Here we spot wild Bardfinn Bluesky activities.
Be valid and ping ! bardfinn for something worthwhile or create a new thread.
/h/bardfanns
BardWatch
She/Her
Anti-Hate-Brigade
1d ago
(text post)
49 thread views
#328291
earned 28 coins from votes
Bard spotting on Bluesky 26 December 2024 
- 28
- 6
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
There are a lot of people talking past one another about the employment history of the judge & her spouse.
Whether or not there actually exists a conflict of interest (which is beyond my authority to say), there exists an
Appearance of Impropriety
And that should suffice for a recusal.
BUT
Kathryn Tewson (@kathryntewson.bsky.social):
There is not an appearance of impropriety under the rules, and there are no grounds for recusal here. This just isn't true.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
As I rambled, I eventually got to the point I was trying to make: It's Political, beyond the scope of rules of how to run a courtroom, to the scope of "Mobs and mobsters don't care if there's a technicality". We are at the point that people don't care abt the rules.
Kathryn Tewson (@kathryntewson.bsky.social):
OK. There is nothing here that supports a recusal, not of any kind. Judges are actively discouraged from recusing under these circumstances. Please, please stop spreading the misinformation that the judge "should" recuse.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Thank you.
Kathryn Tewson (@kathryntewson.bsky.social):
(the reason why judges are discouraged from recusal under these circumstances is because it genuinely compromises the independence of the judiciary to allow baseless public outcry to steer judicial assignments)
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Nop 🍉 KITTY IN BIO 🐱 (@voxexsinister.bsky.social):
lol. bullshit. "Caeser's wife must not just be beyond reproach, but must appear beyond reproach."
Kathryn Tewson (@kathryntewson.bsky.social):
The "appearance of impropriety" standard isn't based on what a straw poll of the partly informed man-in-the-street would believe, but on what a reasonable person who understands all the relevant facts and context would believe. In the absence of that reasonable belief, recusal is not permitted.
Nop 🍉 KITTY IN BIO 🐱 (@voxexsinister.bsky.social):
lol, get fricked. Rich arseholes love changing the 'rules', but perception is still what matters.
Kathryn Tewson (@kathryntewson.bsky.social):
This isn't a changing of the rules. It's been this way for a century, and for very good reason. Why are you guys so fired up to insist that the court should have broken the law and violated Luigi's rights?
Nop 🍉 KITTY IN BIO 🐱 (@voxexsinister.bsky.social):
Luigi is a fricking hero. It's a shame he didn't take out more of you privileged scumbags.
Kathryn Tewson (@kathryntewson.bsky.social):
Then why do you want his rights violated so badly?
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I draw a line at death threats. My apologies. That conversation in my mentions is over. Have a good night.
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If only you could put that energy into your relationships
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Aaron Sofaer ✍️🏳️⚧️ (@aaronsofaer.bsky.social):
I am almost certain this user is a bot, given its follow patterns. But what a fascinating set of hashtags. @skywitches.net @rahaeli.bsky.social did I completely miss a wrecker fad or is this an up-and-coming thing?
Ms. Penny Oaken, SkyWitch (@skywitches.net):
The trans flag is inconsistent with the rest of it, but the expressed ideology is definitely consistent with radfem philosophy. I have that person blocked as a Singal follower, which opens the door to the possibility that she's bolting on ideologies like Hot Topic
Ms. Penny Oaken, SkyWitch (@skywitches.net):
The trans flag there might be an attempt at "AFAB Trans Woman" «privilege olympics» mockery
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Noah Berlatsky (@nberlat.bsky.social):
I assure you that you do not have to hand it to Laura Loomer.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
We are allowed to ignore her, which includes ignoring any (purely hypothetical!!) Stopped Clock scenarios orbiting her existence
Now muting this thread so I can spend these last few moments of sanity blissfully ignorant
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Kiraculous the Cyborg🏳️⚧️ (@kiraculous.net):
kira don't let your scs fully discharge because you're worried about getting overwhelmed while charging challenge 2024: difficulty = not that hard but somehow i'm still fricking it up
Ms. Penny Oaken, SkyWitch (@skywitches.net):
huggles you and squees
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Kiraculous the Cyborg🏳️⚧️ (@kiraculous.net):
improve a movie with "frick"
death fricks her
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Death Befricks Her has a nice ring to it
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
To sum up, my position here is that there is a precarious balance of public trust in the institutions of the practice of law, justice, government — and that is in a scope that is beyond merely law, but is one of politics.
