Word Of The Day

Kerygmatic:

The systematic study of theological truths within a structure that can directly and immediately serve to prepare for and promote the preaching of the truths of revelation to the Christian people (A. de Villalmonte). The modern movement for a kerygmatic theology seeks to orientate scientific theology to Christian life and apostolate, and thereby to bring about an interaction of theology and apostolic action. [Encyclopedia.com]

Aaaaand … that was gibberish to me. Truly. Scientific theology? Noted in “Is Latin more effective in driving out demons? An exorcist responds,” David Ramos, Catholic News Agency:

In the exorcism ritual of 2000, “the threats to the devil, the insults to the devil, have been suppressed, for example, because there were ritual prayers from 1614 that were directly a torrent of insults against the devil.”

“That is, they wanted to remove that part, let’s say, more threatening to the devil, to accentuate the kerygmatic proclamation of the Paschal Mystery of Jesus Christ,” [the unnamed consulting priest] said.

Uh huh. And finally:

Torres explained that “if an exorcist uses the ritual of 1614, he is acting correctly and it is effective, and if an exorcist uses the one from the year 2000, he is acting efficaciously and correctly, because the Church has pledged her prayer and her faith in those rituals.”

Which is to say, Let’s just dodge the question of whether or not Latin is more efficacious because I don’t want any bricks through my windows.

The 2022 Senate Campaign: Updates

Power prancers to the left, power prancers to the right!

  • A-rated, by FiveThirtyEight, Fox News has issued one of those generic Congressional polls that finds the faceless Democratic and Republican candidates to now be tied in preference. In May it was a seven point Republican lead, June a three point lead, ditto July. If September sees Democrats ahead, Republicans had better buy new handkerchiefs for blotting their foreheads. Or waving surrender, given their unfortunate alliance with the former President, and Biden’s surging success, which will soon, I suspect, be followed by a surge in his approval numbers.
  • The Green Party achieved its goal in North Carolina as a Federal judge ordered their Senate candidate, former Marine Matthew Hoh, had qualified to be on the ballot in November. While Democrats worry that he’ll peel off voters who might otherwise vote for their candidate, Cheri Beasley, in the long run Hoh’s presence on the ballot indicates a certain electoral openness to ideas that, if not yet espoused by Democrats, may in the future. The process of introducing new ideas to voters is an important step in the democratic process – perhaps the most important step.
  • Also in North Carolina, the Republicans face a similar problem in Libertarian Senate candidate Shannon Bray, but it may actually be more serious. The Republican candidate, Trump-endorsed Rep Ted Budd, may discover that the Trump endorsement is rapidly becoming a disadvantage. When conservative North Carolina voters, repulsed by his association with the former President, consider Democratic candidate Beasley unacceptable, Bray may attract their vote as an acceptable protest vote against both Budd and Beasley. Like many Democratic candidates nation-wide, Beasley would then benefit from the rapidly declining reputation of the former President.
  • Iowa Senate candidate Mike Franken (D), take note:

    “Are they going to have a strike force that goes in with AK-15s [sic] … ready to shoot some small business person in Iowa?” — Sen. Chuck Grassley (R-IA) speculates on what the IRS will do with their increase in funding from the Inflation Reduction Act.

    I say to Franken, Go on stage, play that clip, stare soberly out at your audience, and ask, “Is this the hysterical Senator you want representing you in Washington?” Do it at a debate if you can.

  • In Georgia, not all Republicans approve of Herschel Walker’s run for the Senate. Republican Accountability PAC (RAPAC) has announced an ad campaign targeting Walker and other extremists running under the Republican banner. Walker’s endorsement by the former President is already a threatening sign of disaster, so this may just be piling on. Ahem. Sorry. For more analysis, here’s Rebekah Sager on Daily Kos.
  • The nominees for the Hawaii’an Senate seat have been determined as of Aug 13th, and the top two are incumbent Senator Brian Schatz (D) and Republican and State Representative Bob McDermott. As can be seen to the right, McDermott appears to be a moderate Republican, but Schatz still appears likely to win the seat again. There are three other nominees making the ballot, representing the Aloha Aina Party, the Greens, and the Libertarians, but they seem unlikely to affect this contest.

  • Is Senator Rand Paul (R) of Kentucky kneecapping himself with this Tweet? The espionage act was abused from the beginning to jail dissenters of WWI. It is long past time to repeal this egregious affront to the 1st Amendment. Repeal the Espionage Act – The Future of Freedom Foundation. The Espionage Act has been mentioned in connection with the FBI visit to Mar-a-Lago. While Kentucky is considered a solidly Republican state, this may be a tool that his challenger, Charles Booker (D), can use against him.
  • John Bridgeland, Chief of Staff for retiring Senator Rob Portman (R) of Ohio, announces his support for … Rep Tim Ryan (D).

