NYTimes | Luigi Mangione on Tuesday was formally accused of first-degree murder, a charge that branded him a terrorist and aimed directly at the idea that the killing of UnitedHealthcare’s chief executive was a legitimate political act.
“This was a frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation,” said Alvin L. Bragg, the Manhattan district attorney, at a news conference on Tuesday.
The assassination of the chief executive, Brian Thompson, on Dec. 4 in the heart of Manhattan set off a dayslong manhunt and captivated Americans, many of whom vented their frustrations on dealings with health insurance companies. Some voiced their support for Mr. Mangione and rooted for him to elude capture.
But on Tuesday, prosecutors said that Mr. Mangione’s actions were meant to further terrorism. They were, prosecutors said, “intended to intimidate or coerce a civilian population” and to “affect the conduct of a unit of government by murder.”
Mr. Mangione, 26, also faces two counts of second-degree murder and weapons charges in New York in the killing of Mr. Thompson.
A lawyer for Mr. Mangione, Karen Friedman Agnifilo, declined to comment on the new charges on Tuesday.
Mr. Bragg said that they were in response to the “brazen, targeted and premeditated shooting,” adding that he couldn’t think of another office “more equipped to handle a terrorism charge.”
If convicted on the highest charges, Mr. Mangione faces a sentence of life in prison without parole.
dailycaller | A jury in the deep-blue New York City borough of Manhattan convicted
former President Donald Trump on Thursday in the case brought by
Democratic District Attorney Alvin Bragg.
Trump was convicted on all 34 counts of falsifying business records charged in Bragg’s indictment.
Defense attorneys cornered the prosecution’s witnesses at critical
junctures of the trial in a case that stood on shaky legal grounds from
the start, including when Trump’s former attorney Michael Cohen, an
admitted liar, took the stand as the prosecution’s star witness, a
choice that resulted in Cohen revealing he stole from the Trump organization and committing what the defense demonstrated was potentially another act of perjury.
The charges stemmed from $420,000 Trump paid Cohen over 12 months in
2017 for “legal services,” which prosecutors argued was actually to
reimburse Cohen for $130,000 he paid to secure a nondisclosure agreement
with porn star Stormy Daniels ahead of the 2016 election and keep her
quiet about claims of an affair with Trump.
To indict Trump on
felony charges and circumvent the expired statute of limitations, Bragg
had to claim the records were falsified to conceal or commit another
crime — which remained unclear throughout the trial but was assumed to be either a campaign finance or election law violation.
Prosecutors
argued Trump engaged in a conspiracy to influence the 2016 election by
paying to suppress stories of former Trump Tower doorman Dino Sajudin,
former Playboy model Karen McDougal and Stormy Daniels. They suggested he violated a state election law that makes it a misdemeanor for any two or more people to “conspire” to influence an election using “unlawful means.”
Trump is the first former U.S. president to be convicted at a
criminal trial. His sentencing is scheduled for July 11th, days before
the Republican National Convention set to begin on July 15. Falsifying business record charges carry a maximum sentence of four years in prison.
The jury began its deliberations on Wednesday after Judge Juan Merchan read the jury instructions, which did not require jurors to agree on what “unlawful” means Trump allegedly used to influence the election.
Bragg’s team included Matthew Colangelo,
who spent two years as a top official in the Biden Department of
Justice (DOJ). While previously working at the New York District
Attorney’s office, Colangelo also led both the investigation that
culminated in the Trump Foundation’s dissolution and the investigation
that later became Trump’s civil fraud case.
Colangelo joined the Manhattan District Attorney’s office as senior counsel in 2022 while Bragg was still investigating Trump.
thehill | Channeling Tennessee Williams in his play “Cat on a Hot Tin Roof,” Judge Scott McAfee wrote that, after their testimony, there remained “an odor of mendacity.”
That odor was particularly strong after the hearings indicated that
Wade may have committed perjury in his earlier divorce case, and that
both Willis and Wade were credibly accused of lying on the stand about
when their relationship began.
Yet, that distinct odor noted by Judge McAfee goes beyond the sordid affairs of Willis and Wade.
For many citizens, mendacity, or dishonesty, is wafting from various
courtrooms around the country. The odor is becoming intolerable for many
Americans as selective prosecution is being raised in a wide array of
cases.
The problem is that courts have made it virtually impossible to use
this claim to dismiss counts. Yet there is a disturbing level of merit
to some of these underlying objections.
For years, conservatives have objected that there is a two-tier
system of justice in this country. I have long resisted such claims, but
it has become increasingly difficult to deny the obvious as selective
prosecution in a variety of recent cases and opinions.
