“demonstrably false and misleading”

A New York appellate court suspended Rudolph W. Giuliani’s law license on Thursday after a disciplinary panel found that he made “demonstrably false and misleading” statements about the 2020 election as Donald J. Trump’s personal lawyer.

Thus does the New York Times kick off today’s top story, for those of us who have been patiently waiting for the true believers to open their eyes and see what has been right there all along.

“We conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at re-election in 2020,” the decision read.

Not just a simple assertion—backed by evidence—that what Giuliani was saying was untrue.  “Demonstrably false and misleading” is the plain and simple description of what has been coming out of the pieholes of Donald Trump and every last henchman-and-woman of his since…well, since ever.  They lie.  About anything, even things that don’t matter.  About everything, even things that aren’t in dispute, things that the evidence of our own eyes and ears and common sense tell us are so.

Don’t believe me?  Believe these judges when they tell you that the once-trusted and respected mayor of New York has become a scoundrel who will say the most ridiculous things on behalf of Individual-1.  And while you’re at it, take note, as Jeremy Stahl has in Slate, that “the meticulous 33-page chronicling and refutation of just a handful of Giuliani’s most blatant and nefarious election lies is actually kind of hilarious. The filing reads as though the five-judge committee went out of its way to show how ludicrous Giuliani’s—and by extension Trump’s—claims of election fraud are.”

In cataloguing Giuliani’s transgressions, the filing reads as a bemused and indignant greatest hits of Trump 2020 election lies, along with point-by-point refutations and comically timed footnotes. With every other sentence, the judges are almost shouting at the reader “get a load of the nerve on this guy.”

(snip)

The judges also dismantled the absurd logic Giuliani’s defense in this proceeding put forth that because dead voters are sporadically removed from the rolls—and were in 2021—that means dead people voted in 2020:

“Respondent claims his statements were justified because the state of Pennsylvania subsequently agreed to purge 21,000 dead voters from its rolls in 2021. This fact, even if true, is beside the point. This statistic concerns the whole state. Purging voter rolls does not prove that the purged voters actually voted in 2020 and per force it does not prove they voted in Philadelphia. It does not even prove that they were dead in November 2020. Moreover, the number of statewide purged voters (21,000) bears no correlation to the numbers of dead voters respondent factually asserted voted in Philadelphia alone (either 8,000 or 30,000). Clearly any statewide purging of voters from the voting rolls in 2021 could not have provided a basis for statements made by respondent in 2020, because the information did not exist.”

(snip)

At various points, Giuliani said 10,000, 32,000, or 250,000 undocumented immigrants voted in Arizona in the 2020 election. From the ruling:

“On their face, these numerical claims are so wildly divergent and irreconcilable, that they all cannot be true at the same time. Some of the wild divergences were even stated by respondent in the very same sentence.”

(snip)

Giuliani’s lone defense is that he did not “knowingly” make all of these false statements, as knowledge that he was lying is a required element to prove misconduct. The judges were largely able to brush this aside by pointing out all of the evidence that contradicted Giuliani’s statements that was available at the time he made them and his own lack of proof. More pointedly, though, they repeatedly noted that Giuliani kept lying even after he had been charged with lying.

Why?  Why, in the wide wide world of sports, would Giuliani and his “friend” insist on telling these lies—to America, and to judges they do not and did not control, who in every court challenge to the 2020 vote told them to pound sand?  Because they are so contemptuous of the rest of us, and blindingly out of touch with the reality of Trump, and so greedy and corrupt.  Because they expected the weak-minded not to question them, to just fall in line.  They proved that nearly every damn day, for anyone willing to honestly listen to what they were saying.

Now, we have a court ruling willing to point out that the emperor’s lawyer has no clothes, and by extension that neither does the emperor himself.  A little crack in the dam maybe, the one that could lead to the final catastrophic failure of the myth of MAGA Nation?  Hope so…

2020 vision

If we were to treat this like a “regular” election between “regular” candidates, it would be sensible to compare the candidates’ core beliefs and positions on important issues.  The problem with that, in this case, is not only that Donald Trump is not a regular candidate, he has no core beliefs or strong positions on any issues.

