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No, the Meuller report ***DID NOT*** “find no collusion!”

No, the Meuller report ***DID NOT*** “find no collusion!”

This past week I nearly became apoplectic about he malfeasance of much of the press and the punditry reporting of Barr’s 6 paragraph substantive “summary” (3 paragraphs each as to “collusion” and “obstruction of justice”) of Mueller’s roughly 300 page report.

As an initial matter, because Mueller’s grand jury is continuing to meet, and there are still subpoenas and witnesses outstanding, it is incorrect to say that “the investigation” has concluded. clearly “the investigation” is ongoing. What *has* concluded is Mueller’s involvement as special counsel, now that an Attorney General has taken over who did not have to recuse himself. Keep that basic point in mind.

But that’s not what got me livid. Much has already been covered by others. But it is one important, even fundamental, aspect of Barr’s executive summary on which I wanted to focus.

Start with the fact that Barr is a very good attorney. He is going to choose his words, and what he cites and what he omits with great care. Now, this is the *totality* of the language from the actual Mueller report that Barr quotes as to collusion:

“[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.”

Barr repeats this formulation virtually verbatim twice more in his letter. Here’s the second time:

Stop right there. Let me just slightly reword Barr’s money quote:

“[T]he investigation established that members of the Trump Campaigndid not conspire or coordinate with the Russian government in its election interference activities.”

All I did was change the phraseology (in italics) slightly. But the meaning is much more definite and sharper. In my formulation above:

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Nazi executioner judge: “Political correctness is worse than Nazi tyranny.”

The terrorist mass murder in Christchurch, New Zealand two weeks ago has sent me back to my archives to retrieve my documentation of Anders Breivik’s extensive plagiarism of the writings of William S. Lind, et al.

Did I say “extensive” plagiarism? Breivik copied and pasted the whole 19,000 word pamphlet, making minor revisions here and there and deleting around 4,000 words that dealt with more arcane academic topics, such as Derridean deconstruction. Below is an example of the markup comparison of documents from Lind’s to Breivik’s, with insertions in blue and deletions in red:

At the end of Lind’s tract, he included a bibliographical essay “…as a guide for interested citizsens who want to learn more about the ideology that is taking over Western Europe and America.” One of the entries in that bibliography was The Frankfurt School: Its History, Theories and Political Significance by Rolf Wiggershaus. Lind quoted a passage from the book’s “Afterword”

Since the publication in 1970 of his book The Poverty of Critical Theory, Rohrmoser has promulgated, in constantly varying forms, the view that Marcuse, Adorno and Horkheimer were the terrorists’ intellectual foster-parents, who were using cultural revolution to destroy the traditions of the Christian West. Academics such as Ernst Topitsch and Kurt Sontheimer, who saw themselves as educators and liberal democrats, followed in Rohrmoser’s footsteps. In 1972 Topitsch, a critical rationalist who was Professor of Philosophy in Graz, had stated that behind the slogans of ‘rational discussion’ and ‘dialogue free of domination’ there was being established at the universities ‘a distinct terrorism of political convictions such as has never existed before, even under Nazi tyranny’

What struck me as odd about the above passage was that “Rohrmoser” had no first name. At first, I suspected the passage was simply cut and pasted in without acknowledging that it was a quoted text. But the absence of quotation marks may have been simply an artifact of indent formatting lost during conversion to a web document. I was curious to find out Rohrmoser’s first name, which appeared in the sentence before the passage quoted by Lind:

Günther Rohrmoser was a social philosopher employed by [Hans] Filbinger, who, as a judge at a naval court martial during the last days of the Second World War, had pronounced a scandalous death sentence which he defended during the 1970s by saying that what was the law then could not be injustice today.

Hans Karl Filbinger was Minister President of Baden-Württemberg from 1966 to 1978. In October of 1977, in response to the kidnapping and murder of Hanns Martin Schleyer by the Red Army Faction, Filbinger gave a speech in which he blamed the teachings of the Frankfurt School for the terrorism. Such accusations, elaborated by academics such as Rohrmoser, Topitsch, Sontheimer and others became the basis for efforts to suppress student activism and the teaching of Critical Theory.

