Uncommon Sense

April 22, 2024

The Opening Statement of the Defense in Trump’s Criminal Trial Proceedings

In his opening statement in the criminal trial of Donald J. Trump in New York State Court, Mr. Trump’s attourney gently waved his fingers and told the jury “These are not the droids you are looking for . . . move along.” This is a rarely used New York legal technique called the Jedi Mind Trick which is only used when no legal or evidential defense seems possible.

The session concluded before any evidence of the JMT working on the jurors could be detected.

March 26, 2024

Life is Sacred and Other Bushwa of Anti-Abortionists

Once again, the Supreme Court is debating an abortion topic brought by a party who has no legal standing (which should have gotten the thing dismissed out of hand) and which case uses obsolete laws and strange logic. Since the SCOTUS is corrupt as Hell, I an not surprised they took the case, nor am I hopeful they will be at all in line with what Americans think about the topic.

Anti-abortionists arguments are generally religion-based, but nonetheless incoherent. The main claim is that life is sacred. Getting life to be defined as beginning at conception is part of their strategy, so the sacredness covers all of the bases they want covered. This ignores the fact that the Holy Bible does not state this and the people who wrote both the Old Testament and the New Testament, the Jews, have a definition of when life begins of the first breath of a born baby (reflecting their god’s use of the Breath of Life). No extrauterine fetus children at all exist in their worldview.

Someone went through the laborious process of counting up all of the people executed by the Bible’s god, either directly or by order to his hit squads in the Hebrews/Israelites. (A job the Israelis aren’t done with as they are racking up new totals of the dead as I write this.) But making reasonable assumptions regarding the populations of “cities” obliterated by Yahweh’s orders, a total of just over 2,000,000 deaths was arrived at. Considering estimates of the population of the earth at around 8000 BCE at 5 million, and that most of that number involved people far away in China and whatnot, Yahweh issued enough “hits” to wipe out the entire population of the Middle East.

And that total of 2 million plus does not include the Great Flood, in which Yahweh killed all but eight human beings, plus all of the plants and animals, so killing all in the Middle East is a drop in the bucket compared to that event.

Granted all of these killings are fictional, which raises another issue. How does one make an argument that “life is sacred” when the proponents of this god wrote fictional accounts of said god ordering the execution of close to 100% of the world’s human beings? Apparently they thought doing so reflected well on their god? WTF? “My god  is a vengeful, murderous god; how about yours?”

The Supreme Court Justices make up stuff out of whole cloth when it suits their personal beliefs. Then they posture they are using historical and “original intent” reasons for their judgments. This is not new, people, they have been doing this since the inception of the court. Consider the Court’s decision in “Heller” which gave the right to bear arms to individuals. Allow me to quote from Thom Hartman’s “The Hidden History of Guns and the Second Amendment” (pp. 101-103):

“Scalia also argued, in the absence of any evidence whatsoever from the time of the amendment’s ratification, that the Second Amendment was passed to allow individuals to own guns for self-defense (which was the essence of the Heller case, as Washington, DC, had forbidden people from owning guns even for that reason), rather than a purely military/militia context.

Stevens et al., in their dissent (which, but for one Republican-appointed justice, would have been the majority decision), argued back,

The stand-alone phrase “bear arms” most naturally conveys a military meaning unless the addition of a qualifying phrase signals that a different meaning is intended. When, as in this case, there is no such qualifier, the most natural meaning is the military one; and, in the absence of any qualifier, it is all the more appropriate to look to the preamble to confirm the natural meaning of the text.

The Court’s [Scalia’s] objection is particularly puzzling in light of its own contention that the addition of the modifier “against” changes the meaning of “bear arms.”

They added, quoting a previous Supreme Court decision on the topic,

The phrase “bear Arms” also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: to serve as a soldier, do military service, fight or to wage war. But it unequivocally bore that idiomatic meaning only when followed by the preposition “against.”. . .

When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia. So far as appears, no more than that was contemplated by its drafters or is encompassed within its terms. . . .

Indeed, not a word in the constitutional text even arguably supports the Court’s overwrought and novel description of the Second Amendment as “elevat[ing] above all other interests” “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.”

