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Comment Re:Can I pay him not to post? (Score 1) 178

isn't even clearly defined

The definition is literally in the clause - the president gets a salary for being a president and nothing else.

Crystal clear.

I wish it were that simple.

First, note that there isn't one emoluments clause, there are two. And they're quite different.

The Foreign Emoluments clause prohibits any officer of the government, which would include the president, though that's not specifically stated, from accepting a "present" from any foreign government. The problem with this is that it's not clear how it's supposed to be enforced with respect to the president. Traditionally, presidents have treated gifts as gifts to the country, and when they wanted to make an exception they asked Congress to authorize it. Mostly. George Washington famously kept a painting the French gave him. Trump, er, took a different approach, simply ignoring the Foreign Emoluments clause, which the Constitution says isn't allowed... but then what? Congress never passed any law defining how exactly the clause was supposed to apply to the president (there are laws about not accepting gifts for pretty much everyone else in the executive branch)... so, how it might work is undefined.

During Trump's first term, a bunch of Congressional Democrats sued Trump for violating the Foreign Emoluments clause, and their suit was dismissed for lack of standing. Courts ruled that individual legislators (much less individual Americans) lack standing to sue over it, only Congress as a body has standing, and Congress as a body hasn't been interested in acting. There were also some suits by DC hospitality businesses claiming economic injury because foreign visitors chose Trump's properties to curry favor. The district court said they didn't have standing but that was reversed on appeal.. but never decided because it was mooted when he left office. The DC and Maryland governments sued and courts went back and forth on their standing, but that was never decided either, then mooted when he left.

So... at present there is no enforcement mechanism unless Congress creates one, or unless the courts decide that someone (and it's not clear who that might be) has standing. And we also have no idea what the remedies might be.

The Domestic Emoluments clause is more precise, but very narrow. It says Congress can't change the president's salary during their term, and that the president can't be paid by the federal government (other than his salary) nor any state government. That says nothing about Wall Street bros buying insider info, people paying for pardons, hodlers buying crypto to get a sit-down... none of that.

Comment Re:Madness (Score 1) 178

And half the country gives out a collective yawn.

Not exactly a yawn. More like a shake of the head at more evidence that all politicians are on the take, perhaps with a wry grin that "their guy" is smarter and better at it and so makes a lot more money.

I mostly don't talk politics with my family because they're Trump supporters and it creates friction, and accomplishes nothing. This morning, though, when I saw this news, I started typing a post on the family chat to ask if they're really okay with it. By the time I got to the end, I realized I knew exactly what their response would be "Nancy Pelosi does it, too, Trump just does it better", so I deleted my post, unsent.

That reply is wrong in degree, of course, but, sadly, it's not wrong in kind. We've long tolerated insider trading by Congress, and a revolving door between regulators and the companies they regulate. The Supreme Court has allowed its justices to take veiled bribes, and even ruled that government officials can accept bribes as long as the payoff comes after the action. Prior to Trump, presidents and their staffs stayed out of this mud, but if others can do it, why not the president?

The root of the problem is voter acceptance of corruption. Too many Americans just assume that all politicians are corrupt and there's nothing you can do. They're wrong on both points -- and in fact the US previously did have massive public corruption and then mostly shut it off, but Americans don't know their own history -- but until voters care enough to get Congress to act, this is the new normal.

Comment Re:Can I pay him not to post? (Score 1) 178

It is completely illegal. Here's how:

The Domestic Emoluments Clause (a.k.a. the Presidential Emoluments Clause) (art. II, 1, cl. 7): “The President shall, at stated Times, receive for his Services, a Compensation which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”

That's written in the basic US law, which TRUMPs any other laws.

It should be, but the Emoluments Clause has never been enforced and "Emoluments" isn't even clearly defined, legally speaking. It's pretty much a dead letter.

The only practical backstop here is impeachment and conviction, but the Republicans in Congress aren't going to allow that, not until and unless their voters begin to care.

The AC who replied is technically wrong: The immunity ruling only applies to official acts, and Trump's participation in TMG is not official. However, Trump would probably claim that he had nothing to do with this decision and the immunity ruling also effectively prevents investigation of any personal crimes that were committed because it blocks investigation of anything that touches on official acts. So as long as Trump made the call ordering it from the from the Oval Office, it's unlikely that any evidence could be obtained. If someone in the know at TMG testified against him, that would work, but it's very unlikely anyone with a conscience has direct knowledge.

Comment Re:People want biased news. (Score 1) 82

Why would you stop a recount? That reeks of corruption.

