing out the lawless behavior of the rioting individuals. Nor can an officer sit idly on the sidelines – watching as the crowd imposes, through violence, a tyrannical majoritarian rule – only later to claim that the speaker’s removal was necessary for his or her own protection. Uncontrolled official suppression of the privilege [of free speech] cannot be made a substitute for the duty to maintain order in connection with the exercise of that right.”

    That an institution can shut down speech requiring physical protection has failed court tests in cases are diverse as Occupy protests and a Christian group which brought a pig’s head to an Islamic arts festival. Both sides in the abortion debate have slapped down the need to maintain public order argument outside clinics in defense of their right to speak. Any of those situations is at least as volatile as whatever Ann Coulter has been saying publicly since her first book came out in 1998, or Milo Yiannopoulos’ junior high school level homophobic slurs.

    The court have also long held mobs should not be allowed to exercise the so-called Heckler’s Veto, where whomever can literally “speak” the loudest gets to choose what is said. The natural end of such thinking is mob rule, where Speaker A gets a bigger gang together to shout down the gang Speaker B controls. Or, in Coulter and Yiannopoulos cases, simply threatens to do so.

    Allowing a de facto Heckler’s Veto to keep unpopular speakers from expressing their views, as Berkeley and NYU have basically done, also does damage long past two conservative speakers in April 2017. Allowing the Veto not only stifles a specific idea, but threatens to chill public discourse generally by discouraging others with controversial ideas from sharing them. Who wants to stand up only to be shouted down by a mob while the administration and law enforcement stand aside?


    The most insidious use of the Heckler’s Veto, however, is what has happened at Berkeley and NYU, where the administration allowed people to create a situation that compels law enforcement to shut down a speaker in advance for them, abusing their own freedom to assemble to get the government to stymie someone else’s. The Supreme Court concluded the government’s responsibility in such circumstances is to control those who threaten or act out disruption, rather than sacrifice the speaker’s free speech rights. Berkeley and NYU chose not to comply, even though as recipients of public funds they were required to do so.

    The problems of having Ann Coulter speak on a campus are outweighed by the larger obligation to protect free speech. Getting rid of the speaker may be expedient but it is also unconstitutional. The ACLU knows that, because it took Coulter’s side, as did Elizabeth Warren and Bernie Sanders. There are plenty of lawyers working for Berkeley and New York University who know it too, but figure on a liberal campus in front of a sympathetic media they can get away with ignoring it.


    History, and jurisprudence, are not on the universities’ side.

    Supreme Court Justice Louis Brandeis held people must discuss and criticize unpopular ideas, that free speech is not an abstract virtue but a key element at the heart of a democratic society. Even the fact that speech is likely to result in “violence or in destruction of property is not enough to justify its suppression.” Brandeis concluded “the deterrents to be applied to prevent violence and disruption are education and punishment for violations of the law, not abridgment of free speech.”

    Free speech is not an ends, it is a means, in a democracy. Shame on two of America’s prominent universities for treading on that mighty concept. Free speech is messy, and it is our essential defense against fascism, whether from the left or the right.



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    ProPublica’s Homophobic Witchhunt

    May 5, 2017 // 9 Comments »




    How to run a witch hunt:

    1) Make accusations as dramatic and salacious as possible;
    2) Play to existing fears and prejudices;
    3) Cite the greater good that makes way for necessary evil.

    So, if you’re Joe McCarthy in 1950s America:

    1) The government is full of Communists. Some are gay, subject to Commie blackmail!
    2) America is under threat for its very survival, and traitors are everywhere. Maybe even… you?
    3) We may need to destroy the lives of a few innocents, but isn’t our nation worth that risk?

    Or if you’re ProPublica in 2017:

    1) A Trump political appointee has (been accused of) sexually assaulting boys!
    2) Trump himself is a sexual assaulter, and his administration has shown it does not vet appointees (some work for Moscow!)
    3) Presenting accusations as evidence, headlining an issue resolved years ago, and pretending Googling is investigative journalism are necessary evils if we can pretend it is part of the Resistance.



    ProPublica is a non-profit organization that “produces investigative journalism in the public interest… focusing exclusively on truly important stories, stories with ‘moral force.’”

    Which seems an odd claim in that their latest blockbuster is to revive settled accusations that a minor Trump political appointee sexually assaulted fellow students at a military academy.

    ProPublica writes “Steven Munoz [above] allegedly assaulted five freshmen. His hiring at the State Department raises further questions about the Trump administration’s vetting process.” The story lists accusations of unwanted sexual touching from 2009 that first surfaced in 2012 via a leaked email, when Munoz did some work for the Rick Santorum campaign. Munoz claimed the acts were consensual. All of the information is available via Google searches; no investigative journalism is needed.

    Upshot? A South Carolina prosecutor reviewed the case and its 200 pages of evidence and declined to seek an indictment in 2013.

    Accusations and an investigation that lead to no charges. That’s it.



    But ProPublica went on to write “Munoz’s hiring raises questions about the Trump administration’s vetting of political appointees, which has been both slow and spotty, with multiple incidents of staff being fired only weeks into their jobs, including for disloyalty to Trump.” The implication is that the old, closed, accusations against Munoz should have been grounds to turn him down for an administrative job.



    So, ProPublica, what’s the story?

    If it’s that the military academy did a poor job of investigating the allegations, then write that story. If the local prosecutor failed in her responsibilities, then investigate and write that story. If you have evidence Munoz is sexually assaulting people in his political appointee job today in Washington, let’s hear it. If you can find that the Trump vetting process uncovered evidence of Munoz’ guilt and hired him anyway, let’ see that headlined.

    But if all you are doing is resurfacing old, dismissed allegations of a salacious nature in hopes of embarrassing the administration and making yourself look like The Resistance for a news cycle, then, no, you are just conducting an old-fashioned witch hunt.

    Shame on you, ProPublica, and your organization’s otherwise proud record.




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    Am I… Conservative Alt-Right?

    May 3, 2017 // 12 Comments »



    The New York Times took a piece I wrote strongly defending the right to free speech, the raw concept of unfettered speech from a content-neutral position, and called it Right Partisan Writing You Shouldn’t Miss, intended as a compliment.


    What I wrote was directly in line with the absolutist view of free speech and the First Amendment I have always taken: let them speak. Except for the very narrow and specific restrictions on speech defined over the years by the Supreme Court, let them speak. Let good ideas whoop bad ideas. Look for ways to allow more speech, not loopholes that might let an institution get away with silencing a speaker. It is as much of a philosophical argument as a legal one.

    My ideas are not particularly new. They are the same positions taken by the American Civil Liberties Union, and for that matter, most of the modern Supreme Court. I really didn’t invent anything here, though hopefully my version of the idea was neatly typed and well-presented.

    So how did I end up becoming a conservative for defending free speech?

    Though free speech should be an American position, for the most part it has been traditionally associated with progressive politics. Free speech enabled the civil rights movement, the women’s movement, got extreme acts of protest such as flag burning recognized as protected speech, ended silly and law enforcement resource-wasting campaigns against nude photos and naughty song lyrics, and grew alongside egalitarian tools like the Internet to bring all sorts of voices into the public marketplace of ideas.


    Yet in a few short months since Trump’s election, everything seemed to change.

    Some Progressives morphed into “anti-fascists” who believe it is OK to punch someone they deem a “nazi” in the head to silence their speech. Universities which made their political bones via the Free Speech Movement are trying tricks like de-platforming speakers (“You have a right to free speech but we don’t have an obligation to let you speak here.”) Those same people were only last summer raising their voices against so-called Free Speech Zones that fenced protesters off miles from the Republican and Democratic Party Conventions so they could protest to their heart’s delight without anyone hearing them.

    Students at liberal colleges are proud of themselves for shouting down invited speakers who say “offensive things,” and have even convinced themselves such a Heckler’s Vote is a form of free speech itself, instead of old-fashioned brownshirt mob rule. A key debate now is how much wiggle room private and semi-private schools have to get away with denying someone’s First Amendment rights. Some student groups are pleased when they think they’ve figured out a way around the 1A and can block a speaker, forgetting such tricks were used to silence the civil rights movement and women’s groups.

    My article defending the right of all to speak was pushed into “conservative” categories because the example I built the piece around was Ann Coulter at Berkeley. I have never heard Coulter speak. I’ve never read any of her books and to be honest, could care less what she has to say. From some quick Googling, it seems like my politics and Ann’s generally do not agree. And that’s the whole point of course –support her right to speak while not necessarily supporting what she says.

    That now, apparently, has become a right wing position to take. It is indeed a strange world.



