The Daily Parker

Politics, Weather, Photography, and the Dog

So, nu, how's by you?

After taking Cassie on a 45-minute walk before the heat hits us, I've spent the morning debugging, watching these news stories pile up for lunchtime reading:

Finally, Chicago architecture firm Skidmore, Owings & Merrill has revealed conceptual drawings for a moon base.

The world still spins

As much fun as Cassie and I have had over the last few days, the news around the world didn't stop:

Finally, journalist Jack Lieb filmed D-Day using a 16mm home movie camera, which you can see on the National Archives blog. It's really cool.

Because conservatives love states' rights

SDCA Senior Judge Roger Benitez, a George W Bush appointee, has ruled that California's assault-weapons ban violates the 2nd Amendment:

The state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court, the judge wrote.

Judge Roger T. Benitez, who has favored pro-gun groups in past rulings, described the AR-15 rifle, used in many of the nation's deadliest mass shootings, as an ideal weapon.

"Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment," he wrote in Friday's decision.

"Yet, the State of California makes it a crime to have an AR15 type rifle," Benitez continued. "Therefore, this Court declares the California statutes to be unconstitutional."

What a novel theory: other states allow this thing, so California must also. And yet I would bet you an entire dollar that Judge Benitez would disagree with his own theory as regards, say, marijuana or abortions.

The hypocrisy of Republicans on this issue is a lot like their hypocrisy on many others: what they want, others must have; what they don't want, no one else can have. The Federal government can't tell states they have to allow abortions, but they can tell states they can't ban the causes of the biggest health crisis in America since the invention of the automobile.

Benitez' opinion opens with a lengthy argument that the AR-15, a weapon designed specifically to allow American infantry to kill lots of people as reliably and as easily as possible, really isn't as deadly as someone's hands (no, really, footnote 3 on page 3). But really, he goes on, the term "assault weapon" is too broadly defined to be useful, but even if the AR-15 is an assault rifle, "like all guns, [it] can be used for ill or for good" (at 8).

Judge Benitez does not elaborate on the good that an AR-15 can do.

Naturally his opinion quotes dissents from Thomas, Scalia, and Kavanaugh quite a bit. For non-lawyers, quoting a dissent usually signals that the judge knows he's on the wrong side of precedent, but hopes that he can create new precedent if the case goes all the way up on appeal. He also spends a lot of time on Heller, which, I'm sure even casual Daily Parker readers know, I think was wrongly decided and has caused no end of suffering all over the US.

I expect it will. The 9th Circuit Court of Appeals will probably overturn Benitez, as I would guess they have done on many previous occasions. I have little doubt that our hyper-politicized Supreme Court will grant certiorari, and if so, probably reverse the appellate court.

I'm sick of my country's gun fetish. And assholes like Judge Benitez, who proudly say "there's no way to prevent this" in the only country where this regularly happens.

Bad faith and unfair dealing

The bankruptcy court for the Northern District of Texas has dismissed the National Rifle Association's bankruptcy petition as a sham meant to avoid the New York Attorney General's case against them:

"The question the Court is faced with is whether the existential threat facing the NRA is the type of threat that the Bankruptcy Code is meant to protect against. The Court believes it is not," U.S. Bankruptcy Judge Harlin Hale wrote in a 38-page decision.

The group filed for bankruptcy in January at the direction of the NRA's chief executive, Wayne LaPierre — and unbeknownst to some of the organization's board of directors and top officials.

"What concerns the Court most though is the surreptitious manner in which Mr. LaPierre obtained and exercised authority to file bankruptcy for the NRA. Excluding so many people from the process of deciding to file for bankruptcy, including the vast majority of the board of directors, the chief financial officer, and the general counsel, is nothing less than shocking," the Northern District of Texas judge wrote.

Bankruptcy judges tend not to take a lot of bullshit. I'm pretty sure Judge Hale not only found the NRA's petition baldly disingenuous, but he probably also believed that the NRA chose to file in his court because Wayne LaPierre thought a court in Texas might have some sympathy for the gun-rights organization. Maybe Hale does; but that clearly didn't translate into sympathy for LaPierre.

