COMPLEXITY: Our dueling nations process the verdict!

FRIDAY, MAY 31, 2024

Red and Blue—and you: As a general matter, thought leaders in Red America have offered one set of reactions to yesterday's verdicts.

As a general matter, thought leaders in Blue America have said vastly different things.

This morning, we've noted the very occasional points of agreement. One example:

On Morning Joe, Joe Scarborough seemed to say that, in his assessment, it's conceivable that yesterday's verdicts won't survive the expected appeal. He also said that, in his opinion, it's possible that this particular case never should have been brought! 

In Red America, thought leaders have widely said that the now-concluded trial featured a high volume of "reversible error." In the comments we'll link you to later, Scarborough seemed to be in some agreement with that widely stated view.

Such moments of glancing, partial agreement have been few and far between. We're now living in two Americas—Red and Blue. 

Depending on which country you inhabit, you hear vastly different sets of facts, lodged in vastly different frameworks.  As Lincoln noted long ago, it's a dangerous way to play.

In Lincoln's time, "Both [sides] read the same Bible and pray to the same God, and each invokes His aid against the other." 

It's a bit like that in the present day! Today, each side clings to the accounts and frameworks offered by the "cable news" channel designed to please that side. 

This is good for ratings, profits and salaries. But it's not real good for you.

In the current day, each side has a "cable news" channel which tells its members the stories they like. It's a very dangerous way to play—and no, it isn't just done over there, inside Red America.

This morning, we're going to limit ourselves to one brief exposition. We're going to return to what legal analyst Lisa Rubin said on yesterday's Morning Joe.

In yesterday afternoon's report, we showed you what Rubin said to Morning Joe sidekick Willie Geist about the complex allegations with which Donald J. Trump stood charged. 

To our ear, her statement didn't exactly make sense. To refresh yourself about her statement, you can just click here.

Below, you see what Rubin said. Did her statement even seem to make sense, or was it simply designed to please us?

GEIST (5/30/24): I want to get some clarification from you about the jury instructions. Donald Trump, some of his minions, going on cable networks, suggesting that the judge told the jury that they don't have to be unanimous.

That's not true. Can you explain what this little dispute may be about?

RUBIN: Yeah, that's not true at all. 

First of all, they have to be unanimous that the business records here were falsified, and that is the crime that was charged.

With respect to what makes falsification of business records a felony, they also have to be unanimous that Trump intended to commit a conspiracy to promote his own election in 2016, and they have to be unanimous that he did so, or that the conspiracy was through unlawful means. 

Here's the part where they can have differences of opinion. 

What are those unlawful means? [Prosecutor] Josh Steinglass gave them five or six different options that kind of fall into three categories.

 One is violation of the federal elections campaign through unlawful campaign contributions. 

One is falsification of other business records, like Michael Cohen's submission of forms to the bank through which he opened the account that he used to pay Stormy Daniels. 

The third are [sic] the tax forms that the Trump Organization prepared when they were showing Michael Cohen's quote/unquote "income," that income of $420,000 that was really the reimbursement to him. 

You Willie; you Rev; me Lisa—we can all have different opinions on what those unlawful means are. But we all have to agree that there was a conspiracy, that it was executed by unlawful means. Donald J. Trump is playing fast and loose here with the concept of unanimity.

Dear God! Donald J. Trump, and some of his minions, were saying the jury didn't have to be unanimous!

"Yeah, that's not true at all," Rubin instantly said.

To our ear, Rubin's fuller statement didn't quite seem to make sense. She seemed to say that the jury would have to be unanimous—until such time as it wouldn't.

That didn't seem to make sense—except as a reinforcement of tribal true belief. Trump and his minions were lying again! The claim in question "wasn't true at all," the legal analyst pleasingly said.

In our view, we citizens need to be wary of people who want to please us in such ways. With that in mind, here's what the Washington Post says, in this morning's front-page report, about the matter Rubin batted aside:

Donald Trump found guilty on all counts in New York hush money trial

A New York jury on Thursday found Donald Trump guilty on 34 counts of falsifying business records to conceal a hush money payment to an adult-film actress, delivering a historic verdict that could shape the November election and that makes Trump the first former U.S. president convicted of a crime.

[...]

The jury in Manhattan was tasked with deciding whether Trump was guilty on each specific count of falsifying business records and whether he did so in an effort to unlawfully impact an election. Prosecutors offered three types of underlying crimes that could raise the unlawful election-meddling allegation; jurors did not have to be unanimous about which of those they felt was at play.

According to the Washington Post, jurors "did not have to be unanimous" concerning which of those underlying crimes Donald J. Trump had committed. For the record, if Trump hadn't committed one of those underlying crimes, he couldn't have been charged with a felony!

In this morning's news report, the Post made only a modest attempt to explain the "complex" charges (their word) which were brought against Trump. That said, the tabloid-trending New York Times made no attempt to explain that matter at all.

This afternoon or tomorrow, we'll walk you through the Post's fuller attempt to explain the nature of the felonies of which Trump now stands convicted. This morning, we'll simply tell you this: 

It isn't just in Red America. It's Blue America too.

Rubin said the statement in question "wasn't true at all." Pleasingly, she said that Trump and his minions were just lying to us again. 

On the "cable news" programs designed to please Blue America, a "legal analyst" can't go wrong peddling script of that type.  This morning, up jumped the Washington Post, saying something different. 

For the record, Rubin's statement never seemed to make sense in the first place. Given the current rules of the game, "cable news" is like that.

In closing, let's return to what Scarborough said this morning. Will those 34 guilty verdicts get overturned on appeal?

We don't have the slightest idea! Also, we have no idea if there was anything "wrong: with the procedure described in this morning's Post.

(Who knows? It's always possible that some appeals court will say there was something wrong with that!)

We don't know if yesterday's verdicts will hold up on appeal. That said, you'll never see a discussion of any such question in which MSNBC's legal analysts have to defend their pleasing claims in some sort of exchange with those who may disagree.

Simply put, that's no longer done. Today, both sides pray to the same god—to the god called Tribal Script.

There's a lot of complexity in the world. Under current arrangements, cable news is designed to send it packing.

The Fox News Channel airs a wide array of ridiculous gong-shows. Our own Blue America's "cable news" channel has been gaining ground rather fast.

Support for Trump is "a cult," we're told. We'll respond by asking a question:

Have you ever watched Deadline: White House? Chuck Rosenberg remains a holdout. Except for him, we think we see the walking dead as they shuffle about!

Lisa Rubin says five or six!

THURSDAY, MAY 30, 2024

Can anyone here play explain this game? Can anyone explain the nature of the 34 felonies with which Donald J. Trump stands charged?

Let us start by saying this—we all understand the nature of the cultural and political offense with which he has repeatedly been charged.

In our view, this charge is very strange. But again and again, then again and again, Trump has been charged with this:

In creating a non-disclosure agreement with Stormy Daniels, he kept voters from getting the information they needed in the 2016 election.

That strikes us as an embarrassingly silly charge. That said, we've seen Blue America's cable news pundits state some version of the complaint again and again and again.

For the record, that isn't a legal complaint. How can we describe the 34 criminal charges with which Trump stands charged in a New York City courtroom?

As we noted this morning, different people seem to describe those charges in different ways. For the latest example, consider what legal analyst Lisa Rubin told Willie Geist on today's Morning Joe.

The exchange began with an assertion by Geist. According to Geist, Donald Trump and "some of his minions" have been saying something about the jury instructions that simply isn't true:

GEIST (5/30/24): I want to get some clarification from you about the jury instructions. Donald Trump, some of his minions, going on cable networks, suggesting that the judge told the jury that they don't have to be unanimous.

That's not true. Can you explain what this little dispute may be about?

Who needs legal analysts when they already have Willie Geist? 

In effect, Geist had already answered the question of the day—the question about whether the jury's verdicts will have to be unanimous. 

Does the jury have to be unanimous? As we noted this morning, Devlin Barrett's report in the Washington Post made that answer made the answer sound a bit less clearcut

Geist said the claim was simply untrue. Here's the way Rubin's response started:

RUBIN (continuing directly): Yeah, that's not true at all...

That particular claim isn't true "at all?" The truth about this complex matter gets fuzzier and fuzzier.

At any rate, that's the way Rubin started. Here's the text of her full response:

RUBIN (continuing directly): Yeah, that's not true at all

First of all, they have to be unanimous that the business records here were falsified, and that is the crime that was charged.

With respect to what makes falsification of business records a felony, they also have to be unanimous that Trump intended to commit a conspiracy to promote his own election in 2016, and they have to be unanimous that he did so, or that the conspiracy was through unlawful means. 

Here's the part where they can have differences of opinion. 

What are those unlawful means? [Prosecutor] Josh Steinglass gave them five or six different options that kind of fall into three categories.

 One is violation of the federal elections campaign through unlawful campaign contributions. 

One is falsification of other business records, like Michael Cohen's submission of forms to the bank through which he opened the account that he used to pay Stormy Daniels. 

The third are [sic] the tax forms that the Trump Organization prepared when they were showing Michael Cohen's quote/unquote "income," that income of $420,000 that was really the reimbursement to him. 

You Willie; you Rev; me Lisa—we can all have different opinions on what those unlawful means are. But we all have to agree that there was a conspiracy, that it was executed by unlawful means. Donald J. Trump is playing fast and loose here with the concept of unanimity.

To watch videotape of that exchange, you can start by clicking here.

