Does Auburn throw a hissy fit and ask for a recount? No.
Does Auburn file 61 frivolous lawsuits? No.
Does Auburn call the Ref and ask him to “find”, um, 15 more points? No.
Does Auburn ask its buddies in the Southeast Conference to just “declare” it the winner, despite no evidence? No.
The Auburn coach and players all shake hands with ‘Bama and wish them good luck in the Orange Bowl. Auburn doesn’t summon a mob of angry armed fans and send them to Tuscaloosa to beat up campus security and steal the Foy-ODK Sportsmanship Trophy.
“I mean that there is a shadow of something colossal and menacing that even now is beginning to fall across the land. Call it the shadow of an oligarchy, if you will; It is the nearest I dare approximate it.” Jack London, The Iron Heel (1907)
I solemnly swear that I will not accept or share irrelevant, self-serving, uncorroborated, isolated, cherry-picked, out-of-context, irrational, false, misleading, hateful or inflammatory statements of any kind. Before relying upon or sharing information, I will make sure that reputable sources corroborate the information. I am familiar with various methods of searching and reviewing all forms of media, government, academic and NGO resources.
I understand that the above sources may vary greatly in terms of potential bias or interest. I know that information sources are not all equally committed to accuracy or truth. I will be mindful of these subjective factors when I evaluate the information they publish. I also understand the difference between fact and opinion.
I therefore swear that I will be a Champion for Truth to the best of my ability, and will hold others to the same standards of honesty and integrity.
Prosecutorial discretion can be a complicated thing. It can get really complicated when the suspect is a person by the name of Donald Trump.
In the wake of Trump’s Impeachment trial, state and federal prosecutors are now in the spotlight. They need to weigh all kinds of factors, including the nature and gravity of the offenses, and various policy considerations. Prosecutors decide whether charges should be filed and what particular charges should be included. Once charges are filed, there are myriad discretionary decisions that will be made about how to conduct the case.
Today, the Senate failed to convict him of the Impeachment charge, but Donald Trump is still suspected of committing a wide range of criminal offenses, from Tax Fraud, to Conspiracy to Interfere with an Election, to Seditious Conspiracy Against the United States, and even aiding and abetting the Murder of a Capitol Hill police officer. So he is still subject to criminal prosecution in the courts, and the crimes themselves are about as serious as serious gets.
Mitigating circumstances? It is hard to imagine that Donald Trump, rich, powerful, Commander-in-Chief, had any mitigating excuses for these crimes that are under investigation.
How about policy considerations. This is where it gets really complicated. At first glance, that is. Prosecutors have the simultaneous duties to enforce the criminal laws and see that justice is done. But they have the inherent discretion to take other factors into account. So, when Donald Trump is the potential criminal defendant, the policy factors they need to take into account have national and international significance. On the one hand, they might worry that trying Donald Trump for serious crimes could cause a violent backlash. They might conclude that prosecuting him would somehow lead to more human suffering than it would prevent.
On the other hand, they must consider what effect it would have if Trump were never held accountable, what would that do to our principle that no one is above the law. How would such impunity affect our democracy, how might it embolden other would-be tyrants? How would it influence the opinions or actions of other nations? If Trump is able to escape justice through his personal status or his connections, could it have possibly devastating effects on our nation’s morale? Our country is already suffering from inequalities based on race, religion, gender, and other social factors.
If Trump evades prosecution and punishment, will he not continue to pose a threat to our democratic political system, and to our national security? Those are concerns which the House Impeachment Managers emphasized zealously.
Can Donald Trump get a fair trial in the criminal courts? That is a policy question that has to be looked at as well. But the Courts provide due process, including procedures for selecting an appropriate venue and a fair jury. He will enjoy all the constitutional rights of any criminal defendant.
Finally, prosecutors can and should consider humanitarian factors. Has the suspect already suffered enough? Is he remorseful, has he demonstrated that he is motivated to atone for his crimes, to repay society for the harm he has done? Is he using his words, actions, or resources to make the world a better, safer place? Did he appear at his Impeachment trial and admit what he had done and show that he has learned from his mistakes? Were there ever questions that deserved a more resounding “No” than these crucial questions in the context of Donald Trump’s behavior?
