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There’s Much to Discover in Latest Lawsuit

Papers and newscasts mentioned that former President Donald Trump filed class action lawsuits Wednesday against Facebook, Twitter and Google over their suspensions of his accounts.

Three thoughts immediately came to mind; one in particular persists.

Thought #1: The First Amendment

The first, the suit’s lack of merit, has been mentioned widely elsewhere, citing various experts. As Paul Barrett, deputy director of NYU’s Center for Business and Human Rights was quoted in the Washington Post, Trump has the First Amendment “exactly wrong”. Facebook and Twitter have a First Amendment right to “determine which speech their platforms project and amplify – and that includes excluding speakers who incite violence…”

Indeed, the interesting question is whether, as many argue, such platforms have a duty to exclude such speech as crossing the line from speech into harmful conduct.

Thought #2: Irony

This was an offshoot of the first: the obvious irony of this purported conservative beseeching the Judicial Branch of the Federal Government to tell private companies how to run their businesses. (They must provide him accounts?) At least these defendants are large, powerful entities that can take care of themselves, compared to the countless individuals and small businesses ruined by dealings with him over decades.

As pointed out in prior posts, the Donald is “conservative” only when – and to the extent – it serves his immediate, personal interests. Any notion of his being a champion of the First Amendment is simply laughable.

Thought #3: Imagine the Discovery

But, most of all, the overriding thought was: Oh, how I would love to do discovery in defending these lawsuits! Lawyers for the defendants must be salivating at the prospect. They, along with prosecutors and investigators waiting in the wings, might almost hope the cases aren’t summarily tossed like the 60+ frivolous election cases. After all, this could be fun.

A Little Background

Before they go to trial, parties in legal cases both reveal and seek information reasonably available about the case they’re in. That applies to both the facts and legal arguments. The process for doing so is called “discovery”. Robust discovery is encouraged and often required.

It’s good for TV and movies to have last-minute “OMG!” surprises at trial. (Hey there, fans of Perry Mason.) It’s good public policy, however, to have parties better understand their opponents’ cases – and their own – earlier. Among the advantages of clarifying legal and factual issues up front are increasing the chances of (a) settling the case and (b) having a focused trial result in justice when the suit can’t settle.

Important point: We value discovery so highly that its scope is very broad. Generally, you don’t have to prove information would be admissible at trial in order to obtain it in discovery, for example.

Typically, all three methods of pre-trial discovery are under oath: interrogatories – where parties answer each other’s sets of questions; depositions – where witnesses testify; and (my favorite) requests for admissions – where parties must either admit or deny assertions made by the other party.

So…

It follows that anything arguably relevant is fair game for development via discovery. There are some very interesting items of relevance to the suspending of these accounts, given the events of January 6. Surrounding, but not necessarily limited to, January 6.

An obvious defense – perhaps the obvious defense – available in these lawsuits is that the plaintiff and his followers were misusing the defendants’ platforms to engage in dangerous, criminal, even seditious, conduct. The insurrection, horrendous in itself, is also both culmination of prior activity and precursor to future threats. (What exactly is to happen, by the way, when DT is NOT restored to the presidency in August?)

So, prepare those interrogatories, draft requests for admissions, and by all means schedule multiple depositions. And remind everyone that perjury is still a crime worth prosecuting.

Why’d He Do It?

This plaintiff has employed diversionary tactics often in the past. When something negative is brewing, outrageous statements and actions meant to distract are automatic. With various state and federal prosecutors poring over records, the organization being indicted, and Rudy Giuliani’s law license being suspended in New York, the seriously negative is just beginning to percolate. Perhaps he thought a pre-emptive strike in which he portrays himself as a victim might help.

On the other hand, maybe he just wanted his bullhorn back. He isn’t the lead story much anymore. It’s awful.

Finally, it may just be his latest fund raising scam.

Regardless, he may have been better off this time staying away from courtrooms and litigation. He’s going to be seeing more of each than he’d like, some on the criminal side, soon enough.