Very important to remember (and I’ve been harping on this, I know): Trump lies.  About everything.  Virtually every word out of his mouth.  There is no good reason to believe anything he says.  The Washington Post Fact Checker documented 20,000 lies by Trump as president, and that was back in July.  (As they say, the hits just keep on coming.)   If in any moment Trump needs his audience to think that he believes A, because he thinks the audience members believe A, he will say he believes A.  If in another moment he needs another audience to think he believes not-A, he will say he believes not-A.  It doesn’t matter to him whether he really does like A or actually prefers not-A, or if he’s even given the whole A/not-A dichotomy any real consideration: he will say anything if he wants it to be true in that moment.  What’s more, he thinks we are too stupid to realize that he has taken both the position of A and not-A at one time or another.

Also important to remember is that Trump has demonstrated he is not good at presidenting.  I mean being president of the USA—don’t even talk about his record of business bankruptcies.  He touts his handling of the economy, but he denies that he took office with an economy that was in pretty good shape and managed not to screw it up.  (By the way, the stock market is not “the economy.”)  He quickly reminds you about passing a tax cut bill…one that primarily benefitted the already-wealthy, AND which he doesn’t want you to remember is only temporary, AND WHICH was contributing to a big increase in government debt even before pandemic relief.

Oh yeah, the pandemic.  Any government effort to protect Americans from an insidious virus that was spreading across the country and killing thousands of people a week would have started by asking people to isolate themselves, and that was what forced so many businesses to temporarily close and shocked the U.S. economy back in the spring.  Once medical researchers identified the transmission path AND a simple and efficient way to block it—yes, the mask—a good president (and governors and mayors) would have been working like hell to get people to voluntarily help themselves and their neighbors by wearing the damn mask.  Other countries did, and they did not suffer the rates of infection and death that America has; they have not suffered the economic hardships that we have.  Trump’s willful mismanagement of the government’s response to COVID-19 is likely to be his legacy: his public denial of the problem, which contributed to the expansion of the problem, which led to more than 9 million infections and the deaths of more than 213,000 Americans (so far) along with the prolonged weakening of the economy.  You’ve probably heard: a third wave is already underway.

(Recently I read a woman’s complaint about wearing the mask; she feels she should not have to do that because “they have already taken so much away from us.”  Honest to god, lady: no one set out to take anything away from you.  There is an attack against our country underway right now, and our best response to the threat—which will help protect you, your children, your neighbors—calls for you to make a tiny sacrifice.  Why is this a problem?  It almost couldn’t be any easier.  Also: who is “they?”)

Very important to keep in mind—maybe most important—is that Trump does not believe in America, or its Constitution, or the rule of law, or our rights to life, liberty and the pursuit of happiness, or in racial or gender equality, or supporting the sacrifices of our fellow citizens in the armed forces, or in any type of service to country.  He doesn’t believe in Truth, or Justice, or the American Way.  He says he does, but he doesn’t.  (Remember, Trump lies.)

He ran for president as a publicity stunt, and was as surprised as anyone when he (barely) won.  He has used the office to enrich himself and his businesses, he’s alienated our allies, and he’s used the government itself to attack protesters and political enemies—he was impeached for doing that!  He wasn’t removed from office for it because he has also, somehow, managed to drag the Republican Party and a lot/many/most (?) of its leaders down to his level.  They talked themselves into believing that protecting Trump is what “real Americans” want them to do, because…why again?  Because with Trump as president they will get judges who will incorporate their political and religious beliefs into American law?

There was an ad on television the other day (please, Jesus, end the TV ads!) in which the candidate looked sincerely into the camera and told me “this election is about getting our economy moving again.”  No; no, it’s not.  I understand why you say that, and that would be a very good thing to get the economy back up to speed…also, to be able to go to a restaurant or a ballgame again, or even back to the office.  But no, that’s not what this election is about.

