A Bias Towards Unconstitutionality

In the wake of this summer's Supreme Court ruling on firearm rights, various states and the Federal government have been trying to find new ways to do what the court said they cannot do. In New York, a revised law has been declared by a judge to be 'probably unconstitutional' -- but allowed to go into force anyway.

This bias towards allowing the unconstitutional is also in evidence at the Department of Justice, where new 'rules' governing the 3D-printing of so-called 'ghost guns'  have gone into effect. 

Though manufacturers sell full kits for firearm enthusiasts, the recent rise of 3D printing has allowed tinkerers to create their untraceable lower receivers, which until recently was what legally constituted the “firearm” component of a gun.

The DOJ’s updated language, which it refers to as the “Frame or Receiver” Final Rule, tries to address this issue by explicitly stating kits capable of being converted into functioning firearms are subject to the same regulations as more traditional guns. Prior to this week’s update, realtors were relying on language written in 1968 and 1971 to determine what defined firearms.

A problem with this approach is that the 'language written in 1968' -- in the wake of the MLK assassination -- explicitly defines firearms differently from how the new rule does so. The new rule usurps the authority of Congress, having an executive office by mere internal rule-making alter the meaning of a Federal law. 

The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

You can see the problem: the only way this definition admits of parts is if there is already a 'weapon' that 'may be readily converted' into a working firearm. But a bunch of parts are not a weapon, except in that vague sense that literally any physical object can be used as a weapon. The vagueness doctrine exists for attempts to assert powers, even under actual laws and not mere administrative rules, that make it unclear what exactly is and is not banned.

It allows the frame or receiver to be regulated, but not (say) a thing that is only more-or-less shaped like a frame or receiver. For many years now, 80% complete lower receivers have been sold unregulated because they are not, in fact, receivers. The DOJ rule asserts that these just are receivers even though they cannot be used as such; but that also implies unconstitutional vagueness in the law. Why would anyone think that a thing that is 80% X is in fact X? Further, if a thing that is 80% a receiver is a receiver, what about a thing that is 79%? How do I tell the difference, as an ordinary citizen, between a 79% one and an 80% one? 

How about 70%? Two percent? Just a block of aluminum? A dumpster full of aluminum cans that might be recycled into a block of aluminum? At some point the regulation would not apply, and there's no logical reason why it should be either here or there. 

The government's position is consistent, though, in wanting people to have to fight in court every inch of the way. Draining private persons' resources while defending objectively unconstitutional laws with taxpayer money, the governments at both the state and Federal level are working hard to get away with encroaching on what is clearly improper conduct.

A Knightly Hound

A good story about a dog from the age of chivalry. 

‘Epigenetics’ gets Clearer

‘Epi-‘ is sort of a universal preposition in Greek, meaning ‘near’ or ‘next to’ or ‘around’ and the like. For a long time the field of epigenetics has been like that; it was a term that implies “we think it’s something to do with the genes, but not the genes, but it’s gotta be around there somewhere.”

Things are clearing up

Deerslayers II: The Venison

In the comments to yesterday's post, Thomas D. sensibly asks after venison recipes. This is a practical and excellent question to have asked. Thos. suggests this one, adding that he likes to make a paste of the onion on the purée setting of his food processor in order to give the food a silky texture.

Thomas asked for book recommendations as well as recipes. The very best one I know is Dressing & Cooking Wild Game: From Field to Table: Big Game, Small Game, Upland Birds & Waterfowl, a product of The Complete Hunter. The material is exactly as advertised. It covers how to skin and dress an animal you've just killed if you don't happen to know, how to butcher, bone, and portion various parts, and includes many recipes that are a good start for learning how to turn it into excellent food. No fish are included, as the title indicates clearly: this is about hunting, not fishing, and even though the distinction between those arts is somewhat technical the latter has plenty of its own material to learn independently.

As for recipes, the first thing to recognize is that the deer has all the same parts as the bovine and the pig. Roughly speaking, and with some adaptations, you can do with one whatever you can do with the other. Pork shoulder makes excellent barbecue; you can barbecue beef chuck or venison shoulder with additional fat using otherwise the same techniques. Lard and suet, that being pork and beef fat respectively, are both good choices for the additional fat. Ribs can be barbecued like beef ribs, low and slow in the smoke. Smoke them at a lower temperature than usual to avoid cooking out fat for two hours, then wrap them tightly in aluminum foil and bring them to 205 degrees internally to kill parasites and bacteria and break down connective tissue.

(You will notice that all venison is to be grilled to 165 degrees internally, or else cooked at ~205-212 degrees if it is important to break down internal fibers to tenderize it. The latter process is easier to manage, as water boils at 212 F, and the temperature will not rise beyond that as long as water remains to boil: the extra energy will be used to convert liquid to steam instead of raising the heat. When you are grilling, you'll want to check regularly to be sure you don't overcook.)

The steaks come from exactly the same parts on a steer as on a buck. Your steaks will need to be cooked more thoroughly, however: 165 degrees, which is far too done for beef, in order to ensure food safety. A good marinade of red wine, red wine vinegar, and spices you like will help prevent this from drying out the steaks too much. Salt and some sort of pepper are the most important.

One thing that is different from meat that you buy at the store is that you will have all the organs to use if you want to do so. There's a great recipe for heart in the aforementioned cookbook; the stomach and such you can use for venison haggis, using due care to clean them properly before cooking and cooking them to boiling for an hour or more to ensure everything is thoroughly cooked and softened.

Much of the deer carcass will not be steaks, just as much of the steer is not. You will be left with a lot of what is usually turned into burger on a steer: possibly the chuck/shoulder, although that includes some of the best cuts of the steer for many great meals; certainly the round, or muscles of the rear end. Venison burger can be cooked like regular burgers, except that it is usefully wrapped in bacon for extra fat and cooked a bit more slowly to, again, 165 degrees internally. Salt and pepper -- I like chilies more than black pepper, but most people prefer black pepper. 

Some of this can be mechanically tenderized, either by a butcher who will turn it into "cube steak," or by yourself using a sharp knife that makes cuts across the muscle fiber. This is done at right angles, so that you are cutting across the grain first one way at about 45 degrees, then again at 90 degrees to the first cut. If there's a butcher nearby who specializes in game, he or she can run it through a machine much more quickly to accomplish approximately the same thing. Venison cube steak comes out very well. 

Perhaps the best way to cook any sort of venison is to braise it. That is a term of art that lots of cookbooks assume you will know without explanation, which is mysterious to younger people trying to learn to cook who have no idea what it might mean, so I will explain it thoroughly. To braise meat is to cook especially tougher cuts of meat in an appropriate amount of liquid -- possibly water but more wisely stock or beer, my favorite braising beer by far being Guinness -- so that it softens. Cooking is done at the low boil, as at just above 200 degrees muscle fibers and soft connective tissues like tendons begin to break down. It takes time, but the result is a very tender piece of meat as well as a broth that is enriched by the flavor of the process.

A good venison braise takes a minute to set up because there are several steps, but in the end it is fantastic. You start by taking an iron Dutch oven and getting it smoking hot. Then you add fat to the bottom -- lard or suet, but you can use a vegetable oil like avocado or even olive -- and brown the salted and peppered meat in it. (With cube steak, I sometimes like to put it in a plastic bag with some white flour as well as salt and pepper to coat it first: 'country fried' or 'chicken fried' steak, as we called it when I was young.) As soon as it is seared brown on each side, remove it and set it aside.

