The Daily Parker

Politics, Weather, Photography, and the Dog

No debates unless...

Tom Friedman gives Joe Biden some good advice:

First, Biden should declare that he will take part in a debate only if Trump releases his tax returns for 2016 through 2018. Biden has already done so, and they are on his website. Trump must, too. No more gifting Trump something he can attack while hiding his own questionable finances.

And second, Biden should insist that a real-time fact-checking team approved by both candidates be hired by the nonpartisan Commission on Presidential Debates — and that 10 minutes before the scheduled conclusion of the debate this team report on any misleading statements, phony numbers or outright lies either candidate had uttered. That way no one in that massive television audience can go away easily misled.

Of course, Trump will stomp and protest and say, “No way.” Fine. Let Trump cancel. Let Trump look American voters in the eye and say: “There will be no debate, because I should be able to continue hiding my tax returns from you all, even though I promised that I wouldn’t and even though Biden has shown you his. And there will be no debate, because I should be able to make any statement I want without any independent fact-checking.”

We'll see. But really, Biden has no reason to debate Trump otherwise. (Note: I am a financial contributor to Joe Biden's campaign.)

In other news:

Back to coding.

NYC district attorney may obtain Trump financial records

The US Supreme Court handed down a pair of 7-2 decisions this morning about who can see the president's financial records, both written by Chief Justice John Roberts, and both dissented by Associate Justices Clarence Thomas and Samuel Alito.

In the first, Trump v Vance, private citizen Donald Trump appealed a decision of the 2nd Circuit Court of Appeals upholding a district court order to Trump's accountants to hand over documents to a grand jury empaneled by New York City District Attorny Cyrus Vance, Jr. Citing precedents going back to Aaron Burr's treason trial in 1807, the Court affirmed the lower court order, holding: "Article II and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President." Trump appointees Kavanaugh and Gorsuch concurred, but said the lower court should "how to balance the State’s interests and the Article II interests." Thomas, dissenting, agrees "with the majority that the President does not have absolute immunity from the issuance of a grand jury subpoena," but "he may be entitled to relief against its enforcement" (emphasis in original). Alito, consistent with his expansive views on presidential authority, believes a state prosecutor has no authority even to investigate a sitting president for state crimes, even if the alleged conduct occurred before the person was president.

Just a few minutes later, the Court announced its decision in Trump v Mazars, vacating the DC District and Circuit Courts decisions granting the House of Representatives authority to subpoena the president's financial records from his accounting firm, holding "[t]he courts below did not take adequate account of the significant separation of powers concerns implicated by congressional subpoenas for the President’s information." Roberts distinguished this case from Vance and others, writing:

This case is different. Here the President’s information is sought not by prosecutors or private parties in connection with a particular judicial proceeding, but by committees of Congress that have set forth broad legislative objectives. Congress and the President—the two political branches established by the Constitution—have an ongoing relationship that the Framers intended to feature both rivalry and reciprocity.

When Congress seeks information “needed for intelligent legislative action,” it “unquestionably” remains “the duty of all citizens to cooperate.” Watkins, 354 U. S., at 187 (emphasis added). Congressional subpoenas for information from the President, however, implicate special concerns regarding the separation of powers. The courts below did not take adequate account of those concerns.

Again, Alito and Thomas dissented. Thomas would reverse the decision rather than vacate it, because he "would hold that Congress has no power to issue a legislative subpoena for private, nonofficial documents—whether they belong to the President or not. Congress may be able to obtain these documents as part of an investigation of the President, but to do so, it must proceed under the impeachment power." Given that the President stonewalled Congress during the impeachment earlier this year, and the Supreme Court essentially said that's Congress's problem, not ours, Thomas would essentially hold the president immune from any discovery process. Alito agrees with Thomas to some extent, but believes "legislative subpoenas for a President’s personal documents are inherently suspicious," and would require Congress to "provide a description of the type of legislation being considered," which they did, but apparently not to Alito's satisfaction.

The president's response was as measured and thoughtful as one might expect:

He has spent the last hour whining like a spoiled toddler narcissistic, demented old man about this.

Sadly, none of this information will come out before the election. Once he's out of office in January, however, expect that his businesses will not survive long in their present forms. I really can't wait to see what he's been hiding.

Happy Monday!

Need another reason to vote for Biden? Slower news cycles. Because just this morning we've had these:

So, you know, nothing too interesting.

How does he keep winning so much?

