We respond…
Trump just commuted the felon Roger Stone’s sentence.
This leaves Stone able to plead the Fifth in any future proceeding, while avoiding jail on Monday.
Anyone who doesn’t think Stone has the goods on Trump… is a feckless moron.
Trump is a bumbling crime spree, still unfolding. November will be… a reckoning.
Out, disgusted — but one small silver lining: Stone won’t be able to vote, anywhere any more. Ever.
नमस्ते
First — a disclosure: I know Dr. Mike Lovell. I know him pretty well, in fact. I will not describe the way in which we have become known to one another — but we are now quite friendly. And while I no longer feel bound by the Roman Catholic covenants that he and his family devoutly still follow, I will say without equivocation that he is a very fine, moral, brilliant and honorable man. He would not pick a fight with anyone unless the circumstances absolutely required it1. [But he will not back away from name-callers, either. And that is where Hinderaker enters this absurdist bit of theater. As a name calling buffoon.]
My secondary disclosure (made here a few times before, over the years, but lost to the sands of antiquity now) is that I do also know Hinderaker, personally as well… from nearly a decade ago, now [though not nearly as well as I know Mike]. Hinderaker and I were both law partners, at a very large law firm for a time. We interacted mostly socially, at firm functions and retreats. I found him to be universally and endlessly boring, bellicose and given to various petty vanities and insecurities. It is thus not surprising that he behaves so like (and so admires) the current occupant of 1600 Penn, then. But to be fair, John is at least marginally brighter than Trump [then again, who really… isn’t?]
If asked, then — in any contest of who is the better human being… I would doubtless choose Dr. Lovell.
With all that background — and without spending any time (related to the underlying admission decision dispute, involving an attention seeking, reactionary right-wing young woman, and would-be social media “influencer” who still now wants to be admitted to Marquette), or explaining to John that a faith-based university is just that (something John and the boys often tout — as to Liberty University, when the applicable shoe… is on the other foot)… I can say unequivocally “one cannot defame… garbage by saying… it stinks.” Said another way, the truth of that statement is an absolute defense.
Hinderaker — in an updated version, claims he and Scott J. are investigating a suit for defamation(!), related to a letter authored by Dr. Lovell — the bolded bit of which Hinderaker this afternoon reprinted on his blog — and I quote, below:
“…[Certain] blogs have been making the rounds for about a week, and one such link from powerlineblog.com has been more widely shared today. It is not a reputable news source and its main intention seems to be clickbait and advertising, but nonetheless this gained more widespread attention after Megyn Kelly tweeted it. This afternoon Donald Trump, Jr. retweeted an article from College Fix….”
It is absolutely true — that powelineblog.com is NOT a reputable news source. [It is likewise true that it has previously been labeled a racial-hate site, by the SPLC.] It is also true that it regularly traffics in feverish hard-right conspiracies… and it is true that much of its ad content is pure clickbait — to women in bikinis, and the like. This little blog I run, and its three prior iterations (I also ran) have documented a fifteen to twenty year pattern of near daily misstatements of matters of public import. And matters of no import, at all.
Like the threat to sue Marquette, and/or Dr. Lovell.
Preposterous.
I’d offer to represent Mike and Marquette pro bono, here — but they won’t need it, as they have the best Milwaukee lawfirms on retainer.
Hinderaker is an increasingly doddering bitter old man. It is best to just ignore him, Mike.
He’s decidedly not worth it.
Onward — grinning.
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1. I should make clear that Dr. Lovell didn’t know I wrote this, above — and did not know I knew John Hinderaker. He is entirely unaware that I author this blog. This is thus… as pure a small world story, as you’ll ever encounter. I was surprised when the Universe called both of these names into my inboxes, at nearly the same moment. Amazing.