Next, add chopped or sliced onions, and cook them into the hot oil until they begin to brown. Then add garlic, and any sort of other vegetables you want -- potatoes, tomatoes, whatever you think you want. Cook these until they show browning signs as well. 

Now return the meat to the pot, and add your beef stock or beer or whatever you choose. I said to use "an appropriate amount," and that amount is just enough to cover it and no more. Bring it to a boil on the range, adding aromatics like sage or oregano or rosemary once it is boiling. Then transfer it, covered with the heavy iron lid, to an oven between 300-350 F for an hour or so. After this it will be ready to eat.

Braising is basically also how a crock pot works. You sacrifice the good that comes from the multiple steps in return for the relative ease of just adding everything to the crock pot and leaving it for many hours. At minimum you should brown the meat on the range before you add it to the crock pot, though, or you will lose much of the flavor. 

Another excellent recipe for venison burger is Scottish steak pies. Scotland has its own deer, and venison recipes run deep in the culture there. Any of the several excellent Scottish meat pies can substitute slow-cooked venison in a brown gravy for beef steak. The Forfar Bride ("bride-ee") is especially good because of the onion adding moisture and softness in the cooking -- Thos. idea again, but this time trapped in by the pastry. Traditionally this is short crust, but a lot of people now substitute puff pastry because it's readily available in sheets from the local grocery's frozen food section. It's easy enough either way, but the grocery option saves time and adds butter.

Additional recipes are very welcome in the comments below.

FBI Pressured Citizens to Sign Away Gun Rights

Now, just to root this discussion on the right ground, let's review the Declaration of Independence's statement of the only legitimate purpose of government.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...
Which goes on to add:
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.... when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
So, to be very clear about what this says, the only just reason for a government to exist is to secure the natural rights of the people. A government that begins to be destructive to that end may morally be dissolved and replaced; a government that persists in a long train of abuses on the matter must morally be dissolved. It is not merely the right but also the duty of the citizen.

The FBI secretly pressured Americans into signing forms that relinquish their rights to own, purchase or even use firearms, according to a trove of internal documents and communications obtained by the Daily Caller News Foundation.

The forms were presented by the FBI to people at their homes and in other undisclosed locations... At least 15 people between 2016 and 2019 signed the secret forms, which ask signatories to declare themselves as either a “danger” to themselves or others or lacking “mental capacity adequately to contract or manage” their lives.... 
“We’re into a pre-crime, Minority Report type of world where the FBI believes it can take constitutional rights away from anyone it thinks possibly might pose a threat in the future,” said Robert Olson, GOA’s outside counsel who specializes in firearms law. 

Now, the number here is tiny: 'at least 15 people' in a field of 330,000,000. Presumably these are cases where the FBI was convinced that there was great good reason.

On the other hand, the purpose of government is to secure and not 'pressure people to sign away' their rights. At this small a number, it surely does not trigger any duty; but it has to be added to the ledger of the ways in which the government has become an enemy of, rather than the guarantor of, the natural and ancient rights of the People.  

An Escalation

 A judge has for the first time ruled that January 6th was an insurrection and on that basis removed a pro-Trump elected official from office. The office is a county commission seat, and the elected official was present on January 6th. 

The specific act of "insurrection" of which he was found guilty was misdemeanor trespass. He entered parts of the Capitol grounds and, by his own admission, led a prayer rally there. He is now barred for life from holding any office under the United States by the Constitution's 14th Amendment, assuming that this ruling withstands review. 

Danger and Parenting

A study regarding the psychology of political inclination made AVI's place last week. It draws into question what has now become a standard idea in the field, to whit, that conservatives are especially those who think the world a dangerous place, whereas liberals tend to think of it as safe. The research suggests -- as I read what I've been able to read of it -- that conservatives are instead those to whom it seems intuitively proper to read a natural order into the world, and to accept that order as basically just and acceptable. Liberals are more likely to reject both the notion that it is proper to read a natural law out of nature, and that any one that might be read out of it is either decent or acceptable.

Some anecdotal support of that can be found in this article about letting (or even forcing) children to play outside unsupervised, which many a conservative parent I've known regards as the sin qua non of good parenting. This author in fact appears to regard a protective attitude from parents as dangerous precisely because it might lead the children to become conservatives (which, I think, misstates the findings: the issue is that these political divisions are often primal, pre-political, and pre-rational, and thus not very subject to change by any sort of external influence).

You can see the effects of all this worrying in modern parenting behavior. According to a 2015 report from the Pew Research Center, on average, parents say children should be at least 10 years old to play unsupervised in their own front yard, 12 years old to stay home alone for an hour, and 14 to be unsupervised at a public park. It also shows up in what parents teach their kids about the world: Writing in The Journal of Positive Psychology in 2021, the psychologists Jeremy D. W. Clifton and Peter Meindl found that 53 percent of respondents preferred “dangerous world” beliefs for their children.

No doubt these beliefs come from the best of intentions. If you want children to be safe (and thus, happy), you should teach them that the world is dangerous—that way, they will be more vigilant and careful. But in fact, teaching them that the world is dangerous is bad for their health, happiness, and success.

Once they digest that this is not actually going to make the children into conservatives I suppose it will seem less unsafe to keep them safe. In the meantime I have known some quite progressive parents who would never dream of letting their children just wander away unsupervised into the forest with their dogs and a Buck knife, as mine used to do in the brave old days of yore. They'd think of that no more than they'd let their children ride bikes on the road, and without helmets; nor drink out of a water hose on a sunny day; nor ride in the back of a station wagon without seat belts, all piled together with the dogs as we go down the road.

Deerslayers

In an excellent account of why the establishment narrative on fascism is backwards, Lance Morrow -- apparently a senior fellow at the Ethics and Public Policy Center -- gives also an account of what he takes to be the place where Trump comes apart from his supporters. Of the latter, he says: 
As for Mr. Trump’s followers, they belong to the Church of American Nostalgia. They are Norman Rockwellians, or Eisenhowerites. They regard themselves, not without reason, as the last sane Americans. You might think of them as American masculinity in exile; like James Fenimore Cooper’s Natty Bumppo, living in the forest has made their manners rough.
One rarely encounters literary references to Fenimore Cooper these days. American manhood is hardly 'in exile' in the forest, though; as the reference suggests, the forest was its natal ground. American masculinity historically eats lots of venison, as indeed I do myself. (It's not clear that Fenimore Cooper was actually all that familiar with it, as Mark Twain suggested in a rather scathing review of the Leatherstocking Tales.)

He goes on: 
If there are fascists in America these days, they are apt to be found among the tribes of the left. They are Mr. Biden and his people (including the lion’s share of the media), whose opinions have, since Jan. 6, 2021, hardened into absolute faith that any party or political belief system except their own is illegitimate—impermissible, inhuman, monstrous and (a nice touch) a threat to democracy. The evolution of their overprivileged emotions—their sentimentality gone fanatic—has led them, in 2022, to embrace Mussolini’s formula: “All within the state, nothing outside the state, nothing against the state.” Or against the party. (People forget, if they ever knew it, that both Hitler and Mussolini began as socialists). The state and the Democratic Party must speak and act as one, suppressing all dissent.