Prosecutors will have to make their own discretionary choices. We hope that they will exercise their authority wisely. It is not easy being a prosecutor and figuring out what is the right thing to do, in every case. I don’t envy them dealing with the pressure of having to sort out all the positives and negatives of prosecuting Donald Trump. But I think we will see them do the right thing. I think we will see some degree of justice achieved. That is an achievement that all rational Americans should desire and support. And rational thinking is what this country needs right now, more than anything, from all its citizens.
“Mr. Doe, you’re a U.S. Senator and a loyal Trump supporter, is that correct?”
“I stand with the President 100%.”
“And you agree with Mr. Trump that the election was somehow rigged against him?”
“It most certainly was.”
“What would it take to satisfy you that the election was free and fair?”
“Well, there would have to be a full investigation of every allegation of fraud.”
“Well, Sir, state election officials have done those investigations and found no fraud. The U.S. Departments of Justice and Homeland Security have also found no fraud. And the Courts have reviewed Mr. Trump’s claims and found no evidence of fraud. So doesn’t that address all your concerns, Senator?”
“No, it doesn’t.”
“I see. So what WOULD satisfy you that the election was free and fair?”
“Well I don’t know, there has to be proof that there wasn’t any hanky-panky going on.”
“What kind of proof?”
“How should I know, I don’t work in the election office. I’m a Senator.”
“So you’re saying that the people running the election are the ones who would know the actual facts.”
“Of course, that’s just basic horse sense.”
“And those officials have all confirmed the accuracy and fairness of the election, correct?”
“They said it, but they could be wrong.”
“All the state and local election officials across the country could be wrong? And you think you and Mr. Trump are right.”
“Yes I do.”
“And that’s based on . . ?”
“I told you, the election was rigged, there was fraud everywhere.”
“Senator, you’re up for re-election in 2022. Why should the people of your state send you back to Washington in two years?”
“The people of my state know I have always done everything humanly possible to improve their lives in every way.”
“Uh-huh. How much Covid relief for families, workers and small businesses are you voting for, Senator?”
“Well, we’ll have to see about that. This Covid thing has been way overblown. Very few people have died, it’s nowhere near as bad as what the . . .”
“Are you all right, Senator?”
“Yeah I just got a little dizzy there. Feels like there’s a weight or something on my chest, all of a sudden.”
“Gee that’s a deep cough you have there, Senator. How long have you had that?”
“Just the last couple hours, I . . .”
“Senator, the video output of your computer is a little blurry, but you don’t look so good. Do you have someone there who could take your temperature?”
“My wife Elaine is here but she’s in bed. She’s had the worst cold all day, can barely breathe.”
“Senator, my network is gonna call 9-1-1 for you. Okay?”
“9-1-1?”
“Yes, you know. One of those public services that you’re always saying will take us down the road to socialism.”
Until the federal government takes responsibility . . . states, counties and cities need to enact EMERGENCY laws PROHIBITING GUNS IN PUBLIC. Starting now. No guns in public. Big guns, little guns, pretty guns, ugly guns, manly guns, silly guns. Guns.
Otherwise, we are held hostage by angry armed thugs. We know that without their guns they’re cowards. With their guns they’re self-righteous bullies. I like them better without their guns.
Our criminal laws are found in statutes and court decisions, and they generally reflect our shared societal values. But they are often applied or enforced unfairly or unequally.
Assault, battery and other acts of violence are crimes, whether you’re in law enforcement or just a private individual. If you are defending yourself or others from harm, you are allowed to use reasonable force. You cannot use excessive force and if you do you are guilty of a crime of violence. These concepts are extremely complicated in real life. They get especially complicated in situations like arrests or detentions. There are whole sets of laws dealing with things like resisting arrest. Do not assume that you know what is reasonable and what is excessive. This applies to both police and private individuals. You may think something is reasonable but you could be wrong, under the law. Think with your head, not your gut.
The fundamental truth is that violence is violence and people get hurt and there is no excuse for any of that.
