• Trump (and Georgia) On My Mind

    May 14, 2022 // 2 Comments »

    One of my kids is studying law, and I’ve read a bit over her shoulder as she prepped for exams. Two critical things stand out: unlike in literature, words in the law have very specific meanings (lie, fraud, possess, assault), and intent matters quite a bit. The latter is very important, because people say things all the time they do not mean, such as “If Joe in Sales misses that deadline I’m gonna kill someone.” No one’s life is actually in danger, we all understand. Same for all those neighbors who were going to but never did move to Costa Rica if Trump was elected.

    Misunderstanding words as moving from the general to the very specific when you pull them out of a conversation and try to bring them to court, and determining intent based on what you “believe,” are really at the root of the ever-growing string of failed legal actions against Trump (there are some 19 still pending.) We have, and this is just hitting the highlights, all of Russiagate, the Mueller Report, Impeachment I, Impeachment II, Stormy Daniels, failed accusations of real estate valuation fraud in New York and most recently, a grand jury seated to look into election fraud in Georgia.

    For example, in Impeachment I, the Ukraine caper, the entire brouhaha hinged on Donald Trump’s own words in the transcript of his call with the Ukrainian president. But did they mean Trump was demanding foreign interference in the 2020 election? Or was he asking an ally to run down unethical actions by Joe Biden as a public service before he might become president? What was Trump’s intention when he said “A lot of people want to find out about that so whatever you can do with the attorney general would be great.” Later in the call Trump suggested some aid to Ukraine might be withheld, though not in specific reference to any investigation into Biden.

    The people who brought the impeachment proceedings decided all that constituted an illegal solicitation of a foreign in-kind contribution to Trump’s re-election campaign, maybe even extortion. The allegation was referred to the Justice Department, which declined charges. Many Democrats though that unfair, failing to see the lack of anything coming of it (i.e., no investigation by Ukraine), the lack of anything withheld (the aid was eventually delivered) and overall the lack of intent to commit a crime by Trump. The legal definition tests for words like solicit and extort were not met and Justice correctly dumped the case and there was no conviction in the Senate.

    Same story in New York, where the facts seemed to support Trump valued real estate at a lower price for tax purposes and a higher price when used as loan collateral. It’s called valuation and is legally done all the time. But some decided saying one thing to one person and another to another person to gain something was “fraud,” and everyone pursuing the case forgot that they also had to prove intent, that Trump lied with the intention to commit a crime and gain by ill begotten methods. The case rightfully collapsed.

    Yep, same with the Stormy Daniels saga, where the facts seemed to be Trump, via Michael Cohen, paid money to Stormy to keep quiet about their affair. Sleazy enough, but paying someone as part of a non-disclosure agreement is not illegal. It would be a crime if the money was paid by Trump with the intent of influencing an election, which he suggested was not true, the cash-for-silence was maybe to protect his marriage. Campaign finance laws require proof a person was willfully violating the law. Prosecutors would have to demonstrate that willingness by Trump alongside showing his principal goal was to influence the election. If this kind of case would have ever reached court, Trump would have simply denied intent.

    Another example can be found in the incitement allegations surrounding the speech Trump made just before his supporters entered the Capitol building January 6. A democracy can’t lock up everyone who stirs up a crowd. Speech which inspires, motivates, or warms the blood cannot be illegal as it is the very stuff of democracy. Trump thought the election was unfair and had a right to say so. Brandenburg v. Ohio refined the modern standard to 1) the speech explicitly or implicitly encourages the use of violence or lawless action; 2) the speaker intends their speech will result in the use of violence or lawless action, and 3) imminent violence or lawless action is the likely result of the speech. Brandenburg is the Supreme Court’s gold standard on what government may do about speech that seeks to incite others to lawlessness.

    The key is always intent. You have to prove, not just speculate, the speaker wanted to cause violence. Listeners’ reaction to speech is not alone a basis for taking action against a speaker. You’d need to prove Trump wanted the crowd to attack the Capitol and set out to find the words to make that happen. It ain’t gonna fly for the January 6 Committee.

