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1
Politics & Religion / Re: Law Enforcement
« on: May 30, 2024, 07:51:07 PM »
No worries from me in making your case, and this article does a better job of that than you did the last time around  :-D 

Jeepers, you mean the articles posted by people with expertise in the area did a better job of explication than little ol’ me that said from the outset he had no expertise? Standby as I fumble about for my shocked face….

But hey, isn’t the point of posting pieces here to assemble a body of information that can be referred to when the usual suspects make their usual noise, or am I missing something?

2
Science, Culture, & Humanities / Good Source Material Here
« on: May 30, 2024, 06:52:30 PM »
A peer reviewed paper that does a good job of questioning many alarmist arguments. Good fodder for citation when tangling with CACA True Believers:

https://andymaypetrophysicist.com/wp-content/uploads/2024/05/Carbon-Dioxide-and-a-Warming-Climate-are-not-problems_Final_Submission.pdf

3
Science, Culture, & Humanities / Sunspots Coming Around Again
« on: May 30, 2024, 06:21:34 PM »
Looks like the same sunspot cluster that ejected the coronal mass providing the spectacular Northern Lights display a couple weeks back is coming around again. Note the fun that is poked at the “CO2 is really scary” crowd re how dismissive they are of the sun’s role in climate:

https://joannenova.com.au/2024/05/auroras-anyone-the-big-sunspot-cluster-returns-and-its-grumpy/?utm_source=rss&utm_medium=rss&utm_campaign=auroras-anyone-the-big-sunspot-cluster-returns-and-its-grumpy

4
Politics & Religion / An Unqualified Disaster
« on: May 30, 2024, 05:43:02 PM »
Given the exchanges the last time around I hesitate to post this, but I find the arguments compelling and the provided examples more than perplexing:

Qualified Immunity Is an Unqualified Disaster
Cato Recent Op-eds / by Clark Neily / May 29, 2024 at 3:12 PM
Clark Neily

District court judges occupy the bottom rung of the federal judicial hierarchy. They hold hearings, decide motions, and preside over trials. They do not make precedent; they apply it. It is therefore highly unusual for district court judges to publicly criticize appellate‐​court decisions they are bound to apply, much less rulings of the Supreme Court. But that’s precisely what happened last week when Mississippi Judge Carlton Reeves called for the eradication of qualified immunity.

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In a nutshell, qualified immunity is a legal defense that police and other government officials can assert in civil rights cases to defeat otherwise meritorious claims by arguing that it was not yet “clearly established” that the particular thing they did—whether shooting a fleeing suspect in the back or stealing $225,000 worth of cash and rare coins while executing a search warrant—was unconstitutional.

As Judge Reeves explains in his May 20 opinion denying qualified immunity to a Jackson, Mississippi detective who helped frame an innocent man for murder, there are so many problems with that doctrine that it’s hard to know where to start.

First and most fundamentally, the judiciary’s job is to apply law, not make it. And yet, in a blatant act of judicial policymaking, the U.S. Supreme Court read into the nation’s premier civil rights law, 42 U.S.C. §1983, the defense of qualified immunity despite the fact that the statute itself makes no mention of any immunities whatsoever. Judge Reeves notes how absurd it is to suppose that the 1871 law, which was designed to protect newly freed African Americans in particular from the predations of badge‐​wearing Klansmen and other tyrannical government officials, would have included a defense so broad as to entirely defeat the law’s unambiguous purpose. It makes no sense.

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The police‐​protecting doctrine is legally baseless, costly, and liberty‐​eroding.

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Second, Judge Reeves notes the practical consequences of qualified immunity, which include a free pass for a cop who shot an innocent boy in the leg from eighteen inches away while blazing away at a non‐​threatening family dog; letting a jailer off the hook who stood and watched without calling 911 as a suicidal prisoner hanged himself with a telephone cord inside his own cell; and finding no “clearly established” right not to be locked up “in a frigid cell, covered in other persons’ feces and forced to sleep naked in sewage” for six days because the only case on point held that “prisoners couldn’t be housed in cells teeming with human waste for months on end.” (The latter case was so obviously wrong that the Supreme Court summarily reversed without briefing or argument.) Another practical consequence according to Judge Reeves is the perpetuation of racial inequality. He notes that black Americans are more frequently subjected to stops, searches, arrests, and lethal force than other Americans, and “qualified immunity then bars many of these individuals from securing justice” when their rights are violated.

In what may be the most powerful part of his opinion, Judge Reeves reviews the policy justifications for qualified immunity and shows how each of them is completely baseless. Thus, qualified immunity does not promote fairness by putting police on notice of what they may and may not do for the simple reason that they neither read nor receive training on relevant court decisions beyond some rudimentary instruction at the police academy. Nor do police face financial ruin from damage awards—almost without exception, they are indemnified by their employers, which means the costs are passed along to taxpayers. And research by Joanna C. Schwartz, a professor at the UCLA School of Law, indicates that far from streamlining litigation and eliminating unmeritorious cases, qualified immunity “may, in fact, increase the costs and delays associated with constitutional litigation.” The list of baseless assumptions and judicial wishcasting goes on and on.

Judge Reeves’s final critique is perhaps the most morally devastating. Emphasizing the difference between civil and criminal cases, he explains how the Supreme Court manages to get the relevant calculus exactly backwards, creating a world in which it is very easy for the government to convict and imprison people for crimes they had no idea existed and conduct they never imagined might be illegal, but very difficult to subject a police officer or other government official to mere civil liability for conduct that everyone agrees was unconstitutional but in a serendipitously novel way. As he laments at the end of this trenchant discussion, “It cannot be true that in America, it is easier to take away one’s liberty than hold the government accountable for violating the very Constitution guaranteeing liberty.” But it absolutely is true, and we have the Supreme Court to thank for it.

Will Judge Reeves’s cri de coeur make any difference? Not by itself, perhaps. But it adds to a steadily growing drumbeat of dissent and disdain for a judicially confected, morally bankrupt, power‐​aggrandizing legal doctrine that the Supreme Court had no business inventing in the first place, and which it persistently refuses to defend on the merits or revisit despite seeing each of its shabby rationalizations torn to pieces by lawyers, academics, activists, and even fellow jurists like Carlton Reeves. An ostrich can only bury its head in the sand so deep and for so long. Or nine ostriches, as the case might be.

https://www.cato.org/commentary/qualified-immunity-unqualified-disaster

5
Politics & Religion / Federalism to the Rescue?
« on: May 30, 2024, 05:30:06 PM »
I’m going to have to do some mulling on this one—a couple of his examples such as sanctuary cities and abortion grate—though I do like the idea of using federalism to make sure liberty remains a tenet of American government and thank we should embrace any tool that allows us to thumb our noses at the federal government:

American Federalism Can Push Back against Executive Overreach
Cato Recent Op-eds / by Ilya Somin / May 29, 2024 at 3:12 PM
Ilya Somin

Since Donald Trump’s victory in the 2016 election, “sanctuary” jurisdictions have become a focus of political and legal controversy. Sanctuary policies are adopted by state and local governments that refuse to aid federal officials in enforcing certain federal laws. They can be thought of as attempts to build a type of legal wall around a state or municipality.

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For example, in Trump’s first term, immigration sanctuaries forbade local law enforcement organizations from helping to enforce some federal immigration laws. Those policies have been imitated by conservative states passing gun‐​sanctuary laws. In the future, especially if Trump returns to power, we may well see controversy over other types of sanctuaries, such as state and local governments seeking to protect abortion rights.

Sanctuary policies have their flaws and limitations. But they have strong constitutional grounding and are a useful check on federal power, especially on overreaching presidents of both parties. So it is worth exploring how sanctuary policies work and their constitutional foundations.

What Sanctuary Policies Are
Sanctuary policies are laws and regulations adopted by state and local governments that deny assistance to federal officials seeking to enforce particular federal laws. Currently, the most widespread sanctuary policies are left‐​liberal immigration sanctuaries. Over the last 20 years, numerous liberal “sanctuary cities” and “sanctuary states” have adopted policies barring their law enforcement agencies from assisting in the deportation of many categories of undocumented immigrants—usually those not convicted of serious crimes. Depending on how we count, there are either 11 or 12 immigration “sanctuary states,” and dozens of local governments with similar policies.

In recent years, left‐​wing immigration sanctuaries have been imitated by conservative gun sanctuaries, beginning with Montana. Gun sanctuary laws—or “Second Amendment Protection Acts,” as advocates like to call them—deny cooperation with enforcement of a variety of federal gun control laws. Three states—Idaho, Missouri, and Wyoming—have full‐​blown gun sanctuary laws, thereby earning a “gold” rating from Gun Owners of America (a pro‐​gun rights advocacy group). Seven other red states have more limited legislation.

Sanctuary laws are often analogized to “nullification”—the idea that states can render federal laws null and void within their territory. Nullification, of course, has a terrible reputation because of its association with southern states’ defense of slavery and (later) segregation. But there is an important distinction between sanctuary laws and nullification.

Nullificationists argue that the federal laws in question are completely void, and that states have the right to actively impede their enforcement on their territory. By contrast, sanctuary jurisdictions do not necessarily claim the laws in question are void. They merely deny them the assistance of state and local governments, particularly law enforcement agencies. For example, they refuse to help enforce the relevant laws themselves, or to provide information to federal law enforcement agencies engaged in enforcement efforts. But the feds remain free to try to enforce these laws using only their own resources and personnel.

In this respect, sanctuary jurisdictions are not actually complete sanctuaries. Undocumented immigrants protected by immigration sanctuaries may still be caught and deported by Immigration and Customs Enforcement (ICE) or other federal agencies. Gun owners protected by gun sanctuaries may, similarly, be apprehended by federal law enforcement agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal prosecutors remain free to charge violators of these laws in federal court.

Nonetheless, sanctuary jurisdictions’ denial of state and local assistance to federal law enforcement makes a difference. In the U.S. federal system, some 90% of law enforcement personnel are state and local government employees; only about 10% work for the federal government. Because of this imbalance, federal law enforcement agencies are heavily dependent on state and local cooperation to effectuate enforcement of most federal laws. When states and localities deny such assistance, it becomes extremely difficult for federal law enforcement to catch more than a small fraction of violators. This is particularly true of laws—including both immigration and gun laws—where the number of violators is very large. For example, there are some 11 million undocumented immigrants in the country. For these reasons, sanctuary policies significantly reduce the enforcement of federal laws they target, even if they cannot eliminate such enforcement entirely.

Abortion: A Potential New Sanctuary Frontier
While immigration and gun laws have been the main focus of sanctuary policies over the last decade or so, that could change. In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (2022), overturning Roe v. Wade, several liberal states have enacted “abortion shield” laws that protect medical providers and others who perform abortions for women from states with laws banning or severely restricting abortions. They also protect providers of abortion pills and related services.

While these laws primarily bar state cooperation with law enforcement by other states (in this case, states with abortion bans), they could also be used or expanded to bar cooperation with federal law enforcement as well.

Many Republicans advocate a national abortion ban, possibly one focused on abortions after 15 weeks of pregnancy. While Donald Trump (probably fearing adverse electoral consequences) has thrown some cold water on the notion, it could easily be resuscitated if he wins the presidency and the GOP also has control of both houses of Congress. Other conservatives involved in planning a potential new Trump administration want to use the archaic 1873 Comstock Act as a tool to ban shipment of all abortion‐​related equipment and medications, thus potentially leveraging that law into a nation‐​wide abortion ban. Whether courts would accept such a gambit is uncertain.

If either new federal legislation or the Comstock Act are used to impose nationwide abortion restrictions, we are likely to see abortion sanctuaries comparable to immigration and gun sanctuaries. Many blue states would almost certainly refuse to assist with enforcement of such laws. Adverse federal action on marijuana legalization or other issues could also potentially trigger state resistance through sanctuary policies.

The Constitutional Basis for Sanctuary Laws
Constitutional protection for sanctuary jurisdictions rests on a series of Supreme Court decisions holding that the 10th Amendment—which states that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States … or to the people”—bans federal “commandeering” of state governments. The leading decisions to that effect are New York v. United States (1992), and Printz v. United States (1997). They hold, among other things, that state and local governments cannot be compelled to help enforce federal law. The anti‐​commandeering doctrine was further extended in Murphy v. NCAA (2018), which held that the federal government cannot issue orders to state legislatures and thereby force states to enact legislation or to refrain from repealing state laws.

Critics often claim that the Supreme Court’s anti‐​commandeering jurisprudence has no basis in the text and original meaning of the Constitution. But, as legal scholar Michael Rappaport showed in an important 1999 article, the anti‐​commandeering decisions have a basis in the Founding‐​era understanding of the word “state,” which implied a sovereign authority that the federal government could not undercut by seizing control over the state’s government apparatus.

Printz and New York were decided by mostly conservative Supreme Court justices over vociferous dissents by the Court’s liberals. The law at issue in Printz required local officials to enforce a new federal background check gun law opposed by conservatives. Murphy was a 7–2 decision authored by conservative Justice Samuel Alito, with two liberal justices in dissent.

Ironically, these conservative decisions have been most extensively used by liberal immigration sanctuaries to successfully fend off Trump administration efforts to force them to aid the deportation of undocumented migrants. In the Trump era, liberal states and migrant‐​rights activists learned to love—or at least make use of—conservative federalism precedents they had previously opposed.

During Trump’s term in office, his administration reviled sanctuary cities and sought to bring them to heel as much as possible. The anti‐​commandeering rule precluded efforts at direct coercion. It led courts to largely reject a Trump lawsuit seeking to overturn California’s “sanctuary state” law.

The extension of the doctrine in Murphy prevented the administration from making effective use of 8 USC Section 1373, a federal law barring state and local governments from instructing their employees to refuse to share information on undocumented immigrants with federal law enforcement agencies. Multiple lower court decisions ruled that Murphy either required the invalidation of Section 1373 or compelled judges to interpret it very narrowly, rendering the law essentially ineffective. While Murphy struck down a federal law restricting states’ abilities to legalize sports gambling, its biggest practical impact was to give legal support to the idea of liberal immigration sanctuaries.

The Trump administration also tried to pressure sanctuary cities by threatening to cut off federal grants. A 2017 executive order tried to withhold nearly all federal funds to states and localities that refused to obey Section 1373. Later, the Department of Justice attempted to deny certain law enforcement grants to jurisdictions that refused to meet several immigration‐​enforcement‐​related conditions.

Both policies were struck down by federal courts because they violated Supreme Court precedent limiting the use of the spending power to coerce state and local governments. The Court had previously held that grant conditions must be clearly spelled out in the relevant statute; they must be related to the purpose of the grant and could not be so sweeping as to be “coercive.” Thus, for example, the federal government couldn’t withdraw all education funding to get states to enforce its immigration laws—that would be both non‐​related and coercive. The Trump policies were held to violate the requirement of clarity; indeed, they effectively sought to usurp Congress’s power over federal spending by imposing new conditions created by the executive branch. Courts also ruled that the executive order violated the anti‐​coercion rule because it covered such a vast range of grants. Some court decisions further concluded that Trump’s conditions violated the “relatedness” requirement.

Like the anti‐​commandeering rule, precedents limiting the use of the federal spending power had been pioneered by conservative justices and opposed by many liberals (though not as uniformly). But the sanctuary cases shifted their ideological valence.

After Trump’s 2020 defeat, Joe Biden and Attorney General Merrick Garland put an end to most of Trump’s anti‐​immigration‐​sanctuary policies. But the new administration was hostile to conservative gun sanctuaries. While it did not launch an extensive campaign against them on the scale of Trump’s effort to coerce immigration sanctuaries, the Biden DOJ did file a dubious lawsuit challenging the Missouri gun sanctuary law. In March 2023, a federal district court issued a badly flawed decision, ruling against the Missouri law. The judge recognized that the federal government cannot force Missouri to aid in the enforcement of federal gun laws but wrongly argued that the state law went beyond merely withholding assistance. In reality, the Missouri law does no such thing; hopefully, the ruling will be reversed on appeal.

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The Constitution fully allows expanding the sanctuary concept to protect individual rights.

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While sanctuary policies enable states to deny assistance to federal efforts to enforce laws against private parties, it is important to recognize that they do not empower states to violate federal laws themselves. States cannot use such policies to prevent the federal government from, for example, suing them for violating citizens’ constitutional rights. Nor can they use sanctuary laws to eliminate constitutional rights directly.

Legal and political conflict over sanctuary laws is likely to continue in the future. Should Trump prevail in the 2024 election, a second Trump administration plans to engage in a massive deportations of undocumented immigrants and would almost certainly make a renewed effort to coerce immigration sanctuaries. Hopefully, these will run afoul of the same constraints that undermined first term efforts.

If Trump is backed by GOP majorities in both houses of Congress, the Republicans could also try to enact new laws trying to use the spending power to pressure sanctuaries—for example, by tying a wide range of federal grants to immigration enforcement. Depending on how such laws are structured, they might run afoul of constitutional constraints.

As already discussed, a GOP administration might also clash with blue states over abortion. If a Republican president tries to use the Comstock Act to impose nationwide abortion restrictions, or new restrictions are enacted by Congress, blue states are likely to use “shield” laws to deny cooperation. The same applies if Congress were to enact a federal law restricting interstate travel to get an abortion.

Should President Biden be reelected, the Department of Justice case against the Missouri gun sanctuary law is likely to continue. The administration might also target other gun sanctuaries. More generally, both red and blue states might, in the future, try to use sanctuary laws against federal regulations on various issues. Immigration, guns, and abortion are far from the only situations where states might want to refuse to help enforce federal laws they object to.

Sanctuaries as a Check on Authoritarianism
Politicians’ and activists’ positions on sanctuary laws often reek of “fair weather federalism.” Their stances depend on whose ox is being gored. Supporters of immigration sanctuaries oppose gun sanctuaries, and vice versa, even though the constitutional issues in the two types of cases are very similar.

But there are good reasons to support state and local rights to adopt sanctuary policies that go beyond one’s specific policy preferences. If the federal government has broad power to force states to do its bidding, that power could easily be abused—especially in an era where there is severe ideological polarization, and many on both sides of the political spectrum are eager to coerce their adversaries.

The danger is heightened by the ways in which such power is likely to be concentrated in the hands of the executive. If the president can use vaguely worded laws to attach new conditions to federal grants, as Trump tried to do, he could easily use that to consolidate power and impose his own preferences on unwilling states and localities.

The case for sanctuary policies is even stronger if you fear that Trump—or some other potential future president—has authoritarian tendencies. Sanctuary jurisdictions can make such authoritarian aspirations harder to realize by giving refuge to the would‐​be dictator’s opponents.

Even when there is no authoritarian threat looming, sanctuary policies play a valuable role in preserving diversity in our federal system. In a highly diverse nation like the U.S., federally imposed uniformity would deny millions of people the opportunity to live under policies they prefer.

Sanctuary policies also help empower people to “vote with their feet” for the policies they prefer. People who dislike their home state’s policies on immigration, guns, or some other issue, have the opportunity to relocate to a more congenial jurisdiction. Where authority devolves to local governments, foot‐​voting opportunities are even greater, as it is often cheaper and easier to move between local governments than between states.

Foot voters generally make better‐​informed decisions than ballot‐​box voters do. In addition, the former can exercise greater freedom of choice than the latter, because their decisions are far more likely to decisively determine what laws they live under. In most elections, a ballot‐​box voter has only an infinitesimally small chance of decisively affecting the outcome (about 1 in 60 million in a presidential election, for example). Foot voters have much greater leverage.

Worth the Trade‐​Off
Sanctuary policies do have the downside that they could potentially be used to weaken enforcement of valuable federal laws. But this danger is readily outweighed by the benefits of checking federal power, preserving diversity, and empowering people to vote with their feet.

Some might argue that sanctuary policies are objectionable because they impede effective enforcement of many federal laws. That violates the seeming principle that every duly enacted law must be fully enforced. But we already have far more laws—and law-breakers—than any enforcement apparatus can hope to deal with. The majority of adult Americans have violated federal criminal law at some point in their lives, to say nothing of state law and civil law.