Why would you stop a selective recount aimed at finding more votes in a specific set of counties that tended to lean toward one candidate? Hmm...

The above is a one-sided interpretation, but it's not an unreasonable one. The situation was that Florida had voted with punchcard ballots, and there were problems with a percentage of the ballots, both "overvotes", cases where more than one candidate was punched, and "undervotes", cases where no candidate was punched in a race. But it turns out that when you're talked about punched cards, "punched" is an ambiguous term. There were cases where chads (the little rectangular pieces of paper that get punched out) were left barely attached ("hanging chads") and cases where they were partially punched but still fully attached ("dimpled chads"). And everywhere in between.

Gore's team called for the targeted recount, arguing the theory that the targeted counties had more elderly populations who were more likely to have failed to fully punch their choices, resulting in "undervotes" when the scanning machines read them, i.e. the machine saw no holes for a race and decided that the ballot didn't vote for anyone. They argued that human examination of those ballots could clearly see in some cases that a position was punched and that a recount should be done to count those. The Florida State Supreme Court ordered a selective recount of the counties the Gore team thought should be recounted, to correct correctable undervotes.

Bush's team argued to SCOTUS that the selected counties were all Democrat-leaning (they were) which meant that the voters in the Republican-leaning counties that had not been selected were not receiving equal treatment under the law. The initial statewide count was done by machine, but the recount which would be more "permissive", finding votes where the machine wouldn't, was only being done in counties where the newly-found votes were more likely to be for Gore.

SCOTUS stayed the recount while they decided how to handle this, then ruled a few days later that the recount was unequal treatment, that a proper recount would need to be statewide and it would need clear rules for how to count ambiguous ballots, rather than each county defining its own rules. But by then the clock had run out anyway. The court's rationale for staying the count while they decided was that if the count proceeded counties would release updates that would likely show the vote totals shifting, which would make rejecting the recount look really corrupt if it went against Bush and if they decided that's what should be done. "Oh, the conservative court let the count go forward until they saw it wasn't going their way, then they rejected it" was worse than "The conservative court stopped the recount before it produced any results", was the theory.

You can certainly argue that these published positions by the court weren't the real reason, but they're not without merit.

In any event, as a careful, methodical, independent recount determined months later, the Gore-requested recount would still have shown Bush won. An incomplete recount which resulted in no win would have been a Bush win, because the state legislature was voting to send Bush votes for that case. An incomplete recount in which Florida failed to submit a slate would have been a Bush win, because the US House would have picked him. The only scenario in which Gore won was a statewide recount that also tried to tally "overvotes" -- having humans try to discern which of multiple punched chads was "most" punched, but no one at the time thought that would favor Gore, and it wasn't even being discussed.

Aside: "Corruption" is the wrong word. Corruption specifically refers to bribery and other compensation-related schemes (not necessarily monetary). "Partisanship" is a better word.

Comment Re:F-Droid (Score 1) 41

A developer can't sign (and then distribute) an app for an applicationId that is not associated with their account.

Yep. So all of the F-Droid-distributed apps will be associated with one account. Or maybe it'll be distributed across a handful of accounts.

For open source apps absolutely anyone can package and submit an app under their account.

Comment Re:F-Droid (Score 1) 41

Somehow I highly doubt what you suggest is possible. Pretty sure Google wouldn't allow it either.

They just require the code to have been submitted by a registered identity. They aren't going to check copyright ownership... and with open source apps that's rarely only one person anyway. The only risk is that if some of the F-Droid apps turn out to be malware, Google may revoke the permission of the person who submitted them to submit apps. And note that they don't insta-revoke. If it's a legitimate mistake (e.g. someone slipped some bad code in upstream), and it doesn't happen too often, it's fine. But whoever does the F-Droid submissions will want to take some care with what they submit.

That, BTW, is the actual reason for the registration requirement: Being able to block malware authors, at least to the extent of requiring them to find or create some government ID to create a new account. The way many malware authors operate, the $25 fee may actually also pose an obstacle for them.

Similar requirements on the Play store did wonders for reducing malware volume to a level where Google could stay ahead of it. Now they want to extend the same protection to the entire Android ecosystem. If you're curious how I know this: From 2014 to 2025 I was a senior member of the Android security team at Google. While I never worked on anti-malware efforts, I know the senior engineers who do and I chatted with them about stuff. The security engineers have been pushing for this change for years but it has been blocked by management because it was expected that it would generate exactly the sort of mis-perception that you have. Eventually, the engineers were able to prove their case with sufficient data that management let it happen (not without some pushback from the PR team, I expect).