In 1978, Filbinger was accused of having presided — either as prosecutor or judge — over the executions of several sailors at the conclusion of the Second World War. The Wikipedia article outlines extenuating circumstances in his favor: several of the death sentences were in absentia and never carried out, others were commuted to prison sentences and in the one case that resulted in an execution he appears, according to the Wikipedia article,  to have been “filling in” for a prosecutor who had already asked for the death sentence. In In Pursuit of German Memory: History, Television, and Politics After Auschwitz, Wulf Kansteiner offered the following account of the outcome of the scandal:

With proper symbolic guilt management, none of these facts would have ended Filbinger’s career, but he committed two major public relations mistakes that made his resignation inevitable. First, Filbinger failed to reveal the full record of his service as a military jurist; the press found a total of four death sentences that listed Filbinger as an officer of the court and that he professed to have forgotten. Second, although Filbinger explained and defended his actions at length, he never apologized to his colleagues, his voters, or the relatives of the soldiers he had condemned to death. He failed to realize that legal innocence no longer amounted to historical innocence. Just because he had not committed any crimes in the eyes of the law did not mean that he could survive in the court of public opinion.

So it wasn’t the crimes Hans Filbinger committed — or didn’t commit — but the cover-up that disgraced him. Lind’s omission of the context for Wiggershaus’s discussion of Rohrmoser’s attacks on Critical Theory as the “foster parents of terrorism” deprives his readers of two crucial perspectives. The more sensational but ultimately trivial insight was the status of one of the accusers of the Frankfurt School as an actual Nazi who presided over at least one execution and subsequently tried to conceal his past.

But the more important aspect was the precedent in West Germany of the 1970s of a political campaign against Critical Theory orchestrated by high government officials. In addition to Filbinger, Franz Josef Strauss, leader of the Bavarian Christian Social Union, and Alfred Dregger chairman of the Christian Democratic Union in the state of Hesse “promptly labeled the Frankfurt School a cause of terrorism.”

Jürgen Habermas gave a contemporaneous account of this assault on the Frankfurt School in an article that first appeared in Der Spiegel in October 1977 and was subsequently translated and published in the New German Critique. It is worthwhile to quote at some length from that article because illuminates an historical parallel that few Americans would be at all aware of:

As an undergraduate I was struck by the fact that such influential figures of the post-war generation, eminent men like Martin Heidegger and Carl Schmitt, had made politically astonishing statements and had advocated unfortunate doctrines. The first, as chancellor of the University of Freiburg, had welcomed the Nazis’ seizure of power and exalted its significance metaphysically, while second had theoretically vindicated that state which Hitler created. After the war, neither of them considered an unequivocal political explanation or a public revision of their actions to be necessary.

These shocking examples – and they are, after all, just examples – sharpened my, sharpened our awareness of the consequences of the theoretical matters which we teach and write. They are not simply arguments which are absorbed by the scholarly process and then survive or dissolve within it. On the contrary, as published and spoken words, they have an effect on readers and listeners at the moment of their reception which the author cannot revoke or withdraw as if he or she were dealing with logical propositions. Now of course it would be absurd to subscribe to the author the unintended consequences of an author’s statements without considering the circumstances which surround them. It is, however, equally absurd to pretend that the ideological history of a work’s consequences are entirely extrinsic. There is only one pragmatic escape from this dilemma, and unfortunately it is not easily put into practice. An author’s awareness of this dilemma must sufficiently limit his teaching and writing: an individual should not succumb to the atmosphere of objective irresponsibility, nor should an individual expand moral accountability to such an extent that he or she is paralyzed by the fear of uncertain and unexplored areas. Then only silence would remain.

It is obvious that Strauss and Dregger want to intimidate us so that we shall seek refuge in this last alternative. Both obscure the fact that in the 1960s it was the left-wing professors who were especially and distinctly conscious of intellectual causalities. Instead Strauss and Dregger construct a scenario of objective responsibility in a manner which until now has only met with approval in the dominions of Stalinist bureaucrats.

