Racism, Arrogance Against Election Integrity

In the aftermath of the 2020 election confusions in Georgia (both general and runoff), that State passed its Election Integrity Act that, among other things, shortened Georgia’s early voting period from nine weeks to four, reduced the window for mail-in ballots, and moved the deadline for registering to vote to 29 days before an election.

The Sixth Dist. of the Afr. Methodist Episcopal Church, the Ga. State Conf. of the NAACP, and The Concerned Black Clergy of Metro. Atlanta Inc., joined by the Federal government’s DoJ, sued to strike the law as voter suppressing—the stricter voting period unfairly discriminates against Black voters, among other complaints.

This was a nakedly racist suit that used a manufactured racism beef as the core of their argument. Federal District Judge JP Boulee issued a preliminary injunction upholding the law. With particular reference to the Act’s runoff requirements, he wrote,

Plaintiffs presented evidence that Black voters are more likely to vote early. Plaintiffs did not present any evidence, however, which would show why Black voters would disproportionately struggle to vote during the new early voting period

And [emphasis added]

In short…the Court is not persuaded that evidence showing that black voters use early voting more often is sufficient to show that the Runoff Provisions, which shorten the early voting period, will have a disparate impact on black voters. In other words, without more, generalized evidence related to the use of early voting is not sufficient to automatically show that this particular provision, which pertains to one aspect of runoff elections, is discriminatory.

And

Plaintiffs have failed to meet their burden to show that the Runoff Provisions have a disparate impact on black voters. Indeed, Plaintiffs failed to show that eliminating the registration period before a runoff election disproportionately impacts black people. Plaintiffs also failed to show that reducing the early voting period and not mandating weekend voting has a disparate impact. The Court thus weighs this factor in favor of Defendants and against a discriminatory purpose finding.

“Plaintiffs” just expected their unsubstantiated claim to be taken as dispositive fact. Their arrogance runs as deep as their racism.

Regarding the specific question of Plaintiffs not getting their preferred way, Boulee noted the 11th Circuit’s precedent, binding on his court (the 11th Circuit includes Georgia):

The Court acknowledges that the Legislature did not include the alternative option that Plaintiffs would have preferred [a one- or two-week longer voter registration period]. Importantly, the Eleventh Circuit has held that the failure to “‘include the alternative option[s] that Plaintiffs would have preferred’ is not evidence of discriminatory intent.”

That’s the arrogance of Plaintiffs being handled.

The dishonest nature of the plaintiff’s beef is illustrated in Footnote 6 of the Boulee’s ruling [emphasis added, cites omitted]:

6 As to the other named organizations, the Court is not convinced that Plaintiffs established an injury based on a diversion of resources. By way of example, Plaintiffs argued that “[i]t is false that Common Cause ‘says nothing about runoffs,’ . . . Common Cause testified about its voter participation efforts in both the ‘2020 Primary and Runoff election cycles.'” A close look at Plaintiffs’ evidence, however, does not show that Common Cause diverted its resources to counteract the Runoff Provisions. Instead, Common Cause’s representative stated that “[a]s part of the organization’s voter participation efforts, Common Cause GA provided free personal protective equipment (PPE), food, and water to persons, including voters, at or around polling sites, in Fulton County during the 2020 Primary and Runoff election cycles.” Simply put, the fact that Common Cause elected to give out water and other gifts during a runoff election does not show that it diverted resources away from its ordinary activities to counteract the Runoff Provisions.

These plaintiffs, their judgments clouded by their racism and arrogance, are just making things up and claiming them to be true without even a pretense of substantiation.

The judge’s ruling can be read here.

Maybe the Judge Isn’t Entirely Correct

A Florida man was charged by the Feds for possessing a firearm in a US Post Office facility. A Federal district judge ruled the law governing his arrest to be unconstitutional.

US District Judge Kathryn Kimball Mizelle, an appointee of former President Trump, cited a 2022 landmark US Supreme Court decision that expanded gun rights when she handed down her ruling Friday that dismissed part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.

So far, so good. But:

[T]he judge declined to dismiss a separate charge for forcibly resisting arrest.

The “forcible resistance” consisted of the man running when Federal agents tried to “detain” him. This is where I have a problem. I don’t see anything wrong with resisting arrest when the arrest is pursuant to a non-law, a law that is unconstitutional. The charge itself was legitimate, since the agents, in good faith, were trying to arrest him, and he ran (notice that: he ran, he did not fight); however, once the underlying law was ruled unconstitutional, the arrest pursuant to it became illegitimate, and the charge of resisting that arrest should have been dismissed.

Immigration TBD Notices

The Supreme Court is considering a case involving an illegal alien who was…paroled…into the US on his promise to appear in court for his asylum hearing on the specified date, which was named as TBD on his release/parole paper. Later, when a date came open, the illegal alien was emailed his date certain, and when he didn’t appear, he was tracked down, arrested, and is in deportation hearing status. The illegal alien claims he never got the emailed notice, and his case has wound up before the Supremes.

The government’s position is that the two-step notice—replacing “TBD” with a specific date via a later correspondence—is perfectly fine, noting the “thousands” of illegals who do show up on the date appointed via the second correspondence, and noting also how unfair it would be to them for the Court to void the system. The illegal alien’s position is that the two-step notice doesn’t fit the statute.

