Author Archives: Stephen Littau

Quote of the Day: A Question for “Pro-Life” Death Penalty Advocates Edition

Matthew DesOrmeaux over at United Liberty poses a very important question to those in the “pro-life” community who support the death penalty. This question comes in response to a South Carolina judge vacating the conviction of George Stinney Jr. who was executed at the age of 14 in 1944.

Is the execution of an innocent person, even a child, enough to undermine faith in the criminal justice system as a whole, and capital punishment in particular? If one error is not convincing enough, is there some acceptable level of innocent life ended at the hands of the state (or their peers, if that makes you feel better) that would change your mind? Or is the (spurious) deterrent factor of the death penalty or faith in the process, regardless of further evidence, so strong as to make all wrongful convictions and executions irrelevant?

I’ve already seen one person respond in the comments section to the effect “Well that was during Jim Crow [1]; our criminal justice system is so much better now.”

Even as cynical as I am about the American criminal justice system, I believe it’s fair to say that there has been some improvements since 1944. I cannot imagine a 14 year-old being executed in 2014 (someone with the mental capacity of less than a 14 year-old…sadly yes but not an actual 14 year-old). DesOrmeaux’s overall point is relevant as the National Academy of Sciences found that currently 1 in 25 death row prisoners is innocent.

With the learning curve so steep for supporters of capital punishment, at this rate it will be 2074 by the time a Texas judge admits that Rick Perry allowed (likely innocent) Cameron Todd Willingham to be executed on his watch.

[1] For what it’s worth, George Stinney Jr. was black.

Torture and Denial

torture

If the tiny percentage of the torture documents that were released yesterday should give us a clue about anything, it should be the degree to which the federal government officials and politicians lie to cover their own asses. Those of us who called for the documents to be released were admonished that in releasing them, U.S. troops and diplomats will be put in greater danger. Of course if these “enhanced interrogation” techniques aren’t really “torture,” then it seems to me that those who are fearful of the release should have nothing to worry about (one can’t have it both ways). Why not prove to the world that everything going on at Gitmo and the various black sites are on the up-and-up?

Of course then there’s the argument: “The Bush administration/CIA/Senate did not know nor approve some of these techniques…”

Ah, the good old “plausible deniability” excuse. The people in charge can’t be held responsible because some underlings decided to go all Jack Bauer on the detainees.

no evil

Of course then there is the ass-coverer-in-chief President Obama responding to the report:

Today’s report by the Senate Select Committee on Intelligence details one element of our nation’s response to 9/11—the CIA’s detention and interrogation program, which I formally ended on one of my first days in office. The report documents a troubling program involving enhanced interrogation techniques on terrorism suspects in secret facilities outside the United States, and it reinforces my long-held view that these harsh methods were not only inconsistent with our values as nation, they did not serve our broader counterterrorism efforts or our national security interests […] That is why I will continue to use my authority as President to make sure we never resort to those methods again.

President Obama is trying to convince the world that torture is a thing of the past which occurred when George W. Bush was president. Obama, we are to believe, ended torture on one of his first days in office. We are supposed to forget that he was also supposed to close Guantanamo Bay and that he has a secret kill list which sometimes includes American citizens (killing people without any sort of due process with a drone is morally superior to torture, you see).

Beyond this, President Obama is also misleading the world about no longer torturing detainees at the now infamous island prison which he promised to close. As The Intercept reports:

Abu Wa’el Dhiab, a 43-year old Syrian national, was among the six Guantanamo Bay prisoners freed last week and transferred to Uruguay after spending 13 years in U.S. detention. He had been cleared for release since 2009, yet the husband and father of three found himself imprisoned several years longer in circumstances characterized by indefinite detention, humiliation and inhumane treatment.

In response to what they saw as their increasingly desperate conditions, Dhiab and many other Guantanamo detainees repeatedly sought to employ the only means of resistance left available to them: refusing food. “We have given up the very things which are important: food and drink,” Dhiab stated last year, describing his motivations and those of his other hunger-striking prisoners. “And we have done so to get answers to our questions: What is our guilt and what is our crime?”

I suppose President Obama can use weasel words about not using torture to interrogate detainees but clearly torture is being used for other such things as force-feeding. Skipping ahead a little, the article continues:

While military officials may be able to casually characterize the force-feeding of such prisoners as some kind of innocuous guard-detainee interaction, they are correct that many others in the United States and around the world would likely not have the same reaction to such footage.

So far, the actual videos remain classified. At the end of The Intercept article a video was posted to show what is difficult to convey in words. The video (below) is a re-creation of what this force-feeding looks like.

Does this look like torture to you?

No?

Suppose it was American soldiers subjected to this treatment as well as what was detailed in the torture report? Would you still consider these techniques as “enhanced” but not torture? Suppose it was your own son?

Even if you think that it is permissible to treat actual terrorists this way, we should all agree that keeping individuals who haven’t been charged (again, this includes American citizens) or who have been cleared of any wrong doing should not be treated this way and should be returned to their homes.

We the people have the right to know what is being done in our name. The rest of the world needs to know that not all of us approve of what is being done in our name.