I read the New York Times article of April 12 (updated April 29), “Examining Tara Reade’s Sexual Assault Allegation Against Joe Biden”. The writers did not express an ultimate opinion about the truth or falsity of Ms. Reade’s accusation, but the overall weight of the article seemed to raise serious questions about the veracity of her claim. The article had a link to the podcast of Ms. Reade’s interview by Katie Halper in March. So I listened to the podcast of the full interview, more than one hour. She is totally credible. I was spellbound. She describes the incident so well that I can see it in my mind’s eye as if I had been there watching. I can say that about very few of the witnesses I have questioned over the years. I can see Joe Biden saying and doing exactly what Ms. Reade describes.
There are people in the media attempting to find inconsistencies but they focus mainly on outlying and second hand facts that are largely immaterial to the alleged incident itself. And Ms. Reade herself explained why it took so many years for this allegation to evolve, and why Joe Biden still triggers self-doubt and ambivalence for her. Well, there is no doubt in my mind that the incident happened and that it happened exactly or very nearly as she describes it.
The podcast interview is not testimony, in the legal sense. It is a statement, in a loose question and answer format. Ms. Reade is a victim/witness. Because people vary so much in so many ways, witness statements can range from extremely poor to unsatisfactory to average to good to great. In her interview by Katie Halper, Ms. Reade is a great witness. She is not merely credible or plausible, she is just about as good a witness as you could ask for. That’s based on forty years spent mostly in court. To use a well-worn descriptive formula, if I’ve seen one witness I’ve seen fifty thousand. Tara Reade is perceptive and articulate. She has depth and sensibility. She reminds me of my daughter. There are details and nuances in Ms. Reade’s statement. She puts everything in the real-life context of her own personal situation and the atmosphere of Senator Biden’s office. She has insight. Insight into her reactions, as well as Senator Biden’s actions and reactions. She is responsive, she is direct. Her reluctance to answer one of the particular questions is completely appropriate, it’s understandable. It hurts. There are things that she remembers and things she doesn’t. That is also appropriate. She does not try to make up answers for what she doesn’t remember. She is testifying from real memories, for better or for worse.
So, what does Joe Biden do? I will still vote for him either way. But I hope he does what Brett Kavanaugh didn’t do. I hope Joe Biden does what he did last year and admits that he’s not a saint, that he used to take liberties with women and their bodies, that he did something in 1993 that he is very ashamed of and that caused Tara Reade a lot of pain, and that he hopes he has begun to atone by becoming a better person and a champion of women and all the other segments of humanity who really need a champion in the White House right now.
“I hardly know the lady.”
“Sir, she’s your wife, she’s the First Lady of the United States because she’s married to you.”
“Can you prove that ridiculous allegation? I don’t see any evidence.”
“Mr. President, you’ve been married to Melania for many years. You have a child together. She’s traveled all over the world with you.”
“You see, this is exactly what I’m talking about. You liberal media guys are just mouthpieces for the Democrats.”
“Mr. President, I’m with The National Review.”
“Yeah? Well I don’t like smart alecks. Sit down and shut up or I’ll take your White House press pass away. You there, with the big cross and the NRA cap. What’s your question?”
“Mr. President, I interviewed you and Mrs. Trump just last month. My paper gave your campaign a big check and a special commemorative assault rifle. When Mrs. Trump said she’s afraid of guns you pulled the trigger just to show her it wasn’t loaded. The problem is, Mr. President, now you say you barely know her and, uh, it kinda, you know, makes my paper look bad.”
“What the—”
“Mr. President, are you trying to distance yourself from Mrs. Trump because of—”
“I didn’t call on you, you’re very rude and out of—”
“—because of her statement today that she’s worried about you, that you’ve been talking Russian in your sleep and—”
“Security, I want that woman removed from this—”
“—and that you’ve been choking your pillow and calling out Rudy Giuliani’s name?”
“I don’t know that Giuliani guy. I think I saw him once at one of my country clubs, he was trespassing and double bogeyed the tenth hole.”
“Sir, over here Sir. In 2016 you said you would jump off your penthouse balcony if Melania asked you to, that’s how much you love and depend on her.”
