Heather Cox Richardson's "Letters from an American"

In the United States, with a legal system descended from English Common Law, when statutes don’t explicitly define terms, it’s up to the courts to define those terms. The way you get a clear definition of insurrection is to prosecute cases of insurrection and let the courts figure it out. In other words, by choosing to not prosecute Trump and others for insurrection, the Justice Department guaranteed that “insurrection” will continue to not have a clear definition. Maybe the courts wouldn’t have found Trump’s actions to be insurrection. But you don’t know unless you try. This country has had multiple opportunities to be rid of Trump. He was impeached twice, and acquitted twice, because Republicans said “he can be held accountable in a court of law.” And then the Justice Department refuses to prosecute him for his most serious crimes because “it might endanger the larger case.” That was the larger case, you fucking morons! You tried to Al Capone the guy on some ticky tack bullshit, and it didn’t work. You miss 100% of the shots you don’t take. And now we’re stuck with this guy, and our Democracy may go down the tubes. Good job, assholes.

ETA: I may be a little bitter.

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Justifiably bitter. The DOJ didn’t do their jobs and we are now deep in the shit as a result

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YES! How we handled the end of the Civil War is absolutely at the core of so much that is wrong about the U.S. So glad someone is bringing that forward.

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Can’t change the past, utterly refuse to learn from it. As a result, we are fucked. There should be a lesson here. One that will be suppressed vigorously, of course, but still.

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January 15, 2025 (Wednesday)

It is somehow fitting that President Joe Biden’s farewell address to the nation, scheduled for 8:00 Eastern time tonight, was overshadowed today by the dramatic announcement that after months of negotiation backed by the United States and facilitated by Egyptian and Qatari mediators, negotiators from Israel and Hamas have agreed to a ceasefire and to exchange Israeli hostages taken on October 7, 2023, for hundreds of Palestinian prisoners.

From when he broke his foot playing with his dog shortly after he was elected in 2020 and opted to forgo time-consuming physical therapy to address the stiffness in his gait in order to focus on his work, to the day of his January 2021 inauguration when he went straight to the office, through his decision to negotiate the historic 2024 Ankara prisoner exchange involving 26 prisoners and at least five nations at the expense of his reelection campaign, to today’s focus on the long-awaited ceasefire rather than his final speech, Biden has approached the office of the presidency as an opportunity to work for the goals he thinks advance the interests of the United States of America and its people.

This afternoon, Biden appeared, flanked by Vice President Kamala Harris and Secretary of State Antony Blinken. “Good afternoon,” he said to the press. “And it’s a very good afternoon, because at long last I can announce a ceasefire and a hostage deal has been reached between Israel and Hamas. [After] more than 15 months of conflict that began with [Hamas’s] brutal massacre of October the seventh, more than 15 months of terror for the hostages, their families, the Israeli people, more than fifteen months of suffering by the innocent people in Gaza, fighting in Gaza will stop and soon the hostages will return home to their families.”

“The elements of this deal were what I laid out in detail this past May,” Biden said. That plan “was embraced by countries around the world and endorsed overwhelmingly by the U.N. Security Council.” It has three phases.

Phase one is a six-week ceasefire in which Israeli forces will withdraw from all the populated areas of Gaza and Palestinians can return to their homes. Hamas will release the women, elderly, wounded, and American hostages it holds. Humanitarian assistance will surge into Gaza.

“During the next six weeks,” Biden said, “Israel will negotiate the necessary arrangements to get to phase two, which is a permanent end of the war.” The ceasefire will continue throughout the negotiations, even if they take longer than six weeks. Once phase two begins, the remaining living hostages will come home and all remaining Israeli forces will be withdrawn from Gaza.

In phase three the final remains of hostages who have been killed will be returned to their families, and a major reconstruction plan for Gaza will begin.

Biden noted that he has worked in foreign policy for decades and that “[t]his is one of the toughest negotiations I’ve ever experienced.”

Tonight, Biden began his farewell address by reiterating that negotiators had reached a ceasefire deal. Although incoming president Trump has already tried to take credit for the deal, Biden said: “This plan was developed and negotiated by my team. And it will be largely implemented by the incoming administration. That’s why I told my team to keep the incoming administration fully informed. Because that’s how it should be. Working together as Americans.”

Biden then turned to his farewell message to the nation. He began by reflecting on the need to protect our institutions against the abuse of power. “Our system of separation of powers, checks and balances…may not be perfect,” he said, “but it’s maintained our democracy for nearly 250 years, longer than any other nation in history that’s ever tried such a bold experiment.”

