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A blog about political change, among other things

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The huge miscarriage of justice in the Potter case

The New Neo Posted on December 29, 2021 by neoDecember 29, 2021

Here’s a good summation by Andrew Branca of the travesty of the Kim Potter conviction:

it’s my professional opinion that the conviction of Potter on charges of manslaughter is a blatant miscarriage of justice based on the fact that manslaughter in this case properly required proof beyond a reasonable doubt of reckless conduct, that reckless conduct in this case properly requires the conscious disregard by Potter of an unjustifiable risk of death or serious bodily injury to Daunte Wright, and that the jury was presented with exactly zero evidence that Potter consciously disregarded the risk that resulted in Wright’s death.

Indeed, it was uncontested throughout the trial that Potter never even knew she had a gun in her hand during her encounter with Wright, and one cannot consciously disregard a risk that one does not know exists.

To the extent that Potter ought to bear responsibility for unintentionally killing Wright, that responsibility is at worst based on negligence, the unknowing creation of an unjustified risk, and subject her to merely civil liability. Absent a conscious disregard of risk, for which no evidence exists in this case, her conduct cannot qualify as recklessness raising criminal liability…

This distinction…is extremely old and well-established law…

Branca adds that the prosecution was allowed to misstate the law in order to convict Potter, and the judge did not correct their statements and did not give the jury the proper law in her instructions prior to their deliberations.

A travesty, indeed. I keep writing about this verdict because it troubles me greatly in terms of the disregard of the law in order to get a political outcome. It has tremendous repercussions in terms of police reluctance to do their job. Who does this hurt the most at this point? Poor minority groups who are the main victims (and perpetrators) of violent crime.

Alan Dershowitz weighs in as well:

“Horrible tragedy, not a crime. It’s not a crime to make a mistake, and she was falsely convicted of anything.”

Judge Regina Chu “acted lawlessly” in denying bail for Potter, and Democrat state Attorney General Keith Ellison engaged in “a complete abuse of justice,” Dershowitz told co-hosts Carl Higbie and Amanda Brilhante.

“This judge acted lawlessly,” Dershowitz said. “The law in Minnesota is you are entitled to bail pending appeal, if your appeal isn’t frivolous – and it isn’t frivolous – and not likely to flee – she’s not going anywhere – and if you’re not a danger people,” Dershowitz said, noting the judge has failed to strictly apply those criteria to a repentant 26-year police veteran.

“She engaged in completely lawless behavior, and I think if Potter’s lawyers appealed the denial of bail immediately to the appellate courts, she may very well be released, pending appeal.”

I agree with his analysis of the law, but I disagree with his prediction about Potter’s likelihood of release on bail if the denial is appealed. My disagreement isn’t based on law; it’s based on politics.

Posted in Law, Violence | 18 Replies

Oh, so now the CDC tells us

The New Neo Posted on December 29, 2021 by neoDecember 29, 2021

The director of the CDC has made an announcement:

The newly updated CDC guidelines don’t require testing at the end of isolation because PCR tests can stay positive for up to 12 weeks, CDC Director Dr. Rochelle Walensky told “Good Morning America” Wednesday. “So we would have people in isolation for a very long time if we were relying on PCRs,” Walensky explained.

Wait, what?…

This follows them shortening the isolation period from 10 days to five days for those who were asymptomatic at that point, although they recommended that the people continue to wear masks for five days. Dr. Anthony Fauci revealed that at least part of the reason was economic — because otherwise there could be so many people out society could grind to a halt.

What are we to make of this? What I make of it is that the Democrats have decided their draconian approach to COVID is losing them votes, compliance is getting iffier, and they’re not even doing well in the courts. Time to lighten up.

Are we to understand that they’ve just found out about the false positives with PCR tests? I find that extremely implausible, and they don’t even seem to be asserting it – just that economics dictate the change. They also seem to be implying that because Omicron is so contagious (and probably so relatively mild), it’s just not practical to continue the old rules. But what were those old rules based on? Very little – sort of like the guidelines that had us washing our fruits and vegetables and plastic containers in some sort of soapy bath for a while, or the articles from just a week or so ago that said despite its seeming mildness Omicron would cause a great many people to die.

Not everyone who comes down with COVID right now has Omicron, either, so the new rules don’t make sense for that reason – or rather, they probably make a lot of sense and would have made sense if they’d been implemented a long time ago. But it’s been clear pretty much from the start that politics has ruled the rules. Initially the political goal was to harm Trump, and now it is to help Biden if possible. The problem for the CDC and the administration is that much of the American public doesn’t believe them anymore about much of anything. They have squandered that initial trust.

