Chris Johnson

U.S. v. Hemani 24-1234

This is another Rahimi in the making. In Rahimi, The People didn’t lose, but our win was limited. Chief Justice Roberts wrote the opinion, leaving weasel words for the infringers to use against us.

The often quoted statement in the legal business is, “Bad facts make bad law.”

The Fact Pattern

From the indictment:

On or about August 3, 2022, in Denton County, in the Eastern District of Texas Ali Danial Hemani, defendant, knowing that he was an unlawful user of a controlled substance as defined in Title 21 United States Code, Section 802, did knowingly possess a firearm, that is, a Glock 19, 9mm pistol, bearing serial number BRWX640, said firearm having been shipped and transported in interstate and foreign commerce.

In violation of 18 U.S.C. § 922(g)(3) and 924(a)(8).
United States v. Hemani, 4:23-cr-00018, (E.D. Tex. Feb 08, 2023) ECF No. 1

This is it. He was arrested and charged under 18 U.S.C. §922(g)(3) because a search of his parents’ home found pot and a handgun in his possession.

The state explained the search this way:

In April and October of 2021, downloads of Hemani’s phone revealed that he was abusing controlled substances including promethazine. Specifically, in one conversation Hemani texted another individual and discussed the purchase and sale of bottles of promethazine from different suppliers. Hemani stated that he had three bottles to sell and needed clients in high end areas around Dallas. In another conversation, Hemani stated that he had purchased five bottles of promethazine and offered to sell one bottle for $120. He further stated that he had started “sipping” from his other source of supply and noted that “this shits too addicting” and “idk if I want to stop.” A search warrant executed on August 3, 2022 at the residence Hemani shared with his parents resulted in the location and seizure of cocaine, marijuana, and two firearms. One of the firearms. a Glock handgun registered to Hemani, was found in Hemani’s bedroom. Hemani confessed that he had purchased the 4.7 grams of cocaine that was found in his mother’s room three to four months earlier. He further admitted that he purchased cocaine one to two times a year and smoked marijuana every other day. He added that he kept a quarter ounce of marijuana in his car or hidden at home and that he purchased large quantities of drugs which he would split with his friends.

At the time of the search and at the time of his arrest, Hemani was not under the influence.
United States v. Hemani, 4:23-cr-00018, (E.D. Tex. Feb 23, 2023) ECF No. 18

It is important to note that promethazine is not a controlled substance. It is a prescription-only drug. IANAL, I have no idea how that relates to buying and selling controlled substances or things like cocaine.

It looks like his family were mild drug users. Cocaine and marijuana being their drugs of choice.

The statement “Hemani confessed that he had purchased the 4.7 grams of cocaine that was found…” may not be a fact in evidence. As far as I can tell, none of this statement has been determined to be factual, but, again, I am not a lawyer.

The state goes on to say that only “law-abiding” citizens are part of The People protected by the Second Amendment. This is a moronic take on Heller and Bruen. Rahimi had not been decided at the time of this filing. If Rahimi had been decided, the fact that Mr. Rahimi, a bad, bad man, was still considered to be part of The People protected by the Second Amendment would hold in this case.

Even though the state claims that Mr. Hemani is not a part of The People, they then say that the standard litany of “in the terror” and “while intoxicated” and other safety regulations are a match.

Here is the interesting thing: in the state’s entire section on meeting their burden of proving a match to this Nation’s historical tradition of firearm regulation, they did not cite a single firearm regulation. They didn’t cite a single regulation.

Instead they cited books of “expert” opinions. This does not count towards meeting their burden.

The Defense

Mr. Hemani filed a motion to dismiss the charges in an as-applied and facial challenge to §922(g)(3) as a violation of his Second Amendment protected rights. He also challenged under the Fifth Amendment on a vagueness claim.

The magistrate judge in the case heard the argument to dismiss and wrote a recommendation to the court.

The magistrate immediately finds that Mr. Hemani is part of The People. He is a U.S. Citizen who has resided in the U.S. his entire life.

This single finding shifts the burden to the state to prove that §922(g)(3) has a match in this Nation’s historical tradition of firearm regulation.

