ymeskhout
9mo ago
I outlined several examples and drew common elements between the examples I cited. I apologize if what I said came off as either a comprehensive list of elements, or that it should apply to incidents I wasn't even aware of.
ymeskhout
9mo ago
should make clear that I'm not trying any acrobatics or ambiguity here.
Yes, you've made your position completely unambiguous and I apologize if anything I said implied otherwise.
I'm not trying to limit the meaning of 'stolen'. I've conceded that it's a term with fuzzy definitions and open to interpretation, I only use it as an imperfect signifier to distinguish the two types of claims within this topic. I agree that you can reasonably label an election outcome "illegitimate" even if no actual fraud took place.
ymeskhout
9mo ago
My apologies, I thought you meant discussing voting secrecy on the podcast. I read your post about the Arizona secrecy litigation and largely agree with your position that the original purpose of using secrecy to safeguard against coercion appear to have been completely forgotten. That and a broader discussion on how to maintain confidence and public trust in elections would be interesting, I just don't have much to add to the subject on my own at the moment because I haven't looked into it. I'd be happy to bounce off against other people's proposals/concerns.
ymeskhout
9mo ago
I'm not familiar with what you're referring to. As best as I can parse, victims distributed across different places and time is much easier to ignore than a dramatic single event where hundreds perish at once.
ymeskhout
9mo ago
Yes this is true, a TWA 800 cover-up is materially much more difficult on a dimension beyond just the number of conspirators you'd have to pay off or cajole.
ymeskhout
9mo ago
I don't think it's necessary to have either definitive proof or definitive claims. If you ever change your mind about wanting to sketch out your overall vibes theory or the coincidences you cite as relevant, I would be very eager to talk to you.
ymeskhout
9mo ago
You bring up a good point that I hadn't considered before. It's potentially inappropriate to over index on norms and plots from half a century ago, and that we should instead use more recent cover-ups as the template. That's reasonable, though I'm reluctant to draw too definitive of a conclusion because I don't want to assume that something doesn't exist just because we haven't heard about it.
Why would I dismiss something as mere "vibes" if I've already brought it up to explain why the overall theory is extremely implausible? I've specifically outlined that the number of people you'd have to pay off for this conspiracy to work is implausibly high. You have a history of making up positions I do not hold and then criticizing me for holding the positions you just made up, why?
ymeskhout
9mo ago
An endless list of complaints is consistent with someone making up excuses to avoid having their beliefs scrutinized so I still have no way to determine who's being earnest.
ymeskhout
9mo ago
Conspiracy Investigation Done Right
In 1996, TWA Flight 800 exploded and crashed into the ocean off the coast of Long Island, killing all 230 people on board. After an extensive four-year investigation, the NTSB concluded the explosion was caused by a short circuit ignition within the center fuel tank. Or at least that's the official story.
Now normally when you encounter a disclaiming phrase like that it tends to be a klaxon warning to strap in because you're about to hear some crazy shit about what really happened. I'm not going to argue for some crazy shit though, instead I want to showcase a real-life illustration on how to properly investigate and litigate what otherwise would be dismissed and derided as some crazy shit.
Someone (thanks Jim!) brought to my attention this pending lawsuit that aims to challenge the TWA 800 official narrative.[1] The basic summary you need to know is that, in contrast to the official story, the "alternative" narrative claims the airplane was hit by an SM-2 surface-to-air missile launched by the United States government during a weapons testing exercise. You can read the 38-page lawsuit complaint yourself where they allege:
Defendants [Raytheon, Lockheed Martin, US Government, etc.] negligently, recklessly, or intentionally authorized and conducted the testing of missiles in commercial airspace. As a result of these tests, a missile downed TWA 800 and killed Plaintiffs' decedents.
And humorously enough:
Defendants owed decedents and Plaintiffs a duty not to negligently test missiles in commercial airspace. Defendants breached that duty by negligently testing missiles in commercial airspace.
TO BE CLEAR: I find the overall claim to be extremely implausible based on Bayesian reasoning I'll get to later, but the focus here is less about delving into the specific allegations[2] and more about showcasing how one should go about uncovering a criminal conspiracy that otherwise sounds kooky on its face.