This Advice Could Save Your Life and Preserve Your Liberty

garner

The fact that the police can get away with killing an individual who presented no threat to anyone with the whole incident caught on camera is quite disturbing. A grand jury decided not to indict a NYPD officer by the name of Daniel Pantaleo who used a choke-hold banned by his own department which resulted in the death of Eric Garner. Unlike the incident in Ferguson which contained conflicting testimony and forensics which support Darren Wilson’s version of the event, this event in New York was caught on video from at least two different camera angles (and available on YouTube for the whole world to see). This seems pretty cut and dry at least for an indictment.

So how is it that almost any accused individual brought before a grand jury is indicted unless the accused individual happens to wear a government issued costume? Are grand juries really that biased toward the police? After reading a few dozen comments on threads responding to the grand jury decision, I’m afraid the answer is yes (if you want to lose all hope for humanity, read the comment section to any article of consequence). I reach this conclusion because these are the sort of people who serve on juries and decide that it’s perfectly okay for the police to kill someone if the suspect had any criminal record of any kind, resisted in any way, or even “disrespected” the police on the scene.

The truth is that reforming the way police do things is going to take time as changing people’s attitudes is going to take time. There are things that we as individuals can do here and now so that we don’t become victims of the police, however. Many of these perfect, law abiding specimens of humanity who like to share their wisdom with the rest of us on the internet say that if Eric Garner hadn’t resisted (at all) he would never have been put in the choke hold that contributed or caused his death. On this point, I grudgingly have to agree.

I don’t say this because I believe the use of force against Garner was appropriate but because far too many people do (and juries are composed of people who aren’t always very reasonable).

One common thread in many of these viral videos where the police overreact is that the individual either resists (however mildly), makes a sudden move, or is perceived as being armed [1]. The worst thing you can do is give the cops a reason to use force and an excuse for jurors who will normally give the police the benefit of the doubt a reason to doubt.

So how does one increase one’s odds of surviving an encounter with an overzealous cop? Here are a few suggestions.

1. Before you end your session on the internet today, watch Flex Your Rights’ “10 Rules for Dealing With Police.” I have the entire series and a summary of the rules posted here. If you know how you can respectfully but firmly assert your constitutional rights before the next time you are confronted by the police, you will have advantages most people do not and you will reduce the chances that the encounter will escalate to violence.

2. Act as if the encounter is being recorded and your actions will be scrutinized in front of a judge, jury, and/or the general public. For better or worse, cameras have become ubiquitous, so the chances the encounter is being recorded increase everyday. Use this to your advantage. Better yet, if you have a camera phone, record the encounter yourself. Recording the police in public is legal almost everywhere in the U.S. Follow this link to be sure of the specific legalities of your state. Once you have the camera rolling, follow the aforementioned “10 rules” and be the kind of person a judge, jury, and the general public would be sympathetic toward. If you act like a jerk or are disrespectful in any way (regardless of how the cop acts) this could all backfire.

3. Don’t make any sudden moves and keep your hands visible at all times. If you are pulled over keep your hands on the steering wheel and turn on the dome light if its dark out. When the cop asks for your license and registration, say something like “My license is in my wallet” and very slowly reach for it and hand it over. Then say “My insurance card and registration is in the glove box” then slowly open the glove box and retrieve the documentation. Better yet, have the documentation ready before the cop comes to your window; its less movement and you know you will be asked to produce these items anyway. Had this man followed similar advice, he might not have been shot by a South Carolina State trooper.

4. Understand that you are NOT in control. If the police have decided to put cuffs on you and/or arrest you, do not physically resist, attack, or run. If you do, the results will not end in your favor. Whatever injustice has befallen you will not be settled until later. Also, keep your mouth shut and only speak of the event with your attorney.

Its my hope that these cases which have scandalized us all will lead to better understanding of how we can peacefully resist the growing police state. Its not my intention to blame the victims such as Eric Garner, John Crawford III, Kelly Thomas and countless others but to do my part in not creating new victims of overzealous cops afraid of their own shadows.

[1] Its become a pet peeve of mine seeing headlines that state that the police shoot an “unarmed” man. For one, unarmed does not mean harmless. Also, its probably safe to say that most of the time when the cops shoot an unarmed person, it was unclear if s/he was armed at the time. While we can and should scrutinize the police when they use force, we cannot expect them to have perfect knowledge in real time.

Police should wear body cameras to protect themselves when they’re accused of wrongdoing

camera

President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.

The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).

The following post was originally published on 8/18/2014 @ United Liberty

 

It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.

PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:

In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”

One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”

By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.

Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:

1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.

I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.

Wyllie continues with his other 2 points:

2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.

3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.

Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:

Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.

I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.

Another posted:

I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”

To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.

Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.

Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.

Quote of the Day: Grand Jury Decision Aftermath Edition

Scott Shackford over at Reason made an excellent point in the wake of the grand jury decision finding insufficient probable cause to indict Officer Darren Wilson in the killing of Michael Brown.

Based on the information [St. Louis Prosecuting Attorney Robert P.] McCulloch described tonight it may seem unlikely Wilson would have convicted, and perhaps that would have been the right decision by a criminal jury. That raises yet another question, though: Should we be upset at the amount of deference and effort made to find reasons not to indict Wilson in this case or should we be upset that the same doesn’t happen to the rest of us? Is the outrage that a grand jury didn’t indict Wilson or is the outrage that the grand jury indicts just about everybody else?