“In the past four years, our democracy has held strong,” he said, “And every day, I’ve kept my commitment to be president for all Americans through one of the toughest periods in our nation’s history.” He praised Vice President Kamala Harris as his partner, calling it the honor of his life to see Americans working together to come through a once-in-a-century pandemic, “standing up for our rights and our freedoms instead of losing their jobs to an economic crisis,” with “millions of entrepreneurs and companies creating new businesses and industries, hiring American workers, using American products.”

“Together,” Biden said, “we’ve launched a new era of American possibilities, one of the greatest modernizations of infrastructure in our entire history, from new roads, bridges, clean water, affordable high-speed Internet for every American.” We brought back semiconductor manufacturing to the United States, “creating thousands of jobs.” We have given “Medicare the power to negotiate lower prescription drug prices for millions of seniors” protected children and families “by passing the most significant gun safety law in 30 years and bringing violent crime to a 50-year low,” and met “our sacred obligation to over one million veterans so far who were exposed to toxic materials and to their families, providing medical care and education benefits.”

“We’ve created nearly 17 million new jobs—more than any other single administration in a single term. More people have healthcare than ever before. And overseas, we’ve strengthened NATO. Ukraine is still free. And we’ve pulled ahead of our competition with China…. I’m so proud of how much we’ve accomplished together for the American people. And I wish the incoming administration success. Because I want America to succeed.”

Then Biden issued a warning that will stand alongside other prescient warnings outgoing presidents have delivered, like President George Washington famously warning about the dangers of foreign entanglements, and President Dwight Eisenhower warning about the dangers of the “military-industrial complex.”

Biden warned the country of “a dangerous concentration of power in the hands of a very few ultrawealthy people.” There are dangerous consequences if their abuse of power is left unchecked, he said. “Today an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead.”

Biden pointed out that a century ago the American people stood up to the robber barons and made them “play by the rules everybody else had to…. And it helped put us on a path to building the largest middle class in the world [and] the most prosperous century any nation in the world has ever seen.”

He and his administration worked to accomplish this plan for the last four years, he said, with legislation aimed at both “protecting the environment and growing the economy,” but “powerful forces want to wield their unchecked influence to eliminate the steps we’ve taken to tackle the climate crisis, to serve their own interests for power and profit.” He warned about “the concentration of technology, power, and wealth.”

While President Eisenhower warned of the rise of the military-industrial complex and “the potential for the disastrous rise of misplaced power,” Biden said that six decades later he is “equally concerned about the potential rise of a tech-industrial complex that could pose real dangers for our country as well.”

“Americans are being buried under an avalanche of misinformation and disinformation,” he said, “enabling the abuse of power. The free press is crumbling [or] disappearing. Social media is giving up on fact checking. The truth is smothered by lies told for power and for profit…. Meanwhile, artificial intelligence is the most consequential technology of our time, perhaps of all time.”

Going forward, Biden said, “it’s going to be up to the president…, the Congress, the courts, the free press, and the American people to confront these powerful forces.” He called for reforming the tax code to make billionaires pay their fair share, and for getting rid of the flood of dark money in politics.

He called for ethics rules and an 18-year term limit for Supreme Court justices, and for banning members of Congress from trading stock. He also called for a constitutional amendment to make it clear that no president is immune from crimes they commit in office. “The president’s power is not unlimited,” he said. “It’s not absolute.”

The concentration of wealth and power threatens democracy, Biden warned, by eroding “the sense of unity and common purpose,” noting that when people feel they don’t have a fair shot at success, staying engaged in the process becomes “exhausting and even disillusioning.” It is essential to democracy for people to feel like they can go as far as their hard work and talent can take them.

Biden noted the “short distance between peril and possibility” but promised that “what I believe is the America of our dreams is always closer than we think. It’s up to us to make our dreams come true.”

After thanking members of his administration, public servants and first responders across the country and around the world, U.S. service members and their families, Vice President Harris and Second Gentleman Doug Emhoff, and First Lady Dr. Jill Biden and their family, Biden offered his “eternal thanks to you, the American people.”

“After 50 years of public service,” he said, “I give you my word: I still believe in the idea for which this nation stands. A nation where the strengths of our institutions and the character of our people matter and must endure.

