Tuesday Reads: Senate Impeachment “Trial” Begins

Chief Justice John Roberts presides over the impeachment trial of Donald J. Trump.

Good Morning!!

The Senate impeachment “trial” begins this afternoon, and Mitch McConnell is doing his damnedest to make sure it won’t be a real or fair one. Awhile back, McConnell said this trial would follow the rules set for Bill Clinton’s impeachment, but–surprise!–that was just one big fat lie.

Nicholas Fandos at The New York Times: McConnell Impeachment Rules Modify Clinton Precedent.

But when Mr. McConnell, Republican of Kentucky and the majority leader, finally released a draft of his resolution on Monday evening, less than 24 hours before the Senate was expected to consider it, there were several meaningful differences from the rules that governed Mr. Clinton’s impeachment, some of which were in line with Mr. Trump’s preferences and his legal team’s strategy.

The measure is expected to pass on Tuesday along party lines, over strenuous Democratic objections….

Mitch McConnell and pals

Like in the Clinton trial, the Democratic House impeachment managers and Mr. Trump’s defense lawyers will have up to 24 hours to argue their respective cases for and against conviction on charges of abuse of power and obstruction of Congress. But in 1999, the Senate imposed no additional limit on how the time was used. Mr. McConnell’s proposal states that each side much complete its work within two days, beginning as early as Wednesday.

That means opening arguments could be finished by the end of this week, allowing the senators 16 hours for questioning and a subsequent debate early next week over whether to consider witness testimony. In the fastest possible scenario, the Senate could vote to convict or acquit by the end of January….

When the Clinton trial opened, the Senate “admitted into evidence,” printed and shared with senators all records generated by the House impeachment inquiry into Mr. Clinton. Not so this time.

Though the House’s evidence from the Trump impeachment inquiry would still be printed and shared with senators, it would only be formally considered by the Senate as part of its official record if a majority of senators voted to do so. That vote could only take place after the Senate decided whether to call witnesses and seek additional documents — that is, as the trial moves toward conclusion.

So it’s already looking like a kangaroo court, which surprises no one. McConnell’s rules also don’t guarantee there will be new witnesses or documents.

It says that after senators conclude their questioning, they will not immediately entertain motions to call individual witnesses or documents. Instead, they will decide first whether they want to consider new evidence at all. Only if a majority of senators agree to do so will the managers and prosecutors be allowed to propose and argue for specific witnesses or documents, each of which would then be subject to an additional vote.

If a majority of the Senate ultimately did vote to call a witness for testimony, that witness would first be interviewed behind closed doors and then the “Senate shall decide after deposition which witnesses shall testify, pursuant to the impeachment rules,” if any. Consistent with the Clinton trial rules, this essentially means that even if witnesses are called, they might never testify in public.

Naturally Democrats are not going to take this lying down. The House impeachment managers are holding a press conference right now and Chuck Schumer has already stated his objections. He told NPR this morning that McConnell’s rules are “a national disgrace” and told MSNBC that “Everything in these rules is rigged.” Right now Jerry Nadler is saying that McConnell’s rules amount to an obvious cover-up.

The White House is doing it’s best to make sure the “trial” will be a complete joke. The Hill reports on the Republican impeachment “advisers”:

The White House announced Monday that President Trump appointed several prominent Republican House members to advise his impeachment defense team ahead of the Senate trial set to begin this week.

GOP Reps. Jim Jordan (Ohio), John Ratcliffe Texas), Mike Johnson (La.), Mark Meadows (N.C.), Debbie Lesko (Ariz.), Lee Zeldin (N.Y.), Elise Stefanik (N.Y.) and Doug Collins are set to play leading roles.

A statement from the White House said the lawmakers “have provided guidance to the White House team, which was prohibited from participating in the proceedings concocted by Democrats in the House of Representatives” throughout the House proceedings and would continue to do so in the Senate.

You’ll notice that those are the Reps who tried to turn the House impeachment process into a shriekfest. According to the Hill, Democrats and even even some GOP Senators didn’t like the idea of House members getting involved in the Senate process.

Key Republican allies in the Senate have also warned against such appointments, warning that the addition of Republican House members would cast the Senate trial in a partisan light.

“I don’t think it’s wise. I think we need to elevate the argument beyond body politics, beyond party politics and talk about the constitutional problems with these two articles,” Sen. Lindsey Graham (R-S.C.) told reporters earlier this month.

I wonder if McConnell is at all worried about what the public reaction could be to a show trial. The latest CNN poll found that 51 percent of Americans think Trump should be removed from office and 69 percent believe that the Senate trial should include witnesses.

The poll is the first major national telephone poll since the articles of impeachment were sent to the Senate, formally launching Trump’s trial there. They are also the first such poll results since Soviet-born businessman Lev Parnas, an associate of Trump’s attorney Rudy Giuliani, publicly implicated the President in the Ukrainian pressure campaign during a series of television interviews.

The new poll also finds majorities of Americans view each of the charges on which Trump will face trial as true: 58% say Trump abused the power of the presidency to obtain an improper personal political benefit and 57% say it is true that he obstructed the House of Representatives in its impeachment inquiry.

Of course there are partisan, gender, race, age, and geographical differences in attitudes toward the trial:

Overall, 89% of Democrats say he should be removed from office, while just 8% of Republicans feel the same way. Among independents, it’s nearly dead even: 48% say the Senate should vote to remove him, while 46% say that they should not. Views on whether Trump should be impeached and removed are also evenly split across battleground states, 49% are on each side across the 15 states decided by 8 points or less in 2016. Those states are Arizona, Colorado, Florida, Georgia, Maine, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, New Mexico, Ohio, Pennsylvania, Virginia and Wisconsin.