This election is about saving the United States of America from the chaos and fascism and authoritarianism that is undoubtedly right around the corner if Donald Trump wins re-election.  Even if Joe Biden is not everything you want in a president, he is one thing you need in a president: he is not Donald Trump.  He is a patriot, and he will govern with the best interests of this country at heart.  Just ask these Republicans:

You could also ask yourself, when was the last time I remember a president promising me that the next election was going to be rigged…unless he wins?  The last time a president running for re-election, and his political party, spent so much time making it harder for people to vote, and laying the groundwork to overturn the results?

He’s a clown…a cartoon.

Vote him out of office next week.  Do it for America.  A landslide may not be enough—let’s make it an avalanche that will also defeat whatever nonsense he pulls to try to ignore our votes and hold onto office (and stay out of jail).  That will make America great again.

Five weeks

The job of president of the United States was meant to be a manager who would lead the executive branch to efficiently carry out the business of the nation’s government.  It still is that, but it’s also become a symbol of the battle between competing claims to exercise a moral imperative: on one side, those who want government to enforce upon the rest of us their idea of the one right way Americans should live their lives, and on the other those who have a broader view of the meaning of “Life, Liberty and the pursuit of Happiness.”  The situation is tedious, and divisive, and destructive of our ability to get along with those of our fellow citizens who have different opinions of the proper role of government in our lives.  What’s worse is, the campaign for the job never stops—thank you, sir, may I have another!

Right now, five weeks before the election, is when we should be starting the campaign.  That’s time enough to review information about the candidates, time for reflection…and after election day it would be time to go back to regular life, where if you choose to you could escape the obsession with the daily minutiae of politics.  Time enough to make a reasoned decision, and move on.

The two major party candidates for president have their first side-by-side appearance tomorrow night (I’ll be surprised if they actually engage in debate), to talk about issues and make the case why we should give him the responsibility of managing—just for starters—our national defense; our response to global pandemics and natural disasters; our relationships with our allies and with our enemies; the delivery of our mail!  Someone we can trust to look out for our country’s best interests, and to obey its laws.

So, I’ll watch the debate tomorrow and I’ll think, which of these guys do I want representing us…me…for the next four years?  Will it be the guy who

(There are plenty more where those came from.)

No, it will not be that guy.

You get to make your own choice, and you’re pretty smart, and there are five weeks left to think it over…before you get to make a secret choice, and no one will ever know who you voted for unless you tell them.  Just sayin’…

Telework Journal: That didn’t take long

When it comes to fighting a deadly virus, it appears that we are all learning that sooner is better than later.  That’s the stated reason why at my workplace, NASA Johnson Space Center, and at the other NASA centers around the country, we moved from Stage 2 to Stage 3 of a response plan in just two days, even though there was no significant change in reported cases of COVID-19.  Administrator Jim Bridenstine’s message to the troops employed some of the same boilerplate we’re all getting pretty familiar with, in emails from every credit card and department store and restaurant and car repair shop and golf course with which we have ever had digital congress: a sincere declaration that they are “closely following the advice of health professionals” and that “Implementing best practices early and quickly will increase likelihoods for better outcomes.”

Despite there being verrry few cases at NASA of people who have come down with COVID-19, and no one at all here in Houston, the agency has gotten in line with the latest recommendations from the White House and moved to a stricter standard for allowing people to come to the office to do work.  As you can see in the chart (below) Stage 3 means that as of this morning only people with mission-essential tasks were to come to work, and the on-site day care is now closed, but the hardest part for many people will be, I fear, that in-person meetings are prohibited.

IMG_0656

Everybody is getting smarter about the best way to fight this crisis, even the president himself—and his favorite TV news channel, where they seem to have come around to the fact that science is real and have stopped imagining it as an attack on Dear Leader.  The mental flexibility of is just amazing!

I did have to go to the office today to take care of some things I couldn’t do from home but left as soon as I could and headed home, stopping on the way to get my car washed.  (It needed it, I promise.)   I chose the medium-priced of the three packages, advertised at $24.99.  But when I went inside to pay, the cashier asked for $18.49; assuming I’d just misread the sign, or that I had caught an unexpected sale, I gave her my card, signed the slip, and headed for the window to see my car transformed back to its original beauty.  Standing there across the waiting room from another menu board, I saw the advertisement that Wednesdays are Senior Days, with special pricing on the regular wash or any of the packages; I pulled out my receipt and looked more closely.