The magistrate continues, finding that intoxication laws are not sufficiently analogous to 18 U.S.C. §922(g)(3). He also rejects Reconstruction-era state laws as being too late in time.

It was interesting to me because these historical regulations were used in the Wolford case out of the Third Circuit. I used a less formal presentation to knock the same laws out of contention there as the magistrate does here.

In conclusion, the magistrate recommends that 18 U.S.C. §922(g)(3) be found unconstitutional after Bruen.

Later the district trial court granted Mr. Hemani’s motion to dismiss on the ground that 18 U.S.C. §922(g)(3) is unconstitutional as applied to Mr. Hemani.

Because the court found §922(g)(3) didn’t apply to Mr. Hemani, they dismissed his facial challenge as moot. In other words, Mr. Hemani won, but The People did not get a piece of that cake.

The state appealed.

The Fifth Circuit merits panel affirmed (agreed with) the district court.

In my opinion, this was an easy out. No inferior court really wants to say that any part of §922(g) is unconstitutional on its face. To do so would be to break so much of the gun control legislation in this country.

On Petition For Certiorari

Interestingly, the state didn’t immediately appeal to the Supreme Court. Instead they requested an extension while they considered the appeal.

In the end, the DOJ petitioned The Court for an answer to the question:

Whether 18 U.S.C. 922(g)(3), the federal statute that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to respondent.
Petition for a Writ of Certiorari, United States v. Hemani, No. 24-1234 (U.S. filed June 2, 2025),

Most of the DOJ’s argument is a repeat of out-of-time-frame regulations, intentionally conflating “temporary” with “lifetime” prohibitions. As Mr. Hemani pointed out, being found guilty under §922(g)(3) means that you are now prohibited under §922(g)(1). Thus, (g)(3) is a lifetime prohibition.

The state then brings up §925(c). This is the method by which a person can get their Second Amendment protected rights back.

There are more than a few issues with this. Until very recently, and it still might be the case, the U.S. Congress had not allocated any funding towards implementing §925(c). You can request your rights back, but there is nobody to process your request. Therefore, no getting your rights back.

I believe that this might have been addressed in the current budget. If so, this allows this argument to stand. Actually, if I had read the next paragraph, the DOJ says just this, That program was effectively disabled from 1992 until 2025…

Unfortunately, to use §925(c), you have to admit to a violation of §922(g). That doesn’t sound like a wise thing. If the government decides you don’t get your rights back, you’ve admitted to a crime, for which you can be punished.

Certiorari

  • Petitioner’s Brief on the Merits: Due December 4, 2025
  • Amicus Curiae Briefs in Support of Petitioner or Neither Party: Due December 11, 2025
  • Respondent’s Brief on the Merits: Due January 3, 2026
  • Amicus Curiae Briefs in Support of Respondent: Due January 10, 2026
  • Petitioner’s Reply Brief: Due February 2, 2026
  • Oral Arguments: Expected in March 2026 (not yet scheduled)

This will be a big case.

IANAL Analysis

There are some serious problems with this case. Mrs. Hemani, the mother of Ali, is an active Muslim. A real little Satan, big Satan, martyr-loving barbarian. She was interviewed in Iran, telling the world that she wanted her sons to become martyrs. She made Facebook posts saying the same thing. All in all, she is a piece of garbage, exactly the sort of person I wish we could deport.

There does not seem to be any facts in evidence that Ali Hemani is a drug-dealing piece of garbage, but the district court detained him for the duration of his trial. He’s not a good person.

This Supreme Court is a law and order court. This administration is a law and order administration. This means that Mr. Hemani deserves to be imprisoned for being a despicable lowlife human.

This does not mean that it is constitutional to do so.

By stating the question as an “as-applied”, the DOJ is giving The Court an opportunity to find a way to throw Mr. Hemani in prison for up to 15 years while not messing up the progress we’ve made in Second Amendment jurisprudence.

We want Justice Thomas to write the opinion for Wolford v. Lopez. We don’t want Chief Justice Roberts writing another one of his easily twisted opinions here. Justice Alito would be a good choice.

