Saturday Painting Palooza Vol.927

Hello again painting fans.

This week I will be continuing with the Sedona, Arizona scene. The photo that I’m using (My own from a recent visit.) is seen directly below.

I’ll be using my usual acrylic paints on a 5×7 inch canvas panel.

When last seen, the painting appeared as it does in the photo directly below.

Since last time I have continued to work on the painting.

I have revised the sky and repainted the buttes. The foreground has also received some paint.

The current state of the painting is seen in the photo directly below.

I’ll have more progress to show you next week. See you then.

Trump’s Upcoming Legal Woes Coming Into View

Trump is going to be arrested a couple more times, but what’s the schedule look like?

At this point, I fully expect Donald Trump to be indicted by Fulton County district attorney Fani Willis. I think I might even know when it will happen. According to reporting from the New York Times, the charges will be considered by a grand jury due to sit from July 31 to Aug. 18. Yesterday, Willis took a telling step by writing a letter to the judges in the downtown Atlanta courthouse asking them not to schedule any trials in the first two weeks of August. She also announced that her staff will mainly work from home while that grand jury is sitting, with only her “leadership team” and “all armed investigators” working out of their offices.

Ms. Willis, who has had some staff members outfitted with bulletproof vests, is clearly concerned about the potential for unrest after any indictments in the Trump inquiry. In a letter sent to the local sheriff last month, she wrote of “the need for heightened security and preparedness in coming months due to this pending announcement.”

You may remember that Willis is using a highly unusual process whereby a “special” grand jury has already met and reportedly “recommended more than a dozen people for indictments.” But that grand jury didn’t have the authority to actually make indictments, so Willis has to present the evidence all over again. There could be some high profile names involved, including former New York mayor Rudy Giuliani and South Carolina’s senior U.S. Senator, Lindsey Graham. But I don’t think Willis would be acting so alarmed about the security risks if she didn’t intend Trump to be on the list.

If I’m right, the news will drop in the first half of August which is the slowest media period of the whole year with Congress in recess and many people on vacation and away from their television sets. It’s just in time to get things started before the unofficial start of the 2024 presidential cycle which begins the day after Labor Day. However, it should be noted that the Republican Party has announced that the first presidential debate has been scheduled to take place in Milwaukee in August. While the exact date and qualification criteria have not been announced, it sounds like Trump is already noncommittal about attending. That’s probably wise because he could be under arrest or scheduled for a preliminary hearing.

Keep in mind, also, that August 8 is the deadline for all pretrial motions to be filed in the case against Donald Trump in Manhattan. The next actual court date isn’t scheduled until December 4, and prosecutors are asking for the trial to begin in January which coincides with the Republican caucus in Iowa and primaries in New Hampshire and South Carolina. Understandably, the Trump legal team wants the trial delayed until next spring, by which time he might have already secured enough delegates to be the presumptive nominee.

It’s hard to say when we might hear from Special Counsel Jack Smith. Once he secured the testimony of Mike Pence, many expected indictments to soon follow. But it appears he’s now looking into “potential wire fraud in post-election fundraising,” which was not part of his original purview. Could this cause some delay? You’d think Smith would have enough alacrity to assure any charges are known before Republicans begin voting for their presidential nominee. If at all possible, I think he’ll want to beat Fani Willis to the punch, and that means he needs to move before the beginning of August.

The TikTok Bans Confuse Me

With Montana enacting a statewide ban on the Chinese-owned social media application, it’s time to ask what’s going on.

I can definitely understand why many people think it’s a terrible idea to allow a Chinese company to collect massive amounts of personal information about Americans, including location data. It’s even more obvious why we shouldn’t facilitate this process on government devices. So, I can see why TikTok, which is owned by ByteDance, a Chinese company, is no longer a permissible app on government phones and computers and on many state university servers. Montana just became the first state to ban TikTok for general use. That’s a different kettle of fish.

My starting point on this is that the primary concern about TikTok is not that they collect data in a substantially different way than other social media applications. The problem seems to be almost wholly that the Chinese government has the theoretical power to use the data in any way they see fit. ByteDance can give all the assurances in the world, but people simply don’t trust the Chinese government to keep its mitts off. There’s even a concern that China can weaponize the app at a time of its choosing by using it to distribute misinformation. These are valid concerns, but I wonder if the world is really this black and white.

