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The Stein Recount Needle and the Damage Done

vote-recountI stated earlier my issues with the Jill Stein fueled “recount” effort. Since that time, there seems to be a hue and cry to the effect of “irrespective of Stein, these will be helpful and are especially needed after Trump’s lie!”.

There are many instances of that thought, but this from Will Bunch at the Philadelphia Inquirer/Daily News, a friend whom I admire and like greatly, is indicative:

The stakes are too high to calculate. But there is one other thing about Trump’s big lie about the 2016 election. Ironically, before today, the case for a recount in the three states was a tad shaky. While the threat of Russian (or other) hacking has been a valid concern, little in the way of actual evidence of a stolen election has emerged since November 8. But now that Trump has alleged massive fraud, the integrity of the American system demands that the result be audited and properly certified. So let the re-counting begin.

I disagree rather strongly.

As said, I already stated my objection to Stein’s effort, as initially targeted to Wisconsin. Let’s take a look at the situation in Pennsylvania, where Stein has putatively filed today, the last possible day legally. A quote from Pennsylvania election lawyer Gregory Harvey in local Pennsylvania press is instructive:

The biggest obstacle to this getting anywhere may be deadlines. The recount petitions come on the very last day, and if they’re designed to generate enough evidence to contest the election, that’s going to be a stretch.

Harvey, the election lawyer says the deadline for an election contest, which must spell out the specific conduct that merits overturning the result, is also Monday, Nov. 28. With a compelling case you can always ask the court to make an exception, but they tend to be pretty strict about election law — that thing about not changing the rules after the game is played.

Harvey said Steins’ prospects for success are so remote that “raising money to do something in Pennsylvania must be intended only to publicize the Green Party.”

Again, remember, there is a difference between rote “recounts” and comprehensive “audits”. This is especially germane to WI as noted previously, but also to Pennsylvania, and Michigan, should it come too. Even if the recount found something, and there is no basis to believe it will, the legal timeframe is blown. And, no, courts are not likely to remedy such laches. (So, where has Stein been for weeks since the election and before she so conveniently glommed on to, and misrepresented, Halderman et al’s report?) Ah, late breaking, indeed Wisconsin has already denied the last second recount by hand from Stein and Stein is now suing to try to overcome the administrative ruling:

Unless Stein wins her lawsuit in Dane County Circuit Court, officials in each of Wisconsin’s 72 counties would decide on their own whether to do their recounts by hand. That could mean some counties perform recounts by machine and some by hand.

Yes, shocking! And good luck with that. Again, as I have relentlessly stated, once you approach administrative boards and, even more so, courts, you need actual demonstrable bases for your argument of fraud, mistake etc. Which is something Jill Stein and her effort simply have never had. That does not cut it. Ooops!

Stein has until Wednesday to file in Michigan, but there is no reason to think the effort will be any more focused, intelligently drafted, nor timely, than has been displayed to date in Wisconsin and Pennsylvania.

But there are bigger issues here than Jill Stein’s folly, right? Right! Indeed there are, and Stein’s cynical effort only hurts those larger picture items. But, irrespective of all of the above, it is a wonderful thing that the votes are being recounted, right? Maybe, and quite arguably, maybe not.

If this effort involved intelligent and targeted meaningful “audits” of voting in Wisconsin, Pennsylvania and Michigan, that would truly yield the data we need to answer a variety of questions, I would agree wholeheartedly. But that is not what is afoot here via Stein. These are rote last second “recounts”, likely through the same tabulation mechanisms originally used, and are almost guaranteed to produce the same results, give or take minuscule deviation.

In fact, as close as I can discern from reportage, even in Stein’s first state, Wisconsin, to perform a truly different full hand count analysis requires leave of a court. And it is hard to see leave of court being given without a substantive evidentiary basis being proffered, of which there is, of course, none to date. In Pennslyvania, the outlook is no better, and arguably even more lame and adverse. That is before we ever get to Michigan, which the last second for Stein is Wednesday.

There are a lot of truly intelligent and proper purposes for all Americans, and currently Democrats, to want to test and audit the vote in this country. It is that important, and that germane to our democracy.

By the same token, it is also too important to be driven by a crass vanity project at the last second by a bit player glomming on for self promotion. This is the lifeblood of American plebiscite and democracy, and we deserve better.

But the current action is not just a curiosity that “can’t hurt” or that is suddenly necessary to react to some idiotic tweet by Trump. The stakes are higher than that. Stein’s effort is ill advised, ill counseled legally, ill targeted, ill executed and ill timed by every metric I can see.

And, yes, there can be real harm therefrom. An effort like this that does nothing but confirm the general overall propriety of the 2016 vote does nothing but confirm Trump’s election. But, more importantly, it lends a larger argument that our voting system is fair and accurate, and thus not in need of further reform and updating.

Sure, it may, for the next few weeks, counter the blindered fascination of many as to rebutting Trump’s idiotic tweet on “millions of illegal voters”, but that is transient and short sighted. In the long run, it will just feed the larger GOP effort, and they now hold both houses of Congress and the Presidency, to not reform and improve American voting mechanisms, but indeed to accept that it is all fine technologically and then go about further voter suppression and restriction measures generally.

Greg Sargent discussed this at the Washington Post Plumline this morning:

Trump has now made national news with this tweet, a response to reports that Hillary Clinton’s campaign will join a recount effort in Wisconsin and possibly Michigan and Pennsylvania as well
….
As Glenn Kessler explains, there is zero evidence that this happened. Trump will continue to reach deep into the fever swamps to shape reality for himself and his supporters — only now he’ll do so in the position as most powerful person in the world. Trump also tweeted that there was “serious voter fraud” in three states that the media refuses to report upon.

But all this may also telegraph something concrete that we might see under a Trump presidency: A far more ambitious effort to restrict access to voting than we might have expected.