At any rate, that was Rubin's explanation. It almost sounds to us like we'd want to paraphrase her statement this way:

Yeah, that statement isn't true at all. Until such time as it is!

Trump was playing fast and loose with the concept of unanimity? So, we'd almost be inclined to say, was legal analyst Rubin, she of Blue America!

That said.

At this time, cable news mainly exists as a source of comfort food for the nation's dueling masses. 

We citizens of Blue America turn to our own "cable news" channel to hear the statements we enjoy. Citizens of Red America turn to the Fox News Channel to hear their views reinforced.

Meanwhile, note the change in the numbers—through we aren't saying that Rubin's census is "wrong:"

According to Rubin, when jurors finally get to have their "differences of opinion," they now have "five or six" different options from which they can choose! For the record, it sounds like they don't all have to agree with each other when they pick from those options.

We're not saying that's wrong—we're just saying that it keeps getting complexer and complexer as different journalists tote up the different ways jurors are free to decide that Donald J. Trump broke the law.  This is happening in the part of the decision making where, as far as we know, the jurors don't all have to agree.

Shorter Rubin:

The jurors have to be unanimous—until such time as they don't! At that point, jurors get to have "differences of opinion." But let's not think about that!

For the record, we're not saying that there's anything "wrong" with the legal theory according to which jurors have been told to proceed. (Presumably, there could be something wrong with the theory, of course.)

We are saying this:

Due to "segregation by viewpoint," we've never seen Rubin required to defend any of her assessments in a full-blown, civil discussion with any of the legal analysts who appear on Fox. Also, we've never seen those legal analysts forced to defend their claims.

In fact, no one has ever seen any such discussions. Thanks to the practice of "segregation by viewpoint," such discussions no longer exist!

Meanwhile, was Rubin possibly playing a bit fast and loose with the concept of unanimity? By our lights, to our ear, it almost sounds like she possibly was!

Of course, that's pretty much why modern-day "cable news" exists!  Each tribe gets to hear the stories it likes. Everyone goes home happy. 

That's the way our "cable news" works. "Our democracy" pays the price!


COMPLEXITY: At long last, the judge has instructed the jury!

THURSDAY, MAY 30, 2024

Complexification is us: With what set of 34 criminal offenses does Donald J. Trump stand charged?

(For the record, they're felonies, every one!)

We've been asking the question for some time now. All in all, it hasn't been easy to answer.

Yesterday morning, Judge Merchan spent roughly an hour reading his jury instructions to the twelve-member jury. To the extent that our question can be answered, that answer has finally been given.

There may be absolutely nothing "wrong" with the legal theory under which the defendant stands charged. Beyond that, there may be no source of reversible error in the judge's jury instructions.

There may be nothing "wrong" with any of that—although there always could be. For better or worse, here's the one conclusion we'll reach at this point:

Complexification is us!

Let the word go forth to the nations! Let it be said that Donald J. Trump hasn't been charged with shooting someone on Fifth Avenue. 

He hasn't been charged with robbing a bank. He hasn't been charged with assaulting one of his creditors—with hitting one over the head.

He hasn't been charged with driving away when a policeman told him to stop. He hasn't been charged with anything quite as straightforward as that.

Some criminal offenses are fairly easy to picture and describe. Other (possible) criminal offenses are not. 

In the case of the current defendant, our major newspapers are currently trying today to describe the offense with which he stands charged.  It hasn't been especially easy to accomplish that task. 

That doesn't mean that the legal theory is wrong, or that the journalists are incompetent. That said, it seems to us that the complexity of this matter is a societal problem.

At the Washington Post, it has fallen to the (highly competent) Devlin Barrett to try to describe the nature of the charges against Trump. His analysis was posted yesterday afternoon, but it was still featured near the top of the online Post's front page as of this very morning.

Barrett tried to sort things out. Headline included, you can see the (possibly somewhat puzzling) way he started out:

Jurors must be unanimous to convict Trump, can disagree on underlying crimes

The jurors weighing whether to convict former president Donald Trump of charges that he falsified business records will have to determine whether he did so in furtherance of another crime—a somewhat complex process that the defendant railed against Wednesday afternoon.

On social media, Trump called it ridiculous, unconstitutional and un-American “that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me.”

Say what? The judge isn't requiring a unanimous verdict in this case?

That's what the defendant has apparently said! As for Barrett, he started by saying that the twelve jurors are now faced with "a somewhat complex process." 

As you'll see, Barrett, who is highly competent, soon heightened his language concerning the degree of complexity involved in this high-profile case. Before we show you what he said, we'll offer one instant criticism:

We're not sure why Barrett featured the defendant's assessment of the legal theory which the judge has now accepted as part of his jury instruction. 

The defendant isn't a legal analyst. On his own, he has no idea what he's talking about in this matter.

That said, many actual legal analysts were offering a similar critique of the jury instructions all through yesterday afternoon and evening. Some of these analysts have been offering similar criticisms for a fairly long time.

Several of these legal analysts don't seem to be visibly crazy! All day yesterday, they were saying that these jury instructions—and that legal theory—create a strong possibility of "reversible error" if the defendant in this case is convicted of these alleged crimes.

They may be right in that assessment—or they could be wrong. But they have some idea what they're talking about, unlike Donald J. Trump. 

That said:

As Barrett started, he said the jury in this case was facing "a somewhat complex process." Four paragraphs later, he substantially heightened his language. He was now saying this:

"The prosecution theory is essentially a Russian nesting doll of criminal violations."

Just like that, we'd moved from "a somewhat complex process" to "a Russian nesting doll of [alleged] criminal violations." Just like that, all of a sudden, complexification was us!

From there, Barrett made a valiant attempt to explain the legal theory under which Donald J. Trump stands charged. 

How about it? Does the jury have to reach a unanimous verdict? Here's what Barrett wrote:

[Trump] was probably referring to one of the quirks of the precise way in which Manhattan District Attorney Alvin Bragg (D) charged Trump, who faces 34 counts of falsifying business records related to a hush money payment to adult-film actress Stormy Daniels ahead of the 2016 election.

The prosecution theory is essentially a Russian nesting doll of criminal violations—under New York law, falsifying business records is a felony only if the records were falsified in furtherance of another crime.

Prosecutors have said that other crime was violating a state law against unlawfully promoting or preventing an election. But the “unlawful” reference in the state code has to refer to a distinct, different crime.

In Trump’s case, prosecutors have offered three types of crimes that would make the state election-meddling charge come into play: federal election law crimes, tax crimes or false business records.

The jury must be unanimous when it comes to determining whether Trump is guilty or not guilty of each specific falsifying business records count, and whether he did so in an effort to unlawfully impact an election, New York Supreme Court Justice Juan Merchan said. He added, however, that the panel did not have to be unanimous about which of those three types of crimes could serve as the underlying violation that brings the state election charge into play.

That’s what Trump was probably getting at in his online post while he sits in the courthouse waiting for the jury to come to a decision.

For the record, it isn't just "a Russian nesting doll." It's a Russian nesting doll which comes equipped with "quirks." 

At any rate, here's what Barrett said:

The jury has to be unanimous, he wrote. But then again, it doesn't! 

That's what a highly competent journalist wrote—and we're not saying he's "wrong." Meanwhile, this very morning, on Morning Joe, legal analyst Lisa Rubin seemed to add to the confusion:

According to Barrett, the prosecution has offered "three types of crime" that would make the state election-meddling charge come into play. On Morning Joe, Rubin seemed to jump the number up to "five or six!" 

Eventually, we'll be able to link you to videotape of what Rubin said. At that point, you can decide for yourself. Meanwhile:

The jurors have to be unanimous—but then again, they don't! There are three (or four) ways they can decide to convict—or possibly five or six!

None of this means that anyone has been "wrong" in what they've written, done or said. More specifically, none of this means that the prosecution is wrong in the legal theory it assembled (although, of course, it could be). 

None of this means that Judge Merchan was wrong in his instructions to the jury (though that's always possible too).

This doesn't mean that Barrett was wrong in what he wrote for the Washington Post. It doesn't mean that Rubin was wrong in what she said this morning. 

This does seem to mean that the charges against this particular defendant are extremely hard to describe and explain. Especially given the prominence of the defendant, that represents a basic problem for the critter we Blue Americans now refer to as "our democracy."

Donald J. Trump isn't charged with robbing a bank. He isn't charged with shooting someone on Fifth Avenue.

Such alleged actions would be easy to picture and to describe. The allegations he is facing are hard to describe and hard to explain, and they have been all along.

This type of bureaucratic complexity is found all through our culture. It isn't exactly anyone's fault, but it does represent a type of societal problem.

In Red America, voters are being told that the charges here don't make sense. In Blue America, this critique is largely being ignored—but it's proving hard to describe the serious criminal offenses with what Trump does stand charged.

Confusion and anger can grow in such soil. It's a bit like in the ancient parable we cited yesterday:

Blind men and an elephant

The parable of the blind men and an elephant is a story of a group of blind men who have never come across an elephant before and who learn and imagine what the elephant is like by touching it. Each blind man feels a different part of the animal's body, but only one part, such as the side or the tusk. They then describe the animal based on their limited experience and their descriptions of the elephant are different from each other. 

In some versions, they come to suspect that the other person is dishonest and they come to blows...

Actually, it can happen here! With respect to this deeply fraught criminal case, it already has.