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    Do American Airports Suck? Yes, Yes They Do

    April 26, 2017 // 16 Comments »

    tsa toy

    Traveling by air in America is one of the best ways to see the country, although it is not always the nicest view. I recently took a fresh look, with the goal of advising my foreign friends what to expect when they drop by the United States.



    Our Air Palaces

    You’ll enjoy our older airports’ retro-touches, which evoke the Golden Age of air travel of the 1950s and 1960s. The typical lack of free WiFi, just like when your parents first visited America, the two electrical outlets serving an entire wing of the airport, the toilets which have not been cleaned since when your parents first visited America, and the “Welcome Home Troops” signs reminiscent of those displayed for soldiers coming home from that war where America invaded your country, all quaintly harken back to simpler times.

    Your chances of finding public transportation to and from the airport are slim. Maybe if you look around there’ll be an old city bus for the workers (live like a local!) And stop standing out as a “tourist,” looking for trains that connect to the city center as you’ll find nearly everywhere else in the developed world. As you pay a month’s salary out to the cab driver who is cheating you just like in Cairo, or the Uber guy 23 hours into a shift trying to feed his family, think of it all as a great only-in-the-developing world story to tell if you survive to get back home.

    Keep in mind our newer airports are clean and shiny, and look like shopping malls, our most popular places of worship. You can buy the same stuff made in some other country in the airport as out of the airport, eat at the same fast food places, and sample the daily ration of fat required by all the pre-diabetic locals. The newer airports are also a lesson in economics. America has only three viable industries left: government, our largest employer (generally off limits to foreigners, though those we accuse of being terrorists are often taken in as a kind of adjunct), retail sales, and serving/delivering things to each other. See it all while you’re here!



    Security First

    But the real treat inside our airports is that most American of things, security.

    Prior to 9/11, no one but Nazis in old movies and zoologists mapping out elephant migration routes used the term “Homeland.” But now everyone in America does. You should try it, too. Say it with the right mix of fear and awe, and the locals might not even guess American English is not your first language.

    Speaking of which, one fun thing that distinguishes our international airports from those in many other third world countries is the near-exclusive use of English. Few Americans appreciate the efforts we go to as a nation to provide these gratis tutorial sessions to you.

    A curious fact is that American airport workers seem to believe that anyone can speak English if it is blasted at them loud enough and s-l-o-w enough. Idiomatic phrases, such as “ I SAID, liquids in a baggie, 3:1, c’mon, people are waiting behind you” will be taught to you by our security staff. If you don’t catch it all the first time, don’t worry, the worker will repeat it as many times as necessary. American passengers will often help out by advising you how to manhandle your laptop, tear open wrapped gifts, disassemble iPads, and pour out bottled water purchased earlier in the airport, all so you can speed through the security checkpoint enroute to Disneyworld and not Guantanamo.


    If you are new to our shores, understand removing shoes at the airport wasn’t always some sort of American custom, but we now embrace it with fervor. Even the Japanese, who are shoe-removing fetishists, often seem unsure about wearing only socks to tread upon a filthy public floor, but you jump right in. We also love to take off our belts, jackets, and jewelry at the airport. Play along; I once saw some yokels from Communist China, where the government controls their every action, worried pants might be next. Hah!

    They quickly found out we Americans would never bow to a bully government like they do at home. We instead wait in long, slow lines for our chance to appear before a petty government official with blind power over us, all for safety. Pay attention to our unique style of officials. Unlike in some parts of the world where holding near-life-or-death power over someone is just an excuse to collect bribes, or the bored-as-hell Euro style, our airport workers approach their task with gusto.

    If you get touched by a security agent on your private parts, that’s considered good luck by many.

    You may think this anger is all directed at you, as a foreign visitor. Actually, if you are from a Muslim country, it is all directed at you. But sometimes Americans are also often singled out for some fun.

    For example, on my last trip I was selected for random extra screening, which included removing a Chapstick from my pants pocket, and opening it in front of the security person as proof it was not terrorist balm meant to moisten my lips before shouting “Allah hu Akbar!”

    Just like with the foreigners, the agent spoke English loudly to me, as if to reaffirm we are all equal here in America. He also made me open my wallet in case it included a very, very thin gun. In some countries that might be seen as a request for a bribe, but here I understood it was just bullying by a public servant.

    What happened after I passed through the checkpoint I think as a “fun” freebie for those who comes from cultures that revere elders. After discovering a typo in the name on a boarding pass, security sent an elderly woman back to the airline counter for a new one even though she said that would cause her to miss her flight, after which she would need a new boarding pass once again. You’re not going to see something like that sitting at home!



    Boarding Your Flight

    At your the gate, be sure to see who boards first, as the list includes military in uniform. I know of no other country in the world that does that, so foreign friends, watch for it as a real “thing.”

    Americans will try and rush onto the plane as if they’re not sure that there’ll be a seat for them. But looks can be deceiving, because what those citizens are actually doing is playing one of America’s favorite blood sports, fighting for overhead storage space.

    See, the airlines had this idea that since everyone carries luggage on trips, if they charged a fee for luggage, they’d get rich. Americans responded as revolutionaries do, protesting such unjust laws by dragging enough crap on to the plane as “carry on” luggage that the aisles often look like the barricade scene from Les Miserables. The plane cannot accommodate all that stuff, and so a struggle ensues.

    Watch closely for regional variations, from passive aggression to outright close combat. Have your camera ready, and let the kids take a swing! If you miss that photo while boarding, you’ll see a slimmed down version of the scrum when it is time to exit the plane. Sometimes the exit fights are even more fun; people have been drinking inflight, and there are scores to settle from the boarding process.

    You’ll soon enough arrive at your American destination feeling very much like a local — exhausted and frustrated. And isn’t feeling like you belong somewhere new one of the real goals of travel anyway?



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    Putin Paranoia

    March 31, 2017 // 42 Comments »



    Things about America we’ve learned since November.


    Our nation, the republic, democracy, our very system of government is more fragile than at any other time in American history. So fragile that everything has, or is in near-immediate danger of, collapsing, after only a two month jog from near-perfect to the edge of dystopia.

    The cause of this is Vladimir Putin, who is an evil genius, spymaster, mastermind, brilliant, super criminal, chessmaster, but also a thug and dictator.


    Only a few months ago, stuff like this lurked in the dank corners of the Internet, usually web sites that were designed in the 1990s, or on late night talk radio, or on six hour YouTube video rants. These were the same sources who found the Illuminati, Mossad, childhood vaccines, and chemtrails responsible for the impending end of our nation. We called this stuff conspiracy theories and if rational people mentioned them at all, it was as a punchline, with a shake of the head and a muttered “How can people believe this crap?”

    Good times. But they are over.

    We now live in a media world where what used to be crazy is now mainstream. Today’s example is from Salon, with a piece subtitled “The Soviet Union never attacked America as blatantly as Putin has — and we’re in danger of losing democracy.”

    The article gets right to it, announcing this is

    …the first time in modern history in which Russia has directly attacked the United States — on American soil no less, and precision-aimed at what matters most: the very integrity of our democratic process.”

    How was this done? By hacking our election, hacking being a word that no longer means anything but something something computers I don’t really understand but it’s bad. Like when your mom calls you up and says her laptop was hacked because it lost the wifi link to the printer (just restart it, mom…)

    Anyway, how was this hacking done? Social media. Russia ‘bots. Fake news. RT.com which no one watches. The upshot according to Salon? Millions of Americans

    …were manipulated into acting as unwitting foot soldiers for Vladimir Putin’s invasion… Americans were suckered by and acted in accordance with Putin’s plot… [because] Americans are deeply vulnerable to digital manipulation and weaponized social media hoaxes.

    More about how stupid our nation is in the face of Putin’s brilliance? Here you go, same article:

    The blind acceptance of Russian propaganda, because it happened to include “facts” that some of us were starved to read, is what turned otherwise decent though gullible Americans into Putin’s infantry, virally blitzing the Kremlin’s message through the trenches of the political internet, attacking and converting more voters with zombie lies. Trench by trench, Facebook group by Facebook group, Americans executed Putin’s attacks for him.

    And then oh-my-God things really start to fall into place to somehow explain Hillary Clinton’s inexplicable loss:

    The hacking of the DNC and Podesta aside, the effort to trick Americans into being recruited as Russian cyber-soldiers began by turning Democrats who supported Bernie Sanders against the predicted front-runner, Hillary Clinton. Using “bots” and human resources, Putin lobbed fake news and ridiculous conspiracy theories into social media. Voters who were predisposed to distrust Clinton willingly shared these stories, poisoning everyone who inexplicably wanted to be poisoned.

