The Daily Parker

Politics, Weather, Photography, and the Dog

In search of a dozen impartial New Yorkers

Yesterday, the XPOTUS began his first (!) criminal (!!) trial of the multiple legal actions he currently faces, and it didn't go well. For starters, as Josh Marshall pointed out, the XPOTUS has always behaved as if he believes nothing more than one is either dominating or dominated. Being at the defense table on trial for multiple felonies puts one distinctly in the second category:

What is clear to anyone who has ever tried to understand the man is that he lives in a binary world of the dominating and the dominated. The visuals around the man endlessly illustrate this. Most of us live in a much more fluid and textured world. We interact with most people on a ground of relative equality. Where real differentials of power exist most of us try to paper over those realities with softening trappings. Trump’s whole world view, the way he interacts with friends and foes, won’t accept any middle ground. And this is more than just performance. It’s clear that this is deeply rooted in his experience of the world. Being dominated is a kind of social and ego depth. That’s why he’s so good at his whole racket. Because it’s coded so deeply into him.

At the most basic level, sitting in the dock is horribly and perhaps even fatally off brand. Trump’s brand is swagger and impunity. Always be dominating. Until you’re not.

The XPOTUS's first reaction? He fell asleep, which comedian Trae Crowder summarized as, "there's an ongoing screaming match where one side is like, 'your guy can't even stay awake in the Oval Office,' and the other side accurately responds, 'your guy can't even stay awake in his criminal trial,' and somehow that doesn't immediately end the debate."

So far, jury selection in that trial has actually found 6 jurors, despite everyone having heard of the XPOTUS. Alexandra Petri imagines how the New York County District Attorney could amend the jury questions to speed this along:

1. Wait, you don’t have any strong opinions or firmly held beliefs about Donald Trump?

2. Have you been living in a hole for the past 20 years?

3. For the past 50 years?

I dunno, man. I feel for everyone involved in the trial—well, except that one guy—having to slog through that exercise.

The XPOTUS will do everything he can to make the trial a circus, partly because he does that with everything, but partly to force a mistrial so he won't have to run for president as a convicted felon. Meanwhile, he has three other trials going on. This will be a long summer.

When we go high, they go low

Political writer and YouTube creator Ian Danskin put together a series of videos in the aftermath of the 2016 election to explain what we Democrats did wrong, and how we need to engage with the Alt-Right (now known as the Republican Party). The whole series is worth watching, but if you want to skip to the end, watch this one:

Some things have changed since 2017, but not as many things as one would hope. We need everyone in the Party to understand the core message of the above video: we need outcomes, not just process, if we're going to save democracy. Think of LBJ, not Walter Mondale, for f's sake.

One news story eclipsed all the others

Ah, ha ha. Ha.

Anyway, here are a couple other stories from the last couple of days:

Finally, Ohio State wildlife and ecology professor Stanley Gehrt has written a book I will have to stop myself (for now) from adding to my ever-expanding shelf of books I need to read. Gehrt spent decades studying Chicago's coyote population and how well they co-exist with us, tagging more than 1,400 coyotes and collaring another 700.

My only complaint about the animals is they don't eat enough rabbits. I live near several suspected dens, the closest only about 400 meters from my front door. I can't wait to read the book.

As for the risks coyotes pose to humans, he lets us know who the real enemy is: “If you were to ask me, ‘What’s the most dangerous animal out there [for urban dwellers]?’, it’s white-tailed deer,” Gehrt said.

How is it 6:30?

With tomorrow night having the earliest sunset of the year, it got dark at 4:20 pm—two hours ago. One loses time, you see. Especially with a demo tomorrow. So I'll just read these while devops pipelines run:

Finally, John Seabrook takes a few pages to explain how to become a TikTok star. Hint: do it before you turn 22.

But her emails!

The Washington Post Fact Checker digs deep into the allegations of mishandling classified material against former Secretary of State Hillary Clinton and finds, nah, she good:

The Justice Department investigation of classified documents found at former president Donald Trump’s Mar-a-Lago Club has brought inevitable comparisons to the controversy over Hillary Clinton’s private email server that she used while secretary of state. The FBI investigation into her emails arguably tipped the close 2016 presidential election to Trump.

During the contest between Trump and Clinton, we wrote 16 fact checks on the email issue, frequently awarding Pinocchios to Clinton for legalistic parsing. But in light of the Trump investigation, Clinton is trying to draw a distinction between Trump’s current travails and the probe that targeted her.

As shown in an FBI photo of some of the documents seized from Trump, many have clear markings indicating they contained highly sensitive classified information. Clinton, in her tweet, suggests none of her emails were marked classified. That’s technically correct. Whether those emails contained classified information was a major focus of the investigation, but a review of the recent investigations, including new information obtained by the Fact Checker, shows Clinton has good reason for making a distinction with Trump.

In other words, [two] State Department probes under Trump knocked Clinton for maintaining a private server for State Department communications — but did not hold her responsible for mishandling classified information.

