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erronis

erronis's Journal
erronis's Journal
May 13, 2025

What Happens If He Defies The Supremes? -- Digby

https://digbysblog.net/2025/05/13/what-happens-if-he-defies-the-supremes/

This piece by Noah Feldman in the NYRB discusses the legitimacy of the court and exhorts liberals and conservatives alike to refrain from degrading its reputation since it’s all we’ve got if we want to preserve democracy. (It’s thought provoking, to say the least, although I find it hard to agree with the notion that holding the court to some kind of ethical standards equals President Trump calling judges communists and blatantly defying the rule of law.)

He’s a liberal who disagrees with many of the Court’s decisions but he holds out hope that they will adhere to the founders vision for the court, who he says saw its primary function was to simply protect the rule of law.

His conclusion:

The chief justice is right to be concerned about Trump’s antijudicial language, which points to the most serious danger that may lie ahead: the administration’s overt defiance of a judicial order. This would amount to denying that the courts have the final authority in the interpretation and application of federal law.

If such an overt defiance were to occur, the courts have some measures available to them, but they may in practice be of limited utility against a determined executive branch. In the event of a judicial finding that an official who knowingly violated a court order was guilty of criminal contempt of court, the official might be pardoned by the president. A civil contempt finding could impose monetary fines on an official, and in theory a court could order the official detained until payment is made. But the arrest would ordinarily be made by the US Marshals, part of the executive branch and housed in the Department of Justice, and they might be directed by Trump not to cooperate with the judiciary. The courts could potentially direct some other person to enforce their orders against an employee of the executive branch. But if Trump were to direct other executive branch personnel to protect the official held in civil contempt, it seems unlikely that a third party could coerce the official into court-ordered custody.

A situation like this, in which a court ordered the Trump administration to act and it flatly refused, would almost certainly qualify as a genuine constitutional crisis. The term “constitutional crisis” is descriptive, not legal. No official definition appears in the Constitution or federal law or Supreme Court precedent. I define a constitutional crisis as a situation in which the Constitution does not provide a clear, definitive answer to a basic problem of governance and the political figures in conflict are ready to press their competing courses of action to the limit.2

The classic American example was Richard Nixon’s refusal to honor parts of the subpoenas served on him for the Watergate tapes.

In such situations, no one can say for certain what the outcome will be. A compromise may resolve the crisis, or one of the two sides may prevail. Congress impeached Nixon, charging him with ignoring the order, among other high crimes and misdemeanors. He turned over some parts of the tapes but not others and subsequently resigned. That outcome seems vanishingly unlikely in any conflict between Trump and the courts.

If Trump were to prevail in a confrontation with the courts, it would be devastating to the rule of law. Perhaps some members of the public would protest. But it is hard to imagine that affecting Trump’s course of action. People in other countries might express shock and condemnation, but again, Trump seems unlikely to care. One would think, indeed hope, that the markets would respond with serious concern. The rule of law protects not only persons but property. Yet it is also conceivable that the markets might think Trump’s (still hypothetical) disobedience would be restricted to noneconomic matters and remain unmoved. After all, markets function even in many autocratic countries. And partial rule of law, restricted to economic matters, is not unknown in the world, historically or today.

If the courts were to prevail, and Trump bowed to their pressure with respect to a given order but remained in office, he might pay very little price. His opponents already see him as a potential dictator. His supporters might not care about his disobedience, especially if he backed down. Trump may have little to lose in experimenting with disobeying judicial orders, even if he precipitates a crisis. As Alexander Hamilton famously observed, the judiciary “has no influence over either the sword or the purse…and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” That means, ultimately, that the Supreme Court needs the president to believe, or at least to act as though he believes, that violating its interpretation of the law would break the constitutional order. Like it or not, the legitimacy of the Supreme Court is now the most important bulwark of our delicate constitutional democracy.


For some reason that doesn’t make me feel any better. Our norms have eroded so completely that I think half the country (and all of the Republican establishment) no longer believes in any of this and Donald Trump is clearly losing any inhibitions he might had had about respectability, which is what this comes down to. And that’s assuming the court does the right thing in the first place. There’s a very good chance that rather than put this to the test, they will give Trump what he wants in order to preserve a pretense of their own relevance.

