The Daily Parker

Politics, Weather, Photography, and 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.

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.

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.

Partisan court takes another swipe at the Voting Rights Act

The two most recent US Supreme Court appointees may have agreed with the moderate justices on a couple of issues this term, but as the last opinions come out this morning, they have reminded us that the Republican Party's anti-democratic policies remain their top priorities.

Despite no evidence of retail election fraud, in 2016 Arizona's Republican majority enacted a law making it a crime to collect ballots from voters. Many voters in Arizona and elsewhere have difficulty making it to the polls, and in some cases, to the nearest mailbox. Ballot collection drives helped ensure they could still cast votes. Given who benefitted most from these drives, no one had any illusions about why Arizona Republicans passed this bill.

The Court today ruled, in a 6-3 decision right along party lines, that this does not violate section 2 of the Voting Rights Act. Justice Alito delivered the opinion, which repeats the Republican Party's canards about voting fraud as if channeling the voice of Mitch McConnell:

Finally, the strength of the state interests served by a challenged voting rule is also an important factor that must be taken into account. As noted, every voting rule imposes a burden of some sort, and therefore, in determining “based on the totality of circumstances” whether a rule goes too far, it is important to consider the reason for the rule. Rules that are supported by strong state interests are less likely to violate §2.

One strong and entirely legitimate state interest is the prevention of fraud. Fraud can affect the outcome of a close election, and fraudulent votes dilute the right of citizens to cast ballots that carry appropriate weight. Fraud can also undermine public confidence in the fairness of elections and the perceived legitimacy of the announced outcome.

(Brnovich v DNC, opinion at 19; citations removed.)

He then retreats deep into his epistemological bubble to declare that, even though Arizona has no documented instances of such fraud, and even though it will make it harder for Black, Hispanic, and poor people to cast ballots, the law doesn't really discriminate. Because, of course, the Arizona Secretary of State's office are all, all honourable men:

The State makes accurate precinct information available to all voters. When precincts or polling places are altered between elections, each registered voter is sent a notice showing the voter’s new polling place. Arizona law also mandates that election officials send a sample ballot to each household that includes a registered voter who has not opted to be placed on the permanent early voter list, and this mailing also identifies the voter’s proper polling location. In addition, the Arizona secretary of state’s office sends voters pamphlets that include information (in both English and Spanish) about how to identify their assigned precinct.

The Court of Appeals noted that Arizona leads other States in the rate of votes rejected on the ground that they were cast in the wrong precinct, and the court attributed this to frequent changes in polling locations, confusing placement of polling places, and high levels of residential mobility. But even if it is marginally harder for Arizona voters to find their assigned polling places, the State offers other easy ways to vote. Any voter can request an early ballot without excuse. Any voter can ask to be placed on the permanent early voter list so that an early ballot will be mailed automatically. Voters may drop off their early ballots at any polling place, even one to which they are not assigned. And for nearly a month before election day, any voter can vote in person at an early voting location in his or her county.

(Id. at 26-27, citations removed.)

So, once again, the Republican justices take the position that because the Voting Rights Act has done its job over the years, we don't need the Voting Rights Act anymore. (Kind of like how we taught the Germans a lesson in 1918 and they hardly bothered us after that.)

In her dissent, Justice Kagan expresses no patience for any of this crap:

If a single statute represents the best of America, it is the Voting Rights Act. It marries two great ideals: democracy and racial equality. And it dedicates our country to carrying them out. Section 2, the provision at issue here, guarantees that members of every racial group will have equal voting opportunities. Citizens of every race will have the same shot to participate in the political process and to elect representatives of their choice. They will all own our democracy together—no one more and no one less than any other.

If a single statute reminds us of the worst of America, it is the Voting Rights Act. Because it was—and remains—so necessary. Because a century after the Civil War was fought, at the time of the Act’s passage, the promise of political equality remained a distant dream for African American citizens. Because States and localities continually “contriv[ed] new rules,” mostly neutral on their face but discriminatory in operation, to keep minority voters from the polls. Because “Congress had reason to suppose” that States would “try similar maneuvers in the future”— “pour[ing] old poison into new bottles” to suppress minority votes. Because Congress has been proved right.