    Senator Portman’s On The Issues summation.

    The 2022 election for U.S. Senate in Ohio calls the question on what kind of representatives we seek and nation we want to be. I have the privilege of knowing both candidates and am forming “Republicans for Tim Ryan.

    Senator Portman (R) is no moderate, so this is quite a statement by Bridgeland, who presumably shares most or all of his boss’ positions. Just how bad does Ryan’s opponent, J. D. Vance, have to be to elicit this shocking response from a right-winger?

Previous absurd gestures concerning the Senate campaign are here.

Pulling In The Hole After One’s Self

I see that Erick Erickson is on the edge of terror, although even he may think he’s frightened of societal disturbance, and not what should really disturb him. Regardless, he’s busy saying silly things:

I have to agree with George Will and his magnificent column the other day.

Regarding this week’s events in Palm Beach, Fla., of course the rule of law is important. So, however, are other things, including social comity and — check the Constitution’s preamble — domestic tranquility. No value ever eclipses all others. Fiat justitia, ruat caelum — let justice be done, though the heavens fall? Let’s not.

The left is hell-bent on finding some reason to throw Donald Trump in prison. They impeached him twice. Now the Attorney General, who’d be on the Supreme Court but for Trump, has joined the fun to throw him in prison.

If you really do want to tear the country up, you’d do exactly that.

Otherwise, you’d ignore him.

An incredibly short-sighted remark in view of the potential damage the former President might do, depending on the contents of those documents, and his intentions thereupon.

But let’s skip that; it’s too obvious.

Erickson speaks of trust:

Merrick Garland and the Democrats are doing everything they can to get the man re-elected in their never-ending quest to find some way to throw the man in jail.

Let him go. Move on. Ignore him. You are right now finding some reason why you cannot in the name of justice, defending democracy, and the rule of law.

With each excuse, you are undermining all of the above.

This nation is running low on an indispensable ingredient of a successful society: trust, in institutions and one another. This week was another subtraction. Garland has said about the Justice Department, “We will and we must speak through our work.” Actually, his political duty is to explain and justify his work more thoroughly than he did in his minimalist statement Thursday afternoon. [George Will, I’m sure, but uncredited.]

Yes, this is about trust. Will and Erickson need to understand that trust comes with underpinnings. That a breach of trust must come with consequences.

Without those consequences, public and, yes, humiliating for both perpetrators and their allies, our society will die from lack of trust. This is why grifters are considered to be evil. This is why Erickson and Will are wrong.

But Erickson is terrified that the ideology around which he’s built his life, the Conservative Movement as some proponents call it, is about to burn to the ground. While I’m sure some will attempt to characterize Trump as an interloper, an aberration, and Erickson will be among them, the truth of the matter is that he was enthusiastically accepted by much of the base of the Republicans and the conservatives, and those that did leave were swiftly replaced by extremists holding dubious beliefs, or, worse, only the belief that they wanted and deserved power.

Trump is the toxic product of a broken ideology, an ideology that holds precepts foreign to American sensibilities, and Erickson has based his life on this ideology.

It’s not surprising that he’s dismayed, that he’s defending a possible traitor to the nation.

But he speaks of trust, so let’s speak of trust.

The peaceful transfer of power, one of the most important foundations of American government and society, is built on trust. We trust each other to transfer power peacefully, we trust the courts to fairly and lawfully arbitrate electoral disputes, we trust that our political opponents have our best interests at heart, and the dispute is over methods, not goals.

We trust each other not to instigate anti-government riots based on fits of pique at having lost.

So now we’re faced with a political movement – that’s yours, Erickson – that has produced a leader that has breached norms and laws, been credibly impeached, has a host of other negative, but irrelevant here, attributes, and has lost the trust of much of the American electorate, an electorate that seems to believe that crimes were, indeed, committed. An anti-government riot was instigated, and not only are there still high Republican officials bloviating their “doubts” about the 2020 election, but now Republican candidates who have lost in the primaries – let me repeat that, in the primaries – are shrieking that they were robbed.

Robbed by their own clubmates, as it were.

To speak so reverently of trust when you’re part of a Conservative Movement that will have none of it is really a bit of a sanctimonious joke.

