Category: US Constitution Under Threat

Monday Wake Up Call – May 6, 2019

The Daily Escape:

Torres del Paine NP, Chile – 2016 photo by Andrea Pozzi

After our granddaughter’s graduation in PA (summa cum laude), we had a few wines and beers, and talk turned to politics and the mess America is in now. Son-in-law Miles, (dad of next week’s grad) asked a very good question. “Is now really the worst of times? What about when Martin Luther King was assassinated?”

Wrongo immediately flashed back to JFK’s assassination. He was a DC college student when JFK died. But his focus wasn’t on the loss of a president, or what that meant to the country. His focus was on what the loss of JFK meant personally.

That changed in 1968 with the assassinations of MLK and RFK. Wrongo was in the Army, stationed in Germany when Dr. King was killed. There was great tension in the enlisted men’s barracks. For a few days, it took a lot of effort in our small, isolated unit to keep anger from boiling over into outright fighting between the races.

By the time we lost RFK, it was clear that the Vietnam War would drag on, killing many of Wrongo’s friends. But, Wrongo’s job was to defend America from the Russians, with nuclear weapons if necessary.

It was difficult to see how or when Vietnam would end. It was hard to imagine Richard Nixon, Henry Kissinger, or Robert McNamara doing much to stop young Americans from dying in Asia.

The year 1968 also included the Tet Offensive. Mark Bowen in his book, Hue 1968, says:

“For decades….the mainstream press and, for that matter, most of the American public, believed their leaders, political and military. Tet was the first of many blows to that faith in coming years, Americans would never again be so trusting.” (p. 507)

When Americans finally saw the Pentagon Papers in 1971, they learned that America’s leaders had been systematically lying about the scope and progress of the war for years, in spite of their doubts that the effort could succeed. The assassinations, Vietnam, and Watergate changed us forever.

Our leaders failed us, it was clearly the worst of times. We were in worse shape in 1968 than we are in 2019. Back then, it felt like the country was coming apart at the seams, society’s fabric was pulling apart. Then, May 4th 1970 brought the killings of college kids at Kent State, which was probably the lowest point in our history, at least during Wrongo’s life time.

Last week, we acknowledged the 49th anniversary of America’s military killing American students on US soil. We vaguely remember the Neil Young song “Ohio” with its opening lyrics:

“Tin soldiers and Nixon coming, we’re finally on our own…”

That’s why the decade from 1960-1970 was the worst of times. We got through it, but we have never been the same.

In 1968, we saw that change can arrive suddenly, fundamentally, and violently, even in America. Bob Woodward spoke at Kent State last week, on Saturday, May 4th. He offered some brand-new information about Nixon’s reaction to the student shootings: (emphasis by Wrongo)

“In a conversation with his chief of staff H.R. Haldeman in September 1971, Nixon suggested shooting prisoners at New York’s Attica Prison riot in a reference to the Kent State tragedy. “You know what stops them? Kill a few,” Nixon says on a tape of the conversation.”

Woodward continued:

“We now know what really was on Nixon’s mind as he reflected…on Kent State after 17 months….Kent State and the protest movement was an incubator for Richard Nixon and his illegal wars.”

Woodward meant that what was coming was a war on the news media, creation of the “Plumbers” unit to track down leaks, and attempts to obstruct justice with the Watergate cover-up.

Many of us see 2020 shaping up as another 1968. Some see Nixon reincarnated in Trump.

We haven’t faced this particular set of circumstances before, so we can’t know just how it will go. Will it be worse than the 1960s, or just another terrible American decade? Is it the best of times, or the worst of times?

Are we willing to fight to preserve what we have anymore?

Wake up America, you have to fight for what America means to us. Constitutional liberties are under attack. The right to vote is being undermined. Extreme Nationalism has been emboldened.

To help you wake up, listen once again to “Ohio” by Neil Young in a new solo performance from October, 2018. He’s added some documentary footage and a strong anti-gun message:

You may not know that Chrissie Hynde, the future lead singer of The Pretenders was a Kent State student, and was on the scene at the time.

Those who read the Wrongologist in email can view the video here.

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Sunday Cartoon Blogging – March 24, 2019

What you missed in Friday’s news about Robert Mueller wrapping up the Russia investigation was that Trump announced the appointment of Stephen Moore, a conservative economic pundit as a member of the Board of the Federal Reserve.