    Knowing what we know now, it’s no longer a stretch to report that Trump was placed in office by Putin. But it only happened because millions of Americans unknowingly volunteered to serve as enemy combatants, undermining and betraying their own country.

    So there it is, laid out in black and white: Americans were duped by Putin into destroying our own democracy by exercising our right to vote in a way Salon doesn’t like. Basically, our precious bodily fluids are at grave risk. Brilliant, evil, but brilliant.

    BONUS: So in summary, some substantial number of Americans clearly and truly believe Putin engineered the results of our last election, not by manipulating actual ballot counts, but via influencing social media in a way that influenced some 50% of Americans to vote a certain way. And that the entire universe of factors that went into the election (advertising, endorsements, emails, you choose) did not have as significant an effect as Facebook and RT. And that as a result, the President of the United States is under the direct and immediate control of Putin and has and will continue to purposefully act against the interests of the U.S.

    Seriously, that is some whack paranoid sh*t right there.




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    Advice for Trump: It’s All About the Infrastructure

    March 21, 2017 // 25 Comments »



    Dear Donald:

    I didn’t vote for you and generally don’t support what you do, but hey, we both live in this country for now, and I don’t want to see you mess things up more than they are. So, as a public service, here’s some advice. I don’t see a lot of this in the media; mostly they just write articles mocking you. I’m pretty sure if you came out against poop the media would demand sh*t sandwiches for everyone in response.

    But we’re Americans, we look forward not behind where the poop comes out, so here goes.

    You need a grown up in the White House right away. Your team clearly hasn’t figured out how to work Washington when you need to do so. So go get yourself a James Baker. Baker was White House Chief of Staff and Secretary of the Treasury under Reagan, and Chief of Staff under George H. W. Bush. He may still be alive (check Wikipedia) but if not, someone like him. Not an ideologue, but someone who prefers to work behind the scenes, trusted by most in Congress, calm and steady but still enough of a conservative that he’ll fit in at meetings. He’ll be, what can we call it, a kind of Chief of Staff-concierge combo. That will also be very reassuring to your own party members.

    Next up is a new Secretary of State, in a few months. I get that Tillerson is there to debone the Department of State, and it is good that he do so. Let him get that done, make all the enemies, do the heavy lifting, and then get someone new in there who can take over the hassles of day-to-day foreign policy. It’s clear, Donald (if I may) that you don’t like the photo-ops and glad-handing with foreigners. OK, we’re not all good at everything. So outsource that part of the job, same as you’ve done pretty successfully with James Mattis over at Defense (see how that no-drama appointment thing can work out?) Get a SecState who can play nice with allies and let you be you on other stuff. C’mon, you know how to do this. As a businessman you delegated tasks all the time.

    With that team in place, get your plate clear of the ideological things you owe your base. Pass your healthcare, throw a bone to immigration reform, whatever The Wall, stop messing around too much with arts funding, just get that stuff off the front pages except in areas of the country where it being on the front pages is to your benefit.

    Then move on to the big deal, the thing that should be the signature event of your term, rebuilding infrastructure. You promised jobs, America needs jobs, the Democrats can’t be against jobs (well, they can, but at that point they’ll join the Whigs in political party trivia answers.) Don’t spend a lot of time at first sorting things out, just get money into the economy. Cut Retire one aircraft carrier, something. Have states send in proposals, or just start. Build a bridge. Fix an airport. Put people to work in Ohio, Indiana, Pennsylvania, places that really have been hit hard.

    Make it fast, make it visible, show (pardon the pun) concrete results.

    ALTERNATE POINT OF VIEW: “Forget your cheap theatrical Bruce Springsteen crap,” Kevin Williamson wrote of the white working class in National Review. “The truth about these dysfunctional, downscale communities is that they deserve to die. Economically, they are negative assets. Morally, they are indefensible.”

    Or from NY Magazine’s Frank Rich “Maybe they’ll keep voting against their own interests until the industrial poisons left unregulated by their favored politicians finish them off altogether. ”

    BONUS: For the Democrats, don’t chase away the man or woman who feels like a third party candidate. Don’t push a hack forward who you think you’ve dressed up to look like a third party candidate; it’ll just come off fake, like when Dad tries to look “cool” around the teenagers. Stop acting smug about how all those Trump voters won’t get the change they sought. You don’t have the best record there, either. Don’t tell people who have really been living with Obamacare in its imperfect form that it is not imperfect.

    Imagine yourselves taking control of the healthcare debate. Imagine saying “Obamacare has problems. We’re going to fix them, and yeah, it means working with the Republicans, but people before party.” Now there’s something to take into the 2018 and 2020 campaigns, especially if you do fix Obamacare.

    And for the love of Gawd, find something more to be in favor of. “We’re not Trump” and “Trump’s a stupid jerk” were the policy positions that cost you the election. Nobody besides your own paranoid base bought deeply into the Putin controls Trump line, and the longer you stick to that the more it will end up looking like the endless Benghazi hearings.

    See, people outside your base will see through your current war cry: July Comey bad, March Comey is good. July investigations mean nothing, March investigations are the end of democracy. Saudi money into the Clinton Foundation had no proof of quid pro quo, Some Trump guy appearing on RT.com is proof that the Kremlin controls Washington DC.

    Understand that you have to build your base out from the coasts; you will not lure middle-of-the-road voters back with #resistance. Resistance is just blunt opposition and you tried that and the result was President Trump. Don’t make it President Pence down the road.

     

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    Crushing Free Speech (Oh, Let’s Save Democracy That Way!)

    March 15, 2017 // 45 Comments »



    I’m not advocating violence. I’m hoping to stop it.

    So this guy beat the crap out of this Black Lives Matter woman; she was spewing out hate speech, really racist stuff, and the guy acted in self-defense. Then some people who opposed Trump’s travel ban started calmly laying out their views on a street corner, and the same guy, who believes deep into his soul that Muslims are a threat to democracy and allowing them into America is a step toward fascism, got a bunch of his buddies together and by sheer force of numbers shouted down the pro-Muslim people, forcing them to run away for fear for their safety.

    Justification? The dude was pretty clear he was just exercising his First Amendment rights, that it was wrong for those protesters to have a platform and hey, he isn’t the government and the 1A only applies to the government, not private acts like his. Sure violence is bad in isolation, but in defense of freedom, well, by any means necessary. While he was beating on the activists, he shouted he “understands the moral and practical limitations of wholly free discourse.”

    After wiping hippie blood of his knuckles, this patriot took to a mainstream media outlet and wrote this:

    But this moment in American politics and American life proves that the victory of reason cannot always be assured. The purveyors of logic, of facts dutifully checked and delivered to the public, lost big league in November. The cost has been an erosion of our national character that we will be powerless to stop unless we fight prejudice wherever it lies. The critics of political correctness have argued that shutting down certain conversations may bear political costs and alienate potential allies. This is a certainty. Morality is alienating. But the costs of being moral have been borne successfully by innumerable movements for social change. This is, to borrow a phrase, a time for choosing.



    You get it yet?


    The actions above, and the quote above, were written by an author for Slate, in justification for the students of Middlebury College, and “activists” elsewhere, using acts like violence and shouting down speakers to stop speech they personally judged as hate and/or offensive or dangerous.

    The latest specific case involved some guy named Charles Murray. I have no idea who he is, but a lot of people say he is a racist so let’s go with that. But I don’t care.

    I simply cannot believe that it is the left, or progressives, or whatever name is best, that are attacking people’s speech. I’ve written extensively about what I call “Post-Constitution America,” an era that started on 9/11 where the rights enshrined in the Bill of Rights no longer applied. I never imagined it would play out this way.

    And I know that the 1A does not apply to non-government actions, no need to educate me. But I also cannot believe I have to tell people like the author of the article above that stopping people from saying things that offend them is exactly the tool real live fascists and anti-democratic people use. They send brownshirts to break up rallies, accuse activists of inciting riots, take away access to platforms like newspapers and media, by violence or any other means necessary.

    When you advocate for closing off speech, the bad guys have already won. If you’re too stupid to see that, please ask for a refund from wherever you got your reducation, because you learned nothing. In a free and open society you get some good and some bad and you are not allowed to define those words for others. You let the ideas exist so that each person can define them.


    And I sincerely hope when someone punches you, or shouts you down, or takes away your platform by hacking your website, you are equally tolerant of their goals and tactics. Idiots.




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    The U.S. Government Did Not Revoke Khizr Khan’s ‘Travel Privileges’

    March 8, 2017 // 19 Comments »



    Here’s the anatomy of a fully made-up “news” story, abetted by a media that could care less to check any fact as long as the story feeds the preconceived notions of its audience.