Does William Lind take responsibility for the (presumably) unintended consequences of what he has written, given the dilemma framed above by Habermas? Lind does a weekly YouTube broadcast called traditionalRIGHT in which he gives his opinions on items in the news. On March 17, he discussed the mass murders in Christchurch. On March 24, he addressed an executive order signed by Donald Trump that would cut off federal funding from universities that inhibited the “free speech” of conservatives. I have listened to these segments several times and downloaded transcripts that I have read closely. I will present my summary and interpretation of them in a subsequent post.

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Looking for Mister Good Barr

Looking for Mister Good Barr

I confess. I posted The Barr Letter and Useful Idiots of the Jaded Left to troll for tin-foil hats. I am agnostic on the Mueller investigation. I have never viewed Mueller, Comey or Rachel Maddow as the savior of truth, justice and the American Way. My objection to Taibbi, Greenwald et al.’s gloating is primarily against their premature ejaculation — although their glee is also reprehensible under the circumstances.

But here is the thing about tin-foil hat thinking: if you are going to engage in it, do it right. Let’s say there is this vast establishment, deep state conspiracy to overthrow the popular will electoral college result of the 2016 election. Hey, I can get down with that! What makes the Glenns and the Matts and the Halaszes and likbezes so confident that William Barr isn’t part of that conspiracy? Absolutely nothing. They simply haven’t thought through their heist.

Here’s how I would NAIL Donald Trump if I was William Barr: I would write a four-page letter that appears to exonerate him from conspiracy or coordination and in which I explicitly decline to indict on obstruction of justice charges. See what I did there? No?

I sidestepped the “can’t indict a sitting President” rule. That sets a precedent. Now we let that settle in for a while. Nobody objects — least of all the President of the United States who thinks he has just been cleared. Next comes the indictment from SDNY. But wait a minute! You can’t indict a sitting President! Oh yeah? The Attorney General just waived that rule.

Is my little scenario true? I doubt it. But it is no less plausible than the half-baked conspiracy scenarios heralded by the half-cocked tin-foil hat crew. Of course the paranoid style is not noted for  consistency or for thinking things through.

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The Barr Letter and Useful Idiots of the Jaded Left

The Barr Letter and Useful Idiots of the Jaded Left

As everyone knows by now, President Trump has been totally “exonerated” for everything, ever, by a four-page letter from William Barr, the Attorney General whom he appointed expressly to “exonerate” him. With regard to potential obstruction-of-justice, on page three of his letter, Barr cited Special Counsel Mueller’s statement that “while this report does not conclude that the President committed a crime, it also does not exonerate him.”

Understandably, Trump’s allies and surrogates are ecstatic that Trump has been so unequivocally and unconditionally exonerated by a letter about a report that “does not exonerate him.” But the gloating does not stop there. A contingent of “left” journalists and self-styled pundits are jumping in the self-congratulatory bandwagon.

The “leftist” critique of the Russia collusion story follows a certain “dialectical” logic: first, the lesser of two evils is the greater danger and therefore my foe and second, the enemy of my enemy is my friend. Alleged journalist Glenn Greenwald presents an inarticulate version of this critique when he sputters hyperbole on Democracy Now. Greenwald magically transforms not establishing an actionable criminal case into not a shred of evidence.

 

 

Matt Taibbi gives a more nuanced performance in comparing Russiagate to the Bush administration’s lies about Saddam’s weapons of mass destruction. Taibbi qualifies his hyperbole by noting the hundreds of thousands of deaths and trillions of dollars wasted as a result of the latter. “Unless Russiagate leads to a nuclear conflict, we’re unlikely to ever see that level of consequence.” But in terms of journalism?

As a purely journalistic failure, however, WMD was a pimple compared to Russiagate. The sheer scale of the errors and exaggerations this time around dwarfs the last mess. Worse, it’s led to most journalists accepting a radical change in mission. We’ve become sides-choosers, obliterating the concept of the press as an independent institution whose primary role is sorting fact and fiction.

