My Apologies

[edited to replace second with minute because I'm a moron]

GNB has been slow to load for years.

Literally.

At some point in the past someone told me "it's because we're not active so it's on a slow server" and I believed them.

This morning I got an email from Jesse Wendel (aka, the boss) asking if there was anything I could do about how slowly the We Fight On image loads.

I'm not really a web guy, but I did a quick search on how to time a website and it turns out the Safari Develop tab Web Inspector will tell you how long each thing on the page you're viewing took to load.

All I had to do was load the page (endure the 1+ minute load time) and open the inspector.

And it wasn't the We Fight On image and it wasn't the server.

It was a css file called 'ft.css' which was trying to be loaded from a specific IP address -- at which it was not, apparently.  It caused an average delay in load of just over a minute (which doesn't sound like a long time, but it really is).

I found out how to see the source of the page in Blogger (it's in the themes section) and did a quick search for 'ft.css', commented out the line that was loading it, did the same for 'counter.js' for good measure (it wasn't nearly as long a delay but it wasn't loading, so why try?).

And the page is fast.

I'm sorry I didn't dig into this years ago and save anybody looking at the page a lot of time.

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Countdown to Trump Criminal Trial #1

Trump Mug Shot, Fulton County Sheriff's Office, State of Georgia

Monday, April 15, 2024, in New York City, former President Donald Trump goes on trial.

The Hush Money Documents Fraud in order to interfere with the 2016 Election Interference case.

Or as the media would like to put it, the Porn Star & the President.

Mr. Trump is charged with FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of New York State Penal Law §175.10, for a total of thirty-four (34) Class E felony charges.

The indictment includes a Statement of Facts, the People’s story of Mr. Trump’s alleged crimes.

This is the first of at least four criminal trials of the former president. Combined these four cases currently include eighty-six (86) felony indictments.

And people are flipping out. Little bit. 

As the trial begins, the first ever criminal trial of a former President of the United States, here is what I think is important to remember… 

This is how it is supposed to work.

Forget all the media covering every breath, breathlessly.

The media want one thing: to freak you out. Why? Scared people tune in, and the media needs to keep you captivated. That is how they earn their living.

And also, forget all the politically biased people ranting either:

   a) it is all a fraud and unjust and wrong, or 

   b) it should have happened years ago, but it doesn’t even matter because he’ll get away with, as he always does.

All these opinions are just more horseshit.

Focus instead on this, if you would…

This is how it is supposed to work.

The law, especially criminal law, is not a reality show. Many reality series not withstanding.

The law has rules. It has protections and safeguards. It has ethical constraints which are enforced. It has history, cases, libraries filled with books, and legal librarians. The law has procedures.

None of it happens to the relentless urgency or pace of modern media. The law takes the time that it takes. And it works the way that it does. Regardless of what others think. 

Criminal law, criminal courts, and criminal trials, are all very much a thing unto themselves.

And again, this is how it is supposed to work.

Maybe the best basketball movie ever is “Hoosiers.”

Hoosiers is a tale of small town high school kids from a never even heard of it before rural town called Hickory, and their basketball coach whom the townspeople didn’t want, whom eventually (spoiler) go to the championship. The movie is damn near perfect.

When these rural kids from Hickory first walk into the arena where they will play the biggest game of their lives, with state and national press, and tens of thousands of screaming fans, they’re taken aback. Most of them have never been in an arena like this in their lives.

So Coach lets them have a moment. And then, this happens:

     Coach Dale has a measuring tape. 

     Dale: “Buddy, hold this under the backboard. What is it?”

     Buddy: “15 feet.”

     Dale: “15 feet.”

     (He walks under the rim)

     Dale: “Strap, put Ollie on your shoulders. Measure this from the rim. Buddy? How far?”

     Buddy: “Ten feet.”

     Dale: “Ten feet. I think you’ll find it’s the exact same measurements as our gym back in Hickory. Let’s get dressed for practice.”

Here’s my point. Forget all the drama. 

What is about to happen in a Manhattan courtroom starting Monday, April 15, 2024 — a criminal trial — is also happening in over a thousand criminal courtrooms across the United States that very same day. 

Yes. We’ve never had a former President criminal indicted or tried before. That is an actual first. “thank u, next.”

A criminal trial in a city, state, or federal court, is the definition of routine.

There are tens of thousands of judges in our many towns, cities, counties, indigenous nations, fifty states, the District of Columbia, and our multiple territories, as well as the military courts, and the federal circuits. 

Criminal trials have gone on in roughly the same way for the last 248 years since our nation was declared. Some changes here and there. Manhattan courts are different than New Orleans, which are different than Santa Fe. But not by much.