In such circumstances, government officials inevitably exercise extensive discretion over which laws to enforce and to what degree. It makes sense to allow some of that discretion to be used to deny state assistance for the enforcement of federal laws that the state and its people disapprove of. That puts a check on federal power, promotes diversity, and empowers more people to vote with their feet.

Ideally, we should reduce law‐​enforcement discretion by cutting back on the number of laws. But unless and until that happens, sanctuary policies are a good way to use some of the discretion that unavoidably exists.

https://www.cato.org/commentary/american-federalism-can-push-back-against-executive-overreach

6
Politics & Religion / What 2024 Should be About
« on: May 30, 2024, 05:20:12 PM »

What the Presidential Campaign Should Really Be About
America is on a suicidal fiscal and monetary trajectory.
May 30, 2024
By ALVARO VARGAS LLOSA

Also published in The Washington Times Thu. May 30, 2024
The latest U.S. economic data pours cold water on the optimists who predicted robust economic growth in the first quarter of 2024 and an inflation rate approaching 2%, which would encourage the Federal Reserve to start lowering interest rates.

Instead, the economy grew by just 1.6% from a year ago, according to the Bureau of Economic Analysis, less than half the rate of the previous quarter, and inflation, as measured by a gauge preferred by the Federal Reserve, remained unacceptably high.

To make matters worse, and despite the recurring claims of the Biden administration that hundreds of thousands of jobs are being “created,” full-time employment has declined significantly since June 2023; only part-time jobs have increased—a predictable result when politicians mandate significant wage increases for the least-skilled workers regardless of productivity.

These figures, bad as they are, come nowhere near the truth regarding the suicidal fiscal and monetary trajectory on which the United States finds itself—reason enough for the economy to be the overriding issue of the presidential campaign.

How did we get here? It has something to do with what Isaiah Berlin, one of the great political philosophers of the 20th century, believed: that not all values and objectives are compatible with each other, and that the pursuit of some goals requires the sacrifice of others. In short, you can’t have it all.

You cannot have a fiscally restrained government and a planetary empire at the same time. You cannot have fiscal discipline and a permanent, ever-growing welfare state. You cannot have a steadily improving standard of living and a central bank that prints money to fund the growth of government. You cannot fight wars and cut taxes. You cannot lower taxes and not reduce spending when what you spend exceeds what you take in. You cannot have a low savings rate and high investment levels that increase productivity.

Democrats and Republicans both bear responsibility for what is happening. The Democrats from time to time pay lip service to limited government, but they created the welfare state under Presidents Franklin Roosevelt and Lyndon Johnson, and with the exception of one short period during the Clinton administration, they continue to fuel its expansion.

As for the Republicans, they say they believe in small government, but it was Republican President Richard Nixon who introduced the Consumer Product Safety Commission, Environmental Protection Agency, Occupational Safety and Health Administration, and several other regulatory agencies that hold sway over so many economic decisions. Republicans have also done little to tame the welfare state, and they have joined their Democratic colleagues in feeding the post World War II “warfare state”: always, of course, in the national interest.

So, what we have is both a welfare state and a warfare state that are incompatible with limited government. The result is a looming financial crisis that paints an ominous picture of the future.

Last year’s fiscal deficit was the largest ever if we set aside the unprecedented gush in spending as the pandemic took hold. Inflation seems entrenched, haunting Federal Reserve Chairman Jerome Powell, who prematurely had announced that the Fed likely would cut interest rates soon.

But the worst still lies ahead. When President Harry Truman left office after the Korean War, federal spending accounted for 18.5% of gross domestic product, the measure of the economy. Now, it’s more than 32%.

The defense budget was about $400 billion (in current dollars) at the end of the Carter administration; now it’s close to $900 billion.

The federal debt amounts to $34 trillion, about 120% of GDP. If we include Social Security and Medicare commitments, total liabilities top $200 trillion, about twice the size of the global economy.

And there’s more. Since 1971, when Nixon ended what was left of the gold standard, the dollar has lost more than 90% of its value. Since 2000, it has plummeted by 45%. No wonder demagogic populism and nationalism are poisoning U.S. society and politics.

I don’t know that any of this is reversible. But I do know that no issue should be more central to the presidential campaign. Because when large empires pursue incompatible goals, as the United States has been doing for decades now, they inevitably decline—and ultimately collapse.

 
ALVARO VARGAS LLOSA is a Senior Fellow at the Independent Institute.

https://www.independent.org/news/article.asp?id=14944

7
Politics & Religion / Trump’s Donation Page Crashes Today
« on: May 30, 2024, 05:08:29 PM »
Trump’s donations page has crashed. I donated today; if you disagree with today’s verdict I suggest you do so too:

https://pjmedia.com/matt-margolis/2024/05/30/lawfare-backfire-trumps-donation-page-crashes-n4929491

It’ll be interesting to see what the total is. I suspect Dems won’t be pleased….

8
Politics & Religion / Who’s Spending What, Where?
« on: May 30, 2024, 05:02:20 PM »
Interesting breakdown of presidential candidate spending on Meta (FB), who they target, in which markets. My big takeaway is that Biden, who is spending 3 times more, is doing so in some places where he ought to have a lock:

https://www.worldofdaas.com/p/biden-campaign-outspending-trump-and-rfk-jr-by-3x-on-meta

10
Those despairing over over Trump’s conviction today in NY should be heartened by the ruling where another amok NY state attorney leaned on financial companies base in NY to stop doing business with the NRA. The Supreme Court rained all over that parade.

Indeed, given the lawfare we’ve been bearing witness to perhaps it’s time to start gaming out a way to deal with jurisdictions that convict Repubs for lawful behavior and acquit Dems for unlawful behavior. Perhaps upon so many reversals a change of venue is automatically made in certain jurisdictions? As noted before, I’m no lawyer, but I’ve little doubt the Founders would not be fans of seeing Blue cities warp the law as rural(er) red zones never see similar cases:

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

THURSDAY, MAY 30, 2024 NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

The National Rifle Association of America (NRA) scored a historic legal victory today in one of the most closely followed First Amendment cases in the nation.

In a stinging rebuke of New York’s “blacklisting campaign” against the NRA, the Supreme Court unanimously ruled for the NRA in its case against former New York State Department of Financial Services Superintendent Maria T. Vullo. The decision remands the NRA’s case to the lower court – reviving the NRA’s claims that Vullo, at the behest of former New York Governor Andrew Cuomo, violated the NRA’s First Amendment rights when she urged banks and insurers to cut ties with the NRA in 2018.

“This victory is a win for the NRA in the fight to protect freedom,” says NRA President Bob Barr. “This is a historic moment for the NRA in its stand against governmental overreach. Let this be clear: the voice of the NRA membership is as loud and influential as ever. Regulators are now on notice: this is a win for not only the NRA, but every organization who might otherwise suffer from an abuse of government power.”

The case was argued before the U.S. Supreme Court on March 18, 2024. The case is one of the most high-profile First Amendment cases in recent memory, with dozens of legal experts and constitutional scholars, including the ACLU, siding with the NRA.

“This is a moment of truth,” says NRA EVP & CEO Doug Hamlin. “The decision underscores the importance of this principled fight. When it comes to defending our members and their freedoms, the NRA will never back down.”

The opinion of the court, written by Justice Sonia Sotomayor, states, “Six decades ago, this Court held that a government entity’s ‘threat of invoking legal sanctions and other means of coercion’ against a third party ‘to achieve the suppression’ of disfavored speech violates the First Amendment… Today, the Court reaffirms what it said then: Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors. Petitioner National Rifle Association (NRA) plausibly alleges that respondent Maria Vullo did just that.”

“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” says William A. Brewer III, counsel to the NRA. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy. This is a victory for the NRA’s millions of members and the freedoms that define America.”

In the opinion, Justice Sotomayor writes that Vullo was “free to criticize the NRA” but “could not wield her power, however, to threaten enforcement actions against DFS-regulated entities in order to punish or suppress the NRA’s gun-promotion advocacy.”

Justice Sotomayor continues, “One can reasonably infer from the complaint that Vullo coerced DFS-regulated entities to cut their ties with the NRA in order to stifle the NRA’s gun-promotion advocacy and advance her views on gun control.”

The History of the Case

In a May 2018 lawsuit, the NRA alleged that Vullo, at the urging of Governor Cuomo, took aim at the NRA and conspired to use DFS’ regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech. The NRA argues that Vullo’s actions were meant to silence the NRA – using “guidance letters,” backroom threats, and other measures to cause financial institutions to “drop” the Association.

The NRA's First Amendment claims withstood multiple motions to dismiss. But in 2022, after Vullo appealed the trial court’s ruling, the Second Circuit struck down the NRA’s claims. The court ruled that in an era of “enhanced corporate social responsibility,” it was reasonable for New York's financial regulator to warn banks and insurance companies against servicing pro-gun groups based on the supposed “social backlash” against those groups’ advocacy. The court also ruled that Vullo’s guidance – written on her official letterhead and invoking her regulatory powers – was not a directive to the institutions she regulated, but rather a mere expression of her political preferences.

On February 7, 2023, the NRA petitioned the U.S. Supreme Court, seeking review of the Second Circuit decision. On November 3, 2023, the Court granted review of the case.

Twenty-two amicus briefs representing more than 190 individuals and organizations were filed in support of the NRA’s position, including a filing by several of the nation’s foremost First Amendment scholars. The amicus briefs also included a joint filing by dozens of congressional Republicans and filings by 25 state attorneys general. The support came from across the political spectrum.

On Monday, March 18, 2024, the Court heard oral arguments in the case. ACLU National Legal Director and NRA counsel David Cole argued that Vullo and other New York officials abused their authority in violation of the First Amendment, telling the justices: “There's no question on this record that they encouraged people to punish the NRA.” Cole said, “It was a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy.”

Eugene Volokh joined Brewer and the ACLU in representing the NRA, along with Brewer partners Sarah B. Rogers and Noah Peters.

11
Politics & Religion / A Handmaiden’s Fail
« on: May 30, 2024, 03:44:14 PM »
I dunno where to post this as I can’t find a “women’s lib” thread. Suffice to say Dem’s attacking Alito for not controlling his wife’s flag waving habits is a wee bit ironic:

https://chroniclesmagazine.org/web/democrats-demand-justice-alito-control-his-wife/

13
Politics & Religion / Joe Goebbels, Please Call Your Service Redux
« on: May 30, 2024, 03:27:33 PM »
An apt post with numerous links tracking many of the hyperbolic media claims made re Covid that turned out to be false. Nothing resembling accountability has occurred in the wake of these falsehood, and indeed these false news pieces arguably succeeded in their goal of propping up alarmist edicts, with hurricane Katrina being used as an example where false claims bore electoral fruit and indeed served as a roadmap used as future false, alarmist news stories were floated.

Perhaps we need to draft a comprehensive piece tracking all these false efforts that can be added as an asterisk to future deconstructions of the next instance of Big Like employment, making it clear Goebbels’ antecedents are in shameless play:
 
https://instapundit.com/649889/

15
Politics & Religion / The Oct. 7 US Policy Striptease
« on: May 30, 2024, 02:17:03 PM »
Clearly I’m a masochist as I record episodes of PBS’s Frontline to then watch at my leisure, mostly so I have a handle on what the “Progressive” regime wants me to think. Yesterday I watched a recorded episode purporting to unravel the Israel/Hamas war. A prominent, concluding element involved the Abraham Accords that Trump engineered, with the message we were supposed to walk away with being those Accords utterly subverted the Palestinian (with that term being a construct used for propaganda purposes) cause to the point all Accord players could ignore them, thus inspiring Oct. 7, an operation meant to put Palestinian concerns back on the map.

Seemed too trite and convenient a thesis to take seriously. Lo and behold I am perusing my feeds today and this “striptease” piece shows up. I suspect this is precisely what is happening: feigning surprise that some think the Abraham Accords are responsible for Oct. 7, pretending to mull this perspective, and then using the supposed deliberations as a springboard to alter the US policy course, with the MSM playing along with this piece of kabuki theater. Certainly indicates what they think of our critical faculties: 

The Big Story

In a 2016 article for Tablet, “Obama’s Syria Policy Striptease,” Tony Badran laid out the “striptease” messaging genre adopted by the Obama echo chamber to retail White House Syria policy to a skeptical American public. In the policy “striptease,” Tony wrote:

Hand-picked experts offer fresh policy advice to the president. The authors demonstrate their independence by criticizing the supposed current policy and propose a new course of action. Within weeks, the new course of action is acknowledged as policy, thus flattering the importance of the experts. Only, what the experts suggested was already the policy—and what they were “criticizing”—was the fan that the messaging campaign had manufactured to obscure, for a time, what the White House was actually doing in Syria.

The striptease came to mind this morning when we read, in Jewish Insider, that Congresswoman Alexandria Ocasio-Cortez (D-NY) had made an appearance last week on the Twitch stream of the self-proclaimed “Marxist-Leninist” Hasan Piker. On the stream, AOC said she agreed “10,000%” with Piker’s assertion that Donald Trump, Jared Kushner, and the Abraham Accords were to blame for the Oct. 7 attacks. This story, far from demonstrating that AOC is dangerously close to supposedly “radical” Marxist elements of the left—Piker once declared that “America deserved 9/11” and has hosted a Houthi militant on his stream—instead illustrates the way that the Obama-Biden echo chamber has evolved over the past eight years. Namely, rather than operating purely through such D.C. swamp creatures as Jeffrey Goldberg, it has incorporated allegedly independent “communists” and “radicals” like Piker into the heart of the party’s messaging apparatus.

We’ve written before about the split between the Biden White House’s fake public policy in the Middle East and its real, secret policy. The fake policy is both a deep commitment to Washington’s traditional partners in the Middle East, including Israel and Saudi Arabia, and a desire to continue the positive steps toward “regional integration” taken by the Trump administration during the Abraham Accords—albeit without the Trump administration’s allegedly destructive indifference to the Palestinian question. The real policy is that the administration wants to destroy the Abraham Accords, which it correctly perceives as a repudiation of the Obama-Biden policy of realignment toward Iran. Rather than doing this openly—the Abraham Accords were, after all, widely acknowledged as a resounding diplomatic success—the administration is attempting to do it stealthily, by weaving Abraham Accords-sounding language, such as Israeli-Saudi “normalization,” into its own policy framework, which inverts the Trump framework by putting the Palestinian issue front and center.

Since the Oct. 7 attack, we have seen a chorus of seemingly independent voices on the left assert a “critique” of the Biden administration’s fake policy that is in fact a justification for the actual policy, which nonetheless goes unacknowledged. On Oct. 9, for instance, The Intercept declared that Hamas’ attack represented a “total failure of the Biden administration’s Middle East policy”—which, it asserted, was centered on an “expansion of the Abraham Accords” and an expectation that “the Palestinians would simply resign themselves to a slow death.” On Oct. 20, the Quincy Institute for Responsible Statecraft—helmed by leading Iran propagandist Trita Parsi and funded by George Soros and Iranian-born Francis Najafi—again pinned the violence on the Biden administration’s decision to “continue Trump’s normalization efforts” between the Israelis and the Sunni Arab states. In December, Sarah Leah Whitson of Democracy for the Arab World Now, the pro-Qatari, Muslim Brotherhood think tank cozy with the Biden State Department, penned an op-ed in Time Magazine excoriating the Biden White House for supporting and expanding the Abraham Accords, which allegedly “emboldened successive Israeli governments to further ignore Palestinian rights.”

In reality, of course, the Biden policy these critics are describing is entirely mythical; the administration was so hostile to the Abraham Accords that it forbade its officials from uttering the phrase, with sometimes comic results. At the same time, the policy they present as a supposedly radical alternative is a fair description of the administration’s real policy. That policy is to emphasize, time and again, that agreements between the Israelis and Sunni Arab states—now downgraded from “peace deals” to “normalization agreements”—are “not a substitute for Israeli-Palestinian peace,” as then State Department spokesman Ned Price put it in 2021. The latest culmination of this policy is the White House’s attempt to use Saudi-Israeli normalization as leverage to force Israel to preserve Hamas in Gaza and commit to recognizing a Palestinian state.

This inside-outside game, in which the administration leaves the articulation of its real policy to “outside” “critics” of its fake policy, explains why the White House—and the Democratic Party more generally—often appears to be irrationally caving to pressure from its “left flank,” which, critics rightly point out, represents an insignificant share of the American electorate. We’re not saying that Piker is receiving instructions from the White House—although, given the revelations that the administration was pushing its talking points to the New York Times Pitchbot X account and an Arab amateur porn star, we wouldn’t be shocked if he was. What we’re saying is that the administration cannot articulate its own position, and so it leaves the task to outside “critics,” which is what gives the public the misleading impression that the left-wing tail is wagging the White House dog.

16
Politics & Religion / Fetterman Doffs Harvard Hood
« on: May 30, 2024, 11:54:09 AM »
I am quite surprised to be taking a liking to this guy, but where Israel is concerned he demonstrates a sense of justice as well as a set of stones the rest of the Democratic Party sorely lacks:

https://nypost.com/2024/05/29/us-news/sen-john-fetterman-dramatically-whips-off-harvard-hood-at-yeshiva-university-commencement/?utm_source=facebook&utm_campaign=android_nyp

17
Politics & Religion / Joe Goebbels, Please Call Your Service
« on: May 30, 2024, 11:42:42 AM »
An apt post with numerous links tracking many of the hyperbolic media claims made re Covid that turned out to be false. Nothing resembling accountability has occurred in the wake of these falsehood, and indeed these false news pieces arguably succeeded in their goal of propping up alarmist edicts, with hurricane Katrina being used as an example where false claims bore electoral fruit and indeed served as a roadmap used as future false, alarmist news stories were floated.

Perhaps we need to draft a comprehensive piece tracking all these false efforts that can be added as an asterisk to future deconstructions of the next instance of Big Like employment, making it clear Goebbels’ antecedents are in shameless play:
 
https://instapundit.com/649889/

18
Support pics at the X post:

CNN Defense Analysts have now determined that the Israeli Airstrike on May 26th against a Hamas Compound in Western Rafah, which was believed to have possibly caused an Explosion and Fire which resulted in the Death of between 35-45 Palestinian Refugees, could not have been “Completely Caused” by the Israeli Airstrike due to the Size of the Explosion. Shrapnel and Parts which were Discovered in the Rubble of the Hamas Compound, which was roughly 200 Meters from the UNRWA Refugee Camp, suggest that the Strike was carried out using 2 GBU-39 Small Diameter Bomb with 250lb Warheads; these Bombs would have not been nearly Powerful enough to have caused the Explosion at the Camp nor would the have been Large enough to cause any kind of “Splash Damage” to the Camp, which again was over a Kilometer from the Strike Location. This Analysis suggests that what Israeli Defense Officials have so far suggested is likely True, which is that Hamas Munitions which were Hidden roughly Half-Way between the Compound and Camp were Detonated by Shrapnel from the Airstrike, causing the Explosion of multiple Fuel Tanks at the Refugee Camp and the eventual Fire.

https://x.com/sentdefender/status/1796023788552778155?s=12

19
Politics & Religion / Trump 2.0, Day 1, Part 2
« on: May 30, 2024, 09:20:14 AM »
I don’t disagree with this plan, and would add to the list, like telling all Executive Office agencies that they can no longer enforce any regulation that wasn’t specifically authorized by Congress and signed by the president:

Trump Wins. What Next? (Part 2)
Kurt Schlichter

May 30, 2024

When Donald Trump beats Grandpa Badfinger in November, he better hit the ground ready to fight. In my Monday column, we discussed how the Democrats will completely freak out and attempt to disrupt the peaceful transition of government – an act that’s going to be absolutely fine and necessary to maintain Our Democracy even though last week it was the worst thing ever. This second columns talks about what must happen right after Trump is re-inaugurated, God-willing, and what he must do immediately upon taking office. Momentum and inertia are vital. Trump must take his objectives quickly. He must put points on the board immediately on Day One.

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Speed is not just of the essence – it is everything. Look at what happened with Israel in Gaza. It should have destroyed Hamas immediately. No waiting. No screwing around. Get in there and get it done. Nothing wins like winning. There’s no victory like victory. You’ve got to get in there and make it happen fast. When you hesitate, it gives the enemy the time to rebuild, re-orient, and counterattack. The IDF should’ve been hanging scumbags from what few lampposts that remain standing in Gaza within the first month, well before all the little keffiyeh-clad scumbags started occupying campus quads and President Gumby started showing his spinelessness.

