How to Avoid Discrimination — A strange day in court

How to Avoid Discrimination

A strange day in court

Bryan Zepp Jamieson

July 1st 2023

www.zeppscommentaries.online

The docket was distinctly odd. The next half-hour was given over to something listed as “an advisory trial,” a term that simply didn’t exist in Judge Meyersota’s experience. Only one attorney and a “client” were listed. He scanned the courtroom confusion softening his stern features. He glared at the bailiff. “Well?” his eyebrows inquired. The bailiff gave a slight shrug and glanced at the district attorney. Meyersota gave a light cough, getting an obedient attention from the DA. “I’m sure I don’t need to tell you that is it customary to have an accused in these types of proceedings. Despite having looked at the accustomed location in this court room for a defendant, such a person stubbornly refuses to manifest. Perhaps you have an explanation for this?”

The DA gave another shrug, one carrying an admixture of dread and resignation to Meyersota’s practiced eye. “Your honor, there is no defendant.”

Meyersota gave a benign smile and glanced down at the desk before him. He looked up at the DA, wearing an expression normally used to reassure frightened kittens. “No…defendant, Mister, erm, Kavano? Am I hearing you properly?”

“You are correct, your honor.” Kavano fumbled at the book he held before himself. Meyersota noted that it was a bible. “The, um, defendant is hypothetical.”

“Hypothetical.” Meyersota paused, considering his next words. “To quote: ‘involving or being based on a suggested idea or theory: being or involving a hypothesis. Conjectural. Speculative.’ Am I to understand that your non-evident defendant is conjectural? Or would the word be speculative?”

Kavano was sweating. Meyersota did not see this as an endearing quality. “Suppositional might be a better word.”

“I see. I see. And what is it that you are asking me to suppose about this defendant?”

“The defendant is a group of people that the plaintiff believes may make unreasonable demands upon her.”

“May make?” Meyersota glanced at his screen. “I see we do actually have a plaintiff listed, and apparently she has a name. Erm, Karen Scalito.” He turned his attention to the woman sitting next to Kavano. “Would that be yourself?”

Scalito stood and bowed her head. “It would, you honor.”

Meyersota knew that declaring a recess and suspending the proceedings would be his only real course of action at this point. No defendant? Could you even HAVE a plaintiff if there was no defendant?

But his curiosity was piqued at this point. What were Kavano and this Scalito woman playing at?

Meyersota gavelled. “I declare court to be in recess. Would Mr. Kavano and Ms. Scalito attend to me in chambers? He glanced around. “Is there a defense attorney here? Or is he as real as his client?”

Kavano winced. “I’m presenting arguments for the defense.”

“You’re…” Meyersota actually gasped. “Am I to understand you are prosecuting and defending attorney…erm, attorneys in this travesty?” Kavano nodded, clearly wishing to put his Bible between him and his view of Meyersota’s face. Meyersota was wearing a well-practiced expression designed to melt certain grades of titanium.

“Chambers. NOW!”

* * *

“All right. Siddown.” Meyersota normally offered a choice of sweets and non-alcoholic libations in chambers discussions, hoping to promote a sense of collegiality amongst warring factions. But this was unknown territory, and Meyersota was wondering if Kavano was pranking him in some way. Misdirected humor in court was sometimes a career-ender. No sweets for you, Mr. Kavano. Not until I know what the hell this is.

“Now, explain to me how this is even remotely a proper court proceeding with no defendant.”

“303 Creative v. Elenis, your honor. Just came out this week. The ruling says that an artist may not be compelled to write or portray actions or images that he or she finds objectionable.”

“303 Creative…wait a minute. It that the case where some woman sued over the right to not have to violate her religious principles and write a message on a wedding cake for a gay couple?” Meyersota paused to recollect. “It turned out that the party she named as opponent in the suit in fact wasn’t gay, was married for many years to a woman, still was, and had no intention of marrying anyone else? In fact, it turned out that he had never approached that woman and asked her to perform any service at all for him? She just picked his name out of a phone book or something?”