    Which brings us to Georgia, where the NYT asks “Will Trump Face a Legal Reckoning in Georgia?”  On January 2, 2020, facing an election loss, Trump called Georgia’s Secretary of State to demand he “find 11,780 votes,”  one more than Joe Biden’s tally. Did Trump encourage the secretary to commit election fraud? That prosecution will fail, as did all of the ones above, for the same two reasons: words are not solely what they seem, and intent is hard to prove.

    For example, to the Democratic lay person “find” means commit election fraud to come up with votes. But well before anything goes to court, it will be made clear that “find” in this context can also mean, in just one example, recount all legal ballots to see if a mistake can be found which legitimately sends more votes to Trump. The other issue is again intent; to prove solicitation of election fraud, Georgia law requires a person intentionally “solicits, requests, commands, importunes or otherwise attempts to cause” another person to engage in election fraud. Trump and his associates need only to maintain they meant “find” as in recount, not as in cheat. Case closed.

    In seeing the same mistakes made over and over, you’d start to think maybe the Democrats need some better lawyers. But don’t worry. Democratic lawyers know just as well as Republican lawyers none of these cases ever had a chance in a real court. Their purpose was purely political, to manufacture some headlines, to influence voters, to create the impression Trump has to be guilty of something if only he could be stopped from wriggling away. The goal is to convince voters to ignore the rule of law and take matters into their own hands in 2024 to stop Trump.

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Trump

    Time to Get Back to Work

    May 8, 2020 // 2 Comments »


     
    If America has a fast forward button on it someone should push it ahead to November. We won’t be done with the virus until we’ve done with the election. Between prudence and overreaction lies politics.

    We bleat about wanting decisions based on science. Then we do the same dumb red-blue thing, even counting the corona dead differently (nothing left certain but taxes now) to make the numbers seem better or worse depending on the shifty politics of better or worse. Something that should not be about Trump at all is All About Trump.

    There is no other country in the world so driven by politics so devoid of science. It’s killing us. Other countries have good leaders, some not so good. But look at us. Our nation is held hostage to protests and counter-protests, lockdowns and open bowling alleys. There is no other nation where so many are convinced their leader is actively trying to kill them with his virus response, even imagining he wants them to drink bleach.

     

    The MSM portrays protesters against government restrictions as dangerous, Trump death cultists who’d rather end up in an ICU that skip a haircut. It is an echo of the things that lost 2016 for the Democrats. The people don’t want haircuts. Such flippancy insults the righteous anger over lost livelihoods. They want to feed their families. They want thought-out targeted restrictions instead of politically driven over-reaction and fear mongering. It’s about deep emotional waters, sense of self, a whole lot more than just how the economy will help Trump win or lose. Many also are concerned that their lives, including the right to assemble, to worship, and to protest, are being controlled by leaders they don’t trust while a media they abandoned years ago mocks them. Beaches open in a red state are #FloridaMorons; in a blue state it’s #SurfsUp.

    But they see this time the Brooklyn elites are going a step further, beyond the deplorable label, to wishing them to catch the virus, figuring the infection will teach them a lesson before they vote wrong again. Wishing death on people you disagree with. It’s almost like cheering for a guy who drives his car into a crowd of BLM protesters.

     

    Elsewhere, medical professionals say the protestors have no right to put others’ lives at risk, and think it is just more than OK to physically stop the rallies. That’s called “the heckler’s veto” by the Supreme Court and is not allowed under the 1A, even if you’re a hero ER nurse or just an abortion protester blocking the door to a clinic. Stopping someone from protesting by shouting them down, driving a car into their crowd, or otherwise trying to stop them from exercising their rights (including the right to hold a dumb opinion or one you disagree with) is disdainfully unconstitutional.

    The medical professionals and their Muppet chorus of journalists sound like some soldiers who felt their sacrifice was made cheap by people who protested the war. Thank you for your service. It does not however allow you to choose which people can exercise their rights. When you choose to serve you serve those you define as worthy and those you don’t. It’s bigger than you, doc.

