SPLC

SPLC backgrounder (from a skeptical position I share)

The [Southern Poverty Law Center] was founded in 1971 to fight genuine white-supremacist terror in the American South. For almost two decades, it did necessary and often courageous work: bankrupting Klan chapters through civil litigation, winning judgments that shuttered paramilitary training camps, forcing accountability where local prosecutors had refused to. By the late 1980s, most of its original mission had been accomplished. The Klan was largely irrelevant. The overt neo-Nazi movement had been driven to the margins.

A healthy institution would have declared victory and wound itself down. Instead, roughly coinciding with the fall of the Soviet Union in 1991, the SPLC began its transformation from a vessel of emancipation into a vessel of subversion. The legal work shrank. The direct-mail operation grew. The enemy was no longer the Klansman in the hood but the dissenter at the lectern—the Muslim reformer, the border-enforcement advocate, the Catholic theologian, the parents’ group. The SPLC became an institution that retained its old license while pivoting toward new, softer targets.

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Consider allegations that “F-37,” an SPLC informant, helped plan the Charlottesville rally that killed Heather Heyer and traumatized a nation. According to the indictment, this individual actively coordinated transportation, participated in planning meetings, and posted racist content to maintain credibility within white supremacist circles. Moreover, it charges, the SPLC paid F-37 $270,000 over eight years to embed within the very movements it publicly condemned. When Americans witnessed the horror of torch-bearing neo-Nazis chanting “Jews will not replace us,” they were watching a performance partly choreographed by someone on a civil rights organization’s payroll, according to the indictment.

Ayaan Hirsi Ali: The SPLC Targeted Me. Now Its Reckoning Has Come.

The SPLC thought, while there was a fatwa against her life, that Ayaan Hirsi Ali had an Islamophobia problem. I don’t have much sympathy for SPLC’s legal problems now even if the prosecution’s motives are suspect (as is everything the Trump DOJ does; but “suspect” doesn’t mean “guilty.”)

SPLC Legal Update

A few months ago, I expressed some ambivalence about the Trump administration charging the Southern Poverty Law Center criminally:

Even more than two things can be true at the same time:

1. Southern Poverty Law Center did good work on civil rights decades ago;
2. Instead of declaring victory and closing up shop, SPLC became a grifting media darling with lazy leftwing slop like its “Hatewatch”;
3. Had you asked me if SPLC used moles to infiltrate right-wing groups, I probably would have paused for a few seconds and then answered “Why, yes; I suppose they do.” Were I an SPLC donor, I don’t think that would have deterred me.
4. To all appearances, the criminal indictment of SPLC is, if not garbage, at least garbage-adjacent. It looks like a typical Trump DoJ stunt.
5. The criminal indictment will cost SPLC not just defense costs, but lost revenue: This week, Fidelity Charitable and Vanguard Charitable said they had paused grants from Donor-Advised Funds to the Southern Poverty Law Center.
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Last week, Team Trump followed up with charges against a fairly high-ranking individual within the SPLC, and the Dispatch has weighed in with some analysis:

Approaching Beirich’s arraignment—which is scheduled for this Wednesday—and the jury selection and criminal trial set to take place in October, the Trump administration’s charge that the SPLC defrauded banks looks stronger than its claim that the organization defrauded its own donors….

[Analysis of the weak charges for “fraud” from paying informants to infiltrate groups omitted.]

The government’s allegations of bank fraud may prove stronger. After Beirich’s arrest, Blanche said that Beirich had helped open bank accounts in the names of fictitious companies. Walter Olson, a senior fellow at the Cato Institute, told TMD that most lawyers he speaks to consider the bank counts “more likely to cause real trouble for the SPLC in court.”

“One of the reasons for that is that the laws on false statements to banks are drawn in a very pro-prosecution way,” he said. And the SPLC has few defenses on these counts, Olson explained, because the laws on bank fraud mean that “it doesn’t matter what the bank thinks of this—for example, it doesn’t matter if the bank doesn’t want you prosecuted.”

“If you have misstated things to a bank, and … if it passes a threshold of somehow being material or important, then tough penalties apply,” Olson said.