Audacity, audacity, audacity.

The same is true with Trump taking power again. Take power and use power ruthlessly and without hesitation or lose – those are the choices. He’s got to get wins quickly and needs to pile wins upon wins so fast that the regime media and the institutions can’t decide what to react to. You’ve got to overwhelm the left, and you can only do that with proper planning. You have to plan the transition out so that on Day One, right after he takes his hand off the Bible and goes back to the White House, Trump starts signing things. Orders. Pardons. Regulations. They need to be waiting for him to sign. You take the initiative and you get inside the enemy’s decision cycle. You hit them with so many things so fast that they can’t pick out what to focus on. Overwhelm them with conservatism.

Not only does this tactic neutralize the ability of the regime media to create fake media firestorms, but it also has a morale effect by cheering up us voters when we see our priorities finally put into action. And, of course, it achieves substantive results. In other words, we not only want to do things that are going to help us, but we also want to be seen as doing things that are to help us so that our voters know they are winning and the damn communists know they are losing.

Day One is when we end the two-track justice system. Just recently, some Palesimpian scumbag knocked over a cop in Washington, DC. He’s getting probation. The guys who allegedly did that on January 6 are getting ten years. That can’t be tolerated. The left can’t be allowed to win. It’s not a matter of whether pushing cops is a good or bad thing. It’s a matter of allowing the Democrats to create and perpetuate a dual-track justice system. Allowing conservative-linked people to rot in jail while leftist–linked people run free perpetuates the unfairness. The lawfare by the left must end.

The President has the power to pardon. He should use it. Day One, Trump must pardon every single J6 defendant. Every one of them for everything. No exceptions, no hesitation. Pardon every single one of them, and not just J6 defendants. How about those abortion protesters held in jail for years? How about Steve Bannon and Peter Navarro – prosecuted for contempt of Congress while Democrats get away uncharged (we’ll fix that too). How about that guy who is sitting in prison because he made a mean meme about Hillary Clinton? Pardon him. Pardon everybody who’s been treated unfairly by the Democrats. Then Trump needs to pardon everybody associated with his prior administration. And he needs to pardon himself.

Will the Democrats freak out? Well, yes, though if Trump does it right, they’ll be a lot more things to be freaking out about on Day One. But who cares if they freak out? Caring is the only thing that stops us from using our legitimate power. They’ll say that we don’t care about the rule of law. Who cares what they say? Ensuring that the law has been applied equally – which these pardons would do because Democrats don’t get prosecuted – supports the rule of law. But this isn’t about clichés. This isn’t about pleasing the Democrat elite. They’re never going to be happy. It’s foolish to try. It's about neutralizing the Democrat’s misuse of power. You cannot let them win.

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Here’s a radical notion for Republicans. Make Republican voters happy. Trump should aggressively use his power to support the interests of the Republican voters who elected him. Serving those who elected him should be his number one priority. The Democrats understand how power works. They violate the law on immigration and on student loan debt transfers to support their constituents. We need to support ours – legally – and we need to do it without apology and without hesitation.

Trump needs to shut down the border on the first day. Summarily reject all asylum applicants. Just turn their butts around. No more flying illegals anywhere except home. We need to keep doing that even if some Hawaiian judge orders us not to enforce the law and kick these bums out. Fight that obstructionism. As Biden’s student loan scam shows, you find a technical argument to ignore it, ignore it, and get the benefits before the lower court can say, “No, we really mean it” – or the SCOTUS says, “Go for it.” He also needs to cut off the cash to the parasitical NGOs that have gotten billions of dollars to facilitate this invasion of Third World peasants. No more money to any of them. Nothing. Starve them.

And as for student loan forgiveness, Trump simply needs to order that the purported forgiveness is unforgiven and that the USA is going to start collecting those monies. Let the deadbeat gender studies majors sue to enforce an executive action that the Supreme Court has already said is unlawful. After all, Trump must enforce the laws, and the laws say that these debts have to be paid back. Biden’s unlawful waiver of these obligations is legally ineffective. Enjoy the cry of a million gender studies graduates screaming in anger!

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We need to start recruiting foot soldiers for the administration. Trump is going to need a lot of conservative bodies to fill the jobs in the myriad federal agencies. Right now, they’re packed with Democrat activists. We need to change that, and we need to not apologize for it. He must fire scores of senior staff at various agencies. Ones he can’t fire need to be transferred to their new place of duty in Ticklebooty Springs, Wyoming.

He needs to fix the military. He needs to fire the joint chiefs. He also needs to fire the heads of all the military academies and war colleges. He must order DEI is completely out of our armed forces. He needs to make clear that our military’s purpose is to destroy our enemies and nothing else. Not screwing around about the climate hoax. Not diversity. Killing our enemies. He’s commander-in-chief, dammit, and he should command. Not ask. Command.

There should be a towering pile of executive orders waiting for him on the Resolute Desk when he gets back from the inauguration, executive orders that will make the Democrats scream. For example, the only reason that federal government employees can unionize is because of an executive order. He should revoke that on Day One and ban government employee unions. Sure, they’ll scream and yell. They’ll sue. Maybe they’ll go on strike, which would be great because when these flunkies disappear and nothing changes, we’ll see that they weren’t necessary to begin with. Obviously, you want to put a hiring freeze in place. Obviously, you want to ban DEI throughout the government.

Federal law enforcement needs new rules to stop the persecution of political opponents, which inevitably means Democrats persecuting Republicans. His first action should be an order that there is no investigation, evidence gathering, prosecution or any other activities directed at any member of the administration without the personal approval and signature of the Attorney General. Yes, Trump should interfere with the operations of the Department of Justice. It’s a corrupt organization full of Democrat activists who have demonstrated that they are unworthy of our trust. He shouldn’t give it to them. He’s the chief executive elected by and accountable to the voters. The unelected Attorney General, and therefore every single other unelected employee of the Department of Justice, works for the President. He should delegate to his Attorney General, and to no one else, the ability to approve an investigation of any kind of the administration or any other political official. No more Russiagates. No more Flynn frames. The Department of Justice has shown that it cannot be trusted not to abuse its power, so it will lose its power. The elite won’t like it – they want a fourth branch of unaccountable government bureaucrats, but that’s not a thing, and we can’t let it continue to be a thing.

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It’s vital that this all happens on Day One because of what will appear on Day Two’s front pages of the New York Times and Washington Post. What will the headline be? He will have done dozens and dozens of things. Do they go with the pardons? Do they go with DEI? Do they go with his other executive orders? We want them pulling out their purple hair, trying to figure out what they will focus on as the biggest outrage in the face of dozens of outrages. They will scream and yell. They will cry. Maybe they will riot – of course, the insurrectionists will feel the full wrath of a Trump Justice Department. The Democrats and Congress will go nuts. Who knows, they may obstruct the Senate from conducting business – we will probably have a majority, but a minority can do that. That’s fine. Let them. We need to remember that it’s the Democrats who mostly benefit from government largesse. Let the Democrats shut down the government. Throw us in that briar patch.

Most of all, Trump must stand firm – something that will not be a problem. He’s tough, and he’s mad. Any other Republican would’ve wilted under the attacks on Kavanaugh, but Trump didn’t. You know, they say that Trump is going to use his second term to get revenge because he’s so vindictive. Good. That’s a strength. We want him vindictive. We want him to seek righteous retribution – since when were Republicans against punishing wrongdoers? We want Trump utterly focused on breaking the stranglehold on, if you pardon the expression, Our Democracy that these leftist jerks have had for the last decade.

He must exercise his constitutional power without apology or hesitation. He must move fast and ruthlessly. The way to do that is to plan the transition in detail. It needs to be comprehensively plotted so that he’s ready to act immediately, Day One. His last administration was largely improvised because, at some level, people didn’t really believe that he was going to win, and they didn’t really prepare for it. Well, there’s no excuse now. There are thousands of Republicans who have had administration experience thanks to Trump, people who can come aboard for Trump 2.0, and this time, they can utterly lay waste to the Swamp.

It will be glorious!


20
Upcoming SCOTUS decision may hobble sundry administrative courts.

Wish there was comprehensible research out there that could be used to measure the efficacy of various federal (and state, for that matter) agencies to measure there ROI. My guess is any metric wouldn’t be kind and hence would serve to suggest we don’t much need many of these agencies, casting their enforcement tactics more as something that justifies their existences, rather than provides measurable benefits beyond creating voting blocks that cast ballots as an act of self-preservation:

Justices may shrink the bureaucracy
“I want a government small enough to fit inside the Constitution.” -- Harry Browne
MAY 29, 2024

Politico is concerned that the deep state will no longer get to shove people around.

It reported:

A decade-long conservative crusade against financial regulators will come to a head soon with a crucial Supreme Court ruling, part of a legal strategy that has spread across multiple Washington agencies into a broad attack on a core power of the federal government.

The court’s ruling on Securities and Exchange Commission v. Jarkesy, a case challenging the power of in-house federal judges, could hobble a whole range of agencies in unpredictable ways, cutting the powers of antitrust enforcers, labor regulators and consumer finance watchdogs.

Good. They should be hobbled.

The bureaucracy makes the rules, enforces them and hires the judge-jury-and-executioner to hear the case. The president — or someone else in the administration — appoints them without Senate confirmation.

The abuse of this power by bureaucrats goes way, way back like a Jim Thome homerun. A half-century ago, Donald Trump made the Front Page of the New York Times for the first time — Major Landlord Accused Of Antiblack Bias in City.

HUD thought it had him. Trump and his dad hired Roy Cohn, the prosecutor of the Rosenberg traitors (and lefty icon) who took the case out of the hands of an administrative law judge by suing HUD for $100 million in federal court. Two years later they settled with the Trumps agreeing to be sure to rent to black people. No fine. No admission of guilt. No Front Page story.

This case is similar.

The American Bar Association’s summary was “This case concerns the Securities and Exchange Commission’s ability to bring enforcement actions for securities fraud before administrative law judges, rather than in federal district court. The target of an enforcement action argues this venue choice stems from an unconstitutional delegation of legislative power to the SEC and that the proceeding violates the Seventh Amendment right to a jury trial. In U.S. Securities and Exchange Commission v. Jarkesy, the Court has the potential to change the way government agency claims are adjudicated.”

I am not really sure how the agency judges square with the right to a fair trial.

The ABA said, “The proceeding is similar to a trial except that many of the hallmarks of due process are absent: there is no jury, there is no discovery, the evidentiary rules are relaxed, and guilt is determined by a preponderance of evidence. Either side may appeal the ALJ’s decision to the SEC commissioners, and the SEC’s final decision may be appealed to a federal appeals court. The appeals court may only reverse the SEC’s ruling if the findings were unsupported by ‘substantial evidence’ in the record.”

The ALJ’s decision cost Jarkesy (a company) just under a million bucks. The legal fees to bring the case to the highest court in the land likely exceeded that. The federal government has an unlimited supply of money.

Mark Cuban, owner of the Dallas Maverick’s NBA team, squared off against the SEC’s rigged system a decade ago — and lost.

He told Politico, “I support the right to a jury trial. Period, end of story. There is no constitutional reason or support for the SEC or any government agency to supersede that.”

Other billionaires are fighting back.

Politico said, “Since Jarkesy was filed, companies including Meta (Zuckerberg), SpaceX (Musk) and Amazon (Bezos) have escalated it into a broader fight against federal power by suing other agencies over their own courts — a way of fighting unfavorable judgments by attacking the system that delivered it.”

The bureaucracy uses the ALJ system for the sake of convenience. But the Constitution’s sole purpose is to make governing as inconvenient as possible.

Politico said, “Others have fretted that the high court’s ruling could even hit the routine in-house courts of agencies like the Social Security Administration, which employs about 1,200 administrative judges. If not properly tailored, they say, the decision could wind up sending a wave of relatively low-dollar Social Security claims into the already bustling federal courts.”

The Constitution says, “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

20 bucks is 20 bucks.

If the actual judiciary cannot deal with all these cases that is a sign that you have too many laws and too many bureaucratic regulators.

Why do we need an EPA? The air and water have never been cleaner. Why do we have a Department of Education? We flooded the schools with trillions of dollars over the years and the results are worse. Why do we have a Department of Transportation? We built an interstate system before it came along. Under the gay guy, we are destroying parts of it in the name of fighting a racism that no longer exists.

The agency judicial system is corruptible. Nationally, about 54% of appeals of Social Security disability claims denials are reversed in the system.

However, in the early 21st century, in Huntington, West Virginia, if you hired Kentucky attorney Eric C. Conn to appeal, you had a 100% chance of winning. That’s because he kicked back more than $600,000 to ALJ David B. Daugherty. The feds eventually prosecuted and Daugherty got 4 years in prison while Conn received 12 years with another 15 years tacked on for fleeing to Honduras. The story is here.

But David Vladeck, a Georgetown law professor and former head of consumer protection at the Federal Trade Commission in the Obama administration, ominously warned that doing away with the ALJs will spell doom.

Politico reported:

In practice, though, a jury trial might not always be the best option strategically for defendants, said Vladeck — especially those like Jarkesy facing claims of securities fraud.

“Juries hate scam artists,” Vladeck said. “Be careful what you wish for.”

The Constitution hates tyranny and you had best believe the bureaucracy is tyrannical. The USA has so many laws that bureaucrats can pick and choose which laws they want to pick against whom.

If ridding us of this ALJ system overloads the courts and makes enforcement of all these rules impossible, so be it.

As Thomas Jefferson wrote of King George III, “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.”

He and 55 other patriots signed off on that — as part of the Declaration of Independence.

When Harry Browne said, “I want a government small enough to fit inside the Constitution,” he spoke for every single patriot in the country alive today — and all of the dead ones.

https://donsurber.substack.com/p/justices-may-shrink-the-bureaucracy?r=1qo1e&utm_campaign=post&utm_medium=email&triedRedirect=true

21
Politics & Religion / Elite Ways to Launder Funds
« on: May 29, 2024, 03:53:35 PM »
Universities receive public funds, ostensibly for research, that are then retasked for other purposes:

https://www.americanthinker.com/blog/2024/05/how_elite_universities_use_your_money.html

22
32 students in a building that could educate close to 900, staffed by almost 35 employees. Payback for support in the last mayoral campaign. The Chicago Way, sigh.

Austin Berg
@Austin__Berg

You can’t make this up.

A public school in Chicago Mayor Brandon Johnson’s neighborhood will now employ 32 staff members to serve 35 students in a school building originally built for 888 students (96% empty).

This is the result of Johnson’s former employer and top financial backer, the Chicago Teachers Union.

The CTU spent millions of dollars on Johnson’s campaign so that the mayor’s school system would prioritize inputs (tax $ spent, union jobs and CTU dues $ collected) over outcomes (student achievement and financial stability).

A system that only cares about inputs means more money for CTU’s political machine.

And that machine ultimately hurts poor and marginalized families in Chicago.

Here’s one example.

Last year thousands of low-income Chicago Public Schools students were on a waitlist. It was a waitlist for scholarships, funded by private donations, that allowed parents to choose the best school for their child, rather than their zoned public school.

But the Chicago Teachers Union killed that program in Springfield, where they also spend millions on political campaigns.

The CTU said that because the program included a small state tax credit for donating to scholarships, it was stealing money from public schools.

Now the money goes to CTU instead.

https://x.com/Austin__Berg/status/1795609090439147769


23
Politics & Religion / The Value of Classical Studies
« on: May 29, 2024, 02:51:35 PM »
VDH demonstrates that classical studies indeed have value and provide a powerful lens through which the decisions of the day can be evaluated and measured.

Is it any surprise American colleges are deemphasizing those studies?

24
Politics & Religion / Smoking Gun for Covid Clots?
« on: May 28, 2024, 08:25:15 PM »
2nd post. Remember the good old days when you’d be banned from social medial for suggesting Covid caused clots and such? Guess those days are past:

https://scitechdaily.com/scientists-decode-deadly-blood-clot-disorder-triggered-by-covid-vaccines/

25
Politics & Religion / Re: The Politics of Meaning
« on: May 28, 2024, 06:50:45 PM »
Thanks BBG. This resonates with me. They say, politics of meaning. I've been saying, they're stealing our language. Good to see someone on it.

We are such sheep as a people to keep following these people with their nonsense terminology. Good examples in the article. Others: Affordable housing is anything but.  Affordable Care also means subsidies. 'Smart planning', really? Pro-choice means kill someone, but make kids go to the same bad schools?

Gay means happy and rainbow is a real thing, not a symbol.

A flag flying upside down means his wife was in distress, nothing to do with being a traitor.

Election stolen is an opinion, and you can have a different one, but it isn't something "falsely claimed unless you personally tracked every vote  and every tabulation.

And on it goes. Why are they always calling the shots?

Every time I hear the term “inflation reduction act” I want to box the ears of the fool emitting it….

26
Science, Culture, & Humanities / The Implosion of the Paper Mills
« on: May 28, 2024, 06:41:33 PM »
2nd post. There are a fair number of folks writing about paper mills, citation fraud, and related problems in science. Don’t see much about the 800 lbs. gorilla in the room: climate “science,” where IMO the perverse incentive are ever so amplified. As that may be, a well written piece re paper mills and related topics:


Why Scientific Fraud Is Suddenly Everywhere
 Portrait of Kevin T. Dugan

By Kevin T. Dugan, staff writer at Intelligencer, who covers money and business

 Marc Tessier-Lavigne, the president of Stanford University, in Palo Alto, Calif. on May 2, 2022. (Carolyn Fong/The New York Times)
Marc Tessier-Lavigne, who resigned as president of Stanford University in 2023. Photo: Carolyn Fong/The New York Times/Redux

Junk science has been forcing a reckoning among scientific and medical researchers for the past year, leading to thousands of retracted papers. Last year, Stanford president Marc Tessier-Lavigne resigned amid reporting that some of his most high-profile work on Alzheimer’s disease was at best inaccurate. (A probe commissioned by the university’s board of trustees later exonerated him of manipulating the data).

But the problems around credible science appear to be getting worse. Last week, scientific publisher Wiley decided to shutter 19 scientific journals after retracting 11,300 sham papers. There is a large-scale industry of so-called “paper mills” that sell fictive research, sometimes written by artificial intelligence, to researchers who then publish it in peer-reviewed journals — which are sometimes edited by people who had been placed by those sham groups. Among the institutions exposing such practices is Retraction Watch, a 14-year-old organization co-founded by journalists Ivan Oransky and Adam Marcus. I spoke with Oransky about why there has been a surge in fake research and whether fraud accusations against the presidents of Harvard and Stanford are actually good for academia.

Give me a sense of how big a problem these paper mills are.

I’ll start by saying that paper mills are not the problem; they are a symptom of the actual problem. Adam Marcus, my co-founder, had broken a really big and frightening story about a painkiller involving scientific fraud, which led to dozens of retractions. That’s what got us interested in that. There were all these retractions, far more than we thought but far fewer than there are now. Now, they’re hiding in plain sight.

That was 2010. Certainly, AI has accelerated things, but we’ve known about paper mills for a long time. Everybody wanted to pretend all these problems didn’t exist. The problems in scientific literature are long-standing, and they’re an incentive problem. And the metrics that people use to measure research feed a business model — a ravenous sort of insatiable business model. Hindsight is always going to be 20/20, but a lot of people actually were predicting what we’re seeing now.

Regarding your comment that paper mills are symptoms of a larger problem, I read this story in Science and was struck by the drive for credentialing — which gets you better jobs, higher pay, and more prestige. In academia, there aren’t enough jobs; are the hurdles to these jobs impossibly high, especially for people who may be smart but are from China or India and may not have entry into an American or European university?

I actually would go one step higher. When you say there aren’t enough jobs, it’s because we’re training so many Ph.D.’s and convincing them all that the only way to remain a scientist is to stay in academia. It’s not, and that hasn’t been true for a long time. So there’s definitely a supply-and-demand problem, and people are going to compete.