House impeachment managers take articles of impeachment to Senate.

Beyond partisanship, there are wide divisions in the poll by gender, race, education and age. Nearly six in 10 women (59%) say the Senate should remove Trump from office; 42% of men agree. Among African Americans, 86% say Trump should be removed. That drops to 65% among Hispanics and 42% among whites.

Combining race and gender, about eight in 10 women of color (79%) say he should be removed. That dips to 59% among non-white men, 49% among white women and 33% among white men. For whites, education adds another degree of division: 59% of white women with college degrees say the Senate should remove Trump, compared with 43% among white women without degrees, 44% among white men with degrees and 27% among white men without college degrees. A majority (56%) of those under age 45 say the President should be removed, while older Americans are more evenly split (47% in favor among those age 45 and over, 50% opposed).

This from Politico is shocking, but not surprising: Justice Department backed Trump strongarm of House impeachment probe.

The Justice Department secretly blessed President Donald Trump’s decision to stonewall the Democratic-led House over impeachment last year, the president’s legal team disclosed Monday.

The legal brief submitted to the Senate as part of Trump’s defense includes an opinion from the Department of Justice’s Office of Legal Counsel concluding that Trump was justified in categorically rejecting the House’s demands for information before lawmakers passed a formal impeachment resolution on October 31.

“We conclude that the House must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony in support of the House’s sole power of impeachment,” Assistant Attorney General Steven Engel wrote in the detailed legal rationale.

The opinion was officially dated Sunday and released by the Justice Department on its website Monday, timing that appeared to dovetail with a Senate-set noon, holiday deadline for Trump’s first substantive brief in the impeachment trial.

Chuck Schumer is giving a press conference right now. He is emphasizing that McConnell is trying to make sure that Americans don’t watch the trial because it will begin in the afternoon and last late into the night and early morning hours. There will be a battle between Democrats and Republicans in the Senate today, but so far it appears that McConnell has to votes to pass his ridiculous rules.

The White House is also trying to make sure the American people don’t hear from John Bolton. The Washington Post: Trump’s lawyers, Senate GOP allies work privately to ensure Bolton does not testify publicly.

President Trump’s legal defense team and Senate GOP allies are quietly gaming out contingency plans should Democrats win enough votes to force witnesses to testify in the impeachment trial, including an effort to keep former national security adviser John Bolton from the spotlight, according to multiple officials familiar with the discussions.

While Republicans continue to express confidence that Democrats will fail to persuade four GOP lawmakers to break ranks with Senate Majority Leader Mitch McConnell (R-Ky.), who has opposed calling any witnesses in the trial, they are readying a Plan B just in case — underscoring how uncertain they are about prevailing in a showdown over witnesses and Bolton’s possible testimony.

One option being discussed, according to a senior administration official, would be to move Bolton’s testimony to a classified setting because of national security concerns, ensuring that it is not public.

To receive the testimony in a classified session, Trump’s attorneys would have to request such a step, according to one official, adding that it would probably need the apReaproval of 51 senators.

Read the rest at the WaPo.

Here are a couple of good articles analyzing Trump’s impeachment defense.

From Charlie Savage at The New York Times: ‘Constitutional Nonsense’: Trump’s Impeachment Defense Defies Legal Consensus.

As President Trump’s impeachment trial opens, his lawyers have increasingly emphasized a striking argument: Even if he did abuse his powers in an attempt to bully Ukraine into interfering in the 2020 election on his behalf, it would not matter because the House never accused him of committing an ordinary crime.

Their argument is widely disputed. It cuts against the consensus among scholars that impeachment exists to remove officials who abuse power. The phrase “high crimes and misdemeanors” means a serious violation of public trust that need not also be an ordinary crime, said Frank O. Bowman III, a University of Missouri law professor and the author of a recent book on the topic.

“This argument is constitutional nonsense,” Mr. Bowman said. “The almost universal consensus — in Great Britain, in the colonies, in the American states between 1776 and 1787, at the Constitutional Convention and since — has been that criminal conduct is not required for impeachment.”

But the argument is politically convenient for Mr. Trump. For any moderate Republican senator who may not like what the facts already show about his campaign of pressure on Ukraine, the theory provides an alternative rationale to acquit the president.

Read the rest at the NYT.

More analysis from Quinta Jurecic and Benjamin Wittes at The Atlantic: Trump’s Impeachment Brief Is a Howl of Rage.

The House managers’ brief is an organized legal document. It starts with the law, the nature and purposes of Congress’s impeachment power, then walks through the evidence regarding the first article of impeachment, which alleges abuse of power, and seeks to show how the evidence establishes the House’s claim that President Trump is guilty of this offense. It then proceeds to argue that the offense requires his removal from office….

By contrast, the White House’s “Answer of President Donald J. Trump” to the articles of impeachment, filed by the president’s personal lawyer Jay Sekulow and the White House counsel, Pat Cipollone, does not read like a traditional legal argument at all. It begins with a series of rhetorical flourishes—all of them, to one degree or another, false. The articles of impeachment are “a dangerous attack on the right of the American people to freely choose their President,” the president’s lawyers write—as though the impeachment power were not a constitutional reality every bit as enshrined in the founding document as the quadrennial election of the president. The articles are “a brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election,” and are “constitutionally invalid on their face,” they write, as though the president’s right to extort foreign leaders for political services were so beyond reasonable question, it is outrageous that anyone might object to it.

This document reads like one of the president’s speeches at his campaign rallies. The language is a little more lawyerly, if only a little. In Sekulow and Cipollone’s hands, Trump’s cries of “Witch hunt!” have turned into “lawless process that violated basic due process and fundamental fairness.” His allegations that Democrats are a “disgrace” have turned into “an affront to the Constitution.” And Trump’s insistence that there’s a plot to destroy his presidency has become a “highly partisan and reckless obsession with impeaching the president [that] began the day he was inaugurated and continues to this day.”

