Spaced In Time Trash Talk

Welp, moving from KIller Trash Talk to the things that are this weekend takes a lot. Insanity abounds, and is all around. Your healthcare? Yes, that is getting screwed hard. JCPOA (the Iran anti-nuke deal) yes, that too. If it affects the world in at least semi-positive way, the current President is blowing it all up. The fact that a black man might have even touched on any subject seems to infuriate the dementia ridden sundowning asshole in the West Wing even more.

It is who and what we life forms are now. And it is sickness in every regard, domestically and internationally. Trash Talk was designed to be a refuge from such things. I just cannot anymore. So, if that is a problem, I am sorry. Hopefully we will not stand by, and will not back down, while assclowns like Donald Trump cravenly politicize even common sports entertainment to soothe the 30% base they so cherish.

Nope.

Puerto Rico is dying in their own streets. Northern California is burning. People are trying to ride out the fire in swimming pools as their houses burn around them. While the Trump Administration and GOP sit on their hands, when they are not actively trying to make the entire situation worse. The fuckers are flying on jets, flying flags and making coins in their own image.

But, hey, the NCAA is moving on. Not sure anybody thought anything different would happen in Chapel Hill. Begging the question as to what happens to Louisville, another legacy NCAA basketball program. The NCAA under the terminally lame leadership of Mark Emmert will never change.

In the pros, it is getting hard to figure who is the bigger asshole. Is it Goodell and the NFL, or is it the, at this point, ignorant scorched earth strategy of Jeff Kessler and the NFLPA? The NFLPA is making an ass of itself in trying the everything and the kitchen sink theory as to Zeke Elliot. The NFLPA had a sympathetic plaintiff, Brady, and a supremely tenuous case by the NFL based on simple physics and chemistry. But then the NFL won in the 2nd Circuit. Zeke Elliot is not an all American kid with multiple championships. He is an abusive punk from Ohio State that is lucky the NFL did not find an aggravating act from when he pulled down a woman’s blouse in public during a parade. If you think Elliot has the better case here, you don’t try cases in real courts.

The thing is, whether under federal or state law, and in this case collectively bargained law, the arbitration rules….and the rules ARE “relaxed”….and control. It is about the process, not the facts. I, and a lot of others, tried to argue in the face of this in both Brady and Peterson. Same in Bountygate prior to those two cases. Those arguments were all made in cases with far more appealing clients than a repetitive malefactor like Zeke Elliot. He will serve the suspension, it is only a question of whether he and Jeff Kessler are smart enough to do so soon, or make it later, when it will really hurt a likely playoff team. We shall see whether the NFLPA scorched earth insanity prevails over the inters of Homer Simpson, er Jerry Jones and the Cowboys.

The games go on. The Natinals really ought to still be around, but the Cubs put them to rest. The Yankees somehow overcame Cleveland. Hard to not think the Tribe was the better team, but they didn’t close the deal, and the Yankees did. That said, the conference championships look truly awesome. I think the Astros are not only a better team, but have some juice right now as opposed to the Yanks. Not betting a lot of real money on that, but I think so. The Dodgers are what the Yankees used to be. The best team that all the money in the world can buy. But Chris Hayes made a Trump for Cubs deal with the devil last year, and I hope it still holds, and the Cubs win. If we “have” to have Trump, let the Cubbies win again.

Syracuse obliterated Number 2 Clemson already. Man, that was ugly. So was the job an average Cal did on Pirate Mike Leach and Washington State. Utah at USC should be interesting. Washington at ASU here might be as well, but Chris Peterson is a light years better coach than ASU’s Todd Graham, so ASU likely to get blown out, even at home.

Back to the pros: Philly already topped the Panthers, thanks to a good game by Wentz and a horrible one by Newton. Won’t always be that way, Panthers are dangerous if they get in the playoffs. Skins host the Niners. Will Kirk Cousins be playing on the other team next year? The Pack at Vikings looked really interesting when it looked like Sam Bradford was returning. Less so now, but Case Keenum can produce and they are in Minneapolise with that damn horn they blow. I’ll take Rodgers and the Cheese, but may be a great game.

My game of the week is the Buccos at Cardinals right here in the Big Toaster. Debut of Anthony Peterson at RB for Phoenix. Carson Palmer has quietly played superb QB so far this year for the Cards….when he is not getting murdered from bad, nee atrocious, O-Line play. If Arizona’s constantly remade O-Line can gel and protect the old man, it will be a hell of a game. Not going to bet on that, but just saying. Rams at Jags might actually be interesting. Glad that matchup is, for once, not in London. Other game of the week is unquestionably Scribe’s Steelers at Arrowhead to see the Chefs. I don’t for one second think Big Ben has lost a step, even if he may finally be maturing. But I am not sure that other forces in that locker room are unified the way past Steeler teams are. This will be a HUGE game for Pittsburgh, and less so for KC. I’ll take the upset on this one.

