Last Trash Talk Before The Election

Welp, we have almost made it to November 3. As I type this, there are less than 72 hours to the opening of the polls for Election Day. The long national nightmare will be very far from over, irrespective of which candidate wins. But, and this is important, the relentless onslaught of annoying campaign commercials, mailers in your mail box and robocalls calls and texts will be over, and that will be a huge relief. I don’t trust the polls, especially the national ones. State polls are a far better indicator, but even those are fraught these days, but they are far more important because the electoral college is what really matters, and that is state by state. Polling is hard now. The saw about cell phones skewing polling is really true. Some people, including me, won’t answer them for rando callers. It also skews more urban. So, who knows what the ground will look like on Wednesday November 4, we shall see!

There is one other bit of unfortunate news, Sir Sean Connery has passed. Here is a great obituary from the BBC. Everybody knows the various Bond movies, and they were all great in their own way. I’d like to focus on some of his many other notable roles. He won an Oscar for The Untouchables. But his work was every bit as spectacular in The Wind And The Lion and Hunt For Red October, not to mention as John Mason in The Rock (a fantastic flick). And let’s not forget his portrayal of William von Baskerville in The Name of The Rose, also spectacular. What are your favorite roles and lines, here is a list? RIP Mr. Connery.

On to the games. In the NCAA, there are not a ton of really promising matchups. Texas at Oklahoma State could be one. OSU is pretty solid, and has a very decent defense. Watch out for OSU this year. Most of the national focus is on Ohio State at Penn State. Clearly the Buckeyes have to be favored, but you never know against PSU at home. Boston College is at Death Valley to play Clemson, who will be without star QB Taylor Lawrence because of a positive Covid test. I will still take the Tigers, but no Lawrence is a big wrinkle.

In the Pros, all eyes are on Scribe’s Steelers at Baltimore, and that is a tossup. If they get any contain whatsoever on Jackson, which is not easy, I’d pick the Steelers. But that is a huge if with the reigning MVP. Saints at Bears looks pretty interesting, as does Niners at Squawks. The SNF game is Dallas at Eagles. Ugh. MNF has Tampa Bay at Giants. That also looks to be an ugh.

Lastly, F1. This weekend is the “Emilia Romagna Grand Prix”. No, I do not know exactly what “Emilia Romagna” is, that is new to me. It apparently is a region of Italy with Bologna as the capital. What I do know, however, is that this marks the return of F1 to the Imola Circuit, also known as the Autodromo Enzo e Dino Ferrari, the home of the former San Marino Grand Prix. It has not hosted F1 since 2007, there have been many renovations and upgrades in the meantime. The circuit looked quite fast in qualifying, where Bottas nudged out Hamilton and Verstappen for pole. Pierre Gasly did a great job to place P4 on the grid. The two McLarens placed P9 and P10, continuing their resurgence. Should be fun.

Okay, that’s it for today. Kind of a traditional Presidential election thing around here, music is Elected by Alice. Go out and vote. Biden is not perfect, no candidate ever is, but he is light years better than Trump. Cast yer ballots, mine is already in!

Share this entry

Election Day Countdown: 4 Days

After the phone call I just got, I have zero patience for language policing today. If you can’t stomach f-bombs, hit the the exit now.

I am goddamned sick of this tangerine-tainted blowhard and his constant incitement to violence. I am FURIOUS at his malignancy — his trash-talking about anyone who is competent and capable while he systematically fails this country.

I am just so fucking fed up with having to worry about COVID because that slack-assed corrupt sponge can’t be bothered to turn over the job of stemming the pandemic to competent people and instead finds every opportunity to siphon money off every thing he touches.

Wow, Rayne, you seem triggered…

You’re goddamned right I’m triggered. My younger kid just called and told me their boss tested positive for COVID. They’ve been in contact with their boss several times this week indoors at a retail entertainment venue, though part of those times the boss or my kid was wearing a mask.

And my spouse was in contact with the same boss at least three times in the last week, indoors, not wearing a mask all the time.

One of my BFFs was also in contact several times with the same COVID-positive person, indoors, with and without a mask.

All three — kid, spouse, friend — will have to get tested. If any of them test positive, I have to get tested, and then I have to make a bunch of phone calls to people with whom we’ve been in contact.

I’ve had three different companies here in my house doing repairs this week — two teams didn’t wear masks, one did.

My spouse met our other kid up north last weekend to go bow hunting, staying overnight with my elderly in-laws, one of whom is being treated for cancer. I dread telling my older kid about the potential exposure because they were just tested 10 days ago due to a workplace exposure; the test administrator injured my kid with the swab. Kid has a little PTSD after that episode and is reluctant to get tested any time soon.

Our financial advisor met my spouse after a multi-state road trip earlier this week — they’re on their way back across the same states. This advisor is a self-employed small business owner, has kids at home who are in a K-12 public school.

My kid’s COVID-positive boss is a small business owner — a first-time business owner who hasn’t yet finished their second full year running this operation. The business may have to shut down for two weeks depending on the rules covering their type of business.

Meanwhile, the utterly useless apricot-brained fuckwit is campaigning yet again in my state after causing a small spike in COVID cases when he campaigned here in September, spouting this kind of trash in front of his unmasked mouth-breathing base:

God damn it.

My kid’s boss, somebody we’ve known for years, one of my spouse’s friends, is now part of today’s COVID statistics.

For all I know my kid’s boss may have a second wave infection from the September campaign rally. Nobody is making money here off that wave of infection. Nobody will make money off the second wave.

Unless you’re an executive or stockholder of Regeneron up to this week’s problems with phase 2/3 trials of COVID therapy drug remdesivir, that is. What a pity for Trump’s Briarcliff member, Regeneron CEO Leonard Schleifer.

How the hell is this country supposed to return to normal if it never makes a sustained effort to stop COVID’s spread?

How is the economy supposed to turn around when the one person who could apply the powers of the executive branch to effectively end the pandemic, persists in undermining the states’ efforts, incites seditious acts against states, and actively spreads COVID by holding rallies which are not socially distanced or mask-mandatory?

How is this country supposed to simply muddle through without leadership to a safe and effective vaccine which may be one to two years away?

Vote that fucking hacktastic moron out of office in four days if you haven’t already cast a vote.

Help others vote that stupid orange fuckweasel out of the White House if you have already voted.

Do it for the 228,701 Americans who have died from COVID, and all the families who have to put up with this unending COVID circus.

Share this entry

Glenn Greenwald’s Self Hack: “I could go on and on”

As you’ve no doubt learned, Glenn Greenwald left The Intercept in a huff after editors wouldn’t let him publish an article repeating the last illogical rant he made about “censorship” of a non-story about Joe Biden (I unpacked the earlier piece here, and did an interminable thread on the interminable piece he wanted to publish as part of this thread).

Glenn has released a selection of the emails, not all with accompanying metadata, that led up to his departure (I had to sign an NDA when I worked at The Intercept and I’m wondering if he had to or whether all NDAs — including those about the now defunct Snowden archive — are invalid now). I consider this a self-hack, because they actually show Glenn conceding the point his editor, Peter Maass made, and then labeling it censorship.

The thread starts with a story memo (with no timestamp, though it may have been a Doc) laying out ways for Glenn to make his column better. It starts by affirming the value of a column criticizing “liberal” journalists for not asking tougher questions. Glenn even emphasizes this by bolding it.

Glenn, I have carefully read your draft and there is some I agree with and some I disagree with but am comfortable publishing. However, there is some material at the core of this draft that I think is very flawed. Overall I think this piece can work best if it is significantly narrowed down to what you first discussed with Betsy — media criticism about liberal journalists not asking Biden the questions he should be asked more forcefully, and why they are failing to do that.

That is, from the very start Maass committed to his willingness to post a column questioning why Biden hasn’t had to answer more questions about this topic. He committed to call out other journalists who won’t be more confrontational with Joe Biden.

What Maass disagreed with are the many places where Glenn, absent any evidence, makes insinuations about Biden corruption.

There are many places in which the explicit or implied position is a) the emails expose corruption by Joe Biden and b) news organizations are suppressing their reporting on it. Those positions strike me as foundations to this draft, and they also strike me as inaccurate, and that inaccuracy undercuts narrower points that are sound.