But the message is unchanged. It’s not a legal argument. It’s a howl of rage.

Read more at The Atlantic.

I’ve tried to lay out the basics; we’ll soon be able to watch what happens in the Senate for ourselves. Please share your reactions as the day goes on, but feel free to post on other topics as well. It should be an interesting day!


Wednesday Reads: Heartbeat bill my ass!

 

 

We gotta shut this shit down:

Especially this shit:

You got that right…

Georgia governor signs ‘heartbeat bill,’ giving the state one of the most restrictive abortion laws in the nation – The Washington Post

The American Civil Liberties Union and other critics including medical lobbies have called bans on abortions after six weeks — which have been struck down by at least two courts — draconian, unscientific and part of a deliberate strategy to pass increasingly radical laws in hopes of getting the issue before the U.S. Supreme Court. They have vowed to bring a lawsuit targeting the legislation — and promised electoral payback as well.

Leana Wen, president of the Planned Parenthood Action Fund, said in an interview that the Georgia legislation is part of a larger landscape of nearly 300 antiabortion bills introduced so far this year in 36 states. Many of them contain far-reaching provisions, such as one in Georgia that would allow authorities to investigate women who miscarry and one in Texas that would allow capital punishment for those receiving or performing an abortion.

“This is an extremely dangerous time for women’s health all around the country,” Wen said.

[…]

Like some other versions, Georgia’s law includes exceptions for incest, rape and situations of medical futility or where the health of the mother is at stake. But unlike the others, Georgia’s says a fetus is a “natural person” and “human being” once a heartbeat is detected.

Which can lead to possible other conclusions? Like this thread from Leah McElrath….

And then there is this shit:

What the fuck are they talking about? Is this procedure done at your local CVS or Walgreens? Where women can also get a pap smear on their cooch and x-ray possible tumors on titties…while they pop in for any other supplies they may need?

Walgreens Corrects Fox & Friends: We Don’t Offer Pap Smears

On Saturday’s Fox & Friends, co-hosts Steve Doocy and Brian Kilmeade attempted to dismiss the importance of Planned Parenthood funding by claiming that services like pap smears are available “at Walgreens.” In response to an email about the segment, a Walgreens spokesperson told Media Matters that they do not offer such services.

The Fox News hosts’ remarks came during a discussion of the debate over federal funding to Planned Parenthood. During the budget showdown, Republicans attempted to remove federal funding for the women’s health group. Planned Parenthood defenders, such as Sen. Majority Leader Harry Reid, have argued that the funding is necessary because it goes to “clinics that provide services like cancers tests that save women’s lives and save money down the road by catching diseases that are expensive to treat.”

On April 9, Doocy and Kilmeade responded to Reid by dismissing Planned Parenthood services:

STEVE DOOCY: And the thing about it that was audacious was the fact that he [Sen. Harry Reid] was talking about Planned Parenthood being this great provider where women can get blood pressure checks, and pap smears, and breast —

BRIAN KILMEADE: Which you can get at Walgreens.

DOOCY: –examinations. Exactly right.

Ah…memories….that was from back in 2011. We have come a long way baby!

This is an open thread.


Sunday Reads: Hypocrisies of Dead White Soldiers

 

The image above is from the town of Blue Ridge GA…as a White dead soldier is driven home…

Procession for fallen North Carolina Marine – Story | WAGA

USMC Sgt. Christopher J. Lockett died last week at a U.S. facility, but military officials have not yet offered more details.

Tuesday, his body was flown into Atlanta and driven in a solemn procession to Murphy. Hundreds lined Highway 515 in Fannin County, waving flags and showing their respect for the fallen hometown hero.

The people lining the streets are “tRump supporters,” in every sense of that description.

I do not want to diminish this man’s death, in any way, but I want to point out the hypocrisy…the difference in respect given this white soldier compared to other soldiers of color (killed in the line of duty)…as well as their gold star families.

Lest we forget:

The parents of Capt. Humayun Khan…

Donald Trump Criticizes Muslim Family of Slain U.S. Soldier, Drawing Ire – The New York Times

And the entire incident that occurred with the widow of U.S. Army Sergeant La David Johnson…

Trump Call Controversy Renews Spotlight On Gold Star Families : NPR

The widow of Army Sgt. La David Johnson, one of the four U.S. soldiers killed in a military operation in Niger earlier this month, says President Trump’s condolence call only made her feel worse.

Donald Trump keeps attacking Gold Star families like Myeshia Johnson. Here’s what he could have done instead. – The Washington Post

 

I started to write this post for Wednesday…but decided to hold it for today. I don’t know why, but it would appear like fate:

 

The Stupidity of Evil: Teens Shouting ‘Build that Wall’ at Native American Vet

Some high school young men from a private Catholic school in Kentucky had been encouraged to attend an anti-abortion “March for Life” near the Lincoln Memorial in Washington D.C. on Friday. Nearby, Native Americans were rallying for their rights.

Vietnam Vet Nathan Phillips saw a mean crowd of white teens in Trump’s red “Make America Great Again” caps harassing four African American young men. He was beating his drum and chanting, and came forward, drawing the attention of the young thugs, realizing the danger, he said.

They then mocked and taunted him, doing a bad sing-along of his chant, and then one of the teens, an unbearably smug look on his face, planted himself in Phillips’s way and trapped him in the ugly crown of Mean Boys. They were chanting “Build the Wall.”

[…]

Nathan Phillips gave a chilling interview about the incident to CNN, in which he expressed fear about where the United States is going. Remember, Phillips risked his life for a country that had treated his people like crap, stealing their land, putting them on reservations, forbidding them to practice their religion, and occasionally massacring them.

