A Letter For Rod Rosenstein To Remember

Before there were internet “memes” there were still plays in words that conveyed huge situations beyond the mere words. One was “A Night To Remember”. Yes, even before the famous movie (and before the sappy and stupid “Titanic” decades later), it was an earlier book about the Titanic disaster. There are daily shipwrecks as significant as that now in the Age of Trump.

Today, specifically, we have the issue of a Titanic level shipwreck President crashing the country out of pettiness and ignorance like the United States has never ostensibly seen in its history.

Yesterday on Twitter, I noted that there was a telling omission in the supposed “justification” memo Rod Rosenstein penned and Trump initially claimed to rely on as basis for firing Comey:

This morning, in what I can only describe as an admirable mea culpa statement that I think will long be remembered, in a good way, Ben Wittes called for Rosenstein to go.

In the end, Trump was able to make set piece out of Rosenstein, because Rosenstein let himself be used as a set piece. And there’s an important lesson in that for the many honorable men and women with pending appointments and nominations to serve in senior levels of the Justice Department—or who are considering accepting such appointments. It took Donald Trump only two weeks to put Rosenstein, a figure of sterling reputation, in the position of choosing between continued service and behaving honorably—and it took only two days after that for the President to announce that Rosenstein’s memo, after all, was nothing more than a Potemkin village designed as a facade on Trump’s predecided outcome.

Do you really want this to be you? Do you really think Trump will not leave your reputation as so much roadkill on the highway after enlisting you in sliming someone else a week or two after you take office?

The lesson here is that these are not honorable people, and they will do their best to drag you down to their level. They will often succeed.

Here we are, and, thankfully, people in and around the Third Branch, especially in the all important Southern District of New York region (from which Comey has come and gone), are fighting back and speaking out with shouts that are from far more than the cheap seats people like me occupy.

Without further adieu, a letter from SDNY luminaries:

May 12, 2017

Rod J. Rosenstein, Esq.
Deputy Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001

Dear Mr. Deputy Attorney General:

We, the undersigned, are former United States Attorneys and Assistant United States Attorneys for the Southern District of New York. In view of the recent termination of James Comey as Director of the Federal Bureau of Investigation, we are writing to request that you appoint a special counsel to oversee the FBI’s continuing investigation of Russian interference with the 2016 Presidential election and related matters. This letter is addressed to you rather than the Attorney General since he has recused himself from this matter.

As you know, Jim has had a long and distinguished career with the Department of Justice, beginning with his appointment as an Assistant United States Attorney in the Southern District of New York serving under United States Attorneys Rudolph Giuliani, Benito Romano and Otto Obermaier from 1987 through 1993. He returned to the Southern District of New York in 2002 when he was appointed the United States Attorney and served in that capacity until he was confirmed as Deputy Attorney General in 2003. Most of us came to know Jim when he worked in the Southern District of New York. Many of us know him personally. All of us respect him as a highly professional and ethical person who has devoted more than 20 years of his life to public service.

While we do not all necessarily agree with the manner in which he dealt with the conclusion of the Hillary Clinton email investigation, we sincerely believe that his abrupt and belated termination for this conduct, occurring months later and on the heels of his public testimony about his oversight of the investigation of Russian interference with the 2016 presidential election, has the appearance – if not the reality – of interfering with that investigation. Even if this investigation continues unabated, there is a substantial risk that the American people will not have confidence in its results, no matter who is appointed to succeed him, given that the Director of the FBI serves at the pleasure of the President. We believe it is critical in the present political climate and clearly in the public’s interest that this investigation be directed by a truly independent, non-partisan prosecutor who is independent of the Department of Justice, as is contemplated by 28 C.F.R. §600.1.

We are Republicans, Democrats and independents. Most importantly, we are proud alumni and alumnae of the Department of Justice. We do not suggest that you or any other members of the Department of Justice or a newly appointed Director of the FBI would not conduct yourselves properly, but the gravity of this investigation requires that even the appearance of political involvement in this investigation be avoided. As former prosecutors, we believe the only solution in the present circumstances would be to appoint a Special Counsel pursuant to 28 C.F.R. §600.1, and we urge you to take that course.