Criminal trials are a deeply practiced, well understood phenomenon. We’ve been doing them a long time. We know how to do them. We do them well. Are we perfect? No.

Especially in criminal cases, rich people, white people, straight men, and police, all typically get breaks everyone else does not. Like the American Dream, we can always get better, and over time we usually, eventually do.

But the waiting for this trial is done. This trial begins Monday, April 15. Period.

No matter your media or social media feeds, there is nothing here worth freaking out.

Trials have robust protections for everyone, from the accused, to the lawyers on both sides, to the judge and courtroom staff. Plus they have security. Oh my do they have security.

Like how awesome we are at delivery pizza — totally routine and deeply practiced — America knows how to put people on trial for their alleged crimes. We do it a lot. 

At the end of a trial, there are three possible outcomes for each criminal charge: Guilty. Not guilty. Or unable to reach a verdict, what is called a ‘hung jury.’

A more senior court can interrupt a trial, however that is exceedingly rare.

The United States Supreme Court is not going to stop this trial. The New York State appellate courts are not going to stop this trial.

This trial is happening, and when it is done there will be verdicts, one for each of the 34 felony charges.

If (or as seems more likely, when) Mr. Trump is convicted, after time for probation reports and other absolutely normal and routine procedures, he will be sentenced. He could be fined. He could be sent to prison. Or both. 

If Mr. Trump is convicted, after being sentenced, he will appeal. This too is normal. It does not mean he is getting away with anything.

This is how law works.

So…

On Monday, try to ignore the media clickbait — it is designed to scare or anger you.

Live your life. What happens will happen.

And if it all gets to you anyway, well then, just remember one thing…

This is how it is supposed to work.

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Rule of Law vs. Anyone (including Trump)

Trump Mug Shot, Fulton County Sheriff's Office, State of Georgia

Earlier today a good friend asked me if I didn’t think the upcoming March 25th, 2024, criminal case in New York City against former President Trump, wasn’t just minor stuff that no one else would be prosecuted for?

Let’s review…

Civil and business cases post presidency:

1) Trump’s company was convicted in 2022 on 17 criminal charges including tax fraud. Their CFO also plead guilty to multiple felony counts, and spent time in prison. 

2) A 2023 jury in New York City found that Trump defamed and sexually abused E Jean Carol. In two trials for damages, he was ordered to pay a total of $88.3 million dollars. He is currently appealing, although a bond has not yet been posted on $83.3 million dollars from the second trial.

3) A 2024 New York State Court found Trump liable for financial fraud. He was ordered to pay over $464 million dollars including pre & post judgement interest. He is currently appealing, although a bond has not yet been posted.

4) A consolidated case including multiple U.S. Congressman, and two U.S. Capitol police officers, suing for damages over the January 6th attempt to violently overthrow the 2020 presidential election. Both the trial judge and the Court of Appeals held Trump was not immune as he was acting in his personal capacity as a presidential candidate, not in his official capacity as president. 

There are four current criminal cases against the former president, for 91 felony charges. Trump has pled not guilty to all charges.

Federal criminal cases: 

1) January 6th (Washington DC) on 4 felony counts for efforts, conspiracy, and obstruction in attempting to overturn the 2020 presidential election and stay in office after having lost. The case was scheduled for trial, but is currently resolving an immunity dispute.

In a dispute over immunity, both the trial judge and the Court of Appeals ruled that former presidents are liable for criminal acts committed while president, that to allow otherwise would put presidents beyond the law which is against the very nature of the United States and the Constitution. The immunity dispute is currently scheduled for argument April 22, 2024 in the Supreme Court.

2) National Security and Classified Documents (Florida) on 40 felony counts for intentionally keeping and concealing classified documents, including war plans, and nuclear weapons documents, and for obstructing justice. The case is currently in pre-trial motions.

State criminal cases:

3) RICO conspiracy case (Georgia) on 13 felony counts of conspiracy and obstruction, for efforts to overturn the 2020 presidential election in Georgia. The case is currently in pre-trial motions.

4) Hush money & records fraud (New York City) on 34 felony counts of falsifying business records in an attempt to hide hush money paid to a porn star, all done in an attempt to influence the 2016 presidential election in New York and the nation. The case is scheduled for trial, March 25, 2024.

My friend got all of them except the last one, starting next month. They thought it silly to charge Trump for business records fraud and hush money payments, that it was just too small.

I disagreed, and explained why as follows… 

Rule of law vs. Anyone (including Trump)

My bottom line is these Trump cases are necessary to stop a career criminal mob boss from destroying or badly damaging the Rule of Law. 

That is why both Capone and Gotti were tried repeatedly, until they brought them down any way that they could. They were MOB bosses, career criminals. You get them any way you can, BECAUSE of the danger they are to the law, and to society.

