certiorari (13. 169)

Though we have strong affection for the work of courtroom sketch artist and respect the traditions of the institution at large, we found this latest venture from research professor at the Chicago-Kent College of Law—founder of the Oyez Project, an unofficial (see also) multimedia archive of the US supreme court and the authoritative resource of audio records of each sessions proceedings—of publicising bench announcements, summaries, dissent and daily business of the courtroom as they happen, transcripts of the docket reenacted with AI avatars. Steadfastly refusing to otherwise make the docket exchanges available to scholars and reporters, though oral arguments are routinely broadcast as a holdover from the pandemic that the justices agreed to continue, the court may not be wholly appreciative of this presentation format—no cameras in court and the production team purposefully uses video that’s signature AI-painterly not too realistic for ethical reasons. The existence of the recordings that go back to the mid-1950s was secret until uncovered through Oyez in 1993 (sued by the court over the disclosure, though they relented and dropped the case) and generally inaccessible to the public until brought online and weren’t released before the next session after cases were heard and decisions rendered. The title refers to the appeal for judicial review.  Much more from NPR at the link above.

ghgs (13. 168)

The culmination of a decade and a half concerted effort by lawyers and lobbyists realised through the Trump presidency, the US Environmental Protection Agency will repeal the 2009 EPA Endangerment Finding, meaning that the organisation can no longer regulate green house gases as pollutants and harmful to human health or the climate. The foundation of much of America’s laws pertaining to emissions, this move is regarded as the most aggressive action yet against initiatives to contain or curb global warming, though the country, historically the largest contributor to the anthropic climate change has been on a trajectory of relinquishing responsibility and the mantle of concern or progress steadily for some time, the rescission was based on the testimony of motivated skeptics. And whilst some jurisdictions and environmental advocacy groups (including some in the industrial sector having pivoted to greener models) are fighting back, it is feared that US outsized influence for a planetary problem that is not contained by borders will reverse what progress has been made (part of the commissioned pseudo-scientific study that brought about this repeal was premised on government overreach and hyperbolic forecasts—which, yes, the worst as not occurred as predicted back in 2007, as with the averted y2k disaster, because of global cooperation and action) and engender despair and resignation as the Earth continues to stew and bake. One legal remedy is for the US congress to authorise the EPA the specific mandate to regulate green house gases, rather than the implication under the Clean Air Act, but that won’t happen under this administration, hoping that the delay and legal battles will be long enough to forestall reversal and made binding by the supreme court.

read into the record (13.164)

A tactic that could be employed to disclose all the names of all individuals named in connection to the Epstein files to the public without actually reading aloud the contents of the cache of over three million documents, US Democratic congressional representative Ro Khanna delivered a floor speech in the lower chamber, met with some resistance by Republican committee members who tried to silence him the name of six men discovered on reviewing unredacted files during a two-hour review at the Department of Justice. Khanna, together with Republican cosponsor of the bill that mandated the release of the files, made a cursory inspection of the DOJ version of the documents on Monday, naming these “likely incriminated” people, whose identities had been shielded contrary to the injunction only to protect victims ostensibly only to save them—a lingerie magnate, a UAE sultan and an Italian politician included—from the embarrassment of being implicated, and speculated how many more over-judicious, discretionary redactions might be found had they had more time to investigate. Given the opposition in even sharing this discovery, which does not equate to guilt but rather is an indictment on how the release has been conducted, suggesting many more untoward obfuscations, it was expected that the GOP member who together crafted this legislation, Kentucky congressman Thomas Massie, would have made the announcement so as to defuse some of the expected partisanship coming from a member of the opposition.

simply paris (13. 157)

Among the latest tranche of documents released by the US Department of Justice, there was an email with the above subject line picturing an unidentified couple at various tourist attractions of the French capital in July of 2009. Not only is the woman’s face obscured with redaction but so is for whatever reason the visage, arguable amongst the most-well known in the world, of Leonardo Da Vinci’s portrait of Mona Lisa—possibly betraying the use of AI or poor taste and certainly reaffirming the rather sloppy job that’s characterised this mandate, which the department has claimed to have satisfied its legal obligations but has failed to uphold its own expressed pledge and excuse for the months of delay of protecting the identity of the victims of Epstein and associates’ sex-trafficking and rape, including so far the names, images and personal information of around a hundred survivors of the the expansive scandal.