Regardless, I expect a splitting of the baby. I expect we will hear more about “temporary” and “non-violent”, building on Rahimi.

I’m also hoping that we see another clear statement that “the plain text” is a simple test; the inferior courts got it right.

We might even see more on what time period is the correct time period for analogous regulations.

In short, I’m hopeful but not expecting this to be a total win for The People.

Male head with brain activity - Brain waves - X ray 3D illustration

Open Minds – Facts

We will be working with the legal use of the term “facts” to help this discussion. This is difficult to put into words because there is so much loose thinking in the world. We use terms that sort of apply, but not completely. We treat opinions as facts and facts as opinions.

It is a complex subject.

To help, I’ll start with a simple differentiation: “need” versus “want”.

“I want a bowl of ice cream.” expresses a desire. If I don’t get the bowl of ice cream, nothing bad will happen. I might feel bad about it. I might be upset that I don’t get it. It is just a want.

“I need food.” expresses a requirement. If I go without food for an extended period of time, I will die. I will become weak and likely fall ill if I’m without food before I die from lack of food.

This shows why it is important to understand that the words have meaning, and it behooves us to use the right word to communicate the right message.

fact
a thing that is known or proved to be true.

— From Oxford Languages

“Known or proved to be true.” Seems simple enough. But it isn’t always. We need to ask, “How do we know it to be true?” “Has it been proven to be true?”

“Joseph Biden was the 46th president of the United States.” This is a generally accepted fact. But how do you know?

To know if a thing is true, we evaluate evidence.

Evidence is a presentation of potential facts and testimony that are presented to us to prove a fact. I can provide you with a link to a YouTube video showing the swearing in of Joe Biden.

As you watch that video, you will be evaluating the evidence. At the end of the video, you will decide if that evidence proves the fact I am presenting.

You have to decide what evidence you will accept as proving a fact. You have to decide how trustworthy the evidence is. You have to decide how trustworthy the person presenting the evidence is.

After you have made those determinations, then you will decide if enough evidence that you trust has been presented to prove the fact.

Trusting The Presenter

For years the left labeled Fox News as fake news. They dropped that moniker when Trump started using it to describe other media sources.

The argument was that evidence that Fox News presented was not trustworthy. Since it was not trustworthy, you should not accept the evidence presented as proving a fact.

We all have opinions as to how biased and trustworthy a news source is.

I asked Grok the following using its expert mode (Think Harder):

Using the rules developed from ‘chris-prompt.md’ for bias determination. Present a table wtih a column for source, bias: -5 .. 5, trust level: -5 .. 5. for the New York Times, Washington Post, Wall Street Journal, Daily Wire, CNN, Fox News, Mother Jones, The VineOfLiberty

Grok’s thinking is exposed, and this is its thought on the rules:

Assessing bias rules

The prompt references rules from ‘chris-prompt.md’ for bias determination, but that document only lists a question about determining bias without third-party opinions, without providing explicit rules.

Since no explicit rules exist in the document, a method needs to be developed based on analyzing content for language, cited sources, and balance of views.

The resulting table is:

Source Bias Trust Level
New York Times -2 5
Washington Post -2 5
Wall Street Journal 0 5
Daily Wire 4 3
CNN -3 4
Fox News 3 4
Mother Jones -4 3
The VineOfLiberty 5 2

I’m disappointed that the Vine ranked so low in trust, but it is what it is.

This is the biggest issue in getting people to open their minds. They have already formed opinions about the bias of the sources they use and about how trustworthy those sources are.

You need to establish your opinions. You also have to be willing to look at other sources. You need to be willing to look at sources on the other side of zero.

Trusting The Evidence

We started with trusting the presenter because the presenter can twist the evidence, and you must be aware of that.

I’m not sure whether she’s just demented or ignorant, stone-cold liar or all of the above. But the notion that an official White House spokesperson would say that the Democratic Party consists of terrorists, violent criminals and undocumented immigrants. This makes no sense that this is what the American people are getting from the Trump administration in the middle of a shutdown.
— Hakeem Jeffries (D-NY)
[T]he Democrat Party’s main constituency are made up of Hamas terrorists, illegal aliens and violent criminals.
— Karoline Leavitt, as quoted by MSNBC

When I saw Jeffries’ statement, I assumed he had gotten it wrong. That he was lying. Why? Because I have an opinion of Jeffries that marks him as being untrustworthy.

