The Daily Parker

Due to an odd combination of holidays, a use-it-or-lose-it floating holiday, and travel, I'm just about done with my first of four short work-weeks in a row. Not that there's anything wrong with that.

Of course, since I would like to finish the coding problem I've been working on before I leave today, I'll have to read some of these later:

• Josh Marshall thinks it's hilarious and pathetic that Rep. Lauren Boebert (R-CO), realizing she can't win against a Democrat in her own district, said she'll run in the next district over.
• Jennifer Rubin points out that while you can blame anyone you want for what's wrong with US politics today, ultimately it's the voters.
• Authors Bob Bauer and Jack Goldsmith argue for the repeal of the Insurrection Act, not just because of the XPOTUS.
• Climate scientist Brian Brettschneider has charted the perfect year-long road-trip across the US where it's always (normally) 21°C.
• A truck driver found himself trapped in an Indiana creek for six days until some fishermen discovered him. (He's OK.)

Finally, police and firefighters in Lancashire, England, are glancing about sheepishly this evening after reports of a fire at Blackpool Tower turned out to be...orange construction netting. They still managed to arrest one person for "breach of the peace," though for what The Guardian didn't report.

Back when I was growing up, Rudy Giuliani destroyed the Italian mob in New York City. Today he declared Chapter 11 bankruptcy to avoid paying a $148 million defamation verdict—the day after the people he defamed sued him again for repeating the same defamatory statements outside the courthouse after the judgment was handed down:

Lawyers for the two Georgia election workers who won $148 million in damages from former Trump attorney Rudy Giuliani last week filed a new lawsuit Monday, asking a federal judge to order him to stop repeating his damaging debunked claims about the poll workers and to immediately enforce the jury’s massive award before his assets are dissipated.

Ruby Freeman and Wandrea Arshaye “Shaye” Moss asserted that Giuliani is continuing to baselessly accuse the former Fulton County election workers of manipulating the absentee ballot count to steal the 2020 election from former president Donald Trump in Georgia. The former New York mayor repeated the allegations during and after his defamation damages trial last week, even as his lawyer conceded in court the claims were wrong.

“Everything I said about them is true,” Giuliani told reporters outside the courthouse after the first day of his trial on Dec. 11, adding, “Of course I don’t regret it. … They were engaged in changing votes.”

I'm no doctor, but it looks like Giuliani has suffered from dementia for a long time, and it's getting worse. He appears to have no self-awareness or self-control at this stage. Other circumstantial evidence suggests late-stage alcoholism. Whatever the cause, the man stopped making sense long before he started working for the XPOTUS—even before he tried to cancel the 2001 New York mayoral election:

Once he was the toast of town. As a federal prosecutor he sent a congressman to jail, locked up mobsters and indicted white-collar criminals. As mayor, he made the streets again feel safe. Love him or hate him, crime precipitously dropped on his watch.

In the days and months following 9/11, he projected strength, confidence and reassurance. He had braced himself for a calamity; he just didn’t know its source or when it would happen. He was steady when crunchtime arrived.

As mayor, his tenure was consequential. His eight years at city hall rank up there with Fiorello La Guardia, Michael Bloomberg and Ed Koch. All that feels like aeons ago.

Yet Giuliani’s latest woes cannot be described as wholly surprising. He always possessed a penchant for drama and a tropism for the transgressive. He loved the opera and his life emerged as operatic. As a prosecutor, he dressed up “undercover”. Then as mayor, he performed onstage in drag with Trump.

All that came with a darker side. The warning signs were there. We just chose to ignore them.

Amid his first campaign for mayor, in 1989, a story broke of a concentration camp survivor, Simon Berger, being held in federal custody, facing a blackboard that read “Arbeit Macht Frei” the slogan written across the gates of Auschwitz. Berger would be acquitted. Decades later, Dunphy alleged that Giuliani has a problem with Jews.

I lived in New York City while Giuliani was mayor, though. As Donna Lieberman of the New York Civil Liberties Union reminded me while researching this post, even at his most popular, he was a bit unhinged:

Whatever may be going on with Rudy Giuliani personally, let’s be clear: while, for one brief moment in his career he served as a cheerleader for a devastated city and a shocked nation, the rest of Rudy Giuliani’s mayoralty was driven by a hostility to free expression, police brutality and violence, and an authoritarian disregard for democracy.