Fuck the politics, or even the minor cases being minor.

In Trump’s case none of it is minor anymore BECAUSE he is a lifelong criminal, a mobster breaking the law everywhere, while weaponizing and destroying the institutions which we as a country depend on to protect all of us.

Trump not only must be convicted and imprisoned, he must be publicly seen as a convicted criminal. 

His conviction and imprisonment won’t stop the cultism, but it will make it very clear to the rest of our country, and to our allies, that while we bent, in the end we did not break. That the United States remains a country truly under the Rule of Law. Period.

When people today, and children not yet born, think of using violence and crimes to overthrow elections or to win them, the historical record needs to be clear: have the politics you want. But cross THIS line, and you will be caught, convicted, and imprisoned. Even if you were the President. NO ONE gets to fuck with our elections, or our national security.

I don’t care what they convict him for.  The consequences to our nation and western democracies of leaving him not convicted, not sent to prison, are simply too grave. And yeah… I want the Jan 6th case to proceed. But in the interim, I want him convicted now and I am no longer picky about how. 

Capone. Gotti. Trump.

Remember — Trump is from New York. He has operated there his entire life, like his criminal father before him. New York knows who Trump is. He has victimized New Yorkers for half a century.

New York is taking down a lifelong gangster whom for over fifty years has been breaking New York laws, accused of sexual assaulting & raping New York residents, and stealing from New Yorkers, while running a deeply criminal organization.

Like other mob bosses, they will take him down any way they can. As they should.

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Taylor Swift: The ERAS TOUR Concert Film Review

 

“I dreamt of you all summer long." —"betty,” folklore

"And all at once, you are the one I have been waiting for." —"King of My Heart," Reputation

 

"NICE!" —"Bejeweled," Midnights

 

"Are you ready for it?" —"...Ready For It?," Reputation

 

Opening Weekend brought in almost $100 million in U.S. sales, the second best October opening for a film ever.

THE BEST CONCERT FILM I HAVE EVER SEEN. PERIOD.

Unconditionally recommended, even if you're not a Taylor Swift fan.

In every century there is a concert they talk about decades later. For the 20th century, it was Woodstock. For the 21st century, it will be the Eras Tour. 

The concert film puts you in the middle of a 72,000 person sold-out crowd, often just feet away from Taylor, her dancers, and her backing vocalists and band.

From the opening shots of the deliriously screaming crowd in LA’s SoFi stadium, to the gorgeous power strutting of Taylor and her backing dancers during “…Ready for It?,” through the final love fest of “Karma” at the concert’s end, this is Taylor Swift at her best ever. A show that blows out of the water every live concert I have ever seen.

While no doubt the film will come to streaming, catch it on the Big Screen the final three Thursday-Sundays, as it was made to be seen: all-encompassing audio that shakes the room yet is crystal clear, other people totally "wonderstruck" (some perhaps dancing off to the side in the aisles,) and a visual image so big it feels like you're up on stage with Taylor.

Not to be missed. Concert of the Century.

#TSErasTour

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Stand Your Ground Laws

Cross posted from my personal blog: Mischievous Ramblings II

I am not a lawyer. I have attended many classes and read many sources on self-defense law with respect to both firearms and martial arts. This is a distillation of my acquired information and should not be considered legal advice but a basis for discussion. I welcome learning that I am incorrect in my understanding.

This article from The Hill summarizes many issues I have with the general coverage of “Stand Your Ground” laws, especially with the inaccurate terminology “Shoot First”.

That said, every SYG law is different and some are undoubtedly more poorly written than others. And there are unquestionably racist, homophobic, and misogynistic biases in the US justice systems, state and federal.

The essential feature of an SYG law is this:
1) in a public place that you are
2) legally allowed to be,
3) if you are innocent,
4) when presented with a threat of lethal force,
5) you have no duty to retreat before
6) using lethal force in defense of self or others.

People and coverage tend to gloss over everything except 6). The initial 5 elements are critical, as is an understanding of basic self-defense law. SYG laws do not modify the general rules of using force in defense of self or others, they modify _one specific aspect_, which is removing the "duty to retreat".

Point by point:

1) SYG does not generally apply if you are in your own home or domicile. This can include and RV, motel room, rented housing or owned housing depending upon local law and interpretation. The applicable concept in this case is “castle doctrine”, which is the common law idea that “a man’s home is his castle” and thus there is no duty to retreat.

Yes, it’s sexist, as for much of American history it was literally a "man’s" home.

But that means that SYG laws are about public spaces, not homes. Generally speaking, there is already no "duty to retreat" from your own home.

2) You can’t break into a generally public space and claim SYG as a defense. This is kind of part of 3) but it would also presumably apply to someone in violation of a curfew or illegal assembly order. You must be legally in the space you are in.

