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william-r-melich · 1 day

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If Nefarious Breach, You Must Impeach - 04/26/2024

Presidential immunity is something that I haven't previously given much thought to, probably because it's something that hasn't surfaced much as an issue until recently. Yesterday at Trump's hearing on presidential immunity, US Supreme court justice Samuel Alito questioned whether prosecuting former presidents would harm the country's governance. Trump's lawyers argued that former presidents should have absolute immunity for official acts they made during their tenure as president. They said if they didn't, then prosecuting former presidents would become routine and would undermine future presidents from being able to execute difficult decisions without worrying about future legal repercussions. After all, our country's presidents are commonly put in difficult positions wherein the right thing to do would be considered illegal if performed by any other citizen outside of the executive office.

While speaking to Michael Dreeban, an attorney for special counsel Jack Smith's team who are persecuting Trump in two other cases, the Bush-appointed justice (Samuel Alito) asked him this. “I’m sure you would agree with me that a stable, democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully, if that candidate is the incumbent?” “Of course,” replied Dreeban. Alito further posited this, “if an incumbent who loses a very close, hotly contested election, knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?” Dreeban replied that he believes there are “lawful mechanisms to contest the results in an election and outside the record” but claimed that President Trump and others “filed dozens of electoral challenges and my understanding is they lost all but one” in the courts following the 2020 election. He continued, “There was an appropriate way to challenge things through the courts with evidence, if you lose, if you accept the results, that has been the nation’s experience. I think the court is well familiar with that.”

Alito rebutted those assertions on whether there are enough legal safeguards to handle prosecutors acting politically. Dreeban and Jack Smith's team have said that prosecutors must go to grand juries for securing indictments as a check against prosecutions that are politically motivated. The justice responded by saying, "prosecutors could convince a jury to indict a ham sandwich."

Trump's lawyers also argued that their client was merely performing his duties as president while looking to uncover voting fraud during the 2020 election.

This week in New York, the former President, in reference to the Supreme Court case, told reporters the following. “If you don’t have immunity, you’re not going to do anything. You’re going to become a ceremonial president, you’re not going to be taking any of the risks, both good and bad.”

Chief Justice John Roberts, along with at least four other justices didn't seem to support the claim that absolute immunity would stop Trump from being prosecuted on charges of supposedly conspiring to overturn his loss in the 2020 election. Roberts was also with several of the other justices who indicated that the case might need to go back to the lower courts previous to the start date of any trial.

Roberts also showed his dismay with the reasoning brought by the Washington appeals court who gave the ruling against President Trump. During the hearing, the chief justice said this. “You know how easy it is in many cases for a prosecutor to get a grand jury to bring an indictment and reliance on the good faith of the prosecutor may not be enough in some cases.”

So, it appears to me that it's likely they will uphold limited presidential immunity, not absolute immunity. As such there's a good chance that it will go back to the lower courts to determine if he was actually performing his official duties while he was questioning the legitimacy of the 2020 election results. If it's determined that he was, then immunity would apply, if not then it won't.

Oh, and by the way, there's something I forgot to mention. In the framer's wisdom they installed an important mechanism should the POTUS (President of the United States) engage in severely unlawful, egregious acts; Impeachment, - Duh! (I can't believe I forgot that and it's so important that I had to change the title of this post from, SCOTUS Hearing on Presidential Immunity.) Under impeachment it would require a 2/3rds majority vote in the senate to convict the President or one of his office holders. So, in deference to a famous Johnnie Cochran line, "If it doesn't fit, you must acquit;" although with the opposite intention: "If nefarious breach, you must impeach."

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glittertimes · 3 months

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After years of “vote blue no matter who” it’s wild to see democrats dying on the hill of sending more aid to isr*el, selling out immigrants (who they always promise to protect but never do) in the process, just for republicans to veto the bill anyway.

#I’ve only voted in one election and it wasn’t for Biden or trump loll #I was 17 in 2016 so my first presidential election was 2020 and I voted 3rd party bc I can’t stand Biden loll #personal

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cleophantom · 4 months

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Just a quick reminder for my American followers,

Do not throw your trans, gay, black, brown, and Muslim people under the bus because you're mad about how Joe Biden handled Israel.

If he gets the Democratic nomination (which he almost certainly will), and there isn't a wildly popular third party candidate (and I mean WILDLY popular third party candidate), fucking vote for him.