Even a previous Supreme Court chief justice, Nixon appointee Warren Berger, called the idea that the Second Amendment conferred an “individual right” to gun ownership a lie. Explicitly, he said the idea being promoted back when he was on the Court was “a fraud on the American public.”

In other words, Supreme Court Justices make up arguments out of whole cloth, so the merits of the cases are irrelevant, only the votes count for anything, especially in the case of the current court which has given up on following even their own precedents.

Look for the extension of their dirty business in this latest case brought by anti-abortionists (of no standing, with no real arguments, etc.).

Postscript Ironically if one accepts the Young Earth Creationist’s date for the creation of the Earth, then Yahweh ordered the killing or killed many, many, many times the population of the entire planet. According to estimates the population of the Earth near 4000 BCE was about 30 million people. According to the Bible, it was zero. Therefore, according to the Bible, their weren’t enough people alive for Yahweh to kill. Life is sacred, my ass.

And the Truth Shall Set You Free

The most recent Pew Research Center’s survey on the influence of religion on American public life found an interesting factoid:

“. . . only 31% of White evangelicals agreed that the federal government should stop enforcing separation of church and state. That’s higher than other demographics, but it’s still not a majority. A slightly higher number (35%) wanted to maintain the church-state boundary. Before secular government enthusiasts get too excited by this number I would point out that, for a fair number of evangelicals, the worry is that the state will interfere with the church, not the other way around.” (My emphasis, not theirs.)

This is or should be the Achilles’ heel of the Christian nationalism movement. Many folks are unaware that back when the Constitution was being debated before its ratification, most evangelicals supported the separation of church and state. Evangelicals were, at the time, a small minority in this country and they envisioned, rightly, that if the larger, better organized churches were to get adopted by the government of the states, they would be unable to compete because of the funding disparity. The big churches would be on the dole, that they would be passing a plate. (This was actually the case as several states had already adopted official churches.)

Ask any Bible Belt Christian whether they would want the State of California telling their religion what they can and cannot do. Their hair would burst into flames, I am sure. And what if a fair number of Muslims were to move into a state with a very low population (yes, I am talking about you, Wyoming) and because of division between the various Christian sects, got Islam to be the Official Religion of the State? That might be a minor concern, but a major one, for evangelicals, surely would be that Catholics are the most populous sect of Christianity and would therefore be most likely to be the “Official Religion” of many of the states. (If evangelicals think they could avoid this by making the determination of the “Official Religion” a national case, then Catholicism would become the “Official Religion” of all of the states. How would they like it if their tax monies were going to fill the coffers of the Catholic church in their state. (Go ahead, ask any evangelical in your ken, I’ll wait.)

I believe the operative maxim is “be very, very careful what you ask for, you might just get it.”

Of course, the Pew Survey doesn’t exactly hone in on the truth. According to that most recent survey, nearly three-quarters of White evangelicals think it’s important to have a presidential candidate with strong religious beliefs—indeed, a similar proportion want a candidate who shares their beliefs. Yet just 6% of those same voters think Donald Trump is very religious. Nearly half say he’s not religious at all. Now, the evangelicals cover this embarrassment up by claiming that Biden isn’t at all religious, but then Biden, who is a devout Catholic who goes to church every week, suffers from the evangelical belief that Catholics aren’t True Christians™.

It is ironic that evangelicals claim that the Anti-Christ is coming and once he makes his presence known, they vote for him . . . because he supports their beliefs. Now, that really says something about their beliefs.

March 23, 2024

Religious Exceptionalism

Remember when Ayatollah Khomeini, Iran’s Supreme leader, issued a fatwa (a legal ruling in Islamic law) saying Salman Rushdie’s book The Satanic Verses was blasphemous and calling on “all brave Muslims” to kill Rushdie and his publishers. A bounty of over $3 million was offered for anyone who killed Rushdie.

Such events are not limited to Islamic states. In the U.S. the two leading bookstore chains stopped selling The Satanic Verses after it was condemned by the Ayatollah as blasphemous, and its author condemned to death in absentia. The chains restored the book only after mass protests from writers’ organizations. During the furor over the book, the New York Times printed a letter from the president of the Pakistan League of America, who argued that he had a constitutional right to murder Rushdie: “The United States Constitution grants freedom to all religions,” he writes. “If my religion calls for the death penalty for blasphemy, wouldn’t I be renouncing my religion to deny it?”

