The Daily Parker

Politics, Weather, Photography, and the Dog

It's not "he said, she said"

Writing in Forbes, psychologist Todd Essig says it's perfectly plausible that Brett Kavanaugh has no recollection of what to Christine Blasey Ford was a life-changing event:

It is distinctly possible that his lack of memory is not because it never happened but because he really has no recollection of it taking place. He never encoded the event. Therefore, he cannot remember something he never noticed, even though it proved to be life-altering for someone else.

As Dr. Richard Friedman wrote this week, an attack usually triggers intense emotions and stress hormones that facilitate encoding memories. That is why “you can easily forget where you put your smartphone or what you had for dinner last night or last year. But you will almost never forget who raped you, whether it happened yesterday — or 36 years ago.”

Of course, this doesn’t let [Kavanaugh] off the hook for what he did or at all suggest he either has or doesn’t have the qualities one needs in a Supreme Court Justice. It’s just that he may not be lying about what he recalls. It also doesn’t excuse the self-serving way he transformed the absence of memory into the presence of certainty that something didn’t happen. A judge should know better than to rest his career on such a logical incongruity.

For another take on this phenomenon, check out Deborah Copaken's moving essay in The Atlantic, "My Rapist Apologized."

Failing Amber Wyatt

The Washington Post has a must-read feature today about the sexual assault of 16-year-old Amber Wyatt in 2006—and how her Texas high school turned against her:

The rumor — at least initially, and certainly in the soccer player’s initial account to Aven — wasn’t that Wyatt consented to sex with the two boys, but that they never had sex at all. Yet the tone of murmurs around the school indicated that students believed the exact opposite: that Wyatt, perhaps intoxicated, had agreed to sex and then regretted it, and that, in accusing the boys of rape, caused trouble not only for herself but also for her classmates at Martin. Aven, in his statement to police, said he thought, despite the soccer player’s denials, that some consensual sexual encounter took place in the shed that night. Meanwhile, at the school, an internal investigation quickly began into students’ alcohol use, which resulted in athletes from four different sports being removed from their extracurricular activities for six weeks.

Wyatt became the bull’s eye of an angry backlash. As Liz Gebhardt, a close friend of Wyatt’s who remained by her side throughout the tumultuous period that followed, recalled: “Everyone started blaming [Wyatt] because she said something, and if she would have kept her mouth shut then nothing would have ever happened.” With 3,350 students, it was hard to contain the spread of malicious recrimination and even harder to maintain a sense of proportion.

Kids hurled insults at Wyatt in the halls and casually chatted about the news in class. Many of her former friends would no longer associate with her. Wyatt says she received threats and slurs by text messages, people telling her to kill herself, saying she got what was coming to her. Wyatt’s friendships with her former cheerleading pals grew brittle and strained. “Maybe it was me,” she speculated in 2015. “I mean, I totally changed.”

One night in September, text and MySpace messages began circulating among Martin teens who wanted to show support for the accused by writing “FAITH” on their cars. The lurid acronym — “f--- Amber in the head” — began appearing on rear windows the following morning, metastasizing as quickly as the rumors had. Even Arthur Aven wrote “FAITH” on his car.

It's as much an indictment of her town's justice system as much as her classmates. Wyatt has recovered, but it took a decade to get her life on track. The people she alleged had raped her had no consequences.

It pays for itself

President Trump has complained about how much Robert Mueller's investigation has cost the government. After the plea deal reached Friday with Paul Manafort, that should no longer be a problem:

If we assume the same cost-per-day for the investigation that was reported through March of this year, the probe has so far cost the government about $26 million.

[P]art of the plea agreement reached between Mueller and former Trump campaign chairman Paul Manafort includes forfeiture of certain property to the government. While it’s not clear how much value will be extracted from that forfeiture, there’s reason to think that it could more than pay for what Mueller has incurred so far.

The combined value of [Manafort's] properties, according to estimates at Zillow.com and assigning the 2006 sale price to his Trump Tower property, is about $22.2 million. If those were sold at the values identified above and the money returned to the government, that alone nearly covers our estimated costs of the investigation to date.