    Government is not supposed to be able to take away freedoms, even if it’s for “our own good.” Governments always invoke safety and security when they are taking away rights (see the Patriot Act.) The invoke the majority over the minority. It’s an old playbook, joined in this century by our 1A nannies on social media, who electronically block efforts to organize. If you’re screeching about how rights don’t matter when lives are at stake, the same old safety vs. liberty argument people always use, you’ve got company. The KKK used that argument to block blacks from marching, claiming it was a safety issue.

    Protesting against the government taking away your right to assemble is about as fundamental a civil right as you can get. The argument restrictions are needed to keep us safe (“we’ll get the virus!”) are about as fundamentally wrong as you can get. Yet authorities in California will no longer issue permits for anti-lockdown protests at any state properties, including the Capitol.

    Agree? Just remember what you’re saying now about these redneck inbreeding gun nuts the next time someone claims a march permit can’t be issued in the interest of public safety to a group you support. Hint: It’s the same thing. Rights are rights. Because you know what else can spread rapidly if “left unchecked?” Tyranny. Justice Louis Brandeis held free speech is not an abstract virtue but a key element of a democratic society. He ruled even speech likely to result in “violence or in destruction of property is not enough to justify its suppression.” In braver times when Americans challenged the safety vs. liberty argument, the Supreme Court consistently ruled in favor of free speech, reminding us democracy comes with risk. But that was another world ago, before we measured human worth in RTs.

     

    There is science which should be informing decisions. The irony is that while claiming a small rally in Denver will cost lives, or Florida will kill people by opening its beaches, the same voices remain silent as NYC keeps its subway running 24/7. The timing of the public beach versus public transportation debate came as a new study detailed NYC’s “multitentacled subway system was a major disseminator — if not the principal transmission vehicle — of coronavirus infection,” “seeding” the virus throughout the city. Without a superspreader like the subway it can be contained locally. It is tragic when the virus rips through a nursing home or meatpacking plant (it is a virus after all, it will go viral), but all of those together barely touch a week’s body count in New York. Shut down mass transport.

    We can put most people back to work with limited risk; the protesters are right. The virus kills a very specific patient. About half the dead are over age 65. Less than one percent of deaths were under age 44. Almost 94 percent of the dead in any age group had serious underlying medical issues (about half had hypertension and/or were obese, a third had lung problems.) The death toll in NYC under total lockdown: 22,000. Death toll in much more densely populated Tokyo with “smart” lockdown: 93.

    About 22 percent of New Yorkers already have the virus antibody and thus expected immunity. A logical conclusion — large numbers already have or had the virus, and that it is harmless to them — is simply ignored. Quarantine/social distancing is for those most vulnerable so we can stop wrecking all of society with cruder measures. Hospitals should separate patients by age. No need to keep kids from school, especially if that means isolating them inside a multigenerational household. Let them wear soggy paper masks to class, even tin foil on their heads, if it makes things easier. Online classes are lame and America doesn’t need a new generation dumber than the current one.

    The New York-New Jersey area, with roughly half the dead for the entire nation, practices full-on social distancing while Georgia was one of the last states to implement a weaker stay-at-home policy. Yet as Georgia re-opens, the NY/NJ death count is over 27,000. Georgia is 892. NY continues adding around 500 bodies to the pile every day, even with its bowling alleys closed.

    We judge risk versus gain for every other cause of death. We wear condoms. We watch our diets. Time to do the same for the virus. As for lockdowns, we may not even be judging them accurately. Some 22 states have had fewer than 100 deaths. Only 15 states had total deaths for the entire duration of the crisis higher than NYC’s current 500 a day. The original goal of lockdowns, to buy time for the health care system (and most resources were never needed due to over-estimates of the viral impact), has passed. If the new goal is Virus Zero it will never come. If the real goal is harm Trump we’ll have to put up with this without serious discussion until November.