Moore is a doofus. There’s no bigger example of a so-called “economist” failing his way upwards than Stephen Moore as Jon Chait points out: (emphasis by Wrongo)

“Stephen Moore’s career as an economic analyst has been a decades-long continuous procession of error and hackery….Moore’s primary area of pseudo-expertise — he is not an economist — is fiscal policy. He is a dedicated advocate of supply-side economics, relentlessly promoting his fanatical hatred of redistribution and belief that lower taxes for the rich can and will unleash wondrous prosperity. Like nearly all supply-siders, he has clung to this dogma in the face of repeated, spectacular failures.”

Wrongo hastens to remind everyone that the Fed is in charge of MONETARY POLICY, not Fiscal policy. Moore only holds a Master’s degree in Economics. There are many, many examples of Moore’s hacktastic pseudo-expertise in economics. Slate reports that Moore: (brackets by Wrongo)

“Predicted that Bill Clinton’s tax hikes would bring disaster (they didn’t), that George W. Bush’s tax cuts would bring prosperity (they didn’t), and that Barack Obama’s policies were setting us up for ’70s-style stagflation (they didn’t)….He and supply-side guru Art Laffer were also key advisers behind Kansas’ fiscally and politically disastrous tax cuts. In spite of his own track record of [consistently] failed predictions, he has disparaged Keynesian macroeconomics as ‘witchcraft.'”

He’s recently called for Trump to fire the entire Fed board. Moore has blamed the Fed’s rate increases over the past year for slowing economic growth, and recently called on the Fed to begin cutting rates. He helped draft Trump’s tax proposals while working as an economist at the Heritage Foundation.

Stephen Moore is a joke in the economics profession. This should go well. On to cartoons.

Barr holds the key to what we learn about the Mueller investigation:

Stop calling them White Nationalists, alt-Right or Populists. These people are White Supremacists:

Funny how most Christians in the US don’t obey the Ten Commandments, but consider the Second Amendment a must follow:

What is evident from attacks on Black Christian churches, Synagogues, and Mosques in the US, and now in NZ, is that RW extremists are increasing their attacks. They are citing Trump as their “guiding light”, while Trump continues to play down their involvement:

Biden looks like a candidate, but some wonder about his age:

George and Kellyanne Conway see Trump differently. Will their relationship survive?

Trump says free speech for conservatives is great, missing the point about our free press:

Rep. Devin Nunes sues Twitter because of a satirical account called “Devin Nunes’s Cow”. As of today, more people follow the fake cow that mocks Devin Nunes, than follow Devin Nunes:

 

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Monday Wake Up Call – September 24, 2018

The Daily Escape:

Avoto Metro Station, St. Petersburg, RU – 2014 photo via themindcircle

(Wrongo and Ms. Right are leaving today for Russia. We will be in St. Petersburg tomorrow, and eventually wend our way to Moscow. You should expect that blogging will be light. Regular posting will resume on October 9th. One more thing: We won’t be looking for the real hackers.)

The Trump administration doesn’t lack for enemies, but it is considering adding a few more. Bloomberg reports that:

The White House is considering a draft executive order for President Donald Trump that would instruct federal antitrust and law enforcement agencies to open probes into the practices of Alphabet Inc.’s Google, Facebook Inc., and other social media companies.

Bloomberg says that the language of the order instructs US antitrust authorities to: (emphasis by Wrongo)

Thoroughly investigate whether any online platform has acted in violation of the antitrust laws. It instructs other government agencies to recommend within a month after it’s signed, actions that could potentially “protect competition among online platforms and address online platform bias.”

Assuming that the order is signed in something like its current form, it is an escalation of Trump’s aversion to Google, Facebook, Twitter, all of whom he’s publicly accused of silencing online conservative voices and news sources. The draft order says:

Because of their critical role in American society, it is essential that American citizens are protected from anticompetitive acts by dominant online platforms….It adds that consumer harm — a key measure in antitrust investigations — could come “through the exercise of bias.”

And there you have it. Because these companies allow criticism of the Very Stable Genius, we will get one step closer to government control of what you can say on the internet.

The draft order doesn’t name any companies, but it doesn’t have to in order to intimidate Google, Facebook, Twitter, and Amazon’s parent’s other business, The Washington Post, to suddenly insure that their coverage of Trump is a whole lot nicer.

OTOH, there is a basis for what the DOJ is thinking of doing. There have been arguments from the right and the left that Silicon Valley companies including Google and Facebook, engage in anti-competitive behavior. The companies argue they face robust competition, and that many of their products are free.

Before this, bias has not been a factor in antitrust examinations. But, according to Bloomberg:

A Pew survey earlier this year found that 72% of Americans, and 85% of Republicans, think it’s likely that social media companies intentionally censor political viewpoints that those companies find objectionable.

