The Trump Swamp, Ctd

Maybe someone whispered in the Administration’s ear about how bad this looks. In the first entry on this thread, I noted that the Administration’s refusal to release information on who was receiving Small Business Administration emergency loans, despite an earlier agreement, was simply another marker of corruption. Treasury Secretary and denizen of the Trump Swamp announced a reversal of policy:

The U.S. Small Business Administration and Treasury Department announced Friday that they would release a data set showing which businesses received many taxpayer-funded Paycheck Protection Program loans, walking back an earlier stance that all of the business names would remain hidden because the Trump administration considered them proprietary.

The disclosures will include the names of recipients who received loans of more than $150,000 and it will also reveal a dollar range for each loan, such as whether it was between $1 million and $2 million. Precise dollar amounts will not be disclosed, the Trump administration said. Borrowers who obtained loans of less than $150,000 will not have their identities disclosed. The administration said nearly 75 percent of all loans were for $150,000 or more, so most borrowers would be revealed.

The announcement came after several weeks of tense negotiations with congressional leadership, in which members of both parties pressed for some form of disclosure. The plan announced Friday amounts to an attempted compromise in which most loan recipients will be made public while specific details would be obscured.

“We are striking the appropriate balance of providing public transparency, while protecting the payroll and personal income information of small businesses, sole proprietors, and independent contractors,” Treasury Secretary Steven Mnuchin said in a statement. [WaPo]

I am an American Citizen, so I can say I’m pleased that something is worked out, but very displeased that it took this beating around the bush to get there. And the news that most safeguards against fraud were not implemented due to the emergency situation is, of course, depressing. I have to wonder how many of Trump’s “friends” will unethically benefit from that.

But speaking of beating around the bush, I sometimes wonder if blunders like this might play a part.

Sen. Marco Rubio (R-Fla.), who played a lead role in designing the program, said he was satisfied with the plan announced Friday.

“The American people deserve to know how effective the PPP was in protecting our nation’s small businesses and the tens of millions of Americans they employ. That is the standard by which we must measure the success of the PPP: how many paychecks were protected,” Rubio said in a statement.

Deserve? Deserve? What the bloody hell have we done to deserve such information?

No, the proper reason is because American society will run more efficiently with that information out there. No one really trusts corporations, but if we have that information available, we can check to see who took advantage of the loans, and then go on to determine if they fit our mental criteria for those loans – or if they just supped illicitly at the buffet.

I don’t blame Rubio for such imprecise thinking, for it’s a common rhetorical device in today’s society. But, having become aware of the importance of how information is communicated as well as what is communicated, I do tend to twitch at such ludicrous assertions. The twitching is particularly large if I’ve just gotten off work, where a literal mindset helps the work proceed more smoothly. And I wonder how much such imprecise rhetoric reflects poor cognitive processes that lead players such as Mnuchin to, somehow, claim that such information is proprietary and confidential, when, as Rampell pointed out in the article that started this thread, the very application forms made it clear that the information would be public.

Or is he just trying to get away with anything possible?

A Repeating Echo

It’s worth noting that police killings of unarmed civilians is not unique to the United States. Eleven months ago the death of Solomon Tekah unsettled Israel, as Mazal Mualem reported at the time in AL Monitor:

Tekah, 18, was killed on the night of June 30 in a public park in Kiryat Haim. The police officer who fired the shot said he was at the site with his family when he saw a group of young people fighting. He tried to break it up, but they started attacking him and even threw rocks at him. Feeling that his life was in danger, he pulled out his gun and fired a single shot into the ground. Tekah was killed by that shot.

The protest that erupted after Tekah’s funeral was one of the most violent Israel has ever seen. It continues to reverberate across the country and could erupt again when the investigation’s final findings are released. The protest is giving voice to a growing sense of distrust among weaker sectors of the population for the various law enforcement agencies, chief among them the police and the Department of Internal Investigations. For the Ethiopian community, these two bodies represent the institutionalized racism they face because of the color of their skin, more than anyone else. As the Ethiopian community sees it, the Department of Internal Investigations will always trample on their rights. Perhaps that is true, but even if it is not the case, feelings such as this point to an unhealthy and potentially volatile social situation. …

The killing of Tekah opened a Pandora’s box that refuses to be shut. Dozens of horrific stories of racism, beatings and false arrests directed at the Ethiopian community have been making the rounds over the last few days, both in the press and on social media. The worst of these describe violence and abuse by the police. “Shut down that tainted organization known as the Department of Internal Investigations!” was a popular chant at protests last week. It shows that there has been a complete breakdown of trust in the system.

Has the situation improved in Israel? From the AL Monitor email that caught my attention:

This month, the incoming deputy minister of public security, Gadi Yevarkan, a member of the Likud party and a child of Ethiopian immigrants, has proposed legislation to dismantle the Internal Affairs department and place it under the Justice Ministry.

His ally in the fight is Pnina Tamano-Shata, the first Israeli of Ethiopian origin to serve in the Knesset (parliament) and the minister of immigrant absorption.

“The very fact that Yevarkan and Tamano-Shata were appointed to senior positions in government is especially important to the fight against institutional racism,” Danny Zaken writes. “Their test will be whether they succeed in bringing about real change in the coming years.”

Perhaps they’re also endeavouring to take the difficult but necessary hike to remove racism.

More recent events in Israel-controlled Palestine (police killing), Tunisia (general racism), and concerning French sculptures insulting to Egypt are also noted.

Getting beyond our xenophobic natures will be a difficult but necessary task if we wish to avoid a blood-soaked future in which the vulnerable innocents are the victims.

Perhaps Loyalty Is Not Their Priority

I found the implicit and, in my mind, false assumptions of this statement to be revealing, if not surprising:

Two Republican-appointed members of the court, including Trump’s first pick, Neil M. Gorsuch, and Chief Justice John G. Roberts Jr., have made clear that their opinions will not always be predictable when it comes to issues important to Republicans. They each joined with liberal justices to defeat Trump administration priorities this week.

The court has also refused to take up cases for the next term that had been championed by conservatives, including cases on gun rights and California’s sanctuary cities law.

These twists have deeply frustrated conservatives. “The left and the right are playing to a different set of rules,” said Ralph Reed, chairman of the Faith & Freedom Coalition, a conservative religious group, after the Gorsuch ruling on Monday. “They seem to be able to appoint people who largely if not universally hew to the party line. On the right it feels sometimes that at best you are batting .500 sometimes.” [WaPo]

As if the justices are just hand puppets? Reed is a long-time veteran of the cultural wars, which means that his prism is all about politics and how to win them. You put enough conservatives on SCOTUS, and you should win all the important cultural cases: that’s how his mind works.

But that’s not how SCOTUS should work, and while I wonder sometimes about Justices Alito and Thomas, I think, given how many unanimous decisions we also see, that the Justices, in the main, try to do the jobs for which they’ve been hired.

