Showing posts with label Accountability. Show all posts
Showing posts with label Accountability. Show all posts

Sunday, June 15, 2025

Trump Just Got A Wake Up Call As He Tries To Escalate His War On Defiance

(By Sabrina Haake, Raw Story, 15 June 2025)

 Ever since he was ignominiously blocked from shooting George Floyd protesters, Donald Trump has been itching to sic the military on U.S. citizens. Seizing California’s National Guard and sending U.S. Marines into Los Angeles to deliberately escalate violence brings his long-festering fever dream closer to life.

Trump’s former Defense Secretary Mark Esper has recounted how, during a White House meeting in 2020, Trump looked at Joint Chiefs of Staff Gen. Mark Milley and asked why he couldn’t just shoot protesters, adding, “It was (both) a suggestion and a formal question. And we were just all taken aback at that moment as this issue hung very heavily in the air.”

Milley pushed back on that suggestion and other illegal Trump impulses, eventually leading Trump to call for Milley’s execution and revoke his security detail. During Trump 1.0, Trump apparently suggested shooting protesters enough times that Esper issued a public statement opposing the use of the Insurrection Act against protesters, enraging Trump.

Trump made sure that would not happen again in his second administration by appointing a dangerously unqualified defense secretary with few moral qualms. As a Fox News host, Pete Hegseth echoed Trump’s desire to deploy the military against protesters. He defended war criminals who ‘killed the right people in the wrong ways,’ advocating “total war against our enemies… All of ’em, you stack bodies, and when it’s over, then you let the dust settle and you figure out who’s ahead.”

A trillion-dollar defense budget to kill whom, exactly?

Even though the U.S. is not at war, and Trump has shamefully abandoned our NATO military alliances, Hegseth waxes hard on “lethality,” and rails against “woke” laws that punish soldiers for indiscriminate killings. Trump/Hegseth seek a trillion-dollar defense budget, not to defend America from foreign enemies who are now Trump’s mentors, but to attack “enemies within,” i.e., Americans who oppose Trump’s agenda.

None of this, including Trump’s deliberate escalation of violence in LA, was unforeseen. Who can forget how Kamala Harris was panned as histrionic when she said Trump would sic the military on U.S. citizens, following his promise to do just that? In October, 2024, Trump said he’d use the military against the biggest threat to America — Americans who don’t support him.

“I think the (main problem we face) is the enemy from within,” Trump said, adding: “We have some very bad people. We have some sick people, radical left lunatics. And I think they’re the big — and it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen.”

 Both he and Hegseth have already weeded out military officers who would honor their oaths to the Constitution over illegal orders from Trump. This week, Hegseth inadvertently confirmed that the military, under Trump, will become a domestic force when he testified before Congress, saying, “We’re entering another phase, especially under President Trump with his focus on the homeland, where the National Guard and Reserves become a critical component of how we secure that homeland.”

It’s galling that no congressman has connected the dots and asked about explosive military spending that Trump/Hegseth have signaled will be used against Americans.  As of this writing, Trump has not declared martial law, but recent Trump history, paired with his glaring mental illness, suggests it’s “when,” not “if.”

Trump’s plan to use troops to impose his domestic agenda is decidedly un-American. Today it includes deportations and manufacturing civil unrest; tomorrow, Trump’s goons will round up journalists who criticize him, judges, Democrats, and political opponents, as just happened Thursday when Sen. Alex Padilla (D-CA) was tackled to the ground for trying to ask Kristi Noem questions.

If you have any doubt, watch Trump’s illegal and partisan address at Ft. Bragg, where he led troops in uniform to wildly “boo” journalists, California’s governor, and LA’s mayor. If you have any lingering naivety, still hoping soldiers will honor their oaths and not follow America’s Hitler, that speech will erase it.

For now, Trump is acting in LA pursuant to a presidential memorandum deploying the National Guard under a rarely used federal law, 10 U.S.C. § 12406. Under that code, a president possesses the power to federalize the National Guard only when there is “a rebellion or danger of rebellion” against federal authority, or when the president cannot execute federal laws. As Trump sees it, this assessment depends on his own untrained and undisciplined opinion. Under that statute, however, the National Guard can only support other law enforcement officers and defend federal property.

The Posse Comitatus Act also remains in effect, prohibiting the use of the military as a domestic law enforcement agency, except in extraordinary circumstances not yet present in LA despite Trump’s best efforts. The Insurrection Act of 1807, the authority under which Hegseth sent active Marines to LA, is a broader set of statutes granting Trump the power to use military force in specific circumstances, including suppressing armed rebellion, civil disorder, or other extreme circumstances where the states are unable to maintain public order.

Gov. Gavin Newsom formally objected to Trump sending troops, because California in general, and LAPD in particular, have sufficient resources to maintain order. Newsom knows that when US Marines start shooting civilians, whether in LA, Chicago, or New York, violence will ratchet up to the necessary threshold to circumvent Posse Comitatus and allow Trump to declare martial law.

https://www.msn.com/en-us/news/politics/trump-just-got-a-wake-up-call-as-he-tries-to-escalate-his-war-on-defiance-opinion/ar-AA1GKxio?ocid=msedgdhp&pc=DCTS&cvid=bab17248ede14a09bf947a493cef3d8b&ei=12

Saturday, June 8, 2024

Trump's First Term Was A Sh*t Show

 Worse than inflation: Let's remember Trump's real record in office

(By Heather Digby Parton, Salon, 7 June 2024)


                                                      Donald Trump Alex Wong/Getty Images© Provided by Salon

Public opinion polls about the current presidential race are mystifying in a lot of ways. How can it be that the twice impeached, convicted felon Donald Trump is the presumptive nominee for the Republican Party again? As inexplicable as it is to many of us, I think after eight years we have to accept that almost half the country is beguiled by the man while the other half looks on in abject horror and carry on from there. But as much as we may be dismayed by this adoration and fealty to Trump the man, it's still maddening that so many voters — including even Democrats — insist that everything was so much better when Donald Trump was president. I can't believe that people have forgotten what it was really like. By almost any measure it was an epic sh**show. 

 

One obvious explanation is that Trump lies relentlessly about his record. So after a while people start to believe him. According to Trump, we had unprecedented prosperity, the greatest foreign policy, the safest, the cleanest, the most peaceful world in human history and it immediately turned into a toxic dystopia upon his departure from the White House.  The reality, of course, was far different.

From the day after the election, Trump's presidential tenure was a non-stop scandal. Even in the early days of the transition, there were substantial and well-founded charges of corruption, nepotism and collusion with foreign adversaries. There was the early firing of Trump's national security advisor, the subsequent firing of the FBI director and eventually the appointment of a special counsel. He did manage to set a record while in the White House: the highest number of staff and cabinet turnovers in history, 85%. Some were forced out due to their unscrupulous behavior, others quit or were fired after they refused to carry out unethical or illegal orders ordered by the president. This continued throughout the term until the very last days of his presidency when a handful of Cabinet members, including the attorney general, resigned over Trump's Big Lie and refusal to accept his loss. 

Yes, those were really good times. Let's sign on for another four years of chaos, corruption and criminality.

But, let's face facts. What people think they miss about the Trump years was the allegedly great pre-pandemic economy and the world peace that he brought through the sheer force of his magnetic personality. None of that is remotely true. The Trump economy was the tail end of the longest expansion in history begun under President Barack Obama and the low interest rates that went with it. Nothing Trump did added to it and he never lived up to even his own hype:

Trump assured the public in 2017 that the U.S. economy with his tax cuts would grow at “3%,” but he added, “I think it could go to 4, 5, and maybe even 6%, ultimately.”If the 2020 pandemic is excluded, growth after inflation averaged 2.67% under Trump, according to figures from the Bureau of Economic Analysis. Include the pandemic-induced recession and that average drops to an anemic 1.45%. By contrast, growth during the second term of then-President Barack Obama averaged 2.33%. So far under Biden, annual growth is averaging 3.4%.

Inflation started its rise at the beginning of the pandemic (Trump's last year) and continued to rise sharply in the first year of the Biden administration before it started to come back down. The reasons are complex but the fact that it was lower under Trump is simply a matter of timing. Trump's economy was good but it wasn't great even before the pandemic. He had higher unemployment than we have now, he blew out the deficit with his tax cuts and his tariffs accomplished zilch. Sure, the stock market was roaring but it's even higher now.

Unlike Trump, who simply rode an already good economy, Biden started out with the massive crisis Trump left him and managed to dig out from under it in record time. No other country in the world has recovered as quickly and had Trump won re-election there's little evidence in his record that he could have done the same. All he knows is tariffs and and tax cuts and he's promising more of the same. 

On the world stage, he was a disaster. From his ill-treatment of allies to his sucking up to dictators from Kim Jong Un to Vladimir Putin, everything Trump did internationally was wrong. He was impeached for blackmailing the leader of Ukraine to get him dirt on Joe Biden, for goodness sakes! Does that sound like a sound foreign policy decision? The reverberations of his ignorant posturing will be felt for a generation even if he doesn't win another term.

And despite the alleged peacenik's boast that he never had a war while he was president, it's actually a lie. The US had troops in Afghanistan fighting throughout his entire term despite his promise to withdraw and there was a very ugly drone war carried out throughout his term. Trump bombed Syria and assassinated Iranian leaders and did all the things American presidents had been doing ever since 9/11. His only answer today to the vexing problems that are confronting Biden in Ukraine and Israel is to fatuously declare "it never would have happened" if he were president. On Gaza, Trump's solution is "finish the problem" and I don't think there's any question about what he means by that. 