But there is no objective evidence that either Facebook or Google systematically discriminates, left or right.

Even among some on the right, there are misgivings about a Trump administration crackdown on the free speech rights of these firms. The libertarian groups FreedomWorks and ALEC sent a letter to AG Jeff Sessions expressing concern that his:

…inquiry will be to accomplish through intimidation what the First Amendment bars: interference with editorial judgment.

While the political bias aspect of the order is controversial, it probably won’t scare either Google or Facebook. The First Amendment bans the government from restricting or imposing speech.

Federal authorities cannot require any company to publish views it favors, but it can take crippling anti-trust actions until the companies bend their algorithms to favor Trump messaging.

The danger of such thinking is obvious, however, as the Pew survey information above shows, the vast majority of Republicans agree with Trump.

You should agree that the government ought to be paying attention to the outsized market share of these companies.

You should be very afraid of the government going after them for political revenge.

WAKE UP, AMERICA! Time for all of us to remember these words from Benjamin Franklin:

“Without freedom of thought, there can be no such thing as wisdom – and no such thing as public liberty without freedom of speech”.

Political revenge via government agency is the mark of an authoritarian state.

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Trump Says Google Is Against Him

(Wrongo is taking off for the rest of the week. So unless SHTF, the next post will be a Wake-Up Call on Tuesday after Labor Day. We all need a break, and late August is usually pretty slow as far as news goes. Try to enjoy the heat wave, or whatever your weather brings.)

The Daily Escape:

Detail from above the doors of Strasbourg Cathedral, Strasbourg, FR – 2008 photo by Wrongo. Strasbourg is one of Wrongo’s favorite European cities.

Remember the dog in the movie “Up” who was constantly distracted, yelling “Squirrel!”, all the time? That’s the media when Trump tweets.

When he was first elected, we had the daily squirrel. Now we’ve achieved hourly squirrel. The WaPo reports that:

Early on Tuesday morning, President Trump accused Google of rigging search results for “Trump News” against “Republican/Conservative & Fair Media,” and wondered, “Illegal?” Then, he promised that the situation would be “addressed.”

This is today’s Conservatism in action: A constant search for new conspiracy theories to advance their agenda of victimhood. Trump was repeating a claim that first appeared in the conservative news site, PJ Media, which published a piece with the headline, “96% of Google Search Results for ‘Trump’ News Are from Liberal Media Outlets.”

Google, naturally, denied Trump’s accusation. According to Google, the rankings are supposed “to promote original journalism, as well as to expose users to diverse perspectives.”

Google News results are ranked on a variety of factors, and the results are personalized to an extent. Many factors contribute to their results, including the “freshness” of content, and the extent to which it contains original reporting, as opposed to commentary on the news.

Wrongo’s experience with Google shows that they constantly down rank sites by changing their algorithms.  Last year, there was a big dust-up when Google changed its algorithms to promote main stream media and demote independent outlets. “Deemed to be leftie” sites like the Wrongologist have taken traffic hits due to Google’s downgrading non-MSM sites in their search rankings.

But, Trump isn’t completely wrong.

Facebook has a partnership with the Atlantic Council to help FB work on deleting what they call “inauthentic content”. The Atlantic Council is a NATO-backed think tank. Its board includes people like Henry Kissinger, Michael Morrell, the former acting CIA Director, and Gen. Michael Hayden. It is funded by the UAE, the Abu Dhabi National Oil Corporation, Chevron, and a long list of other corporations.

If you use Facebook, do you really want this cast of characters controlling what you see, or do not see? Do you trust them with creating your news feed?

But it could mean much more than that. No one is sure what methodology FB is using. And that could have serious First Amendment implications.

There is a lot here to argue about on both the right and the left. We’ve tumbled to the fact that in the US, companies can do much more than the government regarding censorship. Is this a strength or a weakness?

The First Amendment was originally an Anti-federalist addition to the Constitution designed to contain federal power, giving an equal chance to citizens to organize and publicize resistance to an autocratic regime.

It’s more worrisome that Facebook is working with the Atlantic Council to develop rules about what is false news than if the Atlantic Council was working with the US Government to do the same thing. Why? Because every four years, the government is subject to recall by voters.

The big question: Is the Atlantic Council/Facebook agreement a permitted form of private/government censorship? Is it a way to circumvent the First Amendment?

After all, these are private sector organizations. They can take any political perspective they want, just like FoxNews, and its parent, the News Corporation do every day. Since Citizens United, we call that the right of a corporation to Constitutionally-protected free speech.