“My concern is that this might be a signal that we will see an assault on voting rights,” Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice, told me today. “Claims of nonexistent voter fraud and noncitizen voting are precisely the kinds of baseless justifications that we’ve seen for the wave of laws in the past couple of years restricting voting access.”

Yes, indeed. I think this is exactly what I am, and have been, saying. Well put by Sargent.

Democrats, and yes Greens to the extent they really care, should stop playing the game that is already lost, and 2016 is already lost, and start playing smartly as to the future. You want comprehensive and meaningful actual voting audits, as opposed to rote recounts, of the vote? Excellent! Let’s work on that for the future. Let’s do that for all states, and not just the three that Jill Stein glommed onto to self promote.

There is a fight out there to be won, but the instant “recount” effort is ill advised and not going to do squat to win it.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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The Self Serving Jill Stein Recount Scam

ap_514085205775-021470928390Jill Stein, admittedly, always struck me as a bit of a naive and somewhat unhinged candidate. But, Stein was the “Green Party” candidate and, once Bernie Sanders lost, became the go to darling for ill advised voters and activists that were far too willing to wreck the world with Donald Trump than consider the circumstances and vote for an eminently qualified, albeit terribly flawed, candidate in the form of Hillary Clinton. It is hard to argue with anarchist, blow it all up, demagogues when trying to protect a lame, and status quo, candidate. Even when the ultimate opponent is a raging racist, bigoted, misogynistic, female choice hating and torture loving shill like Donald Trump.

So many otherwise Democratic voters went off and voted for Stein and/or Gary Johnson. Did it make the “final difference”? I have no idea, but there is certainly an argument that could be made.

Was it the Jim Comey FBI factor from the stunningly inappropriate rogue actions by the FBI Director putting his self righteous thumb on the electoral scale in both the start of the critical summer elections season and, then, yet again in the last two weeks before the election? It is easy to make that argument, irrespective of any other factor.

Was it that Hillary did not expend personal and campaign time and dime in Wisconsin and other Rust Belt states when she did a lost, but very much growing, cause venue such as Arizona? Easy case for that argument as well.

The actual data and competent reportage seems to indicate that all of the above were significant factors. It strikes me that is right.

All of the above factors fed into the defeat of Clinton and the election loss by her, if only by the electoral college, at the tiny hands of Trump. So be it. That is what happened under the electoral laws and process (yes, let us not forget the pernicious meddling of Russia and/or Wikileaks, whether they are coupled or not) pertinent to the 2016 US Presidential election. But, like the result or not, that was all pursuant to the Constitution and election laws as are currently extant in the United States. There is not one competent piece of evidence that the actual vote itself was “hacked” or “rigged”. Just none.

Which brings us to the much ballyhooed action of Jill Stein to crowd fund and conduct audits and or recounts in the key states of Wisconsin, Michigan and Pennsylvania. The second she started her effort, I opined it was an attention grabbing craven play by Stein, and not a legitimate effort with any eye to any substantive results. On a more private forum I intoned:

But that is the thing: It IS bomb throwing, and stupidly so. There is NO evidentiary basis for fraud or mistake that I have seen. The guy who started it, [J. Alex] Halderman himself, admits as much legally when he says he thinks it is most likely poll inaccuracy, not anything nefarious.

I know all the beaten down, especially Clinton diehards, that cannot fathom how she blew this election, want to grasp for something. But it just isn’t there.

I stand by that completely. What Jill Stein is doing is blatant self promotion, list building, reputational repair where it is undeserved, and slush funding for an incoherent Green Party. It is detestable to the extreme. Stein has glommed onto this recount scam as a way to serve herself, she certainly is not serving anything else.

To quote a significant Democratic election law attorney, and longtime friend of this blog, Adam Bonin:

“If there were something to do here, there are a lot of us who would be jumping on it”

Early on the hashtag #AuditTheVote was attached to this chicanery. Here is the problem with that – two out of three of Stein’s target states already “audit the vote” as a regular matter of law without the need for Stein’s self serving injection into the matter. In fact, Stein’s primary target, Wisconsin, has a reasonably robust random audit provision in Wisconsin Revised Statute 7.08(6), which has been generally deigned to require:

The voting system audit procedures consist of two independent processes: an audit conducted by municipalities of reporting units randomly selected by the State Elections Board and an audit of reporting units conducted by the State Elections Board. Number of Reporting Units to Audit: Per the requirements of section 7.08(6), Wis. Stats., each type of electronic voting system in Wisconsin must be audited after the general election to ensure that each system does not exceed the error rate prescribed in the federal voting system guidelines. The State Elections Board will randomly select fifty (50) reporting units across Wisconsin which will be subject to municipal audit, including a minimum of five (5) reporting units for each voting system used in Wisconsin. If fewer than five (5) reporting units for any voting system are selected through the random selection process, then additional reporting units will be randomly selected by voting system until five reporting units per voting system have been selected. If there are fewer than 5 reporting units using a voting system the State Elections Board staff will audit those reporting units if the reporting units are not selected as part of the random draw. until five reporting units per voting system have been selected. If there are fewer than 5 reporting units using a voting system the State Elections Board staff will audit those reporting units if the reporting units are not selected as part of the random draw.

Well, that is actually pretty robust. And all of which would have been, and will be, performed without the preening self interjection of Jill Stein in her first state of concern, Wisconsin.

Just Wisconsin? Nope. Pennsylvania also has an inherent audit provision, though not quite as robust as Wisconsin. The bottom line is, though, there are already “audit the vote” provisions in two out of three of Jill Stein’s targets, even though she declined to say so in her propaganda seeking funding to stay in the spotlight and reconstruct her reputation. In fairness, Michigan has no such automatic audit provision, so there is that.