[…]

Hannah Arendt spoke of the banality of evil, of the way in which boring routine bureaucracy had been deployed by the Nazis to commit unspeakable crimes against humanity.

What struck me from looking at those young men was that she could have perhaps even more usefully spoken of the stupidity of evil.

How stupid do you have to be to chant “build the wall” at a Native American whose people were here at least 13,000 years ago before the European undocumented migrants showed up in their lands?

How stupid do you have to be to chant “build the wall” at African-Americans whom white slavers kidnapped from their homes in Senegal and Nigeria and Angola and transported here against their will?

How stupid do you have to be as a Catholic not to know that anti-immigrant slogans like “Build the Wall” and “Make America Great Again” are the descendants of the racist slogans (such as “Keep America American”) that white Protestants of the 19th century ‘Know Nothing’ secret society chanted at Catholic immigrants from Ireland and Italy and Germany just before they burned down Catholic churches?

How stupid do you have to be to insist on a fetus’s right to life but to endanger the life of an elderly Vet by putting him into a bottleneck in the midst of an angry mob?

How stupid do you have to be to think that “Make America Great Again” could possibly mean anything when chanted by chickenhawk young men at a Vet who risked his life for this country?

How stupid do you have to be not to realize that the people Trump wants to keep out of the United States by building his idiotic, cruel and ineffective wall are for the most part Catholics?

Nathan Phillips said he is afraid for where the country of going because of the wave of hatefulness sweeping the country.

He is too polite to blame Trump for our collective national two minutes hate, but I’m not. This incident was Trump’s fault.

Mean boys in high school acting out evil may be a bit banal as well. But if Nathan Phillips is apparently afraid that hatred is contagious, I am afraid that stupidity might be an infectious disease.

The following are various tweets about this…another fucking disgusting episode in The tRump Chronicle of Shit.

This is an open thread….


Wednesday Reads: Worst Responder

 

Cartoon by Rob Rogers - Worst Responder

Worst Responder: 11/13/2018 Cartoon by Rob Rogers

Yeah, I’m just diving in with the cartoons:

Vet friend: 11/13/2018 Cartoon by Deb Milbrath

Cartoon by Deb Milbrath - Vet friend

Yup….

California Fires: 11/12/2018 Cartoon by Deb Milbrath

Cartoon by Deb Milbrath - California Fires

 

Press Caravan: 11/09/2018 Cartoon by Rob Rogers

Cartoon by Rob Rogers - Press Caravan

A Higher Caliber: 11/13/2018 Cartoon by Steve Artley

Cartoon by Steve Artley - A Higher Caliber

11/10/2018 Cartoon by Steve Artley

Cartoon by Steve Artley -

11/09/2018 Cartoon by Steve Artley

Cartoon by Steve Artley -

Poppy: 11/11/2018 Cartoon by Deb Milbrath

Cartoon by Deb Milbrath - Poppy

Matt “the Gavel” Whitaker: 11/09/2018 Cartoon by Deb Milbrath

Cartoon by Deb Milbrath - Matt "the Gavel" Whitaker

BIGGEST win: 11/07/2018 Cartoon by Deb Milbrath

Cartoon by Deb Milbrath - BIGGEST win

Sailing Away: 11/13/2018 Cartoon by Paul Fell

Cartoon by Paul Fell - Sailing Away

11/11/2018 Cartoon by Signe Wilkinson

Cartoon by Signe Wilkinson -

 

 

 

11/08 Mike Luckovich: That’s an order!

11/09 Mike Luckovich: Sarah Lietome

11/11 Mike Luckovich: Again and again

 

11/14 Mike Luckovich: Walking wounded

11/13 Mike Luckovich: SuperStan

Oh, there was so many cartoons this week….

I can imagine more will come from the latest crap breaking last evening, or as someone on MSNBC called it, Tuesday night.

Five days of fury: Inside Trump’s Paris temper, election woes and staff upheaval – The Washington Post

As he jetted to Paris last Friday, President Trump received a congratulatory phone call aboard Air Force One. British Prime Minister Theresa May was calling to celebrate the Republican Party’s wins in the midterm elections — never mind that Democrats seized control of the House — but her appeal to the American president’s vanity was met with an ornery outburst.

Trump berated May for Britain not doing enough, in his assessment, to contain Iran. He questioned her over Brexit and complained about the trade deals he sees as unfair with European countries. May has endured Trump’s churlish temper before, but still her aides were shaken by his especially foul mood, according to U.S. and European officials briefed on the conversation.

For Trump, that testy call set the tone for five days of fury — evident in Trump’s splenetic tweets and described in interviews with 14senior administration officials, outside Trump confidants and foreign diplomats, many of whom spoke on the condition of anonymity because of the sensitivity of the issue.

 

 

Ugh…this is an open thread.


Sunday Reads: Rain on his Squirrel

Hey, I thought up the post’s title before I saw that tweet…referring to tRumps “squrriel’s nest toupee”…but before we get to a few links on the Orange Turd’s Paris trip, take a look at this thread.

As I said, that thread deserved the full treatment. For serious.

So what has happened today?

Now, here are several tweets for your review:

In honor of Armistice Day, (yesterday) …

Also, a new recording:

Listen to the Moment the Guns Fell Silent Ending World War I | Smart News | Smithsonian

End of the War

The soundscape of the Great War must have been devastating: constant artillery bombardment, rifle shots, fighter planes buzzing overhead and the screams of soldiers encountering gas. But we don’t actually know quite what the World War I sounded like. Magnetic tape didn’t exist yet and recording technology was in its infancy, requiring sound to be mechanically produced using a needle and soft wax or metal. Taking such machines into the field was not practical.