Let’s start with the First Amendment. The New York Civil Liberties Union was involved in 34 First Amendment lawsuits against the Giuliani administration – and prevailed in 26 of them. Those cases successfully challenged the firing of Police Officer Yvette Walton in retaliation for testifying before the City Council about racial profiling; the attempt to censor the Sensations exhibit at the Brooklyn Museum; the ban on press conferences and demonstrations by Giuliani critics on the steps of City Hall; the ban on condom distribution as part of AIDS education in City Parks; police harassment of homeless people sleeping on the steps of the Fifth Avenue Presbyterian Church; and singling out political demonstrators charged with minor offenses so that they could not get appearance tickets to return to court and often had to stay in jail overnight.

In the seven-and-a-half years before 9/11, let there be no mistake: racial bias, fear-mongering, and police brutality were the hallmarks of Giuliani’s mayoralty.

As mayor, Giuliani oversaw a policing regime repeatedly engaged in persecution and brutal assaults and killings of Black and Hispanic New Yorkers, using unlawful stop-and-frisk policies to jail Black and Hispanic New Yorkers in service of his ‘broken windows’ policing. Every time the NYPD killed a Black man, Rudy Giuliani was right there not only defending the police, but attacking the victim.

I will never forget his tirade against Patrick Dorismond, a 26-year-old Black security guard and father of two, after undercover police officers killed Dorismond after initiating a scuffle while on the job in Manhattan. Giuliani attacked Dorismond’s character and publicly revealed his legally-sealed juvenile record. It was Giuliani‘s notorious street crimes unit that killed Amadou Diallo in the lobby of his apartment building.

Rudy Giuliani has always had an authoritarian streak coupled with a belief that the rules didn't apply to him. Fortunately, he behaved so badly for so long that no one ever gave him more power after his mayoralty ended in 2001. And I mention all this because, as bad as Giuliani has always been, and as far as he's descended into dementia and insanity...the XPOTUS is worse.

Polls open in 319 days.

The XPOTUS racked up another first-in-history court ruling yesterday that already has US Supreme Court law clerks cancelling their Christmas vacations:

Colorado’s top court ruled on Tuesday that former President Donald J. Trump is disqualified from holding office again because he engaged in insurrection with his actions leading up to the Jan. 6 storming of the Capitol, an explosive ruling that is likely to put the basic contours of the 2024 election in the hands of the U.S. Supreme Court.

The Colorado Supreme Court was the first in the nation to find that Section 3 of the 14th Amendment — which disqualifies people who engage in insurrection against the Constitution after taking an oath to support it — applies to Mr. Trump, an argument that his opponents have been making around the country.

In the Colorado court’s lengthy ruling on Tuesday, the justices there reversed a Denver district judge’s finding last month that Section 3 did not apply to the presidency. They affirmed the district judge’s other key conclusions: that Mr. Trump’s actions before and on Jan. 6, 2021, constituted engaging in insurrection, and that courts had the authority to enforce Section 3 against a person whom Congress had not specifically designated.

“A majority of the court holds that President Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment to the United States Constitution,” the justices wrote. “Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado secretary of state to list him as a candidate on the presidential primary ballot.”

The Post has four takeaways:

1. The historical and political impact may exceed the direct impact

The decision is at once explosive and likely to have little direct impact on the 2024 election.

Colorado has trended blue in recent decades and is not considered a competitive state in presidential elections, having given President Biden a 13.5-point victory in 2020. That made it the 14th-bluest state — the kind of state that if Trump ever won it, he would most likely secure more than enough electoral votes to be elected.

2. The court disagreed with a judge who ruled presidents were different

Section 3 of the 14th Amendment bars from “any office, civil or military, under the United States,” anyone who takes an oath “as an officer of the United States ... to support the Constitution of the United States [who] shall have engaged in insurrection or rebellion against the same.”

Denver District Judge Sarah B. Wallace...ruled that Section 3 wasn’t meant to pertain to presidents.

3. A Trump traffic jam is converging on the U.S. Supreme Court

Already in the last week or so, special counsel Jack Smith asked the Supreme Court to fast-track a decision on Trump’s claims to presidential immunity from his election-subversion indictment. Then the Supreme Court signaled it would review the use of a popular charge against hundreds of Jan. 6 defendants, including Trump: obstruction of an official proceeding. Some judges have rejected or expressed skepticism about that charge’s applicability.

4. A long-running 14th Amendment effort reaches a milestone

The decision is the culmination of a long-running effort to disqualify not just Trump but other Republicans over Jan. 6.

Efforts to disqualify members of Congress including Rep. Marjorie Taylor Greene (R-Ga.) and now-former congressman Madison Cawthorn (R-N.C.) failed, in part, because it was harder to directly attach them to the events of Jan. 6.

