Pardon, your liege, may we have egg on our faces?

Updates

  1. Originally published, June 30, 12:17 pm.
  2. June 30, 12:50 pm:
    • Utterly unsurprisingly, the European Union has decided not to open its borders to non-essential travel from the United States.[1]
  3. June 30, 11:14 pm:
    • Senate testimony given by Anthony Fauci and other experts pretty much confirms what we already knew, that the U.S. is going in the wrong direction on the COVID-19 pandemic because people aren’t doing what they’re supposed to do. And the spikes in some states endanger the rest.[2]

In case you missed it, there were more updates last night.


Uyghurs

There is a relatively short new blog post entitled, “Genocide.” I see it’s gotten two hits from China already. Maybe I should start talking about Hong Kong, too.[3]

Associated Press, “China cuts Uighur births with IUDs, abortion, sterilization,” June 29, 2020, copy in possession of author.

Hong Kong

Clare Jim and Yew Lun Tian, “China passes national security law in turning point for Hong Kong,” Reuters, June 30, 2020, https://www.reuters.com/article/us-china-hongkong-security/china-passes-national-security-law-in-turning-point-for-hong-kong-idUSKBN241061


International Criminal Court

The lawyers who want Donald Trump to rescind his sanctions against the International Criminal Court[4] may get to keep their law licenses but not much else. Regarding the Uyghurs and according to John Bolton:

China was also busily repressing ethnic minorities—in Tibet, for example—as it had been doing for decades. Beijing’s repression of the Uighurs also proceeded apace. [Donald] Trump asked me at the 2018 White House Christmas dinner why we were considering sanctioning China because of its treatment of the Uighurs, a non-Han Chinese, largely Muslim people, who lived primarily in China’s northwest Xinjiang Province. Ross had warned me that morning Trump didn’t want sanctions because of the China trade negotiations. The issue of the Uighurs had been wending its way through the NSD process, but it was not yet ready for decision. It only got worse. At the opening dinner of the Osaka G20 meeting, with only interpreters present, Xi [Jinping] explained to Trump why he was basically building concentration camps in Xinjiang. According to our interpreter, Trump said that Xi should go ahead with building the camps, which he thought was exactly the right thing to do. Pottinger told me Trump said something very similar during the 2017 trip to China, which meant we could cross repression of the Uighurs off our list of possible reasons to sanction China, at least as long as trade negotiations continued.[5]

Though he denies having given Xi Jinping a green light to build the concentration camps, Trump has pretty much confirmed that his emphasis was on a trade deal.[6]

Asked why he hadn’t yet enacted Treasury sanctions against Chinese Communist Party officials or entities tied to the camps where the Chinese government detains Uighurs and other Muslim minorities, [Donald] Trump replied, “Well, we were in the middle of a major trade deal.”[7]

So um, lawyers, the International Criminal Court has some issues, like colonialism and the fact that it functions under a paradigm of justice reduced to law, but understand I’m more in favor of it than I am against it. Trump, on the other hand, cares about trade and doesn’t give a fuck about your concerns or mine. Which means, because you know and I know you can’t do a damn thing about it, your letter amounts to egg on your faces.

Ellen Nakashima and Carol Morello, “Lawyers urge Trump to rescind sanctions and travel bans for International Criminal Court,” Washington Post, June 29, 2020, https://www.washingtonpost.com/national-security/lawyers-urge-trump-to-rescind-sanctions-and-travel-bans-for-international-criminal-court/2020/06/29/0ef0c476-ba15-11ea-86d5-3b9b3863273b_story.html


Pandemic

Laurence Norman, “EU to Remain Closed to U.S. Travelers as Borders Open Up,” Wall Street Journal, June 30, 2020, https://www.wsj.com/articles/eu-opens-up-to-some-travelers-but-not-americans-11593524652


  1. [1]Laurence Norman, “EU to Remain Closed to U.S. Travelers as Borders Open Up,” Wall Street Journal, June 30, 2020, https://www.wsj.com/articles/eu-opens-up-to-some-travelers-but-not-americans-11593524652
  2. [2]Meg Wagner et al., “Fauci, Redfield testify on Covid-19 reopening as cases rise,” CNN, June 30, 2020, https://www.cnn.com/webview/politics/live-news/covid-19-school-work-reopening-testimony-06-30-20/h_cc7cf09eae87064e72f75af30984acd3
  3. [3]Clare Jim and Yew Lun Tian, “China passes national security law in turning point for Hong Kong,” Reuters, June 30, 2020, https://www.reuters.com/article/us-china-hongkong-security/china-passes-national-security-law-in-turning-point-for-hong-kong-idUSKBN241061
  4. [4]Ellen Nakashima and Carol Morello, “Lawyers urge Trump to rescind sanctions and travel bans for International Criminal Court,” Washington Post, June 29, 2020, https://www.washingtonpost.com/national-security/lawyers-urge-trump-to-rescind-sanctions-and-travel-bans-for-international-criminal-court/2020/06/29/0ef0c476-ba15-11ea-86d5-3b9b3863273b_story.html
  5. [5]John Bolton, The Room Where It Happened (New York: Simon and Schuster, 2020), 312.
  6. [6]Jonathan Swan, “Exclusive: Trump held off on Xinjiang sanctions for China trade deal,” Axios, June 21, 2020, https://www.axios.com/trump-uighur-muslims-sanctions-d4dc86fc-17f4-42bd-bdbd-c30f4d2ffa21.html
  7. [7]Jonathan Swan, “Exclusive: Trump held off on Xinjiang sanctions for China trade deal,” Axios, June 21, 2020, https://www.axios.com/trump-uighur-muslims-sanctions-d4dc86fc-17f4-42bd-bdbd-c30f4d2ffa21.html

Franklin Delano Roosevelt’s Economic Bill of Rights and a slight revision to my simple definition of fascism

Pandemic

Megan Guza, “Beaver County among 12 more moving to Pennsylvania’s yellow phase,” TribLive, May 15, 2020, https://triblive.com/local/regional/beaver-county-among-12-more-moving-to-pennsylvanias-yellow-phase/


Fascism

There is a rather substantive update to “A simple definition of fascism.” The change to the definition itself is almost, but not quite, trivial, and I draw it from the State of the Union Address in which Franklin Delano Roosevelt laid out his Economic Bill of Rights.[1] The relevant portion of that speech is worth excerpting:

It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace and the establishment of an American standard of living higher than ever before known. We cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth- is ill-fed, ill-clothed, ill housed, and insecure.

This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.

As our Nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.

We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.

In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all regardless of station, race, or creed.

Among these are:

The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being.

America’s own rightful place in the world depends in large part upon how fully these and similar rights have been carried into practice for our citizens. For unless there is security here at home there cannot be lasting peace in the world.

One of the great American industrialists of our day—a man who has rendered yeoman service to his country in this crisis-recently emphasized the grave dangers of “rightist reaction” in this Nation. All clear-thinking businessmen share his concern. Indeed, if such reaction should develop—if history were to repeat itself and we were to return to the so-called “normalcy” of the 1920’s—then it is certain that even though we shall have conquered our enemies on the battlefields abroad, we shall have yielded to the spirit of Fascism here at home.[2]

For those whom Roosevelt is yet one more name in a fog of history, Roosevelt got us into World War II, against Nazi Germany, Italy, and Japan, immediately following the Japanese attack on Pearl Harbor. This is the war to which he refers. And “the so-called ‘normalcy’ of the 1920’s” precedes the New Deal which has been eviscerated under neoliberalism. Charles Reich wrote of the capitalist libertarian impulse that became neoliberalism once in power:

Every step the New Deal took encountered the massive, bitter opposition of Consciousness I people. They found their world changing beyond recognition, and instead of blaming the primary forces behind that change, they blamed the efforts at solving problems. They totally lacked the sophistication necessary to see that a measure such as the Wagner Act might be redressing an existing oppression rather than creating oppression. The businessmen who were the most vocal in their opposition had a pathological hatred of the New Deal, a hatred so intense and personal as to defy analysis. Why this hatred, when the New Deal, in retrospect, seems to have saved the capitalist system? Perhaps because the New Deal intruded irrevocably upon their make-believe, problem-free world in which the pursuit of business gain and self-interest was imagined to be automatically beneficial to all of mankind, requiring of them no additional responsibility whatever. In any event, there was a large and politically powerful number of Americans who never accepted the New Deal even when it benefited them, and used their power whenever they could to cut it back.[3]

In Roosevelt’s day, this opposition was so extreme as to lead to an attempt to organize a coup against him.[4] It is also worth noting that the International Covenant of Economic, Social, and Cultural Rights, adopted and, to this day, ratified by all but a very small number of countries (the U.S. has signed but not ratified this treaty), in the immediate post-war period goes even further.[5]
The revised definition is this:

Fascism is an ideology that seeks to institutionalize structural and physical violence against some or many subaltern groups on the grounds of bigotry and to increase its own public support through the exploitation of such violence and bigotry. This bigotry may take several forms including nationalism, scapegoating, sexism, racism, classism, homophobia, transphobia, etc. To the extent that it succeeds, it acts as a self-reinforcing feedback as public support enables further and more extreme violence.[6]

The change is in the addition of a single word, classism, to the examples of bigotry listed. The idea really remains the same.


  1. [1]Franklin Delano Roosevelt, “State of the Union Message to Congress, January 11, 1944,” Franklin D. Roosevelt Presidential Library and Museum, n.d., http://www.fdrlibrary.marist.edu/archives/address_text.html
  2. [2]Franklin Delano Roosevelt, “State of the Union Message to Congress, January 11, 1944,” Franklin D. Roosevelt Presidential Library and Museum, n.d., http://www.fdrlibrary.marist.edu/archives/address_text.html
  3. [3]Charles A. Reich, The Greening of America (New York: Crown, 1970), 56-57.
  4. [4]George Seldes, 1000 Americans: The Real Rulers of the U.S.A. (New York: Boni and Gaer, 1948; Joshua Tree, CA: Progressive, 2009).
  5. [5]International Covenant on Economic, Social and Cultural Rights, December 16, 1966, United Nations, General Assembly resolution 2200A (XXI), https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx; United Nations, “Ratification Status: International Covenant on Economic, Social and Cultural Rights,” January 15, 2019, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&lang=en
  6. [6]David Benfell, “A simple definition of fascism,” Not Housebroken, May 16, 2020, https://disunitedstates.org/2019/07/06/a-simple-definition-of-fascism/

Communicable diseases might not, after all, be protected by the First Amendment

Updates

  1. Originally published, May 5, 10:04 pm.
  2. May 6, 5:34 am:
    • I see some of my phrasing was unclear and inadequate. I have attempted to rectify it.
    • I can’t say if William Gumede is right or if he is wrong. He warns of a serious economic depression. He warns of authoritarianism, nationalism, and xenophobia. He does not present an argument I recognize from premises and evidence but mostly only conclusions. That said, there’s a lot going wrong in this situation and there is cause for grave concern, including that which he states, some of which is indeed already under way. His point would be that all this is getting worse.[1] And I still see absolutely no reason for optimism.

Pandemic

It appears that communicable diseases might not, after all, be protected by the First Amendment.[2] Meanwhile,

As President Trump presses states to reopen their economies, his administration is privately projecting a steady rise in coronavirus infections and deaths over the next several weeks, reaching about 3,000 daily deaths on June 1 — nearly double the current level.[3]

Aggressive moves to reopen the economy fail to account for that new strain of the novel coronavirus that may be more contagious and may be capable of infecting people who’ve already suffered the earlier strain.[4] And, in the absence of a vaccine or cure, they rely on “herd immunity,” which 1) might not exist, and 2) if it exists, may diminish over time or only be partial.[5] But hey, capitalist god, human sacrifice, all that.[6]

That said, I’m continuing to see an increase in traffic in Pittsburgh. The lockdown simply isn’t holding and I very strongly doubt it’s all poor people going back to work.

William Gumede, “The impact of coronavirus could compare to the Great Depression,” Al Jazeera, May 3, 2020, https://www.aljazeera.com/indepth/opinion/impact-coronavirus-compare-great-depression-200420070542882.html

Sheryl Gay Stolberg and Eileen Sullivan, “As Trump Pushes to Reopen, Government Sees Virus Toll Nearly Doubling,” New York Times, May 4, 2020, https://www.nytimes.com/2020/05/04/us/politics/trump-coronavirus-death-toll.html

Sam Stanton, “Judge rejects Lodi church’s bid to resume in-person services, says California order legal,” Sacramento Bee, May 5, 2020, https://www.sacbee.com/news/local/crime/article242512621.html


Gig economy

Courts are capricious, but given an existing California State Supreme Court decision,[7] I honestly don’t see how California loses its lawsuit to force Uber and Lyft to classify drivers as employees[8] under a law meant to enshrine that decision.[9]

Tim Higgins, “California Sues Uber, Lyft Saying They Misclassified Drivers as Independent Contractors,” Wall Street Journal, May 5, 2020, https://www.wsj.com/articles/california-to-sue-uber-lyft-saying-they-misclassified-drivers-as-independent-contractors-11588700626


  1. [1]William Gumede, “The impact of coronavirus could compare to the Great Depression,” Al Jazeera, May 3, 2020, https://www.aljazeera.com/indepth/opinion/impact-coronavirus-compare-great-depression-200420070542882.html
  2. [2]Sam Stanton, “Judge rejects Lodi church’s bid to resume in-person services, says California order legal,” Sacramento Bee, May 5, 2020, https://www.sacbee.com/news/local/crime/article242512621.html
  3. [3]Sheryl Gay Stolberg and Eileen Sullivan, “As Trump Pushes to Reopen, Government Sees Virus Toll Nearly Doubling,” New York Times, May 4, 2020, https://www.nytimes.com/2020/05/04/us/politics/trump-coronavirus-death-toll.html
  4. [4]Ralph Vartabedian, “Scientists have identified a new strain of the coronavirus that appears to be more contagious,” Los Angeles Times, May 5, 2020, https://www.latimes.com/california/story/2020-05-05/mutant-coronavirus-has-emerged-more-contagious-than-original
  5. [5]Christie Aschwanden, “Sorry, Immunity to Covid-19 Won’t Be Like a Superpower,” Wired, April 16, 2020, https://www.wired.com/story/sorry-immunity-to-covid-19-wont-be-like-a-superpower/; David Benfell, “Don’t bet on ‘herd immunity,’” Not Housebroken, April 20, 2020, https://disunitedstates.org/2020/04/18/dont-bet-on-herd-immunity/
  6. [6]David Benfell, “The capitalist death cult,” Not Housebroken, March 27, 2020, https://disunitedstates.org/2020/03/27/the-capitalist-death-cult/; David Benfell, “An impatient capitalist god demands human sacrifice. Now,” Not Housebroken, April 17, 2020, https://disunitedstates.org/2020/04/15/an-impatient-capitalist-god-demands-human-sacrifice-now/; David Benfell, “I fear for our world,” Not Housebroken, April 17, 2020, https://disunitedstates.org/2020/04/09/i-fear-for-our-world/; David Benfell, “Don’t just say #COVIDIOTS,” Not Housebroken, April 19, 2020, https://disunitedstates.org/2020/04/19/dont-just-say-covidiots/; David Benfell, “When confusion starts killing people, it is long past time to recognize it for what it is,” Not Housebroken, April 21, 2020, https://disunitedstates.org/2020/04/21/when-confusion-starts-killing-people-it-is-long-past-time-to-recognize-it-for-what-it-is/; Joe Lowndes, “The Morbid Ideology Behind the Drive to Reopen America,” New Republic, April 30, 2020, https://newrepublic.com/article/157505/morbid-ideology-behind-drive-reopen-america
  7. [7]University of California, Hastings College of the Law, “UC Hastings Professor, Academic Leaders Call for Support of AB5,” August 26, 2019, https://www.uchastings.edu/2019/08/26/uc-hastings-professor-academic-leaders-call-for-support-of-ab5/
  8. [8]Tim Higgins, “California Sues Uber, Lyft Saying They Misclassified Drivers as Independent Contractors,” Wall Street Journal, May 5, 2020, https://www.wsj.com/articles/california-to-sue-uber-lyft-saying-they-misclassified-drivers-as-independent-contractors-11588700626
  9. [9]Alexia Fernández Campbell, “California is cracking down on the gig economy,” Vox, May 30, 2019, https://www.vox.com/policy-and-politics/2019/5/30/18642535/california-ab5-misclassify-employees-contractors; Nathan Heller, “A New California Law Takes Aim at Uber and Lyft,” New Yorker, September 12, 2019, https://www.newyorker.com/news/letter-from-silicon-valley/a-new-california-law-takes-aim-at-uber-and-lyft

Yeah, we’re just killing people

There is a new blog post entitled, “Anarchism, speech, and democracy.”


Pandemic

When I looked this evening, New York City had exceeded 6,300 deaths from COVID-19,[1] well over double the toll from the 9/11 attacks. Nationally, the toll is now the highest of any country in the world. “The actual number of cases is likely higher, experts say, due to lack of widespread testing, false negatives and differences in reporting standards.”[2]

Meanwhile, my skepticism about the effectiveness of “stay at home” orders is increasing. As I’m out driving for Lyft (I haven’t worked for Uber in a while now), I’m seeing more people out, pretty much everywhere I go, among people of every race, in every neighborhood. Traffic, while still far below the usual Pittsburgh unbelievably horrible, is increasing. While some of these trips are surely necessary—I saw a line outside a Trader Joe’s stretched down the block—I think people really just can’t sustain this and we perhaps really ought to be considering how, if we can’t manage to stay in our relatively comfortable homes, we expect prisoners to remain incarcerated without some serious mental health effects for, in some cases, decades.

Eugene Scott, “4 reasons coronavirus is hitting black communities so hard,” Washington Post, April 10, 2020, https://www.washingtonpost.com/politics/2020/04/10/4-reasons-coronavirus-is-hitting-black-communities-so-hard/

Jennifer Levitz, Mike Cherney, and Daniel Michaels, “U.S. Coronavirus Death Toll Passes Italy, Becoming World’s Highest,” Wall Street Journal, April 11, 2020, https://www.wsj.com/articles/health-officials-plead-for-public-to-observe-a-locked-down-easter-11586592822


  1. [1]Center for Systems Science and Engineering, “Coronavirus COVID-19 Global Cases,” April 11, 2020, Johns Hopkins Universityhttps://coronavirus.jhu.edu/map.html
  2. [2]Jennifer Levitz, Mike Cherney, and Daniel Michaels, “U.S. Coronavirus Death Toll Passes Italy, Becoming World’s Highest,” Wall Street Journal, April 11, 2020, https://www.wsj.com/articles/health-officials-plead-for-public-to-observe-a-locked-down-easter-11586592822

Elon Musk, our rich white knight in shining armor

Elon Musk

There is a new blog post entitled, “Elon Musk, groan, again.”

Tim Higgins, “Elon Musk’s Defiance in the Time of Coronavirus,” Wall Street Journal, March 20, 2020, https://www.wsj.com/articles/elon-musks-defiance-in-the-time-of-coronavirus-11584733458

Jack Morse, “Ventilator manufacturers aren’t impressed by Elon Musk’s offer,” Mashable, March 21, 2020, https://mashable.com/article/experts-doubt-tesla-elon-musk-manufacture-ventilators/

Zachary Shahan, “Elon Musk: Should Have 1000 Ventilators Next Week, + 250,000 N95 Masks For Hospitals Tomorrow,” CleanTechnica, March 21, 2020, https://cleantechnica.com/2020/03/21/elon-musk-should-have-1000-ventilators-next-week-250k-n95-masks-for-hospitals-tomorrow-cleantechnica-exclusive/


Coronavirus

Meanwhile, the Department of Justice is looking for power to, among other things, abrogate habeas corpus.[1] Just so we know where their priorities lie.

Betsy Woodruff Swan, “DOJ seeks new emergency powers amid coronavirus pandemic,” Politico, March 21, 2020, https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023


  1. [1]Betsy Woodruff Swan, “DOJ seeks new emergency powers amid coronavirus pandemic,” Politico, March 21, 2020, https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023

First Amendment, Texas-style

Texas

I guess, from his self-description, that Dan Patrick is the Lieutenant Governor of Texas:

There were a number of replies, some opposed, some opposed on first amendment grounds, some supportive for the usual reasons. But here’s the one that is my reason for highlighting this:

Jaw drops to floor.

Of course, this is only one side of the dilemma. It is one thing to assert free speech rights against police who so often follow structural violence with the physical sort, indeed who implicitly threaten it by their very presence as the sole members of our society authorized and equipped to use even lethal force against other members of that same society. It is another when “free speech” is used to intimidate, to silence dissenting views of subaltern people. Between these two vertices lies a vast grey area.

I have a number of reasons for being grumpy. Lacking not merely a pat answer, but really any answer at all is one of them.


Bolivia

The Bolivian elections may not have been fraudulent after all—and the accusation of fraud may be a warm-up for similar claims when progressives win elections in the U.S.:[1]

Under the OAS criteria for fraud, it’s possible that U.S. elections in which votes [for example, provisional ballots] that are counted later tend to lean Democratic might also be classified as fraudulent. Of course, electoral fraud is a serious problem, but relying on unverified tests as proof of fraud is a serious threat to any democracy.[2]

John Curiel and Jack R. Williams, “Bolivia dismissed its October elections as fraudulent. Our research found no reason to suspect fraud,” Washington Post, February 27, 2020, https://www.washingtonpost.com/politics/2020/02/26/bolivia-dismissed-its-october-elections-fraudulent-our-research-found-no-reason-suspect-fraud/


Migration

Maria Sacchetti and Nick Miroff, “President Trump’s ‘Remain in Mexico’ policy blocked in federal court,” Washington Post, February 28, 2020, https://www.washingtonpost.com/immigration/trump-remain-in-mexico-halted-federal-court/2020/02/28/87bbf85e-e481-11e9-b403-f738899982d2_story.html


  1. [1]John Curiel and Jack R. Williams, “Bolivia dismissed its October elections as fraudulent. Our research found no reason to suspect fraud,” Washington Post, February 27, 2020, https://www.washingtonpost.com/politics/2020/02/26/bolivia-dismissed-its-october-elections-fraudulent-our-research-found-no-reason-suspect-fraud/
  2. [2]John Curiel and Jack R. Williams, “Bolivia dismissed its October elections as fraudulent. Our research found no reason to suspect fraud,” Washington Post, February 27, 2020, https://www.washingtonpost.com/politics/2020/02/26/bolivia-dismissed-its-october-elections-fraudulent-our-research-found-no-reason-suspect-fraud/