#if you want to withhold your vote #do it in the midterms #NEVER do it in a Presidential election year #you want 2017-2020 all over again? That's how you'll get 2017-2020 all over again.#us politics

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g4zmaintechtv · 1 year

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Catholic

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secretmellowblog · 6 months

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People who try to analyze what happened on Tumblr on November 5th, 2020, often really overstate how much it was actually “about” Supernatural. As someone who has never been in the supernatural fandom ever but dID join in on the hysterical destielposting—it was really more about the stress of the pandemic and the 2020 presidential election.

The two biggest Youtubers I’ve seen try to dissect “what happened that November 5th” in video essays both weren’t American—- and I think that explains why they both tried to explain the hysteria primarily via analyzing the Supernatural fandom/the original show, rather than through the lens of the election. And while those videos are cool, valid, informational, and make lots of really well-considered interesting points— I can tell you that me and almost all my mutuals had literally no knowledge or interest in the fact that “oh supernatural had made nods at the ship in the past but the creators were adamant that I wouldn’t be canon” or etc etc etc etc. the first time I learned about any of that context was way later, watching videos where people claimed that fandom history context (that I did not know anything about) was the actual reason for the hysteria.

But the reality is that people latched on to the Destiel stuff because it was a piece of big useless inane zero-stakes fandom news in a time when we were desperately waiting for serious high stakes election news. We were latching onto a “positive “ piece of inane stupid fandom news in a time of great stress, with all the desperation of a drowning man who latches onto whatever piece of wood will keep him afloat.

The core of the hysteria was that Americans (who make up a huge chunk of tumblr’s userbase) were currently glued to their laptops watching the live presidential election vote counts come in. These vote counts were taking an extended amount of time due to the pandemic causing high numbers of mail-in ballots, resulting in a constant state of Election Day Stress for multiple days straight.

This was also during the height of the Pandemic. People had predicted Trump’s presidency would be bad; no one had predicted it would be this apocalyptically bad. No one had predicted pandemics and lockdowns and hospitals overflowing with bodybags. remember Trump spreading Covid lies and conspiracies?? There were so many Qanon conspiracies about democrats being Satanic child traffickers who had to be put to death, and coup threats were mounting from the right wing side. It seemed like this election was a choice between ‘centrist democrat’ and “apocalyptic right wing conspiracy theory authoritarianism,” in the midst of pandemic conditions that people feared would never ever improve— and it seemed like a close election.

Another major point was that Trump voters were more likely to be antimaskers/Covid deniers, while Biden voters were more likely to take the pandemic seriously— so Biden voters were more likely to send in mail-in ballots instead of risking the in-person voting crowds, which meant their ballots would take much longer to count. And so, in many state electoral vote counts, it would initially seem like Trump was very far in the lead— only for Biden to slooooowly build up an agonizingly small lead as the mail in ballots came in, and then defeat Trump at the very end.

So you’re just watching these news sites giving live election updates, refreshing the page every 2 minutes to see if you’re going to live under a spineless centrist democrat or a literal Qanon Dictatorship. And then you go on tumblr to distract yourself, and there’s more election posting, and more agonizing over the votes, and more stress and despair—-

And then it’s been days and we’re right at the crucial tipping point where it’s anyone’s game and the next few hours will determine whether Trump will win, so you need to keep your eye on the vote count, because the next hours will determine the future of the pandemic and your country and your plans for your entire life—

And then stupid Destiel becomes canon! And it becomes canon in the silliest way possible!

If Destiel had become canon at any other time, it would have been a big goofy tumblr celebration? But we wouldn’t have gotten the insane explosion of hysterical interaction.

The entire core of it was the contrast between the inane meaningless stupidity of fandom news vs the actual stressful election news you wanted to hear! It really is best conveyed in that meme where Castiel says “I love you” and Dean indifferently responds with a piece of important election news.

It’s about the contrast between the low-stakes inanity of fandom and the massive life-destroying stakes of a terrifying election. There really was no reason it had be Supernatural specifically, except that Supernatural was a thing everyone knew basic things about from dashboard osmosis— it could’ve been any other equally huge silly fandom ship news about a ship everyone *knew of* but might not necessarily be invested in (ex. Stucky becoming canon, Johnlock becoming canon, Kirk/Spock becoming more canon somehow, etc etc etc.)

