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A blog about political change, among other things

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If you want to understand the legal issues in the Arbery case…

The New Neo Posted on November 27, 2021 by neoNovember 27, 2021

….watch this. It’s long, but you can get the gist of it by watching only some of it. The video was made shortly before the verdict was announced.

I do suggest you watch 1:08:10 to 1:12:37 (that’s just four and a half minutes of it), where they differentiate the facts in this case from the facts that would occur in a case involving self-defense against a home invasion, or the facts in Zimmerman/Martin. They also agree that malice murder did not occur with the McMichaels/Arbery case, and that malice murder was obviously an overcharge by the prosecution.

And yet the jury found Travis McMichael guilty of malice murder, which I think is a preposterous miscarriage of justice. I also – as previously stated – think felony murder is a dangerous law that often has bad results, as in this case. If the McMichaels and Bryant are guilty (and I don’t think Bryant is guilty), then it is of some sort of lesser manslaughter offense, and I think that’s obvious. But that’s not how the ruling went, because of the felony murder rule.

Posted in Law | 14 Replies

The left always has plans: “But take it we will”

The New Neo Posted on November 27, 2021 by neoNovember 27, 2021

[Hat tip: commenter “AesopFan”.]

“When we get ready to take the United States, we will not take it under the label of Communism; we will not take it under the label of Socialism. These labels are unpleasant to the American people, and have been smeared too much. We will take the United States under the labels we have made very lovable; we will take it under liberalism, under progressivism, under democracy. But, take it we will.”—Alexander Trachtenberg, member of the CPUSA’s Central Control Committee, at the Communist Parties National Convention, Madison Square Garden, 1944

When something is undertaken in stealth by dedicated and determined believers in the cause (and/or by cynical and amoral power-mad unbelievers), it is difficult for the majority of people to detect and therefore hard to combat. In the case of communism/socialism, you also have a doctrine that is pernicious in its effects but naturally appeals to idealistic and gullible people – until they finally experience it, and then it’s generally too late.

Relabeling something may sound trivial and merely rhetorical, but it is not – as Orwell well knew. (And yes, Orwell remained a socialist. I wrote about that here.)

I wrote at length about socialism/Communism’s enduring appeal in this post:

…[T]his persistence of the idea of socialism/Communism despite evidence of its awfulness when put into practice in the real world should not be at all surprising. And I don’t think we’ll ever find the proper stake to drive into its still-beating heart, because the nature of this beast is that it represents an idea with strong appeal to a vast number of human beings. No amount of empirical or historical evidence can permanently teach enough people otherwise.

The rhetoric of Socialism/Communism has intrinsic appeal to certain groups of people and some members of each group are always likely to fall under its spell: the guilt-ridden wealthy and/or their even-more-guilt-ridden spawn, the poor who feel they’ve been screwed by society, the politically and economically naive intelligentsia who feel they know better than others, the religious and/or idealistic who want everyone to be loving and good and selfless, and those who just like the idea of power and control over others and plan to be the ones in charge.

Combine all that natural appeal with the undeniable propagandist skill of the left—including their willingness to lie in the most brazen manner — and you have an even greater effect. And then combine all of that with ignorance of history and economics, our culture’s reluctance to teach the young our good points and its eagerness to harp on our bad ones, and the fact that people only tend to really learn something through bitter and personal experience.

The wonder is that more people don’t believe that socialism/Commmunism is the answer to the world’s prayers, not that so many succumb to it in the first place. Never imagine that the fight, especially in the intellectual and educational and propaganda spheres, can be over. It would be too bad if each generation had to learn the lesson through personal suffering rather than in the realm of ideas.

During the Biden administration, the American people have been getting a small yet up-close-and-personal taste of it. Polls have reflected that and approval of Biden et al has dropped precipitously.

Fortunately for the US, the voting bill numbered HR1, which would have changed the voting laws of every state – whether the state wants it or not, and that includes all red states – in a way that would destroy many of the safeguards against voting fraud that still remain in some states, and would have enabled the ability of the Democrats to be elected no matter what the people actually think or want, failed to pass the Senate. That bill only failed by a hair, though, and that hair is named Manchin/Sinema and their opposition to ending the filibuster (although I’m not sure how they would have voted on the bill itself and they might have voted against it, too, but it never even came to that).

However, the House had already voted for the bill along strict party lines, and therefore every single Democrat member of the House who holds him or herself out to be a moderate is obviously lying. That fact should be used by all Republicans who run against them, especially in swing districts. I hope it will be used in that way, but I’m not sure enough people have long enough memories to recall what the issues were, nor am I sure that most people knew what the bill was about and what the Democrats were trying to do in the first place.

That’s one of the problems, isn’t it? The public has to be very alert in order to understand just what is happening with each bill and what is likely to occur as a result of its passage, because the left tries to obscure those things. A failure as with HR1 is considered by the left to be only temporary, and therefore it pushes on and on with its plans.