Of course, all the Benghazi and email server hearings that Clinton had to endure had nothing at all to do with their subject matters, because the current Republican Party doesn't care at all about substance. Everything they do is performance, for political points. And they've been at that so long, in fact, that many Republicans can't fathom that the probe of the XPOTUS's mishandling of classified material has nothing to do with political points and everything to do with the damage that he did to national security.

The last post of the summer

Meteorological summer ends in just a few hours here in Chicago. Pity; it's been a decent one (for us; not so much for the Western US). I have a couple of things to read this afternoon while waiting for endless test sessions to complete on my work laptop:

And via Bruce Schneier, a group of local Chicago high schoolers will never give you up and never let you down.

More Dobbs reactions

A day and a half after the unprecedented leak of Justice Alito's (R) draft opinion in Dobbs v Jackson, everyone and her dog has a reaction piece:

  • David Von Drehle in the Post warns that Alito's arguments in Dobbs, if accepted as the final majority opinion, would imperil many other rights based on privacy law: "[S]hould Alito’s draft opinion be affirmed by the court’s majority, there will be little to prevent states from enacting limits [on contraception] if they wish. Women will have only as much guaranteed autonomy over their childbearing as they had in 1868. Alito’s draft recognizes the rights of an hour-old zygote, but not of a 12-year-old impregnated by a rapist."
  • Jennifer Rubin concurs, saying the Court's "religion-driven mission" puts other settled law like Griswold v Connecticut and Lawrence v Texas in the crosshairs: "At its core, this Supreme Court’s right-wing majority seems eager to cast aside the restraints of precedent, making good on their supporters’ agenda rooted in Christian nationalism. In assuming life begins at conception (thereby giving the states unfettered leeway to ban abortion), Alito and his right-wing colleagues would impose a faith-based regimen shredding a half-century of legal and social change."
  • Josh Marshall calls bullshit on Alito's long-professed "originalism:" "Alito recognizes that there are interpretive frameworks that address new issues not explicitly referenced in the constitution. That’s in this decision. But he keeps coming back to “history and tradition” as what really seems like a separate basis of authority. Basically old school values. And lots of rights won’t make that cut."
  • Alex Shephard calls bullshit on Republicans trying to blame the leak for the Court's loss of legitimacy when, really, the activist Republican justices killed it: "There is a long tradition in conservative circles of finding every opportunity to claim victimhood. ... [But] the court’s legitimacy problems can, frankly be traced back to Bush v. Gore, if not earlier, when five Republican-appointed justices decided a presidential election based on their own partisan affiliations; this paved the way for President George W. Bush to appoint Samuel Alito."
  • Law professor and former Federal prosecutor Joyce Vance concurs, saying "Reversing Roe, particularly in the manner Alito does, condescending, patronizing, forcing an end to women’s full participation as equals in society, will forever change the belief that the court is above politics and the public’s confidence in the Court."
  • Adam Liptak of the Times agrees, hinting that Alito or one of his clerks might have leaked the draft as away of pressuring Justices Kavanaugh (R) or Gorsuch (R) to stay in the majority.
  • George Will, fresh from his local dispensary, says the end of Roe gives everyone a chance to start over. Everyone, I suppose, except the women whose lives will be ruined or lost because of unwanted or unsafe pregnancies.
  • Stephen Colbert Tweets, "I can’t believe how gullible Susan Collins is. But Susan Collins can." But Eric Garland reports on some aspects of Collins' history that paint a much worse picture of the Senator.
  • Julia Ioffe reminds us that five of six of the Republican justices were appointed by presidents who lost the popular vote.

But, hey, guys? Please keep covering the other stories of the day. Like, for example, the corruption of Justice Thomas (R) and his wife.

Somebody call lunch!

I've gotten two solid nights of sleep in a row, and I've got a clean desk for the first time in weeks. I hope that this becomes the norm, at least until November, when I'll have a packed musical schedule for six weeks as the Apollo Chorus rehearses or performs about 30 times. But that's seven months off.

That gives me plenty of time to listen to or read these:

And finally, in compiling geographic source data for Weather Now, I discovered that the International Civil Aviation Organisation (ICAO) assigned an official designator the location where the Ingenuity helicopter landed on Mars: JZRO, for Jezero Crater.

Slow-ish afternoon

I've sent some test results off to a partner in Sydney, so I have to wait until Monday morning before I officially mark that feature as "done." I'm also writing a presentation I'll give on March 16th. So while the larger part of my brain noodles on Microsoft Azure CosmosDB NoSQL databases (the subject of my presentation), the lesser part has this to read:

Finally, software developer Ben Tupper has created a Myst-like game surrounding the mysterious door at 58 Joralemon Street in Brooklyn Heights. I walked past that door every day for almost two years, and even got a peek inside once. It's not really a townhouse, after all.

Partisan court takes another swipe at the Voting Rights Act

The two most recent US Supreme Court appointees may have agreed with the moderate justices on a couple of issues this term, but as the last opinions come out this morning, they have reminded us that the Republican Party's anti-democratic policies remain their top priorities.