“Now it’s your turn to stand guard. May you all be the keeper of the flame. May you keep the faith.

"I love America.

“You love it too.

“God bless you all.”

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:person_facepalming:

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Considering it’s getting baked in to almost everything now, even though it sucks and it’s theft, it may be the most consequential.

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January 16, 2025 (Thursday)

In his final address to the nation last night, President Joe Biden issued a warning that “an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead.”

It is not exactly news that there is dramatic economic inequality in the United States. Economists call the period from 1933 to 1981 the “Great Compression,” for it marked a time when business regulation, progressive taxation, strong unions, and a basic social safety net compressed both wealth and income levels in the United States. Every income group in the U.S. improved its economic standing.

That period ended in 1981, when the U.S. entered a period economists have dubbed the “Great Divergence.” Between 1981 and 2021, deregulation, tax cuts for the wealthy and corporations, the offshoring of manufacturing, and the weakening of unions moved $50 trillion from the bottom 90% of Americans to the top 1%.

Biden tried to address this growing inequality by bringing back manufacturing, fostering competition, increasing oversight of business, and shoring up the safety net by getting Congress to pass a law—the Inflation Reduction Act—that enabled Medicare to negotiate drug prices for seniors with the pharmaceutical industry, capping insulin at $35 for seniors, for example. His policies worked, primarily by creating full employment which enabled those at the bottom of the economy to move to higher-paying jobs. During Biden’s term, the gap between the 90th income percentile and the 10th income percentile fell by 25%.

But Donald Trump convinced voters hurt by the inflation that stalked the country after the coronavirus pandemic shutdown that he would bring prices down and protect ordinary Americans from the Democratic “elite” that he said didn’t care about them. Then, as soon as he was elected, he turned for advice and support to one of the richest men in the world, Elon Musk, who had invested more than $250 million in Trump’s campaign.

Musk’s investment has paid off: Faiz Siddiqui and Trisha Thadani of the Washington Post reported that he made more than $170 billion in the weeks between the election and December 15.

Musk promptly became the face of the incoming administration, appearing everywhere with Trump, who put him and pharmaceutical entrepreneur Vivek Ramaswamy in charge of the so-called Department of Government Efficiency, where Musk vowed to cut $2 trillion out of the U.S. budget even if it inflicted “hardship” on the American people.

News broke earlier this week that Musk, who holds government contracts worth billions of dollars, is expected to have an office in the Eisenhower Executive Office Building adjacent to the White House. And the world’s two other richest men will be with Musk on the dais at Trump’s inauguration. Musk, Amazon founder Jeff Bezos, and Meta chief executive officer Mark Zuckerberg, who together are worth almost a trillion dollars, will be joined by other tech moguls, including the CEO of OpenAI, Sam Altman; the CEO of the social media platform TikTok, Shou Zi Chew; and the CEO of Google, Sundar Pichai.

At his confirmation hearing before the Senate Committee on Finance today, Trump’s nominee for Treasury Secretary, billionaire Scott Bessent, said that extending the 2017 Trump tax cuts was “the single most important economic issue of the day.” But he said he did not support raising the federal minimum wage, which has been $7.25 since 2009 although 30 states and dozens of cities have raised the minimum wage in their jurisdictions.

There have been signs lately that the American people are unhappy about the increasing inequality in the U.S. On December 4, 2024, a young man shot the chief executive officer of the health insurance company UnitedHealthcare, which has been sued for turning its claims department over to an artificial intelligence program with an error rate of 90% and which a Federal Trade Commission report earlier this week found overcharged cancer patients by more than 1,000% for life-saving drugs. Americans championed the alleged killer.

It is a truism in American history that those interested in garnering wealth and power use culture wars to obscure class struggles. But in key moments, Americans recognized that the rise of a small group of people—usually men—who were commandeering the United States government was a perversion of democracy.

In the 1850s, the expansion of the past two decades into the new lands of the Southeast had permitted the rise of a group of spectacularly wealthy men. Abraham Lincoln helped to organize westerners against a government takeover by elite southern enslavers who argued that society advanced most efficiently when the capital produced by workers flowed to the top of society, where a few men would use it to develop the country for everyone. Lincoln warned that “crowned-kings, money-kings, and land-kings” would crush independent men, and he created a government that worked for ordinary men, a government “of the people, by the people, for the people.”

