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Culture War Roundup for the week of December 5, 2022

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I also am really having a hard time understanding why this Baker guy was fired. He was fired for vetting the files without knowledge of new management? But new management is the one who is keen on disseminating these files. Why on earth would they fire him for advancing their goals? It makes no sense.

Because he wasn't supposed to be vetting them. Somehow he managed to insert himself into the process, against the wishes of Elon, and began slow walking and obfuscating access to the documents Elon wanted the journalist to have.

Elon called him in to explain his actions, and in Elon's own words, he found the explanations "unconvincing".

It also seems incredibly likely, given Jim Baker's placement in Russiagate, that he was one of the backdoor channels political operatives used to have Twitter censor things. So him "vetting" the information that gets released to journalist covering that connection is highly suspect. Doubly so when he inserts himself into that process completely unbidden.

Because he wasn't supposed to be vetting them. Somehow he managed to insert himself into the process, against the wishes of Elon, and began slow walking and obfuscating access to the documents Elon wanted the journalist to have.

This doesn't make sense, Jim Baker has been the Deputy General Counsel and Vice President of Legal for Twitter since June 2020, he's absolutely supposed to vet records that will be released to an outside party. That's basically foundational to his job as general counsel for a company. Some of the things a general counsel would want to review are relatively banal (e.g. employee SSN) and others would be making sure that a disclosure doesn't violate an NDA, disclose trade secrets, or otherwise runs afoul of the overbearing National Security Letter gag orders.

The point of a legal department is to protect a company from legal liability, and releasing these files without any lawyer reviewing the disclosures would have been an idiotic move. So unless Musk specifically asked to release the files without involving legal, it's presumed that the legal department would do its job. That Taibbi seems surprised by this makes me think he doesn't understand what a general counsel's job is.

Musk claims that Baker's explanations were "unconvincing" but why should we take him at his word? He could easily tell us what the reasons are. I think it's plausible that Jim Baker would at least have a strong motive to conceal things that would impugn the FBI which is his previous employer, but motive is not the same thing as commission. If Baker did indeed conceal things from the reveal, then Musk can just tell us. If Baker did indeed have unconvincing reasons for being involved, then Must can just tell us. The fact that he's light on the details makes me think Musk's reasons for firing him may have been more personal than anything else.

Aaand this is exactly the kind of response that makes me lose faith political debate in good faith can ever happen.

Nope, if your boss fires you, we can assume it's not because you weren't doing your job the way he wanted you to. The burden of proof is now on you that Baker was actually doing everything as was expected of him.

it is possible to fire someone for a bad reason! e.g. from musk. Bosses make mistakes sometimes!

I'm not sure I buy your example, but that's beside they point. Sure when you're firing, what was it 50%? 80%? of the company, some good people are going to be caught in the splash damage. It's a bit different when someone gets fired when they're caught with their hand in the proverbial cookie jar, and someone else goes "there is no evidence that those weren't his cookies".

I'm not sure I buy your example, but that's beside they point

Fair - but this wasn't "looking for people who will say arbitrary bad things that about musk", danluu is ex-twitter, knew a lot of people there, and I was reading him before the musk saga.

It's a bit different when someone gets fired when they're caught with their hand in the proverbial cookie jar, and someone else goes "there is no evidence that those weren't his cookies".

The error rate is certainly higher in mass layoffs - that's just the musk-related example I had on hand - but it's still very possible for a manager/ceo to make an individual firing for a bad reason, and that happens all the time.

Sure, it happens all the time, but rarely enough, that in most cases when someone gets fired, people don't presume wrongful termination. This case is even more specific, when the company owner, and 2 journalists unaffiliated with the company caught the guy with his hand in the cookie jar, and the only argument for wrongful termination is "there is no evidence those weren't his cookies".

I'm not presuming wrongful termination, I have no idea what's happening. "He did something bad" doesn't mean "he covered up fraud". And elon firing him because maybe he did something bad I can't tell is, in a broad sense, can be a reasonable move for an executive to make to be more certain about the process even if he did nothing wrong! "Elon wrongfully fired innocent man because corrupt poopy head" is not reasonable to conclude. But OP's claim that "[baker] began slow walking and obfuscating access to the documents Elon wanted the journalist to have" is not justified either, seeing as elon hasn't even claimed that!

Facially, having the twitter deputy GC involved in reviewing documents is fine. While he has a conflict of interest ... a ton of people at twitter who worked in comms or legal have the same conflict of interest, given the documents elon is posting are attempts to make them look bad, so that's not as surprising as it sounds.

Also, musk has made a decent number of obviously and comically bad decisions in relation to twitter - the bluecheck change, as implemented (nobody was checking if @nintendoamericaUSA buying verified for 8/mo was actually nintendo) , was obviously going to lead to impersonation, seeing as the entire original purpose of verified was to prevent impersonation. A twitter team wrote a document explicitly flagging that risk and the product got launched anyway! This isn't to argue twitter will fail, doubtful, or that musk won't make good decisions in the future, just that there isn't a prior of "careful and measured executive who doesn't make massive misfires".

I'm not presuming wrongful termination,

You are arguing for it in the next paragraph, where you claim it's fine he was involved in a process he was fired for getting himself involved in, though.

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I think you meant "we can assume it's because you weren't doing your job the way he wanted you to". If so then yes, I agree, but that would be an unremarkable observation. The real question is what exactly Elon Musk was upset about that led to this guy's firing. Musk has fired Twitter developers that criticized him or talked back at him. It's his right to fire them, but it comes across as petty and vindictive. Because he has a very recent history of this kind of retribution against his employees, I don't think it's reasonable for me to assume that Musk fired Baker for lofty high-brow reasons. It could be true, but I don't have evidence to believe that at this point.

Funny how the burden of proof is never on you.

Is there any evidence that Baker was fired for petty reasons, did he even claim to be? Is there any evidence he inserted himself in the process in good faith? It could be true but I don't have evidence that at this point.

I'm not sure how you misread what I wrote to this degree. The post you are directly responding to explicitly said that it's possible that Musk fired Baker for lofty high-brow reasons. It's perfectly reasonable to place the burden of proof on the one making an assertion and my assertion in this case is "I don't have evidence to believe that". What objection do you have with my assertion?

You are instead asking me to provide evidence that Baker was fired for petty reasons, or that Baker acted in good faith. I never asserted either positions! I don't know if either of those things are true! How many different ways do I need to say this?

It's perfectly reasonable to place the burden of proof on the one making an assertion and my assertion in this case is "I don't have evidence to believe that". What objection do you have with my assertion?

I never asserted either positions! I don't know if either of those things are true! How many different ways do I need to say this?

The objection I have is that despite inserting a thousand technicalities you can hide behind when called out, we're not in court, and I don't need to let you hide behind these technicalities, and pretend you didn't just say what you clearly said. The content of your comments clearly says that "it doesn't make sense" for Baker to not be involved. You're wrong, it does, and you have not provided any evidence for that not being the case.

Yes my assertion is indeed "It doesn't make sense to think the general counsel of a company is not supposed to be vetting files before they are disclosed to an outside party" and I stand by that position. You saying that I'm wrong is not enough to make it so. Can you actually explain how I'm off-base? As best as I can tell so far the issue seems to be that I'm not credulously accepting whatever Elon Musk said. I already explained why I'm suspicious of his claims, which part of my argument do you object to?

Do lawyers have any professional standards for conflicts of interest?

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Ok, we can play the game your way:

There is literally more evidence for fraud in the 2020 election, than there is for Baker acting in good faith regarding the disclosure of the Twitter Files, so why are you demanding people skeptical of Baker provide the evidence rather than the other way around?

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This is a lot of willful obfuscation. The documents were supposed to be vetted. According to Taibbi they were being vetting by a lawyer Musk trusts who was brought in. At some point, Baker managed to usurp that lawyer without Musk knowing, and immediately interferred in the process in ways Musk and Taibbi and the original lawyer agreed wouldn't happen.

All these crocodile tears about how they simply have to be vetted, and Jim Baker is a lawyer, so why can't he vet them is completely detached from the events that actually occurred. The entire point of the disclosures is that the prior regime at Twitter has no public trust. To not have another "We investigated ourselves and found we did nothing wrong." In that light, having Jim Baker vet things is absolutely inappropriate, letter of the law qualifications or not.

Baker managed to usurp that lawyer without Musk knowing, and immediately interferred in the process in ways Musk and Taibbi and the original lawyer agreed wouldn't happen.

I was not aware of this, where did you read this?

This just sounds like manipulating procedural outcomes by saying "look, there has to be a procedure. It's not our fault that our partisans who control every step of the process make all the procedural decisions in ways that seem disfavorable to you: you just don't understand The Procedure."

It's an ironclad defense for setting policy by backchannel insider consensus while stonewalling any outside input, even from the guy who is nominally in charge (insert your favorite Yes Minister clip here). It's a very lawyerly way of going about things, and so far it's been absolutely foolproof for imposing everything from ESG mandates to Title IX tribunals under the guise of implementing necessary value-neutral systems that only anarchists would oppose.

Edit: especially when you immediately follow up the "unbiased, just neutrally reporting The Procedure" by retweeting this screed. God damn dude, it's as if the entire point is having something to fall back on to muddy the issue in places where consensus enforcement isn't a viable tactic.

If Musk has evidence Baker acted badly (which I already said is perfectly plausible) there's nothing stopping him from showing it. He's not showing it. I don't think it's unreasonable for me to withhold judgment and not take Musk at his word when he's being so vague and cagey.

Which part of the above exactly do you take issue with?

I don't see how my retweets of what other people said are relevant. If you have an objection to something I myself actually wrote then just make your argument about what I actually wrote. No need to play offense archeology across other platforms, it's not like anyone can accuse me of being too terse to quote.

Because it makes it look like you go for partisan consensus enforcement when you think you can get away with it. When you can't, you fall back on what's carefully crafted to look like objective analysis with the partisanship hidden to muddy the waters as much as possible.

Like I said, it's a lawyerly debating method.

And I wasn't playing archeology: Singal retweeted you a few hours after I made that post, and I saw your account.

"You retweeted something I think is a partisan screed" is not an argument. You can continue scrying the tea leaves or you can actually address what I, myself, actually wrote and argued. I already laid out my position above and you've side-stepped addressing it. So once again:

Which part of the above exactly do you take issue with?

The very presence of Baker makes me assume that the FBI would have a role in being able to determine what Twitter censors. He may well be bright enough to not send emails that say "YEAH THE FBI SAID TO DELETE THIS", but having a former FBI guy around to set policy will tend to lead to the FBI having a say in policy.