• Archive of "Democracy" Category

    Thanks, and Goodbye

    August 13, 2017 // 54 Comments »

    I’ll save someone the time typing in the Comments section — yes, yes, I won’t let the door hit me on the ass on the way out.

    I’m going to take a break with this blog. I may post here and there when I get bored, I may rerun some old things, I may do nothing at all. But after some six years and over 2,000 posts, I’m gonna do something else. Not sure just what yet.

    The reason is simple: the Internet has become too boring and too toxic. It is no longer a matter of having a thick skin, it is a question of why bother.

    The past election finally broke the idea of the informal interchange blogs thrive on, as it broke journalism. And as it apparently caused most of America to lose its mind.

    Partisan reporting devolved into partisan facts; for example, though the basics are black and white in how the government’s document classification system works, the mass of media allowed itself for over a year to believe that Clinton had no classified material on her email server because someone retyped things without the SECRET headers, then spent months telling everyone even if she did that did not matter, even after it did. There are plenty of other examples. For example, a large number of Americans now believe, based on no real evidence presented yet so far, that our government is literally controlled from Moscow. But mention the idea of a Deep State and you’re labeled a nut case conspiracy theorist. Sure.

    Journalism used to involve sources, people and documents — facts. Reporters told us how they knew something so we could judge the validity of the reporting. If the source on a new strategy toward India was an intern who quit last year versus a senior national security advisor, we could judge. Now, major stories are near-exclusively sourced anonymously, and often include second and third hand leaks and rumors, all jumbled together as fact. As long as the main story point supports a given bias (Trump is bad) most people seem to play along. As the old joke goes, that’s not reporting, it’s typing.

    Outside of some pretty dank hyper-conservative media, it is impossible to write about Trump except to ridicule him, and even that must be done in the most juvenile ways to pass muster. I can’t write about a decision, or compare something today to actions of the Obama administration, unless I also call Trump a petulant fool, a man-child, orange Cheeto, and state he is planning to start a war with China, Iran or North Korea this same day. Anything less than that and I am a fascist, nazi, rethugblican or just plain stupid. History has been rewritten on the fly to deify Obama, and even George W. Bush has seen a bit of a makeover. Anything other than overt attacks on Trump are labeled as support. There is nothing left to write other than grade school level insults.

    There is no point I can see anymore in researching and writing an explainer on how something like the Emoluments Clause works, for example, when the response is inevitably something like “You suxxxx, go f*ck Putin, stupid white man!!!!”

    I also see no real progress being made now that everyone is empowered to insult everyone else. It is not “resistance” to call me names for being straight and white. Legitimate political criticism of a politician is instantly labeled misogynistic. Or homophobic or sexist or racist.

    Oh yes, and I’m threatened by all this, I’ve heard a million times. Friends, I’ve been shot at, mortared, told I might go to jail under the Espionage Act, made to believe the government might seek to bankrupt me in legal costs, stuff like that. Trust me, your Tweet is not a threat. It’s just tiresome, repetitive, and unoriginal.

    The final straw for me is the attack on free speech from the left, the growing sense that the use of violence is an acceptable tool to silence offensive speech as long as you can say without irony your violence is the anti-fascist kind. Progressives, if you can’t see the wrong in using fascist techniques to fight fascism, I can’t help you. But God help all of us.

    So anyway America, enjoy. I’ll be over here in the corner with a water glass of tequila, watching as we tear ourselves apart, and wondering how long 300 million people can keep the lights on with a near-complete lack of civil discourse. Then again, I always was a big Mad Max fan.

    See you later.

    (Sound of the door slapping me on the ass as I walk away…)




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    August 6: The Atomic Bombing of Hiroshima

    August 6, 2017 // 6 Comments »

    hiroshima


    There is a lot to say about this day, when 72 years ago, the United States became the first and only nation to use nuclear weapons.


    So much is said every day about Iran and nuclear weapons, and terrorists and nuclear weapons, Putin with nuclear weapons and so forth, but that one fact remains among all the blather. For all the talk, only America has dropped the bomb.

    We did it twice (the Nagasaki bomb was on August 9) and we did it on two civilian targets. There is no use arguing that the two cities had significant military value; if there had been, they would have already been firebombed to tinder the way Tokyo and other cities in Japan had been. Nagasaki was a port, but not far away was the major naval base at Sasebo, which some say was not bombed because the U.S. planned to take possession of it after the war for our own navy (we did.) Both cities had some defense industry, but pretty much any place in Japan larger than a village also did.

    Civilians were not, in today’s language, collateral damage. They were the targets. The image above shows what one child victim then looked like as an adult.

    Please think of him when you hear some American say the Japs deserved it.


    So we’ll leave it at this. As part of my research for my next book, Hooper’s War, I found this, below, an accounting by the United States of the exact, precise number of school children it killed on that hot August morning in 1945.


    hiroshima school children dead




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    Drinking Rum Until I Understand the Cuban Embargo

    July 27, 2017 // 38 Comments »



    It was easier for me to pass through Cuban customs and immigration than it was for me to come home to the U.S. “Be sure to try our rum while you’re here!” said the Cuban official. “You’ll need to pay duty on that rum,” grumped the American official a week later, after the retinal scan, facial recognition scan, photo, passport inspection, agricultural questioning, and bag check that allowed me home.

    The rum is in a way what a trip to Cuba for an American is really all about. Rum, and el bloqueo.

    It becomes the first Spanish word you learn after the glasses are filled: el bloqueo, the blockade, the economic and political embargo. Some 60 years ago the United States slapped a near-complete economic embargo on Cuba, a Cold War spasm that lives on long after the struggle it may have served ended. It accomplished little of substance in Cuba except perhaps to impoverish some while fostering blackmarkets and corruption that enriched others. And like that other imperial boil, Guantanamo, the embargo sits atop Cuba as a symbolic wet blanket of American foreign policy, maintained by presidents Democratic and Republican alike.

    The embargo is also why you can’t buy Cuban rum in America.

    “Sit down, have something to drink, rum for my friend, you’re American, I must ask you a question” is how a dozen encounters with Cubans from different walks of life began. Educated or not, old or young, they all asked: why does the United States maintain the embargo? Fidel Castro is dead. His successor, his brother Raul, soon will be. The Soviet Union is no more. The excesses of the Cold War, when Cuba sought to export its revolution, are now just adventure stories old men misremember to their bored grandsons.

    The embargo started in earnest back in 1962, and grew to include almost all commerce between the United States and Cuba, snaring famously that Cuban rum (and cigars. Then-president John F. Kennedy loved his Cuban cigars so much he had an aide buy out existing stocks in Washington DC before he initialed the embargo paperwork.)

    The stated purpose of the embargo is to pressure the Cuban government toward “democratization and greater respect for human rights.” The result was that American businesses could not invest or operate in Cuba. Cubans could not sell their agricultural products in the United States. The embargo preserved those wonderful classic American cars you see in any documentary about Cuba, frozen in time as new vehicles could be imported. The Russians slid into place as Cuba’s economic godfather, followed by the Special Period, those years of particularly acute suffering after the collapse of the Soviet Union. There was a limited loosening of the embargo as it applied to tourists under the Obama administration (and a titular change of the American Interests Section in Havana into the American Embassy in Havana; “unofficial” diplomacy never really ceased) followed by a planned re-tightening of tourist travel by President Trump.

    “My whole life all I know is the Americans don’t come,” said one Cuban doctor to me. “The Russians came. Canadian tourists we have everywhere, some Chinese. Fidel brought over many visitors from Africa. But no one from the United States. It’s only about 90 miles that way, you know.” We clinked glasses. Forget your mojitos; rum this good is drunk neat. Sitting there, it seems simple enough.

    I tried in every rum-fueled encounter to explain why the United States might want to keep the embargo in place. How of all the things they did not agree on, why did presidents from Kennedy through Carter through Trump all support the embargo? Don’t the Cuban people want freedom I asked? Yes, of course, but the embargo doesn’t seem to have had much effect on that and it’s been a lifetime, said most. How is the president prohibiting the import of spare car parts promoting democracy in Cuba anyway?

    Well, I tried to explain as the rum warmed me a bit too much, since Cuba is a socialist economy, lifting the embargo will benefit the government, which owns everything. As one person put it, for decades the U.S. made life harder on eleven million people to try and influence two, Fidel and his brother. My older Cuban drinking pals wondered if I was stupid enough to believe Cuba was still smitten with the revolutionary hallucinations of the 1960s, or was I simply blind to the fact that independent commerce was everywhere in Cuba and only likely to grow further if the doors were fully opened. Cuba was already an inverted pyramid of an economy, with some already rich off the proceeds from small independently owned restaurants, and taxi drivers making dozens of times what doctors do. The new One Percent of Cuba, I was told, were those who have figured out how to get their homes on AirBnB to rent out to foreigners. End the embargo, Cubans said, let us grow, and we’ll sort out the rest for ourselves.

    Cuban coffee is as good as its rum, and helps you clear your head after a long night out. What is left among the empty glasses is the sad truth that the embargo still exists because it is popular among Cuban-Americans in the United States and American candidates courting this voter pool know it. At least for now; polls show the more recently a Cuban-American voter came to the United States and the younger they are, the more liberal their attitudes toward easing the embargo. At some point the balance may tip, and American politicians will no longer need to support the embargo to win votes. Demographics in south Florida will end the last relic of the Cold War in the western hemisphere.

