The Incivility Spreads

As you probably know, the staff of Maryland-based Capital Gazette were victims of a shooting attack, not to say mass murder or even terrorism (we much prefer “targeted attack”). CNN’s Anderson Cooper had two of the surviving victims on his show 360, both Gazette journalists, one named Selene San Felice the other Phil Davis. Both made important statements, but in response to the myriad thoughts and prayers sent in the direction of her and her surviving colleagues, the man and the woman who had just witnessed someone killed before their eyes had some pretty uncivil things to say:

Selene San Felice: I’ve heard that President Trump sends his prayers. … We need more than prayers. I appreciate the prayers. I was praying the entire time I was under that desk. I want your prayers but I want something else.

Phil Davis: … I was praying when he started reloading that shotgun that there weren’t going to be more bodies. And you know what? If we’re going to have a position in society where all we can offer each other is prayer then where are we?

San Felice: This is going to be a story for how many days? Less than a week? People will forget about us after a week unless, y’known, we keep tweeting. I don’t really care about tweeting right now. … I don’t know what I want right now, right? but I’m gunna need more than a couple days of news coverage and some thoughts and prayers. Because it’s…. Our whole lives have been shattered. And so, thanks for your prayers but I couldn’t give a f*ck about them if there’s nothing else.

While Fox News and conservatives generally are going to give San Felice and Davis a lecture about how their incivility caused their colleagues murders in yet another proof of the dictum pre hoc ergo propter hoc, lets give San Felice and Davis something different than blame, something better than lectures, something more than just thoughts and prayers.

If you’re a US citizen living anywhere or anyone living legally in the US, call your House Rep and your Senators and express yourself on what you think are appropriate government (and especially legislative) responses to mass murder.

 

 

Don’t Be This Wrong: Salon Spreads Serious Misinformation

In an article criticizing trump as a Sadist, Salon writer Chauncey DeVega writes a supposedly-factual introduction to what is later a very opinionated piece in such a way as to screw up a very, very important basic fact:

The United States Constitution grants President Donald Trump many powers. They include being the Chief Executive, Chief Legislator and Commander-in-Chief of the military. Not to be content with such powers, Donald Trump has also taken on other roles as well. Donald Trump is the Sadist-in-Chief of the United States of America. Cruelty and meanness are his modus operandi.

Did you catch it? DeVega would have you believe that Trump is constitutionally empowered to be the United States’ “Chief Legislator”.

No. That’s just wrong. It’s so very, very wrong it’s hard to communicate. If you’re from the US or went to grade school here (or even if you just know how to read between the lines of subtle slogans like “No More Kings”), you know that placing primary legislative powers in the hands of the chief executive is exactly what the constitutional framers did not want.

The President cannot set the congressional schedule or call a committee to order. The President cannot introduce a bill before congress or propose language revisions for an existing bill. The President cannot vote in either the House or the Senate. The President cannot amend or authoritatively interpret legislation. The president cannot employ a veto to reject parts of a bill while retaining the effectiveness of other parts: the president must accept all of a legislative act or none of it.

The President is not a legislator and Congress is not a parliament.

We are sufficiently Freuded already without giving Trump even more power. Don’t for a moment concede that the constitution gives Trump any kind of legislative power.

Holy Freuding Freud, Alabama: Your Court Elections Are Partisan?

First off, have I mentioned that I love The Root generally, and Michael Harriot specifically? Well, it and he have a new article up about the man republicans have nominated to run for Chief Justice of the Supreme Court of Alabama.

The focus?

The man who could replace Roy Moore as the next chief justice of Alabama’s Supreme Court is a lot like Moore—only more racist and homophobic.

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The Real Victim in the Brock Turner Rape Case: Aaron Persky

Aaron Persky, the judge who gave Stanford athlete Brock Turner 6 months after Turner was convicted of rape in a trial before Persky’s court, is facing a recall election today. As someone who cares deeply about the rule of law, I hope to fuck California voters throw him the hell off the bench. And while he deserved to be removed for his behavior from the bench, behavior dating back years, I couldn’t wait to comment until after the election because of the new interview in which he paints himself as the victim of uninformed masses who advocate mob rule in place of justice, starting with his own recall.

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Switzerland’s Pension Funds: Kill Your Spouse, Get Free Money!

Oh, look, another way that old attitudes towards domestic violence persist: Zurich’s Tages-Anzeiger (the Daily Anzeiger?*1) is reporting in German that despite Swiss law requiring that spouse-murderers not benefit financially from their crimes, the laws of Switzerland (presumably Vital Records laws or similar) are not structured in a way that pension funds are informed whether a death is from natural causes or not. RTS amplified the Tages-Anzeiger in a small french-language article. (Content Warning: if you play the accompanying news video, they have a portrayal of a fictional domestic-violence murder. I have no idea why.)