Yes, I suppose, on all three counts: Trump is doing something quite different from what most Americans who support him are doing; what those latter Americans are doing is aligned with the foundations and traditions of America in a sane and deeper way than almost anything else going on right now; and the left is embracing the all-inclusive, all-directing state. 

Indeed, if he misses a beat it's in failing to add that the corporations -- Facebook and Twitter especially -- are also being brought into alignment with the state's will to suppress its opponents (in light of last week's speech, one might even say 'its enemies').

The headline suggests that the regular meetings between the administration and social media were designed to suppress COVID misinformation, which might possibly be defended as necessary for public health. Yet if you read even briefly you realize that something much more sinister was going on.

Federal officials in the Biden administration secretly conspired and communicated with social media companies to censor and suppress Americans' private speech. This is revealed in a new lawsuit brought in a joint effort by The New Civil Liberties Alliance, the Attorney General of Missouri, and the Attorney General of Louisiana against the President of the United States. The suit is brought under the first amendment right to freedom of speech. The lawsuit seeks to identify among other things "all meetings with any Social-Media Platform relating to Content Modulation and/or Misinformation."

The discovery shows that there was "A recurring meeting usually entitled USG – Industry meeting, which has generally had a monthly cadence, and is between government agencies and private industry. Government participants have included CISA’s Election Security and Resilience team, DHS’s Office of Intelligence and Analysis, the FBI’s foreign influence task force, the Justice Department’s national security division, and the Office of the Director of National Intelligence. Industry participants have included Google, Facebook, Twitter, Reddit, Microsoft, Verizon Media, Pinterest, LinkedIn and the Wikimedia Foundation. The topics discussed include, but are not limited to: information sharing around elections risk...

Emphasis mine. Those aren't public health officials, they're security state operatives. They aren't aiming at public health, either: they're aiming at influencing -- at least -- elections. 

They aimed to do so via censorship and information operations targeting the United States citizenry. The first of these is unconstitutional even for private companies if they are doing so at government instruction. The second is illegal, at least for the CIA and the US military's professional information operations community. The presence of the Director of National Intelligence's people at these meetings raises big red flags.

Deer season is coming up. It's a good chance to practice some of those exiled masculine virtues, such as riflery, living off the land, and food preservation. You can tan a deer hide -- 'a buck' being the nickname for a dollar because for so long the one was approximately valued at the other -- using the brain mixed with just a little water. There is just enough brain in every mammal to tan its own hide. Lots of little things like that will be rediscovered by those who are so inclined.

Send Me

Then I heard the voice of the Lord saying, “Whom shall I send? Who will go for us?” “Here I am,” I said; “send me!”

 Isaiah 6:8

When the Nation calls, “whom shall we send?”  A Spartan will respond, “Send Me!”

2nd Armored Brigade, 3rd Infantry Division, "Spartans"

"Send Me" is also the title of a new documentary featuring former US Special Forces Operator, and Task Force Pineapple member, Tim Kennedy. Task Force Pineapple, you will recall, was a volunteer effort by some of us to rescue American citizens and allies from the collapse in Afghanistan. My own role was stateside and limited to facilitating international negotiations and trying to help set up a private airline to move refugees. Kennedy went on the ground. 

He was there to do what the US Government failed to do, then refused to do, then actively blocked attempts to do. If there were any justice, the new documentary ought to bring down the government -- and not violently or through insurrection, but by their heartfelt and proper rejection by the American people.

A US Army colonel turned away busloads of Americans, allies and orphans trying to flee Afghanistan during the chaotic evacuation of war-torn country last August, a new documentary claims....

They were met by an unidentified official from the 82nd Airborne Division who would not let the buses through.

“There was a colonel that who came out and wanted to show that essentially he was the one that could decide whether or not somebody could get on a plane or not,” said a member of the team whose identity was concealed by the documentary’s producers.

The colonel made the call to ‘put everybody back out,” MMA fighter turned-solider Tim Kennedy said.

“‘I don’t care who they are, they get back on those buses and those buses go back into Kabul,'” he said, according to Kennedy — even after the team explained their bags had been screened and were already in the airport.

The colonel could not be pleaded with, and would not even make an exception for people with US passports because he didn’t know “if that’s fake or not,” the anonymous team member recalled.

He then ordered the refugees back into the bus and off the base at gunpoint, where they would pass through a vengeful Taliban security force.

No one in the military or the administration has paid any price for this betrayal of duty, of country, and of countrymen. Fourteen thousand Americans were abandoned; only God knows how many finally made it out. 

Homemade Chipotle


The summer garden bounty now includes jalapeño as well as tomato. Since I have a smoker and a dehydrator, I decided to make my own chipotle chilies. These are, of course, merely smoked jalapeños. Given the much higher ambient humidity here, I finish them in the dehydrator for preservation. 


These combine with fire roasted tomatoes to make a fine salsa. Three jars of it are pictured at the top. 

Are You Kidding Me With This Stuff?

 


I get that the administration is just calling its opposition evil now, and trying to reframe the election in terms of 'semi' fascism versus 'our democracy' rather than (ahem) discuss the recession and inflation, the military failures in Afghanistan, the impending war in Taiwan for which they are unprepared, and so on. 

Nevertheless, has anyone in post-WWII American political rhetoric staged a more actually fascist display than this? Flanked by blood red light 'banners' with a military guard on display, calling opponents creatures of chaos who live in darkness, who have made their choice and must face the wrath of the nation: rhetorically, at least, this is right out of the playbook. 

Wildly, it's an adoption of anti-American Chinese propaganda as the chosen self-presentation of the Biden administration. 

In May 2021, another person shared a post on Twitter with images of purported Chinese propaganda against Biden. The illustrations show Biden, with yellow glowing eyes, sitting on a throne of AR-15s that looks like the Iron Throne from the HBO series Game of Thrones. Some Biden supporters liked the images, saying how they looked so "metal."

This "Dark Brandon" meme has apparently become quite popular among the same young Ivy-educated White House staffers who wrote his "targeted" student loan relief to benefit chiefly and especially themselves. They love that it makes them seem part of something badass, and are sharing and encouraging variations of the meme on Twitter.

After a string of “good news” for the Biden agenda, White House officials elevated a meme from terminally online obscurity, reclaiming ironic images of a tired and gaffe-prone president cast as a demi-god-like figure.

The meme was supercharged after the FBI’s raid on Donald Trump’s Mar-a-Lago resort home in Palm Beach, Florida[.]

As a consequence, we get a speech that misses the smooth rhetorical tone of Chancellor Palpatine accepting the emergency powers that he used to establish the Empire...


...and the visuals have fully skipped ahead to the actual Empire.


The rhetorical and visual embrace of the 'badass' and 'metal' is going to have real political consequences. They may well get what they want, reframe the election into a referendum on the guy who isn't even in power anymore, and survive what ought to be a punishing midterm. Whether they do or do not, the cost is going to be real damage to America.

19th Century Medieval

Eric Blair has made this point occasionally: a lot of what we think of as 'Medieval' is really Victorian. The Arthurian renaissance that accompanied Victoria's rise and reign gave us a lot of the symbolism we associate with Malory and older things. Romantic music and opera, art, literature: and this, eventually, gave us Tolkien and Robert E. Howard. 

