Yesterday, Virgil and I had a good visit, and I got home (and changed and the mail in) but about 6:30 He returns all greetings. It was a better than avergae visit (tey’re all good).I don’t want to break his confidentiality,but he has been having very vivid nightmares lately – so vivid he calls me he tells me what happened in the dream as something that really happened, when it’s impossible. Yesterday was the first time we ever talked about one during a visit, and was able to associate the scariness of the dreams to an actual time period in his life (before we met) which was both sad and scary for real. I hope this knowledge opens up his ability to deal with it better.
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Vice News – Capitol Police Officer Arrested for Aiding January 6 Rioter
Quote – Officer Michael A. Riley, an officer with more than two decades on the force, was charged with obstruction of justice for Facebook messaging an alleged rioter and warning them to delete posts that said they’d been in the Capitol. Riley is the first Capitol officer who’s been arrested for charges stemming from the January 6 riots, according to the U.S. Capitol Police. According to the indictment, Riley friended a man on Facebook who’d posted selfies and other evidence that he was in the Capitol during the riots and warned him to take the posts down so as to avoid possible charges. He identified himself as a Capitol officer “who agrees with your political stance,” and told him to “take down the part about being in the building.” Click through fpr details. I have no words. Well, maybe one – “Goodbye.”
Politico – Law enforcement’s use of force against Jan. 6 conspiracy suspects draws heat — and credit
Quote – FBI agents had just found a cache of firearms during a search at the Nashville home of Eric Munchel — the body-armor-clad Capitol rioter famously photographed carrying zip ties in the Senate chamber on Jan. 6 — when the bureau issued a consequential warning. The FBI warned that police departments seeking to detain Jan. 6 suspects should “exercise caution and consider use of SWAT when affecting the arrest of individuals who displayed body armor or other armament during criminal activity conducted at the US Capitol.” Click through for story. I was to see a swat team arrest Mo Brooks.
The Hill via MSN et al. – Sen. Whitehouse blasts Alito speech: ‘You have fouled your nest, not us’
Quote – During his speech, Alito took particular exception to what he characterized as media distortions that feed into a false portrayal of the court as a “dangerous cabal.” But Whitehouse said the court’s deteriorating standing among the public has been largely self-inflicted. He ticked off a number of court rulings that he said demonstrates a pattern in which the court’s decisionmaking fits neatly with the interests of well-heeled Republican donors. Click through for more back-and-forth, and also more sources. I would have one tiny grammatical quibble … but if Sen. Whitehouse wants to say “us” when “we” is correct, he has my permission. With him, it’s the substance which counts. And no one could possibly misunderstand his meaning in context.
Yesterday a friend’s young adult son came by to mow the weeds in my front yard. I guess I should say “use a weedwhacker) rather than “mow” because they are were just that tall. At any rate, that should keep the county off my back for a while. I also received news of the death of someone who was a close friend in high school. There were four of us … now there are only three. I need to realize that this will continue to happen from time to time. I am hanging in.
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The Hill – Supreme Court rules against NCAA in dispute over student-athlete compensation
Quote – Justice Brett Kavanaugh agreed with the judgment but wrote a separate concurring opinion that contained a blistering critique of the NCAA’s business model, which generates considerable revenue, particularly from Division I football and basketball. “Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” Kavanaugh wrote. “And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.” Click through for story. I had to pick my jaw up off the floor. On the principle of “never trust a Republican,” there;s probably some ulterior motive, possibly a setup to do future harm to colleges and universities(?). But it’s still amazing.
So, Al Franken is going on tour. It’s called “The Only Former U.S. Senator Currently on Tour Tour”.
Quote from email: Tickets for The Only Former U.S. Senator Currently on Tour Tour go on presale Wednesday at 10am in every time zone with the code word SENATOR. Just click HERE to find out when I’ll be in a city near you. I hope to see you there. My promise is that you’ll laugh, you’ll think, and you’ll leave hopeful about our future. Unless I’m in a bad mood that night. Click through for full dates and venues, and don’t forget to use the code word if interested.
The NM Political Report – The Great disconnect
Quote – On May 18, a judge overseeing the historic Yazzie-Martinez case ordered the New Mexico Public Education Department to take stock of the massive digital divide in the state and finally identify the roughly 76,000 students who lacked Internet connections they desperately needed for school. One of PED’s responses was to create a Google survey for students and staff to fill out online, an action that left advocates and school leaders mystified. Click through for the details. I really thought people in New Mexico were smarter than that … after they fired Susanna Martinez and elected Deb Haaland …
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
“Quot homines, tot sententiae.” (Or in other words, “Opinions are like [fill in NSFW blank]; everybody has one.”) I have another election article I was ready to use, but it can wait. I suspect everyone’s nerves are as shredded as mine about, not the election itself, but the Trump* response to it, and this article addresses contested elections directly, and may (or, of course, not) be a calming influence, or at the very least give us ideas on how to be ready for anything.
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All that sets up the country for a disputed presidential election, with recounts and court battles in key states and a nation left wondering both who will lead it and whether they should have faith in the election’s integrity. We asked five scholars to provide a history of contested elections in the United States and to explain what happens when an election is disputed. Here are those stories, from our archives.