And the worst part? Erickson’s right, and yet he’s not willing to back it up. Trust is the bedrock of this nation, and yet he continues to defend, and be part of, the untrustworthy Conservative Movement, an ideology that is based on an all-consuming selfishness, an arrogant adherence to religious kant over rationality and debate that renders opponents into creatures allied to the Devil.

Hard to trust those who you’ve consigned to the care of satanic forces.

Erickson calls for trust of the untrustable. His own broken argument destroys his desired conclusion, that his Conservative Movement escape close scrutiny.

And, under such scrutiny, the Movement turns out to be packed with fourth-raters and those who’ve forsaken reason for religious kant dispensed by grifters and power-seekers, who deny reason and reality itself in preference to those things that bring them power, wealth, and even just reassurance.

It’s an ugly, ugly disaster, a toxic pit of hellish personal characteristics.

Garland screwed up? PLEASE. He did the right thing, and the United States will be better for it.

Ooops, forgot: And that post title? Here’s Erickson, one more time:

And the fact that some of you will scream about this and insist it was all legitimate and I’m a partisan for saying otherwise actually makes my point for me. You’re too broken to be rationale on this. Your hatred has made you what you hate. You need to let it go, forgive, and move on.

Yeah, he actually went there. Arrogance supreme. Which may be America’s greatest curse these days.

Word Of The Day

Bupkis:

Bupkis is a Yiddish word, which is literally translated as “beans” and is derived from a Slavic word for “goat droppings.” Apparently goat droppings look like beans, although I’ve never actually seen any goat droppings.

However just to make things confusing, it’s not used as a reference to something edible (beans), or something inedible (goat droppings), but as something worthless (a bean isn’t worth much, and goat droppings even less)  [Bupkis.org]

Noted in “My Latest Theory About The SCOTUS Leaker,” David Lat, Original Jurisdiction:

Who knows? Not me. Like my prior post, What The SCOTUS Leaker Might Say For Themselves, this post is completely speculative and based on no inside information. You could torture me if you wanted, and you’d get bupkis. And yes, this post is also somewhat embellished, maybe even over-the-top—but remember that I’m also a fiction writer, and I’m working on a novel based on the events of this Term.

A Glimmer Of Self-Consciousness?

In Wisconsin, Republican Speaker of the House in Madison Robin Vos has fired a former member of the Wisconsin Supreme Court who had been hired to investigate the 2020 Election – and made his task into a public display of utter incompetence:

“After having many members of our caucus reach out to me over the past several days, it is beyond clear to me that we only have one choice in this matter, and that’s to close the Office of Special Counsel,” Vos said in a written statement. [WaPo]

If it’s true that multiple members of the Republican caucus have indicated dismay at Gableman’s antics to Vos, this may show that the Wisconsin GOP has at least a few moderate members who understand that competency and fair play is far more important to the voters than pre-determined investigation results and general clowning around.

Gableman took months to set up his office and spent the early stage of his review performing online research from a public library in suburban Milwaukee. He toured the site of a frequently criticized GOP-led ballot review in Arizona and attended a seminar in South Dakota hosted by Mike Lindell, the MyPillow chief executive who has spouted false claims about the 2020 election.

So maybe the Wisconsin GOP still has some respectable members.

But it does leave open the question: How the hell did Gableman ever get himself elected to Wisconsin’s SCOTUS? I mean, really? Unless he’s into early-stage dementia, he should have never been allowed anywhere near a judge’s chamber, except as a defendant.

Such are the results of straight ticket voting.

Why, Thank You, Senator Scott

Why, yes, Senator Scott (R-FL), this is 3rd World country stuff:

A former President taking various papers, with neither the right nor the permission, home with him after being kicked out of office, and perhaps selling them off to the highest bidder, does sound like something the corrupt leader of a Third World country would do.

Thanks for the reminder. I’m sure your colleagues will thank you as well.

We’d Probably Never Know

A CME, or Coronal Mass Ejection, occurs when part of the Sun’s corona, a plasma atmosphere of a star that happens to be very, very hot, which is required for a plasma, is blown off and outwards, usually by the magnetic forces of the star.

So what’s a Surface Mass Ejection (SME)?

NASA astronomers believe that in 2019 a colossal piece of Betelgeuse’s surface blew off [the red supergiant Betelgeuse]. The mass of the SME was 400 billion times greater than a CME or several times the mass of Earth’s Moon. Data from multiple telescopes, especially Hubble, suggest that a convective plume more than a million miles across bubbled up from deep inside the star, producing shocks and pulsations that blasted a chunk off the surface.

