The Daily Parker

Politics, Weather, Photography, and the Dog

End of a busy day

Some of these will actually have to wait until tomorrow morning:

And now, I will feed the dog.

Beautiful autumn morning

I've opened nearly every window in my house to let in the 15°C breeze and really experience the first real fall morning in a while. Chicago will get above-normal temperatures for the next 10 days or so, but in the beginning of October that means highs in the mid-20s and lows in the mid-teens. Even Cassie likes the change.

Since I plan to spend nearly every moment of daylight outside for the rest of this weekend, I want to note a few things to read this evening when I come back inside:

Finally, if you really want to dig into some cool stuff in C# 10, Scott Hanselman explains implicit namespace support.

How close is the end of the Republic?

According to the Washington Post's Robert Kagan, the end has already begun:

The United States is heading into its greatest political and constitutional crisis since the Civil War, with a reasonable chance over the next three to four years of incidents of mass violence, a breakdown of federal authority, and the division of the country into warring red and blue enclaves. The warning signs may be obscured by the distractions of politics, the pandemic, the economy and global crises, and by wishful thinking and denial.

The stage is thus being set for chaos. Imagine weeks of competing mass protests across multiple states as lawmakers from both parties claim victory and charge the other with unconstitutional efforts to take power. Partisans on both sides are likely to be better armed and more willing to inflict harm than they were in 2020. Would governors call out the National Guard? Would President Biden nationalize the Guard and place it under his control, invoke the Insurrection Act, and send troops into Pennsylvania or Texas or Wisconsin to quell violent protests? Deploying federal power in the states would be decried as tyranny. Biden would find himself where other presidents have been — where Andrew Jackson was during the nullification crisis, or where Abraham Lincoln was after the South seceded — navigating without rules or precedents, making his own judgments about what constitutional powers he does and doesn’t have.

Most Americans — and all but a handful of politicians — have refused to take this possibility seriously enough to try to prevent it. As has so often been the case in other countries where fascist leaders arise, their would-be opponents are paralyzed in confusion and amazement at this charismatic authoritarian. They have followed the standard model of appeasement, which always begins with underestimation. The political and intellectual establishments in both parties have been underestimating Trump since he emerged on the scene in 2015. They underestimated the extent of his popularity and the strength of his hold on his followers; they underestimated his ability to take control of the Republican Party; and then they underestimated how far he was willing to go to retain power. The fact that he failed to overturn the 2020 election has reassured many that the American system remains secure, though it easily could have gone the other way — if Biden had not been safely ahead in all four states where the vote was close; if Trump had been more competent and more in control of the decision-makers in his administration, Congress and the states. As it was, Trump came close to bringing off a coup earlier this year. All that prevented it was a handful of state officials with notable courage and integrity, and the reluctance of two attorneys general and a vice president to obey orders they deemed inappropriate.

So, is the Republican Party a modern-day Catilinarian conspiracy? I guess we'll find out in the next few years. Should be exciting.

Excuse me while I Google a few things...

The dignity of the office

Even though no one ever utters the phrase "just when you thought he couldn't stoop lower" about the XPOTUS, this might come close to making you say it:

Former President Donald Trump has signed a contract to provide commentary on a "gamecast" of Saturday's boxing event headlined by Evander Holyfield vs. Vitor Belfort, Triller told ESPN on Tuesday.

His son Donald Trump Jr. will join him at the Hard Rock Hotel & Casino in Hollywood, Florida.

Talk about going back to his roots. But after all, who's really signing the contract anyway?

Lunchtime roundup

Stories from the usual suspects:

Finally, Whisky Advocate calls out a few lesser-known distilleries in Scotland worth visiting—or at least sampling.

Sanctions in Big Lie case

United States Magistrate Judge Reid Neureiter has ordered that the attorneys who filed a ridiculous case against (I am not kidding) over 10,000 people allegedly involved in a massive conspiracy to steal the 2020 election, must pay the defendants' legal fees under Federal Rule of Civil Procedure 11:

Attorneys Gary D. Fielder and Ernest John Walker filed a “frivolous” case and “did not conduct a reasonable inquiry into whether the factual contentions had evidentiary support,” Magistrate Judge N. Reid Neureiter wrote in a sharp 68-page opinion against the pair. 

