Tuesday Talk*: Why Did ABC Settle?

Given the controversial redefinitions of rape raised here over the past decade, the use of the word by George Stephanopoulos didn’t come anywhere near the fringes. Not that Trump cared.

Mr. Trump sued ABC and Mr. Stephanopoulos in March, after the anchor asked Representative Nancy Mace, Republican of South Carolina, who has spoken publicly about being raped as a teenager, why she had continued to support Mr. Trump after he was found “liable for rape” in a 2023 civil case in Manhattan.

In that case, a federal jury found Mr. Trump liable for sexually abusing and defaming the writer E. Jean Carroll, but it did not find him liable for rape. Still, the judge who oversaw the proceeding later clarified that because of New York’s narrow legal definition of rape, the jury’s verdict did not mean that Ms. Carroll had “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’” Continue reading

A Penny For Your Thoughts

I was fairly certain that after the jury hung on the top count of Manslaughter 2, and Justice Max Wiley agreed to dismiss the count with prejudice at the prosecution’s request, Daniel Penny was looking at a conviction on the lesser account of criminally negligent homicide as a compromise verdict. After all, there was at least one, if not more, jurors ready to convict on the top count, and jurors get tired after a while and tend to accommodate the strongly held positions of their fellow jurors so they can reach a verdict and go home.

I was wrong. The jury acquitted and courtroom burst into chaos. Continue reading

Cruisin’

Dr. SJ informs me that we, meaning she, needs a little warm weather break, so we’re off to a Caribbean cruise. See you back here in about a week or so. Maybe. Have fun and be kind to each other.

Seaton: Unsolicited Opinions (Yule Edition)

It’s almost the end of the year and I’ve not done an Unsolicited Opinions in a long time. Fortunately, my brain’s bouncing all over the place and I’m ready to share a few takes on things on which no one’s asked me to opine.

Allow me to rectify that!

As longtime readers will know by now, what follows are unsolicited opinions no one’s asked for from a self-identified middle-aged crazy man on the internet. No one should take any of the following seriously. Unless, of course, you agree with me. Continue reading

Murderers Are Not Heroes

Is there any doubt that the targeted assassination of UnitedHealthcare CEO Brian Thompson was wrong and tragic? It’s almost inconceivable that a cold-blooded murder, caught on video for all to see, would be anything but. And yet, the very online left fringe sees the murderer as a hero and the murder as an act of bravery against an evil billion dollar business that makes its money by denying health care to those who need and deserve it, causing the deaths of many.

“How could people be so mad at a guy that runs the biggest insurance corporation that makes billions of dollars by denying claims for basic healthcare at the highest rate of any company?” Yea is a real head scratcher

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Pardoning Enemies Without Crimes

Some would suggest it’s pretty foolish to publish an “enemies list” of those you would target for prosecution if you had the power to do so. Others would call it far worse. So, naturally, that’s what Kash Patel did, because that’s what Kash Patel is.

And that’s just the start of it, Patel having already expressed his desire to target journalists who said mean things about his beloved. Continue reading

The Skrmetti Gap

Oral argument will be had today in United States v. Skrmetti, challenging the Tennessee law prohibiting medical intervention for minors for gender dysphoria, pitting the Equal Protection Clause for sex discrimination against the unsettled medical nature of hormonal to surgical interventions for children.

The Tennessee law prohibits medical providers from prescribing puberty-delaying medication, offering hormone therapy or performing surgery to treat the psychological distress caused by incongruence between experienced gender and that assigned at birth. But the law allows those same treatments for other purposes.

The primary question for the justices is not whether Tennessee’s ban is wise or consistent with the views of medical experts. It is, instead, whether the law makes distinctions based on sex. If it does, a demanding form of judicial review — “heightened scrutiny” — kicks in. If it does not, the Tennessee law will almost certainly survive.

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Tuesday Talk*: Should Lame-Duck Pardons Be Banned?

Sure. it’s all the rage at the moment, but Joe Biden’s pardon of his son is hardly a novel concept, either as to pardoning a family member (think Charles Kushner) or issuing a pardon on the way out the door. But it still emits an unpleasant odor, both because the president asserted that he would not do so, undermining whatever integrity he had left, and that there is no accountability for the exploit of a power possessed solely by the president.

Presidents have the constitutional “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” There’s nothing Congress can do about that.

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Father And Son, Pardoned

When Donald Trump pardoned Crazy Joe Arpaio, there was a smattering of criticism that lasted minutes, maybe an hour or two, before he did something else that caught the media’s attention. Joe Biden is unlikely to be so lucky when it comes to his issuance of a pardon to his son, Hunter, after the many disavowals that he would do so. Is the problem that he pardoned Hunter, that he flip-flopped, maybe lied, about not pardoning Hunter, or both?

He said he made the decision because the charges against Hunter were politically motivated and designed to hurt him politically. Continue reading

Is “Bitch Stole My Look” A Copyright Violation?

It started as a Joan Rivers’ shtick on Fashion Police, but it’s now the basis for a lawsuit in the Western District of Texas between “influencer” Sydney Nicole Gifford and “content creator” Alyssa Sheil.

In the lawsuit filed in April, Gifford — who has over 790,000 followers across Instagram and TikTok — claimed “at least” 30 photo posts across Sheil’s platforms featured “identical styling, tone, camera angle and/or text” to her images.

Gifford also claimed that Sheil — who has 380,000 social media followers — posted “nearly identical videos” to her content.

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