“We’ve never before seen such a huge mass ejection from the surface of a star,” says Andrea Dupree of the Harvard-Smithsonian Center for Astrophysics, who is leading the study. “Something is going on that we don’t completely understand.”

After it left the star, the SME cooled, forming a dark cloud that famously dimmed Betelgeuse in 2019 and 2020. Even casual sky watchers could look up and see the change. Some astronomers worried that the dimming foreshadowed a supernova explosion. The realization that an SME is responsible has at least temporarily calmed those fears. [Spaceweather.com]

Betelgeuse isn’t the biggest star around, but it might be in the top ten, with a diameter so huge that it’s literally greater than the diameter of a Jovian orbit.

Something that size blowing pieces off isn’t even terrifying. If our star did that, we’d probably never even know. We’d just be blotted out, as if the Divine had decided it’d made a mistake with us and was starting over.

It’s maybe 500 light years away, ± some odd numbers that appear to be in dispute, which, for my purposes, means we’re about 4 rows back in the audience if something serious happens to Betelgeuse.

Currency Always Has Costs, Ctd

Despite deepening doubts concerning cryptocurrency in the West, the Middle East is buying in:

The Bahamas-based cryptocurrency exchange FTX announced today that it has received regulatory approval to operate in Dubai [United Arab Emirates (UAE) capital]. FTX’s Middle East subsidiary FTX Exchange FZE, can now conduct virtual asset exchange services in Dubai’s program under the United Arab Emirates’ Virtual Asset Regulatory Authority, FTX said in a press release. [AL-Monitor]

While my wildest concerns with regard to cryptocurrency, that it’s a way to strip money from users who necessarily invest in it, seems to be unjustified paranoia, it’s hard not to read the above and nod. Why? These days it’s almost background noise, but the truth of the matter is that there’s a great deal of wealth in the Middle East, ranging from the fluid of wealth – no, not oil, but paper, gold, credit, and increasingly digital assets – to the engine of wealth – minerals and other tangible sources of wealth, such as, yes, oil.

And hyenas run to the source of sustenance.

So in UAE we see a country increasingly opening up to an unregulated currency that they also do not control. Maybe nothing will go wrong.

Or maybe the hyenas are circling and waiting for an opening. Hyenas are known to take down lions. And UAE is known to be a rich lion.

Word Of The Day

Sexagesimal:

Sexagesimal is a numbering system whose base is sixty. It originated in the ancient Sumerians in the 3rd millennium BC and was passed down to the ancient Babylonians and other nations. It is still partially used for measuring time and angles. The numeral system we now usually use is the decimal (10-base) system and the number 123 is equivalent to 1×102+2×101+3×100, while 1 hour, 2 minutes and 3 seconds is equivalent to 1×602+2×601+3×600=3723 (seconds). [NagaiToshiya.com]

Noted in “How the secrets of ancient cuneiform texts are being revealed by AI,” Alison George, NewScientist (6 August 2022, paywall):

It took a long time for cuneiform to shift from record-keeping to a tool for linguistic expression. The first royal inscriptions appeared around 2700 BC, and the earliest literary texts a hundred or so years later. One of the first known authors was Enheduanna, a princess, priestess and poet who lived around 4300 years ago. She wrote many hymns and the myth of Inanna and Ebih, which recounts a conflict between a goddess and a mountain. The most famous text of all is the Epic of Gilgamesh, about a king’s quest for eternal life, and includes a section that appears to be a precursor to the biblical story of the flood.

The impact of Sumerian culture still ripples through our lives today, not only through our biblical stories, but in our clocks. Their sexagesimal counting system, with a base of 60, is the reason why we have 60 seconds in a minute and 360 degrees in a circle.

Every Theory Has A Fly In It

I keep reading bits and pieces of the right, principally wannabe Limbaugh replacement Erick Erickson, and I stop as soon as I spot a mistake, a false assumption, that sort of thing.

And I don’t bother to write about it. No time.

But today I have off. So here’s what I found with Erickson’s analysis of the Mar-a-Lago raid, which borrows from National Review’s Andy McCarthy, and so I presume the entire right is consumed with this silly theory:

Look, the left is, at this point, epistemically convinced Donald Trump plotted, planned, and organized the riot on January 6th. They truly believe there was a master plan to overthrow the government. They truly believe Trump is a threat to democracy.

When you believe all these things, you’re going to try to find that one smoking gun to stop Trump from running for office again.