Posted in Health | Tagged COVID-19 | 17 Replies

Deaths: Harry Reid; John Madden

The New Neo Posted on December 29, 2021 by neoDecember 29, 2021

RIP.

Two very different figures who would not ordinarily be mentioned together have died in tandem.

I’ll say little about Harry Reid, except that when he retired from public life I celebrated his exit.

As for Madden, I can’t say he’s been on my radar screen – not a football fan – but I know that he’s generally quite a beloved figure as coach and sportscaster and so I though people might want to talk about him in the comments.

Posted in People of interest | 21 Replies

Open thread 12/29/21

The New Neo Posted on December 29, 2021 by neoDecember 29, 2021

They must have thought it well worth the effort:

Posted in Uncategorized | 32 Replies

[BUMPED UP: Please scroll down for today’s new posts] Many many thanks for your donations

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

I want to extend a deep and heartfelt “thank you” to all who donated recently. I am so very grateful to you all. It means a lot, and helps me continue writing here. The blog is a labor of love, but money certainly helps.

Posted in Blogging and bloggers, Finance and economics, Me, myself, and I | 5 Replies

Of course students have been damaged by school closures due to COVID

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

No surprise here, but very sad nonetheless:

School closings and "remote learning" have caused a massive mental health crisis among teenagers. This, and the disruption to their intellectual development, will be enduring and severe.https://t.co/Q3mtWJ9MnR pic.twitter.com/ONrnYIWBPI

— Glenn Greenwald (@ggreenwald) December 26, 2021

So apparently even the NY Times is acknowledging the situation.

At the very beginning of the COVID pandemic when we knew less about it, closing schools very temporarily seemed arguably prudent. But it rather quickly emerged that it really wasn’t going to matter, and that such closings would be detrimental in a host of ways, chief among them psychological damage to the students involved. And yet many states and cities (blue) continued the closings for a long time, mostly in order to placate the leftist teacher’s unions. It has been quite obvious for a long time that teacher’s unions are not interested in the well-being of students.

Posted in Education, Health | Tagged COVID-19 | 22 Replies

Biden says there’s no federal solution for COVID

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

Apparently, when Trump was president there was a federal solution, and Trump failed to provide it.

Bad Trump. Bad bad Trump.

And when Biden was a candidate, there was a federal solution – a secret, magic one – and Biden would provide it if he were elected and it would shut down the virus.

And some exceedingly gullible and ignorant people apparently believed this would be the case.

But now that Biden is president and he has failed to provide that solution, it seems that it’s because no such solution exists. Fancy that:

Look, there is no federal solution. This gets solved at a state level. I’m looking at Governor Sununu on the board here. He talks about that a lot.

Sununu is the Republican governor of NH, a state that has been fairly open since June of 2020 and which, despite a recent rise in cases, has been doing relatively well all along in terms of hospitalizations and deaths.

But nothing about COVID is “solved” at the state level; there’s just too much we don’t know about how to stop its spread. The best a governor can do – and I believe that for the most part Sununu and most other Republican governors have done it – is to monitor the situation, try to protect the most vulnerable such as the very elderly, and keep the schools and economy going in as close to a normal fashion as possible.

By the way, in that same phone call in which Biden admitted there was no federal solution, he added the following lies:

And as — as I said last week, Omicron is a source of concern, but it should not be a source of panic. If you’re fully vaccinated and you get your booster shot, you’re highly protected. If you’re unvaccinated, you’re at a high risk of getting severely ill from COVID-19, being hospitalized, and, in rare cases, even dying.

Actually, far as we know, no one is “at high risk of getting severely ill” from the Omicron variant, whether vaccinated or unvaccinated. For that matter, unless a person is very ill from something else to begin with, or is mega-old, there isn’t much of a risk even from the other COVID variants, statistically speaking. And even in those groups, the risk from other variants is not really “high” in the absolute sense, although it is definitely higher.

Posted in Biden, Health | Tagged COVID-19 | 20 Replies

Barnes and Frei on the Potter verdict

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

This discussion is well worth hearing. I’ve cued it up for the twenty minutes that are relevant to the Potter conviction. Their remarks only reinforce my belief that any white Minneapolis police officer should quit the force immediately, in order to protect him or herself:

Posted in Law, Race and racism | 9 Replies

Rick Beato on autotune

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

Oh how I detest autotune.

Rick Beato doesn’t detest it quite as much as I do, but he’s not the least bit fond of the way it’s commonly used today:

Posted in Music | 14 Replies

Open thread 12/28/21

The New Neo Posted on December 28, 2021 by neoDecember 28, 2021

In case you ever wondered:

Posted in Uncategorized | 29 Replies

Maus

The New Neo Posted on December 27, 2021 by neoDecember 27, 2021

[NOTE: The topic of the two-volume graphic novel Maus came up in a recent thread, and I’ve decided to republish a review that I first wrote in 2009. So here it is.]