A generation later, when industrialization disrupted the country as westward expansion had before, the so-called robber barons bent the government to their own purposes. Men like steel baron Andrew Carnegie explained that “[t]he best interests of the race are promoted” by an industrial system, “which inevitably gives wealth to the few.” But President Grover Cleveland warned: “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

Republican president Theodore Roosevelt tried to soften the hard edges of industrialization by urging robber barons to moderate their behavior. When they ignored him, he turned finally to calling out the “malefactors of great wealth,” noting that “there is no individual and no corporation so powerful that he or it stands above the possibility of punishment under the law. Our aim is to try to do something effective; our purpose is to stamp out the evil; we shall seek to find the most effective device for this purpose; and we shall then use it, whether the device can be found in existing law or must be supplied by legislation. Moreover, when we thus take action against the wealth which works iniquity, we are acting in the interest of every man of property who acts decently and fairly by his fellows.”

Theodore Roosevelt helped to launch the Progressive Era.

But that moment passed, and in the 1930s, Franklin Delano Roosevelt, too, contended with wealthy men determined to retain control over the federal government. Running for reelection in 1936, he told a crowd at Madison Square Garden: “For nearly four years you have had an Administration which instead of twirling its thumbs has rolled up its sleeves…. We had to struggle with the old enemies of peace—business and financial monopoly, speculation, reckless banking, class antagonism, sectionalism, war profiteering. They had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob.”

“Never before in all our history have these forces been so united against one candidate as they stand today,” he said. “They are unanimous in their hate for me—and I welcome their hatred.”

Last night, after President Biden’s warning, Google searches for the meaning of the word “oligarchy” spiked.

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January 17, 2025 (Friday)

As President Joe Biden and Vice President Kamala Harris prepare to leave office at noon on Monday and President-elect Donald Trump and Vice President–elect J.D. Vance prepare to be sworn in, on the one hand last-minute orders are being made and goodbyes are being said, while on the other, the incoming administration is setting expectations.

On Thursday, Biden issued an executive order to strengthen the cyber defenses of the United States after hackers from China, Russia, and other countries have broken into federal agencies. The executive order requires software manufacturers like Microsoft to prove that their products meet security requirements before the federal government will buy them.

Today, Biden issued a statement declaring his belief that the Equal Rights Amendment guaranteeing all Americans equal rights and protections under the law regardless of their sex is the law of the land. Congress passed the amendment in 1972 and sent it off to the states for ratification, imposing on that ratification a seven-year deadline. Thirty states ratified the ERA within the next year, but a fierce opposition campaign led by right-wing activist Phyllis Schlafly eroded support among Republicans, and although Congress extended the deadline by three years, only 35 states had signed on by 1977. And, confusing matters, legislatures in five states—Idaho, Kentucky, Nebraska, South Dakota, and Tennessee—voted to take back their earlier ratification.

In 2017, Nevada became the first state to ratify the ERA since 1977. Then Illinois stepped up, and finally, in 2020, Virginia became the 38th state to ratify the amendment, putting it over the required three quarters of states needed for the amendment to become part of the Constitution. But the radical right worried that women’s legal equality to men would protect abortion rights and that, as Catholic bishops of the United States wrote to senators, it would prohibit “discrimination based on ‘sexual orientation,’ ‘gender identity,’ and other categories.” Opponents have challenged the amendment’s ratification over both the original deadline and whether the states’ rescinding of previous ratifications has merit.

Senator Kirsten Gillibrand (D-NY) agrees that the amendment would help to protect abortion rights and has spearheaded efforts to get Biden to direct the national archivist, Colleen Shogan, to certify and publish the ERA, pointing out that the American Bar Association agrees that it has been ratified. But the Justice Department’s Office of Legal Counsel says it considers the ERA expired unratified in 1982, and Shogan says she will defer to the opinion of the Office of Legal Counsel.

The executive branch doesn’t have a role in the ratification of constitutional amendments, and Biden’s announcement did not direct the archivist to certify the amendment. But a president’s public disagreement with the Office of Legal Counsel will add weight to the argument that the amendment has been ratified.

“We, as a nation, must affirm and protect women’s full equality once and for all,” Biden said.

Biden also set out to right the wrong embedded in the 1986 Anti–Drug Abuse Act. That law imposed a mandatory minimum of five years in federal prison without the possibility of parole for possession of five grams of crack cocaine, which urban Black Americans favored, while the same penalty applied to 500 grams of powdered cocaine, the form of the drug favored by white Americans. That disparity has been a symbol of racial injustice in the federal justice system, and the U.S. Sentencing Commission called for its reform in April of 1995. Today, Biden shortened the sentences of 2,490 nonviolent drug offenders convicted of crimes related to crack cocaine.