I have long stated that the charges against Trump over documents at
Mar-a-Lago are strong and based on established precedent. However, the
recent decision of Special Counsel Robert Hur not to bring criminal
charges against President Joe Biden has undermined even that case.
Hur described four decades of Biden serially violating laws governing
classified documents. The evidence included Biden telling a third party
that he had classified material in his house and actually reading from a
classified document to his non-cleared ghostwriter. There is evidence
of an effort to destroy evidence and later an effort of the White House
to change the report. There is also Biden’s repeated denial of any
knowledge or memory of the documents found in nine locations where he
worked or lived.
Hur ultimately had to justify the lack of charges based on a belief
that he could not secure a conviction from a D.C. jury with an elderly
defendant with diminished mental faculties.
Although Special Counsel Jack Smith could still proceed on
obstruction counts, his prosecution of Trump for the retention and
mishandling of national security documents is absurdly in conflict with
the treatment Biden is receiving.
In New York, the legislature changed the statute of limitations to
allow Trump to be sued while New York Attorney General Letitia James
effectively ran on a pledge of selectively prosecuting him. She never
specified any particular crime, just promising to bag Trump.
declassified | Jack Smith's Florida case. "[Judge Aileen] Cannon repeatedly asked both sides for examples of criminal prosecution for 'other officials who did the same.' She questioned the 'arbitrary enforcement' of the espionage statute, forcing the government to admit that no other former president or vice president has faced criminal prosecution for keeping similar documents and failing to return them.
'This speaks to the arbitrary enforcement...featuring in this case,' Cannon told Bratt. Cannon also pushed back on claims Trump should have expected to face prosecution for storing classified files. Once again noting no former president or vice president-Mike Pence also discovered classified records after Trump was indicted in 2023-has been charged, Cannon suggested it was fair for Trump to expect the same treatment since 'no historical precedent' is on the books. 'Given that landscape,' Cannon continued, Trump could argue he has been unfairly targeted. Which his team already has.
In a motion emailed to the court and the government last month, Trump's attorneys asked to dismiss the case based on 'selective and vindictive prosecution.' Although the motion is not public, Jack Smith quickly responded to defend the Department of Justice's choice to pursue Trump and not Biden. 'Trump, unlike Biden, is alleged to have engaged in extensive and repeated efforts to obstruct justice and thwart the return of documents bearing classification markings, which provides particularly strong evidence of willfulness and is a paradigmatic aggravating factor that prosecutors routinely rely on when making charging decisions,' Smith wrote in a March 7 response. 'Second, the evidence concerning the two men's intent-whether they knowingly possessed and willfully retained such documents-is starkly different.'
In an almost comical passage, Smith admits Biden unlawfully retained classified records-just not as many as Trump. 'Biden possessed 88 documents bearing classification markings, including 18 marked Top Secret. By contrast, Trump possessed 337 documents bearing classification markings, including 64 marked Top Secret.
kunstler | And just like that — snap ! — the news
about the Colorado Supreme Court’s droll action against candidate DJ
Trump vanished from the front page (or top screens) of The New York Times.
Do you know why? I’ll tell you: Because the political Left has finally
managed to embarrass itself with a “lawfare” gambit so nakedly fatuous
that it exposes the faction’s drive to destroy the election process, and
with it our country.
This is what you get from a regime
that faked its way to power and now must strain to cover up its long
train of crimes, abuses, and effronteries to common sense, while running
out of tricks to keep fooling even its own deranged followers. Somehow,
the act of kicking a leading candidate off the ballot has finally
registered as inconsistent with “defending our democracy.”
Of course, the reckless abuse of law —
“lawfare” — proceeds from the Left’s disrespect for boundaries and
limits, which is exactly what law in principle concerns itself with. And
from there it’s a quick leap into totalizing bad faith, the operating
system for government under an imposter president, “Joe Biden.”
Suddenly, mere days before Christmas, when the people want to be
preoccupied with things other than politics, events merge explosively to
shape the fate of the nation.
In a sane world, the US Supreme Court
would not just summarily strike down the Colorado ruling, but would
issue a career-ending rebuke to the brain-damaged state justices who
managed to not learn a basic principle of due process: innocent until proven guilty
— that to brand someone a criminal, there must be a record of
indictment and conviction for a particular crime, and that, in the case
of Mr. Trump, a politically-motived fairy tale about an “insurrection”
doesn’t cut it.