(Thank you @cbowers.bsky.social for your contributions)
Nita Noor (@nitanoorad.bsky.social):
📌 following this.
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
There are a lot of people talking past one another about the employment history of the judge & her spouse.
Whether or not there actually exists a conflict of interest (which is beyond my authority to say), there exists an
Appearance of Impropriety
And that should suffice for a recusal.
BUT
Corey Bowers (@cbowers.bsky.social):
There's no appearance of impropriety, either. As it applies to the issue of recusal it's a term of art, and you haven't established that the facts here satisfy the criteria. You haven't even bothered attempting to do so
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Sir, I am very certain that I made clear that I had not finished making my statement, and that interjecting before I had done so was an arrogation - a presupposition - that you already knew my mind before the expression of it was even fixed in a medium.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
It profits no one to argue against a position not even being advanced.
Corey Bowers (@cbowers.bsky.social):
I don't see anything in your later posts that contradicts what I said
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Corey Bowers (@cbowers.bsky.social):
Here's commentary on the code of conduct
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Thank you for this. I stand on my position that this commentary supports my view.
Corey Bowers (@cbowers.bsky.social):
I stand by the fact that your commentary examined no facts, and that you don't have knowledge of all relevant facts. That said, even with the known facts I've yet to see anyone make a coherent case that the judge could not be impartial - relying only on facts and not distortions or assumptions
Ms. Penny Oaken, SkyWitch (@skywitches.net):
As I mentioned earlier — It's beyond me to state whether there is impropriety. I set aside that question.
My point is that, to see justice done with as few doubts as to a derailment of justice be introduced as possible, the judge should recuse.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
No one can ask every judge to be independently wealthy and have all their investments in a blind trust to try a case that intersects with the industry they invested in; that's unrealistic.
We can ask judges to consider whether they are harming public trust in the institution by taking a case.
Corey Bowers (@cbowers.bsky.social):
This judge is not trying the case. She's a magistrate judge, not article iii, and isn't even the magistrate judge assigned to the case at this point.
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Corey Bowers (@cbowers.bsky.social):
What could this judge do/have done that would impact justice? What specifically would you have her do at this point?
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I can't / wouldn't have her do anything. I am describing. I am describing the fact that public trust in the institution of the practice of the law and justice and government is at a low point.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
People will see that she profits financially by trying Mangione. That may not be rational or subject to the prescriptive logic of the discipline's CoC, but it is what will happen.
And the code you provided asks its adherents to consider that outcome.
& if she doesn't, that, too, will be seen.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
You are a professor of a discipline in which terms of art have extremely specific, specified and prescribed meanings.
Those terms of art entered your discipline from a sphere where they had (and sometimes, today, have) rather more significance.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
My position isn't one of "I expect this to carry in a court".
My position is one of "There is a reason why codes of ethics exist in the first place".
Corey Bowers (@cbowers.bsky.social):
What reason for a core of ethics would be served by knee jerk reactions, arbitrary decisions, and relying on people who lack knowledge of the circumstances? That seems like a recipe for selective enforcement and inconsistent dealing with ethical concerns
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Corey Bowers (@cbowers.bsky.social):
But she couldn't profit from the trial and can't be the judge trying the case. What you are describing is the view of unreasonable minds not informed of the circumstances, and so necessarily cannot be an application of the standard. Speaking out against a judge based on false ideas is bad
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Yes. And people very often, in times of crisis of faith in public institutions, do not bother with the full facts, nor reason. There is only reputation, and now, reputation is not contingent to —
Corey Bowers (@cbowers.bsky.social):
And, yet, you think your position that the judge should recuse is consistent with a rule requiring reasonable minds considering all circumstances. I'm quite confused
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I feel that
& …
Ms. Penny Oaken, SkyWitch (@skywitches.net):
are the overriding considerations in that code.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I suppose I could have served the best interests of all concerned by summarising at the top, "It's political, and …", but I take full responsibility for failure to outline a fully scoped thesis in an extemporaneous microblog
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Corey Bowers (@cbowers.bsky.social):
lol, removing the context that undermines your position is top notch work
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I didn't remove it; I simply described what I see to be the overriding consideration - one which I do not see as subject to the clauses you assert undermine my position.
But again, microblogging, 300 characters, extemporaneous, and so forth.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Thanks for contributing. Have a good night.