They tried. They seemingly did not find it. They’ve had to fall back on their excuse about classified documents knowing a very compliant press won’t ask too many questions.

Here’s the thing: former Judge and current US AG Merrick Garland isn’t “of the left,” as they say. When President Barack Obama received a recommendation that Garland replace the recently-deceased Scalia on SCOTUS, it was from both sides of the aisle. He’s considered a centrist, not someone out on the left.

And that’s why I don’t bother with the rest of Erickson’s post. Simple matters of false fact invalidate the thrust of his post. OK, so I read it, but very quickly, as it’s demonstrative of Erickson’s own position of peril, left trying to justify fourth-raters like Trump, Hawley, Cruz, Gaetz, Greene, Boebert, and many other “officials” who should never have been permitted the honor of holding such offices. Their embarrassing lusts, lack of ethics, and credulousness (you can include Erickson’s own religious beliefs under that heading, I shan’t object) have proven the point.

Erickson’s trying to build a story that’ll hold the conservatives’ Doubting Thomases together. Sadly, it seems that every day brings a fresh blow against the integrity of his story. Maybe he should give up?

Well, that would move him from direct opposition to the “baby killers.” Such are the wages of bad logic.

The Sad Plight Of Senator Cruz

Senator Cruz (R-TX).

When it comes to the former President, Senator Cruz (R-TX) is soon to find himself in quite a quandary. For those who don’t recall, Cruz first despised Trump upon his entry into the GOP Presidential primary in 2016, calling him a coward and pathological liar. Trump, however, returned fire, and when it became apparent that Trump would win the GOP nomination, he changed his tune, despite Trump’s frenzied attacks on Cruz’s wife and father.

He was gentled by Trump.

Since then, if he’s criticized Trump, it’s not been to any great extent. Rather, he’s considered an ally, with a TrumpScore of 92%.

The weasel smile.

Leaping forward to, oh, today, Cruz finds himself allies with a man who is alleged to have broken the law, as well as the public’s trust, over the matter of nuclear weapons. If such documents were found, and we may find that out later today, Cruz may gain a reputation as having been gentled by a criminal. We may find out, at a later date, that Trump was trying to sell nuclear secrets, much like the Rosenbergs – who were executed for their crimes. Such is his known passion for wealth.

And Cruz has his own known passion for power. He’s reportedly despised, in some cases even hated, by a bipartisan majority of the Senate.

We may be in the middle of a morality play, in which the value of putative social norms, such as temperance in connection to the pursuit of wealth and power, and a conscious and sober regard for the well-being of society, will get a well-needed boost. Not that those who need to learn those lessons the most will pay it more than lip-service, if that, but there’s value in the vast bulk of the population getting a good, swift kick upside the head as more than one of the elite conservatives take the long, agonizing fall into ignominy and social loathing. It may turn into a question of how many comrades will accompany Cruz into Hell.

At least, that’s where this is going. Next time Cruz runs for anything, he’ll be facing deep and searching questions concerning his relationship with the former President.

Controlling The Narrative, Ctd

As the fast moving events of the Mar-a-Lago FBI raid continue, for those who are a little fuzzy on the fine points of law enforcement – alleged criminal interactions, Lawfare has a slightly out of date tutorial available. I found this paragraph useful for clarifying my thoughts:

It is telling that the FBI sought a search warrant rather than relying on a grand jury subpoena for the documents in question. Subpoenas are typically used when the bureau has reason to trust that the recipient will hand over the information in question rather than obfuscating or destroying it. One possibility, raised by former Mueller prosecutor Andrew Weissmann, is that the bureau and the Justice Department “could not be confident that the former President of the United States would comply with a grand jury subpoena.” Another possibility, assuming this was an effort to recover classified material, is that the bureau proceeded by search warrant because that is standard practice when attempting to recover spilled classified material.

I’m speculating that these boxes of confidential information have a certain monetary value to the right persons, and Trump was hoping to monetize them.

Which makes me wonder what had already gone out the door, sad to say.

Controlling The Narrative, Ctd

There’s been a lot of muttering behind Democratic and other doors concerning the speed at which AG Merrick Garland operates, but I think that Garland is beginning to demonstrate how being deliberate and thoughtful can be just as useful as blazing speed.

And remember my comment that the former President has to control the narrative? I hope he didn’t have too strong a grip on the narrative, because otherwise he might be losing his fingers.

Again, a Twitter source, but it’s worth a quote.

Unsealing the warrant as well as the records of what was found.

And, from what I’ve read elsewhere, Trump really can’t oppose this tactic. Oh he can, legally, but politically it’s a bad looking move.