I had heard Leavitt’s statement and heard something different. I heard her say, “The people that the Democrat party support are …”

Jeffries did not provide enough evidence for me to know that Leavitt had said what he said she said. MSNBC did. They provided video, and they provided a transcript that matched the video. I know the fact to be true, with a caveat.

I trust the evidence when I can verify the evidence presented with primary sources. That evidence includes videos, images, full context, statements by the parties, written documentation.

Christopher R. Browning, Ordinary men: Reserve Police Battalion 101 and the final solution in Poland (HarperCollins 1st ed ed. 1992) is a hard read. It describes horrific events. Is every word true? I don’t know. I don’t know the author; I can’t assign a level of trust to him. I do understand citations. The citations are excellent (I just realized that I haven’t verified that for this article; I remember the citations as being good). But his sources can be verified, even if I choose not to do so.

The Evidence Itself

Otherwise known as the sniff test. And the sniff test is pretty poor test.

Do we believe the evidence presented?

If somebody shows me they can hover in air, I’m not going to believe them. I am going to examine the entire situation before I believe.

I know how the trick is performed. You can likely guess. But the evidence that a man is just floating above his patch of flowers doesn’t pass the sniff test.

(If you look at every image of the floating statue/performer, they all have one thing in common: they all have something connecting them to the ground.)

Another example: “The amount of CO₂ output by man is dwarfed by the amount emitted by volcanoes.” According to NOAA, humans emitted roughly 40 billion metric tons of carbon dioxide in 2015. Volcanoes emitted around 0.3 billion metric tons.

Do you trust NOAA in this area? Then the fact is proven. Since this value is backed by references to the studies, we can look up how the studies were performed to discover if these numbers are factual. Or we can trust this source.

Conclusion

When we are evaluating evidence to discover the truth, to determine the facts, we have to have an open mind. We must be willing to look at different sources, to evaluate the presentation of the evidence, and the support given in that evidence. It isn’t enough to believe something is true; we need to know it is true.

That means we have to learn to look at evidence and decide for ourselves what the facts are. We need to be able to do that absent an authority telling us what to think or how to interpret the facts.

Chasing rivals until they lose,encircling the company with cornered and victorious rivals

Congratulations!

Congratulations to the No Kings protesters! They did it! There are no kings in the US. Trump is still our president.

I had to go out yesterday to sign up at a new range. The new range is nice. But they are a membership club; pay in advance for a year, take an orientation class, provide proof you can pass a background check (a CCW or a recent firearm purchase qualifies), and proof of a safety class.

This was a worrisome trip because I would need to head out near the local college town; I knew the “No Kings” idiots would be out protesting the lack of freedom of speech. And they might have become violent. Best to avoid.

I was able to avoid because the range isn’t near the town. It was good to know that I didn’t have to deal with them.

On the way home, pulling into my local town square, who should be there? Those selfsame people I was trying to avoid.

There were some yelling across the street as there were counterprotesters. I couldn’t tell who were the protesters and who were the counterprotesters. Or maybe it was just poor English on the part of the protesters, making their signs impossible to understand.

The sad part is that this nonsense has made it to my little town. My alert posture just went up a few more notches.

Server room data center with rows of server racks. 3d illustration

Simple Works

I’ve tried drawing network maps a half-dozen times. I’ve failed. It should be simple, and I’m sure there are tools that can do it. I just don’t know them, or worse, I don’t know how to use the tools I currently have.

In simple terms, I have overlay and underlay networks. Underlay networks are actual physical networks.

An overlay network is a network that runs on top of the underlay/physical network. For example, tagged VLANs, or in my case, OVN.

OVN creates virtual private cloud. A powerful concept when working with cloud computing. Each VPC is 100% independent of every other VPC.