Updated Thursday Afternoon: Paul M. seems to think, in a sneering fashion, that a campaign that uses its campaign checkbook to pay off sex workers for silence, and fails to report that fact on its FEC forms (that’s a felony — and that’s also… the most charitable of the allegations against 45…) is merely an enemy’s attempt to get his tax returns by… illicit means. [If Paul M. actually believes that formulation — a proposition I highly doubt — he must think he lives in Russia, or Brazil.] No, here in the US, when a president commits a felony, the DA in the city in which the crime was committed has clear jurisdiction to empanel a grand jury, subpoena witnesses and documents, and… discover the truth. That is the unsurprising holding of the Supremes, 7-2, in Vance. End update, for now.
The boys are completely… tongue-tied, We offer this, on this morning’s increasing peril, for future criminal indictments, out of New York, against Donald Trump perhaps in early 2021. See, Trump v. Vance… just as we long ago predicted on one of our other properties, Trump must comply with criminal subpoenas, out of New York… grin… but more coming.
Getting my hands on Mazars now. . . But this is a quote from the 7-2 opinion, in Vance:
…But, like Marshall two centuries prior, the Court recognized the countervailing interests at stake. Invoking the common law maxim that “the public has a right to every man’s evidence,” the Court observed that the public interest in fair and accurate judicial proceedings is at its height in the criminal setting, where our common commitment to justice demands that “guilt shall not escape” nor “innocence suffer.” Id., at 709 (internal quotation marks and alteration omitted). Because these dual aims would be “defeated if judgments” were “founded on a partial or speculative presentation of the facts,” the Nixon Court recognized that it was “imperative” that “compulsory process be available for the production of evidence needed either by the prosecution or the defense.” Ibid.
The Court thus concluded that the President’s “generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.” Id., at 713. Two weeks later, President Nixon dutifully released the tapes….
In a statement, Mr. Vance called the decision “a tremendous victory for our nation’s system of justice and its founding principle that no one – not even a president – is above the law.”
“Our investigation, which was delayed for almost a year by this lawsuit, will resume, guided as always by the grand jury’s solemn obligation to follow the law and the facts, wherever they may lead,” Vance said. . . .
[Completely separately, in the first case of the morning, called McGirt v. Oklahoma, Gorsuch sided with the liberal wing. He’s surprising me, in many ways. In a good way, and I’m smiling, as another Colorado-educated lawyer. “For purposes of the Major Crimes Act, land reserved for the Creek Nation since the 19th century remains ‘Indian country’….”] Be careful what you wish for — you Powerline blog boys — when you apply ideological litmus tests, to young, whip-smart Court nominees, as they may well fool you… and simply follow the path of the law, as it exists. Grin.
नमस्ते
Once again, Trump is using immigration law (this time, with student visas) as a wedge-issue. And once again, he lacks the authority to do what he intends to do. Stephen Miller f-ed up the paperwork, again.
Harvard and MIT filed suit overnight, seeking a TRO that would in effect rule Trump has articulated no rationale — and what his team has said… constantly contradicts the small statement Trump made, on the record, to support such a wildly injurious departure from long established ICE assurances — at the very last minute of his presidency — all for political theater points. Here’s some of the finely argued memo of law, and a bit — from what was filed, in Boston, overnight:
…[T]he July 6 Directive is arbitrary and capricious because it does not articulate any rationale that would justify ICE’s decision. It is “a fundamental requirement of administrative law … that an agency set forth its reasons for decision; an agency’s failure to do so constitutes arbitrary and capricious agency action.” Amerijet Int’l, Inc. v. Pistole, 753 F.3d 1343, 1350 (D.C. Cir. 2014). “[C]onclusory statements will not do; an agency’s statement must be one of reasoning.” Id. (internal quotation marks omitted); see also Dep’t of Commerce v. New York, 139 S. Ct. 2551, 2569 (2019) (an agency must “articulate[] a satisfactory explanation for [its] decision”). Here, the Directive sets forth no reasoning sufficient to justify the agency’s dramatic change of policy. The sole strand of reasoning articulated in the Directive appears to be that, although some “accommodations” with respect to visas may be required “to provide flexibility to schools and. . . students,” there is now a “concordant need to resume the carefully balanced protections implemented by federal regulations. . . .”