Le droit suisse prévoit qu’une personne puisse être déshéritée si elle a intentionnellement tenté de provoquer la mort du légataire.

Pourtant, les caisses de pension ignorent souvent si la mort est naturelle ou non. “Ces cas non signalés sont difficiles à découvrir”, affirme le secrétaire général de l’Association prévoyance suisse Emmanuel Ullman pour expliquer cette situation.

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Churches Complicate Everything

So Oregon has a new case that, while pretty much terrible for all concerned, is very interesting from a law geek’s perspective.

As someone who participated in law-drafting exercises while in law school with adjunct professors who took back the class’ collective work to the provincial legislative assembly, I’ve had about the most minimal input into drafting law that could still be truthfully, if technically, called input at all. Nonetheless, even if my input was minimal, my work with these two professors was significant and they have spent their entire careers drafting legislation. It’s a topic I took to eagerly and (if they weren’t just puffing me up) well. And, it turns out, I know just enough to know that I’d be in way over my head trying to address a recent issue that came up with respect to non-discrimination law in Oregon.

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Pat Davis: Fuck the NRA

A city councilor running in 3rd place in the New Mexico first congressional district has created a commercial that actually sounds like someone upset about the extravagant gun violence in the United States. The first words Pat Davis speaks in his new ad?

Fuck the NRA.

He goes on to criticize the anti-regulation/anti-legislation position of the NRA on gun ownership, possession and use as being one cause of “dead children”.

Pro-lifers have always been odd to me. On the one hand, I find it difficult to believe that they see medical abortion as anything remotely comparable to murder or even euthanasia. After all, think about what that would really mean. Wouldn’t the people who believe that shun birthdays as points for celebration in favor of conception days? Wouldn’t they have funerals after miscarriages? Why do they put off naming a child until it’s born? And yet we don’t see that – or at least we don’t see that from even 10% of the people who claim they’re pro-life.

On the other hand, if they aren’t parroting something that only vaguely represents a tribal position rather than a genuine and specific personal belief, then the consistent thing to do really is to chain oneself to the doors of clinics, to hold die-ins at the Capitol Building, and generally use every non-violent means possible to preserve life. Do they do that? No. The extremists of the “pro-life” movement bomb clinics, throw acid, and commit murder. While I can understand the rationale behind killing one to save two (or more), it’s not a rationale that holds all life to be sacred, as they claim to do.

But as hard as it is to come to grips with the behavior of the self-named “pro-life movement”, the gun control movement is equally weird. I do believe the laxity of US gun laws results in deaths that would not otherwise have occurred. So why am I not doing everything I can to stop gun sales? Part of it is explained by relevant differences between the situation: if you believe abortion is murder, then you know where and when murders are going to be carried out. That’s not the same as gun control advocates who believe that lax gun laws are legislative negligence destined to result in deaths at various unknown times in various unknown places. But it’s still a little weird that there seems to be so little urgency in the rhetoric of proponents of stricter monitoring of guns sold and stricter regulation of what guns can be sold and to whom.

That’s why I welcome this ad. Yes, it may have taken a 3rd place primary candidate to make the ad, but the ad is positively drenched in an honest embrace of what it means to say that legislative gun control negligence is causing death.

Watch it for yourself, and remember to vote, wherever you live.

 

Unclear on the Concept: Lou Dobbs’ Constitution

Right Wing Watch quotes Lou Dobbs educating Ed Rollins (both of FOX Business) on the constitution:

LOU DOBBS (HOST): It’s an obvious, overt attempt on the part of the special counsel to subvert the president of the United States. This is —

ED ROLLINS: But again —

DOBBS: it’s that simple. By the way, let me add to that. It is also clear that Mitch McConnell and Paul Ryan are part of the conspiracy and the coordinated attack on this presidency because they say nothing. They stand silent in the face of a supra constitutional authority that is usurping the powers of the presidency.

So here’s a few questions for you, Dobbs: Has the special counsel nominated anyone to the cabinet? The federal judiciary? Has Mueller ordered the Joint Chiefs to send troops into combat? vetoed any bills passed by congress?

Please, tell me Mr. Dobbs: what powers of the presidency have been usurped? Because it’s looking an awful lot like the only constitutional powers that have been usurped are those listed in constitution of the FOXified States of America.

I swear I know more about the constitution of Australia than Dobbs knows about the constitution of the USA.