Just less.

I’m not linking the story, but there’s a lawsuit out of NYS that a school bus driver used zip ties to restrain a non-verbal kid, and when that kid acted out, the bus driver beat him WHILE HE WAS RESTRAINED.

I bring it up because we’re really worried about queer rights and BLM and a few other things that seem like they’re super-immediate issues b/c of how they’re in play in the media. But there’s a reason that you don’t see politicians defending the right of adults to hurt kids with disabilities: it’s because that right is still largely unchallenged. Wait! you say. WHAT? you say. But wait for it.

[Read more…]

Seven Felonies

Trump has been indicted by a grand jury on 7 felonies, including obstruction of justice. I’m told by a prosecutor that I know that proving obstruction can be harder than proving other crimes, and the media is saying that Jack Smith, the special prosecutor, is aggressive in his investigations but conservative in his prosecution decisions: he doesn’t bring cases he can’t win. He doesn’t even bring cases he things are strong maybes. Smith brings cases that he knows he has the evidence to prove.

Other charges, for mishandling classified records and even the Espionage Act violations should be easier to prove, or so my prosecutor friend says, so if Smith has the goods on obstruction, then he surely has the goods on these other crimes. Watch for the obstruction charge to be the swing count. If Smith doesn’t nail Trump on everything, it will be because the obstruction case faced unexpected new exculpatory evidence. If that happens, expect the Espionage Act case to also become shaky. But expect the records charges to stick — at least at the trial court.

That, however, brings up another issue: even if Smith can win convictions, can he preserve them on appeal. I don’t yet see any reasons why he shouldn’t be able to do so, but our SCOTUS has been particularly corrupt lately, and we can never forget Bush v. Gore when the majority openly admitted in their decision that their rationale did not hold up, and that though they were deciding the case, they did not want any lower court to use it as precedent. Things have only gotten worse at SCOTUS since, so time will tell whether they have the integrity to rule appropriately.

In the meantime, get ready for 6 to 20 months of pretrial motions and general waiting around. This is the end only of one phase, though for me it seems an auspicious beginning to the next.

Ben Shapiro Defends Harlan Crow

Let’s have a conversation about Shapiro’s defence of Harlan Crow:

 

Well, but you kind of miss the point there, Shapiro, dear boy, don’t you? It’s certainly unusual for people to surround themselves with reminders of the things that they hate, but it’s also something that a human being could do. So far, you’re not wrong.

But here’s the thing: If you surround yourself with things that evoke hatred in you, then your feelings are feelings of hatred and your thoughts are thoughts of hatred. And your hateful thoughts will inevitably spawn hateful ideas. Those hateful ideas will become hateful policies that you invent or support or even adopt because of your hatred.

And that’s the ball game.

If your thoughts are thoughts of hatred and your policies are policies of hatred, then your government is a government of hatred and at that point you can call your movement whatever it is you like. You can even name yourselves the IZANs for all the good it will do. A government of hatred, acting against the people it hates, is a government indistinguishable from Stalin’s or Hitler’s.

Even under your theory, Ben, Harlan Crow is a Nazi.

 

 

Critical Race Theory: Videos by people much more fun than me

For our next fun & games with CRT, I’m just going to share two good videos. One is very non technical while still getting most everything right. I like it a lot. Whatever quibbles I have with it I’m not going to bother with because right now I just want you to hear something from a lay person about CRT because hopefully whatever language they use will be more accessible and less wordy than whatever I would say. (Yes, I’ve heard myself speak. Can’t really help it. Sorry/not sorry.) This first, non technical video was actually suggested in the comments so if you’ve been following along in the comments, you might have already watched it. If you haven’t though, your narrator and host goes by the handle T1J and is excellent. Get to it:

[Read more…]

Boston PD Are Rapist Scumbags

So it has come out that Boston PD protected a pedophile rapist, and Boston officers then voted that scumbag their union president.

Now retired, the scumbag has been arrested for raping the daughter of one of his previous victims. The daughter. 25 years later.

What is the Boston PD response to this? Apparently they’re fighting like hell to prevent any records of the previous investigations from coming to light.

So it comes to this: if they aren’t able to pin this coverup, this complicity, this conspiracy on specific Boston officers, then obviously the only proper response for the general public is to treat ALL Boston officers as if they are actively supporting rapists who wear badges. How many of the cops are actual rapists and how many just support giving rapists the authority to command respect, to command obedience, to preside over the interests of police officers as union president, and even to, it nauseates me to say, even to investigate the rape of children. He literally questioned child victims of other rapists, and the police officers above him allowed that. They gave him the power to do that. They specifically assigned him to do that task.