Ken Bossong

© 2021 Kenneth J. Bossong

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Now What?! A Suggested Approach to Pre-Inaugural Angst

The pandemic rages on with more victims than ever. The President of the United States cares only about convincing as many of his followers as possible that the recent election was stolen, while knowing it was not. OMG, what crazy, stupid, lawless thing will the President do next? If we find ourselves anxiously fretting over this, the Donald has us right where he wants us.

OK, so how is one to react to the latest assault on our country’s democracy? Matter-of-factly. The time has come to stop rewarding Donald Trump and his followers with howls of outrage, however deserved. With the possible exception of the inherent pleasure they derive from wrongdoing, nothing pleases Trump or a true Trumpster more than the apoplexy they elicit with bad behavior.

So, it’s not “You make me so mad I can’t sleep!” Rather, it’s time to shrug and say, “We expected nothing but the worst possible behavior from you, Mr. President. Someone willing to obstruct justice as you have is certainly going to obstruct a transition. Hire your movers and the best criminal defense team you can find. Pitch a reality TV show. Please excuse us, though; we have a lot to do, repairing the damage you’ve done to this country.”

We Saw This Coming, Right?

We were expecting, maybe, bowing to the will of the people? A gracious acceptance of obvious reality? Cooperative transfer of power in the nation’s best interests? An end, or even slowdown, to the barrage of lies? Doing the right thing?

We thought that after the election Donald Trump would urge all Americans to take reasonable measures to protect themselves and each other? Tamp down the politicization of the pandemic? Do something that actually would help the economy?

This Republican “leadership” (excuse the expression) was going to rein in Donald Trump? They were going to say harming the country with lies demeaning its democracy was going too far? They’re going to get interested in saving lives after a quarter-million lost?

C’mon. Seriously?  

This is not to suggest that dishonesty does not matter; quite the contrary. Honest, experienced election officials – Republican, Democratic, and Independent – are receiving death threats for doing their jobs and telling the truth. Exhausted health workers report patients using their dying breaths to deny the virus killing them.

The most famous current report comes from South Dakota, where nearly a half million bikers sneered at science with a super-spreader event in Sturgis. There is no doubt why the Upper Midwest became one of the nation’s hotspots this fall. Unmasked and undistanced partiers went home to every state, and, combined with smaller but similarly foolish gatherings everywhere, have made the whole country a hot spot again. Dishonesty matters, alright, especially when believed.

A Few Undeniable Facts – Election

By all accounts, regardless of political persuasion, 2020 was the cleanest election anyone can remember. That stands to reason, since everyone knew it would be the most scrutinized election ever. Elections generally are clean; our system works. But the chance of getting away with election fraud in this one was closer to zero than ever.

Joe Biden won. His 306 electoral college votes were the same number garnered by Trump in 2016. For four years we’ve been hearing from the Donald that this was a “landslide”, despite losing the popular vote by around 2.9 million votes. In contrast, Biden’s 306 electoral votes in 2020 saw a corresponding popular vote victory of over 5.5 million. It’s a clear, solid win.

Any assertion to the contrary is not only incorrect, but a knowing lie. Everyone with access to the facts knows this election was clean. To suggest it was stolen is a slander against our country, and all those who work hard and well on its elections.

Overturning any election in court requires compelling proof. In cases filed against this election, forget about proving anything – what’s being alleged is incoherent. If any specific fact is asserted, it turns out not only false but often the opposite of the truth. The suits filed aren’t just losers; they are frivolous.

Yes, He Knows

By the way, of course Trump knows he lost. He knew he was cooked when Biden won the South Carolina primary and then did so well on Super Tuesday. Why else would he be furious with Elizabeth Warren for not pulling out of the race and backing Sanders? Trump knew he’d have a chance against Bernie. Why else did he pursue that idiocy in the Ukraine before Biden was even the nominee?

If he knows he lost, why this behavior now? The easy answer is he’s just being the Donald. It’s no mere sore-loser petulance, however. The sad truth seems to include: (1) This keeps him the lead story, even as a lame duck, as long as possible. (2) Whatever can be done to hurt Biden, he’ll do. (3) He enjoys harming people in general, and our country and its core values in particular. (4) There are a few more items on the to-do list Vladimir gave him. (5) He is helping himself to one last fleecing of his adoring followers. As has been reported elsewhere, the small print in the current fundraising indicates that little or no money raised actually funds the baseless lawsuits.