ada violation (13. 139)

Not impacting the US general public and only a cadre of government workers left on the payroll, the partial government shutdown which began on midnight Friday is being characterised by many agencies as a “soft-lapse” and absent guidance or flagrantly ignoring the Anti-Deficiency Act, enacted by congress to prevent incurring obligations and or making commitments in excess of appropriated funds codified by congress during the reconstruction era following the US civil war to attempt to counter coercive over-budgeting encouraged by the executive branch to deplete fiscal expenditures prior to being replenished, this disdain—on Groundhog Day—of the regular ritual of furlough, exceptions and exemptions is yet (regardless if it lasted a weekend or weeks or tardy over time-zones) another sign that the Trump administration is shrugging of norms and statute. Guidance has not trickled down the hierarchy for many and are instructed to conduct business as usual until further notice, considering that many were written up for such transgressions during the last one, incurring more debt without backing and causing conflict in the casual chaos.

lapse in appropriations (13. 130)

After the record breaking furlough of forty-three days perpetuated in hope of extending healthcare subsidies only recently ended ahead of the holiday travel season, the US government has entered another partial shutdown with large swaths of the departments of war, exterior and health and human services unfunded, the budget supplement of Homeland Security bundled into these bills and following the second execution of a Minnesota resident by ICE agents—monies withheld by a coalition of Democrat and Republican senators in order to reign in their raids. Whilst lawmakers in the upper chamber were able to sequester funds from the DHS for a temporary two-week stopgap period to keep the operations running during for negotiations for reforms for the agency’s draconian tactics, they failed to meet the midnight deadline to return the proposed package back to the house of representatives for deliberation and to vote on its passage. It is unclear if congress—on recess until Monday—will endorse budget in this form, considering that the power of purse that’s been taken away from the legislature could also restrain the administration from implementing its gunboat diplomacy on Cuba, Mexico, Iran, etc, apply pressure for the full release of the Epstein files, still stalled in the justice department as it said it met its statutory obligation as well as trying to force real reforms in immigration enforcement instead of the window-dressing and scapegoating thus far implemented which does not seem to indicate a true shift in posture or policy and promises more of the same, particularly considering the arrest of observers and journalists covering raids and protests.

thrones and dominions (13. 127)

Responding to recent revelations that the members of the Alberta Prosperity Project, the separatist movement gathering signatures to hold a referendum by October on the question of the western province’s independence, have been meeting in secret with senior agitators from the Trump administration, several premiers have called this attempt to destabilise the union as an act of treason. A vocal minority of Albertans, around twenty-percent, according to polling would support the idea of separating from Canada but that figure drops precipitously when followed with cession leading to annexation by the United States, as was the case with Hawaiʻi (I fail to see the appeal either with no social welfare system and a host of inherent sacrifices in the name of winning), and to make the idea more palatable to the populace have turned the meddling to financial backing to the tune of half-a-trillion dollars to support the hypothetical sovereign country establish itself free from the support of the central government. First advocated at the turn of the last century shortly after its transition from a territory and premised on the the idea that the residents are culturally and economically distinct from the rest of Canada, with its wealth of natural resources providing more for the general fund than it takes from it and trade flowing north to south rather than latitudinally. Waxing and waning over the decades, the movement has mainly been fuelled by perceived threats to this oil dividend from taxation and environmental regulations but has now been shoved into polarised vibe politics and interference from US officials making little effort to veil their objectives. In contrast, Canada was roundly scolded by America for broadcasting a 1987 speech by Ronald Reagan critical of tariffs as foreign influence. As an outcome of the bid by Quebec—albeit a very different scenario with supporters and detractors from the whole political spectrum—Canada has codified the process of secession, something expressly forbidden in the US, with required negotiations, dependant on the outcome of the vote, with the federal government and upholding civil rights and the respect of First Nations—who strongly oppose such a break up and reject the dangerous and increasingly free-wheeling rhetoric as a threat undermining all Canadians. In the run-up, I’m sure that they’ll be no shortage of Trump’s favourite standby of rigged elections, beyond gunboat diplomacy with justification to “liberate” Alberta, like with Venezuela.

