Wednesday, September 13, 2023

Quaint distinctions in Anoka County towns.

 Link. Second link.

You get the impression bar owners run one of the two towns.


Some persons in Minnesota are seeking to prior restrain a recently passed state law about elections and voting.

 dailycaller.com on  9/11/23 published, 

EXCLUSIVE: Legal Group Files Lawsuit Against Minnesota Election ‘Speech Code’ Banning ‘Materially False’ Statements

It speaks for itself, and a Complaint copy is posted on Scribd. Whatever happened to the intent behind court rules saying a Complaint shall be a short, clear statement * * * ? 

107 paragraphs. The signature page is p.22. Long winded? Readers can figure that out. Make sense out of where these plaintiffs are coming from.

As a separate thing - When defamation is at issue, I believe in reliance on precedence. In Bebo v. Delander, 632 NW 2d 732,739-40 (Minn.App. 2001). Judge Barry Anderson wrote the Court's opinion, without dissent, (and believed to have not been overturned or expanded upon since) stating:

"[S]tatements which cannot be reasonably interpreted as stating actual facts, are absolutely protected by the First Amendment." Hunt v. University of Minn., 465 N.W.2d 88, 94 (Minn.App.1991) (citation omitted). "Expressions of opinion, rhetoric, and figurative language are generally not actionable if, in context, the audience would understand the statement is not a representation of fact." Jadwin v. Minneapolis Star & Tribune Co., 390 N.W.2d 437, 441 (Minn.App.1986).

For this reason, even vulgar language or name-calling is not necessarily defamation. See Beatty v. Ellings, 285 Minn. 293, 300, 173 N.W.2d 12, 16-17 (Minn.1969) ("Not all abusive or vulgar epithets * * * are inherently defamatory."); Lund v. Chicago & N.W. Transp. Co., 467 N.W.2d 366, 370 (Minn.App.1991) (vulgarity is not actionable unless "especially shocking or egregious"), review denied (Minn. June 19, 1991); Lee v. Metropolitan Airport Comm'n, 428 N.W.2d 815, 821, 823 (Minn.App.1988) (comments regarding  personal characteristics or social life not defamatory, even if more extreme than that usually encountered). For example, as a matter of law, "troublemaker" is not actionable because of its indefinite character. McGrath v. TCF Bank Savs., FSB, 502 N.W.2d 801, 808 (Minn.App.1993), modified on other grounds, 509 N.W.2d 365 (Minn.1993). Similarly, "b—ch" is not actionable. Lee, 428 N.W.2d at 821.

Courts consider four factors when determining whether a statement is one of fact or opinion: (1) the precision and specificity of the statement; (2) the statement's verifiability; (3) the social and literary context of the statement; and (4) the public context in which the statement was made. Huyen v. Driscoll, 479 N.W.2d 76, 79 (Minn.App.1991), review denied (Minn. Feb. 10, 1992); Lund, 467 N.W.2d at 368-69.

Application of this test shows that appellant has failed to allege actionable defamatory statements. The first two statements, "a—hole" and "c—sucker" are pure vulgarity and have no basis in fact. The statements are not precise, specific, verifiable, and they were made in the context of truck deliveries at the Silgan loading docks. Although offensive, the statements are clearly statements of opinion and do not rise to the level of "especially shocking or egregious" conduct given the context in which they were made.

The logic hangs together. Hence I make a statement of opinion, an opinion I truly believe many, many hold, whether written, otherwise communicated, or only held in mind.

Trump is an asshole. 

Written in reliance upon judicial precedent. That clear statement of opinion does not rise to the level of "especially shocking or egregious" conduct given the context in which it is made. And, moreover, there is a vagueness to it.

And back to the opening link, there it is:

Count Three 42 U.S.C. §§ 1983, 1988 U.S. Const. Amend. I, XIV Minn. Const. art. I, §§ 3, 7 First Amendment Freedom of Speech – Vagueness Procedural Due Process – Vagueness

At paragraph 84, et seq.

While handled lightly to this point, getting serious, this lawsuit is aimed to convince a court that speech aimed at voter turnout suppression is protected speech, and cannot be penalized.  My guess, the plaintiffs are Republicans.

Website homepage, https://www.umlc.org. This link, stating:

On December 12, 2022, the CATO Institute and the Manhatten Institute submitted an amicus brief to the United States Supreme Court to support the Upper Midwest Law Center’s case regarding Governor Walz’s COVID-19 Pandemic lockdowns of small businesses. CATO and Manhatten Institutes write that while the two groups have not always agreed on legal and policy questions, they share the plaintiffs’ concern in this matter. Both are interested in this case because of their shared concern for robust civil rights protection under 42 U.S.C. § 1983.

UMLC is appealing to the Supreme Court a portion of the Northland case involving the claim for reimbursement for the loss of revenue based on the “taking” or hijacking of their businesses during the lockdowns. UMLC has argued that the share of financial reimbursement is valid whether the Governor’s order was constitutional or not because the government owes refunds when it commandeers property, even if done lawfully.

You can read the full amicus brief here.

Well, yeah, likely Republicans. Likely a bunch of - no, I won't say it. I will hold that opinion to myself. I do believe they actually believe in what they are doing. I see it as counterproductive to our being a good nation. Opinions can differ.