Trump's labor record was abominable, his assaults on civil rights and civil liberties were horrific and he did nothing positive on health care. There was the Muslim ban, family separations, the grotesque response to the George Floyd protests and the rollback of hundreds of environmental regulations. And then there was January 6.

Trump, who called himself the greatest jobs president in history, was the first president since Herbert Hoover during the Great Depression to depart office with fewer jobs in the country than when he entered. He can say that doesn't count because of the pandemic but so much of that was his fault that it actually is. It was his crucible and he failed miserably.

His administration had disbanded the pandemic office and failed to replenish the stockpiles of medical supplies so we already started out ill-prepared. He denied the crisis at first, and we learned from Bob Woodward's interview that he knew very well how deadly it was, he lied, he put his son-in-law and some college buddies in charge of logistics. He pushed snake oil cures and disparaged common sense public health measures because they threatened his desire for a quick economic revival despite the fact that Americans were dropping dead by the thousands every single day. And, as always, he blamed everyone else for his problems. COVID killed far more Americans than other peer nations and it was due to Trump's failed leadership. 

For all these reasons, anyone who looks back on the Trump years as a golden time when everything was so much better isn't remembering the reality of those four awful years. There are worse things in life than inflation.

https://www.msn.com/en-us/news/politics/worse-than-inflation-let-s-remember-trump-s-real-record-in-office/ar-BB1nOxnr?ocid=entnewsntp&pc=DCTS&cvid=241a30e25bca448281df2e5e79b4795b&ei=24

Saturday, June 11, 2022

School Shootings: One Of My Students Asked If I’d Stand Between Them And A Gunman. Here’s What I Said.

 (By Amanda Mayes, Huff Post, 30 May 2022)

 “Ms. Mayes? If a gunman came in here, would you protect us? Would you stand between us and the gunman?”  It was about two months into my third long-term substitute teaching position at my high school alma mater. I returned when my high school mentor was diagnosed with cancer. When he came back in remission, I stayed to continue to build and shape the community that had given me a sense of self in my formative years.

This group of students was still new to me, but I adored them. Sure, they had their moments when they would rather be sucked into a phone screen than discuss the ramifications of gerrymandering, the intricacies of supply and demand, or the Gilded Age.

But teenagers deserve more credit than we ever give them.

They are kind, intelligent, insightful and bold. I was supposed to be their teacher, but I learned so much about myself and the world from them. When they are of age to vote, they will ignite this world with compassion. We do not deserve them, especially when we continuously fail to protect them.

That day, I was running my first active shooter drill.

When I sat in these same desks and walked down these same halls six years earlier, the only scenarios we rehearsed were for tornadoes, fires, and asking a special someone to prom.

But this is the new normal. My students were restless. It was a planned drill ― not always a given, as some drills are enacted without warning. But the notice did little to calm nerves and suppress the reality that we must rehearse for the possibility of our own deaths.

I reviewed my lesson plan, glared at the finicky overhead projector, took a sip of coffee, and waited. No one knew when the principal’s voice would come over the intercom, triggering the drill.

The drill came and went, and melted into the new normalcy of a modern school day, with full knowledge that our paper-thin classroom walls were no match for automatic weapons fire.

But this is not normal. This should not be normal.

We ask our teachers to do so much — to be educators, caregivers, counselors, nurses, peacekeepers, custodians, disciplinarians. And now we ask them to be human shields.

When I stumbled into teaching, it had not crossed my mind that I would have to grapple with my own mortality and weigh the worth of my life against those of my students, despite growing up in this era. I was in third grade when Columbine stunned the world of education. I was in 11th grade when the Virginia Tech shooting happened.

“Yes. Yes, of course I would,” I told the teenager who had asked if I would protect my students.

I made the decision to sacrifice myself to save my students should an active shooter enter my classroom. Part of teaching is believing in the future and believing in a better future. My students must survive to make that future a possibility.

But it is not a decision I should have to make.

With each new mass shooting, the arguments against common-sense gun restrictions appear like clockwork:

“If we armed the teachers, this wouldn’t happen.”

I am an educator. A mentor. A helper. A guide. A light. I will not be relegated to a role of perpetuating this American culture of violence. I will not be complicit in the weaponization of myself and my fellow teachers.

“This is the price we pay for our Second Amendment freedoms.”

Why have many in this country decided that owning weapons outweighs the safety and lives of our children and teachers? How many dead students and dead teachers is your “freedom” worth to you? How high are you willing to set the price to defend an amendment that has been outpaced by technology? How is worrying about being shot at school or a movie theater or a grocery store freedom? Your paranoia and misguided belief that “courage is a man with a gun in his hand” has corrupted the original intent of an antiquated amendment.

We accept reasonable limitations to our other rights. Why is this such a struggle with the right to bear arms?

“Guns don’t kill people; people kill people.”

It is beyond time to limit access to tools used to kill more efficiently. Why are you so terrified of your neighbor that you need an assault rifle? Or feel the need to conceal and carry when you do your weekly grocery shopping? This is a reflection of you — of your need for false power, of your suspicions, of your cowardice — not a reflection of the society you purportedly fear. An AR-15 or other military-grade weapon serves no purpose other than that of destruction.

“This is an act of a mentally ill person.”

Stop equating mental illness as a requisite for murder. Start supporting mental health care. Start normalizing discussion about mental health. Start considering the mental health of those affected by gun violence.

“Now is not the time for politics. Now is the time to send thoughts and prayers.”

Thoughts and prayers comfort those left behind. They also assuage the consciences of those who plan to do nothing, who will continue to support the status quo because it is comfortable, familiar, and politically expedient.

These days I occasionally teach political science as an adjunct at a college. Every classroom I enter triggers the same process: Check the door. Take note of how it locks. Plan how to cover the windows. Find potential barricades. Make a plan. Rehearse.

This process is more difficult at a college because the classroom is not mine. It is used by several faculty members throughout the day. Desks arrangements may be reconfigured. The blinds may be opened or closed. Keys may be misplaced. A first aid kit may have vanished to another room.

Each time the classroom could be different, which necessitates quickly generating a new plan. I have lost sleep running different scenarios in my mind to be prepared for the next day.

Creating a plan in case of an active shooter is second nature now. It is part of the process. Along with preparing my lecture notes and stashing my best dry erase markers, I think of ways to save the lives of my students.

This should not be normal.

Instead of asking teachers to take on the impossible, to accept the reality that they could die doing their job, ask yourself: Who would have to be gunned down in your life for you to act?

Yes. I will sacrifice my life for the lives of my students. But do not let this become my reality the next time I teach.  Do not let my life and the lives of my students fade into statistics.

https://www.huffpost.com/entry/teachers-school-shootings-uvalde-texas_n_6293d1c7e4b05cfc269bee94?ncid=APPLENEWS00001

Wednesday, May 25, 2022

School Shootings: The GOP’s Only Answer To School Shootings Didn’t Help In Uvalde, Texas

(By Alex Yablon, Slate, 25 May 2022)

 In the recent annals of American political rhetoric, there have been few more consequential statements of ideology than NRA chief Wayne LaPierre’s post–Sandy Hook truism that “the only thing that stops a bad guy with a gun is a good guy with a gun.”  The line has gone from crisis PR spin to Republican Party dogma. But while the “good guy with a gun” mantra has the ring of tough guy common sense, the empirical evidence suggests armed cops and civilians do less than nothing to deter mass shooters.

Look no further than Texas Republicans’ responses to this week’s mass shooting in the small town of Uvalde, the deadliest at an elementary school since Sandy Hook. Speaking to Newsmax, Attorney General Ken Paxton, the top law enforcement and public safety officer in the state, said: “We can’t stop bad people from doing bad things. … We can potentially arm and prepare and train teachers and other administrators to respond quickly. That, in my opinion, is the best answer.”

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Of course, this is Texas. It’s not like potential good guys with guns were thin on the ground in Uvalde. Law enforcement actually engaged the shooter before he got into the elementary school. Indeed, as the Austin American-Statesman reported, it was actually a school guard—a good guy with a gun—who confronted and failed to prevent the shooter’s entry. For years, though, Texas has encouraged teachers to pack heat. In the wake of a 2018 shooting at a high school in Santa Fe, Texas, Gov. Greg Abbott signed legislation that encouraged schools to do exactly what Ken Paxton now demands. It mattered little back then that Abbott was responding to killings at a school that already had two armed guards and a plan to put guns in the hands of teachers.

As Republicans like Abbott and Paxton double down on the same pro-gun proliferation response to every mass shooting, evidence accumulates that weapons are rarely effective means of deterring or stopping mass shootings.  Last year, a group of public health scholars published a study in the Journal of the American Medical Association examining 133 school shootings from 1980 to 2019. An armed guard was present in about a quarter of the incidents in the study. Those schools actually suffered death rates nearly three times higher than schools without armed guards. Similarly, a 2020 review of gun policy research by the RAND Corporation think tank found no evidence that the presence of more guns had any effect on gun violence. Criminologists at Texas State University found that unarmed staff or the shooters themselves are far more likely to bring a school shooting to an end than someone with a gun returning fire.

