• Ginnie Thomas and the January 6 Committee

    April 9, 2022 // 1 Comment »

    In one of the most desperate moves since January 6, 2021, the Select Committee to Investigate the January 6th Attack on the United States Capitol is considering subpoenaing Ginni Thomas, wife of Clarence Thomas, to review a handful of texts she sent which the Committee feels may amount to treason. The connection is weak, along the lines of evidence that Trump was the one who actually slapped Chris Rock, but the need to come up with a new crisis to revive attention to the events of January 6 post-Ukraine is real.

    The genesis of this “crisis” begins in the Hail Mary plans to use the January 6 Committee to rescue Democrats from near-certain electoral defeat. Though Ginni Thomas’ conservative roots go back to the Heritage Foundation and the Tea Party, it was left to Democratic journo-operative Bob Woodward late last month to highlight a series of texts Ginni sent on January 6 to Trump Chief of Staff Mark Meadows. The texts had been voluntarily turned over to the January 6 Committee by Meadows (who has since ceased cooperating.) Someone on the Committee leaked the texts and a not so spontaneous chorus of Dems, lead in part by straining-for-relevance AOC, erupted calling for Clarence to recuse himself from all cases dealing with the 2020 and 2024 elections, or resign, or face impeachment.

    The texts are online. Read them if you like, but they come no closer to treason than this article, even though one progressive magazine calls Ginni a threat to the Court itself. Ginni has long been the target of conspiracy theorists, who falsely accused her of busing in protesters on January 6 to bolster the Capitol assault force.

    In case you are unfamiliar with the events of January 6, a bunch of disgruntled Trump supporters turned a legal rally into illegal entry. MSM and Dems reimagined the entire day into some sort of attempted coup. Absolutely nothing could have happened on January 6 that would have resulted in some new form of government on January 7 and that is what a coup is and why what happened was not one and never will be no matter how many times the January 6 Committee tries to claim it was.

    So how did all this end up in Clarence Thomas’ lap? Dems claim almost two years after Ginni sent those texts and after Thomas has sat on the bench for 30 years and after the pair has also been married for three decades, that this month Mrs. Thomas’ politics may influence her husband’s decisions. The solution is for Mr. Thomas to resign, or recuse, or be impeached while his wife is dragged before the Committee as an example of the vast conspiracy behind what did not happen on January 6.

    Thomas and Ginni are far from unique; often modern women have jobs outside the home. And we’ll leave aside the many Washington journalists married to policy makers (Alan Greenspan and Andrea Mitchell) people on different sides of the aisle cohabitating (James Carville and Mary Matalin) and others (Mitch McConnell and Elaine Chao.) There are also those other political wives with agendas of their own, including Michelle Obama, Elizabeth Dole, and Hillary. If you work inside the DC bubble you are going to meet others who also do, and navigating the idea that politics makes strange bedfellows is part of life in the capital.

    Nonetheless, looking to stock the witness list for the January 6 Committee, this seems to be all the Dems have to work with, so 1950 it is! Of course it makes no sense, this idea that a wife cannot be in the same general business as her hubby, especially to a Democratic constituency  built around the idea of empowering women, pink hats, and all that. But the flexibility of Democratic supporters on such matters is exemplary — look at how a group who otherwise stands for LGBT rights can’t seem to get its fill of Trump-Putin homophobia.

    Nonetheless, in the interest of showing as completely as possible how shallow the Dems are on Ginni-gate, let’s look at the law and precedent. Supreme Court justices enjoy uniquely protected status, and are not subject to disqualification from decisions over their own activities that bear directly on cases, never mind those of their spouse. Justice Kagan, for example, voted in favor of Obamacare despite having helped create the legal strategy to defend it as solicitor general. Justice Breyer ruled on constitutionality of sentencing guidelines he helped write as a Congressional staffer. Justices Louis Brandeis, Thurgood Marshall, Abe Fortas, and Hugo Black had politically active wives. Ruth Bader Ginsburg did not recuse herself from cases involving her husband’s law firm.

    Outside of the Supreme Court, DC Circuit Judge Nina Pillard is married to the ACLU’s litigation director. Ninth Circuit Judge Stephen Reinhardt’s wife leads an ACLU chapter. Even those instances did not violate 28 USC Section 455, the law which covers judicial recusals. You get the picture — there is no marriage penalty. Yet a prominent New York University law professor still writes with a straight face “Ginni Thomas alone among the husbands and wives of the justices has shown utter disregard for the harm she inflicts on the court and the administration of justice in the service of her political goals.”

    I know how Clarence Thomas must feel. I joined the State Department not long after it had phased out including diplomats’ wives on performance evaluations. The generations before me spoke in a funny/not funny way about how their bosses kept track of how many teas their wives attended, who did the “right” kinds of charity work, and who was too “ethnic” to fit in. Either your wife tried played nicely or she sat on the sidelines and your own evaluation mentioned she was a none participant. That was generally thought of as better than a bad evaluation of her finger sandwiches.

    That all seems so long ago. To watch the Democrats try and drag Ginni Thomas back into the 1950s for their own partisan purposes is as funny as it is sad. One wonders what scoop Bob Woodward might uncover next — are Ginni Thomas’ cucumber sandwiches really served with the crust still on?!?

     

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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 Biden, Democracy

    Questions for the January 6 Committee

    January 29, 2022 // 10 Comments »

     

    Important questions about what happened on January 6 are left unanswered if they would disturb the Democratic narrative. These potential game-changers are ignored for the most part, or wish-washed away by claiming they are “conspiracy theories” somehow not worth looking into.

    This is quite funny, given that the Democrat flailing is built entirely around a narrative of conspiracy, i.e., Trump or one his Dementors working in conjunction with someone else in a criminal act. In a divided America, not answering important questions simply gives them more credibility among their believers. It seems better for a Democracy in Danger [(C) WaPo] to get more information out there to put such conspiracy theories to rest by proving them wrong. Why just assign Seth Meyers to mock troublesome ideas when they could be factually disposed of? Whatcha ‘fraid of? Can’t handle the truth, bro?

    So, to the January 6 Committee, please answer the following for us: how many undercover personnel or informants were in the crowd January 6? What part, if any, did they play in planning the entry into the Capitol before or on January 6, or in encouraging the crowd to do so? Did any stray from being accessories after the fact into Agent Provocateurs? As sure as the Warren Commission before them, the people claiming there is no evidence are the same one blocking any investigation which would reveal that evidence.

     

    The Committee has adopted the stance something caused the crowd to bust into the Capitol. They have not spent much time allowing for anything along the lines of group think on the crowd’s part, like when fans swarm the field and tear down the goalposts. Having eliminated spontaneous causes, the only real cause the Committee is considering is Trump. Trump via preplanning the attack as part of some elaborate coup attempt, Trump via his purposeful incitement of the crowd on hand, or Trump through some third parties, doesn’t matter who, so Roger Stone, Rudy Giuliani, QAnon, a cabal at the Willard Hotel war room, because that’s called a conspiracy. The Committee does not seem to have any Subject B, just Trump.

    So let’s propose a Subject B, in this case, the FBI. It is a simply question from the Committee: Mr. Attorney General, how many undercover people did you have on the ground January 6? How many of them traveled to DC with groups they had previously infiltrated elsewhere? What was their purpose on January 6? What were their rules of engagement? In other words, what were they allowed to say or do? Could they scream “Yeah, let’s go!” and lead people forward? Could they suggest a peaceful group attack Pelosi’s office? Could they give statements to the media misrepresenting the aims and mood of the crowd without revealing their identity? Were any working as “sources” for the media, planting rumors?