Also, in a sane world interested in
truth and justice, the Republican-majority Congress would have months
ago convened new hearings about the Jan 6/21 Capitol riot to undo the
manifold perfidious frauds instigated by the previous Democrat-majority
committee under Chairman Bennie Thompson. By now, testimony should have
been compelled from Nancy Pelosi, the then Capitol Police Chief Steven
Sund, and former Defense Secretary Chris Miller about Ms. Pelosi’s
refusal to call in national guard troops to reinforce security around
the building, and to answer for the odd behavior of the Capitol Police,
such as opening doors for the mob and then serving as ushers to show off
the place. It seems obvious that many elected Republicans also have an
interest in supporting the Jan 6/21 “insurrection” fairy tale. Do you
still wonder why the evil entity infesting Washington is called “the
blob”?
The Substack blogger who styles himself as El Gato Malo offers the alluring theory that a SCOTUS ruling on whether the 14th
Amendment clauses that were applied to the presidency in the Colorado
case, could enable Special Counsel Jack Smith to slip-in a superseding
indictment (replacing the original indictment) in his DC Jan 6 case
against Mr. Trump with new insurrection / rebellion charges, thus
setting-up a fortified argument for states to chuck Mr. Trump off any
ballot. More “lawfare,” you see. Whatever it takes. . .!
More curiously even, we learn today, that an amicus brief
has been filed in the SCOTUS by former Attorney General Ed Meese (under
Ronald Reagan), and two constitutional law professors, Steven Calabresi
and Gary S. Lawson, challenging the legality altogether of Jack Smith’s
appointment as special counsel for prosecuting Mr. Trump. The amicus is
filed in the matter of Jack Smith’s certiorari petition to the court to
schedule Mr. Trump’s DC trial the same day as the Super Tuesday primary
—against the defendant’s objections. The amicus presents compelling
arguments that Attorney General Merrick Garland acted illegally in
appointing Mr. Smith, and if SCOTUS chucks him out of the special
counsel job, the whole mendaciously constructed scaffold of the Jan 6
prosecution goes out the window, along with the Mar-a-Lago documents
case.
Those of you with a deep interest in
blob lawfare treachery may also be interested in the courtroom win, this
week, by Brandon Straka, who launched the 2018 “Walk Away” movement to
persuade gays to leave the Democratic Party. He was present on the US
Capitol grounds the day of the Jan 6/21 riot, and was later sued by
eight “black and brown” Capitol Police officers, with the help of a
Soros-funded nonprofit law firm, Lawyers Committee for Civil Rights Under Law.
Straka was accused of causing the officers’ injuries (pepper spray and
“exhaustion”) and of conspiring to deprive them of their civil rights
(under the KKK Act of 1871). It came out in the course of testimony that
seven of the officers were on the other side of the enormous Capitol
building from Mr. Straka’s position the entire time alleged, and that
one of the officers was not even present at the Capitol or even in the
District of Columbia at the time. Such are the sordid dreams of lawfare
warriors and their useful idiots. . . .
Next up, as we turn the corner into a
fateful 2024 — and lately eclipsed by all these lawfare election
interference shenanigans — will be the perhaps even more consequential
hearings on the Biden family’s extensive international bribery
operations, which may shed some light on how come we suffer a president
and a party bent on destroying our country.
twitter |This is what an *actual* attack on democracy looks like: in an un-American, unconstitutional, and *unprecedented* decision, a cabal of Democrat judges are barring Trump from the ballot in Colorado. Having tried every trick in the book to eliminate President Trump from running in this election, the bipartisan Establishment is now deploying a new tactic to bar him from ever holding office again: the 14th Amendment. I pledge to *withdraw* from the Colorado GOP primary unless Trump is also allowed to be on the state’s ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley to do the same immediately - or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country.
Today’s decision is the latest election interference tactic to silence political opponents and swing the election for whatever puppet the Democrats put up this time by depriving Americans of the right to vote for their candidate of choice.
The 14th Amendment was part of the “Reconstruction Amendments” that were ratified following the Civil War. It was passed to prohibit former Confederate military and political leaders from holding high federal or state office. These men had clearly taken part in a rebellion against the United States: the Civil War. That makes it all the more absurd that a left-wing group in Colorado is asking a federal court to disqualify the 45th President on the same grounds, equating his speech to rebellion against the United States.
And there’s another legal problem: Trump is not a former “officer of the United States,” as that term is used in the Constitution, meaning Section 3 does not apply. As the Supreme Court explained in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), an “officer of the United States” is someone appointed by the President to aid him in his duties under Article II, Section 2. The term does not apply to elected officials, and certainly not to the President himself.