In the brick and mortar world, it’s hard to know what you’re talking about these days when you say a company is German or Japanese, Chinese or South Korean. The Toyotas and BMWs you’re driving may have been built in America with supply chains spanning the globe. It’s easy to identify an address for corporate headquarters, but investors can come from anywhere.  While plans to take ByteDance public stalled in 2021, it has plenty of investors, including Goldman Sachs, Sequoia Capital and GGV Capital.

What I’m saying is that it’s hard for me to see TikTok as a unique threat. This doesn’t mean that I don’t see the causes of consternation. I see them very well, and I think they extend to apps in general irrespective of where corporations are headquartered. Consumers are giving away too much information and they’re too susceptible to information manipulation. A state like Montana can ban TikTok, but even assuming the law passes all constitutional challenges, it will do very little to protect Montanans from the same threats emanating from different apps and different corporations.

If I thought that Europe, the West and the “free world” were developing sufficient protections and that China was flouting these rules, then I’d feel very differently about this issue, but as things stand my main worry is that TikTok’s Chinese ownership is distracting people from the larger problem.

I also think the proponents of free speech, like the American Civil Liberties Union which will fight the Montana law in court, are providing a distraction. The ACLU takes their fights as they come, and I understand that, but no one is trying to curtail speech. The goal is to keep a potential weapon out of China’s hands and to protect unwitting consumers. TikTok is not the only way to express yourself, and if it’s not a safe product then I have no problem banning it.

It’s just that I don’t see how this general problem can be defined in a principled way that can be consistently applied, and I don’t see the broader problems being addressed in an adequate way. Who makes up the list of countries who cannot put apps on our phones? Who maintains the list? And, in banning TikTok, are we forgetting that many of the same consumer vulnerabilities are created by Instagram, Twitter or Facebook?

On a purely political level, I don’t think people are seeing this issue clearly. Millions of Americans love TikTok and are willing to accept the risks. They won’t understand why they’re losing their preferred social media platform if these questions aren’t answered in a very open and compelling way. I think politicians will discover that any credit they get for being tough on China is dwarfed by the backlash they receive for users of the app.

I’m willing to consider that Chinese ownership of TikTok is a severed artery-level problem, but legally defining the problem is very hard and a band-aid won’t protect people’s information or prevent the weaponization of social media by bad state actors.

Trump and Giuliani Make John Mitchell and G. Gordon Liddy Look Tame

Their crimes are so sordid and shocking, they’re hard to even discuss in polite company.

I thought the Pee Tape was bad, but I’ve now found something far worse. The allegations against Rudy Giuliani, detailed in a 70-page criminal complaint, are so ghastly and perverse that I can’t really discuss them in detail. My parents may be in their 90’s, but they still read this blog and I don’t want to subject them to the former New York mayor’s filth.

He’s accused by a former employee named Noelle Dunphy of “rape, sexual harassment, abuse of power, wage theft, and other misconduct” like conspiring with President Trump to sell pardons for $2 million a pop. The short, clean version of this story is that he hired a woman who was going through some difficulties after an abusive relationship and offered her free legal services and a million dollar annual salary. He wound up paying her only $12,000 over two years. During that time, according to her allegations, he treated her as a sex slave. To paint a more accurate picture, the complaint says he constantly gobbled Viagra pills and was drunk morning, noon, and night. He was prone to nearly incoherent antisemitic and racist rants, and he and Trump had a plan to call the 2020 election “rigged” a full year before voters went to the polls.

Jezebel.com notes that she has tape recordings and emails to corroborate many of her allegations: “the recordings Dunphy made and the 23,000 emails she preserved may present a problem for [Giuliani], though. Her allegations are so plentiful, so stunning, and so heavily backed up with receipts that they are impossible to adequately summarize here.”

This is the man Trump sent to Ukraine to dig up dirt on Hunter Biden. He’s the man who led his legal challenges to the 2020 election. For these efforts, he helped get Trump impeached twice, and he will be central to any election-related charges Trump faces from Special Counsel Jack Smith or Fulton County prosecutor Fani Willis.