Biden and administration officials have been saying goodbye to their teams. On Thursday, Biden bid farewell to U.S. service members, thanking them for “your service to our nation and for allowing me to bear witness to your courage, your commitment, your character.” He asked them to “remember your oath” and to protect “American values: [o]ur commitment to honor, to integrity, to unity, to protecting…and defending not a person or a party or a place, but an idea…that we’re all created equal.”

Attorney General Merrick Garland also bid his team farewell yesterday, thanking them for their work confronting fentanyl dealers who threaten our communities, disrupting threats from both foreign and domestic terrorists and from authoritarian leaders that threaten the country’s security, protecting economic competition and prosecuting fraud and corruption, and defending civil rights. “You have worked to pursue justice—not politics,” he said. “That is the truth, and nothing can change it.”

Today, Secretary of State Antony Blinken thanked those in the State Department for building partnerships and strengthening alliances, “rallying the world in common cause.” “We come from different places, different experiences, different motivations and backgrounds,” he said, “But I think what brings all of us together in this place, in this time, is that unique feeling that you get going to work every single day with the Stars and Stripes behind your back,” “working every day to make things just a little bit better, a little bit more peaceful, a little bit more full of hope, of opportunity.”

Blinken told members of the department, “the custodians of the power and the promise of American diplomacy,” that he would always be their champion, but that he was returning “to the highest calling in a democracy, that of being a private citizen.”

As Biden administration officials leave, the incoming Trump administration is vowing to unleash “shock and awe” in the first days of Trump’s presidency as the new president issues what Senator John Barrasso (R-WY) called a “blizzard of executive orders” to reshape the country according to his policies. In The Bulwark today, retired U.S. Army lieutenant general Mark Hertling, former Commanding General of United States Army Europe and the Seventh Army, explained that the concept of shock and awe calls for gaining an advantage over an enemy with overwhelming firepower followed by brilliant execution. The plan anticipates paralyzing the enemy with “such overwhelming force that resistance is futile.”

For his part, Hertling seems unimpressed, noting that “[i]f your plan calls for your side being all-knowing, all-powerful, perfect in execution, and immune to surprise—when you’re working with human beings and you presume your enemy is stupid, weak, and all but inanimate—the plan probably isn’t worth all that much.”

Aaron Zitner and Xavier Martinez of the Wall Street Journal reported today on a new Wall Street Journal poll revealing that American voters want what they call “MAGA lite, rather than extra-strength MAGA.” More than 60% oppose Trump’s plan to replace nonpartisan civil servants with loyalists. More than 60% also oppose Trump’s plan to eliminate the Department of Education. Almost 75% of voters oppose his plans for sweeping deportation raids, wanting only those with criminal records to be removed from the country. More than two thirds oppose calls to take control of Greenland, and only 46% approve of his choices for cabinet positions.

But the Republican-dominated Senate seems poised to approve Trump’s picks for cabinet secretaries and other appointees that require Senate confirmation. As they have been appearing before the committees responsible for vetting those candidates before they go on to the vote of the full Senate, key appointees have been demonstrating that their primary qualification is their loyalty to Trump.

Defense secretary nominee Pete Hegseth revealed that he knows close to nothing about the actual requirements for the job but declined to say he would refuse an unconstitutional order. Trump’s pick for attorney general, Pam Bondi, said she would “study” the Fourteenth Amendment after being asked about the birthright citizenship embedded in it, and she refused to say that Biden won the 2020 election.

In the House, Speaker Mike Johnson (R-LA) has apparently caved to Trump’s demand that he remove Representative Mike Turner (R-OH) from the chair of the House Select Committee on Intelligence, an action that will remove him from the committee altogether because of term limits for those committee members who are not the chair. Turner was well respected in that post by members of both parties, but was a staunch defender of Ukraine who last April had warned that it is “absolutely true” that Republican members of Congress are parroting Russian propaganda. “We see directly coming from Russia attempts to mask communications that are anti-Ukraine and pro-Russia messages, some of which we even hear being uttered on the House floor.”