But perhaps they’ve pushed too far, too fast, this time. Perhaps they’ve woken up the average American in a way that will backfire on them. But understand that such a victory for those who are against the left is never permanent, and constant vigilance is necessary.

Posted in Election 2022, Getting philosophical: life, love, the universe, Liberals and conservatives; left and right | 61 Replies

Open thread 11/27/21

The New Neo Posted on November 27, 2021 by neoNovember 27, 2021

Choruses often are loud and memorable. But this pop song from my youth is effective by getting quiet in the chorus. There are even crickets to add to the effect of something clandestine going on at night:

Posted in Uncategorized | 34 Replies

It’s the day of…

The New Neo Posted on November 26, 2021 by neoNovember 26, 2021

…the leftovers. Turkey soup and turkey salad and turkey sandwiches, anyone? I like my turkey sandwiches with cranberry sauce.

I was visiting relatives for Thanksgiving, so no leftovers for me this year – although I’m going over there later today, so I may just sponge some leftovers off of them.

What about you?

Posted in Food, Me, myself, and I | 15 Replies

We seem to be turning into a low trust society

The New Neo Posted on November 26, 2021 by neoNovember 26, 2021

Or at least a lower trust one.

Commenter “Snow on Pine” puts it well:

One way to appreciate just how profound and deep a fundamental transformation is already on the way to being brought into being here in the US is to view this creation of tribalism, violence, uncertainty, insecurity, mistrust, and lack of confidence in our key institutions as a transformation intended to transform the US from having been an almost uniquely workable, cooperative, and relatively safe and peaceful “high trust” society — one in which substantial social and economic progress has been made — into the type of unsatisfactory low trust society which generally prevails in the rest of the world.

A “low trust” society in which any and every person and institution outside of your immediate family or group is just naturally an object of suspicion—is your natural enemy—someone or some institution which is out to hurt you, cheat you, or to rob you of what is yours, out to do you or your family, neighborhood, city, state, or particular group dirty.

Such a low trust society is—to one degree or the other — a “failed society”, one in which very little trust and cooperation is evident, chaos and violence are high and, thus, a society in which it is very hard to make any substantial or lasting social or economic progress.

It does seem intentional. The left/Democrats have long seen their own road to greater power as appealing to a bunch of special interest groups that together will add up to a majority, if only a bare majority. To that end they pit group after group against what used to be the US majority, and seek to alienate, vilify, and demonize the largest racial group in the US, which is white people. They believe that the divisions and enmity work to favor the left, and the distrust and suspicion can enable the federal government to take on more power.

The more distrust and chaos and fear, the more the feds can say “we’ll solve your problems!” Even the war against local police serves that end, because then the idea is that a federal solution will be required and even welcomed. Neither individuals nor communities will be allowed to protect themselves, and they will be so divided and feel so threatened that they would have difficulty mounting an effective response anyway.

That’s the plan, but it’s running into some snags so far. One is that increasing numbers of people in the left’s favorite ethnic groups (black people, Hispanic people) don’t like the idea and are starting to see that they’re the ones who are suffering most at the hands of the left. If that phenomenon increases, it may reach a point that will make it very difficult for the left to accomplish their ends. The same is true if white people see themselves increasingly threatened as a group, and significant numbers of white Democratic voters start abandoning the party as well. We may start uniting against a common enemy: the left.

Let’s hope so.

Posted in Getting philosophical: life, love, the universe, Liberals and conservatives; left and right, Politics | 38 Replies

And introducing – the Omicron variant

The New Neo Posted on November 26, 2021 by neoNovember 26, 2021

As expected, a new COVID variant has emerged. This time it seems to have come from South Africa, and it’s been named Omicron (I wonder – should Greek people feel insulted that the variants are designated by Greek letters?).

I’ve read a few articles about it and the consensus is that we know very little at this point except that it has a higher-than-usual number of mutations, which in turn indicates that it evolved in an immune-compromised person such as an AIDS patient. In other words, it had a longer time to remain active and replicate in that person’s body without being fought off.

Everything else is speculation, most of it alarmist. The variant “may” carry a bigger risk of reinfection. It “may” be more transmissible. It “may” be resistant to the vaccines. There’s no indication it’s more serious in the type of COVID cases it causes or the populations it infects.

The general rule of subsequent virus mutations is that they become more transmissible but less virulent. There are exceptions to that rule, however. This variant may or may not be an exception. We simply don’t know yet.

One thing we do know is that variants will come. We also can predict that many governments will use the news of those variants to clamp down further on people, and that the media will use that same news to frighten people.

The US and other nations have now banned travel from South Africa. The South African health minister says that’s unwarranted:

He slammed other nations for “wanting to put blame” and ascribing the variant to South Africa rather than working collaboratively to address the situation as guided by the WHO.