This morning, we have a medical appointment to keep. Tomorrow, though, we'll try to detail the general problems with the complexification which infests so many of our societal procedures. Also, we'll try to offer some final account of the 34 felonies with which Trump stands charged.

What is the crime with which he stands charged? Even today, we'd have to say this:

It still isn't real easy to say.

Tomorrow: Complexity is everywhere. It can lead to alienation, confusion and anger.


"Segregation by viewpoint" looks like this!

WEDNESDAY, MAY 29, 2024

Ken Burns visits Deadline: As we sit and type, the jury has started to deliberate. As a bit of an overview, we can tell you this:

As part of his (hour-long) jury instruction, Judge Merchan apparently accepted the part of the prosecution's legal theory which we discussed this morning. 

Based on what we've heard, Judge Merchan instructed the jury that all twelve jurors don't have to agree about the identity of the "other crime"—the additional crime which could transform 34 misdemeanor counts into 34 stone-cold felonies.

Based on what we've heard, the jury has been told that they have three potential "other crimes" from which they can choose. Most strikingly, there's no need for all twelve jurors to agree on one single "other crime" which Defendant Trump was attempting to commit or conceal when he falsified some or all of those 34 business records.

The jury can do it "cafeteria style!" In order to reach a unanimous verdict, there's no need for all twelve to agree on one single "other crime" Trump was trying to commit or conceal.

Of course, the jury could always decide that Trump didn't falsify any business records at all! It remains to be seen what the jury will decide. But legal analysts at the Fox News Channel, including some who aren't visibly crazy, are expressing shock at the "cafeteria / buffet style" jury instruction concerning the possible "other crimes."

That's what the analysts are saying at Fox—and no, we don't assume that their assessment is wrong. Nor do we know if it's right.

Moving right along:

Yesterday morning, we showed you excerpts from Ken Burns' recent graduation address at Brandeis. We started with parts of the address with which we very much agree. In part, those excerpts went like this:

BURNS (6/19/24): I've been struggling for most of my life...to try to tell good, complex, sometimes contradictory stories, appreciating nuance and subtlety and undertow, sharing the confusion and consternation of unreconciled opposites.

But it's clear, as individuals and as a nation, we are dialectically preoccupied.  Everything is either right or wrong, red state or blue state, young or old, gay or straight, rich or poor, Palestinian or Israeli, my way or the highway. 

Everywhere, we are trapped by these old, tired, binary reactions, assumptions, and certainties. For filmmakers and faculty, students and citizens, that preoccupation is imprisoning. 

Still, we know and we hear and we express only arguments, and by so doing, we forget the inconvenient complexities of history and of human nature.

[...]

If I have learned anything over those years, it's that there's only "us." There is no "them." And whenever someone suggests to you, whomever it may be in your life, that there's a "them," run away. 

Othering is the simplistic, binary way to make and identify enemies, but it is also the surest way to your own self imprisonment.  

We agreed with every word—or at least, we thought we did! We have no idea how Burns got from there to the heart and soul of his address, in which he told the graduates, but also their parents, that there's only one possible way to vote this year—the way Burns plans to vote.

We're going to vote the way Burns does, but we have no idea how he got from Part A to Part B in that graduation address. It amazes us to think that someone would deliver a graduation address in which he tells the audience, absent an elaborate apology, that it's his way or the highway this year.

Burns, of course, is a good, decent person. Also, he's a highly skilled filmmaker. His voluminous work has made that fact abundantly clear.

That said, good grief! He appeared yesterday on Deadline: White House, and we're not sure ever seen a less coherent presentation. You can see it by clicking here, then by continuing to click. 

Needless to say, Nicolle Wallace was swooning over Burns' declaration that the only possible way to vote is the way we Blues plan to vote. That's the way we'll be voting, but we'd never tell a bunch of college graduates, and their fully grown adult parents, that there's no way for them to understand the world except for the infallible way we ourselves infallibly do.

Needless to say, Wallace especially loved that part of Burns' address. After a series of fawning teases and a swooning introduction, she asked a set of incoherent questions, producing a string of incoherent replies.

Burns is a very talented filmmaker. What he said yesterday made little sense, except within the form of Babel our current organization of media is producing. We refer to the practice known as "segregation by viewpoint," in which no speech or statement, no matter how fuzzy or improbable, ever gets critiqued or challenged by anyone else on the set.

Ken Burns is a good, decent person. In our view, Wallace disappeared around the bend a long time ago through her landlocked, "our way or the highway" approach. We hope she finds her way back.

Burns says there's only one way to vote. For better, or perhaps for worse, that isn't and can't be true. 

It simply isn't that way on this planet! Over here, in Blue America, we ignore that obvious fact at our own substantial risk.

COMPLEXITY: We're no longer alone in our search!

WEDNESDAY, MAY 29, 2024

Drum says he's confused: All in all, we're most interested in what we saw Nicolle Wallace say—in what we saw her say about the speech by Ken Burns.

Still and all, we've never been happier! As of this morning, it isn't just us:

Kevin Drum has now said that he too is a bit confused. He says he's puzzled about the identity of "the other crime" in the ongoing criminal trial of former president Donald J. Trump. 

At long last, it isn't just us!

Over the years, we've often bounced off some of Kevin's posts because of a way the two of us tend to disagree: 

At this site, we're inclined to say that some high-profile presentation possibly isn't especially clear. Kevin is often inclined to say that it actually is. 

This type of disagreement has involved everything from attempts to explain Einstein-era physics right up to the identity of the criminal charges in the current ongoing trial. 

Sometimes, Kevin has possibly even been right. On other occasions, it has seemed to us that he possibly wasn't.

That said:

This very morning, at long last, we awoke to find that it isn't just us. Headline included, here's the start of Kevin's new post about the ongoing trial:

What is Donald Trump’s “other crime”? Take your pick.

I've just spent the past hour reading half a dozen reports about the closing arguments in Donald Trump's hush money case. And I'm confused.

As you all know, Trump is accused of ordering his personal lawyer, Michael Cohen, to pay off Stormy Daniels in order to keep her quiet about an affair they had. This happened during the 2016 campaign. Trump later reimbursed Cohen but recorded the repayment as a "legal expense," which is an illegal falsification of business records.

But it's just a misdemeanor. In order to become a felony, it has to be done in furtherance of another crime. So what exactly is that other crime?

Kevin continues along from there—and yes, he says that he's now confused! 

As everyone knows, for Trump to be guilty of a set of 34 felonies, there has to be some "other crime." But what exactly is that other crime?  Kevin says that, in the half dozen reports he read, he encountered a wide array of different ideas concerning the identity of that "other crime."

Kevin is referring to a very basic part of the legal theory under which Donald J. Trump stands charged. Surprisingly, we actually think that we may understand this basic point better than Kevin currently does.

Mainly, thought, we were thrilled to see that it isn't just us. We were thrilled to see Kevin say that he's a bit confused by the reporting too!

Kevin says that he encountered a wide array of ideas concerning the identity of "the other crime." To our era, it sounded a bit like the parable of the three blind men and the elephant. 

It's an ancient story about the groping of a very large creature. As you can see, the leading authority on the parable nutshells the bromide as shown:

Blind men and an elephant

The parable of the blind men and an elephant is a story of a group of blind men who have never come across an elephant before and who learn and imagine what the elephant is like by touching it. Each blind man feels a different part of the animal's body, but only one part, such as the side or the tusk. They then describe the animal based on their limited experience and their descriptions of the elephant are different from each other. 

In some versions, they come to suspect that the other person is dishonest and they come to blows. 

The moral of the parable is that humans have a tendency to claim absolute truth based on their limited, subjective experience as they ignore other people's limited, subjective experiences which may be equally true. The parable originated in the ancient Indian subcontinent, from where it has been widely diffused.

According to the leading authority, one of the earliest versions of this story "dates to around c. 500 BCE, during the lifetime of the Buddha."

The parable is very old. At any rate, Kevin's account of the six reports brought that old story to mind.

In what way do we think we may understand the factual point in question here—a factual matter which now has Kevin uncertain? 

Thank you for asking! Here goes:

After describing the various ways various press reports have described the "other crime," Kevin ends his post with this:

This is all confusing as hell. What's not clear is whether it's confusing because prosecutors told the jury to pick any old violation and go with it, or because the press reports spend almost no time explaining the prosecution's theory of the case. Stay tuned.

Fair enough! So, what is the prosecution's "theory of the case?" Based on several press reports from earlier months, our understanding would be this:

The prosecution has accused Donald L. Trump of violating three (3) different laws when he (allegedly) falsified those business records.

As we understand it, a juror might conclude that Trump violated any one of those three (3) different laws. A juror might conclude that he violated two of the laws, or even that he violated all three. That said:

According to the prosecution, if Trump violated even one of those three laws, then his alleged crimes get elevated to the status of felonies. Also this:

According to the prosecution, the twelve jurors don't have to agree about which of the laws the defendant violated. As long as each juror finds that he violated any of the laws, the jury can reach a unanimous guilty verdict.

Full disclosure! In a report from The Hill which Kevin quotes, the possible number of "other crimes" has somehow jumped to four! But as long as the jurors all agree that Trump violated at least one of the three (or four) laws in question, the jury can be said to have reached a unanimous verdict—or at least, so the prosecution says, as we understand it.

The jurors don't have to agree on which "other crime" Trump broke? That may seem a little bit strange, based on the general notion that a jury verdict has to be unanimous. But that's our understanding of the prosecution's legal theory, based on some reports from several months back.