IMG_0658

They didn’t even ask.

Damn.

“Spectacular in its horridness”

This was not what I was talking about when I said

Fellas, you owe it to the fans.  We may not forgive you and get over it right away even if you mea culpa, mea culpa, mea maxima culpa all over the place, but I can promise you that a hell of a lot of us will never get over it if you don’t even try.

What happened today in West Palm Beach is much closer to “don’t even try” than to a real, honest explanation or apology.

After months of investigation by the Office of the Commissioner, Major League Baseball released a report last month finding the Houston Astros guilty of cheating for using technology to steal signs from their opponents in 2017 and 2018.  Astros owner Jim Crane fired the manager and general manager for not stopping the player-driven scheme, and a week later he ran interference for his players—who at that point hadn’t yet said anything—by saying they would all talk when they got to together in spring training and then offer a public apology.  That meeting happened last night, and the big apology came in a news conference this morning.  Here, courtesy of KPRC-TV in Houston, is the entire pathetic performance.

No doubt the Astros in-house public relations folks consulted with outside experts in crisis management to come up with a plan; Crane needs to be asking for his money back from all of them.  Putting the owner front and center speaking on behalf of his team seems the start of the right response, but the script they gave him to read was, as the kids say, an epic fail.  Over the course of about half an hour Crane (1) repeatedly made the point that he personally was not responsible at all, even though (2) he hired the general manager and the manager who were assigned blame in the commissioner’s report because (irony alert) they did not properly supervise their subordinates, (3) acknowledged that his players broke the rules but refused to say they “cheated,” at one point (4, in answer to a question that starts at 8:04 into the clip) said his team’s rule-breaking actions did not impact any games, and then (5, two questions later, starting at 9:39) denied that he had said what we all heard him say.  Over and over, his answer to every question that tried to start getting some into specifics became a variant of “the report says what it says, and that is what is right, and we will say no more than that.”  He looked stupid.  As an Astros fan, I am embarrassed by his ignorant performance.

Consensus of the crisis management pros consulted by the Houston Chronicle today was that this event made things worse:

“The core of the problem is that the team’s owner and players tried to declare the crisis over before it’s really over,” [Gene] Grabowski [of crisis communications firm kglobal]  said. “They sounded arrogant when they said they are moving on. That’s for the fans and sports writers to say — not guilty players and owners.”

(snip)

Mike Androvett, who owns a public relations, marketing and advertising firm that works with attorneys in Dallas and Houston, said the news conference failed to put the past to rest and, instead, “reinforced that the 2017 World Series win will likely be forever tainted.”

“I felt like the apologies by Mr. Crane and the two ballplayers seemed a little begrudging and lacking in specificity,” Androvett said. “If the intent was to nip this controversy in the bud, I think it will have the opposite effect.”

Crane, he said, “was not willing to share specific details, and he seemed only too ready to defer back to the commissioner’s report.”

Androvett said [Alex] Bregman and [Jose] Altuve, each of whom spoke for less than a minute at the news conference before giving more detailed answers in the clubhouse, “were placed in an unwinnable position, and as a result, their apologies rang a little hollow.”

(snip)

Marjorie Ingall with the website sorrywatch.com, which tracks and rates messages of public contrition, said the Astros news conference “was spectacular in its horridness. It’s the way not to apologize. It’s every example of terrible corporate policy.”

Among Crane’s failures during his news conference, Ingall said, was refusing to acknowledge the damage the Astros inflicted on their opponents.

“You have to apologize to the people you’ve harmed,” she said. “If you’re not doing that, you’re not really apologizing.”

