Lesson in American values — baseball edition

A lesson to boys and girls who love the NY Yankees and particularly their modest superstar Aaron Judge.  It’s a business, kids.  Don’t get too attached to your favorite player.  Even if he’s a humble, cool giant and almost always gets the big hit when the team needs it, robs somebody of a homerun or throws out a runner at the plate in a close game.  Even if he arrived in the Major Leagues after a career in the Yankees’ minor league system (“farm system”) and has always expressed his desire to play his whole career for the Bronx Bombers.

Judge, a superstar player at the peak of his powers, is going to be a “free agent” at the end of this season, his seventh with the NY York Yankees.  He is having a season for the ages, is the leading candidate for Most Valuable Player in the American League and has added a phenomenal base stealing percentage (16 out of 18) to his major league leading offensive skills (he leads everyone in home runs, RBIs, runs scored, slugging percentage, total bases, WAR, and is in the top ten in batting average).  He is also an excellent defensive player. 

His contract with the Yankees is up, meaning that as soon as the season ends he can test the “market” and get the money his skills command.   The contract he signed a few years ago underpaid him, in terms of today’s ridiculous major league baseball salaries for star players.   Judge is a superstar, and can expect to be offered, at age 30, after a ridiculously great year, the highest contract ever for a baseball player.  When the Yankees did not sign him during Spring Training (ESPN reports: Judge declined the Yankees’ seven-year, $213.5 million extension offer earlier this year and figures to land a more lucrative deal thanks to his potentially record-setting 2022 season) he put thoughts of his future record contract out of his head and put in one of the great baseball seasons of all-time, greatly upping his market value.   

When he asked for a million dollars more than his contract called for, during negotiations before the season, the Yankees made him submit to arbitration where they wound up splitting his claim with what they offered.  Seriously?   As a show of good faith?

It’s a business, kids.  A million bucks is a million bucks.

Rap mogul, billionaire JZ, decided a few years ago to represent baseball players, as a way to make more money.  He was the agent to the stars who told then Hall of Fame-bound Yankees superstar Robbie Cano that the Yankees were disrespecting him by offering him only about $200,000,000 to remain with the team.  Cano repeated this statement about disrespect in the media and signed with the highest bidder, for about $40,000,000 more, on his way to oblivion.   He spent the rest of his declining career probably regretting JZ’s advice, although Agent JZ no doubt grabbed several million more on the additional forty million he negotiated for Cano.  Money talks, yo.

The Yankees president declared recently that Judge is an “all-time Yankee” and that they will be “competitive” in the attempt to keep him on the team.   Don’t be taken in by that PR, kids, another team will offer Judge more money and, in all likelihood, Judge will take it, and kill the Yankees for years to come.   Don’t let this shit break your hearts, kids, it’s a game, but it’s a business.   The business of America, as we all know, is business.   No reason to get sentimental when it comes to the bottom line.  Suck up the heartbreak that your hero can be bought and sold.  It’s the country we live in, kid, it’s what American heroes do (see Robert DeNiro’s classy credit card commercial).

Judge could do a remarkable thing, like take a few million less to remain with his team, but expecting the remarkable is a ticket to disappointment.  Don’t set yourself up for it, kid.

Torture Memo author weighs in on Trump obstruction of justice

It’s been a long time, I think, since I referred to someone here as a piece of shit, fucking or otherwise, but if anyone qualifies it’s tenured professor of constitutional law and former OLC stooge (under VP Dick Cheney) John “Torture Memo” fucking Yoo [1]. Here he is rearing his ugly head which I have spared you in this audio clip, as a legal expert on FOX, to tell Fox Nation that now that the government has the stolen documents back, after only 19 months or so of trying, there should be no further investigation because . . . you figure it out, jerk-offs.

Imagine having this proud fascist as your professor of constitutional law at Berkeley University. Foof!

[1] The genius of the secret torture memo, co-authored by Yoo and now lifetime federal judge Jay Bybee, was using a tortured definition of the word “torture” to make every cruel and inhuman technique simply “enhanced interrogation” unless the pain caused was equivalent to something they randomly pulled out of their assholes — the shutdown of a major organ system in the body.

