Legalia

Oh what a tangled web we weave

A federal judge in D.C. vacated the 2017 desertion conviction and dishonorable discharge of former Army Sergeant Bowe Bergdahl, who walked off of a base in Afghanistan in 2009. He was captured by the Taliban and held for five years before being freed in a prisoner exchange in 2014. The judge argued Bergdahl did not receive a fair trial because the [military] judge in the case failed to disclose he was concurrently applying for a job in former President Donald Trump’s Justice Department—Trump had called Bergdahl a traitor and suggested he should be executed. Bergdahl may now face a second trial before a different judge.

(TMD) What you think of Bergdahl shouldn’t blind you to the sleaziness of what the military judge did.

Political persecution

From the department of “Damned-if-you do, Damned-if-you-don’t,” a thought on Donald Trump’s legal difficulties:

• If they prosecute him, “they’re politically persecuting him.”
• If they don’t prosecute him, they’ve “got nothing on him.”

Heads Trump wins, tails Trump wins.

Such is my former party. Brain dead is the benign explanation; cynical is the likelier (and culpable) explanation.

Well, they’ve got something on him, so let the “persecution” continue.

Not a rubber stamp, but a punching bag

Just as Hunter Biden was on the verge of signing a very nice plea deal to settle up tax and gun charges, Judge Maryellen Noreika mucked it all up. “I cannot accept the plea agreement today,” said Judge Noreika, who is definitely getting audited this year and who should be very careful about going 0.5 miles above the speed limit from now on.

Nellie Bowles, TGIF

What could possibly go wrong?

The IRS announced Monday that it would stop making most unannounced, in-person visits to taxpayers—a practice that has long been one of the agency’s key tools to collect unpaid taxes—citing security concerns and taxpayer confusion as scam artists imitated the tactic. The change is part of a 10-year modernization plan focused on cracking down on tax evasion and improving customer service.

TMD

Culture

SAT levels the field

Shocking new study—the SAT is a progressive tool: There are a lot of good liberals who genuinely believe that the SAT is racist, but that teacher recommendation letters and extracurriculars aren’t. My friends: Please think about a teacher at a small private school versus one at a big public school. Who has more time to get to know a kid? Think about extracurriculars: what happens to the kid who needs to work at a deli and can’t launch a nonprofit in Gambia? The SAT is the least racist thing we have. The SAT is the closest to equity in admissions we can ever hope to achieve. Now we have stats from a new study out of Harvard and Brown showing how the ultra-rich can get a huge boost from everything except. . . the SAT.

Nellie Bowles, TGIF

Soon to be a hateful myth

Meantime, in the U.S., Democrats in Texas and Louisiana voted this week in favor of age restrictions on hormones and gender surgeries, explicitly breaking with the party. Shawn Thierry, a Democrat in Texas, said: “I have made a decision to place the safety and well-being of all young people over the comfort of political expediency.” Let’s not get ahead out ourselves—in Oregon, doctors can treat gender dysphoric adolescents 15 years or older without parental permission or even notification. But I’m pretty sure we’re seeing a shift here. I agree with Jesse Singal that pediatric transitions will very soon be memory-holed as a thing that Absolutely Never Happened.

Nellie Bowles, TGIF

Budapest, the putative hell-hole

In the two years I’ve lived in Hungary, I have seen many Americans and Western Europeans come to Budapest for the first time, visibly anxious about what they’ll find, as they only know the city and the country from their media, which routinely denounce the Orban government as ‘authoritarian’ and, yes, ‘far-right.’ It only takes a few days for them to realize that they have been lied to, and that Viktor Orbán is the kind of reasonable, effective conservative that most Americans on the Right hope for when they vote Republican, but rarely get.

As I tell Americans headed over, “Budapest feels like a major midwestern American city, circa 1998.” If Clinton-era Omaha, but with better architecture and food, is your idea of Nazitown, maybe the problem is you.

Rod Dreher in European Conservative.

People who matter

[Marty Peretz] writes honestly about the core fight around publishing a symposium on The Bell Curve:

Leon said: Publish a review of the book but don’t run the piece itself. We don’t run Marxists here; we shouldn’t run Social Darwinists. Andrew said: Our readers read Marxists and Marxist derivatives already. If we don’t run Murray they’ll never read him at all — and Murray is a person who matters.

I was speaking about my own ignorance as well: reading the draft of the book was the first time I’d ever even heard there were racial differences in the distribution of mean IQ. That forbidden knowledge — uncontested, uncontestable — was something we needed and need to know. Because it was and is real. That’s all. Why it was real and how to fix it were open questions. And the ongoing debates over the fraught issue are still necessary, which is why the woke left wants to render them entirely taboo — along with countless of their other stagnant little orthodoxies. Our job as writers, I believed, was to open up debate with epistemic humility, courage and precision; it was not to shut it down in a flurry of virtue-signaling.