the party told you to reject the evidence of your eyes and ears—that was their final and most essential command (13. 111)

As monstrous and terrorising as the cosplay Gestapo is already, reaffirmed by ten of thousands demonstrators rallying in Minneapolis and beyond to protest their presence the White House, after posting a manipulated image of the arrest of a civil rights attorney railing against detentions in a church led by a pastor is who also supposedly and an immigration and customs enforcement agent—incidentally we wonder when we’ll see the latter part of their mandate in action once the smuggling of contraband wine and cheese begins to avoid high tariffs—to suggest she was taken away in anguish, altered by AI, moments after the original dignified and defiant photo circulated by Homeland Security propagandists, unapologetically saying that the memeification will continue. Labelling her a left-wing agitator, the lawyer is being charged with obstruction of the free exercise of religion for leading the protest in a house of god.

8x8 (13.110)

board of peace: German chancellor declines to be a party of the administration of Mandatory Palestine, joining several other regrets-only by world leaders, and Canada being disinvited 

irl: attempts at recreating sloppy AI-generated advertisements  

📺: as the medium celebrates its centenary with the first public demonstration in 1926, we reflect on one hundred of its greatest moments  

fighting nazis since 1996: former special prosecutor Jack Smith (previously) inadvertently re-platformed and given the chance to argue his case that Trump engaged in criminal activity that was removed from the docket—more here—via Meta Filter—and thanks a Capitol police officer in the gallery wearing a Drop Kick Murphys shirt 

snowmageddon: half the US braces for a colossal winter storm  

controlling share: TikTok parent company divests itself to avoid US ban—see previously 

a word on thinking for yourself: the existential threats of AI eschatology—via Duck Soup 

stayed a little back from the front lines: a global chorus repudiates Trump’s remarks about NATO contributions in Afghanistan

electoral collage (13. 078)

Via Nag on the Lake’s Sunday Links, we are referred to this hypothetical map (see previously)—which albeit premised on a lot of assumptions, like the United States actually annexing Canada as its fifty-first state and continuing to having free and fair elections—illustrates what the addition of the nation’s population would mean demographically and for the political landscape. It was long assumed Washington, DC might become a state jointly with Puerto Rico but now that the latter has turned less conservative, establishment Republicans don’t want to take the risk of ceding minoritarian rule. Assuming also rules governing the apportionment of representatives as outlined in their constitution and redistricting procedures controlled by individual states hold, the enlarged America (with different scenarios played out) would decidedly skew blue in favour of the Democrats and blunt the outsized power and influence of senators from rural, low-population polities. More at the links above.

6 january 2021 (13. 062)

On this day five years ago, a mob of Donald Trump supporters descended on the Capitol in an abortive self-coup to prevent a joint-session of the US congress from tallying and certifying the 2020 presidential election, formalising the victory of then president-elect Joe Biden. Instigated by Trump himself to “stop the steal” with false claims of widespread voter fraud and election irregularities, a “Save America” rally (in parallel to pressing vice president Pence to overturn the results) was held at the Ellipse at noon ahead of proceedings, the park south of the White House, gathering a crowd of thousands of MAGA members, whipped into a frenzy and dispatched to the Capitol. “If you don’t fight like hell, you’re not going to have a country anymore.” Some two thousand individuals forcibly entered the building, occupying the vacant senate chamber while authorities evacuated representatives amid vandalism and violence. Though repeating false claims, Trump told the mob to go home in peace. Certification resumed and by the next morning, Biden was declared the winner. Whilst not acknowledging defeat, under pressure from his cabinet, Trump conceded to an orderly transition of power in a televised statement. A week later, congress voted to impeach Trump for a second time but the senate failed to convict him, allowing the out-going president to run for public office again. Over fifteen hundred rioters were charged with federal crimes for the insurrection but as the culmination of the revisionist narrative that was presented regarding the event, all were granted clemency under the presidential pardon power by Trump just after re-taking office in 2024.  A full-time and archived news reports (a bulwark against memory-holed resources) from NPR at the link up top.