You may recall the story about high-school students who were paying to get medical papers published in order to get into college. That’s the sort of level we’re at now. It’s just pervasive. People are looking only at metrics, not at actual papers. We’re so fixated on metrics because they determine funding for a university based on where it is in the rankings. So it comes from there and then it filters down. What do universities then want? Well, they want to attract people who are likely to publish papers. So how do you decide that? “Oh, you’ve already published some papers, great. We’re gonna bring you in.” And then when you’re there, you’ve got to publish even more.

You’re replacing actual findings and science and methodology and the process with what I would argue are incredibly misleading — even false — metrics. Paper mills are industrializing it. This is like the horse versus the steam engine.

So they’re Moneyballing it.

Absolutely. They’ve Moneyballed it with a caveat: Moneyball sort of worked. The paper mills have metricized it, which is not as sexy to say. If you were to isolate one factor, citations matter the most, and if you look at the ranking systems, it’s all right there. The Times Higher Education world-university rankings, U.S. News — look at whichever you want, and somewhere between like 30 percent and 60 percent of those rankings are based on citations. Citations are so easy to game. So people are setting up citation cartels: “Yes, we will get all of our other clients to cite you, and nobody will notice because we’re doing it in this algorithmic, mixed-up way.” Eventually, people do notice, but it’s the insistence on citations as the coin of the realm that all of this comes from.

Your work gets to the heart of  researchers’ integrity. Do you feel like you’re a pariah in the scientific community?

I’m a volunteer. Adam is paid a very small amount. We use our funding to pay two reporters and then two people work on our database side. We approach these things journalistically; we don’t actually identify the problems ourselves. It’s very, very rare for us to do that. Even when it may appear that way on a superficial read — we’ve broken some stories recently about clear problems in literature — it’s always because a source showed us the way. Sometimes those sources want to be named, sometimes they don’t.

We’ve been doing this for 14 years. There are various ways to look at what the scientific community thinks of us. We’re publishing 100 posts a year about people committing bad behavior and only getting, on average, one cease-and-desist letter a year. We have never been sued, but we do carried defamation insurance. Our work is cited hundreds of times in the scientific literature. I definitely don’t feel like a pariah. Me saying I’m a pariah would be a little bit like, you know, someone whose alleged cancellation has promoted them to the top of Twitter.

People are unhappy that we have do what we do. If you talk to scientists, the things we’re exposing or others are exposing are well known to them. Because of the structures, the hierarchies, and the power differentials in science, it’s very difficult for them as insiders to blow the whistle. There’s a book out by Carl Elliott about whistleblowers, mostly in the sort of more clinical fields. That’s the vulnerable position. That’s where you end up being a pariah even though you should be considered a hero or heroine.

Are some fields better at policing their own research than others?

Yes. Going back to the origin story of Retraction Watch, Adam broke a story about this guy named Scott Reuben, who came from anesthesiology. We have a leaderboard of the people with the most retractions in the world, and at least three out of the top ten right now are anesthesiologists. That is a much higher percentage than one might expect. Some people may say, “Oh, does anesthesiology have a problem?” No, in fact, anesthesiology has been doing something about this arguably longer than any other field has.

What is it about anesthesiology that makes it so anesthesiologists are more willing to scrutinize the work in their own field?

It had a crisis earlier than others, and it’s small. Journal editors are generally considered pretty august personages, leaders in the field. They got together and it was like a collective action by the journal editors when they realized they had problems. I’m not saying anesthesiologists are better, but they’re a more tight-knit community, which I do think is important. The same thing happened in social psychology and in psychology writ large. There’s a higher number than you would expect of people on leaderboards in that field. So it’s a question of, When did they get there, and how did they react to it? There are fields that haven’t actually gotten there, even though it’s been a while. So maybe there are some sociologists who could tell you better than me why that might be the case.

That wasn’t the reason I expected. I thought you would say something along the lines of, well, it’s life or death and anesthesiologists don’t want to see people dying on the table.

If anything, sometimes when the stakes are higher, fields are more resistant.

Geez.

There’s a guy named Ben Mol. Ben is an OB/GYN, and he is a force to be reckoned with. Fascinating character. He’s a pit bull, and he has found tons and tons of problems in the OB/GYN literature. I would characterize the leaders in that field now as still a bit more reluctant to engage with these issues than some of the other fields I mentioned.

Can you tell me how you go about authenticating real language from AI, especially in papers that can be hard to parse and are laden with jargon to begin with?

We rely on experts. We’re not really doing that ourselves. You don’t need to be an expert; you just need to know how to use Ctrl+F if you see certain phrases in a paper. And by the way, a lot of journals are perfectly fine with people using chat GPT and other kinds of AI. It’s just whether you disclose it or not. These are cases where they didn’t disclose it.

With the resignation of Stanford’s and Harvard’s presidents, do you worry about the way the general public has been using these tools?

The fact that they’re giving speeding tickets to certain groups of people doesn’t mean we’re not all speeding. It means they’re getting targeted in, I would argue, an unfair way. We’re in a great reckoning with Harvard’s Claudine Gay being the key example. Former Stanford president Marc Tessier-Lavigne is not an example of that. The targeting is a concern. And clearly, there are false positives. The flip side of this is that AI is being used to find these problems.

https://nymag.com/intelligencer/article/why-scientific-fraud-is-suddenly-everywhere.html

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And those screen will be AI searchable. Some days I’m really freaking glad I’m an Apple products user:

https://chiefio.wordpress.com/2024/05/27/oh-gawd-windoze-11-to-record-all-your-screens-are-belong-to-us/

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Science, Culture, & Humanities / Hottest Summah Evah
« on: May 28, 2024, 05:34:42 PM »
Steve McIntyre is one of the gents that backward engineered the source code for the fallacious “Hockey Stick” foolishness purveyed by Michael Mann. Here he also takes apart the current “hottest summer” handwringing. Piece is graphics heavy so only the conclusion is posted below:

Conclusion

Whether or not the comparison of an observed temperature point to the confidence envelope of a reconstruction to draw conclusions about “warmest year in 1000 years” was precisely what either Mann or Jones defined as “Mike’s Nature trick”, it can be fairly described as a trick (sensu mathematics), whereas plotting an estimate and observed on same figure is so commonplace and trivial that it cannot reasonably be described as a trick (sensu mathematics.)

In that spirit, I think that it is fair to describe “Mike’s Nature trick” (and the similar trick employed by Esper et al 2024) as a confidence trick.  In the mathematical sense, of course.

As a caveat, readers should note that the question of whether tree rings (ancient or otherwise) show that 2023 (1998) was the warmest summer (year) in 1000 or 2000 years is a different question than whether 2023 was the warmest summer in 1000 years.  My elevator take is

that 20th and 21st century warming are both very real, but that the 19th century was probably the coldest century since the Last Glacial Maximum and that the warming since the 19th century has been highly beneficial for our societies – a view that was postulated in the 1930s by Guy Callendar, one of the canonical climate heroes;

per Esper et al 2012, given the failure of tree ring chronologies to reflect major millennial-scale changes in summer insolation and temperature, what possible reliance can be attached to pseudo-confidence intervals attached to 2000-year tree ring chronologies in Esper et al 2024 (or any other tree ring chronologies)

in addition, we know that there is global-scale “greening” of the planet over the past 30-40 years that has been convincingly attributed to enhanced growth due to fertilization by higher CO2 levels. So, in addition to all other issues related to tree ring chronologies, it is necessary to disaggregate the contribution of CO2 fertilization from the contribution of increased warming – an effort not made by Esper et al 2024 (or its references.)

In a follow-up article, I will examine details of the Esper et al 2024 reconstruction, which, among other interesting features, connect back to Graybill bristlecone sites and the Briffa sites under discussion in the period leading up to the Climategate emails.

https://climateaudit.org/2024/05/24/jan-and-ulfs-nature-trick-the-hottest-summer-in-2000-years/

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2nd post. LawDog is a well regarded former LEO, publisher, and to my mind something of a renaissance man. To his list of abject doomstruck prophecy failures I’d add “peak oil,” “silent spring,” and of course everything associated with the Church of Anthropomorphic Climate Apocalypse:

BECAUSE WE’RE HERE, LAD
26 MAY 2024 LAWDOG 11 COMMENTS
In the classic 1964 film ‘Zulu’, there is a quietly moving scene where a junior soldier, realizing what is coming for them, plaintively asks, “Why is it us? Why us?”

Colour-Sergeant Bourne, ever-stoic, simply replies: “Because we’re here, lad. Nobody else. Just us.”

Rita is fond of quoting one of my own aphorisms back at me:
“Things never turn out as good as the optimists hope, nor as bad as the pessimists say.”

These two quotes are oft on my mind these days.

I tire of the doomsayers; of the “black-pilled” “prophets” who have been wrong at every historical and political turn in my lifetime, yet whom do not allow their past total abject failures at soothsaying deter them from once more forecasting of  Doom! And Gloom!

“Worst economy EVAH!” Well, it’s not good, but does no-one else remember stagflation in the 1970s?

“Worst political climate EVAH!” Not happy about it, but the America of the 1860s would like to have a word.

“World turmoil!” Yeah, that’s what the world does. Anyone else remember those decades where we were all going to die in atomic hellfire, with the few survivors being chased through a nuclear winter by mutant cockroaches the size of Volkswagen Beetles?

“Waaa-aaar!” I was raised in Africa. I have yet to see a decade, hell, a year, in which the Red Horseman isn’t plying his trade on at least one continent somewhere. I was a soldier during the era of Ronald Reagan, whose brash braggadocio and jingoistic rhetoric were “sure to start World War 3”; and I understood — and accepted — that my fate was to be a speed-bump, to die slowing down Soviet tank columns long enough to allow the Abrams crews to wake up.

Yet … here we are.

Remember the folks who wrote giant walls of text about how aeroplanes were going to fall out of the sky, cities would go dark, and the Internet crash, leaving all of us at the mercy of warlords ruling a post-Y2K apocalypse? Does anyone actually remember Y2K these days?

Remember That Guy who talked your ear off about how Carter, err — Clinton, err — Obama was going to declare martial law so he could stay in office after his mandated terms were up? (Insert Reagan, Bush, Bush, Trump for the other side of politics.) And — so far — wrong every time.

And probably the same guy who has a quick-draw dissertation on how — via some United Nations shenanigans and a convenient spouse or family member — the same aim would be achieved. And how many decades has that one come up wrong?

Sigh.

Are things great?

Oh, I didn’t say that. Politicians are lying, self-serving bags of o-rings, morally bankrupt; and greedy beyond any fevered dream of Mammon could have hoped for.

But … is anyone actually surprised by this?

The media are hypocrites, who dissemble with pious expressions or noble brow, all the while shrouded in cloaks of sanctimony and mendacity; safe and happy in the knowledge that they will never be held to any sort of account for their lies, perfidies, and libels.

No, you don’t hate journalists enough. You think you do, but you don’t.

Again, though:  Is anyone actually surprised that the Legacy Media has returned to their roots with William Randolph Hearst and Yellow Journalism? Were they ever actually that noble, or are we looking back through rose-coloured lenses at a carefully-curated image?

I realize that the afore-mentioned media has a vested financial and political interest in keeping the very worst of news up under your hat with you; that their profit margins require that they keep smacking us in the face in a 24-hour cycle of doom, gloom, and despair …

… But we don’t have to listen. We don’t have to watch.

I understand that social media has a vested financial and political interest in bringing the absolute worst that we as a species do on the regular as a barrage into our phones, and computers, and homes …

… But we don’t have to access social media.

Are things right now as good as the optimists claim? Hell, no. Are things as bad as the pessimists are dooming about? Also, hell, no.

Is it comfortable, nay, reassuring to be alive during this time? No. God, no.

But we’re here. Nobody else. Just us. And we can weather Teh Stupid that pretty much is the Sum Total of Human Existence (just writ large on Social Media and a 24-hour news cycle) with calm, confidence in our neighbors, and honest preparedness …

… Or we can run around with our hair on fire, listening to every kook who hasn’t been correct since Christ was a corporal, spewing panic, and just generally making things worse (as well as looking like a complete oik, historically)*.

I know which path I’m going to take. I invite you to take the same one.

LawDog

*Having seen how fast the average person panicked during the Recent Covid Unpleasantness™, I have my doubts, but I’m trying to  not to be a doomer here. Give me a break.

https://thelawdogfiles.com/2024/05/because-were-here-lad.html?utm_source=rss&utm_medium=rss&utm_campaign=because-were-here-lad

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Piece focuses on sunscreen, but touches on others:

Deadly Precaution
Marginal Revolution / by Alex Tabarrok / May 28, 2024 at 7:26 AM
MSNBC asked me to put together my thoughts on the FDA and sunscreen. I think the piece came out very well. Here are some key grafs:

…In the European Union, sunscreens are regulated as cosmetics, which means greater flexibility in approving active ingredients. In the U.S., sunscreens are regulated as drugs, which means getting new ingredients approved is an expensive and time-consuming process. Because they’re treated as cosmetics, European-made sunscreens can draw on a wider variety of ingredients that protect better and are also less oily, less chalky and last longer. Does the FDA’s lengthier and more demanding approval process mean U.S. sunscreens are safer than their European counterparts? Not at all. In fact, American sunscreens may be less safe.

Sunscreens protect by blocking ultraviolet rays from penetrating the skin. Ultraviolet B (UVB) rays, with their shorter wavelength, primarily affect the outer skin layer and are the main cause of sunburn. In contrast, ultraviolet A (UVA) rays have a longer wavelength, penetrate more deeply into the skin and contribute to wrinkling, aging and the development of melanoma, the deadliest form of skin cancer. In many ways, UVA rays are more dangerous than UVB rays because they are more insidious. UVB rays hit when the sun is bright, and because they burn they come with a natural warning. UVA rays, though, can pass through clouds and cause skin cancer without generating obvious skin damage.

The problem is that American sunscreens work better against UVB rays than against the more dangerous UVA rays. That is, they’re better at preventing sunburn than skin cancer. In fact, many U.S. sunscreens would fail European standards for UVA protection. Precisely because European sunscreens can draw on more ingredients, they can protect better against UVA rays. Thus, instead of being safer, U.S. sunscreens may be riskier.

Most op-eds on the sunscreen issue stop there but I like to put sunscreen delay into a larger context:

Dangerous precaution should be a familiar story. During the Covid pandemic, Europe approved rapid-antigen tests much more quickly than the U.S. did. As a result, the U.S. floundered for months while infected people unknowingly spread disease. By one careful estimate, over 100,000 lives could have been saved had rapid tests been available in the U.S. sooner.

I also discuss cough medicine in the op-ed and, of course, I propose a solution:

If a medical drug or device has been approved by another developed country, a country that the World Health Organization recognizes as a stringent regulatory authority, then it ought to be fast-tracked for approval in the U.S…Americans traveling in Europe do not hesitate to use European sunscreens, rapid tests or cough medicine, because they know the European Medicines Agency is a careful regulator, at least on par with the FDA. But if Americans in Europe don’t hesitate to use European-approved pharmaceuticals, then why are these same pharmaceuticals banned for Americans in America?

Peer approval is working in other regulatory fields. A German driver’s license, for example, is recognized as legitimate — i.e., there’s no need to take another driving test — in most U.S. states and vice versa. And the FDA does recognize some peers. When it comes to food regulation, for example, the FDA recognizes the Canadian Food Inspection Agency as a peer. Peer approval means that food imports from and exports to Canada can be sped through regulatory paperwork, bringing benefits to both Canadians and Americans.

In short, the FDA’s overly cautious approach on sunscreens is a lesson in how precaution can be dangerous. By adopting a peer-approval system, we can prevent deadly delays and provide Americans with better sunscreens, effective rapid tests and superior cold medicines. This approach, supported by both sides of the political aisle, can modernize our regulations and ensure that Americans have timely access to the best health products. It’s time to move forward and turn caution into action for the sake of public health and for less risky time in the sun.

https://marginalrevolution.com/marginalrevolution/2024/05/deadly-precaution.html?utm_source=rss&utm_medium=rss&utm_campaign=deadly-precaution

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Politics & Religion / Fauci Addresses Columbia Med Students
« on: May 28, 2024, 04:55:27 PM »
Gawd, the thought of this trafficker in serial falsehoods impacting the lives of hundreds of millions or more addressing future MDs is galling in the extreme:

Anthony Fauci Tells Columbia Medical Students to Lie Just Like Him
They would do better to follow the rule of “first do no harm.”
May 28, 2024
By K. LLOYD BILLINGSLEY
NIAID / Flickr
Also published in The American Spectator Fri. May 24, 2024
Speeches by Joe Biden and Kansas City Chiefs kicker Harrison Butker gained widespread media coverage. On the other hand, the speech given last week by Dr. Anthony Fauci at Columbia University failed to get the attention it deserved.

Fauci spoke of “egregious distortions of reality” and told the students: “Sadly, elements of our society are driven by a cacophony of falsehoods, lies, and conspiracy theories that get repeated often enough that after a while, they stand largely unchallenged, ominously leading to an insidious acceptance of what I call ‘the normalization of untruth.’ ... And we as much or more than anyone else need to push back on these distortions of truth and reality.” Critics were quick to push back.

“Everything he just accused all of us of is the stuff that he and his cadre of lunatics have been doing,” said Dave Rubin of The Rubin Report. Fauci, longtime head of the National Institute of Allergy and Infectious Diseases (NIAID), maintained that he had not funded the Wuhan Institute of Virology (WIV) to perform dangerous gain-of-function research. On May 16, the day after Fauci’s speech, Lawrence Tabak, former acting director of the National Institutes of Health (NIH), testified that NIAID did indeed fund gain-of-function research at the WIV through the EcoHealth Alliance.

Sen. Rand Paul, a medical doctor and author of Deception: The Great Covid Cover-up, accused Fauci of lying to Congress about that funding. That didn’t come up in Fauci’s speech, and neither did the 6-foot social distancing rule, which Fauci now acknowledges “just sort of appeared,” without any scientific basis. Also missing was Fauci’s claim to represent science, and the former NIAID boss left out details that would have been of particular interest to his audience, the students of Columbia’s Vagelos College of Physicians and Surgeons.

Born in 1940, Anthony Fauci graduated from the College of the Holy Cross in 1962. In 1966, Fauci earned a medical degree from Cornell University, but he didn’t practice medicine for long. The government was then drafting physicians to treat wounded American soldiers in Vietnam, but the Cornell MD opted for a different path.

In 1968, Dr. Fauci took a cushy “yellow beret” job with the NIH and decided to stay. In 1984, the NIH made Fauci head of NIAID, and, for some medical scientists, that was a problem. Fauci had obtained no advanced degrees in molecular biology or biochemistry. Kary Mullis, who had a Ph.D. in biochemistry from the University of California, Berkeley, and won a Nobel Prize for “his invention of the polymerase chain reaction (PCR) method,” considered Fauci unqualified for the NIAID job.

“This man thinks you can take a blood sample and stick it in an electron microscope and if it’s got a virus in there, you will know it,” Mullis said. “He doesn’t understand electron microscopy and he doesn’t understand medicine. He should not be in a position like he’s in.” But he was—and with serious consequences for AIDS patients.

Fauci’s preferred cure was AZT, also known as azidothymidine and Zidovudine. The highly toxic drug failed to prevent or cure AIDS, but Fauci inflicted the drug on foster children in New York City, with disastrous results. He also branded critics “AIDS deniers,” a tactic he would repeat during the pandemic.

Instead of debating critics such as the scientists of the Great Barrington Declaration—most if not all of whom are more qualified than himself—Fauci branded them conspiracy theorists, fringe epidemiologists, and so forth. As with AZT, the COVID vaccines failed to prevent infection or transmission, but Fauci recommended them even for children, the least vulnerable group.

This is what happens when a medical doctor opts for a career as a government bureaucrat and remains in power for decades with no accountability. The Columbia students would do better to ignore Fauci, become practicing physicians and surgeons, and follow the rule of “first do no harm.” More doctors and fewer government bureaucrats should be the rule moving forward.

https://www.independent.org/news/article.asp?id=14940

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Education savings accounts are also considered, with links to source data. Graph heavy so only link below:

https://www.downsizinggovernment.org/fiscal-effects-school-choice

33
The $25/hr chickens come home to roost in CA. WSJ editorial:

California’s $25-an-Hour Minimum-Wage Boomerang
Gov. Newsom now says the law he signed last October would add to the state’s fiscal woes. He ignored warnings at the time.