Kavano nodded. Meyersota looked aghast. “And the Supreme Court ACCEPTED that mess?”

“And ruled on it, your honor.” Kavano opened his bible and pulled out a sheath of papers. “It says here, ‘Ms. Smith and the State stipulated to a number of facts: Ms. Smith is “willing to work with all people regardless of classifications such as race, creed, sexual orientation, and gender” and “will gladly create custom graphics and websites” for clients of any sexual orientation; she will not produce content that “contradicts biblical truth” regardless of who orders it; Ms. Smith’s belief that marriage is a union between one man and one woman is a sincerely held conviction; Ms. Smith provides design services that are “expressive” and her “original, customized” creations “contribut[e] to the overall message” her business conveys “through the websites” it creates; the wedding websites she plans to create “will be expressive in nature,” will be “customized and tailored” through close collaboration with individual couples, and will “express Ms. Smith’s and 303 Creative’s message celebrating and promoting” her view of marriage; viewers of Ms. Smith’s websites “will know that the websites are her original artwork.

“Hmph. Well, it is stare decisis that the First Amendment forbids the government from compelling people to say something that they would rather not say. But that’s an action taken by the government. Was your suppositional defendant a government?”

“The situation we’re stipulating is that the plaintiff, Ms. Scalito caters party functions. She is moving to prevent having to cater events which she finds objectionable.”

“’Objectionable.’ You mean like stag parties, or…I don’t know, frat parties where there’s underage drinking going on?”

Scalito spoke up. “I mean heathen events. Bar Mitzvahs, Arab weddings, that sort of thing.”

Meyersota had tried some extremely distasteful people in his day, and was well-versed in maintaining an impartial mien. He had also learned to hear a person out, no matter how unpromising the start. But Scalito was already trying his patience.

“Mr. Kavano, you might advise your client that the law forbids discriminatory practices against those in protected classes. This includes religious beliefs.” Meyersota glanced at the Bible Kavano was still holding. “ALL religious beliefs. I’m a practicing Christian myself, but generally do not permit holy texts and artifacts in my courtroom other than in an evidentiary role. Is that Bible you’re waving around evidence of some sort?”

Kavano glanced at the bible as if it had come to life and was wriggling in his hands. He stuffed it into his briefcase, giving Scalito a dark glance. She made him carry it, Meyersota realized. This was getting weirder by the moment.

Scalito gave Kavano a disgusted look and spoke up. “I have nothing against Arabs, your honor, and some of my best friends are Jews. But I am an artiste, and I feel that if I am forced to engage in thematic imagery or wording as part of my catering services, people might think that I personally am Jewish or Muslim, and as a devout Christian, I wish to be spared that.”

Meyersota gave Scalito a level stare. “That seems a bit far-fetched, Ms. Scalito. Take me, for example. I wrote lesson plans and essays as part of my role as an adjunct professor at the local college. I wrote a piece that laid out the groundwork for the findings for legal action against the police whose African American prisoner died in custody last summer. I argued that the prisoner in question was entitled to the full rights of any white prisoner and might still be alive had he been treated the same as a white prisoner.

“Does that mean people will think I am African American? And for that matter, should I care if some people get that impression? There is no shame intrinsically in being African American, just as there is nothing shameful about being Jewish or Islamic.”

“But I have a right as a Christian to not be lumped in with those other religions. They are false!”

Kavano spoke up. “Your honor, my client isn’t asking for the right to discriminate. She is asking, under the provisions set out in Creative 303, to be permitted to avoid serving customers so that she can avoid having to be discriminatory.”

Avoid being discriminatory.  Yeesh.  Meyersota had heard enough. “I don’t see grounds for a trial, or any sort of legal proceeding here. You don’t have a plaintiff because nobody has been wronged. You don’t have a defendant. The argument that a client may discriminate in order to avoid having to discriminate is absurd on its face. Come back when you have something that fits in the framework of law, or even common sense, and we can proceed.

“Now get out of my courtroom.”

