The Daily Parker

Politics, Weather, Photography, and the Dog

Busy day, time to read the news

Oh boy:

Cassie has bugged me for the last hour, even though we went out two hours ago. I assume she wants dinner. I will take care of that presently.

The power of the press

After ProPublica's story about Rutherford County, Tenn., judge Donna Davenport, things have not gone well for the judge:

In the days after ProPublica’s investigation of the juvenile justice system in Rutherford County, Tennessee, one state lawmaker wrote that she was “horrified.” Another called it a “nightmare.” A third labeled it “unchecked barbarism.” A former Tennessee congressman posted the story about the unlawful jailing of kids and tweeted, “The most sickening and unAmerican thing I’ve read about in some time.” The NAACP Legal Defense and Educational Fund called for a federal civil rights investigation. A pastor, in his Sunday sermon in Nashville, said: “We can’t allow this madness to continue. These are our babies.”

And on Tuesday evening, four days after the story published, the president of Middle Tennessee State University notified faculty and staff that Donna Scott Davenport, a juvenile court judge at the heart of the investigation, “is no longer affiliated with the University.” Davenport had been an adjunct instructor at the school, which is based in Murfreesboro, Tennessee. For many years, she taught a course on juvenile justice. In 2015, she was one of the university’s commencement speakers.

On Sunday, Vincent Windrow, senior pastor at Olive Branch Church in Murfreesboro and Nashville, delivered a sermon at both branches centered on the revelations by ProPublica and Nashville Public Radio about Rutherford County’s juvenile justice system. The story included a detailed account of Murfreesboro police arresting four Black girls at an elementary school in 2016. The officers handcuffed two of the girls, including the youngest, an 8-year-old. The kids were accused of watching some boys fight and not stepping in. (They were charged with “criminal responsibility for conduct of another,” which is not an actual crime. All the charges were later dismissed.)

This, ladies and gentlemen, shows that a free press is the natural enemy of corruption, which is precisely why the XPOTUS hates it so much. I hope that ProPublica's story convinces the good people of Rutherford County to elect someone else in Davenport's place as soon as legally possible.

Rutherford County, Tenn., and its horrific juvenile judge

ProPublica and Nashville Public Radio dropped a bombshell description about how Rutherford County, Tenn., treats its Black children. That the main perpetrators of the violence against children under color of law appear to have a Christianist view of the world does not surprise me in the least:

In Rutherford County, a juvenile court judge had been directing police on what she called “our process” for arresting children, and she appointed the jailer, who employed a “filter system” to determine which children to hold.

The judge was proud of what she had helped build, despite some alarming numbers buried in state reports.

Among cases referred to juvenile court, the statewide average for how often children were locked up was 5%.

In Rutherford County, it was 48%.

When [judicial commissioner Sherry] Hamlett came up with “criminal responsibility for conduct of another” as a possible charge, there was a problem. It’s not an actual charge. There is no such crime. It is rather a basis upon which someone can be accused of a crime. For example, a person who caused someone else to commit robbery would be charged with robbery, not “criminal responsibility.”

But in the judicial commissioners’ office that Friday afternoon, 10 petitions were issued, each charging a child with “criminal responsibility.” The petitions didn’t distinguish the kids’ actions; the documents were cookie-cutter, saying each child “encouraged and caused” two other juveniles to commit an assault.

[One child's] lawyers wanted to know: How many kids were there who, like E.J., had been improperly arrested? How many kids had, like Jacorious Brinkley, been improperly jailed? The lawyers gathered large samples of arrest and detention records from an 11-year period, ending in December 2017. Then they extrapolated.

They would eventually estimate that kids had been wrongly arrested 500 times. And that was just for kids arrested by the sheriff’s office. This estimate didn’t account for other law enforcement agencies in the county that followed Davenport’s “process.” As for how many times the juvenile detention center had improperly locked up kids through its “filter system,” the lawyers estimated that number at 1,500.

Awful people like Davenport and a few others named in the story continue to exercise their power because the people who could stop them—the voters—don't care. I have no good explanation for how these people became so awful, but I suspect that narcissism plus religious belief had something to do with it.

Federal class-action lawsuits related to these matters have cost Rutherford County tens of millions of dollars. And yet the good people of the County can't seem to vote Davenport out of office. Would the good people of Chicago vote a similarly awful judge out? I don't know. But I'd hope that we would.

Late morning things of interest

So these things happened:

And finally, break out the Glühwein: Chicago's Christkindlmarket will return to Daley Plaza and Wrigleyville this winter.

End of day links

While I wait for a continuous-integration pipeline to finish (with success, I hasten to add), working a bit later into the evening than usual, I have these articles to read later:

  • Canadian Prime Minister Justin Trudeau (Lib-Papineau) called a snap election to boost his party, but pissed off enough people that almost nothing at all changed.
  • Margaret Talbot calls out the State of Mississippi on the "errors of fact and judgment" in its brief to the Supreme Court about its draconian abortion law.
  • Julia Ioffe expresses no surprise that the press and the progressives have come to grief with each other over President Biden.
  • Josh Marshal examines the "crumbling firmament" signified by France's indignation at our deal to supply nuclear submarines to the Australian Navy.
  • New regulations allowing hunters to kill wolves in the northern Rocky Mountain states may have the unintended result of putting the animals back on the endangered-species list.