“I never said that. Melania who?”
“Nice try, Mr. President. Every network has news footage of you saying that, Sir, and giving her a big sloppy kiss right afterwards.”
“It’s fake. They used computer tricks.”
“Mr. Trump, the whole world is watching this news conference as we speak. Do you realize that you are destroying any shred of credibility that you might still have had left?”
“That’s right, Mr. Trump, you can’t deny what the whole world sees and hears and what these cameras preserve for the record.”
“You guys think you’re so smart. Well how do I know that this is really me talking? How do I know that some Democratic conspiracy hasn’t built a fake me and put him up here at this podium to say things that make no sense? Maybe this whole room is a fake. Maybe all of you are hoaxes. Maybe you’re all holograms. Maybe the whole government is a hologram. Which means I’m a hologram. Which means I’m not the me that said that I’m me because I’m the me that someone else said was me before they realized that I’m a lot smarter me than that other me and I’m also twice as rich as that other me, and a hell of a lot better looking or why else would all those magazines and TV shows keep flashing my picture everywhere and why else would all those sexy broads keep flirting with me and make me do things that only a hologram could do and maybe I should ask for a better hologram, one with better hair, although really my hair is perfect, it was a perfect haircut, it was a beautiful haircut, there was nothing wrong with that haircut, there was no quid pro quo for any kind of investigation into anyone else’s haircut. Speaking of investigations, did you ever notice that it begins with the word ‘invest’? If they didn’t want rich people to own investigations and make money from them, they should have called them something else. Am I right? Any suggestions? Why do I see holograms wearing D.C. Department of Mental Health uniforms? Why are they coming towards me and smiling like Newt Gingrich? Why is Mike Pence coming towards me. Did you ever see a hologram with such a ridiculous smile?”
Shouldn’t Propositions be for gut issues like same-sex marriage, assault weapons ban, legalizing marijuana, and the death penalty? Honestly, we’re not qualified to decide whether EMT’s should be on-call during their lunch breaks or not.
“She drowsed and wakened. Surely someone would find them. Was it better to be shot than to watch her child starve? In the cold, she held him close, and he slept and woke through the night, sucking at her dry breasts.”
In her new story collection Trip Wires, Sandra Hunter has an uncanny ability to get inside the heads of ordinary people caught in the widely-scattered wars that have defined, tragically, the beginning decades of this millennium. These are the ones who can get out and the ones who can’t. These are ordinary people who, in desperation to survive, do extraordinary things.
Their stories are disturbing. With harrowing realism Hunter shows us their poverty, their scars, their journeys, their nightmares, their courage. And sometimes their humanity. The above excerpt comes from the story “Borderland”. That story is a full-force punch to the gut, depicting a young mother fleeing a nameless war in a lifeless land. But the young mother discovers human kindness in places and proportions that no one could imagine.
These stories are not for the faint of heart, and it is natural for us to avoid emotional “trip wires” that unleash the shocks and horrors of war. But the suffering is real and, lying just beneath the surface of our world, we can’t avoid it forever. Maybe, with the insights of authors like Sandra Hunter, we can learn why we need to urgently defuse those senseless conflicts that have booby trapped our present and maybe our entire future.
Listen, Judge Kavanaugh, I know where that anger is coming from. It’s pain, man, and you don’t need that, nobody needs that. You gotta let it go, man, it’s time. You don’t wanna suffer the rest of your life, it’s not worth it.
Whether you’re on the Supreme Court or not, you don’t wanna be bitter and angry the rest of your life. That’s no life. There’s only one thing to do, you gotta do this: You gotta face up and let it out. You gotta come to terms with what you did and you gotta let it out. You gotta get some therapy, man, and come to realize that kids do dumb things because they’re kids. Drinking, peer pressure, total immaturity, all those factors. But 98% of them grow up and grow out of it and that’s exactly what you did. You matured, you left those behaviors behind. I know, I worked in Juvenile Court for a number of years and I learned that kids are kids and they do a lot of rotten things because they’re kids and their brains and hormones are like refried beans and hot sauce and nearly all of them grow out of it when that magical thing called maturity (or indigestion) takes hold. You are a perfect case in point.