Respectfully submitted,

Jonathan S. Abernethy Elkan Abramowitz Richard F. Albert
Marcus A. Asner Martin J. Auerbach Miriam Baer
Thomas H. Baer Kerri Martin Bartlett Maria Barton
Andrew Bauer Bernard W. Bell Richard Ben-Veniste
Neil S. Binder Laura Gossfield Birger Ira H. Block
Suzanne Jaffe Bloom Barry A. Bohrer Daniel H. Bookin
Jane E. Booth Katharine Bostick Laurie E. Brecher
David M. Brodsky Stacey Mortiz Brodsky William Bronnermn
Jennifer K. Brown Marshall A. Camp Bennett Capers
Michael Q. Carey Neil S. Cartusciello Sarah Chapman
Robert J. Cleary Brian D. Coad Glenn C. Colton
William Craco Nelson W. Cunningham Constance Cushman
Frederick T. Davis John M. Desmarais Rhea Dignam
Gregory L. Diskant Philip L. Douglas Sean Eskovitz
Jesse T. Fardella Meir Feder Ira M. Feinberg
Michael S. Feldberg Steven D. Feldman Edward T. Ferguson
David Finn Eric P. Fisher Sharon E. Frase
Steven I. Froot Maria T. Galeno Catherine Gallo
Robert Garcia Kay K. Gardiner Ronald L. Garnett
Scott Gilbert Barbara S. Gillers Mark Godsey
Joshua A. Goldberg James A. Goldston Mark P. Goodman
George I. Gordon Sheila Gowan Stuart GraBois
Paul R. Grand Helen Gredd Bruce Green
Marc L. Greenwald Jamie Gregg James G. Greilsheimer
Jane Bloom Grise Nicole Gueron Barbara Guss
Steven M. Haber Jonathan Halpern David Hammer
Jeffrey Harris Mark D. Harris Roger J. Hawke
Steven P. Heineman Mark R. Hellerer William Hibsher
Jay Holtmeier John R. Horan Patricia M. Hynes
Linda Imes Douglas Jensen James Kainen
Eugene Kaplan Steven M. Kaplan William C. Komaroff
David Koenigsberg Cynthia Kouril Mary Ellen Kris
Stephen Kurzman Nicole LaBarbera Kerry Lawrence
Sherry Leiwant Jane A. Levine Annmarie Levins
Raymond A. Levites Donna H. Lieberman Jon Liebman
Sarah E. Light Jon Lindsey Robin A. Linsenmayer
Edward J.M. Little Mary Shannon Little Walter Loughlin
Daniel Margolis Walter Mack Kathy S. Marks
Mark E. Matthews Marvin S. Mayell Sharon L. McCarthy
James J. McGuire Joan McPhee Christine Meding
Paul K. Milmed Judith L. Mogul David E. Montgomery
Lynn Neils Peter Neiman Rosemary Nidiry
Tai H. Park Robert M. Pennoyer Elliott R. Peters
Michael Pinnisi Robert Plotz Henry Putzel
T. Gorman Reilly Emily Reisbaum Peter Rient
Roland G. Riopelle Michael A. Rogoff Benito Romano
Amy Rothstein Thomas C. Rubin Daniel S. Ruzumna
Robert W. Sadowski Elliot G. Sagor Peter Salerno
Joseph F. Savage John F. Savarese Edward Scarvalone
Kenneth I. Schacter Frederick Schaffer Gideon A. Schor
Julian Schreibman Wendy Schwartz Linda Severin
David Siegal Marjorie A. Silver Paul H. Silverman
Charles Simon Carolyn L. Simpson David Sipiora
Dietrich L. Snell Peter Sobol Ira Lee Sorkin
David W. Spears Katherine Stanton Franklin H. Stone
Richard M. Strassberg Howard S. Sussman Erika Thomas
Richard Toder Timothy J. Treanor Paula Tuffin
Peter Vigeland David Wales Max Wild
Samuel J. Wilson Elaine Wood Paulette Wunsch
Thomas Zaccaro Ellen Zimiles
cc: Jefferson B. Sessions III, Esq.
Attorney General of the United States

This letter reflects the signers’ personal views, not of the U.S. Attorney’s Office for the Southern District of New York, the U.S. Department of Justice, or any other government agency.

But it is STRONG. And it is hard to not love it completely. It is raw, and it is real. Nobody asks defense attorneys to sign these missives, nor would anybody give them credit for having done so, were they asked.

This letter, however, is from the elite of the elite prosecutors, with SDNY historic names attached to it (and sometimes significant family names you may not notice), and there are a LOT of them. Almost wonder who did “not” sign on to it?

So, what does it mean?

