Seth Barrett Tillman: My Post on CONLAWPROF: my response to a discussion about removing Trump from office

If your dispute with Trump and your call for his removal are based on policy (and his language about policy), rather than about discrete factual predicates amounting to legal violations, then you should eschew the language of the criminal law and push forward with debates (in this forum and elsewhere) about the prospective dangers you think Trump is creating or the harms he has already caused. But as I said, the country survived Johnson. To the extent that the argument against Trump is based on his saying stuff you think outrageous, I think the country will survive his talking big. I would also add that Trump has done little (as I see it) which substantially departs from his campaign statements—so a removal based on political disagreement about the expected consequences of policy is not going to be one with a strong democratic justification.
 
Technical point: It may be that deporting foreigners is not a criminal punishment, but exiling/banishing/deporting Americans who are in the country legally would seem to me to amount to a violation of a 14th Amendment liberty interest. This brings up an important cultural divide in America today (and not just in America, but across the Western world). Many of Trump’s supporters see the elites as being indifferent between their fellow citizens and foreigners. I ask you not to prove them correct.

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Draining the Swamp

Romney’s greatest charm was his history of taking a chainsaw to businesses and setting them on their feet. Those virtues are not always apparent in a campaign nor necessarily popular. Mick Mulvaney, backed by a businessman who was appalled at the waste in government (as almost all sentient beings are but someone that has planned large projects more clearly), is doing what I for one voted for Romney to do.

Simplifying permits, narrowing focus clears the brush, then we can build. The enlarging of bureaucracies encourage flakey, dishonest, bullshit laws that we don’t follow – that was Obama’s plan and we see it at its worst in the immigration fiasco, it works well to produce fear, malaise, and arbitry enforcement. The Home Land secretary put it best when she asked Congress if they had thought about the road they were going down in criticizing her for enforcing the laws they had made. Extraneous laws & large bureaucracies stunt growth, use up energy and frustrate. The result is malaise and a nation with less and less “trust”.
[Note: rewritten – parts unconnected – the commenters connected them but I realize it was rude of me. Great link! I added a second)

Continuing Derangement

By the Mystic Marbles of Matagorda, I thought that last week’s bout of Trump derangement was the far frozen limit, but here it is only Wednesday and the establishment media is already running around in hair-on-fire fits of hysteria, the distributed radical insurgency known as Antifa has declared bloody war on the employees of the US Immigrations and Customs Enforcement, a writer employed by the New Yorker magazine as a fact-checker has singlehandedly undermined the intellectual coinage working for that magazine, having been a Fulbright scholar and a graduate of Harvard … and after a nearly fifty year hiatus from public consciousness, Peter Fonda has hove once again into sight. Like a groundhog, only hairier and on a longer rotation.

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Seth Barrett Tillman: The Tale of the Swedish Prosecutor, the Citizen, and the Human Being

See: The Case Against Deporting Immigrants Convicted of Crimes

Then see:

The prosecutor made a recommendation against deportation.
 
The prosecutor reasoned that the defendant was unlikely to be rehabilitated by confinement, and therefore, the defendant was likely to commit the same crime again. The prosecutor’s position was that whether the defendant goes on to rape a Swede (or a non-Swede in Sweden) or someone in the defendant’s own home country should not be considered because the health, safety, and lives of all potential future victims should be valued equally. And equality is a value upon which we all do or should agree.
 
Did the prosecutor act rightly or wrongly?

Media and Politics

Bookworm writes about an ‘art installation’ at the (taxpayer-funded)  Los Angeles County Museum of Art.  Here’s how the museum describes the exhibition:

Alejandro G. Iñárritu’s conceptual virtual reality installation  CARNE y ARENA (Virtually present, Physically invisible)  explores the human condition of immigrants and refugees. Based on true accounts, the superficial lines between subject and bystander are blurred and bound together, allowing individuals to walk in a vast space and thoroughly live a fragment of the refugees’ personal journeys. An immersive installation that reunites frequent collaborators Iñárritu and Emmanuel Lubezki alongside producer Mary Parent and ILMxLAB,  CARNE y ARENA  is centered around a 6 ½-minute virtual reality sequence for one person that employs state-of-the-art immersive technology to create a multi-narrative light space with human characters.

Here’s Bookworm:

That’s a pretty bland, abstract description. A pro-illegal immigration Proggie friend of mine, though, went and was blown away by the wonder of it all.  I’ve restated his glowing description in my own less glowing words, but the substance of what he said is still there.

The exhibition is meant to have you experience through virtual reality (it’s hot and sandy in the exhibition) what a Honduran, El Salvadoran, Merxican or Guatemalan experiences as he or she journeys north through the Sonoran desert to enter America illegally through Arizona. After you’ve signed a waiver, lest the good folks at LACMA make you uncomfortable, and taken off your shoes, your adventure begins.

Thrill to the experience of having border guards  surround you with helicopters and vans to arrest you. Then, having gotten yourself (as promised) hot and covered with sand, you get to see videos of real illegal aliens reenacting their experiences for the camera. (I assume it’s some form of PTSD psychotherapy for illegal aliens.)

(Much more at the Bookworm link.)  This exhibit is very much in the style of the ‘tunnels of oppression’ which have become popular at America’s colleges and universities.

I recently ran across a passage from a pioneering media expert, writing in the 1920s, who remarked  that social change could never be achieved merely via the written word; most people were inherently lazy (he argued) and were unlikely to pick up a book if it went against their existing views, or even pay enough attention to a leaflet for it have have real impact. So, oratory–the spoken word–was much more effective. BUT, there was a new technology which had still greater advantages:

The picture in all its forms up to the film has greater possibilities. Here a man needs to use his brains even less; it suffices to look, or at most to read extremely brief texts, and thus many will more readily accept a pictorial presentation than read an article of any length. The picture brings them in a much briefer time, I might almost say at one stroke, the enlightenment which they obtain from written matter only after arduous reading.

If movies have great potential in forming/changing opinions…and they do…then most likely an immersive experience such as the one at LACMA will be even more powerful.

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