As far as I’m concerned, my outrage is that grand juries indicts just about everybody else. This jury heard the evidence with all the conflicting testimony and the rest of us have not. I cannot say whether this is a just outcome or not and neither can anyone else at this point. We will most likely never know for sure what happened that fateful day.

I imagine that at least a few of the protesters in Ferguson who have themselves (or know someone who has) been indicted with very little evidence then either strongly encouraged to take a plea deal or were convicted. It’s not to hard to see why some might feel that the criminal justice system works one way for the police and a different way for everyone else, regardless of the specific circumstances in this case (the specific circumstances in this case being all the grand jury should have been concerned about).

‘Selfie Stalker’ Sues Nancy Grace for Defamation

DISGRACE

Judge Dredd wannabe Nancy Grace is finding herself on the defensive as Ben Siebert, falsely dubbed the ‘Selfie Stalker,’ is filing a defamation lawsuit against Grace. Grace, never one to let the facts get in the way of a sensational story to boost her ratings, made no effort to correct her mistake.

The AP reports:

The lawsuit filed Monday in Denver says Grace, who hosts a show on Turner Broadcasting’s HLN network, incorrectly told millions of viewers that Ben Seibert invaded a woman’s home and snapped a photo of himself on her phone, which she described as a “textbook serial killer’s calling card.”

Seibert said Grace humiliated him with her commentary, which went viral on an array of social media sites where readers called him a weirdo, a sicko, a rapist and a pervert. The suit says Grace didn’t check the facts and didn’t care.

Wow, Grace didn’t check the facts and didn’t care? As far as I can tell, this is normal operating procedure for Nancy Grace. It goes something like this:

  1. Accuse an individual of wrongdoing

  2. Use emotional language and imagery

  3. Report only facts which seem to support her theory

  4. Launch into ad hominem attacks against anyone who suggest she is jumping to conclusions or that the accused is innocent until proven guilty

  5. If the facts turn out to be the opposite of what she just knows in her heart to be true, have someone else fill in for a night or two, then act as if the story never happened (under no circumstances apologize or correct the record)

  6. Wash, rinse, repeat

The article continues:

“It hasn’t been easy for him as a result of this,” Seibert’s attorney, John Pineau said.

Denver Metro Crime Stoppers released Seibert’s photo on Jan. 29, after a woman called police saying a man had entered her home while she was putting her children to bed. Police said she was especially fearful because she believed the man had taken a selfie with her phone inside of her home.

But further investigation showed the picture was Seibert’s Facebook photo that had been taken elsewhere. Seibert, who was working in California, called police Feb. 8 after friends told him his photo was being associated with the Denver home invasion. He was not charged.

The same month, police told Grace her broadcast was false, but she continued to air it, according to the lawsuit, which seeks more than $100,000 in damages.

Personally, I think $100k is too low. Nancy Grace needs to be taught a lesson. We all make mistakes. If she had taken steps to correct this error and learned to take a different, more ethical approach to her ‘journalism’ such a lawsuit would be unnecessary. The damage she has done to advance the lay person’s understanding of the criminal justice system, however; cannot easily be quantified.

Self-Ownership, Voluntaryism , and the Non-Aggression Principle as Explained in 2 Videos

In the course of an election year, its very easy to get caught up in the minutia of the various campaigns and election year issues. This is not to say that these issues are trivial; there were very many issues this election cycle which deserved the attention they received.

That said, I tend to think that immediately after an election is a perfect time for reflection. What is it we believe and why? What are our first principles and are we communicating these principles effectively?

I’ve read from various places that we are coming close to a “libertarian moment” or perhaps one is already underway. I do not know one way or the other to what extent this is true but I find that because outlets like Salon, Slate, and Alternet of the Left and a few anti-libertarian outlets on the Right are spending so much energy trying to convince their readers that such a moment isn’t happening quite encouraging. If libertarian ideas were not gaining at least some momentum these outlets would ignore us as in years past.

Of course these outlets do not make any effort to portray our ideas accurately. Its almost as if they go down the list of logical fallacies and hope their readers won’t do any independent research.

So what are the first principles of libertarianism then? This is a very big question, one which libertarians will often disagree. My view is that the first principles are self-ownership, voluntaryism, and the non-aggression principle (fellow TLP contributor Chris Byrne has a slightly different take worthy of consideration).

The videos embedded in this post do an excellent job illustrating these principles, especially for people who are not very familiar with them. The first video, which I have shared on various other occasions, is called “The Philosophy of Liberty.”

Pretty simple right? Share that video with your friends who get their information from Salon. They may still disagree and say that individuals should be looted taxed to promote social justice and egalitarianism but at least they will be exposed to these ideas.

This second video by Stefan Molyneux called “Voluntaryism: The Non-aggression Principle (NAP)” is slightly more advanced taking NAP to its idealistic conclusion (Molyneux is an outright anarchist and makes no bones about it on his podcasts).

Is this all Utopian pie in the sky? Perhaps. Humanity has a long way to go before we can begin to think about beating swords into plowshares. But this does not mean that we can’t each do our part to move in this direction. Upon closer examination, what it really boils down to is following the Golden Rule, only resorting to violence defensively and as a last resort. This principle remains true whether the issue is foreign policy, local policing, or your own home.

