Saturday, 9/6/25

A question to keep you up tonight

The Uniform Code of Military Justice (UCMJ), particularly Article 92, mandates obedience to lawful orders but distinguishes that unlawful orders—those that require criminal acts or violate the Constitution, U.S. federal law, or international law—must not be followed. Military personnel are legally required to refuse unlawful orders, with the understanding that obeying illegal orders does not absolve one from responsibility under both U.S. military law and international law. This principle was firmly established by precedents such as the Nuremberg Trials, which rejected “just following orders” as a defense for war crimes. (Via Perplexity AI, but confirmed)

If you believe or suspect, as I do, that Donald Trump plans a series of provocations toward the end of declaring martial law and remaining in office, UCMJ Article 92 might come as at least a small comfort. “If they order troops to fire on peaceful civilian demonstrators, the troops should refuse, right?”

Well, “should” is doing a lot of work there. An incident last week gives great pause:

I ran across this dystopian sentence in the New York Times: “Pentagon officials were still working Wednesday on what legal authority they would tell the public was used to back up the extraordinary strike in international waters.”

The vice president was asked yesterday to specify the legal authority that entitled Trump to blow up a bunch of people in the Caribbean. The authority, he replied, is that there are “literal terrorists who are bringing deadly drugs into our country and the president of the United States ran on a promise of stopping this poison from coming into our country.”

He and I happened to attend the same law school, so from one alumnus to another: That’s not the correct answer, J.D. The president’s campaign pledges don’t magically acquire the force of law because a plurality of the electorate decided he’d be marginally preferable to his opponent.

[So w]here is that authorization? Since 2001, presidents from both parties have strained the logic of the post-9/11 AUMFs against al-Qaeda and Iraq by citing them to justify attacks on adjacent jihadist threats like ISIS. No one seriously believes they can be stretched so far as to encompass drug trafficking in the Caribbean, though. Absent any new approval from Congress, letting Trump mark people for death based on an assessment of “terrorism” by his own State Department amounts to granting him the power to kill anyone whom he deems a threat.

That’s how we ended up with Pentagon lawyers poring over law books on Wednesday, desperately trying to find some statute that might retroactively justify blowing up 11 Venezuelans.

The answer to the question posed to J.D. Vance is that there is no obvious legal authority for what the president did. There’s only what we might call post-legal authority, the idea that—as Trump himself once put it—“He who saves his Country does not violate any Law.” Which, I think, cuts to the heart of the difference between conservatives and postliberals.

To ask which legal authority gives Trump the power to kill Venezuelans on mere suspicion of drug trafficking is to engage in non sequitur. The president said he would save the country by preventing drugs from entering the U.S. and he’s going to do that. What does law have to do with anything?

On that note, here’s a question to keep you up tonight: If the Times is correct that the Pentagon couldn’t identify a legal justification for Trump’s order to kill a bunch of people, why did it obey his order?

To ask that question is to invite demagoguery about not taking crime seriously or knowing “what time it is,” blah blah, but I know exactly what time it is and it’s exactly the right question for the hour. Our new government fundamentally believes that law is an obstacle to American greatness—that law, normally just a nuisance, has itself become a major problem bedeviling the country—and it intends to solve this problem too. One way is to normalize shooting first and asking questions later. That’s the significance of what just happened to that Venezuelan ship.

Nick Cattogio (bold added)

Mind-boggling

I suspect you haven’t heard more about this because the ramifications boggle the mind:

3. China may have hacked data from every single American in one of the largest-ever cyberattacks, experts fear. Hackers backed by Beijing targeted more than 80 countries, stealing information on telecoms, transport and military infrastructure in a year-long campaign, investigators concluded in a report released last week. Since 2021, the group, known as Salt Typhoon, has accessed data that could enable the Chinese intelligence services to monitor global communication networks and track targets including politicians, spies and activists. Even the telephone conversations of Donald Trump and JD Vance were compromised, according to the FBI. Hackers sponsored by the Chinese government “are targeting networks globally, including, but not limited to, telecommunications, government, transportation, lodging, and military infrastructure networks”, the joint statement, from agencies including the National Security Agency, Cybersecurity and Infrastructure Security Agency (CISA) and FBI, said. (Source: telegraph.co.uk)

John Ellis News Items

Noted


[A] critical mass of the American people … no longer want[s] to govern themselves, … are sick of this republic and no longer want to keep it if it means sharing power with those they despise.

Nick Catoggio

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium.