Alice Miranda Ollstein, Caitlin Oprysko, and Irie Sentner of Politico reported yesterday that experts expect Trump and his allied political action committees to pull in as much as $250 million for Trump’s inauguration. But much of the cost of the inauguration is actually covered by taxpayer dollars, they report, and while laws require the inaugural committee to disclose its donors, there is no requirement to say where the money goes. Trump’s Inaugural Committee fundraiser told the reporters that any money not spent on the inauguration will likely go toward Trump’s presidential library.

The weather forecast for Washington, D.C., for Monday’s inauguration predicts a high in the low 20s (approximately –5° Celsius), and late this afternoon, Trump announced on his social media company that he was moving the inauguration inside to the Capitol Rotunda because of the cold. This leaves workers less than 72 hours to change the plan for an outdoor inauguration they had begun preparing for on September 18.

Members of Congress have been distributing tickets to their constituents, but because of the change, the Joint Inaugural Committee of Congress has told the public that the “vast majority of ticketed guests will not be able to attend the ceremonies in person.” The House sergeant at arms suggested to members of Congress that they should tell their constituents that their tickets should now be considered “commemorative.”

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This could play out a couple of ways. :thinking: Most likely, I think is:

  1. This instantly turns into an exercise in ticking a bunch of boxes on a bureaucratically assembled form, certifying you comply with a list of glaringly obvious things. Such a list is provided by NIST. Each box will be signed, so they know who to pillory and fire for failing to solve the variant of the Halting Problem any given ticked box implies.

  2. Microsoft will be, likely, one of 10 vendors capable of paying (off) the expense this entails, and malware writers will have a handy guide outlining where they need to spend less time.

  3. About yearly, of those ten vendors, vendor A will get borged, an employee or two will be pilloried and fired, and enough information will leak that the next vendor B, who uses vendor A’s software, doesn’t stand a chance.

Lather, rinse, repeat.

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Yet, this is what they voted for. It’s no secret that all of these things people say they don’t want is exactly what Trump and his surrogates said he would do. So, good job, Trump voters.

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Naaaah. He was just trolling the libs! Like we were when uh, wore diapers, and that time we wore tampons on our ears. Ha, triggered the libs real good!

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Yep, because it’s chilly.
Not at all for the fear of being an open target, of course.

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“The crowd would have been millions strong, if only we hadn’t had to move it indoors. Believe me, no one’s ever seen such crowds!”

Seems like a pretty good way to keep the illusion going for a while longer.

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Yep, exactly NOT for that reason/usual lie. Who knows what he’s really thinking, but he obviously doesn’t give a shit about other people, so “the cold will be uncomfortable or even risky for them” just can’t be the reason, methinks.

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Not like he ever gave a shit about any attendees of his past rallies collapsing or being taken away in an ambulance. About the only time he cared was when someone was killed, and even that was only because he could milk that for his own gain.

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January 18, 2025 (Saturday)

Shortly before midnight last night, the Federal Trade Commission (FTC) published its initial findings from a study it undertook last July when it asked eight large companies to turn over information about the data they collect about consumers, product sales, and how the surveillance the companies used affected consumer prices. The FTC focused on the middlemen hired by retailers. Those middlemen use algorithms to tweak and target prices to different markets.

The initial findings of the FTC using data from six of the eight companies show that those prices are not static. Middlemen can target prices to individuals using their location, browsing patterns, shopping history, and even the way they move a mouse over a webpage. They can also use that information to show higher-priced products first in web searches. The FTC found that the intermediaries—the middlemen—worked with at least 250 retailers.

“Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person’s location and demographics, down to their mouse movements on a webpage,” said FTC chair Lina Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.”

The FTC has asked for public comment on consumers’ experience with surveillance pricing.

FTC commissioner Andrew N. Ferguson, whom Trump has tapped to chair the commission in his incoming administration, dissented from the report.

Matt Stoller of the nonprofit American Economic Liberties Project, which is working “to address today’s crisis of concentrated economic power,” wrote that “[t]he antitrust enforcers (Lina Khan et al) went full Tony Montana on big business this week before Trump people took over.”

Stoller made a list. The FTC sued John Deere “for generating $6 billion by prohibiting farmers from being able to repair their own equipment,” released a report showing that pharmacy benefit managers had “inflated prices for specialty pharmaceuticals by more than $7 billion,” “sued corporate landlord Greystar, which owns 800,000 apartments, for misleading renters on junk fees,” and “forced health care private equity powerhouse Welsh Carson to stop monopolization of the anesthesia market.”