A LOT. If you know how District level US Attorney offices run, but especially the hallowed ground in SDNY, then you know just how unusual and remarkable is this collective letter.

Think I mentioned “stunning” earlier. It is all that.

Why? Because the problem in the US is here, and it is now. It is bigger than Red versus Blue. It is bigger than Me versus You. It is bigger than all that. There is a fracture in the very machinery governance itself runs on.

The clockworks of governance are buggered. “We are Republicans, Democrats and independents.” And we all deserve better than the orange narcissist piloting the nation into an iceberg.

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.

The Tuesday Night Massacre

As you may have heard, President Trump has just fired FBI Director James Comey.

This is truly Nixonian Saturday Night Massacre level action.

Trump previously ran on, indeed got elected on, and likely only on, the scurrilous rogue comments of Jim Comey starting with the rogue July 5, 2016 press conference where Comey went off all rails on DOJ and PIN protocols. Here is the New York Times original report:

Mr. Comey’s dismissal was a stunning development for a president that benefited from the F.B.I. investigation of the Democratic nominee during the 2016 campaign. Separately, the F.B.I. also is investigating whether members of the Trump campaign colluded with Russia to influence the election.

The abrupt firing raised questions over whether Mr. Trump was trying to influence the Russia investigation. But he said he was following recommendations from the Justice Department, which criticized how Mr. Comey concluded the investigation into Mrs. Clinton.

Trump actually saluted Comey for this at one point. What a micro-moment self serving, not to mention narcissistic jerk.

If anybody in the world thought that that Trump is not as craven and against the Constitutional form of government we all were born and raised on, let that no longer be a question.

And if the media cannot get their heads out of their asses and realize the danger is NOT just to their First Amendment rights, but to the core of our republic and democracy, then they too should go the way of the dodo bird.

The foundations of this cowardly play were always there if you followed the ever changing voice and words of Donald Trump regarding the Clinton email issue and how the Department of Justice handled it.

If you thought this point, and/or Comey was the one only voice that could not be fired or silenced, you are sadly mistaken.

This blog has never, and I am being kind across my writings, Marcy’s and those of our departed friend Mary, been a friend of Jim Comey. He has long, and more presently, been an uneven and self serving voice mostly interested in preservation and enhancement of his own voice and position. Comey has been preternaturally successful at this.

That said, tonight I will be in Comey’s camp. I await what my friends at Lawfare and some others may have to say regarding the Tuesday Night Massacre.

Because this is a day that should live bright for a very long time.

People glibly talk about the “Resistance”. How naive. The battle is now, and has been joined in full by a cabal that makes Nixon look like a piker. The place is here. The time is now.

The temporal fact that it is Comey that tipped a scale of justice is immaterial. It has happened.

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.

NSA’s Spying on Le Pen Is Probably Working Better than GRU’s Spying on Macron

In advance of this report on APT 28 (the hacking group presumed to be tied to Russia’s military intelligence, GRU, blamed for the DNC hack-and-leak), Trend Micro got a lot of publicity for its report that APT 28 had targeted Emmanuel Macron, who just won the most votes in France’s presidential election and will face a run-off against Marine Le Pen in a few weeks.

At least according to Macron’s campaign, the attempts to phish his campaign were unsuccessful.

Mounir Mahjoubi, digital director of Mr. Macron’s campaign, confirmed the attempted hacking, saying that several staffers had received emails leading to the fake websites. The phishing emails were quickly identified and blocked, and it was unlikely others went undetected, Mr. Mahjoubi said.

“We can’t be 100% sure,” he said, “but as soon as we saw the intrusion attempts, we took measures to block access.”

The timing of all this is all rather interesting. Back in early February, France’s Le Canard Enchaîné exclusively reported that France’s security officials worried that Macron would be hacked, a vague report that was picked up really broadly without confirmation. Shortly thereafter, Macron claimed that his campaign had been the target of thousands of attacks from entities within Russia’s border, including a DDOS attack that took down his website for nine minutes. According to the sole mention of Macron in the Trend Micro report, the OneDrive-based phish targeting Macron took place a month later, on March 15.

These hacking attempts accompanied a great deal of fake news (and leaked gossip) targeting Macron. But at least if Macron’s own campaign is to believed, APT 28 never succeeded in its attempt to hack the favorite to be France’s next president, and so presumably has not yet succeeded in stealing emails that Russia might use to attack Macron during the run-off.

