In Their Wings, In Their Trees

"I’m very concerned about my client’s right to a fair trial in this case.  He’s being prejudiced by some statements that are being made by government officials. Like every other defendant, he’s entitled to a presumption of innocence. But unfortunately the way this has been handled so far his rights are being violated. And as you know, Your Honor, there’s a wealth of case law guaranteeing his rights to a fair trial, but none of the safeguards have been put in place yet here — in fact it’s just the opposite of what’s been happening. 

He’s a young man, and he is being treated like a human pingpong ball between two warring jurisdictions here.

These federal and state prosecutors are coordinating with one another at the expense of him. They have conflicting theories in their indictment, and they are literally treating him like he is some sort of political fodder, like some sort of spectacle. 

He was on display for everyone to see in the biggest staged perp walk I’ve ever seen in my career. It was absolutely unnecessary. He’s been cooperative with law enforcement. He’d been in custody for over a week. He waived extradition. He was cooperative at all accounts. There was no reason for the NYPD and everybody to have these big assault rifles — that frankly I had no idea it was in their arsenal — and to have all the press there the media there. It was perfectly choreographed. 

And what was the New York City Mayor doing at this press conference, Your Honor? That just made it utterly political. And as your honor knows under Loro v. Charles, the Court of Appeals for the 2nd Circuit has held it to be clearly established that these staged perp walks to the media unrelated to a legitimate law enforcement objective is unconstitutional. And I submit that there was zero law enforcement objective to do that sort of perp walk. There’s absolutely no need for that whatsoever. 

And frankly, Your Honor, the mayor should know more than anyone about the presumption of innocence that he, too, is afforded dealing with his own issues. And, frankly, I submit that he was just trying to detract from those issues by making a spectacle of Mr. Mangione. 

And there are consequences to this. 

He has a right to a fair trial. And I just want to put on the record statements that the mayor made publicly about my client. Nothing saying “alleged” for example. And he said “I wanted to send a strong message with the police commissioner that we’re leading from the front. I’m not just going to allow him to come into our city. I wanted to look him in the eye and state ‘You carried out this terrorist act in my city, the city of New York that I love.’” And he wanted to show symbolism. 

Your Honor, he’s not a symbol. He’s somebody who is afforded the right to a fair trial. He’s innocent until proven guilty. And the mayor was talking to jurors — future potential jurors that elected him. Those are the people that elected him that he is talking to and calling this man a terrorist.

SESAME STREET NEVER LEFT PBS!!!!

I realize that most of the coverage of the HBO deal ignored this fact, and so people online all freaked out thinking it would only be on HBO, but this was never true.

The deal was for HBO to get to air new episodes a few months before those episodes aired on PBS. And in return, Sesame Workshop - a nonprofit that does a lot of educational research and development beyond just the one TV show - got a huge influx of funding.

Which means that yes, they are losing this funding source, which is definitely bad! They will need more support! They get money from the government and from grants, but the HBO cash was a lot more.

But also, they are generally a very well-run nonprofit, and I’m guessing they knew the HBO money wouldn’t be forever. So I doubt they’re going to go under soon or anything.

i want to make a few comparisons here, in case you're not from the US or familiar with why the perp walk thing is something to pay attention to. just to set the groundwork for why this is a purposeful, unusual, and cruel act by the nyc police - for why this is not a common occurrence and for why that matters.

the prosecution alleges the show of force is due to the charge of "terrorism." for comparison, in june 2015, tsarnaev was found guilty for the boston marathon bombing, which killed 3 people and injured hundreds. his actions are considered to be an act of domestic terrorism. i have spent the last hour looking through google for pictures of similar to mangione's perp walk - and so far, i have found zero. i also just do not personally remember a moment like that, despite living in boston at the time.

they allege that luigi is a stone-cold killer who carried out a longterm plan, making him particularly dangerous. again for comparison: in nyc, recently cory martin was found guilty of the killing of brandy odom. the murder was planned and premeditated to steal insurance money. and yet no staged perp walk. why didn't her life matter enough for a "show of force"?

but mangione gets paraded by a veritable army of police officers as if he is a rabid animal. for a single citizen who allegedly killed one other single citizen, the "largest perp walk ever" occurs.

so what is the "strong message" that the mayor and the police were trying to send here? the mayor speaks as if mangione is already convicted of terrorism. there is a very thin number of people who feel threatened by the CEO's death. none of us felt like mangione needs to be under massive armed guard.

the message is that you shouldn't resist. they are trying to "make an example" of him - that if you behave badly and kill a single rich person, you'll be treated as if you killed hundreds of people. you will be treated worse than a man who was found guilty of terrorism. you will be considered guilty without trial. the message is that the rich are a protected class, and you cannot touch them without massive punishment. they are trying to prevent a revolution by showing dominance and force against you.

the message is that the police are a puppet of the wealthy and that the law is not equally applied across class disparity. it is "some are more equal than others." it is "one life is more precious than another."

And Clark is noticeably hurt that Bruce never told him.

Like eugenics was supposed to be based on the idea that "If it works with animals to select only the best ones to breed, why wouldn't it work with humans?"

well it doesn't work with animals, that's the thing. applying the eugenics ideas to domestic breeds of animals hasn't made better animals it's just made animals with more extreme expression of certain traits. turns out that when you decide which traits are the "best" and become obsessed with the genetic purity of the animals that have the "best" traits, you might well end up with some sad suffering creature like a Pug, or the Persian cats with the smashed faces that are in constant pain because their teeth and airways and brains are getting crushed by their skulls, or those meat chickens that grow so fast they can hardly even stand up after a few weeks old, or inbred race horses with tiny feet and fragile toothpick legs

like almost all traits are neither "good" or "bad" they're way more complex than that. a long tail or a long snout or a stubborn, independent personality can be good or bad depending on the situation. Who gets to decide what is a "good" trait or a "bad" trait? It's arbitrary and selecting for traits that are "good" in your opinion will often have both "good" and "bad" outcomes because the "good" and "bad" are part of each other and not separate its just part of being alive

Read this essay carefully taking note of her reasoning and the types of support she uses for her argument.