Still, there were people on the front recording. Special units used a technique called “sound ranging” to try and determine where enemy gunfire was coming from. To do so, technicians set up strings of microphones—actually barrels of oil dug into the ground—a certain distance apart, then used a piece of photographic film to visually record noise intensity. The effect is similar to the way a seismometer records an earthquake. Using that data and the time between when a shot was fired and when it hit, they could then triangulate where enemy artillery was located—and adjust their own guns accordingly.

At least one bit of that “sound ranging” film survived the War—the film recording the last few minutes of World War I when the guns finally fell silent at the River Moselle on the American Front. As Richard Connor at Deutsche Welde reports, part of a new exhibit called Making a New World at London’s Imperial War Museum uses those graphic sound waves to recreate the moment the Armistice went into effect and the guns fell silent.

As part of a celebration to commemorate the 100th anniversary of the end of the war, the museum commissioned the sound production company Coda to Coda to use the film strip of the guns firing away at 10:58 A.M. on November 11, 1918, then going silent when the clock strikes 11, the symbolic moment politicians determined the war would end, to try and recreate what that instant may have sounded like.

More information at the link.

Here is where you can hear the recording:

IWM – WW1 Armistice Interpretation | Coda to Coda

That link is to the direct Coda to Coda website, it plays the full one minute of the last sounds of WWI.

The Facebook link below does not play the full recording.

One hundred years later, the absence from the orange asshole mouth fuckwad, is overwhelming:

(Hey, the point is he is there in the fucking rain. And he was there on Saturday.)

I guess Putin was the reason he was late?

Read some of the responses to that tweet.

I guess tRump finally did show up for the dinner…coming into the event through the back door…WTF?

Angela Merkel, Emmanuel Macron and Justin Trudeau arrive at Paris’ Orsay Museum for Armistice Day  | Daily Mail Online

You can see all the dignitaries photos, on the red carpet etc., at that Daily Mail link above.

A few more articles:

This is an interesting interview:
Last surviving prosecutor at Nuremberg trials says Trump’s family separation policy is ‘crime against humanity’ | The Independent

The last surviving member of the Nuremberg trials prosecuting team has said Donald Trump committed “a crime against humanity” with the recent family separation policy.

Ben Ferencz, 99, made the comment during a recent interview with outgoing United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein.

The lawyer said it was “painful” when he heard about how the Trump administration had separated more than 2,000 children from their families after they had crossed the US-Mexico border.

Video at the link.

In connection with that: ICE Detention Center Says It’s Not Responsible for Staff’s Sexual Abuse of Detainees | American Civil Liberties Union

Can you fucking believe this shit?

All 50 states, the District of Columbia, and the federal government impose criminal liability on correctional facility staff who have sexual contact with people in their custody. These laws recognize that any sexual activity between detainees and detention facility staff, with or without the use of force, is unlawful because of the inherent power imbalance when people are in custody. Yet, one immigration detention center is trying to avoid responsibility for sexual violence within its walls by arguing that the detainee “consented” to sexual abuse.

E.D., an asylum-seeker and domestic violence survivor from Honduras, was sexually assaulted by an employee while she was detained with her 3-year-old child at the Berks Family Residential Center in Pennsylvania. At the time of the assault, E.D. was 19 years old.

She filed suit against the detention center and its staff for their failure to protect her from sexual violence, even though they were aware of the risk. The record in the case, E.D. v. Sharkey, shows that her assailant coerced and threatened her, including with possible deportation, while the defendants stood by and made jokes.

Although the employee pled guilty to criminal institutional sexual assault under Pennsylvania law, the defendants contend that they should not be liable for any constitutional violations. Their argument rests in part on their assessment that the sexual abuse was “consensual” and that they should be held to a different standard because the Berks Family Residential Center is an immigration detention facility rather than a jail or prison.

Read the rest of this disturbing case at the link.

Some updates on the California killer:

“I Hope People Call Me Insane”: Thousand Oaks Shooter Posted To Instagram During The Massacre

Calif. shooter used high-capacity magazine that voters outlawed, but ban was blocked by lawsuit | TheHill

And lastly, these few articles that have a tie-in…civil war.

The American civil war didn’t end. And Trump is a Confederate president | Rebecca Solnit | Opinion | The Guardian

n the 158th year of the American civil war, also known as 2018, the Confederacy continues its recent resurgence. Its victims include black people, of course, but also immigrants, Jews, Muslims, Latinos, trans people, gay people and women who want to exercise jurisdiction over their bodies. The Confederacy battles in favor of uncontrolled guns and poisons, including toxins in streams, mercury from coal plants, carbon emissions into the upper atmosphere, and oil exploitation in previously protected lands and waters.

Its premise appears to be that protection of others limits the rights of white men, and those rights should be unlimited. The Brazilian philosopher of education Paulo Freire once noted that “the oppressors are afraid of losing the ‘freedom to oppress’”. Of course, not all white men support extending that old domination, but those who do see themselves and their privileges as under threat in a society in which women are gaining powers, and demographic shift is taking us to a US in which white people will be a minority by 2045.

More of course, at the link.

Those racist will tell you, the Civil War was strictly over the question of “state’s rights”:

Acting AG Matthew Whitaker Said That States Have Right to Nullify Federal Law – The Daily Beast

Acting attorney general Matthew Whitaker said he believed states have a right to nullify federal law, CNN reports. In a campaign speech for his GOP primary run for Iowa Senator, Whitaker touted the need for states to have “political courage” to nullify federal laws. “Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?” Whitaker said in response to a question at a September 2013 campaign speech. “The federal government’s done a very good job about tying goodies to our compliance with federal programs, whether it’s the Department of Education, whether it’s Obamacare with its generous Medicare and Medicaid dollars and the like… But do I believe in nullification? I think our founding fathers believed in nullification. There’s no doubt about that.” According to a Des Moines Register columnist, Whitaker reportedly made similar remarks about nullification in April 2014 but said he didn’t believed states would do it.

