Friday, October 08, 2021

The media narrative has empowered Trump

Things were not as close as the media has reported. Let's examine where the media narrative was wrong.

1. The Vance case was never about getting Trump's federal tax returns. He had them because New York had them. New York had them because they were an addendum to his state returns. The case was about the confirming accounting and bank records. Sadly, the statute of limitations on money laundering has expired, so any money laundering done for Russia is off the table.

The New York Times had the Trump returns and reported on them. When the story was available, the national media failed to cover it adequately. It still could but does not.

2. As the federal district judge hinted and the Supreme Court affirmed, there is no presidential immunity, and as the district judge hinted (though he could not order it because it was not part of the case), the Office of Legal Counsel opinion has no legal force. Any federal prosecutor could have indicted Trump, had they had the courage, and any federal magistrate would have issued instructions to the President's Secret Service detail to detain Trump (and be sanctioned if they did not).

The media narrative did not even explore this possibility, which reinforced Donald Trump's mistaken belief that he was immune from prosecution. Arresting Trump should have been discussed - not just whether it could happen but also how easy it could have been done. Again, MSNBC and CNN failed to depart from a narrative that enabled Trump to continue in power.

3. Robert Barr was not as bad as is reported. Barr was the shiny object that convinced Trump that he was OK. The reality is that the Mueller investigation spent a good deal of time passing off information to the FBI, which will be useful in cases against Trump in the Eastern District of New York and the Eastern District of Virginia. 

The case against Fruman and Parnas shows a money trail from Moscow to Lev and Igor to Rudy and the Trump Super-PAC. A bribery conviction against Trump ends his eligibility for any federal office.

If Barr were a bad actor, the investigations would have been quashed and every piece of evidence classified and then ordered burned. When Barr made an obvious mistake in selecting a new US Attorney for SDNY, he did it in such a way as to make sure there would be no political appointee that could obstruct the investigation.

4. An official DOJ letter, as drafted by Clark, would never have been sent and was not. State legislatures were never going to follow suggestions to send alternative slates of electors, so there was no path to 270 for Trump.

5. The acting Secretary of Defenses instructions to not attack the insurrectionists would not have been followed by the DC Guard. Further, once Mayor Bowser had declared the event a riot, things got serious and the mob cleared. Once the door to the Speaker's lobby held, the day was over and the leaders, who were likely not in that mob, pulled back. Those who were arrested at that time will turn on their leadership.

6. There will be no future Trump uprising. Everything Trump had went into January 6th. The shock troops all reported and their leadership, probably including Q, are rotting in the DC Jail. They won't get out before trial and certainly not after their trials. Without these extremists, there is no danger.

7. The 12th Amendment's clear language states that, if electors are disqualified the total required to make a majority changes. The Speaker would have ruled that this is the case and any objection would have been upheld by the Majority. The tragedy of January 6th is that no one made a parliamentary inquiry about this matter. Had they done so early enough, or had this matter been covered in the media, the Insurrection simply would not have occurred.

8. Members of Congress who voted to challenge the Electoral Votes knew that this was just for show. Had things gotten bloody, the coup would not have occurred. While those who worked with Trump should be expelled in due course, the investigation has not yet gone there. Whether there is a referral to the Ethics Committee already in progress is not known. You can bet that there will be. 

Those who voted the wrong way may have to accept censure to survive politically to heal the nation. It will certainly be used in elections in any district that is not gerrymandered. Some may not run.

9. The 20th Amendment puts the Speaker of the House in charge if the election is disputed after January 20th.

10. Chief Justice Roberts would never have sworn Trump in for a second term. He would have inaugurated Biden as planned.

11. The permanent government would have respected the rule of law. If a Kangaroo Congress had declared Trump the winner, he would not have been obeyed.

12. Trump will not live long enough to run for office. If he does, he will have been convicted of bribery and be ineligible to serve and, again, the disability would not be removed as required by the 14th Amendment. Current office holders are biding their time rather than leading, but they know how this will end and will pivot.

13. Trump is about to be poor. Those who think that Trump is a successful businessman will think twice once his property is seized by creditors and by governments under civil asset forfeiture, especially when it is revealed how much of his money depended on the kindness of Vladimir Putin. Once this comes out and they are faced with the label of being soft on a KGB lieutenant colonel, they will dump Trump. So will any supporters in Congress.

