July 4, 2022
Afternoon Update:
Contra Nisky Guy (see below) (well, not really contra), Paul Waldman of the Washington Post has had it with the vaunted Founding Fathers: "And now it's time for us to declare our own independence, from Founding Father fetishism.... As we've seen recently, the American right has found in the framers an extraordinarily effective tool with which they can roll back social progress and undermine our democracy.... It has gone from an affectation to a weapon, and a brutally effective one.... Originalism was a scam from the start, a foolproof methodology for conservatives to arrive at whatever judicial result matches their policy preferences.... This is the conceit of today's right: The Founders were essentially perfect, and only we conservatives are capable of interpreting their will.... I've never been more fearful for the future of America than I am today; there are good reasons to believe that the democracy we began to fashion two and a half centuries ago may not survive the next decade." ~~~
~~~ Marie: There is a reason confederate judges turn to the Founding Fathers for all interpretations of the Constitution & laws: the founders were white, propertied, Christian men whose property included their chattel wives & enslaved men, women & children. They had little respect for the environment & no experience in running or living under a centralized government. So they were inclined to give short shrift to the rights of the rest of us & to many matters that can best be organized & regulated by a national government at a time when we can all move from state to state in a matter of hours, not days, and technology connects us in seconds.
Patrick Kingsley & Lara Jakes of the New York Times: "The bullet that killed Shireen Abu Akleh, the Palestinian American journalist shot in the occupied West Bank in May, was most likely fired from Israeli military lines but was too damaged to say for sure, the State Department said on Monday. The damage to the bullet made it difficult to draw a definitive conclusion about the gun it was fired from, according to a State Department statement. But shots fired from the position of the Israel Defense Forces were 'likely responsible for the death,' it added.... Palestinian officials have said that Ms. Abu Akleh was intentionally killed by an Israeli soldier. The Israeli government ... [has said] that she was hit by either an Israeli soldier or a Palestinian gunman. Israeli officers have said that an Israeli soldier from Duvdevan, an elite unit, fired in Ms. Abu Akleh's direction, but that it was impossible to determine who shot her without examining the bullet."
Stephanie Kirchgaessner of the Guardian: "A US judge has asked the Biden administration to weigh in on whether Mohammed bin Salman, the crown prince of Saudi Arabia, should be granted sovereign immunity in a civil case brought against him in the US by Hatice Cengiz, the fiancee of Jamal Khashoggi, the journalist who was killed by Saudi agents in 2018. John Bates, a district court judge, gave the US government until 1 August to declare its interests in the civil case or give the court notice that it has no view on the matter. The administration's decision could have a profound effect on the civil case and comes as Joe Biden is facing criticism for abandoning a campaign promise to turn Saudi Arabia into a 'pariah'."
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Nisky Guy has become an originalist! And it turns out that can be a good thing. See the top of today's Comments.
Marie: So the news I'm starting with today involves a president* who tried to toss the will of the people, how police are using women's phone records to prosecute them for getting abortions, Akron cops shot a Black man 60 times, & Russia won the battle for another Ukrainian city. Happy "Independence Day"!
Peter Baker of the New York Times: "... nearly two and a half centuries after the 13 American colonies declared independence from an unelected king, the nation is left weighing a somber new view of the fragility of its democracy -- and the question of what, if anything, could and should be done about it.... For a year and a half, [Donald] Trump has been shielded by obfuscations and mischaracterizations, benefiting from uncertainty about what he was thinking on Jan. 6, 2021.... But for a man who famously avoids leaving emails or other trails of evidence of his unspoken motives, any doubts about what was really going through Mr. Trump's mind on that day of violence seemed to have been eviscerated by testimony presented in recent weeks by the House committee investigating the Capitol attack.... More than perhaps any insider account that has emerged, the recollections of ... Cassidy Hutchinson demolished the fiction of a president who had nothing to do with what happened."
Benjamin Siegel & Mariam Kahn of ABC News: "The Justice Department should not avoid prosecuting Donald Trump in relation to the Jan. 6 Capitol attack if a prosecution is warranted, Rep. Liz Cheney said in an interview with ABC News' 'This Week' co-anchor Jonathan Karl. While bringing charges against the former president -- who may challenge President Joe Biden in 2024 -- would be unprecedented and "difficult for the country, not doing so would support a 'much graver constitutional threat,' Cheney said Wednesday in an interview at the Ronald Reagan Presidential Library that aired Sunday on 'This Week.'" ~~~
~~~ Marie: I'm sick of hearing that to prosecute Trump would turn the U.S. into a banana republic. What turned the U.S. into a banana republic were Trump's attempts to overturn the 2020 election results, not the prospect of holding him responsible for his actions.