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But even if the case is ultimately dismissed, the controversy is also drawing attention to larger questions about the SPLC’s use of its funds. CharityWatch, a nonpartisan nonprofit that rates charities, gives the organization an “F” rating for continuing to raise money while already holding large reserves—$787 million in net assets, according to the center’s most recent financial filing.

“They’re doing okay from a financial efficiency perspective, but we analyzed their assets, and what we determined is that this organization could continue to operate at 2024 spending levels for six years without raising another penny of revenue,” Laurie Styron, CharityWatch’s CEO and executive director, told TMD “So our criticism is, ‘Why are you continuing to fundraise when you have six years’ worth of money available to operate your organization that you haven’t spent?’”

Blowback from the Congress Hegseth holds in contempt

There is, in short, good reason Congress isn’t rushing to rubber-stamp the staggering defense budget. The House, by a narrow margin, passed a $1.15 trillion defense budget and a $73 billion supplemental to fund the Iran war. In addition to the money in the House bills, the White House wants another $350 billion via a reconciliation bill that can’t be filibustered by Democrats. But that measure appears to be DOA in the Senate. With time running out, the armed forces are likely to begin the new fiscal year on Oct. 1 under a “continuing resolution” that provides “only” $838 billion. Defense Secretary Pete Hegseth has no one but himself to blame. He has been contemptuous of Congress, so it’s hardly surprising that its members are not rushing to hand him a massive pot of cash. If Hegseth wants to win bipartisan support for the defense budget — something that was taken for granted in years past — he needs to start briefing Senate Democrats, not just Republicans. And he needs to do a much better job of addressing lawmakers’ concerns about controversies such as the unexplained firings of general officers, the lawless attacks on alleged drug boats, the deteriorating conditions aboard an aircraft carrier deployed to the Middle East and the failed war with Iran.

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Under Hegseth’s weak and woeful leadership, the defense budget has become a piggy bank not just for Trump’s impractical flights of fancy but also for Trump family members. The Washington Post reported that companies in which the president’s sons Eric and Donald Jr. have invested have received at least $3.2 billion in defense contracts since the start of Trump’s second term.

Perhaps there’s a case for a $1.5 trillion defense budget, but, so far, Hegseth hasn’t made it, at least not convincingly. Indeed, The Post reported earlier this year that military officers were scrambling to figure out how to spend an extra $500 billion. Hegseth seems to have picked $1.5 trillion as the “top line” arbitrarily, rather than conducting a rigorous bottom-up analysis of what the military needs.

Trump, for his part, hasn’t given a single speech providing a detailed justification for the defense budget. His argument for it remains at the bumper-sticker level, claiming that all that extra spending will produce a “Dream Military.” But at what cost?

A far greater Republican president — Dwight D. Eisenhower — recognized that the nation must provide for its defense today without “plundering … the precious resources of tomorrow.”

Max Boot

I take every opportunity to say “I told you so,” but this is not a fair opportunity. It never occurred to me that we could attack Iran and not beat them. It never occurred to me that we could frightfully deplete vital munitions in a foolish war on Iran, imperiling our ability to honor other commitments around the world. I never thought about how Iran would strike back if we attacked.

But I think I can say that if I sat in the Oval Office, I’d have listened carefully to top military officials who could and probably would have told me those things – and that I consequently would not have started this stupid war.

No bail

The Tate brothers want bail pending their extradition proceedings to the United Kingdom. Unfortunately for them, it’s very hard to get bail when you’re pending extradition, and also their social media is full of statements about how they are flight risks. “You can’t ban me from driving, I have nine drivers licenses. You can’t freeze my passport, I have four.” Yeah… they’re not going to be getting out anytime soon.

Josh Barro and Ken White

Postliberalism

Liberalism is the system of government most Americans recognize as legitimate: The rule of law, constitutionalism (written or unwritten), democratic accountability (i.e., politicians are accountable to voters), individual rights variously defined, and to one extent or another, commitment to the free market.

