U.S. Constitution

The Suicide Pact as a Political Argument

#PutiPoodle | #WhatTheyVotedFor

Contemplation of Justice

This is an interesting starting point:

If the Justice Department and the FBI knowingly used an unreliably biased witness to win a FISA warrant against Carter Page, violating his civil liberties in the process, you would therefore expect that there are some judges on the FISC who are concerned. They, after all, are the ones who were misled. They are the ones who signed warrants and renewals based on shoddy information. Conversely, if the judges on the FISC are not hopping mad, you might take that as evidence that they don’t, in fact, feel misled and that the Justice Department and FBI conduct was, after all, reasonably within the obligations of lawyers and investigators before the court.

(Wittes)

One particularly difficult aspect of the #TrumpRussia scandal is the manner in which the context of dispute overshadows history itself. It is telling, in comparison, that Democrats have come to defend and advocate the individual mandate, but also that Republicans and conservatives turned on their own idea; at some point, we ought to take the note about insincerity. It has, for years, also been true that a liberal political relationship to law enforcement is fraught, to say the least; but it is also true that conservatives have simultaneously drummed up tough law-and-order talk while relying more and more on conspiracy theories denigrating and defaming law enforcement institutions. Naturally, the allegedly liberal party finds itself defending the law enforcement agency and agent that, to the one, undertook irregular actions wrecking the Democratic presidential candidate, and that alone ought to be boggling. To the other, if we set aside Donald Trump for a moment, the FBI is also the agency that reviews its own duty-related killings, and has found itself to be perfect, something like a hundred fifty out of a hundred fifty. Given a day in court to indict all the sleazy tactics of a powerfully effective eugenic “drug war” any liberal would find the FBI in line to defend the necessity of allowing law enforcement to behave that way. Yet the spectacle continues apace, with Republicans hollering until they wheeze and Democrats breathlessly defending one of the most controversial law enforcement agencies on the planet. Without this extraordinary, self-inflicted presidential scandal requiring our priority, what is up with the Federal Bureau of Investigation, anyway? Federal law enforcement is still law enforcement.

Just as Democrats finding themselves rallying to defend the individual mandate ought to be significant of something about how we reached this point, or Jade Helm leaving liberals to consider posturing an ostensible general defense of the American military; or, if we can remember back to 2009, the conservative roll from patriotism and the indignity of protesting against the president to the patriotic necessity of threatening the president with firearms; or, hey, we might consider decades of conservative conspiracism including the National Rifle Association, and then wonder whether it will be law enforcement or the military confiscating the guns; so, too, might we wonder at the trend of conservatives behaving so badly that others need to do their jobs for them.

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Something About Dignity and Filthy Mouths (Class Warfare Edition)

[#resist]

Senate Finance Committee Chairman Orrin Hatch (R-UT), left, is flanked by House Speaker Ryan (R-WI), right, while signing the American Manufacturing Competitiveness Act of 2016, on Capitol Hill, 18 May 2016, in Washington, DC. (Photo by Mark Wilson/Getty Images)

This is, thematically, more than simply important; it is basically the right-wing game:

Hatch had an opportunity to defend his proposal on the merits and/or explain why he disagreed with the non-partisan assessments, but he chose instead to make this personal. The Utah Republican is apparently under the impression that his upbringing matters, and factual descriptions of his legislation don’t.

(Benen)

This is standard Republican fare; they cannot defend the policy, so they pitch a fit about dignity, instead.

So damn old.

No, really, look, conservatives have this thing, like wanting to talk shit about other people but pretending offense at the notion they have a filthy mouth, and the thing is that in this dualistic societyα, people will line up to the tune of forty to forty-five percent, reflexively, just because. And the rest they can scrabble after, especially if forty-six percent, or so, will win.

What, does nobody remember when the wealthy bawled about class warfare just because Americans elected a black man?

Well, here’s the class warfare they wanted.

No, really, this is #WhatTheyVotedFor.

____________________

α Americans are post-Christian, and have thus always been polarized. Left/Right; Liberal/Conservative; Good/Evil; God/Devil; man/woman; white/nonwhite; binary/nonbinary (yes, really); Christian/Everybody Else (yes, really). What is that we hear? Americans are more polarized than ever? That pretty much means we are being ourselves. The functional question—(function/dysfunction)—has to do with juxtaposing the Constitution for ourselves and our posterity against the proverbial suicide pact.

Image note: Senate Finance Committee Chairman Orrin Hatch (R-UT), left, is flanked by House Speaker Ryan (R-WI), right, while signing the American Manufacturing Competitiveness Act of 2016, on Capitol Hill, 18 May 2016, in Washington, DC. (Photo by Mark Wilson/Getty Images)

Benen, Steve. “A senatorial clash that explains what’s wrong with the tax fight”. msnbc. 17 November 2017.

Death and the Natural State

VIII. Adjustment.

This is the setup: The state of Arkansas wishes to execute eight people over the course of ten days in four doubleheaders of death overseen by a prisons regime that has never executed anyone at all, using drugs the state has never used before and have shown grotesquely problematic in neighboring Oklahoma, are about to expire, and, according to the manufacturers, do not appear to have been acquired legitimately. Rachel Maddow offered a six and a half minute overview last week.