So-called good guys with guns fail to effectively deter or end mass shootings for a variety of tactical and psychological reasons.  For one thing, it’s actually very hard to shoot straight in a situation like a mass shooting. RAND analysts have found that even highly trained NYPD officers only hit their intended target in 19 percent of gunfire exchanges. Winning a gunfight with a shooter only becomes more difficult when the perpetrator carries a semi-automatic rifle like an AR-15, as the Uvalde suspect and many others have done. These weapons have a much longer range and are far more accurate than the kinds of pistols typically used by police and civilian concealed carriers, allowing shooters to keep responders far enough away that their own weapons will be of little use. The Uvalde gunman, for instance, managed to overpower two officers whom he encountered on his way to the elementary school.

In the most extreme cases, a single gunman with a semi-automatic rifle can stymie an entire SWAT team for hours: Back in 2015, a single gunman assaulting a Colorado Springs Planned Parenthood with an AK-style rifle held off police for the better part of a day before surrendering.  The idea that armed guards and teachers could deter shootings in the first place presumes mass shooters behave rationally, weighing risks, when in fact the opposite is true. As the JAMA authors noted, “many school shooters are actively suicidal, intending to die in the act, so an armed officer may be an incentive rather than a deterrent.”  Considering the long odds of taking down a determined shooter equipped with an assault rifle, armed police and bystanders sometimes have difficulty motivating themselves to actually engage at all, as happened so infamously in the Parkland shooting when two sheriff’s deputies apparently hid from the gunman.

So Republicans’ preferred response to mass shootings operates in the realm of fantasy. The standard-issue liberal response—to ban guns in a country where they outnumber people—is at this point not much more realistic. That’s not to say there is no way to prevent a lot of mass shootings, however.  Civil gun seizure orders, known as “red flag” laws, are a promising but underutilized means of preemptively intervening when gun owners show signs they will hurt themselves or others. If a gun owner makes a threat or behaves dangerously—committing violent misdemeanors or torturing animals, for example—“red flag” laws allow family, school workers, medical professionals, and law enforcement to petition a judge for an emergency temporary order confiscating the dangerous person’s weapons.

The laws function like more commonplace personal restraining orders. Many states created civil gun seizure procedures in the wake of the 2018 Parkland shooting (though not Texas), and the NRA even offered limited support for the measures. A 2019 case study of California’s law, passed in the wake of the 2014 Isla Vista shooting, found the orders were used in 21 cases where gun owners had made credible threats of mass shootings. It’s at least conceivable that this law prevented other possible atrocities.

Good guys with guns fail to stop bad guys with guns in the moment because mass shootings are rare, surprising, and unpredictable events. Red flag laws are effective because mass shooters are, by contrast, pretty predictable: They almost always display clear warning signs that they are a danger to society and themselves. The Uvalde shooter was no exception: According to friends, he engaged in self-harm, shot a BB gun at strangers, and expressed a desire to kill. He also posted frequently on social media about his desire for guns. If Texas had the appropriate legal machinery in place, the people in the shooter’s life who had been so alarmed by his behavior might have had an opportunity to act before it was too late.

https://slate.com/news-and-politics/2022/05/gop-school-uvalde-shooting-response-guys-with-guns.html

Sunday, January 30, 2022

Why Did Spotify Choose Joe Rogan Over Neil Young? Hint: It’s Not A Music Company

(By Travis M. Andrews, Washington Post, 28 January 2022)

 

Neil Young, left, and Joe Rogan. (AP)

In one corner was Joe Rogan, the stand-up comedian and former “Fear Factor” host turned provocative podcaster.  In the other stood Neil Young, the multi-Grammy-winning rock legend with a lifelong passion for progressive causes.  The battle lasted two days, and Rogan won without making a peep.

Young started the scuffle when he posted a letter to his website Monday, addressed to his manager and an executive at his record label, demanding that his music catalogue be removed from Spotify in response to “fake information about vaccines.”

Specifically, Young cited Joe Rogan — who hosts “The Joe Rogan Experience” podcast — and has suggested healthy, young people shouldn’t get vaccinated. After catching the coronavirus, Rogan also praised ivermectin, a medicine used to kill parasites in animals and humans that has no proven anti-viral benefits. “I want you to let Spotify know immediately TODAY that I want all my music off their platform,” he wrote. “They can have Rogan or Young. Not both.”

Two days later, without a word from Rogan, Spotify began the process of removing the famed rocker’s music, including his best-known hits such as “Heart of Gold,” “Harvest Moon” and “Rockin’ in the Free World.”  The speed of Spotify’s decision to sideline Young was jarring. So why did the company do it?  The answer is simple: This isn’t really a story about Rogan or Young. It’s a story about Spotify. And, despite public perception, Spotify isn’t a music company. It’s a tech company looking to maximize profits.

Spotify’s quest to dominate the podcast space

The company hasn’t been shy about its desire — in 2019, Spotify announced it was planning to spend up to $500 million to acquire companies “in the emerging podcast marketplace.”  That year it purchased Gimlet Media, home of podcasts such as “Reply All,” “Homecoming” and “Where Should We Begin? With Esther Perel,” for an estimated $230 million. It also spent more than $100 million on Anchor, a platform that lets users create and share their own podcasts.

The next year, Spotify spent nearly $200 million to acquire the Ringer and its suite of popular podcasts, such as “Binge Mode,” “The Press Box” and its founder’s “The Bill Simmons Podcast.” And, of course, it reportedly spent more than $100 million to acquire exclusive rights to a single show: the extremely popular, rabble-rousing “Joe Rogan Experience.”  “I think it comes down to, just frankly, business,” said John Simson, the program director for the business and entertainment program at American University. “In the music side of things, [Spotify is] paying out roughly 70 percent of all the revenue that comes in. It goes right back out as royalties. They’re looking for other places where the revenue split isn’t that dramatic. … Podcasts were certainly their go-to.”

The plan seems to be working. Spotify reportedly overtook Apple Podcasts last year to become the largest podcast provider in the United States.

Spotify’s strained relationship with musicians

As Spotify built its podcasting empire, it has been increasingly criticized by the musicians who use the platform. In December, rapper T-Pain tweeted a breakdown of how many streams it takes for a musician to make $1 on various services, pointing out that on Spotify it takes 315 while on Apple Music it’s 128. Several months earlier, artists and music industry workers, organized by the Union of Musicians and Allied Workers, protested outside Spotify offices around the world — bringing petitions signed by more than 28,000 people that were demanding, among other things, higher payouts for artists.

“I don’t think of any of these platforms as being music companies that actually care about music. I think of them like technology companies,” said Gabriel Teodros, a Seattle-based hip-hop artist who wrote a viral Substack blog in December titled “There’s no money in streaming.”  Even so, Teodros said he was surprised at the “swiftness” with which Spotify decided to remove Young’s music, rather than Rogan’s podcast. “I thought it might be a long, drawn-out thing.”

Other big-name artists have also feuded with Spotify — Taylor Swift pulled her music from the platform until it met her demands — but none seemed to spark widespread change. That leaves Teodros wondering if Young’s protest is “going to be a moment where public perception of public streaming platforms are forever altered, or is it just a blip?”

Young has received an outpouring of support from across the political and social spectrum: “I’m with #NeilYoung,” tweeted Geraldo Rivera. “Waiting on all the musicians to step up and back Neil Young. Where are you?” tweeted author Don Winslow.  It’s not that dropping Young won’t inflict any pain on Spotify. Most of his music is more than 18 months old, and older tunes have become popular during the pandemic. 

So it should come as no surprise that the day after Spotify announced the removal of Young’s catalogue, SiriusXM said it would revive “Neil Young Radio,” a channel dedicated to Young’s music and storytelling, for a brief stint.  “When you have an opportunity to present an iconic artist still at the height of his creativity, you don’t hesitate to do it, again,” Steve Blatter, the company’s senior vice president and general manager of music programming, said in a pointedly cheeky statement. “Outspoken, brave, and a true music icon, Neil Young is in a rare class of artists, and we are honored to collaborate with him to create a special audio experience for his fans.”

Young’s plea to other musicians

“I sincerely hope that other artists and record companies will move off the SPOTIFY platform and stop supporting SPOTIFY’s deadly misinformation about COVID,” Young wrote on his blog on Wednesday.  Whether anyone will follow remains to be seen. Many of the artists who could take up his battle cry — elder statesmen of rock with large enough catalogues to hurt the streaming service — no longer own their own music.  In the past few years, Bruce Springsteen, Bob Dylan, Paul Simon, Tina Turner, Stevie Nicks, the David Bowie estate and many, many more have sold their entire catalogues for large sums. Younger artists, including John Legend and Ryan Tedder, have begun joining in.

In most of these cases, the artist sold both the publishing and the recording copyrights. That means, unless they have a special clause around how their music is used, they don’t have any power to dictate where their tunes appear. And Simson, the American University professor, said such clauses are rare. “The reason [these companies] are paying all that money is that these streaming services are driving up value” of those catalogues.

In his blog post, Young wrote that removing his music from Spotify will equate to “losing 60% of my world wide streaming income.”  So while other artists — particularly his contemporaries — rallying around the legend and pulling their music from the platform might sound like a nice rock-and-roll idea, it’s probably not going to happen.

Is losing one artist enough to force Spotify to change?

Then there’s the question of how much impact a single artist can have. The numbers look staggering. The Weeknd, an extreme outlier, currently garners 86.6 million monthly listeners. Adele has 60 million. Drake has about 53.6 million monthly listeners. Taylor Swift has about 54 million; BTS has 42.3 million.

