Sunday Cartoon Blogging – June 12, 2022

The WaPo reports that Facebook is allowing marketplace buyers and sellers to violate its ban on gun purchases 10 times before being kicked off the platform. They reported that Facebook’s guidelines also include a five-strikes system for gun sellers and buyers who call for violence or voice support for a “known dangerous organization” before they lose Facebook access.

Five years ago, Facebook banned the private sale of guns on its website but it hasn’t previously explained how the company enforces the ban. Apparently, they really don’t. On to cartoons.

The GOP’s #1 strategy:

GOP strategy #2:

Kids understand:

Liz Cheney, another guided missile:

Wrong argument in the wrong court:

Twisted logic by Republicans who defied the J6 committee:

FOX knows its audience:

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Saturday Soother, Inflation Edition – June 11, 2022

The Daily Escape:

Blackfish Creek, Wellfleet, MA – June 2022 photo by Jo LF

Wrongo and Ms. Right are on the road again, this time on Cape Cod visiting family. So this column will be brief. We saw on Friday that the Bureau of Labor Statistics gave us more bad news, that inflation jumped higher in May. That caused the Dow to decline by 880 points or about 2.7%.

From the Bondad blog: (parenthesis by Wrongo)

“People who were hoping inflation would abate did not get the news they wanted from the May CPI. Consumer prices rose 1.0% in that month alone. Inflation less energy rose 0.7%, and “core” inflation less food and energy rose 0.6%. On a YoY (year over year) basis, prices are up 8.5%, tied for a multi-decade high with a few months ago. Core prices are up 6.0%, down slightly from their February and March peak…”

Bondad says that this means that the Fed will continue stomping on the brakes. The big question is whether the Fed can engineer a relatively short and gentle recession, perhaps in 2023. Or whether instead, they engineer a good, old-fashioned “bust” that hurts all of us.

A recession happens when the economy contracts for two successive calendar quarters. In the first quarter of 2022, GDP declined 1.6%. If we see a similar result for the second quarter, this will meet the classic definition of recession.

Will that happen in 2022? Maybe. Will it happen in 2023? Probably. It is highly unlikely that the Fed’s actions alone will bring aggregate demand down to normal levels relative to supply.

Republicans are messaging that it’s the Biden administration’s fault that inflation got out of control. But if you remove politics from the equation, the reasons are the pandemic’s severe global economic impacts, and the efforts by both the Trump and Biden administrations, along with the Fed, to stimulate the US economy.

The stimuli led to a booming economy, even though it didn’t help everyone. The Fed’s inability to react quickly then left them behind the curve. Russia’s invasion of Ukraine created an oil shortage, that pushed gasoline prices even  higher.

The complex causes of our current inflation doesn’t lend itself to either Party presenting workable solutions in the short term. And they certainly can’t do that by using sound bites. And you shouldn’t expect the media to either provide both sides of the argument, or to detail what’s being offered to solve the problem.

After all, we’re in an election year.

Wrongo will wait a few more days before saying much about the J6 public hearing. We didn’t get to see much of it, but the WaPo says that about 19 million people watched the first public hearing. The preliminary data come from Nielsen and do not include the millions more who watched the hearing on streaming apps or social media, where a few clips of the testimony went viral.

The Post also provided some context, comparing the viewership of this hearing to Watergate and to Trump’s first impeachment:

“….some 71% of Americans told Gallup that they watched some of the Watergate hearings live back in 1973, the first televised hearing of Donald Trump’s first impeachment trial drew only about 13 million viewers in 2019…”

It’s time to let the millions of words about the hearing slip from your mind, and to get yourself into a place of calm reflection. That means it’s time for our Saturday Soother. We’re here on the Cape trying to do just that. The weather so far is fantastic. And we’re scheduled for dinners at two fabulous restaurants over the next two nights, in both cases, eating outdoors.

So, take a few minutes to center yourself by grabbing a chair outside, putting on your wireless headphones and listening to Lili Boulanger’s “D’un matin de Printemps” (On a spring morning). Lili wrote this piece in 1917 when she was 23. Boulanger was a child prodigy, but she battled bronchial pneumonia throughout her short life, dying a year later at age 24.