Okay, that is that. Another week. Another dime. Another dollar. Thank you for being here, and send some love to Puerto Rico and Napa.

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.

Killer Trash Talk

Hi there!

This will be a Trash Talk mostly absent the real world intrusions of the last few weeks. Mostly.

But I had dinner a couple of days ago with a couple of people, both students, with a family and home in Puerto Rico. No, nothing there is going the way Trump duplicitously portrays it. It is just not. To argue otherwise is to prove a fool and ignorant. Here is the Washington Post with a reminder of what we all knew. The family we know lives in a part of San Juan that is upscale. It is the “nice” part. They still do not have power. Just barely got running water. Things are very much not good there. And will not be for a very long time. For this White House to have taken the victory laps they did is simply unimaginable. Then there is the Las Vegas shooting. That will await another day.

So, probably we should be concerned about whether or not athletes in America stand of kneel for the national anthem. Even in hockey they may not always, or they may raise a Tommie Smith fist, and idiots will probably be up in arms about that.

On to the games. Turns out, the Mean Green of Sparty did the nation a favor by slaying Kaptain Khaki and the Bo Merlots in the large abode. And Mark Dantonio reminded everybody exactly who is the best college coach in Michigan. Don’t sleep on Chris Peterson and Washington, they are coming, and he is one hell of a coach. And hate it all you want, Penn State may be in that rarified picture too.

As to the pros: I cannot say it any better than Gary Myers did, so I won’t, and will let him speak:

The NFL needs to start looking for ways for the Chargers to move back to San Diego. Team owner Dean Spanos should take the $650 million relocation fee he owes the NFL and put it towards a new stadium in San Diego instead. Fans are tired of corporate welfare and don’t want to pay for billionaires to get new stadiums so they can make even more money. Los Angeles was fine without a team for over 20 years and now they have two. The Rams are having a tough time getting re-established in the market. The Chargers are not wanted. They can’t even sell out the 27,000-seat soccer stadium that is their home until the new stadium is ready in 2020. Fans of opposing teams are making it feel like home games are road games for the Chargers… Rivers has not relocated his family to the Los Angeles area. He customized an SUV with video equipment and a driver and rides up from San Diego every day with backup QB Kellen Clemens. Rivers says the commute takes about an hour each way. They must be leaving early and coming back late to beat the usually horrendous traffic. “It’s actually been even better than anticipated. That’s one thing I’m thankful for,” Rivers said. “I’ve had no issues at all and really feel like I’m getting all the work done. It’s been as if, honestly, as if I was right there in San Diego, as far as the way we get to setup. So, it’s been smooth.”
>>>>>
Chicago’s Mitchell Trubisky is the third rookie QB now starting as he takes over for free agent bust Mike Glennon. Browns second-round pick DeShone Kizer won the job out of camp and Texans first-round pick Deshaun Watson was made the starter at halftime of the first game. Alex Smith is doing a good job keeping first-round pick Patrick Mahomes on the bench in Kansas City… Watson, by the way, was electric in the Texans’ 57-14 victory over the Titans last week throwing for 283 yards and four TDs and also running for a TD. The Texans traded up from No. 25 in the first round and also gave up their first-round pick in 2018 to move to the Browns spot at No. 12 to get Watson. Of course, Cleveland should have taken Watson. In March, they took Brock Osweiler’s $16 million guaranteed off Houston’s payroll along with adding the Texans’ second-round pick. If the Texans win the Super Bowl, the Browns front office should get Super Bowl rings… The Browns are 2-29 in their last 31 games, the worst 31-game stretch in NFL history.

I saw that this morning, and all of it were thoughts I had to start with. It is time for Trubisky. And Watson for the Texans looks like the truth. With a real franchise QB, the Texans could be scary good for a very long time. As to the Bolts, they really should go back to San Diego. It makes far more sense than LA for them. Thing is, I am not sure San Diego wants them back at this point. The blinding arrogance and lack of sensitivity of the Spanos family and the NFL owners/Goodell is so incredible that I am not sure the Chargers are now welcome anywhere, much less in San Diego. What a total oligarch cockup.

The Pats overcame the Bucs in one of the better and more memorable Thursday Night games to move to 3-2 for the year. Huge win, but Brady is still spending too much time on his ass from poor offensive line play. And, though the defense has been praised for their effort against TB, it really was not that much better. History reflects that Bill Bel defenses start soft and gel when it counts, but this one is nowhere near that yet. We shall see, but, for now, Bill Bel and the boys are 3-2 and on to the Jets Jets Jets, who will undoubtedly enter the game next week also at 3-2 because they play the Brownies today. The better question is whether the Bills circle their wagons enough today against the Bengals in Cinci to keep the lead in the AFC East, or if they fall to 3-2, and leave the Pats right where they always are. In the division lead.