The Framers of the 14th Amendment would be appalled to see this narrow provision—intended to bar former U.S. officials who switched to the Confederacy from seeking public office—being weaponized by a sitting President and his political allies to prevent a former President from seeking reelection. Our country is becoming unrecognizable to our Founding Fathers.
johganz |“But, John, are you saying we should use the Justice Department politically? With the express purpose of getting rid of someone you don’t like.” Kind
of! As Trump’s intellectual defenders love to remind us, there’s
ultimately no neutral administration of justice, everything is
political, and when you get the state apparatus in your hands you use it
beat up on your enemies and help out your friends. So, in part, these
are their rules. (If you start talking about how you are gonna apply the thought of Carl Schmitt when you administer the state, I may start to get the sense you are my enemy.)
Also,
let’s not play innocent. Historically speaking, the F.B.I. has always
been used “politically:” it was used against Reds, Nazis, Reds again,
the KKK, civil rights leaders, black power leaders, Nazis again etc. A
lot of this was abusive and terrible and you know where my political
sympathies lie, but this was because the political establishment
implicitly or explicitly viewed these groups as threats to the United
States itself. In many cases, they were not. (Yeah, yeah, I know what
you are gonna say, “but J. Edgar Hoover, blah, blah, blah”—The fact is
that Hoover lasted so long because powerful people thought he was useful
and mostly right.) But here is a case where the real deal has come
along: a bonafide domestic threat to the constitution. People these days
are willing to call everything from annoying college students to crummy
D.E.I. consultants “totalitarian threats to democracy” or whatever, but
when a big, fat threat to democracy is standing right there, suddenly
everyone is like, “Well…it’s a little complicated, isn’t it?” No, it
really isn’t. And, in this case, we don’t have to break the law or do
anything underhanded: just actually try to uphold the law for a change
and stop playing little political games around it.
A
political class that can’t defend the constitutional order and the rule
of law is worse than useless: it’s actually conspiring with its enemies.
Trump attacked the very heart of our system of government.
If the system can’t respond to that forcefully it doesn’t deserve to
exist anymore. Let’s stop pretending Trump is anything but a mobster and
a would-be tyrant. In this case, prudence demands action.
thehill | A
federal appeals court blocked New York City’s coronavirus vaccine
mandate late Friday evening, dealing a blow to the city days before the
mandate goes into effect.
The 2nd Circuit Court of Appeals granted an expedited injunction
on Friday blocking the city from mandating that all public school
employees submit proof of their first coronavirus vaccine dose by
Monday.
The court referred the case to a three-judge panel on an expedited basis.
New York City Mayor Bill de Blasio (D) said in late August
that all of the city’s public school teachers and staff would need to
have their first dose by Sept. 27. There was no alternative option for
regular testing.
A group of New York City public school employees sued earlier this month
to block the mandate, arguing that their rights to due process and
equal protection were violated. The complaint specifically alleged that
the order violated their right to pursue their profession.
On Thursday, U.S. District Judge Brian Cogan upheld the mandate, prompting the plaintiffs to quickly appeal the decision.
About 82 percent of the city’s roughly 149,000 public school
employees are vaccinated, the agency told The Hill, including 88 percent
of roughly 78,000 teachers and 95 percent of roughly 1,600 principals.
Danielle
Filson, press secretary for the New York City Department of Education
[DOE], said in a statement to The Hill that the agency is “confident our
vaccine mandate will continue to be upheld once all the facts have been
presented, because that is the level of protection our students and
staff deserve.”
“Over 82 percent of DOE employees have been
vaccinated and we continue to urge all employees to get their shot by
September 27,” Filson said.
WaPo | Both sides are missing a crucial dimension — one
that ultimately bends in the direction of the pro-Williams camp. Just
like the criminal-justice system, tennis and many other sports depend on
the subjective discretion of neutral arbiters to apply a set of supposedly objective “rules.”
Ramos
did indeed follow the code, and each of the three sanctions had some
justification, thus satisfying the “rules” camp. But for two of the
three violations (the racket smashing was unambiguous), he used his
discretion to punish Williams for acts — coaching and heated exchanges
with an umpire — that occur routinely in tennis but are seldom punished.
Within the criminal-justice system, the same
principle of discretion also applies, with much more severe and damaging
consequences on human lives than the outcome of a tennis match.
At
every stage, criminal-justice officials regularly justify individual
decisions based on their discretionary interpretation of a rule. When a
police officer makes a “routine traffic stop” for a car that changed
lanes without signaling, or decides to arrest someone found with
recreational drugs, technically the decision is warranted — even if
numerous other people commit the same “infractions” without any
consequences. Prosecutors have tremendous discretion to decide, for
example, whether to charge a child as an adult, add additional
enhancements to press for a plea bargain or seek the death penalty.
Judges often make discretionary sentencing decisions (recall the Stanford University swimmer case).
And prison officials have almost full discretion in issuing
disciplinary infractions and sending inmates to solitary confinement.