Given all that, then, I think where Reed sees treachery and is perplexed that the Democrat-nominated Justices are so much more united than the Republcan-favored Justices, perhaps it’s simply this: the proper decision in these cases that leave him at a loss are those of the liberal wing, and the conservative wing defectors recognize that and vote that way.

Ideally, the Justices are not wind up dolls, but experts in the law who often deal with the hardest, most subtle cases, and deliver honest answers consonant with Constitution and law. That should be what they strive for. If Reed cannot figure this out, he should go get a janitor’s job and stop pretending to be a leader. Yeah, every time he gets my attention over the last thirty years, it’s never been favorable. He’s just another power-hungry bomb thrower, inflaming the mob to his own benefit.

Crabby, I am.

Word Of The Day

Semantic paraphasia:

John Gartner, a psychologist and a former assistant professor at Johns Hopkins University School of Medicine, wrote last year in USA Today that there are two signs of language skills deteriorating. “Semantic paraphasia” means you substitute an incorrect word for a correct one. For example, when Trump discussed the “origins” of the Mueller investigation, he said: “I hope they now go and take a look at the oranges, the oranges of that investigation, the beginnings of that investigation.” [“Trump is going to freak out when he sees this,”, Jennifer Rubin, WaPo]

Although I think there’s a better word or phrase, although I cannot think of it right now. The thing I notice is not that he’s using the wrong word, but the word, oranges, sounds a lot like the word he meants, origins.

Heavens knows I’ve done that a time or two.

And, in fact, the next paragraph gives me that phrase:

The second, Gartner explains, is “phonemic paraphasia,” or the substitution of one word with a similar sounding non-word. For example, calling Israeli Prime Minister Benjamin Netanyahu “Betanyahu” or saying “bigly” instead of “big league.” Such slip-ups are not proof of cognitive decline, but Gartner says they can be linked to moderate to severe stages of Alzheimer’s.

Belated Movie Reviews

It’s shark vs chainsaw!

Sharknado (2013) is a gleefully mad little tale of tangled family dynamics, accentuated by sharks flying through the sky to remove meddlesome outsiders, as Fin Shepard battles through hurricanes and tornadoes on the coast of Los Angeles, both burdened with sharks which keep raining down on an incredulous population. Acting ranged from good to awful; special effects and stock footage from awful to excellent.

Yeah, it’s silly. And, if you’re in the mood for bloody fluff, fun.

It’s Like A TV Sho-

I am so fucking tired of writing about Trump, but reading Professor Heather Cox Richardson this morning made me laugh, because it’s just becoming a TV comedy show: Trump’s the comedian, and Barr is his ludicrous little sidekick:

Trump tried to fire the US Attorney from the Southern District of New York [SDNY], Geoffrey S. Berman, who has managed a series of cases against Trump and his allies, including Trump fixer Michael Cohen, Trump lawyer Rudolph Giuliani, and Lev Parnas and Igor Fruman, who were indicted for funneling Russian money to Republican candidates for office. Berman is reported to be investigating Trump’s finances, among many other things.

It happened like this: Attorney General William Barr issued a statement announcing that Berman would be stepping down and that Trump would nominate Jay Clayton to replace him. Clayton has never been a prosecutor. He is currently the head of the Securities and Exchange Commission, but before he took that position he was a lawyer who, among other things, represented Deutsche Bank. Deutsche Bank is the only bank that would work with Trump after his bankruptcies. It might have given him loans he did not repay, and the Russian money-laundering that landed the bank in legal trouble might have helped Trump.

Legal analyst and Congressional staffer Daniel Goldman noted that this whole scenario was unusual. Normally, when a US Attorney leaves, that person’s deputy takes over. Bringing in a replacement from elsewhere meant that “Trump/Barr did not want anyone at SDNY running the office—likely because there was a serious disagreement.”

But then things got crazier. Berman issued his own statement, saying “I learned in a press release from the Attorney General tonight that I was ‘stepping down’ as United States Attorney. I have not resigned, and have no intention of resigning, my position to which I was appointed by the Judges of the United States District Court for the Southern District of New York.” …

What’s Berman saying? Well, it might be that Trump’s preference for “acting,” rather than Senate-confirmed, officials has come back to bite him. Berman was not Senate-confirmed; he is an interim U.S. Attorney. By law, the Attorney General can appoint an interim U.S. Attorney for 120 days. At the end of that time, the court can appoint that person indefinitely.

And SDNY, as Richardson notes, is the location of a number of potentially critical Trump investigations. Is Berman, appointed by Trump, even a donor to Trump during his initial campaign, a member in spirit of The Lincoln Project now? The Trump Administration’s timeline is filled with scandal after scandal, any one of which would have brought down a President with professions of honor; only a man of Trump’s lowly caliber would persevere. But it appears that former National Security Advisor John Bolton also has an opinion:

… but former National Security Advisor John Bolton suggested another reason in his forthcoming book: he apparently claims Trump assured Turkey’s autocratic leader Recep Tayyip Erdogan he would fill the SDNY with his own loyalists, which would enable him to do Erdogan a political favor.

Fethullah Gülen

And who is out on the East Coast? Old Erdoğan hated rival Fethullah Gülen, here seen in a separate plot involving Trump and discredited former National Security Advisor and potential prison inhabitant Michael Flynn. I don’t know if SDNY would be responsible for deportation proceedings against Gülen, which is the desire, last I heard, of Turkey and Erdogan, but it makes a lot of sense – if you trust Bolton. I do not.

The question would then be: What’s the payback for Trump? Or does Erdoğan have blackmail material on Trump? There’s still some puzzle pieces missing, and half a paragraph later I’m still not trusting Bolton, but this is certainly a compelling story, from DA Berman’s defiance of AG Barr right down to another attempt on the liberty, and probably the life, of Gülen. I shall be looking forward to the eventual reveal when it comes to his scandal, along with whatever straight line is given Barr. If there’s a God, surely he hates Barr.

And, if indeed Gülen’s fate is where this is heading, the character of the United States takes yet another step down in the eyes of the world.

Means matter.

World Health Organization, Ctd

In the interests of following up on the United States withdrawal from the World Health Organization is this:

Two weeks [after Trump’s announcement], no steps toward a formal withdrawal have been taken. A WHO spokesman told The Hill that the agency had received no formal notification that the United States would withdraw.

Senior WHO officials said they continue their relationships with American agencies like the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH).

“We worked with U.S. colleagues at U.S. CDC, NIH and a number of academic institutions across the whole country in a variety of networks and different types of platforms since the beginning of the pandemic and that will continue,” said Maria Van Kerkhove, an American who oversees the WHO’s technical response to the coronavirus pandemic. [The Hill]

I recall discussing a former VP of Marketing with one of his employees, and the employee saying he’d never work for him again: He had no follow-through.

Which is to say, he doesn’t follow up with his plans. This is really a mark of incompetence, whether it’s business or government. Plans are built, announcements are made, and then you implement.

Sometimes, Trump doesn’t implement. He runs his mouth a bit because something inspires him while he’s in front of the microphone, but nothing comes of it.