Trump, of course, has already been held liable for committing sexual assault. The two of them make quite a pair. Richard Nixon surrounded himself with a complete crew of amoral scoundrels, but they can’t compete.

DeSantis Discovers Antitrust As An Issue

The Florida governor is right, for largely the wrong reasons, on the importance of taking on monopolies.

I have found one area where I agree with Florida Gov. Ron DeSantis:

“If you look at some of these companies, like Google, and look at the footprint that they have, they don’t necessarily offend historical antitrust law because the antitrust law is focusing on jacking up prices on people,” DeSantis admitted. “But I would say they’re exercising way more power than Standard Oil ever did, or any of the trust of the early 20th century. So the question is, is it okay to have a handful of private power centers that really, really dominate our society? And is it appropriate to have something like an antitrust principle applied there? I think it probably would be appropriate.”

It seems DeSantis wound up in this place accidentally, as a kind of convenient way station to make a stand once he found himself in all-out brawl with the Disney Corporation. In an interview with the American Conservative, DeSantis admits that he came late to understanding how DisneyWorld was politically organized. He didn’t know about how the Reedy Creek Reedy Creek Improvement District was created in the 1960’s to give Disney self-governing control of the lands they were developing for their park.

“The interesting thing about that is, as governor, I never dealt with Reedy Creek,” DeSantis said. “I had no concept of all they had, because it just never came up. No one ever talked about it. It was never raised with me.”

This realization seems to have tipped DeSantis into a different ideological lane. It’s not easy to define. In opposing the crony capitalism represented by Disney’s decades-long sweetheart deal, he seems to introduce more libertarian elements to his profile, but his solution is to massively increase the Florida governor’s powers by creating a state-run board to replace Reedy Creek. In this, it’s hard to see a commitment to smaller or local government.

Regardless of how we define it, DeSantis is now looking more carefully at large monopolies and the proper role of antitrust enforcement. That’s a good thing, particularly because he understands that monopolies are problematic even when they don’t drive up prices for consumers. But he’s doing it in the service of expanding state power. And, as Heritage Foundation president Kevin Roberts explains,  DeSantis wants to use this power to wage a “glorious” cultural war.

“What Americans writ large are realizing is this is our moment.” Roberts said, commenting on the way DeSantis seems to be leading the charge against the left’s cultural agenda. “This is our moment to demand that our politicians use the power they have. This is the moment for us to demand of companies, whether they’re Google, or Facebook, or Disney, that you listen to us, rather than ram down our throats and into our own families all of the garbage that you’ve been pushing on us. This is our time to demand that you do what we say. And it’s glorious.”

We can’t ask or expect all our political allies to be pure. Abraham Lincoln’s Republican Party needed the critical support of Know-Nothing anti-immigration fanatics to gain the power they needed to abolish slavery. Quite obviously, DeSantis has similarly bad reasons for wanting to do some good things. If the left decides to be lax in antitrust enforcement because they need friendly corporate boards to be their side in a culture war against DeSantis, they’ll be guilty of making their own ugly tradeoff.

The sweet spot between the right and left really ought to be a realization that the monopolization of the economy is killing entrepreneurial opportunity and killing off small businesses. If the focus remains on consumers, then the mega-corporations win because they can do a good job of satisfying demand at low prices. But what does that do for someone who wants to operate a gardening center or a hardware store or auto repair shop? What happens when communities lose the ability to produce their own business leaders and everyone works for some distant business entity?

The way we treat antitrust enforcement now is that we don’t consider it a problem if there’s only one place in town to buy shoes as long as the shoes are affordable, but there are all kinds of costs to living in a world where an independent shoe store cannot compete. This has absolutely nothing to do with gender roles or any “anti-woke” agenda. It has everything to do with why so much of the country has lost its mind and is the thrall of right-wing nationalist populism.

In many ways, I see DeSantisism as more extreme and dangerous than Trumpism. But it’s interesting to see how this is evolving, because it feels like we’re moving away from the old familiar right/left dividing lines and back into something reminiscent of the late 19th-Century, where strange bedfellows were not only common but necessary for building any effective coalition for reform at all.