I believe this was the correct, historical application of the 14th Amendment, and at the same time a risky strategy. Under any plain-language reading of the Constitution and the history of its adoption, the President is an officeholder, not a monarch, and so subject to the laws of the country. And the 14th Amendment exists precisely because Federal officeholders made war against the Constitution in order to preserve slavery.

But today's Republican Party bears no resemblance to the Republicans who wrote the Amendment in 1868, having decided that the only way to handle a dangerous fascist in their party was to join him. The XPOTUS continues to yell about "election fraud" as part of his Big Lie, so obviously he'll spin the Colorado case as proof of it. A reasonable person might think of it like killing your parents and then begging sympathy as an orphan, but clearly a third of the US have left reason behind in the 1960s.

We're a week and a half from 2024, and the times just keep getting more interesting...

A while ago, I posted two constitutional amendments I'd like to see, to set term limits for the Supreme Court and for Congress. I also proposed an amendment to make the Justice Department independent of the other three branches of government.

Monica Lewinsky proposes six new amendments, including getting rid of the Electoral College and—well, an old amendment:

The most fundamental underpinning of a democracy is the fact that those who govern are chosen through free and fair elections. Especially heads of state. The Electoral College ain’t it. State electors are appointed by methods determined by each state’s legislature. That makes it an inherently political system that detracts from the very heart of democratic governance. Moreover, the Electoral College was derived from a mindset that sought to protect slavery, so it is high time for it to go.

And while we’re at it—because you might be a woman or have a daughter, or, ya know, be a decent human being—let’s wedge in amendments such as the long-languishing Equal Rights Amendment, along with one that would reassert a woman’s right to reproductive freedom.

All of this does make me wonder what our Constitution and Bill of Rights would have looked like had they been created by founding mothers instead of fathers.

They all seem pretty sound to me. But my proposal to make Justice independent would obviate hers to make the President unable to stop a prosecution against himself.

After a month-long boycott of Chicago's Berlin Nightclub organized by Unite Here Local 1, the venerable institution closed for good today:

The announcement came hours after Unite Here Local 1, which represents the Berlin Nightclub workers who unionized earlier this year, also posted on Instagram the club’s owners told them the bar was permanently closed as of Sunday.

Workers at Berlin Nightclub, 954 W. Belmont Ave., had been leading a boycott of the popular LGBTQ+ bar for more than a month, claiming Schuman and Webster had never met with the union in person to negotiate its first contract.

Prominent drag performers like Irregular Girl, co-host of Berlin’s popular lesbian night “Strapped,” joined in solidarity, canceling their shows for the remainder of the boycott.

“Berlin has always been a sanctuary for trans people in Chicago who do not feel safe in many other places. … All of that is due to the hard work of the workers, many of whom are transgender themselves, all of whom are queer and all of whom are being mistreated and underpaid by Jim Schuman and Jo Webster,” Irregular Girl said during a rally outside the bar in October.

Berlin owners addressed the union’s actions in an open letter posted that week, claiming that the union’s proposals for higher wages, health care and pension benefits would cost the nightclub over $500,000.

None of Berlin’s union employees work more than 27 hours a week, and the club’s part-time employees earn a base hourly wage plus tips, according to a statement from the owners. All workers make between $22.50-$57 per hour with tips, the statement said.

In August, Berlin workers went on a two-day strike after organizers said Schuman and Webster repeatedly skipped bargaining sessions, bringing negotiations to a halt. Performers canceled their shows in support during the walkout.

Welp. Berlin was a straight-friendly gay club on the edge of Boystown (now known as Northalsted) when I first went there in the 1990s. It wasn't really my scene, but it was fun and campy, and occasionally some cool acts would play there.

I'm sad to see it go down like this. But closing to spite your union? That's not just a dick move, it may be illegal. I don't think this story is over.

Via Bruce Schneier, your car does not respect your privacy anymore:

Mozilla recently reported that of the car brands it reviewed, all 25 failed its privacy tests. While all, in Mozilla's estimation, overreached in their policies around data collection and use, some even included caveats about obtaining highly invasive types of information, like your sexual history and genetic information. As it turns out, this isn’t just hypothetical: The technology in today’s cars has the ability to collect these kinds of personal information, and the fine print of user agreements describes how manufacturers get you to consent every time you put the keys in the ignition.