Andrew Sullivan

I have always rebelled against taboos based on the idea that bad people will make bad uses of what appears to be truly true.

Living by faith

The irony is that we all—secular or religious people alike—make our biggest life-shaping decisions on faith. Life is too short to learn what you need to know to live well.

Frank Schaeffer, Crazy for God

The DEI Racket

Jesse Singal notes the reported abandonment of DEI programs in corporate America, and recounts the sad story of a school principal absurdly called racist and white supremacist during prolonged DEI training, and who eventually took his own life

[M]any contemporary DEI trainings “often seem geared more toward sparking a revolutionary reunderstanding of race relations than solving organizations’ specific problems.” There’s an intense, confrontational element to some of them … DiAngelo’s approach leans very heavily on the idea of calling out white employees, in front of their colleagues, for their alleged racial sins …

…

My argument, then and now, is that these sorts of DEI interventions are, very obviously, psychological interventions. What else do you call something that is designed to change the way people think and act? And if they’re psychological interventions, of course they should be subjected to certain standards; perhaps first and foremost, their advocates should be able to assure institutional decision-makers that whatever else they do or don’t accomplish, they won’t cause harm.

But we don’t have that data, because almost none of these programs are formally, rigorously evaluated. I may sound like I’m beating a dead horse here, and I understand that at a certain point I come across as a nerd, but until you have evidence a program works, you don’t have any evidence a program works. It doesn’t matter how glossy the brochure or how impressive the website is. I understand that CEOs were desperate to do something to respond to societal and employee demand in the wake of George Floyd’s murder. But this is a rather undercooked industry, and until it adopts better standards, it will be hard to shed all that many tears over its contraction.

I couldn’t help but think of Orwell’s Animal Farm when I read A Cruel Summer at Cornell, about a Telluride Association Summer Program that seemed to be, if tacitly, about the eventuality of DEI as currently treated.

Conspiracy theories

Conspiracy theorists have got at least two things right: that the truth can differ dramatically from what we’re officially told, and that it is usually unpleasant. There aren’t many conspiracy fantasists who claim that the world is run by a benevolent secret society which will one day deposit a fortune in all our bank accounts.

Terry Eagleton

Trigger warnings run amok

We may laugh at the university that appended a trigger warning to Ernest Hemingway’s The Old Man and the Sea, informing students that it contains scenes of “graphic fishing” ….

Andrew Doyle, Our culture war is not a distraction.

Indeed we may laugh.

Economics

Perverse economic incentives

The more the economy becomes a matter of the mere distribution of loot, the more inefficiency and unnecessary chains of command actually make sense, since these are the forms of organization best suited to soaking up as much of that loot as possible.

David Graeber, Bullshit Jobs

Efficiency versus humanity

Efficiency was the coldest metric for evaluating a merger. It reduced Americans into the stylized economic caricature known as the “consumer,” treating cheap goods as our highest and only aspiration. The new guidelines inject a bit of humanity back into the calculus. And they suggest that the ultimate question for government shouldn’t be whether something is efficient, but whether it’s right.

Franklin Foer, Biden Declares War on the Cult of Efficiency

I hope I’m not being sold a bill of goods, but if the new Biden antitrust guidelines are as Foer represents them, I approve — and that puts me at odds with The Thing That Used To Be Conservatism.

Politics

Isolationist fascism

Trump differed sharply from the European fascists of the interwar period.

They were ardent militarists and imperialists. War was the crucible in which the new fascist man was to be forged; territorial expansion was both the means and the end of fascist power and triumph. Trump has shown little ambition to pursue such aims.

…

Unlike previous fascist leaders with their cult of war, Trump still offers appeasement to dictators abroad, but he now promises something much closer to dictatorship at home. For me, what Trump is offering for his second presidency will meet the threshold, and the label I’d choose to describe it would be “isolationist fascism.” Until now, such a concept would have been an oxymoron, a historical phenomenon without precedent. Trump continues to break every mold.

Christopher R. Browning, How Trumpism Differs From Fascism

Poverty and hatred

Government has tools to fight Black poverty. It does not have tools to fight white hatred. Not in any real way. Poverty lives in the world. Hatred lives in the head.

Freddie DeBoer

A position that melts on closer inspection

Well, I think . . . they have nothing to do with being president of the United States. The 10th Amendment is very clear about what the federal government’s role is, and what’s not specifically for the federal government, that limited number of things is designated to the states or to the people. I mean, it’s a one-sentence amendment in the Constitution that I believe is basically overstepped all the time, all the time, all the time.