Jewish baby named Edgardo Mortara is seemingly about to die in Bologna, 1851

Catholic nanny secretly baptises him to save his soul, which she’s not exactly the kind of authority who can do that, but w/e, it’s interpreted by the church as valid later

Kid survives

1857 her secret gets out, a baptising makes a kid a Catholic according to the Church and a Catholic can’t be raised in a non-Catholic household in the Papal States, so the church authorises the police to kidnap Edgardo from his family

Raised personally by Pope Pius IX, Jewish family not allowed to take him back due to Church doctrine, this action destroys the family with grief and despair

This case gets international infamy with the Pope not understanding why everyone’s shiting on him for doing this, including allies

Emperor Napoleon III shifts from opposing Italian unification to supporting it as a direct consequence

Bologna falls the next year, 1859

Kingdom of Italy forms 1861

By 1870 Rome is lost to the Italians and the Papal States are no more

(Edgardo Mortara goes on to become Father Mortara)

The most infamous of these cases was the Finaly affair. Two Jewish children in France, Robert and Gerald Finaly, were placed in a Catholic nursery in 1944 in anticipation of their parents being deported to Auschwitz, where they were both murdered. Their aunt, Marguerite Fischel, survived the war and went to find the boys so she could take them to live with her. However, the nun who had custody of the boys, Antoinette Brun, adamantly refused to give them up, reportedly saying that “The Jews are not grateful”

What followed was a years long custody battle where despite being repeatedly ordered by courts all over Europe to return the boys, Brun took them to many different countries and hid them, with the support and help of other nuns and priests. It was suspected at the time, and later confirmed by documents released in 2020, that Pope Pius XII had supported the effort to keep the boys away from their surviving family and have them be raised Catholic.

Thankfully, after negotiations between a sympathetic cardinal in France and the chief Rabbi of Paris, the boys were finally recovered and reunited with their aunt.

I wish I could say that the phenomenon of the Catholic Church kidnapping children and keeping them away from their families for the purposes of forcefully raising them Catholic is unique to Jews, but it’s not. From the mid nineteenth century to the mid twentieth century, the Church ran hundreds of residential schools in the US and Canada where indigenous children were kidnapped from their homes and forced into these cruel and inhumane “schools”. The children were forbidden from speaking their own languages or practicing their own cultures and religions, their hair was cut, and they were subject to emotional, verbal, spiritual, physical, and sexual abuse. Many of the children died due to malnutrition or medical neglect, their bodies buried like dogs beside the schools. The Catholic Church was not the only Church to participate in this, but they’ve been the most reluctant to fully acknowledge and apologize for it. It was only in 2022 that Pope Francis apologized on behalf of the Catholic Church for their part, but some people found the apology inadequate.

Like eugenics was supposed to be based on the idea that "If it works with animals to select only the best ones to breed, why wouldn't it work with humans?"

well it doesn't work with animals, that's the thing. applying the eugenics ideas to domestic breeds of animals hasn't made better animals it's just made animals with more extreme expression of certain traits. turns out that when you decide which traits are the "best" and become obsessed with the genetic purity of the animals that have the "best" traits, you might well end up with some sad suffering creature like a Pug, or the Persian cats with the smashed faces that are in constant pain because their teeth and airways and brains are getting crushed by their skulls, or those meat chickens that grow so fast they can hardly even stand up after a few weeks old, or inbred race horses with tiny feet and fragile toothpick legs

like almost all traits are neither "good" or "bad" they're way more complex than that. a long tail or a long snout or a stubborn, independent personality can be good or bad depending on the situation. Who gets to decide what is a "good" trait or a "bad" trait? It's arbitrary and selecting for traits that are "good" in your opinion will often have both "good" and "bad" outcomes because the "good" and "bad" are part of each other and not separate its just part of being alive

In fact if you’ve ever been sleep deprived including being able to sleep in shorter bursts but unable to get several REM cycles or you use substances to cause sedation rather than sleep you’ve likely experienced mild hallucinations already

They’re called disturbances. The things like thinking you heard someone call your name, feeling crawling sensation on your skin briefly, seeing things move in your peripheral but nothings there when you look.

This is (one of the reasons) why I really hate the “I’m [anxious/ADHD/depressed/etc.] not crazy!” The divide you draw between yourself and people with psychosis and psychotic symptoms only serves to harm. Not only those you alienate but also yourself. Because you have no guarantee that you will not join us one day.

This is just one study but it implies that if you have anxiety or depression you may have a 1 in 4 chance of experiencing psychosis.

As if I'm not constantly relegated to being everyone's Big Angry Protector.

As if queer spaces haven't habitually treated me more like a snarling dog on my partners' leash than as a human being.

As if I'm not constantly told my "job" is to protect every other queer person with my physical body, even though I'm disabled.

As if I'm not assumed to be the aggressor in every dispute, even though I value de-escalation and mediation as vital skills.

As if I exist only to hurt others or to sacrifice my body for them, never being protected and comforted in kind.

Find someone else to defend pride against bigots. The butches are on strike until you treat us better and stop volunteering us for the firing line.

I'm tired of being told I'm supposed to take a bullet for people who would throw me under the fucking bus. Where's OUR defense squad? When do the butches get to be lovingly defended and treated to some kindness and care?