    You remember Khizr Khan (above), the guy who used his soldier son, killed in Iraq, as a prop at the Democratic National Convention to criticize Trump’s immigration policy and help elect Hillary Clinton? Well, like all good Americans, Khan exploited his exploitation into a minor media career. He was booked to talk in Canada by a speaker’s bureau called Ramsey Talks. A decent gig — tickets ran $89 a seat.

    Then Trump supposedly struck. Ramsey Talks released a statement on its Facebook page saying:

    Late Sunday evening Khizr Khan, an American citizen for over 30 years, was notified that his travel privileges are being reviewed. As a consequence, Mr. Khan will not be traveling to Toronto on March 7th to speak about tolerance, understanding, unity and the rule of law. Very regretfully, Ramsay Talks must cancel its luncheon with Mr. Khan. Guests will be given full refunds.

    Mr. Khan offered his sincere apologies to all those who made plans to attend on March 7th. He said: “This turn of events is not just of deep concern to me but to all my fellow Americans who cherish our freedom to travel abroad. I have not been given any reason as to why. I am grateful for your support and look forward to visiting Toronto in the near future.


    A major Canadian broadcast outfit (CTV) ran the story based solely, only, 100% on that single unverified and unsubstantiated Facebook posting, saying the Trump administration interfered with Khan’s “travel privileges” to prevent him from speaking, because of some sort of revenge for Khan’s statements this summer.

    The Internet then, as expected, lost its shit.

    Twitter boomed, and within an hour or two the story appeared in the New York Times, LA Times, Boston Herald, CNN, Maddow, and across the globe. Every one of those stories was based on nothing but that Facebook post. Reuters, the only outfit that apparently bothered to commit a minor act of journalism and reach out to Khan, was told by him no comment. All of the web’s many experts on stuff became experts on passport law, immigration, naturalization, and visa lore. Amazingly creative theories of “denaturalization of Muslims” were concocted out of thin air.

    The only problem is that none of this is true. It in fact could not be true.

    The U.S. has no law that deals with reviewing or rescinding “travel privileges.” No U.S. government agency calls people at home to tell them their travel privileges are under review. If, in very, very limited specific legal instances a court has ordered someone not to travel, their passport itself can be revoked in response to that court order. The U.S. Customs and Border Protection people, the State Department, and the government of Canada all eventually denied doing anything to Khan in any way or having anything to do with this story, so please stop calling them to ask.

    Khan, or Ramsey Talks, seems to have made this all up.

    Now, funny thing, this made-up story about Khan being denied travel hit just as Trump’s new Executive Order (“Muslin Ban 2.0”) was announced. Gee willikers Biff, you think this tale of a Muslim patriot denied travel was timed for that news cycle? Maybe so that when Khan’s speech is rescheduled tickets will be more expensive and sell out faster? Maybe so Khan and/or Ramsey Talks could get a zillion dollars of free publicity? Hah hah, coincidence, amiright?

    As I write this, not one of the media outlets that ran with the false story has published a correction, update or apology. The Washington Post has semi-backed away, but left itself plenty of wiggle room in not admitting it was wrong.

    The problem is if you Google Khan’s name, the story is still flowing around the web, and is now being cited in unrelated stories as “proof” of whatever else the writer believes is fascism and the end of freedom in America.


    BONUS: A source inside CBP tells me that what is most likely to have happened is that Khan’s membership in one of the expedited processing programs was set to expire. These are programs run by private companies that gather information and submit members’ names for background checks to allow them to use expedited processing lanes at the airport when re-entering the United States from a foreign country. Khan/Ramsey likely confused, by accident or on purpose, the expiration of that membership with some nefarious U.S. government action, and the media took it from there. Khan’s only privilege under fire was that of standing in a shorter line at the airport.



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    The Four Stories You Can Write About Trump

    March 6, 2017 // 27 Comments »



    It is nearly-impossible to write anything that purports to be objective about Trump. No one wants to read it. Instead, there are only four basic stories you can do.


    The Apocalypse

    These stories tend to appear in both the mainstream press (New York Times, Washington Post, cable news) and on left-of-center smaller outlets featuring Michael Moore and Robert Reich. They have headlines and indeed whole paragraphs announcing the end of democracy, the fall of the republic, destruction of the press, and so forth.

    Many have references to Hitler, or, if the writer has checked online, the burning of the Reichstag and WWII Japanese internment camps. If the writer does more than a Google search, you’ll see references to Weimer. The stories need to be more hyperbolic than the last one, and are usually framed around one Trump event inflated into a “historians will someday note this as a turning point, assuming they will still be allowed to write freely.”

    So, CBP wrongly detains someone = brownshirts are on the march, today the airport, tomorrow maybe in our home? Fear the 2 am knock on the door.

    As a bonus, these articles will often use dramatic phrases like “a clear and present danger,” “be afraid. be very afraid,” and end with an out-of-context quote from a Founding Father such as “The tree of liberty without our vigilance will be upended by an orange man as darkness gathers.”


    Related: Trump is Stupid and Evil

    These stories are basically a personal variant on the The Apocalypse, and are a staple of NYT Op-Eds by guys like Charles Blow, everything on Rawstory and HuffPo, and late night comedy shows like Colbert.

    Trump has small hands, a joke about Cheeto Jesus, homophobic jokes about Putin and bromance, a spell-checker typo blow up into proof of something sinister, that sort of thing. They’ll go as far as comedians calling Melania a whore and the Trump kid a ‘tard, followed by an apology if the Internet blows up. They also run as Tweets and Facebook memes that say Trump is mentally ill or has syphilis. Throw in a favorite failed-as-a-businessman tale.

    A lot of these stories are based around leaks from anonymous sources that are little more than gossip from interns, such as “Trump is said to chew on the ends of pencils, which many aides claim is embarrassing to the nation.” Look for headlines that have colons, such as Revealed:, Sources: or Report: and passive constructions such as “I’m told…”



    Trump is a Savior

    For anything positive about Trump, you have to look w-a-y right, often deep into the dank corners of the web where true racism and hate lie. The more centrist right media seems to spend most of its time debunking stories about The Apocalypse and Trump is Stupid and Evil, or arguing the meaning of fake news.

    Hillary Fan Fiction/Obama Revisionism

    These are really the sad stories. They will repeat that Hillary won the popular vote you guys, how she would have won except for Bernie, Jill, Stein, Comey and Putin, and/or focus on all the reasons Trump will be impeached (Emoluments Act, Russia, 25th Amendment, a military coup, Chinese buy-out, etc.) They are all textbook examples of denial, lead by once-sane academics like Lawrence Tribe.

    Right alongside Hillary fan fiction lurks Obama Revisionism. The last eight years were all unicorns and rainbows, with free healthcare falling from the sky while we all lived in racial harmony and celebrated each other’s’ diversity with vegan, gluten-free treats handed out to undocumented aliens at Whole Foods by smiling refugees.


    FYI: I have given up, and get the majority of my news now from watching old Spongebob episodes. Trump’ll get my NetFlix when he prys it from my cold dead hands.



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    Free Speech Fascists Like Me

    February 27, 2017 // 52 Comments »



    For espousing the same beliefs about the First Amendment I did on November 8 (everyone speaks always, unfettered), I am no longer a patriot.


    Many of the groups and people who supported me then, and once supported the First Amendment absolutely, now call me a nazi, fascist, enabler, racist and normalizer.

    Because we live in odd times, and because too many people only read a sentence or two before losing their sh*t, I feel the need for a disclaimer. I am not now, nor have I ever been, a nazi, fascist, enabler, racist or a normalizer. I do not like people who are those things. I didn’t vote for Trump and I think he’s a lousy human. ‘Kay?

    But I very much am concerned about people in a nation whose core value should be free speech, people who claim they are resisting nazis, fascists, enablers, racists and normalizers, acting like them. Because anyone who uses violence to stop someone else’s speech is a fascist. Also, a bully. Have a look:




    So there’s the video. A guy is exercising his First Amendment right. He happens to be doing that by flying a Confederate flag, a symbol of hate. But what anyone is saying is irrelevant to how the concept of speech works. Indeed, the concept exists not to chat about the weather, but for the hard stuff, the offensive stuff. Including Confederate flags.

    If you take away the flag guy’s rights by violence you accomplish nothing but setting up the next retaliatory round where someone takes away your rights by violence. And if you can’t see where that leads, then you are far too stupid to be allowed outside on your own. It doesn’t matter if you think you’re on the barricades, or fighting Hitler, or #resisting something. You want your First Amendment rights, you accept others have them, too, and you are not the one to judge instead who is allowed to talk.