What a load of bollocks. Are we now supposed to believe that up until the time of the Steele dossier, the corporate news media was “an independent institution whose primary role is sorting fact and fiction”? Fox? Breitbart? Daily Caller? Not to mention non-stop CNN and NYT coverage of Trump rallies, diners in rural Pennsylvania, personable neo-Nazis, Clinton emails and climate change

In his comprehensive critique of journalistic failure, Taibbi mentioned Fox once and the Daily Caller twice — to note their coverage of Michael Cohen’s denial of having ever been in Prague. Throughout the whole affair, the vast right-wing propaganda Wurlitzer was presumably acting as “an independent institution whose primary role is sorting fact and fiction.” Thank you, Matt Taibbi for your bold refusal to choose sides!

Not that it matters, but the mainstream media framing of the Russia collusion story was orchestrated by the “victim” of the “witch hunt.” The Mueller investigation was initiated by the Trump-appointed Deputy Attorney General who wrote the memo to give Trump cover for firing James Comey. The soi-disant “left” critics of Russiagate have bought that framing and are now gloating that “their side” has won.

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Light Sentence

“Legal observers were surprised by the relatively light, 47-month sentence received Thursday by President Trump’s former campaign chairman Paul Manafort, who was convicted in August on charges of tax and bank fraud.

The 69-year-old, who appeared in the court in Virginia in a wheelchair and pleaded for compassion, could have been sentenced to up to 24 years in federal prison.

With time served, Thursday’s sentence means Manafort could spend a little more than three years behind bars for this case.

NBC News and MSNBC legal analyst Glenn Kirschner: ‘As a former prosecutor, I’m embarrassed. As an American, I’m upset … I am just as disappointed with Judge Ellis. It’s an outrage and it’s disrespectful of the American people.'”

I have been in level 4, 2, and 1 prisons. I used to chase prisoners a long time ago. None of these prisons are a walk in the park. The prison up in Pugsley, Michigan was a level 1 and one of the most dangerous ones in the state as they transferred a bunch of long timers there who did not give a . . . . . you know what I mean. For this peace of garbage ‘Manafort’ it has to be a huge let down having to associate with the lesser human beings who will be making fun of him. Lets see what the next sentencing brings. If they run it consecutively and it goes over 10 years, he will go to a Level 4.

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WaPo Sued for $250 million

This is really, really Rich . . .

Nick Sandmann, high school junior who faced off with Native American elder Nathan Phillips on the Lincoln Memorial steps is suing WaPo for $250 million. It is “only the beginning said attorneys Lin Wood and Todd McMurtry, on their firm’s website, noting that it was the ‘first lawsuit’ on Sandmann’s behalf.”

The Nathan Phillips MAGA smirker “video went viral in January as multiple groups collided after Sandmann attended the Right to Life March and Phillips attended the Indigenous People’s March, two separate events. Sandmann did not give way upon Phillp’s approach at the Lincoln Memorial.

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Another Question for the Census

Another Question for the Census

The Trump gang has kicked up a ruckus over its plan to insert a question about citizenship in the 2020 decennial census.  It’s a transparent attempt to reduce the response rate of immigrants, disenfranchising them in reapportionment and government spending formulas, despite the Constitution’s call for an enumeration of “persons”, not citizens.

But why stop at citizenship?  When you think about, there is no government interest greater than its ability to collect taxes, the main obstacle to which is tax avoidance, legal and illegal.  Researchers looking into this problem, not to mention government analysts themselves, struggle in the face of rampant secrecy.

So why not use the census to get a better picture of tax cheating?  Insert just a single question, “Within the past year have you failed to pay your lawful federal, state or local tax obligations?”  Respondents should be reminded that a dishonest answer constitutes a violation of federal law.  The fine is small compared to most tax avoidance, but the last thing most tax scofflaws want is added attention to their financial duplicity.

I can see the confusion when the numbers are tallied in 2021.  “Gee, there are all these big houses, shady streets and golf courses, but according to our data no one actually lives here.”

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Reduction in Representation as the remedy for voter suppression

Reduction in Representation as the remedy for voter suppression

This is the second take prompted by my reading of David W. Blight‘s biography of Frederick Douglass.