Denver Post Editorial Board Responds to Pot Halloween Candy Paranoia With Common Sense

Supposedly, Colorado parents have a ‘unique challenge’ this Halloween. You see, because enough Colorado voters were bamboozled into legalizing pot for recreational purposes in 2012 (in addition to the already legal for medicinal purposes), now parents have to worry about cannabis laced candy in their trick-or-treat bags. There have even been products made available to test questionable candy of the presence of THC.

The editorial board of The Denver Post’s response? Perhaps parents should be checking their little goblin’s candy anyway.

[T]his year should be no different for parents, who should always employ common sense on Halloween. Throw out any unwrapped candy and inspect all packaging before letting your kids gorge on treats.

If the package looks suspicious, tampered with, torn, unwrapped or in unfamiliar packaging, throw out the candy. That should be the same message every year.

Wow, how hard was that? The board also points out that these ‘edibles’ aren’t cheap. The example they use: a package of 10 pot laced gummy bears retails for about $27 before taxes. Who is really going to be that motivated to spend that much money to get strange children high? I suppose it only takes one to start a new wave of ‘Reefer Madness’ circa 2014*.

My bold prediction: there won’t be even one reported case of a child receiving pot laced candy in Colorado.

*Maybe a bit conspiratorial on my part but who would be more motivated to give children pot laced candy, those who are in favor of its legalization or those opposed?

Quote of the Day: #Ferguson Edition

Here’s a great observation for Lucy Steigerwald writing from Rare:

Whether the shooting of Brown by Wilson was justified or not, it’s important to remember that there were good reasons people distrusted the Ferguson police’s narrative of events.

Police did everything wrong after Brown was killed. They left his body in the street, they refused to answer questions or identify the officer. They used military tech to answer the protests that resulted. They repeatedly teargassed crowds, arresting peaceful protesters and members of the media.

Officer Darren Wilson shouldn’t be punished for the impression that people — especially minorities — have of the police. If he doesn’t deserve prosecution, he shouldn’t be prosecuted. Whether he deserves harsh, little, or no punishment is still up for debate.

Read the whole thing. The entire article is worth quoting but I thought I would just wet your beak.

Hey FCKH8, I Have a Few ‘F-Bombs’ of My Own!

If you thought modern progressive feminists couldn’t be any more childish, you haven’t seen FCKH8’s latest viral video entitled: “F-Bombs for Feminism: Potty-Mouthed Princesses Use Bad Word for Good Cause.”

In the video (below), girls aged six to thirteen repeat progressive feminist bromides and talking points along with some F-bombs (as advertised) in an attempt to get this message to go viral (mission accomplished). As expected, the response by many is to be offended by having these ‘princesses’ use such foul language for any reason.

Personally, I think the whole thing is awful. I don’t like it when children are used for any cause foisted on children by adults, regardless of how noble the cause might be. It even turns my stomach a little when I see politicians use their own children in their campaign ads. It’s even more tacky to hear children speak about such things they most likely have no clue about. My daughter is pretty intelligent and the same age as some of these girls but I’m fairly sure she doesn’t even think about the ‘equal pay’ or ‘rape culture.’ Why should she? She’s nine years-old for crying out loud!*

So here’s the full uncensored version. If this is too much for your ears to handle, go here for the censored version.

Now, wasn’t that just precious!

More important than the shock value of elementary shool girls cursing like sailors…are the things these girls saying true? For the most part, no, these are the same old progressive feminist myths repackaged yet again. I’ve already dealt with the ‘equal pay for equal work’ nonsense here and here. You can also read this article 5 Feminist Myths that Will Not Die. I’ll let Julie Borowski take care of the rest as only Julie Borowski can – dropping her own F-bombs (Fact bombs, I should say) without actually cursing.

I have a few other F-bombs about gender disparities progressive feminists almost never bring up (and I’ll do so without exploiting any elementary age children to make my points):

A young man is required by law to sign up for Selective Service by his 18th birthday. In the event Congress decides to reinstate the draft, men exclusively are conscripted to risk life or limb for ‘his country.’ Also, of those who have died in all the U.S. wars (declared and undeclared) since the American Revolution, 99.99% were men. When men’s rights activists say that society has long decided that men are the ‘disposable gender’ this is one example of what they are talking about.

When young girls are circumcised we call it ‘genital mutilation’ and we are rightly scandalized by this barbaric practice. When baby boys have their genitals mutilated, we call it circumcision because either the boy should ‘look like his father’ or because some women prefer their partner to be circumcised. So much for ‘my body, my choice.’ And imagine the outrage if even one man said that because he preferred the look of a woman’s vagina without a clitorous, baby girls should have it removed?

When it comes to parenting and divorce, mothers get custody of the children roughly 84% of the time.

Let’s call this the gender ‘crime/time’ gap. For Similar crimes under similar circumstances, on average women serve 18.51 months vs. 51.52 months for men.

Since 1976, 15 women (2.9% of the executions) have been executed even though women are responsible for 10% of murders. While I am unapologetically opposed to the death penalty, as long as this barbaric practice is part of the system, this punishment should be an equal opportunity punishment without regard to sex, race, religion, economic or political status, or creed.