As far as I can tell, the law firm involved has a reputation for serious lawyers doing serious work. The complaint they filed directly addresses many procedural issues that would normally be a hindrance for these types of claims. For example, the major hurdle would be the statute of limitations given that the explosion took place in 1996 but the lawyers cite the fraudulent concealment exception based on some FOIA foot-dragging:
Specifically, key evidence confirming that a missile caused the crash of TWA 800 was hidden from the public and the victims' families for over 25 years. This evidence was only recently unearthed by Dr. Tom Stalcup in his hard-fought FOIA litigation, which has now been pending for over ten years....Before April 15, 2021, the Plaintiffs were not aware of, or on notice of, the information that forms the basis of this complaint, nor have the Plaintiffs had any reasonable opportunity discover their injury, its cause, and the link between the two.
The legal system relies on attorneys as an (imperfect) screening mechanism to separate valid claims from the torrential garbage. Before an attorney can rouse a court into examining a claim, Rule 11 requires them to affirm that the attorney has made reasonable efforts to investigate it themselves to make sure they're not just re-shoveling whatever bullshit their client dropped on their lap. The lawsuit offers specific allegations about which government agencies were involved in the cover-up, when the cover-up took place, and how it took place. A sample:
The FBI essentially froze the NTSB out of the investigation. The FBI removed all copies (original and duplicates) of Navy radar tapes from the Navy, placing them out of the NTSB's reach, and refused to allow the NTSB to conduct eyewitness interviews or review the FBI's records that indicated the true cause of the TWA 800 crash...the CIA concocted materials to discredit eyewitnesses who could confirm that TWA 800 had been downed by some kind of projectile. These materials included a video and animation that was displayed during a nationally-televised FBI press conference that attempted to reconcile the eyewitness testimony that the plane was struck by a projectile with the U.S. Government's official position that the crash was caused by a defect in the plane's center fuel tank.
They even pontificate on what might have prompted a rush towards testing live warheads over a populated area:
The Aegis System's radar also needed improvement in its ability to operate close to shore and to properly integrate into existing systems...These serious flaws could result in a missile striking an unintended target...Instead of waiting five years for ships to be properly constructed with the SPY-ID(V) [an advanced radar system] so that testing could be conducted far from congested air corridors and at established test ranges, the SPY-ID(V) was tested on an expedited basis in and around the CSEDS in New Jersey, in a highly congested area.
And they managed to track down evidence of missile testing right around the time and place of interest:
An electrician on the roof of a nearby Long Island hospital was filming the sunrise and captured the second missile witnessed by the Coastguardsman on his VHS camera [five days before TWA 800 went down]...on November 16, 1996, almost precisely where TWA 800 went down off Long Island, a Pakistani Airlines pilot reported to Air Traffic Control that a "rocket" rose in front of him and continued rising above his altitude.
I've only picked a sample, there's a lot more details in the complaint. In contrast to the persistent and arguably intentional vagueness found in many disdained conspiracy theories, I'm genuinely impressed by how comprehensive the lawsuit's claims are regarding who/how/why. They explain exactly which organizations are involved in the cover-up and the evidence behind that belief, which missile system brought the plane down and the evidence behind that, specific reasons for why live warhead testing took place in a busy air traffic corridor, and explanations for why it took so long to uncover all this.
If (again, arguendo) TWA Flight 800 was indeed brought down by reckless missile testing involving a live warhead and this was covered-up by the government, then the way this lawsuit is conducted is the best opportunity for legal redress. The legal system has serious and persistent deficiencies with its inability to offer all petitioners the relief they're owed, but certain rules and expectations it has developed over time are worthy of replication.
As a foil, the strengths of how the TWA 800 complaints are presented become more obvious when it's contrasted against another lawsuit whose deficiencies resulted in Rule 11 sanctions for the lawyers that filed it. In 2020, two Colorado attorneys filed a class action lawsuit on behalf of all registered voters in the country, and sought $160 billion in punitive damages, alleging the election was stolen from Trump.[3] Their 84-page complaint (plus a dozen affidavits) alleges that a wide roster of defendants (Dominion, Facebook, various state governors, and "1 to 10,000" as-of-yet unidentified co-conspirators) engaged in unspecified-but-definitely illegal conduct. For example, here's what one of the supporting affidavits claimed:
After much research and contemplation, it has come to my attention that the 2020 general election, and probably many more, have been compromised by a number of persons, including a corporation in the United States called Dominion Voting Machines, Inc., and others, such as, Mark Zuckerberg and his wife, Priscilla Chan; and other individuals acting as governors and secretaries of state, including, Brian Kemp and Brad Raffensperger of Georgia, and Gretchen Whitmer and Jocelyn Bensen from Michigan.