As several other high-profile pro-Trump attorneys — including Sidney Powell and Lin Wood — face potential sanctions for a separate lawsuit in Michigan, the ruling against Fielder and Walker shows one instance of the courts penalizing lawyers for a “Big Lie” lawsuit. 

Rule 11 exists exactly for this purpose. It makes attorneys who sign representations to a Federal court liable for whatever appears above their signature. Specifically,

(b) By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

   (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

   (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

   (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

   (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Judge Neureiter's order is a joy to read (citations removed):

I use the words “vast conspiracy” purposefully. The Complaint is one enormous conspiracy theory. And a conspiracy is what the original Complaint, all 84 pages and 409-plus paragraphs, alleged: that “the Defendants engaged in concerted action to interfere with the 2020 presidential election through a coordinated effort to, among other things, change voting laws without legislative approval, use unreliable voting machines, alter votes through an illegitimate adjudication process, provide illegal methods of voting, count illegal votes, suppress the speech of opposing voices, disproportionally and privately fund only certain municipalities and counties, and other methods, all prohibited by the Constitution."

So, this was not a normal case in any sense. Plaintiffs purported to represent 160 million American registered voters and came seeking a determination from a federal court in Colorado that the actions of multiple state legislatures, municipalities, and state courts in the conduct of the 2020 election should be declared legal nullities.

In short, this was no slip-and-fall at the local grocery store. Albeit disorganized and fantastical, the Complaint’s allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.

The main focus of the suit, at least as emphasized by Plaintiffs’ counsel in argument, was a demand for a massive amount of money, likely greater than any money damage award in American history. Seeking a “nominal amount of $1,000 per registered voter,” Plaintiffs asked for a total $160 billion for the putative 160-million-person Plaintiff class. This figure is greater than the annual GDP of Hungary.

Even better, guess who appointed Judge Neureiter? Hint: Neureiter took office in 2018.

As TPM Media reminds us, Sidney Powell and Lin Wood face a similar Rule 11 motion in Michigan. Can't wait to read that one.

In the news today...

I haven't had time to read a lot lately, as I mentioned. Maybe these explain why:

And finally, a man in Chicago suburb Lisle, Ill., has made a life's work out of preserving old TV commercials.

About that Russian document

The Guardian reported on Thursday that they had obtained, and validated, a document purporting to come from a January 2016 meeting of Russian president Vladimir Putin and his security team. The document has everything an opponent of the XPOTUS could want:

They agreed a Trump White House would help secure Moscow’s strategic objectives, among them “social turmoil” in the US and a weakening of the American president’s negotiating position.

Russia’s three spy agencies were ordered to find practical ways to support Trump, in a decree appearing to bear Putin’s signature.

There is a brief psychological assessment of Trump, who is described as an “impulsive, mentally unstable and unbalanced individual who suffers from an inferiority complex”.

There is also apparent confirmation that the Kremlin possesses kompromat, or potentially compromising material, on the future president, collected – the document says – from Trump’s earlier “non-official visits to Russian Federation territory”.

Journalist Julia Ioffe, who has reported on Russia for years, and who has made no secret of her belief that the XPOTUS had no business visiting the White House, let alone living there, took all of this with an entire salt lick:

It sounds absolutely amazing and gratifying, but is it true? The short answer is: we don’t know, but there are...reasons to be skeptical.

As Marc Polymeropoulos, a retired C.I.A. officer who fought Russian active measures from 2017 to 2019 from inside Langley, put it, “this seems to be packaged too neatly. Kremlin documents like this don’t leak.” On this, I agree with Marc. It just seems too pat and fits the narrative we want to believe a little too neatly.

“This definitely looks like something the Kremlin could have written and ‘leaked’ for the purpose of making people look ridiculous when it’s published and everyone gets really excited about it,” said one former U.S. government official who worked on Russia. Look, for instance, at the response to the report: the American media is again talking about Trump and whether the election had been rigged by the Kremlin. (Let’s remember that undermining confidence in election security is not an exclusively Republican sport.)

Still, for all my skepticism and all my spidey senses (and sources) telling me this is probably bullshit, it’s important to allow some space for the possibility that this document is real. It might be! But it’s probably not. The real issue is, we just don’t know yet. So if you’re a journalist with good sources in the intelligence community or in the inner sanctum of the Kremlin, get on it. If you’re not, take a beat, and think about whether it’s worth sharing information we don’t yet know to be true. That’s always a good policy.