As an example, I have a VPC for my Ceph data plane. It is on the 10.1.0.0/24 network. I can reuse 10.1.0.0/24 on any other VPC with zero issues.

The only time there is an issue is when I need routing.

If I have a VPC with node 172.31.1.99 and a gateway of 172.31.1.1, that gateway performs network address translation before the traffic is sent to the internet. If the node at 172.31.1.99 wants to talk to the DNS server at 8.8.8.8 traffic is routed to 172.31.1.1 and from there towards the internet. The internet responds, the traffic reaches 172.31.1.1 and is forwarded to 172.31.1.99.

All good.

If I have VPC2 with a node at 192.168.99.31 and its gateway at 192.168.99.1, I can route between the two VPCs using normal routing methods by connecting VPC and VPC2. We do this by creating a connection (logical switch) that acts as a logical cable. We then attach gateway 172.31.1.1 to that network at 192.168.255.1 and the gateway at 192.168.99.31 as 192.168.255.2.

With a quick routing table entry, traffic flows between the two.

But if VPC2 was also using 172.31.1.0/24 then there is no way to send traffic to VPC. Any traffic generated would be assumed to live in that VPC. No router would become involved. And NAT will not help.

Why use an overlay network? It allows for stable virtual network, even if the underlay network is modified. Consider a node at 10.1.0.77. It has a physical address of 192.168.22.77. But because it needs to be moved to a different subnet, its physical address changes to 192.168.23.77.

Every node that had 192.168.22.77 within its configurations now needs to be updated. If the underlay is updated, it does not affect the overlay.

Back to Simple.

There are three methods for traffic to enter a VPC. The first is for a virtual machine to bind to the VPC. The second is for a router to move traffic into the VPC, sometimes from the physical network. And the final method is for a host (bare metal) machine to have a logical interface bound to the VPC.

My Ceph nodes use the last method. Each ceph node is directly attached to the Ceph VPC.

It is the gateway that is interesting. A localnet logical port can bind to a port on a host, called a chassis. When this happens, the port is given an IP address on the physical network that it binds to.

When the routing is properly configured, traffic to the VPC is routed to the logical router. This requires advertising the logical router in the router tables.

I had multiple VMs running on different host servers. They all sent traffic to the router which was bound to my primary machine. My primary machine has physical and logical difference from the rest of the host nodes.

What this meant was that traffic to the VPC was flaky.

Today, I simplified everything. I turned down the BGP insertion code. I added a single static route where it belonged. I moved the chassis to one of the “normal” chassis.

And everything just worked.

It isn’t dynamic, but it is working.

I’m happier.

Friday feedback banner, a man with a phone writing reviews

Friday Feedback

Third Circut Court Win

Judge Jennifer Mascott now sits on the Third Circuit Court of Appeals. This means that the Third is no longer an agenda-driven leftist playground.

She was confirmed last Week, Trump signed her appointment early this week, and she was sworn in on the evening of the 14th or the morning of the 15th.

And the first case she heard was as a member of the en banc panel, Association of New Jersey Rifle and Pistol Clubs I v. Attorney General New Jersey, 24-2415 (3rd Cir.) This is an Assault Weapons Ban and a Large Capacity Magazine Ban (propaganda terms).

The court was 9-7 last week and is 10-7 this week. This means that it takes to Republican appointed judges to slide over to the dark side to lose this case en banc.

This is a case that is fully briefed; it has been decided at the trial (district) court level the 3-judge merits panel and has now been heard en banc by the Third Circuit.

My guess is that The People will win. The state will decline to appeal. If they were to appeal, it has all the right characteristics to be granted cert. It is fully developed; it will be the cause of a circuit split; it is a ban case that the Justices have said they want to hear.

Rogue Inferior Court Judges

In another set of rulings from rogue judges, a judge in California has decided that Trump can’t fire federal employees until she approves.

The magic is that Trump couldn’t fire people who had been funded by Congress. When the funding ran out, he can fire them. So he did.

Another rogue judge has decided that he gets to decide if Trump can deploy the National Guard. He thinks the opinion of a local police chief holds more weight than the Article II executive, which was granted that power by the Constitution.