Here is the piece played in 2017 by the Chicago Youth Symphony Orchestra, conducted by Allen Tinkham at Orchestra Hall, in Chicago:

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Some Factors Affecting The Mid-Terms

The Daily Escape:

Before dawn, Kennebunkport, ME – June 2022 photo by Eric Storm Photo.

Even though the first public hearing about the Jan. 6 attempted coup happened last night, Wrongo doesn’t intend to write about them for a few days. The hot takes are all over the media, and it’s doubtful that we will know much about how the public is reacting for a few weeks. Once again Wrongo cautions that the media will cover this like a political contest when it isn’t. It really is about the health of our democracy.

And did you realize that only 21% of Americans over 18 read a newspaper every day? Cheryl Russell of Demo Memo has statistics from the General Social Survey showing how precipitously newspaper readership has fallen. She says that in 1972, 69% of the American public read a newspaper every day:

“Now, the share of adults who never read a newspaper (40%) is far greater than the share who read a newspaper daily. Fully 57% of the public reads a newspaper less than once a week…”

This also has implications for how broadly the findings of the Jan. 6 committee will be shared. As does the fact that FOX won’t be airing the hearings and plans to counter-program with GOP members of the House and Senate presenting real-time disinformation as the facts are aired.

Speaking of not knowing the facts,  YouGov reports on an economic survey showing that seven out of 10 Republicans think we’re currently in a recession. More than half of all independents and 43% of Democrats also think the same. They sampled about 1,500 US adults online between May 28 – 31, 2022, with a margin of error of ± 3%. Here are the results:

How can we be in a recession when our unemployment rate is at 3.6%? When wages are up 5.6% over the past year, and consumers still are spending money like crazy?

People may believe we’re in a recession, but the US economy added 1.2 million jobs in the past three months. Yes, inflation is the highest it’s been in 40 years, but higher gas and food prices don’t mean we’re in the midst of an economic slowdown. Maybe the survey was poorly worded, or maybe, since people really never read in depth about what’s really going on in America, they never learn what’s really happening. This will be very damaging to the Democrats’ mid-term chances.

Next, you may have heard that there was a “political earthquake” in the California primaries, that Dems did poorly because of the “crime” issue, and that will hurt Democrats all across the nation.

A recalled San Francisco District Attorney didn’t cause an earthquake, and neither did a Republican-turned-Democrat’s advancing in the LA Mayor race. Former Republican and billionaire Rick Caruso spent $40 million on his mayoral primary! His opponent, Karen Bass, spent $3 million on her campaign. He won the primary by 3 points, although she is the likely winner in November.

What WAS an earthquake was the anemic voter turnout. Only about 19% of California’s registered voters actually voted.

There was no sign of an anti-Democratic wave in CA. Candidates from both parties that were expected to make the general election did so. Probably the weakest performances by incumbents were posted by Republicans David Valadao and Young Kim, who struggled to defeat challengers running to their right. In particular, Valadao, who voted to impeach Trump, appears to have advanced to the general election.

And in CA-41, moderate Democrat Will Rollins advanced to the November election against Republican incumbent Ken Calvert, who voted to overturn the 2020 election results. Rollins has a decent chance to win in November in what is a 50-50 district.

Finally, Larry Sabato reports on the redistricting landscape now that most state redistricting is complete:

  • The total number of competitive districts has declined from 84 to 75.
  • The number of super-safe Republican districts (those where Biden won 40% or less) increased from 112 to 131.
  • The number of super-safe Democratic seats, 127, while similar to the Republican total, is down slightly.
  • There are 211 seats where Biden received 49% of the vote or less, and 202 seats where he won 53% or more.

Sabato’s Crystal Ball rates Republicans having 214 seats as safe, likely, or leaning Republican. That means that if they hold those seats, they are just four additional seats from controlling the House. They rate the Democrats as having 193 seats as safe, likely, or leaning Democratic.

That means if both Parties hold serve, there are just 28 seats in play in the 2022 mid-terms. For the Democrats to retain control of the House would require them to win 25 of those 28 seats.

If the Dems want to retain control of the House, what message should they be telling voters who: a) Don’t read newspapers; b) Think the economy is crashing; and c) Fail to turn out in Democratic and Independent-leaning Congressional Districts?

