Three Things: Oracle’s 299, Flashback, Longreads and 4/20

Day Zero — the day after federal income tax filings were due — came and went, with zero Trump tax returns disclosed to the public. While Trump’s positions on many issues flip-flop and confuse the world, on transparency, ethics, and his tax returns he has been utterly consistent: opaque and unethical.

Fortunately today is 4/20. Do with that what you will. Do you smell brownies?

Speaking of 4/20, did you know that states where marijuana legalization appeared on the 2016 ballot, those initiatives outperformed one or more of the two main presidential candidates? What a candidate or political party might do with that knowledge…anyhow, on with three things.

Unprophetic Oracle
There’s still some fallout after The Shadow Brokers (TSB) release last week of NSA Tailored Access Operations’ (TAO) toolkit. Software vendor Oracle announced a patch for 299 vulnerabilities revealed by the TSB.

Wrap your head around that: 299 fixes.

Bigger than the whopping 276 fixes Oracle issued last summer in one fell swoop.

Now wrap your head around the fact this mega-patch covers a range of corporate enterprise software used for nearly every aspect of business operations, from human resource management to service or manufacturing resource planning.

If the NSA isn’t conducting economic espionage Oracle seems like an odd target to saturate so wide and deeply.

Still haven’t decided what to think of Oracle’s ability to push out this many patches inside a week. Were they tipped off, or were these vulnerabilities so obvious they should have been fixed ages ago? Or maybe this is what happens when a business like Oracle takes its eyes off the ball and focuses on the wrong things like a protracted lawsuit against Google?

Memories, jogged
When I saw this table fragment on Twitter, listing a few exploits revealed by TSB, I had a flashback to the Bush administration.

Gee, I wonder how much of the NSA TAO-Equation Group toolkit could explain the White House’s missing emails post-Plame outing?

Longreads: Economics, Liberalism, Google’s first moonshot
These are worth your time yet this week or weekend.

The Liberal Order Is Rigged by Jeff D. Colgan and Robert O. Keohane in Foreign Affairs (registration required) — An examination of liberalism’s failure and how the failure led to anti-democratic populism. In my opinion, this assessment is good but simplistic; the knee-jerk reaction many will have to the word ‘liberalism’ alone indicates there is far more at work than liberalism failing to deliver on its merits. It’s still worth a read; we must begin to pick out and save the liberal from neoliberal if we are to save democracy. Must say I’m surprised at Foreign Affairs’ steady shift away from rigid conservatism as well as neoliberalism.

The moral burden on economists — Darryl Hamilton’s 2017 presidential address to the National Economic Association warns against treating economics as a morally neutral ‘science’. How much of the failure of liberalism is really due to immoral/non-neutral application of economics?

Torching the Modern-Day Library of Alexandria by James Somers for The Atlantic — This tagline is quite the hook: “Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them.” Heartbreaking to think there hasn’t been a middle ground to free these books to the public. In my opinion, Google is out the money on the scanning process. What would happen if they spun off this effort as a nonprofit digital Library of Alexandria? Could the funds from books approaching out-of-copyright date pay for the upkeep and digitization of new works?

Chaffetz out?
I don’t even know what to think of the rumors that Rep. Jason Chaffetz may leave Congress before his term ends December 2017. Some speculate his role in cutting funding directly related to security for diplomats plays a role; others speculate the decision is based on a more personal driver. I hope he can live with what he’s done and what he may yet choose to do. I’d hate to have to explain myself to my kids if I’d made some of his decisions to date.

There’s your three things and a lagniappe. À bientôt!

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.

Three Things: Not-So-Neutral, Day 2 and Reading

This house was occupied by outside forces this long holiday weekend, obstructing output. Hope your weekend was similarly occupied by loved ones. Here’s three things for today.

It’s Day 2, Donald
At least 150 Tax March rallies across the country on Saturday reflected the public’s opinion about Trump’s tax returns — he must disclose them. Predictable locations participated, like New York City, but when red state cities and towns like Florida’s West Palm Beach have marches it’s an indicator.

Where are your tax returns, Trump? And don’t give us the “under audit” excuse yet again like you did through Spicer this afternoon. All previous presidents have been automatically audited while in office and still disclosed their returns. Nor are we going to buy your administration’s trash talk about the Tax Marches; we know what’s up with organized white supremacist provokatsiya.

Projection, much?