    You would think at least the number of officers on the ground would be an easy one, yet when Rep. Thomas Massie asked AG Merrick Garland if any Federal agents or assets entered the Capitol or incited others to riot, Garland refused to answer. Massie played a video of a man January 5 saying “we” have to go into the Capitol, and asked Garland if that man was a Fed. No comment, said Garland.

    The man in the video has been identified as Ray Epps, who is also seen on video organizing the first group to breach the Capitol, and that just one minute after a pipe bomb had been found, as if the acts were themselves a conspiracy. This all appears to have happened even before Trump even finished his “incitement” speech. Epps was also President of Arizona Oath keepers and a former Marine. Epps has refused to answer journalists’ questions about whether or not he is a Federal agent or informant. Epps is still a free man. Why?

    After Garland’s non-answer about undercover operatives failed to satisfy even the squishy MSM, the January 6 Committee decided to issue a tweeted statement claimed they “spoke” to Epps, who by golly said he was not an agent and the matter was dropped as cleanly as the Umbrella Man was in the JFK assassination. The always-helpful NYT said “while it remains unclear why Mr. Epps was encouraging people to go into the building, a person cannot be charged with incitement unless his statements present an imminent threat of unlawful action.” That too is funny, because a week later Oath Keeper Stewart Rhodes, who also did not enter the Capitol, was indicted on the legal pastiche of “seditious conspiracy.” Without double standards there would be no standards at all.

     

    The Epps case raises two key questions. Since Epps was talking about storming the Capitol the night before, that would seem to be exculpatory evidence that Trump’s speech had little to do with it. The plan was already in motion. And of course if Epps was working in any way with law enforcement, that would suggest it was he who played at least a role in getting the crowd to attack. You can’t just call it paranoia and conspiracy theory to simply ask why after some 700 prosecutions of others involved with January 6, Epps has not been prosecuted. Or why Epps’ photo was at one point included on the FBI Capitol Violence most wanted website and then removed without explanation in July from the website.

    It is as simple as this. Under oath and before the Committee, ask FBI Director Wray, AG Garland, and Ray Epps to answer yes or no: did Ray Epps work for or with the Federal government in any way? Yes or no moves the narrative productively forward and could even add to the credibility of the Committee among skeptics. Why won’t they do this?

    If Epps was working for the Feds on January 6, we already know he was not alone. A Proud Boys member turned by the FBI was texting his handler from the middle of the crowd (the Times also claims the FBI had a second informant in the crowd; other sources suggest a group of protestors wearing blaze orange caps were purposely exempted from prosecution as they were informants of some sort.) The story has not received much play in the MSM, because the informant was adamant the Capitol attack was not planned in advance. In fact, none of the 737 people charged so far with January 6 related crimes claimed the attack was preplanned, that Trump incited them, or anything to suggest anything but that what happened happened because of events on the ground in the crowd. Quite the contrary; several have stood up in court and admitted they felt betrayed by Trump and were deluded by his efforts to portray the election as rigged.

    Undercover officers can legally commit crimes, including perjury. Same for paid sources, informants, and snitches. This practice of authorized criminality is secret, unaccountable, and in conflict with some of the basic premises of democratic policing. It exists independently of whether or not the person of concern can be listed as an unindicted co-conspirator. That is relatively meaningless anyway as the easiest thing is simply to not list the undercover on any charging documents at all.

    There are other simple questions whose answers could send the investigation down complex paths. While the Justice Department has called the inquiry one of the largest in its history, why has no information come to light on the pipe bomber, who planted two unsuccessful bombs and set off an aura of panic? Official Washington is one of the most heavily surveilled spots on earth; why hasn’t the Justice Department allowed for the public release of more than a few minutes of the 14,000 hours of security camera footage? The nearly endless social media video online only shows the riot well in process. The surveillance video would show what happened just before the breach.

    Knowing the FBI had informants in the crowd and among the organizations behind the initial rally, we need to know what did they know and when did they know it, specicially in answer to the quesion of what role if any Trump played in the unfolding events. Why has the report on the cop who gunned down protestor Ashli Babbit not been released? Why and on who’s order did the Capitol Police allow hundreds of people to simply walk into the building on the afternoon of January 6? Over 300 protesters entered the building without resistance from Capitol Police. And who was the man in a bicycle helmet whom video shows initiating the window-smashing that ended in the shooting of Ashli Babbitt and why was he welcomed behind police lines once things got out of hand?

     

    We would not need to ask all these questions if the FBI and others did not have such a clear and present history of infiltrating protests and provoking violence; here’s a brief history going back to the Vietnam War era. Hand-in-hand is the FBI’s history of “creating” crimes using planted agents. The Terrorism Era was littered with “plots” that once laid bare, were built around an FBI person recruiting fellow “terrorists,” supplying them with money and (fake) weapons, and then busting them for believing him. Read more here and here.

    A more recent example involved a supposed plot, seen by many as a precursor to the January 6 assault, to kidnap Michigan Governor Gretchen Whitmer. At least 12 FBI confidential informants were involved. However, an investigation also reveals some of those informants, acting under the direction of the FBI, played a far larger role than just snitching. They had a hand in nearly every aspect of the alleged plot, starting with its inception. The extent of their involvement raises questions as to whether there would have even been a conspiracy without them. For all the noise made asking how high the January 6 investigation might eventually go, no one seems to be looking lower, to people who were working that day amongst the protestors just as they had in Michigan.

    This is not say claim Ray Epps is this year’s version of the Grassy Knoll, or that the FBI laid out a full-on Mr. X-style operation to destroy Donald Trump. It is to say the narrative needs to be expanded beyond “Trump did it and democracy is finished” to answer some simple questions. Because if one FBI person assisted, instigated, aided, or abetted in any way what happened on January 6, either by orders or in the heat of the moment, that changes everything. And with the January 6 narrative changed, the election of 2024 changes. It really does matter that the investigation look deeper than Trump as the lone gunman, even if to disprove any Federal involvement.

     

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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 Biden, Democracy

    Hating the January 6 “Sedition Hunters”

    January 23, 2022 // 15 Comments »

    I hate these people. I hate them for who they are and for what they are doing and most of all I hate them for the larger thing they are a part of.

    The people I hate call themselves sedition hunters. They give themselves war names glorified by a liberal press, names like Deep State Dogs and Capitol Terrorists Exposers. What these people do, as a sort of Orwellian hobby, is identify people who participated in the January 6 Capitol riot. They spend their days slithering around the Internet looking for evidence that can put a name to a press photo and then turn what they find over to the FBI in hopes the Feds will play Sturmtruppen to their Gestapo and kick some doors down. They turn neighbors in to law enforcement as a hobby.

    One specific goal they have is to find higher quality images of a suspect that the FBI or their more tech-savvy fellow fascists can run against facial recognition tools. They spend hours on PimEyes, a facial recognition website, copying and pasting photos from CNN freeze frames and Facebook profiles. And unlike the FBI, whose use of facial recognition is at least nominally controlled by law, these amateurs are free to use and misuse the tech on behalf of the FBI without legal or moral fetter.

    Here’s how one hagiographic journalist described the sedition hunters: “There are archivists with the encyclopedic knowledge of the timeline, locations and key players. There are hashtaggers who generate catchy, memorable nicknames [example: NaziGrayHat, AuntRageFace, MAGAGuy] to help the community track the actions of suspects still at large. There are the computer whizzes who create slick websites that let you explore evidence in a user-friendly format. There are the diplomats who serve as liaisons between break off groups in the larger sedition hunters network.”

