Despite some valiant efforts of a handful of senators, the National Defense Authorization Act for FY 2012 passed by an astonishing 93-7 vote. Earlier today, Sen. Dianne Feinstein offered yet another amendment to the bill that would have limited the military’s jurisdiction to detain suspects captured outside the U.S.; the amendment failed by a narrower 55-45 margin.
In the first video below, Mark Kirk (R-IL) in his floor speech explains how Sections 1031 and 1032 violate the principles of the Bill of Rights by reading the applicable amendments. Sen. Kirk makes some geography based distinctions in determining whether U.S. citizens have due process rights (which I disagree with; geography should not matter) but otherwise does a great job of explaining to his fellow senators why keeping these sections in the bill is a terrible mistake.
Though he voted against the offending sections of the bill, Sen. Kirk ultimately voted with the majority in supporting the overall legislation.
Sen. Rand Paul (R-KY) on the other hand supported neither. Paul’s floor speech is equally compelling and perhaps even more chilling than that of Kirk’s. Could you find yourself an innocent victim of this bill? Do you have any missing fingers? Do you have more than a seven day supply of food? How many firearms do you own and if so what kind of ammunition do you use? Depending on your answers to these questions, it’s possible that you could find yourself detained, perhaps at Guantanamo Bay or elsewhere, indefinitely with very little legal recourse according to Sen. Paul.
During his debate with Sen. McCain, Nolan warned voters of what he called a “dangerous, evil, un-American” bill which McCain co-sponsored called S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” This bill would authorize indefinite detention of American citizens without trial. Nolan was so outraged by this bill he said that this was one reason he decided to run against Sen. McCain.
Sen. McCain brushed off Nolan’s comments saying that Nolan “may be a little bit biased.”
Fast forward just over a year later, Sen. McCain has sponsored another piece of legislation hidden in the National Defense Authorization Act for FY 2012 that is very similar. One of the more concerning aspects of the bill is Section 1031:
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following: (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction. (4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons’ for purposes of subsection (b)(2).
The next section, Section 1032 adds some confusing language as to whether American citizens can truly be held indefinitely:
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
Christopher Anders, senior legislative counsel of the ACLU points out that the language contained in Section 1032 only applies to Section 1032. To put it another way, according to Section 1031 U.S. citizens can be detained indefinitely and even sent to another country without the normal civil liberties protections guaranteed in the Fifth, Sixth, and possibly Eighth Amendments.
Sen. Mark Udall (D-CO) introduced Amendment No. 1107 to the bill that would have mitigated much of the civil liberties concerns found in 1031 but it was soundly defeated by a 61-37 vote. Only two Republicans, Mark Kirk of Illinois and Rand Paul of Kentucky voted in favor of the Udall amendment.
Now the vote for the National Defense Authorization Act for FY 2012 is set for today, December 1, 2011. There isn’t much time left to stop this horribly unconstitutional bill from being passed.
This being said, President Obama has threatened to veto the bill if these sections are still in place when it hits his desk. I’m not quite sure how the president can say on one hand he can send drones to kill American citizens while on the other say he opposes indefinite detention of American citizens but a veto would be the correct response regardless.
President Obama might well veto this bill but I have no confidence that any of the Republican challengers would veto similar legislation in the future save Gary Johnson (who is sadly very much a long shot at this point), Ron Paul, or perhaps Jon Huntsman.
We can now see that David Nolan’s concerns he expressed in the 2010 debate were well founded after all.
For those of us who value our liberties, there were a plethora of things said in last night’s debate from candidates not named Ron Paul to be very distressed about. For starters, there was the debate about the USA PATRIOT Act and whether it should be renewed, strengthened, or abolished. Unsurprisingly, Paul explained how civil liberties have eroded due to the act and lamented how willing the other candidates were to surrender even more liberty in the name of security. Paul held up Timothy McVeigh as an example of a terrorist who was tried in the traditional criminal justice system and ultimately convicted. In response, Newt Gingrich said “Timothy McVeigh succeeded.” (How he would have stopped the OKC bombings is anyone’s guess but I can’t imagine it would have been inside the framework of the Bill of Rights.) Paul’s response was spot on.
Then Rick Santorum advocated the notion of racial, religious, and ethnic profiling. Paul once again brought up Timothy McVeigh as an example of someone who would not have fit Santorum’s profile and pointed out some of the “careless use of words” being used by the other candidates (i.e. “we are at war,” naming individuals “terrorists” without due process etc.) is further compromising our liberty.