Still another Judge ordered the fence protecting the ICE facility in Chicago removed. It was blocking the road, according to the court. ICE declared one side of the building a “no protest zone” so of course that is where they are protesting, screaming about the 1st Amendment (that screaming statement is my guess, not verified).

Home Owner Tribulations

Very little demo involved. If you want demolition pictures, go read Miggy’s Substack.

Our plumbing is the result of additions being added and then new pipes being put in place. At one time the owners of our house ran a daycare facility. One of the reasons our doors open out and not in.

Part of the requirement was to add another bathroom. The floor of that part of the house is nearly two feet lower than the rest of the house.

As they say in the plumbing business, shit flows downhill. Except that the output of the toilet was only 6 inches above the outlet to the sewer system on the other side of the basement. This did not allow for enough slope to carry that shit downhill.

The answer is simple: a pooper shooter. This is a sump with a garbage/ejector pump. The output of that bathroom flows downhill into the sealed sump. When the solid/fluid level gets high enough, the pump fires up. This ejects the contents, violently, up a 2 in PVC pipe into the joists and across the basement to flow down into the sewer system.

Great system, works great. Until the pump fails. That was a $2.5k replacement. The entire system had to be cut out and a new one put in place.

That was 4 or 5 years ago. The next problem we were having is that the output from the kitchen sink was going through copper pipes across the basement one way and then the other to get out to the sewer. Food particles and grease were building up in those pipes and making me flush those pipes every four or five months.

The fix? We had the plumber reroute the sink to the pooper shooter. No problem. Until…

Somebody was pouring grease down the sink. This would flow into the pooper shooter, and it slowly built up a dam around the pump. Then it sealed off the pump inlet.

This allowed the sump to overflow. Yes, it was a gross as you think it was, and it smelled worse than you think.

My son and I spent a less than pleasant day opening each cleanout and making sure there were no blockages. In the end we got a plumber in who emptied the sump, cleaned it out, and made it all good. We called the plumber because the installers had not put the proper joints to allow us to remove the lid of the sump to do the cleanout ourselves.

See above about total replacement.

Which leads us to today’s unpleasantness.

If you remember, my son and I removed every cleanout to do what we could. We put them back. We got them on tight. We thought.

For the last two years we’ve been chasing a “bad smell” It wasn’t all the time. It was only part of the time. We checked for dead animals in the crawl spaces. We checked to make sure the pooper shooter was still shooting. We couldn’t find where the smell was coming from.

I had isolated it to wet weather. I was thinking the vent pipe might be to low. But before I invested in that. I did another check in the basement.

There was a mound of dirt below the last cleanout before the sewer. It was a little damp.

As I was looking at it, a drop of water fell from the cleanout onto the pile.

Our basement gets wet when it rains hard.

During the dry seasons, that drop is slow enough that it dries before the next drop lands. In the wet seasons, it doesn’t.

We had a shit pile in the basement, built from a single drop of water carrying small amounts of solid waste.

And I can’t get the damn cleanout open to clean the threads and reseal it correctly. That’s today’s fun project.

Oh, I love being a home owner.

Holsters

My new holster system from “We The People Holsters” arrived this week. I’ll be at the range testing it out tomorrow. It feels good. It looks good. My only issue is that it doesn’t come standard with the pad to protect my delicate skin.

If you are looking for holsters, they might be worth looking at.

(Of course you are looking for a better holster)

Mantis Laser Academy

This Mantis system uses the laser insert to spot where your shot goes. The the targets are self identifying. There are multiple games that can be done with the different targets.

Push stick, app, laser, and targets all get a giant thumbs up.

The phone holding tripod and phone holder, not so much. My phone in its OtterBox case didn’t fit. Luckily, I have real camera tripods and real phone holders.

The little I did was helpful. I’ll do more when I have a bit of time and now that I have a holster.

Hello, My name is Chris, and I’m a (sugar) addict

My wife’s birthday was recently. She ended up with many pies, which was an acceptable day off the diet. We like our food way too much, and I eat too much if given the chance.