Zealotry Aborted — Kansas shows America not ready for religious fascism

Zealotry Aborted

Kansas shows America not ready for religious fascism

Bryan Zepp Jamieson

August 5th 2022

The only thing about the Kansas vote to reaffirm the state Supreme Court upholding the right to abortion that surprised me was the amount it won by: 59-41. I figured it would pass, but I wasn’t expecting the blowout margin.

Poll after poll has shown that the usurpation of the Constitution by the zealots on the federal Supreme Court is wildly unpopular, and free states are hustling to encode abortion rights if needed, and vowing to provide such rights to enslaved women in the zealot states. That’s why Kansas wasn’t a surprise so far as the result went. Abortion, and separation of church and state, cross partisan lines. It’s one thing to say that Kansas is one of the reddest states in the union; but not all Republicans march in lockstep with the preachers and demagogues that dominate that beleaguered party. And independents in particular will break ranks when it comes to maintaining rights and freedoms.

Kansas all but invented the term “prairie populism.” Often deeply religious, and conservative, but also strong-willed and independent. They may like and respect their Sunday preacher just fine, but they aren’t about to let him dictate how they should vote, or what rights the church can take away that the Constitution promises.

Kansas is one of the most heavily propagandized states in America, with all radio and much television devoted to reactionary Protestant broadcasting, or the endless lies and undermining of freedom that stems from hate radio. I figured that there were maybe 5% of the voters there brainwashed enough to cut off their own noses to “own the libs.” Well, it’s happened before. Look at the obviously incompetent, unfit, and inept trolls in Congress who got there despite having nothing—nothing at all—to offer other than snark and clownish defiance.

I’m happy to see that I was wrong, by about 7% of Kansas’ population. I figured abortion rights would win, but I was expecting a 52-48 margin. That it went the way it did is cause for considerable optimism.

One phenomenon that may have underlay the result was the open, gleeful, and acquisitive viciousness and cruelty that the zealots and the fascists of the GOP displayed. A few days after the Supreme Court (Alito, Thomas, Gorsuch, Kavanaugh and Comey Barrett) decided to kick the rights of hundreds of millions of people under the nearest Bible, a nightmare scenario emerged, of a ten year old rape victim who had to travel to a neighboring state for an abortion. Any reasonable or rational people would look at that situation and consider making the new law less strident, more humane. There is no situation in which any government, no matter how god-burdened, should force a ten-year-old to give birth to her rapist’s baby.

The Washington Times is one of the shabbier exercises in propaganda journalism given birth by a different set of Zealots, the Moonies, although they dumped the rag a few years back, but it’s still a rag. That exercise in dysfunctional journalism cast doubt on the story, writing, “If there was a 10-year-old girl out there who had been impregnated, certainly there’d be a criminal investigation into her rape.

“But Ohio Attorney General Dave Yost said this week that there was “not a whisper” of evidence to back up the story. ‘The bottom line is it is a crime if you’re a mandated reporter to fail to report. It’s also the fact that in Ohio the rape of a 10-year-old means life in prison,’Mr. Yost said on Fox News.” Yost either had no idea what he was talking about and didn’t bother to fact check first, or he was flat-out lying. The rape and rapist had been reported, and he is awaiting trial. But that didn’t stop zealots from sending death threats meant for the girl for the crime of getting raped and being a political embarrassment to them.

And then there’s the lies. Several “justices” on the Supreme Court lied, blatantly and with malice, declaring before the Senate and while under oath that Roe Vs. Wade was “established law” and they would respect stare decisis, which is the legal notion that precedent should determine legal decision making in a case involving similar facts. They lied, and got appointed under fraudulent circumstances.

All the anti-abortion crowd who said they just wanted to limit abortion, and didn’t want to interfere with contraception or a woman’s right to private medical counsel immediately started passing pre-written laws contradicting those stances. Some states are even trying to make it illegal to go to another state for an abortion, or even protest against the law.

Religious zealots believe that they have to be cruel in god’s name either because a) god is cruel, or b) god is kind, but wants to test his followers by making them be cruel. Zealots also believe that it’s ok to lie to “unbelievers” (everyone else) in the name of god. The zealots and corrupt toadies on the Supreme Court have unleashed this miasma of humanity loose on the land, and hideous stories of repression, cruelty, and oppression are emerging every where.