Hope Yen of the AP: "More witnesses are coming forward with new details on the Jan. 6 U.S. Capitol riot following former White House aide Cassidy Hutchinson's devastating testimony last week against ... Donald Trump, says [Adam Kinzinger (R-Ill.),] a member of a House committee investigating the insurrection.... The next hearings will aim to show how Trump illegally directed a violent mob toward the Capitol on Jan. 6, and then failed to take quick action to stop the attack once it began. Over the weekend, Rep. Liz Cheney, R-Wyo., the committee's vice chair, made clear that criminal referrals to the Justice Department, including against Trump, could follow."
Sharon Lerner of the Intercept (June 30) on how Charles Koch bought the Supreme Court's decision to restrict the EPA: "To ensure further growth of his riches even as science showed that the continued use of fossil fuels would accelerate climate disaster, Koch has funneled some of his vast fortune into an extraordinary network of political front groups, lobbying efforts, think tanks, and activist networks that aim to stifle climate action. For decades, the Kochtopus, as some call his many-tentacled political influence machine, has sought to undermine not just the environmental regulation in Koch Industries' path but also the science and philosophy of government on which it is based.... Americans for Prosperity, an astroturf political group founded by Charles Koch and his brother David, conducted extraordinary campaigns to put [Gorsuch, Kavenaugh & Barrett] on the highest bench.... The case itself can also be tied directly to Koch. The challengers are 27 Republican attorneys general, who were supported by the Koch-funded Republican Attorneys General Association."
Cat Zakrzewski, et al., of the Washington Post: "Women have been punished for terminating pregnancy for years. Between 2000 and 2021, more than 60 cases in the United States involved someone being investigated, arrested or charged for allegedly ending their own pregnancy or assisting someone else, according to an analysis by If/When/How, a reproductive justice nonprofit. If/When/How estimates the number of cases may be much higher.... A number of those cases have hinged on text messages, search history and other forms of digital evidence."
Beyond the Beltway
Ohio. Andres Simakis, et al., of the Washington Post: "Police released body-camera footage Sunday showing officers firing dozens of rounds at a Black man who left his car while fleeing a traffic stop one week ago, a killing that has sparked outrage, investigations and demands for accountability. Akron Police Chief Stephen Mylett said he did not know the exact number of rounds fired at Jayland Walker, 25. But, Mylett added, the medical examiner's report indicates more than 60 wounds on Walker's body.... Evidence indicates that Walker had fired a gun during the car chase, Mylett said.... Among the images polic displayed Sunday were those of a gun that they said they found in his car, beside a loaded magazine.... Police tried to stop Walker's Buick about 12:30 a.m. June 27 for investigation of an unspecified traffic violation and chased him when he did not pull over, the Akron Police Department said. Shortly after an officer said he heard a gunshot come from the Buick, Walker jumped out of the car and ran into a parking lot, with officers following -- and eventually firing."
Way Beyond
Ukraine, et al. The Washington Post's live updates of developments Monday in Russia's war on Ukraine are here: "Ukrainian forces on Sunday announced their withdrawal from the eastern city of Lysychansk -- their final foothold in the Luhansk region -- in a crucial loss that gives Moscow access to capture much of the rest of eastern Ukraine. The Ukrainian military said continued defense of the city would have fatal consequences, given the Russian troops' 'advantage' in 'artillery, aviation, ammunition and personnel.' President Volodymyr Zelensky vowed in his nightly address that Ukraine would return to Lysychansk.... Russia on Sunday shelled several cities in the Donetsk region, which neighbors Luhansk. In the town of Slovyansk, six people were killed and 20 wounded, officials said.... Australian Prime Minister Anthony Albanese on Saturday expressed shock at the destruction in Ukraine during his first visit to the country. He was taken to Bucha, Hostomel and Irpin, where Russian forces were accused of deliberately killing civilians and other war crimes." ~~~
~~~ The New York Times' live updates for Monday are here.
Thomas Gibbons-Neff, et al., of the New York Times: "The last major city held by Ukraine in the heavily contested eastern province of Luhansk has fallen, military officials on both sides said Sunday, giving Moscow a milestone victory in its campaign to capture the Donbas, the mineral-rich region bordering Russia that has long been in President Vladimir V. Putin's sights. The industrial city of Lysychansk, on a rise overlooking the Siversky Donets River, had held out for a week after Russia seized control of Sievierodonetsk, its twin city across the river. But as Russia inundated Lysychansk with artillery fire and strangled its supply lines, building on months of bombardment and weeks of ferocious street fighting that reduced both cities to grayed-out husks, Ukrainian defenders were forced to retreat.... Western military analysts had expressed little doubt that Moscow would eventually prevail in the twin cities, but with their loss undeniable, pressure redoubled on the United States and its allies to get the more powerful weapons they have promised Ukraine to the front."