You can see Bregman and Altuve at 2:56 and 3:45 of the news conference: they said little, but did seem taken with the seriousness of the moment if not truly sorry for what they did to cause it.  They did a bit better later in the morning inside the clubhouse, when they and a few teammates—Carlos Correa, George Springer, Justin Verlander, Josh Reddick and Lance McCullers—seem to really start to express some contrition for this illegal plan:

As I’ve put the pieces together, the story is that a team intern showed up with an Excel-based program (“Codebreaker”) that helped the front office decode a catcher’s signs, but that effort was denounced as pedestrian by Carlos Beltran when he was signed as a free agent before the 2017 season.  (The original story from The Athletic is here, a version out from under a paywall is on Sports Illustrated here.)  Beltran and bench coach Alex Cora, both now “ousted” as managers of the Mets and Red Sox, respectively, because of this affair, reportedly got the scheme rolling to route a center field camera video feed to the clubhouse/dugout area so the catcher’s signs could be deciphered and a short message—sent via bangs on a trash can in the tunnel behind the dugout—could be sent to tell the Astro-at-bat what kind of pitch was coming.  And, we are given to believe, many of the Astros players and coaches opposed this scheme but “felt powerless” to stop it.

Clubhouse dynamics came into play, and Beltrán, a 20-year veteran, reportedly didn’t take too well to players approaching him about the operation. Players described him to The Athletic as “El Jefe, the Godfather, the king, the alpha male in the building.”

A half-dozen former Astros players spoke with The Athletic on the condition of anonymity and said some players were afraid to approach Beltrán and express their disdain for the cheating scheme. At one point, veteran catcher Brian McCann approached Beltrán and asked him to end the operation.

“He disregarded it and steamrolled everybody,” one of the team members said. “Where do you go if you’re a young, impressionable player with the Astros and this guy says, ‘We’re doing this’? What do you do?”

(Beltran retired after the 2017 season; the Astros players reportedly stopped using the system to steal signs sometime in the 2018 season because they felt it was not productive.)

To this point, I have not heard a single Astros player, coach, executive or team official try to make a case that the charges are false, that the Astros are innocent.  (We’re starting to hear rumblings that there are plenty of other teams that are guilty, too, but that’s irrelevant to whether or not the Astros cheated; no one is saying the Astros didn’t do it.)  Nobody I’ve heard has tried to pardon any of the players individually, make us believe that this guy didn’t participate in the cheating.  They are publicly accepting the accusation that they violated the rules of the game, that they cheated in a way that effected the outcome of games.

Today Jim Crane and his players spent a lot of time reminding us us that they are have said they are sorry, that they have expressed remorse, as if that is all they need to say for us to be honor-bound to start to forget the whole sorry affair and rightfully turn attention to who will be the fourth and fifth starters this year, and whether or not Myles Straw can adequately replace Jake Marisnick as the designated late inning pinch runner.

What the Astros haven’t conveyed so far, at least not to me yet, is that they really “know why they’re supposed to be sorry” about this.

The players and owner Jim Crane held a team meeting on Wednesday to plan a course of action for the next day of camp. On Thursday, they severely underwhelmed. Astros hitters Jose Altuve and Alex Bregman provided roughly two minutes of insincere, vague remarks, while Crane issued a strange denial that the team’s cheating actually affected the outcome of the games.

“I am really sorry about the choices that were made by my team, by the organization, and by me,” Bregman said, squeezing as much out of the passive voice as he could.

(snip)

The Astros’ talking points all had heavy overlap. The players said most of them didn’t speak out earlier because they wanted to get together and address it as a team. (Or maybe they wanted to get their stories straight and not admit any more than what was in MLB’s investigation.) They were sorry that they didn’t do more to stop it. They hoped to move on and be better in the future. They also didn’t specify what exactly they were supposed to be sorry for.

One more thing: it occurs to me that there is a way that the Astros could still make this even more annoying.  If—despite all we’ve learned so far about the Astros cheating and whatever may still come out—if the team and the players come out tomorrow, and the next day, and next week and next month, and for however long it is that people in and out of the game are still pissed off and/or disappointed about this sorry episode…if they now take the attitude that they have done all the apologizing that is necessary and have nothing more to say on the matter…if one of them looks down his nose at a reporter and huffs that he has “already addressed that issue” and refuses to say another word…

And if the reporters let them get away with that?  If they don’t “chase them ‘round the moons of Nibia and ‘round the Antares maelstrom, and ‘round perdition’s flame” to get a honest answer to a legitimate question…well, that’s a whole ‘nuther blog post.