There’s an ongoing petition at White House.gov to replace Facebook, Google, and Twitter’s “community standards” with First Amendment protections. No worries, nothing will come of that.

One way to look at this is: If you don’t like Google because you think it’s “biased”, then don’t use it. And if Trump and his fellow travelers what a search engine that always places them first, why don’t they simply build one, and see if the “market” makes it a success?

At the end of the day, the important question is how to ensure that the public cannot be forced by both private as well as public interests to find and read information from only a short list of approved providers.

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Saturday Soother – July 7, 2018

The Daily Escape:

Piebald fawn at rescue center, Sherman CT – June, 2018 photo by JH Cleary

It was a week in which Wrongo rode the Cape Cod bike trails every day, got up at 4:15 am one day to get to Coast Guard Beach at high tide to surf cast for Striped Bass, and catch none. We ate very well, mostly seafood. We watched fireworks on the Cape Cod Bay side, which gave a great view of fireworks displays by at least 10 towns, from Boston around to Provincetown on the Cape.

We experienced all of this with kids and grandkids, it was a relaxing time.

One benefit was that we didn’t see a newspaper or a newscast the entire week. But everyone’s phones lit up with news about Scott Pruitt’s walk off the stage in DC, the soccer kids in Thailand, and who would be Trump’s pick for the Supreme Court.

But as we downshift into the weekend, Wrongo wants to talk about a big, bad idea that Democrats can’t seem to stop talking about. It is “Abolish ICE”, the Immigration and Customs Enforcement agency, that’s a part of the Department of Homeland Security. ICE has been a part of our lives since 2003, when it was created in the government’s reorganization after Sept. 11, 2001. But calls to abolish ICE take focus away from a winning issue for Democrats: Republicans separating asylum-seeking families at the border.

ICE doesn’t do that; it’s being done by Customs and Border Protection, who run the Border Patrol. As the WaPo points out, yelling about abolishing ICE is a gift to Republicans in November. Karen Tumulty says even serious Democratic contenders for president in 2020 are saying it:

ICE has become a deportation force, Sen. Kirsten Gillibrand (D-N.Y.) told CNN. Get rid of it. Start over. Reimagine it.

Well, Wrongo thinks she’s a serious candidate.

It’s clear that ICE and the Border Patrol are staffed mostly with goons who would just as soon trample your Constitutional rights as they would separate a kid from an immigrant. But, we shouldn’t be thinking of replacing them, so much as adopting our own “zero tolerance” policy for their bad behavior and constant dickitude.

Since Democrats don’t have a clear solution for reforming ICE, they should drop the issue and focus on the child separation question, where the law and public opinion is on their side. Otherwise, calls to eliminate ICE will be spun by Republicans as undermining the security of the nation’s borders.

Also, Democrats’ calls to abolish ICE distracts from the real villain in the immigration crisis and the separation of immigrant families – Donald Trump. ICE just executes orders received from the Trump administration. ICE can certainly be improved, but the function ICE performs is necessary to the security of this country. Besides, every nation has organizations that manage immigration and customs.

Trump is the person who initiated the program to separate immigrant families. Dems shouldn’t water down his culpability with a misplaced focus on ICE.

Ok, time to see if we can get soothed a little while we wait to see who the Trump Supreme Court nominee will be. Let’s start by brewing a big cup of Tanzanian Peaberry coffee ($15.75/lb.) from Coffee Bean Direct. They say that its flavor is punctuated by an intoxicating, chocolaty aroma with a rich, winey body that is surprisingly versatile and perfect for any time of day.

Sounds like marketing lingo to Wrongo, but, go for it!

Now, find a quiet air-conditioned spot with a comfortable chair and listen to “Concierto de Aranjuez” written in 1939 by Joaquín Rodrigo. Here we see it from the 1996 movie “Brassed Off”, which is set 10  years after a strike in 1984–85 by the National Union of Mineworkers in Britain. At the time of the movie, coal mines (called pits in Britain) are being closed. One of the mines scheduled to close has a brass band. The movie shows the circumstances of the coal miners who are losing their jobs through their band’s performances.

The soundtrack for the film was provided by the Grimethorpe Colliery Band:

This might possibly foreshadow what will happen to unions in America with last week’s Supreme Court decision saying that government workers who choose not to join unions, do not have to pay for collective bargaining. This makes them free riders and dramatically cuts the money that these unions have to operate with.

Those who read the Wrongologist in email can view the video here.