Sometimes, though, character becomes an issue and the memories are still there and the pain is there and you gotta deal with it. That’s where therapy comes in. And honesty, including honesty with yourself. It’s the only way. The only way to peace of mind. Life is too short, man, nobody needs that kind of thing hanging over their head. The guilt. It’s not too late. It’s the perfect time. Take a deep breath. It’s not too late for Justice Thomas, either. With all due respect, he could finally find some happiness, some peace of mind, some joy even, if he just opened up and finally came to grips with what he did, and what he denied. You don’t wanna be a bitter, angry judge for all those years, nothing could be worse. I have a feeling that, if you face up to your past with courage and honesty and come to terms with it, you could be a pretty decent Supreme Court Judge. Way too conservative, of course, but decent and reasonable and compassionate.
And you might be surprised at how forgiving people can be. Forgiving to those who have hurt them and forgiving to themselves. Boy, it’s the best thing. But you can’t force it.
Listen, Judge Kavanaugh, I know where that anger is coming from. It’s pain, man, and you don’t need that, nobody needs that. You gotta let it go, man, it’s time. You don’t wanna suffer the rest of your life, it’s not worth it.
Whether you’re on the Supreme Court or not, you don’t wanna be bitter and angry the rest of your life. That’s no life. There’s only one thing to do, you gotta do this: You gotta face up and let it out. You gotta come to terms with what you did and you gotta let it out. You gotta get some therapy, man, and come to realize that kids do dumb things because they’re kids. Drinking, peer pressure, total immaturity, all those factors. But 98% of them grow up and grow out of it and that’s exactly what you did. You matured, you left those behaviors behind. I know, I worked in Juvenile Court for a number of years and I learned that kids are kids and they do a lot of rotten things because they’re kids and their brains and hormones are like refried beans and hot sauce and nearly all of them grow out of it when that magical thing called maturity (or indigestion) takes hold. You are a perfect case in point.
Sometimes, though, character becomes an issue and the memories are still there and the pain is there and you gotta deal with it. That’s where therapy comes in. And honesty, including honesty with yourself. It’s the only way. The only way to peace of mind. Life is too short, man, nobody needs that kind of thing hanging over their head. The guilt. It’s not too late. It’s the perfect time. Take a deep breath. It’s not too late for Justice Thomas, either. With all due respect, he could finally find some happiness, some peace of mind, some joy even, if he just opened up and finally came to grips with what he did, and what he denied. You don’t wanna be a bitter, angry judge for all those years, nothing could be worse. I have a feeling that, if you face up to your past with courage and honesty and come to terms with it, you could be a pretty decent Supreme Court Judge. Way too conservative, of course, but decent and reasonable and compassionate.
And you might be surprised at how forgiving people can be. Forgiving to those who have hurt them and forgiving to themselves. Boy, it’s the best thing. But you can’t force it.
Some people talk about a vengeful God, but do we really want an angry, vengeful man on the Supreme Court? Especially if he knows, deep down, what he has done and what he is unable (perhaps even to himself) to admit?
That anger has to come from somewhere, and I think now we know its true source.
Now we know what Trump and Putin were talking about in their private meeting in Helsinki. Space Wars. Maybe they already have a board game designed and the whole summit was set up so they could try it out without anyone looking over their shoulders. Maybe they had a couple of those lightsabers from last year’s Star Wars convention and were jousting all over Gothic Hall in Helsinki’s Presidential Palace while their highly-paid advisors were standing outside in the hallways looking lost.
Because if Trump is so gung-ho about creating a Space Force, a sixth branch of the military, you better believe Putin is just as gung-ho about the plan. What better way for the two bullies to distract attention from real issues, award giant contracts to their friends in the military arms industry, and, at the same time, have a heck of a lot of fun acting out their science fiction fantasies.
Nevermind that our space programs already have cost billons and billions of dollars with little real benefit to our struggling species here on earth. Nevermind that we already have plenty of terrestrial wars and genocides and terrorist attacks to keep us busy day and night just adding up the number of deaths of innocent victims.