A postliberal is someone who believes that liberalism was either a mistake from the beginning (they heap a lot of scorn on poor John Locke), or—like Marx—argues as an objective observation that it is a spent force in need of replacement. The specifics of what that new replacement order should look like are often hard to find, and even when some give it a shot, I haven’t seen any that aren’t exceedingly vague, aspirational, platitudinous, or too narrow to be the basis of a consensus (I am open to correction).

Jonah Goldberg, Thank God the Constitution is Liberal

Legal Miscellany from the Short Circuits newsletter

• Plaintiff: My gov’t employer cooked up baseless allegations to fire me in retaliation for my whistleblowing. State court (round one): Sounds like a claim that requires discovery, which means you should file a plenary proceeding. State court (round two): Whoops! Turns out that round-one decision precludes all your state-law claims in this here plenary proceeding. Federal district court: And that all looks like res judicata for your constitutional claims, too! Second Circuit: Guys. Guys. Calm down. Nothing has been judicataed, and somebody needs to listen to this lady’s claims. Case undismissed!
• If a Fifth Circuit opinion considering a challenge to gas stove regulations begins, “The Biden Administration proposed numerous regulations to make home appliances more expensive and less useful,” you probably know how it’s gonna turn out.
• Sixth Circuit: Forcing a compliant suspect to pee in his front yard when there were plenty of officers on hand to supervise a trip to the toilet is an obvious Fourth Amendment violation. No qualified immunity. Case undismissed. Dissent: At the Founding, public urination was probably not a crime in these circumstances.
• Minnesota Jane Doe, who was sexually assaulted at age 14, provides evidence for a rape kit. Anoka County police do not test the kit for over 16 years, then find it contains DNA implicating the assailant she identified. She sues the police for failure to investigate. Eighth Circuit: Crime victims have no standing for that sort of thing.
• Automated license plate readers (ALPRs) are sold as a targeted tool to catch dangerous criminals and find missing persons. And we like both of those things. But the frequency with which officers use ALPRs for non-law-enforcement purposes (chiefly stalking) or wind up tracking and detaining the wrong people (sometimes at gunpoint) is downright alarming. Officers rarely record specific reasons for ALPR searches, and even where they are supposed to, as we learned in litigation against Norfolk, Va., officers ignore those internal department requirements without consequence. (One officer repeatedly wrote “la la la la,” and no one noticed.) Which is all to say that constitutional safeguards are desperately needed, and we have a sensible proposal that we’re bringing to a courthouse near you: If the police want to track someone, they have to get a warrant. Click here to learn more.

Right hand, meet left hand

Religio-Legal from WaPo:

Virginia requires chaplains serving in the Virginia National Guard to obtain a theology-related master’s degree. Yet despite providing tuition assistance for other types of degrees, it recently denied tuition assistance to Trace Stevens, a National Guard member enrolled in a master’s program at Liberty University to pursue the type of theology degree necessary to become a chaplain. The state claimed that such degrees are too religious to receive state support.

Things I’d rather not talk about

Surrogacy is one of those issues that conservatives simply don’t want to talk about. It is often heart-wrenching when couples are not able to have children, and IVF and surrogacy are viewed as miracles to let these couples have children. To raise any moral or legal objections to this practice is sometimes seen as a third-rail, even in Republican pro-life circles …

Yes, this is true.

… And on the left, how many of the women who wore bonnets from the Handmaid’s Tale to protest Justice Barrett hired poor women in Eastern Europe to carry their children? This is an issue that needs to be discussed more on both sides of the spectrum.

Josh Blackman

I’m one of those muzzled conservatives. “I think IVF is dodgy” was the shorthand for IVF and for surrogacy that I put in my running list of unpopular opinions.

But I’m friends with people who have children via assisted reproductive technologies that I find “dodgy.” To discuss it risks the friendship. And their children are precious however conceived.

“Woke” (properly speaking)

“Woke” has come to be used as shorthand for anything that feels like an extremist position on the left: defunding the police, favoring open borders, supporting medically invasive “gender affirming care” for teens over the wishes of their parents, etc. But, rightly understood, none of those are woke. They are public policies favored by left-wing activists. Wokeness was (and is) something distinct: a method of leveraging cultural power to reshape public opinion, thereby creating an electorate more likely to embrace those and other progressive views in the future.

