The Weekly Sift

It’s alright for you if you run with the pack.
It’s alright if you agree with all they do.
If fascism is slowly climbing back,
It’s not here yet, so what’s it got to do with you?

So close your eyes, stop your ears,
Shut your mouth and take it slow.
Let others take the lead, and you bring up the rear,
And later you can say you didn’t know.

– “Song of Choice” by Peggy Seeger

This week’s featured post is “‘Unitary Executive’ is a Euphemism for Tyrant“.

The quote above deserves some curation. Peggy Seeger was Pete Seeger’s half-sister, and wrote many songs with her husband Ewan McColl. I’m a little sketchy on the exact provenance of “Song of Choice”. Some web sites claim McColl was a co-author, and I haven’t seen an exact date for it. It appears in a 1992 collection of Seeger’s songs, which includes songs that go back as far as 1955. One version included the line “In April they took away Greece”, which might refer to a Greek coup in 1967.

I heard the song for the first time Saturday at the Lowell Folk Festival, where it was sung by the Irish band Solas. Its contemporary relevance is obvious.

This week everybody was talking about …

Oh hell, they were talking about Jeffrey Epstein, but I can’t bear to lead with that again.

Let me tell you about a legal victory this week instead: Trump’s attempt to undo the 14th Amendment’s guarantee of birthright citizenship has lost again in court. This time the loss was in the 9th Circuit Court of Appeals, one step below the Supreme Court.

This case has wandered through a legal labyrinth, so let’s review: One of the first things Trump did after getting sworn in for his second term was to sign an executive order denying the citizenship of any child born in the US if the mother’s status within the US was either undocumented or temporary. He was attempting to stretch the one loophole in the 14th Amendment, that birthright citizenship requires that the child be “subject to the jurisdiction” of the United States, i.e., not born to a foreign diplomat or a sovereign Native American tribe.

No court that has heard this argument has found it credible. Two district courts have rejected it, and it was quickly blocked by a nationwide injunction. The administration appealed not the case itself, but the injunction, and got the Supreme Court to put limits on nationwide injunctions without addressing the citizenship issue itself.

A subsequent judge got around that ruling by declaring the children affected by the order to be a class and issuing an injunction in the class-action lawsuit. Another district judge ruled that only a nationwide injunction could provide relief to the states that filed the lawsuit in his court. The appeals court upheld that injunction Wednesday.

The Trump administration had hoped to sow chaos by limiting injunctions to the jurisdictions where cases had been filed and the states willing to file suit. In red states, then, children of undocumented immigrants could be treated as non-citizens at least until a full resolution of the case by the Supreme Court, and the Court could enable that abuse just by stalling a final decision. But so far that plan is not working.

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More good news from the courts: One judge has ordered Kilmar Abrego Garcia released on bail pending his criminal case, while another is barring ICE from arresting and deporting him to some random country as soon as he goes free. He’s not out yet, but it could actually happen.

Abrego Garcia is the guy the Trump administration sent to their Salvadoran gulag by mistake. They’ve been trying ever since to avoid admitting that mistake or rectifying it.

and trade deals

Trump’s on-again-off-again tariffs are due to come back on Friday, as the 90-deals-in-90-days he envisioned weren’t happening. But this week the administration announced deals with both Japan (Wednesday) and the EU (yesterday).

The administration made upbeat claims for both deals, but the actual provisions may be disappointing in practice. It’s too soon to grasp what’s in the EU deal, but Paul Krugman has had time to look at the Japan deal and find quite a bit less than Trump has claimed.

But why are U.S. manufacturers so upset with the Japan deal? Because in combination with Trump’s other tariffs this deal actually leaves many U.S. manufacturers worse off than they were before Trump began his trade war.

This is clearest in the case of automobiles and automotive products. Trump has imposed a 25 percent tariff on all automotive imports, supposedly on national security grounds. This includes imports from Canada and Mexico. And here’s the thing: Canadian and Mexican auto products generally have substantial U.S. “content” — that is, they contain parts made in America. Japanese cars generally don’t.

But now cars from Japan will pay only a 15 percent tariff, that is, less than cars from Canada and Mexico.

OK, it’s not quite that straightforward, because imports from Canada and Mexico receive a partial exemption based on the share of their value that comes from the United States. Yes, it’s getting complicated. But we may nonetheless now be in a situation where cars whose production doesn’t create U.S. manufacturing jobs will pay a lower tariff rate than cars whose production does.

OK, this is an algebra problem, but not a very hard one: Any car imported from Canada or Mexico with less than 40% US content will face a higher tariff than a Japanese car with no US content. Example: Suppose a Canadian car is 1/5th US parts. That knocks its tariff down by 1/5th, from 25% to 20%. That’s higher than the 15% tariff on a Japanese car.

Wait, there’s more. Trump has also imposed 50 percent tariffs on steel and aluminum, which are of course important parts of the cost of a car. Japanese manufacturers don’t pay those tariffs.

Overall, the interaction between this Japan deal and Trump’s other tariffs probably tilts the playing field between U.S. and Japanese producers of cars, and perhaps other products, in Japan’s favor.

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And remember reports of a $550 billion investment fund where Japan would supply the money but the US would get 90% of the profits? Not exactly.

and I can’t believe the Epstein story still hasn’t died

OK, I do have to mention it.