    Yet multiple media sources said things like “It is as good and as just to tear down Confederate flags as it is to punch Nazis.” The idea is if someone on the “right side” determines someone else’s speech is wrong, then it is “OK” to silence them with violence.

    You want to worry about authoritarianism? It always includes shutting up people you don’t want to listen to.

    I never, ever, in my life thought the right to free speech would be challenged so harshly from the Left. It makes me very sad, and very worried.


    BONUS: Inevitably some idiot who recently read something online will bring up “hate speech” as not being allowed under the First Amendment. Explained here. That link also covers the idea of speech that might incite a riot, another standard excuse for busting someone’s right to speech.

    Inevitably some idiot who recently read something online will argue the “OK to punch nazis” line. Explained here.

    And speaking of free speech and flag burning, here’s that explained, kids.

    For that guy who will inevitably write in, yes, of course I know the First Amendment applies to government, not officially/legally to some guy in the street who jumps yellow tape. But for America to stay away from fascism, we cannot dismiss the broader concept of unfettered speech and the exchange of ideas. We all know you would not be making the same back-of-the-classroom legal argument if the Confederate flag guy beat up a POC to silence him, admit it.

    The newest catch-phrase to use as an excuse to deny someone the chance to speak is “platform,” as in “The First Amendment doesn’t require us to give him a platform to speak at our school.” Well, sure, but of course if you only allow one line of thought to be spoken out loud, you are indeed denying speech. You just make it seem nicer to yourselves by using the word platform.

    Let them speak, all of them.



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    The Responsibility to Leak, and Leaking Responsibly

    February 23, 2017 // 96 Comments »




    I know you’re out there, and this is for you. What you’re weighing, it’s not as easy as you think. But it can matter more than anything else you do with your professional life.


    Washington is awash with leaks; if they were real water we’d all drown. The American people feel they are seeing the inner most workings of government, and it is not pretty. Powerful people are falling. Our democracy may be at risk. President Trump and his team have no intention of watching from the sidelines. There is a struggle going on, and people are taking sides.

    So if you’re a government employee sitting in a cubicle in Washington DC, what are you thinking? To leak or not to leak? Will you blow the whistle?

    I know more than a little bit about your decision. With 21 years of service at the Department of State, I was assigned to wartime Iraq in 2009. For me, when the waste, fraud, and mismanagement of the reconstruction program under Presidents Bush and Obama reached the limits of what in good conscience I could participate in, and after failing to see any change going through channels, I blew the whistle, via a book, We Meant Well. The State Department in response flirted with sending me to jail, tried to fire me in part for “lack of candor” in refusing to participate in their investigation, and in the end pursued me into an early retirement.

    I learned the decision to contact a reporter, or otherwise to blow the whistle, is a hard one. In the end you have to ask yourself one seemingly simple but actually complex question: is the juice worth the squeeze?

    As for that squeeze, an anonymous leaker must expect people to come looking; you’re taking on the President of the United States after all. If the past (including my case) is any guide, much of the action that follows a disclosure will be aimed at the leaker, not the information leaked. You will be scared going in, but the fear should make you cautious. You will need to learn what intelligence officers call tradecraft; you may end up trying to hide your actions from them. Whatever journey you embark on, fear will travel with you.

    There are real things to be afraid of. Following the example set by the Obama administration, someone exposing classified information may be subjected by the Trump administration to Espionage Act prosecution, with the near-certainty of Federal prison time if convicted.

    Think you’re too unimportant for an investigation? Safe because your leak was, as in my own instance, nothing remotely classified? Maybe. But the most effective way to silence the next person in your position is to have them afraid to even try. Your now-adversaries would love to get the high level leakers, but won’t care too much if the heads on display come from the lower ranks instead. Either way the point to those others out there still considering leaking is made.

    The administration will fight back in other ways, too. You are an anonymous source, an unnamed official, someone “with knowledge of the discussion.” It’s your word against that of a person who can appear on a major news program to offer up information (real or not) that discredits yours. Americans tend to assess truthfulness these days in line with preconceived beliefs, and that’s running about 50-50 on any given day in the Trump Era.

    That’s the squeeze for a leaker. Now the juice.

    You may not have the evidence of a still-smoking gun to “bring down” anyone. But you can contribute to a larger story, supply a missing puzzle piece, or nudge an investigative process forward. A big mosaic is made of little pictures. What you know likely does matter, and the people have a right to know what matters about their government. Who besides someone on the inside – you – can tell them?

    Things can change significantly if you decide to blow the whistle, as opposed to leaking. While there are legal definitions, the key difference is a whistleblower purposely gives up their anonymity; Edward Snowden is the best known example. The risks scale up geometrically after that – you are saying “here I am, come after me.” Legal protections exist, including the Whistleblower Protection Act, but they do not snap into place easily. You will need a good lawyer well before you blow any whistle.

    The returns for blowing the whistle can be significant, and it was this calculus (plus a dollop of ignorance I’m afraid) that lead me away from leaking into a full public disclosure. Standing up by name, you earn credibility against attacks ad hominen, and for the information you supply. Your presence encourages and empowers others. Your motivations are on display; you are more easily seen as a patriot than a partisan. And you aren’t just passing on information. You are bearing witness, at risk to yourself.


    As one who has been there, my counsel is to think practically, not emotionally. Think larger than yourself, and think larger than political gossip. If I had the chance, I would remind every potential leaker or whistleblower their oath of service was to the Constitution, not to any particular leader or party, neither the one in, nor out, of power. So act on principle, not ego or revenge or ambition; the power to disclose carries with it a responsibility to act ethically. Your conscience will then be bulletproof, something very important as you will spend a lot of time in there. No guarantees, but an ethical disclosure may be easier to defend as well.

    People of conscience, leakers and whistleblowers alike, we’re made. We’re made by what the government does and fails to do, and by what we witness. If government acted as the Founders expected it should, we would not be here, like mushrooms that didn’t pop up on a dry lawn.

    It’s what all of us share: a love of country, if not necessarily its politicians. It’s in your hands to be on the right side of this struggle. One courageous act of conscience can make a difference in an America gone astray. That will be your anchor on an unsettling and fearful journey. I made a choice to be a whistleblower. I’d do it again. To me, the juice was worth the squeeze. You?




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    We Could Have Had Biden

    February 20, 2017 // 67 Comments »




    Joe Biden would have beaten him.


    Think about why Trump won. He was by sheer accident the more or less least worst choice. Despite his behavior, he kept failing upward, right into the White House.


    A large portion of this election was about income disparity, cultural and economic displacement, a sense that the country had abandoned too much of its center. I don’t know how many of those people voted for Trump per se, but some percentage voted against for Hillary Clinton (spare me the popular vote bit, we’re dealing with the reality of the system which was here in 2016 and will be here in 2020.)

    Biden has always been able to speak to many of those who voted for Trump. His roots are in Pennsylvania, his background blue collar. His son served in uniform. He has dealt with personal tragedy and understands it in others. He talks and displays real empathy in a way Hillary could never do, and embarrassed herself when she tried. Biden in the Midwest would have exposed Trump as a fake populist because Biden would have come across as a real one.

    A significant number of voters “like” or dislike a candidate; some of an election is a popularity contest, and everyone likes and trusts Biden. Clinton could never get past herself on that. She was the kid on the debate team; Joe was class clown.

    Think Comey hurt Hillary somehow? Think the Democratic National Committee emails showing Clinton’s dirty tricks against Bernie hurt her? Think the Clinton Foundation, quid pro quo, pay-to-play, the server and coverup, Bill’s sexcapades, Huma, Weiner, health questions, maybe even Benghazi, think any of that cost her votes (it did)? Well, none of that would have touched Biden. Most of America still wouldn’t know who Comey is. Putin could have leaked all the emails in the world and… nothing. Trump could not have played off hiding his tax returns with Clinton hiding her Goldman-Sachs speeches.

    Trump would have had to talk policy and issues. Nothing for Congress to investigate, no scandals. Nothing for the right wing media to feed on. Nothing for the left wing media to have to keep defending.

    Meanwhile, the strengths Clinton had — experience in government, claimed foreign policy skills, whatever good will could be inherited from Obama — would all be there for Biden. Without any baggage. Biden was in the room when bin Laden was killed, too, for whatever that is worth.

    It’s likely Biden would have run a more respectful campaign against Bernie than Clinton did, as he would have been driven, but without being obsessed by fear of failure. He might have run a positive general election campaign, not one that was a continuous flow of hit pieces on Trump that left voters unsure what Hillary had to offer herself.