Net-not-so-Neutral
The big guys in technology — Apple, Facebook, Google, Microsoft, Netflix, Twitter, more — are slowly stirring from their post-inauguration torpor on net neutrality and the threat to their businesses non-neutrality poses. Their industry group, the Internet Association, expressed their concerns last week to the Federal Communications Commission about the FCC Chair Ajit Pai’s intent to kill net neutrality regulations established under the Obama administration.

Kind of slow on the uptake, dudes. Could have seen this coming based on Pai’s anti-neutrality stance when he served as an FCC commissioner. Also could have easily predicted Pai’s position based on the current administration’s drive against regulations.

And Pai’s move to reduce FCC oversight of the internet by shifting it to the Federal Trade Commission is a blowjob gift for the telcos — in spite of the fact more communications travel over the internet, a move to the FTC reduces exposure of communications to existing communications regulations. This does not serve the public’s interest.

There’s an alternate tack members of the Internet Association could take, if a little pricey and radical: they could simply buy the telcos. Google could acquire AT&T which has been a major PITA obstructing competition from Google Fiber. Apple could just buy Verizon for iPhone service and Facebook could snap up CenturyLink. The Internet Association could take on a role as mediator addressing traffic issues between them.

And then let’s see what happens to reducing regulation and net neutrality. Of course this creates an entirely new set of challenges with regard to privacy, but I’d rather move toward regulations to address them under FCC. (And I’d really rather digital morons like Rep. Jim Sensenbrenner (R-WI) had nothing to do with the intersection of privacy and technology when he clearly doesn’t grasp the internet is telecommunications deserving the same privacy as landlines.)

Speaking of acquisitions, there’s speculation Apple could buy Disney which includes ABC and other content subsidiaries like ESPN. Looks like wishful thinking right now on part of analysts, but if FCC’s Pai continues shredding net neutrality, it makes more sense for Apple (and other internet companies) to snap up companies which make content, cutting out carriers or forcing them to pay for Apple’s content.

Longreads
Here’s a few things worth your time during a commute or lunch hour this week:

A look at the end of Gaullism as France approaches its election.

Essay: Friendship as a Civic Democratic Practice — that’s little d democratic here; Ivy Schweitzer asks if we can’t look to our friendships to fix our national political schism. (Me? On a limited basis; I can’t be friends with Nazis.)

Marc Ambinder on U.S. government continuity — worth a read, but I’ve long had a nasty feeling continuity plans were changed because of 9/11 and they’re in a classified executive order if I’m right.

Interesting look at impact of open-source citizen investigations on Russian disinformation — focal point of this analysis is the doomed 2014 Malaysian Air flight MH17.

Those should keep you busy. Day 1 ahead — last day to file income taxes without penalty or file for an extension. Time, tide, and taxes wait for no man, Trump.

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.

Open Thread: Arcs and Sparks

I’m writing most of this post nearly a week before this will actually publish. Since I first began blogging 15 years ago, I can’t think of a time when I couldn’t write a casual, evergreen piece without worrying what would happen between the time I first began typing and the post published. Now? I hope the Reichstag fire of our age has not been sparked by the time you read this and I finish clicking the Schedule Post button.

I guess if the Fire 2.0 has come, you’re probably too busy to read this anyhow. Why should I worry?

This week’s featured art is by Polish painter Jacek Malczewski. I had the privilege once of seeing some of his work during a trip to Europe. Words can’t convey the intensity, the palpable power of his painting. It feels as if it will fall out of the canvas at one’s feet in a fury of energy. This particular piece, Melancholia, is probably his most famous. It traces a narrative arc from left to right — how very western! — which nearly spills over the front bottom edge of the 4.5-foot by 8-foot canvas. The arc describes emergence of both the artist and Poland, from conception in the interior of an artist’s studio toward the open window and the sunlight beyond, from insurgency and exile to Young Poland of age and strife. The window’s sill forms a barrier, a limit beyond which death may exist, but whose limit, whose death? what an amazing amount of content crammed into this painting; I wish I could have found a better digital image to do it justice.

I asked in last Saturday’s open thread/art post for readers to consider this untitled piece by Zdzisław Beksiński. Beksiński may have been inspired by Malczewski’s Melancholia in his depiction of a surrealist gothic arc; this one is so dark, so tight that a narrative is nearly impossible to decipher. It, too, emerges from the left and transits to the right, but from a bright formless void to a bricked up exit. It is more melancholy than Malczewski’s work in its darkness. One of Beksiński’s more obvious nods to Malczewski’s Melancholia spells out ‘Melancolia’ without the frantic rush of history’s sweep — only death and decay.