In other games, the Cards at Iggles is interesting. Philly has been in a breakout so far. The Cards have sucked. I think the Eagles win this pretty easy, but Cards are one of those outliers that, if they catch fire, can flat kill you. Don’t think so this week.

Detroit at Carolina ought to be pretty interesting. What kind of routes will Cam the misogynist man run? But I’ll put my dimes on the Kittehs, because they are a better team. Titans at the Fish was going to be great, but Mariotta is hurt, now maybe a tossup. Best game, probably by far, is the Cheesers at the Boys. I’ll call it a tossup. It is not a make or break game for either team. It is, however, one of the more underrated rivalries in the NFL over the last two decades. That is must see TV.

Today’s music is by The Killers. It seems a weird name for the band in light of what just happened a week ago in their home town of Las Vegas. But they have been rocking, and carrying the banner of Nevada and Las Vegas since they broke out with Hot Fuss in 2004. The band is ridiculously good, and have been from the start. If you do not know The Killers, you should, give them a try. So, let us rock on for another week.

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 Trump Trash Talking of Puerto Rico

This spot in our week here at Emptywheel is supposed to be a set aside for light hearted banter on sports, especially football and Formula One. That is what we have done since our beginning over a decade ago.

But I just cannot summon the enthusiasm for that right now any more than I could last weekend when the Trump racism and narcissism were already raging.

There are 3.5 million American citizens in the lurch in Puerto Rico, suffering from dehydration, starvation and death. Because of a fundamental lack of fuel to move, and communications to know, the full extent of the damage is still not really known.

So, what is the most powerful leader in the world doing? Tweeting a bunch of racially bigoted trash at the people and leaders of Puerto Rico. Here is what our disgrace of a President blasted off this morning:

That graphic was posted on Twitter by Josh Marshall of TPM, and his annotations are perfect.

Trump’s conduct is disgusting and unconscionable. From a man fiddling golfing while Rome burns Puerto Rico dies. What did the Mayor of San Juan, the largest population center and capitol hub of Puerto Rican government say? She begged for her people via a tearful plea to all of the federal government:

“We are dying, and you are killing us with the inefficiency and the bureaucracy,”

That would be Mayor Carmen Yulín Cruz. She also had the temerity to call out Acting DHS Secretary Elaine Duke who made the horribly insensitive and asinine comment that Puerto Rico is a “good news story”. For seeking to keep her constituents from dying and calling bullshit on the actual bullshit of Elaine Duke, Trump now thinks Mayor Carmen Yulín Cruz is the functional equivalent of Kim Jong-Un. Even insanity has rarely run this far amok.

Where will you find Mayor Carmen Yulín Cruz? Perhaps there is a photo somewhere in an office, but since the Puerto Rican crisis began, I have never seen her portrayed by the press, or anybody else, as being anything other than tirelessly out in the streets and flooded destroyed neighborhoods with her devastated constituents. Like a real leader would be. This photo is indicative:

Remember General Russell Honore, who brought some long past due seriousness and reality to Katrina in NOLA? He is in San Juan now. Here is what he had to say when questioned on Trump’s attack on the Mayor:

“The mayor’s living on a cot and I hope the President has a good day at golf.”

Can’t argue with that. Maybe Trump can secretly meet with the Puerto Rican bondholders he so cherishes that put their craven investments ahead of the lives of American citizens, while he is relaxing at his fucking golf resort this weekend. It is simply who he, and they, are. It should NOT be who we are though. This country is better than that.

I would also like to, again, point out that the much ballyhooed by Sarah Sanders and Trump Administration “Jones Act Waiver was a complete fraud and sham on the press, public and, most of all, people of Puerto Rico. There are effectively little more than SEVEN days left on Trump’s bogus waiver and gift to craven bondholders and rapacious shippers. Trump insured he got good press for a news cycle and completely stiffed Puerto Rico of any meaningful assistance via relief from the hideously oppressive Jones Act. Heckuva job Trumpie.

If you want a couple of fantastic pieces of reportage on Puerto Rico today, go see the Washington Post piece “Lost weekend: How Trump’s time at his golf club hurt the response to Maria” as well as the superb interactive overview from the New York Times, “One Day in the Life of Battered Puerto Rico”. You will be better for having seen both.

As to the games. Eh, Pirate Mike Leach and Washington State pulled off a serious upset of USC last night. Leach had his usual awesome take. As to the NFL, the focus seems to be more on the pre-game than the real games. I will note that Tom Brady’s first start was 16 years ago today. The Patriots have since won 5 Super Bowls, 14 AFC East titles and 185 of his 238 starts. Kid can play ball. Also, this weekend is the Malaysian Grand Prix at the Sepang Circuit. Hamilton takes pole and Vettel starts at back of the grid due to a bad engine. That likely ends the Drivers’ Championship battle for yet another year.