    The critical element of American foreign policy towards the Caribbean’s largest nation is based mostly on the favor of a shrinking pool of aging voters. And that’s where I gave up. It turns out I can’t drink enough rum, even in Cuba, for the embargo to make real sense. The embargo won’t be the cause, but someday if Cuba ever does achieve a different form of government, the people will have a lot to learn under democracy about how undemocratic such systems can be.

       

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    Six Months of Trump: Where Things Stand

    July 20, 2017 // 19 Comments »



    I awoke this morning to find it was not Judgement Day but simply morning.


    A little cloudy, might have some showers later. Things looked pretty normal. I ran the usual checks to make sure I hadn’t awoken in some alternate reality, that I had not slept through a time vortex and risen in a world run by super-intelligent apes, that sort of thing. Nope, regular everything. The milk in the fridge that was a little on edge yesterday morning was kinda ripe today.


    Trump’s been in office for six months as of today and everything is… sorta normal. He’s a crappy president, pretty much as we expected. I don’t see he’s done much good, but on the other hand looking over what the media, academics, and those who speak for us all, Colbert, Meyers, Samantha Bee, and George Takei have been predicting would have gone down by now, all and all things are not so bad.


    — No nuclear wars.

    — No wars with China, Russia, Iran or North Korea. Same wars Bush and Obama started or escalated still going strong.

    — No diplomatic breakdown because of Taiwan. No change in U.S. “Two China Policy.”

    — NATO and alliances with Australia, Japan, etc., intact.

    — No mass resignations among government employees. CIA, NSA, and State Department still open for business.

    — The people the media has been non-stop predicting would be fired/quit/indicted — Reince, McMaster, Mattis, Spicer, Ivanka, et al — are all still around.

    — Trump has not annexed the Sudetenland.

    — No coups.

    — 1st Amendment, and others, still nicely in place.

    — No impeachment, no invocation of Emoluments Clause, no use of the 25th Amendment, no formal charges of treason.

    — No roundups of POC, women, journalists, or LGBTQ people. Deportations are still below Obama-era headcount of 2.5 million deported, highest under any presidency.

    — Stock market did not crash. Doing well, actually.

    — No psychological break down by Trump leading to anarchy, war, etc.

    — No signs of capitulation to Putin. We still own Alaska.

    — U.S. justice system and courts still open and functioning.

    — Absolutely nothing has changed regarding abortion rights, whatever the f*ck our healthcare system is, marriage equality… nope, steady state.


    In the interest of presenting a balanced view of events, here is a hysterical rebuttal to the points made above:

    It’s too early! OMG, it has only been six months. How’s the Kool-Aid nazi lover? As a white man of privilege who isn’t gay what do you know anyway about suffering, so f*ck you. The Resistance has held Trump back for now by posting on Facebook, but what about tomorrow?!? Luckily we marched with pussy hats or things would have been worse. You don’t know how bad it is because most of the changes are hidden. America’s prestige abroad is trashed and Andrea Merkel is leading the Free World! Putin’s playing 3-D chess and just waiting to make his move. Any day now Robert Mueller is going to announce ____ and the sh*t will come down. We are nasty, fierce, persistent, and have excellent vocabularies. And did you see what anonymous sources told the NYT today? At least Dr. Who is a woman, so that means Hillary really won, doesn’t it?




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    Trump, Russia, the Birth Certificate and the Election That Will Not Conclude

    July 18, 2017 // 38 Comments »


    Too many people, many driven by racism, refused to accept the election of Barack Obama in 2008.

    The votes were clear, the will of the people overwhelming, but to minds blocked by disbelief, there had to be another way to prevent Obama from taking office or failing that, from legitimately exercising power.

    Enter the birth certificate. What could be more disqualifying than Obama not being an American citizen? Obama had already “admitted” his father was not an American citizen, and there were all those photos of him as a young man in Indonesia. The accusations played to the fear that someone not loyal to the United States (might he be a Muslim, too?!?) would occupy its highest office.

    The silliness of the idea that Obama was not an American citizen still lurks in some of the danker corners of the Internet. More significantly, the concept the birth certificate unleashed — maybe the election wasn’t ever going to be over — is now more than background noise. It is a real threat to democracy.



    Trump Won

    Like the Big Bang, disbelief that Trump actually won has been exploding ever-outward since November 8. The idea that the Russians had somehow “hacked” him into office surfaced even before the final vote tally. But first there were the recounts (the numbers couldn’t be right; they were.) The voter fraud (there wasn’t.) The Electoral College needed to be circumvented (it couldn’t be.) Or maybe actually it was the popular vote which mattered just this one time and Clinton should move into the White House (Nope, people who believe this failed 9th grade civics badly.)

    Following the Inauguration (with several prominent Democrats refusing to “normalize” it by attending), action overnight shifted to impeachment; when can things get started? Impeachment would be based on (as the media stumbled to remember 9th grade Civics) the Emoluments Clause, the Hatch Act, the Logan Act, denying the authority of the courts over immigration, nepotism, Chinese trademarks, sweetheart deals with dictators, Mafia money in real estate, firing the FBI director, or obstruction of justice. The 25th Amendment!