This is the story that Glenn wants to tell. Not that the “liberal” media is going easy on Biden, but that emails that have shown no evidence of corruption somehow reflect corruption.

There’s a lot nutty in Glenn’s response, but the most important is this passage, where he claims to address concerns raised by Maass.

3) For almost every personal opinion you express about Biden that you claim I omitted, I actually already included it explicitly in the draft. Just a few examples:

  • YOU: “But it’s very significant that the Journal found no corroborating evidence either of Joe Biden’s involvement in any such deals, or those deals being consummated. These are major issues that I feel undermine the draft’s thesis and are downplayed in the draft.”
  • MY DRAFT: “Thus far, no proof has been offered by Bubolinski that Biden ever consummated his participation in any of those discussed deals. The Wall Street Journal says that it found no corporate records reflecting that a deal was finalized and that “text messages and emails related to the venture that were provided to the Journal by Mr. Bobulinski, mainly from the spring and summer of 2017, don’t show either Hunter Biden or James Biden discussing a role for Joe Biden in the venture.”
  • YOU: “You can certainly note that Shokin’s successor let Burisma off the hook, but that’s not evidence he was installed by Biden in order to achieve that end.”
  • MY DRAFT: “It is true that no evidence, including these new emails, constitute proof that Biden’s motive in demanding Shokhin’s termination was to benefit Burisma.”
  • YOU: “A connected problem is that your draft asserts there is a massive suppression attempt by the entire major media to not report out these accusations, but then doesn’t explore how major news organizations have done significant stories, and those stories, such as the Journal’s, have not found anything of significance. The Times has also reported on the China deal and found the claims wanting.”
  • MY DRAFT: “The Wall Street Journal says that it found no corporate records reflecting that a deal was finalized and that “text messages and emails related to the venture that were provided to the Journal by Mr. Bobulinski, mainly from the spring and summer of 2017, don’t show either Hunter Biden or James Biden discussing a role for Joe Biden in the venture.”…The New York Times on Sunday reached a similar conclusion: while no documents prove that such a deal was consummated, “records produced by Mr. Bobulinski show that in 2017, Hunter Biden and James Biden were involved in negotiations about a joint venture with a Chinese energy and finance company called CEFC China Energy.”

I could go on and on. [my emphasis]

Note that, first of all, Glenn paints Maass’ observations about logical problems in Glenn’s piece as “personal opinion.”

In each case, Glenn is misrepresenting what Maass said. The first quotation, in context, is Maass’ first example of the ways in which Glenn’s assertions about Biden are not backed by the evidence. Maass introduces the few published emails, and then notes that the WSJ didn’t find anything nefarious in them.

There are many places in which the explicit or implied position is a) the emails expose corruption by Joe Biden and b) news organizations are suppressing their reporting on it. Those positions strike me as foundations to this draft, and they also strike me as inaccurate, and that inaccuracy undercuts narrower points that are sound.

There are a couple of published emails and texts in which Hunter Biden or his business partners suggest or hint that Joe Biden might be aware of, or involved in, their dealings with China.

[snip]

But it’s very significant that the Journal found no corroborating evidence either of Joe Biden’s involvement in any such deals, or those deals being consummated. These are major issues that I feel undermine the draft’s thesis and are downplayed in the draft.

The second quotation comes from a paragraph that quotes Glenn’s response!!!! but lays out generally that years of reporting have shown there’s no evidence for Glenn’s insinuations.

In addition, I feel there are substantive problems with the way you present the material on Ukraine. As your draft notes at one point, “It is true that no evidence, including these new emails, constitute proof that Biden’s motive in demanding Shokin’s termination was to benefit Burisma.” However, there are many places in the piece where you say that the material raises serious questions about Biden’s motives, yet you never present any evidence that supports such questions. You can certainly note that Shokin’s successor let Burisma off the hook, but that’s not evidence he was installed by Biden in order to achieve that end (indeed, it appears from the quote Taibbi cites that Biden initially had no idea who Shokin’s proposed successor was). Despite years of reporting by a lot of journalists, American as well as Ukrainian, as well as an exhaustive GOP-led U.S. Senate investigation, no evidence has surfaced of Biden acting corruptly with respect to the replacement of Shokin. (Taibbi’s findings are equivocal, I believe.) The reasonable conclusion, by now, would be that it most likely didn’t happen.

The third quotation notes that once you take into account actual reporting, Glenn’s preferred thesis “starts to wobble.”

A connected problem is that your draft asserts there is a massive suppression attempt by the entire major media to not report out these accusations, but then doesn’t explore how major news organizations have done significant stories, and those stories, such as the Journal’s, have not found anything of significance. The Times has also reported on the China deal and found the claims wanting. There are other pieces I can point to. You should give full notice to those –but once you do, the draft’s overall thesis on suppression starts to wobble. Please note that I nonetheless believe you still have a valid albeit narrower argument about the failure of many journalists to confront the Biden family directly and aggressively with relevant questions about the materials and the legalized corruption of Hunter Biden that they document.

That is, all three of these quotes that Glenn responds to are quotes pointing out that his thesis — that there must be something in these emails that the reporting on the emails have thus far not found that if only “liberal” journalists asked harder questions they could find — is basically bullshit. There’s no evidence of wrong-doing.

And Glenn points that out!!! “I could go on and on,” Glenn asserts, seemingly promising there are endless examples of Glenn admitting there’s no evidence for the claims he is making.

There may well be. But that seems to concede Maass’ argument: that the thesis Glenn wanted to publish — corrupt Joe Biden — isn’t backed by any evidence, even if “corrupt liberal journalists not asking hard questions of Joe Biden” might be.

Immediately after laying out how he conceded over and over that there’s no evidence to support the insinuations he’s making against Biden, he includes this paragraph.

What’s happening here is obvious: you know that you can’t explicitly say you don’t want to publish the article because it raises questions about the candidate you and all other TI Editors want very much to win the election in 5 days. So you have to cast your censorship as an accusation — an outrageous and inaccurate one — that my article contains factually false claims, all as a pretext for alleging that my article violates The Intercept’s lofty editorial standards and that it’s being rejected on journalistic grounds rather than nakedly political grounds.

But your memo doesn’t identify a single factual inaccuracy, let alone multiple ones. And that’s why you don’t and can’t identify any such false claims. And that, in turn, is why your email repeatedly says that what makes the draft false is that it omits facts which — as I just demonstrated — the draft explicitly includes. [my emphasis]

“What’s happening here is obvious” Glenn asserts (after a long passage in which he lays out proof that he’s aware there’s no evidence to back his insinuations about Biden). He claims that it is obvious that “you don’t want to publish the article because it raises questions about [Biden],” then suggests Maass (and presumably Betsy Reed, as well) “can’t explicitly say” that, that their attempts to improve Glenn’s argument about what he sees as the failures of “liberal” journalists to ask questions and their refusal to let him post a screed that, over and over, admits he has no evidence to back his insinuations are really all an attempt to protect Joe Biden.

As he does with Biden himself, he does with his editors: they have pointedly not said they’re doing what they’re doing because they want to protect Biden, and in fact Maass said he was trying to improve Glenn’s argument that journalists, generally, are protecting Joe Biden. But Glenn says it’s “obvious” that’s what’s really going on, even though the evidence says something else.

And he does it after laying out three admissions that there’s no evidence to back his insinuations about Biden, and promising he “could go on and on” providing more examples where he admits he has no evidence to back the claims he’d like to make.

I have asked Maass and Reed for the full email chain (there appear to be earlier emails in this exchange, and Glenn did not include the metadata for communications on October 28). And while I didn’t ask Maass and Reed for this, it bears noting that Glenn has made repeated claims about his contract with The Intercept. If Glenn wants to make these claims, he should be asked by everyone demanding tough questions to prove that his contract says what he claims it does.

Update: Here’s The Intercept’s statement, which is quite good.

Update: I initially spelled Maass’ last name incorrectly here. My apologies to him. Yet more proof everyone can benefit from a good editor.

Update: I keep butchering Maass’ last name. I think it is correct now.

