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Notes -
It's been a long time since we've discussed Trump, and there have been a number of developments in the court cases against him, and so I'm here to say that our long mottizan nightmare of peace and tranquility is finally over.
Florida
CNN: Federal judge indefinitely postpones Trump classified documents trial
Trump's trial in Florida over classified documents has been indefinitely postponed. (Jack Smith had requested it start the day after Trump's New York trial ended.) It turns out that new revelations made in documents Trump's lawyers requested have upended the case. CNN doesn't elaborate on what happened, for which I'll turn to this story:
Prosecutors admit key evidence in document case has been tampered with
It turns out that when the government alleged that Trump had classified documents he was not supposed to have, the government itself did not accurately know which documents Trump had, or which documents Trump was even supposed to have. Actually, worse than that, it turns out they fabricated some or all of the accusations. For instance, that famous picture of classified documents with cover sheets raided from Mar-a-Lago? It turns out those documents didn't have cover sheets, the FBI staged them before photographing, and they didn't even correctly label all of the documents they supposedly took:
The DOJ's Doctored Crime Scene Photo of Mar-a-Lago Raid
In order to prove Donald Trump had documents he wasn't supposed to have, the goverment took documents Trump had (that the NARA gave him in mislabeled boxes) and added cover sheets for photographs to them.
Whoops!
Judge Cannon has indefinitely postponed trial while Jack Smith's prosecutors work out answers to the questions posed by all these new revelations.
Georgia
CBS: Georgia appeals court will review decision that allowed Fani Willis to stay on Trump's Fulton County case
News-watchers will remember that, several months ago, it turned out that Fulton Prosecutor Fani Willis was hiring her secret lover to work on the Trump election fraud case. He was paid hundreds of thousands of dollars while they dated and went on vacations together, for which she insisted (without evidence) that she always paid him back. This posed a serious concern of misconduct and the risk that Fani Willis would be forced off the case entirely. After weeks of wrangling, Judge McAfee ruled that Willis could stay on the case, as long as Nathan Wade did not. Trump's team appealed the ruling, and now, the Georgia Appeals Court will hear the decision:
Re-hearing the Fani Willis conflict of interest decision might lead to a repeat of the earlier hearing, where Fani repeatedly shouted over the courtroom and judge:
Fiery DA Fani Willis loses it on lawyer during misconduct hearing: ‘Don’t be cute with me!’
[...[
So the question of prosecuting Trump over the 2020 election in Georgia will have to wait until it's determined how much of a liar the prosecuting DA might or might not have been.
New York
This trial is the juiciest of all, as it is currently in session in New York, with the judge threatening to have Trump locked up:
CBS: Trump held in contempt again for violating gag order as judge threatens jail time
Trump has promised, in interview and social media post, that he's willing to go to jail for exercising his First Amendment rights to criticize Judge Merchan, having said in April that it would be his "great honor" to go to jail for violating Merchan's gag order.
The issue really stems from Trump's accusations of political bias in the New York courtroom. The gag order was imposed after Trump attacked Merchan's daughter for working for Democratic fundraisers:
Dem clients of daughter of NY judge in Trump hush-money trial raised $93M off the case
Another such example is that one of Bragg's prosecutors working the case is Matthew Colangelo, who left the #3 position at DOJ under Merrick Garland to work the Trump case:
Daily Mail: REVEALED: New PROOF the anti-Trump prosecutor in hush money trial is a 'true believer' in Leftist 'lawfare'... as Matthew Colangelo is exposed for taking thousands of dollars from Democratic party
Judge Merchan himself, it turned out, donated (a small amount) to the Biden campaign:
Judge Juan Merchan, who is overseeing Trump case, donated to Biden campaign in 2020
The state is arguing, in effect, that Trump, by paying Stormy Daniels in 2017, falsified business records that should have rightfully been marked as a campaign contribution, and thus constituted a conspiracy to undermine the 2016 election. The count of falsifying business records is a misdemeanor under New York State Law, but can be elevated into a felony charge if the business records were falsified with the intent to commit another crime. Curiously, Alvin Bragg has alleged that Trump falsified business records to commit another crime, but has not charged him with committing any other crimes:
The New York Case Against Trump Relies on a 'Twisty' Legal Theory That Reeks of Desperation
Section 17-152 has never actually been prosecuted to this effect, so the case is entirely novel. New York is arguing, in effect, that Donald Trump engaged in a conspiracy to undermine the 2016 election by falsifying business records in 2017.
This case is a hot one as it is currently in trial, and will likely be resolved with a few weeks. The question of whether the jury can be unbiased in such conditions is ongoing.
I will omit Trump's last criminal court case, the January 6th case run out of DC, as it is currently pending on a Supreme Court decision as to whether Presidents can even be tried for official acts in the first place, which would throw the whole case back down to the lower courts to disentangle which of Trump's actions on January 6th constituted private action. It goes almost without saying that, if Trump were elected in 2024, he could have the authority to fire Jack Smith and derail both this case and the documents case in Florida.
Does it, though? Because I, for one, am not sure about that at all. Because, first, does a president have the authority to fire an A.U.S.A like Smith on paper? Second, even if a president does have that power in theory, well, how DC is supposed to work on paper and how it actually works are two distinct things, so is this a power the president has in reality, or merely on some musty old piece of paper nobody who matters cares about? (I here link this marginally relevant Substack piece from our dear @KulakRevolt.)
Third, and perhaps most important, even if a president has such a firing power in general, one could easily argue that in this situation Trump would not, because allowing him to use said otherwise-legitimate authority "to fire Jack Smith and derail both this case and the documents case in Florida" against him would so fatally-undermine basic justice and the rule of law that the very survival of Our Democracy demands the suspension of said authority until the cases are resolved, and that it be incumbent upon all to #Resist any attempt by Trump to remove Smith.
My personal expectation is that none of these things are going to matter — the system is going to find some way to push past all these roadblocks and keep these cases going.
It's definitely an open question. But I don't think it amounts to much. Trump can pardon himself, he can fire everyone involved he can get his hands on, he can declassify any and all documents involved, he could order the entire classification system revoked. If Congress is on his side, they can open investigations into the investigators, they can defund the offices involved. And even if Congress isn't on his side, they couldn't impeach him before and won't impeach him over this.
Anything could happen, but I find it very unlikely that Trump's enemies will really push (escalate) a Constitutional crisis over classified documents the public isn't even allowed to know the details of, especially given all the other issues with this case.
Again, I dispute this. If he says John Q. Bureaucrat is fired, but the rest of DC says Mr. Bureaucrat isn't fired; they still work with Mr. Bureaucrat when he comes into the office; payroll still issues Mr. Bureaucrat his paycheck; and they have the guy Trump appointed to replace John hauled out of the building and arrested for trespassing, because he doesn't work there, since the job he claims to hold is actually still held by Mr. Bureaucrat; and anyone who tries to remove Mr. Bureaucrat on orders from Trump gets arrested themselves by the FBI for attempting to obstruct a federal employee in the exercise of his duties, because Mr. Bureaucrat is still a federal employee… then has John Q. Bureaucrat really been fired?
And if everyone ignores him, and keeps treating them as classified anyway?
And if everyone ignores him, and keeps acting as if the system is still in place?
With what people? Who are they going to order to carry out these investigations? What if those people ignore that order? Or side with those they're "investigating" against Trump and Congress?
Government "shutdowns," where nothing shuts down and the executive branch continued to spend and disburse funds without the constitutionally-mandated Congressional authorization, say otherwise. What happens when Congress "defunds" the offices, and Treasury just ignores them and keeps issuing the offices their funds as before?
Why not? I don't understand why everyone seems to think a "Constitutional crisis" would be any kind of big deal. What would change, really?
If we try and you're wrong, then we win. If we try and you're right, then this creates common knowledge of the problem, which is useful for coordinating further escalation, which creates opportunities for an eventual win.
What's the alternative? If we don't fight, we definately lose. What's the argument that fighting and losing leads to worse outcomes than not fighting and losing? What's the outcome you're actually attempting to avoid, and how do your prescriptions actually lead to avoiding it?
Should Hirohito have surrendered before Hiroshima and Nagasaki? (Do you think Japan should have continued to fight on further?) The war was already lost well before that point; all continuing to fight did was get even more Japanese killed.
This would require a Red Tribe capable of coordinating, rather than being downright allergic to it. (This is a point David Z. Hines has been making for years now.) These are my friends, my family, my neighbors I'm talking about. They're never going to do anything. They'll grumble, and mutter about "2nd amendment solutions," but they'll bow down and comply. Let somebody else take the risk of resisting Federal tyranny. And don't come around expecting them to join up with you — they don't take no orders from nobody, y'hear?
About a year ago, I did some reading about historical counterinsurgency methods, particularly Rome. And, contra to Princess Leia's comment to Tarkin, crackdowns usually didn't generate greater resistance, they generated submission. When they did lead to "further escalation," it was generally only a single cycle — Rome's second crackdown usually got the job done. The only exception, with multiple cycles of escalation, was the Jews — and look how that turned out:
…
We are not the imperial Japanese, and the Blues are not 1940s America. Should the Russian Whites have surrendered meekly to the Reds? My read is no, but again, our situation isn't Whites vs Reds either. We are actually in a much better situation, against a much less ruthless enemy. We have not yet begun to fight, metaphorically or literally. There is no rational basis for despair in the current situation.
The Reds I see around me are evidently capable of considerable coordination. You should at least consider the possibility that your personal experiences do not generalize.
Your opinion is that I am a liar, because I have repeatedly stated that I believe that "2nd Amendment solutions" are both a possible and practical solution to the current situation, without providing details of how that would work. I've stated that I prefer being called a liar to providing those details, annoying as it is, because I'm still hoping the current push for peaceful defiance will work. But I will note that every time you initiate this argument, you claim that "2nd Amendment solutions" means hicks with AR15s in twos and threes attempting to fight the US government. I think you badly underestimate both the chances both of the hicks actually trying this and the possible effectiveness of the strategy if they do, but I believe I've stated a number of times that my understanding of "2nd Amendment solutions" does not consist of Red Tribers, singly or in numbers, fighting the government with their personal collections of small-arms. If that was the scenario I was expecting, I would be significantly less confident in success, though still not as pessimistic as you. But that is not, in fact, the scenario I think is likely, and my assessment of that scenario is not the source of my confidence. If the Blues find a genie that magically un-exists all guns in America, it would not materially change my estimate of our chances for overthrowing Blue Tribe. The Second Amendment and the firearms it is intended to protect are much, much more valuable as a coordination mechanism than for pure tactical advantage. The tactical advantages come from other vectors, vectors which neither you nor most others appear to have grasped. I think this is a good thing, because we might still be able to unwind this mess before people like you stumble across them, a whole lot of people die, and the lights probably go out for the forseeable future.
And the part I can't figure out is, what your actual position is. Let's say you're right about everything. I'm lying, and we have no chance. You appear to argue that the correct option is unilateral surrender, let the Blues do whatever they want, in the hope that they'll abuse us less. Is that correct?
We haven't begun to fight because we're never going to. Because we're not capable of it. Every time, this wasn't the hill to die on. Every time, it wasn't yet time. Every time, we've backed down and said "next time" or "someday." Because we're never dying on any hills, because it will never be time, because "someday" will never come. We've always backed down, and we're always going to back down.
Because anything more than those random hicks requires levels of organization of which we are not capable. (It's how one can tell all the sizable "militia groups" are Fed honeypot operations — they're simply too coordinated to be authentic. It's got to be undercover FBI doing all the organizing.)
Organization requires hierarchy, requires following directions from others; and we're talking about people who declare that "they don't take orders from anyone but Jesus." They boast about how if someone told us to breathe, we'd suffocate ourselves to death just to spite them. Who swear that no matter how dire things get, should anyone dare talk to them about organizing or coordinating or fighting together — even if they've been a friend for decades — that automatically makes that person "the Enemy" and they will shoot them dead on the spot.
How are you going to get that guy to join up? How are you going to get him to follow directions, to coordinate his actions with yours, to not immediately go off and do his own "Lone wolf" thing?
As for your "other vectors," I suspect you're talking about infrastructure vulnerabilities. Those are a bit easier to do with a smaller group, but from what I've seen from investigating the issue, it's still more coordination than anyone I know is capable of.
Yes. At the very least, I want people to accept the war was lost long ago, and there's nothing we can do about it now (if not going further, to "accept we're utterly doomed and LDAR," or even "spare ourselves the worst of the horrors to come by taking The Exit early," but I get that most are too religious to consider that).
Speak for yourself. Maybe that is the way you are. Maybe that is the way the people around you are. It is not the way I am, and it is not the way the people around me are. There's a decent argument that Rittenhouse single-handedly ended the Floyd riots, and he survived the Blues' attempts to crush him for it, and the attempts to crush him appear to me to have been costly for the Blues. They attempted to crush Kavanaugh, and failed. Gun owners refuse to comply with state and federal laws, and they get away with it. This is exactly the sort of coordination you and @The_Nybbler consistently claim doesn't exist, because you are both so black-pilled that you refuse to accept contrary evidence.
Abbott defying Biden on the border requires significant organization. Gun owners refusing to comply with registration requires coordination. But in fact, you are fundamentally wrong about the level of coordination required to destroy our present society. The amount of organization required is effectively zero. It can be done with individuals alone.
Meanwhile, in the real world, Red Tribers coordinate on all sorts of things, from defying law to purging the Republican party.
Infrastructure vulnerabilities are a significant part of why I think small bands of hicks with rifles have a better chance than you allow. To my knowledge, they never did find the guys who shot up that substation, and that is an example of an attack that can be effectively carried out by one person alone.
In any case, no, I am not talking about infrastructure vulnerabilities.
This is what I don't get. If we've already lost and the best thing we can do is to kill ourselves and spare ourselves the worst of the horrors to come, why are the horrors to come horrors? You don't appear to believe in God, so once you're dead that's it, and none of this actually matters in the end. Even fighting, it really is not that hard to make sure you aren't taken alive, and then the horror is over. If you're right, we fight and they crush us, and this is worse... why? We're already doomed, no? What benefit is derived from quiet surrender? You already hate your life and want to die; how does surrendering to the blues improve any part of your situation? Why do you care about this question at all?
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And you never will.
Your enemy holds the bureaucracy. They hold the media. They hold the vast majority of the corporations. They hold an even more complete majority of educational institutions. They hold Federal law enforcement and state law enforcement in many states. And of course all big city law enforcement. Your tribe has paths for exit but no paths for entrance -- you may birth more young people but they end up rejecting you under the influence of the institutions. Immigrants may not join the other tribe but they vote for their party, and so do their children.
And most of your tribe respects all of those institutions despite their obvious capture. They can cynically ignore all the rules, all the laws, everything, to go after one of yours, and when the verdict comes in, your tribe will accept it. Ask Alex Jones or Rudy Giuliani. When Trump is duly convicted in New York Kangaroo Court, a large number of your people will say "Well, the jury had more information than I do, so he must be guilty" or similar rationalizations to trust the institutions. Because the very idea that the institutions are utterly corrupt and should be defied is anti-conservative.
That is the rational basis for despair.
Abbott and DeSantis are coordinating open defiance to the bureaucracy. Maybe they'll lose, but they haven't yet. The Bureaucracy tried to put Rittenhouse in a cell for the rest of his life, and he's a free man. The Bureaucracy is losing the fight on gun control, and they are losing it permanently.
The media are losing their influence, and in many cases their ability to even keep their doors open due to their entire business model going extinct.
And they are destroying those corporations, in a way that's pretty impossible to hide.
And yet, those agencies can and have been successfully defied, and they can and have fought and lost.
And those cities continue to decay.
They don't actually have a plan. They have a scam that works when we endlessly cooperate with it, and that falls apart if we simply and consistently defect. We are currently organizing that defection, and it is delivering tangible results. Your predictions have been consistent for some time, and increasingly they are being falsified by the actual outcomes. Your prediction was that Abbott would not be able to defy Biden on the border, but he did. Your prediction, I think, would be that Republicans would "compromise" and vote for the border bill, but we didn't. Resistance is not costless, but the costs can and are being borne.
Time will tell.
Too much of my tribe does, it's true, but less and less each day, and the more we push resistance, the more obvious the problems with the system become and the less my tribe respects it.
This is a prediction. Let's see how it goes.
To the extent that this is true, it seems to me that Conservatism is on the way out. Again, Abbott and DeSantis seem to be going for open defiance. The gun culture is definately going for open defiance. Trump's supporters are going for open defiance. Maybe you're right and it will all fizzle out, but that does not appear to me to be the trajectory we're on.
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