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How Democrats Should Message The Midterms

The Daily Escape:

Sunset along the Last Dollar Road (from Telluride to Ouray), CO – photo by Rich Briggs Photography

Democrats are messaging like mad about the Jan. 6 attempted coup public hearings that start tomorrow. The NYT is asking whether the “Jan. 6 Hearings Give Democrats a Chance to Recast Midterm Message.”

The NYT thinks the real question is whether the “message” of the Jan. 6 hearings will “resonate” with voters. We know that the Republicans now deny that Jan.6 was an attempted coup. We know that the Big Lie, the Great Replacement Theory, and the idea of the Second Amendment uber alles, are mainstream views of the GOP. The Times shouldn’t be covering the mid-terms and the hearings as if they are sporting events – the future of the American experiment is on the line.

Along the way to becoming a Party that totally supports violence, for years, Republicans have been a Party of Senators who do nothing to solve America’s problems.

And it isn’t simply their position on government spending. Once upon a time, Wrongo considered Republican concerns about government spending and budget deficits a serious viewpoint. But since they give tax cuts to the wealthy and to corporations whenever they’re in power, they have lost all credibility on spending.

Under Republican rule, the US left the international consortium to blunt climate change. They walked away from an Iran nuclear deal that leaves the world in a much less safe place. They politicized the pandemic and mocked efforts by public health officials to prevent Covid from becoming the endemic disease it is today.

Going back five decades, they steadfastly opposed national health insurance for the millions of Americans who had none. Their opposition continued by causing the Clinton plan for health insurance to crash on takeoff. Republicans fought the ACA during the Obama administration, although it passed without a single Republican vote in 2010. They fought to overturn it throughout the Trump years.

Today, the Senate is in a position to act on multiple measures, including gun control, that would improve the lives of millions of Americans. They could vote tomorrow. But they won’t because neither Party can muster a filibuster-proof majority in the Senate.

The 2022 mid-terms provide a moment for all Americans, including Democrats, Independents, and a few Republicans to do some serious soul searching. They need to answer the question: Do you want a government that does nothing or a government that tries to solve problems?

Do you want to elect representatives who despise government, or do you want men and women who bring informed views and respect for our Constitutional democracy to the House and Senate?

Wrongo was in high school when the book “Profiles in Courage” came out. It was ghost-written for then-Senator John Kennedy (the original JFK, not the current empty suit from Louisiana). The book profiles Senators who defied the opinions of their Party (and constituents) to do what they felt was right. Most of them suffered severe criticism and losses in popularity because of their actions.

Today, no one expects to see a Senator of either Party act solely on the basis of moral courage. It is a terrible shame that it takes more courage for a politician to say or do the right thing than they can muster.

But there’s no public mandate for do-nothingism. And the structure of the Senate empowers a minority who doesn’t want anything to get done. When legislators refuse to legislate, they’re telling the American people that they couldn’t care less about urgent issues like gun violence, fair wages or voting rights.

They’re happy to sit on their hands despite Americans needing their help.

This is anti-democratic. If there was strong public support for do-nothingism, at least our governing institutions would reflect public opinion. But the Senate doesn’t reflect what the public wants.

The Senate has changed drastically since its “Profiles in Courage” days. It was conceived as the body that would cool the passions of the House and consider legislation with a national perspective. But today, the Senate has become a body that shuns debate, avoids legislative give-and-take, proceeds glacially, producing next to nothing.

Wrongo worries that in the mid-terms, Democrats will run mainly against the Big Lie, and their sparse record of legislative achievements. They should run against the “Do Nothing Republicans” in the Senate.

The Democratic Party is more diverse ideologically than the Republicans. This is a messaging challenge for them. The Republican’s coalition is narrower. It’s more ideologically homogenous. Given the Senate’s skewed geography, Republicans need only appeal to their base and little else, to succeed. That allows them to use simpler messages.

In “The Cause, The American Revolution and its Discontents, 1773-1783” by Joseph Ellis, he says that before the revolution, colonists didn’t think of themselves as Americans. They described their fight for independence as “The Cause”, an ambiguous term that covered diverse ideas and multiple viewpoints. It succeeded in unifying them against the British.

Running against “Do Nothing” Republicans would also use an ambiguous term covering multiple viewpoints. It would allow Democrats to move away from the idea that they have to sell a wider array of ideas to a wider group of voters.

It might also energize both Dems and Independents at a time when they are dispirited.