Share this entry

Election Day Countdown: 5 Days

There are five days left until Election Day.

More than 228,000 Americans have died of COVID-19 to date. Most of these deaths were wholly preventable had the Trump administration responded appropriately to the pandemic back in January-February.

But there is an additional excess of deaths — persons who didn’t die of COVID-19 but who would not have died had there not been such a lousy national response to the pandemic.

My sibling may have been one of those excess deaths eight weeks ago.

Please, no condolences are necessary. I’d rather not chew up comment space with them and my sibling would be annoyed.

What I would much rather see is a discussion about the additional burdens on Americans the Trump administration has placed on them because Trump didn’t want to spook the market ahead of the election.

And because the Trump administration thanks to Trump’s monstrous hack of a son-in-law Jared Kushner decided that issuing federal aid to blue states wouldn’t help Trump’s re-election odds.

~ ~ ~

I wrote in August about the additional hassle the pandemic and Trump’s governance failures have caused my family because every health care activity requires more effort, more resources.

My father’s situation took nearly a month longer to resolve than necessary and with increased risks from complications. We were lucky his condition resolved with very little intervention after months of therapy and monitoring.

He had insurance to cover the majority of expenses and adequate savings to handle out-of-pocket expenses. But this is not the case for far too many Americans who’ve lost their jobs because of the uncontrolled pandemic. They will be digging themselves out of financial holes for too long if they happen to need health care this year or next.

All because Trump couldn’t be the president this country needed.

All because Trump is a malignant narcissist who is only worried about his own skin and his enablers are only worried about their own.

~ ~ ~

The insult added to injury is that COVID patients die alone. Their families can’t be with them in COVID ICU.

The Lincoln Project made a short effective ad which comes close to conveying the heartbreak of not being able to be with a loved one during their health crisis, but surprisingly the otherwise aggressive team pulled their punches by not making it absolutely clear death comes without the solace of familial touch.

And again, it’s not just COVID patients affected. My sibling died without their family around them because they couldn’t have visitors who may bring COVID into the ICU.

One family member per day could go in during limited visiting hours. One family member could tell them what we felt for them and tell them it was okay to go.

They died alone because of goddamned Donald fucking Trump.

~ ~ ~

My sibling was one of the excess deaths we don’t talk enough about as unnecessary collateral damage.

They had a health condition which under normal circumstances was and had been manageable.

But because of COVID they were extremely worried about contracting the virus in public spaces. They didn’t seek their regular health care as they would have had there not been an uncontrolled pandemic. Living in a red state which adopted Trumpian COVID denialism exacerbated the situation.

They died for lack of adequate health care about twenty years too soon.

All because of useless and corrupt Donald fucking Trump.

~ ~ ~

Listening with gritted teeth to yet another of Trump’s wretched displays of poor temperament for the office of the presidency, I thought of a Biblical quote. It’s been popularized in Spider-Man comics as the Peter Parker principle; the character is cautioned by his Uncle Ben with a paraphrase of Luke 12:48:

To whomever much is given, of him will much be required; and to whom much was entrusted, of him more will be asked.

Donald Trump has had so much opportunity given to him because of his privilege as a white man of European descent with accumulated family wealth, even if ill-gotten. He pissed it all away. Even if it was merely converted through laundering from immediate wealth to untouchable wealth, it was turned from treasure to trash.

He’s done the same with this country’s treasure — its relationships with other countries, its economy, its aspirations from founding to become a better country, the light of the world, a city on a hill.

He’s converted whatever he could grab with his stubby little fingers into personal wealth which has disappeared into the same corrupt ratholes more than a billion dollars of personal wealth has vanished.

He’s gathered around him a cabinet and executive staff who are just as corrupt.

In spite of all the trust they have been given, access to our blood and treasure, they have frittered it away.

If it were only economic damage they wreaked they would eventually be forgotten and their conservative enablers would find a way to forgive their wretchedness.

But they are stealing from us what cannot be measured in dollars or hours of labor.

They are stealing and destroying the most precious moments we have, the ones when nothing else on earth matters.

And while roughly a million Americans mourn loved ones lost to wholly preventable spread of COVID, Donald fucking Trump gaslighted all of us about the disease:

The body count doesn’t lie, you miserable slack-assed excuse for an executive.

~ ~ ~

I will come to terms with the loss of my sibling as will the rest of my family. This month we’ll muddle through the first awkward and painful holiday with one too many plates, a few too many beers, and one too many empty chairs.

But I will never be able to get over the anger I have over the loss of those last minutes we could have shared with my sibling saying goodbye.

I will never forgive the hundreds of thousands of farewells which American friends and families could only make by phone if at all.

Call me bitter, I don’t fucking care. But I hope when time has its inevitable way as it does with us all, that Donald fucking Trump dies alone and he’s aware enough to know it as darkness falls.

Until then I will settle for his ass being kicked to the curb at the polls.

~ ~ ~

If you’ve already voted, thank you. If can help others vote, please do so.

Share this entry

Doesn’t Anyone in the Media Read the Actual Election Laws?

Election Resolution Judges
(h/t Lance Fisher and used under Attribution-ShareAlike 2.0 Generic [CC BY-SA 2.0])

Back in the day, when dinosaurs roamed the earth and all elections were conducted either with paper ballots or “pull the lever” machines, my high school government class was given an election season project. For the precinct around our high school, we were to do four things: (1) canvas the neighborhood to determine who was registered and who was not, (2) work to increase the number of registered voters, (3) try to get as many of these folks to the polls on election day as possible, and (4) report back to the teacher how it all went.

Shorter #4: It was a blast.

Oh, it was a lot of work, too. Lots of knocking on doors (and going back and back again when no one was home), and also lots of reading the elections laws. What were the deadlines? What did we have to do in order to be polling place observers, so that we could see who voted in the morning in order to start making calls or knocking on doors in the afternoon and evening? What were we allowed to do in the polling place, and what were we not allowed to do? Who would make the GOTV visits in the afternoon and early evening? Who had a driver’s license and a vehicle, so we could offer rides to the polls, if needed? Who could be available to babysit, if needed?

In a precinct that generally had turnout of around 30%, that year it hit 70%. We weren’t allowed to be advocates for a candidate or ballot proposition (this was a non-partisan school project, after all), but simply were trying to get as many folks as possible to the polls, and we did a damn good job. In the years that followed, I’m sure there were campaign strategists who looked at that number and figured it must have been a typo, because it never came close to that again.

Since high school, I’ve worked on a number of campaigns, from local school board stuff to Paul Simon’s presidential campaign and a bunch at every level in between. One thing I’ve never forgotten is simple: read the election law.

With all the “will we have a winner on Election Night?” blather, it seems few in the media have bothered to do that one very simple thing.

So let’s give it a try, OK? From the Missouri Revised Statutes, Chapter 115:

115.508. Certification of election prohibited prior to noon on Friday after election day.—Notwithstanding any other provision of law to the contrary, no election authority or verification board shall certify election results, as required under section 115.507, before noon on the Friday after election day.

What? You mean it’s illegal (at least in Missouri) for an election board – city, county, or state – to certify a winner before Friday?

115.507. Announcement of Results by verification board, contents, when due—abstract of votes to be official returns.—
1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate or question at the election. The statement shall include a categorization of the number of regular and absentee votes cast in the election, and how those votes were cast; provided however, that absentee votes shall not be reported separately where such reporting would disclose how any single voter cast his or her vote. When absentee votes are not reported separately the statement shall include the reason why such reporting did not occur. Nothing in this section shall be construed to require the election authority to tabulate absentee ballots by precinct on election night.

What? You mean that each election jurisdiction has two weeks to submit their certification, and ballot counters don’t have to pull an all-nighter on election night?

115.430. Provisional ballots, used when, exceptions, procedure, counted when, how—rulemaking authority—free access system established—provisional ballot only used,when—no jurisdiction in state courts to extend polling hours.—
All provisional ballots cast by voters whose eligibility has been verified as provided in this section shall be counted in accordance with the rules governing ballot tabulation. Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible and all provisional ballots must be processed before the election is certified.