Next, you need to consider that there is a substantive difference between “audits” of the vote and flat out recounts. Stein has always been about recounts, despite the bogusly applied #AuditTheVote nomenclature applied by Stein and her glommers on. Recounts are expensive, labor intensive, and time consuming. And they are asinine where there is not a single shred of competent evidence to support fraud or mistake that could, even in the remotest possibility, change the outcome in a given state or states.

And, let us be crystal clear here, there is still NO competent evidence whatsoever of fraud, mistake or other irregularity that could change the result. None. And that is the thing, unless there is fraud, mistake or systematic error, recounts can do nothing to legally support a challenge to the election results. A challenge has to stand up in court. It cannot be thin and based upon rote supposition and suspicion. Even if Stein’s folly turns up a minor discrepancy here and there, that will not suffice.

The vote differential, again in Wisconsin for instance, between Clinton and Trump currently stands at 27,259 votes. Yes, that is less than the total of Stein, so despite the wild claim she threw the election that some Clinton supporters have thrown, I will not. Some Stein voters were never going to vote for Clinton; so while Stein’s vanity run deserves ridicule, it does not, in and of itself, “prove” Clinton would have won but for Stein. Close enough for ridicule given that Trump is the result? Sure. But, again that, too, holds for ridicule of Clinton’s own arrogant and detached campaign and the fatally pernicious effects of the completely rogue arbiter of his own justice, James Comey.

So, where does that leave us? With a Norma Desmond like self promoting grifter, dying to redeem her name and stay in some/any spotlight, in the form of Jill Stein. She was a cancer on the election (hey, her dinner with Putin and Mike Flynn was cool though!) that, at a minimum, helped elect Trump, and she is sticking around to create more hell now that said deed is done.

This is absurd. Jill Stein is a grifter and a fraud. And she is playing this opportunity to, first off, list build for herself and the Greens, secondly, resuscitate her and their name, thirdly, stay in the press, and lastly, create an amorphous slush fund to continue those things. Stein is succeeding beyond wildest expectations if your idea of the normal course of business is Donald Trumpian level grifting.

For a woman who raised only $3.5 million during her entire vanity run for President, Stein has now raised nearly $6 million dollars in far less than a week on this scam. That is NOT because Stein has dedicated Green Party followers wanting to bleed yet more money into their candidate after the election; no, it is because desperate Clintonians are seeking some way, any way, to stop Trump. And playing on that desperation is exactly the fraud of Jill Stein.

A common refrain I see is that, “golly, there is no harm, and much good, that can come from confirming the vote”. But that is just more self serving balderdash from the desperate and/or Stein acolytes. In fact, there is great harm that can come from Stein’s shenanigans. Here is Rick Hasen from the Election Law Blog, quoting the Wisconsin Journal Sentinel:

Wisconsin could be at risk of missing a Dec. 13 deadline to certify its 10 electoral votes if clerks can’t complete an expected recount by then.

Hitting the deadline could be particularly tricky if Green Party presidential nominee Jill Stein is able to force the recount to be conducted by hand, Wisconsin’s top election official said.

Stein — who received just 1% of the vote in Wisconsin — has promised to file for a recount by Friday’s 5 p.m. deadline in Wisconsin. She is also planning to ask for recounts in Michigan and Pennsylvania, which have deadlines next week.

A federal “safe harbor” law requires states to complete presidential recounts within 35 days of the election to ensure their electoral votes are counted. This year, that’s Dec. 13.

What is the upshot of this? Easy, Stein’s effort could easily place Wisconsin, in light of the December 13 deadline, of missing the deadline and disenfranchising all voters in Wisconsin. Yes, there are potential repercussions from actions like Stein is taking, especially when there is no known basis or grounds whatsoever evidentiary wise to support them. And that is just Wisconsin. Michigan and Pennsylvania are in even bigger jeopardy thanks to the self serving hubris of Jill Stein, should she actually continue on to file in those states as promised, without any rational basis for challenging the vote therein.

Lastly, while I have been writing the instant post, the attorney for the DNC and Clinton Campaign, Marc E. Elias, has weighed in on Medium with an official take for both himself and, by all appearances, the aforementioned campaign entities. The Reader’s Digest version, by my eyes, is that, while the DNC and Clinton camps are going to join into the Stein effort, they have never seen any basis for it, and are being dragged into a position of noticing their appearance and joinder simply in order to preserve their rights to be involved should Stein’s group go so far off the rails or, in the remotest of all potentialities, find anything. That is not joinder with enthusiasm, it is joinder to protect your legal voice. Trump is now doing the same for similar reasons. I do not blame either Clinton or Trump for doing so, in fact, Stein’s idiocy put both of said parties in that regrettable posture. Don’t cast your eye askew for one second at Elias and the Dems, nor even Trump and the Repubs, ….Stein and her idiotic self serving publicity play made them do it.

In short, this effort by Jill Stein is nothing more than a self promoting vanity play. If you want to donate to that grift, by all means, go ahead. But don’t blather about how it is going to help democracy or promote fair elections. That is absurd. In fact, just exactly as absurd as Jill Stein’s cynical grift on her current donors who are far different than her few and far between Green donors.

Stein is scamming the dispossessed. That is a Trumpian level fraud.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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Post Election Trash Talk

Well here we are in the fifth day past the stunning election. That maybe was not that stunning at all. I don’t necessarily have anything to add at this point. Success has many fathers, and failure is an orphan. Right now there are a lot of fathers jockeying for power around Trump, and a hell of a lot of orphans pointing fingers about around the Clinton campaign and Democratic party. Well, that should go on for a while I guess.

But enough of that rot, let’s take a look at the sporting world:

As I write this, the Brazilian Grand Prix has just started on NBCSN. It is quite wet at Autodromo Interlagos, and the field started behind the safety car. Which is pitiful. F1 should either race in the wet (what they always used to do) or stop. Circling the track behind a safety car is asinine. Key race though for Lewis Hamilton, who is trying to close the championship gap to Nico Rosberg. One of these two men will be champion, Nico if he wins today, and, likely the winner of Abu Dhabi, the last race of the season. next week, if not.