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Corey Bowers (@cbowers.bsky.social):
And, frankly, I find the spread of misinformation and the shouting down of those who try to correct it as part of the problem of the decline in public distrust. Claiming that this judge is incapable of being impartial based on false claims is bad, and it is proper to call that out
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Again - It's beyond my ability and authority to represent whether she is or isn't fit.
I am describing a set of incentives for an eventual jury member to nullify the law.
As I mentioned elsewhere - "It is political", and had I scoped it as such, we would perhaps be saved a lot of discourse.
Corey Bowers (@cbowers.bsky.social):
Yeah, nothing in what you described has anything to do with jury members
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Presumably, his attorney will stipulate a jury trial if they go to trial.
Should they do so, finding impartial jurors will be … a challenge.
Potential jurors should have as few incentives to lie to get on the jury to nullify the law, as possible.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Or lie to get off the jury. Etc.
At any rate. Thank you.
Corey Bowers (@cbowers.bsky.social):
I'm abrasive, but hopefully you get that I'm working toward a similar end(seems like you do)
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
— is not contingent to, "We investigated ourselves and found nothing wrong.".
To put it a different way: I spent the last 8 years focused on right wing violent extremism. That is my expertise, and is why I am describing this.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Trump's movement is right wing Domestic Violent Extremism, premised on Anti-Government / Anti-Authority Violent Extremism.
Mangione is, technically, an Anti-Government / Anti-Authority Violent Extremist.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I am proposing that there is a delicate balance, and that everyone serving society should do everything they can, scrupulously, to be above even the politicisation of their choices.
Corey Bowers (@cbowers.bsky.social):
So stop trying to politicize and smear a judge who acted entirely within the bounds of ethical conduct. Suggesting that she acted improperly based on the fact that uninformed people may be swayed by falsehood is unscrupulous behavior
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That degree finally paying off
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
Thank you for your flat contradiction. In some circles it is considered to be polite and necessary to wait for someone to conclude making their argument before interjecting an objection.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Please allow me to set some ground rules which I feel are both civil and reasonable:
Corey Bowers (@cbowers.bsky.social):
Wait, making a claim without supporting evidence isn't worthy of consideration? Delete your thread
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
There are a lot of people talking past one another about the employment history of the judge & her spouse.
Whether or not there actually exists a conflict of interest (which is beyond my authority to say), there exists an
Appearance of Impropriety
And that should suffice for a recusal.
BUT
Ms. Penny Oaken, SkyWitch (@skywitches.net):
One of the rising concerns that people have with ethical professions is the increasing paucity of ethical duty borne by those professionals.
Health insurance should serve the interests of the client before the interests of the executive; It does not, and thus the rising contempt …
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Politicians should serve the interests of their constituents, but increasingly serve the interests of their bank accounts and stock portfolios.
Justices should serve the interest of justice, but increasingly serve the ends of donors and think tanks and lobbyists.
Corey Bowers (@cbowers.bsky.social):
You can't create an appearance of impropriety simply by making some vague claims about the full class and then applying it to a single member without an examination of facts.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
That is true.
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
One of the standing principles of jurisprudential ethics - including in the practice of law as an advocate as well as a jurist - is acting in such a fashion as to uphold public confidence in the institution; if people do not trust it, it cannot reach its intended ends.
There used to be a phrase —
Ms. Penny Oaken, SkyWitch (@skywitches.net):
"Uberrima Fides", "Overriding Good Faith". This was a scrupulous standard of transparency and avoidance of even the appearance of impropriety — in order to protect the legitimate ends of the profession, practice, institution, etc.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
(Today, this phrase, Uberrima Fides, has dwindled to a mere point of insurance contract law, an escape hatch.)
Our news and cultural narrative is today filled with multiple instances of justitial officers — from street law enforcement all the way up to SCOTUS — flaunting appearances of impropriety.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
And people are not stupid. They see the cracks, they see that powerful people whom we place in positions of trust based on an expectation of Uberrima Fides, are instead profiting or advancing their own interests at the expense of the trusts they hold.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
This is a core issue to the alleged crime, and to the extent that she can (IIRC Mangione's attorney is a woman), she is going to bring it up, in general and in specific, at trial.
And juries will nullify a law administered by an institution they see is unjust.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
That is what an Appearance of Impropriety means. It means that there cannot be the best attempt at justice in the case of Luigi Mangione so long as jurors see such an appearance.