Here’s part of why you can’t certify a winner before Friday, and you get two weeks to finish the count. By Missouri state law, every individual provisional ballot has to be either accepted or rejected before ANY provisional ballots are actually tabulated and added to the regular count. If you get a lot of provisional ballots, or if there are lots of challenges to these ballots, this could take a while. And if you have both of those things, it *will* take a while.

What is reported on election night is — and always has been — unofficial. When you go to any state’s election website next Tuesday evening and frantically refresh the page to get the latest numbers, they will tell you that these results are unofficial. They aren’t official until at least a couple of days later, after every precinct has verified and counted all their provisional ballots, checked all their math, and filed a formal certification with their Secretary of State. Careful media voices may project a winner on election night, but it’s not official until the certification of the results is complete.

And at least in Missouri, that is not allowed to happen before the Friday after the election, and could be as much as two weeks after election day.

Look, I get it. I want to know who will win all kinds of different races as soon as anyone, but it’s not an automatic sign of any nefarious goings on if no clear winner is projected on Tuesday night or Wednesday morning. More than anything, it’s a sign that everyone from the election judge in your local polling place on up to the Secretary of State wants to be really sure that they got the count right before they declare it to be official.

I know that Donald Trump doesn’t know election law, or even the mechanics of how elections work once the polls close, and I have no illusions about educating him on that subject. I just wish the media would quit imitating his ignorance.

Share this entry

Election Day Countdown: 6 Days

Six days. Less than a week to Election Day.

If you haven’t yet voted and were planning on voting early/absentee, please make a plan which doesn’t rely on U.S. Mail especially if you live in a large city. There are too many reports of First Class mail taking longer than five days to arrive.

Judge Emmett Sullivan — same judge handling the Flynn case — seems a bit tetchy about the U.S. Postal Service handling of ballots:


Worth your time to read the highly-detailed order linked in the Politico article, particularly this bit about the U.S. Mail:

FURTHER ORDERED that by no later than 9:00 AM on October 29, 2020, Defendants shall distribute, in the same form and to the same individuals who were previously advised about the need to “ensure that completed ballots reach the appropriate election official by the state’s designated deadline,” a list of state-specific statutory ballot receipt deadlines, so that the USPS managers and employees can implement the Election Mail guidance that Defendants have recently issued. The parties shall confer and agree and substance of the list. …

You can bet there’s squealing and scrambling going on right now even as I type this at 4:00 a.m.

Will these suits against the USPS be the first cases the new Barrett-added SCOTUS hears if current Postmaster Louis DeJoy refuses to comply and contests Sullivan’s directive?

~ ~ ~

There’s another problem with the SCOTUS already, though this is the pre-Barrett/post-RBG version. Seems Justice Kavanaugh has demonstrated what a hack he is making absurd errors in an opinion on voter suppression:

One of his errors goes right to the problem with the U.S. Mail:

Mistake No. 5: No one thinks they can return their ballot by Election Day if they request it by Oct. 29.

Kavanaugh wrote: “No one thinks that voters who request absentee ballots as late as October 29 can both receive the ballots and mail them back in time to be received by election day.” He cites no support for this assumption, probably because it’s wrong. Many states explicitly allow voters to request absentee ballots even closer to Election Day and instruct them to mail their ballots back. A large number of voters do wait until the last minute to ask for a ballot, which is why a strict deadline disenfranchises so many people. In August, the Postal Service encouraged 46 states to change their deadlines, warning them that ballots requested and returned in accordance with state law might not make it back in time. The Postal Service would not have sent out this warning if “no one” thought the states’ existing deadlines were unrealistic. …

I know there’s been a lot of talk about rejiggering the formulation of the SCOTUS including expansion of the number of justices to ensure improved representation reflecting a center-left country.

But I think we need to have a chat about reformulation including corrections of the existing justices. This opinion by Kavanaugh is so shoddy Congress should consider impeaching and removing him under a Biden presidency. Because it’s ridiculous that Chief Justice John Roberts let this out of his court, Roberts needs to feel a little sting for this as well.

~ ~ ~

Trump’s super spreader campaign rally in Omaha, Nebraska was a disaster Tuesday night. A number of elderly attendees had to be taken by ambulance for treatment of hypothermia due to temperatures in the 20s and the distance from the rally site to the parking lot.

It’s bad enough Trump is making campaign stops in places which Trump won by double digits in 2016 — 25 points, to be more specific. But to do so at physical risk to voters who may not yet have cast a vote?

Utterly stupid.

The capper: the campaign is desperate not only for votes but money.

That’s one way to clean up that $421 million dollars of personal debt.

~ ~ ~

If you’ve already voted, thank you. Please help get other voters to the polls and make this election a massive blue tsunami — a wave so big they can’t steal this election.

Share this entry

Ten Days To Go Trash Talk

Yesterday was the Scaramucci point; i.e. eleven days to go. Now it is ten, and it all is getting to be overwhelming. A perfect time for some Trash, as Trash was always about giving a release from the daily drudgery. Off we go!

Am still of the opinion that trying to play college football during the pandemic was a bad idea. But playing they are. In that regard, let’s talk about Wisconsin, who put on a show last night. Once we discussed the new whiz kid on the Badgers’ block, and it was Russell Wilson. He turned out to be all that, at Wisconsin and then in the NFL. But last night was ridiculous. First time redshirt freshman starter Graham Mertz merely completed 20 of 21 passes for 248 yards and five touchdowns in the Badgers’ 45-7 win. That is pretty good.

In the pros, after a Covid announcement by the Raiders, the NFL and NBC suddenly flexed the SNF game to Seahawks at Cardinal, purporting it to be to address Covid concerns. That is a joke. If Covid were the meter, you would give the Raiders more time, even if hours to comply and play. Just hazarding a guess here, but maybe the NFL and NBC figured Russell Wilson versus Kyler Murray was a better game and draw, and did not have potential to be cancelled at the last minute. If so, that was pretty much a smart play.

The Bucs at Vegas is still a must watch if available to you. Steelers at Titans is still the real game of the day. I’d normally take the Steelers with Big Ben back to normal. Would not bet a cent on it though, the Titans, Vrabel and Tannehill, are on a fair roll, and then there is Derrick Henry. This will be a fun game. Look too to Bears at Rams. Seems kind of ho hum, but is an important game.

This weekend is also the Portuguese Grand Prix. Now it has been a while since there was a Portugese, but there is a real history. Of course the Mercs of Hamilton and Bootas have to be favored. It is kind of a crazy looking circuit for the new iteration of F1 though. Could be interesting!

Today’s music is by Bruce. When he says no surrender, he means it. Listen to him, think about the time old message, and GO VOTE to make sure the Trump Train leaves the station. Enjoy Bruce at his rocking best.

Share this entry

2020 Presidential Debates: The Battle of Nashville [UPDATE-3]

[NB: Updates will appear at the bottom of this post. /~Rayne]

Here’s a post for emptywheel community members’ discussion purposes dedicated to what was supposed to be the third and final presidential debates.

The debate is scheduled to begin at 8:00–9:30 p.m. ET — this is earlier than the second debate was scheduled before it was canceled. Tonight’s debate will be conducted at the Curb Event Center at Belmont University in Nashville, Tennessee.

Tonight’s moderator is Kristen Welker of NBC, the only woman of the three moderators chosen for the presidential debates. I wouldn’t be at all surprised if this is an issue during the course of the debate, especially since it’s been a bone of contention that incumbent Senator Mitch McConnell has been reluctant to have a woman moderator for a debate against opponent Amy McGrath.

Good luck to Welker; I hope she’s got nerves of steel. She’s already had to deal with sideswipes by Trump on Twitter:


Only surprised Trump and his mini-me loser son didn’t make it about Welker’s mixed race heritage (Native American and Black).

Speaking of which, racism may also factor in tonight’s debate considering the location — Nashville was built upon a slave economy and was the first Confederate state capital to fall to the Union during the Battle of Nashville in 1864.

The COVID-19 epidemic may likewise figure largely. Nashville was the site of another pandemic which took the life of a former American president. James Polk died of cholera in 1849 only three months after returning to Nashville upon leaving office.

Could lightning strike twice, one might wonder, given how deep we are into another pandemic, this one encouraged by Trump’s malign governance.