Maybe Trump will appoint William Shatner as Commander of the Space Force and Harrison Ford as Chief of Star Battles. On second thought, he’ll probably appoint his sons. Their birthdays are coming up.
If only I could sleep. Tomorrow is too important. That’s why I can’t sleep. If I’m too tired tomorrow how can I be strong for myself and for my kids. By tomorrow this time where will I be, where will my children be? I don’t want to think about it. But I can’t help it. I can’t help thinking that I have done this to my children. That I have put them through so much danger, that I don’t know what kind of dangers are ahead for them. What will happen if we are separated? How can they speak for themselves, they don’t know English, not enough to explain our situation. Neither do I, but at least if we were together—
Look at the way Antonio is sleeping, hugging his backpack like it was his old stuffed dinosaur. Jacklyn, thank god, she’s asleep, poor thing. I hope she doesn’t remember that nightmare when she wakes up. But how will she ever lose the memory of what happened to her after we left Durango. Molested by that gang member who carried drugs, while I was throwing up in the brush from the bad food. Her clothes torn and she had thrown up, too, from the things that monster did to her. Even now, look at the way that man sleeping near her keeps inching closer every time he turns over. In a minute I am going to wake her and trade places with her. She didn’t deserve any of this cruelty.
I really wish to god I had turned back before we got to the border of Mexico. But the farther we went the harder it was to turn back. How can I ever forget this living nightmare? This thing I have done, listening to false promises and lies and giving all our money to these bastard smugglers, these “coyotes”, who tell you they will keep you safe and get you to the U.S. and you will have a job there and a place to live. I was a fool, just like all these other people. And now look what I’ve done to my children. I suppose that’s the real reason why I can’t sleep.
Robbed twice, then arrested by Mexican immigration, they separated me and my children for two days. Then they finally let us go and told us not to stop until we reach the U.S. border. I was almost raped by that bastard smuggler but those two men from my country were nearby and saw I was in trouble and scared him off.
I miss the baby so much. But how could I bring her? You can’t take a three year old on this kind of travel. Some people do, but—. Will I ever see her again? Will I ever see Grandma? Sometimes I wonder if I ever really will.
In the morning I have to be sure the children remember those two words: Asilo Politico. The coyotes tell us that the Americans have nice hotels for families like us, we will get our own room, food, everything we need while they listen to our case. I don’t really believe any of that. I don’t know where they will put us. I don’t know if they will take my children from me. But I know they will not harm my children, they have compassion, they will give them plenty of food and a safe place to sleep with other children. Maybe they will let me visit them. That is all I care about. Maybe I will be able to sleep at night then. If I could only sleep now. But first I must move Jacklyn to the middle, between me and Antonio. I don’t want to wake him. He needs these few hours of peace. Before tomorrow comes.
I’ve been away from immigration law for six months now, but I can tell you this: There is no law that requires undocumented children and parents to be separated. If there were such an absurd law, you would have known about it long ago. Family unity is a fundamental principle of our immigration laws. You find it written into all aspects of our laws.
There are various laws and regulations that require certain removable aliens to be detained. Some criminals and those who pose a terrorist or security threat must be detained. Others may be detained or have a reasonable bond set if they are a danger to the community and/or are a flight risk. A lack of strong ties to the U.S. or the lack of any legally valid basis for remaining here generally indicate that the individual may be a flight risk.
If a parent is detained for one of the above reasons, then obviously the child cannot be kept with the parent in an adult detention facility and must be placed elsewhere. Undocumented children are not kept in immigration jails. Under the Flores v. Reno class action settlement, such children must be placed in the “least restrictive” setting appropriate to their age and needs. This might be a licensed group home or foster home, if no other relative is available. They go to school, receive medical care, counseling, etc.
Homeland Security has built family detention centers with family living units, but there are tens of thousands more families than can be accommodated. And other class action lawsuits have caused some of these centers to be shut down.
Family separations are thus an unfortunate, albeit temporary, situation that comes with immigration enforcement. Such separation should never be used as a deliberate policy.