I wish I was more optimistic about this but … sigh.
May 13, 2025

Cancer Town - Louisiana: controversial Denka plant suspends production after dire losses

https://www.theguardian.com/us-news/2025/may/13/louisiana-denka-plant-cancer-alley

Chemical plant linked to air pollution and cancer risks in majority-Black region ‘exploring all options for the future’

A controversial chemical plant in the centre of Louisiana’s “Cancer Alley” region has indefinitely suspended all production following dire financial results, the facility’s operators announced on Tuesday.

The Denka Performance Elastomer plant in St John Parish has long been associated with chronic air pollution issues and was the subject of a years-long Guardian reporting series examining the disproportionate cancer risk rates experienced by the majority-Black fence-line communities that surround the facility.

. . .

The fence-line community’s fight for clean air has become a national and international environmental justice clarion call, prompting a number of interventions from the Biden administration. These included the introduction of a new rule governing emissions on the plant’s primary pollutant, a likely human carcinogen named chloroprene, and a US justice department lawsuit seeking to compel Denka to lower its pollution.

. . .

Still, the company said in a statement that it had endured “extraordinary loss in its financial results” for the last year amounting to a 16.1bn yen (roughly $109m) in losses. Although citing a decline in global demand, the company also blamed the uncertainty caused by increased regulation under Joe Biden for its facility’s financial collapse in America.

The Guardian has revealed how the plant’s former owners, US chemicals giant DuPont, sought to sell the facility in 2015 in a secretive deal after citing concerns about potential environmental regulation and its impact on profit margins. DuPont allegedly withheld information about these concerns before selling to Denka.

. . .
May 13, 2025

Qatar's $400M jet for Trump is a gold-plated security nightmare -- The Register

https://www.theregister.com/2025/05/13/presidents_trump_747_qatar/

Air Force Dumb

A lot of interesting details on how the qatari "gift" would need to be handled to be as safe as the current AF1. It ain't no gift.

The Trump administration is set to accept a $400 million luxury 747-8 from the royal family of Qatar – a lavish "palace in the sky" meant as a temporary Air Force One. But getting it up to presidential security standards could take years and cost hundreds of millions more.

Technically, any US Air Force aircraft carrying the president is designated "Air Force One" by air traffic control. Biden even took a train informally dubbed "Rail Force One." For long-haul flights, presidents have relied on one of two VC-25As - heavily modified Boeing 747-200Bs - since 1990.

. . .

What Makes Air Force One, Air Force One

The current VC-25s aren't just repainted 747s. They're a pair of flying fortresses that must be capable of allowing the president to run the country, survive wartime conditions (even nuclear), and be totally secure from outside influence or intrusion.

While the precise details of the current airframe are a tightly guarded secret, some details are included on government fact sheets or have been revealed in various media reports. For a start, it must have an in-flight refueling capability so the president can go anywhere in the world and stay up as long as needed. Retrofitting this to an existing 747 would be very expensive, as the feds would need to strengthen portions of the hull to handle the refueling system and reconfigure the fuel tanks to handle trim issues.

Then there's the hull, which is known to be armored, and the windows are also thicker than you'd find on a normal flight. The government would also need to build in weapons systems like the chaff rockets used against radar-guided missiles, flares against heat seekers, and AN/ALQ-204 Matador Infrared Countermeasure systems, or similar to try and confuse incoming missiles.

Next up, the engines and electrical systems would have to be replaced. The electronics in the current VC-25s are hardened as much as possible against an electromagnetic pulse that would be generated by a nuclear detonation. There are also claims that the aircraft have extra shielding in the engines to help against missile fragments should a physical attack happen.

Next up are communications. Air Force One has air-to-ground, air-to-air, and satellite comms systems that are thought to be the equal of what's in the White House. There are at least two separate internal phone systems - one open and the other highly secure - that would need to be installed and checked as well.

. . .


King Mongkut of Siam: Et cetera, et cetera, et cetera!

