"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.

58 comments:


  1. "...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."

    So what. I saw a video today, in which an elderly actor hired by your tribe's political campaign told everyone in the world that people he doesn't likes have no place in New York city - "his city".

    This way of thinking appears to be quite common for your tribe's faithful.

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    1. Robert DeNiro is responsible for his opinions but not those of anyone else. If he wants to rant, he has earned that privilege by virtue of having made some excellent films. And he lives in the neighborhood where that trial is taking place. A savvy politician would show respect for the man, no matter what he said, because he is a national treasure and an icon to most of those who watch movies. A stupid troll would think this is an occasion for owning libs.

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    2. Even Somerby probably admires Robert DeNiro.

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    3. 4:48 that's rich, coming from the anti-immigrant tribe.

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    4. Trump wears diapers because he poops his pants, creating noxious Trump Stench; Trump likely has at least one contagious STI; Trump is a criminal and a repeat offender.

      (he may also have some good and decent qualities, if you ask Somerby anyways)

      Trump is a walking talking public health crisis and a menace to society.

      Trump should be quarantined and separated from his children - even according to his own policies.

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    5. Aw, he was just saying, "Don't Try That in a Big Town."

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  2. Burns is over 70. Maybe he’s losing it. Maybe Trump and Biden are losing it๐Ÿ˜ฅ

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    1. Best to vote for the tiny-handed rapist, who feeds your insatiable need for bigotry, just in case.

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    2. Somerby is somewhere in the neighborhood of 77. Maybe all old people should be forced to become Soylent Green? (Only old people will get that reference.)

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  3. Somerby is once again harping on his theme that we are segregated by viewpoint, but the bigger division in terms of voting and opinion is between men and women, especially between younger people.

    I believe this gender-based division exists because the needs and interests of men and women differ -- so these are real and important differences, not simply a matter of perspective. It can be boiled down to women are rejecting the patriachy and men want to preserve it. Women support Democrats because their interests are better served by that party. Men support Republicans for the same reason. It is odd that Burns did not mention gender/sex among his list of dichotomies.

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  4. Somerby quotes and agrees with Part A of Burns' address but he doesn't summarize or paraphrase much less quote Part B. That's because Somerby says he agrees with Burns on Part A but not on Part B. Then he asks how Burns got to Part B, but how can any reader answer that question when Somerby has entirely omitted Part B from today's essay?

    That is how Somerby puts his thumb on the scales today, in favor of the part he agrees with, the only part worth mentioning. And that is how a reasonable discussion becomes propaganda or disinformation. And it is dishonest of Somerby to distort what Burns said by leaving out the part he disagrees with, while criticizing Burns for saying it.

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    1. Somerby never states a case. It's all innuendo. "Anything is possible."

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    2. 5:08

      Hi, when you reexamine the blog post, perhaps after a hot cup of coffee or a warm, salted bath, you will see Somerby fully included Part B by summarizing and paraphrasing it twice. He criticizes this part of the address for contradicting the earlier message about embracing nuance and avoiding binary thinking. Which some may say is ironic within the intimacy of our current little chitchat. ๐Ÿง๐Ÿพ‍♀️

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  5. Men tell me they are not ready to have sex, and I sniff my fingers. I spam Somerby's blog. Somerby's thumb is yummy. My finger smells funny.

    I am Corby.

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  6. Sommerby on Burns : "....and we're not sure ever seen a less coherent presentation."

    Clear evidence Somerby never reads his own writing.

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  7. Amusing off topic:
    The Appeal to Heaven flag that’s been the subject of criticism Justice Alito flew outside of San Francisco’s Civic Center for decades.

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    1. Why is that amusing, David? That flag did not have the same meaning and significance at that time. Now it has been appropriated by a White Christian Nationalist movement. Don't deny it. That is when Alito decided to hoist it up the old flag pole and give us the middle finger.

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    2. That’s why it’s amusing to my good decent friend David.

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  8. I’m not sure how Burn’s formulation about our fellow citizens or the political stakes in play is different from what Bob has often expressed.

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    1. Burns said there is only one choice — meaning Biden. Somerby says Biden is his choice but he promotes Trump every day. That isn’t the same.

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    2. Anonymouse 7:23pm, not only is it not the same, it’s not even true.