So now the Republicans who’ve been yelling about the politicization of the Department of Justice are about to get a full look at the FBI’s suspicions, as confirmed by a judge, as well as what was found.

And I can’t imagine Garland would walk down this path without some real goodies to show off.

The MAGA base will get to see it as well, and, having read Republican hysteria, will now get to compare and contrast Cruz, Rubio, et al, with reality. That’ll do some damage.

But worst of all for Trump is the loss of control. Control is part of his psychological makeup, and while I’m sure he’s used to losing control of narratives before, he’ll still be in danger of losing personal control with Garland’s foot up his ass.

And I still wonder if Trump has self-exile plans setup in case everything goes South in a hurry for him.

This may be a pivotal moment in the Trump investigatory era.

The 2022 Senate Campaign: Updates

You’d think they’d tire of the sausage-maker of news.

  • Progressives would like to believe the Florida matchup between Senator Rubio (R) and Rep Demings (D) is now even, but both cited poll sources are strongly progressive, so the grain of salt is large.
  • Attempts to weaponize the mysterious Republican urge to not cap insulin prices for privately insured individuals may be alluring, but a strong message shouldn’t try to communicate a complicated thought.
  • In Connecticut, incumbent Senator Richard Blumenthal (D) now knows his Republican opponent. Leora Levy is a Trump endorsee and won yesterday’s primary by 10 points. However, her political experience is, as one might expect of a Trump-endorsee in a blue state, extremely limited. Will a far-right extremist appeal to Connecticut independent voters? Back in May, Emerson College Polling, rated A- by FiveThirtyEight, gave Blumenthal a 16 point lead over Levy – but that was months and months ago. Time for another poll to see if intervening events have had an effect on Connecticut voters.
  • In Vermont, Democratic Rep. Peter Welch won the Democratic nod to replace retiring Senator Leahy (D), winning more votes in his primary run than all the Republicans running in the Republican primary put together. Welch’s Republican opponent will be the inexperienced Army veteran Gerald Malloy, who only won with a plurality. I want a poll, but I expect Welch to cruise to victory in this blue stronghold.
  • In Wisconsin, Tuesday’s primary yielded the expected Senate result: incumbent Senator Ron Johnson (R) vs Lt. Governor Mandela Barnes (D).
  • Arizona’s Senate race now has its first poll since its primary last week, and it shows incumbent Senator Kelly (D) with a shocking 14 point lead over Republican challenger Blake Masters. The pollster is Center Street PAC, a new pollster, so it’s hard to assess whether or not they are credible, even as I’ve run across them repeatedly for this year’s races. Arizona is known to be tracking more to the left, at least since the passing of Senator McCain (R) in 2018, but a jump like this on general principle is unlikely. I suspect that Masters and his backers, former President Trump and Silicon Valley billionaire Peter Thiel, all known extremists, are personally responsible for this poor polling result. I look forward to a poll from a known and A-rated quantity, such as Fox News or SurveyUSA, on this race, and for now cannot consign this race to be safe for either party. But it may turn out that Senator Kelly owes Masters’ two backers a Thank You! note or two.
  • While the Republican hysteria over the Mar-a-Lago FBI raid has a number of factors, for Senate races there has to be some highly credible worries that the former President will act like a black hole in terms of potential damage to the empty shell of high morality Republicans like to project, as well as the very real and tangible damage that may occur for all Senatorial candidates who are perceived as tied, or allied to, the former President and his agenda, fragmentary as it is. Indeed, for one or two of them, this event may be the incident that pushes them into political oblivion; contrariwise, for any Democratic Senators up for reelection that were in trouble, few as they seem to be, this may be the lifeline that they climb to safety.
  • The boomerang issue of the election season? Republicans love to portray themselves as law & order types, but, ya know, tax law is law, too. So why are the Republicans outraged at the idea of increasing funding for the Internal Revenue Service? This is the question that can bother quite a few voters, if it’s presented properly – and I’m sure the Democrats will so present it. Are Republicans trying to protect their patrons, as well as themselves, from tax investigations? They’re trying to stir up the ol’ fear thing, but the IRS has already stated that anyone making less than $400,000 will not have an increased chance of investigation.

The relentless flood’s predecessors are here. Your fellow audience members are below.