And I’ve seen it as, again, small business. medium business, governor, I’ve seen the federal overreach. So Dobbs? Support Dobbs—leave it up to the states. I was a candidate for not even 12 hours and the first question on CNN was how do you feel about signing a federal abortion amendment? I said I wouldn’t sign it. . . . We said, it’s up to the states, the states have to decide ….

North Dakota Governor and Presidential Candidate Doug Burgum.

I respect Burgum for saying that. For decades, I said that reversal of Roe v. Wade would return the issue to the states. Abortion has never really been a national issue (even if Roe pretended permissive abortion was enshrined in the constitution).

Granted that a federal abortion amendment would by definition make abortion a national issue, and granted that the Right to Life movement has wanted a Human Life Amendment for decades and decades, I’m unsure that the precedent of shifting the federal/state balance is one I can support.

Once upon a time, I called myself a single-issue pro-life voter. But then the GOP started running idiots who had nothing but a supposed pro-life stance to commend them — and often they betrayed in talking about it that they didn’t really get the issues. That put an end to my true single-issue voting. Now, promising a Human Life Amendment will not get me to vote for someone who otherwise is a toxic jack- or jenny-ass, like a Matt Gaetz or a Marjorie Taylor Greene.

The incredible shrinking candidate

There was a time, not that long ago, when I thought I might be able to get behind Florida Governor Ron DeSantis in his bid for the Presidency.

Ron DeSantis, Florida’s governor, ordered state officials to probe whether AB InBev, Bud Light’s parent company, breached its responsibility to shareholders by hiring a transgender social-media influencer. The partnership with Dylan Mulvaney fuelled a boycott by conservatives; AB InBev has shed about a tenth of its stockmarket value since April. Mr DeSantis has also picked fights with Disney for its “wokery”.

The Economist Daily Briefing.

I am not amused by DeSantis on this. I was amused, though, by this: The Real Mystery of Bud Light: How did it become so popular in the first place?

More trolling by Shrinking Man:

DeSantis suggests he could pick RFK Jr. to lead the FDA or CDC – POLITICO

And then there’s the mortifying mistake of the campaign video that ended with a Nazi symbol.

Nick Cattogio:

In 2022 DeSantis signed the Stop W.O.K.E. Act, a response to the panic on the right over critical race theory. Of course he did: For all the hype about the governor’s post-liberal “vision” for America, his legislative priorities are highly reactive to whatever the populist hobby horse du jour happens to be. It’s an endless game of fetch with Very Online MAGA activists tossing the ball and Ron DeSantis loyally bounding after it in whatever direction it happens to go.

(Emphasis added)

Government’s Covid response

I seem to be seeing articles every day that assume the absurdity of the government response to Covid.

This is a debate (if there be a debate) that I’m not going to enter or even to watch closely, for a couple of reasons:

• I gladly isolated to a fairly great extent because I’m an introvert.
• I painlessly isolated to a fairly great extent because I am (and was then) retired and financially comfortable.
• I prudently isolated to a fairly great extent because I am obese and over age 70 — a demographic that everyone agrees would have been counseled to isolate even by epidemiological dissenters from Dr. Fauci’s approach.

What I will say was that we collectively were surprisingly uninterested in the fate of those mostly low-paid essential workers who had to show up in meatspace, thereby exposing themselves to (supposedly) mortal danger. Did the powers that be really believe they were all in mortal danger? Let’s not forget them.

For want of a Christian conservative, vote secular populist?

I used to say “If you don’t like The Religious Right, just wait ‘till you see the Irreligious Right.”

So how are you disliking it?

Snark aside, this review makes me want to buy yet another book I may not live long enough to read: Tobias Kremer, The Godless Crusade: Religion, Populism, and Right-Wing Identity Politics in the West. How this cashes out in the US, sadly, is that many religious voters are likely to vote for secular populist candidates again for lack of a more attractive alternative.

But there is a more attractive alternative! You just have to reject the idea that one of the two major parties must get your vote and that “anything else is wasted.”

That’s especially easy to do if your state is deep red or deep blue, as you can relax (knowing your vote won’t sway any race) and vote your conscience (not voting for a “lesser evil”) as a signal to the major parties that America is tired of shit sandwiches on the menu.

Dick Bionidi

Dick Bionidi has died. For a midwesterner of a certain age, he was a pretty big deal.

Anniversary

Tomorrow, Saturday July 29, 9:03 pm, is the 58th anniversary of my motorcycle accident. I was hurt memorably, but not grievously or maimingly (if that’s a word).

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We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it. I’m even playing around a bit here, but uncertain whether I’ll persist.