If one or two of them pulled their music, how many of Spotify’s 172 million subscribers would actually delete their accounts? How many of its 381 million monthly users would stop listening?  “Spotify is probably counting on the inertia aspect. Once you’re on a particular streaming platform, you’re likely to stay there because you’ve got your playlists, you’re familiar with it,” Simson said. “It just feels scary to all of a sudden have to move.”

And those are just the top artists. What about everyone else? As Eve 6 frontman Max Collins sarcastically tweeted, “if spotify doesn’t take neil young seriously i bet they’ll heed the demands of eve6.”

Now consider that Rogan has an estimated 11 million listeners per episode. He usually posts four to five of them each week, and they frequently last longer than three hours.  When Spotify bought Rogan’s podcast, Stephanie Liu, an analyst with the research firm Forrester, told the New York Times, “This is part of Spotify’s bigger bet on podcasts. Spotify is buying not only Joe Rogan’s extensive and future content library, but also his loyal audience.”

To retain that audience, they need Rogan. Plus — and this is key — he’s exclusive to Spotify. Very few musical artists are. Neil Young’s albums are on Amazon, Apple and several other services. Rogan’s library is only on Spotify. You don’t need Spotify to listen to Young, but you do need it to listen to Rogan.

The power of Joe Rogan

“If podcasting is Spotify’s biggest strategic bet, then Joe Rogan is the biggest piece of that,” said Tatiana Cirisano, a music industry analyst and consultant at MIDiA Research. “Other podcasters might be looking at this and wondering, ‘Is Spotify safe for what I want to say?’ ”  She added that while Rogan’s audience may be large, it’s also narrow. His audience skews young and male. He plays the role of provocateur, beholden to no political belief system. While that obviously appeals to his fans, it’s unlikely those who don’t agree with him are tuning in.

“It’s a lot easier to serve a huge audience of music fans than it is to serve a huge audience of podcast listeners. [A] music genre isn’t a polarizing thing,” Cirisano said, adding that while people may listen to various genres of music, they’re much less likely to listen to podcasts across the political spectrum.  Losing an artist doesn’t necessarily mean losing all the fans of that artist. But lose Rogan, and his listeners aren’t likely to switch to Michelle Obama’s podcast, which is also on Spotify.

Joe Rogan is using his wildly popular podcast to question vaccines. Experts are fighting back.

Cirisano said this could be a “crucial moment” for Spotify, and that Young had forced them to choose between two influential talents.  She is, however, doubtful that Young’s move will persuade many people to quit Spotify.  “I think it takes a lot for people to switch platforms,” Cirisano said. “I’m not sure if anyone aside from the top 1 percent of Neil Young stans are going to do that.”

https://www.washingtonpost.com/arts-entertainment/2022/01/28/spotify-joe-rogan-neil-young/

Tuesday, December 14, 2021

Fox Stays Silent About New Texts That Expose Hannity & Ingraham's Jan. 6 Hypocrisy

(By Brian Stelter, CNN Business, 14 December 2021)

Fox News did not bother to air Monday night's meeting of the House committee investigating the 1/6 attack. Neither did Newsmax or One America News. So right-wing TV audiences did not hear when Rep. Liz Cheney revealed that some of Fox's biggest stars pressed Mark Meadows for help during the siege of the Capitol.  "Mark, the president needs to tell people in the Capitol to go home," Laura Ingraham texted Meadows. "This is hurting all of us. He is destroying his legacy."

She knew. They all knew. They all knew the truth right away. But by the night of 1/6, Ingraham was spouting conspiracy theories about "ANTIFA" and excusing the peaceful "patriots" who, let's be clear, paraded into DC based on a lie she pushed over and over again. Fox's pro-Trump programming was partly to blame for the Big Lie, so when that lie led to violence, of course some of the hosts panicked and tried to put out the fire.

On Monday, Cheney read two other texts from Fox stars to Meadows from 1/6. One was from Brian Kilmeade: "Please, get him on TV. Destroying everything you have accomplished." The other was from Sean Hannity: "Can he make a statement, ask people to leave the Capitol?" Cheney didn't specify what time those texts were sent. But I was struck by Hannity's casual tone about the unfolding terror. At least Kilmeade said "please, get him on TV."

The 1/6 committee has thousands of other texts and emails. Cheney shared just a tiny sampling on Monday. But the tiny sampling is deeply embarrassing for Fox and the Murdochs. As Maggie Haberman said, this "undercuts efforts by everyone whose name she read who might say Jan. 6 wasn't that bad." It "wasn't that bad" has been one of Fox's dominant themes this year. This banner on "Don Lemon Tonight" captured it perfectly: "Fox hosts and Donald Trump Jr. knew exactly what was happening and now they pretend it didn't happen."

"These texts prove something essential," Amanda Carpenter wrote for The Bulwark. "No matter what they say now, Trump's loyalists knew at the time that what was happening at the Capitol was not a peaceful protest. They knew that it was a dangerous attack on American democracy. And they knew that Trump was responsible for it. That's why they sent the texts pleading with him, through his staff, to make it stop." 

Or as SE Cupp put it on CNN just now, "Fox News viewers, you have been had."

Yes -- but here's what the Fox hosts will likely say if they're ever challenged about this. They'll say they condemned the riot at the time. And they all did, if only briefly. But Hannity and Ingraham also continued to lie about the election and strongly suggest that leftists were to blame for the Capitol chaos. And many Fox hosts have bashed other media outlets for continuing to report on the prosecutions and the probes -- in other words, for continuing to care about the terror. The memory-holing effort has been so extensive precisely because figures like Ingraham knew how bad it was. When she wrote "this is hurting all of us," I'm certain she wasn't thinking about America or the rule of law. She was thinking about "us" in the Trump-controlled Republican party. But she was right: This is hurting all of us.

Total silence from Fox

It's crucial to note that Fox didn't air the 7pm ET hearing live or address the revelations about the texts later in the day. "Fox viewers are being shielded from the Fox hosts' urgent texts to Meadows," MSNBC's Lawrence O'Donnell commented.  Hannity actually gabbed with Meadows during the 9pm hour but "did not mention the texts at all," as The Daily Beast's Justin Baragona noted here. (Hannity hit back at Cheney, however, by saying "I love how Liz is now partnered with the people that called her father a war criminal, a murderer, and a crook. Pretty amazing!")

During the chat, Meadows acknowledged that he is about to be held in criminal contempt. But here's how Hannity opened the hour: "The hyperpartisan predetermined-outcome anti-Trump January 6 committee just voted 9 to 0 to hold Mark Meadows in contempt for refusing to comply with their orders." With that framing, why would any Fox viewer take any committee action seriously? Further, Hannity focused on Capitol security failures; blamed Democrats for those failures; and brought up the rioting in the wake of George Floyd's death. This is Fox's tried-and-true approach whenever faced with the awfulness of 1/6: Dodge or distort or deflect.

A Fox spokesperson did not respond to my request for comment about the texts on Monday night.

https://www.msn.com/en-us/news/politics/fox-stays-silent-about-new-texts-that-expose-hannity-and-ingraham-s-jan-6-hypocrisy/ar-AARMXis?ocid=entnewsntp

Saturday, September 4, 2021

Marvel And DC Comics Face Backlash Over Pay: ‘They Send A Thank You Note And $5,000 – The Movie Made $1 Billion’

 As comics giants make billions from their storylines and characters, writers & artists are speaking out about the struggles for fair pay.

(Sam Thielman, The Guardian, 9 August 2021)

Watch any superhero movie and you will see a credit along the lines of “based on the comic book created by”, usually with the name of a beloved and/or long-dead writer or artist. But deep, deep in the credits scroll, you will also see “special thanks” to a long roster of comic book talent, most of them still alive, whose work forms the skeleton and musculature of the movie you just watched. Scenes storyboarded directly from Batman comics by Frank Miller; character arcs out of Thor comics by Walt Simonson; entire franchises, such as the Avengers films or Disney+ spinoff The Falcon and the Winter Soldier, that couldn’t exist without the likes of Kurt Busiek or Ed Brubaker.

The “big two” comic companies – Marvel and DC - may pretend they’ve tapped into some timeless part of the human psyche with characters such as Superman and the Incredible Hulk, but the truth is that their most popular stories have been carefully stewarded through the decades by individual artists and writers. But how much of, say, the Marvel Cinematic Universe’s (MCU) $20bn-plus box office gross went to those who created the stories and characters in it? How are the unknown faces behind their biggest successes being treated?

Not well, according to Brubaker who, with Steve Epting, revived Captain America’s sidekick Bucky Barnes to create the Winter Soldier, portrayed by Sebastian Stan in Marvel’s films and shows. “For the most part, all Steve and I have got for creating the Winter Soldier and his storyline is a ‘thanks’ here or there, and over the years that’s become harder and harder to live with,” Brubaker recently wrote in a newsletter.

“I have a great life as a writer and much of it is because of Cap and the Winter Soldier bringing so many readers to my other work,” he added. “But I also can’t deny feeling a bit sick to my stomach sometimes when my inbox fills up with people wanting comments on the show.” (Marvel told the Guardian it had to “decline to comment out of respect for the privacy of [Brubaker and Epting’s] personal conversations [with the company].”)