Today, the Court undermines Section 2 and the right it provides. The majority fears that the statute Congress wrote is too “radical”—that it will invalidate too many state voting laws. So the majority writes its own set of rules, limiting Section 2 from multiple directions. Wherever it can, the majority gives a cramped reading to broad language. And then it uses that reading to uphold two election laws from Arizona that discriminate against minority voters. I could say—and will in the following pages—that this is not how the Court is supposed to interpret and apply statutes. But that ordinary critique woefully undersells the problem. What is tragic here is that the Court has (yet again) rewritten—in order to weaken—a statute that stands as a monument to America’s greatness, and protects against its basest impulses. What is tragic is that the Court has damaged a statute designed to bring about “the end of discrimination in voting.”

(Kagan Dissent at 1, 3; citations removed).

When a few commentators tut-tutted that the Court "is less one-sided than liberals feared," they missed the point. Justices Barrett and Kavanaugh seem less unhinged than they did at their confirmation hearings, but they never lost their party loyalty. Sure, they upheld Obamacare (for the 17th time); sure, they ruled that children don't lose First Amendment protections just because they say something their school doesn't like. And just as sure, they will vote every single time to limit the franchise, because voting rights have become an existential threat to the Republican Party.

The Republicans' 40-year program of selecting and promoting young, partisan judges continues to pay off. Until we Democrats start using the political power we actually have, the Republicans will continue to drive the United States toward minority corporatist rule that will take decades to undo.

Gotta love the centrists

The Washington Post has three opinion pieces this morning that outline where the "centrists" in my party actually stand. The first, by US Senator Kyrsten Sinema (D-AZ), argues in favor of letting 40 Senators, representing about 30% of the country, block legislation that the other 70% of the country want merely by threatening to block the legislation:

Once in a majority, it is tempting to believe you will stay in the majority. But a Democratic Senate minority used the 60-vote threshold just last year to filibuster a police reform proposal and a covid-relief bill that many Democrats viewed as inadequate. Those filibusters were mounted not as attempts to block progress, but to force continued negotiations toward better solutions.

And, sometimes, the filibuster, as it’s been used in previous Congresses, is needed to protect against attacks on women’s health, clean air and water, or aid to children and families in need.

My support for retaining the 60-vote threshold is not based on the importance of any particular policy. It is based on what is best for our democracy. The filibuster compels moderation and helps protect the country from wild swings between opposing policy poles.

To those who want to eliminate the legislative filibuster to pass the For the People Act (voting-rights legislation I support and have co-sponsored), I would ask: Would it be good for our country if we did, only to see that legislation rescinded a few years from now and replaced by a nationwide voter-ID law or restrictions on voting by mail in federal elections, over the objections of the minority?

Well, yes, actually, writes Greg Sargent: "That truly is frightful. Imagine a world in which legislative majorities could pass voting restrictions over the objections of minorities!"

As one of the last Democratic holdouts against filibuster reform, Sen. Kyrsten Sinema (D-Ariz.) is making big news with an op-ed in The Post laying out her rationale. Some of its central pronouncements have already been debunked: Despite her claims otherwise, the filibuster does not facilitate moderation or bipartisan cooperation.

But there’s an even more fundamental flaw in Sinema’s argument: Defending democracy and the filibuster simultaneously, in the terms that Sinema herself employs, is simply incoherent to its core.

Sinema’s own treatment of these questions inadvertently serves to reveal that a choice must inevitably be made between the two — and that Sinema is choosing the filibuster over defending democracy.

Josh Marshall simply calls her "a preening clown," while New Republic's Matt Ford asks "how dumb does Kyrsten Sinema think we are?" But WaPo columnist Catherine Rampell argues that Manchin actually got Senate Republicans to admit to their lie that they only care about protecting the integrity of elections:

In a memo, Manchin proposed building upon parts of the For the People Act and a narrower bill, known as the John Lewis Voting Rights Advancement Act, with a few amendments. His proposal would make Election Day a public holiday, require two weeks of early voting, automatically register voters through motor vehicle departments and eliminate partisan gerrymandering. It’s not everything Democrats want — and has some oversights — but it addresses most of the party’s goals for promoting free and fair elections.

Perhaps more important, from a political standpoint: Manchin’s compromise completely undercuts Republicans’ case for blocking reform.

It does this by including new requirements to safeguard election security, which is — or was — the top priority of Republicans concerned by “questions” the 2020 election supposedly raised.

Republicans, on the other hand, rejected the framework. Immediately, forcefully, unambiguously.