At least 3 states (California, Tennessee, and Kansas) require men to pay child support to his statutory rapist.

I could go on but I think I have made my point. There is inequality between the genders and both have their challenges. Personally, I would like to look at the individual rather than who is on ‘team penis’ or ‘team vagina.’ But first, we need to elevate the debate above the elementary school playground.

*This isn’t to suggest she isn’t already very opinionated or doesn’t care about important issues. That’s right, my daughter already has an issue she cares deeply about. Her issue: the alarming decline of the ‘big cat’ populations. According to National Geographic, there are as few as 3,000 tigers, 7,500 snow leopards, 10,000 cheetahs, and 30,000 lions left in the wild. I had no idea about this until my daughter started writing out a script she wanted to read over the intercom at her elementary school to collect money to help ‘save the big cats.’ I suggested that she should ask for donations to the local big cat sanctuary for her birthday instead of presents. Would you believe she was actually thrilled with this idea and followed through? I couldn’t be more proud of her. If she wanted to make a viral video about saving the big cats, I might make an exception to my ‘no kids’ rule because this is an issue that she actually cares about.

Re-post: The Right to Life Also Implies a Right to Die

Brittany Maynard says ‘I don’t want to die.’ The 29 year-old is is not unique in her desire for self-preservation as most of us do not want to die. What does make her somewhat more unique is she has tragically been diagnosed with a stage 4 glioblastoma. To put this in laymen’s terms, she has terminal brain cancer which will end her life if nature is allowed to take its course.

Brittany, however; has other plans. She has moved from California to Oregon to take advantage of Oregon’s ‘right to die’ law. Her goal is to live until her husband’s birthday on November 1st. If she lives until November 2nd, Brittany says she wishes to die on her own terms on that day. “I may be alive on Nov. 2 or I may not, and that’s my choice,” Brittany explained.

Back in June of 2007, I wrote a post entitled: The Right to Live Also Implies a Right to Die. I wrote the post in response to Dr. Jack Kevorkian’s release from prison. While I appreciated the gravity of physician assisted suicide then, it was still a bit abstract. Since that time I have seen friends and family members waste away to terminal conditions and it is truly horrifying to witness. I cannot say for sure that any of these friends or family members would have opted to make the same choice as Brittany and others have made but they should have had the choice. The state should not stand in the way of end of life decisions by the person who owns his or her life.

The following is a re-post of the original article I wrote in 2007.

Dr. Jack Kevorkian has finally completed an eight year prison term. For what exactly? For helping a terminally ill and suffering man exercise his right to a have a dignified and peaceful death. I find it very irritating that the media has given Dr. Kevorkian the nickname ‘Dr. Death’ as if he were some kind of serial killer.

Dr. Kevorkian has done our society a great service by bringing this issue into the national debate. On what basis can society deny a person his or her right to die? If we truly believe that every individual has the inalienable rights of life, liberty, and property, then the individual cannot be denied this right on any of these measures.

The individual has the right to life but this does not mean that government can force an individual to live. The individual has the right not to exercise his or her rights. The individual has the right to keep and bear arms but the government cannot force an individual to own a gun. The individual has the right to his or her liberty (provided he or she does not infringe on the liberty of others) but he or she can willfully surrender his or her liberty to be subjugated to a cult or religion. The individual has a right to his or her property (which would include his or her body by the way) which means he or she can do with it whatever he or she wishes (again, provided he or she does not infringe on the life, liberty, or property of others).

Thomas A. Bowden has an excellent piece on this issue at Capitalism Magazine.

The Declaration of Independence proclaimed, for the first time in the history of nations, that each person exists as an end in himself. This basic truth–which finds political expression in the right to life, liberty, and the pursuit of happiness–means, in practical terms, that you need no one’s permission to live, and that no one may forcibly obstruct your efforts to achieve your own personal happiness.

[…]

For these reasons, each individual has the right to decide the hour of his death and to implement that solemn decision as best he can. The choice is his because the life is his. And if a doctor is willing (not forced) to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, the law should not stand in his way.

The fear by those who oppose the inherent right to die is that the government would eventually start killing those who are suffering regardless of the wishes of the individual. But upon closer inspection, recognizing an individual’s right to choose his or her manner of death is protecting the individual’s right to life. The individual does not live for the purpose of pleasing society or the religious sensibilities of others.

An Open Letter to Jeffco Student Protesters Concerning History Standards

Author’s Note: The following post was intended to be published on September 29th but due to technical difficulties here at The Liberty Papers, publication had to wait. I do believe, however; this is still an ongoing, present concern and the subject matter extends far beyond the Jefferson County School District in the Centennial State.

Dear Student Protesters of Jefferson County:

I must begin with a confession. When I first learned of your student walkouts concerning some proposed changes to the AP History curriculum, I was more than a little bit cynical. These walkouts, I thought, were little more than an excuse to skip class and be ‘part of something.’ I don’t doubt that some students joined the walkouts for that reason; there are always individuals who join a cause because it seems to be the popular thing to do (I should point out that there are many people my age and older who do the very same thing so this is not a criticism of young people per se). This open letter is not intended for these students but for those of you who honestly care about the proposed changes to the history curriculum.