A Few Undeniable Facts – Pandemic

COVID-19 is not just another flu. It is more contagious, more stealthy, and much more deadly. Its presence in a person days before symptoms manifest means that people unknowingly spread the virus everywhere, unless they take measures.

Transmission of COVID-19 is by personal contact, specifically most often by respiratory droplets. How long they linger, and under what circumstances, are still not fully understood. It’s easy to understand, though, that people breathing on each other spreads the coronavirus. Keeping a distance of about six feet, and knocking down droplets with masks, obviously help. So do circulating clean air, cleaning surfaces, and avoiding crowds.

At any time in our history other than the Trump Era, denying any of the above would have been regarded universally as sheer lunacy. Yet, one mask seen at a farm stand said “This Is What Tyranny Looks Like!” No. This is what common sense looks like.

The message from the White House has been “Ignore those fins of the great white shark. Everyone in the ocean!” (Indeed, not to beat the point to death, but the presidential response to COVID since March has been a real-world, large-scale rendition of the film Jaws, complete with mayor telling citizens to ignore the experts for fear of slowing an economy.)

The Need for Consequences

The expression is “No good deed goes unpunished.” The only thing worse than good deeds being punished, though, is bad deeds going unpunished. The wrongdoing recently, like that of the last four years, has been so voluminous and so serious as to require consequences. Otherwise, there will be no credible deterrent to future crimes and unethical behavior in high places. Don’t go after little stuff, but don’t ignore really bad stuff, either.

This is not for Joe Biden’s attention, by the way. He has even more important things to do. At every level, state and federal, we have good people who have made it their lives’ work to respond to bad behavior. Unfettered, these experts can be trusted to just do their jobs in various realms.

The Civil Case Realm

It is entirely appropriate in most jurisdictions to request both attorneys’ fees and sanctions in response to frivolous litigation. Without a shred of evidence, the suits being filed by or on behalf of Donald Trump are the epitome of frivolous. Every pleading in response to this nonsense should contain requests for sanctions and attorneys’ fees. It’s bad enough that gullible Trump supporters send their money in for this “cause”, only to have all or most of it diverted. Why should taxpayers have to fund the defense?

It is worth remembering that certain doctrines of law, like fraud and the RICO (Racketeer Influenced and Corrupt Organizations) Act, operate in both the civil and criminal arenas.

One other thought: How about a writ of mandamus against public servants who refuse to do their job in critical areas? This tends to come up when dedicated professionals are fired in favor of political hacks and donors. There are very good reasons for the Hatch Act and for political appointees to be greatly outnumbered in the public workforce.

The Ethical Realm

It is unethical for any lawyer to file pleadings lacking any merit. (RPC 3.1: A lawyer shall not bring or defend a proceeding, nor assert or controvert an issue therein unless the lawyer knows or reasonably believes that there is a basis in law and fact for doing so that is not frivolous.)

It is separately and especially unethical to do so knowingly. (RPC 3.3: A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client… (4) offer evidence that the lawyer knows to be false… or (5) fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal…)

Attorney Ethics prosecutors, often called Bar Counsel, should prepare themselves for a wave of cases. The Rules of Professional Conduct are not limited to those in private practice, by the way; they apply to all licensed lawyers.

Lawyers aren’t the only ones with ethics standards. Other professions, like medicine, have them. All three branches of the federal government have offices to ensure ethical conduct. While Trump and congressional Republicans each consider whether there is any act whatever Trump could do that would draw condemnation, here’s a link to the Office of Congressional Ethics: https://oce.house.gov/learn/citizen-s-guide

The Criminal Realm

The enormity in volume, scope, and severity of the crimes committed by and on behalf of Donald Trump boggles the mind. And that’s just what we already know. History will teach that our President Law ‘n’ Order broke more laws than any other ever, perhaps more than all others combined.

Crimes (like perjury, fraud, treason) each have elements that must be proven. They either happened or they didn’t. They either can or cannot be proven beyond a reasonable doubt.

