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.”

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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.

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[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.

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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.

Midweek dump (3/28/24)

Culture

The most gruesome conversion therapy

Discussing the new free documentary Lost Boys: Searching for Manhood, about boys who apparently were pressured toward “transitioning”:

The irony hasn’t gone unnoted that while trans activists position themselves in the same stream as gay and lesbian activists, this gruesome “treatment” functions as the most extreme form of “conversion therapy,” more nightmarish by far than the silliest South Park caricature of a “pray the gay away” evangelical …

For Alex, insight has gradually dawned that his more sensitive interests in poetry and music simply made him “a romantic type.” They didn’t make him “effeminate” per se. Nor, he adds, did they make him “gay.”

Bethel McGrew, The Island of Lost Boys

The insight behind that second paragraph has haunted me ever since “gender confirmation surgery” became a public phenomenon.

“Is there no room left for tomboys and sissies?”, asks the old cisgendered white guy (who isn’t exactly an exemplar of all manly stereotypes)? Who decided that tomboys are really boys and that sissies are really girls?

Not my kind of guy

The Journalism Herd seems to have decided it’s time for a reprise of Christine Blasey Ford, which reminds me that my lightly-held position at the time of the Ford-Kavanaugh face-off was that Brett Kavanaugh might have done what she said (tried to remove her swimsuit, as I recall) because he was drunk on beer as was so usual for him and his pals at the time. (I also read a high-level hatchet-job on Ford that made a decent case that she was lying.)

I didn’t consider a drunken adolescent mistake reason enough to disqualify him for SCOTUS after many years of responsible adulthood. But I made a mental note that he’s not my kind of guy.

(Side note: Parents winking at teen boozing is a major reason we didn’t send our son to a Catholic High School, and why he won’t send our grandchildren there, either.)

American multiculturalists

The American multiculturalists similarly reject their country’s cultural heritage. Instead of attempting to identify the United States with another civilization, however, they wish to create a country of many civilizations, which is to say a country not belonging to any civilization and lacking a cultural core. History shows that no country so constituted can long endure as a coherent society. A multicivilizational United States will not be the United States; it will be the United Nations.

Samuel P. Huntington, The Clash of Civilizations and the Remaking of World Order

Restlessness

Where you come from is gone, where you thought you were going to never was there, and where you are is no good unless you can get away from it.

Flannery O’Connor, born on the Feast of Annunciation in 1925. Garrison Keillor has anecdotes.

Abroad

It’s barbaric — and it’s working

Before the war, Israelis estimated Hamas had dug around 100 miles of tunnels. Hamas leaders claimed they had a much more expansive network, and it turns out they were telling the truth. The current Israeli estimates range from 350 to about 500 miles of tunnels. The tunnel network, according to Israel, is where Hamas lives, holds hostages, stores weapons, builds missiles and moves from place to place … in this war, Hamas is often underground, the Israelis are often aboveground, and Hamas seeks to position civilians directly between them. As Barry Posen, a professor at the security studies program at M.I.T., has written, Hamas’s strategy could be “described as ‘human camouflage’ and more ruthlessly as ‘human ammunition.’” Hamas’s goal is to maximize the number of Palestinians who die and in that way build international pressure until Israel is forced to end the war before Hamas is wiped out. Hamas’s survival depends on support in the court of international opinion and on making this war as bloody as possible for civilians, until Israel relents.

David Brooks

Hate

When people say they want to ban hate speech, what they really mean is that they want to ban hate. And you may as well say that we should ban jealousy, or anger, or greed, or fear. Hate is an endemic part of the human experience and so hate speech always will be too, even after they implant behavior-modification chips in our brains. Ban all the words you like; people will find new ways to express hate.

Freddie deBoer, ‌You Can’t Censor Away Extremism. Scotland replies: Hold my beer.

Domestic Politics

Be it remembered …

In a court filing Tuesday, failed Arizona gubernatorial candidate Kari Lake chose not to contest allegations that she defamed Maricopa County Recorder Stephen Richer when she accused him of committing election fraud during the state’s 2022 elections. She had failed to file a response to Richer’s June lawsuit, which accused her of baselessly claiming Richer stuffed ballot boxes with fake ballots and intentionally made the ballot confusing for voters in an effort to “rig” the election. Lake has asked the court to convene a jury to decide the damages she owes Richer in the case.

The Morning Dispatch

Two from Thomas

Ban the Bland!