I watched my father’s liver cancer shut down his liver and finally his kidneys and it was extremely gentle. He had no pain at all, his breathing became more and more shallow and then he was dead.

Side order of incoherence, anyone?

Take the two sides of the “controversy” over unaccountable police killings of unarmed civilians, disproportionately “minority” citizens, in avoidable confrontations that could be deescalated instead of ending in the death of the civilian. You can talk about what actually happened in each of these cases, or you can deny that these cases mean Jack shit, motherfucker.

If you have no worries about making a coherent, persuasive, evidence-based presentation of facts, if you don’t give a rat’s ass about what might be true or what might be demonstrably false and you agree with Mr. Hitler that effective political marketing is equal parts terror and rage, you can contest anything at all. When you do, your outraged fans will be wildly tickled, so it’s win-win, baby.

First, the tragic facts :

George Floyd was murdered, in public, on suspicion of passing a counterfeit twenty, by a policeman who was sentenced to a long prison term for his murder, after a trial that happened because a brave teenager captured the entire murder on her phone’s video camera.  We can see that the calm murderer cop was helped by three colleagues who kept the small crowd at bay and helped subdue the large “suspect” under their knees, while they choked the life out of a handcuffed, prone man who was gasping that he couldn’t breathe and finally calling for his mother, over the span of eight or nine minutes it took for them to kill him.   We know this because we watched George Floyd’s murder on a horrific video that captured every minute of the man’s agonizing slow death at the hands of those who vowed to protect and serve the rest of us. Under those unique conditions, with the filmed proof in hand for all to see, and credible eyewitnesses all telling the identical story under oath, one policeman who murdered one unarmed, non-resisting Black man was indicted, tried and convicted of murder.

Cue the gigantic multi-ethnic crowds, before the indictment, here and in cities all over the world, millions marching during a pandemic, protesting the deadly violence that is spmetimes a first resort for stressed out policemen armed to the teeth and protected by a unique legal immunity and one of the world’s most powerful labor unions.

The proposition of the protests was simple:  it is intolerable for those enforcing the law to routinely murder people (disproportionately Black and brown people) who pose no threat to them because … police have a dangerous and thankless job, or are badly trained, or are sometimes angry assholes who were bullied as kids.   It is never right to kill an innocent young woman in her bed because you suspect there may be a cache of illegal drugs in the apartment, after you break down her door in the dead of night pursuant to a “no knock” warrant.  Or to shoot into a car when the passenger informs the officer he has a legal gun and is producing a permit.   Or in a playground, seconds after arriving on the scene where a Black kid is seen waving a toy gun.  It is a sin that this long, bloody history of unaccountable, deadly state violence against non-threatening persons, going back to the original Slave Patrols, is allowed to continue in our democracy.  With the filibuster (nowhere enumerated in fucking Alito’s sacred constitution) no change is possible to any law that is arguably in controversy with at least 41% of the Senate!

The protests were overwhelmingly peaceful, though there were instances when some in those large crowds, confronted by heavily armed military style anti-riot squads usually only seen during violent civil wars, expressed outrage by breaking windows, overturning cars, burning stores, looting.   There was also probably some “unprovoked” destruction of property.   

The relative rarity of such violence by the George Floyd murder protesters was no problem for defenders of police violence, no matter how misguided, or, frankly (and God forbid we offend anyone) racist.  All you need are a couple of vignettes of “irrationally” angry crowds of Black “sons of bitches” (in the disgraced former president’s earthy language about protesting football players), and their guilty, conscience-stricken “woke” white allies burning cars and buildings, disrespecting the police.

Run the instances of violence on a loop, play them over and over to your frightened, angry audience, insist that no crowd has a right to such anger, except your crowd, because they’re absolutely right to feel rage against some fucking cheating liars who constantly claim your leader is lying — while they steal from you! — because not only are they liars, they are the living embodiment of Satan.  Fucking Satan, who loves the Child Tax Credit, for some reason understood only by old Beelzebub himself.