One factor which might make tonight’s debate more challenging for Trump: the decision by the Commission on Presidential Debates to implement a two-minute microphone mute to allow each candidate to answer a question uninterrupted.

The muting will work like this: At the start of each of the six segments of the debate, each candidate will be given two minutes to answer an initial question. During that portion, the opposing candidate’s microphone will be muted.

“Under the agreed upon debate rules, each candidate is to have two minutes of uninterrupted time to make remarks at the beginning of each 15 minute segment of the debate. These remarks are to be followed by a period of open discussion,” the commission said in a statement. “Both campaigns this week again reaffirmed their agreement to the two-minute, uninterrupted rule.”

Team Trump whined this was unfair, of course. Yes, it’s really unfair that we’re allowed to hear each candidate answer a question without Trump sowing chaos with unending yelling-at-clouds throughout the debate like he did during the first debate three weeks ago. Expect it, though — his behavior during his interview with Leslie Stahl was a combination of toddler, bully, and mobster:

Hard to believe Trump thought releasing this interview material ahead of the edited 60 Minutes program this weekend would be a benefit to his campaign. Being an asshole to Stahl isn’t going to help him with women voters who haven’t already voted. He’s just so ugly and tiresome, like an overgrown irritable baby in need of a nap.

My god, has it really been three weeks since the first debate? It feels like it’s been a bloody decade. I’ll be so damned glad when tonight’s over and the Union has once again taken Nashville.

~ ~ ~

Election Day is twelve days away. Are you registered? Have you double checked the status of your registration? Have you requested an absentee or mail-in ballot? Have you mailed or dropped off your ballot? Have you checked the status of your ballot if mailed/dropped off?

And have you talked with all your friends and family members to ensure they have done the same? Make plan — register, vote, and help others, but make a plan. And then execute it to win.

~ ~ ~

UPDATE-1 — 9:15 P.M. ET —

He didn’t let us down. Trump the malignant narcissist, who believes and acts as if everything is about him and him alone, showed up this evening.

Meanwhile, 222,620 Americans have died from COVID as of the beginning of tonight’s debate. Americans are dying at a rate of 45-50 per hour, which means at least one American died while he blathered for two minutes about himself.

Revolting excuse for leadership.

~ ~ ~

UPDATE-2 — 9:55 P.M. ET —

This is why I can’t watch Trump. Not at rallies, not in debates. When he gets a mic he lies and it hurts Americans.

He’s lied again tonight about his health care plan we’ve yet to see in +3.5 years. He’s preparing to take the Affordable Care Act in front of the Supreme Court within days so his stacked jurists can kill it along with more Americans.

Meanwhile, even more Americans have died from COVID over the last 40 minutes — an estimated 30 more families will be told their loved ones didn’t make it. For every one of these deaths there are at least 50 new cases of COVID, a number of whom will end up with long-term disability due to damage ranging from their lungs to their testicles.

And he’ll keep lying about health care for all of them just as he’s lied to Laura Packard.

~ ~ ~

UPDATE-3 — 10:45 P.M. ET —

Accurate.

Blowhard knows blowing hard.

Numerous accounts say Biden stuck the landing with his closing. Tell me in comments who’s got it right before the media proceeds to tell us what happened.

Share this entry

Dr. Fauci Has No More Fucks Left To Give

This point was always going to arrive. An actually educated and aware specialist trying to deal with an obtuse oaf.

“The impact of a vaccine, he said, would depend on both its efficacy and the proportion of people who take it. Fauci cautions that, even if scientists release a vaccine by the beginning of next year, people will likely still need to carry out public health precautions into next fall and winter — including wearing a mask.
….
“This is the United States of America, the technologically most advanced country in the world,” he said. “We can make a test with a piece of paper that you stick into a little cassette for $1 that does it in five minutes that’s 98% sensitive. You can’t tell me that we can’t do that.”

The next year will continue to not be pretty or easy. The Donald is blowing smoke, desperately, with his “rounding the curve” bit of Coronavirus rhetoric.

There are indeed places in the world where the rosier view might be true, mostly led by sane women like Jacinda Ardern. But it is not true as to the US under the obese and obtuse oaf of Trump. Turns out people appreciate competent governance.

Share this entry

Steve Bannon, Guccifer 2.0, Glenn Greenwald, and Me: How Glenn Greenwald Defends “Smear Artist & Cowards”

Glenn Greenwald has appointed himself the guardian of suspected Russian disinformation on social media, spending much of the last several days wailing that Twitter and Facebook took measures to prevent a sketchy NY Post story from going viral on their platforms, and calling it censorship.

Glenn misrepresents why Maggie got attacked

Glenn’s story wailing about those measures is riddled with contradiction. For example, a man who spends most of his time making exaggerated or unsubstantiated attacks on journalists on Twitter, spent two paragraphs complaining about the treatment of Maggie Haberman after she retweeted the article — from her former employer — with no caveats.

BUT THE POST, for all its longevity, power and influence, ran smack into two entities far more powerful than it: Facebook and Twitter. Almost immediately upon publication, pro-Biden journalists created a climate of extreme hostility and suppression toward the Post story, making clear that any journalist even mentioning it would be roundly attacked. For the crime of simply noting the story on Twitter (while pointing out its flaws), New York Times reporter Maggie Haberman was instantly vilified to the point where her name, along with the phrase “MAGA Haberman,” were trending on Twitter.

(That Haberman is a crypto-Trump supporter is preposterous for so many reasons, including the fact that she is responsible for countless front-page Times stories that reflect negatively on the president; moreover, the 2016 Clinton campaign considered Haberman one of their most favorable reporters).

Glenn suggests a viral, organic response to Maggie’s RT — coming largely from regular users, not other journalists — was instead led by journalists. Glenn defends Maggie against being a “crypto-Trump supporter” in the same breath where he claims each and every person complaining about her initial uncritical response is a “pro-Biden journalist[].” And one of the most famously abrasive people on Twitter accused others of creating “a climate of extreme hostility” on the platform.

But the real problem is how he misrepresents Maggie’s role and the reason for the response. This was about virality.

In fact, at first, Maggie did not point out the flaws in the story. Importantly (because Matt Taibbi is claiming that the Steele dossier was reported on before the 2016 election without noting that the most important instance of this involved someone reporting on the investigative response to the dossier, not the dossier itself, and Glenn is similarly misrepresenting where and on what terms outlets reported on the dossier), Maggie gave the story credibility by quoting a line from the piece in such a way that it suggested the FBI might be investigating Hunter Biden because of the discoveries on the dodgy laptop rather than (as NBC has reported) investigating whether Hunter Biden was victimized by Russian spies.

Only after Maggie and Jake Sherman (who treated the Post story similarly) got criticized, did they begin to point to the obvious problems with the story.

Sherman even expressed regret for the way he had responded uncritically at first, tweets which Maggie RTed (though she offered no such mea culpa of her own).

The complaint was that two serious journalists were giving a shoddy story credibility before they had read it closely enough to see all the problems with it, which not only served to launch the story out of the frothy right (which Steve Bannon has said was entirely the point of packaging the story in this way), but with their significant follower counts, played a key role in making the story go viral.

In other words, while Glenn complains about the viral hostility in response to Maggie’s tweet, he doesn’t consider how her own tweet played a central role in making the story go viral.

Glenn presents a two social media platform effort to cut down on viral disinformation as a Democratic plot

Glenn then presents the social media decision to prevent the Post story from going viral on their platforms both as a response to the uproar over the initial viral response to it and as a Democratic plot.

The two Silicon Valley giants saw that hostile climate and reacted. Just two hours after the story was online, Facebook intervened. The company dispatched a life-long Democratic Party operative who now works for Facebook — Andy Stone, previously a communications operative for Democratic Sen. Barbara Boxer and the Democratic Congressional Campaign Committee, among other D.C. Democratic jobs — to announce that Facebook was “reducing [the article’s] distribution on our platform”: in other words, tinkering with its own algorithms to suppress the ability of users to discuss or share the news article. The long-time Democratic Party official did not try to hide his contempt for the article, beginning his censorship announcement by snidely noting: “I will intentionally not link to the New York Post.”

