Thoughts on an Indictment

The first indictment of Donald Trump has landed.  Certainly there are more to come.  In the meanwhile, the indictment by the New York City grand jury and prosecutor has already created feverish media reactions and the expected bombast from the former U.S. president.  What to make of it all?  These thoughts come to mind.

The Media

In our digital age, the mainstream (traditional) media are also all about attracting eyeballs, most especially our television news programs.  Thus, the coverage to this point–before the indictment charges are even revealed–has been, well, hysterical.  It’s odd, isn’t it?  Trump refers to them as the “Fake News” media, and yet he is able to play them to his advantage like a fiddle.  They cannot get enough of him, his antics and his predicaments.  He is addicted to their attention, and they are happy to provide it. Continue reading “Thoughts on an Indictment”

Is the Rule of Law a Chimera?

The term “chimera” has come to describe . . . anything composed of disparate parts or perceived as wildly imaginative, implausible, or dazzling.  Wikipedia

We are hearing about the Rule of Law quite a lot these days in the nation’s political dialogue.  I am wondering how the phrase is hitting the American ear.  Is it properly understood?  Is it considered important?  Why are we hearing it now only from one side of the political aisle?  Does it matter?  Does it exist?

The basic premise of the Rule of Law is easy to understand.  No one is above the law.  Everyone is equal under the law.  The law plays no favorites.  More dramatically, the Rule of Law is a sine qua non of democracy itself, of the people’s self-rule.  Without Law’s Rule, there can be no democratic form of government.  If any person or group is above the law, then by definition there is no democracy.  There is either autocracy or totalitarianism. Continue reading “Is the Rule of Law a Chimera?”

Language Habits III (A series of occasional rants)

Language evolves over time.  It can also be trendy.  Here’s the difference: Water carves mountains out of stone over millennia.  Many generations pass by the same local mountain, noticing none of these tiny developments.  This is a mountain evolving.

Water carves out snow lickety split.   Relative to the evolution of language, this is more like word or phrase trendiness.  It comes and goes.  And my gripe is with much of this trendiness.  So here goes Round III. Continue reading “Language Habits III (A series of occasional rants)”

In the Eye of Concrete Crime

Note to Readers:  The events described here occurred well before I knew I would spend my working career investigating and writing about white-collar crime.  Perhaps these events played a subconscious role in my career arc.  Personal names in this story have been changed to protect privacy.  The photos are stock photos, not from my time on the job.

I will not forget my last summer job during my college years.  Ever have to work a job that appeared to carry the risk of being thrown into the Mississippi River in a pair of concrete boots?

Worker smoothing new concrete on street

I was working for the City of Minneapolis as a “paving test aide.”  Not exactly an evocative title, nor a particularly illuminating one.  Still, it is a rather precise name for the role.  With several other young college men, I was a quality control inspector for materials being used to pave the city’s streets in concrete.  It was a civil service job that paid well.  Most of my young summer colleagues were engineering students at the University of Minnesota.  I was a journalism major, but I had studied enough science in college to pass the civil service examination in chemistry that was required for the job.

It was my third summer in the job at the City’s Paving Test Laboratory.  The first two summers I worked exclusively in the Lab, putting sample concrete cylinders from our various street construction sites under pressure to see how much they could take before they would crack (to ensure the concrete being poured at the jobs met strength standards), and testing samples of rocks and sand from the City’s stockpiles to see that they did not contain too much moisture before being added to the cement and water to make concrete.  Too much moisture in the concrete mix weakens the concrete.  The work was quiet, routine, and relaxed.

I started again in the Lab at the outset of my third year, but about a month in I was transferred to the other wing of the role:  supervising actual construction of streets in the field.  And this is where I ran into trouble. Continue reading “In the Eye of Concrete Crime”

Affection Harvested in Autumn

He was the scion of one of the wealthiest mercantile families in a small industrial city in the Middle West.  She was the daughter of the descendants of the Irish and German immigrants who had populated the city in the 19th century.  Both received their grammar school educations at St. Benedict Catholic School, 13 years apart.  He went East for his high school education in private schools.  She graduated from the local public high school.

He went on to Yale, where he graduated in 1924 with a degree in engineering and where he was elected to the Torch Society, which honored the 10 outstanding juniors for their achievements.  He was also an exceptional athlete, especially excelling in track and field events, while also playing the offensive end position on two undefeated Yale football teams in 1923 and 1924.  In the latter year he was named to the nation’s All-America football team and voted Yale’s best all-around athlete.

She studied at the local state college for one semester, majoring in English, before dropping out during the Great Depression to work in order to help her large family.  She had wanted to be a writer, and in fact had written a novel during grammar school.

He was handsome and gifted and a sportsman.  She was beautiful and multi-talented and a sportswoman.  He was Anton Hulman, Jr.  She was my mother-to-be, Dorothy Cleary. Continue reading “Affection Harvested in Autumn”

Will the U.S. Prosecute the Former President for Insurrection and Other Crimes?