Newt Gingrich believed that the brand of politics Bob Michel practiced had contributed to House Republicans’ 40-year sojourn in the political desert. Gingrich decided to change this, starting with Republicans’ vocabulary and tactics. This proved effective, but at the cost of rising incivility and declining cooperation between the political parties. Once the use of terms such as “corruption,” “disgrace” and “traitor” becomes routine in Congress, the intense personal antipathy these words express is bound to trickle down to rank-and-file party identifiers.

Thomas B. Edsall, Lean Into It. Lean Into the Culture War

What’s the point of electing Republicans if they’re not barbarians?

On Nov. 5, North Carolina will determine whether a slate of Republican candidates who believe that the 2020 election was stolen, who dismiss Trump’s 91 felony charges and who are eager to be led by the most prodigious liar in the history of the presidency, can win in a battleground state.

Pope McCorkle, a Democratic consultant and professor at Duke’s Sanford School of Public Policy, argued in an email that the results of this year’s Republican primary election on March 5 demonstrate that “the North Carolina G.O.P. is now a MAGA party. With the gubernatorial nomination of Mark Robinson, the N.C. G.O.P. is clearly in the running for the most MAGA party in the nation.”

As they are elsewhere, MAGA leaders in North Carolina are confrontational.

In February 2018, Robinson, the first Black lieutenant governor of the state, described on Facebook his view of survivors of school shootings who then publicly call for gun control. They are “media prosti-tots” who suffer from “the liberal syndrome of rectal cranial inversion mixed with a healthy dose of just plain evil and stupid permeating your hallways.”

In a March 2018 posting on Facebook, Robinson declared: “This foolishness about Hitler disarming MILLIONS of Jews and then marching them off to concentration camps is a bunch of hogwash.”

In an October 2021 sermon in a North Carolina church, Robinson told parishioners, “There’s no reason anybody anywhere in America should be telling any child about transgenderism, homosexuality, any of that filth. And yes, I called it filth.”

There are many ways to express MAGA extremism.

On May 13, 2020, Michele Morrow, the Republican nominee for North Carolina Superintendent of Public Schools, responded on X (formerly Twitter) to a suggestion that Barack Obama be sent to the Guantánamo Bay detention camp on charges of treason. Morrow’s counterproposal?

I prefer a Pay Per View of him in front of the firing squad. I do not want to waste another dime on supporting his life. We could make some money back from televising his death.

In Morrow’s world, Obama would be unlikely to die alone. Morrow’s treason execution list, according to a report on CNN, includes North Carolina’s current governor, Roy Cooper, former New York governor, Andrew Cuomo, Representative Ilhan Omar, Hillary Clinton, Senator Chuck Schumer, Anthony Fauci, Bill Gates — and President Biden.

Thomas B. Edsall, One Purple State Is ‘Testing the Outer Limits of MAGAism’

[ ] Vulgar attacks? Check (“prosti-tots” and “rectal cranial inversion”)
[ ] Holocaust denial? Check
[ ] Crazed charges of “treason” with proposed mass public executions? Check

You know what North Carolina needs. It needs “bloodbath” of MAGA jackasses on November 5.

But truth told, I’m not sure that these freshly-minted MAGA/populist “Republicans” will care about a massive voter repudiation so long as meanwhile they performatively own the libs.

Explain this one away

Fuggedabout “bloodbath” blather:

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.” Those are Trump’s words, verbatim. He wasn’t talking about Chinese automotive imports.

Kevin D. Williamson, Giving Permission to Political Violence

So: where did all my mockery of Trump go?

I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

You can read most of my more impromptu stuff here and here (both of them cathartic venting, especially political) and here (the only social medium I frequent, because people there are quirky, pleasant and real). All should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

An attempt at realism

“There’s a number of pieces of evidence which has essentially pushed us off the cliff to say we are considering this an act of terrorism.” (David Bowdich, the F.B.I. assistant director in charge of the Los Angeles office.)

“Pushed us off the cliff.” How telling! Is there any remaining doubt that Obama FBI policy has been pusillanimous denial until denial becomes utterly untenable?

Few, probably, read this blog for real political insight, but here goes anyway: San Bernardino is our Alamo.

It exposes the delusion of our constant government pronouncements on the terrorist threat (Bush’s before Obama’s too. We can only hope that behind the stultifying and pacifying lies was a bit more realism).
It makes me doubt the efficacy of screening Syrian refugees (though I still tend to think that’s one of the hardest ways for a terrorist to enter the U.S.)
It makes me wonder if the many Koranic texts about violent Jihad aren’t themselves a sort of Islamist Terrorist “sleeper cell,” not in any way exegeted into oblivion.

It became much likelier Wednesday that the next President is going to be a Republican, if only because of Republican rhetorical toughness on terrorism and under-restrained immigration. When terror takes center stage, nobody’s paying attention to much else. My own distaste for the whole GOP field today feels more like “isn’t there a pony in this stable somewhere?”