The government’s seizures from Manafort could be worth about $42 million, including the upper estimates of just the properties, Federal Savings Bank loan and insurance policies. And that doesn’t include the other accounts, which might contain some portion of the $30 million that Wheeler points to as having been identified by the government as ill-gotten gains. That’s enough to pay for the Mueller probe for some time to come.

Somehow, though, I don't thing Trump is as much concerned about the money as he is about what Manafort has told Mueller's team. That, I suspect, is his real concern.

The President's no-good, very bad day

Yesterday, President Trump's longtime fixer Michael Cohen plead guilty to 8 crimes at almost the exact moment a jury convicted his former campaign manager of another 8. The Atlantic explains what the first part means:

The most important takeaway Tuesday is that the president’s own former personal attorney pleaded guilty to breaking campaign-finance laws at his alleged direction.

While the bank- and tax-fraud charges do not involve the president, the campaign-finance charges indisputably do. Cohen made the payments—$130,000 to Daniels and $150,000 to McDougal—through shell companies. He said Tuesday that the payments were intended to influence the election, making them a violation of campaign-finance laws, and that he had done so at the direction of the candidate.

That exposes several lies that the president made about the hush money. The White House initially denied that Trump had any knowledge of the payments. “You’ll have to ask Michael Cohen,” the president said in April.

David Frum just comes out and says "the president is a crook."

Over at WaPo, Paul Waldman decries the institutions that failed to get us to this point, while Isaac Stanley-Baker reports that right-wing media carried on like every other day.

For his part, the president Tweeted how proudly he felt about Manafort "not break[ing]," which, when you think about it, means that Manafort really does have the goods and the president just admitted it.

I'm happy some of these criminals are facing justice. But just imagine how quickly we'd be rid of this guy if we had a functioning Congress.

Fallows on the Seattle plane crash

Friday evening, a baggage worker at SEATAC airport outside Seattle stole an empty commuter plane and crashed it into an uninhabited part of an island in Puget Sound. Pilot and journalist Jim Fallows has an analysis:

Bizarre, frightening, and tragic this certainly was. Was it a sign of an alarming failure in security practices, and some press accounts immediately asserted? (For instance, from the UK’s Telegraph, soon after the event: “It has raised fundamental questions about airline security at America’s major airports after the mechanic was able to board the plane, taxi onto the runway and take off without being stopped. Aviation experts questioned what the authorities would have been able to do if the pilot was determined to fly the plane into a city rather than do loop-the-loops.”

Maybe this will be the appropriate response when more facts are known. For the moment, as is usually the case with aviation disasters, many of the most important questions about what happened are impossible to answer right away.

I hope that, when the facts are in, the response to this odd, sad incident will resemble what the aviation system usually does with its failures, rather than the way the political system often behaves. That is, I hope it serves as a source of guidance for further threat reduction, rather than as fuel for panic and finger-pointing about the modern realities that some “What if?” will always remain.

What a strange story.

Why all the optimism?

Washington Post columnist Anne Applebaum, watching the Manafort trial unfold, wonders why anyone thinks our institutions are up to the challenge of stopping the Trump organization:

America’s federal institutions are not the only ones designed to prevent someone like Trump from undermining the Constitution. We have other kinds of institutions, too — legal organs, regulatory bodies, banks — that are supposed to prevent men like Trump from staying in business, let alone acquiring political power. The truth is that many of these equally important American institutions failed a long time ago. Trump is not the cause of their failure. He is the result.

Nearly 40 years ago, in 1980, Trump employed 200 illegal Polish workers to destroy the Bonwit Teller department store, a historic building on Fifth Avenue, to make way for what would become Trump Tower. The men earned half the union wage and worked 12-hour shifts without hard hats; at one point, their contractor stopped paying them. Eventually they sued. In 1998, Trump paid $1.375 million to settle the case.

Trump broke immigration law and employment law, and he violated union rules, too. Yet neither immigration authorities nor employment regulators nor union bosses put him out of business. Why not? Why were the terms of that settlement kept confidential? Why, with his track record, was he allowed to get a casino license? Building permits? Wall Street banks did, it is true, stop lending to him. But when he began looking abroad for cash — doing extremely dodgy deals in Georgia and Azerbaijan, for example — no one stopped him.