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Saturday Soother – June 30, 2018

The Daily Escape:

Spice Stall, Istanbul, Turkey – 2013 photo by Wrongo

This week, there was plenty of talk about “Trump Fatigue”. This, from Just Above Sunset is a good example:

The Trump presidency has been exhausting. Maybe that was the idea. It’s one outrageous thing after another. Everything is “big news” – but when everything is big news nothing is. Everyone goes numb. The United States now has concentration camps for children? Canada is now our enemy and North Korea is not? CNN gave up. Every single news story is “Breaking News” there…but everyone else is tired of this. That was the idea. Make America shrug. They won’t know what hit them. They just don’t care. They’ve had enough. They’ll worry about their own lives. Trump will be Trump. Life will go on.

The biggest, baddest, worst-est bad news was the retirement of Supreme Court Associate Justice Anthony Kennedy. When the court reconvenes in October, there is likely to be a majority willing at least to gut, if not formally overrule, Roe v. Wade. The hope that the Supreme Court will enforce voting rights is now dead. The Court will not strike down gerrymandering, despite ample evidence that it renders quite a few elections undemocratic. And this week, in supporting Trump’s Muslim Ban, it said it was overturning Korematsu vs. The United States. In fact, it really reaffirmed it, under the guise of overruling it.

We had another mass shooting. This time it’s five journalists dead at the hands of a shotgun-toting man with a grudge against the paper: he lost a defamation suit against it in 2015. So the media presents us with yet another day of video loops from helicopters showing police cars and emergency vehicles lined up, and a ceaseless round of cable TV reporters trying new ways to say they have nothing new to report.

Trump is planning a summit with Vladimir Putin on July 16 in Finland. Maybe it’s his annual performance review, maybe it’s just an effort to get superpower relations on a better track. Hard to know.

We will be getting a new Democratic Congressperson in NY’s 4th district. A 28 year-old first-time candidate, Alexandria Ocasio-Cortez, will replace Joe Crowley in the Queens-Bronx district that includes Archie Bunker’s old neighborhood. But the old neighborhood ain’t what it used to be. Today the district is roughly 50% Latino and 25% other minorities. It is unclear if this portends anything for Republican House seats in November.

Wrongo knows that our only hope is voter turnout in November. But, has there been a fair election in this century? Probably not. The media and the Republicans will say that our democratic process continues, but as the NYT reported:

Eight of the tech industry’s most influential companies, in anticipation of a repeat of the Russian meddling that occurred during the 2016 presidential campaign, met with United States intelligence officials last month to discuss preparations for this year’s midterm elections.

The conclusion was that the US government is doing nothing to secure the 2018 vote. Apparently, the Trump administration is hoping for a red wave in November. Combine their hope with SCOTUS’s apparent support of gerrymandering, and we can practically guarantee that our democracy is dying.

And here’s a cartoon that can’t wait until Sunday:

Sorry to be so negative on your Saturday morning. We need to drop this, at least for a little while, and find some way to get a little soothing going. Start by brewing up a vente cup of Laderas del Tapias coffee from Barrington Coffee Roasting Co. in Lee, MA ($21.95/12 oz.), with its chewy fruit flavors of blackberry, plum, and apple. Bostonians can visit their store on Newbury Street.

Head outside to a shady spot. Now, listen to Hugo Alfven’s Swedish Rhapsody No. 1: “Midsommarvaka” (midsummer vigil), written in 1903.  It is performed by the Iceland Symphony Orchestra, conducted by Petri Sakari. The section from ~5:45 to ~9:00 is particularly beautiful:

Percy Faith had a US Top 30 hit with a selection from it in 1953, so it may sound familiar to older readers.

Those who read the Wrongologist in email can view the video here.

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Saturday Soother – June 23, 2018

Apologies for the lack of posts, but it wasn’t a good week at the Mansion of Wrong. We said goodbye to Ms. Right’s favorite dog, the 15 year-old Havanese, Tuxedo. Tux lost his two-year battle with congestive heart failure. He was a brave little boy right to the very end. I think sometime in the future it might be a good idea to surprise Ms. Right with a new Havanese puppy, I might do some research into other crosses such as the bichon havanese or others that Ms. Right will instantly fall in love with.

Here is a picture of Tux when he was young, with his favorite yellow ball:

Tuxedo in California – 2007 photo by Wrongo

All in all, another week filled with big issues: Toddler care by government contractors, a real trade war, and the World Cup without a US team. But let’s focus on small, but significant indignities. From Thursday’s Bangor Daily News:

US Customs and Border Protection agents set up a checkpoint Wednesday on Interstate 95, stopping drivers and asking them questions about their citizenship before letting them proceed.