I think it’s true that people who weren’t paying agonizingly close attention to the American election news got swept up in it, and that non American Supernatural fans also were extremely excited for purely fandom reasons — but the entire reason it blew up to an unprecedented degree was because of that core of stressed out terrified Americans glued to their computers watching election results and suddenly receiving stupid fandom news instead, and deciding to just hysterically parodically hyper-celebrate this absurd useless zero-stakes news.

I think it was also all elevated by the fact that, as I said before, this happened at the crucial “tipping point” of the election where the next few hours would determine the winner. The fact that Biden began to slowly develop a lead in the hours after made it feel, hysterically, as if the hours after Destiel became canon was somehow the turning point where he began to win; so celebrating Destiel felt like celebrating that slow turn towards victory.

The tl,dr is that it’s so important to Remember the Fifth of November …..in preparation the inevitable hysteria that will happen in the presidential election on November 5th of next year. XD. Personally I’m rooting for Johnlock or Frodo/Sam to somehow become canon in the eleventh hour right before the democrats win

#November 5th #november 5 2020 #the fifth of november #just a random ramble #November 5th 2020 is such an important day to me #it really is a holiday #but it does confuse me when I see people analyzing it primarily as a supernatural thing #instead of a ‘hysteria over an election reaches a breaking point when inane zero stakes fandom news comes out and we all latch onto it’thing #but yeah!!#this is my personal essay out of love for the holiday

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kp777 · 7 months

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Judge Sets Trial Date For Dominion's $1.6 Billion Lawsuit Against Newsmax

#dominion voting systems #newsmax #2020 presidential election #the big lie #donald trump

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niveditaabaidya · 9 months

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Trump Charged With Bid To Overturn 2020 US Presidential Election #trump...

#youtube #Trump Charged With Bid To Overturn 2020 US Presidential Election. trump indictment election presidential vote Donald Trump perpetrated a co

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heystephen · 10 months

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When I say I voted in Busy v. Kerry I mean I legally cast a ballot for John Kerry 😭 /old

thank u for voting against that man even if your efforts were fruitless 🫡

#first presidential election i voted in was 2020 😔#i turned 18 in 2017 literally just missed the cut and was so sad #i got mail*#anonymous

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andhumanslovedstories · 3 months

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Eight years ago I was so deeply invested in the American presidential election, I listen to multiple weekly podcasts, I was on twitter, I checked the polling updates, read the articles, watched the news, I could tell you the political happenings of every week of 2016, and we were on the road for a large portion of it so we had to work for it. We watched one of the presidential debates in a Las Vegas Panera before heading back to our campsite. I did something similar for the 2020 election because jesus christ what a fucking Historical Year. Now it’s 2024, and gearing up for the grind once more is such a dismal feeling. I don’t want to have to have an opinion on Nicky Haley’s viability as republican candidate. I don’t want to follow another twelve Trump trials. I don’t want to watch everyone even slightly left of center once again devour each other as we polarize about it’s a bigger war crime to vote for Biden or not vote for Biden. Everything is going to get so unpleasant and it’s so important and the stakes are so high and it’s gonna suck the whole time. I’m trying to think of one funny thing that could plausibly happen that would fill me with joy and not terror for the future of America and also the world, and so far I’ve only come up with Jeb Bush giving a presidential campaign another go.

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mostlysignssomeportents · 10 months

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Why they're smearing Lina Khan

My god, they sure hate Lina Khan. This once-in-a-generation, groundbreaking, brilliant legal scholar and fighter for the public interest, the slayer of Reaganomics, has attracted more vitriol, mockery, and dismissal than any of her predecessors in living memory.

She sure must be doing something right, huh?

A quick refresher. In 2017, Khan — then a law student — published Amazon’s Antitrust Paradox in the Yale Law Journal. It was a brilliant, blistering analysis showing how the Reagan-era theory of antitrust (which celebrates monopolies as “efficient”) had failed on its own terms, using Amazon as Exhibit A of the ways in which post-Reagan antitrust had left Americans vulnerable to corporate abuse:

https://www.yalelawjournal.org/note/amazons-antitrust-paradox

The paper sent seismic shocks through both legal and economic circles, and goosed the neo-Brandeisian movement (sneeringly dismissed as “hipster antitrust”). This movement is a rebuke to Reaganomics, with its celebration of monopolies, trickle-down, offshoring, corporate dark money, revolving-door regulatory capture, and companies that are simultaneously too big to fail and too big to jail.