You can find a nice selection of Malczewski’s work at this link, and a solid overview of his career as a Polish symbolist at Culture.pl.

Non-arts stuff (if it’s not mentioned here, bring your topic downstairs in comments):

PGA Tour — Okay, I admit it, maybe one of the pasty white guys in golf togs might have mixed it up and added a little excitement this week — by slapping an alligator. Youngster Cody Gribble chased the reptile into a pond and then finished his round; sadly, at six over after Day 2, Gribble isn’t expected to make the cut. The tour’s at the Arnold Palmer Invitational in Orlando this week. Kind of a shame I’m rooting for more gators on the course in the deep rough.

NCAA March Madness — Live bracket here. A bunch of whining about the NBA’s one-and-done rule here, possibly explaining away any boring matches which are complained about here. C’mon, these players are teenagers, well-trained but still like puppies. Stop expecting miracles.

And who knew that guys schedule their vasectomies in March so they can lie about and watch basketball while nursing their bruised ‘nads? But you can only use that excuse once, dudes. Next year you can schedule a hernia repair. Make plans now to lift something obscenely heavy in December or January.

NFLThe draft. Because somebody noticed I omitted it on first pass last week. ~shrug~ Must say NFL is a dreadful abuser of autoplay embedded video.

Football — No, the other football. UEFA Europa League competition starts soon, with quarter-final draw yesterday. Check the matches here. UEFA Champions League quarter-final draw also made with next games scheduled for April 11-12. Some drama in Europa League surrounding the win over Russia’s FC Rostov involving a banana. Sadly, not as exciting as a golfing alligator.

NASCAR — At Phoenix International Raceway this week for the XFINITY Series DC Solar 200 (first short track this year) on Saturday and the Monster Energy NASCAR Cup Series Camping World 500 on Sunday.

NHL — I give up. Detroit Red Wings are still in the goddamn basement of the Eastern Conference Atlantic Division. You go and make up your own filler here after reading the current standings. And I am really sick of the girls rubbing Dallas Stars’ Tyler Seguin and Jamie Benn photos in my face, going on and on about Tyler’s abs. This week’s win over Vancouver Canucks forced me to shut off my Twitter notifications because of the flood of photos.

NBA — I just don’t care. Although I must say I laughed out loud when I noticed the top story in my feed was this one. Oh yeah, that’ll change everything.

MLB — Same. And really, is there such a desperate need for content that writers are reduced to stories like this? Here’s a mid-spring training report, but holy wah, what a godawful layout on desktop displays. You’ve been warned.

If I missed something, bring it downstairs with you and share.

32 days until Tax Day deadline. Do you know where your deductions are?

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.

Open Thread: Don’t Forget Poland!

Recall the quaint mid-Oughts during the 2004 presidential debates, when Dubya corrected his opponent John Kerry with, “You forgot Poland!

Ah, those were the days, when an illegal war and torture were our biggest concerns.

Unlike now when nearly everything liberal democracy represents is in flames and ashes.

Last month I looked at a couple of works by Norwegian artist Munch; his Angst and The Scream still speak to us about existential crises. This month I want to look at a few works by Polish artists who also seem relevant to our condition.

Like Zdzisław Beksiński’s The Trumpeter featured here; how fitting with its many-fingered creepy playing. It’s fairly contemporary, published in 1983, and used as cover art for metal band Artestor’s album, ‘Omen’. Beksiński characterized his art as baroque or gothic. Hard to argue against this description given the wealth of dark detail. Some of Beksiński’s work reminds me of Swiss artist H.R. Giger’s monstrous surrealism like that used in the film Alien.

Take note of this piece featured in a write-up about Beksinski in a favorite art magazine. I’ll make reference to it next weekend when I look at another Pole’s work.

Sadly, Beksiński was murdered in 2005 for refusing to loan a young man some money. He left behind a wealth of work which will stir our imaginations for years to come. You can find more of his work at Dmochowski Gallery online.

Non-artsy stuff:

NCAA Basketball‘s March Madness begins on Tuesday. ESPN has key tournament dates. NCAA offers a bracket challenge to follow along.

NHL Hockey regular season ends April 9. Come on, Red Wings, please don’t finish this season dead last. Only a month to claw over the bottom two. For crying out loud don’t roll over for the NY Rangers on Sunday or I’ll never hear the end of it from the girls. It’ll be all “Oh, that Mats Zuccarello this and that, he’s so cute…” Just, no.