A bunch of top ten teams lost in college football, including Michigan to Iowa and Clemson to Pitt. Didn’t see those coming, though Clemson has been flaky occasionally this year.

In the pros this week, the obvious marquee game is the Squawks at the Pats in Foxborough. Pats are healthy and even get fleet running back Dion Lewis back, though probably in a limited role. Russell Wilson still seems hobbled for running purposes, but is leading the offense well. Dallas at Pittsburgh should be interesting. Dak Prescott still pulling the trigger for the Boys, but is a question as to the Steelers. I expect Big Ben, but we shall see.

Denver at the Saints seems like it may be good. Saints are actually playing well lately, and they can score points. Can the Broncos and Trevor Siemian score enough to hang? After last week, it is suddenly a good question. Vikings at Skins is interesting to see only as to whether Minnesota can stop its slide. The knee jerk is to say the Vikings and their defense are the better team, but I’ll take Washington. Packers at Titans has the same morbid curiosity – Green Bay has looked horrid, can they get a grip again? Tennessee is still not very good, but they are improving. We shall see.

Music today is Sunday Mornin Comin Down. The song was really penned by Kris Kristofferson, but the Man in Black version by John Cash seemed more appropriate.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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What Becomes Of The Brokenhearted Dems And Clickbait Complicit Media Who Got Us Here?

Will Rogers very famously said:

“I am not a member of any organized political party. I am a Democrat.”

That was made sometime in the 1930’s I think, but it is enduringly true.

So, where will the Democratic party go now that they have had their ass handed to them by Trump? Who will lead the Democratic party going forward?

The calls are already ringing out. Liz Warren! Bernie Sanders! Keith Ellison (Sanders has even issued an email ask as to Ellison)! But there is a serious money people and Clintonian push for Howard Dean. Which is truly mind numbing.

Howard Dean is moldy cheese that needs to be taken out with the next non-recycle trash dump. He did neither himself, nor the party, any favors in the 2016 election clownshow cycle. Seriously, in the 2016 election cycle, Sarah Palin may have been more reserved and credible than Howard Dean.

Dean’s 50 state op got Obama elected in 2008, but he is smelly garbage now. Screw this always retread manure. Dean needs to dry up and go away.

And the Democratic Party needs to extricate their head from their ass and move to the future.

New blood. Dems CANNOT be the same old constantly revanchist assholes every time they lose bigly. And, boy did they lose bigly.

The Dem go to kleptomaniacs like Debbie Wasserman Schultz and Rahm Emanuel not only did not help the party expand but set it back in serious ways in places like MO, KS, AZ and the entire United States.

And, while we are at it, the high holy “Senator Professor Warren” ain’t immune either. She had a moment and a shot, and she cowardly whiffed. Maybe it is something she just truly did not want, and, if so, fine. But don’t tell me that someone that is little more than a year younger than Hillary, and who consciously forfeited both her, and Bernie’s, shot in 2016, will be the Democratic holy savior in 2020.

Don’t do that. This is the same ignorant reset idiocy that got Democrats here today. That time is done. If Democrats do one thing ever, it ought be to build the bridge for the young’s of the United States to clean up the shithole we left them. Liz Warren and Bernie Sanders can be a huge part in doing that. But only as bridge builders, not as the man or woman who will be the avatar in 2020. We need them terribly, but not themselves as the embodiment of the future. That kind of thinking is the idiocy of the past.

There is a future. Although CNN’s Jeff Zucker and Trump/Breitbartism’s Steve Bannon are brothers in clickbait cuck arms that birthed, literally, President Trump, and will not easily give up their money raking news cycles.

The “new normal” is that CNN, MSNBC, NBC, CBS, ABC, New York Times, Washington Post, and an endless roll call of dying, wimpering subservient media jackasses, who rode Trump’s clickbait train to a place in hell, will find it’s new Stockholm Syndromed place and start lecturing us how it is all good and just a “function of normal democracy”. It is already occurring, just watch any Wolf Blitzer on CNN or Chris Matthews on MSNBC moment. They are getting climax happy legs on Trump and Giuliani fascism as we speak.

That is one vision, and the early reality, of what the “press” will do in the coming Trump Presidency. The competing vision, which is what I hope and ascribe to, is that the media extricates their heads from their asses and brings real scrutiny to try to mitigate the hell they helped gestate. Are there enough Brian Stelters and Jay Rosens to get us there?

The brokenhearted Dems have some serious soul searching to engage in. So do the currently unapologetic and furiously rationalizing media and “pundits” who so helped get us here.

“Balanced” is NOT fair. Honest is fair. Accurate is fair. Truth is fair. Putting on panels of bickering loud mouthed bought and paid for political assholes as “news coverage” is NOT fair. Nor is it “balanced” news. Jeff Zucker makes Roger Goodell look like a piker in terms of the pantheon of American assholes.

While the media, especially cable, has a circle jerk field day congratulating themselves over their “wall to wall coverage”, and “looking forward to the transition”, just remember how the Trumpism and fascism germinated. Not shockingly, it germinated the same way it always has. When the gatekeepers of a rational society become more about themselves and their money than their jobs representing society.

There is a lesson here, too, for the Dems in media interaction. You got played and hosed royally. Don’t be the brokenhearted, be the, for once, party that learns from its mistakes and failures, and does better.

Just once, do this. If you can.

UPDATE: Commenter GK James posted something below that I think crystallizes much of what I was trying to say far better than I did, even if from a slightly different perspective.