It’s how theocracies—all theocracies—work. The starry-eyed idiots who declare that life would be perfect if we put [god, allah, jesus] in charge miss an important fact: god isn’t running the show. It never has. It doesn’t exist. What a theocracy is is a group of politicians who find god to be the perfect figleaf for their own corruption and viciousness. God is the trump card that ends debate. You end up with The Church running the country, and it’s accountable only to an imaginary doormat that says whatever it is The Church wants it to say and says so on its behalf. It’s the ultimate scam, the Saudi Arabia, the 14th century Europe, and Cromwell’s England. The lowest misery of history, repeated over and over.

Kansas voters may or may not have figured that out. But a significant number of them realize that these people, these zealots, are not to be trusted, and allowed to run loose, will destroy America and everyone in her.

The naked face of religious and fascist zealotry has been exposed. People who wanted to believe are turning away.

Wading In — Compromised Court weighs Roe Vs. Wade

Wading In

Compromised Court weighs Roe Vs. Wade

Bryan Zepp Jamieson

December 1st, 2021

Listening to the arguments this morning at the Supreme Court in the matter of Dobbs v Jackson Women’s Health Organization, a case on whether the state of Mississippi can ban abortion at 15 weeks gestation:

Right wingers are frantically seeking justification for striking down Roe Vs. Wade, the seminal and oft-upheld abortion ruling that gives women access to abortion.

Roberts wants to know if anyone is hurt by pushing viability back from 24 weeks to 15 weeks. An embryo isn’t even remotely viable at 15 weeks, making Roberts’ proposed definition an utter joke. Kavanaugh wants to punt, saying in effect, the Supreme Court has nothing to do with rights and the states should decide that sort of garbage. (Yeah, this clown is on the Supreme Court.)

Amy Coney Barrett wanted to know if invalidating a woman’s right to an abortion would invalidate other “rights” like birth control. That’s a bit like asking if a law forbidding Moslems from voting would affect the rights of Jews or Catholics to vote.

And then there’s Slappy.

Thomas asked Rikelman, attorney for Jackson, to identify the constitutional right that protects abortion. “Is it privacy? Autonomy? What would it be?”
“It’s liberty,”Rikelman replied. “It’s the textual protection in the 14th Amendment that the state can’t deny someone liberty without the due process of law.” Ouch. Slappy the lawn ornament got slapped.

Attorneys for Dobbs are trying to handwave the concept of “undue burden” away, saying it’s impossible to define and difficult to enforce. Never mind that the concept enters into nearly all court decisions regarding access to and exercise of personal rights. Remove that concept, and there’s no reason why a county can’t charge people $100,000 to file a property damage suit. See how simple it is?

It seems likely that the Court will strike down Roe Vs. Wade. They’ll bend over backward trying to pretend it isn’t a religious issue (it is) and not even remotely secular.

Sonia Sotomayor asked of the attorney for Dobbs, “How is your interest anything but a religious view? It’s debated in religions, so when you say this is the only right that takes away from the start the ability to protect the life, that’s a religious view isn’t it? Where does the life of a woman and putting her life at risk enter the calculus?”

The court will have to trash dozens of decisions and overrule the wishes of the American people (Attorney for Dobbs is arguing that abortion is “injurious to democracy”!) in order to make this potential ruling stand.

Sonia Sotomayor said, “Fifteen justices over 30 years have reaffirmed that basic viability line,” she said, alluding to how Roe v Wade has been upheld since the 1992 Planned Parenthood v Casey decision.

Four have said no, two of them members of this court. But fifteen justices have said yes, of varying political background.

“Now, the sponsors of this bill, this house bill in Mississippi, are saying, ‘We’re doing this because we have new justices on the supreme court’. Will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts?”

Sotomayor continued with the question: “If people believe it’s all political, how will we survive? How will the court survive?”