That is it for today. Rock on, and put the thoughts of our fellow citizens of Puerto Rico in your hearts.

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.

Did President Trump Violate Federal Law With His Alabama Rant?

I wrote yesterday about the racial, social and football implications of Trump’s rant in the history and home of George Wallace.

But a new, and by all appearances excellent, commenter on that post noted this:

“It occurs to me that his tweets are at least arguably in violation of 18 U.S. Code § 227. That section prohibits the POTUS (among others), from “attempting to influence or interfere” in a private company’s labor matter, to urge a “political” firing. This is especially true where the basis for the POTUS’s urging of the firing of such a private company employee (union covered, collective bargaining agreement governed) — is (as here) centered on protected political first amendment expression.”

So, is that right? Well, it is a LOT closer call than most would dismissively think. Let’s look at the language of the relevant statute, 18 USC §277:

18 U.S. Code § 227 – Wrongfully influencing a private entity’s employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch:

(a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
(1) takes or withholds, or offers or threatens to take or withhold, an official act, or
(2) influences, or offers or threatens to influence, the official act of another,
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(b) In this section, the term “covered government person” means—
(1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
(2) an employee of either House of Congress; or
(3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code).

Read the statute. It is a lot closer call than you think. Will Trump’s own Department of Justice pursue this? No, no chance, nor probably should it be. Is it a viable question, and one that ought be discussed in the public and media, yes, absolutely.

As sports law “experts” would say, let’s break it down. There are elements to a crime. Trump is unequivocally a “covered person” within the ambit of the statute. Also unequivocal is the fact that his words in Alabama were meant to influence “an employment decision or employment practice of any private entity”, in this case, the National Football League.

The problem lies in section (a)(1) of the relevant statute, which requires:

takes or withholds, or offers or threatens to take or withhold, an official act

It is easy to see and admit that Trump would do just that in a heartbeat. But Trump did not do that per se in his Alabama speech.

No. That element cannot be met by Donald J. Trump’s Alabama Song of hate. So, no, there is no exposure to 18 USC §227.

It is a great thought and question though.

And it is a perfect example of the precipice of racism, bigotry and ignorance on which the political discussion in the United States, and our Article II Executive Branch, courtesy of President Trump, nows perilously treads nearly every day.

The events and actions in and from the NFL today, tomorrow, and in the next few weeks pale in comparison. They are a symbol and a voice. But it is so much more and bigger than that.

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.

When The President Hates A Race And Talks Racist Trash

President Donald J. Trump is a racist bigot. Jemele Hill was right on that one, not that sane people had not already realized it long ago, and well before his election. Take his ignorant position on the Central Park Five case, just as a for instance. Then add on how he was sued decades ago for discriminating against blacks in housing. Throw in a thousand other tell tale points and you have a picture of a self entitled candy assed rich New York racist. That is just who he is. It has always been there for inquiring minds to see if they so desired.

Now the latest pure and unadulterated racism from the now President of the United States. Last night in Alabama, Trump let loose a rambling self centered screed of a speech that would make George Wallace cringe. Here is a sample:

“Wouldn’t you like to see one of these owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now, out, he’s fired. He’s fired!”

He then went on to state that any player so exercising free speech should be “fired” and unemployable at their career job. From Michael David Smith at PFT:

Trump said an NFL owner who releases a player would instantly gain broad support across America.

“Some owner’s gonna do that. He’s gonna say, ‘That guy that disrespects our flag? He’s fired. And that owner . . . they’ll be the most popular person in this country. Because that’s total disrespect of our heritage. That’s total disrespect of everything we stand for,” Trump said.

Trump added that he believes fans should walk out if players don’t stand for the anthem. “If you see it, even if it’s one player,” Trump said, “Leave the stadium.”

Trump also argued that if they do this to boycott the NFL and personal free speech, they would be supporting him and his position.

Clearly aiming at Colin Kaepernick, Michael Bennett and Malcolm Jenkins, prominent NFL players who have had the audacity to be free thinking humans and exercise the protected free speech our Bill of Rights is led by and that generations of American patriots fought and died to preserve. Donald Trump shits on every ounce of that every time he goes on one of his little pointed and racist rants. And boy did he shit on it last night in Alabama. You’d almost think Trump is aligned with the neo-Nazi white supremacists with torches in Charlottesville that he praised as “fine people” instead of the full diversity of American citizens. Including, you know, black people.