As I started reading about these protests it didn’t take me long to realize that you have very good reason to protest: the aims of the Jeffco School Board for the history curriculum are at best contradictory and misguided. The following paragraph in the Board Committee for Curriculum Review must be the primary reason for your protests:

Review criteria shall include the following: instructional materials should present the most current factual information accurately and objectively. Theories should be distinguished from fact. Materials should promote citizenship, patriotism, essentials and benefits of the free enterprise system, respect for authority and respect for individual rights. Materials should not encourage or condone civil disorder, social strife or disregard of the law. Instructional materials should present positive aspects of the United States and its heritage. Content pertaining to political and social movements in history should present balanced and factual treatment of the positions.

The first three sentences and the last sentence, I am sure, you have no problem with. The materials should be presented “accurately and objectively.”  But if the first goal is objectivity, how can the materials also “promote” other ideas such as citizenship and patriotism at the same time? Promotion of ideas by definition means they intend to encourage students to accept certain ideas and reject others. Objectivity means presenting the material without promoting a certain world view (which is much easier said than done). » Read more

Jason Lewis Goes Galt; Quits Halfway Through Show on Air

Over the past week, talk show host Jason Lewis has been letting on that something big was going to happen on his show. July 31, 2014 he dubbed “Judgement Day.”

Being an avid listener of his, I thought it probably had something to do with his political activism site Galt.io* and probably something to do with his cause called “Starve the Beast.” Was he going to announce that he was going to move his show from the high tax progressive state of Minnesota to a more tax friendly/liberty friendly state?

As it turns out, I wasn’t too far off but he took his “starve the beast” thing a step further. You could say he had “gone Galt” on the air halfway through his radio show.

The following was his epic final monologue:

All over the continent of Europe there are castles. Castles that children are taught to admire. But these monuments are not shrines to liberty but are a stark reminder of an oppressive past that we are quickly forgetting. These elaborate fortresses were built to honor the riches of royalty. Such wealth was not derived from the cooperation of capitalism but from the conquest of collectivism. It was stolen through taxes and fees collected from the serfs. It was not earned.

We have apparently learned little from history for today we have our own royalty dressed up in the robes of compassion. A false altruism that merely enables the mob and crushes the individual. We have erected a shrine called the welfare state and as a result, we now resemble a nation with more takers than makers. Crony capitalists who preach the virtue of community service while acting like economic parasites who live off the system. Indeed the real entrepreneurs are no longer valued. Only the political ones who loathe them. Profit is a dirty word while one’s obligation to society regulates the most productive to second class status. We are it seems endlessly told to live for others. Endlessly told. Taxes are patriotic. We are told to apologise for our own existence. The pursuit of happiness has been replaced by the mandate of self sacrifice. This is not freedom, it is tyranny.

And so we, I, you are faced with a choice. The choice that all people in all times must make: to fund the beast or to starve the beast. To host the parasite or walk away. To participate in the system that punishes the value of your own existence or boycott that system.

Ladies and gentlemen, I have now chosen the latter. They can now feed off one another.

I quit.

 

Just after Lewis uttered the words “I quit” there was silence followed by his confused producer getting on the air “Um…Jason?” and then announcing that Jason had left the mic. They then went to commercial and found another talk host to fill the remaining hour and a half remaining in the show.

From there there was a flurry of calls and people going to this website and the Galt.io homepage. Was this some kind of stunt? Did Jason Lewis really quit halfway through his syndicated talk show?

Personally, I wasn’t sure. It does now seem that Jason Lewis indeed did quit and decided he was no longer willing to keep feeding the beast.

Okay, so a talk show host who would likely be retiring soon quit in dramatic fashion, what’s the big deal?

For me, it is a bummer. Jason Lewis was one of the few talk show hosts that didn’t tow the party line or spend three hours a day attacking Barack Obama for everything under the sun. Its true that he did attack Obama’s policies with gusto but he didn’t spare the Republicans either. He brought insights that no other syndicated show offers.

And maybe this going Galt is more symbolic than anything else. But what if his message resonates to other high achievers who could stop the motor of the world if they followed this example?

I for one hope this inspires such a revolution even if its on a smaller scale than what took place in Atlas Shrugged.

*I have a cause and a group that I started within Galt.io: The Non-Aggression Principle (educates people about the NAP) and my group called Restore Everyone’s Property And Individual Rights (REPAIR). Contact me via Twitter @s_littau if you would like to join Galt.io and these and other causes.

Recovered From the Memory Hole: Bush Admin. Agrees to Date for Withdrawal from Iraq

As the carnage escalates in Iraq, American partisans are pointing fingers and making assertions as to “who lost Iraq.” The neo-cons say that Obama lost Iraq because he pulled the troops out prematurely. Those who opposed the war from the beginning say Iraq is Bush’s mess (something this author mostly agrees with). While these debates are important, what are the facts?

It turns out that in 2014 we have a nifty tool called Google. One of the most helpful tools is the advanced search that allows someone to enter in a range of dates (it’s the closest thing we have to a time machine). I remembered that the Bush administration set a date for withdrawal from Iraq soon after Barack Obama was elected to be the next POTUS (despite what the neo-con revisionists are trying to say now) but I didn’t remember exactly when. I set the range between November 1, 2008 to December 31, 2008 and entered “Iraqi withdrawal of US troops” in the search box.