And they see it. If even attorneys see it —!
It exists.
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Ma'am we've been over this before. You need to stop.
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Tulpa King (@elliotghoul.bsky.social):
Plus the fact that for-profit healthcare should rightly be seen as an abomination and should never have been allowed to exist.
Health insurance is not healthcare
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I have my opinion on that and it is largely aligned with yours, but it's beside the point. None of us would be involved in these discussions, I feel, if the bureaucracy had been administered well, no matter the system; we would be here no matter the bureaucracy if the sentiment was one of corruption
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octavia (@woketopus.bsky.social):
this is what "popping off a few rounds in the yard to keep the rent down" look like
Ms. Penny Oaken, SkyWitch (@skywitches.net):
That is "firebombing the gentrifying chain restaurant" levels
octavia (@woketopus.bsky.social):
hahahaha
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
We have evidence, testimony from far right
journ*listspropagandists, that they recruited radfems to be mouthpieces to launder the reputation of propaganda authored by such groups as Focus on the Family, & the Nashville Statement signatories, to keep it from being challenged as religious bigotryCassandra Miller, Hanukkah Witch (@tiptransformed.bsky.social):
Didn't someone trace WoLF's bank account and budget back to Christian conservatives back around 2020?
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I think so!
Ms. Penny Oaken, SkyWitch (@skywitches.net):
en.m.wikipedia.org/wiki/Women%2...
Cited in the wikipedia entry! ADF grant & speaker spots at Heritage Foundation talks, etc
Cassandra Miller, Hanukkah Witch (@tiptransformed.bsky.social):
They're just so awful.
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Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
shoutout to china. shoutout to judaism. merry christmas.
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
okay but highkey this is not good mapo tofu like what do you mean this is mapo tofu lmfao. at least the rest of their food is good
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
choosing to believe they simply made the wrong dish instead of accepting that this is what they call mapo tofu because like. what. there's no way.
WELCOME TO C*NT JUNGLE (@wuwa.bzky.team):
she's looking a little underspiced yeah
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
there's basically no heat at all lol
WELCOME TO C*NT JUNGLE (@wuwa.bzky.team):
sometimes you can save it a little if you put it back on the stove/etc for a bit with some chili oil & five spice in the broth. it's not necessarily that less spicy is bad or wrong, it's just that imho the spiciness is part of the 'textural' experience
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
i'm full from the other things we got (xiaolongbao which like, it's good, but imo they should be bigger and fuller) but yeah with the leftovers i might see if i can save it on the stove
WELCOME TO C*NT JUNGLE (@wuwa.bzky.team):
yeah I do like xiaolongbao & their convenient spoon-fitting size but also sometimes you do kinda just want to get a face full of soup squirt. so to speak.
WELCOME TO C*NT JUNGLE (@wuwa.bzky.team):
& for spice I know some of my friends put things like "spicy please" in chinese + english in order comments so the kitchen knows they can go ham if able. it's less about assuming they are chinese or can read/speak it than it's a sort of nod to "okay they're serious enough about spice to try twice"
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
OKAY THAT WOULD BE SMART I SHOULD DO THAT.
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
update that i have thrown it on the stove and added a bunch of my own spices and sauces. it's still not mapo and it's not perfect but it's Something at least
Katie Tightkitty, Editor-In-Chief (@katie.bzky.team):
never mind it's depressing i'm gonna eat the other things
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Cooking Secret: Sofrito fixes anything.
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𝖁𝖎𝖔𝖑𝖊𝖙 𝕺𝖇𝖑𝖎𝖛𝖎𝖔𝖓 (@violetoblivion.bsky.social):
Hey @skywitches.net , do you have a list for Nazi followers? If so, could you add this trash bag?
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Running nicholasjf thru blockenheimer right away
𝖁𝖎𝖔𝖑𝖊𝖙 𝕺𝖇𝖑𝖎𝖛𝖎𝖔𝖓 (@violetoblivion.bsky.social):
Yayyyy!!! Thank you!!!
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
We have evidence, testimony from far right
journ*listspropagandists, that they recruited radfems to be mouthpieces to launder the reputation of propaganda authored by such groups as Focus on the Family, & the Nashville Statement signatories, to keep it from being challenged as religious bigotryMs. Penny Oaken, SkyWitch (@skywitches.net):
The TERFs on Reddit were busily trying to build subreddits cataloguing everywhere someone could find (among other things) CSAM & CSEM on and off Reddit. (That's Bad).