The media could explore that story now. The question should be tested among GOP voters. If Trumpism means being Soft on Putin, Trump is done.

14. The other source of Trump's power - and those who would support someone like him - is the pro-life movement and their commitment to overturn Roe. The media narrative on that is wrong as well. While some appellate judges are letting matters go to the Supreme Court, there is no danger that the Court will overturn Roe to the extent that the state power regime of Plessy v. Ferguson is restored. 

The main point of the Mississippi case is to affirm state power over who is a person. Only Justice Scalia though that was a good idea. Scalia is dead. The arguments in December will likely include discussion of this issue and June will not be a good month for the pro-life movement. Had there been a ground swell of support for overturning Roe, they would have heard Box (Indiana) vs. Planned Parenthood of Indiana and West Virginia, regardless of Rule 10.

The media is looking for a story. Again, their narrative is wrong. Once the Pro-Life movement is forced to accept the certainty that Roe will not fall (even if viability is pushed back to fetal reaction to painful stimuli), they will feel betrayed by the justices Trump appointed and will lose steam.

It is time to report the truth rather than spewing a narrative that keeps controversy going. It is harmful to the country - as much as Trumpism/Putinism is.

Subjective Objections on Cognitive Functions

Is this title controversial enough to get views? I hope so, if for no other reason that typers look at my other videos and analyze whether I am an ENTP or INTP (or something else). My target audience is partitioners of Objective Personality.

Dave and Shann's observer vs. decider distinction does not make sense to my introverted thinking (Ti), although it is the extroverted thinking (Te) thread that I pulled on first.

Can extroverted thinking be both respecting the thinking of the tribe and finding solutions that work for the tribe? It cannot be both. Ti it through. The same question applies to feelings - does extroverted feeling honor the tribe's values or try to change them?

Originally, the self v. tribe did not originally ring true. Now, I find it the essential difference in each function. All introverted functions are, by nature, self centered. Anything for the tribe is extroverted.

Observing (Intuition and Sensing) being just about gathering and sorting data seems an awfully limited way to look at the sensuality of S or the inspiration of N. My experience of being an extroverted intuitive is about communicating options out, not gathering them in. While I can be as sensual as the rest of them, it is mostly about my senses rather than the senses of the tribe.

This is not to say that the observer and decider functions are not real. Here is how I (and only I), see them:

Introverted thinking is a decision function, but extroverted thinking is observing what the tribe thinks. 

Introverted feeling is also a decision function on personal values, while extroverted feeling is about observing tribal values rather than influencing them.

Introverted intuition (or imagination) is an observer function where I check my own options for the other functions. Extroverted intuition is where I offer options to the tribe in all things. 

Introverted sensing (or sensuality) is how I am observing the physical universe, past and future. Extroverted sensing is where I provide for the physical world of the tribe. This function makes things and has parties.

Mapping these out to the 16 types yields some interesting groupings which Jung may have had in mind. INTJ and ENTJ make plans for working within tribal dogma, INFJ and ENFJ make plans for themselves to operate inside tribal values. ISTJ and ESTJ organize their physical world around tribal dogma with ISFJ and ESFJ organizing their world to conform to tribal feelings.

The FPs and TPs are double deciders in the top two functions. INTP and ENTP analyze things and offer options for the tribe. ISTP and ESTP think through and make plans for the tribe's physical welfare. ISFP and ESFP are about the physical world and their own values. INFP and ENFP are about making the tribe conform to their own values.

Now for the polarities:

Ti only apply their thinking to tribes they care something about - Fe.

Te are only interested in the information of tribes that reflect their own values - Fi.

Fe value groups that agree with their ideas.

Fi examine their values in groups where they agree with the basic dogma (Te).

Ne source their options for the tribe from their sensory experience - their memories (Si).

Ni make plans for how to exist in the world of the tribe.

Si looks for sensations in tribes where they are comfortable.

Se do things for the tribe based on what they like.

I have Ne and Ti in my top functions - meaning I care enough about this work and community to say something about it. On another day, we will look at how this work feeds the animals.

Wednesday, October 06, 2021

Trumpism is Putinism

Is Donald Trump smart enough to have arranged Ukraine conspiracy or cover story?