spioenasiesindikaat (13. 051)

Sentenced on this day in 1942 with cumulative incarcerations lasting three hundred years, the Duquesne Spy Ring was the largest espionage case in US history with thirty-three members of a Nazi Germany network of covert agents convicted after a lengthy investigation by the FBI, with a majority of the indicted pleading guilty on all charges and the remaining tried by an American federal district court in Brooklyn. Under the leadership of Frederick “Fritz” Joubert Duquesne, German-Boer mercenary of British extraction and naturalised US citizen, game-hunter (escorting Theodore Roosevelt on safari), journalist, hippopotamus exporter, and escape artist, members of the group were channelled into key administrative positions for counter-intelligence and sabotage, working as anchor restauranteurs, delivery men, power plant workers, and airline stewards, establishing safe-houses and front-companies—but none installed as politicians—to monitor Allied activities. Their operation was uncovered in part by reluctant double-agent William Sebold (Gottlieb Adolf Wilhelm, an engineer and industrialist emigrating to the US after WWI), coerced first by the Gestapo, recruiting the services of other emigres, and then by the Federal Bureau of Investigation, under J Edgar Hoover’s administration. Most were convicted for failing to abide by the Foreign Agents Registration Act and disclose foreign interests—FARA not prohibiting lobbying or any specific activities, it was codified in 1938 primarily to control Nazi propaganda.

synchronoptica

one year ago: the See of St Mark (with synchronopticæ), early eight-bit licensed games plus embroidery journals

thirteen years ago: a numerically unremarkable year plus antique motivational posters

fourteen years ago: future prospects for the Euro currency union plus the history of submarine warfare

sixteen years ago: predictions for 2010 

pale ale (13. 050)

As our faithful chronicler informs, on this day in 1876, the red triangle logo of the Bass & Co became the first colophon to be logged under the 1875 Act to establish a Register of Trade Marks when it came into force on New Year’s Day—which according to company lore, had employees queuing outside bureau offices on New Year’s Eve to be the first—strange for a bank holiday and Public Domain Day, as a demonstration of the brewery’s pioneering prowess in international branding and marketing. The iconic logo, simple yet pervasive, has been featured in over forty works by Pablo Picasso from his Cubist period as well as more contemporarily in James Joyce’s Ulysses, Leopold Bloom noting the triangle in the “Oxen of the Sun” (The Cattle of Helios in the Odyssey) episode and in Édouard Manet’s final painting (see also) Un bar aux Folies Bergère with the beer bottles depicted instantly recognisable and their conspicuous presence interpreted as an allegorical expression of anti-German sentiment following the Franco-Prussian war. Further achievements accomplished under the logo include being among the first corporate sponsors, licensing for production by foreign distributors and the earliest export entrant into the Japanese beer market.

listen to the cassandras (13. 044)

Via Kottke, we are invited to bookend this tumultuous year in geopolitics by taking a look back and a look forward to those who saw all this coming but were dismissed and maligned as scare-mongers by a growing movement of anti-alarmists through the lens of Greek myth appropriate for this tragedy befallen illiberal democracy. Writing for The New Republic, Toby Buckle addresses our collective infuriation by asking the reader to imagine being transported back in time to July of 2015, just after Trump announced his candidacy against Clinton. With the gift of hindsight but the curse of Cassandra—footnotes to Homer, you cannot prove you are from the future and are at a loss to convince anyone to take your warnings seriously. Were you to disclose the horror of the next decade, Trump’s election, the botched job handling the pandemic, the January Sixth insurrection, Trump’s reelection, the MAGA takeover of the Republican party, DOGE, soldiers on the streets, realignment of the world order, mass deportations, deflection, overturning civil and reproductive rights, etc, etc, etc and arriving at the Epstein files and at full-on fascism after eleven months, you would be rightly dismissed as hysterical, delusional to past people and regarded like the prophetess of Troy, given the ability to foresee events by Apollo but condemned never to be believed for not requiting the deity’s advances. Cassandras of course are not all women or the marginalised (though there is a certain element of pathologising misogyny with its anti-alarmist corollary being seen as masculine and reasonable) but comprise a majority of individuals of all sorts of backgrounds, but it’s a pejorative term used to shut down insight—and dialogue—and when used by the press as a scold is essentially a concession to meet the Nazis half-way. Though her story is the more familiar and sadly repeated to no effect one, Cassandra did have one lesser known compatriot, partisan in believing the Trojan horse was bad news in high priest Laocöon (see above), sharing Cassandra’s suspicions and begged his countrymen to light a fire under the horse to prove it’s not a trap. For his meddling, Laocöon was struck blind by Athena, whom was not on the Trojans’ side, and then he and his sons were strangled by a pair of sea-serpents for dramatic effect. The denizens rather took this divine punishment as proof that the priest was wrong to doubt the beneficence of Greeks bearing gifts. “Boy do I hate being always right…” more individual profiles in courage from Buckle at the link up top.