Should we be relieved? Yes. Should we be happy? No. This is not leadership. This is self-indulgence, and it saps world confidence in our leadership, and in democracy itself, because we’re exhibiting just how badly the strongest democracy in the world can fail, how we can fall victim to gross incompetence in both the Executive and Legislative wings of government, with Judicial not far behind.

It makes the democratic model of government less attractive than it should be. Should we slip back to communism, or to Monarchies, or something even less savory than those two failed models? Or forward to something more exotic? I periodically get spam warning about microchips in our heads; all of a sudden, under the boot of incompetence, this seems more likely.

Beep beep beep raise your right hand and recite after your revered leader….

Personal & Collective Responsibility, Ctd

The same reader posted an addition to his first reply that I didn’t notice until posting my initial reply:

Case in point : newly released body cam footage of the Police killing in Atlanta makes clear that Rayshard Brooks did not have a weapon — he said he did not have a weapon and the officers confirmed this by patting him down.  Hence, had the response team been British bobbies without guns, there would not have been a killing last night.

My impression from the tape is that the violence didn’t start until the officers attempted to cuff him for, presumably, public intoxication. It’s not hard to see how an intoxicated black man, faced with handcuffs and menacing cops, would decide to make a break for it. It’s a bad decision caused by another bad decision, but given the societal context he’s in, it’s not surprising. The real solution is fixing society.

ALSO, I have heard (but not found the actual reference) that body cam footage has NOT led to more accountability by the police, or a reduction in police killings.

I’d very much like to see that pointer.

And while I’m on a hobby horse, the Right-Wing Extremist 2nd Amendment Gun Nuts & Weapon Manufacturers profiting therein — all are part of weapon proliferations such that police training in the US *has to* account for the possibility of a weapon at every turn — which is why officers wear the body armor, and are trained to react forcefully with their weapon if they are threatened.  Whereas in the UK & New Zealand the Bobbies mostly don’t have to worry about that.  Not saying that banning weapons stops its proliferation in the hands of wrong-headed people, but cutting off the oxygen to the 2nd Amendment Gun Nuts would go far to stop domestic killings, suicides, mass killings, and eventually (perhaps) a de-escelation of police having to train for urban warfare.

2nd Amendment absolutism, as well as misreading of the 2nd Amendment, accounts for far too many deaths in this nation. Having once been on the other side of the debate, although never an actual gun owner[1], it’s not hard to fathom the misreadings, as well as the paranoia and forgetfulness in that it’s not The Government, but Our Government, the bad math involved, etc, all motivated by confirmation bias, which is to say critical thinking is not applied because the arguments back up the preferred conclusion.


1 I’m waaaaay too clumsy to actually dare own a gun.

Personal & Collective Responsibility, Ctd

My apologies on the delay for this response. Generally, most responses are not time-sensitive; this one is. Unfortunately, it arrived just a couple of hours after my primary computer died, and my backup computer is permanently deficient in authoring tools. I’m finally caught up …

A reader writes concerning the suggestion that police officers provide their own insurance:

[…] I’m not ready to hand civil law enforcement over to private insurance company who can suspend coverage for reasons that don’t really make sense! That and I shudder to think of the increasing volumes of training police enforcement has to go through (e.g., “and now we turn to the practice section of how to adjust the handcuffs on a mom you stopped for a suspected DUI so that you can verify and then help her to deliver her baby safely before EMT arrives on-scene…)

To the first argument, I would respond that virtually every state has an insurance regulatory entity that should be capable of regulating the behavior of insurance company in this regard. Policies they enforce could be a matter of public comment and debate, as needed.

To the second argument, there may be some merit in what my reader suggests would happen. However, if the defund movement is implemented, a terrible name for what is basically the removal of certain responsibilities from police shoulders, then there would be time for more training.

And, again, it would fall under the purview of the insurance regulatory authority.

That said, in light of last night’s police killing of Rayshard Brooks in Atlanta — who was sleeping off too much alcohol in his car at a Wendy’s parking lot — it isn’t liability insurance that stops that tragedy. There needs to be a response force that doesn’t carry guns so that the escalation has a ceiling that does not involve deadly force.

I agree! The problem may be deciding if they should be front-line, or on-call – and, if the latter, whether police culture would encourage or denigrate their use.

I understand that “defunding the police” can range from 0% to 100%, but the point of that discussion is not about zeroing out law enforcement; rather, it is all about rethinking law enforcement to find a better balance. For example:

* Bobby’s in England don’t carry guns — there is a whole lot less police killings as a result;

Technically, this is not true, at least as of 2017: “And yet more than 90 percent of [London’s] police officers carry out their daily duties without a gun. Most rely on other tools to keep their city safe: canisters of mace, handcuffs, batons and occasionally stun-guns.” [NBC News] And this technicality is useful, as the article continues: “Some of these gun-wielding officers patrol the city in pairs, others are members of crack response teams — units dressed in body-armor, helmets and carrying long rifles — who are called to the scene of violent incidents like these.” It suggests a strategy for a police force that doesn’t rely on deadly force for incident management, but has it available.

In a response to a different post of mine, a reader had a strong reaction against disarming police officers. I have not yet posted a reply.

* The “Crisis Assistance Helping Out On The Streets” (CAHOOTS) of Eugene Oregon. CAHOOTS is a part of the 911 system such that they will be selected as the first responders — ahead of police — for situations involving mental health. Eugene Police Officers say ” [CAHOOTS provides] resources not available to the ordinary cop…They are an invaluable resource”.

I appreciate the pointer! Some solid, on the ground experience showing that 911 operators can effectively select which first responder is appropriate is reassuring.

Indeed, when I think through the 911 calls I have placed over the years, a non-police response would have been better for the situation I faced. To be clear, I was THANKFUL and GLAD that the St. Paul Police officers showed up quickly, listened to my report and they took action. BUT the response would have been likely better had it been a social worker trained in the particular circumstance — to not only identify and diffuse the immediate issue right then and there, but also for the longer term follow-through. In my book, the police officers are way, WAY over-booked with responsibilities for a range of civil enforcement and actions for which liability insurance would only respond by adding more and more training paperwork, never truly addressing the underlying social and community needs…

Nor do I believe the insurance proposal, jocular or not, was meant to deal with all situations, but rather with the specific problems of inappropriate violence and gypsy cops. The first is dealt with by pricing the cop out of the market, as the employer would have to pay the officer more and more to cover the cost – at some point, they just kick them off the force as being too expensive. The cops covering for cops situation could be dealt with by using a banned list concept for those cops who coverup the misdeeds of other cops. No insurance for them, period.

And the insurance companies, in their relentless pursuit of financial efficiency, would maintain a shared (I should hope!) database of cops’ records, thus mitigating the gypsy cop problem.

I completely agree with my reader that cops, as they themselves acknowledge, are overly burdened with responsibilities. My concern is that, as we consider how to rebuild police forces, the wrong principles will be used by influential people, maliciously or not. For example, parsimony is a poisonous principle.