At any rate, Kevin encountered a string of reports which identified "the other crime" in a wide array of ways. So it hoes as our "highly educated" national press corps tries to inform the public about an extremely important ongoing news event.

As in the old parable, so too here. Such complexification can lead to confusion, then to various forms of partisan anger. It's a major problem all through our society, one which extends to the current criminal case.

In the end, the legal theory under which Trump stands charged may make perfect sense (or then again, possibly not). But when journalists have so much trouble describing the basics of the legal theory—or when they make so little effort to do so—confusion and anger may result on one side, matched by overblown certainty within the other.

For ourselves, we've found it hard to focus on the complexity of the allegations against Trump in this particular case. We'll describe our overriding view once again:

As a general matter, we think the society should be discouraging people from intruding on presidential elections with pointless but distracting claims about past (consensual) sexual conduct. 

We don't think the society should be punishing candidates who look for otherwise legal ways to keep such people from "telling their stories"—even from sharing the newly-invented creature which is now sometimes described as "their truth."

In our view, the prosecution in this case is seeking to discourage the wrong type of behavior. If the shoe were on the other foot, those of us in Blue America would probably be calling this a "political prosecution" too.

For that reason, we've found it hard to focus on the endless all-day discussions of Donald J. Trump's alleged offenses in this particular matter. At present, we're much more interested in what Ken Burns said at Brandeis on Sunday, May 19.

Yesterday, Nicolle Wallace brought Burns on her two-hour daily program as a stand-alone guest. She swooned about the various things the well-known filmmaker had said.

Burns proceeded to deliver a heartfelt monologue which we'd score as almost completely incomprehensible. Ken Burns ins a good, decent person, but we're all currently living in a type of Babel, and it's hard for us to imagine that this leads to a hood result.

In the next two days, we'll continue to try to explore the complexity of the current legal case. This afternoon, we'll give you a taste of what Wallace and Burns have now said.

Before long, we hope to get to this:

 "I'll let you be in my dream if I can be in yours."

It was said in the summer of '63. The person who said it had just turned 22. It seems to us, even today, that he had the right idea.

This afternoon: Wallace and Burns

When Donald J. Trump accused Psycho Joe!

TUESDAY, MAY 28, 2024

What deep disorder looks like: Personally, we don't think that Donald J. Trump did anything wrong with respect to Stormy Daniels.

With respect to a totally different matter, New York magazine's Margaret Hartmann reminds us of how deeply disordered this disordered man actually is.

There are many such examples, but Hartmann goes back to 2020 to recall a largely forgotten case. Headline included, her account of the remarkable episode starts like this:

The Time Trump Baselessly Accused Joe Scarborough of Murder

[...]

Back in 2020, Trump took some time out of his [Memorial Day] holiday weekend to not-so-subtly suggest that Morning Joe host Joe Scarborough murdered a staffer during his time as a member of the U.S. House of Representatives.

"Trump was alluding to the tragic death of Lori Klausutis, who was found dead in Scarborough’s Fort Walton Beach, Florida, congressional office in 2001," Hartmann says as she continues. "Trump first insinuated that Scarborough had something to do with it in this 2017 tweet."

There follows one of many social media posts in which Trump kept suggesting, insinuating and essentially claiming that Scarborough—referred to throughout as "Psycho Joe"—had actually murdered Klausutis.

By then, it had long been perfectly clear that no one murdered Klausutis. In the following passage, Hartmann quotes an AP fact-check about the staffer's accidental death, then provides additional background information:

As the AP explained at the time, there was no “unsolved mystery”:

"An autopsy revealed that Klausutis had an undiagnosed heart condition and a coroner concluded she passed out and hit her head as she fell. The coroner said the head injury caused the death, but she wasn’t struck by another person.

"The death occurred a month after Scarborough announced he was leaving office. Scarborough was in Washington when Klausutis died."

Klausutis was 28, happily married, and working as a constituent services coordinator in Scarborough’s office when she died. Local officials said from the start that there was nothing suspicious about her death. But the story still sparked wild rumors and speculation, years before Trump entered politics.

That last point is worth noting:

Donald J. Trump didn't invent the ugly, unsupportable claim that Scarborough was involved in Klausutis' death. But by 2020, he had come to hate his former friend, "so it makes sense that he eventually became the story’s most high-profile promoter," Hartmann sensibly notes.

Hartmann includes Trump's various posts about the need to "open up a long overdue Florida Cold Case against Psycho Joe Scarborough." By any normal standard, a person has to be profoundly disordered to behave as this sitting president did with respect to this long-settled matter.

For ourselves, we've long assumed that Trump is (some version of) severely "mentally ill." For better or worse, the mainstream press corps has agreed that this obvious possibility must never be discussed—not by them, and also not by (carefully selected) medical specialists.

We don't think Trump did anything wrong in paying Daniels the money she sought, thereby stopping her from inserting herself into the 2020 election. Also, he wasn't the person who started the wild speculations about Klausutis' tragic death.

He wasn't the one who started it, but his subsequent conduct was astonishing. In other incidents, he has seemed to be profoundly disordered again and again and again.

One other point may be worth noting.  Hartmann notes a further fact about our nation's political culture as of the year 2001. We continue from the passage already posted: 

Local officials said from the start that there was nothing suspicious about [Klausutis'] death. But the story still sparked wild rumors and speculation, years before Trump entered politics. In 2020, the Washington Post attributed this to the political and media climate at the time of Klausutis’s death:

"But Klausutis’s death occurred while the nation was caught up in speculation about the disappearance of Bureau of Prisons intern Chandra Levy and her ties to Rep. Gary Condit (D-Calif). Soon the stories merged in the public’s mind, with some labeling Scarborough the Republican Condit (who was never charged with any crime).

"Posts on such sites as Truthout and the liberal Daily Kos all but accused Scarborough of murder. Filmmaker Michael Moore talked about registering the domain name 'Joe Scarborough KilledHisIntern.com.' Rumors claimed her death had something to do with the 2000 election or 9/11 or that it had prompted Scarborough to resign from Congress two months afterward—although Scarborough had announced his resignation before her death."

Oof! Some elements of our own Blue America initially rose to flog the latest intern death pseudo-scandal. 

Today, we're flogging the "porn star / hush money" scandal. Within our failing political culture, it's very, very, very hard to make matters of substance stick.


COMPLEXITY: "Always listen to others," he said!

TUESDAY, MAY 28, 2024

Also, "There's only one way you can vote:" We were perhaps a bit surprised by something we heard this morning.

Tomorrow, Judge Merchan will give his legal instruction to the jury in New York City. "It is expected to take about an hour," we heard Mika Brzezinski say.

(In the previous hour, we had heard Jonathan Lemire say the same thing.)

It's expected to take an hour? Just to explain the law under which Donald J. Trump is supposed to be judged? 

There's a lot of complexity in our world. Sometimes, we cast it aside.

We're going to spend some time this week attempting to explain the offense with which Donald J. Trump stands charged. A certain degree of complexity has been involved in those charges.

We're even going to show you the text of some of the New York state laws which are involved in this matter! Complexity can breed confusion, even concerning a case which has been heavily reported and endlessly pseudo-discussed.

For ourselves, we're sorry that charges were brought in this particular case. As a societal matter—in the interest of "our democracy"—we don't think there was anything wrong in paying Stormy Daniels to basically shut the heck up.

We don't think voters needed to hear her "tell her story." We've been stunned—occasionally, perhaps a bit embarrassed—to see so many of Blue America's high-end pundits parrot the opposite line.

A fair degree of complexity is involved in the legal charges against Donald J. Trump. We'll try to explore a few possible sources of confusion as the week proceeds.

First, though, we wanted to share something else we heard this morning. We want to share some basic excerpts from Ken Burn's commencement address.

Ken Burns is a good, decent person. He's also highly accomplished. Plainly, he knows a lot.

Last Sunday, he delivered Brandeis University's undergraduate commencement address. Excerpts from his remarks were played in the 6 o'clock hour on today's Morning Joe.

We agreed very strongly with some of the earlier excepts. You can read the full text here, but this is the first chunk we heard:

BURNS (5/19/24): For nearly 50 years now, I have diligently practiced and rigorously tried to maintain a conscious neutrality in my work, avoiding advocacy if I could, trying to speak to all of my fellow citizens. 

Over those many decades I've come to understand a significant fact, that we are not condemned to repeat, as the saying goes, what we don't remember.  That is a beautiful, even poetic phrase, but not true. Nor are there cycles of history, as the academic community periodically promotes. 

The Old Testament, Ecclesiastes to be specific, got it right, I think. "What has been will be again. What has been done will be done again. There is nothing new under the sun."

What those lines suggest is that human nature never changes, or almost never changes. We continually superimpose that complex and contradictory human nature over the seemingly random chaos of events, all of our inherent strengths and weaknesses, our greed and generosity, our puritanism and our prurience, our virtue and our venality parade before our eyes, generation after generation after generation. 

This often gives us the impression that history repeats itself. It does not. "No event has ever happened twice, it just rhymes," Mark Twain is supposed to have said. I have spent all of my professional life on the lookout for those rhymes, drawn inexorably to that power of history. 

Human nature never changes, he said—or if it does, it changes slowly. In the excerpts offered on Morning Joe, we then heard a part of the speech with which we strongly agreed:

BURNS: "The best arguments in the world," [the novelist Richard Powers recently] said, "Won't change a single person's point of view. The only thing that can do that is a good story." 