    Once-cogent pundits like Lawrence Tribe and Robert Reich morphed into human cottage industries proclaiming the impeach-ability of various Tweets, actions, and statements. Spiderman, save us!

    But with the apparent lack of traction behind any of those things, the boil burst into a giant pile of… Russia.



    Those Taxing Russians

    Then there are are demands for The Tax Returns.

    Beginning deep back into the campaign and continuing through today, Democrats and the media have created a strawman out of Trump’s taxes, insinuating smoking guns of shady Russian money must abound. Trump’s refusal to release the documents, for whatever reason, is twisted to be further proof of the explosive secrets they must hold (“nothing to fear, nothing to hide!”.)

    Unless each of us personally has the chance to comb through Trump’s 1040’s, no one will ever know The Truth.

    Left unsaid is that while Democratic politicians, media pundits, and the two of us have not seen Trump’s taxes, the IRS, FBI and Treasury Department have. Trump and his myriad corporate entities have been filing taxes forever, and have been subject to audits on an ongoing basis. Any investigations at the FBI and/or other agencies either have access to or can seek access to Trump’s taxes through subpoena, as well as decades of other financial disclosures and records. The pros have been at work for some time, literally since the 1980s or earlier, and nothing has emerged. That has been left out of the reporting on this issue.

    What the media seems to desire is a bit of paper showing Trump conducted some business with someone somewhere in Russia. The value of such a document remains questionable in proving… something bad. It is hard to imagine anyone involved in New York City real estate not working with Russian money at some point. Long before all this was the focus of such intense media attention, the New York Times wrote a non-partisan, deeply researched series of articles on foreign money in general, and Russian money in the specific, flooding the New York market. The Times concluded, without reference to Trump at all, that that “flight of wealth accrued in the chaotic capitalism of post-Soviet Russia has been a powerful force behind the luxury condominium boom reordering New York City’s skyline.” Russian money in New York real estate is, well, sort of normal.

    On the political side, contacts between foreign ambassadors and influential Americans happen constantly, sought by both sides. Our American ambassadors and State Department diplomats are specifically charged with building such contacts overseas. Attorney General Jeff Sessions, who also met the Russian ambassador, did so at the Republican Convention this summer. The ambassador was attending, along with 80 other foreigners, as a guest of the Obama State Department, which brings foreign diplomats to the conventions to “witness democracy.” And yes, every country weaves its spies into that heady mix. Much has been made of the fact that the Russian ambassador has met with many people connected with the Trump campaign. It’s actually sort of normal.

    Or maybe none of this matters — Trump will be impeached for the next thing that happens! Yeah, that one!



    So… What Happened?

    If we blow away all the smoke, what is left?

    A set of more-or-less agreed on facts is nearly non-existent; even the official existence of actual investigation(s) is mostly based on leaks and general statements.

    Someone, probably connected in some way to some entity in Russia, exposed emails from inside the Democratic National Committee during the 2016 presidential campaign that reflected badly on how the Committee treated Bernie Sanders. How that did or did not help send Trump into the White House is pretty close to unanswerable.

    Separate from that, people connected to Trump had various interactions with Russians. Trump’s initial appointee as national security adviser, Michael Flynn, took money from Russian TV station RT.com, and lied about meeting the Russian ambassador. Neither action is illegal, though most people would agree neither was proper, and both served as grounds for his firing.

    Trump’s son(s) had a meeting with Russian persons to talk about what dirt they had on Hillary. They didn’t have any dirt. Not illegal, not smart, but not grounds for impeaching anyone.

    Where things get sticky is validating the next step: that some or all of those things and others — the leaked emails, Trump corporate entities doing business with Russia, contacts with Russian officials, Flynn’s lies — add up to the fact that a large number of Americans, arguably almost all of whom did not vote for Trump, believe now in some way Trump was helped into the White House by the Russians, and in fact may be fully under the control of Russian leader Vladimir Putin. Decisions in the Oval Office itself are being made, they believe, based on how they can favor the Russians, not the United States. That’s a helluva accusation. It could impeach a president. It could destroy the Republican party. It could negate the 2016 election.



    Saving Democracy by Destroying It

    And so a frothy mix of Democrats and a media that by and large favored Candidate Clinton has emerged to prove that the president of the United States was helped into office by a hostile foreign government and/or is controlled in office by that government, claims unprecedented in American history. Maybe any nation’s history.

    First tries were offered to the intelligence agencies to “save” American democracy by unearthing information so unambiguous underlying a number of ambiguous acts that it would lead to a swift impeachment. Early in Trump’s tenure many on the left looked to the NSA or CIA to reveal intercepts that would take Trump down with his own words. Hopes were raised when some information almost certainly from intel sources was leaked to the Washington Post, and led directly to Flynn’s firing. A murky foreign intelligence service-connected “dossier” implying the Trump campaign interacted with Russian spies, flavored with some salacious details of golden showers, appeared, but was never shown to be valid and quickly faded from view.