PGA Tour is at Innisbrook Resort for the Valspar Invitational this weekend. Thankfully for tourney players and attendees Innisbrook is in Palm Harbor, Florida — the opposite side of the state from Mar-a-Lago. I can’t get excited about the tour, though; these guys at the top of the leader board are like watching paste set up.

NASCAR this week is in Las Vegas for the Monster Energy NASCAR Cup Series. So redundant, that line, but it is what it is. Not my thing, but I need to pay attention to this since my prospective son-in-law is a big NASCAR fan.

UPDATE 2:32 PM EST NFL Free Agency because somebody downstairs noticed I had ignored a professional sport about which I don’t care, now in post-season. You’ll notice I didn’t originally mention the NBA (one month left in regular season) or the MLB (three weeks before regular season opening day) or the MLS (regular season started a week ago) either.

Next thing you know somebody will ask, “What about horse racing?” Yeah. And what about Poland?

That’s a wrap. This is an open thread — bring your arts and sports and whatever here which doesn’t belong in topic threads.

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.

International Women’s Day 2017: #DayWithoutAWoman

It’s been 108 years since the first National Women’s Day was declared in the U.S.; in 1911 it became International Women’s Day.

It would be another nine years before American women’s right to vote was enshrined in the 19th Amendment, and another 68 years after IWD 1911 before women’s suffrage was deemed a fundamental human right by the Convention on the Elimination of All Forms of Discrimination Against Women.

In spite of women’s enfranchisement, they are under-represented in elected office; they have not realized parity in employment or pay across most industries. Their work is devalued more often and more deeply if they are engaged in emotional labor. They are far more likely to be under paid if they are women of color.

And now they fight to change this continuing inequity in spite of a world leader whose words and actions further denigrate their innate value.

The International Women’s Day 2017 theme is Be Bold for Change — but after a couple lifetimes, more than slogans are called for. The Women’s March movement, bolstered by its January 21st event and in concert with the International Women’s Strike organization, called for A Day Without A Woman to emphasize the role of women in the economy as part of their

As part of A Day Without A Woman, women are on strike when they can afford to do so. If you see a woman on the job, consider how challenging it is to support a family making wages which have not only stalled over the last two decades, but are on average 20% less than men make in the same jobs. Depending on whose study one reads, it will take 60 to 170 years for women to reach parity. This is absolutely unacceptable.

Today, women are wearing red to show their solidarity with their striking sisters. If you see women not wearing red, consider how their individual right to free speech has been degraded by corporatism in spite of their enfranchisement.

Today, women are avoiding purchases. If you see women buying goods or services, consider how difficult it is for some women to buy what they need in advance because of pay inequity in spite of the Equal Pay Act of 1963 and the 1964 Civil Rights Act. Families are deeply impacted by economic precarity based in gender pay inequity.

Today, consider how women’s freedom to make decisions about their reproductive health; will they be forced to quit their job because of unexpected pregnancy or inability to obtain adequate health insurance?

Today, consider the importance of women — regardless of their race, ethnicity, religion, cis-/trans-/straight-gay-bi-sexuality — to a healthy economy and a thriving country.

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.

Open Thread: Angst

It’s the last weekend in February; I think Edvard Munch’s ‘The Scream’ did such a fine job last weekend I’ll enlist another of his works to close this month. This one is called ‘Anxiety’ in English. In Norway they call it ‘Angst’. I think the latter is far more fitting based on definition.

We haven’t yet sunk into madness — March Madness, that is. (Don’t forget to fill out your bracket if you’re into that collegiate basketball-induced insanity.)

But we are definitely suffering from a collective existential dread. How will we climb out of this hole and fix this mess?

In the mean time, dump your burden here. Make light while you can. Remember Tuesday is Mardi Gras, the last guilt-free celebration until Easter for those of who are Catholic or Catholic-by-heritage. Offload your angst in comments and celebrate while you can without a side-eye or shade.

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.

Open Thread: The Scream

Norwegian artist Edvard Munch‘s most famous work, The Scream, seems most appropriate this week. If you can’t think of something that made you want to scream this week, count yourself a lucky person.

With Superbowl done, pro football season is over; that’s enough to make some folks scream with frustration if not boredom. Cheer up — there’s other sportsing to be had.

NHL regular season doesn’t end until April 9, 2017. (Ugh, Red Wings, in the basement? Come the fuck on.)

NBA regular season doesn’t end until April 12, 2017. (Pistons smack in the middle of the Eastern Conference. Meh.)

NCAA regular season ends March 5th, beginning March Madness. Start working on your bracket now. (I got nothing. Maybe next year if my kid transfers to a Big 10 school.)