We Christians can understand the frustration and anger that motivate such attacks, for the same secularizing forces have been attacking our faith as well.

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We are a people who believe in human rights, yet are faced with a religious ideology that has no democratic tradition and a history of forcing submission upon others.

Like the struggle against fascism and communism, we will most likely be engaged in this battle of religious ideology for a generation or two. In all truth we can not claim to know God’s will in everything, so must patiently move forward, fighting for liberty and justice.

For Christians the knowledge that our own country has spread her culture of violence, secularism, greed and immodesty throughout the world, is cause to wonder if it is not God’s judgement that we are experiencing.

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When Muslim theologian Ayatollah Baqer al-Sadr has said that, “The world as we know it today is how others shaped it. We have two choices: either to accept it with submission, which means letting Islam die, or to destroy it, so that we can construct a world as Islam requires”, we Christians must wonder what our response should be.

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[T]he answer to these jihadist attacks around the world, as well as the ISIS threat to the Western World, begins with us. We must turn back to God as a nation, and repent as a people.

These radical Muslims see themselves as the righteous, charged by their god to purge the world of evildoers, because they do not distinguish between the paganism or the Christianity of the West, precisely because they believe the former to be part of the latter.

(Abbot Tryphon) The italics indicate the parts that are particularly challenging to me.

I’m starting to think there’s no alternative to fighting back physically, even though I know there’s going to be all kinds of innocent civilian casualties inflicted by both sides, deliberately or not, and even though I have so little respect for what we have become and what we will be defending. I just think that when terrorism is contained, in the dotage of my great-grandchildren, there may be some chance of cleaning up the great American cesspool. I’m not sure we’d ever cast off dhimmitude.

If only we would start that turning back to God, in repentance, as a nation, even as we fight. I see little sign of that, which was my hope after 9/11 but which quickly faded.

The power of the press in America is a primordial one. It sets the agenda of public discussion, and this sweeping political power is unrestrained by any law. It determines what people will talk and think about — an authority that in other nations is reserved for tyrants, priests, parties and mandarins.

(Theodore White, The Making of the President 1972, via Pat Buchanan) Note that this is not the power to tell people what to think, but the power to tell what to think about. The very power to say “this is news,” tacitly excluding all else as topics of common discussion, is the awesome power and it seems to me that it largely remains. Fox and MSNBC may disagree about X, Y & Z, but they agree that X, Y & Z are the news.

The internet has some slight power to break that, and my own tacit motivation in much of what I write is “could we think and maybe talk about this important topic instead of the commercial crap, toxic entertainments and other ephemera mainstream media tell us are newsworthy? I’m not smart enough to figure it out on my own, but it seems to me that it’s important.” This blog installment is exactly that.

I’d like us, for instance, to clean up our culture of violence, secularism, greed and immodesty, whereupon we will automatically cease spreading it throughout the world. But that is not the only gripe the traditionalists of the world, including Islamists, have with us.

The mainstream press seems to think that the problem with Islamic terrorism, now officially homegrown or immigrated legally to the U.S., is that someone will be mean (or worse) to one of the many innocent Muslims in the U.S. I’d like for us to return to the past sensible policy of considering religion in immigration policy, since there’s some reason to think that Muslims are not assimilating as well as other immigrants. They adhere to a religion that from its founding refused to co-exist peaceably and equally with other religions when it gains power to make the rules. It will gain power to make the rules if we admit as many highly-fertile Muslims as has Europe (to do the work of the children we’re not ourselves bearing).

I’m not very sanguine about revival of Christendom, either religious or demographic. I do indeed wonder if it is not God’s judgement that we are experiencing. Muslims are aware that American global hegemony is toxic to Islam and will kill it. American Christians — sincere-ish ones — haven’t even figured out that American public schools are toxic to Christianity and were designed to be, replacing it with America Civic Religion that has proven barely worth the pipe bombs to blow it up.

In the end, this is not “Hatfields verus McCoys,” with no clarity on “who started it.” Islamism was on the march for centuries before Christendom responded with the Crusades, trying to recover Christian holy sites like Jerusalem. Islamdom has been subdued for centuries, but not really pacified.

Traditional peoples, including those of Islamic countries, have much longer memories (and grudges) than amnesiac Americans, and I fear they’re starting to march again.

* * * * *

“In learning as in traveling and, of course, in lovemaking, all the charm lies in not coming too quickly to the point, but in meandering around for a while.” (Eva Brann)

Some succinct standing advice on recurring themes.