Companies claim ownership in advance, so that you can’t sue if they accidentally record you having sex in the backseat, for example. Nissan claimed in a statement that this is more or less why its privacy policy remains so broad. The company says it "does not knowingly collect or disclose customer information on sexual activity or sexual orientation," but its policy retains those clauses because "some U.S. state laws require us to account for inadvertent data we have or could infer but do not request or use." Some companies Engadget reached out to — like Ford, Stellantis and GM — affirmed their commitment, broadly, to consumer data privacy; Toyota, Kia and Tesla did not respond to a request for comment.

This gets even more complicated when you think about how cars are shared. Rental cars change drivers all the time, or a minor in your household might borrow your car to learn how to drive. Unlike a cell phone, which is typically a single user device, cars don’t work like and vehicle manufacturers struggle to address that in their policies. And cars have the ability to collect information not just on drivers but their passengers.

Consumers are effectively hamstrung by the state of legal contract interpretation, and manufacturers are incentivized to mitigate risk by continuing to bloat these (often unread) agreements with increasingly invasive classes of data. Many researchers will tell you the only real solution here is federal regulation. There have been some cases of state privacy law being leveraged for consumers' benefit, as in California and Massachusetts, but on the main it's something drivers aren't even aware they should be outraged about, and even if they are, they have no choice but to own a car anyway.

Note to self: no more don't start having sex in my Prius.

We have unusual wind and sunshine for mid-November today, with a bog-standard 10C temperature. It doesn't feel cold, though. Good weather for flying kites, if you have strong arms.

Elsewhere in the world:

• The right wing of the US Supreme Court has finally found a firearms restriction that they can't wave away with their nonsense "originalism" doctrine.
• Speaking of the loony right-wing asses on the bench, the Post has a handy guide to all of the people and organizations Justice Clarence Thomas (R) and his wife claim have no influence on them, despite millions in gifts and perks.
• NBC summarizes the dumpster fire that was the XPOTUS and his family lying testifying in the former's fraud sentencing hearings.
• Alexandra Petri jokes that "having rights is still bewilderingly popular:" "Tuesday’s election results suggest that the Republican legislative strategy of 'taking people’s rights away for no clear reason' was not an overwhelming success at the ballot box."
• Earth had the warmest October on record, setting us up for the warmest year in about 120,000 years.
• Could the waste heat from parking garages actually heat homes?
• John Scalzi has a new film review column for Uncanny Magazine, with his first entry praising the storytelling of the Wachowski's 2008 Speed Racer adaptation.

Finally, Citylab lays out the history of San Francisco's Ferry Terminal Building, which opened 125 years ago. I always try to stop there when I visit the city, as I plan to do early next month.

We've switched around our RTO/WFH schedule recently, so I'm now in the office Tuesday through Thursday. That's exactly the opposite of my preferred schedule, it turns out. So now Tuesdays feel like Mondays. And I still can't get the hang of Thursdays.

We did get our bi-weekly build out today, which was boring, as it should be. Alas, the rest of the world wasn't:

• The XPOTUS has vowed revenge on everyone who has wronged him, pledging to use the US government to smite his enemies, as if we needed any more confirmation that he should never get elected to any public office ever again.
• Meanwhile, the XPOTUS looked positively deranged in his fraud trial yesterday, as the judge continued to question him about things that cut right to his fraudulent self-image.
• Walter Shapiro thinks comparing President Biden to Jimmy Carter miss the mark; Harry Truman might be a better analogy.
• Lawyers for former Chicago Alderperson Ed Burke have asked that a display in the Dirksen Federal Building celebrating the US Attorney's successes securing public-corruption convictions be covered during Burke's public-corruption trial.
• Adams County, Illinois, judge Robert Adrian faces discipline from the state Judicial Inquiry Board after reversing the conviction of a man who sexually assaulted his girlfriend because the teenaged assailant's 148 days in jail was "plenty of punishment."
• In a move that surprised no one, WeWork filed for Chapter 11 bankruptcy protection yesterday, after failing to "elevate the world's consciousness" through "the energy of We."
• Josh Marshall relays some of his thoughts about the Gaza War, with one in particular I want to call out: "Nothing that has happened in the last month constitutes genocide, either in actual actions or the intent behind those actions. Not a single thing." Worth repeating. But also: "there is a media and propaganda war about this conflict on TikTok and it is one Israel is losing."
• Kevin Dugan relishes the exposure of Sam Bankman-Fried as a common criminal, and not a very original one at that.
• Via Schneier, eminence gris Gene Spafford reflects on the Morris Worm, which chewed its way through most of the 100,000 machines connected to the Internet 35 years ago last week.

Finally, let's all tip our hats to George Hollywood, a parakeet who lived off the land in my part of Chicago for the better part of summer. He didn't exactly blend in with the pigeons, but as the photos in the news story show, he sure tried.