She's right. A country with functioning legal institutions would have stopped this guy long ago. The Russian government has had so much success undermining our faith in democracy because we'd already eroded it ourselves.

Lunchtime reading

Happy August! (Wait, where did April go?)

As I munch on my salad at my desk today, I'm reading these stories:

And finally, a bit of good news out of Half Moon Bay, Calif. The corporate owner of the local paper told them they had to shut down, so a group of townspeople formed a California benefit corporation to buy the paper out.

Too many things in my inbox

I probably won't have time to read all of these things over lunch:

Share that last one with your non-technical friends. It's pretty clever.

You know this crap will keep happening

Now that ICE and CBP feel like they have carte blanche to "do their jobs," stories like this will only become more frequent:

The coast of White Rock, British Columbia, in western Canada looks to be an ideal place for a run, with its sweeping views of the Semiahmoo Bay to the west and scores of waterfront homes and seafood restaurants to the east. That's what 19-year-old Cedella Roman thought when she went jogging along the area's smooth beaches — in a southbound direction, notably — on May 21.

Roman, who lives in France, had been visiting her mother in nearby North Delta, British Columbia. During Roman's run, she was admiring the scenery when she unwittingly crossed the border from Canada into the United States, Roman told the Canadian Broadcasting Corp.

On May 22, Roman was taken to ICE's Northwest Detention Center in Tacoma, Wash., about 140 miles south of the border point where she had been arrested. She remained detained until June 5 when, after two weeks of paperwork and processing, Roman was taken back to the border “and removed to Canada,” Cutrell said.

Two weeks in detention—basically, a kidnapping—because she didn't have her French passport with her while jogging. CBP commented:

If an individual enters the United States at a location other than an official port of entry and without inspection by a Customs and Border Protection officer, they have illegally entered the United States and will be processed accordingly. It is the responsibility of an individual traveling in the vicinity of an international border to maintain awareness of their surroundings and their location at all times to ensure they do not illegally cross the border.

Here's what the border looks like just 4 kilometers from where Roman was arrested:

That's what almost our entire border with Canada looks like. That's because, since its founding in July 1867, Canada has remained the United States' closest friend and ally.

Arresting visitors to Canada who accidentally jog across an invisible line and holding them for two weeks is not how you treat a friend. But this was a discretionary arrest and detention; the CBP agents had the authority to shoo her back across the border without an incident.

This is what happens when the guy at the top gives people at the bottom permission to behave like assholes: some of them will.

I am shocked—shocked!—by this event

New York State has sued the Donald J. Trump Foundation for—wait for it—self-dealing and general corruption:

The lawsuit, which seeks to dissolve the foundation and bar President Trump and three of his children from serving on nonprofit organizations, was an extraordinary rebuke of a sitting president. The attorney general also sent referral letters to the Internal Revenue Service and the Federal Election Commission for possible further action, adding to Mr. Trump’s extensive legal challenges.

The lawsuit, filed in State Supreme Court in Manhattan, culminated a nearly two-year investigation of Mr. Trump’s charity, which became a subject of scrutiny during and after the 2016 presidential campaign. While such foundations are supposed to be devoted to charitable activities, the complaint asserts that Mr. Trump’s was often used to settle legal claims against his various businesses, even spending $10,000 on a portrait of Mr. Trump that was hung at one of his golf clubs.

The foundation was also used to curry political favor, the lawsuit asserts. During the 2016 race, the foundation became a virtual arm of Mr. Trump’s campaign, email traffic showed, with his campaign manager Corey Lewandowski directing its expenditures, even though such foundations are explicitly prohibited from political activities.

The attorney general’s referrals to the I.R.S. and the F.E.C. could add another wrinkle that might slow the foundation’s dissolution. The agencies are not known for their expeditious handling of enforcement actions, and the lawsuit notes that the foundation cannot legally complete its wind down “until the complaints to the Internal Revenue Service and Federal Election Commission have been resolved and it is determined if any penalties or fines will be imposed on the foundation.”

Trump immediately blamed "New York democrats," because of course he did.

Pass the popcorn.