Pretty illustrations.

Heroism

City Journal wonders if you needn't do something heroic to be a hero.

I'm not sure how sympathetic I am to his examples. Nevertheless, it reminds me of a very recent post here: "[M]any a reverent Christian prays fervently for forgiveness for the sins he can't seem to avoid: failing in virtue does not keep him from justification through faith. Striving and failing is acknowledged to be part of the moral life, and even the pathetic sinner may be beloved of God; whereas failing at virtue is vice, and you can't be a virtuous man without in fact exercising the virtues (at least most of the time and to a greater or lesser degree)."

What if "Semi"-Fascist is the Right Amount?

President Biden apparently decided to call Republicans "semi-fascist" in a speech the other day. No less than CNN journalist Don Lemon questioned Biden's spokeswoman over what exactly that was supposed to mean. 
“What exactly is semi-fascism, Karine?" Lemon asked. 

During a fundraising event in Maryland, Biden told the crowd that America is under threat, blaming the GOP for supporting former president Trump’s MAGA movement, linking their ideology to “semi-fascism.”

“What we’re seeing now is either the beginning or the death knell of an extreme MAGA philosophy… it’s not just Trump, it’s the entire philosophy that underpins the — I’m going to say something, it’s like semi-fascism,” Biden said. 

However no one, including Jean-Pierre, seemed to know exactly what Biden was trying to say by this comment, and frankly the president himself probably didn’t even know. 

“The American people have a choice in front of them and the president laid that out very clearly, very powerfully tonight," [she said.]
The problem is that the idea that gives "fascism" its name is one that no successful politics of any sort can do without: the idea that 'we' must 'come together' in order to be stronger than we would be separately. 
The term “fascist” derives from a Roman weapon, a weapon that was as much a symbol as anything else.  The fasces was a bundle of sticks tied together (often depicted with an ax-head attached).  The Romans could make perfectly good ax-handles.  They didn’t do it this way because they needed to do it.  They did it to make a point.  Each of the sticks making up the fasces was weak by itself.  Hit a man with it and it would break on him.  But if you tied the bundle together, the sticks became strong.  The Roman magistrate who punished with the fasces was making a point about Rome.  Its strength came from the unity of its citizens.  It was because they held together as Romans that they could impose a Roman order on the world.

The Founders of the United States of America adopted the fasces in a lot of our national symbols.  It is small wonder that they did so.  
The problem with fascists is not that the base idea is flawed, it is that they apply it in inappropriate ways. Instead of using it to unite the polity in defense against the outside world, they begin to deploy it internally to create a faction that can dominate everyone else in society. This usage of the power of unity is tyrannical or oligarchic rather than democratic or constitutional: and it unfairly eliminates the right of the excluded parts of the fascist society from having their interests defended or advanced. Healthy politics use the idea of the fasces to defend a space in the world in which they can exist in mutual peace. Fascist politics aims at creating a permanent subjugation within a society, or even in radical cases a complete elimination (as of Jews) from a society.

Earlier this week AVI posted a complaint against Republicans adopting a long-standing Democratic political rhetoric of "fighting for you" rather than "working for you." There is a parallel here: working to defend your class interests within society, while accepting that others have other interests that must be compromised with, is healthy politics; dividing the society to fight against and subjugate the hated other is not.

Now "semi-" as a modifier conventionally means "only partly" and technically means "half." If you are paid semi-monthly, it means every half of a month you get paid. The trucks we sometimes call "semis" are trucks that can be divided into two parts, truck and trailer. 

As mentioned, the base idea from which fascism gets its name is one that any successful politics needs. "Semi" might be the right amount of it. Some proportion is the right amount, because zero percent would lead you to an incoherent society that could not pull together, neither for any common interests nor for mutual defense. You could make an argument that half was the right proportion, or more, or less, but not that the idea should be rejected outright. 

In any case, this discussion provides the right hook for the following song, whose title and lyrics derive from a pun on the several ways in which "semi" is used by Americans.


"Semi-crazy" can be the right amount, too.

It's not bad advice

New York Governor Kathy Hochul, who is running for re-election, suggested that all 5.4MM Republicans in her state should move to Florida. I rather wish they would, too.

Thin Years, Fat Sound

This is about Harlan County, a coal-mining community of infamous violence both union and corporate, cop and criminal. It’s a famous setting for country songs, but this band is set up like the Blues Brothers. They’ve got a big brass sound and an upbeat feel, and even gospel overtones. 

DAC talks about it in the opening to this other song. “Well grandpa, he lied a little bit.”



The Biden Laptop and 2020

Kruiser this morning reports on two other stories about the FBI's efforts to prevent the Hunter Biden laptop from influencing the 2020 election. In the first one, Senators including Ron Johnson have uncovered that the FBI outright refused to investigate the laptop itself before the election. One might be inclined to forgive that as a sort of reasonable or even praiseworthy deference by the secret police to the constitutional and democratic process: might, that is, if they had afterwards investigated it and prosecuted the obvious crimes it revealed. Instead they have of course buried it for years now.

In the second story, it turns out that the FBI actively suppressed the story by asking social media to censor reporting on it. You will recall that the New York Post broke the story, and suddenly had its Facebook and Twitter accounts suspended as well as reporters/editors who worked on it. This is not in any way describable as the secret police deferring to the constitutional and democratic process. The Constitution imagines in the 1st Amendment a free press as an essential component to the informed citizenry necessary to a free society. Elections are meant to be conducted by a citizenry that is engaged and informed, rather than one that is kept intentionally in the dark by the secret activities of a secret police (itself dubiously constitutional and rather anti-democratic as an institution, as a matter of fact).

Furthermore, the FBI appears to have done this by making false representations to the social media giants. They claimed that this story was Russian disinformation, when in fact it was a perfectly true story -- and they knew it was true, because they had the laptop in their possession. 

Kruiser titles his piece, "America Was a Better Place When the FBI Didn't Rig Elections." I suppose a careful critic would respond that these are small potatoes that can hardly have, by themselves, determined the outcome of the election. Indeed, there is quite a lot more that may have had a larger effect. Nevertheless, you get only partial credit for your election-swinging activities having only contributed to achieving the outcome they were designed to help create.

GAO takes IRS Seriously

A GAO study finds that much, much less money will be forthcoming from the IRS expansion than the agency claims. It arrived at this figure by assuming that the agency was telling the truth about not going after Americans who make less than $400,000.

The agency meanwhile is maintaining that they will bring in far more than predicted, while maintaining a historic level of audits.

Hard to Argue With That

The United States is bedeviled in part by the fact that its leadership lacks virtue, writes Barton Swain. Well, what he actually opens with is this:
It’s hard to contemplate American public life in the 21st century and not arrive at the unhappy conclusion that we are led by idiots.

He comes around to virtue after rehearsing some of the obvious debacles. 

The piece is called "The Case for an American Revolution in Morals," which is interesting to me because virtue ethics is often thought to be separate (or at least severable) from moral theory. A man can be courageous, moderate, self-disciplined, given to acts of public service, magnificence, even magnanimity without the moral structure that later thinkers added on about guilt, sin, grace, and so forth. 