Trump reporting to Russian ambassador that firing Comey solved investigation into phone call by General Flynn?

What did Mike Pence really know?

Was Trump obstruction of justice also stupidity?

Who enabled the Hunter Biden story?

Why does going after Hunter's meal ticket a favor for Hunter?

Was it likely a cover for denying missiles to Ukraine?

Would Ukraine statement for Fox News have had any impact on the election beyond Fox viewers?

Who enabled actual denial of missiles to Ukraine

White House official certifying funds at OMB

DoD Comptroller caught Trump in the act just before appropriation ran out

Who in Congress parroted Putin invented story on Hunter Biden and otherwise interfered with investigations?

Certain Republicans on Judiciary and Intelligence Committees?

Loyal to Trump or Putin?

Who in the Administration enabled the Insurrection?

Chief of Staff Meadows, Acting SECDEF Miller, Assistant AG Clark

Who in Congress enabled the Insurrection and sought to deny Biden electoral votes

Jim Jordan, Moe Brooks, Willie Gohmert, Ted Cruz, Josh Hawley, 130 members

Is QAnon Conspiracy, Proud Boys, 3 Percenters, Oath Keeper leadership neutralized?

Where is Q?

Do racists control the GOP?

Have Wall Street Republicans left the building, but are still supporting McConnell?

Do members fear donors, racists or pro-life movement members who seek to appoint justices to overturn Roe v. Wade so as to gut federal authority and bring back state powers ala Plessy?

Are they enabled by certain Catholic bishops who wish to deny Biden Communion?

Did they help Trump get elected in Midwest swing states?

Did any actually support insurrection? (Bishop Strickland endorsing Fr. Altman?)

Should pro-life movement abandon Trump, support Build Back Better pro-life provisions (childcare, free college for first 2 years, permanent refundable $250-$300 per month child tax credit)?

Does desire not to support families a way to hold women accountable for their sexuality, meaning that the issue really is about controlling women's bodies?

Is being pro-Trump actually being a soft on Putin?

Can the GOP shift from being pro-Trump/soft on Putin to endorsing long-term tax reform, such as eliminating filing for most families making less than $425,000 including support for families?

Can the GOP survive or will we have Wall Street Democrats and Sanders-Warren Democrats forming the two major parties?

The Crimes of Donald Trump

What we cannot punish him for

  • his stupidity
  • his racism
  • his mental state
  • his followers or"Trumpism" - it is up to GOP to get beyond that.

The perfect phone call

  • Was the Ukraine call really about interfering with the 2020 election or with stopping military aid to Ukraine to be used against Russia
  • Question of criminalizing foreign policy
  • Would surrendering East Ukraine to Russians be a defensible policy absent bribery and the invasion by Russia?
  • Putinism in the form of following Putin scheme
  • Campaign finance or bribery?
  • Could Trump have concocted the Ukraine scheme himself or did he have help from Moscow?

Criminal penalties

  • Obstruction of Justice has a maximum of eight years and includes a terrorism enhancer and maximums of up 20 to 40 years
  • Bribery has maximum of 15 years and includes public official enhancers and loss of ability to run for office
  • Seditious conspiracy is up to 20 years

Trump's motivations

  • Hiding Russian bribery
  • Myth he cannot be prosecuted in office
  • In for a Penny, in for a Pound
  • Civil Asset Forfeiture

Local charges

  • Statue of limitations for money laundering already expired
  • Feds would keep him if convicted, but may convict others

Trump under arrest already?

  • Currently under protective custody by Secret Service
  • Likely would not be allowed to travel to Russia to escape punishment
  • Psych evaluation likely after arrest with long term care after conviction
  • Secret Service protection while incarcerated
  • Presidential incarceration in usual federal correctional center unlikely
  • Aside from stain of conviction, would his life change much after conviction?
  • Plea deal likely, which is cause for the delay

Higher value targets

  • Trump is overweight, old and is of diminished capacity - may not even live to see a plea deal
  • Is it better to waste resources on Trump or try those who worked for him on his staff and in Congress?
  • Giving others a pass to convict Trump when conviction changes little too high a price



Monday, October 04, 2021

YouTube Script for the Abortion March and Build Back Better

Welcome to the voice of the Catholic Left. I’m Mike Bindner. Let's get to it.