Agents set up cones narrowing the highway to one southbound lane, and then asked vehicle occupants about their citizenship. One agent was quoted as saying:

If you want to continue down the road, then yes ma’am. We need to know what citizen – what country you’re a citizen of…

When questioned about what would happen if a driver declined to answer, he said the car would only be able to keep going if, after further questioning and in the agent’s judgment, “the agent is pretty sure that you’re US citizens.”

These same border agents perform immigrant checks at Maine bus stops, where agents have been captured on video asking riders about their citizenship. More from the Bangor News:

In recent months, the bus stop checks have come under fire from the Maine American Civil Liberties Union, which is suing the federal agency for records to learn more about the practice. Lawyers for the Maine ACLU said they have questions concerning “the intrusive operation,” and whether it infringes on the Fourth and Fifth Amendment rights of bus passengers.

The Bangor Daily News quoted attorney Emma Bond:

People have the right to be free from unreasonable searches and seizures, whether at a bus station or on the road.

Bill of Rights? We have no stinkin’ rights where Homeland Security is concerned. The tradeoff is to accept that immigrants, or possibly, terrorists, could make their way into the US from the enemy outpost of Canada. They could be infiltrating America.

For that, we are giving away the Constitution.

This isn’t some abstract abuse of internet privacy rights, these are uniformed federal government agents rousting people to produce their papers. Americans shouldn’t be required to answer questions about their comings or goings, unless law enforcement has probable cause to believe a violation of the law has occurred.

Stopping people for no reason is against the Constitution. It must be called out, and should be stopped immediately. We should not have to answer to anyone while driving down the roads our taxes pay for.

These are shock troops, exercising government power in a direct, one-on-one way. Let’s close with a cartoon that can’t wait until Sunday to be seen:

Another tough week. Unplug from the web and social media, it’s a time to cherish those closest to us, and to spend a little time away from the world.

Start by brewing a vente cup of Nicaragua Jinotega (Dark Roast) coffee ($13/12 oz.) with its bold and toasty notes, from Connecticut’s own Sacred Grounds Roasters.

Take your hot steaming cup outside, where you can hear the birds singing, maybe hear a distant lawn mower, and get comfortable. Now, listen to Aaron Copland’s “Quiet City” with solo trumpet by Winton Marsalis, backed by the Eastman Wind Ensemble. It is from the album, “Works by Copland, Vaughan Williams, and Hindemith“:

Now, let go of another pretty difficult week.

Those who read the Wrongologist in email can view the video here.

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Saturday Soother – June 9, 2018

The Daily Escape:

Rakotz Bridge, Kromlauer Park, Germany via @archpics

With the press busy mourning the deaths of Kate Spade and Anthony Bourdain, you probably missed a couple of news stories about press freedom.

First, on Thursday night, the DOJ unsealed an indictment of James Wolfe, the long-time Director of Security for the Senate Intelligence Committee. Wolfe, a former Army intelligence analyst, had worked for the committee in a nonpartisan capacity for nearly 30 years. He is accused of one count of false statements to the FBI. The indictment alleges that he lied about his conversation with four journalists, Ali Watkins of the NYT, and three others.

The NYT revealed that Watkins, who had a three-plus year relationship with Wolfe, has had years of her communications subpoenaed. The DOJ obtained her subscriber information, and additional information from her phone.

The subscriber information that can be obtained by the DOJ is invasive. It includes your name, financial and other contact information, and IP and device addresses that allow them to map out all the communications a person uses.

It gives the government all of a journalist’s sources.

And the DOJ also sought and received Ali Watkins’ her email from when she was an undergraduate at Temple. She graduated in 2014. She broke her first national security story as a senior in college, so perhaps her school emails are relevant to the government’s investigation.

But this breach of the reporter/source privilege needs to explained. The government must delineate the boundary of what is, and isn’t acceptable in terms of vacuuming up a reporter’s source information.

It is important that counterintelligence sources and information be kept secret. James Wolfe’s motives are unclear, since he shared information with other reporters that he wasn’t having an affair with.

As of now, we don’t know if there was actual damage to an investigation.

The second item is the report, originally in April, that the Department of Homeland Security (DHS) intends to list and track  290,000 news outlets, journalists, bloggers, and influencers following select news stories. Their intent is to share those data with federal, state, local and private partners.

Naturally, there was pushback by news organizations, enough for the DHS’s Tyler Houlton to say:

Sure. Only a crank could possibly have an issue with one of the least transparent government agencies, the one with an Orwellian name, tracking and cataloging journalists. This amounts to mass monitoring of the press by the state.