Update: Adding https://www.twz.com/air/turning-qatars-gifted-747-into-air-force-one-will-be-anything-but-free from the comments.
May 13, 2025

Brain activity of slumbering bees may inform human sleep and memory disorders

https://phys.org/news/2025-05-brain-slumbering-bees-human-memory.html



So different, yet so alike. Through pollination, bees play an important role in the ecosystem, affecting the life cycle of plants, biodiversity and agricultural production. Their presence goes hand in hand with human activity.

Now, a study at the University of Trento suggests an even deeper connection. What happens in the brains of these insects during sleep turns out to be not so different from what occurs in the human brain when we sleep. In other words, sleep appears to carry the same "signature" at the neuronal level.

These findings are detailed in the article "Neuronal correlates of sleep in honey bees," now published in the journal Neural Networks.

. . .

"We have shown that, in resting states, the brain networks of bees switch to a synchronized and reduced information processing mode, similar to what happens in mammals. Using computational simulations of the brain, we identified how the neural network and its connections change during sleep.
May 13, 2025

Versatile fungi-based living material is tear-resistant and can even be safely eaten

https://phys.org/news/2025-05-versatile-fungi-based-material-resistant.html



Sustainably produced, biodegradable materials are an important focus of modern materials science. However, when working with natural materials such as cellulose, lignin or chitin, researchers face a trade-off. Although these substances are biodegradable in their pure form, they are often not ideal when it comes to performance. Chemical processing steps can be used to make them stronger, more resistant or more supple—but in doing so, their sustainability is often compromised.

Empa researchers from the Cellulose and Wood Materials laboratory have now developed a bio-based material that cleverly avoids this compromise. Not only is it completely biodegradable, it is also tear-resistant and has versatile functional properties. All this takes place with minimal processing steps and without chemicals—you can even eat it. Its secret: It's alive.

The study is published in the journal Advanced Materials.

Optimized by nature

As the basis for their novel material, the researchers used the mycelium of the split-gill mushroom, a widespread edible fungus that grows on dead wood. Mycelia are root-like filamentous fungal structures that are already being actively researched as potential sources of materials. Normally, the mycelial fibers—known as hyphae—are cleaned, and chemically processed if necessary, which brings about the above-mentioned trade-off between performance and sustainability.

The Empa researchers chose a different approach. Instead of treating the mycelium, they use it as a whole. As it grows, the fungus not only forms hyphae, but also a so-called extracellular matrix: a network of various fiber-like macromolecules, proteins and other biological substances that the living cells secrete.

. . .
May 13, 2025

Dominance Theater -- Tom Sullivan

https://digbysblog.net/2025/05/13/dominance-theater/

Trump threatens. Then he backs down.


Donald Trump isn’t a real successful businessman. He’s a reality show facsimile. New Yorkers knew that about him even before Mark Burnett invented him for “The Apprentice.”

What Trump is running out of the Oval Office is the world’s most blatantly obvious and lucative grift. One thing that is true about Trump besides his being a con man: he’s not a real tough guy either.

Jonathan Chait discusses how predictably Trump backs down from his threats when confronted or ignored. His bluster is all for show, as phony as his gilt and his “deals”:

When President Donald Trump launched his trade war on the world, he issued a stern warning: “Do not retaliate and you will be rewarded.” China ignored the warning. It was rewarded anyway. This morning, Trump largely suspended his trade war in return for nothing but promises of ongoing discussions. There is a lesson here for everybody Trump threatens, whether countries or businesses or universities.

The unveiling of the Trump global tariff regime was accompanied by a distinct form of dominance theater. The president and his gang assured his targets that if they submitted to his tariffs, he would repay their compliance. Any country that dared defy him would suffer terribly.


Uh-huh. Those who bought the show found that making deals was problematic with a man who doesn’t understand how trade works.

. . .
May 13, 2025

Newark airport had three air traffic controllers on duty instead of 14 -- The Guardian

https://www.theguardian.com/us-news/2025/may/13/newark-airport-air-traffic-controllers

On Monday evening the airport had far fewer than the 14 controllers agreed on between the union and regulators

New Jersey’s Newark Liberty airport, one of three major airports serving New York City, had just three air traffic controllers on duty on Monday, which was well short of the 14 called for and forced air regulators to delay arriving flights for up to seven hours.