I don’t know where this is headed, but it will be a different place than where we’ve been in recent decades. There are fuzzy areas emerging in the strangest places on the ideological spectrum. I suspect the future will bring strange and temporary alliances, and with it the same imperfect results we came to both celebrate and regret in the post-Civil War years.

Saturday Painting Palooza Vol.926

Hello again painting fans.

This week I will be continuing with the Sedona, Arizona scene. The photo that I’m using (My own from a recent visit.) is seen directly below.

I’ll be using my usual acrylic paints on a 5×7 inch canvas panel.

When last seen the painting appeared as it does directly below.

Not much progress for this week but I did repaint the sky. More next week.

The current state of the painting is seen in the photo directly below.

I’ll have more progress to show you next week. See you then.

Florida Seeks to Ban Social Justice from the Old Testament

The Jewish prophets were apparently too woke for the tastes of Gov. Ron DeSantis.

I’m not much interested in theological debate. But I think it’s beyond question that social justice is central to Judaism, as expressed consistently through the Old Testament. Benjamin Scolnic, a long-serving Conservative Judaism rabbi from Connecticut, wrote a helpful article on this subject: The Prophets and Social Justice. Feel free to discover your own sources. Scolnic’s method is pretty straightforward. Beginning with Moses, he tracks what the prophets had to say about social conditions in their own time, and it’s a consistent message that God is displeased when the rich take too much from the poor or impose unnecessary hardships on their labor.

You’re not allowed to make this point in Florida’s public schools. Under the leadership of Gov. Ron DeSantis, textbooks are combed for verboten terms. One of those verboten terms is “social justice.”

Meanwhile, another social studies textbook intended for grades 6-8 was forced by the department to alter a reference to the Hebrew Bible in order to meet state standards. According to state documents, the book’s original version included a question for students reading, “What social justice issues are included in the Hebrew Bible?”

That was altered to an approved version that replaced the phrase “social justice issues” with the term “key principles.” The state’s rationale for the change was that the original phrasing used “Politically charged language when referencing the Hebrew Bible.”

As Scolnic demonstrates in his section on the prophet Amos, the “social justice issues…included in the Hebrew Bible” can be pretty detailed and explicit. Here he cites Amos 2:6-8.

This is what The Holy One has said:
For three transgressions of Israel,
For four, I will not call back the punishment:
Because they have sold the righteous for silver
And the poor for a pair of sandals.
They trample the heads of the poor
Into the dust of the earth
And pervert the course of the humble!
Father and son both go to the same girl,
So as to profane My holy name.
They lie perversely by every altar
On garments they took in pledge,
And in the House of their God
They drink wine bought with their fines.

Scolnic concludes his essay by emphasizing that God’s social justice demands are so consistent in the Bible as to border on the monotonous.

One can read through the prophetic books and think that the admonitions to be ethical are monotonous and boring. But the truth is that ethical behavior requires constant reminders and reinforcement. And so the prophets exhort the people to be charitable and merciful to the poor and to help those who were defenseless and needy, widows and orphans, oppressed people, strangers and those without legal rights. They stipulate impartiality in justice, and fairness. They insist on respecting the property of others. They demand respect for every human life.

Florida’s Republican leadership insists that students see these exhortations to social justice as nothing more than “key principles,” mainly because they decided to make “social justice” a pejorative term in their own minds. Moses led his people out of an inequitable system of slavery in Egypt, but teaching that the Bible disapproves of such systems might lead students to question Florida’s glorious history of slavery and Jim Crow.

It’s interesting that a conservative Christian political movement is responsible for this censorship. After all, Jesus of Nazareth was very much a Jewish prophet in the same mold as the ones that preceded him, especially in challenging the religious and political leaders of his time for their greed and cruelty to the poor. It’s important to remember, too, that his ministry took place during Roman occupation of Jewish lands.

