The X Spot: Catching up on Too Many Books and Too Much News

This is a week for catching up, for getting to a few of those books I’ve “been meaning to” for “an inordinate amount of time” which is now apparently “leading to an abuse of sarcastic quotes.”

To the books, Geoffrey!

10. Batman: The Abduction. Writer: Alan Grant, Artist: Norm Breyfogle, Inker: James A. Hodgkins, Colorist: Bleyaert Ro Hannin, Letterer: John Costanza, Publisher: DC

This was actually a good week of reading as I don’t have as much ire for the bottom dope as I might normally have. To be clear, Batman: The Abduction — the story of Batman being whisked away by gray space men, only for the experience to torment Bruce — is patently stupid (“Aliens totally different from any I’ve ever met like Superman or J’onn J’onzz,” Batman says, acknowledging he is BFFs with multiple people not of this planet) and outrageously derivative of the 1993 crock of horseshit Fire in the Sky. And yet I cannot bring myself to hate this, a darker, only slightly more serious version of Batman ’66. The camp … is too strong.

9. American Ronin #1. Writer: Peter Milligan, Artist: ACO, Inker: David Lorenzo, Colorist: Dean White, Letterer: Sal Cipriano, Publisher: AWA

I was slow to get on board on account of the title (“ronin,” like “mecha” or anything like it, is a genre turnoff for me), but I was fairly happy with what I got here: a spy/kill ’em all/revenge murder book set in a world of multinational corporations operating as defacto states with one man ready to go after anyone with his special set of skills — which here is an ability to understand a target’s whole life to precisely target their most vulnerable points. Clever premise, and I’m always game to see people who need to die get theirs. 

8. Space Bastards #1. Writers: Eric Peterson and Joe Aubrey, Artist: Darick Robertson, Colorist: Diego Rodriguez, Letterer: Simon Bowland, Publisher: Humanoids

This thing was fun and the perfect sense of two miserable things: a gig economy that encourages workers to take as many jobs as they can swallow up (sometimes ruthlessly undercutting their colleagues and destroying the market for their labor in the process) and corporations that don’t give a fuck about consumers. In the Space Bastards universe, the Intergalactic Postal Service has lots of open jobs — namely because delivery workers are incentivized to murder/dismember other carriers in order to take their packages because for every additional hand that touches a parcel, IPS jacks up the fee for the customer. Delightfully evil. Into this world steps David S. Proton, a white collar dweeb who’s lost everything. Can he survive? I dunno, but I’m here to find out.

Lock Him Up?

Former President Donald Trump (Jesus, that hits right, like good bourbon or halfway decent sex) has left the White House, off to sulk in his Mar-a-Lago estate and plot how exactly he will “be back in some form.” The impeachment trial and any number of other legal calamities (like this, this and this) loom, but what are the chances he faces criminal charges for the very thing he’s been impeached for?

Loyal Content Consumer, I’m glad you asked. 

Generally speaking, former President Trump (oh yeah, just as good the second time) was impeached by the House for “incitement of insurrection,” meaning he called for the violent defiance of legal government order. “Insurrection” is a general term under the law meaning more or less its usage in common speech. (Contrast that with “treason,” and you’ll see there’s a big gulf between how it’s used and what the criminal offense actually requires for conviction.) “Incitement,” though, is a specific legal term as we’ve defined it under the case law — one which suggests that, if the Senate was a true court of law, the former president (*eyes roll in ecstasy*) might escape peril yet again.

The standing case on incitement came to us in 1969 with the Supreme Court’s decision in Brandenburg vs. Ohio, a ruling that overturned a Ku Klux Klan leader’s conviction for criminal syndicalism for a speech that warned there may be “revengeance taken” for the “continue[d] suppression of the white, Causasion race.” In finding the defendant was protected by the First Amendment, the Court emphasized the need to punish speech calling for illegal violence only when it was likely to produce “imminent lawless action.” And that was a good call, especially considering the Court had futzed around with various doctrines like the “clear and present danger” and “bad tendency” tests that enabled (or at least encouraged) the prosecution of violent political ideas in the abstract. Under Brandenburg, it’s fine to swear to a political ideology that calls for the violent overthrow of government (like communism or … say, maybe, some dumb shit on the internet your broken brain got tricked into believing), but criminal liability may arise when that belief is paired with speech in a volatile moment — a good balance that protects the collective peace and avoids the punishment of what we might deem to be “bad” thoughts.