I'm with Ioffe. If something seems to good to be true, and all that. Plus, as Ioffe also says, it doesn't matter. The XPOTUS is out of office, and with all the state investigations for prosaic things like massive tax fraud coming at him, I don't think we have to worry too much about what Russia may or may not have done to him.

Scarier than we thought

According to an upcoming book by Washington Post reporters Carol Leonnig and Philip Rucker, Joint Chiefs of Staff Chairman Mark Milley seriously worried about the XPOTUS attempting an autogolpe in January:

Milley described “a stomach-churning” feeling as he listened to Trump’s untrue complaints of election fraud, drawing a comparison to the 1933 attack on Germany’s parliament building that Hitler used as a pretext to establish a Nazi dictatorship.

In December, with rumors circulating that the president was preparing to fire then-CIA Director Gina Haspel and replace her with Trump loyalist Kash Patel, Milley sought to intervene, the book says. He confronted White House Chief of Staff Mark Meadows at the annual Army-Navy football game, which Trump and other high-profile guests attended.

“What the hell is going on here?” Milley asked Meadows, according to the book’s account. “What are you guys doing?”

When Meadows responded, “Don’t worry about it,” Milley shot him a warning: “Just be careful.”

Greg Sargent warns we need immediate reforms to make sure we never get that close to a coup again:

Milley’s general overarching fear was absolutely correct: Trump and key strains of the movement behind him were unquestionably willing to resort to potentially illegal and violent means to thwart the transfer of power from Trump to the legitimately elected new government. They actually did attempt this.

On certification of federal elections, Congress could set standards for states that streamline the certification process to take pressure off low-level election boards, and place ultimate control of certification in the hands of state judicial actors who are ostensibly nonpartisan. That would make it harder to corrupt certification.

On state legislatures sending rogue electors, Congress could revise the Electoral Count Act. Ideas include setting higher evidentiary standards for objections to electors, making the threshold for objecting higher than one senator and representative, and requiring two-thirds of Congress to sustain an objection.

This could avert a 2024 scenario in which a GOP legislature in one deciding state buckles this time under pressure to send rogue electors, and a GOP-controlled chamber in Congress counts them, creating a severe crisis at best and a stolen election at worst.

Whatever reforms we choose, the basic guiding idea here should be this. We don’t just want to make it harder to corrupt these processes, but also to reduce the incentive to pressure officials at all these levels to do so, since it would be less likely to succeed.

Milley’s fear of a Trump military coup was not borne out. But this shouldn’t lead us to congratulate ourselves over Trump’s incompetence or the virtues of individual players. It should add to our urgency to act.

Scary stuff. And the Republican Party continues to push towards minority rule, having given up on democracy itself. So yes, we need to fix this, to the extent possible.

Don't play the other guy's game

Adam Gopnik makes a good point about President Biden's successful, if invisible, ideology:

Biden and his team, widely attacked as pusillanimous centrists with no particular convictions, are in fact ideologues. Their ideology is largely invisible but no less ideological for refusing to present itself out in the open. It is the belief, animating Biden’s whole career, that there is a surprisingly large area of agreement in American life and that, by appealing to that area of agreement, electoral victory and progress can be found.

He didn’t say as much as he might have or as many might have wanted [about the XPOTUS's crimes]. But this was surely due to his conviction, and the conviction of his circle, that an atmosphere of aggravation can only work to the advantage of the permanently aggrieved. With so many Americans in the grip of a totalized ideology of Trumpism—one that surmounts their obvious self-interest or normal calculations of economic utility—the way to get them out of it is to stop thinking in totalized terms. You get people out of a cult not by offering them a better cult but by helping them see why they don’t need a cult.

[L]ike a virus that infects the country, long Trump is an ailment that won’t go away.

The urge to fight it, hard, before it can return, seems irresistible. Yet Biden and his circle resist this fight, and it would be foolish to think that they resist it only out of blindness and opacity. They are betting on Charley Goldman’s wisdom: you can’t win playing the other guy’s game. This wisdom has taken them further than the more aggressive conventional kind might have imagined.

The President is about to get a $3.5 trillion infrastructure package through Congress on Democratic votes alone. He's doing everything he said he'd do, and succeeding (mostly). He might know what he's doing.