My favorite part (in the sense of “favorite” as a powerful emetic) is the “liberal” media jumping into the fray to be balanced and neutral.   The New York Times is one the greatest purveyors of this toxic, “objective” neutrality [1].   

Switzerland was neutral during Nazi military aggression, laundering money for the Third Reich and scrupulously not taking sides in the larger dispute known as World War Two.   As a young child I thought, fair enough, they were neutral.   But if you are neutral when one side is intent on exterminating the other, including all civilians and children who look like the other in any conquered land, and silencing anyone who has any complaint about the victorious army’s right to do whatever military might and fanaticism enable them to… well, probably by the time I was ten I understood that in World War Two Switzerland basically sided with Hitler by not taking sides.   The Pope, for his own reasons, made a deal with Hitler also, called the concordat, because the Pope is very fancy.

The incoherence of the reactionary counter narrative is bad, but the seemingly objective, normalizing reporting of the incoherence, as though there are equally good people, equally compelling arguments, on both sides, on every side, is even worse.  It gives a veneer of truth and an air of respectability to arguments that are not even arguments, treating something like “Birtherism” as a disproven or disputed theory rather than calling it what it actually was — a marketing slogan to galvanize racists behind an insane banner based on an angry, racist fantasy of kicking an illegitimate Black liar out of office. 

Propaganda is essential to the rise of any tyrant, and without media amplification of propaganda (with George Floyd’s murder and the protests that followed, the GOP company line is that the protesters were just violent “woke” assholes with no excuse for their outrage much worse than the peaceful Trump rioters of January 6th) the culture cannot be saturated with it and authoritarianism can never take root and flourish.

[1]   Never mind, this article needs its own post, to follow soon.    Meanwhile, here’s the “gift” link for you, if you have stomach acid to spare.  Democrats likely fucked in Georgia, and everywhere, with only selves to blame.

Why the voices of the “opposition” party are so consistently muted, timid and measured, while white racist violence and intimidation, even terrorism intended to ignite further killing and bigger, more consequential hate crimes (like that mass murdering young racist in Buffalo, New York the other day in his online Manifesto) continue unabated, with their promoters screaming around the clock that what you are seeing is not what you are seeing, that they know you are but what are they, that violence by white nationalists is not like violence by unarmed, angry, “woke” protesters, attacking police is “legitimate political discourse” because … and get ready for the unbearable bullshit that follows in a torrent, from a high pressure firehose.  Nazis [2]  never sleep, not a wink.   You going to be Switzerland, or pick a side?

[1]   Never mind, this illustrative article I’m thinking of needs its own post, to follow.    Meanwhile, here’s the “gift” link for you, if you have stomach acid to spare.  Democrats likely fucked in Georgia, and everywhere, with only selves to blame

[2]  Lest you take offense at my use of “Nazi” to describe unquestioning, ambitious followers of a deranged, compulsively lying, hate-filled, easily manipulable, revenge-driven maniac frontman for obscenely wealthy reactionaries (Mr. Trump), consider that the Nazis were around for years before they took power, doing the same street level bullying and public screaming the right wing militias and their elected Republican allies are doing now.   

It was five years after the Nazis took power, at first with the same 39% support that Trump enjoyed throughout his term, and purged leaders of their street fighters in “The Night of the Long Knives”, before the first night of nationally organized mob violence against Jews,Kristalnacht“, and eight long years until the “Final Solution,” the mass killing program for which the Nazis are so rightfully famous, or infamous, as the case may be.  Like the NY Times, I dread to seem one-sided… now back to my fabulous new place in the Hamptons with me!

Joe Manchin casts vote to sink legislating Roe, along with all 50 MAGA senators

John Caldwell Calhoun (March 18, 1782 – March 31, 1850) was an American statesman and political theorist from South Carolina who held many important positions including being the seventh vice president of the United States from 1825 to 1832, while adamantly defending slavery and protecting the interests of the white South. He began his political career as a nationalist, modernizer, and proponent of a strong national government and protective tariffs. In the late 1820s, his views changed radically, and he became a leading proponent of states’ rightslimited governmentnullification, and opposition to high tariffs. He saw Northern acceptance of those policies as a condition of the South remaining in the Union. His beliefs and warnings heavily influenced the South’s secession from the Union in 1860–1861

Remind you of anyone?