I've been struggling for most of my life to do that, to try to tell good, complex, sometimes contradictory stories, appreciating nuance and subtlety and undertow, sharing the confusion and consternation of unreconciled opposites.

But it's clear, as individuals and as a nation, we are dialectically preoccupied.  Everything is either right or wrong, red state or blue state, young or old, gay or straight, rich or poor, Palestinian or Israeli, my way or the highway. 

Everywhere, we are trapped by these old, tired, binary reactions, assumptions, and certainties. For filmmakers and faculty, students and citizens, that preoccupation is imprisoning. 

Still, we know and we hear and we express only arguments, and by so doing, we forget the inconvenient complexities of history and of human nature. 

We strongly agreed with what we thought we heard him say. We would have thought we heard him saying that there is always more than one side to every story.

As citizens, we shouldn't get trapped—"imprisoned"—by tired old certainties, we thought we heard him say. We can't ignore the inconvenient complexities with which we're all surrounded.

That's what we thought we heard him say. And then, the excerpts jumped ahead, and we saw Burns saying this:

BURNS: If I have learned anything over those years, it's that there's only "us." There is no "them." And whenever someone suggests to you, whomever it may be in your life, that there's a "them," run away. 

Othering is the simplistic, binary way to make and identify enemies, but it is also the surest way to your own self imprisonment. Which brings me to a moment I've dreaded and forces me to suspend my longstanding attempt at neutrality.

There is no real choice this November. There is only the perpetuation, however flawed and feeble you might perceive it, of our fragile 249-year-old experiment or the entropy that will engulf and destroy us if we take the other route. 

When, as Mercy Otis Warren would say, "The checks of conscience are thrown aside and a deformed picture of the soul is revealed." 

The presumptive Republican nominee is the opioid of all opioids, an easy cure for what some believe is the solution to our myriad pains and problems. When in fact with him, you end up re-enslaved with an even bigger problem, a worse affliction and addiction, "a bigger delusion," James Baldwin would say, the author and finisher of our national existence, our national suicide as Mr. Lincoln prophesies. 

Do not be seduced by easy equalization. There is nothing equal about this equation. We are at an existential crossroads in our political and civic lives. This is a choice that could not be clearer.

Everywhere, we're trapped by tired old certainties, we thought we'd heard Burns say. We mustn't forget the inconvenient complexities of history and of human nature. 

There is no such thing as us and them, we plainly did hear him say. Suddenly, though, we saw him say this:

There's only one way to vote this year. It's my way or the highway!

We'll be voting the same way Burns will. But so it goes with human nature, which doesn't much change over time.

For the record, we don't understand the logic of the turn he suddenly seemed to make. That doesn't mean that the turn he seemed to make was "wrong," although it theoretically could be.

Ken Burns is a good, decent person. At first, he had us cheering along. A bit later, all of a sudden, what he said surprised us.

Burns was largely discussing moral complexities in his address. There are also reams of legal complexities in the law and in the various ways it works.

We'll try to address a few of those complexities this week. That said:

In our view, most of us people are people people. We're inclined to behave in ways which are old and very familiar.

Before the week is done: "I'll let you be in my dream if I can be in yours," we once heard someone say.


MONDAY: Gotham's schools are worst in the nation again!

MONDAY, MAY 27, 2024

Except for the fact that they aren't: As usual, the headline was highly dramatic.

Indeed, so was the opening paragraph! We refer to the recent piece by Errol Louis for New York Magazine, which made the same old (bungled) claim about the New York City Public Schools. 

It's the nation's largest school system! Dramatic headline included, Louis' report started like this:

Why Are New York City Schools Still So Segregated?

The 70th anniversary of the Supreme Court’s Brown v. Board of Education decision, which outlawed racial segregation in public schools, came and went in New York with little official notice. Perhaps our leaders were embarrassed by the fact that our city has been cited for more than a decade as having the nation’s most racially segregated schools and has done little or nothing to implement dozens of reasonable proposals to move in the direction of integration.

“We have the outline, we have the blueprint. Integration is feasible. It’s within our reach,” says Nyah Berg, the executive director of New York Appleseed, a nonprofit organization that advocates for integrated schools around the state. I recently sat down with Berg and Matt Gonzales, who works at the Metropolitan Center for Research on Equity and the Transformation of Schools, a division of NYU’s graduate school of education. They are part of a growing movement of young researchers and advocates who are fed up with New York’s delays and dissembling on diversity.

In one way, the highlighted claim is accurate. 

It's true! For more than a decade, journalists have been advancing the dramatic claim that New York City is guilty of "having the nation’s most racially segregated schools."

Just as Louis does in his recent piece, these journalists have supported this eye-catching claim by linking to lengthy reports about "New York" from UCLA's Civil Rights Project. 

(In his opening paragraph, Louis links to the most recent of these lengthy reports, a report which appeared in 2021. That lengthy report was an update of UCLA's earlier effort, which appeared in 2014.)

These lengthy reports from UCLA have been relentlessly bungled in a remarkable number of ways. But just for the record, here's the first thing a reader saw if she clicked the link Louis provided—the link he provided in his opening paragraph in support of his dramatic claim:

Report Shows School Segregation in New York Remains Worst in Nation

A new report from the Civil Rights Project finds that New York retains its place as the most segregated state for black students, and second most segregated for Latino students, trailing only California. ...

Sad! Quite literally, that's the first thing a reader (or an editor) saw if she clicked the link Louis provided in support of his dramatic representation. Let's spell this problem out in the simplest way possible:

As everyone presumably knows, two different jurisdictions go by the name "New York." On the one hand, there's New York City—but there's also New York State. 

Right from the first sentence in the source to which Louis links, we see that the Civil Right Project is specifically referring to New York State when it clumsily says that school segregation in "New York" remains the "worst in the nation."

Specifically, the source report says that New York is "the most segregated state for black students." It then says that New York is "second most segregated for Latino students, trailing only California."

California is a state! Plainly, we're being told, accurately or otherwise, that school segregation is worst, among the fifty states, in the state of New York—in the large jurisdiction known as New York State

At this early point, we'll offer an obvious bit of advice to the academics at UCLA's Civil Rights Project. Our advice would be this:

If you're going to make dramatic claims about "New York," you need to be clear about which "New York" you mean! For our money, an editor at the Civil Rights Project should have amended the headline we've posted, making the headline say something like this:

Report Shows School Segregation in New York State Remains Worst in Nation

That might seem like an improbable claim. But at least that headline would have said which "New York" was under discussion.

Don't worry! Our journalists, being human, could almost surely find a way to misparaphrase that headline too! But one of the astonishing problems with UCLA's reports involves the persistent way the reports make references to "New York" without clearly stating which "New York" they mean.

Do they mean New York City, or are they referring to New York State? It's amazing to see the way these academics have helped create that sort of confusion through at least their last two giant reports.

Having said that, riddle us this:

Is it really true that New York State is the worst state in the nation when it comes to "school segregation?" That claim may seem surprising.

The claim turns on the extremely peculiar way the Civil Rights Project defines "school segregation." We'll try to explain that matter below. For now, we'll only tell you this:

If your fifth grader attends a school with the student population shown below, UCLA would tell you that your child was attending a "segregated school:"

Hypothetical Public School A:
White kids: 25%
Black kids: 25%
Hispanic kids: 25%
Asian-American kids: 25%

Actually, no—we aren't making that up! Under UCLA's definition of "school segregation," a child consigned to a hellhole like that is attending a "segregated school!"

Below, we'll run you through the way that works. For now, let's briefly be fair.

Briefly, let's be fair! The first paragraph at the source to which Louis links mentions New York City too. 

That said, can anyone here play this game? Here you see that overview paragraph, now presented in full:

Report Shows School Segregation in New York Remains Worst in Nation

A new report from the Civil Rights Project finds that New York retains its place as the most segregated state for black students, and second most segregated for Latino students, trailing only California. The report also makes clear that New York is experiencing an acceleration of demographic changes outlined in the earlier 2014 report. White students are no longer the state’s majority group as they were in 2010. the proportion of Asian students increasing sharply to more than 17% in 2018, and Latino students becoming the largest racial/ethnic group, from 35% in 1990 to 41% in 2018. Conversely, there has been a significant decline in the black student population. The new research also examines the expansion of school choice and charter schools and how they may have contributed to the continued segregation of the city’s schools. The research underscores that many in New York City are engaged in important efforts to integrate schools and there are a significant number of schools showing signs of reduced segregation.

How odd! In his dramatic opening paragraph, Louis says that New York City "has done little or nothing to implement dozens of reasonable proposals to move in the direction of integration." 

As you can see in the highlighted passage, the overview paragraph to which he links seems to say something quite different. 

In our view, that looks like a journalistic bungle. Meanwhile, note the peculiar way UCLA's overview paragraph suddenly stops talking about New York State. Suddenly, it refers instead to "the city," without actually naming the city in question.

In a very high-level report about a very important subject, that is astoundingly bad academic writing. In fairness, everybody makes mistakes, but can anyone here play this game?

In reality, Louis is linking to a report about "New York," city and state, which was released by UCLA in 2021. As noted above, it was the sequel to an earlier report about "New York," city and state, released by UCLA back in 2014.

The full report from 2021 is 92 pages long. All in all, we'd call it bewildering and profoundly unhelpful.

