Why, Sometimes I've Believed As Many As Six Impossible Things Before Breakfast

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Jacob Sullum notes possible evidence for presidential time travel: Laurence Tribe Bizarrely Claims Trump Won in 2016 by Falsifying Records in 2017.

"In 2016," Harvard law professor Laurence Tribe writes, "Donald Trump seemed to pull an inside straight by narrowly winning" Michigan, Pennsylvania, and Wisconsin "while losing the popular vote by 3 million. We now know Trump committed 34 felonies to win that election. Without these crimes, he seems almost certain to have lost to Hillary Clinton. She would have been sworn in on Jan. 20, 2017. She would have filled two Supreme Court vacancies and enacted her legislative agenda."

Since those 34 felonies involved falsified business records that were produced in 2017, Tribe's claim is logically impossible. Yet his gloss on the former president's New York conviction echoes similarly puzzling claims by many smart and ostensibly well-informed observers. In their eagerness to embrace the prosecution's dubious "election fraud" narrative, they nonsensically assert that Trump retroactively ensured his 2016 victory by disguising a 2017 hush-money reimbursement as payment for legal services.

Sullum provides other examples of this temporal paradox promoted by historian Douglas Brinkley, the WaPo, the NYT, Al Jazeera, NPR, and (of course) the prosecution. And expresses surprise "that so many people who should know better have described the verdict in a way that could not possibly be true."

Which inspired today's headline, brought to you courtesy of Lewis Carroll. Some people have gone Through the Looking Glass, and live there now.

Also of note:

  • Among the many things Biden's forgotten… Nikki Haley takes to the NYPost to point out an important one Joe Biden has forgotten what happened on Oct. 7 — but Israelis can’t.

    It’s crucial that Israel finish the job in Gaza, defeat Hamas and return every hostage back home to their families.

    That includes the eight Americans who are still hostages in Gaza, five of whom are known to be alive.

    Yet instead of supporting Israel against the terrorists who pledge Death to Israel and Death to America, President Biden and some members of Congress are withholding weapons, punishing Israel diplomatically and economically and dictating what they want politically instead of what Israel needs for security.

    Worst of all, they’re demanding a cease-fire.

    A cease-fire is the same as defeat.

    It would give the terrorists time and resources to complete their mission, which is the total destruction of Israel.

    True dat. Which caused me to check out the latest newsletter from our local Hamas cheerleaders, the Community Church of Durham. And … yup:

    Any parishoners who have not quit the church in disgust are encouraged to "Join Our Vigil for a Permanent Ceasefire"

    Join us in Dover, outside the office of Senator Jeanne Shaheen in Henry Law Park. Join us for a silent vigil for all who are suffering violence, displacement, terror, and grief in Palestine and Israel. We will implore Sen. Shaheen to join the call for a permanent ceasefire, an end to the Israeli bombardment and blockade of Gaza, and an end to US military aid to Israel.

    The "permanent" bit is certainly irritating, but it (of course) mirrors current Hamas demands.

    And, unless you're a fool, the Hamas definition of "permanent ceasefire" simply means "until we gear up for more atrocities."

  • And going bust. Steven Greenhut notes the recent folly: California Is Doubling Down on Banning Plastic Bags.

    You know those scenes from old Western movies (or Bugs Bunny) where an outlaw fires his gun near someone's feet. The goal isn't to harm the target, but to make him dance to miss the bullets in an effort to frighten, humiliate or exert dominance. Think about those scenes as you consider a set of new pointless plastic-bag-related laws that seem destined just to make Californians "dance."

    Remember all the hoopla in 2014 when Gov. Jerry Brown signed a "groundbreaking" law that would dramatically reduce solid waste by forbidding grocery stores from providing "single-use" plastic bags? It's been a decade since that law turned the grocery-checkout process into a grinding routine as clerks ask consumers how many bags they want to buy and cheapskate shoppers drag out bacteria-laden reusable cotton ones.

    That law's backroom negotiations offer hilarious lessons in legislative sausage-making, as unions, stores, and environmentalists jockeyed for special privileges. A key compromise allowed stores to sell thicker "reusable" plastic bags, which seemed bizarre to me. The "single-use" bags actually had multiple uses. They were so thin I'd keep them to pick up dog poo and line bathroom trash cans.

    Greenhut goes on to note that the state is on trajectory to make things worse.

    Pun Salad has been a plastic bag cheerleader for years: here, here, here, here, here, here, here, here, and here.

  • Professor Pinker provides a free speech tutorial. In an interview with the Harvard Political Review on Time, Place, and Manner. He hits this softball question out of the park:

    HPR: ​In the past, you have criticized Harvard for not doing more to uphold the First Amendment, and you have argued against criminalizing “deplorable speech” such as hate speech. However, you have also written that Harvard should have shut down the pro-Palestinian encampment, which encampment organizers defended as a peaceful exercise of free speech. How do you reconcile those two viewpoints?

    SP: Oh, because free speech doesn’t mean that I get to break into your apartment and spray graffiti on your walls, or to stand outside your apartment with a sound truck blaring propaganda at 3 a.m. First Amendment jurisprudence has long recognized that free speech is not a license to use force to break the law nor to infringe on other people’s rights. And so restrictions on time, place, and manner have always been tightly interwoven into defenses of free speech, otherwise they could collapse in absurdity. For example, if a professor offered to trade grades for sex to a student, he would not be able to defend himself on the grounds of free speech. Or if someone threatens to kill someone, that too would not be protected under the First Amendment or any reasonable definition of free speech. So both crimes are inherently committed through speech, like extortion and harassment.

    Reasonable restrictions on time, place, and manner, have always been a part of defenses of free speech. Now, restrictions on time, place, and manner themselves have to be carefully delineated and defended; otherwise, they could be a pretext for suppressing speech. And the usual threefold test is: Are they content-neutral? That is, do they apply regardless of what the protesters are actually saying? Are there alternative means by which those opinions can be expressed? And is there a rationale for the restrictions? That is, do the restrictions serve some legitimate institutional purpose? In the case of the encampment, the argument for shutting it down passes all three time, place, and manner restrictions. Namely, it has nothing to do with the content of what the protesters are saying, although I think the content is deplorable, but that’s not by itself a reason to shut it down.

    … and there's more at the link.