“It needs to be blocked,” remarked Sen. Steve Daines (R-Mont.), who a week earlier praised Manchin as “saving our country” by encouraging bipartisanship.

Let's not forget, simple demographics and the Constitution already give the Republican Party a disproportionate influence on legislation. And also remember, the Republican Party doesn't want to govern; they want to rule.

Wednesday evening roundup

Happy Wednesday! Here's what I'm reading before my 8pm meeting, now that my 6:30pm meeting just ended:

And finally, the New Yorker's Tom Papa introduces you to "asshole cat behaviors."

Beyond farcical in Arizona

A supporter of the XPOTUS has organized, with the help of the Arizona State Senate, a private hand-recount of Maricopa County's ballots. Apparently they're looking for bamboo fibers? Yeah, it's just as crazy as it sounds:

On the floor of Veterans Memorial Coliseum, where Sir Charles Barkley once dunked basketballs and Hulk Hogan wrestled King Kong Bundy, 46 tables are arrayed in neat rows, each with a Lazy Susan in the middle.

Seated at the tables are several dozen people, mostly Republicans, who spend hours watching ballots spin by, photographing them or inspecting them closely. They are counting them and checking to see if there is any sign they were flown in surreptitiously from South Korea. A few weeks ago they were holding them up to ultraviolet lights, looking for a watermark rumored to be a sign of fraud.

The 2.1 million ballots were already counted by Maricopa County election officials in November, validated in a partial hand recount and certified by Gov. Doug Ducey. Two extra audits confirmed no issues. No evidence of fraud sufficient to invalidate Joe Biden’s narrow victory in Arizona and Maricopa County has been found.

Still, counters are being paid $15 an hour to scrutinize each ballot, examining folds and taking close-up photos looking for machine-marked ballots and bamboo fibers in the paper. The reason appears to be to test a conspiracy theory that a plane from South Korea delivered counterfeit ballots to the Phoenix airport shortly after the election.

When the recount started, the ballots were viewed under ultraviolet light to check for watermarks. A theory popular with QAnon followers has it that Trump secretly watermarked mail ballots to catch cheating.

Meanwhile, our named adversary, Russia, continues to disrupt our economy with impunity because people don't know how to do security.

The overlap between stupid and criminal

Boy, did we get a clown car full of them today. Let's start with Joel Greenberg, the dingus whose bad behavior got US Representative Matt Gaetz (R-FL) caught up in a sex-trafficking investigation:

Records and interviews detailed a litany of accusations: Mr. Greenberg strutted into work with a pistol on his hip in a state that does not allow guns to be openly carried. He spent hundreds of thousands of taxpayer dollars to create no-show jobs for a relative and some of his groomsmen. He tried to talk his way out of a traffic ticket, asking a police officer for “professional courtesy.” He played police officer himself, putting a flashing light on his car to pull over a woman and accuse her of speeding. He published an anti-Muslim Facebook post. He solicited help to hack critics on the county commission.

Stalking a rival candidate got him arrested. Federal agents looking into the matter found at least five fake IDs in his wallet and backpack, and kept digging.

Their inquiry culminated in 33 federal charges against Mr. Greenberg, 36, including sex trafficking of a minor, bribery, fraud and stalking — and led to a mushrooming political scandal that burst into national news in recent days and ensnared Mr. Gaetz, who is a close ally of President Donald J. Trump, and other influential Florida Republicans, with the investigation continuing.

I mean, of course they live in Florida.

Moving on, local restaurant Tank Noodle must pay back a $150,000 pandemic grant to the state because of previous bad behavior:

Tank Noodle will have to return the $150,000 business interruption grant it received from the state of Illinois last year. The popular Vietnamese restaurant at 4953 N. Broadway violated the terms of the state grant program by running afoul of federal labor laws, said Lauren Huffman, spokesperson for the Illinois Department of Commerce and Economic Opportunity (DCEO).

The mandate to return the grant money comes weeks after Tank Noodle also was forced to pay almost $700,000 in back wages to employees it didn’t adequately compensate, federal investigators found as part of a two-year investigation.

Tank Noodle withheld pay and used illegal employment practices for 60 of its employees, a labor department investigation concluded. In addition to making servers work for tips, a violation of federal work laws, the investigation also found Tank Noddle shorted servers when the business pooled tips and divided the money among all staff, including management.

The restaurant drew ire from customers after its owners attended a Jan. 6 rally in support of former President Donald Trump that ended in the storming of the U.S. Capitol.