Which gives the hype about APT 28’s attempted hack a really curious character. It is treated as if Russia is the only state actor that might be spying on French presidential candidates.

Does anyone honestly believe that the United States is not spying on Le Pen, for example, given that the CIA and NSA have a history of spying on candidates with whom the US is even friendlier than Le Pen? Indeed, earlier this year, WikiLeaks published a tasking order for CIA to collect HUMINT and open source intelligence on all the parties in the 2012 French election, though without any cyber element specified. In 2010, the incumbent Pakistan People’s Party was included in NSA’s foreign government Section 702 certificate by name. And in 2012, CIA and NSA partnered to target Enrique Peña Nieto and nine of his closest associates in the weeks leading up to his victory. With both the PPP and EPN, these were nominally political parties friendly to US interests.

By comparison, it would seem that targeting Le Pen, at a time when the intelligence community has a very public concern about collusion between Russia and populist parties in Europe to destabilize Europe, would be a no-brainer.

And here’s what else gets left out of the coverage of GRU’s attempts to spy on Macron: how much easier a job the NSA might have than GRU, even ignoring NSA’s greater capabilities.

Many (though not all) of the phishing attempts detailed in the Trend Micro report pretend to be the email log-ins for US-based email providers: with virtually all the most detailed attention on Yahoo, Gmail, and Microsoft. The attempted Macron targeting exploited his campaign’s use of OneDrive. That means all the entities GRU targeted with phishes pretending to be US providers are available to NSA via Section 702, or PRISM.

In other words, to collect on the very same targets that GRU is targeting via phishing attacks that users continue to be better informed about (and that Macron claims to have withstood entirely), the NSA could just add LePen’s email address to the list over 93,000 targets being targeted under Section 702 (as they presumably did with PPP in 2010). And unlike a phishing campaign, which can be made more difficult with the use of two factor authentication, Le Pen would have no defense against collection targeting her or her campaign’s PRISM provider accounts, beyond encrypting everything that resided in an American-owned cloud (and even there, there would be a great deal of interesting metadata available). If she or key aides uses any of the major American tech providers, stealing their emails would be as easy as providing a foreign intelligence justification (one that would be bolstered by her close ties with Russia) and tracking to make sure her accounts are detasked when she comes to the US to visit Trump Tower.

All that’s on top of any more sophisticated targeting of Le Pen akin to what CIA and NSA did against EPN.

And therein lies the rub, the reason you shouldn’t be saying, “So what? We should spy on that fascist Le Pen, she’s a menace to civilization” (though I agree she is).

The NSA’s spying on Marine Le Pen is likely having more success than GRU’s spying on Emmanuel Macron. But is there any reason to believe — particularly given CIA’s targeting of all French parties in 2012 and given Trump’s stated preference for Le Pen — to think that NSA is not also targeting Macron, targeting his OneDrive in a way that would be immune from whatever defenses he is using against phishing attacks?

Here’s where folks will say, “but we don’t leak stolen communications,” in spite of some evidence that we have in the past, albeit perhaps not in a democratic election. (On that note, this Politico story exposing Mike Flynn’s ties, via his Turkish lobbying client, to Russia, relies on a WikiLeaks-released email, which is a notable instance where evidence made available by WikiLeaks may help those investigating Russia’s influence on the Trump administration.). Of course, GRU can only leak what it can steal, and Macron believes that GRU hasn’t succeeded in stealing anything.

Furthermore, we have no visibility what US policymakers in the past have done with intelligence collected on political parties. We certainly have no current limits on what Trump can do with it, aside from limits on the dissemination of that actual raw emails. We’ve always given the President great discretion on such issues, in the name of ensuring a unified foreign policy. And there are plenty of ways Trump’s administration could intervene to help Le Pen beyond just leaking any derogatory information on Macron.

All this is not to say that GRU’s reported continued attempts to hack democratic targets is not a concern (indeed, I’m at least as worried that FSB is conducting similar intelligence collection without the same easily identifiable tracks).

But it is to say that, particularly in the era where Donald Trump sets this country’s foreign policy, we need to be a lot more mindful of NSA’s own far more considerable ability to steal information on democratic candidates.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

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.

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.

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.

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.

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.

Saturday: Hey! It’s Apple Picking Season

jchaffetz_bizcard_28oct2016

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.

The Jetzon’s Self Driving Auto Car Drone Aint Here Yet

1376873104000-xxx-future-1

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.