Operationalizing the Court’s “imminent lawless action” mandate leaves us with a four-part Brandenburg test for examining the constitutionality of a criminal conviction premised on incitement:

1. A lawless action. One cannot be incited to do a lawful act. Screaming “Take a shower, you all smell like hot ass” at a comic con audience is not incitement because showers are legal. For now.
2. Intent. A speaker has to want to encourage others to violence; you can’t accident your way into a good incitement charge.     
3. Temporal proximity. There has to be a close distance in time between the speech and the proposed violence. We overthrow the government now. Not tomorrow, not next week. ASAP, people.
4. Likelihood of violence. The violence in question can’t be totally speculative; the audience has to have the capacity for mayhem and at least be somewhat receptive to the message. Good luck trying to make that incitement charge stick from the speech at the nursing home. 

Applying Brandenburg to the case at hand, I think we can fairly make out three of the four elements. The lawless action is the vandalism or violence Trump (possibly) had in his mind, although the speech is not terribly specific there. (More on that momentarily.) There was certainly temporal proximity with the march to the Capitol directly following the speech. Finally, there was certainly a likelihood of violence given the angsty crowd and its membership of able-bodied adherents to whatever it was Trump was pushing.

The actual substance of the speech, however, is where the incitement argument runs into trouble. The former president (yup, still works) did say, “We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.” And he closed with the following:

[W]e’re going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we’re going to the Capitol, and we’re going to try and give.

The Democrats are hopeless, they never vote for anything. Not even one vote. But we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.

So let’s walk down Pennsylvania Avenue.

But the context around those two statements is more than an hour (Please don’t watch it — no one deserves that misery — but here’s a link and a transcript if you’re a sicko like me) of his standard-issue bullshit grievance and fact-free nonsense.

Like this set of gems:

The Georgia secretary of state and pathetic governor of Georgia have reached, although he says I’m a great president. You know, I sort of maybe have to change. He said the other day, “Yes, I do. I disagree with president, but he’s been a great president.” Good, thanks. Thank you very much.

Because of him and others, you have Brian Kemp. Vote him the hell out of office, please. Well, his rates are so low. You know, his approval rating now, I think it just reached a record low.

Giving him a charitable reading in context, there’s not enough there to say definitively he intended his speech to provoke the violence that followed it. Uncharitably, I’d say he’s too goddamned stupid to form the necessary intent. But really, if you want to provoke a mob to violence, do you blather at them for an hour? It’s more complicated than that admittedly (we could introduce evidence at trial, for example, on how his slow/nonexistent reaction to the insurrection speaks to his intent), but I don’t like these facts if I’m looking to put the former president (ahhhhhh, think I’m ’bout done) in leg irons.   

But guess what? Impeachment is a political rather than a legal process, meaning the House can indict any government officer for any act it sees as a “high crime and misdemeanor” and the Senate can likewise convict. Former President Barack Obama (huh, nothing there) could have been impeached and removed for the Great Tan Suit Scandal, so it doesn’t really matter that Trump’s second impeachment may be over constitutionally protected speech.

The additional shame of Senate conviction and a subsequent prohibition on holding federal office may not be as heartwarming as the thought of that bastard spending time in prison, but that last part sure is fun to think about, isn’t it?

The Early Middle-ish Part

7. Best of Leonardo. Writers: Kevin Eastman, Peter Laird, Brian Lynch and Sophie Campbell; Artists: Steve Bissette, Michael Dooney, Ryan Brown, Campbell; Colorists: Tom Smith’s Scorpion Studios, Jay Fotos, Brittany Peer; Letterer: Shawn Lee; Publisher: IDW

This is an anthology collection that’s not really an anthology; instead of crafting new stories about the leader of the Turtles, this is recycling already published pieces in a slightly different context with one story from the Mirage days, one from early in the IDW run and a recent offering by current TMNT scribe Sophie Campbell. My personal pick was the middle-era piece by Brian Lynch, but there’s a lot to like here, including a sweet $5.99 price for almost 100 pages of content. My only quibble? Donnie is still the better Turtle. (Definitive ranking: Donnie, Leo, Raph, Mikey. That’s the scientific answer, and I can’t help you if you have something different. Because you’re wrong.)  

6. I Breathed a Body #1. Writer: Zac Thompson, Artist: Andy MacDonald, Colorist: Triona Farrell, Letterer: Hassan Otsmane-Elhaou, Publisher: AfterShock 

Jumpin’ Jaysus, this has a lot going on. Body horror? Commentary on the destructive effects of social media? Why not? It’s heavy, and I think I’m going to enjoy #2 and #3 more than this opener, but this is a fine start to an ambitious series. The lettering here, though, was a little grating. Check out a more in-depth review of the first issue here.

5. We Only Find Them When They’re Dead #1. Writer: Al Ewing, Artist: Simone Di Meo, Colorist: Mariasara Miotti, Letterer: AndWorld Design, Publisher: BOOM

Remember when I said up there I was getting to some books on the pile? This is one of those that’s been unfortunately languishing, and it’s all my fault. Ewing is a hell of a writer, and while this is pretty dense, it doesn’t disappoint. Real “find and kill God” energy. (Although the “killing” part is probably contrary to the title.) Full review here.