3) If someone is in the process of committing a crime, SYG does not apply to them. This means that, for example, a felon illegally in possession of a firearm has no SYG rights.

4) Self-defense law in the US (varies by state) does not generally allow the use of lethal force in defense of self or others unless/until lethal force has been threatened or deployed against you. This is called “proportionality of response”. A gun or knife or bludgeon is lethal force. In many places, legally, a toy gun or replica gun, certainly an unloaded gun, counts. A fake knife might well count. A large strong individual with only fists confronting a small weak or physically disabled individual might constitute lethal force under the doctrine of "disparity of force". A single individual threatening individual violence might not be lethal force but a group might be. This is all subsumed under the general idea of a “reasonable person” — if a "reasonable person" thinks they (or others) are in imminent danger of death or severe bodily injury, they are entitled to utilize lethal force in defense of self or others.

Most places explicitly disallow use of lethal force in defense of property. There is overlap here with castle doctrine when we are talking about home defense, but in most places you cannot shoot someone who is walking out of your house with a TV or expensive jewelry. Or stealing your car.

5) is the crux of SYG. Many interpret common law as presenting a “duty to retreat” before using force in defense of self or others. "Castle doctrine" is explicitly the idea that one has no duty to retreat out of one’s home (domicile) before using such force.

SYG explicitly removes this duty to retreat from public areas. As a concept (implementations may vary), this is _ALL_ SYG does.

Note that “duty to retreat” presumes a safe mechanism for retreat. If your only escape from someone threatening to bludgeon you to death with a baseball bat is to run across 12 lanes of freeway speed traffic at rush hour, you have no safe avenue of retreat and claiming SYG as a defense is unnecessary. Again, this predicated on what a "reasonable person" would believe in your circumstances.

Now I happen to think that avoiding a lethal force encounter by retreating is the best option both legally and morally.

6) Generally speaking, one is entitled to use "proportional" force in defense of self or others against unlawful imminent threat of or actual use of force. In the absence of SYG, a "duty to retreat" if possible safely can generally be assumed, but if safe retreat is not possible (for self or others) or under SYG, one cannot be required to retreat before using "proportional" force in defense of self or others.

Long, I know. But a careful examination of points 1-5 makes it clear that many if not most cases with SYG invoked in popular media and mythology are nothing of the kind.

* Asshole who shot the kid through his front door? Not SYG. Castle doctrine might be relevant but to me the ultimate question is: how is someone standing outside your door (or even opening your storm door to knock on your actual door, if that happened) a threat of force? Because it’s not.

* Shithead who fired on people who accidentally drove up his driveway and we’re leaving when he shot? Not SYG. No threat of force.

* Even Trayvon Martin's case didn't involve SYG. SYG was never invoked as a defense and evidence was presented at trial (the range and angle at which Martin was shot) which would have make SYG irrelevant. Much more relevant to the Martin case would have been questions of innocence and initiation of a force encounter (who threatened whom?).

And so on.

It's moving into a different post at this point, but I want to add some stuff:

If SYG laws aren't "Shoot First" laws, what, if any, is their negative effect upon homicides in the US?

First, I think there's good statistical evidence that SYG laws increase homicides.

Second, I think that SYG laws encourage stupid people to use force inappropriately and illegally. The percentage of gun owners who get formal training is small. As a dilettante who enjoys shooting pistols, there have been years in the last decade when I got more training on my own annually than many cops get -- including not just shooting training, but training in the legal use of force in self defense.

There is all kinds of misinformation in the online (and RL) gun culture about this, from the old “if you shoot someone who’s burglarizing your house and they fall down outside, drag them back inside” to “as long as you say you were in fear for your life it’s ok to shoot” and a million others.

Third, I think the twin cultures of fear and militarism/machismo in the gun community contribute largely. Fear and the idea that retreating makes a coward drive the adoption of SYG laws, as they are generally unnecessary in the greater scheme of self-defense law.

People like the shithead the asshole governor of TX wants to pardon for murdering a protester (who was _legally_ open carrying a gun -- itself a symptom of excess machismo in the gun culture) build up online personae based upon their willingness (and eagerness) to use lethal force against people they fear and hate.

I believe the term "assault rifle" inaccurately used in marketing to describe semi-automatic rifles was first used in an ad talking about "Your Man Card", as though owning one made you more masculine, more virile, and less resistible to attractive women (not unlike beer ads, actually).

I had an instructor tell me about his security: a four layer multiply backed up system of cameras, sensors, lights, and alarms, with loaded guns stashed (safely to prevent children's access, as he's a grandfather) in every room in the house. When I asked him what he was afraid of, he replied "I'm not afraid of anything".

Right.

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