synchronoptica

one year ago: a year’s worth of data-driven observations (with synchronopticæ) plus more on effervescence 

twelve years ago: Norwegian New Year’s greetings 

thirteen years ago: New Year’s greetings 

fourteen years ago: pyrotechnics plus a bleak economic assessment for the coming year

fifteen years ago: lucky charms 

sixteen years ago: 2009 in review

public domain review (13. 021)

In anticipation of Public Domain Day 2026 (previously), here is a preview of the selection of literary and artistic works from 1930 and musical compositions from 1925 (under US jurisdiction, songs have a full century until IP lapses under current law) whose copyrights expire and are released to whomever and for whatever purpose. Artists’ works include Piet Mondrian’s Composition II, the pictured untitled work by Sophie Taeuber-Arp and Abel Lafleur’s Jules Rimet Cup—the original trophy of FIFA, along with countless works in the Art Deco movement registered in that year. Among dozens of cinematic works, All Quiet on the Western Front, the Three Stooges’ Soup to Nuts, The Marx Brothers’ Animal Crackers and Savadore Dalí’s and Luis Buñuel’s L'Âge d’or are counted in, as well as audio recordings by the Gershwin brothers like “I Got Rhythm” and “Embraceable You,” “Georgia on My Mind” by Hoagy Carmichael, “Dream a Little Dream of Me,”Leo Robin’s “Beyond the Blue Horizon,” the inspiration for the Star Trek theme (see also) and “Sweet Georgia Brown.” Comics and cartoons include Betty Boop, Disney’s first appearance of Pluto (as Rover) and Flip the Frog and other characters created by Ib Iwerks after he left the studio. More from Duke Law School at the link up top.

9x9 (13. 016)

brought to you by the inkjet lobby: the amount of redactions in the US justice department’s release of the Epstein files sparks outrage  

christmas and commerce: a David Sedaris holiday classic—see previously  

global building atlas: an ambitious project mapping all three-billion built structures worldwide  

grabenanlage: rescue archaeology in southwestern German town of Herxheim in 1996 suggests ritual cannibalism on a massive scale with research still ongoing  

your attention is all you have—wasting it is annihilating: Blackbird Spyplane on a life of screen-time—via Kottke

pithos: Roman amphora of sardines found in Switzerland 

orthorectified panorama: the Apollo transforming printer that developed cartographically accurate photographs of the Moon 

a christmas memory: Truman Capote recalls holidays past  

formerly known as the kennedy center: the history of the US national stage for the performing arts—see previously

as a student of history, many were written directly by the president himself (13. 012)

Dubbed the walk of fame, the colonnade of the White House communicating between the executive residence and West Wing and passing the paved-over rose garden, designed by Trump in September, inspired by a similar concept he’d seen whilst staying at a hotel, was finished recently with the gallery open to inspection by visitors and journalists with the addition of bronze plaques, reportedly dictated by the US president, reflecting his personal and political assessments of predecessors. Barack Obama is captioned as one of the most divisive political figures in US history with his “unaffordable” care act, accession to the Paris Climate accords, personal responsibility for the spread of the ISIS caliphate and repeats the conspiracy theories that he was spying on Trump’s campaign through the microwave; though credited with the establishment of the Department of Homeland Security, George W Bush is criticised for the wars in Iraq and Afghanistan; Clinton’s includes blaming Republicans to the legislative success of his agenda and mentions Hillary’s lost to Trump; and Reagan’s entry, full of praise, cites that he was a fan of “President Donald J Trump” long before his political career began. The most vitriol is directed to Joe Biden, repeating claims of a stolen election and labelling him as the worst president in history, replete with exclamation marks.