I’ve lost nearly 20 pounds since I went on this diet. Not enough, but a start.

What I can’t do is walk by those sugar things without taking a piece. A cookie, a slice of pie, a slice of cake. I don’t even like the flavor. It leaves my mouth tasting bad. And I feel, mentally, horrible after I do.

Yet I still do it. I can walk past a sugar thing 10, 20 times and leave it. But at some point I give in and eat that sugar thing.

The only thing I don’t do is buy those sugar things and stash them. It isn’t that I crave them so badly that it overcomes my innate laziness; it is that I have difficulty not eating those sugar things when they are available.

Question Of The Week

If you have been listening to regular news reporting, what are some of the subtle ways they twist the narrative?

I’m not talking about the outright lies they tell about Trump, or quoting out of context. There is nothing subtle about that.

It things like the straight reporting that Trump had authorized the CIA to operate in Venezuela because they had emptied their prisons and sent the prisoners into the US.

The statement, as presented here was neutral. The reporter then followed it with, “President Trump has offered no evidence that Venezuela emptied their prisons into the US.”

Male head with brain activity - Brain waves - X ray 3D illustration

Open Minds

How to listen

Before we can learn, we need to have an open mind. A mind ready to learn new things. To unlearn old things. To ask questions and evaluate answers.

If we are not willing to question what we think we know, or if we are starting from a set stance, we do not have an open mind.

Having an open mind does not mean a willingness to accept garbage, but it does require us to ask if it is garbage.

Holocaust Denial

Years ago I ran into Holocaust denial for the first time. It was shocking to me because I knew what happened to the Jews and other undesirables during WWII by the Nazis.

How could somebody deny that it happened?

So I asked a simple question: How do I know it happened?

The answer was that my elders told me so. These were my teachers and my history books.

Could they all be wrong?

This was in the early days of the Internet, so it was a little more difficult, but I found a couple of sites documenting why the Holocaust was fake and a few others that were debunking the deniers.

I compared these sites, and the first thing I noticed was citations to external, primary sources. The deniers made many claims, but there were not very many links to back those claims up. On the other hand, the debunkers’ site was full of references to primary sources.

When I did look at the primary sources, I found that my personal evaluation of that evidence matched what the debunkers were saying.

The deniers told me that all those sources were lying to me. But I could see the images. I could examine the images for altercations and to see if they were faked. I didn’t find anything in the primary sources or the debunker sites that even suggested altercations or fabrications.

This was not true of the denier’s site. Their primary sources did not support their conclusions.

The other thing that I quickly spotted was a comparison between ethical, reasonable, modern actions vs. wartime evil operations.

For example, they claimed that the trains could not transport that many people. But they based that on human treatment of the people stuffed into the cars. There was no indication of such human treatment. Those being transported to the extermination camps were stuffed into those cars with no room to move.

There are multiple accounts of people standing next to dead people who couldn’t fall to the ground. They were held up by the crush of humanity around them.

Finally, the deniers made a claim that a sample they stole proved that the levels of cyanide in the showers were not high enough to cause death in humans. Except that the sample they stole had been exposed to the elements for over 50 years. The values they used for LD50 were appropriate for insects, not humans.

After my research, I had personally determined that the Holocaust did take place and the deniers were sacks of shit for attempting to deny something so evil.

Before I could make that determination, I had to open my mind to the possibility.

Lies

People lie. You can’t escape it. As thinking humans, we are pretty good at detecting people who are lying to us. But that only works when dealing with average people.

We have all chuckled at the videos of children lying about something when they are covered in the cake frosting of their misdeed. A child will flat out deny they ate the cake while covered in frosting.

They have not learned the guile of how to lie.

This is the simplest type of lie: to simply say something not true. “Did you eat the cake?” “No, Mommy!”

Most people move past this method rather quickly.

The next place that people go is to deny knowledge or to exaggerate. “Did you eat the cake?” “What cake?” or “Just a teeny tiny piece.”

There is an entire science of lying with statistics. If you have heard something like “There as a 50% increase in murders in Small Town, year over year,” you know that something horrible is happening.