    Hope shifted to the FBI, who allegedly had been conducting some form of old-school G-man style investigation since July 2016. The FBI would never confirm even the existence of such an investigation into Trump himself, but his firing Comey seems to have poisoned in the minds of Democrats any investigation that might exist. FBI Director James Comey, last seen by many Democrats as one of two individuals (Putin is the other, of course) who caused their candidate to lose to Trump in the first place, was reborn as Washington’s Last Honest Man.



    Enter the Special Prosecutor

    So with the FBI no longer trustworthy enough to help impeach Trump, enter a special prosecutor. Robert Mueller will impeach Trump.

    A special prosecutor is a lawyer appointed to investigate and possibly prosecute a specific potential wrongdoing for which a conflict of interest exists for the usual authority. So, Comey’s replacement, even though he would not be doing the prosecuting (and neither would have Comey) can’t be seen as independent enough to do the job. You need someone special.

    The people now strongly favoring a special prosecutor do have a few wires crossed. No matter who is in charge, the FBI only gathers evidence and does not determine whether a crime appears to have been committed. That decision rests with a prosecutor going to a Grand Jury, typically the Attorney General or someone below him in the Department of Justice. The desire of Democrats is a special prosecutor would do much more in this case, actually lead the FBI and others’ investigation. They would be “independent,” except that the system does not actually create a fully free-standing judicial system, and the special prosecutor in fact still reports to the Attorney General, the nation’s chief law enforcement official, in this case Jeff Sessions, who has himself recused himself from all matters Russia.

    That means a Special Prosecutor would instead report to Rod Rosenstein, the Deputy Attorney General who helped fire Comey, and a Trump appointee himself. Rosenstein is able to veto the special counsel on decisions he doesn’t agree with, as well as request explanations “for any investigative or prosecutorial step.” Rosenstein would also be able to fire the special prosecutor.



    A Congressional Commission

    So even a special prosecutor would be under the authority of a Trump appointee. So maybe what’s needed, one hears some muttering, is not the NSA, CIA, FBI or a special prosecutor, but a Congressional commission. A commission like the ones Congress created to investigate the Kennedy assassination, or 9/11.

    Unlike the NSA and CIA, who look for espionage and full-on treason, or the FBI and a (special) prosecutor who look for actual crimes, a Congressional commission can just… look. And that seems to be the whole point, to set in motion a process that will keep questions about Russia and Trump in the news through at least the 2018 midterm elections, maybe beyond, freed from the complexities of legal standards of guilt and innocence.

    In the words of one prominent proponent of such a commission:

    A special prosecutor… seeks crimes. The criminal law is a heavy tool, and for that reason it is thickly encased in protections for accused persons.

    A select committee of Congress or an independent commission of nonpartisan experts established by Congress can ask the broad question: What happened? A select committee or an independent commission can organize its inquiry according to priority, leaving the secondary and tertiary issues to the historians. A select committee or an independent commission is not barred from looking at events in earlier years statutes of limitations. A select committee or an independent commission seeks truth.

    This is an intelligence question with policy implications, not a prosecutorial question with legal implications. For example, if Russia preferred Trump because Putin liked Trump’s pro-Russia campaign policies — well, policies can be changed. But if Russia preferred Trump because Russian entities have some financial or other hold upon him — that’s something the country would need to know now, even if no crimes were involved.



    There is No Smoking Birth Certificate

    Trump has been a public figure for decades, his actions as a real estate developer documented and reviewed by his enemies, opponents, and creditors. America’s intelligence agencies have always monitored transactions with Russia, Trump’s and everyone else’s, in detail. The New York Times and the Washington Post haven’t seen Trump’s taxes, but the IRS has, for decades. So even though Congress hasn’t passed judgement on them, law enforcement has. Meanwhile, if the FBI wants to arrest Mike Flynn or any other Trump associate for espionage they can that today, or could have in November, and implying that has not or will not happen because Comey was or is not the director is nonsense.

    Unless or until something fully unexpected emerges, there is no “birth certificate.”

    Instead, Democrats, assisted by a media that appears to have stepped over the line from watchdog to abetting conspiracy, are trying to undo an election. Their efforts are unlikely to succeed, as they did not succeed with Obama, but if you think this process won’t be used again against whoever wins in 2020, well, you’re being foolish. The clumsiness of the Obama birth certificate conspiracy, is nothing compared to the approach being tried with Trump-Russia. We’ve moved in a few months from Jill Stein demanding crowd-funded vote recounts to leaks of intelligence intercepts used to get the sitting national security advisor fired.


    People are getting more skillful at the game, learning more about the tools available. Stirring up the crowd, creating a yearning, setting a precedent that there is no need to accept the results of an election. A new political weapon has been unsheathed. America is playing with fire.




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    Trump’s Bypasses Media via Twitter — Irrelevant!

    July 13, 2017 // 17 Comments »



    Donald Trump discovered the Holy Grail of media relations: the ability with a 140-character tweet to ignore the Fourth Estate. This is brass-knuckled political power that at a minimum pushes the press another circulation drop closer to irrelevancy.


    Journalists meanwhile mockingly treat Trump’s tweets as examples of his oafishness, just as they did his bombastic stump style.

    More inchoate Trumpsplaining. Sad!

    But as the media missed the populist appeal of Donald Trump right up until election night pushed it into their faces, so are they missing the popular power he is wielding over them via social media. This is no joke, except maybe on the journalists whose credibility is already a laughing matter.

    While Obama claimed the title of first “internet president” by virtue of his online fund-raising, brilliant datamining, and seeding of the 24-hour news cycle, the bulk of his efforts were essentially repurposing technology to do things politicians have always done, albeit faster and better.

    Trump discovered something bigger online: he doesn’t really need much from journalists. Social media for Trump is not simply a display board to pin policy statements on, as others use it. Social media allows Trump to bypass everything and speak to individual citizens, and then force the traditional media to amplify what he says as part of its thirst for “content.” There really isn’t any news anymore when Trump has it on Twitter as his own scoop.

    The media is playing defense!

    And if the media ignores the tweets thinking they can starve the troll? The audience that advertisers depend on can just go read the tweets themselves (Twitter accepts advertising, too.) In a period where the credibility of the press is already in the toilet after many journalists epically failed to accurately and fairly report on the election, many viewers may prefer to go to the source anyway. Exactly how much reach outside its bubble does the media think it really has anymore?

    Oh well, there’s still weather and sports to report.


    Every president who’s left a record expressed some level of disdain for the media of his day. But no president previously could afford to ignore, or truly anger, the press. Influence, of course: presidents would leak juicy stuff to one reporter, cut off another, but at the end of the day the media and the president needed each other to do their respective jobs.

    A president-elect once upon a time would have had to be careful chiding a columnist for the New York Times, for fear of the editorial page. Trump treats reporters with contempt because in his mind, all they really do of value is retweet him.

    Trump has also mastered the dark art of internet logic. His tweets often read like the “Comments” section of some blog. Make a bold, unsupported statement that may or may not be true, then demand challengers provide proof you’re wrong. Dispute sources, not facts – X can’t be true because it was reported by a pro-Democrat outlet. Attack ad hominem. Then stand back and disavow what happens, up to and including death threats. All that bruised ego guardians-of-the-people stuff from the pundits? Label it just another example of media arrogance and elitism.

    The president-elect has also understood the value of moving beyond talking points. Express things in #ShortForm. No policy paper ever went viral.

    Social media Trump-style also offers an unprecedented ability to control the agenda at will, without requiring a sympathetic editor to run a puff piece like in the good old days. Should a troublesome story appear, a handful of bombastic tweets changes the conversation on Trump’s schedule. Trump isn’t communicating, he’s dueling. All in real, real time; Trump is no stranger to sending out 140 characters of white noise at 3 a.m.


    With its reliance on friends, followers, and sharing, social media also creates a personal bond among Trump and individual Americans, something not really experienced since Franklin Delano Roosevelt’s Depression-era fireside chats. As those radio broadcasts brought Roosevelt into the living room, Trump’s tweets put his policies, opinions, and rants into the same feed as Aunt Sally. That creates intimacy, and by association (who doesn’t like Aunt Sally?), may increase trust.

    And make no mistake about it; unlike most politicians’ robo-social media, Trump’s tweets come from Trump. It’s him talking to you. People write back in the first person, using the informal language of the web, and Trump retweets messages (and famously, videos) from his followers. The medium is the message and both are Trump. No other politician today can pull this off; it has to be real, organic, to work.

    This is a powerful tool. It played a significant role in the election. It allows Trump to choose how, when, or if, he wants to engage with the traditional media. Who can make the argument (perhaps in 140 characters) that pulling back is in his interest?

       

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    What I Learned as a Snowflake

    June 28, 2017 // 18 Comments »



    I just finished up a part-time job working with a group of post-college people, almost exclusively white, from middle and upper class backgrounds. The job itself wasn’t important, but what I learned is. 2018, never mind 2020, is going to be a rough year for Democrats.

    By embracing faux diversity that excludes more than it includes, the election results of 2018 will likely look like 2016 all over again.



    About the same time I left that job a book, Shattered, claimed a slogan considered by Hillary Clinton’s campaign team was “It’s Her Turn,” the clearest expression possible the candidate was simply entitled to be president. It encapsulated what my millennial former work colleagues said about their own lives. It is why they cannot accept Clinton lost; in their minds somehow — somehow — Hillary or someone just like her will wake up in the Lincoln Bedroom one morning in America muttering “there’s no place like home.” This thinking fuels the impeachment fan fiction which dominates Washington and the media, and blocks Democrats from coming up with solutions, instead of just “resistance.”

    My former colleagues have been lead to believe this, having majored in things like social work, anthropology, and for more than a few, gender studies, all wrapped in a comfortable blanket of self-importance and decades of being told to follow their dreams. Pronouns are sexist, whites are racist, men are misogynist. They believe mostly old people voted for Trump — the slang term used around my former office for people over 45 was “red hats,” as in those who wear Make America Great Again ball caps. I don’t think they really believed me when I said I had supported Bernie and not voted for Trump.

    The code inside all this is exclusionary, not inclusionary. It is OK to exclude men, old people, straight people, entire regions outside the right and left coasts, until most anyone not them is deplorable. That word, which Clinton claimed was a slip up, was actually the key underlying her whole campaign strategy of appealing so directly and overwhelmingly to people like those I recently worked with. Because the flip side of “It’s Her Turn” was an actual Clinton slogan, “I’m With Her,” a simple proclamation of the implicit sense of entitlement for candidate and supporter.


    But the 2016 election is over and won’t be undone by the Emoluments Clause-25th Amendment-Putin-Ivanka. So this is about the future. And the future for Democrats is supposed to be people like Hannah Risheq.

    Who? Huffington Post says “The Resistance Gave Birth To A Girl And Her Name Is Hannah Risheq.” Hannah is indeed exactly the candidate a Democratic fertility lab (or sympathetic media) would engineer, and exactly the kind of candidate who will draw off energy from the party’s base before losing. Familiar?

    Hannah ran for a state legislature job in Virginia in a primary with two other Democrats and an uncontested Republican incumbent who has been in office eight years. He’s raised over $117,000; she has $5400. She had to beat two other Dems in June, then unseat the Republican incumbent in November.

    That didn’t happen, Hannah lost, but because of what Hannah represents, she attracted the same empty hopefulness I saw in my old job’s break room.

    See, Hannah is qualified because: Her dad is Muslim. She is first-gen American. She is a woman. She is on social media. She was discriminated against as a child. She volunteered on the Hillary Clinton campaign. She “embodies the spirit of what is driving the Democratic Party forward right now.” Hannah says ” A lot of my friends are part of different marginalized groups, LGBTQ groups, other young women. I’m running because I want to give a voice to everyone.”

    OK. But she ran in a district whose voice is 67% White, 22% Asian (mostly middle class Korean), wealthy (Houses in her area run $650k), and shifting Republican. She also has no government experience, having just graduated from college with a degree in social work.

    So that is kind of it. A candidate at one with the ideals of the party (Time magazine includes Hannah with Georgia’s Flip the Sixth Jon Ossoff among a “new generation of Democratic candidates”) and at odds with the demographics. She isn’t anyone who appears qualified per se, but someone who is a sum of parts — woman, Muslim, immigrant — treated like a bucket of chicken, a whole that will never exist.

    Meant to inspire (The Resistance!) one wonders if Hannah’s inevitable loss did that, or simply discouraged more serious Democratic voters from trusting their party to represent who they are.

    And you can switch “Hannah” with “Ossoff” if you like.


    The 2018 and 2020 elections are a ways off, but at this early stage it appears the Democrats are engaged in the search for icons to run failing campaigns behind. They don’t get what happened in 2016, because the decision-makers are either people like my self-righteous and self-important former work colleagues, or party hacks who imagine there are more people like my former colleagues out there than there are. They seem to understand their voters care about LGBTQ rights, but do not see transgender restroom rights as a big part of the party’s focus now that same-sex marriage is the law of the land. It is unclear the people of Virginia are looking for a candidate like Hannah Risheq.

    Meanwhile, at the front of the national Democratic candidates’ line, are people like Elizabeth Warren and Kirsten Gillibrand, each presented as a Hillary but without the decades of political shenanigans trailing behind, as if it’s still Her turn, just a different Her. Nearby are the slightly modified Hillary’s, people like Cory Booker (a mediocre mayor of Newark and a nearly-silent Senator.) And, sure, why not, maybe even Chelsea.

    American demographics may be changing, but deep inside the Democratic party the internal demographics are not. It is early days, but having more time ahead of 2020 to dig a deep hole deeper is not a good thing.




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    The Russians Only Mattered Because Hillary Lost

    June 27, 2017 // 11 Comments »



    I’m going to ask you to try a thought experiment.

    Shut off the part of your mind that thinks Trump is bad (or good) and focus instead on the process in America that brought us to the present state of affairs. Because what unfolded in America is bigger than Trump, and will survive Trump to influence the next presidential election, and the one after that, and…

    Elections in America, 2016

    Here’s what an election looked like in America.

    — Bill Clinton met with then-Attorney General Loretta Lynch on June 27, 2016. Days later, on July 5, Lynch’s subordinate, FBI Director James Comey, announced candidate Hillary Clinton was not under investigation for security violations relating to her personal email server, extraordinary financial contributions by foreign governments to the Clinton Foundation many saw as quid pro quo, or anything else. Clinton is then nominated, with the last barrier to her move into the White House, the possibility of indictment, removed on schedule. Timing and coincidence are everything it seems.

    — According to the Washington Post, in late summer 2016 the CIA presented Obama with evidence that Russia, on Putin’s personal orders, was trying to influence the U.S. election. The accusations were the country obtained emails showing the Democratic National Committee (DNC) heavily favored Clinton over Sanders. The Russians also used social media to push a number of stories about Clinton that were false/exaggerated/true but negative.

    — According to the Post, so as not to appear to be supporting Trump, who at this same time was publicly stating the election was rigged against him, Obama did nothing regarding the Russian activities beyond allegedly telling Putin to stop doing them. This was largely predicated on the certainty that Clinton was going to win in November.

    — The DNC refused DHS/FBI cyber security assistance. The DNC did not allow DHS/FBI to physically inspect its computer hardware.

    The state of things as of late summer-early autumn 2016 was that Russia activities were just not that big of a deal. Clinton seemed comfortably headed to the White House. If this was a crisis, nobody acted like it.


    Clinton Lost

    The Russians’ activities at the worst consisted of those DNC emails and social media. The DNC emails’ primary content seemed to be confirmation that the organization favored Clinton over Sanders, not exactly news to Sanders’ supporters.

    Social media, the other side to Russia’s efforts, is confirmational; it tends to reach people who already believe what they are reading. Much of the Russian influence on the election was ascribed to RT.com, the Russian cable television channel. RT has very limited viewership among American households and arguably limited credibility among American voters. Quick now — what channel is RT on your cable box?

    The November election approached. Obama took no significant action. Democrats didn’t balk until November 1, almost a month after the information became publicly known, and only as polls started to show Trump pulling ahead. Hillary lost.


    A Whole-of-Government Effort

    A whole-of-government effort nearly immediately unfolded to overturn the election.

    Recounts were called for amid allegations of vote tampering. Constitutional scholars proposed various Electoral College wishful-thinking scenarios to unseat Trump. Lawsuits were filed claiming the hereto-largely unheard of Emoluments Clause made it illegal for Trump to even assume office. Leaks begin pouring out, focused on information sourced from signals intercept material available only to limited persons inside the intelligence community (IC), implying the Trump campaign worked with the Russian government.

    (Here’s more on the IC, Russia, and Trump.)

    Serious people in the United States government claimed outright the person elected president was a Russian agent, placed in the White House to follow instructions from Moscow. His very presence in the Oval Office was a treasonous act.

    The American mainstream media reset itself to the goal of enabling the impeachment of the president, spinning up the process even before Trump took the oath of office. It is now a rare day when the top stories are not bombastic accusations, based on a whole litany of anonymous sources, so-called reports, according to people familiar withs, government officials who have seen the documents, and so forth. No bit of gossip is too small, no accusation too grand, and it is all presented unsourced, rocketed from Rawstory to HuffPo to the New York Times in the morning, the other way around for the scoop-of-the-day in the afternoon.

    What was largely ignored by the White House in the summer of 2016 on the assumption Clinton would win became in the autumn after she lost, in the words of the Washington Post, “in political terms, Russia’s interference was the crime of the century, an unprecedented and largely successful destabilizing attack on American democracy.”

    In other words, whatever the Russians did only mattered and only was a crime because it contributed to Clinton’s loss. The hacking itself is immaterial; what matters is the way it affected the White House’s and media’s favored candidate.

    Only after Clinton lost did it become necessary to demonize the Russian threat and create a crisis that might be inflated big enough to justify impeachment.


    Minority Rulez

    Even among intelligent people well-versed in how government really works the thinking seems to be “well, it’s justified to get rid of Trump.”

    Trump is a terrible president. It is unlikely the United States will be a better place four years from now. But the problem isn’t so much Trump as it is the longer game. We’ve had crappy presidents before and mumbled through.

    Try as hard as you can to forget Trump is, well, Trump. Focus instead on the sheer amount of high-level manipulation, collusion if you will to use a popular term, involved in the recent election. What role did the FBI and the intelligence community play in the election? Why did they play any role at all? Why did the White House take little-to-know action against Russia, and shield what they knew from the American people, as long as their favored candidate was in the lead? What role is the media playing now in fanning the flames? Name a media source you consider impartial anymore.

    What is the broader significance of a relative minority of people inside government and the media seeking to overturn the results of an election?




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    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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    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 »

    HMH_programcover_v1.indd


    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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