Sure, but doesn’t that effectively absolve the demos that does the choosing? Aren’t Democrats up against a larger problem, one that they’ve had to wrestle with since Reagan? How do you advocate a progressive worldview when the majority of an aging, increasingly atomized, entertainment-addicted population doesn’t want that? It’s easy enough to say, after the fact, that Clinton should have focused more on those disadvantaged by globalization, or that, had they only chosen Sanders, the Democrats would have won. But recall that, without moving to the center, Bill Clinton would never have made it. A lousy bargain in retrospect, but not a crazy one at the time.

Yes, the DNC needs new blood. But assuming someone is found who can articulate a crisp clear message of what Democrats stand for—and who’s telegenic, personable, and entertaining to boot—how would that change the stranglehold that Republicans have on state governments, state legislatures, and the US Congress? The clear majority likes the status quo, having no problem with gerrymandered districts, voter suppression, or bought-and-paid-for legislators who enjoy an incumbency rate of 90%+. And the infotainment complex is likely to help keep it that way by making sure that its customers are never overtaxed by complicated thoughts. There will still be people, adults, who read, think, and have constructive ideas about matters of public import, which they’ll express in complete sentences. But they’ll be increasingly outnumbered and marginalized in a Twittered world.

Can’t argue with that, and don’t know the answers to the questions. But the Democratic party, if it is to continue (and I think it must), has to start finding those answers quickly.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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Waveland and The North Side, Sweet Home Chicago

pj-bh129_sp_wri_g_20120514203124I was raised in a pretty educated house. We travelled too, from Phoenix to El Paso to Dallas, Houston, New Orleans, Memphis, Miami and Detroit. But those were hit and run trips, most by air, some by car, when visiting grandparents and other relatives during the summer. Nevertheless, I thought I knew the country well. I had also already spent portions of summers working in Santa Monica restoring glorious cars and sometimes meeting stars.

I was just turned 18, a man or the world, and god I knew it. But I was really none of that at all. I didn’t know shit.

Then I started college and moved into a dorm. By happenstance, at Arizona State University, I was assigned to an asylum, er floor, chock full of similar kids, on that floor almost all from Chicago and New Jersey. The first few days were an amazing, though not rude in the least, awakening. One group dragged me, literally almost kicking and screaming, to see Bruce Springsteen rock the venerable, and historic, Grady Gammage theater at ASU almost to the ground. That was life changing in a way.

The others were the Chicagoans. They taught me the love and misery of the Cubs and the perpetual Windy City. And Chicago blues and rock. Many of the Chicagoans I met that way in college are still friends to this day. Their parents all came out, then and now as they can, for Spring Training to see their Cubbies. Being from here, I always took spring training for granted growing up as a kid. It was kind of a yawner. But the Cubs fans had a love, purpose and passion that was incredible. Anybody that went to the old Hohokam Park knows how greatly insane, drunken and wonderful it was.

Fast forward to the present day. One of those Chicagoans had parents who, when they retired, moved here permanently. To be close to their son and the winter home of their beloved Cubs. I knew them well. The father wanted to see the Cubs in the World Series before he died. He did, but not by much. He slipped into peaceful sleep right after they won the National League Championship, and never woke up. But, ain’t that a Cubs fan? This is for you Richard, RIP.

That is my own personal story of how and why the Cubs touched me, not just this year, but long ago. The stories are legion. Tell us yours.

The inestimable Wright Thompson has penned a simply beautiful piece that captures so much of the everything goodness that is the Cubs World Series win:

CUBS FANS awoke Wednesday to one last wait, with little to do before Game 7 but think, about themselves and their families, about the people who’ve come and gone during these 108 years of failure. Hundreds found themselves drawn to Wrigley Field, where workers were already breaking down the concessions and cleaning out the freezers. Some people said they didn’t even mean to come. They started off on a trip to the store and ended up standing in front of the stadium’s long brick wall facing Waveland Avenue. Many wrote chalk notes to the dead. Some dedicated messages. This one’s for you, Dad. Others wrote names. Dan Bird. Ben Bird. Eugene Hendershott. A man with a bright smile but melancholy eyes wrote the name of his late wife, Andrea Monhollen. They met four blocks from here, on Racine. She’s been gone six years.

“Cancer,” John Motiejunas said.

He looked around at the names, each one as special to some stranger as his wife’s name is to him. All these chalk ghosts longed to see a day like this one. Each name represented an unfulfilled dream. The big bright murals made the wall seem fun and festive from afar, but a closer look revealed life stripped of romanticism. “A lot of people waited their whole lives,” Motiejunas said. He took a picture of the wall and then left, walking through the light rain that had begun to fall.

There is no way for me to recommend you reading Thompson’s entire piece enough, it is fantastic and a tear jerker. And if you think that quote from the top is good, you REALLY need to see the rest.

Sports are a lazy diversion from reality in America I guess. Or they are a metaphor for everything that is awesome about America. Or it is just a game. Or, just maybe, all of the above.

It has been a long and painful slog through the swamp of an ugly political season. One that started far too early, and promises to never stop even after the election. I could insert links and cites, and yadda, yadda, yadda but what difference does it make anymore? One candidate was born a Cubs fan, and the other literally thinks he was the second coming of Babe Ruth and the world simply was deprived of recognizing his narcissistic awesomeness because he went into the business (of bankruptcy and fraud) world instead.

TWENTY MILES NORTHWEST, cars parked in groups along the winding paths of the All-Saints Cemetery. An hour remained until the 5 p.m. closing time. It’s a Catholic burial ground, out in the middle-class suburbs, and there are dozens, maybe hundreds, of Cubs flags and hats and license plates and signs. It’s one of many places around Chicago this past week where the conflicting ideas of joy and pain leave the realm of the psychological and become attached to action. People come here for many reasons, to say a little prayer, or talk to someone, to themselves, or to believe that their loved one knows what is happening tonight. Last Friday, an old man in a Cubs jacket stood over a grave and left a pennant and a Cubs pumpkin. Yesterday, a middle-aged woman named Maureen stood for the longest time at a grave not far away. A sign said “Believe.” Maureen touched her hand to the Cubs logo on her chest and smiled, looking back at the ground.