Comic creators are “work-for-hire”, so the companies they work for owe them nothing beyond a flat fee and royalty payments. But Marvel and DC also incentivise popular creators to stay on with the promise of steady work and what they call “equity”: a tiny share of the profits, should a character they create or a storyline they write become fodder for films, shows or merch. For some creators, work they did decades ago is providing vital income now as films bring their comics to a bigger audience; they reason – and the companies seem to agree – it’s only fair to pay them more. DC has a boilerplate internal contract, which the Guardian has seen, which guarantees payments to creators when their characters are used. Marvel’s contracts are similar, according to two sources with knowledge of them, but harder to find; some Marvel creators did not know they existed.

A Marvel spokesman said there was no restrictions on when creators could approach the company about contracts, and said that they are having ongoing conversations with writers and artists pertaining to both recent and past work. A DC spokesman did not return multiple requests for comment. But the use of these contracts is at these companies’ discretion and the promised money can fall by the wayside.

“The squeaky wheel gets the grease,” Jim Starlin, who created Thanos, recently told the Hollywood Reporter; Starlin negotiated a bigger payout after arguing that Marvel had underpaid him for its use of Thanos as the big bad of the MCU. Prolific Marvel writer Roy Thomas got his name added to the credits of Disney+ series Loki after his agent made a fuss. But these are creators that Marvel needs to keep happy; things can go very differently if nobody cares when you complain.

Bestselling author Ta-Nehisi Coates, who wrote a run of Marvel’s Black Panther and followed Brubaker and Epting’s Captain America run with his own a few years later, says that he believes Marvel has moral obligations to its artists and writers that go beyond contracts.  “Long before I was writing Captain America, I read [Brubaker and Epting’s] Death of Captain America storyline, and Return of the Winter Soldier, and it was some of the most thrilling storytelling I’d ever read,” Coates says. “I’d rather read it than watch the movies – I love the movies too – but it doesn’t seem just for them to extract what Steve and Ed put into this and create a multi-billion dollar franchise.”

Coates says he feels fairly treated when it comes to his own work, but he is adamant that lesser known names deserve better treatment from the big studios, no matter what their contracts say: “Just because it’s in a contract doesn’t make it right. If I have some kind of leverage over you, I can get you to sign a contract to fuck you over. It’s just legalist.”

Over the decades, Marvel and DC have become parts of Fortune 500 companies: the Walt Disney Company owns Marvel, and DC is owned by a subsidiary of AT&T. Now, deciding what share of the success their comic creators deserve is a matter of complex wrangling between Marvel and DC, which want to maintain good relations with their talent, and the vast bureaucracies above them.

Among creators, there is a general sense that it has become harder to get paid at Marvel. One source told the Guardian that Marvel subtracted its own legal fees from a protracted negotiation over royalty payments. Others who have worked for DC and Marvel say both count on artists and writers preferring not to spend time chasing them for royalties.

“Lawyer up, always, with comic book company contracts,” says Jimmy Palmiotti, longtime writer of DC characters such as Jonah Hex and Harley Quinn. “They are not in the business of feeding you the math.” Once a year, freelancers are allowed to audit the returns on their creations for DC and Marvel, but Palmiotti says it happens too rarely: “I can count on one hand the number of creators who’ve actually audited a major comics company.”

According to multiple sources, when a writer or artist’s work features prominently in a Marvel film, the company’s practice is to send the creator an invitation to the premiere and a cheque for $5,000 (£3,600). Three different sources confirmed this amount to the Guardian. There’s no obligation to attend the premiere, or to use the $5,000 for travel or accommodation; sources described it as a tacit acknowledgment that compensation was due.  Marvel declined to comment on this, citing privacy concerns. “We can’t speak to our individual agreements or contracts with talent,” said a spokesman.

Several sources who have worked with Marvel say that remuneration for contributing to a franchise that hits it big varies between the $5,000 payment, nothing, or – very rarely – a “special character contract”, which allows a select few creators to claim remuneration when their characters or stories are used. There are other potential ways to earn more – many former writers and artists are made executives and producers on Marvel’s myriad movies, cartoons and streaming series, for example – but those deals depend on factors other than legal obligation.  “I’ve been offered a [special character contract] that was really, really terrible, but it was that or nothing,” says one Marvel creator, who asked not to be named. “And then instead of honouring it, they send a thank you note and are like, ‘Here’s some money we don’t owe you!’ and it’s five grand. And you’re like, ‘The movie made a billion dollars.’”

Both Marvel’s “special character contract”, or DC’s equivalent, a “creator equity” contract, are ways to keep creators happy enough that they don’t hold back all of their original creations for competitors. DC pioneered these contracts back in the 1970s and 1980s, responding in part to Marvel’s treatment of Captain America creator Jack Kirby. Jim Shooter, then Marvel’s editor-in-chief, refused to return original art to Kirby unless he signed a lengthy release form allowing the company to adapt his creations – including the Incredible Hulk, the Fantastic Four, Iron Man, Black Panther and the X-Men – without any compensation. DC saw an opportunity to score PR points, and offered Frank Miller, Alan Moore and Dave Gibbons what appeared to be much better contracts for works such as Ronin and Watchmen. (The company used a technicality to renege within a few years).

Brubaker has recalled once attending Comic-Con, where he watched Roz Kirby yell at Jim Shooter about his mistreatment of her husband in the middle of a panel on creators’ rights. (The panel, incidentally, included Moore and Miller, who were celebrating the apparent fairness of their own contracts at DC.) Decades later, Brubaker helped Marvel find success with his Captain America run with Steve Epting. According to sources, Brubaker and Epting showed up in tuxedos to the premiere party for Captain America: The Winter Soldier, a movie directly based on their comics, only to find that they weren’t on the list. Brubaker texted Sebastian Stan, the actor who played his and Epting’s character, Bucky Barnes, and he let them in.

Some creators told the Guardian that they did not know that Marvel even had the special character contract like DC. In fact, the Guardian has seen an application for the “Marvel Special Character Contract”, in which creators can formally ask Marvel whether one of their characters qualifies for extra payouts. In the application form, Marvel explicitly reserves the right to tell creators their characters aren’t original enough to get the bonus, warning that “the decisions are final” and not subject to appeal. DC uses the same measure; in 2015, the studio was criticised for cancelling payments to writer Gerry Conway for his character Power Girl, which the company retroactively decided was derivative of Supergirl and therefore ineligible for the contract, according to Conway. He no longer receives payments for her, he confirmed to the Guardian. DC did not respond to request for comment.

The Power Girl incident highlights how ethically fuzzy these contracts are, since they’re issued by DC and Marvel, drawn up unilaterally by the companies, and paid out when the companies account for their many films, TV shows, video games, trading cards, action figures and sundry other merch. One creator, who asked to remain anonymous, said he and other creators sometimes go to Target to take pictures of action figures of their characters for which payments are due, to demonstrate that their cheques are short.

DC and Marvel came into their own at a time of change in copyright law. The Copyright Act of 1976 gave artists the one-time right to cancel their contracts with IP holders, an option many exercised after witnessing the mistreatment of Superman creators Jerry Siegel and Joe Shuster, who were left penniless. Artist Al Jaffee once claimed his pay cheques from EC Comics were issued with contracts on the back, so he couldn’t cash them without signing over the rights to his work. This was a common practice throughout the industry, including at Marvel, and one that was reevaluated in the wake of the act.

As comics publishers evolved into major media operations, their staff grew concerned about mistreatment of talent. There were famous fights over royalties, and thorny questions over what credit was due to thousands of co-creators working in a shared universe. In 2000, a consortium of publishers founded a charity to directly aid artists who’d fallen on the hardest times, called the Hero Initiative. (Marvel is a founding member, and AT&T lets employees donate directly from their paycheques.) By the 1980s, people who worked in comics at every level were fans, in the same way that even the ushers on Broadway can sing and dance if called upon. In 1986, DC editor Paul Levitz and DC president Jeanette Kahn were working on new schemes to more fairly compensate writers and artists. Moore, Gibbons, and Miller’s contracts were meant to usher in a new era of fairness. It was a long time coming: some were already looking askance at DC after its treatment of Siegel and Shuster came to light during the production of the 1978 film Superman.

But Moore and Gibbons’s Watchmen was a huge success, going through multiple reprints – unprecedented for a graphic novel – and DC never had to let its right to republish lapse, so it never did. The pair had a right to a share of merchandise profits; DC produced merch, classified it as “promotional items” and told Moore and Gibbons they weren’t owed anything. The vaunted in-house contracts that can make creators’ lives livable can always be subverted.

To the extent that there is any semblance of fairness in the industry now, it’s primarily Levitz’s doing, alongside Kahn and Karen Berger, who is now at Dark Horse Comics. Levitz left DC in 2009, but his influence is still felt across the industry.  “You want to create a situation where you never get to the old Russian joke where they pretend to pay us, and we pretend to work,” Levitz says. “You want people to win when the companies win. I’m proud of the fact that we improved the quality of how we treated creative people.” More than one creator recounts calling Levitz to ask for more money because of a scene in a lucrative Batman movie that lifted plot points or names from their work, then being shocked when they got it.