My beef is not with the arguments themselves, but with the Biden administration’s couching of its position. Biden’s Assistant Solicitor General Charles McCloud, who is making the argument before the court, is threatening the Court if they don’t rule Biden’s way. McCloud:

We are very concerned that those hundreds of thousands of cases could be injected back into the immigration system.
So…that already substantial increase we have seen is going to turn into an avalanche.

I have two problems with that. First, convenience to the government is not a valid criterion with which to decide whether to follow the law. Name the date in the first place rather than the shortcut of TBD. If the government can’t meet the schedule, that’s when a second notice would be useful. Follow the law is the uncaveated requirement for government officials. Government convenience is irrelevant.

Second is the claimed need to refile immigration cases against illegal aliens, with that leading to an avalanche of cases. The “avalanche” business is risible on its face. It’s only necessary to see the rate at which illegal aliens already (don’t) appear for their clearly stated court dates (those claimed thousands who do appear are against the millions of illegal aliens, just during the present administration, who are “paroled” into our nation with future dates who have not appeared) to see that no avalanche will occur. The only hard work would be to fill out the standard forms giving notice of failure to appear and tasking the relevant police authorities with tracking down the missing illegal aliens and haling them in to a deportation court.

That last is a work load that never would have occurred and wouldn’t be necessary today, had this administration and too many prior ones not skipped that last step, and had this administration actually kept our border secure, a failure that has only made the enforcement side of the problem worse. And that brings us back to my prior point about convenience to the government.

An Extortion Lawsuit

Lawyer Anthony Russo of the Florida-based Russo Firm, says his client Cynthia Kelly and “not less than 100” and perhaps even “thousands” of others have suffered horrific emotional damage.

It seems that seasonal versions of Hershey’s Reese’s chocolate-covered peanut butter candies variously depicted pumpkin shapes with the candy’s peanut butter filling showing through eyes and a mouth carved into the chocolate or football shapes with laces similarly carved. On unpeeling the wrapper, though, shocker of shockers, the chocolate coverings were intact. The bodice-ripping. The emotional rending, the fall-to-the-floor sobbing paroxisms (I exaggerate, but not by much). Lawyer Russo is suing Hershey over the riptide of emotion the nefarious company has so callously caused.

However.

Omitted in this editorial is that the Reese’s packaging also depicts a bite already taken out of the candy, exposing the peanut butter filling inside the chocolate coating—and that that depiction has been there for years.

Did the “plaintiffs” not expect to unwrap this candy and see a bite actually already taken?

Not only should the plaintiffs be sharply sanctioned for this frivolous suit, the lawyer bringing it and the firm employing him (yes, it’s his firm, but still, the firm) should be especially sharply sanctioned for being a party to this frivolous suit. Lawyers, especially, should know better.

Hershey should refuse to settle and instead crushingly defeat the lawyer and plaintiffs in open court, taking no prisoners. Let it not be over quickly, the plaintiffs and lawyer will not enjoy it, and Hershey is not their patsy. $5 million or more that the plaintiffs want and of which Russo wants his cut? Sounds about right to me. That’s what the plaintiffs, the lawyer, and the law firm should be required to pay Hershey.

Wrist Slaps and Unequal Justice

Navy sailor Petty Officer Wenheng Zhao was caught passing classified information concerning an Okinawa radar system, along with plans for a large-scale maritime training exercise in the Pacific theatre, to a spy for the People’s Republic of China. [OPSEC note: the exercise plans would allow, among other things, the PRC to watch the radar system in action during the exercise.] Zhao has been sentenced to 27 months in prison. A whole 27 months. A wrist slap.

Meanwhile, the 6 January rioters—those who have actually had trials three years(!) after the event and whose trials have actually run to completion—have been sentenced to 3-6 years, and some have been sentenced to as many as 20 years.

Meanwhile meanwhile, insurrectionists rioters in Portland and Seattle have, in the main, gone wholly uncharged at all, with a few scapegoats getting a few months.

It’s long past time to clean out the DoJ, from top to bottom, including the FBI. In parallel with that, it’s long past time to clean up our sentencing laws and sentencing guidelines.

If a Navy traitor can get off with a wrist slap, so, too, should the rioters at Capital Hill. That precedent was set prior to Zhao’s case, with those “rioters” who seized Seattle territory, drove out the Seattle government, and held the territory for weeks getting off with wrist slaps or going scot-free, and with those “rioters” in Portland who attacked and tried, for weeks, to burn down a Federal building with Federal government security personnel inside also getting off with wrist slaps or going scot-free.

Alternatively, the Navy traitor should have gotten tens of years in jail, even a life sentence. The 6 January rioters—a truly mostly peaceful affair, just noisy and boisterous (the only true violence was a security officer shooting one of the rioters and a security officer getting bashed over the head by a rioter using a fire extinguisher)—should have gotten off with sentences for the trespass they were committing, and the occasional petty theft they were committing in their souvenir hunting. The insurrectionists in Seattle and Portland should have gotten intermediate sentences in the fives of years in jail range.

It’s long past time to clean out the DoJ, from top to bottom, including the FBI. In parallel with that, it’s long past time to clean up our sentencing laws and sentencing guidelines. Whether or not you, dear reader, agree with my sentencing suggestions for these particular cases, the rules need to be adjusted to produce truly similar sentences for substantially similar actions, and—especially—existing personnel completely replaced with those who actually will apply and enforce the rules.