November 24, 2020

Happy Tanks Gibbon

 We're finally drawing near the end of the Worst Year Ever.  I used to enjoy Thanksgiving when I was a kid (mainly because it meant that Christmas was around the corner), but I've grown to enjoy it much more as an adult.  This is partly because the Dallas Cowboys play ever Thanksgiving, but mainly because progressives absolutely HATE Thanksgiving.  It's got everything progressives hate, namely God and colonizers.  It makes me smile knowing how much some liberals hate having a holiday dedicated to giving thanks to a Supreme Being for everything we have.  

It's also easy to forget how good we have it, even in a year like this.  Even people who are considered poor in our society live at level that would shame royalty for the majority of the world's history.  Be thankful for that.

Also, for all the pearl clutching about Donald Trump being a fascist and refusing to eave office, our constitutional system was put together so that it would be very difficult for anyone to radically change the way our country works or to hold onto power after losing an election.  In the end, whether Trump wants to try to stay in power after losing or not, there's no realistic way he can do it.  Our constitutional system works, and it works better than that of just about any other country (I'm looking at you, Fifth French Republic).  Be thankful for that.

I'm thankful that I'm able to work from home, but I'm also cognizant that I can only do it because a lot of people still get out of their homes to do their jobs, regardless of the pandemic.  Be thankful for these people and don't be an asshole to them.

I'm also thankful for all of you, who give me an audience to rant about how terrible a person Steven Chung/Shannon Achimalbe is.  Have a great Tanks Gibbon and stay safe.  Give thanks to whatever God you believe in for all that we have.  If you don't believe in a God, give thanks to Joe Pesci.




November 22, 2020

PA district court judge bench slaps Rudy in election lawsuit

 

                                                                 


            

Don't know if you are following Trump's various challenges to the election results in several key swing states, but it is pretty pathetic when not only do you fail to come forward with any evidence to support your voting-machine-manipulation-conspiracy theories, you fail to even plead the allegations in your operative complaint.

Extra credit pathetic is when the trial judge rubs your nose in it:


“This Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence,” U.S. District Judge Matthew Brann wrote. “In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more.”

READ THE STORY IN POLITICO. 

November 19, 2020

Where is the Last Man's Free Shit?

 Glawker posted a surprisingly bad piece by Steven Chung this week.  "How bad?" you are most certainly asking.  Let's have a look, shall we.

In this column, Mr. Chung discusses the progressive left's incessant calls to forgive student loan debt.  If you were expecting in-depth analysis with keen insights, you will be sorely disappointed.  First, Mr. Chung addresses whether President-elect Biden even has the power to broadly forgive student loan debt.

Can the president unilaterally forgive federal student loans? According to an opinion from the Legal Services Center of Harvard Law School, he can. In 2019, President Trump granted student loan forgiveness for disabled veterans. An executive order might be the only option as it is uncertain whether Democrats will control the Senate in January. Even if they did, some Democratic senators may be skeptical to the idea of wholesale loan forgiveness which will be paid by taxpayers, and it only takes one no vote to prevent passage of any forgiveness bill.

Well, if a group of lawyers working for the "Project of Predatory Student Lending" says the President can forgive student loans, it must be true.  And no, there's no chance these lawyers are biased given the nature of their practice.  I also love that he recognizes that many senators may balk at forgiving student debts and forcing the burden for peoples' poor decision making on taxpayers, but hey, that's why the President should do it by executive order.  You see, undermining democracy is just fine as long as it's a Democratic President doing it.

And then we have this incomprehensible paragraph.

Unfortunately, the coronavirus has worsened the student loan problem for many since they have lost their jobs or their usual business income. This means that most people will try to defer or skip student loan payments since food and shelter is more important.

This paragraph is terrible, but I can't tell whether it's because Mr. Chung is an idiot or because he's a terrible writer.  A straight reading of the paragraph gives the impression that because some people have lost jobs or income, most people are deferring or defaulting on student loan payments.  That's obviously untrue and the result of faulty logic.  However, Mr. Chung often assumes that everyone else in the world behaves like him (thank you Jesus that's not the case), so he may believe that since he's stopped paying his student loans, everyone else has.  Alternatively, he may have been trying to say that most of the people who lost their jobs or lost income are deferring or defaulting on their student loans.  If that's why he was trying to say, he did a terrible job.

Due to government shutdown orders, businesses must shut down or operate on a limited capacity. This means business will have to lay off employees or shut down altogether. For many people, their only source of income was the extended unemployment benefits. Business owners may have taken the SBA’s Economic Injury Disaster Loan or the forgivable paycheck protection program loan to cover expenses.

This paragraph serves no purpose and I'm not sure why he included it.  Maybe he's getting paid by the word?