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Monday Wake Up Call – June 6, 2022

The Daily Escape:

St. John’s Bridge, Columbia River, OR – June 2022 photo by David Leahy

In The American Prospect, Alexander Sammon asks a really big question: Why Are Police So Bad at Their Jobs? Sammon points out:

“Cops nationwide can’t stop crimes from happening or solve them once they’ve occurred.”

According to data published by the FBI, the rates at which police forces are solving crimes are at historic lows. In the case of murders and violent crime, clearance rates have dipped to just 50%, a startling decline from the 1980s, when police cleared 70% of all homicides.

We know that murders have increased since 2019, and violent crime (broadly defined), has also inched up over the same period. OTOH, property crimes are down, contrary to what Republicans and their Party’s news outlets would have you believe when they obsessively show videos of LA, San Francisco, and Portland.

And all crime, including the murder rate, remain well below 1990 levels. Sammon points out that crime today is much more distributed geographically than before. It used to be that Los Angeles and New York accounted for 13.5% of all murders nationally; now it’s only 4%.

While crime clearance rates have dropped to all-time lows, police budgets have reached all-time highs. In the business world, we would say that the marginal dollar of investment is producing a negative return compared to the forecast. In the business world, that gets you fired. Sammon quotes University of Utah law professor Shima Baradaran Baughman:

“Increases in police officers or police budgets have not been shown to reduce crime or make us safer.”

And clearance rates can be easily manipulated. They are not a proxy for crimes that have been solved since they equate to arrests. More from Baughman:

“All they tell us is whether there has been an arrest made in a case…not whether that person is actually ….eventually convicted of the crime…”

He says that convictions are a better measure of whether a crime was actually cleared, and those numbers are substantially lower than the already abysmal national clearance rates.

The Guardian points out that proponents of increasing police budgets argue that more law enforcement is the solution to more violence. But Samuel Sinyangwe, a policy analyst who founded Mapping Police Violence and Police Scorecard, notes that:

“…fewer than 5% of arrests nationally are for serious violent crimes. And research has shown that when police forces expand, there are more arrests for low-level offenses…”

Since the 2020 Black Lives Matter demonstrations call for police budgets to be defunded, not a single major American city has slashed its police funding. In fact almost all of them have increased spending on their police forces. Biden released a budget proposal for an additional $30 billion in law enforcement and crime prevention efforts, including funding to put “more police officers on the beat”.

America needs to answer the question of why police departments haven’t been able to convert increasing budgets into more effective crime-solving.

Meanwhile, the Uvalde murders underscore police forces’ inability to prevent crime from happening and/or stop them in progress. We’ve been slow to get the real story from the local police, but it’s clear that the police response to the shooting in progress was shameful.

While record police budgets aren’t keeping crime from happening, there’s some evidence that more resources in investigative work might improve clearance rates. But today’s police budgets prioritize presence on the streets instead.

The problem is that police reform is really hard. There are what appear to be intractable cultural issues within departments. The police unions need to be brought to heel. More accountability is a necessity. And their relationships with the community are terrible. If you suggest that your town or city shift some law enforcement resources to support the social work aspects of the job (thereby freeing cops to focus on actual law enforcement), you will be accused of wanting to “defund the police”, and the idea will die.

Time to wake up America! Both Democrats and Republicans want police budgets to grow. But neither have any answers as to how incremental dollars will help make the police more effective at their jobs! Progressives have been scapegoated by Republicans for their anti-police funding attitudes, but they’re the only political group saying we shouldn’t continue throwing more good money at a failed solution.

It’s a fact that our police departments aren’t solving crimes, despite devoting larger and larger sums to them. And heavily policed communities have good reason to continue to mistrust police involvement, thereby also depressing case closure rates. Failing to solve crimes only adds to that; why would marginalized communities respect a police force that doesn’t do its job particularly well?

To help you wake up, watch and listen to Rob Hustle’s 2021 rap, “Call the Cops”. It’s a lyric video:

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Sunday Cartoon Blogging – June 5, 2022

Since 2019, more than 4,500 children have been shot to death in the US, according to the Gun Violence Archive. That’s about the same number as US military members killed during the 17 years of the Iraq War.