This movement has many proponents, of course — not just Khan — but Khan’s careful scholarship, combined with her encyclopedic knowledge of the long-dormant statutory powers that federal agencies had to make change, and a strategy for reviving those powers to protect Americans from corporate predators made her a powerful, inspirational figure.

When Joe Biden won the 2020 presidential election, he surprised everyone by appointing Khan to the FTC. It wasn’t just that she had such a radical vision — it was also that she lacked the usual corporate law experience that such an appointee would normally require (experience that would ensure that the FTC was helmed by people whose default view of the world is that it should be structured and regulated by powerful, wealthy people in corporate boardrooms).

Even more surprising was that Khan was made chair of the FTC, something that was only possible because a few Republican Senators broke with their party to support her candidacy:

https://www.senate.gov/legislative/LIS/roll_call_votes/vote1171/vote_117_1_00233.htm

These Republicans saw in Khan an ally in their fight against “woke” Big Tech. For these senators, the problem wasn’t that tech had got too big and powerful — it was that there were a few limited instances in which tech leaders failed to wield that power in the ways they preferred.

The Republican project is a matter of getting turkeys to vote for Christmas by doing a lot of culture war bullshit, cruelly abusing disfavored sexual and racial minorities. This wins support from low-information voters who’ll vote against their class interests and support more monopolies, more tax cuts for the rich, and more cuts to the services they rely on.

But while tech leaders are 100% committed to the project of permanent oligarchic takeover of every sphere of American life, they are less full-throated in their support for hateful, cruel discrimination against disfavored minorities (in this regard, tech leaders resemble the corporate wing of the Democrats, which is where we get the “Silicon Valley is a Democratic Party stronghold” narrative).

This failure to unquestioningly and unstintingly back culture war bullshit put tech leaders in the GOP’s crosshairs. Some GOP politicians actually believe in the culture war bullshit, and are grossly offended that tech is “woke.” Others are smart enough not to get high on their own supply, but worry that any tech obstruction in the bullshit culture wars will make it harder to get sufficient turkey votes for a big fat Christmas surprise.

Biden’s ceding of antitrust policy to the left wing of the party, combined with disaffected GOP senators viewing Khan as their enemy’s enemy, led to Khan’s historic appointment as FTC Chair. In that position, she was joined by a slate of Biden trustbusters, including Jonathan Kanter at the DoJ Antitrust Division, Tim Wu at the White House, and other important, skilled and principled fighters like Alvaro Bedoya (FTC), Rebecca Slaughter (FTC), Rohit Chopra (CFPB), and many others.

Crucially, these new appointees weren’t just principled, they were good at their jobs. In 2021, Tim Wu wrote an executive order for Biden that laid out 72 concrete ways in which the administration could act — with no further Congressional authorization — to blunt corporate power and insulate the American people from oligarchs’ abusive and extractive practices:

https://pluralistic.net/2021/08/13/post-bork-era/#manne-down

Since then, the antitrust arm of the Biden administration have been fuckin’ ninjas, Getting Shit Done in ways large and small, working — for the first time since Reagan — to protect Americans from predatory businesses:

https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff

This is in marked contrast to the corporate Dems’ champions in the administration. People like Pete Buttigieg are heralded as competent technocrats, “realists” who are too principled to peddle hopium to the base, writing checks they can’t cash. All this is cover for a King Log performance, in which Buttigieg’s far-reaching regulatory authority sits unused on a shelf while a million Americans are stranded over Christmas and whole towns are endangered by greedy, reckless rail barons straight out of the Gilded Age:

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

The contrast between the Biden trustbusters and their counterparts from the corporate wing is stark. While the corporate wing insists that every pitch is outside of the zone, Khan and her allies are swinging for the stands. They’re trying to make life better for you and me, by declaring commercial surveillance to be an unfair business practice and thus illegal:

https://pluralistic.net/2022/08/12/regulatory-uncapture/#conscious-uncoupling

And by declaring noncompete “agreements” that shackle good workers to shitty jobs to be illegal:

https://pluralistic.net/2022/02/02/its-the-economy-stupid/#neofeudal

And naturally, this has really pissed off all the right people: America’s billionaires and their cheerleaders in the press, government, and the hive of scum and villainy that is the Big Law/thinktank industrial-complex.