Was Trump done? Of course not. He then cravenly went on to scold the NFL for being soft because of their (still lame and ineffective) concern about CTE degenerative brain disease:

“When the ratings are down massively, massively. The NFL ratings are down massively. Now the number one reason happens to be that they like watching what’s happening….with yours truly. They like what’s happening.

Because you know if they hit too hard…Fifteen yards! Throw him out of the game! they hd that last week. I watched for a couple of minutes. Two guys, just really, beautiful tackle. Boom, fifteen yards!

The referee gets on television, his wife is sitting at home, she’s so proud of him. They’re ruining the game! That’s what they want to do. They want to hit. They want to hit! It is hurting the game!”

An outrageous thing to say about, again, American citizens and their workplace safety issues. Especially when the most recent studies found CTE degeneration in 99% of the brains from NFL players they have examined. And when the NFL was just slapped with a complaint on Aaron Hernandez that exhibited that even a relative young player displayed “a raisin-like brain of a 70-year-old even though he was 27″. Simply craven, bigoted and outrageous.

It is the the stuff of a narcissistic self entitled bigot plantation slave owner. Trump literally thinks he is not only the the better, but genetically superior to other humans, including the constituents he works for. Including people he thinks are owned as slaves by the NFL and other terrorized employees.

When Trump instructs NFL owners to fire people that disagree with his own petty world view, he thinks they are plantation owners such as he sees himself with the rest of humanity. Trump makes “the best deals” but cannot see, nor appreciate, the NFL collective bargaining agreement (CBA), nor does he respect that deal for squat if employees thereunder happen to annoy the fat ass boy king and god.

Apparently Trump thinks the illustrious group of NFL owner oligarchs are his bitches too. As Don Van Natta noted, “Bob Kraft, Jerry Jones, Stan Kroenke, Daniel Snyder, Shahid Khan, Woody Johnson & Bob McNair each gave $1M to Trump”. That is nearly one quarter of the NFL owners. What are they rewarded with by their benefactor Trump? A call for boycott of their business interests unless they enforce an unconscionable suppression of political free speech he disagrees with.

This may “only be sports”, but this is one of the more stunningly outrageous and un-American symbols of the cancer the Trump Presidency really is. And what a demented, sick and small man Trump really is.

Did Trump stop with that stunning pettiness and bigotry? No, of course not. He woke up and decided to be the charlatan of humanity he really is, and decided to lash out at another icon of sports. Steph Curry. And more:

Well that is brilliant Art of the Squeal Like a Pig Don.

So, lets see, who has Donald Trump lashed out at exclusively in the last 24 hours? Ryan Lizza hit it on the head:

Trump has now attacked Jemele Hill, Colin Kaepernick, & Stephen Curry. All have something in common but I can’t quite put my finger on it.

Ryan was being sarcastic about the putting a finger on it. And, again, he was completely correct in his observation. I wonder what Trump would say about a golden white boy who turned down a White House invitation”? Oh, wait….

The face of the New England Patriots, Tom Brady, did not attend Wednesday’s White House ceremony with his teammates due to “personal family matters” — but the show went on without the star quarterback.

Brady’s decision not to visit the White House comes on the same day former teammate and convicted murderer Aaron Hernandez was found dead after an apparent suicide in his prison cell.

Yes, a pure as white can be Tom Brady gets no bad mouth at all from our racist bigot President, but be a black person in sports, whether athletes like Colin Kaepernick and Michael Bennett, or sports journalist like Jemele Hill, and he will try to deprive you and your family of the essential income your professional career provides.

This is where we are in America in the Age of Trumpism. If you are a white nationalist fat ass racist bigot, your President thinks you are “fine folk”. If you are an intelligent black, brown, gay or other, even trying to serve your country’s military, your President, Trump The Genetically Magnificent, will attack you and your family’s very source of income, and well being, mercilessly.

It is the shame of modern America.

I’m sorry, I’ve no stomach for the actual games this weekend at this point. We can all discuss that in comments, but not here. Not now. Not after this.

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.

Some Thoughts On The Arpaio Pardon

As you probably already know, Trump has pardoned Joe Arpaio. It is an abominable act by a lawless jackass. One lawless jackass pardoning another lawless jackass. Trump and Arpaio are really two peas in the same racist bigot pod; both supreme narcissists, ignorant and contemptuous of the rule of law down to their deepest bone.

And Marcy Wheeler is right that the nation as a whole is not the audience Trump is signaling, and while “Trump’s base” may be part of his audience in making this pardon move, it is likely even more intended for law enforcement. Police unions were almost across the board for Trump, and they do speak for their rank and file. Not to mention that all cops are fine with a pro law enforcement approach of Trump and his DOJ, not just the racist bigot ones.

The ACLU statement on the pardon is good:

For more from the ACLU, see the Twitter feed of Cecilia Wang, the litigation lead for ACLU on the Melendres and Arpaio litigation (she is seriously great).