In the late 1820s, his views changed radically, and he became a leading proponent of states’ rightslimited governmentnullification, and opposition to high tariffs.

Note on the Book of Irv

As I suggested yesterday, I’d like to get back to rewriting the story of my father into a readable 250 pages (the first draft, which you can see here as it emerged, is about 1,200 pages) but I’ve been unaccountably distracted by the worldwide resurgence of the kind of fascism that always leads to mass murder, after years of brutal repression.   The world’s getting a little appetizer in the deliberate war crimes Trumpie’s pal Putin is committing in a war of unprovoked aggression against the civilians of Ukraine [1].   

The movement we have here has been on the move for decades, pretty much since the New Deal programs began, funding their dozens or hundreds of powerful octopus arms with billions in hereditary wealth, determined to destroy the administrative state, all social programs, and reserve government coercion for poor people who don’t have shit to say about it.  These are the same supremely entitled motherfuckers who are always upset when “entitlements” like Social Security, child labor laws, anti-pollution laws, unemployment insurance, pro-labor and pro-environmental enforcement agencies, governmentsubsidized private health insurance for the old, the poor, a century- belated ruling that segregation is unconstitutional, anti-lynching laws and so forth become the normal expectations of ordinary American citizens.

Globalist is usually right-wing code for “nefarious fucking socialist Jews” (which, as a nefarious fucking socialist Jew, I am allowed to say, happy Passover, y’all) but it applies much more accurately to the global coordination between extreme right wing parties.   When it comes to the international fascist movement, Sloppy Steve Bannon is right there, 100% gung ho, ready to be a muscular martyr for the cause.  Ditto angry Trump confidante Stephen Miller, racist Jeff Sessions’s protege and loyal Trumpist in the bunker with the mad former president.  Furrow-browed Tucker Carlson, TV dinner fortune heir (and the political party Carlson propagandizes for), loves Victor Orban, the Hungarian fascist, and hosted his FOX show in Hungary, a model society for his ilk — why do gays need rights?   Why should I be against Putin, he never called me a bad name?   Why do George Soros and the Clintons hate our freedom so much?   How do we actually know Trump wasn’t cheated, along with the rest of us, in a cleverly rigged election?  Why are Blacks always angrily complaining about unarmed family members being killed by cops when whites never do?    Why do I always pose these hateful things as questions?   Do you want to get sued for directly defamatory, or prosecuted for treasonous, behavior? Do you actually believe my viewers want nuanced answers? Do I not give them answers they already know every night, in the form of leading questions? 

So, yeah, I’m distracted, I don’t know why, keeping one eye on the 50/50 chance we will have our own one party state, bound by a Fuhrer’s Oath of personal loyalty to a compulsive liar and vindictive king of open corruption, where a timid but comparatively decent party bows to the will of violent mobs and submits peacefully to their own public executions.   C’est la vie, I suppose.


Not to say the US didn’t do virtually the identical thing under the aptly named Dick Cheney when it launched a preemptive war, based on lies told over and over to the citizens of the US and the world, against Iraq a few decades back.  How many Iraqi children and old people did we kill, maim, turn into homeless refugees?   We will never have an accurate count of the many thousands our smart and stupid bombs killed or crippled, though the number of brown refugees who fled the brutal “liberation” of Iraq was in the millions.

How we do it here in America

Merrick Garland must be a member of the Academy of Motion Picture Arts and Sciences, the folks who run the prestigious annual awards for actors and those involved in every aspect of high budget film-making. Garland is just less talkative than the others on the board of the Academy Awards.