It sued Pepsi for conspiring to give Walmart exclusive discounts that made prices higher at smaller stores, “​​[l]eft a roadmap for parties who are worried about consolidation in AI by big tech by revealing a host of interlinked relationships among Google, Amazon and Microsoft and Anthropic and OpenAI,” said gig workers can’t be sued for antitrust violations when they try to organize, and forced game developer Cognosphere to pay a $20 million fine for marketing loot boxes to teens under 16 that hid the real costs and misled the teens.

The Consumer Financial Protection Bureau “sued Capital One for cheating consumers out of $2 billion by misleading consumers over savings accounts,” Stoller continued. It “forced Cash App purveyor Block…to give $120 million in refunds for fostering fraud on its platform and then refusing to offer customer support to affected consumers,” “sued Experian for refusing to give consumers a way to correct errors in credit reports,” ordered Equifax to pay $15 million to a victims’ fund for “failing to properly investigate errors on credit reports,” and ordered “Honda Finance to pay $12.8 million for reporting inaccurate information that smeared the credit reports of Honda and Acura drivers.”

The Antitrust Division of the Department of Justice sued “seven giant corporate landlords for rent-fixing, using the software and consulting firm RealPage,” Stoller went on. It “sued $600 billion private equity titan KKR for systemically misleading the government on more than a dozen acquisitions.”

“Honorary mention goes to [Secretary Pete Buttigieg] at the Department of Transportation for suing Southwest and fining Frontier for ‘chronically delayed flights,’” Stoller concluded. He added more results to the list in his newsletter BIG.

Meanwhile, last night, while the leaders in the cryptocurrency industry were at a ball in honor of President-elect Trump’s inauguration, Trump launched his own cryptocurrency. By morning he appeared to have made more than $25 billion, at least on paper. According to Eric Lipton at the New York Times, “ethics experts assailed [the business] as a blatant effort to cash in on the office he is about to occupy again.”

Adav Noti, executive director of the nonprofit Campaign Legal Center, told Lipton: “It is literally cashing in on the presidency—creating a financial instrument so people can transfer money to the president’s family in connection with his office. It is beyond unprecedented.” Cryptocurrency leaders worried that just as their industry seems on the verge of becoming mainstream, Trump’s obvious cashing-in would hurt its reputation. Venture capitalist Nick Tomaino posted: “Trump owning 80 percent and timing launch hours before inauguration is predatory and many will likely get hurt by it.”

Yesterday the European Commission, which is the executive arm of the European Union, asked X, the social media company owned by Trump-adjacent billionaire Elon Musk, to hand over internal documents about the company’s algorithms that give far-right posts and politicians more visibility than other political groups. The European Union has been investigating X since December 2023 out of concerns about how it deals with the spread of disinformation and illegal content. The European Union’s Digital Services Act regulates online platforms to prevent illegal and harmful activities, as well as the spread of disinformation.

Today in Washington, D.C., the National Mall was filled with thousands of people voicing their opposition to President-elect Trump and his policies. Online speculation has been rampant that Trump moved his inauguration indoors to avoid visual comparisons between today’s protesters and inaugural attendees. Brutally cold weather also descended on President Barack Obama’s 2009 inauguration, but a sea of attendees nonetheless filled the National Mall.

Trump has always understood the importance of visuals and has worked hard to project an image of an invincible leader. Moving the inauguration indoors takes away that image, though, and people who have spent thousands of dollars to travel to the capital to see his inauguration are now unhappy to discover they will be limited to watching his motorcade drive by them. On social media, one user posted: “MAGA doesn’t realize the symbolism of [Trump] moving the inauguration inside: The billionaires, millionaires and oligarchs will be at his side, while his loyal followers are left outside in the cold. Welcome to the next 4+ years.”

Trump is not as good at governing as he is at performance: his approach to crises is to blame Democrats for them. But he is about to take office with majorities in the House of Representatives and the Senate, putting responsibility for governance firmly into his hands.

Right off the bat, he has at least two major problems at hand.

Last night, Commissioner Tyler Harper of the Georgia Department of Agriculture suspended all “poultry exhibitions, shows, swaps, meets, and sales” until further notice after officials found Highly Pathogenic Avian Influenza, or bird flu, in a commercial flock. As birds die from the disease or are culled to prevent its spread, the cost of eggs is rising—just as Trump, who vowed to reduce grocery prices, takes office.

