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Culture War Roundup for the week of December 29, 2025

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Josh Gerstein is a Terrible Legal Expert

A man wrote a bad post on twitter:

At some point, the amateur effort to knock on doors of home daycares intersects with robust stand-your-ground laws

This isn't so much a statement as it is a bunch of Implications given current events, but whatever extent it's implying anything, it's worth spelling out that it's fractally wrong. Minnesota is not a Stand Your Ground state, Stand Your Ground laws don't allow anyone to just blammo someone for knocking on a front door of a public business, there's no bonus tag on amateurs, Minnesota has an unusually constrained castle doctrine, so on, so forth.

At his claimed defense, this is just snark about his imagined false beliefs about the law resulting in the deaths of his hated enemies. False beliefs that Gerstein has actively promoted, and which he does not correct here even twenty hours later to dispel, taking full strength "90% of posters quit digging right before they're about to get out of the hole". Which would be funny, were Gerstein just another incompetent internet lawyer: it's not like I'd have space to complain just because someone's wrong, there's a surfeit of people wrong on the internet, and I'm not exactly bar-certified myself.

But no. He's an expert incompetent internet lawyer. Gerstein is, as his bio helpfully points out, a Senior Legal Affairs Reporter at Politico. He doesn't need X payouts to be compensated to be this wrong: he's a professional!

There’s things to be said about trust in expertise, but Ive said them before, on clearer matters; there’s little I can add to his presentation than shouting “the Cognitive Elite” at the end like the punchline to an Aristocrats joke, and that’s applicable nearly everywhere anyway.

To provide a real steelman, he doesn't want me dead. He doesn't even know me! He might even pretend to be apologetic were Shirley shot tomorrow. It's just be hilarious, the day after.

((Although it's worth spelling out that staff writers for a local media org published by a man with fraught ethical ties to the current Minnesota Governor are very interested in the identities of certain 'citizen journalists'. Just "reserving the right", anyway?))

... but that's not exactly news. Indeed, this stuff isn't newsworthy. Gerstein might feel proud about 4.8m (and counting) impressions of being a dumbass, but the reality is no one that matters cares about his entire existence except as a way to make the demons from Frieren look sympathetic and multifacted; if his computer blew up and he was stranded on a desert isle without internet access, there's a hundred thousand Vox wannabes chomping to take his seat. Brendan Eich got decked in a public space by someone specifically targeting him for his political positions a decade ago, you didn't hear about it at the time, I can't find any reporting now, and the only reason I know is that the guy who did it was happy to tell me. A guy who celebrated a political assassination took an NYT slot to debate the corpse, and he's better-known now for (allegedly) electrocuting a dog (cw: music, and be glad that I didn't link the furry version). Ken White has gone from jesus christ territory to full "who needs LLMs when the real hallucinations were with us the whole time". He can't even get an intervention, or for whatever shrink he's paying to pay attention to where his political screed hit actual madness; for everyone else, they're just noise coming from that thing in the corner. There's no shortage of these things; I'll just throw out the link and save the scrolling for everyone else. Even for people here, fish don't think about water.

Ken White is a lawyer in good standing. Punch-happy programmer, afaik, works at a FAANG. RPGnet isn't getting the ARFcom treatment, or men with no sense of humor that they are aware of asking for IP addresses. Discords and fundraisers where people call some political assassinations a good start don't have Harvard-supported orgs delivering hacked personal information to Fox News.

And Gerstein isn't going to lose his job over this. This is his job; he's a Legal Affairs Reporter not someone who actually needs to know what the actual laws are or who to ask about those things. There's no one who can boycott Politico who could care. It's certainly not going to end with fascist jackboots dragging him out of his door at 6AM in his underwear, and the mere idea, were it even imaginable, would be enough to unify a massive array complete with lawyers and judges with little interest or attention for technicalities and no hedging about bad behavior.

That's not a concern, for some.

And Gerstein isn't going to lose his job over this. This is his job; he's a Legal Affairs Reporter not someone who actually needs to know what the actual laws are or who to ask about those things. There's no one who can boycott Politico who could care.

This is what it comes down to -- his job is not to provide accurate legal analysis to inform Politico's readers. It's to provide legal-sounding reasons that their culture war enemies are obviously evil, bad, and wrong. And he delivers.

Worse, he probably gets the last laugh given the state of the judiciaries; if your case impinges upon culture war issues, and in particular if you're on the right/red/MAGA side, the leanings of the judge probably have a lot more with the outcome than any sort of legal reasoning.

but the reality is no one that matters cares about his entire existence

Then what's the point of posting about him?

Partly, I'm just incredibly petty. Partly, because Gerstein's pivot to Project Veritas is unusually naked and galling - even as a defense of 'principles', both Gerstein and his cited experts quickly pivoted to defending the Times in their attacks on Veritas. Gerstein himself would later imply that Veritas only avoided criminal prosecution thanks to Trump winning the election, and it's possible he's not even wrong, though I'd need to check deeper before I could commit to it.

Partly, because writing up this stuff helps me remember the event. Partly because I've got some port I'm trying to work through before it goes bad, and while I can't drink enough at once to get really drunk, last night it was apparently enough to get me spicy. Partly, because if I don't write up un-newsworthy stuff, no one else will.

((and, I will admit, partly because I can't resist an easy "own", even when it degrades my writing. Can't claim in vino veritas as a defense on that.))

But mostly because, while Gerstein doesn't matter, the system does, and you can't meaningfully talk about a system without mentioning the completely replaceable gears. If I'd sed -i 's/Gerstein/Politico/g' that post, it'd have gotten criticized writing a smear; if I'd done them same to switch Gerstein's name for the entire leftist sphere, I'd be inviting moderation action, probably correctly. It's only that he's going to keep getting supported, employed, unarrested, and unmolested that even lets me make this into a broader critique (and, coincidentally, leaves a testable prediction... and one I've very, very, very seldom had to eat crow on.)

((bonus prediction, SHA256 for three days: 7d4ed1e8c28b93c95e7b533870073df64ca533c9174589124b5b145fd818a611.))

It's not very productive to unload both barrels at a particularly squeaky replaceable gear, even if it can be a little cathartic. Doesn't mean the system's in good shape. This guy shows a lot of the ways its defenses aren't in good shape.

I don't care about the existence of a single thermometer, but I am relatively interested in knowing the temperature outside.

Is something wrong with archive.is right now? None of the links are loading, nor does archive.ph work.

John Galt not showing up for work again. Who even is he?

Not working for me, either. But that's not unusual; it sometimes stops working for a bit. Give it a few hours and try again.

EDIT: It's back online.