The Academy today officially announced it will launch an “investigation” into the hard slap in the face to an awards presenter delivered by this year’s best actor, Will Smith, moments before he got a standing ovation from his peers on being awarded top actor honors. Millions worldwide saw the full-body bitch slap delivered live a few days ago (except here in the Land of the Free and the Home of the Brave), followed by an impressive display of verbal toxic masculinity, and anyone can see it in perpetuity on various platforms, but, you know, as the Academy must have reasoned, we have to follow the facts, and the law, and protocol, and ensure due process for everybody so that the rights of all are protected and to show that all wealthy celebrities are equal, under our laws, bylaws and customs. This is America, the land of fair and impartial investigations (right, Merrick?).

God bless these incorruptible United Shayssssh.

As if yet another reminder was needed

In yet another reminder that Jeff Bezos is among the four or five biggest pieces of human shit walking the planet today, the reason I had to construct the little two cropped shot  collage of the headline and the caption of the picture of Amy Coney Barrett in the previous post (instead of the perfectly lined up screen shot I was ready to snap when Bezos’s indomitable ad popped up) is that Jeff Bezos, pioneer in radical ads that you can’t make go away by clicking the X, ads that you have to wait for while they play in their entirety, undefeatable fuck you ads immediately forming an unstoppable loop on your phone and you can’t fucking get rid of them, blocked the top third of my screen.

You know Bezos needs the money, because being the second richest guy ever to live is never going to be enough for a malignant  fucking tumor like Bezos. We must remember the terrible pressure on people like Bezos everyday in the highly competitive circles in which they run with their fellow psychopathically greedy winners. Take care not to tax them!

A Note on my Denial

The terrible thing lately about my desire to avoid having to fight over trifles is that
I’m even procrastinating about things like calls to merchants where I have credits of hundreds of dollars because I don’t want to fucking hear:

“well sir, under corporate policy you needed to redeem all credit within 90 days, which has expired by one year, as you can plainly see, so you will have to talk to corporate if you have a problem.”

And I go “I thought I was talking to fucking corporate”

And they’ll say “no, corporate is corporate and we’re customer service, there’s no direct connection. We have no authority over corporate, we can’t connect you with corporate, our system doesn’t allow it, so you have to call corporate directly because that’s corporate policy, sir.”

And the galling thought of that likely conversation with an otherwise nice, completely powerless kid makes me go fuck no, not today, you fucking corporate Nazi fucks

Though history teaches us that in the end Nazis will lose, while they are in the ascendancy they can make life very, very bitter. As we can see with just a glance in any direction.

Get ready for the next principled filibuster, cucks

In a nation that, according to many good Christians, has never practiced racism, of any kind, making a federal law against racist or ethnic murder by lynching, is completely unnecessary. This was the position of the Dixiecrats, southerners who hated Lincoln so much that they would never vote Republican, for a century, now taken up by the Grand Old Party, which turned the South solidly red, after LBJ’s betrayal of White Supremacy. Nary a racist among these wealthy conservative white men.

Makes me want to fucking holler that they are still debating this in 2022, and that the party of Trump will as likely as not filibuster it to cut off debate, like their Klan forebears did, whenever it came to the Senate in the past, for a vote to make an anti-lynching bill the law of the land.

What next from these radicals and scalawags in the House, a federal law legalizing Critical Race Theory? So-called Voting Rights?

What is a lie?

This is now a legitimate, and urgent, question. It is related to “what is a crime?” The answer to both questions is, in a phrase a popular law professor taught all his students to say first “it depends”. The answer to both questions in the USA, after years of heartily advertised lies — smoking is perfectly safe, burning fossil fuels is perfectly good for the environment, Oxycodone has a magically low risk of addiction, being in a rage all the time is good for your health, never apologizing is a sign of strength — is that as a society we’ve come to accept many knowing lies as possibly true. After all, why would Exxon or Dick Cheney, or the philanthropic Sackler family, or autocratic multi-billionaire Charles Koch lie?

Boof Kavanaugh’s presumably adoring mother provided her hyper-ambitious only child a good framework for evaluating the truth or falsity of claims that come before a judge: “Use common sense, what smells OK, what smells funny, who stands to gain by the claim?” (Martha Kavanaugh is quoted as saying ““Use your common sense. What rings true. What rings false.” which is a slightly weaker vanilla formulation of what I recall Boof saying, I’ll give the former Montgomery County civil court judge the benefit of the doubt here) It’s a pretty good guide for spotting truth or lies, especially if you include “who stands to gain by the claim”. That seems to me the key consideration when listening to a statement that rings a little iffy.