gelt (13. 010)

During a Hanukkah reception held at the White House, Trump invited Israeli-American mega-donor Miriam Adelson, widow of billionaire businessman, serial entrepreneur and casino and media magnate Sheldon Adelson whom was already the president’s largest single benefactor for his 2016 and 2020 campaigns and established a legal defence fund to shield Trump from fallout during the Mueller investigation, to join him on the dais, saying that when someone can give you a quarter of a billion dollars, “I think that we should give her the opportunity to say hello”—echoing the same sentiment nearly verbatim he said of Elon Musk during his re-election. Though constitutionally barred from seeking a third term, it’s hardly been a prohibition that he’s flaunted all along, and Trump intimated (with ample enough, indirect corroboration) that the generous two-hundred and fifty million dollar contribution would go toward his 2028 campaign, prompting riotous cheers from the assembled guest of four more years. Even if this horror of a moribund leader, like Israel had with prime minister emeritus Ariel Sharon, were to come to pass, with a very pliant supreme court and still time for a constitutional amendment—or convention, and as this gift, bribe (a relatively low one as the president’s a cheap date) or election is being directed towards a political war-chest for a future run that at present against the law, regulation on campaign finance funding do not apply and can be used however the committee sees fit, redistributing to other races or used personally to enrich the Trump estate.

grand prix (12. 992)

Joining Spain, the Netherlands, Slovenia and Ireland, Iceland’s national broadcaster, RÚV, has voted to boycott the 2026 Eurovision Song Contest scheduled to be held in Vienna over the decision of the organising committee, the European Broadcasting Union, not to expel Israel for its conduct of the war against Hamas and occupation of Gaza. The announcement coinciding with International Human Rights Day, Iceland cites that “give public debate in the country…it is clear that neither joy nor peace will prevail” regarding participation. Members of the EBU voted in a general assembly last week to adopt stricter rules regarding alleged ballot manipulation favouring Israeli contestants during the last Eurovision but fell short of banning them, with the mounting walk-outs casting a pall over what’s supposed to be a feel-good cultural exchange (though it has never been wholly apolitical) with diminishing acts and those remaining seeming like a whitewashing of recent events.

sounds about white (12. 984)

In contrast to last year’s officer holder, Pantone’s Colour of the Year (see previously—it’s truly not an annual tradition to keep a close eye on, though in this case, it’s not just the lower the stakes, the stronger the conviction) of Cloud Dancer seems a rather bland, neutral choice at first blush and a reversal of its previous pick of “Mocha Mousse” (someone said 2025: poop 2026: toilet paper) but then an interesting one given the political climate in the US specifically and has instead courted controversy, given the election of Trump to a second term, accidental Nazi salutes, immediate assaults on programmes working towards diversity, equity, inclusion and accessibility both in the federal government and then followed by private industry, revisionist histories including erasure of Black contributions and America’s past of slavery, enabling racial-profiling and unleashing armies of immigration officers on cities to terrorise people whom appear to have non-caucasian heritage, freezing immigration while offering refugee status to Afrikaners and the courts again set to hear the administration’s argument in favour of overturning birthright citizenship, just focusing on the solely racist actions. It seems the trend institute was not just throwing in the proverbial towel—though we contend that they well could have just been calling it in with the selection and exalted copy sounding suspiciously machine-generated.

synchronoptica

one year ago: America’s first electric vehicle (with synchronopticæ), celebrating a century of Dick van Dyke, St Ambrose, the fallout of AI replacing hyperlinks plus Scrooge’s tombstone

fourteen years ago: US state department announces it will no longer tolerate homophobia plus an end-of-the-year-figure-with-wings

fifteen years ago: disingenuous transparency 

sixteen years ago: COP 15 plus cable conglomerate to acquire NBC