“Covid-19 is a global health emergency. We must work together, not punish each other,” Phaahla said…

Phaala said preliminary studies suggest the variant may be more transmissible due to is genetic composition but noted that vaccines are still effective in preventing severe Covid from the variant.

That sounds a lot like the Delta variant to me, if it’s true.

[NOTE: The US travel ban is for the following nations: South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique and Malawi. Do I hear cries of “Joe Biden is a racist”? No? Why not? Is it because his name isn’t “Donald Trump” and he’s not a Republican?]

Posted in Health | Tagged COVID-19 | 95 Replies

Open thread 11/26/21

The New Neo Posted on November 26, 2021 by neoNovember 26, 2021

Posted in Uncategorized | 23 Replies

Happy Thanksgiving!!!

The New Neo Posted on November 25, 2021 by neoNovember 25, 2021

This is what I made to bring to relatives for Thanksgiving. The idea is that it will appeal to the kids, but I’m rather fond of it, too. It’s raw veggies and a dill-flavored dip.

I hope it’s obvious what it’s supposed to look like:

HAPPY THANKSGIVING to you all!!!

[NOTE: Consider this an open thread, as well.]

Posted in Uncategorized | 28 Replies

Trump asks “Miss me yet?”

The New Neo Posted on November 24, 2021 by neoNovember 24, 2021

Apparently they do, even in those all-important swing states:

Trump’s shadow campaign also recently polled Trump-Biden matchups in the five states, all of which were decided in 2020 by fewer than 3 percentage points. According to the poll, a memo of which was obtained by POLITICO, the former president led Biden in Arizona by 8 percentage points, Georgia by 3 points, Michigan by 12 points, Pennsylvania by 6 points and Wisconsin by 10 points.

The poll numbers send a message to those who think Trump’s grip on the Republican Party is loosening, said Tony Fabrizio, a top GOP pollster who conducted the surveys for Trump’s super PAC…

So these polls were conducted on behalf of Trump. But I have no problem believing that most areas that are not deep blue are now looking back with some fondness on Trump’s presidency, however they may have really voted in 2020.

Those who believe that meaningful and massive fraud occurred in 2020 would probably say that Trump was ahead in those states even a year ago. But whatever was the case then, my guess is that he’s quite a bit ahead now. I also suspect that “generic Republican” or “Ron DeSantis” would also be strongly ahead at the moment.

Posted in Election 2020, Election 2024, Trump | 43 Replies

Now they set Darrell Brooks’ bail at five million dollars

The New Neo Posted on November 24, 2021 by neoNovember 24, 2021

A little late, I’d say.

But the MSM, as fully expected, is busy minimizing the crime in Waukesha with their usual clever use of language, referring to it repeatedly and widely as an “accident” or a “crash” (which seems to imply “accident”), despite the fact that police have stated it was deliberate and witnesses agree that he was driving in zigzag fashion, at high speed, with no attempt to slow down. It seems to me that this was an act of mass murder that may have been an act of domestic terrorism motivated by racial and political animus.

Also, we are getting more details on Brooks’ most recent prior offense, for which the DA’s office had recommended a very minimal bail:

Brooks allegedly punched [his ex-girlfriend] in the face after she refused to get in the car, according to the police report.

She told police that’s when Brooks allegedly “tried to kill her” as he ran her over and fled the scene.

According to the police report, the woman was found lying on the ground with tire marks on her pants. She was rushed to hospital suffering from a dislocated femur and fractured right ankle, police said.

The ex-girlfriend later told cops that Brooks had allegedly threatened to kill her on multiple occasions, but she never reported it to authorities.

She alleged Brooks had previously tried to choke her, and was jealous and controlling.

So Brooks didn’t just threaten to run her over, nor did he just bump her a bit with the car to frighten her. He actually did run her over.

Violent criminals who later escalate often practice on their family members and ex-loved ones. That seems to have been the case for Brooks.

Posted in Law, Violence | 22 Replies

Verdicts of GUILTY in the Arbery case

The New Neo Posted on November 24, 2021 by neoNovember 24, 2021

The verdicts are as follows: Travis McMichael (who actually shot Arbery) guilty on all counts, including malice murder, and the rest are guilty of various types of felony murder. You can read the details at the link.

As I’ve written before, I’ve not followed this case closely enough to have a truly informed opinion about most aspects of it. My sense – mostly from reading two or three long articles – is that this was a situation in which the defendants were trying to make a citizen’s arrest under a law that has now been repealed as a consequence of this incident, and they were arguably violating a number of the requirements of a citizen’s arrest. For example, they had not personally witnessed Arbery committing the crime of which they believed him guilty. They were armed with a long gun, which he ultimately tried to grab from them, but he may indeed have had plenty of reason to think they were the ones threatening his life.