    One of those slick websites, January 6 Evidence, offers a minute-by-minute timeline linking photos and videos, overlaid with a geolocator map for suspects. You can filter for AntiAbortionTrumpers and CapitolFireExtinguishers, or chose to target only Proud Boys or Oath Keepers. The Persons of Interest page displays almost 1,800 faces, photos we assume were taken from the press coverage but who knows, of those ID’ed and those pending ID, updated with links for people busted by the Feds. One of the page developers, K2theSky, runs a companion Twitter account all about tracking down the January 6 participants that plays out like a serial killer’s bulletin board. You can almost hear her greasy sounds of self-pleasure in the background as a crusader tags another victim. It goes well beyond the “revenge of the nerds” meme the MSM employs to humanize these people.

    The web site is an extraordinary obsession. While you were walking the dog, or volunteering at the food bank, these people did all this work on their own, for free. It takes a lot of hate to inspire thousands of painstaking, detail-oriented hours of free work over a period of months. Imagine that much hate channeled by a charismatic leader. It would be a triumph of will.

     

    Putting the events of January 6 in perspective is important to understanding my hate for these people. January 6 just was not anything significant, despite all the heat and noise. The most perfect way to know that is to look at the convictions resulting out of all this Scooby “sleuthing” and FBI work. To date 702 people have been arrested. Of the completed cases, the majority have been plead guilty to things like trespassing, unlawful entry, and picketing in a Federal building, the kind of things which follow a rowdy Ohio State-Michigan game. There have been no convictions for treason, sedition, incitement or insurrection (though Stewart Rhodes, the Oath Keepers founder, has been charged with conspiracy related to sedition.) Things are so far from reality that one rioter just skipped prison time because the judge noted she came to the Capitol in a tutu and not tactical gear.

    The Capitol riots were goonish, embarrassing, but in the end about as historically meaningful as a floor brawl in the Taiwanese legislature. For it to be a coup, insurrection, etc., it would have needed a path toward accomplishing a change of government. There never was any. Joe Biden was always going to be president just like the election said should happen. All the mob accomplished was a meaningless few hours’ delay in a largely ceremonial christening by the House. Trump’s actions vacillated between bizarre and shameful, but hardly Weimar material. As the fat kid in Jojo Rabbit said, “Not a good time for Nazis.”

    We must also dismiss the notion that the sedition hunters are some sort of modern day crime fighting superheroes. They are politically motivated vigilantes. They don’t hunt pedophiles or murders, they hunt Trump supporters over misdemeanor trespassing cases. Their actions are not aimed at justice but rather toward contributing to a propaganda meme that says what happened on January 6 was the most significant events of their meaningless lives. They do not want to solve crimes; they want to ruin the lives of people pictured by the media.

    In the aftermath of the Rittenhouse trial it has become common to rhetorically ask “What would have happened if Kyle Rittenhouse was black?” So let us try the same here. Imagine a group of online sleuths dedicating themselves to identifying the young black men who busted windows and burned stores during BLM riots. Imagine people devoting their lives to creating online resources with real-life consequences for Americans not charged with any crime, feeding everything from rumors to facial recognition results to law enforcement so they could kick down some uptown door and drag a 24-year-old black kid to jail.

    I hate the sedition hunters because they do not realize they are pawns in a larger game. Democrats and mainstream media are trying to sell the events of January 6 to frightened Americans as a new 9/11. This is in service to two goals: electing a Democrat in 2024, and using the tools of law enforcement against Republican supporters. You, too, should hate that.

     

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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 Biden, Democracy

    Two Truths, a Question and the Problem with Incitement

    January 14, 2022 // 9 Comments »


     
    One truth is the 2020 campaign never really ended. On paper Joe Biden became president and Donald Trump became a real estate developer again, but in reality Biden is simply a placeholder and Trump an active candidate for the presidency in 2024.

    A second truth is in the law, unlike in propaganda and journalism as it is practiced today, words have very precise and specific meanings. Terms like assault, for example are well-defined by decades of case law. You can write gobbledy guck about things like a “verbal microaggressive assault” but that’s just for the rubes; don’t expect the case to make it to court. The same for terms like incitement, hate speech, and conspiracy. Never mind terrorism, treason or sedition.

    The question is: after five years of failed, false accusations against Trump (Russiagate on down), how valid of an election strategy is it to twist vernacular definitions into quasi-legal ones? After so many instances of crying wolf (walls closing in, tick tock, etc,) will doing it all again over the events of January 6 actually win votes for the Democratic candidate, or will voters finally realize the Emperor’s arguments about Trump have no clothing and stay home?

     

    Absent some Pearl Harbor-scale event, it is difficult to see what the Dems can run on in 2024. It is unlikely the Democrats will emerge from the 2022 midterms with a new majority, meaning all of their domestic agenda promises are shot. They are likely to lose the battle over Roe, and accomplish little on immigration other than the half-arsed decision to stop enforcing immigration law on the southern border. Even if Mother Nature casts a vote and cleans up Covid somehow, it will be difficult for Democrats to take much credit. They have no clear plan for unfutzing the economy and any progress made will be seen as catch-up at best. Tearing down statues and appointing transpeople only goes so far.

    Their whole strategy for 2024 is to make people believe Trump tried to overthrow the Constitution on January 6, and having failed sulk away to embrace the electoral process and just run for president again. It’s a tough ask. Propaganda/journalism have failed to sway many minds. To succeed it’s going to require something real, an actual court finding Trump actually guilty of an actual crime that meets the expectations set after flinging around words like treason and sedition. Some goofy tax problem in a New York state court or empty process crimes like “conspiracy to…” which dragged the Russiagate mess, will not be enough.

    The issue? In the law, unlike in propaganda and journalism as it is practiced today, words have very precise and specific meanings. Problem One is there was no coup. Presided over by Trump non-accomplice Mike Pence, Congress did its job. Biden took office. Trump went home. The rioters went home. After a year of efforts none of the 700 some prosecutions have been for anything close to sedition or treason, mostly just fluffy versions of trespassing. None claimed they acted on orders from Trump, Don Jr. or the Pillow Guy. Despite all the over-blown Powerpoints and texts, there was no realistic path toward a coup taking place. That is a very high bar to climb over and prove something serious like treason. You need a fire to prove arson.

    So the Dems and media are left with some lawyering to do, in their minds the equivalent of taking down Al Capone on tax violations. The problem is Capone really did fail to pay taxes. Trump’s actions were instead legal under the First Amendment. The smoking gun can’t have been loaded with blanks.

     

    So the focus ends up on the one thing Trump actually did do on January 6, speak at the Stop the Steal rally. Dems argue his words constitute incitement. You can reread them, but it would be more productive to spend some time learning what actually is and is not incitement.

    A democracy can’t lock up everyone who stirs up a crowd. Speech which inspires, motivates or stirs up the blood cannot be illegal as it is the very stuff of democracy. Trump thought the election was unfair and had a Constitutional right to say so. Democracy could not exist if the law held every speaker responsible for whatever people who heard him talk did later. A finer line was needed.
    The first try at restricting “dangerous speech” was Schenck v. United States, which produced the misunderstood line about not shouting Fire! in a crowded theatre. It would be for the later case of Brandenburg v. Ohio to refine the modern standard for restricting speech. It tightened the criteria to 1) the speech explicitly or implicitly encouraged 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) the imminent use of violence or lawless action is the likely result of the speech. Brandenburg is the Supreme Court’s statement on what government may do about speech that seeks to incite others to lawless action.