I swear that Whitaker looks like a skinhead/Nazi.

And….at last we come to this:

Russian sites claim the 2020 election will cause an American civil war – Business Insider

  • The Russian media has published more than 30 articles in the past few days suggesting that America could devolve into a civil wardue to the 2020 election.
  • Stories that seek to undermine faith in Western democracy among Russian audiences are a staple of the Russian media, much of which is state-controlled.
  • The source for these articles was an opinion piece published by conservative commentator Niall Ferguson, who references a “cultural civil war” but concludes that civil war is not imminent.
  • This type of coverage in the Russian media highlights the challenge of contending with information that is distorted to the point of inaccuracy but is not explicitly fake.

The Russian media is obsessed with the American civil war. No, not the one that erupted in 1861 over the secession of the South — the civil war that’s coming with the next US presidential election.

tRump’s 30% are just hateful enough…and armed enough, to actually do something crazy like start a war.

This is all I have for today…btw….Tomorrow is my brother’s birthday, he would have been 48 years old. I miss him so fucking much.

This is an open thread.


Wednesday Reads: Tank Girl Says It…Dems Got The House

We can turn this shit around!

 

Hey, I know…that is a little too positive, coming from someone like me…but even I have to grasp at some rays of hope. Yesterday, on my way to practice I took a picture of the sunset. It made me think of the future, in this way:

I said a little prayer, may this setting sun be the last of “tRumpian unaccountability”…and will tomorrow’s morning sun bring hope for our democracy.

That image of Tank Girl, it is morning…she is having tea and putting on her boots…preparing herself for the day’s ass kicking. We can turn this shit around! Let’s see what comes from winning the House?

 

Meanwhile, in Georgia:

As of 8:45 this morning, only 75,386 votes separate Kemp and Abrams…

Brian Kemp’s Lead in Georgia Needs an Asterisk – The Atlantic

The Democrat Stacey Abrams, a black woman, made a valiant effort to win the governor’s race in Georgia, one of the original 13 states, whose commitment to human bondage ensured that the U.S. Constitution would treat slavery with kid gloves. A state that was part of the Confederacy. A state scorched by Union General William Tecumseh Sherman in the Civil War. A state that refused to accept the outcome of that war, treating its black residents as second-class citizens—if that—until the federal government forced its hand, a century later, with the Voting Rights Act. She tried to write a new narrative for this state.

Although Abrams has not yet conceded, citing uncounted ballots, it looks as though the other side has won, and the narrative is the same as ever. Abrams didn’t have to fight just an electoral campaign; she had to fight a civil-rights campaign against the forces of voter suppression.

Indeed, I can’t quite bring myself to say that Abrams “lost,” because there’s an asterisk next to her Republican opponent’s victory.

Brian Kemp, who billed himself as a “Trump conservative,” refused to step aside as Georgia’s secretary of state; he ran for governor of a state while overseeing the elections in that state. Former President Jimmy Carter, a Georgian with much experience monitoring elections abroad, stressed that this conflict of interest ran “counter to the most fundamental principle of democratic elections—that the electoral process be managed by an independent and impartial election authority.”
Kemp had no intention of relinquishing a post he has held since 2010, and often wields as a weapon to cull Georgia’s electorate. He understood that he would need every trick in the book because he was up against a woman who, in addition to serving as the minority leader of the state’s House of Representatives from 2011 to 2017, founded a formidable voter-registration organization, the New Georgia Project.[…]Under Kemp, Georgia purged more than 1.5 million voters from the rolls, eliminating 10.6 percent of voters from the state’s registered electorate from 2016 to 2018 alone. The state shut down 214 polling places, the bulk of them in minority and poor neighborhoods. From 2013 to 2016 it blocked the registration of nearly 35,000 Georgians, including newly naturalized citizens. Georgia accomplished this feat of disfranchisement based on a screening process called “exact match,” meaning the state accepted new registrations only if they matched the information in state databases precisely, including hyphens in names, accents, and even typos.[…]Days before the deadline to register for the November election, the Associated Press reported that Kemp had put 53,000 applicants on hold due to exact-match problems. An analysis of Kemp’s records found that 70 percent of those applicants were black. (Georgia is roughly 32 percent black.) Separately, the Georgia chapter of the American Civil Liberties Union found that some 700 absentee-ballot applications and almost 200 absentee ballots were rejected by county officials due to a law mandating that the signatures on absentee applications and ballots visually match the signatures on file. Thus, poor penmanship was added to the list of crimes that can lead to disenfranchisement in Georgia.[…]

In the end, it looks like Kemp won. It’s impossible to know if his attempts to restrict the franchise are what pushed him over the line. But if the Georgia race had taken place in another country—say, the Republic of Georgia—U.S. media and the U.S. State Department would not have hesitated to question its legitimacy, if for no other reason than Kemp’s dual roles as candidate and election overseer. Of course, there were other reasons. As of this morning, he led by about 75,000 votes; more than 85,000 registrations were canceled through August 1 of this year alone.

Stacy Abrams is vowing not to concede until all votes are counted. I think she should demand a recount…as well.