“My son,” she said.

Then she pointed across the rolling hill to the most famous grave in the cemetery, which is where she was headed next, to pay respects to Harry Caray before going to watch the game. His stone has green apples on top, an inside joke referencing a quote about the Cubs one day making it to a World Series just as surely as God made green apples.

Wright Thompson has painted the perfect picture of the Cubs fan. It touched me. And made me remember so many things, and so many people. I know them. You know them. They are us, and we they. Wright also made me forget for a bit the intellectually demeaning tornadic hell that is the 2016 election. I hope you will find the same moment of peace.

Right now, football is boring, Formula One sucks and the NBA doesn’t yet matter. So, this is yer Emptywheel Trash Talk for this week. Share your stories and thoughts. Music is Sweet Home Chicago. There were a lot of versions to choose from, but this seemed to be the right one. The original Robert Johnson version. Keep in mind, when Robert Johnson first recorded that song, the Cubs had already not had a World Series victory for 28 years. That string only ended this week. As a bonus, I also include a newer version by Eric, BB, Buddy, Mick and some dude named Obama. Have a great weekend folks.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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Saturday: Hey! It’s Apple Picking Season

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Ran across this purported image of Rep. Jason Chaffetz’ business card in my Twitter timeline. Huh…has the GOP-led Congress cut funding to Congress’ information technology so tightly that they’ve outsourced email services to Google and didn’t even buy a domain which might appear to be something other than Gmail?

It’s apple picking season here, though after our first frost and snow this week in my neighborhood I’ll be doing less picking than buying. I’m going to make some baked apples, apple crisp, and the Impossible French Apple Pie recipe below. What about you — do you harvest anything special like apples or other autumn fruits and vegetables of the season?

Impossible French Apple Pie
Serves 6

Ingredients:

Pie filling:
3-4 cups sliced peeled apples (3-4 large)
1 tsp ground cinnamon
1/4 tsp ground nutmeg
1/2 cup biscuit/baking mix
1/2 cup granulated sugar
1/2 cup milk
1 TBSP butter or margarine, softened
2 eggs
1 tsp vanilla extract

Streusel:
1/2 cup biscuit/baking mix
1/4 cup chopped nuts
1/4 cup packed brown sugar
2 tablespoons butter or margarine, cold

Directions:

Preheat oven to 325ºF.
Grease well a 9-inch glass pie plate.
In medium bowl, mix apples, cinnamon and nutmeg; place in pie plate.
In medium bowl, stir remaining filling ingredients until well blended.
Pour over apple mixture in pie plate.
In small bowl, mix all streusel ingredients with pastry cutter or fork and knife until crumbly; sprinkle over filling.
Bake 40 to 45 minutes or until knife inserted in center comes out clean.
Cool 5 minutes before serving.

Store in refrigerator.

Cook’s notes:
— Firm, tart apples give the best results. Not so much Macintosh or Jonamacs which tend to be soft.
— I use half-and-half white and brown sugar instead of all white. The result is moister and more flavorful.
— I prefer chopped walnuts, but use any you’d prefer, or omit altogether.
— Try substituting an equal measure of pumpkin pie spice instead of cinnamon and nutmeg for a slightly different twist.
— Butter is best versus margarine; if you must use margarine, use one with higher oil content for best results.
— VANILLA. The real thing is best here. May be omitted.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.
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The Jetzon’s Self Driving Auto Car Drone Aint Here Yet

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History shows again and again
How nature points out the folly of men.

Yeah, truer words never spoken. Even if in relation to Godzilla. And you can apply that to the relentlessly ballyhooed “autonomous driving automobiles”.

Seriously, this stuff is Henny Youngman type of slapsick comedy. It ain’t happening.

Okay, I am cribbing from Atrios, but dammit, what the hell do you think us conspiracy propagators are supposed to do??

I’m just saying these cars won’t ever (in our lifetimes – sure, eventually the singularity might arrive) really work as hyped and certainly don’t deserve all of the press they’re getting. I also don’t think that even if they did work they’d be a big improvement for all (some) of the reasons people think they will be, but those are more debatable issues which I rarely bother to debate because the fact is the things aren’t going to work. Okay, I’ll define “work.” Basically, you have to be able to tune out 100% over 90% of the time. I’ll even allow for a “last mile” kind of “time for you to drive” thing as long as the rest of the time you can kick back and read your book or whatever. Because if you have to pay attention but usually not doing anything, what’s the point? It’s just better cruise control. A neat feature for some, but nothing more than that.

Ya. I am sure that all of you out there driving their Tesla 3’s will squawk [oh, wait, they are not out yet!]. As I am sure all of you on the waiting list for Tesla 3’s [good luck with that!] that is already years behind technical and production capability at Tesla are oh so defensive of the giant Elon Musk dream. Surely the dream will catch up to reality, it must!

Also, the supertrains between Los Angeles and San Francisco (okay, forget the “cheaper” stuff, that was a joke!) and between New York and Washington DC are totally gonna be ready to roll after New Year’s Eve.

When the candidates talk about their totally awesome “infrastructure and jobs” proposals, maybe ask what the hell they are talking about. Because it is probably bullshit. Hold them to it.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
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The Kids Are Alright Trash Talk

Been in a rather heated matter all week, and Marcy has been traveling. Bottom line is, blogging has been thin here. Sorry about that. And this post will be only a band-aid, and I apologize about that as well. Problem is, while I was off heatedly litigating things, a friend eventually, who started out as judge who always treated me well while he was the Presiding Criminal Judge in Maricopa County…..has died. This was one hell of a man.

As to college, Texas A+M versus Alabama.