If you go through a large sum of money, quickly and without any apparent cause, someone might conclude you have a gambling problem. It’s not an unreasonable theory to account for blowing through a pile of cash in an otherwise unexplainable manner. If you are pressed by a family member on the loss of the money, and that family member assumes you have a gambling problem, you will need to say something convincing. You press forward tentatively at first, explaining that you had many unforeseen expenses, such as blah, blah and blah, and had borrowed money you had to repay, which necessitated borrowing more money, which meant you spent more of your own money than you’d planned… if the family member seems amenable to these absurdist explanations you clinch the thing by looking her in the eyes and saying “I do not have a gambling problem.” To disprove the lie, you’d have to find the guy’s bookie, or betting slips, or credit card charges at a gambling parlor. Otherwise, who are you going to believe your wild hunch or my sincere explanation about why your wild hunch is completely wild?

We are now living in the Age of Justifiable Lying, you might say. Lying is seen by millions of our fellow Americans as a purely transactional act, part of the price of doing business, if you like. For the first time in American history a losing candidate (of one party) now routinely doesn’t accept the results, charging voter fraud as the cause of their defeat. Glenn Youngkin won a close governors race in Virginia by about 70,000 votes. His Democratic opponent, seeing the margin was insurmountable, conceded Youngkin’s victory. The same margin decided the race in New Jersey, but the Republican refused to concede for days, making noises about likely fraud, until he blinked and finally conceded defeat.

This refusal to bow to so-called reality, of course, comes directly from the man currently in charge of the Grand Old Party. Trumplethinskin [1] announced in the lead up to his reelection loss to Biden that the only way Biden could beat him would be by cheating. The subtext was that urban voters, in areas where coloreds and whites interact daily on a level perhaps not seen in rural areas, where the real American Volk live, are inherently corrupt, hate America and the good old days, are too “woke” to see how wrong they are about everything. So if you give “urban” votes the same weight as rural votes you will never have true democracy in this country and the place will go openly Communist and white people will be put on trial for things like innocently killing Black people because they have a reasonable and legitimate fear of them.

People like me keep pointing at the evidence that there has never been widespread voter fraud in this country. Partisans like the creepy Hans von Spakovsky have made a career of hunting down voter fraud, fancying themselves warriors for justice, modern day Simon Weisenthals. Spakovsky has found virtually no fraud, ever, and you can see his paltry findings in the database of voter fraud he has been compiling, going back decades. You can point at all the evidence you like, but if the lie has more appeal to you, confirms your worldview, then the so-called lack of evidence is just more evidence of fraud.

When evaluating a claim and deciding whether it is true, it often feels better, and is much easier, to go by your gut than by sifting through conflicting evidence and weighing both sides like some kind of scientist. This gut feeling of truth is the essence of the “confirmation bias” we tend to believe anything that confirms what we already believe. It does not negate the importance of facts and reasoned argument based on fact, of course, but at the same time it often clearly does. Try parsing that one.

Here is the recent statement of facts Judge Tanya Chutkan wrote to put her decision about the former president’s right to hide anything that could irreparably harm him (say by subjecting him to criminal liability for planning and inciting a violent attack to stop the certification of votes and overturn the election).

While not material to the outcome, some factual background on the events leading up to and including January 6, 2021, offers context for the legal dispute here. In the months preceding the 2020 presidential election, Plaintiff declared that the only way he could lose would be if the election were “rigged.” See, e.g., Donald J. Trump, Speech at Republican National Convention Nomination Vote at 22:08 (Aug. 24, 2020) in C-SPAN, https://www.c-span.org/video/?475000- 103/president-trump-speaks-2020-republican-national-convention-vote.