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    3. Bob would like to discount his own frequently stated opinion of the mental status of Donald Trump in order to criticize Burns. Is voting for a "deranged" and "mentally disordered" candidate a viable option? Apparently so, according to none other than Bob Somerby.

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    4. Unamused, yeah, there’s a disconnect there with Bob’s response to Burn’s opinion on the logic of voting for Trump and there’s a similar disconnect between Burns and anonymices as to his feelings towards the people who intend to vote for Trump.

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    5. This comment has been removed by the author.

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    6. OK although I don't quite understand your second comment. You are saying that anonymous commenters don't understand Burns's feelings?

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    7. Unamused, I’m saying that Burns doesn’t harbor distain for people who don’t share his views.

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  9. This is the same post he did a couple days ago.

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    1. Someone needs to request a wellness check on poor old Somerby.

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  10. Somerby gets excited when he can point to someone expressing the same ignorant garbage he himself clings to...

    ...even if Somerby has to misquote or misinterpret or cherry pick.

    Integrity, insmegrity; it's for the birds.

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  11. On a clear day, some can see forever.

    On a clear day, Somerby has no clouds to yell at.

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    1. Anonymouse 7:08pm, on any given day Somerby is shadowing your existence like a guilty conscience.

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    2. What's Bob going to do about it? Make an argument in good faith? LOL. I'll take my chances.

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  12. Suppose the Trump Administration consider you an enemy and is trying to punish you. The prosecutor announces that he is looking for some crime with which to charge you.

    The Trump people search all parts of your record. They eventually find an old 2016 tax return in which you reported one type of expense as arguably another type. The difference didn't affect your tax. And, its long past the 3 year statute of limitations on tax returns.

    Nevertheless, the Trump Administration finds or creates a loophole whereby they can still re-open your return and punish you. The use of this loophole doesn't require agreement by a jury on whether it applies or not. At worst, the use of the wrong expense category is a misdemeanor.

    Nevertheless, they find a corrupt prosecutor and a corrupt judge who convince a jury that your supposed crime is somehow a felony. The corrupt judge and corrupt prosecutor get a jury of Trump supporters. They convict you and put you in prison.

    This shocking scenario is equivalent to what they are doing to Trump right now.

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  13. Suppose the Trump Administration consider you an enemy, so they set out to punish you. The prosecutor announces that he is looking for some crime with which to charge you.

    The Trump people search all parts of your record. They eventually find an old 2016 tax return in which you reported one type of expense that arguably should have been reported as another type. The difference didn't affect your tax. And, it's long past the 3 year statute of limitations on tax returns.

    Nevertheless, the Trump Administration finds or creates a loophole whereby they can still re-open your old return and punish you. The use of this loophole doesn't require agreement by a jury on whether it applies or not. At worst, the use of the wrong expense category is a misdemeanor.

    Nevertheless, the Trump Administration see to it that the case is handled by a corrupt judge and a corrupt prosecutor. Their goal is to convict you, not to do justice.
    The corrupt prosecutor and corrupt judge get a jury of Trump supporters. They convict you and put you in prison.

    This shocking scenario is equivalent to what they are doing to Trump right now.

    P.S. the corrupt judge creates a gag order, so that you will will be imprisoned if you complain about the unfairness of this procedure

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    1. David,
      Does your wife wear a "Trump: Fuck Your Feelings" t-shirt in response to you when you rant like this at home?
      She should.

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    2. "Nevertheless, the Trump Administration see to it that the case is handled by a corrupt judge and a corrupt prosecutor."

      Goes without saying.

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    3. "P.S. the corrupt judge creates a gag order, so that you will will be imprisoned if you complain about the unfairness of this procedure"

      Not what the gag order was about. But you know that already.

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  14. This is great! You have evidence that the Biden Administration and not the NY district attorney brought this lawsuit. And that the judge is corrupt! Go ahead and show us your evidence.

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    1. Is the issue not the proof but the perception among potential undecided voters?

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    2. By the way the jury selection process involves the defense team. Your fantasy scenario about a Trump administration going after Biden has come to fruition, several years ago, when Trump withheld aid to Ukraine after Zelenski refused to knuckle under to his phone call demanding to have Biden investigated. Resulting ultimately in Trump's impeachment. So once again show us where Biden was involved in the hush money lawsuit since you repeatedly lay claim to some information that his administration wss behind it. Otherwise you are an ignorant lying troll.