Word Of The Day

Polychrome:

Polychrome is the “practice of decorating architectural elements, sculpture, etc., in a variety of colors.” The term is used to refer to certain styles of architecture, pottery or sculpture in multiple colors. [Wikipedia]

Noted in “What if the ancient Greeks and Romans actually had terrible taste?” Philip Kennicott, WaPo:

In its new exhibition, the Met is pushing back against the general resistance, using speculative reconstructions by Vinzenz Brinkmann and his wife, Ulrike Koch-Brinkmann, scholars based in Frankfurt, Germany, who have specialized in the study of what is called polychromy. These include a painted reconstruction of the Met’s sixth-century B.C. marble sphinx finial, in which the wings are red and blue with gilded feathers, the tail dipped in blue and the neck ornamented with a red-and-gold choker.

Well. Far be it for an artistic heathen like me to say anything. Harrumph.

Is Private Justice Just?, Ctd

This thread hasn’t been awake for a couple of years, but the story this time isn’t surprising, only sordid.

The private judging industry needs stronger oversight, California’s chief justice said, following a Times report last week on the role for-hire judges played in Los Angeles attorney Tom Girardi’s suspected swindling of clients out of millions of dollars in settlement money.

Chief Justice Tani Cantil-Sakauye called revelations about the conduct of the retired judges, including a former state Supreme Court justice, “shocking” in a statement to The Times, acknowledging, “There are not adequate safeguards regarding the business of private judging.” [Los Angeles Times]

How bad is this collection of cases?

For decades, Girardi paid well-regarded private judges as much as $1,500 an hour to help him administer mass tort cases involving thousands of clients. The Times described how Girardi traded on the names of these former jurists to deflect questions about missing money and how, in some instances, they aided his misappropriation of client funds.

In one settlement in which a former appellate justice was paid $500,000 to oversee the distribution of funds, Girardi managed to divert millions of dollars from a settlement account for questionable purposes. A downtown jeweler received $750,000 for what court records show was the purchase of diamond earrings for Girardi’s wife, Erika, of “The Real Housewives of Beverly Hills” fame.

Classic pecuniary corruption, eh? But surely this can be corrected –

[The outgoing chair of the Assembly Judiciary Committee, Mark Stone (D-Scotts Valley)] said he was skeptical of a legislative fix to the problem, given opposition to prior proposed legislation to bring more transparency and public safeguards to the arbitration industry. Those measures, he said, were vigorously contested by corporations and business groups that favor the system that allows them to settle disputes out of public view, adding, “I’m not sure these ethical lapses bother them that much.”

“Those are very, very difficult bills to get through the Legislature, because those who stand to benefit from the way the arbitration system works oppose us at every turn, and that is to the detriment of consumers,” Stone said.

This isn’t to say that public justice is without corruption; the oversight of the judiciary by the Senate speaks to the negation of such a foolish assertion. And, of course, attorneys can also be corrupt.

Properly understood, this sort of article rebuts any claims that private justice is immune to corruption. Worse yet, the multiplication of avenues of corruption, as Assemblyman Stone narrates, further taints the idea of American justice; it suggests that private justice is worse than public justice when it comes to corruption.

Private justice isn’t about justice, but about minimizing the cost of wrong-doing by corporations.

Controlling The Narrative, Ctd

While I’m a little dubious of citing Twitter sources, I think the importance of the story concerning the contents of the Mar-a-Lago warrant and the option of the Trump operation to release the contents of that warrant make it worth the risk.

As I wrote about yesterday, the answer is ‘No.’ In fact, though, I’m surprised it came out so quickly, as I expected some dancing to and fro as a delaying tactic. Perhaps the Trump operation is in disarray, which would not be surprising from a herd of fourth-raters like them.

I also appreciate the note that the question of confidential records at Mar-a-Lago had been under discussion, as Erick Erickson has been whining that the raid was unnecessary, all the FBI had to do was ask. Drat, now I can’t find his post.

Based on the above, maybe they did. Again, it’s a Twitter source, so take it with a lump of salt.

Currency Always Has Costs, Ctd

Jerry Brito and Peter Van Valkenburgh at cryptocurrency think tank Coin Center may think they’ve made an effective argument over Tornado Cash, which I’ll have WaPo explain first:

The service, Tornado Cash, is what is known as a mixer, and it pools digital assets to obscure their ownership. Since its launch in 2019, the program has laundered more than $7 billion in digital assets, according to the Treasury Department. By adding the service’s website and 45 associated crypto wallets to the sanctions list, the administration makes it illegal for any American to transact with them.

“Despite public assurances otherwise, Tornado Cash has repeatedly failed to impose effective controls designed to stop it from laundering funds for malicious cyber actors on a regular basis and without basic measures to address its risks,” Brian Nelson, Treasury’s undersecretary for terrorism and financial intelligence, said in a statement.