Monday, September 11, 2023

This is an easy post. ALL I KNOW IS WHAT I READ ON THE WEB. [UPDATED]

 The Hunter Biden show being said to touch Joe, where looking for actual evidence is thin comfort toward finding any, example link.

The Rudy trying his best to find (or manufacture) dirt on Joe Biden story, complicated but with names named, testimony noted, link. A parallel second link.

Rudy - laptop tie-in? Two laptop sources? Ukrainians delivering a hard drive? How come I don't see more of this kind of juxtaposition via MSM? Oh, never mind. They have day-to-day duties, advertisers wanting product volume to justify advertising billing, stuff.

Keep it stretched to a breaking point as long as feasible, and when whatever is truth breaks, consider - make the editorial decision - to report things straight or bent, as part of running an MSM outlet?

Who is to say? When? What?

Where's the beef?

Fine. It is a complaint. And as always there is a counterargument; NYTimes,Ben Smith, Oct. 25, 2020, (October Surprise time, last Pres. election) -- mid-item, in part:

The McLean group's failed attempt to sway the election is partly just another story revealing the chaotic, threadbare quality of the Trump operation — a far cry from the coordinated “disinformation” machinery feared by liberals.

But it’s also about a larger shift in the American media, one in which the gatekeepers appear to have returned after a long absence.

It has been a disorienting couple of decades, after all. It all began when The Drudge Report, Gawker and the blogs started telling you what stodgy old newspapers and television networks wouldn’t. Then social media brought floods of content pouring over the old barricades.

By 2015, the old gatekeepers had entered a kind of crisis of confidence, believing they couldn’t control the online news cycle any better than King Canute could control the tides. Television networks all but let Donald Trump take over as executive producer that summer and fall. In October 2016, Julian Assange and James Comey seemed to drive the news cycle more than the major news organizations. Many figures in old media and new bought into the idea that in the new world, readers would find the information they wanted to read — and therefore, decisions by editors and producers, about whether to cover something and how much attention to give it, didn’t mean much.

But the last two weeks have proved the opposite: that the old gatekeepers, like The Journal, can still control the agenda. It turns out there is a big difference between WikiLeaks and establishment media coverage of WikiLeaks, a difference between a Trump tweet and an article about it, even between an opinion piece in The Wall Street Journal suggesting Joe Biden had done bad things, and a news article that didn’t reach that conclusion.

[...Image]

 Perhaps the most influential media document of the last four years is a chart by a co-director of the Berkman Klein Center for Internet and Society at Harvard, Yochai Benkler. The study showed that a dense new right-wing media sphere had emerged — and that the mainstream news “revolved around the agenda that the right-wing media sphere set.”

Mr. Bannon had known this, too. He described his strategy as “anchor left, pivot right,” and even as he ran Breitbart News, he worked to place attacks on Hillary Clinton in mainstream outlets. The validating power of those outlets was clear when The New York Times and Washington Post were given early access in the spring of 2015 to the book “Clinton Cash,” an investigation of the Clinton family’s blurring of business, philanthropic and political interests by the writer Peter Schweizer.

Mr. Schweizer is still around this cycle. But you won’t find his work in mainstream outlets. He’s over on Breitbart, with a couple of Hunter Biden stories this month.

And the fact that Mr. Bobulinski emerged not in the pages of the widely respected Journal but in a statement to Breitbart was essentially Mr. Bannon’s nightmare, and Mr. Benkler’s fondest wish. And a broad array of mainstream outlets, unpersuaded that Hunter Biden’s doings tie directly to the former vice president, have largely kept the story off their front pages, and confined to skeptical explanations of what Mr. Trump and his allies are claiming about his opponent.

“SO USA TODAY DIDN’T WANT TO RUN MY HUNTER BIDEN COLUMN THIS WEEK,” the conservative writer Glenn Reynolds complained Oct. 20, posting the article instead to his blog. President Trump himself hit a wall when he tried to push the Hunter Biden narrative onto CBS News.

“This is ‘60 Minutes,’ and we can’t put on things we can’t verify,” Lesley Stahl told him. Mr. Trump then did more or less the same thing as Mr. Reynolds, posting a video of his side of the interview to his own blog, Facebook.

The media’s control over information, of course, is not as total as it used to be. The people who own printing presses and broadcast towers can’t actually stop you from reading leaked emails or unproven theories about Joe Biden’s knowledge of his son’s business. But what Mr. Benkler’s research showed was that the elite outlets’ ability to set the agenda endured in spite of social media.

[...] This week, you can hear howls of betrayal from people who have for years said the legacy media was both utterly biased and totally irrelevant.

“For years, we’ve respected and even revered the sanctified position of the free press,” wrote Dana Loesch, a right-wing commentator not particularly known for her reverence of legacy media, expressing frustration that the Biden story was not getting attention. “Now that free press points its digital pen at your throat when you question their preferences.”

There’s something amusing — even a bit flattering — in such earnest protestations from a right-wing movement rooted in efforts to discredit the independent media. And this reassertion of control over information is what you’ve seen many journalists call for in recent years. At its best, it can also close the political landscape to a trendy new form of dirty tricks, as in France in 2017, where the media largely ignored a last-minute dump of hacked emails from President Emmanuel Macron’s campaign just before a legally mandated blackout period.