The first Monday in October is upon us. Because of recent events in Texas, the pro-coice community was out in force in the streets of Washington. Across from the street from the Court, Congressional democrats are working on the Build Back Better Act. These two things are profoundly related. In this video, I will say how.


Abortion first

Texas abortion bill consideration was scary. It should not have been. The decision to wait for the issue to be ripe was correct and should have been unanimous. Texas is bluffing and the bluff is now being called. Clinics should ignore the law.

The Mississippi case will be heard in December. The media line is that Roe is doomed. It probably is not. 

Court will  debate whether abortion can be banned prior to viability. 15 weeks from the last period is equal to 13 weeks of gestation. 90% of abortions happen before this benchmark.

Real issue is state power. Framing this as a women's rights issue is dangerous. The more appropriate questions is this:

Do states have the power to ban abortion at any period prior to viability (literally, the ability to be born, absent congressional action regulating their status before the law?

That answer is easy. It is no.

That answer is also dangerous. While a definitive answer shuts down the barrage of laws designed to rehear Roe, it also sets out a path where, in theory, Congress could act to do what the States cannot. This is why the argument is never made. 

I discussed the 14th argument to the Center for Reproductive Rights in Gonzalez v. Carhart and they did not use it. I had  proposed that without Congress using the right authorities, the law would have fallen. 

In reality, There was no way to change the outcome and a 14th Amendment theory of the case would have been better law and the Mississippi law could never have been passed because of it.

 Instead federal partial birth abortion act was justified by Justce Kennedy under the Commerce Clause 

(oddly, he did not accept using the same clause to justify mandates in Obamacare). 

The key point is that Kennedy did not let States ban partial abortion under their authority. Only Congress could.

The Kennedy majority included Roberts and Alito, who did not go with Scalia and Thomas in using PBA to overturn Roe - which was its true intent. 

Kennedy clerks Gorsuch and Kavanaugh are likely to go the way he did in the upcoming law, especially if the issue is formed as one of state power. Indeed, such a holding is likely to be unanimous. 

Scalia is dead - only he thought state sovereignty was a thing.

The second question is, even if Congress did pick an earlier date than liability, could the states then regulate abortion as if Roe were not there.

The answer is still no.

Ending the life of a legally recognized person cannot be any different than ending it for another person. The rules around doing so would have to be the same, including whether the mother can be punished. That is what equal protection means. In MS, § 97-3-19. Clause 2 d would apply. The state cannot have its cake and eat it too.

Pregnancies after the point of congressional recognition would have to be registered because the fetus would be a legal person.

Any pregnancy loss of a legal person would have to be investigated in some manner or another. Selective prosecution could not be written into law - which means a huge expansion of police power over women.

Such police power would be a violation of the due process rights of women AND could never be passed.

If these issues are not addressed in this way, things may not go so well in December.

Ending the ability of states to act without Congress acting first ends the ability of the pro-life movement to look busy. It would need a new strategy

The Catholic bishops need a bit of remedial education on the constitutional rights behind Roe v. Wade.

If Roe falled, so would the protection of the Church in Alabama (considering that many of its citizens still consider the Pope to be the antichrist. Without the federalization of civil rights, the Catholic Church in Alabama would likely be banned.

Espinoza v. Montana ended the Blaine Amendments prohibiting Catholic schools from receiving state funding. Instead of fighting to overturn Blaine (by overturning Roe), it should instead fight for direct funding.

It should quit trying to deny Catholic politicians communion (which includes state and local officers and campaigners for the 2022 elections - it has nothing to do with  Biden). Rome has already told them not to rush into anything so stupid.

The action on reducing abortion is to fight for living wages for families. This includes 3 things.

Expanding the Childcare tax credit as proposed in Building Back Better

Making the temporary expansion of the Child Tax Credit in the American Recovery Plan Act permanent, as proposed in hte  Build Back Better

Raising the minimum wage. 

If Senator Manchin does not wish to have the CTC become welfare, he needs to support making work pay.

All three provisions need to be considered must-pass votes for a perfect right to life legislative scorecard.

The bishops need to insist on this or own the fact that some of them are a wholly owned subsidiary of the Republican Party.

And that is why what is happening on both sides of First Street, Northeast, are related.