Contrast this "research and contemplation" with the straightforward allegation of "The Navy and various defense contractors caused an airline explosion by deciding to test live warheads in a highly-populated area". The magistrate who ordered sanctions against the Colorado attorneys noted their conspicuous aversion to investigation:
It appears that Plaintiffs' counsel's process for formulating the factual allegations in this lawsuit was to compile all the allegations from all the lawsuits and media reports relating to alleged election fraud (and only the ones asserting fraud, not the ones refuting fraud), put it in one massive complaint, then file it and 'see what happens.'...Material, including affidavits, from other lawsuits was accepted at face value, with no apparent critical assessment. Mr. Fielder says he watched videos and listened to talk show interviews with some of the experts involved. He also says relied on his own many years' experience as a lawyer to "connect the dots."
Pro-tip: don't decide to file a lawsuit after listening to a podcast.
Back to the TWA 800 case, the central claim involving the US accidentally shooting down a passenger airline isn't impossible because it happened once in 1988 with Iran Air Flight 655, killing all 290 people on board. What's least plausible of all with TWA 800 is how the military, the defense contractors, and the law enforcement agencies involved managed a successful cover-up over so many people over such a long period of time.
There's an oft-utilized but facile heuristic that claims that if there was a cover-up, then someone would've leaked it, and so therefore no leak = no cover-up. This is unreliable because there plenty of government cover-ups that were successful, at least for a while. The Tuskegee Syphilis study went on for 40 years until an AP story in 1972. Operation Mockingbird, MKUltra, and COINTELPRO all took place in the 1950s but weren't exposed until the 1970s. Project SUNSHINE which involved collecting body parts from dead children to study radioactive fallout started in 1953, didn't become publicly known until 1956, and the full extent wasn't fully exposed until the 1990s.
However, the common elements with these schemes is that they all involved either a small number of conspirators, or had victims that no one really gave a shit about. None of this is reflected in Flight 800, its 230 dead, and the multiple entities implicated.
The incentive behind the cover-up doesn't make much sense either, because anyone helping with the cover-up has no way of knowing ahead of time whether it will remain under wraps, especially if perpetual silence relies on the cooperation of hundreds or thousands of people. You only need one leak and if the whole thing blows open, no one wants to be left holding the proverbial gun while everyone is pointing fingers at each other. Anyone at the decision fulcrum faces an obvious pay-off from defection that needs a serious countervailing cooperation pay-off to convince them into shouldering that level of culpability.
The lawsuit allegations also rely heavily on eyewitness testimony (though with some video corroboration), which is particularly unreliable and prone to suggestion when it involves widely publicized events like an airline crash. Lay witnesses who lack the appropriate specialized training and background are vulnerable to misinterpreting what they see or hear.
Implausible is still not the same as impossible, and crazier shit has happened before. If there's any validity to these wild claims at all, this lawsuit tees up a stellar attempt at uncovering the truth.
[1] I've long had an aversion to describing anything as a 'conspiracy theory' because it's often wielded as a discussion-terminating cudgel. Once the label is affixed, the very notion of scrutinizing, investigating, or grappling with the underlying claims is dismissed as a waste of time.
[2] The Flight 800 Wikipedia page has lots more of the technical details if you're so inclined.
[3] The two lawyers, Gary Fielder and Ernest Walker, were acting on their own and had no connection to Donald Trump or his campaign.
ymeskhout
9mo ago
Evidence is any fact that is consistent with the stated claim, and inconsistent with the opposite. Establishing motive and opportunity is not sufficient if it doesn't help you rule out possibilities, otherwise motive would count as evidence to support that every election was stolen by each side every time. I'm in favor of any and all safeguards that target and actually reduce the risk of actual election fraud rather than the ones that are either security theater or deployed for a pretextual purpose. This is my consistent standard for all security concerns (airport security screening, gun control measures, etc).
I think you ought to look in the mirror and ask yourself what it is about Trump voters in particular that has you so wrapped around the axle. Why did this become your hobby horse?