Twitter’s suppression efforts went far beyond Facebook’s. They banned entirely all users’ ability to share the Post article — not just on their public timeline but even using the platform’s private Direct Messaging feature.

Early in the day, users who attempted to link to the New York Post story either publicly or privately received a cryptic message rejecting the attempt as an “error.” Later in the afternoon, Twitter changed the message, advising users that they could not post that link because the company judged its contents to be “potentially harmful.”

He even accuses these social media platforms of working together to do this (an accusation that has legal implications), even while describing responses and explanations for those responses that are not actually the same, undermining his claim.

In sum, the two Silicon Valley giants, with little explanation, united to prevent the sharing and dissemination of this article.

Glenn is, as is his wont, being very selective about how he pitches these Silicon Valley companies. He chooses not to describe how Facebook board member Peter Thiel has, like Glenn, been chumming around with right wing racists. He chooses not to explain how Joel Kaplan, Facebook’s Global Public Policy head, had a far more senior job in the W Administration than Andy Stone has ever held. And in his tweets in aftermath of this post, which focus closely on the impact of Facebook’s monopoly position, Glenn makes no mention of a blockbuster WSJ story describing how Facebook tweaked its algorithms to disfavor Mother Jones and also describing private dinners that Mark Zuckerberg has had with Ben Shapiro (the story came out after Glenn originally posted his post though Glenn has updated the post after it was initially published). He also conflates one report saying tech workers lean — centrist — Democratic with the suggestion the entire industries do.

Glenn treats this response — the suppression of links to the article but not discussions of the content — as censorship, going on to conflate the suppression of virality with outright censorship.

Private-sector repression of speech and thought, particularly in the internet era, can be as dangerous and consequential. Imagine, for instance, if these two Silicon Valley giants united with Google to declare: henceforth we will ban all content that is critical of President Trump and/or the Republican Party, but will actively promote criticisms of Joe Biden and the Democrats. 

You need go no further than to Glenn’s endless rants about this to prove that the outlets are not censoring content. They simply attempted to avoid being willful tools in the viral dissemination of propaganda, not the information itself.

Glenn’s selective concerns about monopoly

Glenn goes on to say some funny things about monopoly. He quotes from an article citing an HJC report on Facebook’s monopoly status, but (while he links the report), not the report itself.

In June, the House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law launched an investigation into the consolidated power of Facebook and three other companies — Google, Amazon and Apple — and just last week issued a sweeping report which, as Ars Technica explained, found:

Facebook outright “has monopoly power in the market for social networking,” and that power is “firmly entrenched and unlikely to be eroded by competitive pressure” from anyone at all due to “high entry barriers—including strong network effects, high switching costs, and Facebook’s significant data advantage—that discourage direct competition by other firms to offer new products and services.”

The report doesn’t address Twitter (because Twitter is not a monopoly). So instead, Glenn cites how many journalists use Twitter.

While Twitter still falls short of Facebook in terms of number of users, a 2019 report found that “Twitter remains the leading social network among journalists at 83%.” Censoring a story from Twitter thus has disproportionate impact by hiding it from the people who determine and shape the news.

This suggests that Glenn is concerned about the same thing Bannon is, ensuring that this story breaks out of the right wing echo chamber to be magnified by people like Maggie Haberman.

Glenn then makes some batshit crazy comments about Section 230, suggesting that only behemoths like Facebook benefit from it, and equating Section 230 with a specific exemption on antitrust law.

Beyond that, both Facebook and Twitter receive substantial, unique legal benefits from federal law, further negating the claim that they are free to do whatever they want as private companies. Just as is true of Major League Baseball — which is subject to regulation by Congress as a result of the antitrust exemption they enjoy under the law — these social media companies receive a very valuable and particularized legal benefit in the form of Section 230 of the Communications Decency Act, which shields them from any liability for content published on their platforms, including defamatory material or other legally proscribed communications.

As Glenn surely knows, The Intercept, a mid-sized journalistic outlet, is protected by Section 230. Even teeny tiny emptywheel is protected by Section 230. To suggest that Facebook and Twitter uniquely benefit from it is simply ridiculous. We here at emptywheel monitor our comment threads fairly aggressively, but because of Section 230, we won’t go to prison if one of you decides to use the comment threads as part of your Russian intelligence operation.

Glenn endorses social media taking actions for the public interest but not the ones HJC suggested social media needs to take

From there, Glenn takes what — for a claimed First Amendment absolutist like he used to be — is fairly stunning. He suggests that the monopoly status of Facebook (and everyone else who benefits from Section 230, he suggests by context, but he cannot possibly mean that) means they owe a “dut[y] to the public interest.”

No company can claim such massive, unique legal exemptions from the federal law and then simultaneously claim they owe no duties to the public interest and are not answerable to anyone.

That is, in a piece that bitches mightily that Facebook and Twitter took steps to prevent a shoddy story that may have been seeded by documents stolen by Russia from going viral on their platforms, Glenn argues strongly that Facebook and Twitter should take steps to serve the public interest.

Let’s take this moment to go back to that report that Glenn links but does not cite. Glenn goes on at length about the dangers of concentration in social media, some complaints of which are valid and some of which are misstated. But here’s what the report from which he has been providing a second-hand quotation says about one major danger of concentration in social media: it helps spread dis- and misinformation and breaks down accountability in reporting.

Finally, because news is often accessed online through channels other than the original publication—including search results, voice assistants, social platforms, or news aggregators— journalism has increasingly become “atomized” or removed from its source and placed alongside other content.315 In the context of audio news, one market participant noted that aggregating different news sources can create a bad experience for users.316 The aggregation of different news sources without editorial oversight can also cause reputational harm to news publishers, such as when highly credible reporting appears alongside an opinion-based news source.317

Indirectly, the atomization of news may increase the likelihood that people are exposed to disinformation or untrustworthy sources of news online. When online news is disintermediated from its source, people generally have more difficulty discerning the credibility of reporting online. This process may also “foster ambivalence about the quality and nature of content that garners users’ attention,” particularly among young people.318

For example, during the Subcommittee’s sixth hearing, Subcommittee Chairman David N. Cicilline presented Facebook CEO Mark Zuckerberg with evidence of a Breitbart video that claimed that “you don’t need a mask and hydroxychloroquine is a cure for COVID.” 319 As he noted, within the first five hours of this video being posted, it had nearly “20 million views and over 100,000 comments before Facebook acted to remove it.” 320 Mr. Zuckerberg responded that “a lot of people shared that, and we did take it down because it violate[d] our policies.” 321 In response, Chairman Cicilline asked if “20 million people saw it over the period of five hours . . . doesn’t that suggest, Mr. Zuckerberg, that your platform is so big that, even with the right policies in place, you can’t contain deadly content?” 322 Mr. Zuckerberg responded by claiming that Facebook has a “relatively good track record of finding and taking down lots of false content.” 323

Moreover, because there is not meaningful competition, dominant firms face little financial consequence when misinformation and propaganda are promoted online.324 Platforms that are dependent on online advertising have an incentive to prioritize content that is addictive or exploitative to increase engagement on the platform.325 And the reliance on platforms by advertisers has generally diminished their ability to push for improvements in content standards. As a news publisher explained in a submission to the Subcommittee:

As advertisers have become more reliant on dominant search and social platforms to reach potential consumers, they have lost any leverage to demand change in the policies or practices of the platforms. In the era of newspapers, television, radio, or indeed direct sales of digital advertising online, there was a connection between advertising and the content it funds, creating a high degree of accountability for both parties in that transaction. This maintained high content standards, and enabled advertisers to demand or pursue change from publishers whose content standards fell. While many high-quality publishers continue to operate stringent policies in relation to the digital advertising that they permit to appear within their services, in a world of programmatic audience trading that self-regulated compact between advertisers and platform does not exist.326

During the Subcommittee’s sixth hearing, Representative Jamie Raskin (D-MD) raised this concern. As he noted, in July 2020, Facebook faced an advertiser boycott by hundreds of companies.327 This effort, which has been spearheaded by the Stop Hate for Profit campaign, a coalition of civil rights groups organizing in protest of “the rapid spread of hate messages online, the presence of boogaloo and other right-wing extremist groups trying to infiltrate and disrupt Black Lives Matter protests and the fact that alt-right racists and anti-Semitic content flourishes on Facebook.” 328

As a result of this campaign, more than a thousand major companies—including Disney, CocaCola, and General Motors—announced that they would pull $7 billion in advertisements on Facebook as part of the Stop Hate for Profit boycott.329 But as Representative Raskin pointed out during the hearing Facebook does not “seem to be that moved by their campaign.” 330

That is, the report that Glenn refers to approvingly but does not cite actually connects concentration in social media to the way platforms are more likely to spread disinformation, propaganda, and exploitative content. The report describes the specific consequences that can arise — people ignore best practice during a pandemic — when social media companies act too slowly to prevent disinformation from achieving virality on their platforms.