The topic of pardons would justify its own post. Suffice it to say (as I have been for a couple years) that on his way out, Trump will

  • Pardon a long list of bad actors who committed crimes at his behest or for his benefit and
  • Either resign and have Pence pardon him, or pardon himself – or both

Donald Trump may find one last constitutional crisis irresistible, so brace yourself for that self-pardon thing. I’m not aware of anything definitive on whether a president can do it, but there’s this from a memorandum opinion written in the time of Nixon out of Justice’s Office of Legal Counsel:

“Pursuant to Article II, Section 2 of the Constitution, the ‘Power to grant…Pardons for Offenses against the United States…’ is vested in the President. This raises the question whether the President can pardon himself. Under the fundamental rule that no one may be a judge in his own case, it would seem that the question should be answered in the negative.”

As to Vice President Pence: he is not in Jerry Ford’s position; Trump is not in Richard Nixon’s position; and someday maybe we’ll count the number of Trumpian scandals that dwarf Watergate. Depending on how far Trump is willing to go with his treachery before January 20, the 25th Amendment, Section 4, might be the more to the point than Article II.

Finally, I’ve seen a suggestion that Biden should pardon Trump. I don’t think he should, and I don’t think he will.

A Quick Story

As an undergrad a long time ago at Rutgers, I bought an advance general admission ticket to a concert. I was excited because it was my first chance to see Archie Shepp, then as now one of my favorite tenor saxophonists. Excited enough was I to not pay attention as I approached the outside doors. Someone stuck out his hand and I handed him my ticket. While peering inside the lobby, I didn’t notice at first that the stub wasn’t given back to me. I looked back and the guy was gone, with my ticket.

At first, I was puzzled. Looking back inside the lobby, I realized they were actually taking tickets at the doors from the lobby into the venue. The ticket was gone, I couldn’t prove anything or identify the guy, and I couldn’t afford another ticket. I was almost as angry at myself as the thief. How could I have been so stupid? I hated the feeling of being “had”. (Indeed, until now, I haven’t told this story to very many people.)

It’s happened to most of us, one way or another, and we all hate the feeling of having been had. For at least two reasons, we don’t want to believe that’s what has happened. First, someone did something wrong to us. Second, we feel really foolish.

Millions have been had by Donald Trump. Some will never realize it; some will realize it, but never admit it. Some have realized it, or are beginning to realize it, already; for others it will take a while. It’s never easy, and it hurts. He’s quite the con man.

All cons are not the same, but it does feel better to learn from it and let it go. I’ve enjoyed many great events at Rutgers over the years. I’ve also seen Archie Shepp play three times now, worn out some of his albums, and loved every second of it.

So…

True and False.
Good and Bad.
Right and Wrong.

My parents taught me all about these concepts – which was which, and why the distinctions between them always matter. I’m eternally grateful. It’s time to fix the mess we’re in, preferably together. We’ve never needed these, our first principles and the building blocks of society, more.

To be effective, it’s better to skip the snark and the vitriol, but we must insist on fairness, and answer every lie with the truth. Investigate all wrongdoing, wherever the truth takes us. Prosecute proven crimes. Discipline breaches of Ethics. Do all this not out of spite or revenge, but simple justice. We can’t afford not to do it.

Matter-of-factly.

Ken Bossong

© 2020 Kenneth J. Bossong

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Post Scripts #2

[Since our first Post Scripts on July 13, 2019, readers have continued to respond to Other Aspects posts with interesting comments. Thank you to all who have written. I’ll periodically gather and share items of general interest in these posts called “Post Scripts”. The headings give the name and date of the most recent post being addressed (some posts build upon previous ones). The readers’ comments are in italics, to distinguish from what I write in reply. I edit only in the interest of space and context. Enjoy, and please keep sending your thoughts to KenBossong@gmail.com. Again, if anyone does not wish to be quoted, even anonymously as I’ll be doing it, please just say so when you email me.]

Missing The Trane (7/18/19)

Really, really enjoyed the Coltrane piece. Well-written and an excellent overview of his career, recordings and influences, as well as those he affected.  One of the best short summaries I’ve read about an artist.

Thanks for saying it was “short”, since I can get carried away – especially with a topic like John Coltrane, who deserves a treatise.