Pass the popcorn.

Someone call "Lunch!"

We have gloomy, misty weather today, keeping us mostly inside. Cassie has let me know how bored she is, so in the next few minutes we'll brave the spitting fog and see if anyone else has made it to the dog park.

Meanwhile:

All right, off to the damp dog park.

Lunchtime reading before heading outside

Today is not only the 35th anniversary of the Chernobyl disaster, it's also the 84th anniversary of the Nazi bombing of Guernica. Happy days, happy days.

In today's news, however:

I will now get lunch. And since it's 17°C right now (as opposed to yesterday's 5°C), I may eat it outside.

Yes, firearms have changed

An emergency-room doctor grew up in suburban New York learning how to shoot. She has watched gunshot wounds get worse since she started practicing medicine in the 1990s, for a simple reason:

In the 1990s, by which time I was an emergency-room doctor at a Level 1 trauma center in New York City, I became acquainted with the damage that small-caliber handguns could cause. When I started treating gunshot victims, I marveled at how subtle and clean the wounds often were, externally at least. Much cleaner than stabbings or car-wreck injuries.

We searched for a tiny entrance wound and the larger exit wound; they were often subtle and hard to locate. If you couldn’t find the latter, you would often see the tiny metal bullet, or fragments, lodged somewhere internally on an X-ray — often not worth retrieving because it was doing no damage.

Guns and the devastating injuries they cause have evolved into things I don’t recognize anymore. My Remington .22 has about as much in common with an assault-style weapon as an amoeba has with a human life. The injuries they produce don’t belong under one umbrella of “gun violence.” Though both crimes are heinous, the guy who shoots someone with an old pistol in a mugging is a different kind of perpetrator from the person who, dressed in body armor, carries a semiautomatic weapon into a theater, house of worship or school and commences a slaughter.

[N]o disaster drill really prepares an emergency room for a situation where multiple people are shot with today’s semiautomatic weapons. You might save a few people with careful triage and preparation. Most just die.

Any other trade association whose products got more dangerous every day would soon be sued into oblivion. It's time to kill the NRA, and return to sensible firearms regulation.

Reactionary right-wing corruption under scrutiny

New York Attorney General Letitia James has filed suit to dissolve the National Rifle Association:

The lawsuit sets up a legal confrontation that could take years to play out and will leave the 148-year-old N.R.A. — long the nation’s most influential gun-rights lobby but recently hobbled by financial woes and infighting — fighting for its survival. The attorney general’s office previously presided over the dissolution of President Trump’s scandal-marred charitable foundation, but the N.R.A., with more than five million members, is a far larger organization that is expected to put up a more prolonged fight.

The lawsuit was swiftly followed by two others: The N.R.A. filed a suit against Ms. James’s office in federal court in Albany, claiming her action was politically motivated and violated the organization’s First Amendment rights. In addition, Karl Racine, the attorney general of Washington, D.C., filed suit against the N.R.A. and its charitable foundation, which is based in the city. Mr. Racine is seeking changes to the foundation and alleges that the N.R.A. misused millions of dollars of the foundation’s funds.

The suit accuses the N.R.A. and the executives of “violating numerous state and federal laws” by enriching themselves, as well as their friends, families and allies, and taking improper actions that cost the organization $64 million over three years. The attorney general has regulatory authority over the N.R.A. because it is chartered as a nonprofit in New York. She is also seeking to oust Mr. LaPierre and Mr. Frazer, and to bar all four men from ever serving on nonprofit boards in New York again.

The lawsuit, which was filed in State Supreme Court in Manhattan, is a civil action, and outlined a number of alleged tax violations. Ms. James said during a news conference that she was referring the matter to the Internal Revenue Service in addition to taking her own action, and did not rule out making a future criminal referral.