 

 

 

This is a good thread to round up the tRump effect:

From down along this thread:

Other observations:

This piece of shit is gone:

And…

On that note, here are a few cartoons:

Blue Shadow: 11/07/2018 Cartoon by Steve Artley

Cartoon by Steve Artley - Blue Shadow

I think Boston Boomer had this in one of her post, but it is so good I have to repeat it:

Election Sticker: 11/07/2018 Cartoon by Rob Rogers

Cartoon by Rob Rogers - Election Sticker

11/06/2018 Cartoon by Signe Wilkinson

Cartoon by Signe Wilkinson -

 

 

 

I wonder what the rest of today will bring?

See you in the comments…this is an open thread.

 


Sunday Reads: Guess Who?

Actor Max Schreck, of Nosferatu fame….

Yeah…this guy:


Today’s post is complemented with images of famous people when they were young…some may surprise you…others will not. I hope you enjoy the show.

Earlier this week, Pence came to Georgia. One of my fellow Roller Girls showed up to protest:

View this post on Instagram

Brittany Martin from News Channel 9 talked to me at the Pence/Kemp rally in Dalton yesterday. There's a short clip of me saying a few words. Ill put the link in my bio. Pardon my look, I was standing in the rain. #fucktrump #fuckpence #fuckkemp #makeracistsashamedagain #protest #makechange #VoteStaceyAbrams #staceyabramsforgovernor #wewillnotbesilenced #metoomovement #impeachtrump

A post shared by Abby (@lovelyfatbabe) on

I am so proud of Pixie! It takes guts to stand there, by yourself…and she did get harassed by tRump supporters. Video clip of her interview with the local news station at this link.

Channel 9 Lone Protestor Outside Rally

One thing about the WFTDA (Women’s Flat Track Derby Association), they are proactive when it comes to issues and politics that strike out at causes and the culture Roller Derby stands up for…for instance:

The Women’s Flat Track Derby Association Condemns Discriminatory Policy in the US – WFTDA

In recent days, the United States executive branch has suggested federal policy changes may be coming that would significantly harm transgender, nonbinary, genderqueer, intersex, and other gender nonconforming members of our communities. As the governing body for the sport of roller derby, the Women’s Flat Track Derby Association (WFTDA) denounces these proposed changes, which would be in direct opposition to the inclusive spirit of our roller derby community. We ask other sports governing bodies, amateur and professional, as well as organizations and individuals who recognize the value of inclusivity in sport to join us in pushing back on these discriminatory policies.

As a nonprofit proudly based in Austin, Texas, the WFTDA is saddened to hear of the U.S. Department of Health and Human Services’ interest in defining gender as a biological condition. In the eyes of the WFTDA, this is an attack on our core values as an organization.

In 1972, Title IX was introduced as part of the U.S. Education Amendments, to end “discrimination on the basis of sex.” Title IX specifically offered protections and space for women in amateur sports, addressing the collegiate system directly. In recent years, the NCAA has taken steps to begin extending these protections to transgender athletes wishing to compete at the highest level in their chosen sports, pushing Title IX to end discrimination not just on the basis of assigned sex, but also on the basis of gender expression and transgender status.

The WFTDA has also worked throughout its existence to re-evaluate its own gender policies and create its current gender statement, at the encouragement of the WFTDA community as well as our colleagues in the Junior Roller Derby Association, the Men’s Roller Derby Association, and other organizations that have contributed significantly to gender-expansive competition. Together, we recognize that a commitment to inclusivity makes our sport brighter and more competitive. Diversity adds complexity and nuance that would not otherwise exist on eight wheels. It’s our collective obligation to advocate for the human rights of our membership — especially those who have historically faced disproportionately larger barriers to inclusion.

Please, go to the link to read the rest of the statement. There is a lot more there to chew on.

As you can also see, they encourage their teams to participate in the political discussion:

Arizona Roller Derby Announces the New Names of its International Travel Teams – Arizona Roller Derby

In 2004, AZRD agreed to play the Texas Rollergirls (TXRG) in the first interstate-bout of the modern era. As part of creating its first All-Star team, AZRD members selected the name Tent City Terrors, a satirical political statement in reference to Arizona’s notorious outdoor jail. Many of the skaters on the original team selected a second identity separate from that of their home team, such as “Sheriff Shutyerpaio”. When it was formed, it was unclear when or how many more games the team would play; at the time, there was no flat track organization nor rule set. Still, the name and uniform stuck through the first national tournament held in 2006, and has been used by the team since.

Yeah, a team name…plus derby player’s names to make a political statement. Check out a few other examples below:

Here are a few more links on politics and WFTDA and Roller Derby this:

A few articles on gender issues and concentrating on Derby as an LGBTQ inclusive sport.

WFTDA Gender Statement – WFTDA

Making Inclusivity Happen in Roller Derby – The Apex

The WFTDA Challenges ESPN to Improve Their Relationship with Non – NBC2 News

Roller derby is mashing up gender norms in sport – here’s how

Roller Derby and promoting the Indigenous Community:

Celebrating Indigenous Culture and Community in Roller Derby – WFTDA

Team Indigenous Talks Politics – WiSP Sports | conversations from the world of women’s sports-‘MICK SWAGGER’ AND ‘JUMPY MCGEE’ DISCUSS HOT TOPICS AND THE POLITICS OF TEAM INDIGENOUS AND THE WFTDA

Here is a statement back when tRump issued the fucking Muslim travel ban:

WFTDA Issues Statement Against US Travel Ban – WFTDA

It really makes me proud to be a part of the North Georgia Roller Girls ….which is a WFTDA team associated with Peach State Roller Derby; with the WFTDA backing us, we should stand up for the causes that are a part of the movement that is Women’s Flat Track Roller Derby…it is wonderful to see women like Abby/Pixie embracing the Culture of WFTDA. I applaud her efforts. Brava!

As for the NGRG…we start playing our official first games in March of 2019, so I will definitely keep you all up to date with that nugget of derby news from time to time.