Answer: it won’t. People will know the court has been hopelessly corrupted by a fascist president and his theocratic supporters. An institution designed to uphold the Constitution will now willfully disregard the same document because they are Dominionists and put their vicious and cruel religious opinions ahead of the rights the Constitution is meant to protect.

You may be in a place like California or New York and think to yourself, “Well, the state government isn’t going to strike down abortion,” and you might be right. But the god-struck minions of the anti-choice movement aren’t going to stand for abortion being allowed anywhere in what they see as their country that they run on behalf of Jesus. Kavanaugh maybe be nattering about states’ rights now, but he’s as intellectually and ethically vacuous as any Republican representative. He won’t hesitate to argue that the federal law overrules all state laws as soon as there’s a federal law to uphold. And 34% of the most conservative of all states control the Senate, 42% the vote would make the House Republican.

In the meantime, I expect a vast underground railroad to form, similar to the one that helped emancipate hundreds of thousands of slaves from the cruel authoritarianism of slave owners, and for much the same reason. It will uphold the human right of women to have control over their bodies and not be forced into having a child they do not wish to have. You think the Blob Squad won’t see that as an intolerable state of affairs?

I will do anything I can to support such an underground railroad, and urge everyone to put human rights ahead of cruel and unjust laws. Fuck the Dominionists, and fuck their vicious and authoritarian moral posturing. They have no right.

And the Court, more and more, will find itself shouting from within the vacuum it is about to put itself in.

Unreality Show I’ll Take Door Number i for $100, Alex

October 12th 2018

Who would have thought, three years ago, that we would have a black entertainer meeting with the President in the Oval Office and arguing for the repeal of the 13th amendment?
Trump has achieved the trifecta of crazy: Sarah Palin, Ted Nugent, and now Kanye West. A pity Charlie Manson is dead: he could have visited and argued for lowering the age of consent to six.

This spectacle would have been grotesque and awkward under the best of circumstances, but it occurred almost to the minute that a major hurricane was devastating the Florida panhandle coast, completely leveling one town and inflicting major damage from Florida to North Carolina. Even as the Trump administration was arguing that 4C increase was inevitable, so we all might as well get used to it.

At least this time touring Melania Trump didn’t show up wearing a coat that proclaimed her lack of concern; she was off in Africa, wearing a British RA-style pith helmet, recreating “Call Me Bwimbo”. Oh, wait, that’s Bwana. Second look. No, it’s Bwimbo. The woman has a gift for wearing “Fuck You” as a fashion accessory. After getting some light criticism over that, she flounced off, calling herself the most bullied person in America. Easy solution, babe: file for divorce.

Was it really just 23 months ago that people were saying in hopeful tones that Republicans in Congress could keep Trump in line and blunting his more egregious impulses?

Nah. They saw Trump apparently getting away with the most blatant lies and viciousness, and decided they knew a winning approach when they saw it. Now they’re all lying their heads off. As the election nears, it’s a race to the bottom.

You see campaign ads all over the place swearing up and down that Republicans want to protect Medicare, and that Democrats are goddless commie Muslims who want to allow billions of Mexicans to come in and take over the country. They boast about how Trump saved the economy by maintaining employment and growth trends previously seen over the past six years under Obama, and carefully don’t mention the trillions in new debt for the latest tax giveaways to the rich (including the additional $3 trillion last week that the same Republicans who voted for it last week aren’t mentioning now), or the fact that despite the fact that they are fracking and drilling the living shit out of America and working to turn national parks into oil reserves, the price of gasoline is a dollar fifty above what it was last year.

It got so bad that NY Times columnist Paul Krugman wrote a piece yesterday effectively calling the entire party liars. Such a column would never have seen the light of day a few years ago, but that was before the GOP went mad and abandoned all principle. At least the NY Times belatedly remembered they were a newspaper and what that meant.

Trump had an ‘op-ed’ in the disreputable USA Today that has to be read to be believed. The Washington Post stated that nearly every single sentence included a misstatement or flat-out lie.