But I admit that I feel deep ambivalence about this revenge of the gatekeepers. I spent my career, before arriving at The Times in March, on the other side of the gate, lobbing information past it to a very online audience who I presumed had already seen the leak or the rumor, and seeing my job as helping to guide that audience through the thicket, not to close their eyes to it. “The media’s new and unfamiliar job is to provide a framework for understanding the wild, unvetted, and incredibly intoxicating information that its audience will inevitably see — not to ignore it,” my colleague John Herrman (also now at The Times) and I wrote in 2013. In 2017, I made the decision to publish the unverified “Steele dossier,” in part on the grounds that gatekeepers were looking at it and influenced by it, but keeping it from their audience.

[...] Ben Smith is the media columnist. He joined The Times in 2020 after eight years as founding editor in chief of BuzzFeed News. Before that, he covered politics for Politico, The New York Daily News, The New York Observer and The New York Sun. Email: ben.smith@nytimes.com More about Ben Smith

The suggestion from that fairly extensive excerpt is that MSM still controls the narrative, if not actual withholding or disclosing evidence, which may itself already be public record; but control over presentation of reasonable or unreasonable inferences from the evidence, and probing one way or another, the arguable reliability of such public evidence as there is.

The Crabgrass attitude toward the Hunter laptop stuff has been "show me the money trail" if you contend Joe was a part of Hunter being paid for perceived influential power, whether real or not. Money was offered Hunter, he accepted, details exist; but show the money reaching Joe, or be left with only a perhaps, perhaps not, which is not "news."

Trump, arguably, was upset with the Rudy dug up story not growing media legs; and blamed it not on the weakness of the sources and of Trump's clear sending Rudy to dig up or manufacture dirt; and when that dirt landed, a collective blind eye was shown by established media. Trump likely bases part of "the steal" upon media silence when he'd have liked them to sensationalize tabloid style, with him still feeling vengeful to where nominated and winning in 2024 might show him trying to settle scores.

All that is speculative. It is not news. It is guesswork, with some sense of likilihoods at best, at play. Back to "All I know ..." and the Crabgrass inference is that if there were any hard evidence uncovered reaching Joe Biden, the eager House Republican frenzy would have disclosed it already. The inference, circumstantially, there is no tie-in. Again, there is no real "news" unless Republicans show a clear (nonspeculative) money trail touching Joe Biden. 

Otherwise, a story about Hunter and his human foibles and of the willingness of some in Ukraine to give Hunter money on speculation we operate as they appear to operate is a story; but not THE story. 

This "actual story" seems to touch upon the billions being spent by our nation in war there when domestic needs exist and a troubling number of Americans are living in tents in urban core areas. Historically a "cute" way to say things is there is a difference between a tempest in a teapot, and "Teapot Dome."

Back to the opening links, is the news story the Hunter money, or the crass attempts to tie it via naked speculation to Joe Biden? 

Put another parallel way, Jarad Kushner getting two billion Saudi dollars put into his private equity management effort has currently happened, so, how does that touch Donald Trump, Kushner's father-in-law? 

The Saudi golf tourney held earlier at Trump's Bedminster golf course; that is a more direct reach to The Donald, but still it is not being a major MSM focus in reporting President/money affairs. Yet that golf tournament has the direct ties missing in all the Hunter/laptop junk being thrown onto the wall with a vain hope some sticks to Joe in a way touching his electability. Direct ties matter.

___________UPDATE__________

As if on cue, LATimes published Sept. 11, 2023, "

Hunter Biden's problems are legitimately his dad's problems, too

Though evidence of corruption by Joe Biden the elected official is absent, Joe Biden the politician should've known before any of this started that perception is everything. 

It is a vexing op-ed, as if Hunter Biden is somehow constrained or managed by his father, this far into Hunter's adulthood. One doubts Gini Thomas has a control position upon Clarence's ethical shenanigans, either. 

Blame the perp, not the relative. Other than the questionable execution of Ethel Rosenberg along with her spouse, Julius, our legal system tries to separate the crime of a family member from casting shame and hurt onto another close relative, absent actual proof of culpability. If the Republicans held any such proof against Joe Biden, we'd have seen it already. All they have is innuendo, which they've worked to the bone. Ineffectively, in general, although some keep saying, "It's there."

If it's there, prove it or move on to doing the business of governing the nation from a House majority position, and abandon touting a claim of guilt of the father for the son's conduct. 

Politics says try to discredit Joe Biden based upon Hunter's deeds. Justice says otherwise. The suggestion is the Republicans try justice. They will keep beating the drum, and if they find something real, it will surprise at this late stage.

People of the nation deserve better conduct from Congressional reps.

_________FURTHER UPDATE__________

A related "good read" story exists within the pleadings of a law suit originally filed by computer repair shop operator, JOHN PAUL MAC ISAAC, [dated January 20, 2023, online here, claiming defamation). The litigation bounced into federal court, and back (item dated Mar 24, 2023; all parties laywered up; remand order being the final page). Prior to remand to state court, Def. Hunter Biden on 3/17/23 filed an answer and counterclaim). These online items suffice to define the issues; the Hunter Biden Counterclaim being the good read Crabgrass has in mind (starting at p. 22 of the 42 page pdf document). That summary is sufficient to turn readers loose to pursue the story of THE LAPTOP data, as Hunter Biden's lawyers tell it. Noting that story is within an adversarial item also gives sufficient notice of possible shading of facts.