In
all of these instances, one can always say, “Well, this person didn’t
follow the rules,” and on an individual basis that may seem sufficient
to justify the consequences. What gets lost, however, is that rules are
rarely applied regularly, consistently or fairly.
Without
diminishing Osaka’s level of play or achievement, and without excusing
Williams’s behavior, the outcome of the U.S. Open may have been
determined by an umpire’s discretionary decisions that were far outside
the norm. Rather than fool ourselves about the universality of rules, we
should question the vast and often unchallenged use of discretion in
both sports and criminal justice.
BostonReview | In 1907, in the waning days of the Austro-Hungarian empire, Austria
saw its first elections held under universal male suffrage. For some
this was progress, but others felt threatened by the extension of the
franchise and the mass demonstrations that had brought it about.
The conservative economist Ludwig von Mises was among the latter.
“Unchallenged,” he wrote, “the Social Democrats assumed the ‘right to
the street.’” The elections and protests implied a frightening new kind
of politics, in which the state’s authority came not from above but from
below. When a later round of mass protests was violently
suppressed—with dozens of union members killed—Mises was greatly
relieved: “Friday’s putsch has cleansed the atmosphere like a
thunderstorm.”
In the early twentieth century, there were many people who saw
popular sovereignty as a problem to be solved. In a world where dynastic
rule had been swept offstage, formal democracy might be unavoidable;
and elections served an important role in channeling the demands that
might otherwise be expressed through “the right to the street.” But the
idea that the people, acting through their political representatives,
were the highest authority and entitled to rewrite law, property rights,
and contracts in the public interest—this was unacceptable. One way or
another, government by the people had to be reined in.
Mises’ writings from a century ago often sound as if they belong in
speeches by modern European conservatives such as German Bundestag
President Wolfgang Schäuble. The welfare state is unaffordable, Mises
says; workers’ excessive wage demands have rendered them unemployable,
governments’ uncontrolled spending will be punished by financial
markets, and “English and German workers may have to descend to the
lowly standard of life of the Hindus and the coolies to compete with
them.”
Quinn Slobodian argues that the similarities between Mises then and
Schäuble today are not a coincidence. They are products of a coherent
body of thought: neoliberalism, or the Geneva school. His book, Globalists: The End of Empire and the Birth of Neoliberalism, is a history of the “genealogy of thought that linked the neoliberal world economic imaginary from the 1920s to the 1990s.”
The book puts to rest the idea that “neoliberal” lacks a clear
referent. As Slobodian meticulously documents, the term has been used
since the 1920s by a distinct group of thinkers and policymakers who are
unified both by a shared political vision and a web of personal and
professional links.
How much did the Geneva school actually shape political outcomes, as
opposed to reflecting them?
John Maynard Keynes famously (and a bit
self-servingly) claimed that, “Practical men, who believe themselves to
be quite exempt from any intellectual influences, are usually the slaves
of some defunct economist . . . some academic scribbler of a few years
back.” Not everyone will share this view, but by highlighting a series
of seven “moments”—three before World War II and four after—Slobodian
definitively establishes the existence of neoliberalism as a coherent
intellectual project—one that, at the very least, has been well
represented in the circles of power.
mises | To review Skin in the Game is a risky undertaking. The
author has little use for book reviewers who, he tells us, “are bad
middlemen. … Book reviews are judged according to how plausible and
well-written they are; never in how they map the book (unless of course
the author makes them responsible for misrepresentations).”
The risk is very much worth undertaking, though, because Skin in the Game
is an excellent book, filled with insights. These insights stress a
central antithesis. Irresponsible people, with what C.D. Broad called
“clever silly” intellectuals prominent among them, defend reckless
policies that impose risks on others but not on themselves. They have no
“skin in the game,” and in this to Taleb lies their chief defect.
Interventionist foreign policy suffers from this defect. “A
collection of people classified as interventionistas … who promoted the
Iraq invasion of 2003, as well as the removal of the Libyan leader in
2011, are advocating the imposition of additional such regime change on
another batch of countries, which includes Syria, because it has a
‘dictator’. So we tried that thing called regime change in
Iraq, and failed miserably. … But we satisfied the objective of
‘removing a dictator.’ By the same reasoning, a doctor would inject a
patient with ‘moderate’ cancer cells to improve his cholesterol numbers,
and proudly claim victory after the patient is dead, particularly if
the postmortem showed remarkable cholesterol readings.”
But what has this to do with risk? The fallacy of the
interventionists, Taleb tells us, is that they disregard the chance that
their schemes will fail to work as planned. A key theme of Taleb’s work
is that uncertain outcomes mandate caution.
“And when a blowup happens, they invoke uncertainty, something called
a Black Swan (a high-impact unexpected event), … not realizing that one
should not mess with a system if the results are fraught with
uncertainty, or, more generally, should avoid engaging in an action with
a big downside if one has no idea of the outcomes.”
