Gillitrut
Reading from the golden book under bright red stars
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User ID: 863
Iran is a different country. Our constitution doesn’t apply to them.
The part of the Iran-Contra affair that is scandalous does not primarily concern events that occurred in Iran. The part that is scandalous is the part where the executive branch of the government deliberately defied a restriction on what it can spend money on passed by Congress, in violation of Article 1 Section 9 of the United States Constitution.
Watergate feels like child play to me. Some burglary.
Again, the significance in Watergate is not in the initial break in, it is in Nixon's attempts to impede or end the investigation into the break in, due its links to his campaign and top officials. Imagine some people are arrested breaking into Mar-A-Lago. Investigation by the FBI reveals the perpetrators are connected to high level members of the Biden administration and perhaps the president himself. The Attorney General appoints a special prosecutor to investigate. After the special prosecutor's investigation implicates Biden, he fires his Attorney General and Deputy Attorney General, because they refuse to fire the special prosecutor and end the investigation into him. Would you characterize the scandal here as "some burglary"?
Pentagon Papers - again bad shit we did to people who weren’t Americans. We expect the CIA and Pentagon to fuck up our enemies
The significance of the Pentagon Papers is only partially the things the US government did in Vietnam, it is also about the way the US government deceived the American people with respect to its intentions and motivations for engaging in the Vietnam War, a war that killed some 50k Americans!
This was literally a coup by the deep state against the will of the American people to overthrow a Democratically elected government.
Can you describe for me, as literally as possible the acts you understood the "deep state" to have taken?
There's no way that Trump and his inner circle aren't insider trading on these tariff announcements, right?
More news in immigration yesterday. There's an Atlantic article about it. The docket is Abrego Garcia v. Noem. The facts I'm recounting come from the declaration of Robert L. Cerna, Acting Field Office Director of the ICE Harlingen Field Office. This declaration is attached as Exhibit C to the government's response in opposition to the TRO (ECF #11).
6. On March 15, 2025, two planes carrying aliens being removed under the Alien Enemies Act (“AEA”) and one carrying aliens with Title 8 removal orders departed the United States for El Salvador. Abrego-Garcia, a native and citizen of El Salvador, was on the third flight and thus had his removal order to El Salvador executed. This removal was an error.
7. On March 29, 2019, the Department of Homeland Security (DHS) served Abrego- Garcia with a Notice to Appear, charging him as inadmissible pursuant to Section 1182(a)(6)(A)(i) of Title 8 of the United States Code, “as an alien present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the [Secretary of Homeland Security].”
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9. On October 10, 2019, an IJ ordered Abrego-Garcia’s removal from the United States but granted withholding of removal to El Salvador pursuant to 8 U.S.C. § 1231(b)(3)(A). This grant of protection prohibited his removal to El Salvador.
10 . Following this grant of withholding of removal, Abrego-Garcia was released from ICE custody.
11. On March 12, 2025, ICE Homeland Security Investigations arrested Abrego- Garcia due to his prominent role in MS-13. Over the next two days, Abrego-Garcia was transferred to the staging area for the removal flights discussed in Paragraph 6.
12. The operation that led to Abrego-Garcia’s removal to El Salvador was designed to only include individuals with no impediments to removal. Generally, individuals were not placed on the manifest until they were cleared for removal.
13. ICE was aware of this grant of withholding of removal at the time Abrego- Garcia’s removal from the United States. Reference was made to this status on internal forms.
14. Abrego-Garcia was not on the initial manifest of the Title 8 flight to be removed to El Salvador. Rather, he was an alternate. As others were removed from the flight for various reasons, he moved up the list and was assigned to the flight. The manifest did not indicate that Abrego-Garcia should not be removed.
15. Through administrative error, Abrego-Garcia was removed from the United States to El Salvador. This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13.
That last line is, frankly, insane to me given the circumstances. "Yea we knew at the time we deported the guy to El Salvador that it was illegal for us to do it, but it was in good faith!" What is the government's response to having illegally deported someone? Too bad! The government makes a few arguments but here I want to zoom in on a particular one: redressability. Ordinarily in order for a U.S. Federal court to have jurisdiction to hear a case the Plaintiff (that would be Abrego-Garcia, his wife, and his 5 year old son in this case) bears the burden of establishing that an order of the court would redress their claimed injury. This cannot be met here, according to the government, in part because they no longer have custody of Abrego-Garcia and so there is no order the Court can issue as to the United States Government that will reddress their injury. The appropriate entity to be enjoined is the government of El Salvador, over which a U.S. federal court obviously has no jurisdiction.