The 19th-Century German philosopher Friedrich Nietzsche categorized the Judeo-Christian ethic as a slave morality, mainly because he saw it as a sensible survival mechanism for the weak (the slave in Egypt, the Roman subjects in Jerusalem) that would make no sense to strong and commanding cultures. Perhaps there is something to that, and it might help explain why the Settler mentality of White Nationalists has so much trouble embracing the social justice message of both the Old and New Testaments. They came to this continent from Europe with overwhelming power, and their successes suggested that God was on their side. But just as in the old Jewish kingdoms, even flourishing societies fall prey to massive social and economic iniquities. As Scolnic says,

The Book of Amos brings us back to a wonderful period in the history of the northern kingdom. It is one thing to denounce a kingdom that is doing poorly and to criticize it for its failures. It is quite another to denounce a nation that is rich, successful and mighty.

One might ask how we have a Book of Amos at all. Why weren’t the rulers who were condemned by the prophets able to censor the books out of existence? It’s a good question because many religious books have been obliterated from the historical record, and others have only resurfaced in recent years (the Dead Sea Scrolls, for example) after centuries underground. Whatever the explanation, these books are best examined in religious settings rather than in K-12 public schools. There is too much argument about what the texts mean, whether they’re literally true, and how to teach them in a pluralistic and ecumenical society that values a separation of Church and State. But there are certain parts of the Holy Scriptures that we should be able to teach without contention or controversy, and one of those parts is the importance of social justice in the Old Testament.

It doesn’t surprise me that the White Christian Nationalists find that teaching objectionable. Those whose ancestors “sold the righteous for silver” and “trample[d] the heads of the poor into the dust of the earth,” are now threatened by the message of the prophets they profess to revere. They have no time for the morality of slaves, whether of Egypt or Tallahassee, because they see themselves as the rightful masters of our society. Don’t tell them to tax the rich. They’re more interested in “drink[ing] wine bought with their fines.”

 

CNN Is Aiding a Seditious Conspiracy

The cable news company fundamentally misunderstands the moment we’re living through.

Let’s not fuck around. Let’s get straight to the point.

§2384. Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

President Donald Trump and his chief of staff Mark Meadows conspired to destroy by force the Government of the United States. They attempted to prevent, hinder and delay the execution of Congress’s ratification of the outcome of the 2020 presidential election. There were many other conspirators, but it only takes two to make a conspiracy.

The courts have already adjudicated three separate seditious conspiracy cases resulting in 14 convictions. There is no longer any debate that a seditious conspiracy occurred which culminated with the murderous storming of the Capitol Building on January 6, 2021.  By January 6, 2023, the government had prosecuted over a thousand people for their role in the siege. That number is higher today. Trump has so far escaped arrest on any charges related to his coup attempt, but no one should be any doubt about his culpability nor the probability that Special Counsel Jack Smith will soon bring charges. Justice cannot be served if more than a thousand of people are prosecuted and the ringleader is not.

The executives at CNN know this. They also know that the courts have been struggling to deal with his habit of inciting violence, leading them to create an anonymous jury in the E. Jean Carroll sexual assault case which just resulted in the ex-president being held liable and to the issuance of gag order in the Stormy Daniels hush money case prohibiting Trump from discussing the case on social media.

In case after January 6 case, both defendants and lawyers on their behalf have openly blamed Trump’s lies about the 2020 election being rigged or stolen as misleading them into committing crimes. And at no point has Trump stopped lying and inciting.

These are the reasons CNN was warned by so many people not to host a town hall meeting for Trump. They didn’t listen.

By providing a format for him to continue his lies and incitement, CNN did what the courts are desperately trying to prevent. That they did it on the pretext that he’s a presidential candidate for 2024 with strong showing in the polls just shows a basic misunderstanding of what it means to be a good citizen who supports the Constitution and opposes sedition.

Dozens of people have written condemnations of CNN’s decision and the resulting clusterfuck. I don’t need to add to their points here. CNN has disgraced themselves and they deserve every measure of brutal criticism they receive.

Trump Has Been Tied to the Whipping Post

E. Jean Carroll’s verdict against the disgraced ex-president is just a few lashes in a longer process of accountability.

You have to figure that if you’re ever accused of committing a rape over 25 years ago by someone who isn’t sure what day or even what year the attack took place, and who hasn’t produced any physical evidence to back their claims, that you’ll be pretty unlikely to be found guilty. Even if they produce a couple of friends who testify they heard about the incident at the time, that’s a pretty easy tale to concoct. It certainly isn’t enough to prove anything beyond a reasonable doubt. Even in a civil case where the evidence only needs to be more likely than not, you’d assume a jury unlikely to tar someone with committing sexual assault with such a threadbare case. But you’re not Donald Trump.

