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Is Trump an ‘unindicted co-conspirator’? Here’s what the term means
Some Democrats and political analysts are calling Trump an ‘unindicted co-conspirator’ after his former lawyer, Michael Cohen, pleaded guilty to eight felonies.
Michael Cohen, a former lawyer for President Donald Trump, pleaded guilty to eight felony counts on Tuesday and told the court that he worked “in coordination with” Trump to make criminal hush-money payments to Stormy Daniels and Karen McDougal during the 2016 presidential campaign. Cohen also suggested that he made one of these payments “at the direction of” the president.
Now, some are calling Trump an ‘unindicted co-conspirator’ in the federal crimes. The term is defined as a person who is alleged in an indictment to have engaged in a criminal conspiracy, but who was not charged in the same indictment. Although Cohen didn’t explicitly mention Trump in his admission, he said that he committed the crimes with “a candidate for federal office,” which is almost certainly a reference to the president.
“Trump is clearly guilty of violating campaign finance laws and also guilty of federal conspiracy as well (because he agreed with Cohen, and possibly others, on a plan to violate federal law),” Jens David Ohlin, a law professor at Cornell University, told Vox. “Normally he would be indicted right away. But that won’t happen only because he’s the president. But I suspect he’ll be named as an unindicted co-conspirator and also there’ll be a separate section of the Mueller report titled “Conspiracy to Violate Campaign Finance Laws” or something like that.”
The term ‘unindicted co-conspirator’ became widely known in 1974 after a grand jury applied it to former President Richard Nixon in the wake of the Watergate scandal. Since then, as a general rule, federal prosecutors choose not to name unindicted co-conspirators unless there’s “significant justification” to do so. The U.S. Attorney’s Office Manual states:
“In the absence of some significant justification, federal prosecutors generally should not identify unindicted coconspirators in conspiracy indictments. The practice of naming individuals as unindicted coconspirators in an indictment charging a criminal conspiracy has been severely criticized in United States v. Briggs, 514 F.2d 794 (5th Cir. 1975).”
In Briggs, the Fifth Circuit Court of Appeals found that a federal grand jury had violated the due process rights of several activists when it named them as unindicted co-conspirators in a plot to disrupt the 1972 Republican National Convention.
The court wrote that the alleged co-conspirators hadn’t been given an opportunity to defend themselves, and suggested that the government should have indicted the co-conspirators if it had probable cause.
“The courts have struck down with strong language efforts by grand juries to accuse persons of crime while affording them no forum in which to vindicate themselves,” the court noted.
However, the Fifth Circuit Court of Appeals also wrote in a later case that “in addressing the merits in Briggs, this Court … made absolutely clear that … that no legitimate function was served by naming and accusing an individual of a crime without indicting that individual as a defendant.”
The suggestion here is that prosecutors may choose to name unindicted co-conspirators when doing so serves a strong public interest.
However, there’s little doubt that the unindicted co-conspirator in the Cohen indictment was Trump. Still, whether any formal charges will ever be brought against the president remains an open question.
“The only time a claim like ‘unindicted co-conspirator’ becomes formalized is when there is a criminal prosecution against other people charged with conspiracy, and the government has to list in a bill of particulars who the co-conspirators are,” Nick Akerman, a former Watergate prosecutor now in private practice, told NPR. “But clearly, based on the facts in this information that Michael Cohen pled to … there can be little doubt that Donald Trump is an unindicted co-conspirator in those two crimes.”
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Why do so many people encounter beings after smoking large doses of DMT?
- DMT is arguably the most powerful psychedelic drug on the planet, capable of producing intense hallucinations.
- Researchers recently surveyed more than 2,000 DMT users about their encounters with 'entities' while tripping, finding that respondents often considered these strange encounters to be positive and meaningful.
- The majority of respondents believed the beings they encountered were not hallucinations.