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    3. Correct me if I'm wrong but the Democratic party is having trouble with black voters. Seรฑor Biden is out there doing everything he can to put a stop to their exodus out of the party. Correct me if I'm wrong but African Americans are more likely to be overcharged with more serious offenses by corrupt prosecutors and have been deeply affected by generations of harsher sentences and less favorable outcomes issued by unfair judges. No?

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    4. Given all that, Unamused, do you think some kind of smoking gun proof is even relevant? Isn't the issue the perception of potential voters, like black people?

      Isn't that the relevant and more interesting aspect we are dealing with here?

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    5. 11:48, 12:03. So you believe that this nonsense spewed by Trump and his ignorant cult (and you could likewise include his assertion that Biden sent a hit squad to Mar a Lago) is an appeal to black voters? I think it is more consistent with Trump enjoying the perpetual victim role but sure, why not?

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    6. I believe the prosecution is so silly and so nakedly political it plays right into Trump's hands, allowing him to play a victim. And at the same time it hurts it Biden in that constituencies like the black population will look at the prosecution and make a judgment about it based on their experience and regardless if there is or is not smoking gun proof, they will look at it as impartial and biased which will not do anything to help sway their vote towards Biden.

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    7. The same goes for all undecided voters who hear Democrats accusing Trump of wanting to "end democracy" or calling for a "final solution". Ironically, this is Trumpian rhetoric! It's obvious bullshit. I think it does more to repel undecided voters than attract them.

      I think that this trial and a lot of the ways the Democratic establishment tries to portray Trump to undecided voters is foolish and shortsighted.

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    8. 11:48, 12:03. DIC laid claim via an analogy to information that the Biden administration was behind the hush money trial and that the judge is corrupt. That is not a "smoking gun" issue. Assertions that cannot be corroborated are a common features of Trump and his cult, and should be recognized as the garbage that they commonly spew.

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    9. 12:06,
      Only Right-wing cucks wear "Trump: Fuck Your Feelings" t-shirts.

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    10. In sports psychology, there is a concept of "playing not to lose" versus "playing to win." When someone plays not to lose, they become overly zealous and desperate, which can lead to errors. In contrast, playing to win involves sticking to a solid game plan and playing confidently within one's abilities.

      I believe that Democrats, in their reaction to Trump over the past eight years, have been guilty of playing not to lose. This approach has significantly hurt them in a way that will affect this election and really affect the party for a very long time.

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    11. " DIC laid claim via an analogy to information that the Biden administration was behind the hush money trial and that the judge is corrupt. That is not a "smoking gun" issue. Assertions that cannot be corroborated are a common features of Trump and his cult, and should be recognized as the garbage that they commonly spew."

      Cool. Sounds good.

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    12. 12:34,
      I, too, think Democrats aren't trying to beat Trump in the courts.
      It's just something morons say.

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    13. That makes sense.

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    14. Yes, everything you stupid earthlings see with your own eyes is nonsense, garbage, something morons say.

      And what we shape-shifting alien Reptiloids tell you, is what's really happenings. Remember that, pathetic losers. Never doubt us, your overlords, you pathetic inferior species.

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    15. Is the issue not the proof but the perception among potential undecided voters?

      Not to Dickhead in Cal.

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  15. Lifelong Democrat here. I will vote for Trump this year, because he promised a bloodbath if he loses. I don't want a bloodbath, I'm scared of it. Everybody, please vote for Trump.

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  16. To make the statement that voting for Trump is voting against democracy and therefore this is not a normal election because a normal election in a democracy involves voting for candidates that all support the system in which they run. Normalizing the race as the media has is the mistake. It is not a matter of othering people to point out that at base Trump is a facist. He has shown what he will do (with January 6th where he worked his plan to end our democracy).

    This is not an election of Democrats versus Republicans - this is an election of Trump versus democracy. A failure to recognize this is a failure of perception - not an ironic othering.

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  17. Vote like it's the last election your vote will count for something, because if Trump wins, it will be.

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  18. I see Alito isn't going to recuse himself from cases involving January 6th insurrectionists, using the Originalist "Fuck you, because I said so" clause found in the United States Constitution.

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