No doubt you have noticed the ongoing question of whether and when the U.S. Attorney General, Merrick Garland, will prosecute Donald Trump for alleged crimes he committed in the period leading up to the 2020 election and thereafter.  While the House of Representatives Select Committee to Investigate the January 6 Attack on the United States Capitol has already publicized evidence of presidential crimes, the Attorney General has been silent on the status of investigations into the former president’s conduct regarding his effort to have the election of President Joe Biden overturned, which led to the insurrection at the nation’s capitol on Jan. 6, 2021.  Meanwhile, according to a poll released this week, almost 60 percent of Americans believe Trump should be prosecuted for crime in connection with the insurrection. Continue reading “Will the U.S. Prosecute the Former President for Insurrection and Other Crimes?”

Whither the Supreme Court? Notes on Law, Abortion and Religion

For more than 30 years I taught the sociology of law to both undergraduate and graduate university students.  We considered how American law developed, how it was applied to persons and groups, and with what effects on them and on the broader society.

When discussing the U.S. Supreme Court, I emphasized that the traditional law school approach to its decision-making was wrong.  There, students have been commonly trained that legal reasoning is a learned skill much like that in scientific work.  It is based on principles of deduction, according to which judges make decisions about laws by logically figuring out how the principles established in earlier court decisions–precedents–apply to the current dispute before them.  In this perspective, judicial decision-making–especially in the higher courts with the best trained lawyers–is a matter of technique.  It produces the correct legal answers based on facts and reason, free of bias and personal belief.  Competent practitioners, therefore, should reach the same, right, answers.

Although the American legal establishment placed a lot of faith in this account, and asked the nation to do the same,  it was never a true story.

Of course, if it were, how could the Supreme Court issue so many decisions with 5-4 votes?  More dramatically now, how could it be that today’s Supreme Court appears to be little more than a radical Right redoubt, one on the verge of retracting a basic right finally granted to women by the Court almost 50 years ago? Continue reading “Whither the Supreme Court? Notes on Law, Abortion and Religion”

The GOP Is Ground Zero for American Racism

For a while there have been versions of this saying:  Not all Republicans are racist, but if you are a racist the Republican Party is the party for you.

Now this may be taken in either of two ways in terms of the GOP.   The less consequential–even somewhat anodyne–meaning is that American racists are attracted to the Republican Party because it has long favored tough-on-crime policies and low taxes/small government policies, which have always translated into harsh punishments of and weak federal support for poor people, among whom minority populations figure disproportionately.  This view can seem to insulate the Party itself from charges of racism and racial animus.

The other way of reading the statement is not only less forgiving–it is condemnatory.  This view asserts that the Party itself is racist at its core.  Its basic principles and fundamental operations are racist.  They are dedicated to the protection and strengthening of white dominance–and domination–in the United States.  They are racially exclusionary.  Today, in the 21st century, the Republican Party is the nation’s beating heart of systemic racism at both the national and state levels.  It is the principal mechanism of institutional discrimination against minorities of color.  As a result, whether or not individual Republicans feel that they are racist, supporting today’s GOP while remaining silent on its racist policies is itself a racist act.

Sadly, there is no plausible argument against this second reading.  There is no rational or factual way to challenge this conclusion.  There is only the denial of truth, something else that the GOP has adopted as a routine part of its operations that serves its racist purposes. Continue reading “The GOP Is Ground Zero for American Racism”

Language Habits II (A Series of Occasional Rants)

Alright, I am going to make a point of this one last time.  Then I am going to bury my revered high school Latin textbook in the backyard, in the sacred ground deep beneath my cat’s ashes.  DATA IS PLURAL!

And that sentence is the only way to say correctly “Data is”!

My former colleagues in the press seem to have long ago given up on the correct usage of “data.”  Even television doctors commenting on the pandemic data, people trained in a science that has long drawn heavily on Latin words and roots, routinely mess up the use of “data.”  You know what the singular word for “data” is?  It is datum which, I agree, does not roll easily off the tongue.  But we don’t need a single datum.  We need an “are.”

So goodbye to “Data are . . .”  RIP with the language of the ancients–and my beloved cat. Continue reading “Language Habits II (A Series of Occasional Rants)”

Adieu, My First Kiss

I first spotted her while splashing around with friends in the large Elks Club swimming pool.  I still see her strikingly pretty face and that bright pink one-piece bathing suit with the skirt.  She is chatting with friends, waist-deep in the water.  A good swimmer, already with a clutch of ribbons in my drawer from swim races against other area teams, I dive into the water and swim under it, scraping the bottom of the pool.  I take a snaking route and soon go right past her legs, perhaps barely brushing them with my own.   I don’t dare surface.  Holding that long breath, I swim on, still snaking around the expanse of the pool bottom, until I’ve passed many other pairs of legs.  I come up for air only after I am safely shrouded by the other kids’ torsos between me and her.

I am 13 years old, and I am terribly girl-shy.  It is the summer before I begin high school, and God Forbid that I should speak with her. Continue reading “Adieu, My First Kiss”

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