The air traffic controller shortfall, first reported by the New York Times, comes amid a growing number of problems for the hub. In a little more than a week, Newark has suffered three communications blackouts, rendering the control tower unable to track or communicate with planes for up to 90 seconds.

The most recent failure, on Sunday morning, came as government and airline officials have made multiple efforts to reassure airline passengers that flying into or out of the airport is safe.

But on Monday evening, during the 3pm to 10pm shift, the group that manages Newark air traffic from Philadelphia was operating with one or two fully certified controllers, the outlet reported – far fewer than the 14 controllers agreed on between the controllers union and air traffic control regulators.

. . .
May 13, 2025

America's Long Coup: How the GOP Rigged, Lied, and Stole Its Way Into the White House for Over 50 Years -- Thom Hartmann

https://hartmannreport.com/p/americas-long-coup-how-the-gop-rigged-812

The numbers are in. The evidence is overwhelming. And the silence is deadly. It’s time Democrats started calling this what it is: a decades-long criminal conspiracy to seize power by any means…

Thom outlines the playbooks and the Republican presidents who participated in these activities.

Trump is an illegitimate president, but he’s not the first. The last Republican who was elected president without fraud or naked treason was Dwight D. Eisenhower. And it’s damn well past time that Democrats started telling the story.

But let’s start with Trump, and then go to Nixon, Reagan, and Bush.

Greg Palast recently did the math, and it’s now irrefutable: the only reason Trump is in the White House is because over 4 million Americans were either denied their right to vote or their votes were discarded.

The US Elections Assistance Commission data tells the damning story: a staggering 4.7 million voters were wrongfully purged from voter rolls before the election. By August 2024, self-proclaimed “vigilante” vote fraud hunters had challenged the eligibility of 317,886 voters across multiple states. When Election Day arrived, the Georgia NAACP estimated challenges had exceeded 200,000 in Georgia alone.

. . .

One can only wonder how much better off America would be if six Republican Presidents hadn’t stolen or inherited a stolen White House and used it to put rightwing cranks on the Supreme Court and other federal benches while cutting taxes on the morbidly rich (creating a $34 trillion national debt), destroying unions, and offshoring over 50,000 factories and 25 million good-paying union jobs.

America has ignored GOP crimes to seize and hold the White House long enough. The immunity Ford gave Nixon has echoed down through the decades, leading to a packed Supreme Court that gave new immunity to Trump and two unnecessary and illegal wars (not to mention tax cuts for billionaires that have gutted our middle class).

It’s time, at long last, to tell America the true story of Republican electoral crimes.
May 13, 2025

What's Going on at the IRS? -- Lawfare

https://www.lawfaremedia.org/article/what-s-going-on-at-the-irs
Vanessa Williamson, Ellis Chen

Breaking down the reduction in tax workforce, DOGE’s attempts to access sensitive data, and the politicization and erosion of agency independence at the IRS

A deep look at what has been happening at the IRS and likely future steps and effects.

According to a recent report from the Treasury Inspector General for Tax Administration, the Internal Revenue Service has lost nearly a third of its revenue agents in only two months. Since the start of the second Trump administration, the IRS has seen massive and unprecedented workforce reductions, the rapid erosion of long-standing data security and privacy protections, and the shift of decision-making power from civil servants to political appointees.

Similar actions are underway across the federal government—but because the IRS raises about 96 percent of all federal revenue, these cuts to the tax agency threaten the capacity of the U.S. government as a whole. The potential damage to federal revenue has been estimated in the hundreds of billions or even trillions of dollars over the decade to come.

. . .