President Trump predictably went off the rails (which makes a big assumption about his relationship to said rails in the first place) after this morning's 5-4 Supreme Court decision essentially telling him he screwed up trying to screw over the Dreamers:

The vote was 5-4 with Chief Justice John Roberts casting the decisive fifth vote that sought to bridge the liberal and conservative wings of the court.

Roberts and the court's four liberal justices said the Department of Homeland Security's decision to rescind the Deferred Action for Childhood Arrivals program, or DACA, was arbitrary and capricious under the Administrative Procedure Act.

In his opinion, Roberts wrote: "The appropriate recourse is therefore to remand to DHS so that it may reconsider the problem anew."

The best President we've had in over three years held out for eight whole minutes before Tweeting:

He Tweeted a couple more dumb things later, shortly before Facebook took down an ad his re-election campaign paid for because it literally had Nazi symbols in it:

In its online salvo against antifa and “far-left mobs,” President Trump’s reelection campaign displayed a marking the Nazis once used to designate political prisoners in concentration camps.

A red inverted triangle was first used in the 1930s to identify Communists, and was applied as well to Social Democrats, liberals, Freemasons and other members of opposition parties. The badge forced on Jewish political prisoners, by contrast, featured a yellow triangle overlaid by a red triangle.

The red symbol appeared in paid posts sponsored by Trump and Vice President Pence, as well as by the “Team Trump” campaign page. It was featured alongside text warning of “Dangerous MOBS of far-left groups” and asking users to sign a petition about antifa, a loose collection of anti-fascist activists whom the Trump administration has sought to link to recent violence, despite arrest records that show their involvement is trivial.

“We removed these posts and ads for violating our policy against organized hate,” said Andy Stone, a Facebook spokesman. "Our policy prohibits using a banned hate group’s symbol to identify political prisoners without the context that condemns or discusses the symbol.”

We get to see this crap for another 138 days before we can vote this psychopath out of office.

Wednesday, 74 March 2020

Just when you thought the Republican Party couldn't become more anti-science and pro-profit (at the expense of workers), the Wisconsin Supreme Court just struck down Wisconsin's stay-at-home order on a 4-3 party-line vote.

If only that were all:

Someday, we'll all look back on this time, laugh nervously, and change the subject.

Warm and happy in his own little pile of shit

Dana Milbank puts a hunk of the blame for the impeachment trial on the Chief Justice of the United States himself:

Roberts’s captivity is entirely fitting: He is forced to witness, with his own eyes, the mess he and his colleagues on the Supreme Court have made of the U.S. political system. As representatives of all three branches of government attend this unhappy family reunion, the living consequences of the Roberts Court’s decisions, and their corrosive effect on democracy, are plain to see.

Ten years to the day before Trump’s impeachment trial began, the Supreme Court released its Citizens United decision, plunging the country into the era of super PACs and unlimited, unregulated, secret campaign money from billionaires and foreign interests. Citizens United, and the resulting rise of the super PAC, led directly to this impeachment. The two Rudy Giuliani associates engaged in key abuses — the ouster of the U.S. ambassador to Ukraine, the attempts to force Ukraine’s president to announce investigations into Trump’s political opponents — gained access to Trump by funneling money from a Ukrainian oligarch to the president’s super PAC.

Certainly, the Supreme Court didn’t create all these problems, but its rulings have worsened the pathologies — uncompromising views, mindless partisanship and vitriol — visible in this impeachment trial. And Senate Majority Leader Mitch McConnell (R-Ky.), no doubt recognizing that the Supreme Court’s conservative majority is helping to preserve his party’s Senate majority, has devoted much of his career to extending conservatives’ advantage in the judiciary.

We just have to get through this year. Maybe things will get better in 2021?

Three quick links

First, former New York mayor Rudy Giuliani, who appears entirely too deeply integrated in the President's impeachable offenses to get out without an indictment, and who also owns what he calls a "security consulting service," butt-dialed an NBC reporter. Twice. And the resulting voicemails were...interesting.

Second, how exactly did Justice Brett Kavanaugh pay for his house in 2006? He seems to have gotten almost $250,000 from some undisclosed source.

Finally, the City of Chicago will raise taxes on ride-shares because they cost the city a lot of money. A new report shows that Uber and Lyft have significantly raised traffic levels and delayed buses since their arrival in 2014.

Happy Friday!

Welcome to the Fourth Quarter

October began today for some of the world, but here in Chicago the 29°C weather (at Midway and downtwon; it's 23°C at O'Hare) would be more appropriate for July. October should start tomorrow for us, according to forecasts.