Take the WSJ: since Khan took office, they have published 67 vicious editorials attacking her and her policies. Khan is living rent-free in Rupert Murdoch’s head. Not only that, he’s given her the presidential suite! You love to see it.

These attacks are worth reading, if only to see how flimsy and frivolous they are. One major subgenre is that Khan shouldn’t be bringing any action against Amazon, because her groundbreaking scholarship about the company means she has a conflict of interest. Holy moly is this a stupid thing to say. The idea that the chair of an expert agency should recuse herself because she is an expert is what the physicists call not even wrong.

But these attacks are even more laughable due to who they’re coming from: people who have the most outrageous conflicts of interest imaginable, and who were conspicuously silent for years as the FTC’s revolving door admitted the a bestiary of swamp-creatures so conflicted it’s a wonder they managed to dress themselves in the morning.

Writing in The American Prospect, David Dayen runs the numbers:

Since the late 1990s, 31 out of 41 top FTC officials worked directly for a company that has business before the agency, with 26 of them related to the technology industry.

https://prospect.org/economy/2023-06-23-attacks-lina-khans-ethics-reveal-projection/

Take Christine Wilson, a GOP-appointed FTC Commissioner who quit the agency in a huff because Khan wanted to do things for the American people, and not their self-appointed oligarchic princelings. Wilson wrote an angry break-up letter to Khan that the WSJ published, presaging their concierge service for Samuel Alito:

https://www.wsj.com/articles/why-im-resigning-from-the-ftc-commissioner-ftc-lina-khan-regulation-rule-violation-antitrust-339f115d

For Wilson to question Khan’s ethics took galactic-scale chutzpah. Wilson, after all, is a commissioner who took cash money from Bristol-Myers Squibb, then voted to approve their merger with Celgene:

https://www.documentcloud.org/documents/4365601-Wilson-Christine-Smith-final278.html

Or take Wilson’s GOP FTC predecessor Josh Wright, whose incestuous relationship with the companies he oversaw at the Commission are so intimate he’s practically got a Habsburg jaw. Wright went from Google to the US government and back again four times. He also lobbied the FTC on behalf of Qualcomm (a major donor to Wright’s employer, George Mason’s Antonin Scalia Law School) after working “personally and substantially” while serving at the FTC.

George Mason’s Scalia center practically owns the revolving door, counting fourteen FTC officials among its affliates:

https://campaignforaccountability.org/ttp-investigation-big-techs-backdoor-to-the-ftc/

Since the 1990s, 31 out of 41 top FTC officials — both GOP appointed and appointees backed by corporate Dems — “worked directly for a company that has business before the agency”:

https://www.citizen.org/article/ftc-big-tech-revolving-door-problem-report/

The majority of FTC and DoJ antitrust lawyers who served between 2014–21 left government service and went straight to work for a Big Law firm, serving the companies they’d regulated just a few months before:

https://therevolvingdoorproject.org/wp-content/uploads/2022/06/The-Revolving-Door-In-Federal-Antitrust-Enforcement.pdf

Take Deborah Feinstein, formerly the head of the FTC’s Bureau of Competition, now a partner at Arnold & Porter, where she’s represented General Electric, NBCUniversal, Unilever, and Pepsi and a whole medicine chest’s worth of pharma giants before her former subordinates at the FTC. Michael Moiseyev who was assistant manager of FTC Competition is now in charge of mergers at Weil Gotshal & Manges, working for Microsoft, Meta, and Eli Lilly.

There’s a whole bunch more, but Dayen reserves special notice for Andrew Smith, Trump’s FTC Consumer Protection boss. Before he was put on the public payroll, Smith represented 120 clients that had business before the Commission, including “nearly every major bank in America, drug industry lobbyist PhRMA, Uber, Equifax, Amazon, Facebook, Verizon, and a variety of payday lenders”:

https://www.citizen.org/sites/default/files/andrew_smith_foia_appeal_response_11_30.pdf

Before Khan, in other words, the FTC was a “conflict-of-interest assembly line, moving through corporate lawyers and industry hangers-on without resistance for decades.”