Former customers, I should say. The stretch of Argyle Street they anchor has about 15 Vietnamese restaurants that not only serve better food than Tank Noodle, but also don't steal from their employees.

Finally, the Brennan Center has taken notice of 361 proposals in 47 states designed to limit voting participation:

These measures have begun to be enacted. Five restrictive bills have already been signed into law. In addition, at least 55 restrictive bills in 24 states are moving through legislatures: 29 have passed at least one chamber, while another 26 have had some sort of committee action (e.g., a hearing, an amendment, or a committee vote).

During the same timeframe, pro-voter legislators, often in the very same state houses, are pushing back, seeking to make permanent the changes that led to the biggest voter turnout in over a century. In a different set of 47 states, 843 bills with expansive provisions have been introduced in a different set of 47 states (up from 704 bills as of February 19, 2021). Of these, nine expansive bills have been signed into law. In addition, at least 112 bills with expansive provisions are moving in 31 states: 9 have passed both chambers and are awaiting signature (including a bill to restore voting rights in Washington), 41 have passed one chamber, and 62 have had some sort of committee action.

I'll comb through some of those later. Now, I have a meeting, following which Cassie has to go to the dog park. Really, she has to, or I'll lose my mind with her nudging me.

The crazy gets crazier

The Republican Party had several chances to pull itself back from the brink. They failed. Instead, they keep going deeper into the dark hole of wanting to invalidate an election for the sole reason that their guy lost. Josh Marshall outlines their dangerous insanity:

What we see most clearly today is the GOP moving quickly to align itself with the instigators of the January 6 insurrection and the coup plotters who laid the groundwork for it. This may seem like hyperbole, but it is not. Kevin McCarthy, who earlier this month was saying President Trump bore responsibility for instigating the assault, is now making his pilgrimage to Mar-a-Lago to meet with the disgraced former President and secure his blessing. The only Republicans who stood clearly against the insurrection – like Liz Cheney – are being purged from the party. Trumpist luminaries like Tucker Carlson are already mocking the fears of representatives who feared they’d be murdered on January 6. (That’s right out of the rightist troll culture where you’re blamed for the predation against you for “not getting it.”)

The GOP has had a series of decision points over recent months, the most recent of which was after the January 6 insurrection. The shock of actually being the targets of the assault in many cases created a moment of hesitation. But that wore off quickly.

After early efforts to deflect blame or even blame Antifa for the Capitol insurrection, Republicans are shifting to the view that it was understandable, even justified and may need to happen again to secure Republican ends.

Kathleen Parker says simply that the GOP is dead:

Where conservatism once served as a moderating force — gently braking liberalism’s boundless enthusiasm — the former home of ordered liberty has become a halfway house for ruffians, insurrectionists and renegadewarriors.

The party’s end was inevitable, foreshadowed in 2008 when little-boy Republican males, dazzled by the pretty, born-again, pro-life Alaska governor, thought Sarah Palin should be a heartbeat away from the presidency. The dumbing down of conservatism, in other words, began its terminal-velocity plunge, with a wink and a pair of shiny red shoes.

Going forward, not only will House Republicans be associated with a colleague who “liked” a Twitter post calling for Speaker Nancy Pelosi’s murder. They’ll be attached to QAnon, which promotes the extraordinary fiction that Trump was leading a war against Satan-worshiping pedophiles and cannibals, whose leadership includes Hillary Clinton, Barack Obama, Oprah Winfrey, Tom Hanks and, oh, by the way, yours truly, as well as U2’s Bono.

To those Republicans who can read: You own all of this. The party isn’t doomed; it’s dead. The chance to move away from Trumpism, toward a more respectful, civilized approach to governance that acknowledges the realities of a diverse nation and that doesn’t surrender to the clenched fist, has slipped away.

Predictably, the House and Senate GOP caucuses continue to mock President Biden's calls for unity by insisting that the only unified path forward is for Biden to do what the GOP wants. Also predictably, the Republican Party has less and less to say about policy these days, so it really isn't clear what they want. It seems only that they want power, but they have no idea (or they're not saying) what they would do with it should they obtain it.

For the last 10 days I've felt relieved in ways I didn't even realize that the XPOTUS has left the public arena, possibly for good. But about a third of my fellow Americans seem to have lost their minds. So I'm not completely relieved.