Aquinas as much as Aristotle talked about the virtues, and found ways to link the Christian moral picture to the Greek ethical one: and they are certainly compatible for those who want both halves. Likewise, many a reverent Christian prays fervently for forgiveness for the sins he can't seem to avoid: failing in virtue does not keep him from justification through faith. Striving and failing is acknowledged to be part of the moral life, and even the pathetic sinner may be beloved of God; whereas failing at virtue is vice, and you can't be a virtuous man without in fact exercising the virtues (at least most of the time and to a greater or lesser degree).

Unfortunately the article is mostly behind a paywall, so many of you won't be able to read it. That is an irritating feature of the present moment; they seem to be cropping up everywhere.

Someone's Getting Fired

I want to know whose idea it was to pit Hillary Clinton versus Kim Kardashian on a legal quiz show, and how they got HRC to agree to do it. There was no upside to this idea; if it went as expected HRC would appear to be punching down at a 'famous for being famous' celebrity. If HRC lost, as in fact turned out to be the case, it could only be devastating to her image as the Smartest Woman in the World. 

"Cognitive decline is real," a friend said when we were discussing the affair. 

"Message to the Uncredentialed: 'Screw Em'"

Here is the NRO article referenced in the comments below.

Since there's a paywall, here is the relevant part to our discussion:

President Biden made clear today, this is a one-time deal, a lottery, a lightning strike. People who paid off their loans last week aren’t covered. People who will take out new loans after the policy has run its course aren’t covered.... This isn’t a reform. It’s not even pretending to be reform. It’s a contemptuous, abusive, unbelievably expensive shot in the dark...

It seems so arbitrary. Why does Biden not want to do the same thing for loans on trucks owned by plumbers? Why not for mortgages — which, given how heavily it subsidizes them, the federal government clearly thinks are worthwhile? Why not for credit cards or auto payments or mom-and-pop credit lines? The answer, I’m afraid to say, is disgustingly classist: Because Joe Biden and his party believe that college students are better than everyone else...

Electricians, store managers, deli workers, landscapers, waitresses, mechanics, entrepreneurs? Screw ’em. Sure, college graduates make more money than non-graduates, and their unemployment rate is lower, too. But non-graduates don’t have access to the president, so they don’t matter. 

It really is arbitrary and, well, stupid. If you went to college as an undergraduate on a merit-based scholarship that covered your costs because you worked hard to keep your grades up, you won't be eligible for the $20,000 that went to those who borrowed and got a Pell Grant. If you were a frat boy who spent the four years drinking up your student loans, you likely will. 

The major reform that cuts rates for loan repayment only affects undergraduate loans, though grad school loans tend to be much higher. The 'public service' thing we talked about yesterday: 'our kids' work at nonprofits, 'their kids' don't. There's no justification for that program that isn't tribal.

But Did They Use Whips?

 NY Post: "Video shows migrants attacking, taunting Border Patrol agents."

Since We're Doing "Stupid" Today

Here's someone else who has no idea how the world works.
Now that Rep. Liz Cheney has lost her primary to a Trumpist Republican in Wyoming, it’s time for President Biden to consider appointing her to his cabinet. Political tensions have risen to new levels since the Federal Bureau of Investigation’s Aug. 8 search of Mar-a-Lago. Bringing a Republican into the administration would cool partisan temperatures and unite the country in support of the rule of law.

There can't be anyone outside the NYC/DC corridor who thinks this would plausibly 'cool partisan temperatures.' 

A Dumb Decision

I generally don't like to use terms like "dumb" or "stupid" in political discussions; mostly it's used to avoid engaging with the argument. This argument student loans is one I understand, though, and this is just stupid.

The way student loans work in America since the Obama administration is that the Federal Government 'owns' the debt, and it allows you to pay it off according to an income-based formula that is meant to determine what you can afford. You pay a percentage of your income in other words, not anything like what it would take to pay off the debt on the 20 year timeline; after 20 years, the government will write the rest of it off. If you work for a 'public service' like the Federal government itself, or any government or nonprofit, it's 10 years.

So a $10,000 forgiveness does nothing. Since you're already not paying off the interest -- you're paying much less than it would take to clear the debt -- the $10,000 is going to come right back over time anyway. Yet you won't have to pay it off, not before this decision and not after. In 20 years -- 240 monthly payments -- you can walk away from it, or only 120 if you work for an approved industry.

If you really want to help borrowers, either forgive the whole thing or else let for-profit employees off after 10 years too. (It's their employer that is for-profit or nonprofit, after all: there's no moral difference in the employees.) If you want the money, you have to change the payment schedule to a level that many people simply can't afford; then you still won't get the money, but you will at least get to seize whatever they have. If you want just more money, eliminate the nonprofit distinction the other way and make those employees pay for 20 years instead of 10.

What's going on here doesn't make any actual sense at all. It's not clear who they're hoping to impress: hopefully the people who went to college to incur the debt have enough math to see this is a bunch of bull.

There's A Chance She Has A Point

Language warning, but there's an issue here that she's correctly identifying. 

"We're Subverting Existing Paradigms"

The Life of a Soldier

A Roman payslip shows that hand-to-mouth soldiers with payday loans are not all that new.

A Sailor Ain't a Sailor

 

Originally an acapella shanty by Tom Lewis and his Polish mates.

Another from the same band, which at first may seem a geographically challenged tune, but it works.

"Chivalry is Actually a Good Thing"

A young feminist writes on the sexual revolution. Not everything she says is right, but she has an interesting and valuable perspective. (For example, keeping rapists in prison does not reduce the incidence of rape: it just transfers the victimhood of rape to other prisoners. It turns out rapists aren't particular about their victims, they just like victimizing.)

There's no more important physical fact about a person than his or her sex. The attempts to get around this lead to misery. So, perhaps, have many attempts to account for it; one can go wrong in either direction. I still think, though, that the Western Medieval construction of chivalric love marks the high point of relations between the sexes. There was a time -- albeit only in a small place, and only probably among the social elite -- when male strength was willfully in the service of female beauty, female beauty honored and treasured male strength, and love was coupled with mutual respect. 

Requiem for a Bear


Bear hunting season does not start until mid-October, but the bear hunters can’t stand to leave the bears in peace except when killing them. All summer long, though they’re forbidden to hunt, they get up here and run their packs of hounds at the bears for the sheer joy of terrorism. 

Today there must have been a dozen or more hunting trucks, each with a cage filled with hounds up on the mountain. The packs push down from the Blue Ridge Parkway to harry the bears into what is traditionally called Bearpen Gap, currently known as Sugar Creek Gap. Supposedly this is to train the dogs; it’s really just an excuse to engage in hunting out of season. 

At Balsam Lake today a bunch of dogs chased a bear into the lake, where they tore off its ears and fought it until it drowned. Federal Forest Service officers eventually came to recover the bear’s body. The poor thing was living free in the forest this morning; tonight it has been killed in terror and pain, and not even for food as it was out of season. They just ran it for fun, and now it is dead for no better reason than their amusement. 

A 9th Circuit Dissent

Following the recent Supreme Court Bruen decision affirming gun rights, the 9th Circuit Court of Appeals remanded a decision on Hawaii's 'may [or may not] issue' law for reconsideration by the district court. There was a noteworthy dissent pointing out that there is very clear guidance on the point, and they might simply have directed that the law was plainly unconstitutional. Instead, they are dragging out a lawsuit that has already been going on for ten years.

This is very courteously worded, including the thunderous final section. It is firm and clear without the requirement of discourtesy, strong in its reasoning and even stronger in conviction.

Cop Recruited Oath Keepers on J6 to Save Other Cops

And apparently they did just that. This is, actually, what I would have expected from what I knew of the Oath Keepers as an organization before January 6th.

Succinct

 


Sleep With No Doors Open

There’s a lot of training in the Fire Service; I often spend weekends or weeknights in classes and courses. Some of it is challenging and rewarding; some of it is not. Occasionally it’s just PowerPoint presentations or training videos we are required to watch. These rarely interest. 

This little training video might actually be of use to some of you, however. 

'A Sheepherder came and put up a Fence...'

'I saw him one day, but I ain't seen him since.'

This site is heavily paywalled, but you can get the sense of the article. Apparently the old rancher/sheepherder wars are still ongoing way out West.

Sanctuary!

We are familiar with 'sanctuary cities' and even 'sanctuary states,' where local or state governments refuse to cooperate with Federal immigration policy in order to avoid accidentally enforcing Federal immigration law. Now, under the Biden administration, the Federal government's police agencies will stop cooperating with each other in service of the non-enforcement of our laws.

The U.S. Marshals Service is drafting a sanctuary policy that would limit the agency’s ability to hold illegal immigrants for pickup by ICE... Under the policy, marshals would not be able to hold illegal immigrants for pickup by U.S. Immigration and Customs Enforcement on the say-so of an immigration warrant, or “detainer” request.... the person is to be released even if ICE has asked for a hold.

Officials said the policy is still in draft form, though The Times knows of one jurisdiction in Florida where it has already been implemented[.]

Remember this the next time you hear talk from the administration about how important 'the rule of law' is to them. 

Marine Corps Hymn a la Jerry Lee Lewis


This is from the Sun Records days and indeed from 1956, making it one of his first recordings. This is before the scandals that would plague him later, and long before the wild comeback occasioned by his 1964 Live at the Star Club recording.

It's lightweight, playful, but I offer it anyway for the Devil Dogs in the audience.

Uh-Oh

 The Big Bang didn't happen.

In the flood of technical astronomical papers published online since July 12, the authors report again and again that the images show surprisingly many galaxies... One paper’s title begins with the candid exclamation: “Panic!”

Why do the JWST’s images inspire panic among cosmologists? And what theory’s predictions are they contradicting? The papers don’t actually say. The truth that these papers don’t report is that the hypothesis that the JWST’s images are blatantly and repeatedly contradicting is the Big Bang Hypothesis that the universe began 14 billion years ago in an incredibly hot, dense state and has been expanding ever since. Since that hypothesis has been defended for decades as unquestionable truth by the vast majority of cosmological theorists, the new data is causing these theorists to panic. “Right now I find myself lying awake at three in the morning,” says Alison Kirkpatrick, an astronomer at the University of Kansas in Lawrence, “and wondering if everything I’ve done is wrong.”

Don't feel too bad. Even Aristotle turned out to be basically wrong about physics, in spite of being the most important physicist of all time. And Newton, and, well, everyone else. You still made a valuable contribution in error, because we can still learn a lot by studying why it was reasonable to think as Aristotle did (and it was -- empirically verifiable, even!). That helps us understand how we progress. 

A Positive Word About the FBI

There is a lot of merited criticism about the FBI, but there are also occasionally good stories from the field offices especially. 

141 adult victims of human trafficking, 84 minor victims of child sex trafficking and 37 missing children were located, during the initiative conducted during the first two weeks of August. Officials said the average age of the children was 15-year-old, and the youngest victim was age 11. 

Now the FBI here was the coordinating leadership branch of a state, local, and Federal effort; I imagine, though I do not know, that the local police did a lot of the actual legwork in locating these victims. Hopefully in the absence of the FBI, local police still could and still would do such things.

Still, the FBI deserves a kind word for its role here. Human trafficking was and is evil, and it is a very positive thing to see victims rescued. 

Seeking Tenure

I did not myself even try to apply for tenure track jobs in academia, coming not from Yale but from UGA. There would have been no point for someone even less attuned to this sort of conversation than the author, coming from a less prestigious (but actually better in philosophy, I think) school.
“I know where I stand ideologically!” the young man next to me burst out. “I am a marxist with a small m.” He was pounced upon by two or three of the women. “But Marxism has nothing to say about feminist issues!” one of them said. “That is why I am a marxist with a small m!” he replied. The professor smiled benignly; her pupils were apt. I cowered beneath the table (metaphorically), understanding immediately that, like a dissenter in a marxist (small m or large) regime, I would need to speak my true beliefs behind closed doors, and only to those I could trust.
Marxism actually had a lot to say about feminist issues; they were at the forefront of Communist revolutionary thought, precisely as a way of bringing women out of the family and into the state. Marxist revolutionary groups frequently had female leadership, and prominently so as a recruiting mechanism for would-be radicals (both to recruit fiery young women who might agree with them, and also young men who wanted to meet fiery young women). Now, once a Communist government actually came to power, women always ended up being pushed out of the positions of real power: but as long as there was a revolution to win, young women with berets and Kalashnikovs were in high demand, and there was a lot of talk about the need for equality between the sexes.

Women of the IRA


New Peoples' Army Women

Viet Cong Woman

So, both, "I reject Marxism, in spite of its occasional good point which I'm happy to recognize and pursue in better ways," and also, "I also reject feminism, likewise in spite of occasional good points I'm happy to pursue in other ways," with a side order of, "Also, you don't know what you're talking about anyway." 

Yes, I would do quite poorly at winning tenure. 

Platitudes in Mathematics

The author and his wife are both philosophers and friends. She works in that branch of contemporary metaphysics that is very interested in formal logic; he works, as you will see, in philosophy of math. This begins with an interesting question: "continuous" was not defined in a thoroughgoing way until the 19th century, but it has been a useful concept since antiquity and -- moreover -- many formal proofs were adequately established before the definition. How is that possible?

Along the way he raises another question: how can one come to a justified belief in mathematics? Now he is speaking of pure mathematics, which is to say the mathematics that exists in the mind alone: whether or not it applies to circular objects in the world, or how imperfectly, the geometry of circles as an idea has a kind of logic to it. What he wants to defend is the idea that it is somehow already all there, and all you are doing is deducing what else you know from what you already know. 

Some of you may find it pleasurable to work through this argument. If you don't, pass on; philosophy of math is not, in my experience, one of the things in life that grows on you.

This... You Can Trust

The Riddle of Steel is joined, strangely, by the Mystery of the Rosary.

Preserving Five Viking Ships

Private foundations have pledged enough to preserve the five ships at Roskilde. 

'Viper' Garland

I wonder if Attorney General Merrick Garland will be flattered or annoyed by this nickname?
Democratic strategist James Carville has a message for people who are doubting Merrick Garland: Just wait. 

"I mean, remember Merrick Garland is like a pit viper. He prosecuted the Oklahoma City bomber case, the Unabomber case, the Olympic bomber case."
The Olympic bomber case? That's news to me. I'd like to hear more about Garland's role in that, because the part affecting Richard Jewell was one of the most disgraceful acts in the history of Federal law enforcement. I did not see Garland's name in any of the relevant Wikipedia articles, which may mean that it's been scrubbed; but exactly what role did he play, I wonder?