That would have been Thursday evening. Friday and Saturday saw the whole plan come apart, with one execution stayed at least temporarily, and then a temporary restraining order against one of the intended execution drugs, compelling a federal court to halt all eight executions. This is Arkansas, though; NBC News brings the latest:

Lawyers for the Arkansas attorney general’s office worked feverishly on Saturday in an attempt to dismantle road blocks in the way of a historic spate of executions temporarily halted by court rulings.

Arkansas Gov. Asa Hutchinson had ordered the execution of eight men over 10 days because one of the state’s lethal injection drugs was set to expire at the end of the month, but a series of court rulings Friday and early Saturday put that schedule in jeopardy.

Arkansas Attorney General Leslie Rutledge made it clear the state was unwilling to concede.

The former Land of Opportunity, naturally, is very much distressed that the courts should meddle with its opportunity excuse for homicidal spectacle.

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The Problem With Republicans (Justice in Waiting)

Presumptive Democratic presidential nominee Hillary Clinton speaks to the General Conference of the African Methodist Episcopal Church during their annual convention at the Pennsylvania Convention Center in Philadelphia, Pennsylvania, 8 July 2016. (Photo: Charles Mostoller/Reuters)

“I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up.”

Sen. John McCain (R-AZ)

It’s not really a gaffe, is it? It’s an interesting headline from CNN: “John McCain: ‘I don’t know’ if Trump will be better for Supreme Court than Clinton”

Trump has released lists of 21 potential justices. He has pledged to choose from among those 21 when making Supreme Court selections, in a move that has earned him praise from conservatives, including his former rival in the Republican primary, Texas Sen. Ted Cruz.

Senate Armed Services Committee Chairman Sen. John McCain (R-AZ) listens to testimony by U.S. Forces-Afghanistan Commander and Resolute Support Commander Gen. John Campbell, on Capitol Hill in Washington, 4 February 2016. (Photo by Manuel Balce Ceneta/AP Photo)Asked on the Dom Giordano program on 1210 WPHT Philadelphia radio whether Trump was the superior candidate on issues like the Supreme Court, the Arizona senator replied, “Uh, first of all, I don’t know, because I hear him saying a lot of different things.”

Later in the interview, McCain used the opportunity to make the case for fellow Republican Sen. Pat Toomey, who is locked in a close battle to retain his Senate seat in Pennsylvania. McCain promised that Republicans would be “united against any Supreme Court nominee” put forth by Clinton.

“I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up,” McCain said. “I promise you. This is where we need the majority and Pat Toomey is probably as articulate and effective on the floor of the Senate as anyone I have encountered.”

Or, as Taylor Link fashioned the obvious lede for Salon:

Sen. John McCain is sure that if Democratic presidential nominee Hillary Clinton wins, the Senate will continue to be an obstructionist mess.

In a Monday interview, the senator from Arizona said that Republican nominee Donald Trump is not necessarily a better candidate than Hillary Clinton when it comes to appointing Supreme Court justices and “promised” that Republicans wouldn’t approve any Clinton nominee to the Supreme Court.

Couldn’t see that one coming, eh?

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The Donald Trump Show (Confiscate the Guns)

Donald Trump: "I would do stop-and-frisk. I think you have to. We did it in New York, it worked incredibly well and you have to be proactive and, you know, you really help people sort of change their mind automatically, you understand, you have to have, in my opinion, I see what's going on here, I see what's going on in Chicago, I think stop-and-frisk. In New York City it was so incredible, the way it worked. Now, we had a very good mayor, but New York City was incredible, the way that worked, so I think that could be one step you could do." (Photo: Carlo Allegri/Reuters, 2016)

“When Trump recently told African-American communities, ‘What do you have to lose?’ he neglected to mention the answer: Fourth Amendment rights.”

Steve Benen

Or, more specifically:

At a Fox News event this week, Donald Trump seemed to endorse taking “stop-and-frisk” policies to a national level to address urban crime. “I would do stop-and-frisk,” the Republican said. “I think you have to. We did it in New York, it worked incredibly well and you have to be proactive and, you know, you really help people sort of change their mind automatically.”

Of course, what Trump doesn’t seem to understand is that stop-and-frisk didn’t work “incredibly well” at all, and when challenged in the courts, the policy was ruled unconstitutional.

When Trump recently told African-American communities, “What do you have to lose?” he neglected to mention the answer: Fourth Amendment rights.

Nor is the punch line the whole of it. The msnbc producer continues:

Trump, who’s never demonstrated any real understanding of criminal-justice policy, apparently likes the idea of police being able to stop-and-frisk Americans―including those who’ve done nothing wrong and have been accused of no crimes―effectively at the discretion of individual officers. If the police find a gun, under Trump’s vision, it will be taken away.

In other words, the NRA’s favorite presidential candidate―the Republican who’s benefiting from millions of dollars in NRA campaign money and claims to be a great champion of the Second Amendment―is on board with a policy in which government officials approach random American pedestrians and confiscate their firearms without due process.