No excerpting here. Interested readers have links to original court papers. Crabgrass found the computer repair store operator's handling of data among intermediaries to be of interest, along with Biden counsel's sequential marshaling of counterclaim fact averments into an interesting coherent story of a feeding frenzy.

Readers can form their own opinions, but as to chain of custody of the data at issue, things appear confused more so than orderly as best evidence expectations might require for admissibility; which as always would be a matter of judicial discretion.

As to merits of assertions in that litigation, we don't know until a trier of facts tells us. But we can guess. As part of the good read.

Here is a websearch = Mac Issac vs Hunter biden litigation news

It shows how varying media outlets handle the story set out above via court papers.

Supplemental information absent in the court filings may be found via that search link. Particularly as to discovery. Who took whose deposition, when,  etc. Things that happened after pleadings were closed. If there were material amendments to pleadings beyond those found online and linked to above, Crabgrass is not aware of any. If motions were filed and heard, Crabgrass is not aware of any. Expect there were. Readers are urged to ferret out later information about events and contentions. What has been set out is what Crabgrass read on the web.

_________FURTHER UPDATE________

Other things Crabgrass read on the web relevant to the above:

Axios

Axios, again

lawandcrime.com - with a photo of Mac Issac.

emptywheel.net

___________FURTHER UPDATE__________

The first Axios link above indicates Abbe Lowell, Hunter Biden's lawyer, took Mac Issac's deposition. That calls to mind Oct. 14, 2020  Daily Beast reporting:

 On Wednesday afternoon, a group of reporters, among them a journalist for The Daily Beast, spoke with the owner of the shop, a man named John Paul Mac Isaac who lives in Wilmington, Delaware. The audio of that nearly hour-long question and answer session is below.

 [https://soundcloud.com/rptrbnd/mac-shop-10-14-cm]

[...] Social media postings indicate that Mac Isaac is an avid Trump supporter and voted for him in the 2016 election.

Mac Isaac said he had a medical condition that prevented him from actually seeing who dropped off the laptop but that he believed it to be Hunter Biden’s because of a sticker related to the Beau Biden Foundation that was on it. He said that Hunter Biden actually dropped off three laptops for repair, an abundance of hardware that he chalked up to the Biden son being “rich.”

Throughout the interview, Mac Isaac switched back and forth from saying he reached out to law enforcement after viewing the files in the laptop to saying that it was actually the Federal Bureau of Investigation that contacted him. At one point, Mac Isaac claimed that he was emailing someone from the FBI about the laptop. At another point he claimed a special agent from the Baltimore office had contacted him after he alerted the FBI to the device’s existence. At another point, he said the FBI reached out to him for “help accessing his drive.”

Mac Isaac referenced the infamous Seth Rich conspiracy theory—which holds that a DNC staffer who police say was murdered in a botched robbery was actually killed off by Clinton allies because he leaked committee emails—as reason for his paranoia. He said he made a copy of the hard drive for the purposes of personal protection.

“They probably knew I had a copy because I was pretty vocal about not wanting to get murdered,” he said, “so I’m going to have a copy.”

Mac Isaac refused to answer specific questions about whether he had been in contact with Rudy Giuliani before the laptop drop-off or at any other time before the Post article’s publication. Pressed on his relationship with Giuliani, he replied: “When you’re afraid and you don’t know anything about the depth of the waters that you’re in, you want to find a lifeguard.”

Seeming to realize he’d said too much, he added: “Ah, shit.”

So Rudy was your lifeguard? the reporters asked. “No comment,” he replied.

Mac Issac being unable to say who gave him the laptop, and "cute" about his dealings with Rudy suggest Lowell's deposition of Mac Issac might have been productive of insights about that device, and its contents. 

The Hunter Biden counterclaim did distinguish between the physical device, and the data it held, as two separate kinds of property. Saying some of the data clearly was Hunter Biden's, but not validating anything beyond that limited statement. Rudy at the time was tight with Trump, it was 2020 October surprise time, Mac Issac was a Trump loyalist, and the integrity of the whole of the data the device held IS at issue. 

Hunter Biden admits some of his data was released, invasion of privacy being his claim, but nobody can say who actually gave Mac Issac the device he and Rudy handled before any press coverage. Nor can anyone say how the data on the device was assembled in aggregate, by whom. Nor can anyone say how many hands the device passed through before someone left it with Mac Issac.

That is background to what the House Republicans are doing, including their consideration of an impeachment of Joe Biden. If done, it would be for show, with nobody contending an expectation exists of a Senate trial turning out against the President. Crabgrass opinion: The ice is really thin where they are skating, absent their uncovering something real, finding an Easter egg, during investigative effort.

The entire chain of custody of the device is blurred beyond belief, unless, apparently, you are a gullible House Republican, or posing as gullible.

With all that, wouldn't it have been a hoot to be able to sit in on Lowell's deposition of Mac Issac? Probably there was extended bantering between the lawyers.