Effectively, then, the report that Glenn cites favorably says that the public interest is served when social media platforms prevent disinformation from going viral on their platforms.

Glenn endorses requiring that monopolistic social media platforms answer to the public interest, invokes a report laying out what that public interest would be, and then wails because two platforms have done precisely what his argument suggests they should do, limit how their platforms are used to spread disinformation, propaganda, and exploitative content.

Glenn utterly confuses content, source material, propagandistic packaging of that source material, and discussion of that propagandistic packaging

In the later part of his screed, Glenn makes some important points about the inconsistency of Twitter’s evolving explanation for why it is limiting the virality of the Post pieces. He’s absolutely right that there should be some transparency and thought put into these policies, and an attempt to apply them consistently both between partisan sides but also globally, where social media more often caters to the whims of local governments to crack down on dissidents.

But amid those very good points, Glenn ties himself in knots, confusing precisely what it is he’s talking about.

Remember, the problem Glenn is complaining about is that after the Post posted some stories that he admits make “overblown” claims, published scandalous photos for which there’s “no conceivable public interest in publishing,” and offered an “explanation of how these documents were obtained [that] is bizarre at best,” Facebook and Twitter chose not to let those stories go viral on their platforms.

Glenn focuses in his post on the NYPost’s storied history.

Founded in 1801 by Alexander Hamilton, only three U.S. newspapers are more widely circulated.

But he doesn’t discuss that the woman writing these stories appears to have been installed at the Post from Hannity solely to publish them at the Post (this kind of shell game within the Murdoch empire also facilitated the Seth Rich hoax, per discovery in the Rich family lawsuits).

Post deputy political editor Emma-Jo Morris’ reports on Biden this past week constitute the sum total of her professional bylines. (That is, other than some posts Morris wrote in the summer of 2015 as a college intern for the conservative Washington Free Beacon.)

Prior to joining the Post in early spring, Morris’ most prominent media job involved her three years and eight months as a producer for Hannity, the Fox News star who is one of the president’s closest advisers. Morris did not reply to requests for comment sent to her social media accounts.

That is, while Glenn nods to the problems with the Post story, he doesn’t even examine how the reporter came to show up there, only to have Rudy Giuliani and Steve Bannon (the latter of whom Glenn doesn’t mention) drop these stories into her lap, details which go to her reliability. He ignores those details in a column that complains that social media platforms are throttling the virality of the Post story — but not the underlying allegations.

To illustrate how this undermines Glenn’s claims of censorship, recognize that there are four levels of the story here:

  • The claims about Burisma (which have been debunked by expert witnesses testifying under oath); discussions of these claims have not been throttled at all
  • Emails that the Post allegedly learned about from Bannon and received from Rudy, who in turn claims to have received them (using his attorney as a cut-out) from a repair store, but which neither the Post nor Rudy nor Bannon will share with others; if these emails were made publicly available, Twitter might throttle access to them under its prior “hacking” rule, but not necessarily its revised one
  • Several stories by a Hannity producer installed at the Post just before she wrote these stories; two social media companies have taken measures to limit the viral sharing of the stories, largely by limiting how readily users can access the stories directly via links posted on the social media sites
  • Discussion of the story and its production, of which this post, Glenn’s column, and his social media rants are part; that Glenn can rant at length on Twitter is proof that the social media companies are not “censoring” the discussion about them

The only thing at issue here are the Post stories. Not the underlying allegations; not (yet) the emails, if Bannon and Rudy ever decided to share them; not discussions about the Post stories.

In the section of his column discussing the actions by Facebook and Twitter, Glenn correctly limits his discussion to the article itself (without always noting that the issue was links to the article, not discussion of it).

But in his discussion claiming censorship more generally, Glenn conflates [links to] the story with the content of the story itself.

Then there is the practical impact of Twitter and Facebook uniting to block content published by a major newspaper. It is true in theory that one can still read the suppressed article by visiting the New York Post website directly, but the stranglehold that these companies exert over our discourse is so dominant that their censorship amounts to effective suppression of the reporting.

[snip]

THE GRAVE DANGERS posed by the censorship actions of yesterday should be self-evident. Just over two weeks before a presidential election, Silicon Valley giants — whose industry leaders and workforce overwhelmingly favor the Democratic candidate — took extraordinary steps to block millions, perhaps tens of millions, of American voters from being exposed to what purports to be a major exposé by one of the country’s oldest and largest newspapers.

[snip]

Do we really want Facebook serving as some sort of uber-editor for U.S. media and journalism, deciding what information is suitable for the American public to read and which should be hidden from it after teams of journalists and editors at real media outlets have approved its publication? [my emphasis]

Preventing a story from being spread virally from a platform, without preventing it from being discussed, in no way prevents “tens of millions … of American voters from being exposed to what purports to be a major exposé,” (though, in fact, the stories mostly recycle the same old allegations that experts have debunked under oath). It simply requires those engaging in the discussion — including via Glenn’s rants on Twitter or via stories about the Post stories, including Glenn’s column, which Twitter has not throttled — to go find that story itself.

Glenn’s theory that authentic emails justify serving as a mouthpiece for Russian intelligence

I’m most interested in how Glenn sprinkles a theory in this column that he has espoused in the past to defend his regurgitation of emails stolen by the GRU in 2016. He suggests that — so long as emails or other source documents are authentic — it doesn’t matter if they’ve been packaged up by a hostile intelligence agency (or a Murdoch propagandist installed expressly for the purpose). In this case, he suggests that until the Bidens prove the emails are not authentic, then the story which Glenn acknowledges overhypes what is claimed to be in the emails might “corroborate” a story largely debunked by experts testifying under oath.

While the Biden campaign denies that any such meetings or favors ever occurred, neither the campaign nor Hunter, at least as of now, has denied the authenticity of the emails.

[snip]

While these emails, if authenticated, provide some new details and corroboration, the broad outlines of this story have long been known: Hunter was paid a very large monthly sum by Burisma at the same time that his father was quite active in using the force of the U.S. Government to influence Ukraine’s internal affairs.

[snip]

The Post’s explanation of how these documents were obtained is bizarre at best: They claim that Hunter Biden indefinitely left his laptop containing the emails at a repair store, and the store’s owner, alarmed by the corruption they revealed, gave the materials from the hard drive to the FBI and then to Rudy Giuliani.

While there is no proof that Biden followed through on any of Hunter’s promises to Burisma, there is no reason, at least thus far, to doubt that the emails are genuine. And if they are genuine, they at least add to what is undeniably a relevant and newsworthy story involving influence-peddling relating to Hunter Biden’s work in Ukraine and his trading on the name and power of his father, now the front-runner in the 2020 presidential election. [my emphasis]

As I noted on Twitter, if Glenn consulted with The Intercept’s security expert, Micah Lee, Micah could explain that — at least given the publicly available metadata — there very much is reason to doubt the emails as presented are actual emails.

But even disclaiming knowledge of the technical problems with the provenance of the emails, Glenn nevertheless admits that the Post’s explanation for how these emails dropped in its lap is “bizarre at best.” Having admitted that, though, he puts the onus on the Bidens to deny the authenticity of these emails, not the journalists reporting on them. It’s not enough for Joe Biden to provide solid evidence (his calendar) explaining why the allegation construed from these emails is not true, the Bidens must disprove the authenticity of the emails (which would entail treating this story as credible, and giving it air).