But the ACLU doesn’t really go far enough. A couple of weeks ago I tweeted:

Because there is no point to which @realDonaldTrump will not shit on the rule of law and sanctity of federal courts. What a piece of shit.

That was a little flippant, but there is simply no question but that the pardon of Joe Arpaio is Donald Trump is degrading the Constitution and undermining the very fabric of the sanctity of courts and Rule of Law itself. If the Presidential pardon was not so unbound, this pardon would not stand up. It violates every iota of the American rule of law. It also is heinously invasive to the separation of powers in that it infringes on the power of the federal courts. But, again, don’t buy any nut telling you this pardon is unconstitutional or won’t stand up. That is silly, it is Constitutional, and it will stand up.

That said, Noah Feldman did a good piece explaining just what a Constitutional affront this act is, and should be considered:

To see why pardoning Arpaio would be so exceptional — and so bad — you have to start with the sheriff’s crime. Arpaio wasn’t convicted by a jury after a trial for violating some specific federal statute. Rather, he was convicted by a federal judge on the rather unusual charge of criminal contempt of court.

Specifically, Arpaio was convicted this July by Judge Susan Bolton of willfully and intentionally violating an order issued to him in 2011 by a different federal judge, G. Murray Snow.

Judge Bolton convicted Arpaio of criminal contempt. She found he had “willfully violated” the federal court’s order “by failing to do anything to ensure his subordinates’ compliance and by directing them to continue to detain persons for whom no criminal charges could be filed.” And she held that Arpaio had “announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise.”

This is the crime that Trump is suggesting he might pardon: willful defiance of a federal judge’s lawful order to enforce the Constitution.

It’s one thing to pardon a criminal out of a sense of mercy or on the belief that he has paid his debt to society.

It’s trickier when the president pardons someone who violated the law in pursuit of governmental policy, the way George H.W. Bush pardoned the Iran-Contra participants, including Oliver North.

But it would be an altogether different matter if Trump pardoned Arpaio for willfully refusing to follow the Constitution and violating the rights of people inside the U.S.

Such a pardon would reflect outright contempt for the judiciary, which convicted Arpaio for his resistance to its authority. Trump has questioned judges’ motives and decisions, but this would be a further, more radical step in his attack on the independent constitutional authority of Article III judges.

An Arpaio pardon would express presidential contempt for the Constitution. Arpaio didn’t just violate a law passed by Congress. His actions defied the Constitution itself, the bedrock of the entire system of government. For Trump to say that this violation is excusable would threaten the very structure on which is right to pardon is based.

Go read Noah’s entire piece at Bloomberg, you should. It perfectly captures everything I have thought ever since Arpaio was convicted by Judge Susan Bolton in July, and pardon talk started up. And, make no mistake, Arpaio started carping about getting a Trump pardon almost immediately, even if behind the scenes. It started long before the last 10 days.

To add insult to injury, Trump had the gall to issue this announcement after glibly leaving for the personal golf driving range at Camp David with a message to the victims in Texas and the Gulf Coast, who are currently being hammered by a Category Four hurricane and face imminent disaster. Trump’s message was “good luck”. What a complete cad.

And after callously signing his order implementing his patently discriminatory transgender ban for the military. Chris Geidner has a good report on that.

Just for the record, this is Trump’s first pardon issued, and for that he chose the most craven one imaginable. For comparison, both Obama and Bush waited nearly two years, and applied the power only to subjects properly vetted by the DOJ traditional pardon process, a copy of which is here for reference. Arpaio was not even eligible for consideration at this point, much less deserving under the guidelines. Those guidelines can be found here, pay particular attention to §1-2.112. To be clear, Arpaio had not even been sentenced yet, and was almost certainly not going to be sentenced to incarceration by Sue Bolton. I have known Judge Bolton for nearly 30 years, and I just cannot fathom that she was going to do more than give a nominal fine to Arpaio.

Craven jackass Arapio has already started crowing about his ill begotten good fortune through, what else, Twitter:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

What a racist bigot ass. Joe Arapio came into office on the wings of lies he told his initial backers. Before we close, a little story I wrote here a few years ago:

Joe Arpaio did not magically come to be Sheriff of Maricopa County. It happened because the two previous occupants of the Sheriff’s Office were, shall we say, problematic on their own. There was Dick Godbehere, who was, prior to being Sheriff of the fourth largest county in the United States, literally a lawn mower repairman. No, I kid you not. And he served with the same level of sophistication you would expect of a lawn mower repairman.