Progressives in Sacramento rarely think twice before burdening businesses. But lo and behold, they are having second thoughts about California’s new $25-an-hour minimum wage for healthcare workers. Why? Because its burdensome budget costs are threatening liberal programs.

California’s Democratic Legislature is scrambling this week to delay the state’s higher healthcare minimum wage, which is scheduled to take effect on June 1. It’s not uncommon for politicians to reverse themselves, but California Gov. Gavin Newsom is walking back a law that he signed only last October. What’s changed?

The state’s budget deficit has ballooned to $45 billion. Mr. Newsom projects that the new healthcare minimum wage would cost the state $4 billion more a year owing to higher Medicaid costs and compensation for workers at state-owned facilities. Legislative analyses warned about these costs, but Mr. Newsom signed the law anyway.

Thus the minimum wage for healthcare workers is set to rise to between $18 and $23 an hour this Saturday, depending on the type and size of healthcare provider. California’s current minimum wage for all workers is $16 an hour. Nearly all workers at healthcare facilities including janitors will have to be paid at least $25 an hour by 2028.

Democrats shrugged when healthcare providers warned that the wage mandate could force cuts to patient services. Who cares if Californians wait longer before being seen at the ER? But now Democrats worry that the state’s higher health costs could force bigger government spending cuts. Oh no. Californians may have to wait even longer for their bullet train to nowhere.

Mr. Newsom is proposing to tie health worker minimum-wage increases to the state’s general fund revenue and to exempt state facilities. But once capital-gains revenue picks up again, California’s private healthcare providers will be stuck paying for the wage mandate, which they will ultimately pass on to patients. Far better to repeal the $25 wage minimum en toto.

As usual, Democrats don’t want to eat their own lousy cooking. Gov. Newsom this spring also signed legislation to carve out fast-food restaurants on government property from California’s new $20-an-hour fast-food minimum wage, which kicked in last month. Democrats don’t want the mandate interfering with government concession licenses.