Wow, Ken. I just read your Coltrane piece and was blown away. I saw the email linking it earlier in the week, but wasn’t able to read it because I had one helluva busy week. I’m glad I waited until Saturday morning to read it. I could then savor the flowing prose and insights… Even though I knew most of what you wrote of Trane, I liked the way you methodically went through his recordings and evolution. Great perspective.

Thanks for the kind words, and for subscribing. I finally realized how to make that easily available by placing the button up to the right just below the blog’s header. That way, you get new posts without having to do anything.

I’m still hoping to do an in-person presentation of A Love Supreme before the year of its 55th anniversary is over.

The Flores v. Barr Cringe Fest (8/21/19)

I watched the news snippets of the DOJ’s attorney in front of the judges and listened to the judges chastise her for the Trump Administration’s version of what constitutes “safe and sanitary conditions” for minor immigrants. I also read articles following the case. Your legal knowledge and drill down of the case really helped confirm unfortunately what this administration is doing at the border.

I would like to see money spent on better temporary hospitals, housing and vetting stations at the border instead of a wall. Taking care of those people risking their lives to get here while taking time to decide who gets to stay seems logical and humanitarian. We are better than this and what’s happening now. History is not going to be good to this administration especially on the immigration issues, but we shouldn’t be waiting for history to decide the moral responsibility we have as a democratic nation.

How often do we find ourselves saying, “We are better than this”? If there’s one theme to Other Aspects, it’s this: We better be better; it’s up to us. From the same reader a few days later:

Can Trump get rid of the Flores agreement?

Here’s an edited version of how I responded on August 27:

“There is no easy answer to this. It could play out any number of ways. If the Agreement were simply the settlement of a case, that would be one thing. But it’s incorporated into a court order. The executive branch can’t simply ignore or override a court order. Yet, I don’t think res judicata (the thing’s been adjudicated; can’t reopen) applies in the usual way to a case involving ongoing interactions.
A few scenarios:
1) Congress passes legislation comprehensively addressing the issue and obviating Flores. Not happening, which is the subject of my ire going back to the post of 5/10/19.
2) Appropriate agency in executive branch does formal rule-making and issues regulations, which are litigated. This would also involve a lot of time and work.
3) Trump announces he’s defying the court order. Plaintiffs move to hold him in contempt. Mess ensues.
4) The administration does something akin to a hybrid of 2) and 3) not simply defying, but not issuing formal regs either. Perhaps an executive order or something. Litigation ensues.
Looks like 4) has already begun, as one might expect. Trump has announced a plan to abandon Flores, whatever that means, and 19 states have joined in a suit.”

Here’s an update: Shortly after this post, the Trump Administration announced new policies called the “Final Rules”, tossing out the Flores principles (by providing for indefinite detention, diminished safety standards, etc.). Plaintiffs sought continued enforcement of Flores. On 9/27/19 Judge Gee ordered just that, with an injunction against enforcement of the Final Rules. Appeal by the Trump Administration remains pending with the Ninth Circuit Court of Appeals.

…Your Flores blog is the perfect pitch [for a non-technical book about famous legal cases]. In just a few words, you took a complex matter and made it both clear and interesting to read.

Talent and Success in Sports (Part 1, 9/18/19 and Part 2, 10/2/19)

The following is from a reader from inside the Washington D.C. beltway:

Very well done! I enjoyed your analysis despite its “inside Philly BBall” skewing and skewering. We have a process here in Skins Country, too. It consists of:

  • knowing to a certainty every year that the season is a lost cause before any games are played;
  • understanding that Snyder’s strategy is to lose now and lose later;
  • being too ignorant to understand the grammatical subtleties of terms such as “transitive verb;” and
  • being mindful that there is little to choose between “tanking” and monumental incompetence.
    At least we have Max, Steven, Anthony and Juan.

You do have them, and what a remarkably unprecedented World Series they won with the Nationals! I wasn’t kidding about being grateful as an Eagles fan that Dan Snyder owns the Redskins, by the way. Now, if only the Dallas Cowboys could have retained their head coach even longer…The only real difference between tanking and monumental incompetence is intent.