The supporters of permissive gun laws say that an armed society is self-regulating. That we should be able to keep weapons out of the hands of the wrong people. And when we can’t, a law-abiding gun owner will be nearby with their gun to stop the bad guy, wherever they appear.

But life isn’t such a simple binary. And because America has allowed the unlimited proliferation of weapons, we know with certainty that when the switch flips, people will die.

If that is the cost of freedom — if our liberty demands the occasional massacre, including of innocent children — then Republican politicians need to make that case to the rest of us. On to cartoons.

Mental health is only the tip of the iceberg:

Causes of kid trauma are in the eye of beholder:

The “well-regulated militia” isn’t regulated at all:

GOP wants teachers to defend themselves but not think for themselves:

So much misunderstanding:

Anatomy of a hunting gun:

 

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Saturday Wake Up Call – June 4, 2022

The Daily Escape:

Curtis Island Lighthouse, Camden, ME – May 2022 photo by Daniel F. Dishner

Wrongo and Ms. Right are in Pennsylvania for the weekend. A highlight of this trip will be a visit to Longwood Gardens, after which we’ll return home and berate our gardens for their unworthiness. But since we’re in PA, let’s spend a few minutes on their Republican Senatorial primary.

The two leading Republican candidates are using the current debate on gun control as campaign fodder. Former hedge fund CEO David McCormick can be seen in this campaign video shooting a hunting rifle he says he used as a teenager. Next, he picks up a rifle he says he used at the US Military Academy and fires. Then he shoots a semiautomatic assault rifle similar to one he says he used in Iraq.

His competition in the Senate primary, television personality and surgeon Mehmet Oz, has a gun video too. He loads a shotgun and shoots. Then he shoots a semi-automatic pistol. He closes with an AR-15 style rifle. During the clip, he says:

“When people say I don’t support guns? They’re dead wrong,”

These guys have spent millions and months trying to showcase their conservative bona fides to PA’s GOP base voters while attempting to head off skepticism about their elite backgrounds on Wall Street and in Media, respectively. Part of their strategies involved commercials showing them shooting guns. Basically, they are saying to PA voters:

“Hey everyone, I can shoot a gun! Vote for me because I will do nothing to help you in Washington!”

Since we are already reeling from the ongoing and deadly mass shootings, should Republicans glorify the use and ownership of firearms that are weapons of war?

Let’s spend a minute on the current gun culture in America. Despite what Republican politicians say, guns are not a passive defensive tool like a bullet proof vest. They won’t stop a bullet coming at you. Guns are an active, offensive weapon. This active, offensive role of the “virtuous person with a gun” appeals to Republican men who say real men want to actively respond to threats to their property and their families.

The Republicans are pushing to get more guns in schools following the Uvalde shooting. This is the only kind of “do something” action that the Republicans can get behind. It follows the premise that people with guns in school will be able to put down active shooters before they kill kids.

This flies in the face of the facts. That didn’t happen in Uvalde, or in Parkland Memorial in Florida, or in many other places. In the majority of school shootings, the incident ends with unarmed people tackling the shooter. But Republicans will keep saying that armed guards are “deterrents,” even though this isn’t supported by facts. Candidates in both parties have used guns as a campaign prop, but lately, the images have become intentionally provocative in Republican advertising. Their messages convey a cultural and political solidarity more powerfully than most anything else, according to Republican strategists.

Wrongo knows it’s Saturday, our time to chill, but today, it’s time to wake up America! These ads create a dangerous impression that assault-style firearms are casual tools rather than dangerous weapons. They shouldn’t be used to grandstand at Starbucks on the  weekend.

To help you wake up, spend a few minutes celebrating the life of Ronnie Hawkins, a rockabilly singer who helped create and launch The Band. He died this week. From Robbie Robertson:

“Ronnie Hawkins brought me down from Canada to the Mississippi delta when I was 16. He recorded two songs I’d written and thought I might be talented….Ron prided himself in always having top notch players in his group. Levon Helm was his drummer in the Hawks and I talked Ron into hiring Rick Danko on bass and vocals, Richard Manuel on piano and vocals and Garth Hudson on organ and sax. Along with Levon and me this became the magic combination.

Ronnie was the godfather. The one who made this all happen. After the Hawks left Ron and went out on our own, we joined up with Bob Dylan. Next the Hawks became “The Band” and the rest is history….All starting out with Ronnie Hawkins.”