It presents such a wealth of statistical claims that, in the end, it's hard to get clear on what it's actually claiming. What it does plainly do is this:

It keeps repeating such treasured old terms as "segregation" and "segregated schools." It keeps us living in the world of the pre-1954 Deep South, even though it's now the year 2024 and the world, though still highly imperfect, is no longer that world.

Presumably, there are still many things we could improve about our public schools (and about the wider culture zones within which they operate). That may include the way these schools produce, or fail to produce, constructive interaction among their different demographic groups.

That said, we no longer have "segregated schools" in the way we had such schools in that earlier era. Keeping that basic thought in mind, what does UCLA mean when it says that New York State is worst, among the fifty states, in this highly fraught area?

Sadly, the Civil Rights Project means this:

As in the 2014 report, so too in 2021. The writing was less explicit this time around, but again and again the 2021 report seems to say and/or suggest that any school which is "more than 50% percent nonwhite" is a "segregated school."

In the 2014 report, UCLA explicitly stated that definition of "school segregation." The scholars seem to have responded to past criticism of that peculiar definition by fudging their language a bit in the 2021 report.

Still, a wide array of graphics in the 2021 report seem to include such "predominantly nonwhite" schools within the broad rubric of "segregated schools." Meanwhile, on page 52 of the endlessly complex report, this explicit passage occurs, subheading included:

Segregation in NYC Schools
New York City schools have extreme levels of segregation by race/ethnicity. Almost all of the public schools are predominantly nonwhite (94%), and most are intensely segregated (70%), although this percentage has fallen slightly since 2010. The percent of apartheid schools (those with less than 1% white student enrollment) has been declining for the past 30 years, and in the  time frame from 2010 to 2018 has declined more than 10 points to 17%. Nonetheless, the fact remains that 1 in 6 schools in NYC are apartheid schools.

Below that passage, the report includes one of the many graphics which seem to list "predominantly nonwhite" schools as one of the three basic types of "segregated schools."

In the 2021 report, UCLA seems to define three types of "segregated schools." As you can see in the passage we've posted, there are "apartheid schools;" there are "intensely segregated schools;" and there are "predominantly nonwhite schools."

In 2014, predominantly nonwhite schools were explicitly described as being "segregated." In 2021, someone may have forgotten to clean up the language we've posted above, language in which that rubric still seems to be in operation.

That said, directly below that passage from page 52, the reader sees one of the many graphics in which "predominantly nonwhite schools" still seem to be listed as one of the three basic types of "segregated schools." For better or worse, this is the way the academics at UCLA seem to think about this (very important) state of affairs.

Does it make sense to say that a school which is predominantly nonwhite is thereby "segregated?" By that reckoning, Hypothetical Public School A (see above) would in fact be a "segregated school." 

By UCLA's apparent reckoning, this second hypothetical school would also be a "segregated school:"

Hypothetical Public School B:
White kids: 48%
Black kids: 30%
Hispanic kids: 20%
Asian-American kids: 2%

By UCLA's apparent reckoning, that school would be "segregated" too. Its student population is predominantly nonwhite!

What sorts of problems actually afflict our nation's public schools? In a rational world, that would seem to be an important question.

That would be in a rational world. In our world, our journalists and our academics frequently seem to lack the tools—or the level of actual interest—which would be required to let us address that important question.

In his recent report, Louis became the latest journalist to think that UCLA was talking about New York City when the report to which he linked was plainly referring to New York State

Can anyone here play this game? Plainy, our journalists frequently can't.

(For the record, UCLA has never claimed that New York City is "worst in the nation" in this area. Given the peculiar frameworks with which it operates, no such claim would be possible.)

For its part, UCLA produced its latest bewildering report in 2021. By our lights, the academics at the Civil Rights Project seem to be living in the past. They seem to want to say that we're still living in Mississippi in the year 1935.

They seem to love the sound of the word "segregation." They seem to thrill to the surprising claim that the state of New York is maintaining a large volume of "segregated schools." 

They seem capable of noticing or caring about little else. The basic problems of American schooling, including possible problems of racial distribution, go unaddressed as they continue to pump their old-world presentations to waves of hapless journalists.

Final points:

First, why does the state of New York have so many "segregated schools?"

The answer is fairly simple. The state's nonwhite population is heavily concentrated downstate, in New York City and its metropolitan area. Upstate, the rest of New York State is much more heavily white.

In a large state whose large population is distributed that way, there's no obvious way to produce schools which exhibit some perfect form of "racial balance." Inevitably, the downstate schools will be heavily nonwhite. The upstate schools will be the opposite.

That's why New York State is worst among the fifty states, as judged by UCLA's cockeyed reckoning. As for the New York City Public Schools, this was the breakdown of its massive student population, as reported on page 52 of the 2021 UCLA report:

Student population, New York City Public Schools
Hispanic kids: 40.6%
Black kids: 25.1% 
Asian-American kids 16.6%
White kids: 15.1%

At that time, 85% of New York City's public school students were "nonwhite." Given that student population, it will be hard to create a lot of schools which aren't "predominantly nonwhite," even if you feel, for whatever reason, that some such distributive nirvana is necessary.

In our view, these reports from UCLA's Civil Rights Project rank among the most incompetent academic reports we've ever seen. Through their statistical complexity and their peculiar taxonomies, they create maddening amounts of confusion, even as they carelessly trumpet deeply important, deeply fraught terms from the nation's past.

In the present day, no one's schools are "segregated" in the way the public schools of many states once were. At UCLA, they seem to cling to that deeply fraught but pleasing term, creating waves of confusion and misdirection as they do.

As for New York Magazine, there seems to be an endless supply of journalists and news orgs who are prepared to misinterpret the dramatic (and ambiguous) claim found in the ambiguous headlines which routinely top UCLA's reports. The whole thing starts with UCLA's persistent, ridiculous failure to say which "New York" it's talking about—city or state.

There are many problems with our public schools and with the overall "education" of American kids. In our view, UCLA's peculiar reports do nothing to help us focus on areas where improvement could be sought. That includes the general area of (constructive attempts at creating) racial interaction.

Welcome to The Planet of the Humans! We humans are good at building tall buildings (and the like). We're much less skilled at virtually everything else. 

It's maddening to try to fight your way through the reports about "New York" from the Civil Rights Project. We think of what the later Wittgenstein said, in a different context:

It's like you have to repair a broken spider's web using your bare hands. 

Such matters seem to outstrip our fundamental skill levels. Welcome to the planet of the present-day upper-end humans, modern public school style!


SATURDAY: She apparently thought she could be Nancy Drew!

SATURDAY, MAY 25, 2024

Perhaps not the world's worst idea: In this morning's New York Times, we find a fascinating portrait of Justice Sotomayor—more specifically, of the way she grew up.

Her father died when she was nine. In her portrait for the Times, Abbie VonSickle takes it from there:

VANSICKLE (5/25/24): She spoke with great warmth about her mother, who raised her as a single parent after Justice Sotomayor’s father died when she was 9. She said her mother initially wanted her to become a journalist, to travel and interview people. As a young girl, the justice recalled, her mother was unable to afford books or newspapers, leaving her to pluck papers from trash cans, eager to understand more of the world.

As a high school student, Justice Sotomayor said, she watched her mother return to school to become a registered nurse, a move that showed great determination.

“If I’m half the woman my mother was, then I’m satisfied because she was amazing,” Justice Sotomayor said.

The world contains a lot of great people, some of whom aren't famous. Justice Sotomayor's mother was one such person. 

As this morning's profile continues, so does Justice Sotomayor's portrait of her mother:

VANSICKLE (continuing directly): She also credited a series of mentors with helping her find her way as she rose from a young lawyer to a district judge, moving to the appeals court and finally the Supreme Court.

When she was asked to join the Supreme Court, she said, she hesitated because her mother had been diagnosed with memory loss, and she worried about whether she would have enough time to spend with her.

Her mother’s reaction was swift and clear: “She stopped me, and she said, ‘Don’t you dare not do this because of me. You would take away the dream I spent my life building for you. I wanted you to be the very best you can.’”

The world contains many such people. That said, we were most struck by something else the Justice told Vansickle about her childhood:

VANSICKLE: On a sunny spring day, hundreds gathered under an outdoor tent to hear Justice Sotomayor, including young children carrying Puerto Rican flags, a nod to her roots. The justice, whose parents are Puerto Rican, is the first Latina to serve on the Supreme Court.

The justice said that she had first planned on a career as a detective, prompted not by her interactions with law enforcement in the public housing that formed her world as a child in the Bronx but because of the fictional girl detective Nancy Drew.

“I think Nancy Drew became sort of a role model,” Justice Sotomayor said.

That led to a fascination with helping others, seeking justice and, eventually, a more sophisticated understanding of the legal system and the power of judges...

As a child, she apparently thought she could be Nancy Drew. It wasn't the world's worst idea.

We'll guess that public libraries and public school libraries were involved in her ability to read the Nancy Drew Books. We read the Nancy Drew books too, along with the Hardy Boys counterparts.

Did it make sense for that girl in public housing in the Bronx to imagine herself as Nancy Drew? Nancy Drew was straight up suburban middle-class Anglo. As noted in the passage above, Sotomayor is a Latina. Both parents "were Puerto Rican."

Did it make sense for that kid to see herself in Nancy Drew? In part, we answer our question with a related question:

Is it possible that Donald J. Trump may get elected this fall because those of us in Blue America have sometimes possibly pushed too hard toward saying the answer is no?

To what extent have we in Blue America possibly helped advance the interests of Candidate Trump? There's no perfect way to answer such questions. That includes the question about Justice Sotomayor and Nancy Drew.