Saturday, September 09, 2023

Friday event, Kristi Noem bets her future on a maybe thing. Breitbart features it big time, lead headline, the guv endorses the indictee. Woo, woo.

 Woo, woo. Indeed!

Sorry, but it seems - somehow, some way - artificial. This from Breitbart's homepage, today -

 

lead item, featured, BIG NEWS?

And, as unforgetable a photo as the Iwo Jima flag raising,

https://media.breitbart.com/media/2023/09/Kristi-Noem-Endorses-Trump-640x480.jpg

An anorexic hello to you, big fella. Excuse my disdain.

Strib today carries the AP feed coverage of the event, stating in part:

WASHINGTON — South Dakota Gov. Kristi Noem endorsed former President Donald Trump at a party fundraiser in Rapid City Friday night that doubled as an opportunity for Noem to showcase herself as a potential vice presidential pick.

As his rivals held town halls and meet-and-greets in early voting states, Trump headlined the South Dakota Republican Party's ''Monumental Leaders Rally'' in Rapid City, where Noem, once considered a potential 2024 candidate in her own right, instead threw her support behind the former president.

''I will do everything I can to help him win and save this country," Noem said as she formally offered her endorsement before Trump took the stage. She said all the other Republican presidential candidates had been invited to the event. ''All of them told us that they had better things to do. But when President Trump was invited to come be with you tonight, he said, 'I will be there,''' she said.

Trump, for his part, praised Noem as ''one of the most successful governors in the entire nation'' and said her endorsement ''means a lot.''

Trump's decision to headline the event underscores his dominance in the early stages of the GOP presidential primary even as he faces four separate indictments and 91 felony counts. South Dakota holds a late primary and isn't a competitive general election state. But with a huge lead, Trump is skipping much of the traditional primary campaign.

Instead of the large-scale rallies that dominated his past runs, he is this time relying on state party events that offer large, friendly audiences at no cost to his political organization, which is facing millions of dollars in legal expenses. Friday's event looked like a typical Trump rally, but was paid for by the state Republican Party. Those in the audience purchased tickets and paid to attend.

The visit was also something of an audition for Noem. She planned the event as a way to both offer her endorsement and maximize face time with Trump as he considers potential 2024 running mates and cabinet members, according to two senior Republicans familiar with her thinking who spoke on condition of anonymity ahead of the announcement.

Noem will be term-limited in 2026 and, after declining to run for president this year, is eyeing her next move to maintain prominence in the GOP.

That is more or less the way Crabgrass figured it from headlining alone. Differing from the commentary accompanying the Breitbart headlining.  Nothing there so cynical as speculating about motivation, sincerity, calculation, opportunity. 

Just, vanilla Breitbart. As expected. No mystery. No surprise.

_________UPDATE_________

NYTimes, no surprises either. 

She isn’t running for the White House, and she recently told Fox News that “of course” she would consider joining a ticket with Mr. Trump.

Ms. Noem, 51, fueled further vice-presidential conjecture by endorsing the former president at a rally on Friday evening in her home state.

“Tonight, Mr. President, my message is clear: It is an honor to have you with us in South Dakota,” Ms. Noem said in front of a crowd of thousands in Rapid City. “You made America great again once. Let’s do it again.”

Mr. Trump took the stage, briefly hugging Ms. Noem and exchanging words. Then, for a quick second, a graphic reading “TRUMP NOEM 2024” flashed on the giant screen above the stage.

“Kristi is a warrior for American values,” Mr. Trump said, going on to compliment her handling of the coronavirus pandemic and her policies in South Dakota.

“I get endorsements, some good, some bad,” he said. “Some don’t mean anything. Hers means a lot.”

While South Dakota holds little sway in the Republican presidential primary contest — and even less in a general election — Ms. Noem’s endorsement is noteworthy, because only eight of the nation’s 26 Republican governors have publicly picked sides so far.

Beyond Ms. Noem, just three — Mike Dunleavy of Alaska, Jim Justice of West Virginia and Henry McMaster of South Carolina — have backed Mr. Trump. Two others — Ron DeSantis of Florida and Doug Burgum of North Dakota — are running against him.

“Everybody should consider it,” Ms. Noem told Fox News about a potential vice-presidential slot. “If President Trump is going to be back in the White House, I’d do all I can to help him be successful.”

“If President Trump is going to be back in the White House, I’d do all I can to help him be successful.” She said that. That causes one to ask, "If Donald J. Trump ends up in prison, would she bake him a cake with a file in it?" Helping him to be successful in a differing context? Would she drive the getaway car? How loyal is loyal? (Ask Rudy for a weather report.)

Politics is getting a slime patina these days. Due, of course, to social media. 

Example: social media

 That's your wages, bucko! What you gonna do when they come for you?

Vanilla Breitbart - anti-social media? 

All we know is what we read on the web. Thinking it over; Optional.


Wednesday, September 06, 2023

In earlier commentary about Ron DeSantis and his Florida redistricting putsch, there's more - nationwide House control after the 2024 election being at issue.

 ABCnews carrying an AP item yesterday:

Democrats got a potential boost for the 2024 congressional elections as courts in Alabama and Florida ruled recently that Republican-led legislatures had unfairly diluted the voting power of Black residents.