There are tons of Ronnie Hawkins videos out there. Here’s one from the 1978 epic “The Last Waltz” a documentary film by Martin Scorsese, capturing The Band’s last performance. Ronnie Hawkins was invited back to participate in covering Bo Diddley’s tune “Who Do You Love?”:

Ronnie Hawkins has the greatest rock & roll quote ever:

90% of all the money I’ve ever had in my life I spent on women, booze and drugs. The other 10% I just blew.”

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Jan. 6 Committee To Hold Public Hearings

The Daily Escape:

Sunset, Seal Rock, OR – May 2022 photo by Mitch Schreiber

The House Select Committee investigating the Jan. 6 attack on the Capitol will hold six public hearings starting on June 9 and running for two weeks. TPM reports that some sessions will be aired during prime time, and others during the day. The televised hearings aim to give us a more complete story of what happened the day of the Capitol riot and what led up to it. They should dominate the national conversation right up to November’s midterm elections.

Six hearings. The Senate Watergate committee held 51 public hearings, over six months. And they began hearings within a year of the June 1972 arrests for the Watergate burglary. The Senate created the committee in February of that year; the hearings began in May. President Nixon resigned on Aug. 8, 1974.

Are these hearings similar to Watergate? Margret Sullivan in the WaPo doesn’t think so:

“The nation that came together to force a corrupt president from office and send many of his co-conspirator aides to prison is a nation that no longer exists.”

She goes on to say that the Select Committee’s June hearings won’t be all that visible:

“I’m willing to believe that the hearings will be dramatic. They might even change some people’s minds. But the amount of public attention they get will be minuscule compared with what happened when the folksy Sen. Sam Ervin (D-NC) presided over the Senate Watergate Committee.”

Martin Longman compares today with Watergate: (brackets by Wrongo)

“…more than two years elapsed between the discovery of the [Watergate] break-in and Nixon’s fall from grace. It has now been almost a year and a half since the failed coup attempt of January 6, 2021. We’re a bit behind schedule because the televised Watergate hearings began a mere 11 months after the initial arrests were made.”

Another difference was that in 1972, people went to the polls less than five months after the Watergate burglary was discovered. And Nixon was reelected in a landslide over George McGovern. This time around, it’s 18 months after the Jan. 6 event, and we still haven’t had national elections.

When people went back to the polls in November 1974 after Nixon had been run out of office, the Democrats netted four US Senate seats and 49 seats in the House. This time around, before they vote, people should have a very clear idea of what led up to Jan. 6, as well as what happened on the fateful day.

We need to remember that Watergate showed us that evidence of criminality wasn’t enough to turn the public decisively against a presidential contender. The criminality must be proven and demonstrated in a high-profile way in order to overcome the more general political considerations of the electorate.

Nixon’s lies were eventually exposed and the Republicans paid a hefty price. But only after the public Watergate hearings.

This means that there’s a lot of pressure on the Jan. 6 Committee. And their job is harder because most Americans no longer watch television. It’s likely that a small percentage of voters will watch the hearings, while a substantially higher percentage will see the most explosive parts in viral clips on the internet.

Finally, our political environment has changed for the worse in the past 48 years. While most Republicans defended Nixon at the start of the Watergate investigations, they accepted the legitimacy of the investigatory committee, and ultimately, turned against Nixon when the facts were clear.

This time, Republicans are attacking the committee as illegitimate and partisan. That means the evidence won’t be broadly accepted in their Party. In 1974, there came a time when Republicans would no longer defend Nixon.

If the current Select Committee does its job well, accusations that it is partisan will not be meaningful either to Independents, or to 10%-20% of Republicans who see the Jan. 6 coup attempt for what it was.

The stakes are high: The crimes of Jan. 6 are more serious than the Watergate crimes. An effort to overturn an election is more serious than an effort to cheat during an election. And most importantly, Trump, unlike Nixon, could run for president again (Nixon had already been elected twice).

While the Committee will eventually publish a report laying out their findings, they should immediately recommend that the DOJ pursue criminal cases and provide the DOJ with all relevant evidence.

As with Watergate, indictments should be doing the talking about the Jan. 6 crimes. In January, AG Merrick Garland said that the department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” Remember that the DOJ has a policy of not bringing indictments prior to an election, so time is of the essence for America’s phantom AG.