That said, we thought the profile of Sotomayor and her mother was worth noting. So too with the eternal need for villains, a need we found expressed, remarkably bluntly, at the start of a guest essay in today's same New York Times.

Has our own tribe's psychic need for villains helped advance the interests of Donald J. Trump? We'll probably explore that question all through next week's reports.

She apparently thought she could be Nancy Drew! In some ways, that belief may not have been totally accurate, 

That belief may not have been totally accurate. But seeing "how way [has led] on to way," it also may not have been the world's number-one worst idea.

Sadly, we think of what the later Wittgenstein said!

FRIDAY, MAY 24, 2024

We'll try again early next week: Sadly, we've been thinking, in the past few days, of something the later Wittgenstein said.

Don't ask yourself what he was talking about when he made the statement in question! The later Wittgenstein had a very hard time explaining the nature of his own explorations. 

Below, you see the passage in question. It's paragraph #106 from the one book the later Wittgenstein actively assembled and authorized for publication. 

We refer to the opaquely titled volume, Philosophical Investigations:

106. Here it is difficult as it were to keep our heads up—to see that we must stick to the subjects of our every-day thinking, and not go astray and imagine that we have to describe extreme subtleties, which in turn we are after all quite unable to describe with the means at our disposal. We feel as if we had to repair a torn spider's web with our fingers.

"We feel as if we had to repair a torn spider's web with our fingers!" 

Sadly, that remark has been coming to mind as we've tried to record the various ways the mainstream press has failed to explain the nature of the "other crime" with which Donald J. Trump in some way stands charged.

As we noted earlier in the week, it's easy to explain why the prosecution needs to identify the presence of some "other crime." It's been explained a million times by now. Just this once, we're going to let Wikipedia tell us about this business:

Falsifying business records in the first degree is a felony under New York state law that requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." This is in contrast to falsifying business records in the second degree, which is a misdemeanor that does not have that requirement. 

Easy peasy! If Trump is found guilty of falsifying business records (full stop), that's a mere misdemeanor. To convict him of the 34 felonies with which he stands charged, prosecutors have to show that he falsified business records with "an intent to commit another crime or to aid or conceal the commission thereof." 

For that reason, prosecutors need the "other crime" to which Kevin Drum referred in the post we discussed this morning.

Journalists have had no trouble explaining this part of the deal. It's in their pursuit of the "other crime" that the confusion starts. To this day, we haven't seen a successful journalistic explanation of this complexified state of affairs.

Even as the case is about to go to the jury, Kevin said he wasn't sure what "other crime" the prosecutors will build their allegations around. That strikes us as a strange state of affairs, but we did a poor job attempting to finish our rumination in this morning's report.

With what crime does Trump stand charged? We'll try to do a better job early next week. Over the weekend, we want to review a couple of recent matters concerning the public schools.

With what other crime does Trump stand charged? What "other crime" did he allegedly attempt to commit or conceal?

We haven't yet seen a clear explanation! It's like repairing a spider's web with our bare hands when we try to follow our journalists down the various rabbit holes into which their explanations have disappeared.

With what offense does Trump stand charged? If we're living in a rational world, shouldn't we know by now? Shouldn't clear explanations exist right there in the upper-end press?

Wikipedia's explanation may be the clearest of all. We may start with what follows the passage we've posted when we make our last pass at this topic next week.

OFFENSES: We go in search of "the other crime!"

FRIDAY, MAY 24, 2024

Kevin Drum sees The Third Man: In all honesty, we aren't envious—but we probably should be!

Last Saturday, on his now-concluded trip to Vienna, Kevin Drum "caught a screening" of The Third Man "at the Burg Kino," where it shows several times a week. He reports the event in this post.

The Third Man is widely considered to be one of the truly great films. In line with our recent flight in search of cultural and intellectual sanity, we'll include part of the overview offered by the world's leading authority:

The Third Man 

The Third Man is a 1949 film noir directed by Carol Reed, written by Graham Greene, and starring Joseph Cotten, Alida Valli, Orson Welles and Trevor Howard, set in post-war Vienna. The film centers on American Holly Martins (Cotten) who arrives in the city to accept a job with his friend Harry Lime (Welles), only to learn that Lime has died. Martins decides to stay in Vienna and investigate his death.

[...]

The Third Man is considered one of the greatest films of all time, celebrated for its acting, musical score, and atmospheric cinematography.

In 1999, the British Film Institute voted The Third Man the greatest British film of all time. In 2011, a poll for Time Out ranked it the second-best British film ever.

With respect to Martins, we pity the fool! We pity the fool who decides to "stay and investigate" any event, or any discussion, involving the work of us humans!

We haven't watched The Third Man in at least the past several years. The last time we did, we focused on the fascinating, war-weary character played by Valli, who was, with apologies, once widely described as "the most beautiful woman in the world," apparently including by Mussolini himself.

There's actually no such person, of course. But given the way we humans are, from Helen right up to the present day, it seems that we never stop looking. 

That brings us back to the current question concerning Donald J. Trump. We refer to the claim that he engaged in consensual intercourse, on one occasion in 2006, with a major "porn star."

In the film, the Martins character becomes entangled in a search for the truth about the death of his friend. The authority thumbnails what happens:

Plot

Holly Martins, an American author of western fiction, arrives in post-World War II Vienna seeking his childhood friend, Harry Lime, who has offered him a job. However, Martins is told that Lime has been killed by a car while crossing the street. 

At Lime's funeral, Martins meets two British Royal Military Police: Sergeant Paine, a fan of Martins' books, and Major Calloway. Afterward, Martins is asked by Mr. Crabbin to lecture at a book club a few days later. He then meets a friend of Lime's, "Baron" Kurtz, who tells Martins that he and another friend, Popescu, carried Lime to the side of the street after the accident, and that, before he died, Lime asked them to take care of Martins and Lime's girlfriend, actress Anna Schmidt.

As Martins and Anna query Lime's death, they realize that accounts differ as to whether Lime was able to speak before his death, and whether two men carried away the body, or three...

Did two men carry Lime away, or was a third man involved? As Martins and Anna begin their search for the third man, "They realize that accounts differ!"  

The complications and confusions continue on from there. So it goes if a person attempts to answer this amazingly basic present-day question:

With what specific (felonious) offense does Donald J. Trump stand charged? 

With what offense does Trump stand charged? Given the way our bifurcated culture now works, citizens of Red America hear one set of assertions and claims about the ongoing criminal trial. 

Citizens of Blue America hear a completely different set of representations. Under current arrangements, tribunes of the two Americas virtually never meet. 

Citizens of Red Americas never see their tribunes' claims challenged, critiqued or questioned. Over here in Blue America, we're living in a separate but equal bubble. 

Can a large modern nation really function this way? We'd suggest that the answer is no.

Yesterday, shortly before heading for home, Kevin offered a brief post concerning our current search. One part of his post is a bit misleading, but nothing he says is "wrong."

We completely agree with some of what he says. Headline included, this is the body of his post:

What is Donald Trump’s “other crime”?

Bob Somerby summarizes the hush money case against Donald Trump this way:

To convict Donald Trump of a felony, the jury must find that he falsified business records (or directed that they be falsified) with “the intent to commit another crime.”

But what is that "other crime"? Bob is unhappy that our press corps remains fuzzy on this topic, but it's not really their fault. The fault lies with the prosecution team, which has itself been fuzzy on the topic. 

Presumably, they'll have to finally sharpen up their case when they make their closing arguments to the jury next week. But until they do, the rest of us can only make educated guesses.

Full disclosure! The (italicized) blockquote isn't our summary of the hush money case. As we noted in the report to which Kevin links, that was Jonathan Alter's summary of the matter, offered in a brief report for the New York Times.

As we noted, there were some shortcomings in that account. But that was Jonathan's (essentially reasonable) account, not ours.

As he continues, Kevin seems to agree with our general view in one key respect. He says the press corps has been fuzzy with regard to Trump's (alleged) "other crime." But he says it isn't really the press corps' fault. 

He says the principal fault lies with the prosecution team, which has itself been fuzzy about the identity of the "other crime."

We agree with that, up to a point. Here's where we would differ:

First, our journalists don't have to be "fuzzy" just because the prosecution has been. If the prosecution has been fuzzy with respect to the charges lodged against Trump, the press corps should clearly report and clearly describe that peculiar state of affairs.

The press corps should directly say that the prosecution has been fuzzy about this amazingly basic matter. In our view, the press corps should also examine the possibility that this constitutes a major problem with the prosecution's performance.

Strange! The jury is about to receive the case, and the prosecution is still "fuzzy" concerning the crucial "other crime" with which the defendant stands charged?  

On its face, that strikes us as a very strange state of affairs. There may be something we don't understand, but we've seen no one attempt to puzzle it out.

Kevin says the prosecution will have to "finally sharpen up their case when they make their closing arguments to the jury." We'll assume that he's right about that.

But doesn't it seem a little bit strange to think that someone can be charged with a serious crime—with a serious crime whose identity remains unclear until the prosecution makes its closing argument? 

On its face, doesn't that sound a little bit strange—a little bit Alice in Wonderland?

Full disclosure! This failure to define "the other crime" lies at the heart of a complaint which is constantly made by legal analysts for Red America's news orgs. Under current arrangements, legal analysts in Blue America remain free to ignore these complaints.

Red America's voters are constantly told that this is a very strange state of affairs. Blue America's voters rarely hear anything about it. 