Thursday potpourri, 9/4/25

Bon mots

  • In another article in The Journal, [Kyle] Smith panned “The Roses,” about a miserably married couple: “People are going to want to walk out of this movie even when it is shown on airplanes.” (Ray Psonak, Tokyo)
  • In his newsletter, Jim Acosta reacted to the labor secretary, Lori Chavez-DeRemer, fawning over the president during that three-hour cabinet lovefest: “Get a room. Just not the cabinet room, please.” (Linda Hoffman, Georgetown, S.C.)
  • In The Guardian, Arwa Mahdawi offered an explanation for what she sees as unusually conspicuous cosmetic surgery among the MAGA elite: “These are not human faces, they are luxury meat-masks meant to signal wealth and in-group belonging.” (Chris McDonald, Gainesville, Va.)
  • In Esquire, Dave Holmes contemplated the choice confronting young American scientists facing the Trump administration’s assault on research: “You could live in fear of being sent to the gulag for your frog embryos not having their citizenship papers in order, or you could go live in a place like Australia, where you’re valued and well compensated, where your lifesaving work is free of political manipulation and where Chris Hemsworth is a 6. Who wouldn’t take that deal?” (Dave Pramuk, Napa, Calif.)

Frank Bruni

Tyrannies

Among the most useful contrasts involves distinguishing the ancient form of tyranny from the modern variant.

The philosophers of classical Greece (Plato, Xenophon, Aristotle) treated tyranny as a regime devoted to enabling the tyrant to fulfill his lust for the greatest possible pleasures. …

Modern tyranny is very different. Unlike the ancient form, modern tyranny is usually ideological, motivated by ideas, and it involves administration on a vast, national scale, which means it requires a popular movement to gain power and a party to hold it. …

The thing that’s interesting about Trump is that he has far more in common with ancient tyrants than he does with modern ones. …

[Trump is] a man who personalizes everything. It’s always about Trump—his ego, his power, his image, his accomplishments, his strength, his wealth. This is why Cabinet meetings quickly become cringe-inducing displays of obsequiousness on the part of senior members of his own administration, who trip over themselves to bestow ridiculously over-the-top praise on Dear Leader. It’s also why Trump is using the formal and informal powers of his office to punish his domestic political enemies, regardless of whether doing so violates longstanding norms restricting presidential behavior.

The pleasures he wants now are mainly the nation’s undivided attention and ever-greater quantities of money. He gets the first by weighing in on every controversy in the country, from crime and immigration to Sydney Sweeney’s ad campaign for American Eagle, a proposed change to the Cracker Barrel logo, and who will be admitted to the Baseball Hall of Fame. He gets the second by shamelessly extorting money from other governments and wealthy companies, universities, law firms, and individuals from around the world.

Damon Linker

On that very last sentence, the extorted money is not really going into Trump’s pocket. It goes to the government, and typically is for specific purposes such as campus reforms or trade schools.

But it’s still extortionate.

Thinking outside the nativist box

On Saturday while grilling on his back porch, a friend of mine noted with disapproval how those of British nationality are now a minority in London (approximately 41 percent of Londoners were born outside of the UK according to the UK Office for National Statistics). He believes that native-born British aren’t permitted to object and that their capital is demographically no longer theirs.

This friend shares many of my core Christian convictions and was educated at a service academy and an Ivy League graduate school. He is intellectually curious and attends a large suburban megachurch. He also regularly engages with the podcast offerings of the New Right that have displaced legacy media. While he isn’t an Anglican, I’ve encountered similar talking points in the online fringes of my own church tradition, including discussion of “Heritage Americans.”

I don’t share my friend’s distress (possibly because I’m from Colorado which has a low percentage of native-born residents, and live outside Washington, D.C. where seemingly nearly everyone is from elsewhere). It’s preferable, in my viewpoint, to live in a place where many want to move to rather than a place many are relocating from. The capital of any large empire inevitably attracts diaspora populations from its far-flung territories ….

Jeffrey Walton

Dirty Harry

When Oxford University decided to give an honorary degree to former President Harry Truman, Elizabeth Anscombe objected:

Some things you simply cannot do, no matter the consequences. And for Anscombe, “choosing to kill the innocent as a means to an end is always murder.”

Consequences in ethical analysis are never as important as actions and intentions, and they can never justify doing something that is inherently wrong; to argue otherwise inevitably leads to an ethic in which moral absolutes wither away. (Humans will always be able to convince themselves that their circumstances are that dire.) If the intent behind Hiroshima and Nagasaki was to use civilians as means to that end, then no appeals to potential consequences could justify that decision. To do so, for Anscombe, was to rationalize murder.

Luis Parrales, Elizabeth Anscombe and the Bomb

Lie taxonomy

The problem is that all too many Christians are in the grips of two sets of lies. We’ll call them the enabling lies and the activating lies. And unless you deal with the enabling lies, the activating lies will constantly pollute the body politic and continue to spawn violent unrest.

What’s the difference between the two kinds of lies? The enabling lie is the lie that makes you fertile ground for the activating lie that actually motivates a person to charge a thin blue line at the Capitol or take a rifle to a pizza parlor.

Here’s an enabling lie: America will end if Trump loses. That was the essence of the Flight 93 essay in 2016. That was the core of Eric Metaxas’s argument in our debates this spring and fall.

Here’s another enabling lie: The fate of the church is at stake if Joe Biden wins.

And here’s yet another: The left hates you (this sentence sometimes concludes with the phrase “and wants you dead.”)

David French, Only the Church Can Truly Defeat a Christian Insurrection

Performative piety (on the campaign trail)

On Monday, Texas Attorney General Ken Paxton issued a press release recommending that schools adopt a policy that calls for recitation of the Lord’s Prayer. The press release said in part:

“In Texas classrooms, we want the Word of God opened, the Ten Commandments displayed, and prayers lifted up,” said Attorney General Paxton. “Twisted, radical liberals want to erase Truth, dismantle the solid foundation that America’s success and strength were built upon, and erode the moral fabric of our society. Our nation was founded on the rock of Biblical Truth, and I will not stand by while the far-left attempts to push our country into the sinking sand.”…

… [Senate Bill 11] directs the Office of the Attorney General to defend any school district or charter school that adopts such a policy. In addition, the Attorney General is empowered to recommend best practices for implementation.

For Texas students considering how to best utilize this time, Attorney General Paxton encourages children to begin with the Lord’s Prayer, as taught by Jesus Christ.

The press release then sets out the text of the Lord’s Prayer as it appears in the King James Version of Matthew 6:9-13.

(Religion Clause blog)

Paxton is deeply corrupt and fighting for his political life through a divorce and a primary candidacy for the U.S. Senate.

The Ten Commandments don’t need friends like him, but he may need to bandy them about to burnish his image with low-information voters fond of performative piety.

Corrupt Todd Rokita take note.


[A] critical mass of the American people … no longer want[s] to govern themselves, … are sick of this republic and no longer want to keep it if it means sharing power with those they despise.

Nick Catoggio

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium.

New World Order

[H]ere’s the real takeaway: Tianjin is not just hosting another international gathering; it is hosting the embryonic headquarters of a new world order. When half of humanity convenes to discuss not how to obey the old hegemon, but how to craft sovereign industrial futures, the game has already shifted. The West, stuck in yesterday’s script of divide and rule, cannot grasp that the 21st century is already unfolding elsewhere – in Russian engines powering Chinese jets, in oil tankers sailing east, in Modi and Putin shaking hands against the backdrop of an Asia that is no longer waiting for permission. The SCO in Tianjin is Eurasia writing history, while the West scribbles in the margins of its own decline.

My cyberfriend Terry Cowan, commenting on Shangai Cooperation Organization (the SCO) meeting in Tianjin, China — without us. Here’s how a few of our mainstream media covered it (not that Terry thinks they’ve got much true to say):

Then, a day later, Trump exerted his charm:

Twenty-six heads of state joined Xi Jinping to watch a military parade in Beijing. They included many autocrats, including from Russia and North Korea, but no leaders of big Western democracies. Beforehand Mr Xi said mankind faced a choice between peace and war, and called China “unstoppable”. Donald Trump told China’s leader to “give my warmest regards to Vladimir Putin, and Kim Jong Un, as you conspire against The United States”.

The Economist World in Brief, Wednesday 9/3. Fuller Economist coverage here.

John Ellis channels the Financial Times:

Xi Jinping has capped a week of frenetic diplomacy by presiding over one of China’s biggest military parades, projecting his nation’s growing power in a show of solidarity with fellow strongmen Vladimir Putin and Kim Jong Un. A procession of China’s newest tanks, drones and missiles rolled past Tiananmen Square on Wednesday to mark the 80th anniversary of the second world war victory over Japan. The People’s Liberation Army showed off its latest weapons, including hypersonic missiles, with Xi hailing troops as a “heroic force” that should develop into a “world-class military” — implying a full equal to the US’s armed forces. The Chinese president said the PLA would “resolutely safeguard national sovereignty, unity and territorial integrity” — code for Beijing’s goal of gaining control over Taiwan. “The great rejuvenation of the Chinese nation is unstoppable,” Xi added. (Source: ft.com)

I’m not going to blame Donald Trump for all this. I have little doubt that his various tarrifs, trash-talking, vacillation and so forth accelerated it, but the American empire didn’t much rally under Joe Biden, either. We’re at an inflection point, and I expect us to be much closer to “bit player” than to “hegemon” when it’s over.


[A] critical mass of the American people … no longer want[s] to govern themselves, … are sick of this republic and no longer want to keep it if it means sharing power with those they despise.

Nick Catoggio

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium.

Labor Day 2025

HHS

America at last has its own Trofim Lysenko, a crank whose screwy ideas about science gained influence over policy not because of their methodological rigor but because their contrarianism reflected the prejudices of a feral populist revolutionary movement. … You tell me: Is a country that’s transitioning from relying on vaccines to prevent disease—including brain cancer, perhaps—to relying on Ivermectin and beef tallow more or less of a sh-thole than it used to be?

The only good news is that Robert F. Kennedy Jr. is unlikely to rack up a body count as large as his Soviet predecessor. But he’s sure gonna try.

[A] first-world public health agency, the most well-known of its kind on Earth, is about to become a third-world soapbox for voodoo and superstition.

The best-case scenario for public health until 2029 is that no one except the populists pays the slightest bit of attention to the federal government’s medical recommendations. Mass resignations would encourage that.

But if that’s not enough, I think resigning is also compelled by basic dignity. Refusing to participate in a corrupt enterprise is a mark of good character and an act of moral hygiene. What Trump and Kennedy are doing is indecent, and decent people being involved in it both obscures that fact and subjects those people to temptations to behave indecently themselves.

Nick Catoggio, Our Own Lysenko

TGIF

Here’s a pet theory of mine: The Democrats’ struggle to cobble together a winning message is at least partly a result of Democratic strategists and spokespeople sucking at their jobs. They expect favorable coverage from the legacy press and have an irksome habit of talking to reporters as though they’re essentially lower-rung party employees.

For example, a guy named TJ Ducklo—a truly fantastic name for a party hack—was briefly a deputy White House press secretary under Biden until he reportedly accused a female reporter of “jealousy” and threatened to “destroy” her. He presumably expected he’d get away with it, because he thought the press worked for him …

Or take Ian Sams, a top Democratic spokesman who was tasked with reassuring reporters that Biden, despite his visible decline, was sharp as a tack. He was in the news recently after he admitted that he met Biden face-to-face only twice. But I’ll always think of him as the guy who, while working for Kamala Harris’s 2020 campaign, became furious when a BuzzFeed journalist tweeted something mildly critical of one of Harris’s debate performances.

As reported by The Washington Free Beacon, he went whining to BuzzFeed’s editor-in-chief at the time, Ben Smith, that the critical tweet was “whiteness manifest,” whatever that means, and a “really bad look” for the publication. Smith’s reply was spot on: “Do you seriously not have real problems? This text makes me think you are totally, totally unready for an actual presidential campaign.”

Will Rahn, filling in for Nellie Bowles at TGIF. Rahn contrasts Republican press relations, where the GOPsters don’t expect fawning coverage, but I don’t want to borrow too much.

Rahn then pivots to this:

A shooting in Minneapolis: The biggest news of the week is a mass shooting at a Catholic school in Minnesota called Annunciation, and there are no jokes to be made about it. It horrifies me. It’s demonic. And, for the life of me, I cannot understand the Democratic impulse to diminish the power of praying for the victims, children who were shot while praying. It’s like a preprogrammed, knee-jerk reaction that, especially in this instance, is just bizarre and offensive.

Those who seek solace in prayer pray in these situations. We pray for the dead and wounded. We pray for the families. We pray for ourselves. Some might even pray for the soul of the shooter.

I get that you want to make this about gun control. My suggestion is that you shut up about the prayer stuff and just make it about gun control.

Amen! He’s not as funny as Nellie, but I wouldn’t mind too much if Nellie took more time away, leaving him in charge.

He can’t unsee it; I’m trying to bring it into focus

The reason I feel such a tinge of discomfort by the Center Gai scene is not because I care what travelers do, but because I can’t unsee: the forces driving mass hyper-consumptive tourism are the same ones fomenting fascism, science skepticism, kleptocracy, billionaire veneration, labubus, and entertaining ourselves with little colored bubbles until the very second before we die.

Craig Mod via John Brady.

That’s a big claim that I need to chew on a bit. I thought you might want to as well.

Lone-wolf violence in America

In recent years, certain supporters of transgender rights have developed a public language of militancy and conflict, in which familiar habits of left-wing activism — attempts to shut down controversial speech, claims that contrary opinions are fascist or genocidal — are supplemented by an armed-and-dangerous iconography that’s usually associated with the American right.