What are DMT beings?<p>Do DMT entities actually exist in some other dimension, or are they hallucinations that the brain generates when its visual processing system is overwhelmed by a powerful tryptamine?<br></p><p>The late American ethnobotanist Terence McKenna believed that DMT beings — which he called "machine elves" — were real. Here's how he once <a href="https://www.ranker.com/list/dmt-machine-elves-facts/inigo-gonzalez" target="_blank">described</a> one of his DMT experiences:</p><p style="margin-left: 20px;">"I sank to the floor. I [experienced] this hallucination of tumbling forward into these fractal geometric spaces made of light and then I found myself in the equivalent of the Pope's private chapel and there were insect elf machines proffering strange little tablets with strange writing on them, and I was aghast, completely appalled, because [in] a matter of seconds... my entire expectation of the nature of the world was just being shredded in front of me. I've never actually gotten over it.</p><p style="margin-left: 20px;">These self-transforming machine elf creatures were speaking in a colored language which condensed into rotating machines that were like Fabergé eggs but crafted out of luminescent superconducting ceramics and liquid crystal gels. All this stuff was just so weird and so alien and so un-English-able that it was a complete shock — I mean, the literal turning inside out of [my] intellectual universe!"</p><p>McKenna believed machine elves exist in alternate realities, which form a "<a href="https://www.irishtimes.com/culture/books/old-favourites-the-archaic-revival-1991-by-terence-mckenna-1.3924887" target="_blank">raging universe of active intelligence that is transhuman, hyperdimensional, and extremely alien.</a>" But he was far from the first to believe that DMT is a doorway to other realms.</p><p>Indigenous peoples of the Amazon basin have used ayahuasca in religious ceremonies for centuries, though no one is quite sure when they first started experimenting with the psychedelic brew. The Jibaro people of the Ecuadorian rainforest believed ayahuasca allowed regular people, not just shamans, to <a href="https://atrium.lib.uoguelph.ca/xmlui/bitstream/handle/10214/17902/RichardsonG_202004_HonThesis.pdf?sequence=3" target="_blank">speak directly to the gods</a>. The 19th-century Ecuadorian geographer Villavicencio wrote of other Amazonian shamans who used ahaysuca (known as the "vine of the dead") to contact spirits and foresee enemy battle plans.</p><p>In the West, research on DMT experiences has been sparse yet interesting. The psychiatrist Rick Strassman conducted some of the first human DMT trials at the University of New Mexico in the early 1990s. He found that <a href="https://www.erowid.org/chemicals/dmt/dmt_article3.shtml" target="_blank">"at least half"</a> of his research subjects had encountered some form of entity after taking DMT.</p><p style="margin-left: 20px;">"I was neither intellectually nor emotionally prepared for the frequency with which contact with beings occurred in our studies, nor the often utterly bizarre nature of these experiences," Strassman wrote in his book "DMT The Spirit Molecule".</p>
Manuel Medir / Getty<p style="margin-left: 20px;">"Whenever I tried to pull any information out of the entities regarding themselves, the data that was given up was always relevant only to me. The elves could not give me any piece of data I did not already know, nor could their existence be sustained under any kind of prolonged scrutiny."</p><p>It's also worth noting that not all people who smoke DMT see beings, and that some see beings that look <a href="https://www.erowid.org/chemicals/dmt/dmt_article3.shtml" target="_blank">nothing like elves or aliens</a>. The diversity of these reports seems to count against the argument that DMT beings exist in some objective alternate reality.</p><p>In other words, if DMT beings exist in some other dimension, shouldn't they appear the same to anyone who visits that dimension? Or do the beings assume a different appearance based on who's looking? Or are there many types of beings in the DMT universe, but most look like elves? </p><p>You might start seeing elves just trying to sort this stuff out.</p><p>Ultimately, nobody knows exactly why DMT beings take the forms they do, or whether they're just figments of overstimulated imaginations. And the answers might be beside the point. </p><p>In the recent survey, 60 percent of participants said their encounter with DMT beings "produced a desirable alteration in their conception of reality whereas only 1% indicated an undesirable alteration in their conception of reality."</p><p>DMT beings may be nothing more than projections of the subconscious mind. But these bizarre encounters do help some people find real meaning, whether it's through personal revelation or the raw power of ontological shock.</p>
So far, 30 student teams have entered the Indy Autonomous Challenge, scheduled for October 2021.
- The Indy Autonomous Challenge will task student teams with developing self-driving software for race cars.
- The competition requires cars to complete 20 laps within 25 minutes, meaning cars would need to average about 110 mph.
- The organizers say they hope to advance the field of driverless cars and "inspire the next generation of STEM talent."
Indy Autonomous Challenge<p>Completing the race in 25 minutes means the cars will need to average about 110 miles per hour. So, while the race may end up being a bit slower than a typical Indy 500 competition, in which winners average speeds of over 160 mph, it's still set to be the fastest autonomous race featuring full-size cars.</p><p style="margin-left: 20px;">"There is no human redundancy there," Matt Peak, managing director for Energy Systems Network, a nonprofit that develops technology for the automation and energy sectors, told the <a href="https://www.post-gazette.com/business/tech-news/2020/06/01/Indy-Autonomous-Challenge-Indy-500-Indianapolis-Motor-Speedway-Ansys-Aptiv-self-driving-cars/stories/202005280137" target="_blank">Pittsburgh Post-Gazette</a>. "Either your car makes this happen or smash into the wall you go."</p>
Illustration of the Indy Autonomous Challenge