Because nothing comes close to the level of abject delusional theories that Trump and his followers repeated. I don't care which political party someone is part of, if they're claiming that Italian satellites changed the Dominion algorithm and created 3-5 million fraudulent votes because Hugo Chavez had planned this all along and they're receiving institutional affirmation instead of disavowed as loons, yeah, that's a serious problem.
ymeskhout
9mo ago
So it's not the rules I proposed that are the problem but rather that my real-time debate skills are apparently too high. If this is a concern to anyone, I'm more than happy to leave the door open to any participant who wants to revisit an exchange if they feel they weren't quick enough on their feet at that particular moment. I'm bending over backwards and showcasing my absolute willingness to accommodate people's concerns however possible.
ymeskhout
9mo ago
I never asked for an exhaustive list, I just want some specifics on why the rules are unfair rather than just proclaiming they're unfair for unspecified reasons. Someone who knows their beliefs will crumble when it encounters a stiff breeze of scrutiny has an incentive to make up whatever excuse to keep them safeguarded, so I need some method to discern who has earnest objections and who's just making shit up.
ymeskhout
9mo ago
Would you be interested in a further debate concerning specifics of how voting secrecy works, why we have it, what methods are commonly used to ensure it, specific things that have been done which violate the specific demands of voting secrecy, etc., even though the end conclusion of that discussion necessarily cashes out in terms of vibes/confidence/trust?
Sure, that's an interesting topic with lots of areas of discussion. I think I made it clear that there's nothing wrong with discussing how to instill confidence in a voting system even in response to suspicions that end up being unfounded. The problem is when the suspicion is a pretextual excuse for "my candidate didn't win ergo this was a fraud"
It might be interpreted as implying that your opponents are simply blind, irrational, partisan haters.
There's nothing forbidden about presenting evidence and drawing conclusions from it. If someone's skepticism is indeed immune to evidence, what other explanations are there?
ymeskhout
9mo ago
There's nothing unreasonable about having suspicions or drawing conclusions based on insufficient evidence. I think it's very likely that Navalny was murdered, but I also have the awareness to admit that I cannot prove to any satisfying degree. That's perfectly ok! If someone has a suspicion about 2020 but cannot prove it, the honorable thing to do is just admit that instead of pretending to hold a well-grounded conclusion.
ymeskhout
9mo ago
Lewis2 said they're not knowledgeable enough to get into a debate, so I'm asking if there are other people willing to herald this argument as the strongest 2020 stolen election claim.
ymeskhout
9mo ago
The objection was on the rules themselves, not just that I'm a trained lawyer. I'm trying to separate the earnest objections versus the pretextual excuses from those unwilling to have their beliefs scrutinized. If someone objects to the rules but then offers no alternatives, I have nothing to go off.
ymeskhout
9mo ago
Sure, anyone who when asked 'how many unarmed black men were shot by police last year?' answers something insane like 10,000. Anyone who calls for the literal abolition of police or prisons. Anyone who believes the Jacob Blake shooting was unjustified (though I'll leave room for a compelling argument based on the reality of the case). Anyone in general who lies or otherwise misrepresents the circumstances for any particular incident of police abuse. Anyone who argues that the only explanation for any racial disparity must be racism. I could go on, and you're welcome to take me to task on anything else within this constellation.
ymeskhout
9mo ago
I would assume if you're sitting on bombshell evidence of election fraud you'd want to do something about it, but that's just me.
ymeskhout
9mo ago
I'm excited that you're game. Are you referring to historical instances of electoral fraud that happened before the 2020 election or during it?
ymeskhout
9mo ago
I brought up the Defund the Police example because it illustrates the problem really well. If we're talking about the issue, it's helpful to know if someone means "literally abolish the police" or "reduce the police budget slightly by recategorizing 911 dispatchers as non-police". It would be annoying to have someone argue the 911 dispatcher accounting trick only to then turn around with "and therefore that's why we need to abolish the police" when the coast is clear.
ymeskhout
9mo ago
ymeskhout
9mo ago
I apologize, I misread your prior comment as claiming I was retreating a bailey position.
Your CIA exercise is a good attempt at trying to steelman a strong-version of the stolen election claims. Another possibility I wondered about is some sort of a decentralized conspiracy of sneaking in as many operatives (most likely an election activist) into positions of election authority. After that, I don't know how that would be accomplished or what they'd be able to do without getting caught.
ymeskhout
9mo ago
Perhaps relevant to your interests, Scott Greenfield commented on my substack and has previously posted about seeing a missile that day.
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