While forgiving student loans will be good news for most who are stuck with massive student loans, will Biden’s $10,000 proposal be enough? And will it stimulate the economy in light of the unique challenges presented by the coronavirus? I want to focus on the economic effect (or lack of it) of forgiveness specifically so I will skip the moral arguments for and against forgiveness as well how it will affect people of color.

Of course Mr. Chung isn't going to discuss moral arguments (he's Neitzsche's Last Man after all) or the effect on people of color (he's RACEIST as fuck).  But I'm really hoping for some insightful analysis regarding the impact of Biden's student loan forgiveness proposal.

First, let’s look at whether Biden’s $10,000 forgiveness proposal is enough. For those with relatively low student loan debts, this can wipe out a significant chunk of it. This can give them more flexibility with the remaining balance. It will be easier to negotiate a lower monthly payment plan or refinance with a lower interest rate. Or they may decide to cut the daily lattes and avocado toast for a year and shoot to pay off the remaining loans within a certain time.

Wow, I kind of figured that forgiving $10,000 in debt would lower the amount of debt that borrowers had, but I never realized that it meant that they might end up paying less per month.  This is deep stuff.  Still not sure how he thinks that interest rate is tied to the balance.

But for those with large student loans, forgiving $10,000 will have little or no effect on their finances. Let’s suppose someone has a federal loan balance of $150,000 with the 6.8% interest rate which was the going rate a few years ago. The annual interest alone is $10,200. Similarly, for someone with $250,000 in student loan debt with a lower 4% interest rate, the interest accrual will be $10,000. For those who let interest accrue due to unemployment or making minimal payments, Biden’s $10,000 forgiveness if applied to interest first, will not affect the principal balance.

I certainly never figured that people who had borrowed substantially more than $10,000 would still owe lots of money after having $10,000 of debt forgiven.  Way to go Steven!  Of course, the only useful thing that Steven could have talked about here is how much less per month someone would pay after having $10,000 of student debt forgiven.  Of course, he never discusses this.

Second, will forgiveness boost the economy? It is possible that the psychological effect of forgiving loans would encourage people to spend money more freely. But to stimulate the economy, people must have money to spend. And they must be willing to spend it on goods and services, instead of doing financially prudent things such as paying down debts, saving, or contributing to a retirement account.

I agree with Steven that Biden's proposal won't stimulate the economy, but his reasoning is terrible.  Assuming that people who made extremely foolish decisions regarding student debt will suddenly do something financially prudent is idiotic.  The person who borrowed $250,000 to get a degree in comparative intersectionality is precisely the idiot who will think that the government wrote them a check for $10,000 and go out and buy whatever stupid people buy these days.

Or to use a more realistic example, suppose someone is on an income-based repayment (IBR) plan and lives paycheck to paycheck spending only on basic necessities. Forgiving student loans will not provide additional money or free up funds for most of these people. So long as they are on an IBR plan, their monthly payment will likely remain the same. And if these people have no discretionary funds left after their expenses, they won’t have any money left to spend.

Now we see why Steven Chung thinks Biden's proposal is a bad idea.  He's on IBR and he's smart enough to realize that forgiving $10,000 of his insurmountable student loan debt won't cut his monthly payments since he's already paying less than he owes.  His proposal to remedy this "injustice" is predictable. 

I think a better idea is to refund student loan payments already made and make them forgivable. This will provide money to people that can be used to pay for goods and services which will stimulate the economy. Providing refunds is also a more fair solution because it will also benefit those who sacrificed to pay their loans in full. Finally, no limitations should be placed on the refund amount for those with higher incomes in the name of fairness if the main goal is stimulating the economy.

I'm totally shocked that Mr. Chung wants the Federal government to write him a check for $10,000.  Thankfully this will never come to fruition since it would essentially be a welfare check to educated people.  I'm as woke as a brick and I still find that solution distasteful.

The calls to forgive student debt piss me off because it gives the most benefit to those who made the worst decisions.  If you borrowed $300,000 and can't get a job that pays well, I don't have any sympathy for you.  I have three degrees and I put a lot of thought into getting through it with as little debt as possible.  I wanted to make sure that if I didn't become a top-hat-and-monocle-lawyer, I wouldn't have a crippling mountain of debt.  The extreme forgiveness proposals like those advocated by Sanders and Warren essentially give people like me the finger.  

James Meigs calls this "The Chump Effect" in a recent article.  It's a good read, by someone who can actually think and write.  I highly recomment it.

https://www.city-journal.org/chump-effect-of-progressive-policies





November 13, 2020

Seems Like A Solids Move

 For an associate.  Quoting in full from a garbage post by ATL



But it should be obvious, not everyone at the firm is pleased about it. Today, Kevyn Orr, partner-in-charge at Jones Day’s D.C. office, hosted an associate call to discuss the recent controversy. But apparently after giving his spiel, the call was ended without letting associates register their opinions. Which ticked some folks off.