It isn’t up to me to point this out, but the President of Pakistan League had his head up his ass.

The religions in this country have many, many exceptions to our secular laws, but their “exceptionalism” is not absolute. For example, if your religion practices human sacrifice, expect to be in big trouble, to be followed shortly by prison. Want to deny worker’s rights based upon religious exceptionalism, well, sometimes you will get away with, other times not so much.

For example, in 2022, the U.S. Supreme Court ruled that Maine must pay the tuition of children at religious schools if it pays any private school tuition. Maine has a historic system of paying for students to go to private high schools if their own district does not have a public high school.

The state of Maine insisted that it would not pay tuition to schools that violate the state’s anti-discrimination laws. The two Christian schools that won the first case did not accept LGBT students or students who practice a religion different from that of the church.

The state refused to pay Bangor Christian Academy for violating its human rights law. BCA sued. The court barred then from receiving public funds.

Ta da.

I think religious exceptionalism is a cancer on a secular society. Excepting laws requiring that parents provide medical care for their children, instead substituting prayer circles is not good for any one. A group of spinster nuns complained about having a file an exception to Obamacare laws regarding contraception is just plain ludicrous. Respecting “religious sensibilities” may be a part of good manners, but it is not a part of good laws.

March 13, 2024

What The Fuck?

Special Prosecutor Robert Hur, who investigated Joe Biden’s secure documents foibles following his Vice-presidency, testified in Congress recently.

My task was to determine whether the president retained or disclosed national defense information ‘willfully’. That means knowingly and with the intent to do something the law forbids.”

While stating that Biden had “willfully retained and disclosed classified materials after his vice-presidency when he was a private citizen,” Hur assessed that a jury would probably view him as “a sympathetic, well-meaning, elderly man with a poor memory” and thus would be unable to establish his guilt beyond a reasonable doubt. (Source: The Guardian)

So, special prosecutors don’t just address the facts and the law and make a determination, they do so based upon whether or not they think they can “win” the case? WTF?

Basically, this idiot says two things: Biden broke the law and I don’t think we would win the case, so he is “off the hook.” And I thought the decision as to whether to prosecute was in the hands of Hur’s boss, the Attorney-General. Silly me.

Hur complicated his “case” by saying “I’m not here to speak about what may or may not happen in the future.” How that is consistent with “Hur assessed that a jury would probably view him as “a sympathetic, well-meaning, elderly man with a poor memory” and thus would be unable to establish his guilt beyond a reasonable doubt” is also beyond me.

This guy was clearly not up to the job, unless the job was different from the one he was charged to do.

March 9, 2024

Why SCOTUS Keeping Trump on All Ballots is Wrong

What would have happened has the ruled the other way, that Colorado and by extension all of the other states had the right to impose Constitutional restrictions upon candidates?

If enough states took the opportunity it might mean Trump would lose.

The Congress could rush through steps necessary for states to execute that aspect of the Constitution as it applied to insurrectionists and rebels. This might impose some order.

Possibly only states that Trump would have lost in the election might ban him and the effect would be nil.

The consequences of allowing him to stay on all ballots has consequences. First of all it establishes a precedent of the Constitutional rules being waived for certain individuals. Not only does the law not apply to Donald J. Trump, but neither does the Constitution. This would embolden future tyrants greatly.

Arguments against allowing the bans were particularly specious. They required ignoring history, ignoring precedents, and ignoring logic. One person claimed that if Colorado were allowed to ban Trump, chaos would ensue. Since Mr. Trump is the embodiment of chaos, I am not surprised, but so what? Is the law the law or do we weasel around it when it is inconvenient or messy? It is almost as if Mr. Trump calling all of those people to Washington, D.C. riling them up, telling then to “Fight like Hell!” and sending them to the Capitol has no repercussions.

The same people who were screaming “We can’t let the states decide!” were the same ones who were screaming “We must let the states decide!” on other issues, like Medicaid coverage and the legality of abortion.

I have already pointed out the brief filed by a group of Civil War historians who basically showed that the Article in question was self-executing, even admitted to be so by people it was being executed against. But the SCOTUS that appeals to history so often ignored it this time. Similarly it ignored its own precedents, somethings near and dear to previous courts.