Other topics included Iran’s nuclear ambitions, the foregone conclusion that the U.S. should intervene anywhere and everywhere there is a regime our government doesn’t like, the assumption that not a single penny should be cut from the “national defense” budget, and the drug war violence in Mexico (I really wish someone would have brought up Fast and Furious).
Overall, the debate was very unsettling but Ron Paul once again was the voice of reason and responded well to his challengers.
Isn’t it interesting that “1%er” Ron Paul has won several straw polls and has even cracked the top 3 or 4 at various points during the campaign and is almost always polling in the double digits? Ron Paul is hardly a 1%er despite efforts on the part of the sponsors to limit his exposure (in the most recent debate, Paul had a whopping 89 seconds to make his case on national television).
Then there’s Herman Cain the other “marginal” candidate who until the most recent couple of weeks following accusations (whether legitimate or not) of sexual harassment along with some other missteps on foreign policy was neck and neck with the establishment favorite Mitt Romney. Cain may have fallen from grace but he isn’t a 1%er without a prayer of winning neither.
The only one of the three who is truly a 1%er unfortunately is Gov. Gary Johnson. Of the three Johnson is the only one who has been successfully excluded from all but two of the nationally televised debates. Up to this point, the Johnson campaign has encouraged supporters to write and call the debate sponsors to encourage them to reconsider but to no avail. In true libertarian freedom of association fashion, Johnson, though disappointed with his exclusion, respected the right of the debate sponsors to exclude him.
Now it seems the Johnson campaign has had enough with The Gary Johnson Rule and it’s no more Mr. Nice Guy. The Johnson campaign has now filed complaints with the Federal Election Commission (FEC) and the Federal Communications Commission (FCC) in response to Johnson’s most recent exclusion from the South Carolina CBS debate.
On Saturday, November 12, 2011 Respondent CBS televised on its national network another debate, but instead of including all leading candidates has elected to arbitrarily and capriciously exclude some candidates and include others. In so doing, CBS is, without any other explanation, choosing to support certain candidates. By excluding viable candidates like Complainant, who has been included by cable networks in their debates CBS is directly and significantly supporting those candidates it favors, and advocating the nomination of one of their favorites and opposing the nomination of Complainant, whom CBS evidently disfavors. In so doing, CBS is making an illegal corporate in-kind contribution to those favored candidates. The value of this contribution vastly exceeds the contribution limit that applies to any category of lawful donor.
2 U.S.C. §431 (8) (A) (i) defines a “contribution” as “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.” No rational person could possibly argue that exposure during an hour-long debate televised in prime time on the CBS network is NOT something of value. Indeed, CBS sells advertising spots during prime time for huge sums, and makes and reaps significant revenues in doing so. By any standard, this airtime is a thing of value within the ambit of that phrase in this statute. If all viable candidates were being included in the debate that might lead to a different conclusion, but by excluding candidates CBS disfavors –opposes—and including those it favors –supports—Respondent is violating the Act.
I believe the Johnson campaign has a very valid point in this complaint to the FEC. Whether we like the campaign finance laws or not, Johnson is bound by them and must abide by them; it only seems fair that CBS must be legally obligated to follow them as well.
Gov. Johnson’s complaint to the FCC, however; is much more bothersome IMHO.
Here are some excerpts (from the same link as above) from the FCC complaint [Much of the language in the FCC complaint is identical to that of the FEC so I’ve omitted those parts]:
The Federal Communications Commission has the authority to regulate fair access to the airwaves of broadcast by network television networks.
The public owns the airways over which CBS broadcasts, and the public deserves to be free from bias- favoring some candidates over others- as well as illegal support of certain presidential candidates on national network television. Unfair access to the airwaves of broadcast by network television is clearly an issue within the FCC’s mandate. The illegal corporate contribution CBS is making in including some candidates and not others is addressed in a separate formal complaint to the Federal Elections Commission. The FCC should take appropriate action against CBS.
The public owns the airwaves? Yes, I understand that this is the accepted conventional wisdom but this is not something I would have expected from perhaps** the most libertarian leaning candidate to ever seek the nomination for the Republican Party!