That reshaping takes place outside of the political sphere—in cultural institutions in the private sphere. It can be driven by grassroots agitation (from below) or by elite agenda-setting (from above).

Conservative pundit Kevin Williamson getting hired by The Atlantic and then fired two weeks later because junior staffers at the magazine demanded it was an example (one of many) of the first. Applicants and recent hires for teaching positions at universities across the country being forced to sign documents promising to teach a specific narrative about race and gender in all of their classes, regardless of their specialized fields or research and teaching interests, was (and is) an example of the second.

A mob of progressives on Twitter circa 2019 attempting to get a conservative or “reactionary centrist” fired for staking out the “wrong” position on this or that issue of the day is an example of the first. Millions of employees being forced to sit through DEI training sessions run by their employer’s department of human resources, which is in charge of hiring, firing, and promotion for the company, is an example of the second.

The problem with and novelty of these developments is not that they involve crowds and institutions imposing or enforcing certain norms. The problem and novelty is entirely a function of the fact that the norms they seek to impose or enforce are expressions of a moral vanguard.

Damon Linker, “looking left” as his Substack regularly and explicitly does.

But note that there are right-leaning versions of something very like “woke,” too. Does Linker’s definition of woke excludes them unnecessarily, or is there something distinctive about, say, Laura Loomer (right-coded grassroots agitator, whose McCarthyite lists got a whole lotta people fired in Trump 2.0) or Ron DeSantis (an elite right-wing agenda-setter for the state of Florida)?

Shorts

• ‌If God wanted us to have unlimited free energy He would have put a giant fusion reactor in the sky.
• The best way that a man could test his readiness to encounter the common variety of mankind would be to climb down a chimney into any house at random, and get on as well as possible with the people inside. And that is essentially what each one of us did on the day that he was born. (J Budziszewski, What We Can’t Not Know)
• Religion has declined in the West, but Taylor thinks the more interesting story is the explosion of different forms of religion in modernity, its fragmentation. (William T. Cavanaugh, The Uses of Idolatry
• If sex is just a social construct, or even if gender is just a social construct, why is there any need for medical “transitioning” starting with hormone injections? (Tipsy, H/T Carl Trueman, The Rise and Triumph of the Modern Self)
• How much would you pay for a smarter baby? — I can imagine the lawsuits later: “We paid for a smarter baby but instead we got a child who’s compassionate and generous! We’ve been screwed!” (Alan Jacobs)
• Joe Biden’s political appointees had left the week before, and I was now the senior intelligence official in the White House. For the incoming Trump administration, the trans woman would man the gates. (Julia Curlee, The Wrong Kind of American)
• If this is Making America Great Again, I wish he’d stop. (Rod Dreher, who voted for Trump in 2024)
• Anywhere there was power to protect, doublespeak was, sooner or later, right there in the midst of it. As the Scottish psychiatrist R. D. Laing put it, one realizes that “they are playing a game. They are playing at not playing a game. If I show them I see they are, I shall break the rules and they will punish me. I must play their game, of not seeing I see the game.” (Russell Moore)
• While the sailors on the Lincoln fight his war, while he fruitlessly drains our munitions and oil reserves, the president sleeps through his meetings. He golfs and trades stocks. See, he doesn’t want to do the job. He wants to build his ballroom and travel with Natalie on their apparently defenseless flying palace, gifted by the Emir of Qatar. (Sen. Jon Ossoff, in a remark that seems to have gotten under Trump’s skin)
• Jon Jackoff has to be the biggest cuck loser in politics. Instead of denigrating hard working people serving their country, Jon should look deep into his soul and ask himself why he’s a miserable person who hates this country. It’s because he’s a radical, extremist Dumocrat. (Steven Cheung, White House Communications Director)

Elsewhere in Tipsyworld

• Political Reality hasn’t changed
• The Empire Must Die
• Un-Cryptocurrency
• Of course he is
• From my inbox
• Regrets, I’ve had a few

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Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg

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 no-algorithm social medium.