    A Stanford doctor nails it: “Strictly protect the known vulnerable, self-isolate the mildly sick and open most workplaces with some prudent large-group precautions. This would allow the essential socializing to generate immunity among those with minimal risk of serious consequence, while saving lives, preventing overcrowding of hospitals, and limiting the enormous harms compounded by continued total isolation.”

    We are fretting and frittering away our national muscle watching TV about a bigamous tiger keeper. There are too many who want this isolation to continue indefinitely, a pathetic nation whose primary industries for its young people are camming and GoFundMe. We focus on the virus deaths, but the Reaper keeps a more accurate tally: deaths from despair, from hunger (two million new people became food insecure in NYC since the virus), financial losses (26 million Americans have filed for unemployment), mental health issues, and abuse (domestic murders during the viral months in NYC  outstripped the total from 2019.) In some ultimate irony, parents are postponing vaccinations for fear of bringing their kids to medical facilities.

    It is the reaction to the pandemic that exhausts us, not the pandemic itself. So when someone claims it is Money vs. Life they miss the answer: It’s both. It should not be taboo to discuss this. The debate needs to be about human life in full.

     
     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Trump

    Georgia Republicans Arrest Citizen for Videotaping Them

    September 2, 2014 // 12 Comments »



    Nydia Tisdale is a citizen journalist in Georgia. She does not get paid for her work, but instead sees it as a civic duty to record politicians and the political process, and then upload those videos to YouTube. What she does is in large part what democracy is all about– involved, informed citizens exercising their rights under the First Amendment.

    Not in Georgia.

    Tisdale’s day began with a speech by state Insurance Commissioner Ralph Hudgens, who in his talk described the debate performance of a Democratic rival as lousy enough that “I thought I was going to absolutely puke.”

    The crowd was laughing at the insult when Hudgens interrupted, looking down from the podium at Tisdale, seated near the state’s governor. Hudgens said “I don’t know why you’re videotaping.” Another pol, a local attorney and former GOP chairman, and one of the event’s organizers, demanded Tisdale stop videotaping. She refused. The cops were called to arrest and remove her.

    Yes, it got worse.

    At some point, with Tisdale loudly stating her rights were being violated, one of the arresting cops allegedly pressed his groin into Tisdale’s backside, bending her over a counter, because that’s how it’s done in Georgia. Tisdale would eventually be charged with trespassing, a misdemeanor, and obstructing an officer “by elbowing him in the right cheek area and kicking him in the right shin.”

    Linda Clary Umberger, chairwoman of the Dawson County GOP, followed the citizen journalist and the officer to an outbuilding. “I watched as a woman was bent over the counter on her face, with an officer over her,” Umberger said. “If I had been her, I would have elbowed him in the face, too. “I was so upset at how they handled it – I walked out.”

    The state governor apparently sat in silence while the violation of civil rights took place in front of him. Because that’s how it’s done in Georgia.

    The arresting officer was suspended pending an internal investigation. Most of the incident was captured on a voice recorder and still camera by another courageous journalist.

    “Let me be possibly politically incorrect here a second,” a later speaker, the state’s attorney general finally told the crowd. “If we stand for anything as a party, what are we afraid of with the lady having a camera, filming us? What are we saying here that shouldn’t be on film?

    “What message are we sending? That because it’s private property, they shouldn’t be filming? What is the harm? Who’s the winner in the long run? Not a good move. The harm that this poses is far greater than her filming us. What are we hiding? If we are telling you why we are running and what we stand for, what are we hiding?”

    Georgia still isn’t done harassing Tisdale.

    Though she was released on bond, her camera, supposedly seized as “evidence,” remains locked up, because that’s how it’s done in Georgia. “I can’t work without it,” she said.

    This is not Tisdale’s first time to run into unfair practices in Georgia. In 2012, the mayor of Cumming, Georgia, ejected Tisdale from an open city council meeting simply for videotaping the proceedings. A judge later signed an order laying a $12,000 fine on the city and mayor for violating the state’s open meetings law, never mind the Constitution of the United States, assuming that document still applies in Georgia.



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Posted in Democracy, Trump