The same mistaken conception of risk affects economic policy. “For
instance, bank blowups came in 2008 because of the accumulation of
hidden and asymmetric risks in the system: bankers, master risk
transferors, could make steady money from a certain class of concealed
explosive risks, use academic risk models that don’t work except on
paper … then invoke uncertainty after a blowup … and keep past income —
what I have called the Bob Rubin trade.”
Instead of relying on mathematical models, economists should realize
that the free market works. Why use misguided theory to interfere with
success in practice? “Under the right market structure, a collection of idiots produces a well-functioning market.
… Friedrich Hayek has been, once again, vindicated. Yet one of the most
cited ideas in history, that of the invisible hand, appears to be the
least integrated into the modern psyche.”
Upsetting a complex system like the free market, can have disastrous
consequences. Given this truth, libertarianism is the indicated course
of action. “We libertarians share a minimal set of beliefs, the central
one being to substitute the rule of law for the rule of authority.
Without necessarily realizing it, libertarians believe in complex
systems.”
WaPo | Jeff Sessions hates marijuana. Hates it, with a passion that has animated almost nothing else in his career. “Good people don’t smoke marijuana,” he has said. He even once said about the Ku Klux Klan, “I thought those guys were okay until I learned they smoked pot.”
He says that was a joke, but even so, it still says something about where he’s coming from.
So
if you’re wondering why Sessions has endured the humiliation of being
demeaned and abused by President Trump and stayed on as attorney
general, one big answer is the policy change he announced this week,
that he is rescinding an Obama-era directive that instructed federal
prosecutors not to prioritize prosecuting businesses like dispensaries
in states that had legalized cannabis. Sessions is finally getting the
chance to lock up all those hippies, with their pot-smoking and their
free love and their wah-wah pedals and everything immoral they
represent. He’ll show them.
WaPo | Attorney General Jeff Sessions announced Thursday that he will rescind a Justice Department memorandum
— known as the Cole Memo — that granted protection to state-legal and
regulated marijuana companies. In doing so, Sessions has not only
brushed aside science, logic and the prevailing public opinion, but he
has also contradicted the opinion of the president he serves and his own
party’s governing values.
Sessions’s decision empowers U.S.
attorneys to begin prosecuting an industry that has complied with state
laws and regulations and has, since 2013, been granted an effective
waiver from federal intervention. During this time, the legal marijuana industry has become a multibillion-dollar venture, employing tens of thousands of Americans from coast to coast.
This decision to reignite the drug war comes as little surprise. Sessions once said
that “good people don’t smoke marijuana.” He has shown a deep ignorance
of the realities of the drug war, which has been ineffective and costly
and has disproportionately affected minority communities. And he has
committed to numerous claims that have been dispelled by science, such
as cannabis’s gateway effect and the idea that marijuana is “only slightly less awful” than heroin.
NewYorker | In 2010, Marc Estrin, a novelist and far-left activist from Vermont,
found an online version of a paper by Cass Sunstein, a professor at
Harvard Law School and the most frequently cited legal scholar in the
world. The paper, called “Conspiracy Theories,” was first published in
2008, in a small academic journal called the Journal of Political Philosophy. In it, Sunstein and his
Harvard colleague Adrian Vermeule attempted to explain how conspiracy
theories spread, especially online. At one point, they made a radical
proposal: “Our main policy claim here is that government should engage
in cognitive infiltration of the groups that produce conspiracy
theories.” The authors’ primary example of a conspiracy theory was the
belief that 9/11 was an inside job; they defined “cognitive
infiltration” as a program “whereby government agents or their allies
(acting either virtually or in real space, and either openly or
anonymously) will undermine the crippled epistemology of believers by
planting doubts about the theories and stylized facts that circulate
within such groups.”
Nowhere in the final
version of the paper did Sunstein and Vermeule state the obvious fact
that a government ban on conspiracy theories would be unconstitutional
and possibly dangerous. (In a draft that was posted online, which
remains more widely read, they emphasized that censorship is
“inconsistent with principles of freedom of expression,” although they
“could imagine circumstances in which a conspiracy theory became so
pervasive, and so dangerous, that censorship would be thinkable.”)* “I
was interested in the
mechanisms by which information, whether true or false, gets passed
along and amplified,” Sunstein told me recently. “I wanted to know how
extremists come to believe the warped things they believe, and, to a
lesser extent, what might be done to interrupt their radicalization. But
I suppose my writing wasn’t very clear.”