As for the OKC bombing, there have been dire mutterings about it for years -- backed up by some apparently legitimate government documents: the source here is conspiracy-minded, but it's hard not to suspect one when you've got a document from the government asserting that the matter "should not be put to paper." Just yesterday I read that Garland had refused to approve a warrant in the Unabomber case, which might be evidence in his favor: I appreciate signs that a man is careful and not inclined to empower the government's agents without clarity. A fellow I know and respect found his treatment of the recent political violence from Antifa to be disqualifying, but one can make a similar argument here also. Maybe it's good not to rush too far ahead of the evidence.

Here's the Washington Post on the OKC bombing and Garland, for a mainstream media view. One way or the other, we'll be hearing a lot more about 'Viper' Garland in the coming weeks. 

Carville himself is from an older tradition of Democratic politics in which hard-edged nicknames were preferred. Hunter S. Thompson referred to him as a "hired gun" in his book about Bill Clinton's election, Better Than Sex: Confessions of a Political Junkie. Their continued close friendship suggests that Carville was flattered.

Black Flag Canning

There’s nothing more anarchist than growing your own food and putting it up. Those kids in the city think they’re fighting the power, but they can’t even eat without those trucks we were just talking about. 

You want to be free, there’s a lot of work to do. On the upside, you’re free; and the chow is better too.

Stupid or Evil?

Our regular game continues. On the one hand, the Census Bureau asks a lot of intrusive questions they aren’t really entitled to know about, but which Congress has invested them with legal power to demand. On the other, this would be a first pass at trying to identify handguns purchased privately that the Feds couldn’t track using their background check system (which the administrative state wildly abuses to try to construct a functional registry in defiance of Congress’ laws).

Predictive Analysis

James links to a piece that suggests that thinking hard wears you out because it produces high levels of toxic substances.
Their studies, reported in Current Biology on August 11, show that when intense cognitive work is prolonged for several hours, it causes potentially toxic byproducts to build up in the part of the brain known as the prefrontal cortex. This in turn alters your control over decisions, so you shift toward low-cost actions requiring no effort or waiting as cognitive fatigue sets in, the researchers explain.  

“Influential theories suggested that fatigue is a sort of illusion cooked up by the brain to make us stop whatever we are doing and turn to a more gratifying activity,” says Mathias Pessiglione of Pitié-Salpêtrière University in Paris, France. “But our findings show that cognitive work results in a true functional alteration—accumulation of noxious substances—so fatigue would indeed be a signal that makes us stop working but for a different purpose: to preserve the integrity of brain functioning.”

I'll wager that further study eventually uncovers that low levels of alcohol consumption tend to dissolve and clear these toxic products, allowing the brain to continue hard work for longer. This explains why creative geniuses are often inclined to drinking at low levels but for long periods of the day; many of them, like Winston Churchill, prove to be quite heavy drinkers eventually. 

This feature of human nature is well enough known to have drawn satire.

Science will catch up.

Gun Control for Nail Guns

Allegedly a January 6 character attacked an FBI field office, attempting I gather to use a nail gun to penetrate the bulletproof glass. I kind of see why he might have thought that would work, but it's bad tactics for a number of reasons I won't go into here in order not to be thought to be trying to improve tactical approaches to violent attacks on the government. 

Still, it makes me wonder if we'll now see gun control attempts aimed at nail guns. It's a billion-dollar annual market, nail guns. They're so useful for all kinds of necessary construction that I wonder if the government would even try to restrict such a thing.

In that way it reminds me of the Nice, France jihadist truck attack that murdered many people. It was a 19-ton truck, which turned out to be much more effective than small arms at murdering a lot of people quickly. There was briefly talk about banning them from urban centers, but we all knew it wouldn't happen because modern cities can't live without these trucks. Cities absolutely depend on big trucks bringing them food and other basic goods every single day. You can't ban them.

This is also why Canada last year, facing the truckers' revolt, resorted to strictly fascist and lawless practices to try to suppress it. It terrified them because it is literally something they can't live without, yet do not control. 

I don't know if nail guns will prove to fall into that category, but it will be interesting to see.

Cut the FBI some slack

Joining the girl's club

The frequent news lately of men joining women's organizations inspired me to post Townes Van Zandt's classic "Fraternity Blues":

Historians Warn Biden: Democracy Teetering

This is the least helpful piece that the journalists could have easily written about this, and the most flattering thing I have ever read about Joe Biden.
President Biden paused last week, during one of the busiest stretches of his presidency, for a nearly two-hour private history lesson from a group of academics who raised alarms about the dire condition of democracy at home and abroad.

The conversation during a ferocious lightning storm on Aug. 4 unfolded as a sort of Socratic dialogue between the commander in chief and a select group of scholars, who painted the current moment as among the most perilous in modern history for democratic governance[.]

What I would love to have heard is exactly how this 'Socratic dialogue' went: what arguments were made, what counterarguments (if any), which historians were on what side and what they thought specifically. Instead we get "Comparisons were made...." but not by whom or what exactly the comparisons were, other than vaguely that they were to the 1860 period around Lincoln's election and the pre-WWII fascist period.

We do eventually get a list of attendees, from which much can be extrapolated: 

Biden’s occasional speechwriter Jon Meacham, journalist Anne Applebaum, Princeton professor Sean Wilentz, University of Virginia historian Allida Black and presidential historian Michael Beschloss. White House senior adviser Anita Dunn and head speechwriter Vinay Reddy also sat at the table.

That doesn't sound like a Socratic dialogue, except insofar as you mean some of those conversations in which Socrates' interlocutor just says, "Yes, Socrates," and "You're right, Socrates" all through the thing. 

What we are apparently meant to take away from this is less an understanding of the debate -- if it was a debate -- and more an appreciation that Biden is an unusually intelligent president who is capable of carrying on a lengthy discussion with intellectual experts on the subject. Also, that he is more likely than other presidents (especially, of course, Trump) to take time to consult The Wise about his course -- though while always maintaining control and direction, of course.

Democrats broadly expect the same ideas will anchor Biden’s reelection campaign, if he decides to move forward with one, especially if Trump is his opponent again.

Biden has continued to bring up such themes in his public speeches, most recently in a July address to a law enforcement group, where he criticized Trump for taking no immediate action as the rioters he had inspired attacked the U.S. Capitol...

“You can’t be pro-insurrection and pro-democracy,” Biden told the National Organization of Black Law Enforcement Executives. “You can’t be pro-insurrection and pro-American.”

News to General Washington, I suppose. But he was not invited, no more than Jefferson nor Patrick Henry.

You don't have to go back that far, either. His own President Obama backed insurrections in Syria, Libya, Egypt, and elsewhere precisely on the theory that it was pro-democracy to do so. They took groups off the State Department's terrorist list -- especially in Libya, where they still remain in the warring faction calling itself the 'Government of National Accord,' which name is an obvious lie given the continuing civil war. This collection of allegedly pro-democracy insurgencies was called the Arab Spring, and it was a monumental failure; but I don't get the sense that he is rejecting that model based on reflection on the history. For one thing, he has made no acknowledgement of the unwisdom of his predecessor and former boss, nor his participation in those efforts.