I recently reread the two-volume graphic novel Maus, by Art Spiegelman. It struck me once again, as it did the first time I read these books, that they should not work on any level. And yet, against all odds, they constitute a bona fide masterpiece.

Why should they fail? Let me count the ways. Because of our over-familiarity with the genre, as well as the risk of trivialization, Holocaust stories are inherently difficult to write, especially by people such as Spiegelman who did not directly experience the horrors. He chooses to write in the form of the graphic novel—in other words, a lengthy cartoon. This genre should be especially offensive as a medium for telling so deeply horrific and monumental a tale.

What’s more, Spiegelman decides to depict the protagonists as various animals, which might have served to underline the cartoon aspects as well as dehumanizing the story: the hunted Jews are mice, the Nazis are cats, Poles are pigs, Russians bears, Americans dogs. And he intersperses his own experience of typical and somewhat pedestrian intergenerational angst and parent-child strife with the searing Holocaust sufferings of his parents.

How is it that Spiegelman manages to succeed? He begins slowly, by introducing his father Vladek but concentrating on their present-day post-Holocaust American life (the book was first published in the mid-80s). The man is so crotchety and annoying, so stingy and testy, that the reader shares Spiegelman’s frustration with him. And then the son gets the idea of interviewing his father about his experiences during the war, and the story begins to shift gear into a very different time and place.

Part of the power of the book comes from the idiosyncratic, colorful, and yet laconic way Vladek expresses himself, in accented English that conveys his practical and canny nature. The use of animals to portray the different ethnic and national groups stops seeming strange and becomes powerfully symbolic, keeping the reader from ever forgetting for a moment that these identities were the most salient characteristics of the world in which Vladek and his fellows lived, marking him and his fellow Jews as hunted prey and others as predators, helpers, or neutrals.

The reader learns at the outset that Spiegelman’s mother is dead. Although she came through the Holocaust seemingly intact, she committed suicide when Art was a young adult. As Vladek’s story introduces the reader slowly to the person she was, it becomes more and more apparent that the love between the two was an extraordinarily powerful force, and largely responsible for her wartime survival. Vladek was able to at least temporarily transfer some of his own remarkable gift for endurance to his wife. He was very clever and resourceful. But “clever” and “resourceful” are mild words to describe his stunning ability to find a way out of almost any situation.

Virtually all Holocaust survivor stories involve large elements of both luck and skill. But, having read many such tales, I think I can safely say that Vladek’s history involves more of the latter than any other such story I have read. He is always planning ahead, always thinking, always ingratiating himself with those who might be able to help him in the future. He pretends to have knowledge and training he lacks, and then he makes it his business to learn those skills and to learn them quickly and well (shoemaking, tinsmithing). Although starving, he manages the extraordinary feat of controlling his hunger in order to save food to use as bribes or gifts in ways that can help him in the future.

As Vladek’s past emerges in his own words, the reader—and his son Art—learn the source of many of the man’s maddening quirks. What appears from the perspective of the bountiful America of the 1980s to be a miserly and rather nasty need on the old man’s part to save and hoard seemingly useless things is revealed to be the same impulse that allowed him to live while so many others died. The angry Vladek who is so mean to his second wife (another Holocaust survivor) still mourns the first wife he loved so deeply. The man who maddens son Art with his clinginess and demands is the same person who lost almost every member of his large family, including his first child, in ways that retain their power to horrify even those who are familiar with the Holocaust.

It is said that to know all is to understand all. By the time Art has finished interviewing his father and writing the book, he has come to understand as best he (or any other person who did not directly experience the Holocaust) can what motivates the man, and to respect those very traits of his that originally drove the son nearly crazy. In one of the final panels of the book, Vladek, now very ill and lying in bed, sleepily addresses Art by the name of his deceased first son Richieu who died as a young child in the war. This especially moving moment demonstrates the fusion of the past with the present, and the fact that the dead still exist in the mind, untethered to time.

The strength of Maus is that it tells two tales simultaneously: an almost unimaginably terrifying story of suffering and heroic survival is interspersed with the story of the ordinary middle class life of an American family in which Old World parents give birth to a New World son. No one is spared and no one is glorified, and yet the final message amidst the horror and cynicism is of the power and depth of love.

Posted in History, Jews, Literature and writing, Violence, War and Peace | 2 Replies

Sowell on Jefferson, Washington, and slavery

The New Neo Posted on December 27, 2021 by neoDecember 27, 2021

Posted in Historical figures, Race and racism | Tagged Thomas Sowell | 6 Replies

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