Kevin describes a situation which seems quite strange to us. In a footnote, he offers this idea about what the prosecution will end up saying:

My guess is that they'll say the records were falsified in order to cover up the fact that the hush money was effectively an unreported campaign contribution. But that didn't convince a jury in the John Edwards case, so maybe they'll end up emphasizing something else.

That certainly could be right. (Our own impression is that the prosecution will allege a different "other crime.") 

That said, it seems to us that our mainstream news orgs have done a very poor job illuminating the "fuzziness" in this peculiar state of affairs, as well as in several others. Our best assessment would be this:

Human limitations being what they are, this matter is simply too complex—too complicated; too convoluted—for our journalists to untangle. Our biggest orgs haven't been able to do it. We pity the fool who tries to fight his way through their various attempts.

Back to Holly Martins! At this site, we've been trying to find "the other crime." Back in post-war Vienna, Holly Martins was trying to find "the third man."

Martins ends up on a Ferris wheel, discussing the situation with his old friend—with the man who was supposed to have died. 

Later, they end up chasing each other through Vienna's sewers. Given the confusions of post-war Europe, the situation was simply too convoluted, too complicated, for us limited humans to be able to straighten out.

So too with the ongoing trial in Gotham? As you can see in some of the comments to Kevin's post, some people in Blue America are rooting hard for a guilty verdict, confusion and fuzz be damned.

This is the way human warfare tends to end up. Meanwhile, as we Blues root for Trump to get locked up, it seems that he may be edging further ahead in various swing state polls.

President Biden may end up winning again in November. If Trump is found guilty next week, he will of course appeal. 

Red America's analysts say this trial is full of reversible error. On Deadline: White House, such claims go unaddressed as "some of our favorite reporters and friends" take turns fluffing each other. 

They do so day after day after day, week after week after week. To us, it seems like a cosmic waste of their knowledge and their time.

We live in a highly tribalized time. It seems to us that such situations rarely turn out well. 

That said, calls to lock the other guy up can feel extremely good. Until such time as we all end up on that Ferris wheel.

Should you be concerned by that flag?

THURSDAY, MAY 23, 2024

Now for the rest of the story: Should you be concerned about that second flag—the flag which flew above Justice Alito's seaside home in New Jersey? 

That second flag said, "Appeal to Heaven." It featured a very large tree. Our analysts were calling it "Palo Alito," but then we told them to stop.

Should you be concerned about those flags? The upside-down American flag, followed by this second flag, the one with the very large tree?

We'll go with a maybe yes, but also a maybe no. Also, we'll compliment Jamelle Bouie for doing something very unusual in his new column for the New York Times.

Below, you see the passage in question, headline included:

Justice Alito Is a True Believer

[...]

All of this brings us to the most recent controversy surrounding Justice Samuel Alito. Not long after the Jan. 6 attack on the Capitol, my colleague Jodi Kantor reported last week, someone in the Alito household flew an inverted American flag in the front yard. The upside-down flag, a sign of naval distress, was one of the preferred symbols of the movement to “stop the steal”—a statement of solidarity with those who disbelieved the results of the 2020 presidential election and fought to return Trump to office against the rule of law and the verdict of the Constitution.

Alito says he did not put up the flag. He says his wife did, “in response to a neighbor’s use of objectionable and personally insulting language on yard signs.” There is no evidence to say otherwise...

For the moment, we're stopping right there. In our view, Bouie deserves a lot of credit for acknowledging the things he doesn't know about the flag in question.

He acknowledges that he doesn't know who raised the inverted flag. He acknowledges that Justice Alito's statement about his wife may in fact be accurate.

Bouie deserves a lot of credit for this! Elsewhere, the New York Times, and Blue America in general, have been awash in silly statements in which Justice Alito is criticized or doubted for saying that it was his wife who unfurled the inverted flag.

Childishly, our lizard brains tell us to criticize Justice Alito for saying something which, for all we know, is the unvarnished truth. So it goes when we humans split into tribes and spend our days happily planning for war as we assail The Others.

In our view, Bouie deserves a lot of credit for acknowledging the limits of his knowledge about this most recent exciting incident. In our view, he undercuts the strength of the passage we've posted as he continues along from there. 

We'll show you what we mean down below. For now, let's consider this:

There's a fair amount of material which New York Times readers may not know about the inverted flag incident.

That additional material may not cause you to change your mind about either one of these incidents. That said, it might be interesting as a critique of the way information flows to members of the two Americas in this highly tribal journalistic age.

Below, you see the rest of Bouie's thumbnail account of the inverted flag incident. There's nothing "wrong" with what he writes, although we think what he writes isn't wise:

Alito says he did not put up the flag. He says his wife did, “in response to a neighbor’s use of objectionable and personally insulting language on yard signs.” There is no evidence to say otherwise although it is a strange coincidence that Mrs. Alito would deploy this particular flag to retaliate against a neighbor within weeks of the moment that it became a fraught symbol of violent opposition to the constitutional order. The initial provocation, as Fox News reported, was that the neighbor in question had put up a sign directly blaming Mrs. Alito for the Jan. 6 attack.

Having said that he doesn't know what caused the inverted flag to fly, Bouie says it seems strange to think that Mrs. Alito would do such a thing at that particular time.

Maybe yes, maybe no. But in Bouie's account of "the initial provocation," which he attributes to a Fox News report, he falls far short of telling his readers what Fox News has actually reported.

For whatever reason, Bouie's link to what "Fox News reported" led us to the second of Shannon Bream's four X posts, in which she reported what Justice Alito told her about the inverted flag incident.

As with Stormy Daniels' colorful story, so too with Justice Alito's! We have no way of knowing whether his account is accurate. But here's the full text of Bream's four posts, the second and least troubling of which Bouie's link led to:

Shannon's Bream's four-tweet account of her interview with Justice Alito:

I spoke directly with Justice #Alito about the flag story in the NYT.  In addition to what's in the story, he told me a neighbor on their street had a "F--- Trump" sign that was within 50 feet of where children await the school bus on Jan 21.  Mrs. Alito brought this up with the neighbor.  1/

According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks. 2/

“Justice Alito says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign,” wrote Bream. “Alito says the man engaged in vulgar language, ‘including the c-word.'” 3/

Following that exchange, Mrs. Alito was distraught and hung the flag upside down "for a short time." Justice Alito says some neighbors on his street are "very political" and acknowledges it was very heated time in January 2021. 4/4

That's Shannon Bream's four-tweet account of what Justice Alito told her. One immediately thinks of Woody Guthrie's explanation of Pretty Boy Floyd's first killing. (For the relevant text, see below.)

That's Bream's account of what Justice Alito said. You can read all about it at Mediaite, in a report by Colby Hall which carries this unvarnished headline:

Justice Alito Claims His Wife Hung Coup Flag Because Neighbor Called Her a C***

You can also read about it at the Fox News site, in a news report which carries this more circumspect dual headline:

Alito says wife displayed upside-down flag after argument with insulting neighbor:
Alito tells Fox News neighbor put up sign that read ‘F--- Trump,’ insulted his wife

That Fox News report mentions the F-word and the C-word. For whatever reason, for good or for ill, those parts of the story have been withheld from accounts at the New York Times.

As with Daniels, so too here—we have no way of confirming, or of refuting, any of these assertions. That said:

Is it possible that someone on the Alitos' block placed a F*ck Trump sign within sight of a school bus stop? Is it possible that Mrs. Alito complained about this, and the neighbor then dropped a C-bomb on her?

Yes, of course it's possible! It's also possible that the actual story is different.

That said, that isn't our point. Our actual point would be this:

People in Red America are hearing this fuller story about what allegedly happened. It seems that we who live in Blue America are perhaps being shielded from such accounts.

Bouie's column offered a tapioca version of the "Fox News report" to which he supplied a link. We attribute that to Bouie's column, not to Bouie himself, because that may have been an editorial decision concerning which he had no control.

Questions:

Did Mrs. Alito become distraught when a neighbor called her a c***? 

We can't answer that question.

If that's an accurate account of what happened, does that make the flying of the inverted flag a more understandable offense?

Maybe yes, maybe no. That's up to the judgment of the individual. But we can tell you this:

People in Red America are hearing the fuller story. Those of us in Blue America are being shielded from that fuller account.

This sort of things transpires all day long as we in our two Americas cling to the Storylines propagated by our segregated corporate news orgs. The corporations rake in the dough as they pleasure our tribes in such ways.

For ourselves, we're less concerned about the inverted flag than we are about our own Blue America's devolving political culture. Our thought leaders like to stir our small-bore partisan fury. We regard this as dumb and perhaps disingenuous. We'll also offer this sad thought:

Purely as a political matter, it looks like it may not be working. 

That said, how about it? Should you be concerned about the inverted flag? 

For ourselves, we aren't hugely concerned by either one of those flags. We're more concerned about the unhelpful political culture to which our flailing Blue America increasingly seems to be drawn.

Pretty Boy Floyd and his wife: As told by Woody Guthrie:

It was in the town of Shawnee,
On a Saturday afternoon,
His wife beside him in his wagon
As into town they rode.
There a deputy sheriff approached him
In a manner rather rude,
Using vulgar words of anger,
And his wife she overheard.
Pretty Boy grabbed a log chain,
And the deputy grabbed his gun,
And in the fight that followed
He laid that deputy down.

Guthrie's anthem continues from there. People, we're just saying.