In Georgia, the Republican Secretary of State, Brian Kemp, is running for Governor, but as SS he retains the power to purge voter rolls. Which he is doing with a vengeance, some 26,000 names over the past few weeks, over such criteria as whether a middle initial is included on the written name but not in the signature. While African-Americans make up 32% of Georgia’s population (and a somewhat lower proportion of the voting population for obvious reasons) they make up 70% of the voters being purged. Oh, and the SS office isn’t bothering to tell the voters they have been purged. Let it be a surprise on election day. Similar, if less egregious stories abound in other states saddled with Republican rule.

Of course, Trump hates a free press, but isn’t above using the more whorish and lower segments of that press to attack the rest. The National Enquirer has been prostituting itself for him for years now, and Fox News is nothing more than the propaganda arm for the GOP. It’s a shameful thing to see in America, which once was proud of its free and independent press. Now the government has fascist whores pretending to be reporters to spread lies and stifle dissent.

It’s no surprise that news that Saudi Arabia lured a journalist, Jamal Khashoggi, into the Saudi embassy in Istanbul and proceeded to torture, murder and dismember him. It’s widely believed that it was ordered by the vile despot Crown Prince Mohammed bin Salman, who seized power last year with the somewhat clandestine help from the Trump administration (Chief Wastrel Jared Kushner was on hand to oversee the coup and possibly offer friendly advice and hidden funding).

Trump’s reaction to this was muted, partly because he doesn’t mind seeing journalists being killed for doing their job and partly because his business interests are heavily intertwined with bin Salman’s. Even as most of the corporate world pull away from the swinish and vicious Sauds, Trump is going ahead with another arms deal so Saudi Arabia can massacre a few thousand more Yemanis.

Iran is a vile theocracy, but it’s only the third worst in the region, behind Israel and Saudi Arabia. Guess which of the three the US condemns solely?

Kavanaugh, perjurer, liar and partisan ratfucker, has already established a new precedent, becoming the first sitting justice in Supreme Court history to be under active investigation for violation of judicial practices and ethics, based on his sworn Senate testimony. He managed this odiferous distinction on just the second day on the court. It will get worse.

Trump is submitting written answers to Meuller’s investigative team, about his only remaining constitutional recourse. His lawyers knew he can’t go a minute without lying, so spoken testimony under oath would be a legal death trap, and this at least gives the lawyers time to write and finesse the answers, in the hope they can make Trump at least technically not liable for perjury. We’ll know soon enough if these lawyers, not the most brilliant legal team over assembled, can come up with anything that won’t result in immediate indictments.

OK, admit it: after all that, Kanye West sounds pretty sane, doesn’t he?

At least harmless, right? Right?

The Kavanaugh Kave – Black robes don’t make a fascist a Justice

Like millions of other people, I watched the hearings today with a mixture of anger, pity, disbelief and with a strong sense that I was watching an unfunny outtake from Idiocracy.

The Republicans, hirelings to plutocrats and deeply flawed parodies of Americans, strutted and stormed and proclaimed their deep moral dungeon over the terrible mistreatment this sweet, innocent man had received at the claws of vengeful leftists.

Twenty-five years ago, that might have flown. Republicans had moral, ethical and intellectual credibility at one time. But then came Newt, and Slappy, and the Blue Dress, and Cheney and Iraq and the treatment of Obama and…well, these days Republican protestations of morality ring as hollow as a tired old hooker’s cries of passion. Republicans, moral high ground? Oh, bubbles, that ship has sailed, and once over the horizon, it sank without a trace.

Brett Kavanaugh acted like a drunk in a bar who has been called out on his bullshit and realizes that all he’s got left is bluster. So Kavanaugh shouted, veins in his forehead pulsed as his cheeks flamed, and he vacillated wildly between bellicose attacks and cries of victimhood. At one point, trying to refute the simple and obvious answer that the FBI should put in a week investigating the claims brought against him and report to the Committee, howled that he had already been through eleven days—an eternity in spoiled prep boy who isn’t getting what he wants time—and he had been destroyed and his family had been destroyed and now they wanted to add to it by having the temerity to ask if the accusers might have a case! Republicans with tattered wisps of remaining humanity stared at the floor and bit their lips and wondered how it all came to this.