As best I can tell nothing in the redressability argument turns on any facts about his legal status in the United States. The argument is strictly about who presently has custody of the defendant in question. I do not see any reason why the government could not make an identical argument if an "administrative error" meant they deported a United States citizen.
This idea fascinates me, and while I'm sure there are all sorts of reasons it may be terrible, I fear that financially the U.S. may need to do something dramatic like this in order to get the debt under control, etc etc
What does under control mean here? It's not that long ago (late 90's) the United States has a budget surplus. Our debt to GDP ratio could also be shrinking substantially if we repealed the Bush and Trump tax cuts (i.e. went back to the tax rates we had when we had a surplus). The growth of United States debt to some unmanageable level only seems inevitable because one of the primary ways of reducing it is implicitly off the table. This asymmetry also infects US political discourse. Any new spending must justify itself with how it is going to be paid for but the same is rarely asked of tax cuts.
The question for me is - how would this work? Which areas do you think would get cut the most? (education was mentioned here specifically) Which areas are critical and should remain mostly untouched? (post office?)
Any discussion here needs to start with the actual federal budget. About 60% of which is Social Security/Medicare/Medicaid/Military. Cutting the DOE down to 0 would cut ~10% off the deficit. You could eliminate a solid majority of federal government departments and still not arrive at a budget surplus. Most of them are tiny relative to the size of the deficit.
On top of that, if this were to happen, what would be the primary blockers?
The largest one is probably the Pendleton Civil Service Reform Act. The Act was a direct response to executive branch employees (including the President) giving out government positions as a kind of patronage. The Act reformed the hiring process for large swathes of administrative agencies to be based on merit and competitive exams rather than political appointment. You might have heard about this in the context of Trump trying to create Schedule F to designate a bunch of positions in the executive branch as exempt from civil service protections.
Do you think Elon is the right man for the job without political connections?
I am not sure how Elon is "without political connections." He just hosted an interview with a candidate for President. His companies are government contractors. He has adversarial relationships with particular executive branch departments. He is not exactly someone with no personal financial interest in the operation of specific government departments.
I think the article is big on Vibes, Narrative, and Metaphor but pretty light on reason or evidence. If you buy all the authors premises its a nice polemic but as someone skeptical I found basically nothing in it convincing.
You might enjoy Matt Levine's take in Everything Everywhere is Securities Fraud
You know the basic idea. A company does something bad, or something bad happens to it. Its stock price goes down, because of the bad thing. Shareholders sue: Doing the bad thing and not immediately telling shareholders about it, the shareholders say, is securities fraud. Even if the company does immediately tell shareholders about the bad thing, which is not particularly common, the shareholders might sue, claiming that the company failed to disclose the conditions and vulnerabilities that allowed the bad thing to happen.
And so contributing to global warming is securities fraud, and sexual harassment by executives is securities fraud, and customer data breaches are securities fraud, and mistreating killer whales is securities fraud, and whatever else you’ve got. Securities fraud is a universal regulatory regime; anything bad that is done by or happens to a public company is also securities fraud, and it is often easier to punish the bad thing as securities fraud than it is to regulate it directly.
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But the principle of the thing is that U.S. securities law is a global universal regulatory regime: If a foreign company never issues shares in the U.S. and files its financial statements and other reports only abroad, it can still be sued in the U.S. for securities fraud. And in the U.S., everything is securities fraud.
He also has a take on the Bankman-Fried trial in today's issue.
In the FTX case I think the case for fraud is pretty simple.
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As an exchange FTX was a custodian of customer assets. If a customer bought 10 BTC then FTX was obliged to hold that 10 BTC in case that customer wanted to sell it or transfer it or whatever.
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FTX did in fact represent to customers that it was a custodian of their assets and did have their assets.
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FTX did not actually have custody of the relevant assets. They sold them or lent them or sent them to Alameda or otherwise did not retain the assets they were obliged to.