    The key to Brandenburg is intent. You have to prove, not just speculate, the speaker wanted to cause violence. A hostile reaction of a crowd does not automatically transform protected speech into incitement. Listeners’ reaction to speech is thus not alone a basis for regulation, or for taking action against a speaker. The speaker had to clearly want to cause some specific illegal act. You need to prove Trump wanted the crowd to attack the Capitol (he instead tells them to walk there and cheer on the legislators “who do the right thing” and “to peacefully and patriotically make your voices heard”) and set out to find the words to make that happen.

    In the 1982 Claiborne v. NAACP the Court ruled civil rights leaders were not responsible for a crowd which, after hearing them speak, burned down a white man’s store. The state’s argument, rejected by the Court, was that no matter how they disguised their codewords and dog whistles, the leaders just knew their inflammatory rhetoric would drive the crowd to violence. Nope, said the Court, the standard is simple, the actual words spoken.

    The law is similar for sedition, seeking to overthrow the government by force. This is intimately tied to the concept of free speech in that any true attempt at illegal overthrow, as well as any legitimate criticism of the government, will both include persuasion and stirring up of crowds. The line between criticizing the government and organizing for it to be overthrown is a critical juncture in a democracy. The law requires the government prove someone conspired to use force to overthrow the government. Simply advocating broadly for the use of violence is not the same thing as violence and in most cases is protected as free speech. That’s why no one from January 6 has been or will be charged with sedition or treason or anything similar. For example, suggesting the need for revolution “by any means necessary” is unlikely to be seen as conspiracy to overthrow the government by force. Actively planning such an action (distributing guns, working out the logistics, actively opposing lawful authority, etc.) could be considered sedition. But that’s not what happened with Trump on January 6.

    Most of the rest of the guff around Trump and January 6 is even emptier of substance, things like “giving aid or comfort” to those committing sedition, conspiracy to forcibly “prevent, hinder or delay the execution of any law of the United States, or corruptly impede any official proceeding. The Dems focus in this sphere is on what Trump did not do to stop the riot, particularly his taking three hours to issue a video request for the rioters to go home. The over-arching problem is that crimes generally require you to do something. Not doing things, or not doing them fast enough to the Dems satisfaction, is hardly a chargeable crime.

    The clearest sign there is nothing real behind the exaggerated claims surrounding January 6 is that after an impeachment, a calendar year passing, and 700 some low-level prosecutions, nothing much has been proven. As with Russiagate, the more time that passes with nothing but media-generated smoke the less likely there is anything more. Even die-hard Trump Derangement Syndrome sufferers like Laurence Tribe are reduced to weakly calling for more robust investigations instead of beating the drum for execution. Time for the left to lump Merrick Garland in with Robert Mueller as a great failure.

    There is certainly room to judge Trump’s actions on January 6. But that judgement must come from the voters, not a kangaroo court, if you want to talk about preserving the rule of law.

       

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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 Biden, Democracy

    Alternate Reality Traps Democrats in World of Dumb

    December 26, 2021 // 10 Comments »


     

    In early December Hillary Clinton appeared on the Today show to read aloud her never-used victory speech from 2016. The scene was bizarre, Clinton tearing up as she read in first-person, present tense about becoming the first woman president, something which in real life did not happen. She then layered on another alternate reality, one in which President Hillary travels back in time to tell her dead mother “your daughter will grow up and become the president of the United States.” She glowed; she was hearing applause that never happened.

    The unreality of it all was leavened somewhat by the reveal Hillary is selling a video “masterclass” on resilience and the speech is somehow an example of that. While this may be just another example of a Clinton grift, like selling a Bill and Hillary Bass-o-Matic, the thing that stands out is never before has a Democrat loser been reanimated from the grave like Hillary. Al Gore and Michael Dukakis are two of those people you Google to see if they are still alive, and even an attention hound like John Kerry pretends his own presidential wipe out never even happened. A good political rule of thumb is to usher your losers off stage (or make them ambassadors.) Instead, Hillary was on the flagship Today show, not a late night infomercial where garbage like “masterclasses” in resilience usually is peddled.

    But Hillary’s delusional take is not hers alone. After a second White Claw the faithful will insist Hillary did win the popular vote, which counts as actually winning in Clinton Math. They’ll quickly tell you Hillary only lost because Trump cheated or the Russians helped. The Dems and the media so believed that Trump did not actually win-win that they spent his entire term in office trying (unsuccessfully) to negate him, impeach him, prosecute him, or just magically wish him away with a fan-fiction interpretation of the 25th Amendment which presupposed Mike Pence was more evil then they were. The high point of the delusion was Russiagate, a saga entirely made-to-order by the Clinton team and fluffed by the media. It’s one thing to self-righteously say “Not my president” (some MSM pundits would add an asterisk to the word president* when referring to Trump) but it is delusional to say “and he can’t be yours, either.”

    With Hillary granted a pass because she is using her defeat delusion to sell merch, one would have hoped the whole thing would have gone away with the election of Joe Biden. Democrats, you won! And you got the House! You can right all wrongs! Instead, the delusions just continue, an entire party seeming in the grip of political Alzheimer’s. One delusion is Trump will be pre-defeated ahead of 2024 by a mythical…  something. This has been kicking around since Trump won in 2016, the idea that he’ll soon go to jail over taxes, property valuations in New York, or one of his lady victims successfully suing him. Sure, the IRS has had Trump’s taxes for decades, there is at worst a civil penalty in property valuation tomfoolery, and all those victims only seem to end up dragging Dems deeper into the mud of hypocrisy as we’re told to believe all women except those who accuse Uncle Joe of getting a little handsy. Dems, if this is your best, your best won’t do.

    Nah, that stuff is just chum in the water while the Grand Illusion is tweaked. That one is a dramatic statement democracy is dying in America and only defeating Trump (again, once was not enough) will save it. It is a big ask to a weary voting block because a) it is untrue; b) the only evidence lies in a made-up retelling of the Capitol riot and c) the Democrats won in 2020 in an election, something which strongly suggests democracy did its job. The rebuttal that January 6 was just a rehearsal is fact-free, and after all, real Nazis only needed one crack at burning down the Reichstag.

    One can find examples of the delusion almost by throwing darts at the Internet, but a concise one is MSNBC meat puppet Brian Williams’ farewell address. Williams of course earned America’s trust as a journalist by constantly lying throughout his career, usually in ways that suggested he was studlier than the Rock. Williams said “I will wake up tomorrow in the America of the year 2021, a nation unrecognizable to those who came before us and fought to protect it, which is what you must do now. They’ve decided to burn it all down with us inside… But the darkness on the edge of town has spread to the main roads and highways and neighborhoods… Grown men and women who swore an oath to our Constitution, elected by their constituents, possessing the kinds of college degrees I could only dream of, have decided to join the mob.”

    First of course, an acknowledgement Williams plagiarized the phrase, “darkness on the edge of town,” from Bruce Springsteen, himself given over to the delusion because even as he pals around with Barack Obama all the characters from his songs now vote Republican.

    If you haven’t guessed it, Williams is referring to the delusion that the Capitol riot was the seminal event of American democracy. Williams, like others, believes Hillary won in 2016, that the Trump years saw America held prisoner, and that Trump spun up a mob on January 6 to overturn the election and remain in the White House as dictator. That none of that happened, and in fact could never have happened, matters not if you believe in it hard enough.

    Williams is far from alone. “Democracy will be on trial in 2024,” the Atlantic’s Barton Gellman writes. “American democracy is tottering,” warns Vox. “Can American democracy escape the doom loop?” says one Salon piece. “If America really surrenders to fascism, then what?” asks another. “If Merrick Garland Doesn’t Charge Trump and His Coup Plotters, Our Democracy Is Toast,” says the Daily Beast.

    “Are we doomed?” writes the once sentient George Packer. Packer actually imagines “A blue militia sacks Trump National Golf Club Bedminster; a red militia storms Oberlin College. The new president takes power in a state of siege.” Google up as many examples as you want, they are as common as anti-anxiety meds should be on Brian Williams’ night stand. Even Hillary has weighed in, warning “[2024] is a make-or-break point. Are we going to give in to all these lies and this disinformation and this organized effort to undermine our rule of law and our institutions, or are we going to stand up to it?”

    Charles Blow in the NYT seems to take the prize, in an article headlined “We’re Edging Closer to Civil War.” Blow claims “this war won’t be only about the subjugation of black people but also about the subjugation of all who challenge the white racist patriarchy. It will seek to push back against all the ‘others’: black people, immigrants, Muslims, Jews, LGBTQ people and, yes, women, particularly liberal ones.”

    So looking ahead to the democracy dies in the darkness delusion which appears to be the centerpiece of the Democratic campaign of 2024, Americans must be tutored to believe the Capitol riot was part of a massive conspiracy involving Trump, hoping to end democracy in the United States by overturning the 2020 election results via some means no one is able to articulate. All that could have happened was Congress delayed its largely ceremonial blessing of the electoral college results for a day, assuming they just did not convene the afternoon of January 6 somewhere else besides the chaotic Capitol. There is no realistic scenario that could have changed anything that mattered, and no evidence of any national-scale conspiracy underlaying the riot. It was just a bunch of angry people who got out of control for a couple of hours then went home to wait on being arrested months later. None of the rioters has been charged with treason or terrorism, mostly just trespassing. None of the arrested claimed they acted under any organized structure set in place by Trump or anyone else. In their trials each basically said the same, things got out of hand.

    After selling voters that something that did not happen happened, the Democrats must then explain how after four years in power they have not really done much to bulk up democracy except whine about stuff that’s unfair, such as Republican gerrymandering (but not Democratic gerrymandering) and Republican poll watchers (but not Democratic poll watchers) and Republicans not accepting election results (but not Democrats like Stacey Adams not accepting election results.) Never mind out-and-out garbage like the same court system is racist when it acquits one shooter and on-the-mark when it finds another guilty based on the races of shooter and victim. Voters will also have to buy in to the Democratic delusion all the bad stuff they said Trump was gonna do but did not do — LGBT concentration camps, war with Iran, fascism — will for certain happen the next time.

    Elect us to save democracy, say the delusional Democrats, ignoring the reality that democracy is bumbling along pretty much as it was intended to do. The Dem line would all make more sense if Trump had appeared bare chested at the Biden inauguration atop an M1 tank or something, but that is the nature of delusion.

       

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    Posted in Biden, Democracy

    Wishing Trump Away from 2024

    December 8, 2021 // 10 Comments »

     
    The Democrats only possible path forward is to ensure Trump does not run in 2024. They want to lock him in jail.

    With only three years left to go, the 2024 race is narrowing quickly to Trump versus Some Democrat. By election day President Biden will be a vaguely sentient 82, VP Harris likely will have left the country, and the Dem’s rainbow coalition of identity claimants will quickly winnow itself down to nobody as their collective lack of experience devalues their various claims of victimhood. What to do about Trump?

    You can convince a group of Americans for awhile Trump is a Russian agent, or violated an Emoluments Clause thingie they never heard of, just by saying it over and over. The problem is once the accusation reaches the judicial system, the Maddow-Goebbels Gambit withers. Once in the courts, words like “fraud” have very specific meanings. Treason, and anything that brushes against free speech such as incitement, have long trails of precedence. Even for something as basic as the Kyle Rittenhouse self-defense case, any first year law student will tell you there are five elements that need to be met. If the jury agrees they were met, the defendant walks, whether BL really M or not. The rule of law means those tests apply no matter how certain the public is that Rittenhouse is a murdering white supremacist. Or Trump an immoral misogynist. Of course what the Dems really want is a law making “being Trump” illegal. But in America those things are still weighed by elections.

    Everyone is familiar with the litany of such failures to turn belief into crime over the last four years — Emoluments Clause, Russiagate, impeachments I and II, Stormy Daniels, obstruction of justice, and incitement. On the sidelines were extra-judicial attempts connected with the 25th Amendment, having doctors who never examined the man declaring Trump mentally ill, and even accusations of incest. The Southern District of New York previously failed to indict Trump’s children and failed to prosecute Paul Manafort. E. Jean Carroll’s rape-cum-defamation case was so egregiously lousy even the Biden DOJ took Trump’s side.

    One of the latest rumored prosecutions-to-come involves Trump under-valuing properties for tax reasons, then over-valuing them to get loans, which despite the banks involved being happy enough with the terms after their own due diligence, Dems think maybe could be some kind of fraud. This kind of property valuation switch is practically New York City’s official sport, and is often and well-played by many property owners a few billion dollars short of Trump. The regulations governing how one values a NY property are thick. Built into the law is an automatic fudge allowing the same property to have both a high market value and a lower asset value. Problems are sorted out as civil matters and usually settled with the city sending out a bill, especially if the bank is not claiming fraud, only the DA, as in Trump’s case. “New York’s property tax system,” wrote Bloomberg, “is demonstrably inaccurate and unfair.” Michael Cohen, recently in prison for being a liar, is trying for another round in the spotlight claiming he has the evidence. To think the Dems will ignite righteous anger among voters with something this dense is quite funny.

    All the smoking guns fired blanks. Behind every attempt to overturn the election was a certainty by the zealots that Trump must be guilty of something. Yet it all failed. Trump served out his term. He is not in jail. But “just you wait!” remains an ever-weaker rallying cry heard by ever-fewer diehards.

    Like bad poker players, the Dems have all too obviously tipped their hand on their 2024 strategy. The full-court press will, sadly, focus on January 6, an out-of-hand riot wished into a second life as a coup, an insurrection, or an overthrow attempt. The characterization is silly; among other things, a coup must have some path towards success, in this case, preventing Joe Biden from becoming president. The rioters at best might have delayed the largely ceremonial counting of the Electoral College votes until the next day. They didn’t even get that done.

    As before, the truth is of little importance. The Daily Beast is one of many outlets claiming “If Merrick Garland Doesn’t Charge Trump and His Coup Plotters, Our Democracy Is Toast.” The article does not mention any specific, chargeable crime Trump is to be charged with, though it mentions the words coup and abuse of power a lot. Like all of its lot, it does not address the gaping question of why the actual Capitol rioters have only been charged with things like trespassing, and not treason or sedition. Surely as what one journalist called the armed wing of the Republican Party (comparing them to the IRA and Sinn Fein) some of the January 6 cosplayers should by now be charged with something serious enough to warrant fears the Republic itself hangs by a thread.

    Since the Democrats have no viable 2024 candidate, and since Trump’s support remains high, the only way to defeat him is by some non-electoral process just short of Dealey Plaza. Political prosecutions are not new in America. Political pogroms are. There has never in our history been a more sustained yet unsuccessful judicial effort to oust or destroy one man.

    The Democrats, so used to failing at this, are also not looking at the secondary effects of their dirty work, specifically wearing out the public they seek to influence against Trump. After four years of faux scandals being spiked into the public’s veins, how many more times can they try the same game before voters simply stop listening? Meanwhile, every shot at Trump that misses only increases support among his own followers as the candidate brags about beating the charges again. When non-supporters begin to ask themselves if indeed Trump is right when he claims persecution, the Dems have already lost.

       

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    Posted in Biden, Democracy

    FYI: There was No Coup, No Reichstag Fire

    August 7, 2021 // 10 Comments »


    We need to clear some things up before they get any further out of hand, as the Dems insist on making this stuff every day’s front page. For starters, please stop saying “Reichstag moment.”  Also there was nothing even close to a coup on January 6, and those who fan the flames claiming we were “close” to a coup, overthrow, losing our democracy, etc., have evil designs on freedom and we should not listen to them. Done.

    If the aliens flying around Navy ships were to stop long enough to listen to a couple of hours of “news,” they could easily believe Trump is still president, or at least still running against Biden. The MSM has him dominate the news, typically by recycling stories from his time in office, even recently reviving that he is a Russian asset. When Grandpa Simpson and Kamala “Silent Shadow” Harris tottered into the White House, they became president. Done.

    Some 500 protestors taking selfies inside the Capitol building is a tantrum not a coup. Among other things, a coup must have some path towards success, in this case, preventing Joe Biden from becoming president. The rioters at best might have delayed the largely ceremonial counting of the Electoral College votes until the next day which would not have been a coup, or forced Congress to meet at Starbucks to do its job, also not a coup. Done.

     

    Not done. The latest addition to Coup Cannon comes from then- and somehow still- Chairman of the Joint Chiefs General Mark Milley, apparently auditioning for a retirement job as a CNN analyst. Milley was so shaken Trump might attempt a coup or take other illegal measures after the election he and other top officials planned to stop Trump. Neither Milley nor any of the others actually spells out what Trump might have realistically done in some Calvinball-like way to make said coup happen. Milley’s Strangelovian performance art is based on nothing but the spittle running down his chin. American soldiers have been required to refuse illegal orders at least since Biden wore diapers, so Milley’s histrionics are just that.

    Milley nonetheless felt “growing concern” after Trump placed “loyalists” in positions of power after the November 2020 election, replacing both Defense Secretary Mark Esper and Attorney General William Barr. He feared based on his own sizable gut these moves “were the sign of something sinister to come” (Update: Nothing sinister came.) Milley failed to recognize all presidential appointees are “loyalists” and somehow Trump did not replace Milley, who clearly had not read his oath recently, especially the part about taking orders from the civilian head of government.

    In fact, if anyone is a threat to democracy it is nutjobs like Milley, who feel free to weave in and out of answering to the Commander in Chief based on their personal “concerns.” The general’s tough love for the Constitution apparently did not include the right to assemble, as he referred to a pro-Trump march protesting election results as “the modern American equivalent of brownshirts in the streets.” Dems now want to make a hero out of a man who feels his judgment is superior to the Constitution.

     

    While Milley was rewriting 230 years of military prudence in late 2020, Paul Krugman of the NYT wrote there were “substantial odds America as we know it will be damaged or even destroyed” by the election (Update: it was not.) He told us to “expect violence from Trump supporters, maybe lots of it, both to disrupt voting on Election Day and in the days that follow” until Trump “stops counting of absentee ballots, claims massive fraud, and probably tries to get the Supreme Court to overturn the result” (Update: that did not happen.)  Elsewhere in the Times’ bunker, Thomas Friedman said America today reminded him of the Beirut at war with itself he covered as a cub reporter (Update: Beruit was way worse.)

    Over at The Nation they simply assumed Trump would illegally remain in power. The writer’s real concern was “we have the moral high ground. But we don’t have, frankly, the military leadership in place to direct a guerrilla campaign against an illegitimate regime. We don’t have a government-in-exile waiting to take power. We don’t have international allies. We don’t have an underground network of spies and saboteurs. . . but we can lay our bodies down in front of the tanks.” Any hope for the rule of law? Nope. “The Supreme Court too is, fundamentally, an anti-democratic institution run by people who are not subject to the popular will of our diverse society.”

    The Nation should not have worried about having to go Red Dawn unarmed. General Milley said “They may try [a coup] but they’re not going to f**king succeed. You can’t do this without the military. You can’t do this without the CIA and the FBI. We’re the guys with the guns.” An interesting take on where power lies in a nation whose founding document begins with We the People…

    Milley’s real plan was to prevent Trump from using the military in a coup by using the military in a coup against civilian leadership to gun down American citizens. CNN reports after January 6 Milley feared an attack on the presidential inauguration, telling senior military leaders: “Here’s the deal, guys: These guys are Nazis, they’re Boogaloo Boys, they’re Proud Boys. These are the same people we fought in World War II. We’re going to put a ring of steel around this city and the Nazis aren’t getting in.”

    But Milley is also a liar, claiming publically at the same time “I foresee no role for the U.S. armed forces in this election process. We will not turn our backs on the Constitution of the United States” while planning his Ring of Steel (it sounds better in the original German, Ring aus Stahl.)

    Our observer from Mars might be confused. As far as a threat to democracy, it is General Milley who was preparing to disobey the Constitution and take a patriot-sized dump on his chain of command. It is progressive porn rag The Nation telling their readers they will fight a guerrilla war against other Americans, and that the Supreme Court, the third branch of government, is an antidemocratic institution. Who again is the threat? Trump’s out of office; Milley still holds command of the entire U.S. military.

     

    And so to the Reichstag. With as little knowledge of history as they have of coups, the MSM turned the Reichstag fire into shorthand for everything they fear Trump would do but somehow never did. The 1933 Reichstag fire was a false-flag arson attack on the home of the German parliament in Berlin. The Nazi Party used this as a pretext to claim communists were ready to overthrow the elected government. Left out of the current misuse of the analogy is Hitler had already become Chancellor before the fire. More importantly, missing when trying to connect 1933 to modern America, is a full lack of context.

    Hitler had already achieved power, transparently on promises to conquer the world, implement the Final Solution, and all sorts of other Mein Kampf stuff. He had announced plans to abolish democracy via the Enabling Act, which gave him power to pass laws by decree without the involvement of parliament. That next step needed an excuse, a trigger, to crack down, not a prime mover to seize power. The Germany around him was also over ripe for change, having been humiliated in WWI and suffering near-crippling unemployment and inflation. Historically Germany had had only a few years’ taste of a wimpy democracy, and a long history of autocracy. No matter how dramatic someone wants to portray Trump’s non-actions, none of what never happened came within miles of what the real Nazis did.

     

    If there was no coup on January 6, and no possible road to a coup, why are we still talking about all this? We should be mocking those who have no basic understanding of current events, never mind history. But we are still talking about all this (with Nancy Pelosi’s deck-is-stacked “investigation” looming) because the Biden agenda is stalled. He has decreed a few things that undecreeded a few things Trump decreed, but is unlikely to make much progress on all those promises of infrastructure, immigration reform, or student loans. Inflation is at a 13 year high even as gas prices eat away at what’s left of our middle class. There is no vision to end the COVID panic. The social justice and culture war issues which dominate Democratic mindspace seem even more flaccid with Trump out of office. So what do Democrats have left to run on?

    Trump. The Democratic message for the midterms and beyond is Trump, coups, January 6, white supremacy, racism-a-go-go, militias, domestic terrorism, a veritable Nazi renaissance. Dems have little else but fear of things that never happened to work with, and hope to milk the “But at least we’re not Trump” cow one more time. So get ready to party like it is 2020. And just wait for #Reichstagification to start trending.

     

     

     

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    Posted in Biden, Democracy

    QAnon Militia Embed

    July 31, 2021 // 14 Comments »


    See if you think this is funny.

    He called himself a QAnon Tier I Ranger SEAL Operator, and had the 17 tabs down one sleeve overflowing with velcro to prove it. “In a situation like this, you, Embed, stick to me and I’ll get you home, brother. Unless the GPS gets us lost again.”