But those cases are just two of about a dozen that could carry big consequences as Republicans campaign to hold onto their slim majority in the U.S. House of Representatives. Another trial alleging racial violations in voting districts got underway Tuesday in Georgia, where Democrats also hope to make gains, while voting rights advocates in Ohio decided to drop a legal challenge to that state's congressional districts — providing a bit of good news for Republicans.

Legal challenges to congressional districts also are ongoing in Arkansas, Kentucky, Louisiana, New Mexico, South Carolina, Tennessee, Texas and Utah. And new districts seem likely in New York and North Carolina, based on previous court actions.

Though much remains to be settled, there's a good chance congressional districts will be changing in numerous states.

[...] Republicans currently hold a 222-212 majority in the U.S. House, with one vacancy in a previously Democratic-held seat.


[... ] A Florida redistricting case decided Saturday by a state judge also involved race, though it relied on provisions in the state constitution instead of the Voting Rights Act. That judge said the U.S. House map enacted by GOP Gov. Ron DeSantis diminished Black voters’ ability to elect their candidate of choice in northern Florida. The judge directed Florida lawmakers to draw a new congressional map — a ruling that is likely to be appealed before it's carried out.

[...] Though lawsuits have become common after each decennial redistricting, they can lead to confusion among voters if congressional districts get changed after only a few years.

“It does undermine a little bit the theory of representative democracy if you don’t even know who represents you election to election," Spencer said. "It’s another reason why these redistricting games are so problematic.”

In excerpting, much detail about states in flux was omitted. Readers are urged to access the original item. The paragraph about Florida/DeSantis is relevant nationwide with DeSantis now a presidential candidate. The two concluding paragraphs deserve emphasis. Part of democracy in practice, at levels above individual voters, is manipulation of districts to lessen the power of one person, one vote - both parties in our two party system being guilty of gerrymandering, or litigating to undo what the other party did, while in the majority. Every ten years the deed is done, with inevitable litigation aimed toward partisan change ensuing.

How the two party system manages US is not an honorable story.  Truth sometimes is that way. The system survives, and how to make it better is uncertain, and debated in partisan ways. Elections are held, we vote, and there is The Electoral College as yet another impediment citizens face, in how those running the nation run it. "Trump alternate electors" was a low point, no honor in it, none whatsoever.

We find out between now and Nov. 2024 whether beyond dishonorable, juries deem it criminal. The jury system gets its workout in a way ultimately healthy for democracy as we know and practice it. Yea, juries! 

_____________UPDATE____________

Continuing the thoughts - AP reports Former Proud Boys leader Enrique Tarrio was sentenced Tuesday to 22 years in prison, the longest sentence so far arising from Jan. 6, i.e., longer than Oath Keeper Stewart Rhodes drew. The ending paragraph of the item;

Tarrio’s lawyers denied the Proud Boys had any plan to attack the Capitol or stop the certification of Biden’s victory. They argued that prosecutors used Tarrio as a scapegoat for Trump, who spoke at the “Stop the Steal” rally near the White House on Jan. 6 and urged his supporters to “fight like hell.”

Of interest, mid-item in the Tarrio report, AP included a featured link over to a Kamala Harris exclusive AP video interview headlined,


The AP Interview: Harris says Trump shouldn’t be an exception for Jan. 6 accountability

First four paragraphs of commentary supplementing the video:

JAKARTA, Indonesia (AP) — Vice President Kamala Harris said Wednesday that those responsible for the effort to overturn the results of the 2020 presidential election and the ensuing violence at the U.S Capitol must be held accountable — even if that means Donald Trump.

“Let the evidence, the facts, take it where it may,” Harris said in an interview with The Associated Press in Jakarta, Indonesia, where she was attending a regional summit.

Federal prosecutors have indicted Trump, the front-runner for the 2024 Republican presidential nomination, for his efforts to cling to power in 2020. The former president also has been charged in Georgia in a scheme to subvert the will of voters who elected Democrat Joe Biden instead of giving Trump a second term.

“I spent the majority of my career as a prosecutor,” said Harris, who served as California’s attorney general before moving to Washington as a U.S. senator. “I believe that people should be held accountable under the law. And when they break the law, there should be accountability.”

There's more for readers who follow the link.  

Only a true idiot would have expected her to say anything different than that Jan 6 was Trump's responsibility. There is a lot of reasoning going that way.

Juries will decided every count of the indictments against Trump. Yea juries!

Closing the post with that update. While noting that AP had multiple ways it might have structured its today's-presentation-of-news, and that online editorial decision making often adds intended structure to objective presentations. Which is something always worth attention and reflection when online.

 

Monday, September 04, 2023

They've seen the rest, with Trump still best? That is Breitbart's indictment. Not another Trump indictment. The field, indicted as, "Well, . . ."

Breitbart:

Former President Donald Trump has no formidable challenger among Republican presidential primary candidates, according to a poll published Saturday.

The poll, published by the Wall Street Journal, showed that Trump is the top choice of 59 percent of GOP primary voters — up 11 percentage points since April.

[...] Trump’s lead over Florida Gov. Ron DeSantis has nearly doubled since April to 46 percentage points, the survey showed.