Parker Rider-Longmaid, an associate in the Issues & Appeals practice — and a former clerk to Justice Ruth Bader Ginsburg — was apparently deeply disappointed at Orr’s decision not to answer questions and let fly an email to the entire D.C. office registering that displeasure:

Kevyn, my understanding was that we would have an opportunity at today’s meeting to ask questions or say something. Robin and I had prepared to say something. So now I will share it with all of you this way.

We dissent.

I don’t believe the question here is whether the Pennsylvania election cert petition has legal merit, or is instead frivolous.

I believe the question is whether this firm should lend its prestige and credibility to the project of an administration bent on undermining our democracy and our rule of law.

Make no mistake. From the outset, this petition was designed to suppress the vote, to ensure that fewer of our fellow Americans’ voices would be heard, in the midst of a global pandemic like we have never seen in our lifetimes.

And now, it is being weaponized to threaten our generations-long tradition in this country of peaceful and democratic transition of power.

I believe that our society should strive to become a more just and inclusive representative democracy. And this petition, and the project to which it lends our collective prestige, stands firmly in the way of that ideal.

We as lawyers choose our clients and our causes. We choose what we stand for. And this project, I submit, should not be one of those things.

As an American, I am today deeply disappointed in this firm. I do not accept as simply unpopular what is profoundly undemocratic. We are better than this. And yesterday should be no excuse for tomorrow.

We dissent.


https://abovethelaw.com/2020/11/oh-to-be-a-fly-on-the-wall-at-jones-day-as-dissension-at-the-firm-grows/ 

November 10, 2020

ATL Cheers Ad Campaign Attacking Jones Day

 Ok I'm not a... professional marketer, but it seems to me if you write for a website aimed at lawyers, it's probably not a good idea to support a televised ad campaign targeting a major law firm that has taken on an unpopular client.

The grifters at the Lincoln Project are creating TV & social media ads targeting Jones Day & Porter Wright for the stuff they're doing for Trump, whatever that is.  
 
Apparently there are some people & organizations that shouldnt have access to legal representation. Naturally KRubino is totally on board.

Worse yet, ATL seems to approve of naming & harassing the clients of these two firms, such as General Motors.  We're instructed to send messages to the employees of these law firms via Linkedin, asking them how they justify working at such a place?
 
Yes I'm sure all the paralegals and assistants who survived the Covid job purge will immediately storm the managing partners office demanding change OR ELSE
 

November 9, 2020

Prepare the Circular Firing Squad

 Also, who are these “prominent legal scholars” on Twitter Fredo might be referring to?

 Just like in 2015 when liberals waved off the possibility of reforming the judiciary because they thought they were about to win, liberals this time around saw the chance to take their own turn taking a baseball bat to norms of good governance like McConnell has and hyped themselves up for a broadly unpopular maximalist position that ended up as an Albatross around their Senate hopes.”

https://abovethelaw.com/2020/11/court-packing-advocates-probably-cost-democrats-the-senate/

November 5, 2020

An Unstoppable Force Meets an Unfounded Demand

I was surprised to see the broadcast footage of near-berserk fanatics, shrieking, "Stop the Count!! Stop the Count!!"

Friends and colleagues, can they really believe that such a thing even might be possible? Upon a day, an entire squad of Killary Seelrs tried, and yet failed. Dismally. Is there yet hope for any other similarly inclined to try?

Don Johnson, Don Rickles, Don Knotts, Don King, Don Trump, how did things ever get so far?

Can there be a lawyer so fearless, a court so omnipotent, or any law so convenient as to lend its support once the Count is underway?  I am highly skeptical of the premise. As the great Lao Tzu is said to have once remarked, "No lawyer's argument, no court's injunction, can go against the way of enumeration."

Simply put, there is not enough garlic, not enough silver, and not a real prospect of stopping it now.

https://www.youtube.com/watch?v=ZIniljT5lJI

November 4, 2020

So? Any good local election results in your states?

 

I'll go first, since this is my post and I'm the only one still awake.  Happily, Uber & Lyft (thanks to my $50 $50,000 contribution) destroyed the unions via Prop 22, so ride share drivers can continue to work as independent contractors. Suck it Gov Newsome! 
 Also some dumb-ass rent control proposition seem to be going down...excellent. Also affirmative action re state colleges is DOA--thanks Asian parents!
 
In short,  CA is a weird place.
 
Also the War on Drugs is pretty much over. Yay! Kudos (for once) to Oregon for decriminalizing pretty much everything. Also shout out to Wash DC (I know I know I know) for legalizing schrooms. Not my thing but could be some day...

November 3, 2020

Election Day Open Thread

 Setting this up so everyone has the ability to make fun of the senile candidates, their soulless runningmates, and the people who want any of them in power.