    Behind the wheel of his F-150 looking for parking near the state capitol, I knew he meant it. The eyes, always the eyes. In the backseat was his AR-15 gun with the handle on top, equipped with several dozen accessories from Bass Pro. His personal gear said he was ready, clothing half in arctic-urban-backyard camo, half blaze orange. “I can’t afford this sh*t unless I can get two seasons out of it,” he said. He asked I call him “Mike,” though I found out on Facebook his real name is Michael. His tactical hair gel caught the light as he spoke.

    “The plan goes down like this. If we find free parking we approach from the east. If we have to feed the meter, I come in from the north and the guys coming by city bus will enter east. The radio rang. “Honey, I told you it’ll be after 6pm… I don’t know, get a pizza,” he said in some sort of code.

    “The mission today is simple. Occupy the space in front of the CNN camera crew and dominate the interviews. The CNN crew will ID themselves by removing their heads from their own butts, so watch for the signal. Stay frosty in case we spot Maddow and I call an audible. And bunch up so it looks like there’re more of us.”

     

    Hah, pretty funny, yeah? I made that up. But this is true: Daily Beast published a “scoop” revealing one of the men charged in the January 6 riot had a fully assembled Lego model of the Capitol in his home, which the FBI insinuated was used as a tactical planning tool and thus seized as evidence. It formed part of the prosecution’s argument against bail. The problem is even that wasn’t true; the man merely had the unopened Lego set and the prosecutors lied. “In original detention memoranda, the undersigned stated that law enforcement found a ‘fully constructed U.S. Capitol Lego set.’ The Lego set was in a box and not fully constructed at the time of the search,” the new filing says. Meanwhile the accused rioter remains in jail. The Lego Capitol set, once sold in the Capitol gift shop, is still available on Amazon.

     

    And this is true and not so funny. Most of the 538 people arrested for the January riot did not commit acts of violence, and face accusations of little more than gussied up trespassing. Many were charged simply with violating a 6 pm curfew imposed that day. Yet almost all have been denied bail and are being held in solitary in Washington, D.C. city jails as a “safety measure.” The result is the accused find themselves in lockdown 23 hours a day before their trials even start.

    In any other context such treatment of innocent people would raise a woke storm. The ACLU claims “prolonged solitary confinement is torture and certainly should not be used as a punitive tool to intimidate or extract cooperation.” Except that it is in what has become a punitive political prosecution. The decision maker on the accused’s jail conditions? Biden’s Attorney General.

    Meanwhile, after six months, the first person was finally tried. She turned out to be a woman who plead to a misdemeanor charge of “parading in the Capitol building” and was given probation. The second prosecution ended with time served on a misdemeanor charge. Next up was a yet-unsentenced plea to “obstructing Congress.” Another trespasser had his bail revoked and was sent to solitary for leaving a voicemail referencing “the size of his genitalia.” In a Zoom hearing, the same fellow “wore sweatpants and ate breakfast on the call,” and in February sent a “vulgar” email where he called an FBI agent “fat necked.” Brownshirt stuff, amiright?

    In another pending case involving no violence or vandalism, prosecutors demanded maximum penalties, stating though “individuals convicted of such behavior may have no criminal history, their beliefs make them unique among criminals in the likelihood of recidivism.” In other words, a thought crime. The single felony conviction out of all of this led to only an 8 month sentence for “obstructing an official proceeding.” Prosecutors had demanded a much greater sentence by claiming the action was a bombastic “assault on democracy.” As a metric, Hitler was sentenced to 5 years in prison following his attempted “beer hall putsch.”

    Only 533 cases more to go to see justice. Rarely have so many resources been used to accomplish so little.

     

    This is also true but not so funny. The day after the Capitol riots, the FBI asked Americans “to step up” and identify people who participated. Not only did friends and relatives rat each other out, but armies of unrelated people jumped at the chance to roleplay Stasi. Even somewhat news organization CNN helped ID people on behalf of the FBI. The NYT published a guide to militia symbols so would-be sleuths could tell their Oathkeepers  from their QAnons. The AP called these citizens “sedition hunters” as America weaponized Kancel Kulture Kids into an e-mob.

    “I put my emotions behind me to do what I thought was right,” said Jackson Reffitt, whose GoFundMe hit $140k after he turned in his own father to the FBI. Himmler’s heart grew three times in size seeing the zeal of ordinary people to get with the pogram.

    Tech found its niche. While the mob was still in the Capitol building multiple groups, including Bellingcat, started to scrape everything posted to build evidence for the FBI. Reddit users created a 12GB tranche of videos. Intelligence X (whose customers are “companies of all sizes and governments”) has 1,300 files. The goal is to crowdsource IDing so no rioter escapes. “If you look at the history and incidents like the 1812 breach of the Capitol as well as the 1933 German Reichstag fire it highlights the need for accurate and original data in historical context,” said Intelligence X’s CEO. Wired reminds us in the context of 1/6 how “Previously, third-party groups archiving video and photo evidence has been crucial in the process of identifying war crimes happening in Syria.” The 1812 breach was by the British Army in time of war. There was no fire, Reichstag or otherwise, on January 6, and no certainly no war crimes.

    Further extending the private sector’s reach into Americans’ civil rights and privacy, the Department of Justice hired a contractor (Deloitte @ $6.1 million) to categorize all this tech-collected data, surrendering the decision of who is prosecutable to private industry. A judge has currently put the project on hold.

    Working the other side of the operation, Facebook, Twitch, and YouTube deleted live streams of the Capitol riot and demonetized the accounts. Twitter went further, tagging Trump’s tweets about the riot with a warning, deactivated most engagement “due to a risk of violence,” all before removing the Trump material completely. For next time, Facebook revealed it has a tool called CrowdTangle which tracks users’ high engagement levels with whatever the hell Facebook thinks is a right-wing media source. The tool is available only to selected academics and journalists, of course.

    And this is not funny at all. The FBI published a manual for citizens to use to report on each other for “displaying a readiness to commit a
    violent act” or even “displaying a mindset oriented toward committing a violent act.” Most of it is recycled from some post-9/11 “How to Spot an Islamic Terrorist Under Your Bed” campaign, making it even more obvious white militia is to be this generation’s jihadi boogie man. Though a jaunty warning reminds many of the FBI’s “indicators” are also constitutionally protected actions, such as owning a gun and criticizing the government, the main point is when in doubt, turn them, Citizen, Your Government will sort them out from inside solitary.

     

    Lot of laffs there. Funny as it is, despite the wishes of Democrats, their FBI, and their MSM, the January 6 riot just was not an attempt to overthrow the U.S. government or change an election. The rioters had absolutely no path to doing that, no mechanism for stopping Joe Biden becoming president. They hardly even qualified as vandals: no fires set, no destruction of priceless paintings or statues, no ransacking of files. They dispersed relatively quickly and simply went home. In contrast, BLM riots took dozens of lives and did millions of dollars in damage across the nation for months.

    The Democrats also have a larger goal in mind, to get people used to working to further political law enforcement, and to become more comfortable with if not demanding of unequal law enforcement as a political tool. So no surprise the Biden administration just unveiled a national strategy to combat “domestic extremism,” calling for ideological screening of government employees for ties to “hate groups.” The plan highlights a shift in the government’s approach to counterterrorism, which for decades prioritized fighting foreign terrorists. Those same tools of war will now be turned inward, on us. And that for sure is not funny.

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    Posted in Biden, Democracy

    A Tale of Two Murders: George Floyd and Ashli Babbit

    July 24, 2021 // 16 Comments »


    Here’s a tale of two cops and two murders, Derek Chauvin and George Floyd, and John Doe* and Ashli Babbitt. Two cops, two unarmed citizens killed. One you care about, one you don’t. Even murder is politicized these days.