Trump’s problem is that he’s too conceited to actually speak in his defense, and too lacking in credibility to win any benefit of the doubt. When he claimed not to know E. Jean Carroll, a picture was produced of the two of them together. After he said she was not his type, he confused her with his ex-wife Marla Maples. Meanwhile, Carroll’s lawyers established a pattern of behavior stretching several decades of Trump being sexually aggressive with women, and they had his own words from the infamous Access Hollywood tape where be bragged about grabbing women by the pussy and getting away with it because he’s famous. That and Carroll’s say-so were sufficient to produce a unanimous decision from a jury of six men and three women that he did indeed commit sexual assault and then defamed Carroll when she wrote about it. He’s been ordered to pay $5 million in damages.

To be sure, there are areas of the country where Trump has enough credibility that the outcome might have been different. It’s too bad for him that the assault didn’t take place in those areas. His only consolation is that the jury could have found him liable for committing rape but settled for a lesser charge of sexual assault. And I guess he can comfort himself that he won’t go to prison or have to register as a sex offender. This only happened because the story Carroll told seemed completely plausible, and his response only made it more so.

Former New Jersey Governor Chris Christie stated the obvious to Brian Kilmeade on Fox News:

“[Trump’s] response, to me, was ridiculous — that he didn’t even know the woman. I mean, you know, how many coincidences are we going to have here with Donald Trump, Brian? I mean, he must be the unluckiest S.O.B in the world. He just has random people who he has never met before, who are able to convince a jury that he sexually abused them. I mean, this guy. It is one person after another, one woman after another. The stories just continue to pile up.”

Of course, Trump still has his supporters in the Republican Party. Tommy Tuberville, the senior senator from Alabama, said that the verdict “makes me want to vote for him twice.” That’s presumably because Tuberville believes it’s all part of a “witch hunt” and not because he’s super enthusiastic about violence against women, but I’m not even sure anymore.

Here’s what I do know. Trump has committed so many crimes and offenses impacting so many vital components of our country that he absolutely deserves to be tied to the whipping post. And that’s what this verdict was–just a couple of lashes in a long series. He will be held to account. His charity has been shuttered and his business found guilty of “tax fraud and falsifying business records.” He’s going on trial on similar charges in Manhattan, and he will likely lose. He’s going to face more state charges in Georgia and in federal court related to his coup attempt, and he’ll likely face federal obstruction of justice charges and perhaps charges related to the mishandling of classified information. I wouldn’t rule out federal wire and mail fraud charges and maybe even something related to campaign financing. Add to this that he was impeached twice, and the second time found guilty by a 57-vote majority of the Senate.

For a long time it looked like he’d never face meaningful consequences for all his wrongs, but he’s getting his comeuppance. And E. Jean Carroll can be proud to have made a powerful and meaningful contribution to justice. She has real courage.

Midweek Cafe and Lounge, Vol. 310

Greetings! It’s another mid-week. Last week, I posted a Miles Davis video. I’m going to stick with Miles Davis this week. My Dad and I didn’t necessarily see eye to eye when it came to music, other than (certainly as I matured) the really good songs and albums were ones that had as he would put it, “lasting value.” We’d end up sharing an appreciation for the work of Miles Davis. Dad and I enjoyed different eras of Miles’ recordings. I think as a teen I initially got into his post-retirement comeback recordings. Those had Miles backed by a mostly electric band. Dad enjoyed Miles’ recordings from the late 1940s through the early 1960s. He especially loved the albums Miles did where he collaborated with Gil Evans, who would handle arrangements and conduct the band in studio. Those were lush big band recordings that had a great deal in common with orchestral music. I will share with you what I am convinced was Dad’s favorite Miles Davis LP, Sketches of Spain.

Dad passed away Monday evening, so this post is dedicated to his memory. I am grateful that I managed one last visit with him over the weekend. He was having a fairly good day, under the circumstances, and we had a good final conversation. I will miss him, but I have many wonderful memories of one of the people who helped me become who I am now.

Salud!