Consider the Kurds and Weigh (10/31/19)

Well said…[Trump] is a deep insult to every veteran who stood up and served our country. I have spoken to my fellow veteran friends about his betrayal of the Kurds and they are livid.
I have run out of adjectives to describe his behavior and am stunned that his “base” cannot see or understand the harm he is doing, much of it irreparable.

Another reader cited a specific line in the post before commenting:

Abandonment of the Kurds to the Turks in Syria is the single most despicable act of a president in my lifetime.

What about the Abandonment of the Iraqis to isis by the prince of darkness? Or how about the thousands of Coptic Christians left to be slaughtered by isis? No help offered … Wouldn’t even allow asylum to the US for them… ask yourself why… Or how about our own soldiers and ambassador left to be slaughtered in Libya to cover up the running of weapons to Syria. Obama let isis run unopposed throughout North Africa while they offered almost daily videos of their beheadings, burning people alive etc… Or maybe we can remember the abandonment of the South Vietnamese in 75 with untold slaughtered by the North Vietnamese after the dems leveled Nixon, then defunded the south’s ability to hold the truce.
[A]t least the Kurds have hundreds of millions in guns and weapons that you and I paid for.   After 19 years of this Middle East crap, The American People are fed up with it.

Prince of Darkness? I don’t recall Miles Davis or Ozzy Osbourne being President.

I believe Obama’s withdrawal of troops from Iraq in 2011 to have been one of his mistakes, premature at best. Perhaps he felt the American people were fed up with this Middle East crap. It was in accord with a status of forces agreement (SOFA) signed by George W. Bush on December 14, 2008 that all US troops would be out of Iraq by December 31, 2011. (Remember the press conference where W had to dodge a couple of shoes flung at him by an Iraqi journalist? That was the one.) The withdrawal followed painstaking analysis in consultation with experts, and months of unsuccessful negotiations with the Iraqi government to keep 3-5000 there. I wish we had. While it would not have prevented the rise of ISIS, 2014 may not have played out so badly had we maintained a presence.

That includes what happened to the Coptic Christians, who have been the victims of persecution for centuries. While 2014 was the worst recent year, the persecution continues to the present. This is one of the outrages in the world that must be addressed by all as simply unacceptable. Of course, we still have wackos who deny the Holocaust.

Obama has called the Libya debacle his “worst mistake”. Gadhafi deserved to be ousted by the US-led NATO intervention (approved by UN resolution), but a lack of planning for what was to happen next left the violent mess it remains. Unfortunately, we failed to learn from W’s declaration of victory in Iraq after toppling Saddam Hussein. We seem astonished when the locals don’t  celebrate by rushing into the streets and setting up an American-style democracy the next day.

Then there was Benghazi, where inadequate security despite warnings left the embassy vulnerable to a deadly attack. The ambassador and three others were murdered; Obama and Hillary Clinton foolishly denied the attack was a terrorist act when they must have known better. Conspiracy theorists had a field day, especially after American arms found their way into the hands of terrorists in Syria. Altogether, Obama may be right that Libya was his worst mistake. Had I been writing a blog back then, my displeasure with Obama’s handling of Libya, Iraq, and other items would have been clear. That doesn’t change my assessment of Trump’s actions.

The misadventures of Vietnam are a whole other ballgame, well beyond the scope of the post. Mistakes go back at least to the Gulf of Tonkin resolution, yet another lesson that if you must misrepresent the truth, there is something wrong with your position. The democrats did not level Nixon, however; Nixon’s behavior leveled Nixon. Back then, reprehensible behavior had consequences. It was over for Nixon when Barry Goldwater, a conservative’s conservative, and Hugh Scott told him his Watergate position was indefensible, which it was, though nothing much compared to current presidential behavior. Now, Senate republicans are led by the likes of Mitch McConnell. [Sigh]

The point remains: Any president makes mistakes, but not Trump; just ask him. He don’t need no stinking experts. Issues are easy when all you care about is what’s best for you. (In an unsettling way, actually, this was no mistake. The president deliberately sought to create a diversion from the Mueller report and Ukraine.) Trump’s unique blend of ignorance, arrogance, dishonesty, corruption, and narcissism make him as spectacularly ill-suited for the presidency as a person can be. It’s interesting that his grave flaws are finally dawning on some of his fans due to his atrocious handling of COVID-19, the only crisis of his presidency not of his own making.