The individual pieces of this story are still getting plenty of coverage, so I won’t belabor them. But the big news is that the House of Representatives recessed early so that Republicans in Congress won’t have to vote on measures to demand the release of the Justice Department’s Epstein files. Individual Republicans are caught between Trump (who apparently has something to hide) and members of their base who have spent years focused on Epstein conspiracy theories.

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The creators of the cartoon South Park appear not to be intimidated by Trump. The opening episode of the new season shows him sleeping with Satan, having a tiny penis, and it visits various other indignities on him. Jesus warns the population of South Park that if they don’t stop protesting against Trump, they’re all going to be cancelled like Colbert.

South Park represents a different comic audience than comedians like Jon Stewart or Seth Meyers. This is more the burn-it-all-down crowd that includes a number of 2024 Trump voters.

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The most interesting article I read about the Epstein controversy this week was by Josh Marshall, in a members-only section of TPM. He addressed the question of why pedophilia is special to MAGA. Why do they care so much about bringing Jeffrey Epstein’s pedophile friends to justice, when they care not at all about the women Trump has abused, or just about any other victim of a sex crime? His answer is that it is

MAGA’s hyper-focus on pedophilia and sex trafficking conspiracy theories which needs to be emphasized. Because at a basic level, that obsession has nothing to do with pedophilia as a thing in itself — not as most of us might understand it.

The obsession isn’t about justice for the victims of pedophilia. In MAGA-world the victims figure barely at all. What matters is the perpetrators, who in the various theories are the elite conspirators running the world and indulging their every whim without consequence.

In the MAGA world, pedophilia isn’t a crime or abuse that needs to be stopped. It is more a legitimating tool which provides a license for cleansing acts of retributive violence and revenge. This is what’s at the end of the story in every far-right/MAGA conspiracy: a wave of eliminationist, cleansing violence led by someone like Trump in which the bad guys, the liberals, the Democrats, the globalist elites, etc etc are wiped out.

… Because pedophilia summons a level of disgust, anger and revulsion that makes the perpetrators seem uniquely inhuman, less than human, people against whom total violence is acceptable and necessary. In other words, these conspiracy theories are systems of thought that provide sanction and legitimation for what you want to do to your enemies. They’re about the enemies. The role of pedophilia in these stories is just a means to an end, making what you want to do with your enemies okay.

and Gaza

Yesterday the WHO reported:

Malnutrition is on a dangerous trajectory in the Gaza Strip, marked by a spike in deaths in July.

Of 74 malnutrition-related deaths in 2025, 63 occurred in July – including 24 children under five, a child over five, and 38 adults. Most of these people were declared dead on arrival at health facilities or died shortly after, their bodies showing clear signs of severe wasting.

The crisis remains entirely preventable. Deliberate blocking and delay of large-scale food, health, and humanitarian aid has cost many lives.

Meanwhile,

The Israel Defense Forces (IDF) said it would implement a humanitarian pause in several population centers across the Gaza Strip beginning Sunday morning and repeating each day until further notice. On Saturday night, the Israeli Air Force conducted air drops of food into Gaza. Jordan and the United Arab Emirates began air drops on Sunday, with more expected in the coming days.

100 aid trucks are reported to have entered Gaza Sunday. But CNN describes this as a “trickle” that is not adequate to resolve the food crisis.

I keep seeing arguments that Israel is not committing genocide in Gaza. The NYT’s Bret Stephens quotes the UN Convention on Genocide’s definition, and basically argues that if Israel intended to kill all the Palestinians, they’d be doing a much better job of it.

I want to point this much out to anybody thinking of making a similar case: When you start consulting the exact definition, you’ve lost the moral high ground. Let me make an analogy: Suppose you just got back from a business trip that also included some attractive colleague. Your spouse accuses you of being unfaithful, and you respond “Define unfaithful.”

You’re not helping yourself by making that case.

and you also might be interested in …

How far away does Trump have to go to run away from his troubles? Scotland wasn’t far enough.

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Nashville is having its 27th straight day of 90-degree temperatures, with heat index predictions as high as 110 on Tuesday and Wednesday. But carry on; nothing to see here; global warming is a hoax.

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During the anti-ICE protests in Los Angeles,

The justice department has charged at least 26 people with “assaulting” and “impeding” federal officers and other crimes during the protests over immigration raids. Prosecutors, however, have since been forced to dismiss at least eight of those felonies, many of them which relied on officers’ inaccurate reports, court records show.

The justice department has also dismissed at least three felony assault cases it brought against Angelenos accused of interfering with arrests during recent immigration raids, the documents show.

The problem seems to be that federal officers lied in their official reports.

One DHS agent accused a protester of shoving an officer, when footage appeared to show the opposite: the officer forcefully pushed the protester.

Here’s another example of that. But maybe the point of these arrests isn’t to get convictions.

“It seems this is a way to detain people, hold them in custody, instill fear and discourage people from exercising their first amendment rights,” [former state prosecutor Cristine Soto] DeBerry said.

and let’s close with something satirical

The great satirical songwriter Tom Lehrer died Saturday at the age of 97. Here’s a video of him performing in Norway, probably sometime in the 1960s.