There have been 67 confirmed cases of the bird flu in the U.S. among humans who have caught the disease from birds. Most cases in humans are mild, but public health officials are watching the virus with concern because bird flu variants are unpredictable. On Friday, outgoing Health and Human Services secretary Xavier Becerra announced $590 million in funding to Moderna to help speed up production of a vaccine that covers the bird flu. Juliana Kim of NPR explained that this funding comes on top of $176 million that Health and Human Services awarded to Moderna last July.

The second major problem is financial. On Friday, Secretary of the Treasury Janet Yellen wrote to congressional leaders to warn them that the Treasury would hit the debt ceiling on January 21 and be forced to begin using extraordinary measures in order to pay outstanding obligations and prevent defaulting on the national debt. Those measures mean the Treasury will stop paying into certain federal retirement accounts as required by law, expecting to make up that difference later.

Yellen reminded congressional leaders: “The debt limit does not authorize new spending, but it creates a risk that the federal government might not be able to finance its existing legal obligations that Congresses and Presidents of both parties have made in the past.” She added, “I respectfully urge Congress to act promptly to protect the full faith and credit of the United States.”

Both the avian flu and the limits of the debt ceiling must be managed, and managed quickly, and solutions will require expertise and political skill.

Rather than offering their solutions to these problems, the Trump team leaked that it intended to begin mass deportations on Tuesday morning in Chicago, choosing that city because it has large numbers of immigrants and because Trump’s people have been fighting with Chicago mayor Brandon Johnson, a Democrat. Michelle Hackman, Joe Barrett, and Paul Kiernan of the Wall Street Journal, who broke the story, reported that Trump’s people had prepared to amplify their efforts with the help of right-wing media.

But once the news leaked of the plan and undermined the “shock and awe” the administration wanted, Trump’s “border czar” Tom Homan said the team was reconsidering it.

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January 19, 2025 (Sunday)

You hear sometimes, now that we know the sordid details of the lives of some of our leading figures, that America has no heroes left.

When I was writing a book about the Wounded Knee Massacre, where heroism was pretty thin on the ground, I gave that a lot of thought. And I came to believe that heroism is neither being perfect, nor doing something spectacular. In fact, it’s just the opposite: it’s regular, flawed human beings choosing to put others before themselves, even at great cost, even if no one will ever know, even as they realize the walls might be closing in around them.

It means sitting down the night before D-Day and writing a letter praising the troops and taking all the blame for the next day’s failure upon yourself in case things went wrong, as General Dwight D. Eisenhower did.

It means writing in your diary that you “still believe that people are really good at heart,” even while you are hiding in an attic from the men who are soon going to kill you, as Anne Frank did.

It means signing your name to the bottom of the Declaration of Independence in bold print, even though you know you are signing your own death warrant should the British capture you, as John Hancock did.

It means defending your people’s right to practice a religion you don’t share, even though you know you are becoming a dangerously visible target, as Sitting Bull did.

Sometimes it just means sitting down, even when you are told to stand up, as Rosa Parks did.

None of those people woke up one morning and said to themselves that they were about to do something heroic. It’s just that when they had to, they did what was right.

On April 3, 1968, the night before the Reverend Doctor Martin Luther King Jr. was assassinated by a white supremacist, he gave a speech in support of sanitation workers in Memphis, Tennessee. Since 1966, King had tried to broaden the Civil Rights Movement for racial equality into a larger movement for economic justice. He joined the sanitation workers in Memphis, who were on strike after years of bad pay and such dangerous conditions that two men had been crushed to death in garbage compactors.

After his friend Ralph Abernathy introduced him to the crowd, King had something to say about heroes: “As I listened to Ralph Abernathy and his eloquent and generous introduction and then thought about myself, I wondered who he was talking about.”

Dr. King told the audience that if God had let him choose any era in which to live, he would have chosen the one in which he had landed. “Now, that’s a strange statement to make,” King went on, “because the world is all messed up. The nation is sick. Trouble is in the land; confusion all around…. But I know, somehow, that only when it is dark enough, can you see the stars.” Dr. King said that he felt blessed to live in an era when people had finally woken up and were working together for freedom and economic justice.

He knew he was in danger as he worked for a racially and economically just America. “I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter…because I’ve been to the mountaintop…. Like anybody, I would like to live a long life…. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land!”

People are wrong to say that we have no heroes left.

Just as they have always been, they are all around us, choosing to do the right thing, no matter what.

Wishing you all a day of peace for Martin Luther King Jr. Day 2025.

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