Compared to Trump’s 59 percent support, DeSantis garnered only 13 percent, putting him only barely ahead of the rest of the GOP primary field.

That figure represented a collapse of support for DeSantis, which was 24 percent in April.

“DeSantis collapsed,” said Democrat pollster Michael Bocian, who conducted the poll with Republican pollster Tony Fabrizio.

“The one candidate who back in April really seemed to be a potential contender, seemed to have a narrative to tell, has totally collapsed, and those votes went to Trump,” he said.

The poll showed that four indictments of Trump have not hurt him with Republican primary voters.

More than 60 percent polled said the indictments were politically motivated and without merit, according to the poll.

[...] A near majority — 48 percent — said the indictments made them more likely to vote for Trump in 2024, while only 16 percent said they made them less likely to support him.

Well, . . .

The WSJ survey included 600 Republican voters who said they will vote in a presidential primary or caucus. The poll was conducted after the first debate [...]

The killing words for those in the field, "The poll was conducted after the first debate." 

Live, on the same stage, no hard questioning, (FOX after all), and the upshot is more drift to the slob whose indictment count is approaching his IQ.

Sad.

Is the problem the base? Or the field? Or Both?

Happy Labor Day. 

_________UPDATE________

More Brietbart. Leading with a five minute video of one who talks a lot, while trailing DeSantis. Does he talk too much? Does he convince? And, what audience is he talking to? Energetic? Yes. Convincing? That is the question being left to readers. 

CRABGRASS OUTLOOK: Anybody saying he'd appoint Ted Cruz to the Supreme Court does not get three strikes. He's out, end of story, in the world view of Crabgrass. Readers can ponder that.

Sunday, September 03, 2023

A possibly too cynical view of Ron DeSantis, myth and actuality.

 First this, a help the hurricane devastated white lady for a photo op -

https://twitter.com/GovRonDeSantis/status/1698078373606834510

White folks in the background. 

Rocking that too pretty photo-op  boat -

DeSantis’ redistricting map in Florida is unconstitutional and must be redrawn, judge says

A Florida redistricting plan pushed by Republican Gov. Ron DeSantis violates the state constitution and is prohibited from being used for any future U.S. congressional elections since it diminishes the ability of Black voters in north Florida to pick a representative of their choice, a state judge ruled Saturday.

Circuit Judge J. Lee Marsh sent the plan back to the Florida Legislature with instructions that lawmakers should draw a new congressional map that complies with the Florida Constitution.

The voting rights groups that challenged the plan in court “have shown that the enacted plan results in the diminishment of Black voters’ ability to elect their candidate of choice in violation of the Florida Constitution,” Marsh wrote.

The decision was the latest to strike down new congressional maps in Southern states over concerns that they diluted Black voting power.

In June, the U.S. Supreme Court overturned a Republican-drawn map in Alabama, with two conservative justices joining liberals in rejecting the effort to weaken a landmark voting rights law. Not long after that, the Supreme Court lifted its hold on a Louisiana political remap case, [...]

[...] Every 10 years — following a once-a-decade census — lawmakers in all 50 states, including Florida, redraw political boundaries.

DeSantis, a candidate for the 2024 GOP presidential nomination, was criticized for essentially drawing Democratic U.S. Rep. Al Lawson, who is Black, out of office by carving up his district and dividing a large number of Black voters into conservative districts represented by white Republicans.

In an unprecedented move, DeSantis interjected himself into the redistricting process last year by vetoing the Republican-dominated Legislature’s map that preserved Lawson’s district. He called a special session, submitted his own map and demanded lawmakers accept it.

In their lawsuit, the voting rights groups claimed the redrawn congressional map violated state and federal voting rights protections for Black voters.

An undeniable fact, highlighted in red. Who Ron DeSantis is, heart and mind.

It's what some like about the South.

_____________UPDATE_____________

Three more hurricane photo-op tweets posted by DeSantis on the X platform -

In fairness, there are possible explanations that these DeSantis chosen images show white people (except this one image, from here, seems to have a black person in the crowd). Possibly predominantly white beachfront communities suffered most severe damage, needing attention, or black people possibly do not see much purpose in showing up at DeSantis events. Keaton Beach and Horseshoe Beach are two specific neighborhoods/sites DeSantis toured and featured on the X platform. Visits to other places, aside from photo-op sites, is possible.

But handing out chick-fil-a sandwiches from a food truck, come on. Others can do that while higher levels of relief management are available for a Governor. Boots on the ground photo ops are one thing, Sandwich Man is another.

Other coverage of the court opinion aside from the already quoted AP carry -

USAToday,  posting a local media report, and linking to the 55p judicial opinion and order. online, which in closing stated:

By dismantling a congressional district that enabled Black voters to
elect their candidates of choice under the previous plan, the
Enacted Plan violates Article III, Section 20(a) of the Florida
Constitution.