Many of his peers say that Levitz was a bulwark against meddling by executives at Warner Brothers. For years, he blocked the publication of Watchmen sequels, of which Moore and Gibbons disapproved – something DC did soon after Levitz left, to widespread condemnation. Without another Levitz, the “big two” are once again attracting the criticism that led to the creation of these elusive “special” contracts in the first place. Some creators have left the medium entirely, but others have founded their own studios, such as Image and Dark Horse, providing creators with alternative outlets. As Marvel and DC may find, more creators – Brubaker and Jupiter’s Legacy creator Mark Millar are already among them – will simply not work for them again.

https://www.theguardian.com/books/2021/aug/09/marvel-and-dc-face-backlash-over-pay-they-sent-a-thank-you-note-and-5000-the-movie-made-1bn?CMP=oth_b-aplnews_d-1

Wednesday, November 25, 2020

The 2020 Election Wasn't 'Stolen.' Here Are All The Facts That Prove It.

 (By Andrew Romano and Jon Ward, Yahoo News, 12 November 2020)

 The United States has been conducting presidential elections for 232 years. No modern candidate has ever refused to accept the results and recognize the winner’s legitimacy.  In this sense, 2020 could be different from any contest since the Civil War — if President Trump continues to claim that President-elect Joe Biden “stole” the election from him.

But every indication is that the 2020 election, conducted in the midst of a pandemic, with by far the most votes ever cast, was run honestly and the results tabulated accurately — a tribute to the professionalism and integrity of officials across the country.

Before Election Day, the Trump administration invited a delegation of 28 international experts from the Organization of American States, which has reported on elections around the world, to observe the vote. Its preliminary report found zero evidence of significant fraud.

The New York Times recently spoke to top election officials in 49 of 50 states. Not one, Democrat or Republican, reported “that fraud or other irregularities played a role in the outcome of the presidential race.”

On Nov. 12, the coordinating council overseeing the voting systems used around the country said in an unprecedented statement distributed by Trump’s own Cybersecurity and Infrastructure Security Agency (CISA) that “the November 3rd election was the most secure in American history” and that “there is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”  “While we know there are many unfounded claims and opportunities for misinformation about the process of our elections,” the statement continued, “we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too.”

And the head of CISA has spent the last week explaining on Twitter and on the agency’s “Rumor Control” website why none of the stories of so-called fraud that Americans may be encountering on social media or alternative news sites represent anything out of the ordinary.

Yet these ominous-but-ultimately-overblown stories continue to circulate online — stories of pollsters falsifying their surveys to hurt Trump, of dead people voting, of observers being blocked from watching the count, of mysterious batches of Biden votes suddenly materializing in Democratic cities, of computer glitches changing the results, and so on.As a result, millions of people continue to worry that maybe something happened in 2020 that’s never happened before. They wonder if maybe the election was stolen. 

It wasn’t.

What follow are the facts, and just the facts, on each of the major “fraud” rumors flooding your inbox and your newsfeed.

Even if all of these rumors were true, which they aren’t, they wouldn’t add up to enough votes to overturn the outcome: Biden is on track to beat Trump by 5 million votes nationwide and by tens (or even hundreds) of thousands of votes in key states.  And while some allegations could end up exposing real fraud — because real fraud happens in every election — history shows that such incidents will be few, far between and ultimately inconsequential.

In 2014, Loyola Law School professor and voting expert Justin Levitt investigated every general, primary, special and municipal election held since the year 2000. Of more than 1 billion ballots cast, he found just 31 credible instances of potential voter impersonation, which is one of a few ways that cheating can actually occur.

RUMOR: Democrats and Dominion Voting Systems tampered with computers to change the results

REALITY: Officials quickly fixed isolated glitches and accidents, only two of which involved Dominion and none of which affected the final vote count

No election goes off without a hitch, and in the internet era, technology can compound some of the usual mistakes. But there’s a big difference between Democrats conspiring with Dominion Voting Systems to “hack” election and delete Republican votes and the kind of minor, easily detectable and correctible data-entry accidents and software glitches that complicate any computer-based enterprise.

The first is what Trump & Co. darkly speculate, without evidence, to have taken place in close-run states.  The second is what actually happened.

Consider the example of Antrim County, Mich., a Republican stronghold where unofficial results initially showed Biden beating Trump by roughly 3,000 votes — a sharp reversal from Trump's performance there in 2016. Trump supporters flagged the discrepancy. Tweets about it went viral. Soon conservatives such as Ted Cruz were calling for investigations and alleging that maybe the same election-management software used in Antrim County (Dominion Voting Systems) had screwed up the statewide count.

Experts eventually figured out what went wrong: An election worker had “configured ballot scanners and reporting systems with slightly different versions of the ballot, which meant some results did not line up with the right candidate when officials loaded them into the system,” according to the New York Times. By then local officials had already caught and corrected the error — even before another round of review conducted by Republican and Democratic “canvassers” that is designed to catch such mistakes. In the revised count, Trump beat Biden by roughly 2,500 votes.

But these facts haven’t deterred Trump allies from seizing on other, unrelated examples of routine tech-related errors to falsely insinuate some sort of nefarious conspiracy involving Dominion. In Oakland County, Mich., election workers mistakenly counted votes from the city of Rochester Hills twice, according to the Michigan Department of State — then spotted and fixed their error. An incumbent Republican county commissioner kept his seat as a result.

“As a Republican, I am disturbed that this is intentionally being mischaracterized to undermine the election process,” Tina Barton, the clerk in Rochester Hills, said in a video she posted online. “This was an isolated mistake that was quickly rectified.”

Oakland County used software from a company called Hart InterCivic, not Dominion.

Meanwhile in Georgia, glitchy software updates affected how poll workers checked in voters in Spalding and Morgan counties, which both halted voting for a few hours. In another Georgia county, Gwinnett, a different glitch delayed the reporting of results.  Gwinnett County used Dominion; the other counties did not. In any case, the issues did not affect the counts. Trump won Spalding County by 21 points and Morgan County by 42; Biden won Gwinnett by 18.

Elsewhere, fringier far-right activists have vaguely theorized that secret CIA computer systems called “Hammer” and “Scorecard” hacked the election on Biden’s behalf, pointing to momentary inconsistencies in CNN’s unofficial, on-air vote tallies for the 2019 Kentucky gubernatorial race as evidence. There is no proof that Hammer and Scorecard exist, and even if they did, experts say they would not be able to intercept the digital transmission of vote results and change them without being detected; officials always compare the transmitted results to paper receipts from the original machines before certifying the outcome.  “The Hammer and Scorecard nonsense [is] just that — nonsense,” tweeted Cybersecurity and Infrastructure Security Agency director Chris Krebs. “This is not a real thing, don’t fall for it and think 2x before you share.”

Yet Twitter and Facebook posts from Trump and White House press secretary Kayleigh McEnany falsely implied that the isolated issues in Michigan and Georgia were signs of widespread problems with the election. On Thursday, the president even went so far as to tweet that Dominion itself had deleted millions of his votes — a claim with no basis in reality. He followed up Sunday and Monday by echoing baseless conspiracy theories alleging Democratic control of Dominion, which have been debunked as well. The president has not provided a shred of proof that software switched or deleted a single one of his votes — let alone the tens or even hundreds of thousands he would need to overturn his losses in Michigan, Georgia and elsewhere.

Not to be deterred, however, Georgia’s two Republican senators, who are jockeying for advantage in their Jan. 5 runoff elections, called on Brad Raffensperger, the state’s Republican secretary of state, to resign because he had “failed the people of Georgia.”

“That is not going to happen,” Raffensperger said in a statement. “My job is to follow Georgia law and see to it that all legal votes, and no illegal votes, are counted properly and accurately. … As a Republican, I am concerned about Republicans keeping the U.S. Senate. I recommend that Senators Loeffler and Perdue start focusing on that.”

RUMOR: Biden won only because of ‘illegal’ votes

REALITY: Actual illegal votes are rare, and the courts are considering all credible charges

In every election, some people cast ballots that end up not counting because they run afoul of state election law for one reason or another. It’s critical to the integrity of the election — and public trust in America’s democratic process — that officials identify and disqualify such votes. Every state has numerous safeguards in place to ensure that’s exactly what happens.

But the mere existence of irregularities doesn’t invalidate an election. If it did, no election would be valid. Scale is important here, too. Illegal votes can affect the outcome only if enough of them benefit the winner to potentially account for his or her entire margin of victory.  “One would have to show, at minimum, more illegal votes than the margin between the candidates,” Richard Hasen, a law and political science professor at the University of California, Irvine, and a nationally recognized election law expert, recently explained. “That would be quite an extreme scale of fraud. Let’s see what the evidence is.”

The evidence of illegal votes in the 2020 election has been exceedingly thin.

One of the most detailed complaints about the possibility that ineligible voters cast ballots, or that votes were manufactured, came in a lawsuit filed in Michigan on Nov. 9. A pro-Trump lawsuit against the city of Detroit, filed by the Great Lakes Justice Center, claimed that election workers were told not to check signatures on mail ballots, that extra mail ballots were brought in and all counted for Biden, that election workers backdated mail ballots so they could be counted, and that they “used false information to process ballots.”

The lawsuit also claimed election observers were blocked from watching vote counting at key moments, that votes from ineligible voters were counted and that a handful of city workers “coached” voters to cast ballots for Biden.  But the city filed a detailed response, knocking down the allegations and saying they reflected “an extraordinary failure to understand how elections function.”

Election workers at the TCF Center, a Detroit convention center where much of the county’s vote tabulation took place, were instructed not to check mail-ballot signatures during the count, the city said, because signature matching had already been done before the ballots arrived at the facility.