Pros, Pack killed the Bears, and only amplified in the process the problems with Aaron Rodgers and the entire Cheese team. Sad!

In other NFL news, There are a lot of good games, but few great ones. And Roger Goodell and the NFL are losing ratings because the are craven pieces of unattractive shit dominating the news. Irrespective of the superlative play of the NFLPA players. Goodell needs to look in the mirror for “what’s wrong” with the league he incompetently leads.

Frankly, screw the @NFL, baseball has some real and compelling excitement. The long suffering Cleveland Indians already have punched their ticket to the World Series. The battle between the Cubbies and Dodgers looks to be a League Championship Series for the ages. I grew up a Dodgers fan, but am firmly in the Cubs side now. Hey, if you have ever been to Spring Training in Phoenix, you KNOW the Cubbies rule. Let it so be this year in the NLCS.

Then there is the US Grand Prix. You’d think I would be all over this. And, yet, I never really have been. Austin is a great city, but COTA is a shitbag track, and as has been case for many decades, the US attempt at Formula One is total shit. Hey, they even tried it during the hottest part of the Phoenix heat once. Because THAT was a brilliant idea for “resurrecting” F1 in the United States. The Circus teeters between its old greatness and a Donald Trumpian like death spiral shitshow.

That is Trash. Love it or leave it.

UPDATE: A few quick words: A lot has been made of the Josh Brown mess with Goodell and the NFL this week. Oh, my, even the NFL owners are upset!!

Yeah, Jesus Fucking H. Christ, it is oh so predictable that the “Billionaire” asshole “owners” would get “upset” when their precious profits are on the line. There is nothing, and I mean NOTHING, new on the line between the NFL and reality on the Josh Brown case that was not there geometrically as to the Ray Rice case Roger Goodell and the NFL fucked up worse than a scumbag slimy Donald Trump Gropalo pick up artist in a classy bar.

When I say “mess”, I am being kind. How the NFL and NY Giants Security Offices operated in the Josh Brown case bears no, that is NO, relation to what I have seen out of professional professional pros sports security offices, including those of the NFL, over decades of years. Hey, it has been a few years, “maybe” they all became completely incompetent and ineffectual in that time. Draw your own conclusions, but I will not bet on that one.

Goodell and the NFL perpetuated as completed, falsely litigated, and unmitigated fraud on the world public with the idiotic “Deflategate” case, that did not even track basic physics, as can be imagined.

But, now, you should totally believe the NFL and the Giants’ John Mara that “Golly we never could have known that there was domestic violence here in the home of domestic violence and, yes, there is absolutely no difference between a white pasty ass kicker and a black running back.”

This is a pile of shit schticht that makes Captain Renault in Casablanca look credible. But, then again, that is Roger Goodell’s NFL, isn’t it?

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
clown-bad

Scary Trumpalo Clown Trash Talk

clown-badAs you may have heard, there are scary things afoot this election season. But, no, it is not just the terrifying Trumpalos plotting to execute Hillary Clinton if their cherished Trump is not elected Sexual Molester in Chief, it is also the scourge of the more traditional clowns:

You’ve probably heard of the “killer clown” sightings and threats that are stoking fear around the U.S.

The “killer clown” hysteria began in late August, when unsubstantiated rumors surfaced in Greenville, South Carolina, that creepy clowns were trying to lure children into the woods. Those rumors were followed by reports of scary clown sightings in North Carolina, Florida, Pennsylvania, New York, Wisconsin, Colorado and several other states.

Sure, there are hoaxers,…..BUT:

Though most of the scary clown sightings haven’t been confirmed, or have turned out to be hoaxes, a few have been real. In Kentucky, a 20-year-old man was arrested for lurking near an apartment complex while wearing a bloody clown mask. And earlier this month in Roseville, Michigan, two 18-year-old women were arrested for dressing as clowns and chasing and frightening two 14-year-old girls.”>Though most of the scary clown sightings haven’t been confirmed, or have turned out to be hoaxes, a few have been real. In Kentucky, a 20-year-old man was arrested for lurking near an apartment complex while wearing a bloody clown mask.And earlier this month in Roseville, Michigan, two 18-year-old women were arrested for dressing as clowns and chasing and frightening two 14-year-old girls.

clowntrumpThen there is the ass clown that is Trump.

The Trumpalos following The Donald give new meaning to the thought of a truly insane posse.

Again, from the link above:

Amid the panic surrounding scary clowns, some schools are banning clown costumes this Halloween. The superintendent of Montclair Public Schools in New Jersey asked parents not to allow “children to dress up as clowns at any school event due to the possible disruption and fear it may cause.”

Some schools in Connecticut, Colorado, California, and other states have also banned clown costumes this year to avoid creating a panic.

Wonder if the school is similarly banning Trump costumes, because that it the real scary clown in our lives currently.

Anyway, on to the games for this weekend:

For the “student athletes” the two marquee games are clearly Alabama at Tennessee and Ohio State at Wisconsin. Hard to see how the home cooking in Knoxville and Madison, respectively, will be enough to carry the home dogs. Both going to still end up under. Of the two, the Badgers have the better shot. I am rooting for them because it is our friend Phred’s team, but still hard to see. Other games on the schedule that may be good: Ole Miss at Arkansas, UCLA at Washington State and Arizona State at Colorado. In any normal year, the Devils would be favored by about 20 over the sad sack Buffs. This is a weird year in the PAC though, and Colorado is tough, especially in Folsom Field in Boulder. I’ll take the Buffs, sadly.

In the pros, The Bolts already upset the Donkos on Thursday Night. The Jets are here in Phoenix to take on the Cards in the Big Toaster for Monday Night Football. Cards have just been off all year, and I don’t see that such is improving yet. Carson Palmer is back from a concussion, so I guess you have to favor the BirdGang, but hard to have much confidence. Lot of interest in the Cowboys taking to the Frozen Tundra in Lambeau. If Dak Prescott can pull of that kind of win, he may never give up the starting QB job, even when Romo eventually returns. Hey, it happens, just ask Drew Bledsoe about that Brady kid.