I hope to expand on this on the near future.

The Trick May Be In Enforcement

I must admit that this report on Senator Sherrod Brown’s (D-OH) proposal for a data privacy law intrigued me:

Congress has been debating a consumer privacy law since before there were Web browsers, but the United States still doesn’t have one. On Thursday, Brown broke with nearly every past proposal from Democrats and Republicans alike to suggest a more radical idea: allowing companies to take our data only when it’s “strictly necessary.”

For an Internet economy built in part on tracking people, that’s nothing short of a call for revolution. Brown’s new Data Accountability and Transparency Act, released in discussion draft form, would prohibit most collection and sharing of personal data as its starting point. Data could only be used in ways stipulated in the law, such as providing a service you asked for — and no more.

It could mean fewer companies selling your personal information, but also possibly fewer free apps and services.

“It shifts the burden from consumers,” Brown said. It would no longer be on you to read privacy policies to figure out what else is really going on. The reset, Brown said, would also compel companies to figure out business models that don’t depend on surveilling consumers or emphasize collecting only anonymized data. [WaPo]

It’s certainly intriguing, but I wonder how hard it would be to detect infractions.

As far as “… but also possibly fewer free apps and services,” doesn’t get a lot of sympathy from me. The frenzy for free stuff has, I believe, led to a lot more problems, both digitally and in real life, than it’s worth. It’s like cotton candy, hardly worth a damn and yet you can’t stop stuffing your face with it.

Brown’s proposal would be a step along the road to defining the ethics of collecting information about people. We already put restrictions on government intelligence agencies collecting data about us indiscriminately, and require a fairly high bar for even targeted collection.

Go back and read that paragraph again. Just typing it clarified, for me, the idea that, Gee, my data is free for the taking, is already a false statement when it comes to the US Government. Why should commercial entities have more freedom to collect that information than the US Government? I know the libertarian argument would be that the US Government shouldn’t be tracking us, but commercial entities don’t have a reason to do so.

The problem with libertarians is they don’t often think about national adversaries and deceit. They assume a commercial entity is a commercial entity and behaves according to the rules they learned at Milton Friedman’s knee.

But for me, I don’t like the idea that I’m being tracked and analyzed by, say, Google (and, yes, I use DuckDuckGo on this desktop if you’re wondering, but that’s not so easy to arrange on an Android – so I employ Jumbo there), and knowing that the data is out there, packaged and ready for analysis, and vulnerable to data breaches – hell, I’m scaring myself just typing this – and thus letting my data fall into the hands of miscreants. Or worse. And while you can always hope to fade into the background of a few billion other people, quite honestly it’s not appropriate to have to hope for that.

It leads to behaviors which are counter-productive.

I don’t know if Brown’s proposal is good or not. I don’t read legalese, and predicting how complex law will interact with even more complex technology is always an iffy proposition. But having the right principles is a good start, it seems to me.

Chief Justice Roberts Watch, Ctd

The Justice who’s become the swing Justice on SCOTUS, Chief Justice Roberts, has twice played a role in rebuffing conservative hopes this week. First, in a major victory for the LGBTQ community, SCOTUS ruled 6-3 that it is illegal to fire an employee because they are LGBTQ. Here’s Mark Joseph Stern at Slate:

The Supreme Court’s decision on Monday outlawing anti-LGBTQ employment discrimination is a triumph for both the country and the court. It is a victory for the country because, in one fell swoop, the court granted vital protections to LGBTQ people in every state, making the United States a fairer, freer place. It is a victory for the court because the decision is an encouraging sign that the justices can still practice neutral and responsible jurisprudence without partisan influence. The six-justice majority was able to set aside its own potential biases and deliver an unequivocal endorsement of simple, rather obvious legal theory. By following the most straightforward path, the court reached a historic result that brings millions of LGBTQ people closer to full equality under the law.

Monday’s decision in Bostock v. Clayton County revolves around a question fraught with political ramifications: Does Title VII of the Civil Rights Act bar discrimination because of sexual orientation and gender identity? The law forbids discrimination “because of sex,” but does not mention LGBTQ people. Civil rights advocates have long argued, however, that it is not possible to discriminate against a gay, bisexual, or transgender person without taking their sex into account. So, when an employer engages in anti-LGBTQ discrimination, they are engaging in a form of sex discrimination under Title VII.

Gorsuch and Chief Justice Roberts were in the majority, but, in contrast to Stern, I note three of the justices voted on the other side, which does not leave me with feelings of wellness. I won’t pretend to understand the niceties of the legal arguments, but I will take Stern’s word for giving Justice Kavanaugh a pass:

Gorsuch’s critique is dead right: Alito does not want the court to stretch Title VII beyond its application—as expected by Congress in 1964—and that approach is not textualism. It is anti-textualism. It elevates the alleged mental processes of long-dead lawmakers over the ordinary meaning of words. Bostock was a hack test, a challenge to the conservative justices to stick by their principles even when they lead to a liberal outcome. Gorsuch and Roberts passed. Alito and Thomas failed. Kavanaugh’s more measured dissent argued that the court should’ve let Congress handle a matter of such importance. But, unlike Alito, Kavanaugh seems happy with the result, even congratulating LGBTQ people on winning a battle he thought they should lose.

One wonders if Gorsuch and, yes, Kavanaugh, are showing their allegiance to younger generations’ wisdom concerning LGBTQ members, while the elderly Thomas and deeply conservative Alito have no such sharing of wisdom.

Today, the decision on DACA (undocumented immigrants who are permitted to stay because they were brought here at such a young age that they would not do well in their “home” country, which they would not even recognize, aka Dreamers) was once again decided towards the liberal inclination, this time 5-4 with only Roberts joining the liberal wing:

The administration has tried for more than two years to “wind down” the Deferred Action for Childhood Arrivals (DACA) program, announced by President Barack Obama in 2012 to protect from deportation qualified young immigrants. Former Attorney General Jeff Sessions advised the new Trump administration to end it, saying it was illegal.

But, as lower courts had found, Roberts said the administration did not follow procedures required by law, and did not properly weigh how ending the program would affect those who had come to rely on its protections against deportation, and the ability to work legally.

“We do not decide whether DACA or its rescission are sound policies,” Roberts wrote. [WaPo]

And, for me, that last clause is the real diminishment of the decision. It’s not – and perhaps properly not – a decision on how the Dreamers should be handled, but simply a ruling that the Trump Administration’s attempt to terminate the DACA program did not follow the rules.

It is, in a sense, a technical decision concerning how decisions are made, and it almost surprises me that this is a political matter in the Court, as I’ve noted that often these sorts of matters are resolved with unanimity, or at least large majorities.

But it remains true that Roberts is not unwilling to step out of the role of rock-ribbed conservative and side with the liberal wing of the Court. Like any swing vote, he doesn’t do it often, but when he does, he makes it clear that the forces controlling the conservatives these days have only partial control of SCOTUS. This will change, of course, if any of the liberals on the Court should die or choose to retire while Trump remains in office, but if that doesn’t happen then there’s a chance that Roberts will remain the swing vote until 2025.