It really, truly has nothing to do with killing F-Droid. No one in Google has any reason to want to kill F-Droid, and more than a few use it personally. NewPipe is a different story, though even there the Android team doesn't particularly care about it, except to the extent that the YouTube team can convince them to care.

Comment Re:People want biased news. (Score 1) 82

Your point is the same as Scalia's point was when Bush stole the election in 2000

If you're a fact-consumer, you should not say "Bush stole the election".

The best evidence is that the recount that SCOTUS stopped would not have changed the outcome. A different recount that wasn't being done, wouldn't have been done and probably couldn't have been done quickly enough, even if someone had asked for it, which no one did, might have changed the outcome.

For Gore to win (assuming the recount reached the same results as the NORC/media recount), all the following would have had to happen:

1. SCOTUS would have had to remand rather than stay (on Dec 9)
2. FLSC would have had to acted immediately to (a) change the recount to be statewide and (b) direct something very like the maximal standard used by the NORC/media (every other standard found a Bush win). There's no hint that anyone would have asked for either of those things.
3. FLSC would have had to rule that the recount didn't have to be completed by the legislatively-defined Dec 12th "Safe Harbor" date, which most interpreted as the hard deadline. I don't think anyone knows what the probability of that was, but FLSC's previous rulings seemed to imply they wouldn't have.
4. The very careful statewide recount would have to have been completed (including legal arguments and challenges) in at most 8 days. Realistically more like 5, since there absolutely would have been more time-eating litigation.

The most likely outcome if SCOTUS had done nothing is that the recount, if it completed fast enough, would have confirmed Bush's win.

It's also worth noting that another plausible outcome -- Florida just can't make a decision by Dec 18th and sends no electors -- would also have been a Bush win. Without Florida's 25 votes, Gore would have had the most electoral college votes, but wouldn't have had the constitutionally-required 270. In that case, the US House of Representatives would have picked. The result would almost certainly have been a purely party-line vote, 223-211 for Bush.

One final comment: 2000 did not represent some sort of "failure of democracy", and wouldn't even if SCOTUS' intervention actually had changed the outcome. When the electorate is very closely divided, the outcome is determined by random events. Chaos. If a butterfly in Peoria had flapped its wings a couple of months before it could have gone the other way.

Comment Re:F-Droid (Score 1) 41

Google is requiring *all* apps, regardless of how you install them, or from what app store you install them, to be signed *by them*. This means that every app available on F-Droid must be signed (and developer dues paid) also or it won't be installable

Yep. And this just means that F-Droid has to have one person sign up and submit all of the apps for signature, as I said.

Comment Re:F-Droid (Score 3, Informative) 41

Nope. Google is still set to kill F-Droid later this year when they turn on mandatory developer certificates which will require developers to pay Google and hand over their personal information, regardless of what app store they want to distribute through.

Nonsense. There's no reason to expect that mandatory developer certificates will kill F-Droid, at all. F-Droid will need one guy to pay the $25 fee and identify himself. Unless they can use the open source developer exception that Google has talked about (but hasn't announced any details, AFAIK).

This will essentially kill F-Droid for casual users (their main target is almost certainly NewPipe). Yes you can still use F-Droid but you'll have to do a 24 hour delay before you can install F-Droid.

That's a bigger issue, because Google's announced policy is to require that apps respect intellectual property, which would include not distributing apps that blatantly violate terms of service. Most likely F-Droid will have to stop distributing NewPipe if they want to be in Google Play. If dropping NewPipe is enough to kill F-Droid, then I guess that'll do it.

Comment Re:Well, we've been through this before (Score 1) 259

And, as usual, everyone in the North will roll their eyes at all the whiny babies in the rest of the country.

Those in the north will complain because the portion of the winter they go to work in darkness will increase, and it will be darker. Those in the center will also complain louder because they'll start going to work/school in the dark.

Those in the south will be confused about why everyone else is complaining, but they'll lose.

Comment Re:An AMAZING number of flaws (Score 1) 76

Actually, producing shoddy code is precisely what Microsoft is know for.

It's really not. 20 years ago, yes, but they've grown up and wised up. I know lots of excellent engineers at Microsoft, and I know they do good work, and they report that their colleagues do, too.

And note that I'm no MS fanboy. I hated them with a purple passion in the late 80s and early 90s, and swore off Windows entirely in 2001. I did finally break down and buy a Windows laptop a couple of years ago because I bought a CNC milling machine and the good software is Windows only, but that's the only thing I use it for.

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