News Lede
AP: "At least six people died and 24 were wounded in a shooting at a July Fourth parade in the Chicago suburb of Highland Park, and officers are searching for a suspect who likely fired on the festivities from a rooftop, police said Monday. Highland Park Police Commander Chris O'Neill, the incident commander on scene, urged people to shelter in place as authorities search for the suspect. Lake County Major Crime Task Force spokesman Christopher Covelli said at a news conference that the gunman apparently opened fire on parade-goers from a rooftop using a 'high-powered rifle' that was recovered at the scene.&" The report has been updated. ~~~
~~~ According to CNN, the shooter is believed to be a white male, aged 18-20. ~~~
~~~ New York Times live updates of developments are here. @ about 6:04 p.m. ET: ** "Deputy Chief Christopher Covelli of the Lake County Sheriff's Office said at a news conference that the police are looking for Robert E. Crimo III, 22, in connection with the shooting. He is believed to be driving a 2010 silver Honda Fit with Illinois license plates, Covelli said, and is 'from the area' and goes by the name 'Bobby.'" ~~~
~~~ ** 17:52 pm ET, Highland Park police gave a brief news conference & said police had located the suspect in his vehicle in Lake Forest, a suburb not far from Highland Park; the suspect left his car & a brief chase ensued after which the police took him into custody & arrested him. I'll get up a real news report ASAP. ~~~
~~~ Here's the initial NYT update: "Chief Lou Jogmen of the Highland Park Police said that Crimo had been spotted in his car by a North Chicago police unit. When the police tried to stop him, Crimo fled, leading officers on a brief chase, before they were able to stop him and take him into custody, Jogmen said. Crimo was being taken to the Highland Park Police Department, he said."
~~~ Marie: In almost every mass murder, there are multiple mass murderers, too, or at least accessories before the fact: the Second Amendment fetishists in Congress & statehouses who regard their gun lobby money as way more important than the lives of innocent Americans. Ditto the Supremes for their support. I wonder if Sen. John Thune (R-S.D.) thinks shooting parade-goers from a rooftop is a lot like shooting prairie dogs on the back 40.
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My originalist birthday wish for our country:
1. An historically balanced Senate. In 1790, the population in Virginia, the largest state, was 12.66 times the population of Delaware, the smallest state. Now the differential between California and Wyoming is 66.1. Wyoming should get two senators (or one), California should get ten senators (or five), and fill in the rest in an equitable manner. Wyoming voters would still have twelve times the voting power in the senate, so quit whining.
2. A right to own however many firearms that were available in 1790. Any firearms and ammunition not available at the founding can be regulated or restricted, for the health and welfare of the nation.
3. Clearly lay out what "by and with the Advice and Consent of the Senate" means. I haven't combed through the Federalist Papers, but I doubt the Founders had in mind the Senate putting party before Country and blocking nominations to agencies and the Supreme Court.
And a final wish in the present day: Enforce the laws. Put coup plotters in jail.
To add to Nisky's list let us address the free exercise of religion.
"In a single week in late June, the conservative Justices asserted their recently consolidated power by expanding gun rights, demolishing the right to abortion, blowing a hole in the wall between church and state, and curtailing the ability to combat climate change. The Court is not behaving as an institution invested in social stability, let alone in the importance of its own role in safeguarding that stability. But what if its big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision? As people harmed by one aspect of its agenda look to other aspects of it to protect them, the Court may not be altogether pleased with where that process leads." J.S. Gersan
For instance: The abortion ban violates the right of Jew's freedom of religion in the most intimate decisions of their lives. A synagogue in a Florida Court filed a suit challenging this and states that Jewish laws stipulate that life begins at birth, not before, and requires the mother to abort if there is a risk to her health OR emotional well being. Thus––the abortion ban infringes on Jewish free exercise of religion.
Oh, Supremes! Not Christian to ignore others' rights but you go ahead and keep on keeping until your keepers put you in the kind of bubble that's bound to burst!!!
Marie,
I’ve been hearing those same ridiculous straw man arguments against prosecuting the Fat Fascist: “Oh, we can’t do that! We don’t want to be like one of those authoritarian countries where it happens all the time that the current strongman puts the previous strongman in prison on (excuse, please) trumped up charges.”
*Sigh*. Okay. First, how do we get from “once” to “all the time”? Second, and more importantly, we’ve never had an out and out traitor as a president*, a guy who called on armed thugs to murder the Vice President so he could continue his reign of treason. We’ve had crooks, dummies, and racists in the White House, but never anyone remotely like Trump.
This is one of those phony arguments that goes from a reasonable position and extends it out past anything close to the starting point. Like how calls for the most tepid gun regulations morph into “taking all the guns”. Or how an insistence on true freedom of religion, as guaranteed in the Constitution, including the freedom not believe in any religion, becomes a war on Christians.