The subtext of Kavanaugh’s tirade was evident enough: “Just shut up and appoint me, you assholes! Don’t you know I’m Somebody? I’m Important! I’m Entitled! So stop dicking around pretending you’re anything other than pathetic little lickspittles of the Kochs and put me on the court so we can be done with this ‘democracy’ bullshit!”

Entitled. He could have any job he wanted. Any favor he wanted. Any preference.

Any woman.

There are reports that Trump, watching this unfold from the West Wing, was in a towering rage. He supposedly was furious that the female prosecutor brought in to figleaf GOP misogyny, Rachel Mitchell of Arizona, wasn’t treating Dr. Ford with the same sneering contempt that he would have. In a move that may or may not be related, Trump abruptly postponed the meeting with Rob Rosenstein, meaning we don’t get to find out if he is fired or not for another week. Oh, gosh, we won’t learn his fate until next week’s episode of “Dancing with the Tsars.”

I felt sorry for Rachel Mitchell. She was under orders to treat Dr. Christine Blasey Ford with compassion and respect. That made prosecution exceedingly difficult, a bit like asking a mass murderer to take on the hero of the story without his guns, knives and garrottes. Even worse, she was given no opportunity to investigate the case at all, meaning she had to ask questions she didn’t know the answers to, and had no way to catch Ford out in any contradictions.

How did that go? Foxnews, not exactly a dispassionate and unbiased observer, was reduced to this breathless headline to describe how Mitchell was dismantling Ford: “Ford dramatically recounts assault claims against Kavanaugh; can’t say who paid for August polygraph”

She tried to make an issue of who was paying Ford, and asked who was paying for her lawyers. One of them spoke up: “We’re working pro bono.” And they paid for the lie detector. Oops.

Kavanaugh, humping the vast left wing conspiracy angle, demanded to know why the eleven angry democrats “who were seeking revenge for the Clintons.” Well, maybe if the Democrats on the committee hadn’t trouped in wearing Bill Clinton masks and chanting “It depends on what the meaning of ‘is’ is”…At least, to hear Kavanaugh’s take on it.

Kavanaugh is purely a creature of Trump, having essentially promised him that when the indictments began to fly he would shield the president from any and all charges and subpoenas by ruling the president was above the law. And Trump had been openly unimpressed with the calm, deliberative manner Kavanaugh feigned in the first round of meetings. Trump, of course, has no way of understanding that’s how a candidate for the Supreme Court is supposed to behave during the appointment hearings. So Kavanaugh, playing to the mad president rather than the country, tried channeling Trump’s bellicosity, dishonesty and bluster.

It was the worst move he could have possibly made, and it may have destroyed whatever slim chance he had of getting appointed.

Frankly, I’m surprised he hasn’t already withdrawn. I didn’t expect today to go well for him, and he managed to turn it into an utter catastrophe.

Fascism Rising – Trump and Kavanaugh aren’t bugs; they’re features

September 23rd, 2018

One of the many sub-plots in Cary Joji Fukunaga’s brilliant Maniac involves the character Jed Milgrim (played by Billy Magnussen) a “colorful douche” who is a scion of a vicious, powerful, wealthy family, and who stands accused of a heinous sexual assault involving urination. It’s nearly impossible not to think of the Trump family while watching this, not only because of the nature of the crime, or the resemblance Magnussen bears to one of the Trump scions, but because of the calm assurance of the family that in order to protect their power, prestige and wealth, it is perfectly reasonable to commit perjury, blackmail and bribe people (including family members), and stand well above the law in pursuit of their own interests. They are used to dismissing people who they have wronged and who want to fight back as greedy little scuttlers, and resent a legal system that doesn’t just let them destroy such rabble.

The haughty, self-assured mien Magnussen wears is one we have seen far too often, not just in this White House (including many of its nominees from the world of wealth and privilege) but in the faces of the broadcasters on the right-wing media, and the people who trot out endless columns of right wing think tanks to assure us that “identity politics” and “takers” are only showing resentment of their betters, and Americans should not believe people who profess to stand for the people when America’s ultra-wealthy stand ready to defend the people from the people.