Crazier still, Glenn takes no responsibility himself to assess whether the emails actually prove what the Post claims they do, a distinction between the authenticity of emails versus the accuracy of the interpretation derived from the emails. He states, as fact, that if the emails prove authentic it will “provide some new details and corroboration” and “add to” the existing allegations about Burisma. Except that’s not true! They’ll only add corroboration if the content of the emails is read correctly and if that correct reading logically ties the evidence (a claim about a meeting that was offered but not scheduled) to allegations that are newsworthy, much less misconduct. What the Post has floated falls far short of that, yet because it included pictures Glenn doesn’t find newsworthy and a claim to have actual emails, Glenn doesn’t scrutinize whether the reading of the emails demonstrates both an accurate interpretation and news value.

In other words, Glenn has totally abdicated assessing for himself whether the emails dangled say what a biased presenter claims they say, and even if they do, whether that really backs the allegations that have been debunked by experts testifying under oath. Thus far, they don’t.

Glenn’s defense of the Post story replays his defense of his own publication of emails stolen by GRU

As I said, this is a theory of journalism Glenn has espoused before, when defending his willingness to publish emails stolen by the GRU. He uses that theory, for example, when asked to defend this October 9, 2016 article, presenting as “news” that the Hillary campaign:

  • Pitched Maggie Haberman on a story she subsequently gave “somewhat more critical than what the Clinton memo envisioned” coverage of
  • Specified what should be treated as on the record and off when speaking with journalists
  • Had a list of surrogates, some of whom were paid by the campaign, who would appear on cable news
  • Hosted off the record gatherings with journalists

As the story concedes, none of that was really newsworthy. Glenn justified posting documents from sources that had just been described as Russian cut-outs by saying the documents “provide a valuable glimpse” into how all campaigns work the press.

All presidential campaigns have their favorite reporters, try to plant stories they want published, and attempt in multiple ways to curry favor with journalists. These tactics are certainly not unique to the Clinton campaign (liberals were furious in 2008 when journalists went to John McCain’s Arizona ranch for an off-the-record BBQ). But these rituals and dynamics between political campaigns and the journalists who cover them are typically carried out in the dark, despite how significant they can be. These documents provide a valuable glimpse into that process.

Glenn has not, as far as I’m aware, reported on a far more interesting role Maggie played in 2016, where Rick Gates leaked information to her as a way to get it into Roger Stone’s hands. Perhaps he didn’t report on that because the documents were legally released as part of a trial, or perhaps because finding them would take actual work, rather than repackaging what an interested party fed him in much the same way that Hillary fed the press.

Glenn vetted that story the same way he seems to think the Post story should be vetted: by asking the victim if the documents are accurate and, absent a denial that they are accurate, publishing them as “news.”

Given more than 24 hours to challenge the authenticity of these documents and respond, [Nick] Merrill did not reply to our emails.

Here’s how, in a column published on October 9, Glenn justified publishing stolen documents that — he ultimately admitted — weren’t really newsworthy but for which he had been given an exclusive.

The emails were provided to The Intercept by the source identifying himself as Guccifer 2.0, who was reportedly responsible for prior significant hacks, including one that targeted the Democratic National Committee and resulted in the resignations of its top four officials. On Friday, Obama administration officials claimed that Russia’s “senior-most officials” were responsible for that hack and others, although they provided no evidence for that assertion.

As these internal documents demonstrate, a central component of the Clinton campaign strategy is ensuring that journalists they believe are favorable to Clinton are tasked to report the stories the campaign wants circulated.

Even here, Glenn muddles things. Guccifer 2.0 was a persona. While it claimed responsibility for the hacks, virtually all experts by this point in October 2016 had presented public evidence for why they believed GRU (which Glenn does not mention in the piece) was responsible for the hack. This is the move that Glenn has — for years! — defended by saying, about his decisions to publish stolen emails, that it is “fundamental” that journalists must “report on newsworthy information legitimately in the public interest,” even if the source is bad or had bad motives (or, Glenn doesn’t say this but implies it, is a hostile intelligence agency trying to tamper in an election).

Other than “harm to innocents,” there is no excuse or justification for journalists to refuse to report on newsworthy information legitimately in the public interest – including claims that the source of that information is bad or had bad motives. This principle is fundamental.

Note what Glenn doesn’t consider here: whether the source is bad and has been proven to be a liar.

It turns out that Glenn and I had a bit of an exchange with Guccifer 2.0 just days before he decided to post documents that weren’t newsworthy because he was given an exclusive.

On October 4, 2016 — just after WikiLeaks had promised to release files that everyone believed would be Clinton Foundation documents, Guccifer 2.0 posted some party documents claiming they were Clinton Foundation documents.

I tweeted, without linking the site or Guccifer 2.0’s tweet announcing the release, noting that the documents probably weren’t Clinton Foundation documents. Within twenty minutes, Glenn asked why I said that, and I noted, two minutes later, that the documents might be authentic, but they were not what Guccifer 2.0 said they were.

According to Glenn’s long-term standard — publishing documents believed to be authentic, so long as some thin public interest can be described — I guess he would support publishing them. According to journalistic standards, however, publishing something from someone who had recently been caught lying ought to raise real questions about reliability.

Forty minutes after my original tweet and about twenty after my exchange with Glenn, the persona RTed my tweet, explaining away my objections.

Shortly after RTing me, the Twitter persona followed me.

This makes Glenn’s decision to post those documents on October 9, 2016 all the more inexcusable. Less than a week before Glenn posted the least justifiable story of many of his unjustifiable 2016 uses of stolen documents, someone he (then) trusted had pointed out that the persona was a liar. But he posted the unnewsworthy documents, on the schedule that served the persona, anyway.

Those who make “slimy insinuations” based off authentic documents are “smear-artists & cowards”

Of course, this rush to publish documents simply because you have documents, even if they provide no new evidence to “corroborate” stories already debunked by experts testifying under oath, can end up tainting by insinuation. That’s the entire point, and that’s what happened with this Post story.

Don’t take my word for it. Take Glenn Greenwald’s.

Last year, when DOJ released the first bunch of 302s under the BuzzFeed FOIA for the Mueller Report backup, numerous people (I’m sure I was one of them), pointed out this reference in a February 2018 Mueller interview with Steve Bannon. In the context of a series of questions about his knowledge of Trump Organization’s ties to Russia, he was asked about what appears to be the fall 2017 story (which we now know was a limited hangout) of Michael Cohen’s efforts to pursue a Trump Tower Moscow with Felix Sater.

Bannon described how he claimed to assess the validity of the story: he reached out to “his contacts at the Intercept, Fox, the Guardian and ABC News,” who all had no further information, which did not surprise him. And, I guess at that point, he dropped the issue.

Understand, Bannon (the guy behind the Post story) is a liar, and this interview in particular was full of false story after false story. Bannon probably was lying in all his interviews about his knowledge of Trump’s business ties to Russia (including elsewhere in this same interview). It may be that when Cohen released a carefully crafted cover story, Bannon really did call up some news outlets rather than people who would actually know. It may be that Bannon invented the story about calling news outlets altogether.

It’s just weird, though, that Bannon named the Intercept before Fox, and frankly weird that Bannon would claim to call an outlet with zero expertise on this issue to find out if they had heard anything.

Whatever the explanation — whether it was the inexplicable truth, Bannon lied about calling these outlets, or Bannon lied about his knowledge of the Trump Tower deal — that he made the claim is curious.

When it was posted with absolutely no claims about what it meant, Glenn went ballistic, accusing people who screen capped a curious reference to be “using slimy insinuations about who it [sic] is without having the courage to say it explicitly.”

Using Glenn’s method, of course, one could have asked him if the 302 of an official investigation officially released by DOJ was authentic, and that would be enough — according to Glenn — to merit not just publishing it in a story, but doing so while making other insinuations not backed by the evidence.

When something far less intrusive, based off documents legally FOIAed, happened to Glenn, he accused those of posting screen caps from official 302s of being smear merchants.

But when Steve Bannon is behind it and even the claimed provenance of the documents is absurd and the more likely provenance is quite suspect, Glenn demands that such insinuations must be allowed to go viral on Facebook and Twitter — anything less is censorship.

Share this entry