So this is the choice you’ve given  us, motherrapists. Either you clean house, or the whole house is dirty. You even had decades to watch what happened to the Catholic church and learned nothing, did nothing. And the job of a cop isn’t forgiveness; it isn’t grace. Even in 1995 you Boston PD scumbags didn’t have the same excuse as the Catholic church had, as completely unacceptable as that excuse may have been.

You in the Boston PD must be treated socially as if scumbags guilty of conspiracy to rape children, one and all, unless and until you become an organization that doesn’t give these foul gifts to rapists.

This isn’t overreaction. This isn’t emotion. This is the position we are in. This is the position you Boston PD scumbags have put us in: we know that SOME of you are supporting rape, but we don’t know WHICH of you are supporting rape. We have to protect ourselves, and that means that until we have some certainty not just that some of you are innocent, but which exact persons are innocent and why, we simply cannot trust you with power.

Eat shit, Boston PD. Each one of you eat a copper cauldron of shit.

 

 

You know what sucks?

What sucks is when you’ve lived more than 70 years, and not for one day have you known what accountability looks like, not for one day have you understood justice.

For you have known you were doing things for which others were punished, but celebrated your impunity, cursed accountability, fled justice.

For you have only known law, but never justice, and therefore mistook justice for the slow, institutionalized revenge your own wealth bought you in the courts of the United States.

[Read more…]

Terrified: A little knowledge is a dangerous thing

First, let’s get this out of the way: I don’t want you to miss this post I just put up a few minutes ago, but the separate topic of this post is also something that needs to be addressed now, not later,. I can’t have both posts top my stories for the day, but I can at least berate both my readers into making sure they read both posts. So go read that other thing, okay? Okay. On to this post.

As you know, I’m US-law curious, with a side of comparative constitutional law & constitutional construction, but I’m not a US lawyer & didn’t go to a US law school. That puts me firmly in the position described by the aphorism

A little knowledge is a dangerous thing.

That said, I am terrified that Trump is going to do further damage to the US government. Some people have been saying, and I’m sure that many have been thinking, that removing Trump when he only has 13 days left in his term of office is more dangerous than leaving him in as a lame duck.

Personally? I think he’s too dangerous to be left in office for 13 minutes. When I went to bed last night, it was my hope that by the time I woke up, Trump would have been 25th and Biden would be the 47th president two weeks from now instead of the 46th. Make no mistake, I’m not happy about a Pence presidency, even one as short as this would be, but the combination of Trump’s dangerous instability with the circumstances of yesterday’s assault on the Capitol Building creates some unique dangers.

[Read more…]

We Have No Idea What The FUCK You’re On About, Texas, But Alito & Thomas Have THOUGHTS Anyway

The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.

[Read more…]

Ruth Bader Ginsburg is dead, and we’re the ones going to hell

Perhaps the most important civil rights cases ever to be heard were a series of suits deliberately engineered by Charles Hamilton Houston (mentor of Thurgood Marshall was one of the least of his accomplishments) to test the meaning of “separate but equal”.

While the general public remembers Brown v. Board of Education, Topeka, Kansas, SCOTUS’ decision in that case was unanimous only because of the Socratic groundwork laid in earlier cases that targeted law schools. There were several that attempted to nail down the legal deficiencies of Jim Crow before activists pushed to desegregate K-12 schools. One of the last was Sweatt v. Painter, which challenged the University of Texas’ regime. UofT attempted several tactics, but one of the last was the emergency creation of an ad hoc Blacks-only law school at a separate location.

RBG’s first historically important decision was the VMI case styled US v. Virginia, where the last public, men-only college or university was challenged. Virginia, too, set up a special military academy for women as a last ditch attempt to evade integration, but it fell to Ginsburg in her first important case to declare that the deficiencies of racially segregated eduction were just as unconstitutional when they appeared in the context of gender segregated education.

This is how I will remember RBG: from the beginning of her career on SCOTUS she was fighting a rear guard action against the regressives who were unwilling to admit that precedents or principles existed, that certain issues had been decided, that certain values held constitutional significance.

The most obvious of such fights is the struggle to preserve the rights of privacy, autonomy & conscience embedded in the reasoning of Griswold, Eisenstadt, Roe, and Casey. But this is far from the only battle in which she played the rear guard, making the argument for constitutional values that most of us wander about life not noticing are still being questioned, still under attack. Shelby County v. Holder was another, though in that case less successful, instance.

Shelby County notwithstanding, she has been wonderfully effective in this role, and to lose her at any time is tragic. To lose her during this presidency is devastating.