California’s wage minimums are another illustration of how progressive mandates boomerang. Average weekly earnings for leisure and hospitality employees in California have declined by 2.6% over the last year owing to a steep drop in hours worked. By contrast, those average weekly earnings rose 3% nationwide, 3.2% in Florida and 5.2% in Texas.
````````
Average hourly earnings for California leisure and hospitality workers have also increased more slowly—2.1% compared to 3.8% nationwide—no doubt partly because the state’s softer labor market has reduced competition for workers.

When government raises wages above what the market commands, employers will increase prices and reduce labor. California, QED.

https://apple.news/A5Ap8FcbLSa6ci4OIWLpiGQ

34
Politics & Religion / The Politics of Meaning
« on: May 28, 2024, 03:38:02 PM »
I find this post interesting. Not only is there a lot of gamesmanship (‘scuse me “Progressives,” gamesfeatherlessbipedofallpossibleclaimedgendersship) but often it seems there is a race to be the first to assign a negative connotation to a meaning. Strikes me that this might rise to the level of being inducted into the fallacy of argument hall of fame:

Our Strange Politics of Meaning Assignment
The Volokh Conspiracy / by Orin S. Kerr / May 27, 2024 at 9:40 PM
[A thought.]

Recent stories about flags at the residence and vacation home of Justice Alito and his family remind me of something broader I'd been meaning to blog about: It's depressing, in our era of polarized politics, how much political attention focuses on interpreting the meaning of phrases and symbols that the other side uses.

The Alito flags raise one recent example, but I see this as a recurring dynamic. What does "from the river to the sea" mean? What is "critical race theory"? What does "all lives matter" mean? A surprising amount of politics ends up being channeled through contested meanings of used phrases and symbols.

I'm sure there's an academic phrase that already describes this.  But in the absence of knowing it, I will call this the strange politics of meaning assignment.  Here's the idea.  In a polarized political environment with little communication between the two sides, you can easily rile up your side by providing an uncharitable interpretation to the other side's symbols or phrases. This is what that means, you announce. Now you can see the real them. Finally, they are saying the quiet part out loud. This is who they are.

Sometimes that assigned meaning is correct, and being uncharitable is just being accurate.  In that case, fair enough. But, often enough to matter, meaning might be contested. A particular symbol or phrase may have different meanings to different people.  A particular use may be innocuous or in a context where the meaning is uncertain.  In that setting, assignment of meaning can cause a lot of trouble.  It can effectively create a meaning that isn't what those who use that symbol or phrase mean.

I have no personal knowledge of what particular flags mean, so I have no idea to what extent the Alito flag stories reflect this dynamic.  But it seems to me that a lot of attention in our politics raises this concern. A phrase or symbol is noted; someone on the other side will declare that this is what it means; and off the two sides go, with completely different understandings of the facts because they have assigned different meanings to symbols or phrases.

None of this is to doubt that there are real differences in political opinions, or that some symbols and phrases are profoundly disturbing.  But I wonder if something is lost when we focus on the symbols and phrases rather than try to address the underlying disagreements directly.

https://reason.com/volokh/2024/05/27/our-strange-politics-of-meaning-assignment/

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Politics & Religion / Reason Piece on Old Gray Hag Piece on Dobbs
« on: May 28, 2024, 03:15:58 PM »
It appears the NYT had a big piece on Dobbs. Never heard of Tseytlin; seems like someone to watch (wonder if he’s in the lawfare crosshairs):

The Origin Story Of Dobbs
The Volokh Conspiracy / by Josh Blackman / May 28, 2024 at 4:56 PM
[A deep dive into how Dobbs came to be.]

The New York Times Magazine published a deep dive into the origin story of Dobbs. It covers a lot of ground, and based on my own recollection, it is fairly accurate. Here, I'd like to highlight a few items.

A lead protagonist in the story is former Wisconsin SG Misha Tseytlin. Misha may not be a household name, but he has been extremely influential over the years. For example, he was the brainchild behind the Obamacare challenge that became known as California v. Texas.(See profiles from the Houston Chronicle and Vox.) Earlier, at the West Virginia's Attorney General's Office, Misha helped develop some other influential cases that did not get as much press. More recently, Misha played an important role in the road to Dobbs. Shortly after the 2016 election, Misha began to develop an idea to target Roe: states should pass a fifteen-week abortion ban. This approach would allow the Court to eliminate the "viability" line, but would not require the Court to overrule Roe and Casey.

Now Tseytlin posed a theoretical question, according to people familiar with the discussion: What would happen if a state tried to pass an abortion limit at, say, 15 weeks? A slightly earlier restriction could force the court to examine the viability rule — and shake the very foundations of Roe. Could they push the number of weeks back just to the point at which their opponents would challenge it?

Tseytlin had a hard time believing that Chief Justice John G. Roberts Jr. or Kennedy, who had come to inhabit a role as the court's swing vote, would strike down a ban that was just a few weeks earlier than 20. Many restrictions in Europe were drawn at 12 or 15 weeks.

Remember, at this point Justice Kennedy was still the fifth vote, so this incremental strategy had some value. But after Justice Barrett's confirmation in October 2020, the strategy shifted.

The article relays an internal debate about how to proceed: should Mississippi simply ask the Court to jettison the "viability" line, or should the state go all in to ask the Court to overrule Roe and Casey. I remember this debate well. Indeed, my widely-read post on the 2021 Federalist Society National Lawyer's Convention reflected this disagreement. The old guard, broadly defined, did not want to push the "overrule" Roe argument. The younger generation, broadly defined, thought this was the moment for change. Scott Stewart, the Mississippi SG, was talkin' bout my generation.

Stewart had to decide on a strategy. Fitch's petition for certiorari focused on upholding the Mississippi law and mentioned the possibility of overturning Roe only in a footnote: "If the Court determines that it cannot reconcile Roe and Casey with other precedents or scientific advancements showing a compelling state interest in fetal life far earlier in pregnancy than those cases contemplate, the Court should not retain erroneous precedent."

Stewart knew that a lot of lawyers would encourage him to continue down that easier path, to simply argue that Mississippi's law should be upheld. To not push for the complete overturn of Roe but to chip away — as the movement had for so many decades — and get the court to undo the viability standard. But for Stewart, these circumstances were different from those in the past. Trump had pushed their cause from the biggest bully pulpit in the land. Conservatives now had a majority on the court that seemed to be on their side.

It was not a moment for compromise, Stewart reasoned, according to people familiar with his thinking. It was a lesson he had learned from Thomas, his former boss and mentor, who was known to hold the line without deviation. He would be steadfast: Roe and Casey were wrong and must be reversed.

Even after Dobbs were argued, FedSoc lawyers over the age of fifty continuously fretted about the decision to push the Court to overrule Roe. I think it was some sort of collective PTSD from Bork, Casey, Harriet Miers, NFIB v. Sebelius, and more. They worried, correctly, about the aftermath of overruling Roe. In hindsight, Dobbs has been a political disaster for Republicans nationwide. But again, their concerns were pragmatic, and not legal. The yutes, as Joe Pesci would say, were content to let the heavens fall so justice could be done. Fiat justitia ruat caelum. And fall they did.

Finally, the articles identifies a list of cases that are primed for overruling: Employment Division v. Smith, CLS v. Martinez, and Troxel v. Granville. Seems like a good list!

https://reason.com/volokh/2024/05/28/the-origin-story-of-dobbs/

37
Politics & Religion / Pier-Less Biden Effort
« on: May 28, 2024, 03:05:31 PM »
So … the Gaza pier has fallen apart, US troops have been injured, one critically, little aid was delivered and what was appears to have fallen into Hamas hands. FTA:

This old operational planner has one bit of advice to Congress in their role of having oversight of the Executive Branch; subpoena the Decision Brief for the Gaza pier operation.

This was on the lowest of low scale of military operations, Humanitarian Assistance/Disaster Response. There is little to nothing classified about any of this rump of a capability. Call in member of the Joint Staff who were involved in this planning – and I would prefer if you could find a few terminal O5/6 to testify as well. You might actually enjoy some candor.

The Commander’s Intent, the Higher Direction and Guidance, the Planning Assumptions, the Constraints and Restraints, the Critical Vulnerability analysis, etc. It is all there. If not, the Chairman of the Joint Chiefs of Staff and the Secretary of Defense should tell the American people to their face.

This is a larger issue than anything happening in that impossible corner of the globe. Over the weekend, we saw yet more indications of an empire in decline deteriorating from bad to pathetic.

From the time the first load came off the pier, the aid barely made it past 300 meters until it disappeared into Hamasistan.

https://legalinsurrection.com/2024/05/bidens-gaza-pier-to-nowhere-a-disaster-and-national-embarrassment-breaks-apart/?utm_source=rss&utm_medium=rss&utm_campaign=bidens-gaza-pier-to-nowhere-a-disaster-and-national-embarrassment-breaks-apart

38
Politics & Religion / The BATFE Deserves a Spot in this Thread, Too
« on: May 28, 2024, 02:55:36 PM »
ATF’s head dodges and weaves while grilled about various awful ATF policies and operations:

Hard Questions, But Few Clear Answers as Congress Probes ATF Tactics and Overreach
TUESDAY, MAY 28, 2024 Hard Questions, But Few Clear Answers as Congress Probes ATF Tactics and Overreach
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) suffered two bruising days on Capitol Hill last week during oversight hearings attempting to get to the bottom of a fatal raid and other recent enforcement overreaches involving peaceable Americans. Many hard questions were asked but few clear answers emerged, as ATF and its apologists insisted the agency remained committed to public safety, while invoking pending investigations and lawsuits as a means of avoiding detailed responses. At the very least, the hearings made it unmistakably clear that ATF has a lot to answer for to regain the trust of pro-gun lawmakers and the gun-owning American public.

On Wednesday, the House Select Subcommittee on the Weaponization of the Federal Government held a hearing on a March 19 raid on the home of Bryan Malinowski in Little Rock, AR, that resulted in one ATF agent being shot and Malinowski himself being killed. The SWAT-style operation to execute a search warrant featured 10 carloads of ATF agents and local officers who descended on Malinowski’s residence an hour before dawn, killed power to the home, covered up a security camera on Malinowski’s front porch, and broke in through the locked front door. Contrary to the established policies of the ATF and Little Rock Police Department, none of those conducting the raid was wearing a body camera to record what happened next.

The star witness at the hearing was Bud Cummins, a former U.S. attorney and the lawyer now representing Malinowski’s family and widow, Maer Malinowski. Cummins recounted how the racket of agents “caving in the door” awakened the frightened couple, leading Bryan to arm himself with a handgun and investigate. Maer followed her husband as he confronted a group of shadowy figures entering the darkened home. Cummins said Malinowski fired at their legs to drive them back out of the house, believing them to be home invaders. An agent was struck in the foot, and the entry team returned fire, shooting Malinowski in the forehead as his bewildered wife looked on in horror.

Cummins testified that only 57 seconds elapsed between the time an agent was seen on video covering up the security camera to when Malinowski was fatally shot. This meant, he said, the operation was a no-knock entry in fact, if not on paper, as Malinowski did not have time to appreciate what was happening before he reacted. Cummins noted that Malinowki’s frantic wife, not accused of any crime, was locked in the back of a police vehicle for four hours in the 34 degree morning air, wearing only a thin nightgown. She was not allowed to check on her husband or even to use the bathroom. When she finally persuaded agents to let her use the bathroom, she was taken to local firehouse, paraded before the firemen in her nightgown, and forced to relieve herself in the presence of a female officer.

The raid to execute the search warrant came after a months-long investigation in which ATF agents came to believe Malinowski was dealing in firearms without a license. Significantly, it occurred exactly one month before ATF published its controversial rule, “Definition of ‘Engaged in the Business’ as a Dealer in Firearms.” That rule was supposedly prompted by the Bipartisan Safer Communities Act of 2022, which changed the statutory definition of a “dealer” in firearms to focus on the intent to earn a profit, rather than to earn a livelihood. Proponents of the change said it merely codified case law, making clear that a person could be considered a “dealer in firearms,” even if the person had another full-time job or career.

Yet ATF treated the change as an opportunity for a sweeping expansion of the dealer licensing requirement, with a serious of presumptions about what sort of behaviors triggered the requirement or its requisite intent. ATF in particular focused on advertising sales via the Internet and selling at gun shows, circumstances that would have explicitly required a license in the failed Manchin-Toomey legislation the Obama/Biden administration pursued in 2013. Ironically, mere days before the hearing, a federal district judge in Texas temporarily enjoined enforcement of the ATF’s rule against a broad class of plaintiffs after finding the terms of the rule likely violated ATF’s authority.

An affidavit in support of the search warrant application for Malinowski’s home detailed many of the government’s accusations against him. These included that he bought some 147 guns over a three-year period, that he resold an unknown number of them, and that nine subsequently wound up at the scenes of crimes or in the possession of prohibited people (including at least three undercover informants). None of the guns, however, was said to have been used against a person in a crime of violence. It is striking how many of the circumstances mentioned in the affidavit that caused the government to scrutinize Malinowski would later end up as presumptions in the regulation a federal judge has already ruled is likely illegal.

The testimony of Bud Cummins emphasized that Malinowski had no criminal history and a lucrative, high-paying job as the director of the Bill and Hillary Clinton National Airport in Little Rock that he would not have knowingly jeopardized with illegal activity. Cummins described Malinowski as an avid collector and hobbyist, of coins as well as firearms. He said Malinowski sold both of these things at gun shows, as the text of federal statute says he had a right to do to enhance his personal collection. Cummins said the government could have resolved the matter without the escalations that led to the eventual exchange of gunfire, including by simply serving Malinowski with a cease and desist letter. Even in the context of a criminal investigation, Cummins testified, the ATF’s tactics were unnecessarily aggressive, ignored less risky alternatives, and lacked indicia of transparency.

The day after the subcommittee’s hearing, ATF Director Steven Dettelbach appeared before the full House Judiciary Committee for an oversight hearing. Malinwoski’s widow attended both hearings. Pro-gun members grilled the director on the Malinowski case, which he claimed was only one of thousands of ATF operations he was only vaguely aware of before the fact. Dettelbach deflected any attempt to elicit explanations for the ATF’s conduct by insisting the matter was under “independent” investigation by the Arkansas State Police and therefore Justice Department policy prohibited him from discussing it. In general terms, he emphasized the dangerousness of ATF’s work and the necessity of deferring to the operational decisions of “professionals” in the field. He also blamed ATF’s lack of compliance with policies requiring body cameras, as a general matter, on budgetary constraints.

Dettelbach additionally refused to comment upon or explain the details of various controversial ATF rules, on the bases that the rules spoke for themselves, and ATF’s defense of them was well-documented in the many legal cases challenging them in various courts. He claimed his attempts to summarize, elaborate, or defend any of the rules could adversely affect those proceedings.

Pro-gun members of the committee treated these excuses as a cop-out and vainly tried to elicit more specifics from Dettelbach. Anti-gun committee members tried to portray the pro-gun members as hypocrites for wanting to cut ATF funding, while claiming support for law enforcement, and emphasized the supposed importance of ATF’s collaboration with state and local police in the enforcement of gun control laws. Some tried to paint the Malinowski case as a typical and justified law enforcement investigation, while others admitted concern about its tactics but criticized pro-gun committee members for ignoring similar cases involving minority defendants.

When the smoke cleared, Americans had few answers about the concerns expressed in the hearings, and no clear sense of how much knowledge or involvement Dettelbach himself has in the workings of the agency he directs. Overall, however, he appeared more as the agency’s cheerleader than its operational leader.

Yet enough was said to put Americans who believe in the right to keep and bear arms on notice that the Biden administration is using ATF to pursue its anti-gun political agenda, and not just to impartially enforce the law against violent criminals or those who intentionally flout the law. Hearings are useful to illustrate the problems, but the only solutions are to be found at the ballot box.

https://www.nraila.org/articles/20240528/hard-questions-but-few-clear-answers-as-congress-probes-atf-tactics-and-overreach


39
Science, Culture, & Humanities / Blind Climber Bags a 5.10
« on: May 28, 2024, 02:44:45 PM »
Though I tend to disdain climbers as more ego based then engaging in any sort of practical pursuit, getting up a 5.10 blind would take a serious set of stones. Several lead falls? No thanks….

Blind Climber Completes Historic Trad Ascent on Devils Tower
GearJunkie.com - Outdoor Gear Reviews / by Seiji Ishii / May 28, 2024 at 4:01 PM
(Photo/Montane)

“El Matador” is a 5.10d classic endurance stemming route on Devils Tower. Many trad climbers find it challenging, but imagine if you headed up without using your eyes. British climber Jesse Dufton did just that last week, recording the first blind trad lead on the iconic formation.

Dufton led all the hard pitches, placing his own gear, and he took several leader falls on his way to the summit. Placing the optimal piece of gear, correctly sized and secure, is hard enough with vision. Astonishingly, Dufton does this “in the dark.”

Jesse Dufton Climbing History

Dufton has retinitis pigmentosa, a degenerative disease that has rendered him completely blind. Dufton was born with only 20% central vision, no peripheral vision, and several blind spots. The genetic condition progressively broke down his retinas’ cells, and by age 20, Dufton could no longer read. By 30, his vision was limited to only light perception with a 1-2% field of view.

Dufton has been a climber his whole life and has progressed despite losing sight. He trains for World Cup events and leads on gear. And throughout, he has had a great partner.

His wife and sight guide, Molly, supports him on climbs, verbally relaying information and “lending her eyes,” as Dufton calls it. She aids in route finding, foot and hand placements, and gear choices. But Dufton is leading, and Molly cannot always see him. Once Jesse Dufton crosses this threshold, he climbs blind without assistance.

Blind climber Jesse Dufton and sight guide and wife Molly.
Jesse Dufton and wife and sight guide, Molly; (photo/Montane)
Dufton gained notoriety in the climbing world partially through a multi-award-winning documentary titled Climbing Blind, which covered his attempt to become the first blind person to make a “non-sight” lead of Old Man of Hoy, an iconic sea stack in Scotland.

The same filmmaker who created Climbing Blind, Alastair Lee, documented Dufton’s ascent on Devils Tower.

‘El Matador’ on Devils Tower

Blind climber Jesse Dufton on "El Matador" 10d on Devils Tower
Blind climber Jesse Dufton leading up ‘El Matador’ 5.10d on Devils Tower, Wyo.; (photo/Montane)
“El Matador” is five pitches and 250 feet tall and was first aid climbed by the iconic Fred Becky and partner Eric Bjornstad in 1967. Free climbing it as Dufton did requires formidable endurance and pain tolerance, and loose blocks and rocks up high demand attention to ensure safety. Most climbers do the first two pitches and bail to avoid this danger.

Dufton would have none of this, and he completed the entire route in partnership with his wife. “El Matador is, without question, the hardest trad route I’ve attempted to date. Nothing I’ve done so far is quite like it; the stem box is unrelenting. I don’t know how long I was in there, but it felt like an eternity.”

Local guide Zach Lentsch of Wyoming Mountain Guides added, “Single-handedly the most impressive feat in climbing I’ve witnessed.”

Filmmaker Lee said it was “some of the most frightening and compelling footage I have ever captured. I cannot imagine how hard that must have been without the use of your eyes; leader falls on your own gear are scary at the best of times. What an absolute lesson in guts and tenacity that was.”

Dufton, Molly, and filmmaker Lee on the summit of Devils Tower
Molly, Dufton, and Lee on the summit of Devils Tower; (photo/Montane)
Finally, itinerant climber and frequent GearJunkie and ExplorersWeb contributor Sam Anderson commented, “Climbing El Matador is a full sensory demand. It’s longer and more technical than it looks, and there are decisions I don’t know how a non-sighted person could make. What’s hardest to wrap my brain around about Jesse’s ascent is how he would have decided when to transfer from stemming to jamming — if you get starfished below the top out ledge, you’re hosed!”

Find out more about Jesse Dufton at his website, and make sure to catch the documentary about this incredible achievement during the upcoming Brit Rock Film Tour.

https://gearjunkie.com/climbing/blind-climber-first-trad-ascent-devils-tower

40
Politics & Religion / Because they Can….
« on: May 28, 2024, 02:34:35 PM »
This piece minds me of an old joke:

Q: Why do dogs lick their balls?

A: Because they can.

The same applies to “Progressive” lies.

BTW, the reason I use scare quotes whenever typing  the term “Progressive” is because they are not; they are instead regressive. Much like the term the Bolsheviks usurped the Russian term for “majority” when in fact they were in the minority as the Mensheviks, based on the term “minority” were in fact the majority revolutionary faction. The choice was quite intentional where Lenin et al were concerned and I think it’s the same for those that embrace the term “Progressive” as they seek to connote that they are some sort of progress based vanguard when in fact they embrace Puritan, authoritarian, and utterly failed Marxist elements in their anything but forward thinking view.


They lie because they get away with it
MAY 28, 2024

On Monday, we honored the million men who died defending our great nation and protecting our God-given rights. Sadly, the current resident in the White House decided to honor instead a drug addict and armed robber who died in police custody. His staff perpetuated the lie that George Floyd was murdered by a policeman — a lie upheld by a kangaroo court in Minnesota.

That’s the power of the Big Lie.

The death of Morgan Spurlock showed why people in the media lie. They get away with it and it pays well. He made a movie for $65,000 called Super Size Me and collected a hefty share of its $22 million gross at the box office.

The premise was he ate nothing but McDonald’s food for 30 days and it ruined his health. The food did not. He died of cancer not obesity. His liver likely was in bad shape but it wasn’t from milkshakes and Big Macs. It was from 40 years of drinking, going back to when he was 13.

Nevertheless, the media sold the lie for 20 years, and continued the lie in his obituaries, although a few outlets included a paragraph or two buried in the story that put his lie in perspective.

The Daily Mail shouted in a headline, “Horrifying effects of eating McDonald's for a month on Morgan Spurlock's body revealed — including 'turning his liver to paté.'“

That was a lie.

NBC summed up the legend of Mister Spurlock pretty well:

Super Size Me was by far his best-known creative venture and claim to fame. In the movie, he recorded the month of his life when he ate nothing but burgers, fries and other quick-fix staples from McDonald's — an experiment that he claimed took a toll on his mental and physical health.

The documentary helped boost public consciousness about the nutritional content of fast food and America's obesity epidemic, inspiring a backlash against McDonald's and other big-name restaurant chains. Super Size Me was nominated for best documentary feature at the 77th Academy Awards in 2005.

Super Size Me provoked a national debate and grossed more than $22 million on a modest $65,000 budget. But it came under the microscope over the accuracy of some of its claims about health and science. Spurlock's disclosure in 2017 that he was drinking heavily through much of his life put his purported symptoms in a new light.


The media heavily promoted him and his movie when it debuted 20 years ago. Overnight, journalists became instant dietitians — just like they became instant virologists 4 years ago when covid 19 arrived from Wuhan.

NBC was among the cheerleaders: “Award-winning filmmaker Morgan Spurlock eats McDonald's for a month— and gets sick. What does McDonald's have to say about the experiment-turned-film? Deborah Norville Tonight interviews Spurlock, and McDonald's global nutritionist Cathy Kapica.”

They should have known better.

Via Instapundit, James K. Glassman called the fellow out before the movie’s premiere in 2004, in a piece called, “A Big Con Man.” Glassman wrote:

Super Size Me is not a serious look at a real health problem. It is, instead, an outrageously dishonest and dangerous piece of self-promotion. Through his antics, Spurlock sends precisely the wrong message. He absolves us of responsibility for our own fitness. We aren't to blame for being fat; big corporations are! And the remedy, he suggests, is to file lawsuits and plead with the Nanny State and the Food Police for protection.

While the film demonizes McDonald's and other restaurants, Spurlock's weight gain and health decline have nothing to do with where he ate (after all, Robert DeNiro gained 60 pounds for his role in Raging Bull by dining at great restaurants in Italy), but rather with how much he consumed and how little he exercised (Spurlock even cut down on normal walking).


The media ignored Glassman when the movie came out for the exact reason Glassman stated. The lie shifted the blame for being fat to Big Corporations.

The Big Lie works because it sells the myth people want to believe. Conservatives talk a great deal about personal responsibility but really few people want to take responsibility for their situation.

Hillary is a good example of this. She ran against a rookie candidate in 2016, whom the media demonized. She had a then-record billion dollars to blow on the campaign. At one point she asked, why aren’t I 50 points ahead?

The answer is that she rhymes with witch.

After Trump humiliated her, as she drowned her sorrow in Chardonnay, she concocted a conspiracy theory that Putin stole the election for Trump. She’s nuts. But her Putin-ate-my-election lie worked. Even after an intensive investigation by Bobby Mueller that resulted in no indictments related to Russian interference, the press continued to push this wild-eyed lie.

Time magazine said on April 18, 2019:

When Russia set out to interfere with the 2016 election, it went all out.

Over the course of the election, a wide-ranging group of Russians probed state voter databases for insecurities; hacked the Hillary Clinton campaign, the Democratic Congressional Campaign Committee and the Democratic National Committee; tried to hack the campaign of Sen. Marco Rubio and the Republican National Committee; released politically damaging information on the internet; spread propaganda on Twitter, Facebook, YouTube and Instagram; staged rallies in Florida and Pennsylvania; set up meetings with members of the Trump campaign and its associates; and floated a business proposition for a skyscraper in Moscow to the Trump Organization.

The goal, as determined by the U.S. intelligence community and backed up by evidence gathered by Special Counsel Robert Mueller: To damage the Clinton campaign, boost Trump’s chances and sow distrust in American democracy overall.


Again, Mueller found nothing.

In a sane world, a president could sue for such libel. But under the ridiculous NYT v. Sullivan ruling, a president cannot sue. The press knows it has a license to lie and uses it like a teenage girl with her daddy’s credit card. The more outrageous the lie, the more the press promotes it.

The press promoted cloth masks but cloth masks do not stop a virus.

The press promoted social distancing but it does not stop a virus.

The press dismissed ivermectin as horse paste but it worked against covid 19.

The press demanded mandatory shots but Pfizer’s shot is not a vaccine.

In each case the press accepted the government’s lies instead of the truth. The idea that the press can hold anyone accountable is as nonsensical as saying a 5-year-old can pick his sex. Come to think of it, the press believes that too.

I do not mean to pick on Morgan Spurlock. Our thoughts and prayers should be with his friends and family, but he illustrates and super-sizes the problem with lies: they work.

https://donsurber.substack.com/p/they-lie-because-they-get-away-with?r=1qo1e&utm_campaign=post&utm_medium=email&triedRedirect=true

41
Politics & Religion / ATF Kills Another American Among Other Issues
« on: May 27, 2024, 08:53:42 PM »
Congressional hearing where various ATF unconstitutional decisions are outlined, one leading to the death of an otherwise law abiding citizen during a pre-dawn raid, a citizens that likely would have turned himself in for his alleged crime if given a chance to do so:

https://www.youtube.com/watch?v=wgS2OGLuILE

42