The magnitude of these staff reductions is without comparison in the modern history of the IRS. The nadir of the IRS’s effectiveness came in the late 2010s, when chronic underfunding forced the agency to reduce its workforce by an average of 2 percent annually, about one-sixth of the reduction seen so far this year. And the cuts are still coming. Leaked information suggests that administration officials are aiming to reduce the agency’s workforce by 25, 40, or 50 percent in total. Roughly 20,000 IRS employees have reportedly applied for the second round of deferred resignation, offered by the Treasury Department in April; if approved, these separations, plus the terminations that have already occurred, would represent almost one-third of the agency’s workforce.

In addition to dismantling the IRS’s civil rights and anti-discrimination functions, the Trump administration is seeking a weaker tax enforcement system. Under one plan disclosed in March, taxpayer services were slated to see an 8 percent decline in workforce, while compliance was due to be cut by 22 percent by mid-May. Workforce cuts have been particularly severe in the portions of the IRS that enforce tax law for the highest earners. The IRS office investigating pass-through entities, an abuse-prone business structure given preferential treatment in the 2017 Tax Cuts and Jobs Act, had lost 27 percent of its workforce by late March. The Global High Wealth unit, which investigates the personal and business taxes of the very richest people, was until recently slated for major expansion. It has instead lost 38 percent of its staff. The staffing reductions have interrupted ongoing audits on high earners, many of which will likely expire without reaching their conclusion.

. . .

If we look at the longer scope of American history, the co-occurrence of democratic erosion and a decline in tax capacity comes as no surprise at all. The people who have sought to undermine the U.S. government’s fiscal capacity have consistently been America’s anti-democratic forces. Like the three-fifths clause that distorted representation, the tax limitations in the U.S. Constitution were intended to protect slavery. Slaveholders feared that even a government chosen only by propertied white men might use the tax power to bring about abolition. Similarly, the Jim Crow governments of the American South developed supermajority requirements to prevent the taxation of property, a policy that worked hand in hand with voter suppression: Even if the biracial working-class majority somehow regained power, they would still not be able to tax the rich. Undermining tax administration is a standard component of reactionary politics in America.

. . .
May 13, 2025

What Jeff Bezos Is Doing to the Washington Post -- from The New Yorker

Email excerpt from Clare Malone

I became a Washington Post reader twenty years ago, when I moved to D.C. for college. Those were the Bush years, so there was plenty to devour above the fold, but I was also an enthusiastic follower of its “Date Lab” column, which set up local singles, then documented their mating rituals. I also discovered two books by past staffers which vivisected the city and its powerful people: a collection of writings by Marjorie Williams, who had been a longtime Post columnist and reporter; and a memoir by the paper’s former owner and publisher, Katharine Graham. “Personal History” traced not just the rarified world of Georgetown social politics but a woman’s unlikely rise to the top of President Richard Nixon’s enemies list. Graham put her reputation and businesses on the line when she supported the Post’s journalism, as reporters Bob Woodward and Carl Bernstein unfurled the story that would come to be known as the Watergate scandal. Now the paper that brought down Nixon is struggling to survive Donald Trump’s second term.

Graham’s personal convictions have sprung to mind in the course of the past few months, watching the Post’s current owner, Jeff Bezos, navigate his relationship with his newspaper and with the President. Just two weeks before the 2024 election, Bezos—who had harshly criticized Trump during the 2016 and 2020 elections—decided that the paper wouldn’t endorse a candidate, breaking with a decades-long tradition. “You can see my wealth and business interests as a bulwark against intimidation, or you can see them as a web of conflicting interests,” he wrote at the time. “Only my own principles can tip the balance from one to the other.” This winter, he declared that the opinion pages would write only in support of “personal liberties and free markets,” another distinct shift. Many have interpreted these moves as those of a businessman looking to protect his financial interests during uncertain political times. But a fair number of the paper’s journalists find themselves disillusioned with an owner they once admired. Perhaps less understood is that the Post has been struggling financially for the past few years, and its staff have become increasingly frustrated by what many of them say is a lack of a clear business plan for one of America’s most storied newspapers. Staffers have been leaving the paper in droves because of their frustrations with the management that Bezos has put in charge. I set out to try to untangle what, exactly, is happening inside the Washington Post, where, as two former editors put it in an unacknowledged e-mail to Bezos, morale has “never been lower.”

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