Khan is the first FTC head with no conflicts. This leaves her opponents in the sweaty, desperate position of inventing conflicts out of thin air.

For these corporate lickspittles, Khan’s “conflict” is that she has a point of view. Specifically, she thinks that the FTC should do its job.

This makes grifters like Jim Jordan furious. Yesterday, Jordan grilled Khan in a hearing where he accused her of violating an ethics official’s advice that she should recuse herself from Big Tech cases. This is a talking point that was created and promoted by Bloomberg:

https://www.bloomberg.com/news/articles/2023-06-16/ftc-rejected-ethics-advice-for-khan-recusal-on-meta-case

That ethics official, Lorielle Pankey, did not, in fact, make this recommendation. It’s simply untrue (she did say that Khan presiding over cases that she has made public statements about could be used as ammo against her, but did not say that it violated any ethical standard).

But there’s more to this story. Pankey herself has a gigantic conflict of interest in this case, including a stock portfolio with $15,001 and $50,000 in Meta stock (Meta is another company that has whined in print and in its briefs that it is a poor defenseless lamb being picked on by big, mean ole Lina Khan):

https://www.wsj.com/articles/ethics-official-owned-meta-stock-while-recommending-ftc-chair-recuse-herself-from-meta-case-8582a83b

Jordan called his hearing on the back of this fake scandal, and then proceeded to show his whole damned ass, even as his GOP colleagues got into a substantive and even informative dialog with Khan:

https://prospect.org/power/2023-07-14-jim-jordan-misfires-attacks-lina-khan/

Mostly what came out of that hearing was news about how Khan is doing her job, working on behalf of the American people. For example, she confirmed that she’s investigating OpenAI for nonconsensually harvesting a mountain of Americans’ personal information:

https://www.ft.com/content/8ce04d67-069b-4c9d-91bf-11649f5adc74

Other Republicans, including confirmed swamp creatures like Matt Gaetz, ended up agreeing with Khan that Amazon Ring is a privacy dumpster-fire. Nobodies like Rep TomM assie gave Khan an opening to discuss how her agency is protecting mom-and-pop grocers from giant, price-gouging, greedflation-drunk national chains. Jeff Van Drew gave her a chance to talk about the FTC’s war on robocalls. Lance Gooden let her talk about her fight against horse doping.

But Khan’s opponents did manage to repeat a lot of the smears against her, and not just the bogus conflict-of-interest story. They also accused her of being 0–4 in her actions to block mergers, ignoring the huge number of mergers that have been called off or not initiated because M&A professionals now understand they can no longer expect these mergers to be waved through. Indeed, just last night I spoke with a friend who owns a medium-sized tech company that Meta tried to buy out, only to withdraw from the deal because their lawyers told them it would get challenged at the FTC, with an uncertain outcome.

These talking points got picked up by people commenting on Judge Jacqueline Scott Corley’s ruling against the FTC in the Microsoft-Activision merger. The FTC was seeking an injunction against the merger, and Corley turned them down flat. The ruling was objectively very bad. Start with the fact that Corley’s son is a Microsoft employee who stands reap massive gains in his stock options if the merger goes through.

But beyond this (real, non-imaginary, not manufactured conflict of interest), Corley’s judgment and her remarks in court were inexcusably bad, as Matt Stoller writes:

https://www.thebignewsletter.com/p/judge-rules-for-microsoft-mergers

In her ruling, Corley explained that she didn’t think Microsoft would abuse the market dominance they’d gain by merging their giant videogame platform and studio with one of its largest competitors. Why not? Because Microsoft’s execs pinky-swore that they wouldn’t abuse that power.

Corely’s deference to Microsoft’s corporate priorities goes deeper than trusting its execs, though. In denying the FTC’s motion, she stated that it would be unfair to put the merger on hold in order to have a full investigation into its competition implications because Microsoft and Activision had set a deadline of July 18 to conclude things, and Microsoft would have to pay a penalty if that deadline passed.

This is surreal: a judge ruled that a corporation’s radical, massive merger shouldn’t be subject to full investigation because that corporation itself set an arbitrary deadline to conclude the deal before such an investigation could be concluded. That’s pretty convenient for future mega-mergers — just set a short deadline and Judge Corely will tell regulators that the merger can’t be investigated because the deadline is looming.