Indy Autonomous Challenge<p>The Indy Autonomous Challenge <a href="https://www.indyautonomouschallenge.com/rules" target="_blank">describes</a> itself as a "past-the-post" competition, which "refers to a binary, objective, measurable performance rather than a subjective evaluation, judgement, or recognition."</p><p>This competition design was inspired by the 2004 DARPA Grand Challenge, which tasked teams with developing driverless cars and sending them along a 150-mile route in Southern California for a chance to win $1 million. But that prize went unclaimed, because within a few hours after starting, all the vehicles had suffered some kind of critical failure.</p>
Indianapolis Motor Speedway
Indy Autonomous Challenge<p>One factor that could prevent a similar outcome in the upcoming race is the ability to test-run cars on a virtual racetrack. The simulation software company Ansys Inc. has already developed a model of the Indianapolis Motor Speedway on which teams will test their algorithms as part of a series of qualifying rounds.</p><p style="margin-left: 20px;">"We can create, with physics, multiple real-life scenarios that are reflective of the real world," Ansys President Ajei Gopal told <a href="https://www.wsj.com/articles/autonomous-vehicles-to-race-at-indianapolis-motor-speedway-11595237401?mod=e2tw" target="_blank">The Wall Street Journal</a>. "We can use that to train the AI, so it starts to come up to speed."</p><p>Still, the race could reveal that self-driving cars aren't quite ready to race at speeds of over 110 mph. After all, regular self-driving cars already face enough logistical and technical roadblocks, including <a href="https://www.bbc.com/news/technology-53349313#:~:text=Tesla%20will%20be%20able%20to,no%20driver%20input%2C%20he%20said." target="_blank">crumbling infrastructure, communication issues</a> and the <a href="https://bigthink.com/paul-ratner/would-you-ride-in-a-car-thats-programmed-to-kill-you" target="_self">fateful moral decisions driverless cars will have to make in split seconds</a>.</p>But the Indy Autonomous Challenge <a href="https://static1.squarespace.com/static/5da73021d0636f4ec706fa0a/t/5dc0680c41954d4ef41ec2b2/1572890638793/Indy+Autonomous+Challenge+Ruleset+-+v5NOV2019+%282%29.pdf" target="_blank">says</a> its main goal is to advance the industry, by challenging "students around the world to imagine, invent, and prove a new generation of automated vehicle (AV) software and inspire the next generation of STEM talent."
A new Harvard study finds that the language you use affects patient outcome.
- A study at Harvard's McLean Hospital claims that using the language of chemical imbalances worsens patient outcomes.
- Though psychiatry has largely abandoned DSM categories, professor Joseph E Davis writes that the field continues to strive for a "brain-based diagnostic system."
- Chemical explanations of mental health appear to benefit pharmaceutical companies far more than patients.
Challenging the Chemical Imbalance Theory of Mental Disorders: Robert Whitaker, Journalist<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="41699c8c2cb2aee9271a36646e0bee7d"><iframe type="lazy-iframe" data-runner-src="https://www.youtube.com/embed/-8BDC7i8Yyw?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p>This is a far cry from Howard Rusk's 1947 NY Times editorial calling for mental healt</p><p>h disorders to be treated similarly to physical disease (such as diabetes and cancer). This mindset—not attributable to Rusk alone; he was merely relaying the psychiatric currency of the time—has dominated the field for decades: mental anguish is a genetic and/or chemical-deficiency disorder that must be treated pharmacologically.</p><p>Even as psychiatry untethered from DSM categories, the field still used chemistry to validate its existence. Psychotherapy, arguably the most efficient means for managing much of our anxiety and depression, is time- and labor-intensive. Counseling requires an empathetic and wizened ear to guide the patient to do the work. Ingesting a pill to do that work for you is more seductive, and easier. As Davis writes, even though the industry abandoned the DSM, it continues to strive for a "brain-based diagnostic system." </p><p>That language has infiltrated public consciousness. The team at McLean surveyed 279 patients seeking acute treatment for depression. As they note, the causes of psychological distress have constantly shifted over the millennia: humoral imbalance in the ancient world; spiritual possession in medieval times; early childhood experiences around the time of Freud; maladaptive thought patterns dominant in the latter half of last century. While the team found that psychosocial explanations remain popular, biogenetic explanations (such as the chemical imbalance theory) are becoming more prominent. </p><p>Interestingly, the 80 people Davis interviewed for his book predominantly relied on biogenetic explanations. Instead of doctors diagnosing patients, as you might expect, they increasingly serve to confirm what patients come in suspecting. Patients arrive at medical offices confident in their self-diagnoses. They believe a pill is the best course of treatment, largely because they saw an advertisement or listened to a friend. Doctors too often oblige without further curiosity as to the reasons for their distress. </p>
Image: Illustration Forest / Shutterstock<p>While medicalizing mental health softens the stigma of depression—if a disorder is inheritable, it was never really your fault—it also disempowers the patient. The team at McLean writes,</p><p style="margin-left: 20px;">"More recent studies indicate that participants who are told that their depression is caused by a chemical imbalance or genetic abnormality expect to have depression for a longer period, report more depressive symptoms, and feel they have less control over their negative emotions."</p><p>Davis points out the language used by direct-to-consumer advertising prevalent in America. Doctors, media, and advertising agencies converge around common messages, such as everyday blues is a "real medical condition," everyone is susceptible to clinical depression, and drugs correct underlying somatic conditions that you never consciously control. He continues,</p><p style="margin-left: 20px;">"Your inner life and evaluative stance are of marginal, if any, relevance; counseling or psychotherapy aimed at self-insight would serve little purpose." </p><p>The McLean team discovered a similar phenomenon: patients expect little from psychotherapy and a lot from pills. When depression is treated as the result of an internal and immutable essence instead of environmental conditions, behavioral changes are not expected to make much difference. Chemistry rules the popular imagination.</p>