This court is not a “conservative” court as they leave precedents and history shredded behind them. They are clearly a radical court, a rogue court and we should just stop paying attention to them. Let’s see how good they are at enforcing their own rulings.

March 6, 2024

A Deep-Seated Human Need for . . .

It seems we all have a deep-seated human need for . . . leadership (or what’s a messiah for?).

It seems each of us has examined ourselves and determined that me, myself, and I are a follower. And if I only had a leader, think of the great things that could be achieved.

But this urge/whatever can mislead us and mislead us badly. Ask yourself this question: what is the purpose of the U.S. Constitution? In my mind its clear purpose is to limit leaders. Just as the Magna Carta was designed to limit kings, our document is designed to limit leaders of all stripes up and down the government. Exceed your given powers and expect a lawsuit.

I remember way back when I was involved in the process of hiring a new president of the community college I was working for. My role was as President of the Faculty Senate, so I asked that Senate to compile a list of things that we wanted to achieve for this new president. Try as I might, I failed as a leader. The sentiment amongst my colleagues was to wait until she was hired and see where she wanted to lead us. I argued that this was anti-democratic (although I didn’t use that term), that a new constitution doesn’t come with a new leader. My colleagues were as well educated as I, or even better, but they wanted to be lead and they didn’t seem to care where they were being lead to.

Currently Donald Trump is the only politician portraying himself as a “leader,” the German word for such being “Führer.” Remember the past in which each of the two main parties had a “platform” which was a statement of where their leadership would lead to. How quaint. Today, nothing Mafia Don intends to do is put into any official party platform. He needs plausible deniability, you know . . . check that, he doesn’t. He would just declare anything he didn’t like about that platform to be fake news, no matter what was printed or recorded on video tape. Donald J. Trump will lead us to a new reality!

In a recent blog post umair haque defined leadership this way: “Leadership is fundamentally an act of moral agency. It means not just having a moral compass, but orienting the moral compass.” Would that that were true. “Wishful thinking that is” . . . shut up, Yoda.

The leadership we crave, apparently, is exercised by one in whom we can believe blindly, without having to think about what is happening. Our religions in this country have prepped us for this behavior. “You only need faith, and you will be saved.” We don’t ask “What kind of god would demand or even need the faith of beings like us?”

February 29, 2024

Why Would SCOTUS Take Up Trump’s Phony Immunity Claim?

It is virtually impossible to winkle out the Justice’s motives, but since they have decided to be the most political court in U.S. history, and in politics appearances are more important than reality and politicians are judged on appearances, not facts.

And they have plausible deniability. After giving The Orange Terror the delay he so dearly wants, they can rule against his ridiculous absolute immunity claim and say that it was important for the SCOTUS to rule on such an important claim.

There is only one principle operative in the Republican Party, or rather the Party of Trump, the Republican Party no longer exists, and that is Loyalty to the Trump. That is one way loyalty, to Donald Trump, you should expect none coming back the other way.

So, all of the Justices who are beholden to The Donald can express their loyalty, with the delay, but also uphold some semblance of the Rule of Law.

There are no fine points to “settle” here. These justices are not the best legal minds in the country. Those minds have already spoken. Trump’s immunity claim should be thrown out of the courts it got in, refused to be considered by courts which can do that, and Trump’s lawyers admonished, if not sanctioned, for wasting the courts’ time and abusing their patience with clearly ridiculous claims.

But all that Mafia Don wants is a delay, not approval. His plan is to delay, delay, and delay, until he is elected and he can then have his minions pull those cases against him back.

And, of course, one thing he has in abundance is gall. He will claim that the delays he is responsible for will have pushed his trials too close to the election and will declare them as election interference, so they should be delayed until he is out of office.

February 21, 2024

Alabama Supreme Court Justices Break All of their Banjo Strings Simultaneously

Just when I thought the SCOTUS was the greatest threat to democracy we faced in our court system, the Supreme Court of the State of Alabama stepped up by deciding that frozen embryos are “extrauterine children.”

According to their Chief Justice, Tom Parker:
The Alabama constitution’s ‘sanctity of unborn life’ provision, he wrote, ‘encompasses the following: (1) God made every person in His image; (2) each person therefore has a value that far exceeds the ability of human beings to calculate; and (3) human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.’”