Not to indict, prosecute, and (hopefully) imprison this would-be dictator would be a mockery of everything important in American public life. So keep the straw men in the barn with the horse shit.
Last night I rewatched the final episode of Ken Burns’ amazing documentary, “The War”. At one point, military personnel who were part of allied forces that first entered the Nazi death camps (as opposed to those like a former president who fantasized that he was there), talked about the astonishing horrors they saw, and recalled their reactions to the industrialized killing machine that Hitler had brought into being.
Then I thought about how every month or so, some R character running for office comes out and declares Hitler to have been a pretty great guy. The Fat Fascist referred to Nazis as “good people”.
Just watching the images of those poor buggers who were lucky enough to have survived the horror makes one ill, sick at heart. But even sicker still when thinking that the originator of those horrors and those millions of murders is considered an icon to be looked up to by many on the right.
And there are still all those Holocaust deniers out there. Also on the right.
And the Supreme Court is making sure that their votes count for more than yours.
Ezra Klein’s latest podcast, a conversation with Kate Shaw, lays bare the contradictory excuse hunting (I won’t call it reasoning) of the Roberts page vomit striking down key portions of the Voting Rights Act vs. the Thomas shitbowl striking down the 100+ year old NY gun law. It’s an engaging listen. “Wherever you get your podcasts…”
Was discussing some of the last week's events with my older son this AM and made the point that a major difference between some of those SCOTUS decisions later criticized and reversed like "Dred Scott" and "Plessy vs. Ferguson" were likely popular in their time, but what our retro-Court is now up to with guns, environmental regulations, voting r and women's rights are definitely not.
Which leads one to ask: What are they thinking?
My answer: They're not.
Ken,
What are they thinking? They’re thinking “We are in charge now and we are going to strip these liberal bastards of every right they think they have. We don’t care about precedence or law or justice or the Constitution, except insofar as those can all be twisted in our favor. They think this year was bad? Wait til our next session. We own the court, pretty soon we’ll own Congress and our pals in the state legislatures will see to it that if Biden or some other Democrat wins the White House in 2024, that result will be overturned. Soon, we’ll own it all. “
That’s what they’re thinking.
And they’re not far off.
Originalism as Science
Confederate traitors insist that fealty to their conception of originalism in interpreting the Constitution must always, always prevail.
They demand that the legalistic approaches to social structures and norms in 1791 be applied in an absolutist manner.
Except…
Except where it doesn’t work for them. Ooops. Consistency in approach? Nope. Not if it causes problems.
Even though plenty of their white supremacist supporters would love to see black Americans back in chains, that wouldn’t work for confederates pretending to worship Freeeedom!
And sure, originalist pretensions should, if applied fairly and consistently, discount any arms more lethal than single shot blunderbusses.
Yeah, right.
But what about science? Wingers routinely dismiss modern scientific discoveries. What if we applied their same originalist bullshit to science? And by originalist, I don’t mean devil spawn blasphemers like Copernicus and Galileo. Let’s get ORIGINAL!
Just imagine, were we (or the morons amongst us) to insist on the generally accepted science of 400 to 300 BCE.
Shit, let’s insist on the generally accepted science of 300 CE, or even 1700 CE.
We would be, to put it bluntly, fucked.
But this is the condition the Traitors demand for us with their con artist, cherry picked originalist social and legal bullshit today.
To back up his assault on Roe, Hit Man Sam drew on some crazy-ass 12th C hyper religious folderol. But when it came to their evisceration of New York’s gun control statutes, they sniffed that history was sacrosanct. Okay. So then the dissenters brought forth a statute that existed in England for 400 years, up until the 18th C that ruled against arms being flaunted—or carried—in public, in many areas. The Traitors blew this off. Hmmph. Never in ‘merica. But it’s an absolute fact that plenty of American towns in the Wild West demanded that townspeople and visitors disarm within town limits. For very good reasons.
Sorry, sed the Court’s gun knobbers. Never heard of that. Guns for everyone!
But if you’re gonna base your opinions on history, but ignore history that doesn’t help your position, then you’re just a hypocritical asshole.
Luckily for us, these retro douchebags can’t roll back science to a century that suits them.
I guess now, they’ll just make scientific advances that don’t support their fascist, Christian theocratic worldview illegal.
Oh, unless science finds a better way to kill people more quickly.
They’ll love that.
Olivia Rodrigo and Lily Allen at the Glastonbury music festival:
https://youtu.be/Fpc40dmPlVM
Concise, to the point, naming names.
A good Fourth here with family, two of whom (one son's 6 and 8 year old boys were left behind with us for the week), topped off with home made strawberry shortcake and this deliciously, if unintentionally, funny piece from the WAPO.
As I wrote a few weeks back: Grifters and their marks, a marriage made in Republican Heaven.
https://www.washingtonpost.com/politics/2022/07/04/trump-cease-desist-fundraising/