That said, apparently the judge’s instructions to the jury on the required elements of a citizen’s arrest under the statute were extremely restrictive and essentially meant that as a matter of law the defendants were not complying. Once that was established as the law per the judge’s instructions, the jury had almost no recourse but to decide that the defendants were in the act of committing a felony against Arbery, and therefore the felony murder convictions would almost certainly follow.

At least, that’s my understanding at this point, subject to revision. As I’ve said, I’m not at all up to speed on this case and therefore anything I say about it is very provisional. I will add, however, that many decades ago when I was in law school and first heard of felony murder, it was a law that troubled me. I’m still troubled by it. I know the reason behind it, but it still seems to me to be a mechanism by which it’s easy to put someone away for very lengthy periods of time who is not guilty of anything a layperson would usually call “murder.” This may be the case with the third defendant here, William “Ryan” Bryan, who was nowhere near as involved as the others.

Another description of the case and the verdicts can be found here.

I’ve left out the racial aspects of the case, which were certainly operating for the public because Arbery was black and the defendants are all white. This definitely mattered in the court of public opinion – and certainly for the MSM, who portrayed Arbery as a recreational jogger, which he was not. But whether race mattered in the actual court in terms of the jury’s deliberations, I don’t know. It seems to me that the judge’s instructions on citizen’s arrest are what effectively determined the outcome.

I also have no opinion as to whether this was the correct verdict or not, although as I said before I have my doubts about Bryan’s guilt of the most serious charges of which he was convicted, which rests on the application of the felony murder doctrine (you can read up on felony murder here and here).

Posted in Law, Violence | 54 Replies

Happy day-before-Thanksgiving to you!

The New Neo Posted on November 24, 2021 by neoNovember 24, 2021

[NOTE: This is a slightly-edited reprint of a previous post.]

I happen to like Thanksgiving. Always have. It’s a holiday for anyone and everyone in this country—except, of course, people who hate turkey. There are quite a few of those curmudgeonly folks, but I’m happy to report I’m not one of them. Even if the turkey ends up dry and overcooked, it’s nothing that a little gravy and cranberry sauce can’t fix. And although the turkey is the centerpiece, it’s the accompaniments that make the meal.

My theory on turkeys is that they’re like children: you coax them along and just do the best you can, but as long as you don’t utterly ruin or abuse them, they have their own innate characteristics that will manifest in the end. A dry and tough bird will be a dry and tough bird despite all that draping in fat-soaked cheesecloth, a tender and tasty one can withstand a certain amount of cooking incompetence.

One year long ago my brother and I were cooking at my parents’ house and somehow we set the oven on “broil,” an error that was only discovered an hour before the turkey was due to be finished cooking. But it was one of the best turkeys ever. Another time the turkey had turned deep bluish-purple on defrosting and was so hideous and dangerous-looking that it had to be abandoned. Another terrible time, one that has lived in infamy ever since, my mother decided turkey was passe and that we’d have steak on Thanksgiving.

Since I like to eat, I am drawn to the fact that Thanksgiving is a food-oriented holiday with a basic obligatory theme (turkey plus seasonal autumnal food) and almost infinite variations on that theme. Sweet potatoes? Absolutely—but oh, the myriad ways to make them, some revolting, some sublime. Pie? Of course, but what kind? And what to put on it, ice cream, whipped cream, or both?

For me, there are three traditional requirements—besides the turkey, of course. There has to be at least one pecan pie, although eating it in all its sickening sweetness can put an already-sated person right over the top. The cranberry sauce has to be made from fresh cranberries (it’s easy: cranberries, water, and sugar to taste, simmered on top of the stove till mushy and a bright deep red), and lots of it (it’s good on turkey sandwiches the next day, too). The traditional stuffing in my family is non-traditional: a large quantity of cut-up Granny Smith apples cooked in fair amount of sherry as well as a ton of butter till a bit soft; and then mixed with prunes, almonds, and one Sara Lee poundcake reduced to small pieces by crushing with the hands. It’s very rich and I think it may have originally been a stuffing for duck or goose.

Thanksgiving is one of the few holidays that has a theme that is vaguely religious—giving thanks—but has no specific religious affiliation. So it’s a holiday that unites – although good luck this year on that. It’s one of the least commercial holidays as well, because it involves no presents. It’s a home-based holiday, which is good, too, except for those who don’t have relatives or friends to be with. One drawback is the terribly compressed travel time; I solve that by not usually traveling very far if I can possibly help it – although this year I happen to be far from home.

The main advantage to hosting the day is having leftovers left over. The main disadvantage to hosting the day is having leftovers left over.

I wish you all a wonderful Thanksgiving Day, filled with friends and/or family of your choice, and just the right amount of leftovers!

Posted in Food, Me, myself, and I | 16 Replies

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