The Right can meme

Suzi Quatro

In one of those internet rabbit holes one sometimes explores, I discovered that Joan Jett in her initial fame as a member of the Runaways described herself as idolizing Suzi Quatro. Now Joan Jett I have known of since I was a youth myself, but I had never heard of Suzi Quatro


Well, she's no Joan Jett, but everything has to start somewhere. For whatever role she played in making Joan Jett and the Blackhearts happen, I am grateful. 

"Restoring the Right to Keep and Bear Arms"

This is the title of David Kopel's latest academic paper (h/t InstaPundit). I'm reading it this morning, and it's quite interesting. My own view of the right to keep and bear arms, and of the Second Amendment, is chiefly philosophical; Kopel understands the legal history quite precisely, having participated in much of it in the last few decades. 
Starting in 1989, the Court began occasionally to take cases that vindicated the rights of gun owners—but always on grounds other than the Second Amendment.4 One such case was 1997’s Printz v. United States. Back in 1993, Congress had enacted a statute ordering local law enforcement officials to carry out background checks on handgun buyers. Sheriffs around the nation sued, arguing that Congress had no power to dragoon local officials into enforcing congressional statutes. If Congress wanted background checks, it could hire federal employees to conduct the checks.

By 5-4, the Supreme Court agreed, with Justice Thomas joining Justice Antonin Scalia’s majority opinion. While Printz was about federalism, not the Second Amendment, Justice Thomas wrote a briefing concurring opinion to point out the Second Amendment issue. He was dubious that the 1993 statute was compliant with the Second Amendment.... he wrote: “Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms ‘has justly been considered, as the palladium of the liberties of a republic.’”

In those days there was a strong sense in the establishment that the Second Amendment was like the Ninth or Tenth, something that had been voided by the silent artillery of time. It took decades of disciplined pursuit of good arguments and the developing of thinkers who would rise to be lawyers, judges, and yes philosophers, to restore it to a right that the nation's courts take seriously and apply vigorously.  

That work must continue. As he points out, even a SCOTUS victory does not guarantee that other judges will undermine the decision. This violates their oaths, but they did it anyway:

Most of the lower federal courts adopted the test that Justice Stephen Breyer had proposed in his dissent in Heller, and which had specifically been repudiated by the Heller majority. 

Likewise there was a SCOTUS majority, it turns out, for not taking any gun cases until Ginsberg's death and replacement. Roberts was against it too.

By the end there is a useful meditation on what limits to the Second Amendment may still be enacted under the current decision, and which sorts may not be.

It's All in Your Imagination

People love to write these stories; Glenn Reynolds likes to say that when Republicans screw up, that's the story, but when Democrats do it's the Republican reaction that is the story. What's interesting to me is the intrusion into ostensible straight-news of editorial commentary.
Extremist organizers have tried to hold on to the momentum they built in recent years by finding big-tent causes disparate factions could rally around, such as opposition to pandemic restrictions, “Stop the Steal” election denial, or an imagined socialist “indoctrination” of schoolchildren. 
It's a weird line to walk: "these extremists have millions of followers." How extreme can you be if six million people agree with you enough to watch your podcast every day? I don't, myself, watch "Louder with Crowder," because it's not my kind of thing. But I don't have six million followers; I don't have a thousand. My way of approaching things is far less mainstream (and consequently more extreme if 'extremity' means 'far from the mainstream') than his.  He's doing what lots of other people do successfully: raising the drama level as a way to gain attention. It works because lots of people, ordinary people, like that approach. Heck, this very piece is an example of trying to do the same thing from the left.
An immediate concern is the safety of the federal judge in Florida who approved the search warrant. Once his name made its way to right-wing forums, threats and conspiracy theories soon followed. Online pro-Trump groups spread his contact information and, as of Tuesday afternoon, the judge’s official page was no longer accessible on the court’s website.
That's unprecedented, except by Jane's Revenge doing the same thing to the Supreme Court's right wing justices, who now have loud angry protests outside their homes more or less daily.
In mainstream GOP quarters, extremism trackers say, the nudges toward violence are more subtle, with statements delegitimizing the government as a “police state” or a “banana republic” that must be opposed, starting with the dismantling of federal agencies.
That's a mainstream view now? Good to hear.
Far-right Rep. Marjorie Taylor Greene (R-Ga.) tweeted “DEFUND THE FBI!!” She added an image of an upside-down U.S. flag, which many on the right have embraced as a symbol of the nation in distress.
US Federal Law defines the upside-down flag as a dire distress symbol, but ok. (§8a) At least she's not burning it, like her counterparts on the other side.
A recent Washington Post-University of Maryland poll found that about 1 in 3 Americans say they believe violence against the government can at times be justified, the largest share to feel that way in more than two decades.
As we have discussed here before, there is no way of reading of the Declaration of Independence without outright rejecting it that does not accept that violence against the government is sometimes justified. The opening sections are a philosophical defense of the idea that citizens can have the right, and occasionally the duty, to set aside a government and replace it with a better one.

By all means temper your rhetoric and think things through. Open your eyes, though: this isn't a one-sided thing, and distrust of this process can be rational and considered as well.

Jury Acquits Jarheads MC Killer of all Charges

Three years ago, a group of Jarheads Motorcycle Club members were struck by a truck, killing seven of them. Yesterday the man who killed them was acquitted of all charges by a jury of his peers. [The NYT wrongly describes the Jarheads MC as a group of "ex-Marines," which is wrong. They were former Marines. "Ex-Marine" generally refers to someone who was discharged other than honorably.]

It sounds like witness statements differed so substantially that there was room for reasonable doubt, which is the legal standard for acquittal. However, there was also a substantial assist from the judge: 

A report from the National Transportation Safety Board released in December 2020 found that on the day of the crash, Mr. Zhukovskyy had been “impaired by several drugs,” including heroin, fentanyl and cocaine. He was working for Westfield Transport, a trucking company, at the time and was driving to Albany, N.Y., and Gorham, according to court records.

Mr. Zhukovskyy also had a suspended license in Connecticut, which should have led the Registry of Motor Vehicles in Massachusetts to revoke his license, the report said....

Last week, Judge Peter H. Bornstein of Superior Court dismissed eight charges that were related to Mr. Zhukovskyy’s drug and alcohol intake at the time of the crash, saying in court that “there is simply insufficient evidence from which a jury can find beyond a reasonable doubt that the defendant was impaired to a degree.”

If the jury found that he was driving while impaired, then the other counts would have been easy to convict upon. Since they were ordered not to consider that, and had only widely different witness statements to go upon, this result followed.

Rendering Honors

Today in Jackson County they are laying to rest a senior deputy, Sean Bryson, who died after a lengthy illness. There was a special detail to convey his body from Raleigh back to Jackson County for interment. I am told that public safety units, especially police but also fire and rescue, escorted the detail from the time it entered their county  until they handed it off to the next escort at the next county line. 

My son and I did not know him, so we are holding down our fire district so that the others who did could go and participate. This could have gone badly -- it's been a whirlwind few days here, with two structure fires over the last couple of days and a helicopter medivac this morning. Fortunately so far the funeral escort period has been quiet; let's hope it continues.

It is almost six years to the day since we had such a detail for my father. I was not then a firefighter; that came after, during the pandemic. Honor holds the world together. As Aristotle tells us, honor is the guide that shows even the virtuous how to live in the best and highest way.