    That might have brought more Bernie voters out who chose instead to stay home on election day. Biden would have been able to choose a vice president such as Elizabeth Warren that would not have been seen inside the party as a threat to Clinton. Biden, himself a once forever Senator, might even have chosen Bernie as his VP. Imagine a VP choice that inspired, instead of a cynical move like disposable drone Tim Kaine selected just to (barely) grab Virginia’s electoral votes.

    There was much talk abut why Biden didn’t run, centering around the death of his son Beau. It was a major factor. However, sources are clear that pressure was applied to Biden the old-time party man to stand aside, that this was Hillary’s turn, arrangements had been made, deals done. Biden could have whatever else he wanted (other than VP…), choice of cabinet jobs, an emeritus position as ambassador somewhere, appointment to a presidential commission created for him, just name it, Joe.

    Biden said post-election “The family was broken, and I was more broken than I thought I was. How broken? I don’t know what I’d do if I was in a debate and someone said, ‘You’re doing this because of your son,’ I might have walked over and kicked his ass.”

    And in that moment the election would have been over.

    Many Americans outside the coastal media were unconcerned about an old tape of Trump being crude, and did not see his statements as “sexual assault.” They were skeptical about decades old allegations of sexual harassment that seemed to appear on cue just before a debate. But you don’t mess with someone’s dead son, a veteran at that, and had Trump insulted Beau and Joe Biden slugged Trump live on TV, every American who supported Trump would have understood what a bully was and every one of them knows what to do about bullies.

    In the end, you win this way:

    — Pull votes away from the other guy (blue collar Biden)

    — Secure your base (experienced, Obama-Dem Biden) and

    — Don’t lose voters (baggage-free Biden.)

    Clinton failed on all three counts, and it is now President Trump.



    The point here is not just a thought experiment, a political argument to hash out over beers. There’ll be another election in 2020, and Trump will run against another Democrat. If the Democrats can’t understand what election they are running in, and can’t objectively weigh out their candidates’ strengths and weaknesses instead of assuming succession based on internal party logic, they will lose again to Trump.



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    A Brief History of Hope (and How Trump Won)

    February 16, 2017 // 61 Comments »




    Nobody has a lot of hope left, so we got Trump.


    I’ve taken to doing this thing Kurt Vonnegut used to do, semi-randomly calling people I haven’t spoken to for awhile. No emails, a phone call, the numbers I can track down online. The phone rings on their end and announces I am demanding to talk with them. It’s selfish. I want to know what’s going on in America. I ask them that.



    The way things work, these people have dispersed themselves all over America. Most of the people I speak with are in their 50s, nobody younger than about 35. They are representative only of “people I still sort of know.” The whole thing is about as scientific as the smell off a pile of dog crap.

    I’ve found nobody with a lot of hope left. They seemed to have used it up.

    I haven’t run across anyone who voted for Trump who said “Well, that’s that, time to sit back and watch things get fixed.” A lot of these people voted for Obama, at least in 2008, and not because he was going to be America’s First Black President but because they really believed in his promise of Hope. The Bush years had worn out. We stayed scared enough, but then no post-9/11 attack came, the wars dragged on, and most of the stuff that was supposed to make us feel safe just ended up somewhere between inconvenient and bullying.

    People have no sense of being in control of their lives. They know they have a lot less money than they used to, they don’t see their kids doing better, but they see on TV that some few seem to have most of everything. They can figure if they have less and someone else has more where that more came from.


    “Hope” means different things but it one way or another meant change for the better and that didn’t happen. Depending on who you were and where you lived, things stayed about the same or they got worse. The news said another 20,000 jobs were created but they still worked at Target. The news said solar and coding and Internet of Things and self-driving cars and they still made $7.25 an hour when their grandfathers made $23.50 with benefits. In 2017 they could not afford health insurance, stuck between not having enough money to buy it and not having too little enough to get subsidized. And they know health insurance and healthcare are not the same thing, as in high deductibles and Bronze plans that never seemed to cover things, or cover them fully. They know that, and deeply resent anyone who tells them it’s not really that way and they are better off.

    You can’t tell a person soaked in water they aren’t wet.

    Having been fooled, prepped for years, they looked at the 2016 election and saw a choice between a guy who was so cynical about providing hope he didn’t even bother to offer anything beyond a vague exhortation to be great on a cap, and a women who didn’t even bother with that, just a selfish demand for affirmation, “I’m With Her!” going through the motions enroute to what she thought was hers already.

    They knew Trump was a bully, a cheat, someone mean, and did not need to be told. They resented being seen by Clinton as too dumb to get that on their own and needing a lecture. Same now for the endless late night mockery and Washington gossip by “sources” that passes for news. Nobody cares about Nordstrom’s or who the spokesperson is when they’re hungry, and they resent the people who do not get that.

    Economist Thomas Piketty found the share of U.S. national wealth claimed by the bottom 50% of the country dropped to 12% from 20% in 1978, along with a drop in income for the poorest half of America. That level of change will not go unreacted to.

    It wasn’t that most of them hated Blacks and gays and the people of so-called identity politics, it was just that they did not care all that much about them either way. People in smaller places all know about Mr. Saunders the “confirmed bachelor” and while he couldn’t hold hands with his “roommate” around town, really, otherwise, who cares, I’m down to canned tuna and cereal the last week of the month when my food aid money runs out waiting for the first of the next month. Sorry equal rights for everyone isn’t in place, but let’s fix some other things first. We’ve all taken a beating.

    You don’t have to like it, but that’s what a lot of people think. And unlike a fair number of other voting blocs who need to be made to show up on election day, these people turn out. They don’t need buses, they drive themselves.

    So to hell with it they said, I’ll vote for the guy, being fooled knowing I’m being fooled. It doesn’t matter if Trump pisses off the Prime Minister of wherever. My kid will fight that war, like he fought the last war, because he can’t find another job and joins the Army, and Cory Booker’s nephew or niece won’t and if they does somehow join the service they’ll be a pilot or work intel or some other clean hands job and won’t be up on the line. Can my other kid go to college? Maybe, but she’ll eat debt for 20 years for a throwaway degree that isn’t worth much. We want our daughters empowered because we know that offers them a good life, but we first want them fed and employed.

    We were promised that. Didn’t happen.

    None of those people are going to have their minds changed by pussy hat marches or Lady Gaga at the Superbowl which just brings an eye roll from the men and women at the bar, and they don’t appreciate being called racists, nazis and fascists by millennials who have never really met one and fling those words around to enrage each other into shaking their heads at each other. They are unaffected by protests not against some policy, but against the idea that the candidate they voted for won.

    Meanwhile, if someone who is a real nazi or fascist offers the people at the bar even a touch of hope they’ll put up with some of the rest even though they don’t care for it personally. Most people really don’t want to live like it’s the 1950s Deep South again, but they’ll take a cleaned up version of 1969’s economy.

    See, “resistance” is part of the long-failed stay negative Democratic policy, the same one that lost the 2016 election. Find something to be for, Dems, or you’ll lose in 2018 again.



    So if you want to really throw up a wall between America as we want it to be and the America you’re afraid it will become, shut the hell up and create some jobs. Just do that, dump some money out of the pot and build some bridges and highways. Start. People who wear black shoes and white socks don’t really care whether you fund the National Endowment for the Arts as long as you also fund a new water plant for every Flint, and there is or will be one in every state. That’s a big gulp of what stopped real fascism from catching hold in 1930s America.

    But right now people out there are heading toward accepting an awful lot of hateful things because they want to believe someone will help them.

    Every year we wait makes it harder and less likely we’ll get out from under this blue dusk. The party or candidate that can really do this — create some jobs, give people back their pride, allow them to take care of their families, throw out a little hope — will win every election they want to run in.

    We’re not headed into authoritarianism per se. We’re headed into giving up. That’s the demon that’ll destroy us. There’s the weight of emptiness out there and something’s gonna fill it up.



    I know I can’t keep “we,” “you “and “they” separate in the essay above and after spending a lot of time trying to fix that I realized it was meant to be that way.




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    Dark Threads of Immigration in America

    February 8, 2017 // 90 Comments »



    For those who say “This is not who we are,” well, look again. It all seems to be exactly who we are and have been.

    President Donald Trump’s executive order banning travelers, immigrants and refugees from seven predominantly Muslim countries is only the latest twist of dark threads that have always been present in America and its immigration policy. The executive order is not unprecedented. It is evolutionary, predictable, nearly an inevitable step.



    The Seven Targeted Countries

    Begin with the targeted countries, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. America has bombed or used drones and special forces in six of them, and attacked the seventh with cyberwar. The Muslims there have suffered far in excess of a travel ban at the hands of America. Indeed, many of the refugees leaving those nations became refugees as a result of American war-making, often under the guise (Libya, Iraq, Syria) of “protecting” those people from an evil dictator, some Sunday morning talk show version of genocide, or a red line few outside the White House could see.