Complaints made in the Great Lakes lawsuit about mail ballots — known in Michigan as absent voter ballots — being backdated, with the implication that they had arrived after Election Day, were also plainly false, the city said. “No ballots received by the Detroit City Clerk after 8:00 p.m. on November 3, 2020 were even brought to the TCF Center,” the city’s attorneys wrote. “No ballot could have been ‘backdated,’ because no ballot received after 8:00 p.m. on November 3, 2020 was ever at the TCF Center.”

As for the notion that ineligible votes were counted, or that votes were concocted out of thin air and assigned to names of people who didn’t vote, the city said that what Republican observers inside TCF really saw was election workers correcting an error by some election workers at satellite locations, who failed to complete a process that allowed some mail ballots to be counted. It was necessary to enter the date for these ballots to allow them to count, the city said.  “Every single ballot delivered to the TCF Center had already been verified as having been completed by an eligible voter,” the city said.

The charge of extra ballots being brought in was related to the arrival of blank ballots that were sent to TCF for use by election workers. These ballots were given to election workers so they could function as duplicate ballots in case legitimate ballots were damaged and could not be read by voting machines, the filing said.  “Michigan election law does not call for partisan challengers to be present when a ballot is duplicated; instead, when a ballot is duplicated as a result of a ‘false read,’ the duplication is overseen by one Republican and one Democratic inspector coordinating together,” Detroit’s lawyers wrote. “That process was followed, and Plaintiffs do not — and cannot — present any evidence to the contrary.”

The Trump campaign, in a lawsuit of its own filed Tuesday in the U.S. District Court for the Western District of Michigan, claimed there were cases in which “ballot duplication was performed only by Democratic election workers, not bipartisan teams.” This claim has already been dismissed in one lawsuit filed last week by the Trump campaign in Michigan’s Court of Claims.

The accusation of “false information” was based on records that list some voters as having been born in the year 1900. The city said some mail ballots that arrived between Sunday night and Tuesday — all before the close of polls on Tuesday night — needed to have the birth date manually entered due to a software “quirk.”

Election workers entering the birth date for those ballots used Jan. 1, 1900, as a “placeholder date” until the ballot entry could be matched to the voter’s entry in the state voter file. “That birthday will appear in several places in the electronic poll book record for a limited period,” the city said.  That leaves the allegation of city workers “coaching” voters to cast ballots for Biden, a claim made by a city worker named Jessy Jacob in the lawsuit.

The city said that if this were true it would be “contrary to the instructions given to workers at the satellite locations,” but also said it was “curious that Ms. Jacob waited until after the election to raise these allegations.”  The city noted that Jacob had been furloughed prior to the election, was brought back to work during election season in September and was furloughed again immediately after the election.  The filing also pointed to evidence on social media that two of the individuals who signed affidavits in the Great Lakes lawsuit were adherents of the pro-Trump QAnon conspiracy theory.

The Detroit lawyers also pointed out that Trump received almost three times as many votes in Detroit in the 2020 election as he did four years ago: 12,654, up from 4,972 in 2016. (The vote for Biden in Detroit this year was just under 234,000, which was about 1,000 votes less than Hillary Clinton’s total in 2016. But Biden won the state by almost 150,000 votes.)

“Nothing about those numbers supports the theory of fraud being advanced. Nothing about those numbers supports the completely unsubstantiated claims of tens of thousands of improperly processed ballots,” the city said.

RUMOR: ‘Dead people’ voted for Biden

REALITY: The Trump campaign hasn’t been able to produce more than one or two potential examples of ‘dead people’ casting ballots (and no one knows who they voted for)

It’s a perennial claim in American politicsThe only reason my candidate lost is because a bunch of dead people voted for your candidate. And Trump ally Lindsey Graham, the recently reelected Republican senator from South Carolina, is its latest proponent.

“The Trump team has canvassed all early voters and absentee mail-in ballots in Pennsylvania, and they have found over 100 people they think were dead [and] 15 people that we verified that have been dead who voted,” Graham said during a Fox News interview. “Six people registered after they died and voted. In Pennsylvania, I guess you’re never out of it.”

Graham isn’t alone in accusing the deceased of meddling in the election; members of Trump's family and supporters like former House Speaker Newt Gingrich and former acting Director of National Intelligence Richard Grenell have repeated similar charges. Meanwhile, a series of viral tweets and videos shared by Trump fans have also accused various Michigan residents — some with birth dates from the turn of the 20th century — of casting absentee ballots from beyond the grave.  The implication is that somehow Democrats filled out and fraudulently submitted ballots in the names of dead people in order to lift Biden to victory.

But that just doesn’t compute.

In reality, 13 states actually count absentee ballots submitted by living voters who then die before Election Day, according to the National Conference of State Legislatures. So some of these so-called illegal votes are, in fact, perfectly legal.  Elsewhere, states prohibit counting the votes of people who are no longer alive. They do this in two ways: by disqualifying the early votes or mail ballots of residents who wind up dying before Election Day and/or by promptly flagging voters who have recently died so officials can cross-reference the voter rolls and discount any ballots cast in their name.

It’s a complicated, fast-moving process, and sometimes the human beings in charge of it make mistakes. One viral video, for instance, purports to show that “118-year-old ‘William Bradley’ voted via absentee ballot in Wayne County, Mich.” But what actually happened, according to Politifact, is that Bradley’s son — also named William Bradley and residing at the same address, but not born in March 1902 and definitely not deceased — voted with his own ballot, which officials then incorrectly attributed to his father.  “No ballot was cast for the now deceased Bradley,” Politifact explained. “This was a clerical error, not voter fraud.”

Another Michigan voter, named Donna Brydges, was also cited in viral pro-Trump videos because her birth date was listed as 1901 in the state’s qualified voter database. Turns out that Brydges is 75 and voted legally; her DOB was merely a placeholder.

“It is important to note that some state registration systems indicate a missing date of birth by adopting filler dates, such as 01/01/1900, 01/01/1850, or 01/01/1800,” a 2017 report about duplicate voting from the Government Accountability Institute noted. “The vast majority of votes cast by individuals appearing to be over 115 years old had these three erroneous birthdates.”

Likewise, CNN recently checked 50 of the more than 14,000 names on a list of allegedly dead-but-registered Michigan voters making the rounds on Twitter and found that only five of them voted in 2020 — and all five are, in fact, alive.  None of the 37 actually dead people in CNN’s sample cast a ballot.

Whatever the exact figures, we’re talking about a small handful of ballots here — nowhere near the number Trump would need to catch up in Michigan, where he trails by about 147,000 votes, or Pennsylvania, where he trails by 45,000. A suit filed by a conservative foundation in Pennsylvania alleged that the state included 21,000 dead people on its voter rolls. But “the court found no deficiency in how Pennsylvania maintains its voter rolls,” according to a spokeswoman for the state attorney general’s office, and “there is currently no proof provided that any deceased person has voted in the 2020 election.”

And even then there’s no reason to think the dead favor Democrats over Republicans. In October, a man in Luzerne County, Pa. — a registered Republican — was charged with felonies after trying to apply for a mail ballot in his dead mother’s name. On Nov. 7, meanwhile, Trump campaign adviser Corey Lewandowski provided what he said was “one concrete example” of dead-voter fraud, pointing to an obituary for Denise Ondick of West Homestead in Allegheny County, Pa., who died on Oct. 22 — one day before election officials received her application for a mail-in ballot, according to online records from the Pennsylvania Department of State, and 11 days before the county received and recorded her vote. The Trump campaign has cited a single, similar incident in Nevada.

In an interview with the Philadelphia Inquirer, Ondick’s daughter said she helped her mother fill out an application for a mail ballot in early October, before the elder Ondick died of cancer, but that she could not explain why the ballot had been sent in after her mother’s death. Ondick’s husband said he couldn’t recall doing anything with the ballot.  Ondick’s daughter also said her mother had planned to vote for Trump.

Lewandowski said Ondick was “one of many” examples of dead-voter fraud the Trump campaign would be asking the courts to review. So far, the campaign has not revealed any additional details or mentioned any other specific cases.

RUMOR: Democrats blocked Republican observers from watching the count

REALITY: Republican lawyers for the Trump campaign have admitted in court that this is false

Republicans have focused these complaints on Detroit and Philadelphia.  “We’re seeing this pattern in Democratic city after Democratic city, but the worst of the country right now is Philadelphia, Pennsylvania, were they’re not allowing election observers in, despite clear state law that requires election observers being there, despite an order from a state judge saying election observers have to be within 6 feet of the ballot counting,” Sen. Ted Cruz, R-Texas, said on Nov. 5, on Sean Hannity’s Fox News show.  “I am angry and I think the American people are angry because by throwing the observers out, by clouding the vote counting in a shroud of darkness, they are setting the stage to potentially steal the election,” Cruz said.  These allegations were repeated by Sens. Josh Hawley, R-Mo., and Lindsey Graham, R-S.C. 

But the Trump campaign’s own lawyers acknowledged in a hearing that there have been Republican observers in the room at all times since mail ballots began to be opened and counted at the Pennsylvania Convention Center.  “Their counsel admitted at the hearing, after questions from the court, that they had several representatives in the room,” said the Philadelphia City Commissioners in a statement.