It’s critical to act now. The American people need a clear picture of what happened and who is responsible.

That will give us a stark choice in the mid-term elections.

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J&J’s Texas Two-Step

The Daily Escape:

Wallowa Lake near Joseph, OR – May 2022 photo by Danny J Goff

From Judd Legum:

“Nearly 40,000 lawsuits have been filed against Johnson & Johnson (J&J), alleging that the company’s baby powder causes cancer. The lawsuits claim that customers became sick with mesothelioma or ovarian cancer after being exposed to asbestos contained in talcum powder.”

In July 2018, a Missouri jury awarded $4.7 billion in damages to 22 women who said they contracted ovarian cancer from J&J baby powder. According to judge Rex Burlison, J&J:

“…knew of the presence of asbestos in products that they knowingly targeted for sale to mothers and babies, knew of the damage their products caused, and misrepresented the safety of these products for decades.”

Obviously J&J appealed, and an appeals court reduced the verdict to $2 billion. J&J wasn’t satisfied and further appealed the verdict, ultimately to the US Supreme Court. In June 2021, however, the Supremes refused to hear the case, letting the $2 billion award stand.

J&J had no interest in bankruptcy, but came up with another strategy to protect most of its assets from the current and any future judgements. In July 2021, the company launched “Project Pluto,” in which J&J would create a new subsidiary, LTL Management, which would “own” the liability for the baby powder litigation. It also would receive about $2 billion in cash. LTL would then declare bankruptcy.

More from Judd Legum:

“J&J is attempting to exploit a 1989 Texas law, deploying a legal maneuver known as the “Texas two-step.” J&J temporarily became a Texas company and then executed a “divisive” merger. The move split J&J into two new companies: one with almost all of the assets and no baby powder liability and another with all of the baby powder liability and few assets.” The latter almost immediately filed for Chapter 11 bankruptcy.

More:

“By filing for bankruptcy, all civil litigation against LTL Management is immediately halted. The claimants no longer have the ability to have their claims heard in court. Instead, if the scheme is successful, all claimants have to split up a limited pool of assets defined by J&J.”

That’s the “Texas Two-Step.” You may remember that in 2021, the NRA had requested to be reincorporated in Texas when it filed for bankruptcy, a move hailed by Texas governor Gregg Abbott. It would also have led to splitting the NRA into two companies, with the liability in the new firm. That effort failed when a Texas judge wouldn’t allow the move without the approval of New York State, something NYS wouldn’t do.

It’s possible in every state to split a company’s assets and liabilities through a spin-off, and spin-offs have often been used to fraudulently transfer assets that might be part of a bankruptcy. The Two-Step exploits a quirk of Texas law, which defines “merger” as including not just two companies merging into one, but also the exact opposite, when a company divides into two or more entities.

Texas and Delaware are the two states that allow for such “divisive” mergers. This type of “merger” avoids what in bankruptcy circles is called a “fraudulent transfer” of assets, assets that should by rights be considered a part of the bankruptcy estate to be divided among the firm’s creditors.

The deemed lack of an asset transfer is what makes the Texas Two-Step unique and interesting to J&J.

The Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, led by Sen. Sheldon Whitehouse (D-RI), is looking into the legality of the Texas Two-step:

“It does not make sense for a $450 billion corporation with 38,000 people with potentially lethal injuries to be able to carve off $2 billion…and walk away from the responsibility for what it did.”

We’ll see what becomes of the lawsuits against J&J and the LTL Management company.

More broadly, this shows we need to substantially strengthen the US bankruptcy fraudulent transfer laws. Unfortunately, that’s a political fight between the capitalist wolves and the consumer lambs, with all the best lawyers on the side of the wolves. For example, J&J has retained Neal Katyal, former Acting US Solicitor General under Obama to help with their liability carve-out. Katyal is earning $2,465/hour while working for J&J. Seems reasonable, no?

The wolves know that the legal positioning really matters. They will fight tooth and nail to keep the firm’s money in the firm and out of the hands of the plaintiffs. Even though there are substantially more lambs than wolves, the lambs have neither the resources nor the smarts to protect themselves.

These greedy schemes by America’s biggest firms are designed to dodge financial responsibility. J&J is attempting to cheat cancer patients from getting what the courts have already awarded them.