    The countries in Trump’s executive order have long been singled out for special treatment under American immigration law.

    Though Trump in his crude style talks about “extreme vetting,” such a process has been in place since the George W. Bush administration, continued under Obama, and is operating today. It has a nicer, if somewhat Orwellian name, “administrative processing.” On the list of nation affected: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. People from these nations, and a few others, go through an alternate visa processing procedure that delays their travel. The process involves various intelligence agencies vetting the traveler. Some applications are left to pend indefinitely, a de facto travel ban.

    The seven nations also were a part of the Bush-era Muslim registry, known as NSEERS.

    Trump’s seven nations also appear on an Obama-era list. That list, the equally Orwellian-named Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to persons who even once visited the targeted nations. So, for example, a British citizen otherwise eligible to enter the United States without a visa must instead appear for questioning at an American embassy abroad if she, for any reason, even as a journalist, stepped foot in Iran.

    That nations long-held to sponsor terrorism such as Saudi Arabia and Pakistan are not on Trump’s list is not surprising. They haven’t appeared on most of Bush’s or Obama’s lists either.



    Refugees Not Welcome

    Following Trump’s directives aimed at refugees it quickly became almost mandatory for celebrities and pundits to come up with a personal story or two about their family’s immigrant ties, and preach a bit about the Statue of Liberty and freedom.

    Left unsaid was that the number of refugees admitted to the United States is small compared to many other nations.

    The U.S. admitted a record number of Muslim refugees in 2016, some 38,901 of the nearly “>85,000 total refugees allowed into the U.S. Go back to 2006, and the total number of refugees admitted drops to under 50,000. Though there have been refugee “surges” into the United States such as Holocaust survivors following World War II (650,000 people) and the Vietnamese “boat people” (100,000) after the end of that war, Americans historically feared refugees, not welcomed them. Since 1980, the United States has accepted less than two million refugees overall, and 40 percent of those were children accompanying their refugee parent(s). The U.S. sets an annual ceiling on refugees admitted, currently 85,000. Refugee number 85,001, no matter how desperate her case, must wait until the next year.

    In contrast, among Syrians alone, Canada in 2016 took in about twice as many refugees as the United States. Some 25 percent of the entire population of Lebanon are refugees. Germany expects to admit 300,000 refugees from various nations in 2016, following close to one million in 2015.



    Discrimination by Nationality

    Following the 1965 Immigration and Naturalization Act, 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful to ban immigrants (i.e., Legal Permanent Residents, Green card holders) because of “nationality, place of birth, or place of residence.” The law however allows banning nonimmigrants such as tourists or students, as well as refugees, for almost any reason. Challenges to this are near-impossible. American courts have consistently upheld that they cannot exercise judicial reviewability over visa decisions made abroad in the specific, and more broadly, generally do not extend the protections of American law to foreigners outside the U.S. The Supreme Court has also long-acknowledged immigration law’s “plenary power” doctrine, which generally immunizes from judicial review the substantive immigration decisions of Congress and the executive branch.

    And even though legal immigrants are not banned by nationality or place of birth per se, restrictions on the number of legal immigrants from certain nations are limited to the point of near-virtual bans. For example, the restrictions are such that some Filipino and Mexican relatives of American citizens face a 24 year wait (another Orwellian term, “priority date”) for a Green card. It is not uncommon for applicants to pass away before their turn comes.



    Fear Itself

    However, the most evolutionary aspect of Trump’s executive action on immigration, and the inevitable hardening and expansion of such positions, is the underlying driver of it all: fear.

    The government of the United States, from September 12, 2001 through the present day, has constantly fanned the flames of fear of terrorism. Despite the well-known statistics of how an American here at home has a greater chance of being struck by lightning than dying in a terror act, that following 9/11 only a handful of Americans have fallen victim to acts of terror inside the United States, and despite the fact that few of any terror attacks inside the Homeland were committed by the poster child of fear, the foreign terrorist who infiltrates the U.S. specifically to do harm, Americans remain terrified.

    For over 15 years, three presidents have used fear (they called it security) as a justification for, well, nearly everything. And Americans bought the line nearly every time. Fear of the smoking gun being a mushroom cloud. Fear of terrorists slipping through the net justifying NSA spying on Americans. Fear of more terrorism justifying torture, drone attacks, leaving Guantanamo open, militarizing Africa, having us take our shoes off at the airport, not being able to bring a bottle of water on a plane, no longer being able to enter a growing range of buildings without some sort of security check and bag search, background checks, showing ID, and the No-Fly list. 30 American governors said they’d refuse to accept Syrian refugees into their states if they could.

    Trump’s use of executive orders to accomplish his immigration goals is also nothing new. Both Bush and Obama did the same. In fact, Franklin Roosevelt used an executive order to establish the World War II Japanese internment camps.



    The Ugly Truth

    Of course nothing Trump has done or has proposed regarding immigration will realistically make America safer. That is true, and it is irrelevant. Like much of the security theatre that has become normalized post-9/11, safety is not the point. Keeping fear alive and maintaining the politically-driven myth that government is on the job protecting the Homeland is what matters. Trump knows this, as did Obama and Bush.

    The ugly truth is despite the airport protests, a large number of Americans remain afraid of foreigners and want what Trump did. The ugly truth is there is unfortunately nothing here unique to the Trump era.



    BONUS: Those who focused last weekend on the two Iraqis who translated for the American military in Iraq at great risk to their lives and were detained at a New York airport may wish to read about the decades-long struggle of translators from Iraq and Afghanistan to escape those nations for fear of their lives, and the poor treatment they have received at the hands of now three administrations.


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    I Don’t Think Everything is Different

    January 26, 2017 // 54 Comments »




    I am still not getting the “everything is different” argument. Everything seems sort of the same way it always has worked. Sure, the policies are different, but the process is working the same as always. The system is not breaking down.

    Trump was elected by the same electoral system in place for over 200 years. There have been four other elections where the winner of the popular vote lost the Electoral Vote. Sometimes elections are close. Close doesn’t count, popular vote doesn’t win. That’s just the way it is.

    Trump was elected by people who want him to make changes and he has and will continue to do so, like every other president (ex. Carter to Reagan, Bush to Obama.) About half the country, maybe more, will disagree, as usual. The president’s popularity will go up and down and everyone will argue about the statistical methods used. The same party currently controls the Congress and Executive. Nothing unique, happens often in history. The president will try and fill the courts with judges who agree with him. Political appointees will be seeded throughout government. Business as usual.

    Congress has steadfastly chosen not to pass a law that requires the president to release his taxes, and so Trump has not. So maybe somewhat unique, but seriously, you think you’ll find a 1099 form in there for “Misc Espionage Work, Russia?” A yellow sticky saying “Owe money to China, be nice to them?” The taxes have become a strawman argument, something opponents can throw up (likely forever) and then say “See, he won’t release them!” as proof that Trump has something to hide.

    The press can choose for itself what role to play (so far, it is largely that of Chicken Little.) People will protest, sometimes a lot of them at once. Some policies and decisions will work out better than others. Cabinet members will disagree with the president and either be pulled into line, kept as alternate opinions, or fired.

    Any panic that Trump will start a nuke war is based on nothing but fear based on fear; hell, if it makes you feel better, he won’t start a nuclear war because it’ll be bad for his business. On the other hand, the last two presidents started and/or continued plenty of wars. And hey, maybe some reassuring news, Trump has made his first drone strikes, on Yemen, continuing Obama’s policy. He plans to keep Gitmo open, just as Obama did for eight years. He wants to restart torture, like Bush did and Obama silently allowed to pass without prosecutions.

    The only significant thing that seems new is that yes, absolutely, Trump is crude in his manner and speech. We’ll agree is is a pretty lousy human. But he’s in the White House now and that reality has to be dealt with as a reality. If you feel better calling his wife a classless whore and his son autistic, sad for you, but whatever. People are welcome to hate Trump for the person he is, but that is not the same as being terrified of everything that might happen and concluding the Republic is finished. Most of the rest seems stuff people just don’t agree with and which would not have changed under Clinton and they can’t accept that.

    What does seem new is the scary willingness of people, in and out of the press, to make giant leaps of terrified pseudo logic. For example, the people who clapped for Trump at his CIA speech were White House staffers. not CIA –> the CIA hates Trump –> Trump will not accept information from the CIA and/or they won’t provide it –> another 9/11! Seriously?