Therefore, it is ORDERED AND ADJUDGED:

a. This Court GRANTS Plaintiffs’ motion for judgment on
the pleadings as to the affirmative defense and
reiterates its holding that the public official standing
doctrine applies to the Secretary’s affirmative defenses
under the U.S. Constitution.

b. The Enacted Plan is DECLARED an unconstitutional
violation of the Florida Constitution, Article III, Section
20.

c. Defendant Cord Byrd, in his official capacity of
Secretary of State, his agents, officers, employees,
successors, and all persons acting in concert with him
are ENJOINED from implementing, enforcing, or giving
any effect to the Enacted Plan or conducting any
elections for the U.S. House of Representatives using
the Enacted Plan.

d. The matter of congressional redistricting is RETURNED
to Defendants House of Representative and Senate to
enact a remedial map in compliance with Article III,
Section 20 of the Florida Constitution.

e. Jurisdiction is reserved to consider any pending or post-
judgment motions, and to enter such further orders as
may be necessary to effectuate this judgment or to
otherwise fashion an appropriate equitable remedy.

DONE AND ORDERED in Chambers at Tallahassee, Leon
County, Florida, this Saturday, September 2, 2023.

The judge thus making it clear the decision was grounded upon the Florida Constitution and not rooted to the recent Supreme Court opinion with a like remand of Alabama redistricting as racially unfair under other reasoning. The Florida outcome is consistent with the Alabama case, but grounded differently. The Florida Supreme Court could reverse the trial court decision on appeal.

Reporting by USAToday began:

A state judge on Saturday rejected congressional district boundaries affecting communities across North Florida, saying they unconstitutionally restrict Black voting power and that Florida’s Legislature must redraw them.

“By dismantling a congressional district that enabled Black voters to elect their candidates of choice under the previous plan, the enacted plan violates … the Florida Constitution,” Circuit Judge J. Lee Marsh in Tallahassee ruled.

In the 55-page ruling, he also noted that throughout history "Florida has been a state home to discrimination in voting."

Marsh barred state officials from holding elections that use the current boundaries developed to replace the former Congressional District 5, whose seat was held by former U.S. Rep. Al Lawson.

Weighing a lawsuit brought by groups including Black Voters Matter and the League of Women Voters of Florida, the judge said state lawmakers must develop a “remedial map” to comply with the state's constitution, and he retained control over the case to judge whether the new boundaries pass legal muster.

[...] 

But a redistricting plan championed by Gov. Ron DeSantis and ultimately endorsed by state lawmakers eliminated that district and drew boundaries that allowed Republicans to win 20 of the state's 28 districts, a four-seat increase in the GOP's representation.

Seeking to become the Republican nominee for president, DeSantis has stressed the importance of those gains to Republicans winning a majority in the U.S. House of Representatives.

In Northeast Florida, the boundary changes meant that Jacksonville neighborhoods once represented by Lawson became part of Congressional District 4, which also covers Clay and Nassau counties and is represented by U.S. Rep. Aaron Bean, R-Fla. Baker County, which had been part of District 5, became part of District 3, served by U.S. Rep. Kat Cammack, R-Fla.

Lawson told a USA TODAY Network reporter via text that Marsh's decision “is a victory for the people of North Florida, particularly those communities of color who have been historically disenfranchised.”

WaPo independently covered Judge Marsh's decision. 

Quoting extensively from a different Florida local source than USAToday used, DWT covered the news, ending with this quote:

At a hearing last month, Marsh questioned why Florida Attorney General Ashley Moody wasn’t defending the state’s constitution in the case.
He also expressed sharp skepticism that he could make such an expansive ruling. Marsh said that if he ruled for the state, “this court will be the first in the country to say that even the Voting Rights Act is unconstitutional.”
Marsh also criticized the secretary of state’s attempt to apply a more stringent, unrelated test used for vote-dilution claims under Section 2 of the Voting Rights Act. DeSantis’ lawyers tried to claim that the non-diminishment standard required the ability to draw a compact, Black-majority district.
“The Secretary’s arguments have no basis under either federal precedent or Florida Supreme Court precedent,” Marsh wrote.
If the Florida Supreme Court sides with DeSantis, it could have national implications.
It means the court, a majority of whom DeSantis appointed, would go further than the U.S. Supreme Court has in advancing a legal argument, pushed by many conservatives, that it’s inherently wrong to take race into account, even if it’s done to preserve the political voice of Black voters.
DeSantis’ veto of the initial map and the GOP-controlled Legislature’s decision to adopt his new one sparked an historic protest in the Florida House where Reps. Angie Nixon (D-Jacksonville) and Travaris McCurdy (D-Orlando) led a sit-in to disrupt the proceedings.
After that protest, DeSantis vetoed all of Nixon’s appropriations in the current budget, and legislative leadership put her office in the basement of the Florida Capitol.
Michael Li, senior counsel for the Brennan Center’s Democracy Program, said that the ruling wasn’t a surprise since the governor had already admitted his map violated the state constitution. Now everyone will wait to see what the Florida Supreme Court and potentially the U.S. Supreme Court does.
“That shouldn’t obscure the fact, though, that this is a huge win for Black voters,” he said. “The dismantling of FL-05 was one of the most brazen acts of discrimination against Black voters this decade. States like Alabama and Louisiana didn’t create new Black opportunity districts, but Florida is one of the few places, at the congressional level at least, where a state proactively dismantled one.”

Moreover, DWT opened with its decidedly unique Ron in a sprung mousetrap artwork image - an artwork worth attention by itself.