PGA golf tour continues its plodding way with the Genesis Open this week at Riviera Country Club in Palisades, CA. (Yawn.)

I’m sure bmaz will fill us in on critical racing news if there’s any this week. I don’t think Formula One starts until the last week of March, though.

Me? I’ll be watching for Amy Suskind’s weekly list of Not Normal events measuring our republic’s drift away from sanity into a fascist one-party state. Last week’s list was grim and included for the first time items we have now normalized. I can hardly wait to see what’s on Week 14’s list.

This thread is open. Scream away.

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.

Show Us Where the Bad Men Touched You, Jason

Show us on the doll where the bad men touched you, Jason.

You, too, Lindsey, and the rest of you GOP members of Congress who are skeptical about the incoming administration. Forget the weak-willed, soft-handed slack ones in your ranks for the moment.

Did they touch you in the heart, or in your head? Or did they touch in your wallet?

We know they rounded you up, herded you into a room, then told you your beliefs were a lie — you’re no longer a member of the party of Reagan, and everything you’ve believed and lived for the last 30-plus years is vaporware.

Reports say Club for Growth was the shock troop used to deliver this radical shift in ideology, telling you you’re now populists after CfG’s Stephen Moore allegedly took a tour around the Midwest and saw what had become of industrial states.

And now you’re supposed to completely overhaul your belief systems overnight and there’s no such thing as facts.

Except, Club for Growth and their anti-tax small government ideology has been *exactly* the problem with the Midwest. They razed it to the ground, Flint’s mass lead poisoning being just one of the most obvious examples of what happened after they ‘liberated’ people from taxes and ‘freed’ the public from excess government regulation. The loss of manufacturing jobs and the offshoring of wealth should have made clear to you more than a decade ago reducing taxes and regulation wasn’t working.

(One need only look at China’s air quality to see we offshored more than jobs, and that some of our “excess government regulations” have worked.)

Did the men who cornered you in that room make it clear that they fucked up? That they were the reason so many of the U.S. industrial areas withered up and died? Did they admit the wall against which they made you stand for the last several decades — the starving of federal investment in infrastructure, education, and health by reducing and eliminating taxes — was the reason why industry found it cheaper to go overseas? Or that wages for remaining jobs have remained stagnant?

Imagine workers so healthy that automakers didn’t incur $5000 per vehicle in health care and insurance expenses. Imagine a workforce so well educated they could out-produce an automated, cheaper workforce abroad. Imagine roads and rails humming with efficiency, improved with American know-how.

That’s what they insisted you deny, literally starving the arsenal of democracy by withholding investment and encouraging the insertion of undemocratic management a la municipal ’emergency managers’.

Do you really believe after all this time these formerly anti-tax shock troops suddenly know what they are doing? Have you ever listened to the people in your district instead and parsed what it was they truly needed instead of hearing through CfG’s filter, trying to hang on to your place against the wall?

Worse, you’re encouraged to believe that we, your constituents, no longer care about corruption. As if we wouldn’t notice the silent drag on both our economy and well-being caused by skimming off the top in the form of unfettered conflicts of interest. As if we wouldn’t miss our democracy bought from under us by regulatory capture and rampant corporate campaign donations, resulting in gross inequality and a government of, by, and for business (screw the citizens).

We noticed — that’s what the election should have told you.

Brainwashing, that’s what these men have done and are doing yet again to you. We the people damned well do care about fairness. It’s NOT fair to make millions and billions off our backs when elected officials are paid by us to represent us. It’s a form of taxation without representation. These former anti-tax advocates are suddenly blinded to this by their incredibly flexible ethics.

What else will these men demand of you while you’re still in shock, the ground beneath your feet still fluid? Will they tell you we’re no longer the country of democratic principles and the Constitution, too? Will  you simply fall in line and believe them?

Do you know what it looks like anymore, to have a spine and live the oath you’ve sworn to the people all the way to the end of your term and through the next? Do you know what a Republican is supposed to be anymore, besides a reed bending in the wind?

Or will you merely become another bad man corralling others into groupthink along the wall, clinging to the illusion you’re doing the right thing because ‘political party über alles’?

Next, you’ll insist Arbeit macht frei as they herd you into yet another room.

Investigate conflicts of interest. Look into foreign influence in our elections. Investigate rogue elements of government. Prosecute and/or deny access to power. Protect our democracy by assuring every citizen has a counted vote. Live your oath to uphold and defend the Constitution. Don’t let the bad men continue to touch you, reach your loved ones, damage us all.

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 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.