Never forget: the purpose of authoritarianism is theft. And very few organizations the size of the NRA represent authoritarianism so obviously. Never mind what they say; watch what they do. (Hey, Mr LaPierre, where were all your members when actual jack-booted government agents came to Portland and DC?)

The Post has more:

James said at a news conference Thursday that she is seeking to dissolve the NRA because of the brazenness of the group’s violations of law.

“The corruption was so broad and because they have basically destroyed all the assets of the NRA,” she said. “Enough was enough … No one is above the law, not even the NRA.”

The lawsuit also claims LaPierre failed to report large sums of personal income to the IRS. James’s office said it found that the NRA chief funneled personal expenses through an outside public relations firm, allowing him to avoid reporting hundreds of thousands of dollars of personal income.

In response, the NRA said Thursday that it was filing its own lawsuit against James, alleging that the New York attorney general has violated the group’s free speech rights.

“This was a baseless, premeditated attack on our organization and the Second Amendment freedoms it fights to defend,” NRA President Carolyn Meadows said in a statement. “You could have set your watch by it: the investigation was going to reach its crescendo as we move into the 2020 election cycle."

Waaaaah. Another thing authoritarians hate: being called on their wrongdoing.

Do I think the lawsuit will succeed in dissolving the NRA? No, sadly. And anyway, gun manufacturers would simply create a new trade and propaganda association to continue making the Second Amendment a parody of itself.

But with this suit, and the deepening investigation into the Trump Organization's finances, also in New York State, I think the era of right-wing over-reach may have reached its conclusion. Don't expect them to go quietly, however.

Everything go boom

Chicago had no official Independence Day fireworks display this year, because we didn't want to encourage a million people to converge on Grant Park. Instead, we appear to have had a record number of, ah, unofficial displays:

The 911 call center received 9,092 calls between June 28 and Sunday, approximately three times the number of calls received in the same time period last year, according to data provided by Mary May, an Office of Emergency Management and Communications spokesperson.

As of Sunday, the city had received a total of 19,925 fireworks-related calls this year, compared with 4,612 calls by the same date last year — a 332% increase.

Several Indiana fireworks stores faced shortages in supply leading up to July 4. Illinoisans looking to buy fireworks often travel to neighboring states such as Indiana, where sale and possession of consumer pyrotechnics are legal.

The Chicago Fire Department responded to 33 calls and made 26 transports due to fireworks-related injuries from Friday to Sunday of the July 4 weekend, Meritt said.

Let that not obscure the problem that Chicago also has way more illegal firearms these days. This weekend, people shot and killed 17 others, including a 7-year-old girl. And because of the 2nd Amendment fanatics in rural areas, we don't have the tools we need to clamp down on it.

When did this become a thing?

Writing for the Washington Post, Michele Norris has had enough of white dudes toting firearms at "peaceful" protests:

We’ve gotten far too accustomed to the image of white protesters carrying paramilitary-level firearms in public spaces. The presence of guns — often really large guns — at protests has become alarmingly normalized. It is time to take stock of what that means.

Accepting and even expecting to see firearms at protest rallies means that we somehow embrace the threat of chaos and violence. While those who carry say they have no intention of using their weapons, the firepower alone creates a wordless threat, and something far more calamitous if even just one person discharges a round.

Is this brazen display of force about the right to own firearms or the right to make armed threats for political purposes? Just asking, because the latter is not a “right” that can be equally asserted. The protests are purportedly about reopening America. A parallel goal is realignment — using the Second Amendment to conduct regular and routine shows of force to intimidate elected officials into enacting a political agenda.

Polls show that most Americans prefer a go-slow approach to reopening most businesses. The armed protesters in places such as Michigan, Wisconsin, Arizona and North Carolina represent a tiny minority. Some surveys put the most insistent open-now crowd at less than 10 percent. But the weapons make their influence seem larger — and they know that. We see protests punctuated by guns almost every day. It has become routine. We have normalized something that should be shocking.

This sort of thing has happened before, in other times and places, and it hasn't ended well.