And remain interesting as well.

As far as DACA goes, its fate will probably be decided in the next Congress, and that is probably better than in the Court.

A Brief Interlude

From Archaeology’s (July/August 2020) Letters column, in response to a query concerning certain characters on a woodcut not paying proper respect to their lords:

There was, in fact, a professional class of jesters in medieval Ireland called Braigetóir whose specialty was, indeed, farting for lords’ and ladies’ entertainment. – The Editors

And so I see the heritage of Peter Griffin has been thoroughly and tastefully researched by Seth MacFarlane.

John Bolton

Despite John Bolton’s new tell-all book, The Room Where It Happened, not having been released yet and being the subject of an unusual lawsuit by the Trump Administration to stop its publication due to, allegedly, it not being stripped of all classified material, quotes are flooding the political pundit websites.

Conservative Jay Nordlinger on National Review:

[F]rom Bolton:

As the trade talks went on, Hong Kong’s dissatisfaction over China’s bullying had been growing. An extradition bill provided the spark, and by early June 2019, massive protests were under way in Hong Kong.

I first heard Trump react on June 12, upon hearing that some 1.5 million people had been at Sunday’s demonstrations. “That’s a big deal,” he said. But he immediately added, “I don’t want to get involved,” and, “We have human-rights problems too.”

That is consistent with the Trump we know, and have long known. During the 2016 election cycle, Joe Scarborough pressed Trump on Vladimir Putin — particularly the Russian leader’s killing of political opponents. “Well, I think our country does plenty of killing also,” said Trump.

After Trump was sworn in, Bill O’Reilly pressed the new president on the same issue. “There are a lot of killers,” said Trump. “We’ve got a lot of killers. What, you think our country’s so innocent?”

Back during the campaign, Trump was asked about Erdogan and Turkey. The candidate said, “When the world looks at how bad the United States is, and then we go and talk about civil liberties, I don’t think we’re a very good messenger.”

In Cold War days, we conservatives slammed the Left for “moral equivalence.” Now this phenomenon is in our own house, which is astonishing.

Yet not surprising. Chronic mendacity in a leader is predictive of the corruption of the principles of the Party, no? Y’all supping with the devil.

Liberal Steve Benen:

While I have not yet read the book, the latest reporting describes a rather brutal indictment of a president who is corrupt, ignorant, mocked by his own team, hostile toward the rule of law, and guilty of all kinds of official misdeeds — including trying to get both Ukraine and China to help with his re-election campaign.

Nothing new there, but I suppose confirmation from yet another insider is nice.

Wonkette:

You up on the whole legal fight over John Bolton’s book? (Wonkette kickback linky here!) Make sure you get current on that, because ready or not, HERE COME THE BUGFUCK EXCERPTS.

We had been hearing reports that Bolton just really thought the House impeachment managers did a dereliction of duty by focusing on Trump trying to force Ukraine to help him steal the 2020 election. Why? Because, according to Bolton, they should have investigated him for doing that like A HUNDRED ELEVENTY BILLION times. That really makes us want to kick Bolton in the dick, because of how he could have totally gone to the impeachment hearings and said that to Adam Schiff’s face.

Which places Bolton in a fairly dark shadow, really.

Liberal (?) David Ignatius of WaPo:

Bolton is the hero of nearly every anecdote in the book. Indeed, for a memoir that is startlingly candid about many things, Bolton’s utter lack of self-criticism is one of the book’s significant shortcomings. Nearly every policy discussion is an opportunity for Bolton to say that he was right, people should have listened to him, he knew it would never work, he was vindicated. His only problem is that, having burned so many bridges with this book, Fox News may not give him a future platform to explain how right he is.

Given how long and disastrously Bolton enabled this president, his self-satisfaction becomes annoying. So does Bolton’s trademark disdain for the foreign policy establishment (who he likes to deride as the “High-Minded”). Sometimes, his antagonism toward negotiations is so reflexive, you almost sympathize with Trump’s desire to talk with forbidden adversaries, such as North Korea and Iran.

It’s telling that one of the criticisms Bolton makes about Trump’s opening to North Korea was that he was acting like a diplomat. “The real irony here was how similar Trump was to the Foreign Service.”

Similar to the Foreign Service diplomats? Really? Bolton doesn’t seem to like traditional American diplomacy, he’d much rather bomb his way to the goal, or so it seems from his public utterances, and maybe his contempt is coloring his judgment. But I think Ignatius is completely out in the left field stands with this:

This book ought to be a wake-up call, finally, to Republicans who have slavishly defended Trump and belittled his critics. Bolton took his time in telling us the truth, and he should have done more when it was his duty during the impeachment inquiry. But it’s all here. In boxing, you’d call it a knockout punch.

I don’t think it’ll have any influence on cult followers. It may influence a few independent voters that are still on the fence, but so few that it’ll be lost in the statistical noise of polls. Cultists will simply shrug him off.

I’m sure there are other opinions out there, but I’ll end the quotes with Ryan Watson on the conservative site The Resurgent:

President Trump’s critics from all sides are jumping all over it as truthful. I am taking a far more skeptical view – not because I support the President, but because I disbelieve John Bolton’s character and purposes here. I liked Bolton to some extent – while a bit hawkish, he did have a tendency to be anti-globalist and anti-UN. However, rather than go before Congress as he was requested multiple times to do, he is attempting to use the current environment and election-year timing to sell a book. It is a master stroke of publicity which even the President’s team almost has to react toward.

As it has been with most scandals leading up to an election, anything that brings this much publicity so close to election day is immediately suspect. We saw something similar in Justice Kavanaugh’s hearings, where harassment claims with little evidence were brought forward for his confirmation, and we see it time and again preceding election time.

John Bolton is not doing the nation any favors by publishing a book. He had his chance to make a true principled stand.

Instead, he’s dancing the Potomac Two-step.

Like Watson, I am deeply suspicious of Bolton. As does Trump, Bolton seems to have a narcissistic personality disorder which requires that he always be right, mixed with a belief in the violent imposition of his – not necessarily American – opinions on other nations. His desire to bomb Iran goes back decades, and rumors abound concerning the dubious ethics of the tactics he’s used, when in official posts, to get his way.

Taken together, they transition from a merely ugly portrait to a much darker picture of a man whose relationship to truth has to be questioned.

All that said, I’m sure there will be many details which seem to be corroborated by other sources of information. But, like Watson, I cannot help but think that Bolton, if he truly cared about this nation, could have testified at the House hearings on the articles of impeachment. While several former and then-current Department of State employees testified to Trump’s mendacity and extortionate tactics, Bolton’s former position as National Security Advisor to the embattled President would have been the senior-most and most privy to Trump’s misdeeds. Could the Republicans have ignored his testimony as well? Certainly. But it would have served them ill to do so.