    It is hard to imagine anyone needs much of a recap on Chauvin-Floyd. George Floyd, a black man, tried to pass off a counterfeit $20 bill while messed up on drugs. Minneapolis police officer Derek Chauvin and other cops responded, and in the process of restraining Floyd, killed him. Everyone has seen the video of Chauvin kneeling on Floyd’s neck, and as if it was a civic duty, judged for themselves whether it was appropriate, necessary, and the cause of Floyd’s death.

    A jury judged those things, too, and the result was a 22.5 year sentence for Chauvin (in handing down the sentence the judge said it was justified in part because Chauvin “committed his crime in the presence of children,” who of course had gathered to help jeer at the cops.) The woman who shot the snuff video won a Pulitzer prize.

    Floyd’s death set off an angry summer of violence under the rubric Black Lives Matter, as progressives shut down opposing voices and several downtowns to insist Chauvin’s actions were part of something called systemic racism reaching back as far as 1619 in unbroken lineage. Celebrities, politicians, and academics jostled each other for camera time to demand the police be defunded. You might have seen something about all this on the teevee?

    There’s video of Ashli Babbitt being killed by law enforcement but it has been played by the MSM maybe 1/10,000 as often as the Floyd murder porn. Babbitt, wearing a Trump flag like a cape, was one of the rioters who smashing the glass on the door leading to the Speaker’s Lobby of the Capitol. A plain clothes Capitol Police officer without warning fired a shot and Babbitt fell into the crowd and died. It was the only shot fired in the riot. A SWAT team just behind Babbitt saw the situation differently and never fired on her or those with her.

    Like Floyd, Babbitt was unarmed. Like Floyd resisting, Babbitt was committing a crime when she was killed by a cop. Unlike Floyd, there is no question of whether she was resisting arrest because the cop never got that far. He just shot her.

     

    In Floyd’s case, we know everything about Derek Chauvin, and saw him convicted in open court. Not so with Babbitt’s killer. Almost all police departments nationwide are required to release an officer’s name after a fatal shooting. Not the U.S. Capitol Police, which answers only to Congress. Even as Congress demands nationwide police reforms (ironically, the new, lower standards of proof proposed by H.R.1280 — George Floyd Justice in Policing Act of 2021 — would condemn the Capitol cop) they have steadfastly refused to release the name of Babbitt’s killer. In February, the Capitol Police stated they would “share additional information once an investigation is complete.” Investigators closed the case in April, cleared the unnamed officer of wrongdoing in Babbitt’s death without addressing the fact that the medical examiner ruled the death a homicide, and left it at that. Stuff happens, ya know?

    No trial, no public accounting, not even a name for the Babbitt family to use in filing a wrongful death suit. Because Congress exempts the Capitol Police from Freedom of Information Act requests, the family is forced to sue “for documents that identify the officer who shot Babbitt… as well as notes and summaries of what the officer said regarding the shooting and the reasons he discharged his weapon.”

    They’d like more information on Babbitt’s death than the “investigation” provided. The Department of Justice simply wrote there was “insufficient evidence to support a criminal prosecution.” DOJ did not hide its legal fudge, which had its investigators look narrowly on a Constitutional question, not the homicide.

    Without shame DOJ said it focused on 18 U.S.C. § 242, a federal criminal civil rights statute. This requires prosecutors prove the officer acted willfully to deprive Babbitt of a right protected by the Constitution, here the Fourth Amendment protection against unreasonable seizure.  Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully” to deprive Babbitt of her 4A rights. That meant evidence an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required. In lay terms, that’s called a set-up enroute to a cover-up.

    Contrast that with the Chauvin prosecution, where prosecutors charged manslaughter, second-degree murder, and third-degree murder in the one death of George Floyd, leaving the civil rights question which saved the Capitol cop as a separate matter. That allowed prosecutors to instruct the jury (there of course was no jury in Babbitt’s case) to decide on emotion, saying “Use your common sense. Believe your eyes. What you saw, you saw.” Imagine a jury in Babbitt’s case, exposed to a looping video of her killing, acting on the same instructions. But that never happened.

    No one had much to say during the Babbitt investigation. In Floyd’s case, Joe Biden said he was praying the jury would reach the “right verdict,” calling the evidence “overwhelming in my view.” Maxine Waters demanded protesters become “more confrontational” if Chauvin was acquitted. That was so blatantly inflammatory it was almost grounds for a mistrial.

    The president cheers on one prosecution, remaining silent while another murder is made to go away. Cities erect monuments to George Floyd while the NYT runs gossipy articles on Babbitt’s marriage problems. Asking for justice in Floyd’s case is a duty, even if it means burning down stores. Those who want the same justice for Babbitt are mocked as QAnon cultists. Did she not also bleed?

    Oh, there’s more. Floyd was only on drugs passing fake money because of racism whereas Babbitt was a seditionist, a vandal, who asked for it as certain as if she wore a mini skirt down a dark alley to taunt her rapist. Floyd’s death created a movement for change. Candidate Trump’s embrace of Ashli Babbitt as a martyr anointed “January 6 a heroic uprising” for white supremacists seeking to overthrow democracy. Absolutely no one would write of Floyd, as one MSM outlet did of Babbitt, “her death, while tragic, occurred for a very good reason. The Air Force veteran, who had been fully converted into the most dangerous and fantastical pro-Trump conspiracy theories, had joined the aggressive vanguard of the January 6 insurrection.” Bitch deserved it. The article went on to compare Babbitt’s martyrdom to “Horst Wessel, a German storm trooper killed by communists in 1930, who inspired the eponymous Nazi anthem.

    Others claim Trump is liable for the death, that the answer to Who Killed Ashli Babbitt? is Trump. WaPo wrote “The death of Ashli Babbitt offers the purest distillation of Donald Trump’s view of justice,” which apparently means to them Trump supported George Floyd’s killing while mourning Babbitt’s. Daily Beast frets “If the base believes they are being prosecuted and even ‘assassinated’ [like Babbitt] they will justify anything to reject Democratic rule and future elections that deprive them of power.” Sears and Kmart apologized and pulled from sale T-shirts reading “Ashli Babbitt American Patriot” after an outcry on social media. Headlines read “Marjorie Taylor Greene provokes outrage by comparing Ashli Babbitt’s death to George Floyd’s” because Babbitt was OK-shot “while actively participating in a violent riot” and Floyd was murdered by racists.

    It is difficult in the face of so much hypocrisy to find the air to comment on the state of our country. Some murders are more equal than others. Dead bodies only matter when they can be used for your sides’ political purposes. How many white conservative deaths does it take to equal one black death? Why are some cops murderers and others protected with anonymity and a free-pass investigation?

    The absolute craven transparency of the progressive argument is what gives me hope. Hope that at some point enough Americans will set aside their blind Trump rage, look past the 24/7 propaganda directed at them, and come to realize even murder now only matters for the clicks it generates. Our media is happy to justify Babbitt’s death, seeing it almost in biblical terms for supporting Trump. Floyd, always just a victim of an unjust society.

    Ashli Babbitt was put down for our political sins, and her killer escaped justice with the government’s help. Now ain’t that the Democratic vision of America?

    ———

    *The Capitol Police and the Congress which controls them refuse to name the officer who shot Ashli Babbitt to death on January 6. RealClearInvestigations, however, has identified the shooter as Lieutenant Michael Byrd, a black man. Since then, CNN and others have “voluntarily” removed Byrd’s name from hearing transcripts, and his social media has been scrubbed.

     

     

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