Then came Tom Agnos, who was supposed to return “professionalism” to the Maricopa County Sheriff’s Office (MCSO). But Agnos was a subservient Sun City resident who led the MCSO into not just the biggest cock-up in Maricopa county law enforcement history, but one of national and international proportion. The Buddhist Temple Murder Case where nine buddhist monks and acolytes were lined up and shot in the back of the head, execution style, at the Wat Promkunaram Buddhist Temple on the west side of Phoenix.

It was out of the Buddhist Temple Murders Joe Arpaio came to be. A group of prominent Phoenix trial attorneys, both criminal and civil, wanted an alternative to Tom Agnos and the whitewashing coverup he was conducting on one of the greatest coerced false confession cases in world history. The group of trial lawyers coalesced around the upstart primary candidacy of a local travel agent with a colorful background. Yep, one Joseph Arpaio.

Joseph Arpaio promised that initial group of trial lawyers he would clean up the MCSO, release the damning internal report of the gross misconduct that had occurred in the Temple Murder Case under Tom Agnos, which lead to at least four false and heinously coerced confessions, and that he would refuse, under all circumstances, to serve more than one term in office. It was a promise made and, obviously, a promise long ago broken.

To be fair, Arpaio did release the internal report on the Temple Murder Case, which led to five plus million dollar settlement for some of the most wrongfully arrested souls in American history. But with that promise kept within a short time of taking office, Joe Arpaio breached the solid promise he made to the people who gave him the seed funding carrying him into office. And Arpaio has made a mockery of his word, as a man, ever since by repeatedly running for office and sinking Maricopa County into depths of depravity and fiscal distress beyond comprehension, from the vantage of the MCSO.

So, now you know just exactly how Joe Arpaio came into office on the wings of lies. He leaves today on the wings of a Constitutional fraud and spittle in the face of the Rule of Law.

As a parting shot, the picture at the head of this article is of Arpaio at a cocktail party getting a surprise visit from Michael Manning, the local civil rights attorney who has fleeced Maricopa County for over $50 million because of Joe Arpaio’s craven and illegal actions. Arpaio was not thrilled to get his photo taken.

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.

With Clowns To The Left, And Jokers On The Right, Trump Turns To Scaramucci

What is up today, you ask?

Well, not much…..oh, holy shit!

On Wednesday night, I received a phone call from Anthony Scaramucci, the new White House communications director. He wasn’t happy. Earlier in the night, I’d tweeted, citing a “senior White House official,” that Scaramucci was having dinner at the White House with President Trump, the First Lady, Sean Hannity, and the former Fox News executive Bill Shine. It was an interesting group, and raised some questions. Was Trump getting strategic advice from Hannity? Was he considering hiring Shine? But Scaramucci had his own question—for me.

“Who leaked that to you?” he asked. I said I couldn’t give him that information. He responded by threatening to fire the entire White House communications staff. “What I’m going to do is, I will eliminate everyone in the comms team and we’ll start over,” he said. I laughed, not sure if he really believed that such a threat would convince a journalist to reveal a source. He continued to press me and complain about the staff he’s inherited in his new job. “I ask these guys not to leak anything and they can’t help themselves,” he said. “You’re an American citizen, this is a major catastrophe for the American country. So I’m asking you as an American patriot to give me a sense of who leaked it.”

Ooof. That is pretty psychotic on the part of Scaramouche, glad he didn’t go too batshit…. Yikes, nevermind:

“Reince is a fucking paranoid schizophrenic, a paranoiac,” Scaramucci said. He channelled Priebus as he spoke: “ ‘Oh, Bill Shine is coming in. Let me leak the fucking thing and see if I can cock-block these people the way I cock-blocked Scaramucci for six months.’ ” (Priebus did not respond to a request for comment.)
Scaramucci was particularly incensed by a Politico report about his financial-disclosure form, which he viewed as an illegal act of retaliation by Priebus. The reporter said Thursday morning that the document was publicly available and she had obtained it from the Export-Import Bank. Scaramucci didn’t know this at the time, and he insisted to me that Priebus had leaked the document, and that the act was “a felony.”

“I’ve called the F.B.I. and the Department of Justice,” he told me.
“Are you serious?” I asked.

“The swamp will not defeat him,” he said, breaking into the third person. “They’re trying to resist me, but it’s not going to work. I’ve done nothing wrong on my financial disclosures, so they’re going to have to go fuck themselves.”

Just to be clear, this is the rootin tootin slick dick Harvard Law financial genius that Trump brought in to clean up his Presidency’s previous failures, and bring order and success to the West Wing.

A fine tuned machine!

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 Banality Of Evil Access Journalism

A tweet from a talented, but maybe Stockholmed, journalist favorite of Mr. Trump:

This reporter is old enough and smart enough to know and understand exactly what Rudy and Trump are, but still evinces this blithe acceptance bullshit?