Here’s Brito and Van Valkenburgh:

Moreover, while limitations on speech are often constitutional when applied after the fact (e.g. defamatory speech can be penalized), prior restraints on speech are typically unconstitutional. OFAC sanctions, unlike a defamation claim, operate as a regime of strict liability, meaning that no prosecutor or judge needs to make any public showing of fact to add a name to the sanctioned persons list, and transactions with anyone on that list are banned–a prior restraint–irrespective of the specific details of any particular transaction or the motivations of the transacting person. The Constitutionality of that regime as it is typically applied has not, to our knowledge, been challenged on First Amendment or due process grounds. This particular usage of OFAC raises heightened constitutional concerns because it is, again, not a ban on one non-US person’s ability to use the financial system, it is instead a ban on effectively every American’s ability to use a particular open source software tool.

While I’m no lawyer, their arguments appear to be a mess:

  1. Tornado Cash is a platform, not an open source software tool. The sanction appears to be against the platform. Whatever tool it’s built on, it’s not banned, at least that I can tell.
  2. But tools, despite decades of “warranties” that warranty that software has no particular use, are built with particular uses in mind. I’m a software engineer, trust me on this. And, yes, like any tool, people unconnected with the development of a tool often find really cool things to do with it. But a tool that enables anti-social activities to an extent thought to be far greater than its hypothetical enablement of a social good may be a target for banning that I, and many others, would consider valid. Keep in mind one person’s social good may be someone else’s social evil, with thanks to Heinlein.
  3. Same applies for a platform using said tool(s).
  4. Especially when the platform’s history demonstrates that its most popular function happens to be illegal, cf. WaPo.

In the end, given the apparent bias of authors Brito and Van Valkenburgh, I’d be a little cautious about taking their arguments at face value. Like I said, I’m no lawyer, but a plain English reading suggests they either don’t understand the difference between a tool and a platform, or they’ve deliberately confused the two.

Word Of The Day

Dysgenic:

Dysgenics (also known as cacogenics) is the decrease in prevalence of traits deemed to be either socially desirable or well adapted to their environment due to selective pressure disfavoring the reproduction of those traits. [Wikipedia]

Noted in “Slightly Against Underpopulation Worries,” Scott Alexander, Astral Codex Ten:

The claim isn’t that fewer people will have PhDs in the future: colleges will certainly solve that by increasing access to education and/or dumbing down requirements. It’s a dysgenic argument where we assume at any given time the people with higher degrees have on average higher genetic intelligence levels. If they’re reproducing less, the genetic intelligence level of the population will decrease.

Which is decidedly simplistic.

Controlling The Narrative

The big news concerning the FBI “raid” of Mar-a-Lago home of former President Trump has given rise to a political hubbub new to me: Trump is being badgered to release the warrant under which the FBI performed the search. Here’s Steve Benen’s lead-in on the story:

Neal Katyal, the former acting solicitor general in the Obama administration, is aware of the Republican pushback against the search warrant executed at Mar-a-Lago. On MSNBC today, the Supreme Court lawyer responded with a challenge to the former president:

“Donald Trump, you have a copy of the warrant. It explains what they were looking for, what statutes they think were violated, and what judge signed off on that. Release the warrant. You called on [Barack] Obama to release the birth certificate and all sorts of nonsense. If you believe this is such an abuse, let us see the warrant and let us decide for ourselves.”

Trump certainly could. But will he?

My money says he’ll publicly play with the idea, but eventually reject it. Trump’s success is greatly dependent, like any conflict, on controlling the narrative. In war, they call it shaping the battlefield. In Trump’s case, as one of the world’s greatest con-men, he’s been successful by giving out, as facts, information that plays to his advantage. Crime is climbing. He’s a genius. Migrants are rapists. The people he’s screwed over deserved it. Etc.

Is the FBI somewhere in this picture?

The warrant will spell out the facts, the legal theory justifying this intrusion into Trump’s home and properties. Facts, once out in the open, are difficult to spin, and thus are not generally of advantage to Trump.

Of course, the details of the warrant may change my analysis.

But this is my expectation. The more incontrovertible details are out there, the less Trump looks like a genius, a victim, a saviour, whatever he needs to be, and more like a mere criminal, or, even worse, an incompetent. That spins the narrative out of his control.

He may tease about it, he may claim he has no such right, he may find other excuses. In the end, it’ll remain a bit of a mystery.