In the wake of the murders of Catholic school children in Minnesota, the second attack in three years carried out by a transgender shooter against children at a Christian school, it would be relatively easy to write a column holding such militancy responsible for the carnage. All I would have to do is adapt the scripts so often used to blame conservatives for violence, from the J.F.K. assassination (which the scribes of Camelot quickly attributed to the angry rhetoric of Dallas right-wingers) down through the Tea Party and the Trump eras.

If I were making that argument, I would insist that words have consequences: If you tell people that they’re facing “trans genocide,” and that religious conservatives especially are agents of their fascist subjugation, why wouldn’t you expect some troubled souls to opt for vigilante action?

Likewise, if I were laying blame this way, I would insist that violent images inspire violent action: If you sport a shirt with the slogan “Protect Trans Kids” underneath a hunting knife (as the lieutenant governor of Minnesota did in 2023), or if you put a transgender writer toting an AR-15 on your magazine cover (as an alternative weekly in the Pacific Northwest did just two months ago) with a headline asking “Are You Triggered?” you bear some responsibility when the trigger actually gets pulled. Especially when the Minneapolis killer’s own manifesto reportedly trafficked in the same imagery, featuring a “Defend Equality” sticker overlaid with an image of a machine gun.

But I’m not making that case, because it would betray a consistent theme of this column, going all the way back to the attempted assassination of Representative Gabby Giffords in 2011: namely, that all attempts to blame extreme political rhetoric for mass shootings should be treated extremely skeptically, because the phenomenon of lone-wolf violence in America rarely attaches easily to either left-wing or right-wing ideology.

“Diabolos in Greek means accuser, and in that sense the dark spirit that inspires these crimes suffers a defeat when we react with unity and solidarity rather than immediate recriminations.

Whereas it gains a victory every time we respond by immediately blaming our political rivals, and trying to prove over the bodies of the dead that, yes, our ideological opponents are even more evil than we thought.

Ross Douthat, Politics Rarely Explains Mass Shootings (gift link)

Grand Jury Nullification

A federal magistrate found that there was probable cause to support the charge. Yet, on three occasions, a grand jury in the District of Columbia declined to indict. Instead, the U.S. Attorney filed an information for a misdemeanor violation of Section 111. A writer at MSNBC suggests that the grand jury’s refusal to indict may be due to a weak cases being brought by the U.S. Attorney.

Since the failed indictment for Reid, there have been two more grand juries that failed to return a true bill.

It is possible that these juries are carefully attuned to the gradation between felonies and misdemeanors. May I suggest another possibility? Federal grand juries in the District of Columbia, made up (almost) entirely of critics of President Trump, are engaging in nullification of the Trump Administration’s law federal enforcement efforts. I imagine this sort of active resistance will increase as more federal officers are fanned throughout the District of Columbia. …

Historically, at least, the concept of jury nullification was viewed as a popular check against tyrannical governments. I imagine an average D.C. resident who can take time off from work to serve extended periods of federal grand jury duty may see himself in that fashion.

Josh Blackman. This is all the more remarkable because the received wisdom is that prosecutors can get grand juries to indict anyone for anything.

Occam’s Razor

Whenever the White House announces a new criminal investigation into one of Donald Trump’s enemies—an event that occurs with Stalinesque frequency—the administration and its allies have a go-to line: “No one is above the law.” FBI Director Kash Patel, Federal Housing Finance Agency Director Bill Pulte, and others have gleefully deployed the tagline. It’s a smirking, knowing stand-in for the claim that Joe Biden did the same thing to Trump while insisting that Trump was not above the law, and so turnabout is merely fair play.

[Account of why that dog don’t hunt omitted.]

The Occam’s-razor account of how it is that Trump became the first ex-president to face criminal investigation is that Trump is the first professional crook to be elected president. This would also neatly explain why he invented the idea of locking up the president’s enemies. Crooks are generally cynics who think that everybody in power is a criminal, and the only difference is that some people are hypocrites about it. (“My father’s no different than any other powerful man,” Michael Corleone says in The Godfather.)

Barack Obama did not threaten to lock up John McCain or Mitt Romney. The idea that the law is a weapon the president uses to protect his friends and harass his enemies was brought into American politics by one man. He now happens to be the one man who is very definitively above the law.

Jonathan Chait, MAGA Has a New Favorite Slogan

Summing up


[A] critical mass of the American people … no longer want[s] to govern themselves, … are sick of this republic and no longer want to keep it if it means sharing power with those they despise.

Nick Catoggio

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium.