Posts Tagged ‘William Barr’
covid-19 – on civil liberties and death in the USA
Canto: So, in the USA, according to today’s Worldometer figures – and it’s not unreasonable to say that these figures are only as reliable as the reporting agencies, and are probably understated – there have been slightly more than 203,000 deaths from covid19 – that’s almost 250 times the number of deaths in Australia, which has one thirteenth of the US population. This is a stark illustration of the USA’s failure to protect itself against this virus, in comparison to some other countries. Maybe this is an unfair comparison, though I honestly don’t see why it would be, but we can make an even more stark comparison. The liberal democracy that is Taiwan, the world’s gold standard in terms of response to covid19, with its population only slightly smaller than Australia’s, has experienced seven deaths so far. So, to compare with the USA, that’s a fourteenth of the population, but the USA has suffered almost 30,000 times more deaths from the virus. Such are the almost unfathomably various degrees of success in dealing with this pandemic. I’ve chosen these more or less opposite ends of the spectrum – and, to be fair, the USA isn’t the shit standard (in comparison to gold), as Brazil’s performance is even worse – in order to reflect on how best to save lives, which is surely what we want to do above all else, as a matter of common humanity.
Jacinta: And our discussion will be based on a statement made by the US Attorney-General, William Barr, who described the current lockdown in the USA as the greatest erosion of civil liberties in the country since slavery. But maybe, as an outstanding humanist, and a follower of the meek and mild Jesus, a supporter of the downtrodden, who told his followers that it is easier for a camel to pass through the eye of a needle than for a rich man to enter the kingdom of God (Matthew 19: 23-26), Barr was speaking positively about the lockdown as a sacrifice that must be made to save lives – especially those of the poor, with whom he so strongly identifies as a follower of the aforementioned Jesus.
Canto: Well, that’s an interesting interpretation, but I think the more straightforward one is that he thinks people should be free to mix and mingle, in spite of the pandemic. In any case I’ve not heard of him wanting to impose any restrictions of any kind, in spite of the covid19 death rate in the country. It would be interesting to know what he makes of the fact that covid19 is disproportionately affecting the poor as well as African-American and Latino communities. He himself is a multi-millionaire, unlike Jesus, and Euro-American, also unlike Jesus. Yet he calls himself a Christian and believes that Judeo-Christian values, whatever they may be, are the basis of civilisation, at least in the USA. I’m not sure if he’s ever sampled any other society.
Jacinta: Which brings us to Taiwan. What is it that has made Taiwan the gold standard in dealing with this pandemic? Is it Christianity, of a different kind from that which the multi-millionaire Barr espouses, in spite of Jesus’ teachings? Or is it a very different, but equally, or more, effective tradition? Did Taiwan even experience a lockdown, of the type that Barr seems to have such strong feelings about?
Canto: So let’s explore Taiwan. in fact it has had a complex and very turbulent history, especially over the past century or so, one that, I’d say, would have made its citizens value their hard-won freedom rather more than those of most nations, including the US. I can’t imagine that these people, who’ve undertaken rebellion after rebellion, would allow their government to take away their ‘civil liberties’ without good reason. They just wouldn’t stand for it.
Jacinta: Could it be that they’re just more educated than ‘Americans’, as to their national interest? And even as to what’s required in dealing with a pandemic? It certainly seems that way.
Canto: In fact last month the US federal health secretary (I didn’t know they had one) was over in Taiwan praising the country’s covid19 response. That was a good thing to see.
Jacinta: Yes and many prominent nations are warming in their relations with Taiwan, not before time, and it’s annoying the Chinese government no end. But on covid19, I suspect many ‘Americans’ will dismiss Taiwan’s success as typical of Asian nations and their collective, ‘sheep-like’ mentality. Clearly, collective pro-community action trumps selfish individualism when it comes to pandemics, but I’m sure Taiwan’s success can’t be explained in such simplistic terms, as the Taiwanese have fought long and hard, against the communists, the Japanese and the Kuomintang, suffering massacre after massacre, to achieve multi-party democracy. So the idea that this is about tough-minded, risk-taking ‘sovereign citizens’ who won’t be pushed around by so-called health experts versus namby-pamby obedient puppets of the state who’re prepared to sacrifice their freedom just for the sake of their lives – well, this is surely a furphy.
Canto: So what do we make of this Barr character? He attacks ‘lock-downs’ – which are simply a needed response to the refusal by so many to wear masks and to practice physical distancing. Sometimes authorities need to clamp down, when so many lives are being lost. Every government, regardless of their place on the political spectrum, has done something to try to reduce the spread of this virus. As would be expected. And this has necessarily impinged on ‘civil liberties’, because there are obviously other priorities. So, again, what point is Barr trying to make?
Jacinta: I can’t honestly say, but it does appear that he’s opposed to lock-downs, so presumably he has other ideas for saving the lives of ‘Americans’, but I’ve no idea what they may be. He’s also said recently that ‘scientists aren’t seers’ and that ‘free people make their decisions through their elected representatives’, which is a little incoherent, because when it comes to epidemics, sensible people should obviously listen to the advice of epidemiologists, especially those who are expert in the disease, virus or pathogen in question, rather than to politicians. You don’t even have to be an adult to realise that.
Canto: Yes, people are free to decide on their own science by popular vote, but if they did, we’d still be living in caves and believing that the earth is flat. Such are the limits of democracy.
Jacinta: So in times like these, the politicians should work with the experts, which is exactly what’s happening in all those countries that have handled covid19 most successfully. It’s notable that when he talks about these freedoms and civil liberties he makes no mention of all the suffering and the deaths in the USA. It somehow doesn’t seem to be relevant to him. What a bizarre, creepy character.
Canto: Well, as a multi-millionaire – and I didn’t realise that politics was such a lucrative business – he very likely lives in one of those gated communities (with the emphasis on the gate rather than the community). Covid19 is disproportionately affecting African-Americans, Latinos, the poor, factory workers, prisons, aged-care facilities. Not really the sort of people you associate with gated communities. So I can only suppose he’s out of touch with much of the suffering. Lock-downs affect people universally – though obviously in different ways, depending on whether you’re in a mansion or a hovel – but the financial elites naturally don’t feel equal to the poor, and their ‘inequality’ is a matter of great pride to them. Barr is being a spokesperson for these types, I think. They’re having to suffer lock-downs because the less privileged are dying. It’s just not fair.
Jacinta: And I just want to add something here about scientists. I’ve met a few of them, and I wish I was one of their number. They don’t pretend to be seers – my experience is that they tend to be nerdy, self-effacing types, not power junkies as many politicians tend to be. They generally tend not to display all the knowledge they have – it often has to be dragged out of them, whereas the worst politicians often claim knowledge they don’t have and like to belittle the knowledge or understanding of their rivals. In this respect, Barr is very much the politician, and little else.
Canto: Yes, and meanwhile the deaths keep piling up in the USA, and at the federal level the scientists are being sidelined by the politicians, the CDC is being stifled, and the world watches on with alarm, disgust and sometimes a smug sense of superiority. It isn’t of course the end of US ascendancy – the states with the most massive weaponry will always be the most powerful – but as to moral authority, that’s fast disappearing. If you leave aside the many non-democracies, which nation is less worthy of respect and emulation than the USA? I can’t think of too many.
Canto: Well, on a more hopeful note, there’s an election coming, and the country may start to redeem itself. But it will take far more than an election to do that, IMHO.
Trumpdagistan: the new fundamentalism
The legitimate powers of government extend only to such acts as are injurious to others, but it does me no injury for my neighbour to say there are twenty gods or no god. It neither picks my pocket nor breaks my leg.
Thomas Jefferson
A recent Point of Inquiry podcast has again turned my attention to what I should now call Trumpdagistan, a more or less dictatorial state that borders Canada and Mexico, which for various reasons I shouldn’t really be concerning myself with, as I live very far from the country and have never had any intention of visiting it, even if I had the means. It just seems to be a kind of ghoulishness on my part, my version of addiction to rotten.com, if that website still exists.
As a completely non-religious person, I’m obviously opposed to any interference of the state by religion, that terribly bad explanation of any and all phenomena. Trumpdagistan, even before it was renamed, was the most religious of all the democratic countries. Their national god is Guard, who guards Trumpdagistan against all evils, including secularism, the world’s primary evil, according to Billy Barr, the dictatorship’s chief toady, who believes that all morality derives from the book of Guard.
Whilst the wanker in the white palace (WWP) is very unlikely to believe in Guard (for his self-obsession is all-consuming but exhausting, as it basically consists of constantly puffing hot air into a balloon full of holes), he recognises the usefulness of a national god in much the same way as every previous dictator has. So he’s happy, indeed delighted, to unleash his toady on secularism and more particularly, secularists. Free-thinkers, in the words of Stephen Dedalus.
The WWP and his toadies have made every effort in their few years of control to create a compliant, Guard-worshipping judiciary, especially at the very top, the Supreme Court. As the Point of Inquiry podcast has pointed out, that court is now stacked with Guard-botherers, more or less bent on overturning the separation between politics and religion, through particular interpretations of the country’s much-worshipped Constitution which somehow bestow a kind of second-class citizenship on secularists. It’s unclear, however, how the Constitution can be so interpreted.
In any case, the WWP’s ‘administration’ has managed to promote two more religious right-wingers to the Supreme Court, for a total of five – just another couple of bricks in the wall, so to speak. The much-worshipped constitution of the former USA actually has very little to say on religion. The first amendment to that constitution, as it pertains to religion, says only this:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
That’s it. It’s since been known as the ‘establishment clause’. The rest of that amendment, also quite brief, deals with freedom of speech, without particular reference to religion. The only possible ambiguity in the above clause is ‘respecting’, which could mean ‘having respect for’ or ‘with respect or reference to’. Neither interpretation suggests that the constitution, or the bill of rights, supports any religion; rather it clearly supports keeping out of religion, or maintaining a separation between religion and law-making. And yet, mischief-making religionists, some of them rather powerful, have tried hard to distort the simple meaning. Take the late unlamented Justice Scalia, who in one forgettable judicial opinion came up with this gem:
The establishment clause permits the disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.
Of course the clause has nothing whatever to do with permitting disregard, it simply avoids permission and prohibition equally. Nothing could be clearer. What Scalia seems to be wanting the clause to say is that the law should disregard and so not protect polytheists, atheists and the like. This defies any serious interpretation.
And so we come to the toady. He’s apparently a catholic, and believes that secularism is the principle cause of the ills that Trumpdagistan is suffering from. Those ills don’t, of course, include white collar corruption, which he avidly supports. To their credit, many other catholics are condemning Barr’s evidence-free claims, but in Barr’s Trumpdagistan, a collection of writings penned many centuries ago by scores of individuals of widely varying views and experience, and known today, at least by some, as the bible, is the only source of morality for all humanity, and will no doubt be installed as the basis of all Trumpdagistani law. All of this is making the WWP very popular, if polls are to be believed, so expect much more of it in the future. What would Thomas Jefferson think?
the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court
Canto: So I’ve read the decision by the Chief Judge of the District Court of Columbia, which waved away the claims of White Palace lawyers, representing their Department of Justice (DOJ), ‘that existing law bars disclosure to the Congress of grand jury information’. Now, neither of us are lawyers, and I’d never heard of a grand jury before being drawn like a ghoul to the disaster of the bullish boy in the White Palace china shop – so reading this decision has been another of those steep learning thingies.
Jacinta: Yes, the grand jury concept does sound very grand, and a bit Olde Worlde, and I’ve discovered that it’s essentially an obsolete British thing, going back to Magna Carta at least, but now fallen into disuse except in two countries, the Grande Olde US of A, and, would you believe, Liberia. They appear to be a blunt tool of government, and another ‘only in America’ thing, almost. Here’s what an Australian academic blog, the conversation, has to say about it:
The main concerns about the process are that it is run by the prosecutor, no judge is involved, jurors are not screened for bias or suitability, the defendant is not present or represented, the prosecutors and grand jurors are prohibited from revealing what occurred, and transcripts of the proceedings are not made available.
So why does it exist at all? Well, it’s made up of ordinary citizens, rather than uppity legal folks – a grand jury consists of 16 to 23 people, unlike the petit jury made up of the standard dozen – so I suppose they thought it more democratic. They have to decide whether there’s enough evidence to charge someone. It’s like a pre-jury jury. But you can surely see from the above quote that it can be easily manipulated. And has been.
Canto: So this Judge Howell had to decide – but her decision isn’t final because it can be appealed, I believe – whether the DOJ was right in claiming that grand jury info (much of it redacted in the Mueller Report) should be handed over to the House Judiciary Committee (HJC).
Jacinta: So it’s a battle between the HJC and the DOJ, and may the best TLA win…
Canto: Judge Howell is in no doubt about the matter. ‘DOJ is wrong’, she writes multiple times in her 75-page judgment, in which she goes back to the findings of the Mueller Report. It’s funny, we’ve read that report but it’s so refreshing to be reminded of all the damning evidence, and the redacted stuff in part 1 which raised so many questions. There’s been so much that’s happened since, or so much that hasn’t happened that should’ve happened, that we’re inclined almost to believe that Mueller’s findings were unable to lay a glove on the White Palace incumbent, when the truth is far more sinister – that the whole US nation seems to have connived in allowing the boy-king to get away with everything, simply because he’s the King.
Jacinta: Well, I’m not sure about the whole nation, but of course you’re right that any nation, or political system I should say, that grants immunity to its all-powerful ruler, elected or not it makes no difference, while he holds the reins of power, is a global disgrace. It’s more or less the definition of a dictatorship. For example, he can’t be held to account if, while in office, he makes an executive decision to declare a state of emergency due to the massive corruption of all his enemies, and to abolish all federal elections forthwith.
Canto: A reductio ad absurdum perhaps, but one probably not far from the boy-king’s mind. In fact, the lad has been ‘joking’ about a third and fifth term. So people need that reductio kind of thinking to see what peril they’re in, seriously. And Judge Howell sees it clearly, as she reminds those who would read her that the boy and his playmates were found to have behaved very naughtily indeed, in a way that undermined the proper functioning of the state in multiple ways, long before the attempted extortion of the Ukrainian Prez.
Jacinta: Judge Howell argued, correctly, that a revisiting of the Mueller Report’s findings were in order for the purpose of deciding about these grand jury redactions. And so, she correctly reminded Americans that the Special Counsel found that links between the Putin dictatorship and the boy-prince’s pre-ascension team were ‘numerous’, and of course there was the Ukraine-Manafort nexus, which is mixed up currently with the lad’s most recent peccadillos. In fact, Her Honour helpfully points out that the then princeling likely knew about Dictator Putin’s assistance toward his ascension, by quoting from the Report:
Manafort, for his part, told the Office that, shortly after WikiLeaks’s July 22 release, Manafort also spoke with candidate Trump [redacted]. Manafort also [redacted] wanted to be kept apprised of any developments with WikiLeaks and separately told Gates to keep in touch [redacted] about future WikiLeaks releases.
According to Gates, by the late summer of 2016, the Trump campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by Wikileaks. [Redacted] while Trump and Gates were driving to LaGuardia Airport. [Redacted], shortly after the call candidate Trump told Gates that more releases of damaging information would be coming.
Canto: Yes, those redactions seem to indicate that the then princeling and his courtiers knew about, encouraged and accepted foreign interference – hardly surprising news, but under the USA’s highly-worshipped Constitution that there’s a rootin-tootin High Crime and Mister Demenour.
Jacinta: But it doesn’t matter because the boy-king has absolute power and can do whatever he likes, he done said it hisself. And apparently there are some powerful American folks, apart from his courtiers, that pretty much agree. The King just has too many responsibilities to be interfered with while in office by such petty matters as criminal charges – which is a pretty obvious problemo, as the King can simply increase his duties, and make them permanent, in order to make himself more immune, for a lifetime.
Canto: So Judge Howell looked at this too, because this apparent immunity hangs by the slender thread of a view held by the DOJ ‘Office of Legal Counsel’ (OLC). Her Honour quotes from the Mueller Report, and adds her own very interesting comments:
“Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,” the Special Counsel “accepted” the DOJ Office of Legal Counsel’s (“OLC”) legal conclusion that “‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’” …. This OLC legal conclusion has never been adopted, sanctioned, or in any way approved by a court.
What I suspect Judge Howell as saying here is, ‘it’s about time a proper court got hold of this OLC ‘legal conclusion’ and subjected it to the proper legal scrutiny it deserves, or very much needs.
Jacinta: She’s also happy to use the term ‘stonewalling’ in describing the DOJ ‘s tactics with regard to these redactions, a stonewalling that continues to this day.
Canto: Yes, and it’ll be interesting to observe the fate of Billy Barr, a principal toadie of the boy-king and Grand Marquis of the DOJ, as these adventures in Toyland play out.
Jacinta: So, overall, Judge Howell’s pretty contemptuous of the DOJ arguments, which she would prefer to call “arguments”, and has been extremely diligent in refuting them from every possible perspective she can think of, with a lot of case law and something of a history lesson regarding the thoughts of James Madison, Alexander Hamilton and others. I’m thinking that not only will we have to bone up on US Federal law (and a lot of other law), we’ll have to read the whole of the US Constitution and the Federalist Papers to get more thrills out of watching this battle between the boy-king and the Constitutionalists (if that’s what it is) play out.
Canto: Yes, and I’ll be even more interested in the aftermath, after the bodies are buried and the blood has been wiped away. Will Americans still want to say that their quasi-dictatorial political system is the greatest in the known universe?
Jacinta: You betcha.
References
Click to access grand.jury.release.opinion.pdf
http://grandjuryresistance.org/grandjuries.html
http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695