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Culture War Roundup for the week of September 4, 2023

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The Proud Boy sentences being quite severe is on my mind today. 22 years for Tarrio who was not there on Jan 6. He does have text saying it was them who did it. A few others got in the high teens sentences who were there.

I will admit I respect the Proud Boys and agree with a lot of their statements. I do believe the 2020 election was stolen. The lack of a secret ballot thru mass mail-in voting violates every principle of Democracy. Without violating the secret ballot Trump would have easily won in my opinion. The Proud Boys official position from memory was a desire for a new election following Democratic principles. Seems fair to me. So I feel they are directionally correct even if they took things too far.

  1. The right won’t get equal treatment in the court. It seems like the key courts are in cities that are going to have unsympathetic juries and judges. If you flip these courts to rural areas then my guess antifa types are getting 20 years and Proud Boys 2 years. In rural areas they would have judges very sympathetic that the election wasn’t proper and their anger was justified in the same way BLM protestors get courts sympathetic that America is a racists nation.

  2. I think the left is making a mistake with these massive sentences. If they gave them a couple years I would feel it was fair as they went too far. But now I want them pardoned. If Trump pardons them as he should then it’s a slap in the face of the court decision. Delegitimizes the court to have the court decide these are really bad people deserving long sentences for overturning Democracy but then have the next guy release them. It feels very third worldish to me. With other lawfare attempts it seems as though any future POTUS should do mass pardons. I’m not sure how balance of powers can survive this.

  3. The punishment for Proud Boys seems to have some connection to the debates and Biden declaring them “white supremacists” and Trump telling them to “stand by and stand down” (which felt coded). It made it important these guys got long sentences to confirm that they are the bad guys because then a court confirmed what they told you. Same thing with Floyd officers and long sentences which confirmed that they were bad murderous cops. A jury convicted therefore we know it’s true.

  4. It’s another example of punishment for exercising your right to a jury trial.

I agree with Garrett Jones books “10% Less Democracy” and America would be better with less activision and less voting. But America looks more and more like a third word spoils system. Win you get the spoils, lose you go to jail. Which makes elections far more important.

Links aren’t important just sometimes people asks for articles.

https://www.npr.org/2023/05/04/1172530436/proud-boys-jan-6-sedition-trial-verdict

https://apnews.com/article/enrique-tarrio-capitol-riot-seditious-conspiracy-sentencing-da60222b3e1e54902db2bbbb219dc3fb#:~:text=WASHINGTON%20(AP)%20—%20Former%20Proud,for%20the%20U.S.%20Capitol%20attack.

https://www.amazon.com/10-Less-Democracy-Should-Elites/dp/1503603571

https://reason.com/2023/09/06/with-22-year-sentence-ex-proud-boys-leader-enrique-tarrio-pays-hefty-trial-penalty/

Edit: Focus on the punishments and any results from the severity. I used a certain frame to put it in their view. We don’t need to discuss election legitimacy again.

The argument that the election was inherently flawed because mail-in voting somehow violated the principle of a secret ballot doesn't hold water and is made in bad faith by those who didn't like the outcome in 2020. Mail-in voting has existed in various states for somewhere in the neighborhood of 20 years, absentee voting has existed for longer, and no one I'm aware of made the argument that it was inherently flawed prior to 2020. Indeed, as late as the fall of 2019 PA's mail-in voting bill sailed through the state legislature with unanimous Republican support.

Claiming that mail-ins are suddenly unconstitutional to the point that we need a redo is a convenient argument to make if your guy loses the election and you're grasping at straws for some excuse undo the result, but let's not pretend that this is an argument based on principle. Would you be making this argument if Trump won?

It's also telling that 2020 is apparently the only election they care about. No one was protesting the 2021 off year elections for local judges and clerks, no one was protesting the midterms, no one was protesting the various special elections that have been held over the past few years, and I doubt anyone will protest this year's elections. Hell, there doesn't even seem to be much of a legislative push in red states to completely do away with mail voting, or any serious court challenges raising the secret ballot issue. It all comes back to Trump—shit only matters when he's involved. The entire system is rigged against him and him alone. I've always thought he was a narcissist but at this point I can't really blame him giving the number of people who do act like the world revolves around him.

Being fair to the argument though, we’ve never ever come close to this scale of mail-in ballots, many of them actually turned in by third parties, many of them from people who had just signed up to vote that year. There was little if any vetting of who was voting, whether they’d already voted in person, whether this person lived at the address in question (some states simply mass sent ballots to addresses of known voters and there are numerous reports of people receiving an official ballot for people who no longer lived at that address) whether this person was legally able to vote, was of sound mind, and so on. Even if those ballots happened to just go to eligible voters, there was little done in most areas to confirm that the person who filled out the ballot was actually the person it was sent to.

With that level of not caring, the optimal move is to collect the ballots sent to hospitals and nursing homes where you can get hundreds of “valid” ballots sent to people who are incapable of voting. Nobody will check to see if the person should be voting, nor that the signature matches the handwriting of a 90 year old woman. Or you could offer to send on missent ballots to the right addresses (and then simply vote yourself.

In most other elections, the process for mail in voting was extremely limited. You had to apply at least 90 days before the election, you had to provide a reason why you can’t vote in person, and provide proof that you are who you say you are. And once the ballot was sent in, it was matched to your signature. If it didn’t match, the vote didn’t count.

I think the issue needs to be addressed simply because it’s a way to game the system. It can be used but it needs to be secure enough that both the government and the public can be sure that those votes came from the people who’s name is on the ballot, that the person is actually eligible to vote, and those people only voted one time.

Moving forward, yes I think it’s great to make some adjustments.

But looking backward, it is grossly insufficient to just point out theoretical or principle based concerns. You need at least some actual evidence. To my knowledge, very little if any evidence suggests that the theoretical vulnerabilities you list actually were abused.

Plus let’s assume maybe not a worst case but a bad case: that a lot of old people had people vote for them because of mail ballots. Of course that’s bad in general terms and in principle. Statistically, talking about the effect, that’s still not much of an issue though because non-coordinated fraud tends to average out, quite frankly, and it’s hard to conceive of reasonable mathematical margins that would plausibly have swung the national vote using that kind of casual fraud alone.

How does it make you feel that, on election night 2020, several swing states simultaneously stopped counting ballots? How does it make you feel that Stacey Abrams and Georgia Relublicans signed a "consent decree" so that they literally would not collect the kind of evidence we might consider? How do you feel about ballot chain of custody?

Election night is long and pauses in the pace of reporting those results isn't that odd. AFAIK, pretty much all the states counted continuously after starting the process, and did not takes breaks (example). In other words, that's a false claim.

The consent decree didn't lead to any substantive change in policies other than notification about signature matching, and I'm not concerned overmuch about chain of custody in the sense that people can often look and see if their ballot was accepted, plus any deliberate vote-changing associated with those concerns sound wildly implausible. In terms of ballot harvesting, etc. I definitely think there's some good room for stricter laws, though I don't necessarily think for example we need to be too worried about family or close friends agreeing to physically drop off sealed ballots at drop spots as a convenience thing. Campaign affiliated people doing it as some sort of service? Bad. Generic GOTV for example making it easier for seniors to vote? I think that's fine but could use a bit of supervision or auditing or something to avoid abuse, but possibly fine.