    The one thing that does seem unique this election is the continuing efforts to believe somehow Trump can be made to “un-win.” So we had Jill Stein’s failed campaign to recount critical states, followed by Michael Moore’s, et al, failed campaign to sway so-called faithless electors to not vote Trump, followed by the IC’s failed campaign to scar Trump as a Russian super agent, followed by the lame hope Congress would not certify the election results, plus Meryl Streep and Madonna’s calls to Les Barricades. Now it is on to the Emoluments Clause with the idea that that will lead to Trump’s impeachment.

    Quick note: since the Republicans control the House for at least two more years, there’s not going to be any impeachment for at least that long.



    Disclaimer: It seems these days any article that does not simply insult and criticize Trump is deemed to be pro-Trump, and, often by extension, racist, sexist, etc. I do not like Trump, I disagree with most of his positions (I am no TPP fan, and I like the idea of disengaging with Syria and negotiating with Putin as needed) and certainly did not vote for him. Please touch in with reality and read critically if you can. Thanks!



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    Punch Early, Punch Often – Smashing the Far Right

    January 25, 2017 // 30 Comments »

    NOTE: The following is a rebuttal to my own article explaining how stopping speech you disagree with via violence is wrong. I am reprinting the rebuttal in its entirety and with permission. I received a lot of comments on what I wrote, and this one below is pretty typical, albeit without as much profanity and personal threats/insults as the others.

    Jesus H. Jones,this infernal debate continues. Peter Van Buren, possessor of such a nice Aryan name and a defence so strident of Nazis right to free speech that he will probably not be in danger of imprisonment, execution or genocide if they win, has written a piece in The Nation as a riposte to Natasha Lennard’s article in the same publication.

    Van Buren’s argument comes from the standpoint of the first amendment to the constitution of the USA, the one that protects, on paper anyway, the right to free speech, freedom of religion and freedom of the press.

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Let’s stop here for a second and consider the words of that amendment. They look very nice, don’t they? But there’s a reason I said “on paper anyway”; Look closely and read between the lines. You’ve noticed haven’t you? First amendment rights have routinely been cast aside when they clash with the interests of the US American ruling class. People who agitated against the first world war were imprisoned for as little as printing pamphlets and newspapers or speaking in public, during the nineteen forties and fifties, people suspected of being communists were brought before the House Un-American Activities Committee, and now Trump wants Muslims to have to sign a register. So much for rights.

    Poor people too have ‘first amendment rights’ but rarely get to use them in the way the Van Buren is advocating for Neo-Nazi mouthpieces. When was the last time you saw someone from the slums of Detroit being interviewed about their political views on national television or publishing pamphlets or writing newspaper opinion pieces? I am reminded of the words of Anatole France in Le Lys Rouge, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread.” The first amendment to the US constitution protects the right to free speech for rich and poor alike, but that means nothing to someone living in poverty, or someone being burned out of their home for being the wrong colour or for practicing the wrong religion.

    In the article, Van Buren says that if you condone the act of punching a Nazi then you must condone the act of ripping a hijab off a woman’s head. That he considers these two things equivalent speaks volumes of the ‘moderate’ tendency to empty acts, and indeed words, of their meaning. Ripping a hijab off a woman’s head is an act of oppression. It says that this woman, who has said or done nothing to threaten anyone is a legitimate target for hatred and violence. Punching a Nazi on the other hand, is an act of self defence. Nazi’s are not just using words to get their point across, they are organising physical violence against people of colour, Muslims, LGBT folk and left wing radicals; They are actively threatening the lives of people who are different or who disagree with their world view. Their world view is to eradicate freedom in it’s entirety for the vast majority of human beings. That’s why they should be physically confronted, that’s why their movement must be smashed before it can wreak too much havoc.

    He also reduces the fight against the Nazis in WW2 to a “70 year old struggle between nation states.” No doubt, the entry of various states into war against the Nazis was prompted by threats to their Imperialist hegemony – in particular the USA entered the war because of the Japanese attack at Pearl Harbour, but people fought in their millions against fascism, from well before the war in Europe broke out, specifically because of what Nazism and Fascism represent – midnight for the human race, the victory of unreason over reason, racial nationalism, anti-communism, or as Orwell put it “a boot stamping on a human face forever.” (Orwell meant authoritarianism in general – both right and nominally left).

    If we don’t want to relive the horrors of Nazism, the racial laws, the genocide, the stamping out of all political freedoms, not to mention the war, that ravaged Europe in the mid 20th century, it is necessary to stamp it out in it’s infancy. It is a threat across the globe, here in Ireland the far right is small, but there is larger minority among us who will flock to them if they feel it is safe to do so. Until now they have feared to raise their heads above the parapet, and this is a good thing. When white nationalist movements have tried to go public, they have been physically beaten back. These actions protect the freedom of the vast majority of humanity. But now, in the wake of Brexit and Trump’s victory, the racists, the authoritarians everywhere are raising their voices. The comment threads in online publications are a cesspool of embryonic fascist thought. It only takes a small breakthrough for a far right organisation to rally these people behind its banner, and the likes of Peter Van Buren, and our own Irish liberal establishment, who enjoy debating fascists to prove their intellectual superiority, make those breakthroughs more likely.

    In Britain, France, Germany, Austria, Greece and the USA, the far right is a tangible threat to the freedom of the vast majority of humanity. Constitutional rights won’t stop them, only an organised anti-fascist movement that is well organised, prepared to take the fight to the fascists, to snuff out their ideas in their infancy and keep fighting until their movement is back in the dustbin of history where it belongs. We will be harshly judged by the future generations if we let them rise again.




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    Should We Punch Nazis in the Head?

    January 23, 2017 // 76 Comments »



    No, we should not.


    Condoning, applauding or giggling over the idea of punching people in the head whose political positions, however abhorrent, we don’t agree with is so wrong I am not even sure why it is necessary to talk about it. However, given the events of this weekend, it seems we have to talk about it.

    “Is it OK to punch a Nazi for what he said?” is a question bouncing around the media and the Internet after an attack on Richard Spencer following the Trump inauguration. Spencer created the term alt-right. On video, he was explaining the meaning of Pepe the Frog, a silly cartoon figure somehow adopted as a mascot by the racist, far-right fringe movement Spencer promotes as anti-immigrant, anti-Semitic and anti-feminist.


    The punch was captured on video:



    There are over 4,500 comments on YouTube alone, and most condone the punch. The most popular format is to say “I don’t condone violence BUT…” and then go on to condone violence. Another popular comment is to mention Hitler, WWII and the defeat of the Nazis, and somehow see the video as a part of that 70-year-old global struggle fought between nation states.

    The main thrust of commentary is that violence is now justified as a response to speech by the right some do not care for. More than a few people have suggested punching someone in the head is in fact a form of protected free speech itself, and others seem to think whatever they label as “hate speech” is a crime. Others mouth stuff along the lines of “the end justifies the means.”

    A popular meme is to put different songs, many calling for violence themselves, behind the punching video. Jon Favreau, a former speechwriter for Barack Obama, tweeted “I don’t care how many different songs you set Richard Spencer being punched to, I’ll laugh at every one.”


    Where to begin?

    — If violence against those exercising their First Amendment rights (speech, religion, etc.) can ever be condoned, why wouldn’t that also condone tearing off a woman’s hijab, or lynching someone? See how the “violence is justified” argument can work?

    — There are no laws against hate speech. Details here.

    — Punching people is not a form of protected speech. Expressed legally in a number of ways, Supreme Court Judge Oliver Wendell Holmes stated “The right to swing my fist ends where the other man’s nose begins.”

    — Free speech protection covers all the things people want to say, from the furthest left to the furthest right. You can burn a flag, display a nude body, fill a fish tank with urine and call it art, put on a KKK uniform and march past a Black church, and say whatever Richard Spencer was saying. It means I can write this article.

    — The First Amendment and the broader traditions of free speech are there to protect the most challenging awful mean terrible hateful racist sexist anti-American garbage people can spew out. The protections are not there to cover the easy stuff most people agree with (though they do.) That is the whole point.

    — The ACLU has defended the right of both Nazis and the KKK to speak.


    It saddens me greatly to see even one person suggest violence as a proper response to the exercise of our precious right to free speech.

    It saddens me even more when everyone of us cannot see thinking you are opposing fascism by beating up those who ideas you disagree with.

    John Lewis, Barack Obama, hell, any Democratic politician, waiting on you to denounce this. Also, everyone on Twitter and elsewhere saying I personally support genocide, is it possible for you to understand I support the concept of free speech in its purest form, and none of that implies support for any specific position, from naked art photos to Holocaust deniers to the films of Jerry Lewis. I am simply astounded how many people are unable to distinguish between support for speech itself from support for what someone says. I expected this from the right someday, am gobsmacked that it hit me from the left. Sigh.






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