Sunstein has studied the spread of information since the mid-nineties,
when he co-wrote a series of law-review articles about “cascade
theory”—a model describing how opinions travel across juries, markets,
and subcultures. He was particularly interested in what he called the
Law of Group Polarization: how ideologically homogenous groups can
become “breeding grounds for unjustified extremism, even fanaticism.” In
2001, his first book on political polarization on the Internet,
“Republic.com,” warned that, even when people have access to a range of
robust and challenging views, many will favor information that confirms
what they already believe. He updated the book in 2007, as “Republic.com
2.0: Revenge of the Blogs,” and again this year, as “#Republic: Divided
Democracy in the Age of Social Media.” When he wrote “Republic.com,”
social media didn’t really exist; when he wrote “Republic.com 2.0,”
social media’s impact was so negligible that he could essentially ignore
it; in “#Republic,” he argues that services such as Facebook comprise
the contemporary agora, and that their personalized algorithms will
make it ever more difficult for Americans to understand their
fellow-citizens.
In the endless debates about what constitutes “fake news,” we tend to
invoke clear cases of unfounded rumor or outright deceit (“Melania has a
body double,” or “President Trump saves two cats from drowning after
Hurricane Harvey”). More prevalent, and more bewildering, are the
ambiguous cases—a subtly altered photograph, an accurate but misleading
statistic, a tendentious connection among disparate dots. Between the
publication of “Republic.com 2.0” and “#Republic,” Sunstein became a
target of the same online rumor mill he’d been studying from a distance,
and many of the conspiracy theories about “Conspiracy Theories” fell
into this gray area—overheated, but not wholly made up. “If you had told
me that this obscure paper would ever become such a publicly visible and
objectionable thing, I would have thought it more likely that Martians
had just landed in Times Square,” Sunstein said. “In hindsight, though,
I suppose it’s sort of appropriate that I got caught up in the
mechanisms I was writing about.”
WaPo | Pity poor Alabama voters. On Dec. 12, they must choose between a radical
pro-abortion Democrat and an alleged sex predator who has been accused
of pursuing and molesting teenage girls.
There is no good choice in that equation, and Alabamians should not
have to make it. In an earlier era, Roy Moore either would have done the
honorable thing out of his own sense of shame or would have been forced
to step down by state party leaders. Instead, he is staying in the race
— with the full complicity of Alabama Republican leaders who have
defended Moore and attacked his victims.
In refusing to step
down, Moore is executing a playbook written two decades ago by the 42nd
President, Bill Clinton. During the Monica Lewinsky scandal, Clinton
figured out that if you have no shame and ignore calls to resign, you
can survive any scandal. All you have to do is lie repeatedly (“there is
nothing going on between us”) and show no remorse when you are caught
doing so. When more women come forward with more allegations, deny them,
too, and create just enough doubt that your supporters will feel
justified sticking with you. Blame your opponents for conducting a
political witch hunt to run you out of office. If the evidence becomes
overwhelming, then admit “a critical lapse in judgment” but declare it is time “to move on” because “we have important work to do.”
For Clinton, it worked like a charm. He forced his supporters to
choose between power and principle — knowing full well that power would
win out. The feminist movement — the very people who should have been
championing Clinton’s victims — instead sided with him. Gloria Steinem
beclowned herself in a notorious 1998 New York Times op-ed where she attacked Clinton’s accusers, made excuses for his deceit and made light of his crimes. All 45 Senate Democrats voted to acquit Clinton in his impeachment trial.
Today,
with the cavalcade of revelations of sexual transgressions by
politicians and celebrities, some Democrats are expressing belated
regret that their party rallied around Clinton. Sen. Kirsten Gillibrand
(D-N.Y.), who occupies Senate seat that Hillary Clinton once held, now says that Bill Clinton should have resigned.
Isn’t that convenient? Now that the Clinton political machine is
finally defunct, liberals come forward to condemn him? How courageous.
unz |Reminiscences of harassment have no value, even if true. If the woman did not act on the spot, forget it.
Otherwise,
soon the US will have no normal men politicians left; only women and
effeminate men. And then the disease will spread all over Europe, until
the Old World and North America will be ready for its repopulation by
virile Africans.
Russia
remains a safe zone for males. Though many American trends come to
Moscow, emasculation is not one of them. When, a few years ago, Russians
banned same-sex propaganda for minors, they broke with emasculating
trend. Actually, Russian women prefer things done Russian way, too. Men
pay for dinners, keep doors open, help with putting a coat, in short,
they keep doing what the American and European gentlemen did some fifty
years ago.
Russia has had its #MeToo campaign a year ago (#янебоюсьсказать
, I dare to tell, in Russian), and a lot of women recited or invented
stories of their harassment. But it remained in the Facebook, for the
law did not allow to complain years after the alleged crime occurred.