And this is all about the future. As Stoller writes, Microsoft isn’t exactly subtle about why it wants this merger. Its own execs said that the reason they were spending “dump trucks” of money buying games studios was to “spend Sony out of business.”

Now, maybe you hate Sony. Maybe you hate Activision. There’s plenty of good reason to hate both — they’re run by creeps who do shitty things to gamers and to their employees. But if you think that Microsoft will be better once it eliminates its competition, then you have the attention span of a goldfish on Adderall.

Microsoft made exactly the same promises it made on Activision when it bought out another games studio, Zenimax — and it broke every one of those promises.

Microsoft has a long, long, long history of being a brutal, abusive monopolist. It is a convicted monopolist. And its bad conduct didn’t end with the browser wars. You remember how the lockdown turned all our homes into rent-free branch offices for our employers? Microsoft seized on that moment to offer our bosses keystroke-and-click level surveillance of our use of our own computers in our own homes, via its Office365 bossware product:

https://pluralistic.net/2020/11/25/the-peoples-amazon/#clippys-revenge

If you think a company that gave your boss a tool to spy on their employees and rank them by “productivity” as a prelude to firing them or cutting their pay is going to treat gamers or game makers well once they have “spent the competition out of business,” you’re a credulous sucker and you are gonna be so disappointed.

The enshittification play is obvious: use investor cash to make things temporarily nice for customers and suppliers, lock both of them in — in this case, it’s with a subscription-based service similar to Netflix’s — and then claw all that value back until all that’s left is a big pile of shit.

The Microsoft case is about the future. Judge Corely doesn’t take the future seriously: as she said during the trial, “All of this is for a shooter videogame.” The reason Corely greenlit this merger isn’t because it won’t be harmful — it’s because she doesn’t think those harms matter.

But it does, and not just because games are an art form that generate billions of dollars, employ a vast workforce, and bring pleasure to millions. It also matters because this is yet another one of the Reaganomic precedents that tacitly endorses monopolies as efficient forces for good. As Stoller writes, Corley’s ruling means that “deal bankers are sharpening pencils and saying ‘Great, the government lost! We can get mergers through everywhere else.’ Basically, if you like your high medical prices, you should be cheering on Microsoft’s win today.”

Ronald Reagan’s antitrust has colonized our brains so thoroughly that commentators were surprised when, immediately after the ruling, the FTC filed an appeal. Don’t they know they’ve lost? the commentators said:

https://gizmodo.com/ftc-files-appeal-of-microsoft-activision-deal-ruling-1850640159

They echoed the smug words of insufferable Activision boss Mike Ybarra: “Your tax dollars at work.”

https://twitter.com/Qwik/status/1679277251337277440

But of course Khan is appealing. The only reason that’s surprising is that Khan is working for us, the American people, not the giant corporations the FTC is supposed to be defending us from. Sure, I get that this is a major change! But she needs our backing, not our cheap cynicism.

The business lobby and their pathetic Renfields have hoarded all the nice things and they don’t want us to have any. Khan and her trustbuster colleagues want the opposite. There is no measure so small that the corporate world won’t have a conniption over it. Take click to cancel, the FTC’s perfectly reasonable proposal that if you sign up for a recurring payment subscription with a single click, you should be able to cancel it with a single click.

The tooth-gnashing and garment-rending and scenery-chewing over this is wild. America’s biggest companies have wheeled out their biggest guns, claiming that if they make it too easy to unsubscribe, they will lose money. In other words, they are currently making money not because people want their products, but because it’s too hard to stop paying for them!

https://www.theregister.com/2023/07/12/ftc_cancel_subscriptions/

We shouldn’t have to tolerate this sleaze. And if we back Khan and her team, they’ll protect us from these scams. Don’t let them convince you to give up hope. This is the start of the fight, not the end. We’re trying to reverse 40 years’ worth of Reagonmics here. It won’t happen overnight. There will be setbacks. But keep your eyes on the prize — this is the most exciting moment for countering corporate power and giving it back to the people in my lifetime. We owe it to ourselves, our kids and our planet to fight one.

If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/07/14/making-good-trouble/#the-peoples-champion

[Image ID: A line drawing of pilgrims ducking a witch tied to a ducking stool. The pilgrims' clothes have been emblazoned with the logos for the WSJ, Microsoft, Activision and Blizzard. The witch's face has been replaced with that of FTC chair Lina M Khan.]

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