Oh, yeah…more young celebrity pictures:

Milton Berle

Kate Winslet

So back to the shit storm that is tRump.

This little Nazi Youth is none other than tRump himself.

Trump’s attack on birthright citizenship betrays his ignorance – and his weakness | Corey Brettschneider | Opinion | The Guardian

The 14th amendment to the constitution confirms that all Americans are born equal. One immigrant-hating lover of dictators cannot change that with a simple stroke of his pen

In an interview that will air in full on Sunday, Donald Trump reveals that he wants to end birthright citizenship through executive order. But he doesn’t have that power. An executive order cannot reverse the guarantee of citizenship to anyone born in the United States that is enshrined in the constitution.

After the civil war, Congress sought to grant full citizenship to African Americans, who had been denied it under the Dred Scottsupreme court decision. Yet when it passed the 14th amendment in 1868, Congress went further. It wrote a rule making it clear that any person, regardless of ethnicity or national origin, had a right to citizenship upon being born in the US.

The relevant portion of the 14th amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The phrase about jurisdiction was meant to exclude the children of ambassadors and tribal Native Americans, who until 1924 were regarded as citizens of separate sovereign nations.

These words about birthright citizenship reflect the wider values of the 14th amendment, which also guarantees “equal protection of the laws” for all persons. Together with the constitution’s ban on royal titles in Article I, Section 9, the document stands for the idea that the US does not condone hereditary hierarchy – or any legal distinction based on birth or parentage, ideas associated with aristocratic societies. In the US, everyone starts on the same plane.

I also think this is yet another form of tRumpian white nationalist intimidation. Considering the past 2013 Scalia Supreme Court decision which removed the Voting Rights portion of Civil Rights Act of 1964. (Remember the Civil Rights Act will again be revisited soon enough.)

This way of sending these outright threats goes far to back the claims of fascism that Boston Boomer discuss in her post from yesterday.

But back to the the op/ed up top. It goes on to discuss the first case that came before the SCOTUS, in 1898… United States v Wong Kim Ark. Please read the rest to learn more…

I’m going to stick with the Guardian for the next few links, I think it will give us a good look from a different perspective.

Julia Roberts

‘This is Georgia’: hate, hope and history in election that shows the clash of two Americas | US news | The Guardian

Hey, what a fucking surprise. Georgia’s election shit is making news over in the UK!

“The consequences of any of us staying home really are profound because America’s at a crossroads,” he warned. “The healthcare of millions of people is on the ballot. Making sure working families get a fair shake is on the ballot. But maybe most of all, the character of our country is on the ballot.”

It was not meant to be like this. America’s first black president hoped to steer the nation on an upward trajectory. Then came Donald Trump, a man endorsed by white supremacists and the breathing embodiment of everything Obama is not. On Tuesday, these two radically opposing visions of “the character of our country” will collide at the ballot box. Georgia is ground zero.

I live in ground zero. I know the crap first hand. Ugh.

From Seinfeld to bagels, it was always easy to be a Jew in America. What changed? | Hadley Freeman | News | The Guardian by Hadley Freeman.

Recently a clutch of American relatives came to visit me in London. I don’t get to see my extended family so much these days, but thanks to the internet they see me all the time, reading my articles and sending messages so supportive they occasionally reject English as insufficiently adoring and opt for Yiddish (“I’m kvelling!”). They ask me about the different things I’ve been writing about: celebrities, feminism, and so on. But when they made the transatlantic trip this time there was a rare consensus: they all wanted to talk about the rise of antisemitism in Europe.

What is going on? It’s just crazy!” one uncle said to me after I wrote about protesting against antisemitism in British politics. We discussed the rise in verbal and physical attacks on Jews in the UK, the election of Viktor Orbán in Hungary, the Law and Justice party in Poland. He was especially horrified by the murder of 85-year-old Holocaust survivor Mireille Knoll in Paris. “It is just unimaginable,” my cousin said.

Marlene Dietrich

Dietrich was one of many German born actors/entertainers who spoke out and actively campaigned against Hitler during WWII.

‘Vaya con Dios:’ the impossible life of an immigration judge at the US border | US news | The Guardian

Robert Brack, who at one point had the heaviest caseload of any federal judge in the US, pleads for justice for the immigrants he sees every day

One more link for today’s post…

Jon Stewart is right: How long will the media continue to play Trump’s game?

A fleeting moment within the teaser for Axios’s interview with Donald Trump, the centerpiece of Sunday’s “Axios on HBO,” tells all you need to know about how the president truly feels about his relationship to the media.

Moments after Jim VandeHei admits to Trump that his “enemy of the people” rhetoric scares the hell out of him, the reporter (and co-founder of the media site) tells the president, “You are, like, the most powerful man in the world.”

Reflexively Trump looks off-camera and grins, briefly, his face flush with what appears to be self-satisfaction. There was concentrated smugness in that expression, tinged with a pugilist’s cruelty.

In that scene, VandeHei points out the extreme irresponsibility of any leader of the free world using his position and platform to vilify an entire class of people, and using that rhetoric to stoke the emotions of the people who constitute his base.

Ever the attention-hungry reality show star, Trump softly replies, “They like me more because of it,” calling his dangerous hyperbolic term the only way he can fight back. That satisfied grin says he knows he’s winning.

Axios on HBO,” premiering Sunday at 6:30 p.m., is one of many specials the news site will run on the premium cable channel as part of a partnership. HBO has been steadily expanding its news and information footprint. And that in itself indicates how malleable our concept of news has become under Trump’s administration.

This is the interview where tRump announces he is going to snap his fingers…click his heels and poof, no more “14th Amendment.”

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So what are you finding today as we count down to Tuesday’s election?

This is an open thread.