I think it is important in this context to distinguish between "unlawful" in a criminal sense and "unlawful" in a civil sense. Functionally all criminal laws are written the way you describe. With a list of the prohibited conduct and a range of penalties for doing it. Civil law penalties are more vague because their purpose is to redress some harm that some individual A has caused some other individual B. Legislatures can (and do) pass laws modifying what kinds of damages one may receive when one has been wronged in various civil ways but there is not (by design) as complete a specification as criminal law. Civil law instead relies on the Plaintiff (the person bringing the suit) being able to articulate how much they have been wronged and asking a court for appropriate relief. To some extent we put trust in judges and courts (and a complex system of precedents) to figure out what the appropriate relief is in civil cases.
Lawsuits for violations of civil rights are, in the United States, civil lawsuits and generally are asking courts for (1) damages actually suffered and (2) an injunction against the defendant. The second part is important because it means if the enjoined defendant engages in the described conduct again there can be additional penalties (criminal and civil) for violating a court order, above whatever civil law violations it would also entail.
Circling back to your AA example the Supreme Court's ruling is more like "If You Discriminate On The Basis Of Race We'll Order You To Pay Damages To The People You've Discriminated Against And If This Isn't The First Time We'll Impose Additional And Escalating Penalties."
(As far as I know, the universities have not been penalized or ordered to compensate their victims in any way – if this is incorrect, I would be open to being corrected.)
If they haven't yet, they will be. I think a little civil procedure is instructive here. Before anyone in a civil suit gets ordered to pay anyone else damages you first need to figure out whether the defendant is liable. After a court has made a determination about the defendant's liability, that determination becomes appealable to some higher court (and eventually SCOTUS). On appeal the appellate court doesn't take over the whole case, they are usually only deciding the particular issue being appealed. Afterwards they'll send the case back down to the original court with an order to continue proceedings consistent with their opinion. So SCOTUS's decision was the "end" of the case in the sense it found Harvard and UNC liable and created a national precedent that their conduct was a violation of the student's constitutional rights but it was not the end in a procedural sense. The trial court still needs to actually issue an injunction and figure out how much in damages to award the plaintiffs.
I know the whole premise of longtermism is in thinking about the far future but it seems to me the degree of uncertainty involved with respect to what it will be like makes it impossible to take them seriously. Making decisions today about what you expect things to be like in 11 generations, in a sociological or technological sense, is not rational, it is irrational.
Take the Collins example (that you rightly call crazy). How long is 11 generations? Assuming each of their kids has kids between the ages of 20-30 (for simpler math) it means their 11 generations is going to take between 220 and 330 years to realize. What was our own world like 220 to 330 years ago? Well 220 years ago would have been circa 1803. This is before the founding of Mormonism, indeed a few years before Joseph Smith's birth. The United States was still in the grip of a fierce debate over slavery. This was before the development of the ideology of communism by Marx and Engels. If you take the longer end, 330 years, that puts you at around 1693. So now we're back before the founding of the United States. This is around the time the Amish are founded in Switzerland and just a few years after Locke publishes his Treatises.
There is nothing "just" about 11 generations! Making decisions today on the assumption that your kids, and their kids, and so on up to 8 billion people will keep your ideology over the course of centuries is making decisions on the basis of a false assumption.
Even leaving aside this one family, how have various religious or ethnic organizations managed to hold their beliefs across this length of time? My impression is not very well. Firstly, many such organizations that are prominent today have not even *existed * that long. Secondly, among those that have, how many of the versions of these organizations from 11 generations ago would even recognize their modern incarnations? How much is the Catholic church today like the Catholic church of 1803? Of 1693? How much has the LDS church changed, since it's founding by Smith, in a much shorter time?
I guess I have some experience here. Starting back in 2021 I was the heaviest I had ever been (260 lbs) and decided I wanted to lose weight. I saw a nutritionist, we worked on a meal plan and routine. I changed a whole bunch of my habits and about 18 months later I was down to 185 lbs. Over the two-ish years since then I've gained most of it back and am about 220 lbs as of this morning.
Losing weight this way required changing a lot of daily habits. Counting calories. Keeping regular track of my weight. Paying attention to portion sizes. I would venture to say most people don't do any of this. They eat in a very intuitive way that likely matches the way they grew up eating or their social environment. I think likening it to drug addiction makes sense. Not necessarily because people become physically addicted to food, but because the scope of changes to one's life can be similar. I'd liken it to mild alcoholism, which is also something I struggle with. Losing weight was much harder than controlling that!
In terms of why I gained the weight back, the habits necessary to maintain that lower weight require active upkeep, at least for me. If I fall out of the habit of counting my calories or macros, of weighing myself every day, it's easy to get back in bad habits that involve eating a lot more.
But what makes someone — who for months now has been eating much less — be unable to maintain the amount they've been eating for months but instead be compelled to keep eating more even though it's actively physically hurting them (and costing them in other ways, like socially).
This part is weird, to me. I was significantly weaker at my primary form of exercise (powerlifting) after my weight loss. And no one I had ever interacted with had commented on my weight in a negative way socially. The reasons I started losing weight were definitely internal to me, not anything I felt pushed on by anyone else.
I think it is pretty common for any large entity (not just government) to have separate departments for authorizing payments and making payments. I am pretty sure in my own employer this is exactly how it works. If department or individual X with authority to authorize payments has done so it's not clear why department or individual Y should be second guessing them about whether the payment is permitted. Especially for large and complex operations it's not clear to me how the "department of writing checks" can also be expert in the subject matter of every other department and what they are and aren't authorized to spend money on. The accountability is (properly) located in the entity that authorized the payment, not the department that wrote the check. Blaming the department of check writing would be like blaming my bank for letting me send a bunch of money to gambling platforms.
I don't understand why people suddenly forget about chilling effects in this context. The government passes a law that bans doing X but it's ambiguous whether some similar behavior Y is part of X. Even if Y is not covered by X that ambiguity might chill people from doing Y if they think the government might prosecute them for doing Y. Even if the government ultimately does not succeed (jury acquittal) defending yourself in a criminal trial is not exactly free.
So, let's ask how the exemption for a medical emergency works. Is the standard subjective or objective? Does the physician merely have to say the magic words "I think there is a medical emergency?" Do they have to actually believe there is a sufficient medical emergency? Is their determination open to challenge by the state after the fact? Maybe you're pretty sure, in the moment, such a medical emergency exists. Are you "the state couldn't find a doctor who could convince a jury otherwise on pain of conviction of a first degree felony" sure? Especially if the alternative is, what, a medical malpractice or wrongful death claim? Your insurance probably covers the latter. It won't protect you from a felony conviction!
These laws fulfill their obviously intended effect of chilling doctors from providing abortions whether or not they have a fig leaf of an exception.
Farmshine has learned that these fines were ignored on advice of their former attorney, so as not to admit guilt. After all, why should Herr and Wentworth admit guilt for actions that have become commonplace and are open to interpretation of the state’s vague and archaic veterinary law in regard to defining ‘diagnosis’ — especially since pregnancy is not a disease to be diagnosed, but rather a condition to be observed?
This advice is so fucking stupid they should be suing whatever attorney gave it to them. I am not a barred lawyer in PA but I am confident that the proper response to "a state executive agency has inappropriately levied a fine and injunction on me" is "file suit challenging the action in a court of competent jurisdiction" not "ignore it and hope it goes away." All that notwithstanding, reading the Veterinary Medicine Practice Act, it sounds like the board has not followed the legally required procedure for enforcing its judgements. Unless there have been some proceedings initiated in a PA court that are not being mentioned.
I think this undersells how much of the emphasis on WMDs was on nuclear weapons, specifically. As other commenters have pointed out we did find large stockpiles of chemical weapons in Iraq. The problem with using chemical weapons as a justification for invasion is that (1) lots of countries (including the US) had large chemical weapons stockpiles at the time and (2) chemical weapons are not actually that effective. I think there was much more focus on nuclear weapons than other categories of WMD due to the idea of Iraq giving terrorists sufficient material to make a dirty bomb or similar. As you note, manufacturing some kind of plausible trail or stockpile of nuclear weapons or fissile material is much harder than doing so for chemical weapons.
It is not correct to say the judge is the one valuing Mar-a-Lago at 17-25 million. The judge is just quoting the valuation from the Palm Beach County Assessor:
From 2011-2021, the Palm Beach County Assessor appraised the market value of Mar-a-Lago at between $18 million and $27.6 million.
You can read the full ruling here. The ruling also goes over a bunch of properties Trump owned where he lied about easily verifiable facts to inflate valuations, like claiming his Trump Tower triplex was 30k sq ft when it was actually 11k sq ft.
Seriously, just skip down to page 20 and start reading. For property after property Trump was in possession of third party appraisals of his properties that he inflated to many times their actual value when reporting their worth to other parties.
Seven Springs:
Notwithstanding receiving market values from professional appraisals in 2000, 2006, 2012, and 2014 valuing Seven Springs at or below $ 30 million, Donald Trump's 2011 SFC reported the value to be $ 261 million, and his 2012, 2013 and 2014 SFCs reportedthe value to be $ 291 million.
So he inflated the value of his property by almost 10x what an appraiser said it was worth.
40 Wall Street:
In 2010, Cushman & Wakefield appraised the Trump Organization's interest in 40 Wall Street at $200 million. Cushman & Wakefield appraised again in 2011 and 2012, reaching valuations of between $200 and $220 million.
Despite these appraisals, the 2011 and 2012 SFCs valued the Trump Organization's interest in the property at $524.7 million and $527.2 million, respectively, an overvaluation of more than $300 million each year.
Please tell me how it isn't fraud to lie to banks you're seeking a loan from and claim your assets are worth many times what they are actually appraised for.
Highly recommend Matt Levine's article on FTX's balance sheet. There is no way to read this balance sheet and come away thinking that Bankman-Fried, FTX, and Alameda were merely incompetent.
In round numbers, FTX’s Thursday desperation balance sheet shows about $8.9 billion of customer liabilities against assets with a value of roughly $19.6 billion before last week’s crash, and roughly $9.6 billion after the crash (as of Thursday, per FTX’s numbers). Of that $19.6 billion of assets back in the good times, some $14.4 billion was in more-or-less FTX-associated tokens (FTT, SRM, SOL, MAPS). Only about $5.2 billion of assets — against $8.9 billion of customer liabilities — was in more-or-less normal financial stuff. (And even that was mostly in illiquid venture investments; only about $1 billion was in liquid cash, stock and cryptocurrencies — and half of that was Robinhood stock.) After the run on FTX, the FTX-associated stuff, predictably, crashed. The Thursday balance sheet valued the FTT, SRM, SOL and MAPS holdings at a combined $4.3 billion, and that number is still way too high.
I am not saying that all of FTX’s assets were made up. That desperation balance sheet lists dollar and yen accounts, stablecoins, unaffiliated cryptocurrencies, equities, venture investments, etc., all things that were not created or controlled by FTX. 5 And that desperation balance sheet reflects FTX’s position after $5 billion of customer outflows last weekend; presumably FTX burned through its more liquid normal stuff (Bitcoin, dollars, etc.) to meet those withdrawals, so what was left was the weirdo cats and dogs. 6 Still it is striking that the balance sheet that FTX circulated to potential rescuers consisted mostly of stuff it made up. Its balance sheet consisted mostly of stuff it made up! Stuff it made up! You can’t do that! That’s not how balance sheets work! That’s not how anything works!
"It was obviously in good faith that we exchanged customer funds in actual things (dollars, bitcoins, whatever) with coins that we made up and whose supply we control and that could not be sold for even a fraction of their claimed value." Or having an account labelled "Hidden, poorly internally labeled ‘fiat@’ account."
How about a thread of ballot measures of Culture War interest and their results? You can find a list of all measures on the ballot in every state here.
Abortion
Four states (CA, KY, MI, VT) had measures on the ballot related to abortion last night. Three of these (CA, MI, VT) were attempts to enshrine abortion as a right in their state constitutions. All three passed. One (KY) was an effort (similar to KS earlier this year) to amend their constitution to clarify it does not contain a right to abortion. This measure failed. One thing I want to draw attention to is the difference in margin between the KY Senate race and this ballot measure. Rand Paul easily cruised to victory with a margin (according to the NYT) of 890k votes to 550k votes (61.6-38.4). By contrast this ballot measure lost 700k votes to 632k votes (52.55-47.45). Even if every single Booker voter also voted No on the amendment there would still have to be another 150k Paul voters (10% of the electorate, 1/6 of Paul's voters) who also voted No. So it seems like there may be a substantial number of Republican voters who are turned off by the party's position on abortion.
Slavery
Involuntary servitude as punishment for a crime was on the ballot in five (AL, LA, OR, TN, VT) states last night. Of those, four of them (AL, OR, TN, VT) passed their ballot measures prohibiting involuntary servitude as punishment for a crime and one (LA) did not.
Drugs
It was a pretty mixed night for drug legalization on the ballot. Five states (AK, MD, MO, ND, SD) had marijuana legalization initiatives. Two of those (MO, MD) passed and three (AK, ND, SD) did not. Colorado looks set to approve a ballot measure decriminalizing certain psychedelics (including psilocybin and DMT) statewide.
Nondiscrimination
One final ballot measure I want to call attention to is in Nevada. There they passed a constitutional amendment that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin."
The simple version is that wherever the constitution uses the phrase "people" or "person" (which is most places) it applies to all people physically in the territory of the United States of America. This goes all the way back to 1896 and Wong Win v. United States.
I think agents of the state should have to identify themselves as agents of the state when going about the business of the state. And the particular agents doing the state's business need to be identifiable after the fact to the people they interacted with for accountability reasons. I don't think this an insane thing to say? Maybe I am just too radically libertarian. There are just a whole[1] pile[2] of articles[3] discussing the phenomenon of people impersonating ICE officers to commit other crimes. It turns out a standard like "if someone claims to be from ICE you gotta do what they say, even if they refuse to provide identification or evidence, on pain of committing another federal crime" is a standard that is open to abuse!
On the more general topic I think black bagging is a lot harder in a world where ~everyone has a video camera in their pocket. All the Dem politicians detentions or arrests I'm aware of had contemporaneous video within minutes of them occurring. Even in cases of AEA-related deportation attempts the news has gotten out in hours or less.
My radical proposal is the judiciary should have their own police force, independent of the executive, for the purpose of enforcing their orders.
Harris' biggest advantage is the online right is going to be totally unable to hide their power level, in ways that will be negatively polarizing to the median voter. This is already happening in this thread.
I do not have much to contribute analytically but this seems tailor made to cater to the kind of financial engineering in ESG investing that I often read about in Money Stuff. Maybe the SEC creating some standards here will cut down on some of the shadiness (heh) in the industry? Also seems like it's of a piece with the trend towards the financialization of everything. On the one hand it's good to be able to have some sense of the value of things for the purpose of analyzing tradeoffs. On the other hand there's a lot of power (and controversy) in doing that valuation.
1. How viable is Dr. West as a third-party candidate?
As viable as any other third party candidate, which is to say not at all. Like, what is the group of people that (1) West appeals to more than Trump or Biden and (2) constitutes a majority of voters in sufficient states to win those states and the election? I submit there is no such constituency.
2. Are viral speeches still the greatest arm in an Outsider Politician's arsenal?
Probably? I suspect one of the biggest issues for Outsider Politicians is a lack of name recognition. Those Outsider Politicians that have been the most successful are those (like Perot and Trump) that had the most name recognition from before their candidacy. Viral speeches are one way for candidates to get their names out there.
3. Will this campaign introduce trepidation in the academic veneration of Black Americans?
Wat. The Ivy League has trained a hell of a lot more than two detractors of their "party-ideology!" Including several actual Presidents who were arguably opposed to their ideology. Why would Cornell West running for President (winning or not) change anything?
4. What new ideological platforms will be introduced to navigate the thorny task of denigrating a formerly sacred opponent?
There won't be any because it won't be necessary. The likelihood that West gathers the requisite support that doing anything to oppose him is necessary is remote. They'll just ignore him like basically every other third party candidate.
You might be interested in checking out the latest State of Theology survey. 43% of respondents who identified themselves as Evangelical Christians agreed with the statement "Jesus was a great teacher, but he was not God", up from 30% in the 2020 survey.
Let me see if I understand correctly.
In Biden's case the staffers who discovered the documents immediately alerted NARA to their existence, turned the documents over, and are cooperating with the governments investigation into how the documents came to be there.
In Trump's case NARA learned Trump had documents bearing classification markings after some were included in boxes of presidential records Trump returned to NARA. NARA told Trump they were going to inform the FBI of the classified docs. Trump asks NARA not to tell the FBI, but produces no further documents. Eventually NARA informs the FBI. The FBI gets a subpoena for all documents at Mar-a-Lago bearing a certain set of classification markings. Trump turns over some documents and (falsely) certifies that those documents are all the ones in his possession that are covered by the subpoena. The FBI, by means not fully public yet, develop probable cause to believe Trump has further documents covered by the subpoena which he has not produced. A magistrate judge issues a warrant and the FBI execute that warrant. In the course of executing the warrant the FBI discover their probable cause was correct and Trump had lied about compliance with the subpoena.
Now, maybe some very damning facts will come out in the Biden case. It is a developing situation after all. But on the basis of the facts I know so far the differential response by law enforcement and related entities seem totally explicable.
Highly recommend reading Ian Hacking's Making Up People which was a decade ahead of The Geography of Madness in describing this phenomenon.
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