Please stop, yer killing me. With every passing day, the initial criticisms as to the lameness of Haberman, Baker and Schmidt’s on and off duality of record “interview” of Trump look smarter. Greg Sargent was early with this:

President Trump’s extended, rambling new interview with the New York Times provides perhaps the clearest picture yet of his conviction that he is above the law — a conviction, crucially, that appears to be deeply felt on an instinctual level — and of his total lack of any clear conception of the basic obligations to the public he assumed upon taking office.

There are numerous worrisome moments in this interview, from his incoherence on the health-care debate (“preexisting conditions are a tough deal”) to his odd asides about history (Napoleon “didn’t go to Russia that night because he had extracurricular activities, and they froze to death”).

But, frankly, the entire tenor and credulity of the interviewers – and the interview – as a whole is simply beyond belief. NYU Journalism Professor Jay Rosen hit on the latter in a very cogent tweetstorm, as to the interview itself.

But I have to ask the same questions about the journalists conducting this interview. There were a lot of knee jerk defenses, mostly by other journalists, of the manner in which the interview was conducted sans followup questions and factual corrections of Trump’s blatant and rampant absurdity and lying, early on Twitter. The thin skinned “interviewers” of course blanched and professed how much they were just “doing their job”.

At what point does it become journalists’ “job” to stand up for truth, have the guts to speak it to power actually during their access, and not just in seeking it? But, hey, maybe these NYT journalists can deflect it all by comparing the current American crisis to the not even close to analogous bogosity from 20 years ago in the Clinton era. You know, the same misdirection horse manure their access point Donald Trump relentlessly tries to foster.

The United States is not dealing with the same paradigm of politics it was even as recently as seven months ago. Both the citizen public, and the press that supposedly serves them, need to understand the fundamental change and adapt. The presumption of normality still being afforded Trump and his Administration is a disservice to both the people and their democracy. It is, in this critical living breathing moment, the banality of evil.

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 Cillizza Bag

Is there a bigger douche in America, much less its media, than Chris?

Everybody hates Chris

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.

Yah, These ARE The Droids We Have Been Looking For And Fearing

I did not always write about it so much here, but I got fairly deep into “Deflategate” analysis and law when it was going on. Because it was fascinating. I met so many lawyers, professors and others, it was bonkers. Have remained friends with many, if not most, of all of them. One is Alexandra J. Roberts, which is kind of funny because she was not necessarily one of the major players. Yet, she is one of the enduring benefits I have come to love from the bigger picture.

Today, Ms Roberts advises of some R2D2 like cop robots. I “might” have engaged in some frivolity in response. But, really, it is a pretty notable moment.

Police droids on the ground? Police drones in the air? You think Kyllo will protect you from a Supreme Court with Neil Gorsuch on it? Hell, you think Merrick Garland would not have done what he has done all of his life and sign off on ever greater law enforcement collection and oppression? Not a chance in hell. Neither Gorsuch, nor Garland, would ever have penned what Scalia did in Kyllo:

It would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology. For example, as the cases discussed above make clear, the technology enabling human flight has exposed to public view (and hence, we have said, to official observation) uncovered portions of the house and its curtilage that once were private. See Ciraolo, supra, at 215. The question we confront today is what limits there are upon this power of technology to shrink the realm of guaranteed privacy.

So, with no further adieu, here, via the Bo Globe, is the deal:

There’s a new security officer in town. But this one runs on batteries, not Dunkin’ Donuts.

Next time you’re visiting the Prudential Center, don’t be alarmed if you bump into a large, rolling robot as it travels the corridors where shoppers pop in and out of stores.

No, it’s not an oversized Roomba on the loose. It’s the “Knightscope K5,” an egg-shaped autonomous machine equipped with real-time monitoring and detection technology that allows it to keep tabs on what’s happening nearby.

Marvelous! R2D2 is making us all safer!

Nope. Sorry. Safe streets, broken windows, and “cop on the beat” policing cannot be accomplished by a tin can.

Just Say No to this idiotic and lazy policing bullshit. The next thing you know, the tin can will be probable cause. And Neil Gorsuch will help further that craven “good faith” reliance opinion in a heartbeat.

Parting Shot: Holy hell, we have our first reference to hate crimes for anti-cop robot violence! See here.

Frankly, having been in the field for three decades, I think the thought that cops are proper “hate crime” victims is absurd. Honestly, all “hate crimes” laws are completely absurd as they create different and more, and less, valuable classes of human crime victims. This may sound lovely to you in the safety of your perch, where you want to lash out at the evil others.

But if the “all men are created equal” language in the Declaration of Independence is to be given the meaning that so many demagogues over American history assign to it, then the “hate crimes” segregation and preference of one set of human victims over others, is total unfathomable bullshit.

That is just as to humans. Let’s not even go to the “victim’s rights” of squeaky ass little R2D2 tin cans.

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.