Such ipse dixit is insufficient to justify a policy change of such magnitude. For one, to the extent the Directive’s reasoning is taken at face value, the justification it offers fails at the threshold. To the extent the premise of the Directive’s reasoning is that the public-health conditions that justified the issuance of the COVID-19 exemption in March 2020 have abated, that premise is mistaken. The national emergency the President declared on March 13, 2020, is still in effect. The number of COVID-19 cases in the United States passed three million this week, and the number of daily new cases (currently roughly 50,000) is double what it was only one month ago.
To the extent the agency’s decision here rested on its public-health judgment, basic principles of administrative law required it to “examine[] ‘the relevant data’” — including the fact that the rate of viral spread in the United States is increasing, not decreasing—and to “articulate[] ‘a satisfactory explanation’ for [its] decision, ‘including a rational connection between the facts found and the choice made.’” Dep’t of Commerce, 139 S. Ct. at 2569 (quoting State Farm, 463 U.S. at 43). In stark contrast to the planning decisions made by Plaintiffs after months of consultation, deliberation, and recourse to expertise, the Directive’s conclusory statement bears no resemblance to such a reasoned decision….
A high-level agency official has openly acknowledged, in fact, that the real basis for the change was not any conclusion that the public-health emergency had eased, but rather that the Administration has decided to use students’ visas as a cudgel to coerce universities into resuming in-person classes — contrary to universities’ judgments made to protect the health and safety of their communities. Just last night, Acting Deputy Secretary of Homeland Security Ken Cuccinelli stated that the purpose of the agency’s change in policy was to “encourage schools to reopen….”
Now you know. Looking forward to Trump’s financial papers tomorrow. Grin.
नमस्ते
John is already discussing his thoughts on 2024 presidential nominees.
He tries — at least half-heartedly — to spin a scenario where he’d still be bringing up the SD Governor’s name, now — for a 2024 nomination, if Trump were to win a second term in November… but it strains credulity.
No, the plain meaning of John’s post last night is to set the stage for a more hopeful 2024 — as he knows 2020 is now undoubtedly lost, for the GOP. The only remaining question is whether Republicans lose the Senate, as well.
How very droll — elect a clown, expect a circus.
Because John focuses on the economic impact of imposing public health precautions, to the near-exclusion of all other factors… he has decided overnight to argue that the Trumpian “Warp Speed” initiatives — toward a vaccine for COVID-19 (wait for it!) may endanger more lives, than they may save. John vapidly opines, thus:
“…Taking the data together, it appears that the COVID-19 Wuhan [Ed. note: Hinderaker chooses to label it in ethnic/racial terms, when it is now clear this virus was in the water in Spain as early as March 2019 — it migrated to China, it did not originate there] epidemic is more or less over….”
But let’s put aside the false, and racist, demonizing John invokes, which through this weekend has seen a 600 per cent increase in hate crime complaints made by Asian Americans, in Califonria alone….
Okay — let’s ALSO put aside the whiff of non-scientific anti-vax nonsense embedded in his.
No, let’s focus on his facially preposterous statement that it is “more or less over“. To “support” this nonsense notion, he slaps up a few charts, without thinking deeply about what he is seeing, or the context of a “no-vaccine” world (i.e., the present, as to COVID-19)… to again argue “the virus” is dying out. He doesn’t mention or acknowledge that what we are seeing is the beginning of one of many additional waves.
He simply says, without evidence, it is all now magically less lethal.
I predict that excrement won’t age well at all, John.
It may take ninety days, but the spikes in Florida, Arizona and Texas — the beginnings of a second wave — inexorably mean… more excess deaths, due to premature re-openings.
But since all John really cares about is keeping his speaking and consulting gigs flowing, he argues for re-openings, and even implies we should slow the vaccine to run animal model studies. That likely adds nine months to the time line, best case — pushing the 100 million or more doses delivery into mid 2021.