X Spotlight: Things on ComicsXF You Should Read

• This Fucking Tweet by Adam Reck. Rarely have I seen such chaotic energy. Impressive. But as ComicsXInhouseCounsel, I have to say that’s probably defamatory. (And that’s a joke.)
• Bonus Reading Looks at 4 Notable Stories by Saladin Ahmed by Matthew Lazorwitz. Abbott is back this week, and that’s a great reminder to go back and finish that book. Matt does a nice job here of highlighting some of Ahmed’s other works.
• Advance Review: Image’s Radiant Black Charming Enough to Hook Even Non-Tokusatsu Fans by Zoe Tunnell. Get in on the ground floor with Zoe’s help on what looks to be Image’s next big series.
• Advance Review: Social Media Is Disturbing, Even without Mushrooms, in I Breathed a Body #1 by Big Boss Zachary Jenkins and Rob Secundus. I didn’t have much beyond “ooh, shiny” for I Breathed a Body, but get a read on what my colleagues had to say about it.
• There is Nothing Wrong With Your WandaVision by Charlie Davis and Mikey Zee. You need WandaVision coverage? You need WandaVision coverage.
• Would the Decompressed Nature of We Only Find Them When They’re Dead Be Better Served in Trade? Let’s Discuss by Andrea Ayres and Chris Eddleman. Where I fail, my friends are there to carry me. Like a giant space god corpse. 

The Late Middle-ish Part

4. Stillwater #1. Writer: Chip Zdarsky, Artist: Ramon K. Perez, Colorist: Mike Spicer, Letterer: Rus Wooton, Publisher: Image/Skybound

Again, another book I should have read months ago. The “foreboding small town with a dark ass secret” is a fun trope, and Big Daddy Z does some fun stuff with it here. I should make it a point to steal an hour or so of sleep time and catch up on the rest of the series. “I can’t protect you. No one can” — killer line. 

3. Future State: Catwoman #1. Writer: Ram V, Artist and colorist: Otto Schmidt, Letterer: Tom Napolitano, Publisher: DC

Writing a heist for Catwoman is one sure way not to go wrong, and while this isn’t the first thieving rodeo for Ram V, it’s a good one. One question I had while reading this — and it’s something Good Brother Matt and I discussed in Batchat this week — is the extent to which “Future State” stories are in the same continuity. Future State: Catwoman vaguely hangs with most of the Gotham books I’ve read, but it could also just as easily be off in its own world. I’m not one to be a slave to continuity. However, I am curious.

2. Home Sick Pilots #2. Writer: Dan Watters, Artist and colorist: Caspar Wijngaard, Letterer: Aditya Bidikar, Publisher: DC

Caspar Wjingaard could illustrate the phone book (damn I’m old), and I’d read it. Just a beautiful, majestic series. Full review here.

Out of ConteXt: Choice ComicsXF Discord Quotes

• “I always assume I’ve got at least one hater looking at all my tweets”
• “I accidentally got that game last year, have yet to open it, partially because acab”
• “subtweets are dope, I be subtweeting shit I don’t even know about”
• “Jesus coming in clutch once again”
• “Do you like painting spells on a plane in your own blood to appease the dark gods who you know love you?”
• “The whole ‘piledriver right on the ole domeski’ probably didn’t help matters”
• “i love my putting importance on inanimate objects for zero reason ever”
• “make sure to read judas by jeff loveness after its next in the christian reading order”
• “Hal Jordan, Space Himbo”
• “I only want to watch tenet for Robert pattinson’s apparent homoeroticism I’m a simple man”

Wanna get in on the madness that is the ComicsXF Discord? Back our Patreon.

Finally, the Big Hoss of the Week

1. Batman: Turning Points #1. Writer: Greg Rucka, Artist: Steve Lieber, Colorist: Tom McGraw, Letterer: Willie Schubert, Publisher: DC

A Batman anthology series? With a story set during “Year One”? I think this was written for me. This 2000-01 mini ran for five issues and featured three writers (Rucka, Ed Brubaker and someone other than Chuck Dixon because he’s a rotten asshole and DC would never let him write for them, right?) and a variety of different artists. This first issue paired up Rucka with Lieber, his collaborator on Whiteout, and it’s a big fuckin’ win, resulting in a story that both humanizes the early relationship between Batman and Jim Gordon and would feel right at home in a “Year One” collection in terms of tone and art. Read it if you haven’t.

NeXt Time on the X Spot

Future State: Batman/Superman, Future State: Justice League, Post Americana #2 and seven more … because it’s pronounced “ten.”