The commissioners, two Democrats and one Republican who oversee voting in the city, said there were between 15 and 19 Republican observers present all day on Nov. 5.  Hawley also said that “some states [were] going to court to try to stop poll watchers, people just observing the ballot counts.”  “I mean, that is deeply, deeply disturbing,” he said.

That was another false claim. The city of Philadelphia appealed a ruling that partisan observers should be allowed to oversee the work of election officials from as close as 6 feet away. There was never an allegation in the suit that poll watchers were being barred from the room.  The Trump campaign’s lawsuit had alleged that its observers, who were in the room with unobstructed views, wanted to get closer so they could challenge individual mail ballots if there was no signature on the outer envelope, or if the voter had written the wrong date on the envelope.

The city’s appeal argued that state law does not permit those kinds of challenges, a decision the state legislature made in recognition that allowing challenges to individual ballots would slow down the processing of a historic number of mail ballots during the COVID-19 pandemic.  Challenging the eligibility of voters to cast mail ballots had to be done when the ballots were requested, Tammy Bruce, a former Arizona elections official, told Yahoo News.

Observers in the room are entitled to see that mail ballots are being examined for signatures and that they were properly placed inside a privacy envelope, and to monitor for anything else of concern, such as the destruction or discarding of ballots.  Gingrich, also on Fox, claimed poll watchers had been “physically excluded” from overseeing vote counting.

He pointed specifically to Detroit, where there were complaints about election officials covering the windows of a counting room at the TCF Center.  “You have a precinct where you don’t let anyone in. They’re boarded up,” Gingrich claimed. “I would take every precinct that blocked poll watchers and not count their votes.”  But a Detroit city attorney said the windows were blocked because ballots were being counted closely enough to them that members of the public could take photos that might disclose the privacy of voters’ ballots.  There were “hundreds of challengers from both parties … inside the Central Counting Board all afternoon and all evening,” said Detroit attorney Lawrence Garcia.

The city of Detroit noted in a court filing that “more than 200 Republican challengers were present at the TCF center, and at no time were they limited to fewer than one challenger for every Absent Voter Counting Board. While six feet of separation was necessary for health reasons, the Department of Elections provided large computer monitors at every counting board, so that challengers could view all information as it was inputted into the computer.”  “When it became clear that the number of challengers had reached or exceeded the lawful quota and the room had become over-crowded, additional challengers were not admitted until challengers from their respective parties voluntarily departed.”

When Yahoo News asked Gingrich what proof he had of observers being “physically excluded” from vote-counting centers, a Gingrich spokesman essentially admitted there was none. “With regard to the people being kept from watching ballots being counted, we now have a better understanding of the situations in Philadelphia and Detroit,” said Louie Brogdon, editorial director of Gingrich 360, a consulting and media production firm.  “When Speaker Gingrich made his earlier comment, he was speaking on the best information he had at the time,” Brogdon said.

RUMOR: Democrats suddenly ‘found’ new, fraudulent Biden votes to beat Trump

REALITY: Counting mail ballots took a long time in some states, like Pennsylvania, because the Republican Party blocked reforms that would have avoided this problem

In the days after Election Day, Trump said several times that Democrats were trying to cheat him by “finding” votes for Biden.  “They are finding Biden votes all over the place — in Pennsylvania, Wisconsin, and Michigan. So bad for our Country!” the president tweeted just before noon on Wednesday, Nov. 4.  His mention of those three states is telling. They are the same ones that Yahoo News was writing about for three months leading up to the election, raising awareness about what one Pennsylvania Republican warned in September was a “man-made disaster … that easily could be avoided.”

The disaster happened. It didn’t have to. And it created space for the president to falsely claim that votes were being “found” when in fact they were simply being counted in a delayed fashion. The delay was caused — seemingly intentionally — by the Republican Party itself. 

Here’s what happened. After the outbreak of COVID-19 in the late winter and early spring, most states allowed all voters to cast ballots by mail in the spring and early summer, during primary elections. Over the summer, some states moved back to a focus on in-person voting. But most stuck with expanded access to voting by mail.  For many states this was new. But five states have conducted their elections by mail for years now: Colorado, Utah, Washington, Oregon and Hawaii. Two more, Arizona and California, have done their elections mostly by mail for a few years.

As states moved to voting by mail, most had rules that allowed election clerks to process those ballots as they arrived. As Ohio Secretary of State Frank LaRose, a Republican, told Yahoo News in August, “We can start processing those right away, meaning: Cut the envelope, open, verify the information on it, put it through the scanner, but not hit ‘tabulate.’ That can’t happen until 7:30 on election night.”  As a result, Ohio had most of its mail ballots counted early on election night. Most states did.  But Wisconsin, Michigan and Pennsylvania — the same three states mentioned by Trump in his tweet — refused to make a change allowing clerks to process mail ballots like the rest of the country.

Action was needed from the state legislature, and in all three states the Republican Party held majorities in both the state Senate and the state House.  LaRose himself warned of a “really terrible situation” if these legislatures didn’t make a simple change, giving clerks time to process mail ballots before Election Day.

In other words, the GOP knew its lack of action was going to delay the counting of mail ballots by several days, and either did nothing or — as in the case of Michigan — gave clerks one day ahead of Election Day to process mail ballots, rather than the week or two that experts and election officials recommended.

In Pennsylvania, Republicans at first allowed clerks to start processing mail ballots 21 days before Election Day, but then cut that down to three and included a number of “poison pill” ideas in its bill that guaranteed Democrats would oppose it.

There has been no evidence of ballots being added. That has happened before in Philadelphia, but on a very small scale. In May, an election judge there pleaded guilty to adding a total of 113 votes over three elections from 2014 to 2016 to help judicial candidates running for a local court.  The point made by LaRose and other Republican experts is that even isolated examples of cheating, which do happen, do not add up to a conspiracy. To manipulate tens of thousands of votes without detection is not possible given the multiple layers of security and accountability involved in running elections, experts say.  One of those layers is the postelection audit that each state conducts itself to ensure that the result was accurate.

RUMOR: Pollsters falsified their results to suppress the GOP vote

REALITY: Republicans turned out in record numbers even though pollsters mistakenly underestimated Trump again

Last Thursday, Trump told reporters that pollsters had deliberately produced false surveys showing Biden with a big lead in order to suppress Trump votes and help Biden win the election.  He followed up Monday night with a series of tweets repeating the same claim.  “.@FoxNews, @QuinnipiacPoll, ABC/WaPo, NBC/WSJ were so inaccurate with their polls on me, that it really is tampering with an Election,” Trump wrote. “They were so far off in their polling, and in their attempt to suppress - that they should be called out for Election Interference … ABC/WaPo had me down 17 points in Wisconsin, the day before the election, and I WON! In Iowa, the polls had us 4 points down, and I won by 8.2%! Fox News and Quinnipiac were wrong on everything… The worst polling ever, and then they’ll be back in four years to do it again. This is much more then [sic] voter and campaign finance suppression!”

Trump is right about one thing: Pollsters again underestimated the president’s support in key (mostly Midwestern) states such as Iowa and Wisconsin, four years after he first beat his Rust Belt polling numbers to eke out a narrow Electoral College victory over Hillary Clinton.  Trump is wrong, however, that this polling miss was part of some sort of plot to propel Biden to the presidency.  There are two reasons for this. First, these errors are the opposite of deliberate — instead, they’re a source of embarrassment for pollsters nationwide. And second, even if they had been deliberate, they didn’t actually “work.” They didn’t stop Republicans from voting.

Polling is a business, and accuracy is the coin of the realm. As Fox News contributor Liberty Vittert, a data science professor at the Washington University in St. Louis, recently explained, “Pollsters poll on many more issues than political campaigns, and their businesses depend on their reputations for accurate polling.”

To believe that dozens of pollsters independently falsified their results to boost Biden, in other words, you’d also have to believe that somehow they were all independently willing to sabotage their reputations and hurt their businesses on the slim chance that Trump’s passionate base would see Biden’s inflated numbers and decide to stay home.  “The president’s accusation doesn’t make sense,” Vittert wrote. “Think about it: why would any business hire a pollster if it thought the polling was inaccurate?”

Instead, the truth is that pollsters labored mightily to improve their methodologies after missing a lot of non-college-educated white Trump voters in 2016 — and now, in 2020, they’ve missed again, perhaps because many of those voters simply aren’t as willing as highly engaged, COVID-era Democrats to pick up the phone and participate in a practice they’ve already rejected as “fake news.”

This phenomenon is called non-response bias. Pollsters are not proud of their failure to correct for it.  “The reason why the polls are wrong is because the people who were answering these surveys were the wrong people,” pollster David Shor recently explained. “The problem [is that] one group of people [is] really, really excited to share their opinions, while another group isn’t. As long as that bias exists, it’ll percolate down to whatever you do.”

The flip side of this phenomenon, as Shor put it, is that “these low-trust people still vote, even if they’re not answering these phone surveys.” The 2020 results bear this out. Not only did Trump receive more than 72 million votes — the second-most in U.S. history, after Biden’s 78 million — but Senate Republicans in Texas, Michigan, Colorado, North Carolina and Georgia actually beat the president’s share of the vote in their respective states.  Together, these stats suggest that far from being discouraged by Trump’s unpromising poll numbers, Republicans turned out in force on Nov. 3. It’s just that more people voted for Biden.

https://www.yahoo.com/news/the-2020-election-wasnt-stolen-here-are-all-the-facts-that-prove-it-184623754.html