As it turns out, I was right: it was President Bush, not President Obama who came to an agreement with the Iraqi government concerning the date U.S. troops would leave Iraq. In this article I found with this search from The Washington Post dated November 18, 2008, the author goes into a fair amount of detail explaining the circumstances surrounding Bush’s decision to withdrawal all U.S. troops by the end of 2011. The bottom line is that the Iraqi government wanted the troops to either leave or be subject to Iraqi criminal laws. The Status of Forces Agreement (SOFA) that was in place at the time stated that U.S. troops would take care to respect Iraqi laws but the U.S. military would take care of any violations. This aspect of the SOFA was something that did not sit well with the new Iraqi regime and the Bush administration wasn’t about to allow U.S. troops to be put in Iraqi prisons.

While it is true that Obama could have come to a different agreement with the Iraqi government he didn’t. The troops were withdrawn on his watch and not a moment too soon.

We can debate whether or not the timing was right for U.S. troops to leave Iraq when they did but do not allow the neo-cons and Bush apologists to get away with laying the latest horrors in Iraq at the feet of Obama without acknowledging the fact that he was doing so pursuant to Bush’s policy.

Armed Customer Kills Armed Robber; Family of Robber May File Lawsuit

In January of 2012, two armed thugs entered a Waffle House in Chesnee, SC. One thing these thugs didn’t account for: the possibility that one or more of the customers might be carrying a concealed handgun. One customer by the name of Justin Harrison saw his opening to act and fired several shots at one of the thugs Dante Williams, DRT.* The other thug, unfortunately, escaped with his life (he’s now the taxpayers’ problem for the next 30 years).  

Tamika McSwain, cousin of Dante Williams, is upset that Harrison “took the law into his own hands”** and that charges were not filed against Harrison for doing so. Due to this perceived miscarriage of justice, McSwain says the family might file a lawsuit. McSwain also contends that more training should be required before someone earns their CWP. Harrison’s CWP instructor David Blanton, however; disagrees.

“Not only was he defending his own life, which the law says he can do [***] but there were other people in the restaurant,” Blanton said.

Harrison, in defending his own actions said “They got the gun, he [Williams] picked it up. He could have said no.”

And that’s the bottom damn line, Tamika: your dirt bag cousin could have said no. Your cousin made a very bad choice and he paid with his life.

Let me further say, I really don’t give a rat’s ass how “sharp” or “goofy” or how much he “loved to dance” or that you think he was “a respectable boy.” On that night at least, he was a thug. A thug who deserved to die. People like your thug cousin are the reason why we need to have the right to carry weapons in public places. I wish people like your cousin didn’t exist at all. In a world without people like your cousin, we could beat all the guns in the world into plow shears. But as long as we do have people in this world like your cousin, we will need guns and people willing to use them to defend the rest of us.

*Dead Right There

**This phrase drives me crazy. The law is always “in our own hands” particularly in a threatening situation like this one.

***Isn’t that so nice of the law to allow individuals to protect their own lives!

One Out of 25 Prisoners on Death Row is Innocent

Benjamin Franklin once argued: “It is better 100 guilty persons should escape than that one innocent person should suffer.” The purpose of courts as drafted in the Constitution was to minimize the occurrences innocent people from “suffering” via an adversarial system in which the accused is considered innocent until proven guilty to a jury of his or her peers.

Regardless of these lofty goals, the question must be asked: how well has this system worked?

If the standard is that of Franklin’s (i.e. less than 1%), then the idea that a rate of 1 in 25 death row convicts are likely innocent is clearly unacceptable. According to a study by the National Academy of Sciences, to the best the researchers were able to determine, this about what the rate is.

Pete Yost for the Associated Press reports:

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.
[…]
Because of various assumptions, it might be best to use the margin of error in the study and say the innocence rate is probably between 2.8 percent and 5.2 percent, said University of South Carolina statistics professor John Grego, who wasn’t part of the study.
[…]
“The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution,” says the study. “But most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply.” The study estimates that if all defendants sentenced to death remained in that status, “at least 4.1 percent would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”

I have to say that, even as a fierce opponent of the death penalty, I would have never guessed the number of innocent individuals on death row to be this high. I was horrified by the notion that 1 in 100 or even 1 in 1,000 such individuals could be killed by the state, but 1 in 25?

This brings me to my question for those who support state sanctioned killing: is this an acceptable error rate to you? How many innocent people are we willing to sacrifice in order to kill the most heinous of individuals? Based on this study, the current policy is that we are apparently at peace with the idea of killing 4 innocent people to kill 96 guilty.

This is a price that a free and just country should be unwilling to pay.

Jewish Registration: Truth or Anti-Russian Propaganda?

It seems that the world is yet another step closer to World War III as reports have circulated the globe that Eastern Ukrainians loyal to Russia are now requiring Jews to register and pay a special tax. Even Secretary of State John Kerry has made pronouncements condemning these actions.

But what if this registration story isn’t true but merely anti-Russian propaganda?

According to The Times of Israel, the pro-Russian separatists are denying any such attempts to force Jews to register or pay a special tax:

Pro-Russian separatists from Donetsk in eastern Ukraine denied any involvement in the circulation of flyers calling on Jews to register with separatists and pay special taxes.