I like Schlicter and have the same reservations about referring others to him.  But I don't understand discussing a 'win' without figuring what happens in the House and Senate as well.  Plus some of the electoral reforms need to come from the state legislatures.

If Trump alone wins, it won't be much of a win.  Plus it's only for 4 years.  Who he picks for VP and successor will make a difference.

There's Left rule, there's divided government, and then there's what we should do if we really do win the controls of power.

"Don’t underestimate what they [Democrats] are capable of."

  - [Doug]  That depends a lot on whether Hakim Jeffries is the Speaker of the House or the Minority Leader.

I concur there are a lot of moving parts and stars that need to align. I also think there are a lot of squishes in the GOP that will veil their membership in the Uniparty by NOT thinking ahead and preparing for what will inevitably occur and then blaming it on it being unforeseeable. Throw in the systematic lawfare being conducted against effective GOP lawyers and I fear any victories that do occur will be mitigated by foreseeable “Progressive” reactionary tactics.

Bottom line: I respect Schlicter for the foresight displayed in part one, look forward to part two, and admit a successful election will doubtless require parts 3 through 300,000 or more.

43
Pay no attention to the spooks behind the search engine. I’ve certainly had several of the search engine experiences described below:

The Propaganda Superhighway
Search engines and the taming of the Digital West

JUPPLANDIA
MAY 26, 2024

I remember a very long time ago, when the Internet was young and I was too, the expression ‘information superhighway’. It was a term expressed at the same time that people thought of the new digital realms being created as a sort of Wild West free from State control and regulation. Both ideas linked technology with freedom. The idea of the information superhighway was that the emerging Internet was one part of an exciting technological advance that also included telecommunications. All of it was getting faster and better. All of it made us more connected with each other. Like a road network, these things provided easier access to places and ideas. Like a highway, they traversed the miles that separated us, drawing us together in a community of minds. Like a physical road, the whole thing suggested freedom of travel, individual agency, the chance to ‘boldly go’ wherever we pleased.

The Internet was what we would make it. The future was ours.

Jupplandia is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

Apparently though ‘information superhighway’ was a phrase invented by Al Gore in a 1978 meeting with computer industry magnates, and much beloved by the Clinton administration. In some ways the optimistic slant on communications technology harked back even further, recalling Harold Wilson’s 1963 speech about the ‘white heat of technology’. Boundless promises of technological advance have always excited governments, many of whom like to fantasise about a political legacy secured via sudden innovative advances. If purveyors of new technology are sometimes snakeoil salesman selling fake remedies, governments are often the balding consumptive hypochondriac who constitutes the perfect customer. And behind the idealistic visions, there were always political operatives.

Today, such messianic technological optimism recurs in Boris Johnson style grand projects, or in telecommunications again via the promises made for each increasing generation of broadband supply. Building a 5G as opposed to a 4G network, and presumably after that a 6G version, is proof, today, of taking technology and its impact on the economy seriously. The whole Net Zero agenda is another example, combining anxiety and political promises at one and the same time. There’s an element of anxiety too, as governments agonise over whether their communications, satellite network and Internet provision is being ‘left behind’ by other nations.

Today, even a pandemic is a political opportunity. Fear and hope, alleged crisis and alleged technological solution, are constant bedfellows. The WEF alternates between stoking fear and promising a tech utopia, as do advocates of things like 15 minute cities.

Both extreme hopes regarding technology, and extreme fears regarding being left behind, have long been expertly exploited by the corporate interests we call Big Tech. Silicon Valley and similar tech hubs are both the propagators and recipients of hopes and fears that are couched as broad and humanitarian ones, but are just as often commercial and political ones. The dream of new technology is sold as the dream of human progress, as the next leap in an uplifting saga of progress from the ape to the space race, a narrative which merely by us being human applies to us all. We gain some of the reflected glory. Everything from Da Vinci to Neil Armstrong is part of our story, and supposedly it encompasses too the rise of the mobile phone or the death of the fax machine.

Underneath this idealistic vision of progress, though, the true motivators are political in nature, encompassing monopolies of industry and technologies of control. Underneath, we find out with just a little investigation how closely involved political players and corporate actors have always been, quite often to their immediate advantage rather than in service to the general public or to ideal visions of future utopia. We find, for example, that Google was essentially a creation of the military-industrial complex. The still most famous search engine there is, the thing which decides where the information superhighway actually takes us, was designed from the start to let the CIA and other agencies monitor our thoughts and habits.

Search engines were built not just to provide a useful service in this new sphere of technology. They were built to track what we were saying to each other in this digital environment, to log what we were asking for and talking about, and to guide us towards the answers and conclusions that government preferred. This isn’t a conspiracy theory. It’s a plain fact confirmed by any more than cursory examination of the history of modern tech giants and of specific companies in the Big Tech ecosystem. If you care to look, DARPA funding and technology is easily found. When you do look, you can see in some cases these were never independent commercial enterprises that then allowed themselves, for example, to be used as outsourced censorship advocates or propaganda suppliers. They were built by aspects of the State in the first place.

All of which has been made a lot plainer to the rest of us by Elon Musk’s purchase of Twitter, and by the subsequent revelations in the reporting of Matt Taibbi and others showing how embedded within the structure of these organisations agents of the State were. Today, we know that the FBI had a permanent presence in Twitter. We know how the Hunter Biden laptop story was suppressed across social media platforms as well as within legacy print media. Ironically, even the AI generated content supplied by (still controlled) search engines now has to admit these links. Thanks to alternative media reporting, some of the proof of a fascistic alliance between the State and corporations is now undeniable.

Here, for example, is what that AI generated search on Twitter will reveal:

James Baker: Former FBI General Counsel, Twitter’s Head of Policy and Trust & Safety (2020-2022). Baker was fired by Twitter CEO Elon Musk in November 2022 after his role in suppressing the Hunter Biden laptop story.

Matthew Williams: Former FBI Intelligence Analyst, Twitter’s Senior Director of Product Trust (2020-2022). Williams spent over 15 years at the FBI, including serving as Chief of Staff to top executives.

Dawn Burton: Former FBI Special Agent, Twitter’s Director of Corporate Resilience (2020-2022). Burton worked at the FBI for 21 years, including as a senior supervisory agent.

Kevin Michelena: Former FBI Special Agent, Twitter’s Director of Security and Risk (2020-2022). Michelena spent over 20 years at the FBI, including as a senior supervisory agent.

CIA Figures at Twitter:

Jeff Carlton: Former CIA Operative, Twitter’s Head of Strategic Response Team (2020-2022). Carlton worked for both the CIA and FBI before joining Twitter.

Stacia Cardille: Former CIA Attorney, Twitter’s Senior Legal Executive (2020-2022). Cardille was involved in the CIA’s “Info Ops” program and worked with the FBI on social media surveillance and censorship efforts.

These individuals, along with others, have played key roles in shaping Twitter’s content moderation and censorship policies, raising concerns about the potential for government influence and bias in the platform’s decision-making processes.”

What’s remarkable here is not only how search engines today will admit these past links, but how at the same time they still work to move people away from the most obvious conclusions. The idea we are supposed to reach today is that State and alphabet agency interference in Big Tech and social media platforms (especially through the silencing of politically awkward or dissident messages and accounts) is a past scandal, rather than a still active or relevant one. But really it is only Musk’s independent decision to challenge woke attitudes and some forms of corruption (a limited challenge, but a vital one) which has allowed any of this truth to be acknowledged.

State responses to that process, and the continued existence of State and corporate aligned censorship and propaganda on everything else, show us that all of this information-censorship complex is still active. Musk now faces numerous legal troubles from the State, almost all of which are as baseless as similar prosecutions of Donald Trump. The message remains that going off-message is extremely dangerous, even if you happen to be a billionaire.

In other words, all the censorship and propaganda has not gone away. In fact, it’s getting worse. It’s been joined by an escalating attempt to criminalise all opposition through new legislation, and the distortion of existing legislation to pursue offenders against allowed orthodoxy.

All of the above is the context that occurred to me on reading a fascinating article on the popular Substack The Honest Broker. In Let’s Just Admit It: The Algorithms Are Broken, Ted Gioia discusses the algorithms deployed by search engines. The gist of the article is that the algorithms used by platforms like Spotify, Rumble, Google and others are now completely useless. Gioia talks about looking at a Jazz book and then receiving recommendations for books on spy fiction or, at best, AI generated jazz books of very low quality. The Honest Broker is blunt on the efficacy of search engines that have been corrupted by sponsored links and by suppliers purchasing priority appearance in lists of recommendations:

“The Google algorithm deliberately makes it difficult to find reliable information. That’s because there’s more money made from promoting garbage, and forcing users to scroll through oceans of crap.”

All of this is of course true, but what’s really astonishing about the article is its strict avoidance of a political dimension of discussion. In the course of a quite lengthy description of the way search engines now direct people towards junk content, including multiple examples of this process and a fairly honest assessment of the financial incentives underpinning it, the one thing Goiai doesn’t refer to is the way the information superhighway and its search engine navigators only direct people towards results that fit a political narrative.

Selling us crap after all comes in more than one form. Yes, it can come by means of directing us towards products we don’t want, or products unrelated to what we do want. Yes, this can apply in a purely commercial sense as we receive endless advertising for inferior items, or as we get ads for a bicycle when we are looking for a toy pony. In those cases the algorithms may just be crap, or they may be manipulated by already existing payments from others. But there’s a kind of innocence still to this purely mercenary distortion of search results. It’s not there to serve a bigger or more malign agenda. It’s an annoyance where a service isn’t as good as it should be.

Far more worrying, surely, is the way that search engines refuse to supply access to political commentary that the masters of search engines do not want us to see. The fact is that search engines in the digital age have become vital tools of research used by everyone. If we want to read a product review, we go to a search engine. If we want to access statistical information on a political topic, we go to a search engine. Theoretically, we can still go to a library or consult our own bookshelves, but that’s of rather limited use in a rolling news cycle. Politics in particular depends on access to accurate information, and politics in particular is always going to be subject to distortion and lies. It’s the home field of propaganda, and the heavily contested ground of competing, self-declared Truths.

I can’t be the only one who has noticed how the navigation system of the information superhighway leads us only to acceptable destinations. Not truthful ones. Not accurate ones. Not representative ones. Allowed ones. Search engines are the satnavs of the information superhighway, of the entire telecommunications network. And they are being used to guide us towards only those pre determined conclusions we are supposed to have.

Nor is this a process that some old fashioned version of market competition allows us to escape. Disgusted with the political bias of the algorithms of Google, I have moved time and again to fresh search engines. Each time I have found that alternatives, search engines like DuckDuckGo or Brave, are just as bad. Quite often any alternative that emerges is quickly subsumed within the existing Big Tech monopolies. If it was ever independent, any hint of success sees it being purchased by the near feudal lords of the tech monopolies. In each case, I have had instances where articles I have previously read cannot be found again, even with highly accurate search enquiry terms related to them. Things which you know exist are then banned or shadow banned, or are lowered so far down returned results that you will never see them.

And at the same time the search engines will spew out forty or fifty articles or sources saying the exact opposite of the thing you were looking for. This is not accidental, nor is it proof that these ‘opposite results’ are in fact more real, more accurate, and more truthful than the thing you were looking for. All it proves is that you are being politically directed, steered at all times towards a conclusion of their choice, even as you search for evidence in support of your choice.

The truly astonishing thing in Let’s Just Admit It: The Algorithms Are Broken is the total lack of consideration of this political dimension to the corruption of search engines and algorithms. It’s bizarre to see this kind of blindness from an ‘honest broker’. Search engines and the selectivity provided by politically biased algorithms are now just as much a vital problem as the journalist activism of the controlled mainstream media and the constant pumping out of propaganda funded by vested interests is a problem. Not letting you see the truth is as powerful a tool of control as pointing your eyes towards lies is. Contemporary propaganda works by both instruction and omission, and talking about minor irritations of search engines directing you towards crap you don’t want to buy commercially may be just another way of avoiding discussing the way these search engines direct you towards crap you don’t want to buy politically.

Perhaps that’s why I’m still allowed to read The Honest Broker in the first place. Critics of modern tech who avoid the political issues are, after all, pretty safe. They are themselves safe from silencing, and they are considered safe enough for us to consume their content. In reality though, people have known since at least Orwell’s time how much tyranny depends on the things not said as well the things that are said. I don’t mean to be unfair to a Substacker who is saying something true, but I wish the bigger truths were on offer too.

One of those is that AI direction of human thought towards selected conclusions will be a terrifying phenomenon. It will be worse than biased search engines hiding the truth from us. It might be a stage by which the capacity for truth is lost as a human quality altogether. The machines will determine what we think, entirely, both the political machine and the artificial intelligence. This is a lot more important than getting a spy book recommended to you instead of a Jazz book.

https://jupplandia.substack.com/p/the-propaganda-superhighway?r=2k0c5&triedRedirect=true

44
Politics & Religion / What to Expect After a Trump Win
« on: May 27, 2024, 04:46:55 PM »
I read Schlicter, but don’t share him much as his over the top rhetoric, much like Trump’s, makes it all too easy for “Progressives” to point and say “see, here’s the perfect example of just how paranoid and dangerous those MAGA idiots are?” With that said, I think he’s spot on here: the time to prepare for whatever will come in the wake of a Trump electoral victory is now.

Trump Wins. What Next? (Part 1)

It’s still about five months until the election, but it’s pretty clear that Donald Trump has become – impossible as it might have seemed last year – the favorite to win. We must  plan the battles that lie ahead now. This first column talks about what happens immediately after we win. Part 2 talks about what Trump needs to do during his first days in office to set the stage for the total destruction of the Democrats’ dreams. We have to prepare for success. The great Townhall senior columnist Derek Hunter warns that you should not spike the football anywhere but the endzone, but this time, we need to be ready.

A successful fight to restore our country – to make it great again, as some put it – will be like a military campaign. We have three battles ahead of us between now and next spring. The close fight is the battle to pull off the win against the collective rigging and cheating of the Democrats, the regime media, and their allies in the ruling class. The next fight, one terrain feature ahead, deals with the left’s unhinged response to his victory. And the third fight, the deep battle, is what Trump must do during the first couple of months upon taking office. In today’s column, we’ll talk about the second fight, and what the Democrats and their allies will do to disrupt the peaceful transition of government, something that will suddenly be not just okay but mandatory when Trump wins again.

The election will be between Donald Trump and Joe Biden, or at least the dusty, empty husk that is all that remains of Joe Biden. They’re not going to trade him out. The Very Real Doctor Jill is not going to stop being First Lady simply because her husband is a senile, corrupt old pervert who is destroying our country – what’s important is her and her needs. And don’t underestimate the needs of the thousands of lackeys, minions and henchpeople within the administration who are personally invested in this charade going on for another four years. They’re not going anywhere. Unless the Grim Reaper grimly reaps this elderly cretin before November, he’s on the ticket with his borderline clinical moron running mate Kamala.

The panic will really set in in October if the polls don’t change. They will lash out. There will be unsurprising October surprises. We may see another dozen bogus criminal charges against Trump and his associates. We can be pretty sure that there will be chaos at the Democratic convention and maybe in the streets like in 2020, but that’s not for certain – have you noticed that, as it became clear that people are disgusted by these little Hamas-hugging mutants, that the coverage of the campus crusade for communism has diminished significantly? Look for the regime media to do everything it can to try to help its crusty candidate, but the usual propaganda is not going to help. Eight-dollar Big Macs and six-dollar-a-gallon gas are much more compelling to the average voter than the fulminations of the midwit likes of Caitlin Collins about Muh Insurrection and Trump’s alleged threat to Our Democracy.

We’ve already seen their furious frenzies of onanism over Trump being the next Mussolini x Hitler x Pol Pot x … wait, they like Pol Pot. They’re terrified that Trump will treat these communists like Pinochet did, which would be a real shame – I’m not sure why they want to get our hopes up. We’re going to see a lot of jaw-wagging about how the American people electing the leader of their choice is a terrible threat to Our Democracy if he’s not the elite’s choice. You’ll see a bunch of howling about how Trump is a felon and a threat to freedom and a big meanie and blah blah blah blah blah. As it becomes clear that Trump’s going to win, the panic is really going to set in. Don’t underestimate what they are capable of.

After all, they’ve mutually rubbed each other into a lotion lather, leading to an apocalypsorgasm of fear that the elite’s power will be permanently circumscribed. Will there be cheating? Oh hell yes, and it’ll be blatant and totally excused. You can already see that they’re preparing the battlefield for it. Whenever a Republican senator goes on the regime media, and a Republican senator should never go on the regime media, he always gets asked if he’s going to accept the outcome of the election. What they’re trying to do is set a standard where you can’t question their cheating. They know it. We know it. We just need to stop pretending that everything’s fine, everything’s all right, everything’s on the up and up, because everything’s not fine, everything’s all right and everything’s not on the up and up.

One of their most powerful weapons is normal people’s default to normalcy, the unsupported belief by the masses that the institutions are still functioning and that the law is still being obeyed and that the system still works. None of that’s true. It’s a lie and a scam, and we need to be based enough to understand it. We need to face the fact that things are broken and treat the system that way instead of putting our heads in the sand and hoping that by pretending everything is normal, everything actually will be normal. Everything won’t.

They’re going to cheat, whether it’s by filling ballot boxes or changing rules or having corrupt judges interfere with the ability to have our voices heard. They’re not going to make any bones about it, and you need to understand that the institutions and the regime media support this cheating. Even Senate doofus Sheldon Whitehouse, the flag-obsessive who won’t let black people into his beach club, doesn’t believe that black people are too stupid to get voter ID. He and the Democrats are against voter ID because voter ID prevents cheating.

They are actively pro-cheating. They want the millions of Third World peasants they have imported to vote. They think it is a good thing to steal the 2024 election and they will certainly try to do it. It’s up to us to stop them. Nobody’s going to come to our rescue. There’s no referee we can appeal to who will call the strike. We need to understand the nature of our opponents and act accordingly.

It looks like Trump may win outside the margin of fraud so that the race can’t be stolen with zillions of surprise votes mysteriously appearing in Atlanta and Detroit and Philadelphia. The second it becomes clear that Trump has won, the first thing that will happen is that Joe Biden, to the extent he remains conscious, will refuse to concede. He will deny the election. Yes, an election denier will become a hero (again, as it was back in 2000, 2004, and 2016) instead of the worst person you can ever be, except for someone who denies that a man can become a woman through the power of wanting to. It’s hypocrisy, but they are immune to shame.

The transition will be fraught because the Democrats just aren’t going to cooperate with a peaceful transition of government. They will do everything they can to disrupt and delay Trump’s people taking over. The shredders will melt from overuse as they destroy evidence of their own misconduct. What’s important for the Trump people to do is ensure that they make it clear that anybody destroying government documents or other materials to hide their contents will be prosecuted for obstruction of justice or other crimes. But the left will do it anyway, certain in the knowledge that a 97% communist jury pool in Washington, DC, will never convict any Democrat of anything.

Of course, there are going to be lawsuits. Those Hawaiian judges will be working overtime ruling that Donald Trump can’t be President even though he won the election because of reasons and the Spirit of Aloha. Look for them to challenge every win, and for Democrat judges to allow the scam to go forward. Now, it’ll all eventually get up to the Supreme Court, which consists of three communists and five insurrection flag-flying patriots plus John Roberts who will eventually rule for Trump. However, the goal will be to attack the legitimacy of the process, to make Trump an illegitimate president. Remember, only court rulings in favor of the Democrats are legitimate. Court rulings in favor of the Republicans are inherently illegitimate, and they need to pack the court. You know, because of Our Democracy.

We’re going to see alternative slates of electors, which will be absolutely fine now, even though Democrat functionaries are prosecuting people for doing it last time. We will see more Hollywood idiots demanding that Trump electors refuse to vote for him. Again, the left collectively wet itself about all this last time, but you need to understand that it is immune to hypocrisy. They don’t care if they’re doing the exact opposite of what they did five minutes ago. None of that matters to them, so none of that should matter to us. We need to understand that they are scum and that they must be crushed.

The only currency is power, and we need to spend it while we’re flush with cash.

The ultimate power is, of course, guys with guns. Is there a chance that Joe Biden will order the military to overturn the election results? A few years ago, that would’ve been an insane question, but we have never had an administration as evil as this one, representing an elite terrified of losing the power it inherited instead of earned. If you don’t think that Joe Biden would use the Army to retain power, you just haven’t been paying attention. They don’t believe we have any right to govern ourselves. They think that they were divinely selected, by whatever weird pagan divinity they are worshiping this week, to rule over us. The idea that they have some moral opposition to imposing an armed dictatorship upon us is simply wishful thinking. But would Pentagon leadership go along with it? I have no doubt that some of them absolutely would. Of course, the military under their leadership is so grossly incompetent that it can’t win a war overseas against a pack of mountain tribesmen. I’m not particularly worried about how well it would do 100 million armed Americans (those darn AR15s again!), many of us veterans of the military from back when it was a real military and not a camouflaged gender studies seminar.

Is this paranoid? Is this crazy? Would Media Matters be all over this column if the schmucks who worked for it hadn’t been so abruptly and hilariously fired? Well, if you haven’t been paying attention, you might think so. But you need to understand the incredible evil of our opponents. They’re not good people. They’re not nice people. They don’t believe that you have any rights. They don’t believe you have any legitimate interests. You are there to serve them and obey. They didn’t build this country, they don’t feed it or fuel it, and they certainly don’t defend it, but they somehow consider themselves our betters. They’re not. We just need to understand that they will do whatever they must to maintain their power. We need to be ready. It’s our country, and we’re taking it back – if we prepare for the fight.

https://townhall.com/columnists/kurtschlichter/2024/05/27/trump-wins-what-next-part-1-n2639540

45
Politics & Religion / Smith’s Barrages don’t Dent Cannon
« on: May 27, 2024, 03:58:47 PM »
Sounds like Cannon is methodically setting the stage to catch the DOJ in their own lies:

Meltdown in Florida
An extended temper tantrum by one of Special Counsel Jack Smith's prosecutors this week represented the DOJ's frustration at failing to cover-up the dirty details of the imploding documents case.

JULIE KELLY
MAY 25, 2024

“I'm going to ask that you just calm down. I understand this is sensitive and it's difficult, but these questions are briefed and they're before the Court.”

Declassified with Julie Kelly is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.


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So said Judge Aileen Cannon to David Harbach, one of Special Counsel Jack Smith’s lead prosecutors in the government’s espionage and obstruction case against former president Donald Trump, during a hearing on Wednesday. While temperatures spiked outside the federal courthouse in Fort Pierce, Florida throughout the day, so too did the climate inside Cannon’s courtroom.

The May 22 proceeding, as I explained here, represented the first of a series of hearings that will turn the tables on Smith; Cannon is in effect putting the Department of Justice on trial to account for its corrupt, dirty, and sloppy prosecution into Trump and two co-defendants.

Cannon’s admonishment came after what can only be described as a prolonged meltdown by Harbach after he ranted for several minutes in response to a defense motion seeking to dismiss the case against Waltine Nauta, Trump’s longtime personal valet also charged in the indictment, based on selective and vindictive prosecution.

At times pounding the podium and clapping his hands in anger to emphasize a point, Harbach, usually the cooler head of the prosecution side, escalated the war of words between Cannon and the special counsel’s team. A longtime DOJ apparatchik having served as former FBI Director James Comey’s special counsel and alongside Smith in the DOJ public integrity unit during the Obama administration, Harbach is used to getting his way before federal judges.

Not this time. Cannon is a slow-moving freight train, systematically and almost to the point of torment exposing every government fault line in the imploding case.

Just this month alone, Cannon has forced Smith to admit key evidence seized during the 2022 FBI raid of Mar-a-Lago has been bungled and possibly misplaced, contrary to his team’s representations to her.

She continues to authorize the unsealing of motions and exhibits including records the DOJ never thought would see the light of day.

In fact, Harbach’s outburst came less than 24 hours after Trump’s lawyers filed a motion related to the Mar-a-Lago raid, a document Cannon ordered unsealed; the motion, as I reported on Twitter/X Tuesday afternoon as well as here, revealed the stunning news that FBI agents had authority to use deadly force during the nine-hour raid.

The disclosure instantly prompted fury on the Right, leading to a damage-control statement by the FBI several hours later. Attorney General Merrick Garland also addressed the controversy the following day, calling Trump’s claims about a potential assassination, “false and extremely dangerous.” Garland also claimed, without evidence, that the consensual search of Joe Biden’s home for classified documents involved the same authorization for use of force.

Late Friday night, Smith filed a motion asking Cannon to prohibit Trump from making public statements “that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case.”

Will the Public Learn More about a Controversial 2022 Meeting?

But Harbach’s bad behavior in court specifically related to accusations of prosecutorial abuse. Nauta’s attorney, Stanley Woodward, has accused the DOJ of retaliating against Nauta for refusing to flip on Trump and become a cooperating witness. (Nauta faces several charges including conspiring to obstruct the investigation and making false statements.)