And I am sad to report, Cassie will not get to the dog beach tomorrow, what with the 4-meter waves and all.

Another birthday, another long walk

Just as I did a year ago, I'm planning to walk up to Lake Bluff today, and once again the weather has cooperated. I'll take cloudy skies and 25°C for a 43-kilometer hike. (I would prefer 20°C and cloudy, but I'll take 25°C anyway.)

As I enjoy my breakfast in my sunny, airy office right now, mentally preparing for a (literal) marathon hike, life feels good. Well, until I read these things:

And hey, all you other Chicago athletes, good news! The City now has a website where you can find out the likelihood of the Chicago River giving you explosive diarrhea!

Taliban victory

Religious extremists, emboldened by lucky tactical and political successes over the past few years despite declining popular support, today won a major victory in their campaign to return women to a state of subjugation that they had only recently escaped. Supporters and allies of the religious leaders imposing the harsh new laws against women celebrated, driving around in pickup trucks while displaying traditional symbols of oppression.

Afghanistan? Iran? Saudi Arabia?

Nope. Texas:

[T]he Supreme Court on Wednesday confirmed what it had previously only implied through its failure to act the night before: The court rejected a request to block enforcement of the law, which abortion providers say will bar at least 85% of abortions in the state and will likely cause many clinics to close, while a challenge to its constitutionality is litigated in the lower courts. The vote was 5-4, with Chief Justice John Roberts joining the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – in dissent.

The case, Whole Woman’s Health v. Jackson, had come to the court on an emergency basis on Monday, with a group of abortion providers asking the justices to intervene. It was the first major test on abortion rights for the Roberts court since the death of Justice Ruth Bader Ginsburg in September 2020, and Ginsburg’s replacement by the conservative Justice Amy Coney Barrett was likely decisive in the outcome.

The court’s inaction on Tuesday night that allowed the Texas law to go into effect and its brief order on Wednesday night denying any relief to the abortion providers unquestionably represented a victory for abortion foes, but the five-justice majority emphasized (and Roberts in his dissent reiterated) that the court was not endorsing the constitutionality of the law. The ruling also revealed a court that is deeply divided, not only on the merits of the case but also on the procedures that the court uses to resolve these kinds of emergency appeals.

Justice Sotomayor pulled no punches:

The Court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand. Last night, the Court silently acquiesced in a State’s enactment of a law that flouts nearly 50 years of federal precedents. Today, the Court belatedly explains that it declined to grant relief because of procedural complexities of the State’s own invention.

[T]he Act is a breathtaking act of defiance—of the Constitution, of this Court’s precedents, and of the rights of women seeking abortions throughout Texas.

The Court's two conservative justices (Roberts and Breyer) joined with the Court's two liberals (Kagan and Sotomayor) but could not overcome the five Republican justices demonstrating their true loyalties.

The immediate effect of the Court's shadow-docket lawmaking is that about half of all abortion services in Texas have closed as of this afternoon.

Happy birthday, Gene

Eugene Wesley Roddenberry would have been 100 years old todayStar Trek and NASA have a livestream today to celebrate.

In other news:

Finally, sometime today I hope to finish reading Joe Pinsker's interview with author Oliver Burkeman about how not to get sucked into things that waste your time, like the Internet.

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.

Andrew Cuomo facing impeachment, criminal charges: reports

New York State Attorney General Letitia James released a report yesterday that alleges New York Governor Andrew Cuomo sexually harassed at least 11 women, including a New York State Police trooper assigned to his protective detail:

The report, released by the attorney general, Letitia James, and the announcement from the Albany County prosecutor, Kevin Soares, endangered Mr. Cuomo’s political future while also placing him in legal jeopardy.

“Governor Cuomo sexually harassed current and former state employees in violation of both federal and state laws,” Ms. James said, adding that the governor’s administration had “fostered a toxic workplace” in which staffers suppressed complaints because of a “climate of fear.”

Shortly after the report was released, Mr. Soares issued a statement saying that his office was conducting an investigation into Mr. Cuomo’s behavior and that it would be requesting investigative materials that the attorney general’s office had obtained. Mr. Soares encouraged other victims to come forward to aid in the inquiry.

President Biden has called on Cuomo to resign, as has US House Speaker Nancy Pelosi (D-CA) and Senate Majority Leader Chuck Schumer (D-NY). The State Assembly Speaker has opened an impeachment inquiry. I don't expect Cuomo to remain in office past the end of this month, but like other malignant narcissists I could mention, he may not understand that he's done.

Note that all the people I mentioned in this post are Democrats, from the President on down. I'm glad that my party finally wants to get rid of this asshole, and frustrated it took so long. But at least we ultimately do the right thing.