The Daily Parker

Politics, Weather, Photography, and the Dog

Not a surprising coincidence

A local Vietnamese restaurant—only a few blocks from me, in fact—had to pay $700,000 in back wages to its workers after a Department of Labor investigation that ended in October:

Tank Noodle has been forced to pay nearly $700,000 in back wages after making some of its employees work only for tips, according to the U.S. Deptartment of Labor.

The popular Vietnamese restaurant at 4953 N. Broadway withheld wages and used illegal employment practices for 60 of its employees, a labor department investigation found. Some employees were owed more than $10,000 by the restaurant.

The investigation found some servers at the restaurant worked only for tips, a violation of federal work laws. Tank Noddle also shorted servers when the business pooled tips and divided the money among all staff, including management, another federal work violation.

Tank Noodle violated overtime laws and sometimes paid staff flat fees for a day’s work regardless of the number of hours worked, according to the labor department.

There's the setup. Now the punchline:

[Tank Noodle's] owners attended a Jan. 6 rally in support of former President Donald Trump that ended in the storming of the U.S. Capitol.

The Ly family, which owns Tank Noodle, posted photos from the rally, which were widely circulated on social media.

Too bad for the Ly family that the neighborhood has about two dozen other places with better phở.

Odds and ends

Just a couple passing stories this afternoon:

Finally, Merck and Johnson & Johnson announced a plan to combine production of Covid-19 vaccines, an "unprecedented" collaboration between competitors.

"Don't call me stupid"

I read the news today, oh boy. And one of the stories reminded me of this movie:

See if you can guess which one.

Finally, Chicago managed 58 hours of above-freezing temperatures (from 1pm Monday until 11pm yesterday) leaving us with only 15 cm of snow on the ground and a chance it'll all be gone by this time tomorrow. The forecast calls for daytime highs above freezing every day through next week, possibly hitting 10°C over the weekend. Spring!

Good morning!

Now in our 46th hour above freezing, with the sun singing, the birds coming up, and the crocuses not doing anything noteworthy, it feels like spring. We even halted our march up the league table in most consecutive days of more than 27.5 cm of snow on the ground, tying the record set in 2001 at 25 days. (Only 25 cm remained at 6am, and I would guess a third of that will melt by noon.)

So, what else is going on in the world?

And now, back to work.

The ossification of right-wing "constitutional originalists"

Rep. Lauren Boebert (R-CO) Tweeted yesterday morning, "Protecting and defending the Constitution doesn’t mean trying to rewrite the parts you don’t like." Josh Marshall wasted no time taking her to school:

Who's gonna tell her?

There's a worthwhile point that we can draw out of this otherwise useless dumbshittery. Folks on the right who stile themselves "constitutional conservatives" generally know next to nothing about the constitution and treat it as a kind of go to unicorn to validate what they want to be true.

But even to the extent some have a decent understanding of the original document, or even the original with the first batch of amendments, there is a strong implicit and sometimes explicitly assumption that the "real" constitution is what we might call the first edition. But of course it's not.

The system was designed with a roadmap and set of rules for revision built in. Toward the end of his life Justice Thurgood Marshall gave a speech in which he said the original constitution was a morally defective document which has no claim on anyone's allegiance today. It's only with the Civil War Amendments (13-15) that the American republic and its foundational document assume any moral force and claim on a patriotic allegiance today.

To the extent there are 'founders' in whose house we currently live, who have a claim on us over the centuries it's the founders of this second republic, the authors of Reconstruction.

In other words, how can you claim to love the Constitution but pretend Article V doesn't exist?

You remember we won, right? (Fire DeJoy edition)

The New Republic's Alex Pareene finds the obvious way to cut the Gordian knot tying Postmaster General Louis DeJoy to his post:

If you’ve sent or received any mail over the last few months, you may have noticed that the United States Postal Service is not in great shape. After Louis DeJoy, a Republican fundraiser, took over as postmaster general last June, he quickly implemented a series of “reforms” seemingly designed to slow down service, leading to precipitous declines in the speed with which mail was delivered. Over the holidays, fewer than 40 percent of letters arrived on time.

Unfortunately, though, we’re stuck with this arrangement. It is how it is. Nothing to be done. All because of a law passed in 1970, which created a post office governing body whose rules and terms were last altered by Congress as recently as 2006.

In other words, the only way around this seemingly intractable mess—the only way to be rid of this saboteur DeJoy—would be for Congress, which Democrats control, and which is already working on postal reform, to pass some sort of law tinkering with the makeup of the board, or changing how it is run, or allowing a president once again to appoint the postmaster general directly or, really, almost anything else that would achieve the same result.

It's the same kind of thinking that keeps the District of Columbia in perpetual stasis because apparently people have forgotten that we can create states with simple legislation.

The Queen's Consent

The Guardian has apparently just discovered a parliamentary procedure in use for the past, oh, 300 years, and...well, that's about it. In the UK, the House of Commons routinely shares proposed legislation with the Queen or the Prince of Wales when the matter under consideration directly affects the Royal Family. The Queen has no power to change the legislation, and indeed has never withheld her consent as doing so would cause a Constitutional crisis.

Still, it seems, as we say in the US, a bit hinky. And it seems that the Royals occasionally had something to say about the proposals. Naturally, the committed republicans of The Guardian are clutching their pearls indeed:

The Guardian has compiled a database of at least 1,062 parliamentary bills that have been subjected to Queen’s consent, stretching from the beginning of Elizabeth II’s reign through to the present day.

The database illustrates that the opaque procedure of Queen’s consent has been exercised far more extensively than was previously believed.

The investigation uncovered evidence suggesting that she used the procedure to persuade government ministers to change a 1970s transparency law in order to conceal her private wealth from the public.

The documents also show that on other occasions the monarch’s advisers demanded carve-outs on proposed laws relating to road safety and land policy that appeared to affect her estates, and pressed for government policy on historic sites to be altered.

A spokesperson for the Queen said: “Whether Queen’s consent is required is decided by parliament, independently from the royal household, in matters that would affect crown interests, including personal property and personal interests of the monarch.

“If consent is required, draft legislation is, by convention, put to the sovereign to grant solely on advice of ministers and as a matter of public record.”

She added: “Queen’s consent is a parliamentary process, with the role of sovereign purely formal. Consent is always granted by the monarch where requested by government. Any assertion that the sovereign has blocked legislation is simply incorrect.”

I would also consider myself to be a republican in the UK sense, happy to have the Windsors out of the process of governing the UK and taxable just like anyone else. But the UK Constitution, at the moment, has Elizabeth II Regina as Head of State, whose consent is required for all laws passed by her Government.

I imagine this article will elicit an enormous shrug from the British people.

Sixty-five minutes

The VSTBXPOTUS* has by now arrived in Palm Springs, where in just a few minutes he'll cease to matter and instead become the ultimate Florida Man. I would like to draw attention to something he said today (and wow, am I never going to write those words about that person again) as he stopped briefly at Joint Base Andrews while a very big door swung towards his ass:

As Trump concluded his remarks, he vowed, “We will be back in some form,” and he told his supporters, “Have a good life.”

Yes, you will. That's how subpoenas work.

Speaking of, as of this writing (10:50 EST), he has not yet pardoned his family or attempted to pardon himself. I woke up with a daydream of him at 11:55 asking an aide for the pardon paperwork for his kids and the aide giving him a cartoonish shrug. Remember: Marbury v Madison is still the law of the land.

* Very, very soon.

Less than 24 hours to go

The US Constitution, Amendment XX, section 1, says point blank that the STBXPOTUS will be XPOTUS in less than 24 hours. Between now and then, I have no doubt he'll shit the bed (possibly even literally) on his way out the door. Just a few minutes ago the Times reported that the outgoing administration has declared China's treatment of Uighurs "genocide," which may complicate President Biden's plans to pressure the country diplomatically. (Biden apparently supports this designation, however.)

From completely bollixing the vaccine rollout to failing in the most basic acts of class and decency with the Bidens to appointing crazy people to civil-service roles to executing more people in the past month than the US Government has executed in the past 12 years, he has done everything in his power to make 60% of Americans ready to see the back of him. We haven't even seen today's pardon list yet; I can only guess how much fun I'll have reading it.

For all of that, though, one thing has absolutely delighted me these past two weeks: he hasn't posted anything on social media. Consequently, as the Post reports, misinformation online has dropped 73% since he got booted from Twitter and Facebook:

The new research by the San Francisco-based analytics firm reported that conversations about election fraud dropped from 2.5 million mentions to 688,000 mentions across several social media sites in the week after Trump was banned from Twitter.

Zignal found it dropped swiftly and steeply on Twitter and other platforms in the days after the Twitter ban took hold on Jan. 8.

The findings, from Jan. 9 through Friday, highlight how falsehoods flow across social media sites — reinforcing and amplifying each other — and offer an early indication of how concerted actions against misinformation can make a difference.

The research by Zignal and other groups suggests that a powerful, integrated disinformation ecosystem — composed of high-profile influencers, rank-and-file followers and Trump himself — was central to pushing millions of Americans to reject the election results and may have trouble surviving without his social media accounts.

Researchers have found that Trump’s tweets were retweeted by supporters at a remarkable rate, no matter the subject, giving him a virtually unmatched ability to shape conversation online. University of Colorado information science professor Leysia Palen declared in October, after months of research: “Trump’s amplification machine is peerless.”

Glory, hallelujah. Despite 25,000 Guard troops defending the capital, and an inauguration ceremony tomorrow without a huge cheering crowd, things seem better than they did a month ago. I think once we're past the 2020 hangover, 2021 will turn out all right.

Impeached. Again.

The US House of Representatives has voted 231-197 (including 10 Republicans) to impeach the STBXPOTUS a second time. The Republicans voting for impeachment included: Jaime Beutler (Wash.), Liz Cheney (Wyo.), Anthony Gonzalez (Ohio), John Katko (N.Y.), Adam Kinzinger (Ill.), Peter Meijer (Mich.), Dan Newhouse (Wash.), Tom Rice (S.C.), Fred Upton (Mich.), and David Valadao (Calif.). Four Republicans abstained. Illinois representatives Mike Bost, Rodney Davis, Mary Miller, and Darin LaHood voted with their party not to send the article of impeachment to the Senate.

Senate Majority Leader (for the next 6 days) Mitch McConnell (R-KY) has refused to call the Senate into emergency session to begin a trial, though he did leave open the possibility of voting to convict the STBXPOTUS after Joe Biden takes office a week from now. So, from his own perspective, the twice-impeached STBXPOTUS will face no real consequences—at least, not immediately—for his attempted self-coup last week.

In the background, 20,000 National Guard troops have deployed to the capital, while the acting US Attorney for the District of Columbia said "people will be shocked when they find out they find out the totality of what happened," according to Talking Points Memo.

The hangover from 2020 just won't go away.