Apparently the Alabama Supreme Court has not heard of the separation of church and state. And I am surprised that they weren’t singing Monty Python’s song “Every Sperm is Sacred” while issuing their ruling.

This immediately put the brakes on all of the In Vitro Fertilization therapies currently under way. If you are unfamiliar with IVF it is a process where infertile couples can have fertilized embryos implanted in the woman’s uterus. The embryos are frozen awaiting this process and are willingly donated by fertile women.

So, here’s the bind the fertility clinics are in. They cannot go ahead with the IVF treatments because the “success rate is low, that is many embryos do not implant in the uterine wall and are flushed out during a waste cycle. This would be considered a wrongful death under the law and the desperate parents and doctors could all go to jail. So, all of these clinics are to put their frozen embryos on ice, as it were.

But, here is the problem. Those embryos under Alabama law cannot be implanted, so they have to stay frozen . . .in perpetuity. But what happens down there in hurricane country of the electric power is knocked out for a number of days. Without electricity, all of those embryos would thaw and “die.” Would that be considered a mass murder on the part of the clinic or an “act of God,” under their laws.

I know the solution. All of the Bible thumpers need to step up and adopt one of these “extrauterine children,” providing them with an uninterruptable supply of electricity and to take responsibility if they die. Then we will know they are truly “pro life.”

Remaining frozen forever, never to run and play in the park . . . so much for the sanctity of life.

These assholes, all over, not just in Alabama, are simply terrorists. They are suing women for having a miscarriage, calling it a wrongful death (as if the emotional impact of the miscarriage weren’t enough, drag that bitch and her doctor into court. They want to sue women for driving across state lines to get an abortion (and her driver, too). They want to sue women who get abortions and their doctors as murderers. Apparently they want to terrorize women into chattel slave status.

PS Note to Alabama SC Justices: all children are extrauterine (the definition of a child is someone who has been born), so you really are saying “frozen embryos are children.” And you need to get them banjos restrung.

PPS I will believe they are serious when they give tax deductions for unborn children.

PPPS You god musty be butt ugly if embryos are made in his image. Have you ever seen an embryo?

PPPPS You need some help with scripture if you believe that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.” Your god killed over two million people according to the Bible, and that is not counting the time he killed 99.9999% of all men, women, and children . . . and unborn children in the Great Flood.

February 19, 2024

Trump Attacks Court System

“Waaa, waaa, the courts are unfair,” exclaimed Big Baby Trump. “The court system is a threat to democracy!”

Anyone who knows Mr. Trump’s past would at this point start laughing, and the laughing would continue for quite a while.

You see, Mr. Trump weaponized the courts long ago. In his many business deals over the years, everyone who did business with him ended up in court. Contractors sued The Donald because he refused to pay his bills. And The Donald sued all of them because he is a bully and one way to bully people is to threaten to sue them or actually sue them, then watch them mentally toting up their legal costs and weighing them against the amounts Mr. Trump was extorting from them.

Donald Trump used the court system for years to bully those who were foolish enough to do business with him. (It is a noteworthy fact that most of the prominent lawyers in his circle will not represent him because he regularly failed to pay his legal bills or they had to sue him to get paid.)

Now that his crimes have caught up with him, he doesn’t have the position or ability to bully the courts and government prosecutors, although he never stops trying. All he can do is whine like a Big Baby, which I announce here as Mr. Trump’s new nickname.

Mr. Trump is stupid but also wily. For example, he knows that one of the things nobody can abide is a freeloader. So, at Putin’s request, he attacks NATO countries, calling them freeloaders and invites Russia to invade them. Since the countries immediately adjacent to Russia are our allies, inviting an enemy to invade an ally should automatically discredit any candidate for high office, but Mr. Trump has convinced people he is just kidding, all evidence to the contrary. As it turns out all of those countries adjacent to Russia are meeting all of their NATO requirements, so none of them is a freeloader, but no one will ask Mr. Trump to produce numbers, especially now that we know that he makes most of them up, like his real estate valuations.

And attacking the courts as being a “threat to democracy” is absolutely wild, but this is just an attempt to dilute the charge against him that he is a threat to democracy. His point? There are lots of threats to democracy, which are normal.

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