In the months after losing the election, he repeatedly claimed that the election was rigged, stolen, and fraudulent. For example, in a December 2 speech, he alleged “tremendous voter fraud and irregularities” resulting from a late-night “massive dump” of votes. See President Donald J. Trump, Statement on 2020 Election Results at 0:39, 7:26 (Dec. 2, 2020) in C-SPAN, https://www.cspan.org/video/?506975-1/president-trump-statement-2020-election-results. He also claimed that certain votes were “counted in foreign countries,” that “millions of votes were cast illegally in the swing states alone,” and that it was “statistically impossible” he lost. Id. at 12:00, 14:22, 19:00.

After losing the election, Plaintiff and his supporters filed a plethora of unsuccessful lawsuits seeking to overturn the results. See, e.g., Current Litigation, AMERICAN BAR ASSOCIATION: STANDING COMMITTEE ON ELECTION LAW, Apr. 30, 2021, https://www.americanbar.org/groups/public_interest/election_law/litigation/.

The United States Supreme Court also denied numerous emergency applications aimed at overturning the results. Id. In response, Plaintiff tweeted that the Court was “totally incompetent and weak on the massive Election Fraud that took place in the 2020 Presidential Election.” Donald J. Trump (@realDonaldTrump), TWITTER (Dec. 26, 2020, 1:51 PM), https://www.presidency.ucsb.edu /documents/tweets-december-26-2020.

He continued his claim that “We won the Presidential Election, by a lot,” and implored Republicans to “FIGHT FOR IT. Don’t let them take it away.” Id. (Dec. 18, 2020, 2:14 PM), https://www.presidency.ucsb.edu/documents/tweets-december-18- 2020. A Joint Session of Congress was scheduled to convene on January 6, 2021, to count the electoral votes of the 2020 presidential election and to officially announce the elected President, as required by the Twelfth Amendment to the U.S. Constitution and the Electoral Count Act.

In the days leading up to January 6, Plaintiff began promoting a protest rally to take place hours before the Joint Session convened. On December 19, 2020, he tweeted “Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!” Donald J. Trump (@realDonaldTrump), TWITTER (December 19, 2020, 6:42am), https://www.presidency.ucsb.edu/documents/tweets-december-19-2020.

During a rally, he warned that “Democrats are trying to steal the White House . . . you can’t let that happen. You can’t let it happen,” and promised that “[w]e’re going to fight like hell, I’ll tell you right now.” See Donald J. Trump, Remarks at Georgia U.S. Senate Campaign Event at 8:40, 14:19 (Jan. 4, 2021) in Campaign 2020, C-SPAN, https://www.c-span.org/video/?507634-1/president-trumpcampaigns-republican-senate-candidates-georgia.

On January 6, Plaintiff spoke at the rally at the Ellipse, during which he repeated claims, rejected by numerous courts, that the election was “rigged” and “stolen”; urged then Vice President Pence, who was preparing to convene Congress to tally the electoral votes, “to do the right thing” by rejecting certain states’ electors and declining to certify the election for President Joseph R. Biden; and told protesters to “walk down to the Capitol” to “give them the kind of pride and boldness that they need to take back our country,” “we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore,” and “you’ll never take back our country with weakness.” See Donald J. Trump, Rally on Electoral College Vote Certification at 3:33:04, 3:33:36, 3:37:20, 3:47:02, 3:47:22, 4:42:26, 4:41:27 (Jan. 6, 2021) in Campaign 2020, C-SPAN, https://www.c-span.org/video/?507744-1/rally-electoral-collegevote-certification.

Shortly thereafter, the crowds surged from the rally, marched along Constitution Avenue, and commenced their siege of the Capitol. 


The only way to refute this well-documented statement of fact is to angrily denounce this federal judge as a partisan fucking liar, an obvious BLM terrorist-sympathizer and Trump hater who was not even born in this country! That argument will fly with about 39% of the population, those who believe it’s “common sense” to administer Texas justice to a traitor like fucking Mike Pence.

Here’s Martha Kavanaugh, watching them attempt to crucify her innocent and totally nonpartisan son:

[1] tip of the yarmulke to Stephanie Miller