As we see how much worse the pandemic gets than it had to be, the withering criticism is richly deserved. I’m still concerned, meanwhile, about what an increasingly desperate candidate for re-election will do as he realizes he was correct in wanting to run against Bernie rather than Joe. Will there be any inspector generals left? Will any act of telling the truth in the executive branch go unpunished? Will the Trump campaign simply merge into the Department of Justice? After the Memorial Day we just had, one shudders to consider the distress and harm this one man can cause leading up to November.

I, Citizen (12/15/19)

I found it very interesting. I especially thought the part where you spoke about Hamilton was amusing since the majority of its viewers/fans are actually kids or young adults…I think I’ll share this with my government teacher from last year…

It should be safe to share my post with a former teacher, since he is no longer grading you. Meanwhile, I should probably ask you to explain some parts of Hamilton to me.

Thoughts on Choosing a College (1/25/20)

Thanks for posting this, Ken, as we are in the college application process for my youngest daughter. At this time the things that hit home for me were in your summary: do not believe there is only one perfect place for your child, the option to transfer later if things don’t work out, and the chemistry or subjective feel according to the student (something I believe applies more to the girls than the boys).

We don’t want 17 or 18-year-olds thinking their lives are ruined if they didn’t get in to good ol’ Alma Mater. Or somewhere a couple friends want to attend (for no particular reason). Or…

As to the chemistry or subjective-feel thing, my two favorite stories on this point involve one girl and one boy. Since writing this post, I’ve been feeling badly for high school seniors who were relying on college visits this spring to make their final decisions. Hopefully, the post’s checklist helps.

Ken, two comments:
1. Community colleges merit mention. Some of the most dynamic programs geared to actually achieving rewarding employment upon graduation are centered here, and the cost is very reasonable. Moreover, it is a good maturation ground for those who need some maturity before moving on to a four-year school.
2. Changing majors is not so easy at places like Cornell and Penn. This is key info that students and parents need to know before they hand over the check.

These are two good thoughts. The second point is generally true at some schools, and may depend on which majors are involved at others. If a school is particularly renowned in one field, securing admission to the college may not automatically mean that major is available to all. Some places just seem to make things more bureaucratic than others, though my overall sense is that these issues have improved over the years. When frustrated, we used to call red tape the “RU screw” at Rutgers in the 70s, but it is much better there now.

McCoy Tyner, Philly’s Pianist Supreme (3/9/20)

I read your excellent ode to McCoy Tyner, then listened to some of his work. I’m afraid my tin ear doesn’t get it, but then it took me until maturity (some would argue that’s still in the future) to appreciate Mozart, Beethoven, Patsy Cline, Husker Du and Meatloaf. Keep the good stuff coming.

Give McCoy another listen sometime. He really is all that. By the way, what did Husker Du? 

Tony Allen, Fela’s legendary drummer, died [on 4/30]. He wasn’t as iconic, but he was every bit as important [as Fela Kuti].

Indeed, what is Afrobeat without the beat? The list of greats we’ve lost recently is getting way too long. In addition to McCoy and Tony, RIP: Jimmy Heath, Lyle Mays, Henry Grimes, Jymie Merritt, Bill Withers, Bucky Pizzarelli, Wallace Roney, Ellis Marsallis, Lee Konitz, Little Richard, Lucky Peterson, Jimmy Cobb.

Dynamic Duos (5/10/20)

One reader already had a suggestion for a duo:

Dolphy and Mingus

They are on the list and a compelling pair. Also under consideration was Charles Mingus and his long-time drummer, Dannie Richmond. Given the volcanic temperament that accompanied Mingus’s genius, it’s astonishing how long and how consistently Danny played with him – and how well.

Multi-reed virtuoso Eric Dolphy, like his friend Bobby Hutcherson, was one-half of a dynamic duo with a number of colleagues, including the two of them together (Out To Lunch and Iron Man, among other truly great albums).

Again, thank you for reading – and writing.

Ken Bossong

© 2020 Kenneth J. Bossong