So, two attacks on press freedom by the Trumpets, one by DOJ, and the other by DHS.

Remember, the government now has virtually unlimited processing power, bandwidth, and storage, and with that: Anything that can be monitored will be monitored.

This wasn’t feasible in the past, but now it is. We are at the point when privacy, as we have understood it in America, is over. For most of our country’s first 200 years, the government accepted that reporters would never reveal their sources, and by and large, no prosecutor and no judge would force them to try. It was a sacred protection guaranteed by the First Amendment.

Well, that’s changed. And it isn’t just the hard right bunch currently running the country. They are building on the efforts by Obama’s DOJ to seize journalists’ emails using the Espionage Act, to increase surveillance pressure on journalists and prosecute leakers of classified secrets.

It will take another court case similar to the Pentagon Papers to stem this undermining of press freedom. Good luck with that, given the current and likely future makeup of the Supreme Court.

Trump must respect and obey the First Amendment, in its entirety. The First Amendment is the core of our free society. Most whistle blowers are heroes.

This is how freedom is lost a little at a time, until one day we’ll wake up and find out that we’re no longer free. Technology has made Big Brother possible, but it is Congress that has made it legal.

Only pushback from freedom loving citizens will prevent it.

Wow! We really need a Saturday soothing. So, get off the couch, and brew up a cup of Kiniyota Espresso by Madison, Wisconsin’s JBC Coffee Roasters. It is produced entirely of the heirloom Bourbon variety of Arabica. Then, taste its rich notes of stone fruit and dark chocolate ($17.60/12oz). Now, sit outside, hopefully in a shady spot, and listen to the Viola Concerto in G major by Georg Philipp Telemann. It was probably composed in 1715. It was the first concerto for Viola. Here, it is played by Midwest Young Artists Conservatory:

Someone said that the viola is like the cream in an Oreo cookie; sweet and creamy, while holding the top and the bottom together.

Those who read the Wrongologist in email can view the video here.

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Monday Wake Up Call – May 7, 2018

The Daily Escape:

Banff, Alberta, Canada – 2018 photo by erubes1

If you attend a demonstration, and the person marching beside you throws a rock, are you responsible for the damage? According to prosecutors at the DOJ’s Washington, DC office, the answer is yes, you are.

On January 20, 2017, 230 people were arrested in Washington, DC while protesting Donald Trump’s inauguration. More than 200 faced felony charges under a federal riot statute. A small group of defendants were acquitted, and in January, prosecutors dropped charges against 129 people. However, 59 people still are charged with crimes.

Rolling Stone gives some background: (brackets by Wrongo)

Trump’s inauguration on January 20th, 2017 drew a number of protests…but the “anti-capitalist and anti-fascist march,” now widely referred to as “J20” (a reference to the date of the protest) garnered the most attention. The protesters were primarily dressed in black…Protesters and others there to report on or observe the protest left DC’s Logan Circle as the inauguration ceremony began, and soon thereafter, several individuals broke off from the larger black-clad group and smashed the windows of a several storefronts. [And a limousine]

In response to the destruction of property, DC police arrested 230 people. Six went to trial and were acquitted in December. Australia’s Sydney Morning Herald carried this quote from Assistant US Attorney Jennifer Kerkhoff from the trial of the six:

We don’t believe the evidence is going to show that any of these six individuals personally took that crowbar or that hammer and hit the limo or personally bashed those windows of that Starbucks in…

Yet, she still argued that they all should be convicted of crimes punishable by up to 61 years in prison. Kerkhoff’s theory relates all protest activities within a legal concept called the Pinkerton rule, which allows the legal system to charge you with a crime for aiding and abetting the commission of that crime, even if you didn’t directly do it yourself.

The J20 cases show that the right of dissent is facing a broad legal challenge. What’s new is not that a lot of people who were protesting got arrested enmasse, we’ve seen that for decades. What’s alarming is that so many people were charged with felony conspiracy to riot, which is unprecedented.

America is now seeing how the line between what is defined as a protest and what is a riot is arbitrary, and is entirely up to the police and prosecutors to define.

The problem isn’t confined to DC. Shadowproof reports that:

Across the US, almost 60 bills have been introduced in Republican-controlled state legislatures since Trump’s election broadening the definition of rioting or increasing penalties for protesters found to have broken the law.

