“Legal Technicalities” (and much more)

Legal technicalities

I need periodic reminders that I’m a human, not a rational computing machine. My feelings about the Pennsylvania Supreme Court’s reversal of Bill Cosby’s rape conviction is the latest reminder.

Never has the unmasking of a sexual predator disconcerted me more than the unmasking of Bill Cosby. It seemed impossible that he could be a serial rapist. I could hardly bear his conviction even though the unmasking seemed complete and convincing (more from press coverage of the context than from trial testimony about the particular case).

Sarah Isgur of the Advisory Opinions podcast is vehement that his release from prison is not based on a “technicality,” because freedom from self-incrimination is fundamental, not technical. I still call it a “technicality” as a reminder to myself that the “evidence” against Cos (in a sense broader than what improperly was admitted in court) seems convincing — bitterly, disappointingly, convincing.

If you want to hear more about this twist in the Cosby case, check out Why Bill Cosby is a Free Man – by David French and Sarah Isgur – Advisory Opinions‌. Spoiler Alert: The prosecutor of Cosby dunnit.

CRT redux

I mentioned recently an exchange with an old friend on Critical Race Theory. I wouldn’t change a word of that.

But my friend sent me a link (he reads this blog) and an implied invitation to further discussion.

So I set about collecting some articles on CRT and I now expand my comments.

My suspicion that there’s no agreed definition of Critical Race theory was confirmed. I think the author of the article he sent me implied a straw man definition of CRT. My knowledge that some on The Right are creating and exploiting confusion in waging culture war was confirmed.

The confusion makes it hard to say “what I think about CRT” in much the same way I hesitate to say I’m “conservative” these days: “conservative” by whose definition? “CRT” by whose definition?

But I’ll cobble together a “steel man” definition from two sources: Alan Jacobs of Baylor (and formerly of Wheaton) and an anonymous lefty reader of Rod Dreher’s blog:

Critical theory (of which CRT is a subset) is a discipline based on the conviction that the ways we think about our humanistic subjects are not self-evidently correct and require investigation, reflection, and in some cases correction. Critical Race Theory is a tendency to make race the central device in such investigation, reflection, and correction.

I have no problem with “Critical theory” as I’ve defined it. Far from it. Quite a bit of what I write here tacitly adopts it, albeit in a relatively undisciplined way.

But it is dangerous to pursue Critical Race Theory if that means that race is the sole, or even the primary, device for analysis. It’s dangerous because it’s imbalanced, but I also oppose it because I still aspire to “color-blind, melting pot” America, and racializing everything impedes that. Anyone using CRT should be prepared to code-switch before they get way out on a limb of implausibly racial explanations of injustices or social anomalies that have plausible non-racial explanations.

Convergences

I’ve Heard people talking about “convergences“ quite a bit lately, and I have to say I am experiencing a lot of convergence myself. Unfortunately, it doesn’t make for a very spritely blogging, because the convergence I’m getting points toward the important things in life being right hemisphere, and sometimes ineffable without a kind of violence.

I’ve been reading ‌The Master and His Emissary: The Divided Brain and the Making of the Western World and the last line of this stanza keeps coming back to me:

Sweet is the lore which Nature brings;
Our meddling intellect
Mis-shapes the beauteous forms of things:—
We murder to dissect.

(From Wordsworth, The Tables Turned.) “Murdering to dissect” is the gist of what the left hemisphere sometimes does to comprehend the right hemiphere’s more holistic apprehensions.

BLM

Freddie de Boer caught fire. I quote extensively to give the context of his concluding indictments:

[W]hen people are asked to contribute to a cause a natural and indeed necessary instinct is to ask about the honesty of the do-gooder in question and the efficacy of their program. Otherwise there’s no point, there’s no progress. Why would we bother to empower people to fix things if we hadn’t asked whether they were honest and effective?