The flyers were official-looking documents that carried what was presented as Pushilin’s signature, but the news site tvrain.ru on Wednesday quoted Pushilin as denying any connection to the flyers, calling them a provocation.

[…]

On Tuesday, the news website novosti.dn.ua reported that the flyers were handed out that day by three unidentified men in balaclava masks carrying a flag of the Russian Federation.

According to the report, the men distributed the flyers next to a local synagogue. The website quoted unnamed sources from the local Jewish community as saying that the flyers were an attempt to provoke a conflict and blame the attack on the separatists.

Is this really what is going on, some sort of false flag operation on the part of those opposed to Russia so that the U.S. and others will take a harder line?

I think it’s very possible and even plausible. In war, propaganda is an important weapon and practically all governments and revolutionaries use it (you know, to win “hearts and minds” and discourage the enemy). The truth is that I don’t feel like I can trust anything news related coming out of that part of the world. Even though Putin is not necessarily a great person, and even though the Russian government is corrupt, does not necessarily mean that every piece of news that makes Russia or the Russian separatists look bad is true.

Hat Tip: Antiwar.com

Galt.io set for April 15th “Soft” Launch

Jason Lewis et al have just announced that the first phase of Galt.io will be launched on April 15th (for those who are unfamiliar with Galt.io, here is some background).

Galt.io will be soft launched April 15. Soft launch means we will be rolling out the system to select members and groups to test functionality, fix bugs and optimize performance. Once everything is working smoothly we will end crowdfunding and migrate user accounts from the crowdfunding site to the live network. At that point the network will be members-only – meaning Founding Members and Groups will be able to sign in but new members will need an invitation to join.

Rather than watch to see this develop from the sidelines, I decided awhile back to become a founding member at the minimum $25 level. This experiment is one in which I want to report my personal Galt.io experiences, whether good or bad, at this blog periodically. I do think Galt.io offers some potential to move our school districts, cities, counties, states, and nation in a more libertarian direction.

As the press release mentions, the crowd funding phase will be over soon after the initial launch but don’t worry: if you fail to get in before the window closes, I may invite you in (I might ask for a couple of additional Galt Coins though).

Facts Are Stubborn Things, Mr. Reid

Every individual who has told the press that they have had a bad experience with ObamaCare is either lying or are too stupid to know how to use the Internet. This is the latest line by Senate Majority Leader Harry Reid (D-NV), anyway. Perhaps it’s these kinds of accusations that gave one Colorado woman the presence of mind to record her phone call with the “Connect for Health Colorado” navigator due to her own problems with the website.

Rebecca Ryan of Fort Collins has a preexisting condition but until recently, she was covered by a different government healthcare plan called “Cover Colorado.” The reason for changing her plan? As it turns Cover Colorado did not meet the requirements of ObamaCare and some 14,000 plans were canceled as a result. Rebecca liked her healthcare plan but wasn’t able to keep it. Sen. Reid wants Americans to believe Rebecca is lying about this “horror story” but this is only the beginning of Rebecca’s experience so far with ObamaCare.

As it turned out, Rebecca could save $15 a month with the new plan with one little caveat: she would lose her doctor whom she has received care from for the last 9 years. If, however; Rebecca wants to keep seeing this doctor she can do so if she is willing to pay an additional $140 a month:

Rebecca: So, the lowest monthly premium is, um, way higher than I was paying before and I thought this was supposed to be lower.

Rep: Now this could be way higher if it’s a doctor, if you have a doctor that’s (??) in there. So, often, if you have a doctor that you work with, you can be picking plans that are higher, if that doctor is a more specialized doctor.

Rebecca: She’s just a general family doctor. She’s not specialized.

A few minutes later, Rebecca was looking for dental coverage but was having some trouble with the website. The navigator explained that she needed to remove the filters Rebecca had in place for her doctor (stupid citizen!):

Rebecca: Do I have to go through the whole filter thing again?

Rep: Is your doctor listed when you hit ‘Find a Dental Plan’?

Rebecca: I don’t know why she would be. She’s not a dentist.

Rep: But she was put in as a provider? (pause)

Rebecca: Ok, my hospital was listed too, so I removed them both [as search filters]. However, what if I want to keep her? I’ve been with her a long time, and I don’t want a different doctor.

Rep: If you want to keep her then you’re looking to pay the 515 dollars a month.

Rebecca: So they’re going to penalize me because I want to keep my doctor?

Rep: Yes.

There you have it Mr. Reid. One individual whose experience is that 1. she lost the healthcare plan she liked, 2. can keep her doctor if she wants to pay a higher price, and 3. had some difficulty with the website (I’ll leave it to the readers and you to decide if its the fault of Rebecca or the website).

And lest you believe, Mr. Reid; that Rebecca, the original reporter on this story, or I have taken this call out of context, please feel free to listen to the entire 24 minute conversation in the player below.

You see Mr. Reid, no amount of smearing of the groups which oppose ObamaCare, no amount of calling people liars, and no amount of repeating “billionaire Koch brothers” can change the objective fact that some people are now worse off than before ObamaCare. Perhaps many others will also record these phone calls to expose your lies. I’m quite confident that Rebecca Ryan of Fort Collins, Colorado is but one person being hurt by this boondoggle.

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