Tomorrow, Ohio citizens will vote on Issue 1, which would amend the state constitution to protect reproductive rights. But if you read the state Board of Elections explainer—the language that will actually appear on the ballot—you might not know WTF the amendment does. That is by design; Republican-ruled state legislatures have learned the hard way that an issue with 65% support will probably pass if people know what they're voting for.

Here's the actual proposed amendment, which would become Section 22 of Article 1 (the Ohio Bill of Rights):

A. Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on:

1. contraception;
2. fertility treatment;
3. continuing one’s own pregnancy;
4. miscarriage care; and
5. abortion.

B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either:

1. An individual's voluntary exercise of this right or
2. A person or entity that assists an individual exercising this right,
   unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care.

However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health.

C. As used in this Section:

1. “Fetal viability” means “the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.”
2. “State” includes any governmental entity and any political subdivision.

D. This Section is self-executing.

That's about 200 words of plain English. Here's what the Board of Elections decided to put on the ballot:

Issue 1
A Self-Executing Amendment Relating to Abortion and Other Reproductive Decisions

Proposed Constitutional Amendment

Proposed by Initiative Petition

To enact Section 22 of Article I of the Constitution of the State of Ohio

A majority yes vote is necessary for the amendment to pass.

The proposed amendment would:

• Establish in the Constitution of the State of Ohio an individual right to one's own reproductive medical treatment, including but not limited to abortion;
• Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion;
• Prohibit the State from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means;
• Grant a pregnant woman's treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable;
• Only allow the State to prohibit an abortion after an unborn child is determined by a pregnant woman's treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman's life or health; and
• Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life or health.

If passed, the amendment will become effective 30 days after the election.

Shall the amendment be approved?

So what was wrong with the actual text of the amendment? And why did the Republicans in the Board of Elections want this text instead? One of the authors of the amendment, Dr David N Hackney, explains:

The clear lesson from 2022, when six states cast votes for reproductive rights, as well as the results of the recent Wisconsin Supreme Court race, is that voters vote in favor of abortion rights. Every straight up or down vote on reproductive freedom since Dobbs v. Jackson Women’s Health Organization has gone in favor of defending or expanding access to abortion. So the strategy of anti-abortion activists has become to pull any available political, messaging or legal levers to prevent that.

[S]tate law allows our ballot board to substitute a summary, as long the initiative is reflected fairly — or at least that’s how it’s supposed to work. This is sensible for amendments excessively long or thick with legalese, making an unadulterated replication on paper ballots impractical. Issue 1, by contrast, consists of only 205 words (including numeration), in plain English. The 193-word summary written by the ballot board rescues voters from reading a total of 12 words.

Perhaps the most egregious change between the Issue 1 language and the summary written by the ballot board is the substitution of “unborn child” for “fetus.” “Fetus” is the unequivocally accepted medical term used in textbooks, lectures and research publications.

Ohio’s leaders have formally argued that “unborn child” is valid because it’s written into our existing anti-abortion statutes. This reasoning is circular, as “unborn child” is inappropriate in those contexts as well. Our attorney general’s office stated in a merit brief that “ballot language including the term ‘fetus’ has the potential to confuse voters, who may not know or understand the term’s varying definitions.”

This is, of course, just one of the tactics the Christianist Right uses all the time. They know they can't win on the merits, so they obfuscate, hoping to confuse or demoralize the people who would vote against their positions. Let's hope it once again fails tomorrow.

Just a couple to mention:

• A jury convicted Sam Bankman-Fried of committing the largest fraud in US history. He faces up to 110 years in prison.
• House Republicans passed a bill that would provide $14 billion in funding for Israel's war with Hamas by taking it from IRS tax evasion enforcement, a move so cynical that Paul Krugman likens it to "the Big Lie." ("Starving the I.R.S. has long been a Republican priority; what’s new is the party’s willingness to serve that priority by endangering national security.")
• Calumet City, a mostly-Black suburb about 35 km south of Chicago, issued a citation to Daily Southtown reporter Hank Sanders for calling city employees and asking for comment (i.e., "reporting") about major flooding in the area.
• Chicago Alderperson (yes, that's what they're called now [shudder]) Ray Lopez (D-15th Ward) pulled a Vrdolyak at yesterday's City Council meeting before describing it to reporters as a "shitshow."

Finally, David Brooks offers some advice on "how to stay sane in brutalizing times."

And, almost forgot: It was 25 years ago today that Minnesota elected Jesse Ventura governor, sending my team running the election data at CBS News into a brief panic before we confirmed the result.