In the “nothing is every really new” department, voter suppression was very much on the mind of Douglass and other radical Republicans during the Civil War and its immediate aftermath. Douglass was fond of saying that blacks would only gain equality once they exercised power through three “boxes: the cartridge box, the jury box, and the ballot box.” In other words, first equality would have to be fought for in the war. Then there would need to be legal equality. And finally, the only way to protect that legal equality would be via the right to vote.

Douglass and others were very clear-minded that the “copperhead” Democrats would continue to suppress freed blacks by denying them access to voting rights, all the while continuing to gain power via counting freed blacks towards representation in the Congress. Sound familiar at all?

While the ultimate step was the passage of the Fifteenth Amendment in 1969-70, the second Section of the Fourteenth Amendment addresses voter suppression directly, and mandates a specific remedy that is well worth renewed consideration today.

Here are the relevant texts of the first and second Sections of the Fourteenth Amendment.

Section One of the Amendment mandates that

“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.”

Section Two states:

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election … is denied to any … citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.”

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Frederick Douglass, Andrew Johnson, and the Copperhead GOP

Frederick Douglass, Andrew Johnson, and the Copperhead GOP

I am currently reading David W. Blight’s biography of Frederick Douglass, the 19th century orator and champion of black equality. Today I wanted to briefly write on several timely topics inspired by that tome.

Douglass was biracial, or in the parlance of the day, a mulatto. His mother was a young slave named Harriet Bailey. His father was probably Aaron Anthony, the “overseer of overseers” of slaves at the nearby Wye Plantation on the eastern shore of Maryland. He was probably conceived in rape.

His earliest memories included Anthony giving his mother’s sister a vicious whipping for the crime of having a romantic relationship with a young male slave; and Anthony also gently leading him by the hand, patting him on the head, tousling his hair, and calling him “my little Indian boy.”

 

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Scales of Justice Played Out in Madison County, Indiana

There is quite a bit of Medicare fraud occurring in the nation and there has been a coordinated attack on it. The fraud can be measured in the $billions. Commercial healthcare Insurance fraud is also a problem and insurance companies spend quite a bit of money fighting it which adds to their administrative fees of 15 and 20%.

99.9% of the time the theft goes into the pocket of the thieves. People get rich off of this stuff.

In Madison County Indiana, a school superintendent resigned her position. The reason? She took a student to a healthcare clinic seeking treatment for him because he had symptoms of Strep throat. Not a big deal and an act of kindness and charity.

The problem arises with her claiming him as her son and having her insurance pay the $233 bill. Except, this was not her son, she committed fraud, and her kindness and charity does not count.

The Madison County prosecutor Rodney J. Cummings who has tried “100 major felony and homicide jury trials” has charged the school superintendent with three felonies and one misdemeanor. Yes, it is an act of theft. I admit it and I am sure others will dispute my cavalier attitude here on crime and justice.

$233 to help a child and committing fraud to get him care is now worthy of three felony charges plus a misdemeanor? What was I thinking when the state news in Indiana is talking about $billions in Medicare, healthcare, and opinion fraud? Perhaps, not much is happening in Madison County just northeast of Indianapolis.

But then there is the plea deal going on here. One year of checking in with the county to make sure you are still behaving and admit to the crime. As measured against the $thousand which will be spent on court dates and administering the sentence for one year. Mr. Prosecutor, don’t you have something better to do?

Scrap the three felonies and misdemeanor. There is no evil act going on here and move on to other things. She can pay the insurance company back, court costs, get a stern warning, you will still look like you are cracking down on fraud, and also show you have a heart

Now here is a potential real felony: “Two days after accidentally firing his handgun into the floor of an Anderson restaurant, Madison County Prosecutor Rodney Cummings acknowledges he could have done more to prevent the mishap.”

Awww, sorry folks, it was a new gun. Go back to eating your steaks (Texas Roadhouse).

“It was a new gun. I’ve only had it for a couple weeks, who noted he has carried a firearm for 36 years as a prosecutor and a police officer.”

Cummings told the newspaper he plans to have the gun examined by an armorer to ensure there are no mechanical problems. He also plans to buy a holster.

“I will not in the future have a round in the chamber, It’s just not worth the risk.”

Another JA wannabe cowboy.

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