And then there’s the White House response to the book. They knew it was coming, and for months. They appear to have chosen a strategy of drag it out, but that’s quite a chancy approach. Why didn’t they just buy Bolton off? Sure, the White House is full of second and third rate personalities, but for once I’m wondering if there’s a subtle subterfuge going on here.

That is, are Trump and Bolton actually working together here?

Because of these suspicions, which I grant are out on the fringes a little , I’m treating this more as a salacious book of juicy rumors, rather than a book of facts, and consequently am not planning to acquire and read it. Future events may change my mind – such as Trump being led off in handcuffs – but at present, there are enough doubts in my mind of the book’s veracity that I’m not allocating any of my somewhat scarce time to this one.

It may be just another distraction. Political theater, if you will.

They Were Useless Human Actions

Speaking of Kevin Drum, he has another one of his nifty charts concerning how widespread lead poisoning, and its reduction, is a better explanation than policing methods for crime level fluctuations:

This is one reason why, for example, stop-and-frisk programs like the infamous one in New York City are so damaging. They focus almost entirely on Black men and produce in those men a fully justified resentment toward cops who are constantly harassing them. What’s more they don’t even work: New York’s stop-and frisk program was mostly stopped between 2011 and 2013, and the only thing that happened is that the city’s violent crime rate continued to decline[.]

The entire lead poisoning link to crime will, of course, fly in the face of the barroom blowhards in charge of the Republican Party, because it’s subtle and discards human bigotry in favor of science. Worse yet, rather than changing police behavior, it suggests that changing commercial behavior will be necessary, in the future, for achieving other improvements.

And regulating business is anathema to them.

But this is becoming another iconic example of why regulation is, when properly implemented, a good thing.

And Why Carry, Either?

Kevin Drum has a thought on traffic stops:

Make traffic into traffic stops and nothing more.

What I mean by this is that too often traffic stops are mere pretexts to look for outstanding warrants or search a car on a fishing expedition. And we know that Black drivers are stopped far more frequently than white drivers. So why not eliminate the pretext? Don’t allow cops to randomly “run plates” looking for an excuse to stop someone, and forbid vehicle searches following a stop. In other words, with only a few clearly defined exceptions the only allowed outcome of a traffic stop is either a ticket or a warning, and that’s it. This is no panacea, but it would reduce the incentive for police officers to pull over Black men just because they seem “suspicious.” …

Why am I so sure this wouldn’t affect the crime rate? I’m not. But the reason I suspect it would have little effect is one all of my readers are aware of: the crime rate in the United States has plummeted over the past three decades thanks to the elimination of gasoline lead. What this means is that a lot of the things we used to think were necessary for reducing crime aren’t true anymore. Teens and 20-somethings are simply less violent and less prone to crime than they used to be, and a lower key form of police interaction won’t change that. We have moved from a country in which crime was high and (arguably) justified tough measures, to one in which crime is low and is likely to stay that way. We desperately need policing that recognizes this.

And don’t permit a weapon to be carried by the officer during the traffic stop unless there’s a clear reason to do so. Philando Castile might be alive today if Officer Yanez hadn’t been carrying a weapon.

That Ship’s Been Sinking For A While

Gallup has published its latest reading of the strength of public pride.

Steve Benen comments:

Throughout his brief career in politics, Donald Trump tends to talk about his vision in broad strokes. The president, indifferent toward governing and public policy, has talked up vague goals. What does Trump want? To promote some amorphous sense of “greatness.” To make the United States “tremendous” in ways he’s unable to identify, but we’re supposed to intuitively understand.

Trump spoke to the Conservative Political Action Conference (CPAC) in 2018 and boasted, “[W]e’re restoring our confidence and our pride.” It spoke to the thematic point of his message: the president has spent much of his term telling people that he’s successfully brought a degree of swagger to American patriotism.

As NBC News’ Benjy Sarlin noted this morning, “Trump’s never been a narrow policy guy, but to the extent he had an overarching campaign promise I’d say ‘restoring pride in America’ was one.”

And yet, the president appears to have failed quite spectacularly on this front.

Benen is concentrating his fire on President Trump, but it’s quite clear from the graph that pride has been falling since 2013, or shortly thereafter – the middle of the Obama years. This should be discussed.

So let’s talk about measuring “pride”. What goes into pride? Perception, it’s perception of how well we think we’re doing, both concretely and abstractly, from economy to human rights.

So why does it start falling in the Obama years? From a rational, objective viewpoint, it’s not easy to understand: the economy had recovered from the Great Recession, we had recognized the moral failings of the Bush years and, at least, tried to correct for them. The implementation of the ACA (“ObamaCare”) took us on a journey that many Americans desire to make – government supported healthcare.

But during these years there was a lot of Republican propaganda. I remember numerous reports of polls indicating Republicans believed the economy was getting worse, not better. For those of a paranoid turn of mind, let me provide some fodder: the Republicans faced an existential crisis as the United States, under the leadership of Obama’s team, pulled out of the recession and began to prosper again. Faced with a side by side comparison that they could not hope to win, Republican propagandists turned to the usual tool: lies. Given the distrust of mainstream media, as I’ve experienced it, and even government numbers, just prior to the Trump victory, it’s not surprising the conservative movement, already traumatized every time an abortion occurs, might feel their pride slipping. Add in a bit of racism…. I actually struggle to come up with a more credible theory than frank mendacity.

Since the election of Trump, we’ve seen racism unmasked, as in Charlottesville and Minneapolis, and an Administration that, quite candidly, is the worst we’ve ever seen or read about. Is it any surprise that the decline continues? Liberals certainly are depressed, especially those who thought we were finished with that problem; but for the conservatives who watch virtually any television, they have to be aware of the problems showing themselves, principally in the area of racism. Remember, the national approval polls didn’t really see any drop for Trump due to the Coronavirus or consequent economic collapse, because it’s a very unusual occurrence and he could be excused, although. truth be told, the Federal government exists to foresee and deal with such threats before they become threats.

But his response to the racism protests has been utterly inadequate, and most of us know it.

And knowing we’re led by President Irrelevant, who was barely elected but nevertheless occupies the office, is a discouraging thought.

Word Of The Day

Procyclical:

Procyclic describes a state where behavior and actions of a measurable product or service move in tandem with the cyclical condition of the economy. [Investopedia]

Noted in “‘Covid baby bust’ could lead to half a million fewer births next year,” Christopher Ingraham, WaPo:

The reason? Children are expensive, and having a child is in many ways a financial decision. The loss of a job or otherwise uncertain prospects for a steady income lead many would-be parents to postpone having kids until things are more settled. In economic jargon, birthrates are “procyclical” — they tend to rise during times of economic growth and fall during recessions.

This Will Date Quickly

Here’s a new sign that I suspect won’t last more than a couple of years.