Those absolutely basic requirements of positive change have been completely evacuated from the public discussion of social justice politics, due to the fact that most people are afraid of the consequences of engaging in adult discrimination about these politics and also because they don’t really respect the people who espouse them … [N]one of us have (sic) any … reason to trust the people panhandling for money, clout, and fame through the auspices of social justice … We are all being told, by progressive consensus, that we have to mindlessly donate, ask no questions, never wonder about motives, and never, ever consider the efficacy of their efforts. We either blindly fall in line when they say to give them whatever they want, including the adoption of extremely contentious policies in a polarized democratic country, or we’re on the other side, the bad side, and we have to live with the black mark of being “part of the problem.”

Nowhere is this dynamic more obvious than concerning BlackLivesMatter.

There is no mainstream media criticism of BlackLivesMatter. There isn’t. There’s explicitly conservative criticism and “Intellectual Dark Web” stuff …

When a politician comes out with a tax plan, journalists and analysts look at it and say, “does this tax plan add up? Does it have the markings of an effective tax plan?” They’ll poke holes in it – yes, if it’s from the other party, but also if it’s from their own. Because they know we need tested and robust tax plans. But when Ibram Kendi says, “all of my vague recriminations and radical-sounding racialist woowoo is the solution to racism,” every journalist and analyst you know scratches their beard and says, “ah yes, indeed,” and they don’t even say that very loudly. But where’s the proof that any of Kendi’s rhetoric actually leads to any action at all? That such action does/could prompt positive change? Who is checking his work? What has Ibram Kendi’s ideology accomplished, beyond enriching Ibram Kendi? Can we point to, like, a graph that shows the outcome of his good works? It certainly seems that we can’t. Since this is the case, why does 95% of the journalism that references Kendi make literally no mention of the basic concept of efficacy?

Media and academia are controlled by white liberals and white liberals live their lives in absolute petrifying fear of being called racist. Or transphobic or ableist … But … talking about honesty and efficacy is how you make sure progress is happening. If you actually care about any political movement, you dedicate yourself to the task of critical engagement. The way adults do for other adults … That’s what love requires. What respect requires. The policy on lefty Twitter is that you never ask hard questions about #BlackLivesMatter, ever, and most people in establishment media write for the approval of lefty Twitter above and beyond any other motivation. $10.6 billion dollars1 were sucked up into a vague and amorphous social movement that has no defined boundaries or parent organization, and yet many of the biggest players in the media haven’t once asked where it went!

The most obvious fact about this horseshit “great awokening” we’re going through than that it’s all powered by condescension … You know why the immense numbers of white liberal journalists on Twitter who cheered on the movement last year and put “BLM” in their Tinder profiles never ask hard questions about the movement and whether it was using its political capital and economic resources wisely? Because they think Black people are the [expletive deleted] junior varsity of politics. Their unwavering “support” for BLM functions, in practice, as an exercise in patronizing head patting, an expression of contempt dolled up as political solidarity. Supporters ask questions and make criticisms. And it is the media’s job to investigate all notable political movements, even if its members are fundamentally supporters of those movements. That responsibility has been almost totally abdicated in regards to BLM.

Where did that $10.6 billion go? If the mainstream media has any credibility at all – and if anyone involved has any respect for the goals of BlackLivesMatter, rather than fear of appearing to oppose them – they’d perform a major, critical, skeptical, hard-nosed investigation. The public interest demands it … [C]heck this fact: BlackLivesMatter has existed for seven years and it’s resulted in more new houses for Patrisse Cullors than pieces of national legislation. Media, do your [expletive deleted] job. Prove me wrong.

Something tells me they won’t!

Accountability is a Prerequisite of Respect (likely paywall)

If you admire his courage, consider subscribing. He “nails it” like this quite regularly, and is followed by smart prominent thinkers left, right and center. “Their unwavering “support” for BLM functions, in practice, as an exercise in patronizing head patting, an expression of contempt dolled up as political solidarity.” That alone is worth an annual subscription!

Performance-enhancing drugs

U.S. sprinter Sha’Carri Richardson has been suspended for one month after testing positive for marijuana, the U.S. Anti-Doping Agency announced Friday morning.

(USA Today network)

Some social media acquaintances, quoting Robin Williams, helped me pin down what’s annoying about this: marijuana is a performance-enhancing drug only if there’s a Hershey bar waiting at the finish line.

