The Daily Parker

United States Magistrate Judge Reid Neureiter has ordered that the attorneys who filed a ridiculous case against (I am not kidding) over 10,000 people allegedly involved in a massive conspiracy to steal the 2020 election, must pay the defendants' legal fees under Federal Rule of Civil Procedure 11:

Attorneys Gary D. Fielder and Ernest John Walker filed a “frivolous” case and “did not conduct a reasonable inquiry into whether the factual contentions had evidentiary support,” Magistrate Judge N. Reid Neureiter wrote in a sharp 68-page opinion against the pair. 

As several other high-profile pro-Trump attorneys — including Sidney Powell and Lin Wood — face potential sanctions for a separate lawsuit in Michigan, the ruling against Fielder and Walker shows one instance of the courts penalizing lawyers for a “Big Lie” lawsuit. 

Rule 11 exists exactly for this purpose. It makes attorneys who sign representations to a Federal court liable for whatever appears above their signature. Specifically,

(b) By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

   (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

   (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

   (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

   (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Judge Neureiter's order is a joy to read (citations removed):

I use the words “vast conspiracy” purposefully. The Complaint is one enormous conspiracy theory. And a conspiracy is what the original Complaint, all 84 pages and 409-plus paragraphs, alleged: that “the Defendants engaged in concerted action to interfere with the 2020 presidential election through a coordinated effort to, among other things, change voting laws without legislative approval, use unreliable voting machines, alter votes through an illegitimate adjudication process, provide illegal methods of voting, count illegal votes, suppress the speech of opposing voices, disproportionally and privately fund only certain municipalities and counties, and other methods, all prohibited by the Constitution."

So, this was not a normal case in any sense. Plaintiffs purported to represent 160 million American registered voters and came seeking a determination from a federal court in Colorado that the actions of multiple state legislatures, municipalities, and state courts in the conduct of the 2020 election should be declared legal nullities.

In short, this was no slip-and-fall at the local grocery store. Albeit disorganized and fantastical, the Complaint’s allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.

The main focus of the suit, at least as emphasized by Plaintiffs’ counsel in argument, was a demand for a massive amount of money, likely greater than any money damage award in American history. Seeking a “nominal amount of $1,000 per registered voter,” Plaintiffs asked for a total $160 billion for the putative 160-million-person Plaintiff class. This figure is greater than the annual GDP of Hungary.

Even better, guess who appointed Judge Neureiter? Hint: Neureiter took office in 2018.

As TPM Media reminds us, Sidney Powell and Lin Wood face a similar Rule 11 motion in Michigan. Can't wait to read that one.

While I look out my hermetically-sealed office window at some beautiful September weather in Chicago (another argument for working from home), I have a lot of news to digest:

• The infrastructure bill unveiled in the US Senate this morning would give $66 billion to Amtrak, which desperately needs the money.
• Josh Marshall argues that social-group identity drives resistance to vaccination. Brooke Harrington elaborates by pointing out that people who are conned usually can't admit to being conned.
• In Chicago, a growing list of businesses and restaurants have decided simply to refuse service to people who haven't gotten a Covid-19 jab. (My chorus, by the way, is one of them.)
• Illinois now has stronger protections against onerous non-compete agreements, which the conservative Crain's worries will hurt legitimate non-compete agreements.
• Bruce Schneier asks what could possibly go wrong with a European satellite that can be completely reprogrammed from the ground?

And finally, Jakob Nielsen explains to web designers as patiently as possible why pop-ups piss off users.