This doesn’t help:

The future Golan Heights village, located near Kela Alon in the western Golan Heights, will be developed on lands belonging to the small Bruchim settlement. Constructed in 1991, the hamlet Bruchim did not succeed in attracting many families. In fact, most of its original inhabitants left over the years. The government now hopes that rebranding the locality will bring new residents. [AL-Monitor]

It takes more than a name – and that of a President teetering on the edge of failure – to make a town a success. Especially in a potential war zone.

The 2020 Senate Campaign: Kentucky

For months now the Democratic propaganda machine has been delivering news concerning the presumptive Democratic challenger to Senator “Moscow” McConnell’s (R-KY) reelection, Amy McGrath. Just today I received this:

Amy McGrath (D) is now LEADING Mitch McConnell (R) in the pivotal Kentucky Senate race!

We’ve NEVER been this close to beating McConnell — and even Nate Silver said Amy can pull off a MAJOR upset and win this race.

But, according to Sarah Jones of New York Intelligencer, there may be a wee spot of sour milk in the refreshing drink that is Amy McGrath – Kentucky Democrats may not want her:

McGrath faces a robust challenge from Charles Booker, the youngest Black legislator in the Kentucky House of Representatives. Booker has run to her left, and while McGrath holds a major fundraising advantage, Booker is gaining significant momentum ahead of the primary on June 23. Two of the state’s largest newspapers have endorsed him, and on Tuesday, Booker earned another major supporter. Alison Lundergan Grimes, who challenged McConnell in 2014, endorsed him over McGrath. …

“There’s not a lot of enthusiasm for Amy among Democrats. Charles’ supporters are very enthusiastic,” a Kentucky Democrat recently told Politico. That gap is evident in McGrath’s fundraising, too. She has a lot of money on hand — but over 96 percent of her donations come from people who don’t live in Kentucky. (McConnell’s donations are similarly lopsided.) While Booker has significantly less money at his disposal, his donations are almost evenly split — 54 percent come from out of state, and 46 percent are local.

Enthusiasm might not be enough to propel Booker to victory over McGrath, but it’s a symptom of a bigger problem. National Democrats think they know what Kentucky wants, but Kentucky may disagree.

It’s important to remember that politicians primarily represent their constituents, not national organizations. Oh, the national organizations have influence, since they have the money, but the average voter – like me! – will resent a politician thrust upon them by money originating outside of the state.

If McGrath fails in the primary, all is not lost as far as beating McConnell in November goes. Booker, if he can inspire endorsements from the major local newspapers, may have a real shot at displacing McConnell. It all depends on how tired Kentucky voters are of McConnell, how far left of McGrath Booker’s views reside, and whether that’s too far for the average Kentucky voter – or not.

Ends And Means

One of the reasons I like Andrew Sullivan is purely pragmatic: he has the time and exposure to issues that I, a working dude, don’t have. Consider his critique of the latest rejection of liberalism to come down the pike:

The new orthodoxy — what the writer Wesley Yang has described as the “successor ideology” to liberalism — seems to be rooted in what journalist Wesley Lowery calls “moral clarity.” He told Times media columnist Ben Smith this week that journalism needs to be rebuilt around that moral clarity, which means ending its attempt to see all sides of a story, when there is only one, and dropping even an attempt at objectivity (however unattainable that ideal might be). And what is the foundational belief of such moral clarity? That America is systemically racist, and a white-supremacist project from the start, that, as Lowery put it in The Atlantic, “the justice system — in fact, the entire American experiment — was from its inception designed to perpetuate racial inequality.” (Wesley Lowery objected to this characterization of his beliefs — read his Twitter thread about it here.)

This is an argument that deserves to be aired openly in a liberal society, especially one with such racial terror and darkness in its past and inequality in the present. But it is an argument that equally deserves to be engaged, challenged, questioned, interrogated. There is truth in it, truth that it’s incumbent on us to understand more deeply and empathize with more thoroughly. But there is also an awful amount of truth it ignores or elides or simply denies.

It sees America as in its essence not about freedom but oppression. It argues, in fact, that all the ideals about individual liberty, religious freedom, limited government, and the equality of all human beings were always a falsehood to cover for and justify and entrench the enslavement of human beings under the fiction of race. It wasn’t that these values competed with the poison of slavery, and eventually overcame it, in an epic, bloody civil war whose casualties were overwhelmingly white. It’s that the liberal system is itself a form of white supremacy — which is why racial inequality endures and why liberalism’s core values and institutions cannot be reformed and can only be dismantled.

This view of the world certainly has “moral clarity.” What it lacks is moral complexity. No country can be so reduced to one single prism and damned because of it. American society has far more complexity and history has far more contingency than can be jammed into this rubric. No racial group is homogeneous, and every individual has agency. No one is entirely a victim or entirely privileged. And we are not defined by black and white any longer; we are home to every race and ethnicity, from Asia through Africa to Europe and South America.

And the critique continues. But it’s not a traditional critique from what passes for a conservative these days – condemnatory, in a word. Sullivan does what I try to do, and that is see both sides of the argument. Sullivan does it better and more eloquently than I do, and I love his usually nuanced responses.

And if, indeed, the anti-racists are for rooting out the liberal project along with racism, then I must say that while their overall goals are right, the collateral damage will doom them.

It’s worth asking why the old aphorism that liberal democracy has been the best performer of all types of government is true, and I think my reader should try to answer that for themselves. For me, there are many reasons, and I can’t put any one of them first, although I suspect that all are over-emphasized: the pursuit of freedom, of free speech, of prosperity, these are all elements of the liberal project.

I have, but have not read, How To Be An Anti-Racist (after reading a review by >ahem< Andrew Sullivan – sometimes I wonder if I’m a groupie along with being a Dish head), so I have no idea if this is an element of the anti-racist creed, but the slave clause of the Constitution is certainly a ripe target. For me, the response is this – drawing from my software engineer background, the Constitution, as originally written, is Version 1. While a good representation of the idea of liberal democracy, it’s not great. The particularly foul slave clause, however, is not an element of liberal democracy, but instead symptomatic of a moral failing of part of the soon-to-be United States – the belief that morality is defined by wealth. Even today, many cling to this notion, and for those who have been poverty-stricken for long periods of time, there’s a lot to be said for not wondering where your next meal will come from. However, it’s a flaw – a major abyss – in anyone’s moral system to believe that enslavement of someone else for any reason whatsoever is permissible.

But such was the South’s moral system, and the North faced a problem: Without the South, it could not survive another British assault, such as that of  the War of 1812, and thus they would then face being subjects of a monarchy that, in King George, featured a mentally ill man with theological delusions of grandeur and no limits on his political power, a monarchical system could easily feature more such creatures. Having shaken off the monarchy and its claims to being backed by God – a God who self-evidently was a little touched itself – trading one moral failure for another might have seemed the best course to choose.

Then came the Civil War, which resulted in a big step forward, but then we pulled back when President Johnson, Lincoln’s VP, miserably rescinded the promise to issue 40 acres and a mule to all freed slaves, economically stranding most of those formerly enslaved people, as was seen in subsequent years: sharecroppers, segregation, miscegenation laws, outright bigotry and mistreatment were all the evil consequences of the devout belief that one race was superior to another, despite outstanding black contributions to multiple war efforts.