Moreover,
the Russians consider sex between men and women as a normal thing. They
have no horror of sex between a teacher and a student, or between a
boss and his assistant. Reports on severe punishment American judges
meted on female teacher having sex with teenage boys are met with
bewilderment and disbelief. Out of fifty recent stories
of this kind probably not even one of them would be punished in Russia.
I wouldn’t understand, either, what is the harm for a 17 year old
student to be seduced by his 23-year old teacher. The kid should be
envied, if anything. This traditional attitude toward sex is the main
reason for the current mass media attack on Russia, not the mythical
“Russian hackers”.
It
is very difficult to defend Weinstein, with his Holocaust obsession and
his desire of taking revenge upon blondes. However, his case had opened
the gates of Hell. Let us shut them up before the Yin and Yang,
male-female balance of the universe collapse.
Why
has the US been hit by this strange trouble? I would explain it as an
undoing of the 1968 revolution, including the Sexual Revolution. For us,
for children of 1960s, the living was easy, and sex was free and
plentiful – in California, Crimea, Côte d’Azur. We had a lot of it,
wonderful unprotected sex, often with strangers. That was Communism.
Fear of free and available sex is the fear of Communism.
The
rich guys and gals who came to power afterwards turned everything into
money, and with that purpose on their minds they created scarcity, even
scarcity of sex, a sex counter-revolution. Harassment complainants are
the soldiers of the Sexual Counter-Revolution as they increase scarcity
in order to monetize their charms. They will be the losers, poor things;
hopefully they won’t ruin the world before they understand it.
NewYorker | Weinstein’s employees were, and are, bound by confidentiality agreements
included in their employment contracts with Miramax and the Weinstein
Company. While nondisclosure agreements are a standard feature of
employment contracts, the clauses in Weinstein’s included a special
provision about information “concerning the personal, social or business
activities” of “the co-Chairmen”—namely, Harvey and Bob Weinstein.
Estreicher, the expert on employment law, told me that the nondisclosure
clause regarding the personal lives of both Weinstein brothers was
unusual.
“That’s not generally found, the personal conduct of an
individual being part of a contract like that.”
Many
employees I spoke with said that these contractual provisions made
it impossible to talk about suspicious behavior they witnessed at the
company. Irwin Reiter, who worked for Weinstein for nearly three decades
and is currently the Weinstein Company’s executive vice president for
accounting and financial reporting, had previously declined requests to
participate in stories.
“I hope there’s no reprisal,” he told me, referring to legal action
against employees. He said that he was nevertheless going public because
he
felt the culture of silence at the company deserved further scrutiny.
Weinstein, he told me, “was so dominant that I think a lot of people
were afraid of him, afraid to confront him, or question him, and that
was the environment.” Reiter also raised doubts about the fairness of
lifetime nondisclosure agreements. “A forever N.D.A. should not be
legal,” he told me. “People should not be made to live with that. He’s
created so many victims that have been burdened for so many years, and
it’s just not right.”
These contractual constraints are perfectly legal. Allred, the
victim’s-rights attorney, said that courts usually enforce them and view
efforts to break them as “buyer’s remorse.” But in recent weeks
lawmakers and legal experts have called for reforms to this system.
Estreicher has proposed that the Equal Employment Opportunity
Commission, the government body that oversees workplace discrimination,
track sexual-misconduct-related settlements and investigate employers
who use them repeatedly. In addition to Congresswoman Jackie Speier’s
legislation regarding congressional employees, state lawmakers in New
York and California are pushing legislation to curtail the use of
nondisclosure agreements in sexual-abuse cases. “These secret
settlements perpetuate the problem. They allow rich men to continue to
be sexual predators,” Connie Leyva, the California state senator who has
announced legislation in that state, told me. “I hope that we can get
this done in California, and that it will spread like wildfire around
the country.”
Allred raised concerns about the potential reforms, which she feared
could limit victims’ options. She noted that “anyone who agrees to enter
into a settlement has a choice” and accepts both the costs and the—sometimes considerable—benefits. Good attorneys, she argued, explain
the full implications of such agreements. “And then the client makes an
informed choice.”
Gutierrez, Perkins, and other women who signed agreements with Weinstein
told me that they felt their consent was far from informed. Gutierrez
said that she wished she had been aware that Weinstein had faced similar
allegations in the past. When, after the fact, she learned that his
behavior with her was part of a pattern, she was filled with guilt. “I
couldn’t even think of that person touching someone else,” she told me.
“It made me have chills.” Gutierrez said that she wants to warn people of the
risks of silence. “People need to really change right now,” she said.
“To listen and speak. That was the worst thing—people not speaking.”
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