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A Moment Spent Dwelling on Failure

Clockwise from top left: Ryan Bundy, Ammon Bundy, Brian Cavalier, Peter Santilli, Shawna Cox, Ryan Payne and Joseph O'Shaughnessy, insurrectionists who participated in the 41-day takeover of the Malheur National Wildlife Refuge, in booking photos released 27 January 2016, by the Multnomah County Sheriff's Office.

And then there is the update we would, on balance, prefer to not give a damn about:

Anti-government militants who seized a federal wildlife refuge in Oregon earlier this year conspired to intimidate government workers and steal property, a heavily armed invasion that was not protected by the U.S. Constitution, prosecutors said on Tuesday.

Assistant U.S. Attorney Geoffrey Barrow told a packed courtroom in downtown Portland that during the January takeover, the conspirators, many wearing camouflage and toting rifles, practiced shooting drills and hand-to-hand combat at the Malheur National Wildlife Refuge. They also had a stockpile of some 15,000 rounds of ammunition.

“We all have a right to bear arms,” Barrow said. “This is a case about what the defendants did with those firearms.”

(Sherwood)

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Suggestive of a Problem (Righteous Rebel Remix)

Glenn Beck, circa 2016, via Twitter.

Sometimes I think it really is just about action-hero fantasies imagining some good reason to kill people.

Glenn Beck’s radio program has been suspended from its SiriusXM simulcast after Beck described the election of Donald Trump as a “possible extinction-level event for capitalism” during an interview with a guest who suggested that a “patriot” will then need to “step up” and “remove him from office.”

During Wednesday’s “Glenn Beck Radio Program,” guest and conservative fiction author Brad Thor said he “guarantees” that the presumptive Republican presidential nominee would temporarily suspend the Constitution if elected president, calling the controversial candidate a “danger to America.”

“This could bring down incredible heat on me because I’m about to suggest something very bad―it is a hypothetical I’m going to ask as a thriller writer,” Thor said. “With the feckless, spineless Congress we have, who will stand in the way of Donald Trump overstepping his constitutional authority as President? If Congress won’t remove him from office, what patriot will step up and do that? If―if―he overstates his constitutionally-granted authority I should say as president, if he oversteps that, how do we get him out of office? I don’t think there is a legal means available. I think it will be a terrible, terrible position the American people will be in to get Trump out of office, because you won’t be able to do it through Congress.”

Instead of following up on Thor’s remark about Trump’s “removal” from office, Beck simply said he agreed before going on to say that he believed the economy would “reset” and decline “even if Jesus were in office.”

(Tesfaye)

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A Memo to Mike Huckabee (Civic Leadership)

Former Arkansas Gov. Mike Huckabee waits backstage before speaking during the Freedom Summit Saturday, Jan. 24, 2015, in Des Moines, Iowa (AP Photo/Charlie Neibergall)

MEMORANDUM

To: Mike Huckabee

re: Civic leadership

So … Mike―

The two-time Republican presidential also-ran lashed out Erickson, again on Fox News, accusing the conservative of attempting “to blow up the Republican Party.”

“The message that’s coming across is the voters are stupid so we’ll figure out a way to make the decision for you because we don’t trust your decision,” Huckabee complained of Erickson’s anti-Trump effort.

(Tesfaye)

―you do realize, do you not, that sometimes that’s exactly what civic leaders are expected to do?

In our own American heritage we say the Constitution is not a suicide pact. In our human endeavor, we might simply say that civilized society is not a suicide pact. Observably, the Donald Trump phenomenon disdains either expression.

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LePage on Obama on Scalia

Gov. Paul LePage speaks at the maine GOP convention, Sunday, 6 May 2012. (Detail of photo by Robert F. Bukaty/AP Photo)

All things considered, this is actually not unexpected. Well, you know.

Maine Gov. Paul LePage on Thursday added his voice to the ongoing debate regarding the U.S. Supreme Court vacancy created with the unexpected death of Justice Antonin Scalia last Saturday.

LePage sided with former governor and U.S. Sen. Angus King, I-Maine, saying President Barack Obama should nominate a replacement for Scalia.

“I’m a big constitutionalist,” LePage said. “If it’s in the Constitution, I think it means something.”

(Thistle)

That is to say, Governor LePage managed to get one rightα. Then again, this one is pretty easy.

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The Dance (Trumping the Line Fantastic)

Detail of cartoon by Lalo Alcaraz, via Daily Kos, 9 December 2015.

Vicki Needham of The Hill offers this glimpse:

A top Senate Republican called Donald Trump’s call to ban Muslims from entering the United States a “huge mistake” that would fuel terror recruitment in the United States.

Sen. Richard Burr (R-N.C.), the chairman of the Senate Intelligence Committee, said that the move could damage vital alliances in the region.

“I think this sends the wrong message to people that have to be part of our partnership for a solution,” Burr said on CBS’s “Face the Nation” on Sunday.

“Yes, it does serve as fuel [for recruitment].”

Indeed; it’s a point Lalo Alcaraz made quite clearly last week.

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