What if last year there were 2 murders and this year there are 3? That is a 50% increase. While every murder is bad, the difference between 2 and 3 murders a year is just as likely to be noise in the data.

But we can see where going from 2000 violent crimes to 3000 violent crimes in a year is bad.

Now look at a different version of this: “Over the last year there have only been 10 more murders year over year.” What they might be saying is that Small Town has gone from 2 murders per year to 12 murders per year. That might be alarming.

You have to know what to look at. Per capita? Raw numbers, percentages?

You also need to look at what the definitions are. It is impossible to compare the murder rate in the United States to the murder rate in the United Kingdom. We count different things as murder.

In the U.S., if a person is murdered, it counts as a murder. In the U.K., if a person is convicted of murdering somebody, then it is counted as murder. Until there is a conviction, the wrongful death is not classified as a murder.

There are many other ways to lie. There are two more that are worth touching on.

The first is a lie by omission. This is when a pertinent fact is left out of the fact pattern. “Today the police broke into a local man’s house, arresting him after he had an altercation with his neighbor [where he threatened to kill him while brandishing a firearm].”

The bracketed text changes the entire gist of the story. Both versions are true, but in one case it sounds like the police arrested that local man for something minor, breaking down his door to do so. When the more complete version is there, it sounds like the police are acting reasonably to protect the community.

The final method we’ll touch on is lying by telling the truth. If you can tell the absolute truth in such a way that nobody believes you, then you have succeeded in lying, if that was your intent.

Short Quote

By selectively quoting a person, you can change the meaning of what is said, or at the very least, the conotations.

Consider the following quote: “I did not have sexual relations with that woman.” Now consider the following quote:

I didsexual relations with that woman.

By omitting two words, “not have”, the entire meaning of the quote has changed. While we did not change any of his words, we have changed the meaning of his statement.

Or this made up newscast:

Earlier today President Bill Clinton was asked about Monica Lewinsky’s accusations. He replied, “sexual relations with that woman” while denying her accusations.

Again, the quote is correct, but the meaning is twisted.

When you read an article that has short quotes in it, it is best to assume that the meaning of the original statement is being manipulated. Find the original and listen to the statement in context.

Example

President Trump defended the white nationalists who protested in Charlottesville on Tuesday, saying they included “some very fine people,” while expressing sympathy for their demonstration against the removal of a statue of Confederate General Robert E. Lee. It was a strikingly different message from the prepared statement he had delivered on Monday, and a reversion to his initial response over the weekend.
Comm. on Educ. & the Workforce, 118th Cong., Antisemitism on College Campuses (2024)

The following is a partial transcription of the attached video.

Trump: Excuse me. Excuse me. They didn’t put themselves down as neo-Nazis, and you had some very bad people in that group. But you also had people that were very fine people on both sides. You had people in that group — excuse me, excuse me. I saw the same pictures as you did. You had people in that group that were there to protest the taking down of, to them, a very, very important statue and the renaming of a park from Robert E. Lee to another name.

This is 20 plus minutes into a press conference where reporters were shouting questions at Trump. You can see the words right there. He said it.

You can also see, from my highlight, that he also said very bad people. Even in this paragraph, he is clear that he is talking about the group of people protesting the renaming of the park and the removal of the Robert E. Lee statue.

Regardless of what you think of Lee’s name and statue, Lee is not and was never a Nazi or neo-Nazi and the people who were protesting had non-racist reasons. But let’s go a bit further in the video to this part:

OK, good. Are we going to take down the statue? Because he was a major slave owner. Now, are we going to take down his statue? So you know what? It’s fine. You’re changing history. You’re changing culture. And you had people — and I’m not talking about the neo-Nazis and the white nationalists — because they should be condemned totally. But you had many people in that group other than neo-Nazis and white nationalists. And the press has treated them absolutely unfairly. Now, in the other group also, in the other group that includes the neo-Nazis, you had some fine people. But you also had troublemakers, and you see them come with the black outfits and with the helmets and with the baseball bats. You had a lot of bad people in the other group.

And here is the part that most people never heard, never read.

A lie of omission.

End Part One