But liberal democracy remains the best hope for a free people who are mentally prepared for it, as demonstrated in all countries where people were able to embrace its opportunities and responsibilities. Their people are free, they are prosperous, and they value freedom. Other countries? Not so much; some even deplore the idea.

I can’t claim to have made a convincing case here, as that would take more of a book. However, I can ask my reader, before embracing a project which may dismantle the liberal society, to consider alternative viewpoints to that of the prevailing sentiment. A sober thought to the future of each experiment is critical to making good decisions, and going along to get along may be a disastrous course to take, no matter how good the ultimate objective of the movement might be.

Means matter.

The Trump Swamp

This is the sort of thing that will make the Trump Administration appear to be the most corrupt government – not Administration, but government – in all of history. Catherine Rampell brings the outrage:

What are they hiding?

That’s the question taxpayers should be asking as the Trump administration refuses to reveal where a half-trillion dollars of our hard-earned cash has gone.

In March, back when Congress was rushing to provide more coronavirus relief, lawmakers passed an unprecedented $2 trillion bill known as the Cares Act. After initially fighting to prevent any meaningful oversight of the bailout programs it would administer — at one point even demanding a few-strings-attached Treasury slush fund — the Trump administration eventually agreed to several major oversight and disclosure measures. Senior officials, including Treasury Secretary Steven Mnuchin, repeatedly pledged “full transparency on anything we do.”

Yeah, right.

Since then, the administration has worked to sabotage virtually all of these accountability mechanisms. While paying lip service to “transparency,” it has fired, demoted or otherwise kneecapped inspectors general, some of whom recently wrote to congressional leaders warning of systematic efforts to avoid scrutiny required by law. The watchdog Government Accountability Office also complained that the administration has refused to provide critical data on the bailout. [WaPo]

Mnuchin, who I had begun to hope was actually a competent and classy individual, despite his refusal to release the Trump tax returns, has come crashing back into the swamp. This remark was especially revealing:

Despite his alleged commitment to transparency, Mnuchin told lawmakers last week that information on loan recipients and amounts would not be released because it is “proprietary” and “confidential.” Never mind that the PPP loan application form explicitly says borrower information may be “subject to disclosure under the Freedom of Information Act.” It adds that “information about approved loans that will be automatically released” (emphasis mine) includes borrower names, collateral pledged and the loan amount.

Focus on that word proprietary. This is not a word you often see used in the public sector, but it’s popular in the private sector. It means This is something we’ve invented and we don’t want to reveal it because, by doing so, we’ll lose a competitive advantage.

In other words, it’s bullshit in this context.

Let’s take a step back and establish firmly why the Administration position is nonsense. First, as Rampell notes, the deal negotiated by Pelosi and Mnuchin specifies effective oversight will be implemented.

Second, who’s supplying the money here? Congress. Not the Trump Administration. Trump is responsible for distributing it according to the rules specified by Congress, but the Administration’s source of funding is Congress and nothing else. If Congress had followed Senator McConnell’s (R-KY) inclination and done nothing, Trump might have been able to shift money around using emergency declarations, much as he did with the Wall funding. Fortunately for Trump, McConnell was apparently informed that doing nothing was not acceptable to his caucus.

The power of the purse gives Congress full oversight and informational access, subject to certain individual privacy concerns, and Mnuchin should know better. So it appears that Mnuchin is just another denizen of the Trump Swamp.

I look forward to years imminent, as we learn just how badly we were scammed by Mnuchin and Trump, and whether or not the courts will cooperate in attempts to claw it back from inappropriate recipients.

Life Isn’t Just Digital

Professor Richardson notes LeBron James’ efforts when it comes to the November election (link unavailable for technical reasons):

Basketball superstar LeBron James has started a group to protect black voting, along with a number of other African American athletes and entertainers. James has said the organization, “More Than A Vote,” will not just work with other voting rights organizations to register voters, but will explain to new voters how the process works and what sorts of obstacles they will face. James says he will use his strong social media platform to combat voter suppression, a major issue in the upcoming election.

But leaning on that platform is limiting. It’s necessary to reach out to voters who are not online, or not James fans, or this will be a failure. We need to think about education, not only beforehand but at the polling places. Large, hand held signs could be printed that summarize what a voter facing a broken machine must do. Perhaps a booth, non-partisan, that gives directions on how to vote, but not for whom.

A little creativity could go a long ways.

Overconfidence On Both Extremes?

Polls may show a big lead for Biden, but the Republicans think they have this election in the bag:

By most conventional indicators, Donald Trump is in danger of becoming a one-term president. The economy is a wreck, the coronavirus persists, and his poll numbers have deteriorated.

But throughout the Republican Party’s vast organization in the states, the operational approach to Trump’s re-election campaign is hardening around a fundamentally different view.

Interviews with more than 50 state, district and county Republican Party chairs depict a version of the electoral landscape that is no worse for Trump than six months ago — and possibly even slightly better. According to this view, the coronavirus is on its way out and the economy is coming back. Polls are unreliable, Joe Biden is too frail to last, and the media still doesn’t get it.

“The more bad things happen in the country, it just solidifies support for Trump,” said Phillip Stephens, GOP chairman in Robeson County, N.C., one of several rural counties in that swing state that shifted from supporting Barack Obama in 2012 to Trump in 2016. “We’re calling him ‘Teflon Trump.’ Nothing’s going to stick, because if anything, it’s getting more exciting than it was in 2016.”

This year, Stephens said, “We’re thinking landslide.” [Politico]

It’s an interesting view on things, and yet, it’s in sync with how Trump operates – disregard that which doesn’t please you. “Polls are unreliable,” is evidence of that; I recall waking up in a cold sweat the last Saturday before the 2016 elections, because it was clear that the elections were very, very close. I don’t agree that polls are unreliable.

To deny polls’ accuracy is a bit wishful, but not entirely out of the ballpark. But, per usual, they also blame the Beltway, i.e., D.C., for living in delusion land. That’s not a bad assertion in itself,, but I think we can point at a much more important result than polls or the opinion in Washington, DC.

Wisconsin.

Yes, Wisconsin, right here in the heartland, saw the Democrats come storming out and attend the polling places despite the dangers to their health and lives, back in mid-April, and resulted in a shocking upset of an incumbent Republican in a Wisconsin Supreme Court campaign. This is a poll of the most basic and accurate sort, and the Republicans got the short end of the stick.

And it’s important to remember that the Republicans, by themselves, cannot win an election. Nor can the Democrats. The key group is people like me, the independents. I have no idea how other independents are going to vote, but they must be the target of the Democrats and the Republicans; anyone who simply tries to firm up the base is deluding themselves.

So we’ll see in November who gets egg all over their faces, these GOP officials who’ve made Trump their husband, or the progressives who think Trump’s ad buys in Ohio are a signal of failure.