When told by practicing professionals that this was the antithesis of protecting victims, they kept doing it.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Their operations on Reddit were entirely tabloid, misinfo, disinfo, and "so, so, so shocking" lurid narratives about anything politicizable and exploitable for Sexual Anxiety.
Raisin'it (@raisinit.bsky.social):
Can you give me a specific example? I've been trying to wrap my brain around this whole insane terf thing and have no personal experience with it/them
Ms. Penny Oaken, SkyWitch (@skywitches.net):
They had, in 2019, in addition to /r/GenderCritical, many other subreddits, among them /r/itsafetish (for promoting a narrative of autogynephilia) and /r/neovaginadisasters (stolen status photos of SRS, horror stories about poor outcomes, etc). These were cross-promoted to hundreds of MAGA hate subs
Ms. Penny Oaken, SkyWitch (@skywitches.net):
They also coordinated with the operators of /r/the_donald, /r/metacanada, /r/cringeanarchy & others to promote transphobia
bsky.app/profile/skyw...
Ms. Penny Oaken, SkyWitch (@skywitches.net):
When reddit banned /r/GenderCritical, their mod team showed up on the official moderator support forums to demand to know why "Reddit Hates Women", that they weren't an anti-trans subreddit, that they were innocent / framed / did nothing wrong - to deny, defend, dismiss, and derail. P
Ms. Penny Oaken, SkyWitch (@skywitches.net):
We had receipts.
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Faine Greenwood (@faineg.bsky.social):
You know what I don't get?
Why American tankies fixate on fricking Stalin and not on Ho Chi Minh
Sage 🏳️⚧️ (@trans.bsky.social):
Ho Chi Minh is fricking incredible. Legitimately incredible revolutionary.
Xenu's Paradox (@xenusparadox.bsky.social):
I mean if you're going to idolize a bloodthirsty dictator why not go all out and idolize Hong Xiuquan?
Sage 🏳️⚧️ (@trans.bsky.social):
Are you seriously calling Ho Chi Minh a blood thirsty dictator? Aren't you a little old to be repeating Nixon Era anti-communist word vomit?
Carl Marxman (@carlmarxman.bsky.social):
I'm gonna lose some lefty cred and admit I'm not actually that up on what Ho Chi Minh advocated for or did. Guess I got some reading to do.
Sage 🏳️⚧️ (@trans.bsky.social):
would recommend. Ho Chi Minh played a huge part in liberating Vietnam from French & then American colonial occupation.
Americans often still hate him because of chauvinism, anti-communism, & racism.
here's a speech he gave from when Vietnam declared independence:
Sage 🏳️⚧️ (@trans.bsky.social):
Ho Chi Minh & other members of the Vietnamese Communist Party initially hoped America would support their liberation struggle against French colonialism.
That unfortunately did not happen. In part, because Vietnam had oil & the American Empire hungered for blood.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Blood of the Earth
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
The case against generative AI is simple: It will tell you that an Amanita Muscaria is safe to consume, then give you bad directions to the hospital after quoting you $20 for an ambulance ride
If it were a human, it would be sued and jailed.
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The bardfinn appeal procedure is genuinely incredible
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Daniel Malmer (@malmer.com):
Update: account still exists, 15 hours after creation.
This could be a capacity problem. Bluesky might not have enough moderators in general, or could have a diminished staff over the holdidays.
Another possible reason, common on other platforms, is a problem of cultural context.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
It's a holiday capacity issue. They're triaging for certain things, and likely in the first week of January they'll have capacity back. (Every UCHISP with moderation enforcement has end of year capacity issues)
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Kiraculous the Cyborg🏳️⚧️ (@kiraculous.net):
for the last few weeks my meds have slipped further and further from being taken at 6 am. so if i have to keep my butt up until 6 am to take my 6 am meds at 6 am i fricking will
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Good medicine morning sweetie
Kiraculous the Cyborg🏳️⚧️ (@kiraculous.net):
goodnight dear one for as soon as this estrogen dissolves i'm off to dreamland
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Yay! 💖
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I am certain you do not wish to argue that several years ago you assaulted me at Tanglewood Forest. Several of your fellow company members have chased me and thwapped me with Amtgard -legal boffer weapons on Company Road while I was making announcements on behalf of Kingdom Officers.
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