This week has a lot going on: rehearsal yesterday for Apollo's support of Chicago Opera Theater in their upcoming performances of Everest and Aleko; rehearsal tonight for our collaboration Saturday with the Champaign-Urbana Symphony of Carmina Burana; and, right, a full-time job. (The Dallas Opera put their video of Everest's premiere on YouTube.) 

We also have a few things going on in the news, it seems:

I will now return to reverse-engineering a particularly maddening interface.

Can't say we didn't see this coming

After a farcical background check of now-Justice Brett Kavanaugh, should it surprise anyone that new allegations of misconduct have come out? Not to Jennifer Rubin:

In September 2018, I warned about the abbreviated FBI investigation into allegations that Brett M. Kavanaugh engaged in sexually aggressive behavior: “If Democrats retake one or both houses in November, they will be able to investigate, subpoena witnesses and conduct their own inquiry. The result will be a cloud over the Supreme Court and possible impeachment hearings … Kavanaugh has not cleared himself but rather undermined faith in the judicial system that presumes that facts matter.”

And sure enough, two New York Times reporters have found multiple witnesses to the allegations from Deborah Ramirez that Kavanaugh exposed himself during a dorm party at Yale. One newly discovered witness had information concerning yet another, similar event. That witness, Max Stier, is the chief executive of Partnership for Public Service, a nonpartisan group that, among other things, tracks nominations and confirmations. According to the Times report, he brought the information to the Senate Judiciary Committee (Who? Who knew about this?) and to the FBI.

Sen. Susan Collins (R-Maine)...will once more receive the lion’s share of the criticism and anger. Not only did she cast the last holdout vote on the premise that Kavanaugh would uphold the right to an abortion (!), but she accepted an obviously fraudulent investigation. Had she demanded a real inquiry, including witnesses we now know about, the truth might have come out before Kavanaugh was elevated to the court.

And, of course, barring a Constitutional amendment or impeachment, he's there for life. That diminishes the entire Court, says Greg Sargent:

But beyond the ugly tactics that produced this particular majority lies a looming question: What will the long-term consequences of this takeover be?

new study offers an alarming answer to that question. It concludes that even if Democrats win the White House and Congress, the high court will likely strike down much of what they do to address the climate change crisis, even as the window for action is closing, perhaps exacerbating the threat of civilizational catastrophe.

“Climate change legislation,” the report starkly concludes, is “unlikely to survive judicial review,” at a time when “leading scientists have concluded that only twelve years remain to avoid planetary climate change catastrophe.”

What makes the study interesting is that it uses the justices’ past rulings, as well as other conservative legal scholarship, to elaborate a picture of the specific legal doctrines they might employ to strike down efforts to legislate against global warming. The study concludes that their records clearly demonstrate they will have many such doctrines to weaponize in this fashion.

In other words, the right-wing majority on the Court seems likely to use established (but controversial) right-wing jurisprudence to limit the Federal Government's attempts to stop the planet from boiling.

Susan Collins and Mitch McConnell may have doomed half the planet to drowning and the other half to war. Thanks, Obama!

Not enough time on my hands

I thought the weekend of Canada Day and the weekend before Independence Day wouldn't have much a lot of news. I was wrong:

  • Ontario Premier Doug Ford (the brother of Rob Ford) cancelled Canada Day celebrations in Toronto*. (Imagine the Governor of Virginia or the Mayor of DC canceling the 4th of July and you've about got it.) Fortunately for the city, the Ontario legislature reinstated them.
  • You know how I write about how urban planning can make people happier, healthier, and friendlier? Yah, this city in California is my idea of hell. I hope the developers lost all their money.
  • In contrast, I learned of the Lil Yellow House while in Toronto, and the rap video the real-estate agent created to sell it. (It sold quickly, for C$500,000.)
  • Apparently, my drinking gets me a B-. (80% of Americans drink 6.75 drinks per week or less; the top 10% drink 15.28 per week. This is the one B- I'm happy to have.)
  • My alma mater recently published new research linking your email address to your credit score.
  • Alabama prosecutors have brought charges for manslaughter against a woman who miscarried after getting shot. No, really. Because Alabama.
  • Former President Jimmy Carter called out President Trump on the (alleged) illegitimacy of his election.
  • The New Republic adds to the chorus of organizations surprised at what it actually took to get the Supreme Court to call bullshit.
  • Ever wonder how often two bags of Skittles candy have the same proportions of flavors? No, me neither. But this guy did.
  • Windows has a case-insensitive file system; Git is case-sensitive. Do the math.
  • Um. That's not a pet bird.

*Those celebrations will be here, on the right, in this view from my hotel room yesterday: