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domain:firsttoilthenthegrave.substack.com

Tagging @zeke5123a since this response also applies to his comment from yesterday that I didn't get a chance to respond to.

You're confusing mistake of fact with impossibility. Mistake of fact is a defense that obviates some element of the crime, the classic example being the theft of property one wrongly believes to be his own. If I take a coat similar to mine from a coat room at a bar because I thought it was mine, I can use mistake of fact as a defense because I haven't formed the sufficient mens rea. Factual impossibility, on the other hand, is generally not a defense but the opportunity to even raise it is so rare that it's not really a huge issue. The hypothetical I gave doesn't involve impossibility, though, because the conduct doesn't amount to attempted murder. There's no generally recognized point at which mere preparation becomes attempt, but it's but it's basically hornbook law that lying in wait or looking for the intended victim don't rise to that level. Cases involving this test usually focus on things like whether the bullet you fired had a realistic chance of hitting the target, which is well beyond what I presented.

The reason I presented that specific fact pattern is that it illustrates a point I'm trying to get — the intent requirements of some crimes don't require you to prove those other crimes. The crime of burglary developed at common law specifically because the act of breaking into someone's home did not in and of itself rise to the level of attempt, but the courts agreed that it was still a crime. So when New York law prohibits anyone from falsifying business records with the intent of concealing another crime, whether or not you can prove that he committed another crime isn't important. Whether or not you can even specifically identify that other crime isn't important. With respect to crimes like this, there's a certain res ipsa loquitur aspect where the mere commission of the act is evidence of intent in and of itself; if a defendant is found having broken into a jewelry store with his face concealed and in possession of burglary tools, the prosecution usually doesn't have to go any further than that to show intent. They don't have to — what some are suggesting would be required in Trump's case — give extrinsic evidence showing that the defendant broke into the building specifically to steal jewelry.

The fact that Trump may not have violated election law is therefore irrelevant. The fact that the prosecution couldn't demonstrate the very specific scienter requirements required to prove an election law violation are also irrelevant. Trump wasn't charged with violating election law. The elements of the crime he was charged with are independent of the elements of the crime he is alleged to have concealed. You may not like this, or think the DA is stretching the law, but that's just The Way It Is, and it's been that way for a very long time. If you're looking for an appellate court to overturn the conviction because you disagree with one or another of the principles involved, that's fine, but even as someone who's broadly liberal I don't know if I'd welcome that, as it would give the Warren Court a run for its money on how defendant-friendly it is.

Give it a week and we'll have new polling that shows if this event moved opinions at all. Hopefully they ask specifically about whether the verdict changed their opinion and in what direction so we don't miss one direction of movement being netted out by another.

You’ve ignored the mixed motives question which is the whole ball of wax here.

Now, put this in the context of the NY trial. We have at best for the prosecution a very murky federal law. We also have a murky NY law (are we sure unlawful means federally unlawful).

The prosecution offered zero evidence that Trump was thinking of either law let alone that Trump thought he was breaking either law and that hiding these internal records would help hide this alleged crime. Moreover, there is a standard in law that criminal statutes cannot apply if they are overly vague. When the FEC cannot agree on what the law is, then it surely cannot form the basis of a criminal conviction for state law purposes.

It's possible, but you have to be cautious of the LLMs accuracy.

Most publications outside of research don't include an abstract.

I've wanted to talk about AI music for a while. It's decent for the certain types of music, specifically pop songs with simple voice leading and harmony. When asking for specific instrumentation or a specific musical style it seems to fail pretty bad. For example, if I wanted specific instrumentation for a chamber piece, it's currently impossible for it to create a string quartet in the style of Brahms. Al 'classical' generations are psudo-orchestral works similar to the most generic Marval movie anthems, not like the incredibly nuanced creations of Stravinsky, Messiaen, or Bach where each musical line matters. It adheres strictly to conventional tonality no matter how much you try to prompt your way into serialism, asymmetrical rhythm, jazz, etc. Much like previous AI music it really avoids key changes and any more complex musical ideas.

Does AI Djent? A decent bit, to be honest. But does it Stravinsky? We're a long ways off.

Is your timeline (14 days) set in stone?

Hunter Biden had the DOJ doing everything they could to ward off actual crime (he clearly inter alia committed knowing tax fraud). It was so unusual we had IRS whistleblowers. The senator from NJ basically was getting bribed by a foreign government.

These are real crimes; not fake ones.

What advice could you offer to a traveler inexperienced with Japanese cuisine?

Ehh the focus has been very heavily on “this is wrong” and not “Trump’s atty did a bad job.”

The WSJ piece is from their news section which is quite progressive. The opinion section is not forgiving this show trial.

It feels like they were mocking the Midwestern amerikaner with this one.

That was the point.

Mostly because he doesn't think that laws apply to him in the way they do to little people.

They don't, actually, because these charges have never been used against anybody before in the history of the world.

Working link at here

I do this on my weekly Wednesday posts too so that people can skip stuff that they find boring to begin with.

Didn't know you were Russian. I prefer 2x or 1.5x for podcast.

He's just too old at this point. I liked his old music because it was funny and relatable since he was in his early 20s. Hasn't been the same since for me at least.

I read a book once where the start of each chapter listed the contents of every paragraph. It was fantastic.

Elaborate

You can find a collection of them here (https://attachmentrepair.com/meditation-library/?_sft_techniques=perfect-nurturer-reinforcement).

The perfect nurturer meditation is an attachment theory associated visualization technique to facilitate secure attachment by reparenting yourself through some combination of imagining an ideal "parent" figure and applying their guidance and care to memories or composite memories (applying some form of emotional memory reconsolidation in the process).

My first trip.

Rough details are as follows.

  • Visiting with a friend. Both of us are 25M. Both of us first time.
  • We want more modernity than traditional.
  • Budget is around 3k-4k USD.

Here's a rough outline that I came up with, obviously its really sparse and needs a lot of refinement.

https://imgur.com/a/gS3ihdm

Sorry about that--there's apparently some weird technical issue with it. It's still visible on Gaashk's profile page, fortunately, and I will also reproduce it here:

Grew up in a very trad wife centric Christian homeschool subculture. It mostly didn't work out. Mostly, we had to get jobs. It isn't trivially easy to find a man who's prepared to be a husband, father, and primary earner fairly young, willing to ask girls out, often at venues like church functions, and interested in those girls. There are some, sure, and some families were formed that way. But now in our late 30s, I'm hearing about even some of the women who did marry a traditional head of household man divorcing, because he's pushy, unpleasant, domineering, and re-training as a nurse or something, now with several children.

Marriages don't have to rise to the level of beating to be worse than working a lower middle class female job. If my now husband hadn't kept inviting me on romantic dates at ancient castles, I would still be basically content with being single, because being a single woman in the modern world is really just fine, with a long educated Anglophone tradition full of slightly lonely but basically fine governesses and nuns. Even at the standards of a century ago, I would certainly rather be a nun than marry a man I didn't like, of whom people said "well at least he doesn't beat you, just have more grit."

I am not a feminist by current standards. My grandmothers and great grandmothers went to teaching colleges, and followed their husbands around the world while they translated Mayan carvings or something, and returned to teaching when their children where older. They kept copies of Virginia Woolf in their houses. There are great grandmothers I don't know much about, because their children ran away from home (and first marriages, I think?) and met up on a Pacific island, and then went on to have those 3-4 kids together, and raise them while teaching. I don't know how to evaluate the alternate universe where everyone had more grit, sticking out their first marriage on some frozen windswept cattle ranch.

Much is made of the state of family formation in Asia lately. Chinese great grandmothers probably had too much grit, breaking their daughters' feet to help their marriage prospects. I don't know how things were for the great grandmothers of the current generation of South Korean women -- the educational issues there sound like an excess of grit -- everyone could just not cram that extra hour, and things would likely be just the same, but slightly more pleasant. It sounds very zero sum after a pretty baseline educational level and some research skills.

Anyway, I'm pregnant with a third baby because I don't think being not particularly successful in America is that bad, actually. Probably none of my kids will go to an unusually excellent college or have an unusually excellent job or win at a high level competition, and that's alright. Someone came in to my classroom today to say that she's pleased that her daughter is shift manager at a Starbucks and leading literacy tutoring over the summer. This is good! People should be able to be pleased with their children living normal, functional lives!

Ukraine

I don't know how deliberate this is (probably not very, just a natural consequence of doing as little as possible to keep Ukraine alive), but it looks like the plan is to keep Russia busy as long as possible, to keep Putin thinking that victory is just around the corner, he just has to endure a dozen more attacks on oil refineries, maybe shoot down a few F-16s, power through another round of sanctions, maybe conduct another mobilization and then he'll be in Kiev by Christmas. The plan is definitely not about helping Ukraine regain its territory quickly and decisively.

We're aware, sadly it's the kind of issue that requires backend fiddling by Zorba with the code base.

The idea here is because Cohen made the payoff to Daniels, that when Trump re-imburses Cohen he has to take into account Cohen's subjective belief made at the time Cohen paid off Daniels; if Cohen thought it was personal, Trump has to pay from personal funds. If Cohen thought it was campaign, Trump has to pay from campaign funds.

Of course this is ridiculous, as is the idea that writing "legal expenses" on a check for money paid to a lawyer who served as an intermediary in a deal is "falsification of business records". It's very imprecise, of course. However, these conclusions have now been laundered through a jury and can no longer be further examined by higher courts.

what the heck does Israel do about it?

You punish them, like any other state should. Failure to punish is complicity.

More generally, how can a state recover when a substantial minority refuses to go along with its orders

Punishment will continue until morality improves. They can implement mandatory educstional curricula that aims to dismantle notions of Jewish supremacy. Failure to do this is evidence of complicity.