Woodward further alleged that Jay Bratt, the other lead DOJ prosecutor, made threats against Woodward during an August 2022 meeting to discuss Nauta’s potential cooperation. Woodward said Bratt noted his pending judicial nomination before the D.C. Superior Court and said something to the effect of “I wouldn’t want you to do anything to mess that up.”

Bratt’s conduct during the meeting is the subject of both a congressional investigation and an Office of Professional Responsibility probe at the DOJ. (The OPR inquiry is on hold pending resolution of the classified documents case.) Woodward wants all records and communications about the meeting given to the defense—something Cannon appears inclined to do.

Which sent Harbach over the edge.

Calling Woodward’s account of the meeting a “fantasy,” Harbach blasted Woodward’s “garbage” argument for dismissing the case. “This is no way to run a railroad,” Harbach, perhaps ignorant to the irony of using that particular word, told Cannon for her allowing Woodward to discuss at length his allegations about the meeting.

When Cannon inquired as to the existence of records including Zoom videos that might support or refute Woodward’s account of the meeting, Harbach scolded her. “I have already told Your Honor that no recording exists. I have told you that some time ago,” Harbach replied.

Cannon reminded an increasingly agitated Harbach that she maintains oversight into how the investigation was conducted. “I still have inherent authority to oversee this proceeding and ensure that professionalism is maintained, and I think there is a basis to ask those questions, which is why I'm asking them,” she shot back.

If Cannon orders the DOJ to produce all communications before and after the meeting, the ruling could represent another blow to the special counsel’s cratering credibility. Congress already wants answers about the spoliation of evidence; more congressional demands related to the authorization for lethal force and other dubious aspects of the FBI raid could be around the corner.

Cue more meltdowns.

https://www.declassified.live/p/meltdown-in-florida?utm_campaign=post&utm_medium=web

46
Apparently the authorization is SOP, but given the Secret Service protection, SOP was highly inappropriate.

And then the DOJ claims that same SOP was in place for the voluntary search of Biden’s home for classified docs, which further boggles given that the DOJ works for Biden and he IS the sitting president….

48
Politics & Religion / Environmentalism Replaced by Climatism
« on: May 27, 2024, 02:18:12 PM »
This guy is on to something, Big Time, with his an element of his thesis being that environmentalism has morphed into something that no longer serves the environment, but instead serves anti-science, anti-environment, anti-carbon fetishism that clearly don’t serve their claimed ends.

This is the first time I’ve encountered Bryce; I’ll be sniffing around his other posts to see what he’s unearthed regarding the funding for Climatism. He’s done some work showing various above the board corporate/banking interests do so for charitable and likely mercenary meetings, and that all donations totaled dwarf the budgets for petroleum and atomic energy lobbyists (an irony in that Church of Anthropomorphic Climate Apocalypse adherents invariably claim vast sums taint anything said by petro- or atomic energy groups while ignoring the untold wads of cash in their collection plates).

If Trump is reelected I say—as soon as the DOJ is swept clean—task one is untangling who is behind climatist funding and bringing those findings to light. I’d bet any amount China has supplied a great deal of those funds directly and indirectly, and that Useful Idiots are alive, well, and drawing pay as climatists:

Environmentalism In America Is Dead
It has been replaced by climatism and renewable energy fetishism.
MAY 24, 2024

Two North Atlantic Right Whales photographed in 2016 by Tim Cole, NOAA Fisheries.
Environmentalism in America is dead. It has been replaced by climatism and renewable energy fetishism.     

The movement birthed by Rachel Carson’s Silent Spring in the early 1960s and Earth Day in the 1970s — a movement that once aimed to protect landscapes, wildlands, whales, and wildlife — has morphed into the NGO-corporate-industrial-climate complex. Rather than preserve wildlands and wildlife, today’s “green” NGOs have devolved into a sprawling network of nonprofit and for-profit groups aligned with big corporations, big banks, and big law firms. In the name of climate change, these NGOs want to pave vast swaths of America’s countryside with oceans of solar panels and forests of 600-foot-high wind turbines. They are also promoting the industrialization of our oceans, a move that could put hundreds of massive offshore wind turbines in the middle of some of our best fisheries and right atop known habitat of the critically endangered North Atlantic Right Whale.

The simplest way to understand how climatism and renewable energy fetishism have swamped concerns about conservation and wildlife protection is to follow the money. Over the past decade or so, the business of climate activism has become just that — a business. As I reported last year in “The Anti-Industry Industry,” the top 25 climate nonprofits are spending some $4.5 billion per year. As seen below, the gross receipts of the top 25 climate-focused NGOs now total about $4.7 billion per year.



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These groups — which are uniformly opposed to both nuclear energy and hydrocarbons — have budgets that dwarf those of pro-nuclear and pro-hydrocarbon outfits like the Nuclear Energy Institute, which, according to the latest figures from Guidestar, has gross receipts of $194 million, and the American Petroleum Institute which has gross receipts of $254 million. (Unless otherwise noted, the NGO figures are from Guidestar, which defines gross receipts as a “gross figure that does not subtract rental expenses, costs, sales expenses, direct expenses, and costs of goods sold.” Also note that in many cases, Guidestar’s gross receipts figure doesn’t match the revenue that the NGOs are reporting on their Form 990s.)   

To understand the staggering amount of money being spent by the NGO-corporate-industrial-climate complex, look at the Rocky Mountain Institute, the Colorado-based group founded by Amory Lovins, the college dropout who, for nearly 50 years, has been the leading cheerleader for the “soft” energy path of wind, solar, biofuels, and energy efficiency. (Click here for my 2007 article on Lovins.) Between 2012 and 2022, according to ProPublica, Rocky Mountain Institute’s annual budget skyrocketed, going from $10 million to $117 million.



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Indeed, the group provides a prime example of how corporate cash and dark money are fueling the growth of the NGO-corporate-industrial-climate complex.  Among its biggest donors are corporations that are profiting from the alt-energy craze. Last year, Wells Fargo, a mega-bank that is among the world’s biggest providers of tax-equity financing for alt-energy projects, gave Rocky Mountain Institute at least $1 million. On its website, Wells Fargo says it is “one of the most active tax-equity investors in the nation’s renewable energy sector, financing projects in 38 states.” In 2021, the bank bragged that it had surpassed “$10 billion in tax-equity investments in the wind, solar, and fuel cell industries. Wells Fargo has invested in more than 500 projects, helping to finance 12% of all wind and solar energy capacity in the U.S. over the past 10 years.”

Another mega-bank giving big bucks to RMI is J.P.  Morgan Chase, which gave at least $500,000 in 2023. I took a deep dive into alt-energy finance last year in “Jamie Dimon’s Climate Corporatism.” I explained: 

About half of all the tax equity finance deals in the country (worth about $10 billion per year) are being done by just two big banks, J.P. Morgan and Bank of America. The two outfits have the resources to handle the tax credits that are generated by renewable projects and pair those “tax subsidies” (the term used by Norton Rose Fulbright) with the capital financing needed to get the projects built.

Last year, Rocky Mountain Institute got a similar amount from European oil giant Shell PLC, which has been active in both onshore and offshore wind. In addition, last year, the Rocky Mountain Institute published a report in  partnership with the Bezos Earth Fund, which claimed, “the fossil fuel era is over.” The Bezos Earth Fund, of course, gets its cash from Amazon zillionaire Jeff Bezos. Last year, Bezos’s group gave Rocky Mountain Institute at least $1 million. In addition, Amazon, which claims to be “the world’s largest corporate purchaser of renewable energy,” is a significant donor and was the sole funder of a report published earlier this year by RMI that promotes increased use of — what else? — solar, wind, and batteries.

RMI also got at least $1 million from two NGOs — ClimateWorks Foundation and the Climate Imperative Foundation — which funnel massive amounts of dark money to climate activist groups. San Francisco-based ClimateWorks has gross receipts of $350 million. ClimateWorks lists about two dozen major funders on its website, including the Bezos Earth Fund, Bloomberg Philanthropies, the Ford Foundation, and the Hewlett Foundation. However, the group’s tax filings show that it gets most of its funding from individuals, none of whom are disclosed on its Form 990. In 2022, ClimateWorks got $128 million from an unnamed individual, $45 million from another individual, and $24 million from another. In all, ClimateWorks collected about $277 million — or roughly 84% of its funding — from a handful of unnamed oligarchs. Who are they? ClimateWorks doesn’t say, but notes that it has “several funders that [sic] prefer to remain anonymous.”

Climate Imperative, also based in San Francisco, doesn’t reveal the identities of its funders, nor does it publish the names of all the activist groups it funds. But it is giving staggering sums of money to climate groups. Climate Imperative’s gross receipts total $289 million. The group’s goals include the “rapid scaling of renewable energy, widespread electrification of buildings and transportation, [and] stopping the expansion of fossil fuel infrastructure.”

Elite academics produce studies that provide ammunition to the NGO-corporate-industrial-climate complex. Last year, in an article published in the left-wing magazine Mother Jones, Jesse Jenkins, an assistant professor of mechanical and aerospace engineering at Princeton University, claimed, “We now have the potential to rebuild a better America.”



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Doing so, he explained, will require a much larger electric grid with “up to 75,000 miles of new high-voltage transmission lines by 2035.” That’s enough, he noted, to “circle the Earth three times.” He continued, saying the U.S. will also need utility-scale solar projects covering “an area the size of Massachusetts, Rhode Island, and Connecticut combined, and wind farms that span an area equal to that of Illinois, Indiana, Ohio, Kentucky, and Tennessee.”

Jenkins claims we can have a “better America” by covering an area the size of eight states with solar panels (most of which are made with Chinese components) and endless forests of massive, noisy, bird-and-bat-killing wind turbines. Put another way, the Princeton net-zero plan would require paving some 239,000 square miles (620,000 square kilometers) of land with solar and wind projects, and that doesn’t include the territory needed for all the high-voltage transmission lines that would be needed!

On its face, the notion is absurd.

Nevertheless, the scheme, published in 2020 and known as the Net-Zero America study, got positive coverage in major media outlets, including the New York Times.


Despite the cartoonish amount of land and raw materials it would require, the Princeton net-zero plan shows how renewable energy fetishism dominates today’s energy policy discussions. Nearly every large climate-focused NGO in America claims our economy must soon be fueled solely by solar, wind, and batteries, with no hydrocarbons or nuclear allowed. But those claims ignore the raging land-use conflicts happening across America — and in numerous countries around the world — as rural communities fight back against the encroachment of Big Wind and Big Solar.

Perhaps the most striking example of the environmental betrayal now underway is the climate activists’ support for installing hundreds, or even thousands, of offshore wind platforms on the Eastern Seaboard, smack in the middle of the North Atlantic Right Whale’s habitat. Last month, I published this video showing habitat maps and the areas proposed for wind development.



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Among the climate groups shilling for offshore wind is the Center for American Progress (gross receipts: $40 million), founded by John Podesta, who now serves as President Biden’s advisor on “clean energy innovation and implementation.” Last year, Podesta’s group published an article claiming “oil money” was pushing “misinformation” about offshore wind.

Rather than defend whales, the group claimed the offshore wind sector is “a major jobs creator and an important tool in reducing greenhouse gas emissions.” Who funds the Center for American Progress? Among its $1 million funders are big foundations, including Bloomberg Philanthropies, the Gates Foundation, and the Chan Zuckerberg Initiative. Two familiar names, Climate Imperative and ClimateWorks, each gave the group up to $500,000 last year. On the corporate side, the group got up to $500,000 from Amazon.com and Microsoft.

Now, let’s look at the Sierra Club (gross receipts: $184 million), a group whose mission statement states that it aims “To explore, enjoy, and protect the wild places of the earth.”

Alas, protecting wild places doesn’t include our oceans. In March, Ben Jealous, the executive director of the Sierra Club, defended the offshore wind industry, claiming that “fossil fuel industry front groups” were trying to make “whales and other marine species a cultural wedge issue.” He also claimed that “disruptions in the whales’ feeding patterns, water salinity, and currents are likely the result of climate change,” adding that “climate change perhaps is the largest overriding problem, and our transition away from fossil fuels to clean energy the solution.”

Just for a moment, imagine what Podesta’s group, or the  Sierra Club, would be saying if those scalawags from the oil industry were planning to put hundreds of offshore platforms in the middle of whale habitat. The wailing and gnashing of teeth would be audible from here to Montauk. Those NGOs would be running endless articles about the dangers facing the Right Whale — of which there are only about 360 individuals left, including fewer than 70 “reproductively active females.” But since the industry aiming to industrialize vast swaths of our oceans has been branded as “clean,” the response from the Sierra Clubbers has been, well, crickets.

If the climate groups are seriously concerned about reducing emissions, they would be clamoring for the increased use of nuclear energy, the safest form of zero-carbon electricity generation. It also has the smallest environmental footprint. But the Sierra Club, in its own words, “remains unequivocally opposed to nuclear energy.” Furthermore, leaders at the Natural Resources Defense Council (gross receipts: $548 million) cheered in 2021 when the Indian Point nuclear plant in New York was prematurely shuttered. What does NRDC claim we can use to replace nuclear? Offshore wind, of course.

The punchline here is obvious: it’s time to discard the shopworn label of “environmentalism.” The NGOs discussed above, and others like them, are not environmental groups. Their response to the specter of catastrophic climate change will require wrecking our rural landscapes, the killing of untold numbers of bats, birds, and insects, and industrializing our oceans with large-scale alt-energy projects.

America needs a new generation of activists who want to spare nature, wildlife, and marine mammals by utilizing high-density, low-emission energy sources like natural gas and nuclear energy. We need advocates and academics who will push for a weather-resilient electric grid, not a weather-dependent one. Above all, we need true conservationists who promote a realistic view of our energy and power systems. That view will include a positive view of our place on this planet, a view that seeks to conserve natural places, not to pave them.

https://robertbryce.substack.com/p/environmentalism-in-america-is-dead?r=ownpk&utm_medium=ios&triedRedirect=true

49
Politics & Religion / Squishes Get Squashed
« on: May 25, 2024, 05:53:55 PM »


Trump has a Republican problem
The public wants a winner. FJB and Republican senators are losers
MAY 24, 2024

Philip Bump of the Jeff Bezos-owned Washington Post reported, “Why Biden is underperforming Democratic Senate candidates.”

Of course he got the story bass-ackwards. He wouldn’t be at the Bezos Post if he got the story right. Biden isn’t underperforming. Republican senators and congressmen are.

Inflation is at 40-year highs. Millions of drug mules, child sex traffickers, murderers, spies and terrorists have infiltrated the country. We’ve had to take shots that we were told were vaccines but aren’t. We’ve lost wars in Afghanistan and Niger — yes, Niger kicked us out and took over a brand-new military base we built. We’ve backed terrorists who raped and killed Israelis. We’ve thrown billions to that loser Zelensky.

Republicans have a rock star presidential candidate who is peeling black and Hispanic votes from Democrats. They should be enjoying wide leads in Senate races.

Nope.

In state after state, Trump is up and the Republican Senate candidate is down.

In Arizona, it is Trump +6, the Republican Senate candidate -13.

In Nevada, it is Trump +13, a tie in the Senate race.

In Pennsylvania, it is Trump +3, the Republican Senate candidate -3.

In Wisconsin, it is Trump +1, the Republican Senate candidate -7.

The problem for Trump is that the down ballot may bring him down because most Republicans are seen as incompetent among independents and untrustworthy among conservatives.

Most Republicans in DC are unworthy of our trust. We sent them to repeal Obamacare. 14 years later, it is still standing.

We sent them to build the wall. They didn’t.

We sent them to support Trump and some of them voted to impeach him.

Bump stumbled across a salient point in his column about that Arizona Senate race between Democrat Ruben Gallego and Republican Kari Lake:

Biden and Gallego get about the same level of support across the state. Biden is at 47 percent and Gallego is at 49%. The difference is on the Republican side, where Trump gets 52% to Lake’s 36%.

Trump cannot carry Lake because, well, she has become a McCain Republican who backed banning abortion until it hurt her in the polls.

And yes, abortion is hurting Republicans because the fear of a national ban on abortion (which we’ve never had) is real. Dobbs turned the issue back over to states like it was in 1973, but Republicans failed to realize that after 50 years of calling abortion a right, people started believing that. The easiest way to deal with abortion is to support letting states decide, which Trump is saying..

Thus, abortion is not hurting Donald Trump, whose trio of justices made Dobbs reality. The main difference between him and most Republican candidates is that he actually accomplished something in politics. The economy was better under him and not only did we have peace, we had an absence of fear.

By that I mean, we were not headed to World War III. Muslim nations signed the Abraham Accords with Israel. Putin was not bothering his neighbors as he was under Obama. Trump met with Kim Jong Un.

Bump’s fear about Trump carrying the party was encouraging. Bump wrote:

As Election Day gets closer, they’re more likely to catch up to Trump’s levels of support than Trump is to descend to theirs.

In other words, while it’s still fair to say that the CBS poll offers good news and bad news for Democrats, the bad news seems a lot more stable than the good news. There and in the other swing states, it seems more likely that the good news for Democrats will flip than it does that the bad news will.

Trump helped save a Republican Senate majority in 2018’s midterm election. The party actually had a net gain of two seats. I hope for his sake he not only carries Arizona, Minnesota, Nevada, Pennsylvania and Wisconsin but that he carries the Republican losers in their Senate races to victory because I still hold out the hope that conservatives can wrest control of the Republican caucus in the Capitol from the RINOs.

The New York Times though believes Democrat Senate candidates can save FJB.

NYT, reporting on its polling in 6 states, said, “The results in the presidential race would have been surprising a year ago, but it’s hard to call them surprising anymore. Donald J. Trump leads in five of the six states among likely voters, with Mr. Biden squeaking out a lead among likely voters in Michigan. Mr. Trump’s strength is largely thanks to gains among young, black and Hispanic voters.

“What’s more surprising is the U.S. Senate results. This is the first time we’ve asked about Senate races this year, and the Democratic candidates led in all four of the states we tested: Pennsylvania, Wisconsin, Arizona and Nevada.

“Not only do Democrats lead, but they also seem to do so in an entirely customary way, with ordinary levels of support from young and nonwhite voters, even as Mr. Biden struggles at the top of the ticket.”

The reality is, Biden is as big a drag on Democrats as Carter was in 1980. Not only did Reagan win in a landslide, Republicans gained 12 Senate seats.

Samantha-Jo Roth of the Washington Examiner reported, “Democratic Senate candidates in critical swing states are running well ahead of President Joe Biden and lead their Republican rivals, but Pennsylvania Senate Republican candidate Dave McCormick believes he’s got a plan to ensure the commonwealth turns red for both himself and former President Donald Trump.”

McCormick said, “Bob Casey has been the status quo; he’s voted with Biden 98% of the time. I’ve made huge progress on people getting to know me and that is being reflected in the polls.”

Republicans need to do that and they also need to show support for Trump. Otherwise it is 1972 all over again when Nixon took 49 states and Republicans had a net loss of two Senate seats. That was the year Biden first got elected by ousting a Republican incumbent senator.

https://donsurber.substack.com/p/trump-has-a-republican-problem?r=1qo1e&utm_campaign=post&utm_medium=email&triedRedirect=true

50
Politics & Religion / 3 Million Pages Plus of Biden Skullduggery
« on: May 25, 2024, 05:19:18 PM »
As Just the News sorts through this trove it’ll be interesting to see what all emerges:

Exclusive: Feds secretly knew for years Joe Biden met with son’s Chinese partners on official trip

Federal agents gathered evidence during the 2016 election that Hunter Biden had used access to his father on an official government trip to Beijing aboard Air Force Two to connect prospective Chinese business partners with then-Vice President Joe Biden, according to a massive cache of documents recently turned over to Congress and obtained by Just the News.

"They got to meet Dad. All very good. Talk later,” Hunter Biden wrote in a December 2013 email confirming how he connected his Chinese associates with his father in a Beijing hotel after the vice president had met with Chinese President Xi Jinping.

The younger Biden also bragged in his emails that his father was so enamored with China's communist leader that "I think they are in love with each other," the emails showed.

"They all most kissed on departure,” Hunter Biden wrote in one of the emails seized by federal agents.

The previously nonpublic communications were among 3.3 million pages of emails, bank records, and corporate memos that FBI, IRS, and Securities and Exchange Commission agents collected in 2015 and 2016 with subpoenas during a criminal investigation into a fraudulent bond scheme involving a Native-American tribe.

The younger Biden wasn't charged in that case, though several of his business partners were. But agents in that probe did gain extensive access to Hunter Biden's bank files, corporate records, and communications, including some that were not located on the first son's now infamous laptop that would be seized by the FBI in 2019 and become a subject of political controversy a year later.

The evidence, recently secured by the House Oversight Committee in the impeachment probe of President Joe Biden, shines new light on how Hunter Biden sought to cash in on his family's famous name overseas -- sometimes in the vapor trail of his father's official duties. It also substantiates impeachment inquiry testimony from former Hunter Biden business associates Devon Archer and Jason Galanis, lawmakers told Just the News.

“The only reason Joe Biden wanted to kiss President Xi was because state-affiliated companies were about to line his family's pockets with foreign wires and lucrative business opportunities," said House Oversight Committee Chairman James Comer, who is leading the current impeachment inquiry.

"This is another example of the same formula demonstrated through our Committee’s investigation into the Biden Family’s influence peddling operation: Hunter Biden sets up meetings with the foreign businessman, Joe Biden meets them at Hunter’s direction, and the Biden family receives substantial payments in return. Rinse and repeat,” Comer added.

Biden has consistently denied any involvement with Hunter's Chinese business associates, and an incurious U.S. media refused to delve into it. For his part, Hunter Biden called the issue part of the "Trump attack machine." Pro-Biden media outlets like Politico parroted the White House's line that the laptop was part of a "Russian Disinformation" scheme.

Another lawmaker who launched one of the earliest investigations of the Biden family's business dealings said the new evidence was shocking for another reason: it divulges how much government agencies knew about the Biden family's various foreign business exploits long before they became a controversy during the 2020 presidential election.

“I was always suspicious that the FBI, the Department of Justice had walled Hunter Biden off of that Indian fraud prosecution to protect him and protect Joe Biden,” Sen. Ron Johnson, R-Wis., told Just the News on Thursday. "I think that was maybe the first sign of corruption way back in 2013."

"The FBI apparently had some, at least reasonably incriminating or suspicious evidence against Hunter, and they buried it, and they've kept it buried until it just was revealed right now," he added.

Abbe Lowell, lawyer for Hunter Biden, did not respond to email and text message requests for comment.

Hunter Biden's trip aboard Air Force Two has been known for years. But the new documents divulge fresh details about what happened on that 2013 trip, Hunter Biden's observations of his father's ties to China, and the fact that federal law enforcement has known for years that Hunter Biden was connecting his father to the foreigners he was soliciting for business, something the Biden family originally denied.

The first son admitted in his deposition to the House Oversight Committee in February that Joe Biden in fact met with his Chinese partners.

Just the News obtained several emails from the federal investigation's repository showing that Hunter Biden arranged the meeting in Beijing in 2013 with Chinese-based partner Jonathan Li and his father right after the then-vice president finished meeting with Xi. The meeting was not impromptu, but rather set up in advance, the emails showed.

“I arrive around 12- head to embassy then great hall for arrival ceremony. Staying at St. Regis- I will touch base when I land,” Hunter Biden wrote to Li on Dec. 4, 2013.

“Hope I can see u this time!” Li replied.

“Yes - we will make it work- lets plan on you guys coming over to St. Regis around 7:30 tonight. I don't know exactly when I'll be back but it should be around then- and I'd like to introduce you to my Dad. Also I am here until 4PM tmrw- again not sure what I am going to attend with Dad but will have better idea by tonight,” Hunter informed his partner, seemingly eager to arrange the meeting.

Li agreed to join Hunter Biden at his hotel and said he would bring two of his associates, the emails show.

“Meetings are running late- which means dinner w/ X will be pushed back so I think it is more likely that I will be back to hotel around 8:30 now. I'll keep you updated,” Hunter Biden informed Li after some time had passed.

“No problem. We are having dinner in a restaurant beside your hotel. You hotel is closed, so you need to have someone to meet us when you are back,” Li replied.

You can read that email below:

File
DEC2013_HB_Li_Re- Connecting in Beijing.pdf
Later than same evening, Devon Archer emailed Hunter Biden to ask if the Bidens had met with Li.

“Did you end up meeting Jonathan?” Archer asked.

“Yes- and they got to meet Dad. All very good. Talk later,” Biden replied, confirming the meeting between Li and the vice president took place.

“[G]reat!  have a good day over there,” Archer wrote back.

“Dinner w/ Xi was pretty amazing. They (Xi and JRB) were supposed to spend 2hrs together. It stretched to 7hrs. I think they are in love with each other. They all most kissed on departure,” Biden wrote, describing the meeting between his father and President Xi Jinping, who had been chosen for the role earlier that year.

You can read that email below:

File
DEC2013_HB_Archer_Re-Beijing.pdf
During the 2020 presidential campaign, then-candidate Joe Biden repeatedly denied having any interactions with his son’s business associates. Joe Biden has continued to maintain these denials as president, even recently after his son confirmed several meetings with business partners.

“I did not interact with their partners,” Biden told reporters in March.

“I have never discussed with my son or my brother or anyone else anything having to do with their business, period," he said on the campaign trail in August 2019.

But, his own son contradicted the president’s denials when he appeared before the House Oversight Committee for his deposition earlier this year as part of the ongoing impeachment inquiry into his father.

“When we returned from an event to the hotel, there was a rope line, and Jonathan Li was in the lobby of the hotel where I was going to meet him for coffee. In that line I introduced my dad to Jonathan Li and a friend of his, and they shook hands and I believe probably took a photograph. And then my father went up to his room, and I went to have coffee with Jonathan Li,” Hunter Biden told investigators, describing the meeting which was chronicled in the emails.

“I was working with Jonathan on a potential that he had an idea for creating a private equity fund based in China to do cross-border investments,” the younger Biden explained.

File
Hunter_Biden_Transcript_Redacted.pdf
The new evidence makes clear that the FBI and other law enforcement knew as early as 2016 that Hunter Biden planned for his father to meet Li, with whom he was worked to establish a new fund.

Biden, Li, and Archer had signed a memorandum of understanding to form a new venture in November 2013, the month before Vice President Biden’s official trip to China. Twelve days after the Bidens met with Li, the joint venture—BHR Partners—was officially registered in the country, the Wall Street Journal reported.

https://justthenews.com/accountability/political-ethics/feds-knew-2016-hunter-connected-his-chinese-business-partner-his

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