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Is Redistricting ‘Retarded’? – Above the Law

(Photo
by
Andrew
Harnik/Getty
Images)

In
his
usual
elegant
and
scholarly
way,
President
Donald
Trump
took
to
Truth
Social
to
criticize
Somalian
refugees:

[H]undreds
of
thousands
of
refugees
from
Somalia
are
completely
taking
over
the
once
great
State
of
Minnesota.
Somalian
gangs
are
roving
the
streets
looking
for
‘prey’
as
our
wonderful
people
stay
locked
in
their
apartments
and
houses
hoping
against
hope
that
they
will
be
left
alone.
The
seriously
retarded
Governor
of
Minnesota,
Tim
Walz,
does
nothing,
either
through
fear,
incompetence,
or
both.

Trump
thus
blames
hundreds
of
thousands
of
refugees
for
the
conduct
of
a
few
bad
apples. 
That’s
wrong!

Mike
Bohacek,
an
Indiana
State
Senator,
was
appropriately
outraged.
He
notified
the
world
on
Facebook
of
how
he
would
retaliate
for
Trump’s
disgraceful
statement:

Many
of
you
have
asked
my
position
on
redistricting.
I
have
been
an
unapologetic
advocate
for
people
with
intellectual
disabilities
since
the
birth
of
my
second
daughter.
Those
of
you
that
don’t
know
me
or
my
family
might
not
know
that
my
daughter
has
Down
Syndrome.
This
is
not
the
first
time
our
president
has
used
these
insulting
and
derogatory
references
and
his
choices
of
words
have
consequences.
I
will
be
voting
NO
on
redistricting;
perhaps
he
can
use
the
next
10
months
to
convince
voters
that
his
policies
and
behavior
deserve
a
congressional
majority.

Let
me
get
this
straight.

Nearly
10
years
ago,
the
world
learned
that
Donald
Trump
had
said: “[W]hen
you’re
a
star,
they
let
you
do
it.
You
can
do
anything.  Grab
’em
by
the
pussy.
You
can
do
anything.”

Bohacek,
naturally,
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

Trump
said,
of
Mexican
immigrants,
condemning
them
all
as
a
group,
“They’re
bringing
drugs.
They’re
bringing
crime.
They’re
rapists.”

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

After
the
2017
white-supremacist
rally
in
Charlottesville,
Virginia,
Trump
said
that
“there
were
very
fine
people
on
both
sides.”

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

Trump
encouraged
a
mob
to
attack
the
Capitol
Building,
thus
interfering
with
the
peaceful
transfer
of
power
after
the
2020
presidential
election.

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

A
jury
found
Trump
liable
for
sexual
assault.

Bohacek
saw
nothing
wrong
with
this.
Trump’s
my
guy!

A
different
jury
convicted
Trump
of
34
felonies.

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

Trump
pardoned
the
entire
group
of
January
6
rioters,
including
Enrique
Tarrio,
who
had
been
convicted
of
seditious
conspiracy
and
sentenced
to
22
years
in
prison.

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

Trump
imposed,
and
removed,
and
imposed
again,
assorted
tariffs,
increasing
costs
and
crippling
the
ability
of
American
businesses
to
plan
for
the
future.

Bohacek
saw
nothing
wrong
with
this. 
Trump’s
my
guy!

Trump
said
that
Tim
Walz
was
retarded.

The
very
nerve! 
The
outrage! 
By
God,
I’ll
oppose
Trump’s
effort
to
redistrict
in
Indiana
because
he’s
implicitly
insulted
my
child
who
has
Down
Syndrome!

Really? 
For
some
inexplicable
reason,
you
could
ignore
all
of
Trump’s
other
offenses,
insults,
and
criminality? 
But
this
particular
insult

actually
mild
by
comparison

now
sets
you
off?

And
you’re
going
to
vote
against
redistricting
because
Trump
said
something
implicitly
insulting
to
people
with
Down
Syndrome?

If
I
personally
were
a
legislator
thinking
about
redistricting,
I’d
decide
whether
redistricting
was
right
or
wrong. 
If
redistricting
was
good
for
Indiana
and
the
rest
of
the
country,
then
I’d
vote
for
it

whether
or
not
the
president
was
a
jerk. 
And
if
redistricting
was
partisan
hackery
that
would
hurt
Indiana
and
the
rest
of
the
country,
then
I’d
vote
against
it

whether
or
not
the
president
was
a
jerk.

Whether
the
president
had
implicitly
insulted
my
child
simply
wouldn’t
be
in
the
calculus
because,
as
a
legislator,
I’d
be
sworn
to
protect
my
constituents.

So
Bohacek’s
Facebook
post
was
a
political
stunt,
perhaps
meant
to
draw
attention
to
the
cause
of
Down
Syndrome,
or
perhaps
meant
to
draw
attention
to
Mike
Bohacek
personally,
or
perhaps
to
achieve
something
else. 
But
the
Facebook
post
had
nothing
to
do
with
the
propriety
of
a
vote
on
redistricting.

Remarkably,
the
media
fell
for
it. 
The
media
reported
Bohacek’s
nonsense
as
though
Trump’s
insulting
choice
of
words
actually
cost
him
a
vote
in
favor
of
redistricting
in
Indiana.

Media: 
Shame
on
you. 
This
was
a
publicity
stunt,
and
you
fell
for
it,
giving
Bohacek
the
publicity
he
craved.

And
Bohacek: 
Shame
on
you. 
What
you
wrote
on
Facebook
was
nonsensical.

In
fact,
I’d
almost
be
tempted
to
say: 
Mike
Bohacek,
you’re 
.
.
.
well
.
.
.
very
foolish.






Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of 
The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strategy
 (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].