So, John echoes Trump’s “just get ready to live with it” idiocy.
Deaths of perhaps hundreds of thousands that could easily be avoided, but John will not countenance… avoiding those deaths. [Because he is pro-life?!]
And he hints he might not get the vaccine when it is offered. If so, and if he decides to visit his 98 year old father ever again, he consigns that man… to death to a near certainty.
Oh well, says John — he’s old.
That is… disgusting.
But most of all — it contradicts everything we actually know, about the science of this pandemic — and the 1918 one.
And the former Fox talking head is… (wait for it!) positive, for COVID-19, as of last night.
John regularly touts Gov. Noem — and her laissez-faire attitude toward pandemic mitigation efforts.
Won’t it be hilarious — and ironic — if John shortly has to retract his praise of her governing “science”? [He’s “at least currently scheduled“… to interview her live, as part of some goofy hard right July 8 web-event. What if she’s… by then too ill (or ordered by her doctor NOT) to attend — or only slightly less likely — will John put on a “contacts of contacts” anti-COVID maskings show?]
I expect we will see more of these prominent GOP morons (like Herman Cain, before her) coming down with a virus their feckless leader says will “disappear magically” — or alternatively, is solely the product of “doing too many tests“. Erh… Riiight.
Whatever nonsense Trump spouts, Mr. Hinderaker will likely simply chew it up and regurgitate it — in unblinking, unthinking chunks.
Sad.
UPDATE — 07.13.2020 10 AM EDT: No new name yet, but the racist one is now retired. Too late coming — but the right outcome. Been posting/blogging about this deplorable name — for now over three decades, on the internet. But it is… done.
UPDATE — 07.23.2020 9 PM EDT: John declares the old name not racist — and waxes nostalgic for the time when teams cold be called “Black Crackers“, and such. So predictable. End, updates.
John is all but sure to add to this, but at the moment it is Paul explaining (irrationally, he admits) why a team name he doesn’t like — one that insults indigenous Native Americans (on skin color alone) — shouldn’t be changed.
Well, those are some highly-privileged shoes he’s tap-dancing around in. I think if the team was known as the Washington Jews — or worse — Kikes… his tune would change immediately. [For those of you keeping score at home, here is where I said three weeks ago that these impotent dying old white boys would fight this re-emergent justice campaign.]
Yes Paul, reducing any group to one attribute based solely on racist or xenophobic bigotry is… wrong.
Paul — just get over yourself. Cue John in 5… 4… 3…
I’m out.
It looks to be… quite dull, actually. Lots of blaring graphics — but very little critical thinking, in between.
It simply repeats all the hard-and-unthinking right’s talking points (think Charlie Kirk) — on the BLM uprisings, and related matters — including the “unsciencing” of COVID-19. YAWN….
I won’t recount any of it, other than to laugh at John calling it “terrific“:
“…Thinking Minnesota is a terrific magazine….”
Terrific is likely not the word he wants… as it is — when used in this way, as an adjective, meant to convey “causing terror“. OTOH, perhaps he means that. [His graphics are intended to elicit fear, to be sure.]
I will wander off to sleep now, secure in the knowledge that John’s lil’ ‘zine conclusively establishes… he is bereft — of any original ideas.
Out.
John Hinderaker offers some clueless cheerleading — on the jobs report, this morning.
Yawn.
It’s a shame (as demonstrated by the graphic at right, derived from a live flash New York Times explainer) that math… is wholly beyond John’s abilities. The graphic is clearly designed so that even John, and Trump might grasp the reality of the math….
But they don’t… read (much). So, whatever the Tangerine Nightmare tweets or says, Hinderaker largely echos.
The truth is the July numbers are going to be worse, due to new second wave layoffs, as spikes worsen in Texas, Arizona and Florida particularly. But California too, to be fair.
Still — even as we learn Herman Cain is hospitalized with Covid-19 — after mocking masks, at Trump’s Tulsa “Only ME!” rally — we know John’s happy talk is naught but… cow manure.
Onward.