The Eagles visit the capital to see the Skins. The skins are a surprising 3-2, with the two losses coming to good teams, the Steelers and Cowboys. Philly is 3-1, and got a LOT of early press, but then got exposed somewhat by the Lions last week. This is a pick em and should be a good game. Hard to see the Bungles beating a still pissed off Tom Brady and the Pats in Foxborough. The Rams at Lions may also be a strangely good game. Betting on the Kittehs is never smart, but I am going to.

Music this week by Smokey and the Miracles in keeping with the clown theme.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

This Stupid Election Campaign

My wife and I have been on the road since mid-August, trying to avoid what we were pretty sure would be the dumbest election campaign in our lifetimes. It went well at first, because we had little internet connection, and were out and about in other countries. Now we have settled in for October in a place with good internet and a bit more time on our hands, and this ridiculous campaign is washing over us in great gouts of ugly and stupid.

Along the way, we have talked to different people about the state of things in the US. A typical event involved two women from the UK, one of whom lived in Uzerche, a small town towards the south of France. When they found out we are from Chicago, they started in on Trump. What’s wrong with you people, they said, almost in unison. I asked what’s wrong with the UK, voting for Brexit and dumping on Jeremy Corbyn. In Menton, France, we talked to a pharmacist who asked about Trump; we asked about Marine Le Pen, and he started in on Hillary Clinton as a barely acceptable politician. So we asked about Hollande and the rising Sarkozy.

In one group I asked why there were no young politicians in France. People insisted that there were, but each person they named follows closely in the tracks of an old politician. Hollande has been a terrible disappointment to the lefties, adopting neoliberal policies and claiming that France needs massive labor law reforms. Some members of this group follow Canadian politics, and they made the point that Justin Trudeau looks more like Obama every day, as he reveals himself as a typical neoliberal now that he is in office.

It puts the election in a different framework for me. It isn’t just us. Everywhere we travel, people are fed up with politicians. But when we point to their own politicians, they all tell us that Trump is totally different from their right wingers. They think he’s bizarre, and the fact that he won the nomination of a major party is a sign that something is seriously wrong with the US.


Something is wrong with us as a nation. The scene in the video between Ted Cruz and a Trump supporter sums up the problem for me. Cruz thinks he is the leader of a movement, encapsulated by the Congressional Freedom Caucus, that wants to rip up the old ways of doing things and insists on the purity of its cause. He’s talking to a guy he thinks supports his Movement, and he thinks he can reason with the guy. But the entire point of the Freedom Caucus is to ignore facts and logic. That guy is the Freedom Caucus in a hoodie and dark glasses. There isn’t going to be a debate, and there is no interest in facts and logic.

Hillary Clinton faces that same nihilism in its pure form, Donald Trump. Facts are irrelevant, and logic is irrelevant. He says whatever comes into his head, just like those people berating Cruz. She predicts that there aren’t enough of those people to give Trump the election. She thinks that simply seeming more or less normal is enough to win.

It’s enough for her to act like there’s nothing wrong with this country that can’t be cured by a few tweaks. She doesn’t have to talk about the disasters of climate change, a job-dependent economy that doesn’t provide enough decent jobs for people who desperately want to work, a government that has lost its orientation, an economic discourse unwilling or unable to get past the failed ideas of the Chicago School, a system of justice that viciously beats up the poor and lets the rich walk with a wink and a fine, a police state in the making, a foreign policy dominated by killing people around the world, or any other real issue. She doesn’t even have to hammer the loons in the Freedom Caucus in the hopes of dislodging the worst set of obstacles to progress. And she certainly doesn’t have to talk about a future with many fewer jobs thanks to technology or a poisoned planet stripped of resources.

If the Republicans had nominated one of their saner candidates, we’d have seen the standard Republican answers to all problems: tax cuts and deregulation; and some dog-whistling on social justice issues. Clinton would have offered exactly the same policies she offers today. Both sides would act like nothing has changed since the last century; they’d pretend everything is just fine as the planet burns up. Neither side would acknowledge that we face serious problems that require radically new solutions and a radically different understanding of the society, the economy, and the state of the world.

This campaign is stupid. But at least it has clarified what’s wrong with us as a nation. We’re stupid enough to put up with it, and those that aren’t stupid enough to put up with it don’t have a clue about how to fix it.

Notre Dame undergrad (math); JD, Indiana University at Bloomington; 1st Lieutenant, US Army.; private practice in corporate and securities law; Assistant AG in Tennessee for consumer protection and securities; Blue Sky Securities Commissioner, Tennessee; private practice, bankruptcy and corporate law.

I have had a lifelong interest in economics. For most of my career, that interest was practical, focused on the problems in front of me. Lately I have been more interested in economics as a theory, especially its impact on the lives of people like those I met in my bankruptcy practice, and on the politics of money in the US. I also enjoy reading philosophers, starting in college and steadily expanding my reading ever since. I wrote at FireDogLake for a number of years.

Generally, I think the problem facing the US is the dominance of neoliberal discourse. I think it clouds the vision, and limits the kinds of problems that can be identified and solved. For example, the existence and danger of climate change can easily be identified in a scientific discussion. However, the problem does not fit the neoliberal discourse because science insists that the pursuit of individual and corporate self-interest will lead to devastation. In neoliberal discourse, the pursuit of self-interest always leads to Eden.

The neoliberal project has two prongs. One is the police function of crushing dissent and alternative views. The police function is provided by government agencies and private and institutional actors. The counterpart is the economic system , which is operated by government and by private and institutional actors. Some of these actors operate in both spheres. I focus on the second prong.