Cohen lays out what elections normally do: They “generate legitimacy because citizens contribute to the selection of leadership.” And even in contested elections of the past, he continues, that legitimacy has been sustained because those disputes have been handled according to the rules. Politicians and citizens may have “howled” about the unfairness of the outcome, but, Cohen reports, they accepted it.
2. How to get to the Supreme Court
State law controls almost every aspect of voting, so if there’s an election dispute, then it will go to a state court, writes constitutional scholar John Finn. “A candidate who wants to challenge the result in any particular state must first identify what provision of state law the election did not satisfy.” Most of the time, a state court decision will determine which presidential candidate gets the state’s electoral votes, with a final decision made by the state’s supreme court.
But then there is Bush v. Gore, the case that settled the 2000 election, which demonstrated that an election dispute can end up being heard by the Supreme Court if someone charges that a federal constitutional right has been violated. It’s possible, Finn writes, that several challenges similar to Bush v. Gore could arise in the 2020 election. “And where the lawsuits involved in Bush v. Gore all originated in Florida,” he writes, “this time the chaos may reach across several states.”
3. Throw the vote to Congress
There is another way that an election can end up being decided by others than the voters and the Electoral College. Not when it’s a disputed election, but when the Electoral College members are tied or don’t give any candidate a straight majority. That throws the election to the House of Representatives.
Political scientist Donald Brand writes that this method of determining a winner was not exactly the first choice of the framers, who “sought to avoid congressional involvement in presidential elections.” But if the Electoral College couldn’t provide a majority vote for one candidate, the election would wind up in the House, “presumably because as the institution closest to the people, it could bestow some democratic legitimacy on a contingent election.”
Political scientist Sarah Burns says that the election of 1824, which was resolved with what was then called a “corrupt bargain,” and the disputed 2000 election, which was effectively ended by the Supreme Court, both caused such anger that they poisoned national politics for some time. Critics of the court’s decisive role in 2000 pointed out that “Bush had failed to win the popular vote, and that the Supreme Court vote was split 5-4, with the conservative justices in the majority delivering an outcome favorable to their political leanings.”
5. Judicial credibility
Judges like to stay in their branch of government – the judiciary – and leave the politics to politicians. Supreme Court Justice Felix Frankfurter warned his fellow jurists to avoid “embroilment” in “the political thicket” of “party contests and party interests.” But a disputed election will be fought in the courts, and that’s dangerous for the standing of any court, especially the U.S. Supreme Court. Voters will see judges’ actions and ascribe political intent to them, even if that’s not the case.
Austin Sarat, a legal scholar and political scientist, rakes into a pile the hundreds of lawsuits that have already been mounted over how the election is conducted this year, describing what they aim to do. He believes that the election’s outcome is likely to end up in court – and he says there’s danger ahead, for the lower courts as well as the Supreme Court.
“Whatever decisions judges make this year, the rush to the courthouse to shape the 2020 election will pose real challenges for their legitimacy, which ultimately depends on the public’s belief that they are not simply political actors.”
Editor’s note: This story is a roundup of articles from The Conversation’s archives.
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AMT, anything you can do to help ensure that we don’t have to worry about this will be deeply appreciated by all.
Lincoln Project – No CC – Transcript does not include sarcasm, so feel free to supply your own.
Thank you, Mr. President, for taking off the mask. Thank you for threatening America with violence when you lose, [and?] that only yout votes are counted. And for trying to rig this election and intimidate voters. For embracing the tactics of the tyrants you admire, and trying to use those tactics against the American people. Thank you for showing the American people exactly who and what you are. Because we’re perfectyly aware that you aren’t joking and you aren’t trolling any more. The future you and your pet Senators want is just as [unintelligible] as yours, but your time is running out. Your legacy and your place in history awaits – a legacy of failing – a blight on our history. Defeat is coming. Accountability is coming. We are coming.
Kamala Harris opening statement at Barrett hearing (actually starts at 0:42 and goes to 10:49). A little echo-ey, but there is CC.
You can pretty consistently count on Amy Klobuchar to give it straight.
FILE– Justice Ruth Bader Ginsburg in her chambers in Washington, Aug. 23, 2013. Ginsburg on July 14, 2016, apologized for her recent remarks about the candidacy of Donald Trump, saying “On reflection, my recent remarks in response to press inquiries were ill-advised, and I regret making them.” (Hilary Swift/The New York Times)
KADDISH
Exalted and hallowed be God’s great name
in the world which God created, according to plan.
May God’s majesty be revealed in the days of our lifetime
and the life of all Israel — speedily, imminently,
To which we say: Amen.
Blessed be God’s great name to all eternity.
Blessed, praised, honored, exalted,
extolled, glorified, adored, and lauded
be the name of the Holy Blessed One,
beyond all earthly words and songs of blessing, praise, and comfort.
To which we say: Amen.
May there be abundant peace from heaven, and life, for us and all Israel.
To which we say: Amen.
May the One who creates harmony on high, bring peace to us and to all Israel.
To which we say: Amen.