These efforts by legislators and prosecutors are important and chilling. Think about how easy it is at a protest for violence or window-breaking to be done by a person who is not part of the protesting group. Possibly sent by an opposing group, or even by law enforcement, specifically to discredit the protest.

Now, nobody should defend goons who break windows and set cars on fire at rallies or marches. But the rest of us who are protesting cannot be deemed guilty of the same crimes.

These are old tactics, returning in new, improved forms. Implementing these new laws could lead to unintended consequences. Under the 1949 4th Geneva Conventions, collective punishment is a war crime. And the Additional Protocol II of 1977 explicitly forbids collective punishment in local situations.

But, isn’t this what the police and prosecutors are doing?

Time to wake up America, before we lose the few rights we have as citizens!

It should be shocking that this story isn’t being covered by the US mainstream media. And it is shocking that 60 people, many of whom were not conspiring to riot may go to jail. We must elect representatives who have an understanding of the First Amendment.

To help you wake up, here is “I Ain’t Marching Anymore” by Phil Ochs from his 1965 LP:

Those who read the Wrongologist in email can view the video here.

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The Nunes Memo, and the Coming Purges at the DOJ

The Daily Escape:

Hrafnabjargafoss waterfall, Iceland – 2018 photo by aryeh95

The problem with a made-by-hand blog like The Wrongologist is that we are always 24 hours behind the current news cycle. This is written in the late Tuesday afternoon prior to Trump’s 9 pm EST State of the Union (SOTU) pitch to America. Raul Ilargi has as good a forecast as any:

Donald Trump will be gloating from ear to ear, but he’ll be subdued – by his standards. Expect perhaps $1 or even $1.5 trillion in infrastructure spending to be announced, plus an immigration plan that gives Democrats much of what they want in exchange for some of the things Trump wants, as well as more on trade surpluses and deficits. The Democrats will attempt to turn it into a circus of sorts by bringing guests, and they will fail.

Indeed, a circus. One Republican Congresscritter, AZ’s Paul Gosar, just asked the US Capitol Police and the Department of Justice to “consider arresting any illegal aliens in attendance”, knowing that some Democrats have invited Dreamers to watch whatever Trump says about immigration.

Perhaps Trump will stick to reading the teleprompter, and the pundits will fall over themselves to say “how presidential!”

Overhanging the SOTU is the tangled web of the Russian investigation. This week, the resignation of the FBI’s Deputy Director Andrew McCabe and Congressman Devin Nunes’ (R-CA) memo are top of mind. Nunes is the Chair of the House Intelligence Committee. He appears to have taken actual information about the FBI investigation of the Trump campaign and has written a memo claiming that the investigation was based on bad information. He goes on to intimate that if they’re investigating Trump, that proves they are biased against him.

Specifically, we have learned that Nunes claims that approving a FISA warrant against former Trump adviser Carter Page is ipso facto, an abuse of power, and proves that Deputy Attorney General Rod Rosenstein, another Republican, is biased, and out to get Trump.

Long-time readers know that Wrongo is agnostic on whether the Russians’ interference in the 2016 election had any impact. And he doubts that collusion by the Trumps or his campaign is provable.

Saying Trump’s guilty until proven innocent is easy and convenient for Democrats, but only Mueller can make a case, and he hasn’t said anything yet.

The NYT reports that the Nunes memo singles out Deputy AG Rosenstein for approving the continuation of surveillance of Carter Page, whom law enforcement and intelligence officials suspect may have been acting as an agent of the Russian government. The NYT notes:

The reference to Mr. Rosenstein’s actions in the memo…indicates that Republicans may be moving to seize on his role as they seek to undermine the [Russia] inquiry.

Why? Because only Rosenstein can fire Mueller. Release of the Nunes memo may well be designed to give Trump the high-altitude air support he needs to order Attorney General Jeff Session to fire Rosenstein.

The firing of Rosenstein is their strategy to get Mueller. Trump seems to believe he can’t fire Mueller outright, so they are going about it in an indirect way. They want to replace his boss with someone who can rein in the investigation and hopefully, keep the White House apprised of all developments so they can get ahead and stay ahead of the investigation.

They might get away with it. The question will be if the people they replace them with are honest citizens.

We are staring down the barrel of a Constitutional crisis similar to when Nixon got Robert Bork to fire Archibald Cox. He then appointed Leon Jaworski, a very conservative Texas prosecutor, who by all accounts went into it thinking the president was being railroaded.

That didn’t work out as Nixon planned.

Enjoy the SOTU.

Then get some popcorn and see if the purges start at the Department of Justice. If the purges begin, drop the popcorn, and pick up your pitchforks and torches.

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