As Chicago contemplates returning to a more-restrictive environment because of rising Covid-19 cases, those of us who have gotten vaccinated have had about enough of people who refuse to get the jab. This has led to our more-unhinged party backpedaling like they're about to fall off a cliff:

In late Spring it seemed like COVID was basically about over. Critically, it seemed like the non-vaccinated might be able to hitch a ride on the rest of the country’s vaccinated immunity. Everyone could drop their masks and get back into restaurants and theaters and it would all be fine. Clearly that didn’t pan out. One of the most hopeful signs in the last week is that that fact is leading a lot of people to go get vaccinated. After months of declines, the number of vaccinations is starting to rise again. But among the vaccinated there’s a growing realization that we’re going backwards, seeing rates go up, seeing some mask mandates come back because of the non-vaccinated. And people are getting frustrated. That is a big part of why you’re seeing Republicans not simply encouraging people to get vaccinated but even more trying to ditch the vaccine-resistant brand. They’re feeling exposed to shifting public opinion. In short, they don’t want to be accountable for what they’ve done.

Most elected Republicans haven’t been explicitly anti-vaccination. Indeed, even before the last couple weeks many have made low volume statements saying they’ve been vaccinated and encouraging others to do so. But they’ve almost all participated in the effort to make vaccine resistance into a kind of freedom movement – banning government or private businesses from using vaccine passports, banning mask mandates, politicizing debates over school reopenings. As a party they’ve leaned into valorizing vaccine resistance and banning any private or governmental efforts to place the burden of the consequences of non-vaccination on those who choose not to be vaccinated.

They thought that would supercharge their already happy prospects for 2022 by riding an anti-vax or anti-vax mandate wave. And now they’re thinking they may have miscalculated.

David Frum says that vaccine hesitancy, rather than outright refusal, has played a bigger role in this than those on the rational side may expect, but yeah, we're  still done with that crap:

Part of the trouble is that pro-Trump state legislatures are enacting ever more ambitious protections for people who refuse vaccines. They are forbidding business owners to ask for proof of vaccination from their customers. They are requiring cruise lines, sports stadiums, and bars to serve the unvaccinated. In Montana, they have even forbidden hospitals to require health-care workers to get vaccinated.

Pro-Trump vaccine resistance exacts a harsh cost from pro-Trump loyalists. We read pitiful story after pitiful story of deluded and deceived people getting sick when they did not have to get sick, infecting their loved ones, being intubated, and dying. And as these loyalists harm themselves and expose all of us to unnecessary and preventable risk, publications—including this one—have run articles sympathetically explaining the recalcitrance of the unvaccinated.

Reading about the fates of people who refused the vaccine is sorrowful. But as summer camp and travel plans are disrupted—as local authorities reimpose mask mandates that could have been laid aside forever—many in the vaccinated majority must be thinking: Yes, I’m very sorry that so many of the unvaccinated are suffering the consequences of their bad decisions. I’m also very sorry that the responsible rest of us are suffering the consequences of their bad decisions.

Compassion should always be the first reaction to vaccine hesitation. Maybe some unvaccinated people have trouble getting time off work to deal with side effects, maybe they are disorganized, maybe they are just irrationally anxious. But there’s no getting around the truth that some considerable number of the unvaccinated are also behaving willfully and spitefully. Yes, they have been deceived and manipulated by garbage TV, toxic Facebook content, and craven or crazy politicians. But these are the same people who keep talking about “personal responsibility.” In the end, the unvaccinated person himself or herself has decided to inflict a preventable and unjustifiable harm upon family, friends, neighbors, community, country, and planet.

Will Blue America ever decide it’s had enough of being put medically at risk by people and places whose bills it pays? Check yourself: Have you?

Oh, yes I bloody well have. And I'm looking at the Right Honourable Gentleman from Uxbridge and South Ruislip for cocking it up in my Ancestral Homeland as well. Politicizing a pandemic isn't the stupidest thing the right have ever done, but it's in the top five.

I know, two days in a row I can't be arsed to write a real blog post. Sometimes I have actual work to do, y'know?

• The Economist argues that when the world gets 3°C hotter, nowhere will be safe.
• The New York Times predicts where heat-related deaths will rise when that happens.
• Jennifer Rubin gives President Biden high marks for his first six months in office.
• Sophia McClennen explains "why it's (almost) impossible to argue with the right" while Gary Abernathy demonstrates the problem.
• The National Labor Relations Board has given Chicago's own Scabby, the giant inflatable protest rat, a reprieve.
• Cranky Flier explains that even though Alitalia ("the worst airline in the world") will technically cease to exist in October, the Italian government just won't let it die.
• NBC's Paris Marx calls Amazon CEO Jeff Bezos's thank-you speech a self-own.

Finally, as I've gone through my CD collection in the order I bought them, I occasionally encounter something that has not aged well. Today I came across Julie Brown's "The Homecoming Queen's Got a Gun," which...just, no. Not in this century.

I haven't had time to read a lot lately, as I mentioned. Maybe these explain why:

• House Minority Leader Kevin McCarthy (R-CA) stomped off in a tantrum after House Speaker Nancy Pelosi (D-CA) rejected two House members who participated in the insurrection from serving on the committee investigating the January 6th insurrection. Josh Marshall calls this "the best possible outcome."
• Meanwhile, defendants in criminal cases for their actions on January 6th have made some pretty interesting arguments in their defenses, none better than "We weren't there to steal things. We weren't there to do damage. We were just there to overthrow the government."
• Kori Schake worries about this and other events putting even more strain on the US military's apolitical structure.
• A segregation wall built in Detroit in 1939 still stands, despite no one in Detroit wanting it. Well, almost no one.
• England—not, mercifully, Scotland, Wales, or Northern Ireland—opened up on Monday as if 332,000 people hadn't tested positive for Covid-19 last week.

And finally, a man in Chicago suburb Lisle, Ill., has made a life's work out of preserving old TV commercials.

The Niles, Ill., public library topped lists around the world for its best-in-class offerings. As part of the North Suburban Library System, it shares resources with other world-class public libraries, including the one I grew up in. But following the Library Board elections this past April, the Niles Public Library has become noteworthy for something completely different:

Over the course of the next few months and the installation of a new Board of Directors, the library’s funding has been deeply slashed, hours reduced to below-state-standard levels, the library director quit, and essential services to the community shuttered.

Three new Board members — Joe Makula, Susan Schoenfeldt, and Olivia Hanusiak — were elected, allowing for a return to a conservative, tax-conscious voting block. All three were candidates [Board member Carolyn] Drblik sought, and now she had enough support to be elected Board president. It’s rumored they spent up to $15,000 on this small local election. Makula himself is a Trump donor, and the group, Dove Lempke believes, is working to install themselves on taxing bodies across the state and country in order to gut public institutions from the inside.

Immediately upon the board being installed, they hired a technology consultant to investigate the library’s processes and procedures. This consultant, a wedding videographer with no auditing credentials, is simply a friend of Drblik and the rest of her new Board block and campaigned for their election.

He was hired at $100 an hour with no experience and no cap.

Consequence? The Niles Public Library is on its way to not being a world-class library. And in an odd turn of events, the entire library staff joined AFSCME Local 31 in June.

The moral of the story: vote, people! Especially in local elections.

Adam Gopnik makes a good point about President Biden's successful, if invisible, ideology:

Biden and his team, widely attacked as pusillanimous centrists with no particular convictions, are in fact ideologues. Their ideology is largely invisible but no less ideological for refusing to present itself out in the open. It is the belief, animating Biden’s whole career, that there is a surprisingly large area of agreement in American life and that, by appealing to that area of agreement, electoral victory and progress can be found.

He didn’t say as much as he might have or as many might have wanted [about the XPOTUS's crimes]. But this was surely due to his conviction, and the conviction of his circle, that an atmosphere of aggravation can only work to the advantage of the permanently aggrieved. With so many Americans in the grip of a totalized ideology of Trumpism—one that surmounts their obvious self-interest or normal calculations of economic utility—the way to get them out of it is to stop thinking in totalized terms. You get people out of a cult not by offering them a better cult but by helping them see why they don’t need a cult.

[L]ike a virus that infects the country, long Trump is an ailment that won’t go away.

The urge to fight it, hard, before it can return, seems irresistible. Yet Biden and his circle resist this fight, and it would be foolish to think that they resist it only out of blindness and opacity. They are betting on Charley Goldman’s wisdom: you can’t win playing the other guy’s game. This wisdom has taken them further than the more aggressive conventional kind might have imagined.

The President is about to get a $3.5 trillion infrastructure package through Congress on Democratic votes alone. He's doing everything he said he'd do, and succeeding (mostly). He might know what he's doing.

The Tennessee Dept of Health will stop telling adolescents about vaccines—especially about the HPV vaccine:

The Tennessee Department of Health will halt all adolescent vaccine outreach – not just for coronavirus, but all diseases – amid pressure from Republican state lawmakers, according to an internal report and agency emails obtained by the Tennessean. If the health department must issue any information about vaccines, staff are instructed to strip the agency logo off the documents.

The health department will also stop all COVID-19 vaccine events on school property, despite holding at least one such event this month. The decisions to end vaccine outreach and school events come directly from Health Commissioner Dr. Lisa Piercey, the internal report states.

After the health department's internal COVID-19 report was circulated on Friday, the rollback of vaccine outreach was further detailed in a Monday email from agency Chief Medical Officer Dr. Tim Jones.

Jones told staff they should conduct "no proactive outreach regarding routine vaccines" and "no outreach whatsoever regarding the HPV vaccine." 

Staff were also told not to do any "pre-planning" for flu shots events at schools. Any information released about back-to-school vaccinations should come from the Tennessee Department of Education, not the Tennessee Department of Health, Jones wrote.

Decisions to ratchet back outreach comes amid pressure from conservative lawmakers, who have embraced misinformation about the coronavirus vaccine, said Dr. Michelle Fiscus, Tennessee's former top vaccine official.

Despite being Cassie's birthplace, not to mention the state other close friends come from, we must remember that it also hosted the Scopes trial in 1925. The state government has a long history of anti-science legislation. This mandate seems particularly idiotic, but we also have to remember that with the modern Republican Party, the cruelty is the point.

Josh Marshall points to the Great Texas Democratic Legislator Escape going on today as an example of what a filibuster should be:

Democrats are making a huge spectacle. No one’s going to miss that. They also have to be very clear why they’re doing it. It’s because of an assault on voting rights in the state. They have to own that. And they’re taking this step because they’re clearly quite willing to own that.

Just as clear, this can only go on for so long. How do I know? Basically logic really but also history. We’ve seen this in Texas, Oregon, Wisconsin and various other places. Legislators are only willing to stay on the lam for so long. Over time there are various tools legislative majorities can use to get their way. (That’s not a bad thing. Majority rule is our fundamental system.) You also need a really good reason for doing it. Otherwise public opinion will rapidly turn against you.

The whole effort is best seen as an effort to stall, buy some time and they hope either slow the process down or shift public opinion in their favor. It’s not pretty but there’s some value in having that kind of escape valve in the legislative process. It’s public. It’s self-limiting. You have to own it and be politically accountable for your actions.

In other words, the Texas Democrats didn't just send an email to halt all progress in the Texas Legislature. Imagine if US Senate Republicans had to do the same thing.

Former Social Security commissioner, whom President Biden fired last week, "defiantly" "showed up" for "work" yesterday morning. It worked about as well as someone not born in the Pleistocene would have guessed:

Ousted Social Security commissioner Andrew Saul, the Trump appointee who declared Friday he would defy his firing by President Biden, on Monday found his access to agency computers cut off, even as his acting replacement moved to undo his policies.

“There will be more,” said Saul, a wealthy former women’s apparel executive and prominent Republican donor who had served on the board of a conservative think tank that has called for cuts to Social Security benefits. “Stay tuned.”

OK, Boomer.

Now, I'm not wild about the president firing an agency head, when the agency probably would have done better to stay out of politics. But when the head of said agency wants to dismantle the agency, maybe firing him is OK?