Despite no evidence of retail election fraud, in 2016 Arizona's Republican majority enacted a law making it a crime to collect ballots from voters. Many voters in Arizona and elsewhere have difficulty making it to the polls, and in some cases, to the nearest mailbox. Ballot collection drives helped ensure they could still cast votes. Given who benefitted most from these drives, no one had any illusions about why Arizona Republicans passed this bill.

The Court today ruled, in a 6-3 decision right along party lines, that this does not violate section 2 of the Voting Rights Act. Justice Alito delivered the opinion, which repeats the Republican Party's canards about voting fraud as if channeling the voice of Mitch McConnell:

Finally, the strength of the state interests served by a challenged voting rule is also an important factor that must be taken into account. As noted, every voting rule imposes a burden of some sort, and therefore, in determining “based on the totality of circumstances” whether a rule goes too far, it is important to consider the reason for the rule. Rules that are supported by strong state interests are less likely to violate §2.

One strong and entirely legitimate state interest is the prevention of fraud. Fraud can affect the outcome of a close election, and fraudulent votes dilute the right of citizens to cast ballots that carry appropriate weight. Fraud can also undermine public confidence in the fairness of elections and the perceived legitimacy of the announced outcome.

(Brnovich v DNC, opinion at 19; citations removed.)

He then retreats deep into his epistemological bubble to declare that, even though Arizona has no documented instances of such fraud, and even though it will make it harder for Black, Hispanic, and poor people to cast ballots, the law doesn't really discriminate. Because, of course, the Arizona Secretary of State's office are all, all honourable men:

The State makes accurate precinct information available to all voters. When precincts or polling places are altered between elections, each registered voter is sent a notice showing the voter’s new polling place. Arizona law also mandates that election officials send a sample ballot to each household that includes a registered voter who has not opted to be placed on the permanent early voter list, and this mailing also identifies the voter’s proper polling location. In addition, the Arizona secretary of state’s office sends voters pamphlets that include information (in both English and Spanish) about how to identify their assigned precinct.

The Court of Appeals noted that Arizona leads other States in the rate of votes rejected on the ground that they were cast in the wrong precinct, and the court attributed this to frequent changes in polling locations, confusing placement of polling places, and high levels of residential mobility. But even if it is marginally harder for Arizona voters to find their assigned polling places, the State offers other easy ways to vote. Any voter can request an early ballot without excuse. Any voter can ask to be placed on the permanent early voter list so that an early ballot will be mailed automatically. Voters may drop off their early ballots at any polling place, even one to which they are not assigned. And for nearly a month before election day, any voter can vote in person at an early voting location in his or her county.

(Id. at 26-27, citations removed.)

So, once again, the Republican justices take the position that because the Voting Rights Act has done its job over the years, we don't need the Voting Rights Act anymore. (Kind of like how we taught the Germans a lesson in 1918 and they hardly bothered us after that.)

In her dissent, Justice Kagan expresses no patience for any of this crap:

If a single statute represents the best of America, it is the Voting Rights Act. It marries two great ideals: democracy and racial equality. And it dedicates our country to carrying them out. Section 2, the provision at issue here, guarantees that members of every racial group will have equal voting opportunities. Citizens of every race will have the same shot to participate in the political process and to elect representatives of their choice. They will all own our democracy together—no one more and no one less than any other.

If a single statute reminds us of the worst of America, it is the Voting Rights Act. Because it was—and remains—so necessary. Because a century after the Civil War was fought, at the time of the Act’s passage, the promise of political equality remained a distant dream for African American citizens. Because States and localities continually “contriv[ed] new rules,” mostly neutral on their face but discriminatory in operation, to keep minority voters from the polls. Because “Congress had reason to suppose” that States would “try similar maneuvers in the future”— “pour[ing] old poison into new bottles” to suppress minority votes. Because Congress has been proved right.

Today, the Court undermines Section 2 and the right it provides. The majority fears that the statute Congress wrote is too “radical”—that it will invalidate too many state voting laws. So the majority writes its own set of rules, limiting Section 2 from multiple directions. Wherever it can, the majority gives a cramped reading to broad language. And then it uses that reading to uphold two election laws from Arizona that discriminate against minority voters. I could say—and will in the following pages—that this is not how the Court is supposed to interpret and apply statutes. But that ordinary critique woefully undersells the problem. What is tragic here is that the Court has (yet again) rewritten—in order to weaken—a statute that stands as a monument to America’s greatness, and protects against its basest impulses. What is tragic is that the Court has damaged a statute designed to bring about “the end of discrimination in voting.”

(Kagan Dissent at 1, 3; citations removed).

When a few commentators tut-tutted that the Court "is less one-sided than liberals feared," they missed the point. Justices Barrett and Kavanaugh seem less unhinged than they did at their confirmation hearings, but they never lost their party loyalty. Sure, they upheld Obamacare (for the 17th time); sure, they ruled that children don't lose First Amendment protections just because they say something their school doesn't like. And just as sure, they will vote every single time to limit the franchise, because voting rights have become an existential threat to the Republican Party.

The Republicans' 40-year program of selecting and promoting young, partisan judges continues to pay off. Until we Democrats start using the political power we actually have, the Republicans will continue to drive the United States toward minority corporatist rule that will take decades to undo.