Congruent with this, I’m presently reading a book by Nancy MacLean, Democracy in Chains – The Deep History of the Radical Right’s Stealth Plan for America. I’ll have a full review of the book upon completion of reading it,

America has always had a class of aggrieved plutocrats who believe their property rights trump the civil rights of all other Americans. This dates back to John C. Calhoun and his vigorous defense of America’s biggest economic phenomenon prior to the civil war: slavery. MacLean notes that slavery made North Carolina the richest and most powerful state in the union prior to 1860, and created more one percenters in Mississippi than in New York.

The power of this elite was held in check by the Civil War and various economic crashes, culminating in the Crash of ‘29 and the Depression, resulting in the New Deal.

MacLean explains how a libertarian economist of the 1950s, James McGill Buchanan, created a reality in which vast sums of money could be spent organizing the plutocrat class and using propaganda and control of the media to convince Americans that they were incapable of self-governance and should let the natural leaders of society (the “businessmen”) run things.

It was fascism, pure and simple, although that is a word they never, ever acknowledge and attack all who use it. Governance through corporation.

The biggest problem with fascism is the same that one sees with other unaccountable forms of governments, such as theocracies and monarchies: corruption sets in quickly, and the rot spreads until it finally kills its host.

But as long as there is power and money to be accumulated, corruption isn’t seen as a bug—it’s seen as a feature.

The fascists have taken over the GOP, with the nightmarish and Kafkaesque results that we see in the paper every day, of people grimly determined to fight unions, civil libertarian groups, workers in general, women, and any group that can organize, collectivize and perhaps challenge their power.

MacLean writes, “Is what we are dealing with merely a social movement of the right whose radical ideas must eventually face public scrutiny and rise or fall on their merits? Or is this the story of something quite different, something never before seen in American history? Could it be—and I use these words quite hesitantly and carefully—a fifth-column assault on American democratic governance?…Pushed by relatively small numbers of radical-right billionaires and millionaires who have become profoundly hostile to America’s modern system of government, an apparatus decades in the making, funded by those same billionaires and millionaires, has been working to undermine the normal governance of our democracy. Indeed, one such manifesto calls for a “hostile takeover” of Washington, D.C.”

As you watch this week as the Republicans cling like grim death to the Kavanaugh nomination, hoping to push this vile corporatist down our throats to consolidate their power they way they have with Thomas, and Gorsuch, and you wonder how they can possibly continue to support Trump, reflect on the fact that they are no longer just an American political party: they are a fifth column, enemies to the Constitution and determined to finish a slow coup they have been conducting against America for 40 years.

They know Trump is a bad president. Even without the corruption, the sheer scale of his incompetence and inability to lead would, in a normal party, be enough to impeach him. They see the weirdness and chaos as inconveniences; the fact that Trump is utterly corrupt is what makes him so valuable to them. They know he’s a thief, a crook, a swindler, and possibly a traitor. But so are they, even if they dress it up in self-serving rhetoric, and as for being traitors, they are much closer in spirit to the most corrupt plutocrat of all, Vladimir Putin, then they are to anything readers might recognize as American values. Treason is betrayal against those you owe fealty. By their lights, betraying America is not treason.

Perhaps the saddest element of this is the people they have roped in to support them. The racists. The Evangelicals. The Xenophobes. The growling, disaffected population that feel they deserve a place at the table and the fascists are more than happy to promise them that place.

They’ve always been useful idiots for demagogues. Nothing new there. What is new is what will follow.

Should the fascists win, they will discard these people like used condoms. Not only are their beliefs and impulses bad for business, but they can reorganize and pose a threat to their masters. And they cannot be trusted: they’ve already betrayed America. It would only be a matter of time before they revolt against Trump’s New Order.

And the worst of all is that they would become our allies in a common cause.

If you can vote in November, vote like your life depends on it. It does.

We can avoid having to fight a Fascist Fifth Column again.

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