The management and their attorneys should face prison time for depriving justice to these consumers who won in court.

If we can’t bring Capitalism to heel, it must go.

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It’s Not Just The Guns, It’s The Ammo

The Daily Escape:

Antarctica – May, 2022 photo by Jason Row Photography

Wrongo shot the AR-15 at Fort Ord, CA while in the military in 1966. Back then, the US Army had its Combat Developments Experimentation Command, known as CDEC, there. Fort Ord is now closed, but its location on Monterey Bay in California, made it a beautiful place to spend a weekend, if not military training.

In the 1960s, Fort Ord was the home of the 4th Replacement Training Center, with upward of 50,000 soldiers preparing for their upcoming tour of Vietnam. As part of our training, we participated in the night fire tests of the AR-15. Those tests simulated the conditions that small squads faced in combat. The idea was to compare the performance of the AR-15 against the M-14, the incumbent weapon.

The Army adopted the lighter AR-15 in a model they called the M-16. James Fallows, writing in 1988 in The Atlantic, said this about the weapon:

“By the middle of 1967, when the M-16 had been in combat for about a year and a half, a sufficient number of soldiers had written to their parents about their unreliable equipment and a sufficient number of parents had sent those letters to their congressmen to attract the attention of the House Armed Services Committee, which formed an investigating subcommittee.”

The subcommittee examined the problems caused by the M-16, and Fallows’ article is worth reading to see how badly the Army procurement process failed the US soldier in Vietnam. The Army made several changes to the AR-15 as it became the M-16. All of them served to make the weapon unreliable in combat conditions and less useful as a weapon of war.

But Wrongo wants to focus on the M-16’s high velocity bullet. From Fallows:

“Nearly a century before American troops were ordered into Vietnam, weapons designers had made a discovery in the science of ‘wound ballistics.’ The discovery was that a small, fast-traveling bullet often did a great deal more damage than a larger round when fired into….a human body…”

On Sunday, 60 Minutes re-broadcast a story on the lethality of the AR-15. The focus was on how the gun’s high velocity rounds cause devastating and often lethal wounds that first responders and emergency rooms have great difficulty repairing.

The Intercept brings this back to the Uvalde shooting: (Brackets by Wrongo)

“Many circumstances of this week’s elementary school shooting in Uvalde, Texas, are incomprehensible….The [wound] damage was so severe that agonized parents had to give DNA samples to identify their children.”

Imagine. The request pointed to the obvious: Many of the children who had been killed were so grievously injured that it was impossible to identify their bodies. And that DNA identification process took hours.

Much of the damage was because in addition to the killer using the AR-15, a weapon of war, he also used hollow point bullets, one of the most physically destructive forms of ammunition. Hollow-point bullets open upon impact thereby causing more damage to their targets:

Source: Guns and Ammo

They can easily be purchased throughout the US, but the rest of the world thinks the use of expanding rounds on the battlefield is a war crime. The International Criminal Court bars their use, and they are prohibited by a declaration of the Hague Convention (which of course, the US has never ratified).

The US military has authorized hollow-point ammo. Civilian ammosexual proponents of the hollow-point ammo argue that the bullet reduces harm to nearby civilians, since it’s less likely to pass through its intended target or to ricochet. They also say that it’s useful in hunting big game, so the animal can be killed in one hit. Just like it works in 10 year-old grammar school students.

More from the Intercept:

“Salvador Ramos, the 18-year-old gunman in Uvalde, purchased 375 expanding rounds. In 2019, a 21-year-old gunman in El Paso, Texas, bought 1,000 of the same type of bullets for his Walmart rampage. The 20-year-old gunman in the Sandy Hook Elementary School shooting managed to stockpile 1,700 of various rounds, including hollow points.”

None of these purchases raised any flags with ammo retailers.

It cannot be emphasized enough, however, exactly what the AR-15 is: It is a weapon of war. It was made to blow humans apart. It is successful in doing just that. Back in the 1960s during those early field tests, the military learned that the AR-15 excelled at blowing people apart. Let’s give Rod Miller the final word:

“Armed Americans are killing our schoolkids while they study. They routinely kill them by the dozens for various reasons all across our country. Let me repeat that, armed Americans are killing our schoolkids.”

Can we at least ban hollow-point ammo for use by private citizens?

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