Masculinizing

Aaron Renn, a veteran researcher and writer, began relatively recently, to publish a newsletter (The Masculinist) and then added a podcast by the same name. (See here.)

I moderately enjoyed the newsletter and greatly enjoyed the podcast — until the past two weeks, when Renn seems to have lost some coherence and has resorted to insider chit-chat about North American Evangelicalism (like most Evangelical commentators, he reflexively equates that to “the Church”). I stand so far outside Evangelicalism these days that I barely recognize the players’ names, let alone Renn’s allusions to what they’ve been up to lately.

He may become one of the few paid subscriptions I drop.

Getting Trumpy

From here to the end, it’s witty and insightful, but all Trump-related, should you wish to abstain.

Trump’s legacy

It went on like that for the whole interview. Romney knew the infrastructure bill in detail. He praised President Joe Biden and Secretary of State Antony Blinken. He differed with Democrats about social spending and taxes. He stated unequivocally that the election was free and fair. In short, he was completely out of step with modern “conservatism” and the Republican party.

Some said that the permanent change Trump would effect in the Republican party would be a heightened attention to the needs of the working class. That may or may not materialize. Some Republicans are making noises about being a “worker’s party,” but there doesn’t appear to be anything concrete there yet.

No, the biggest post-Trump change is the eager embrace of indecency …

Do you remember—eons or five years ago—when it was considered beneath contempt to attack a politician’s family? Bring the heat for the man in the arena, but by all that is holy, leave his wife and kids out of it? It seems antique now. When one of the Biden family dogs passed away a couple of weeks ago, a National Review writer tweeted, “Champ Dies. Major lives on. The Biden family tragedy in miniature.”

Mocking a family when they’ve lost a beloved pet, which was the way some on Twitter interpreted this, would have been tasteless and cruel. But this was much more sinister. The implication was that Biden’s “good son,” Beau, had died while his brother Hunter lived on. Who does that? And especially those who call themselves conservative and constantly rant about threats to civilization. How can they not see that undermining basic civility and decency is itself an attack on civilization?

Well, at least we have Romney, and a few more, to remind Republicans of what they once were and could be again.

Mona Charen, Decency, R.I.P.

The indictment

Everybody seems to agree that prosecuting his CFO is prosecutors’ way of trying to flip him and get to Trump. But what do they think Trump did?

A grand-jury indictment of Donald Trump’s business and its chief financial officer, Allen Weisselberg, unsealed this afternoon in New York, alleges tax evasion arising from an attempt to pay Weisselberg and other Trump Organization executives extra money “off the books.” Prosecutors charge that Weisselberg and others received rent payments and other benefits without paying the appropriate taxes on them. Weisselberg and the Trump Organization have said they will plead not guilty.

So far, the danger is to Trump’s friends and his business, not the former president himself. But the danger could spiral, because Trump knew only so many tricks. If Trump’s company was bypassing relatively moderate amounts of tax on the income flows to Trump’s friends, what was it doing with the much larger income flows to Trump and his own family? Even without personal testimony, finances leave a trail. There is always a debit and a credit, and a check issued to the IRS or not.

David Frum

The Big Steal in a nutcase – ummm, nutshell

In our country today, a considerable minority of our fellow citizens believe that the 2020 election was stolen in plain sight by left-wing mathematicians in Venezuela who devised algorithms to rig voting machines to overturn a landslide Republican victory and elect a senile Democrat and his communistic base to run the government who want to confiscate your guns and make everyone ride bicycles and live on tofu and kale and who invented a fake Chinese influenza so they could force immunization with a vaccine that makes people passive and accepting of state control, which allows vampires to move freely and drink the blood of small children, but in August, when the rightful president is reinstated and our borders are secure, we can breathe freely again and make America great.

I take no position on that. Strange things happen every day. I am only an observer; I don’t make the rules. As I have said on so many occasions, “You kids work it out among yourselves.”

The truth of the Fourth: a minority report | Garrison Keillor

January 6 distilled

I’m not sure I’ve heard a better summary of the events of January 6 than a text early that afternoon from my younger brother – the text that first alerted me that something big had happened: “It’s official. Trump has turned us into 3rd World shithole.”


You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.