I fully and completely understand the frustration because as a Gary Johnson supporter, I too am frustrated with how the Johnson campaign has been treated by the establishment. I take it damn personally that the candidate who best advocates and represents my views has been excluded from these debates while big government, freedom hating, torture supporting, war mongering fools like Rick Perry and Rick Santorum make idiotic assertion after idiotic assertion on national television often unchallenged . I often wonder if Johnson might have had similar success as Ron Paul or Herman Cain had his (and by extension, my) voice been heard in these debates.
We will probably never know.
But to write the FCC and make the argument that Gov. Johnson has some sort of right to participate in the debate because the public “owns” the airwaves just makes me cringe. This comes far too close to the so-called “Fairness Doctrine” for my comfort. The public doesn’t own the airwaves, the broadcasters do. CBS buys the licenses and is supported by advertisers – not the public.
If the debate was sponsored and aired on PBS and/or NPR the Johnson campaign would have a legitimate point because those stations are supported by the public (i.e. taxpayers and viewers like you) but this is not what we are talking about here.
Maybe the Johnson campaign believes the ends justify the means but I would rather Gary Johnson lose following his small government principles than win by compromising them.
Just when I was starting to give Herman Cain another look, he lies to Rep. Paul’s face in last night’s debate concerning comments he made concerning the need to audit the Federal Reserve.
Yeah, there goes crazy Uncle Ron again with these crazy misquotes he picked up off the internet!
I’m not sure if the crowd was laughing at Cain or Paul at this point but it wasn’t that difficult to find audio of his “misquotes” on YouTube from when he was guest hosting The Neal Boortz Show.
But this wasn’t the first time Cain has been busted on a flip-flop followed by an accusation that he was misquoted or received “misinformation”. The next example: Cain changes his mind as to whether the president can target an American citizen for assassination without due process.
I never said that [President Obama] should not have ordered [the killing]. I don’t recall saying that. I think you’ve got some misinformation. Keep in mind that there are a lot of people out there trying to make me sound as if I am indecisive.
I don’t know all of the compelling evidence that the intelligence agencies and the military had. I’m convinced — I’m convinced that they have enough intelligence information that said he’s a threat to the United States of America. You don’t try to prosecute or capture him simply because he’s a United States citizen.
What will he say when he is confronted with these audio and video clips? Would he have us believe that these were imposters?
If Cain would have said on either of these issues “You know, I after thinking about it a little more, I was wrong…” I might be able to respect that. But to accuse people who challenge him of misquoting him when it’s so easy to prove otherwise is disturbing to say the least.
Glenn Greenwald writes in response to the overall positive reaction of the drone assassination of American born Anwar al-Awlaki:
What’s most amazing is that its citizens will not merely refrain from objecting, but will stand and cheer the U.S. Government’s new power to assassinate their fellow citizens, far from any battlefield, literally without a shred of due process from the U.S. Government. Many will celebrate the strong, decisive, Tough President’s ability to eradicate the life of Anwar al-Awlaki — including many who just so righteously condemned those Republican audience members as so terribly barbaric and crass for cheering Governor Perry’s execution of scores of serial murderers and rapists — criminals who were at least given a trial and appeals and the other trappings of due process before being killed.
From an authoritarian perspective, that’s the genius of America’s political culture. It not only finds way to obliterate the most basic individual liberties designed to safeguard citizens from consummate abuses of power (such as extinguishing the lives of citizens without due process). It actually gets its citizens to stand up and clap and even celebrate the destruction of those safeguards.
Sadly, among those that cheered this assassination of an American citizen are none other than pro war on terror libertarians Neal Boortz and Larry Elder. When Boortz heard that Ron Paul and Gary Johnson condemned the assassination, he called that notion “a bunch of horse squeeze.” After playing Ron Paul’s very well reasoned response explaining his objections, Larry Elder said that Paul “doesn’t get it” and “we are at war.”
I’m sorry gentlemen, I wasn’t aware that there was a “war on terror” exception to due process. But hey you guys are both attorneys who claim to hold the Constitution in high regard so what the hell do I know?
If there is anything our government does well its convicting people, putting them in prison, and/or executing them. If the government really had the goods on this guy, there’s virtually no chance he would have been found not guilty.
President Obama not only ordered the assassination of Anwar al-Awlaki but the Fifth Amendment as well.
Federal law already makes it illegal for someone to possess a gun if he or she is “an unlawful user of, or addicted to” marijuana or other controlled substances. A Sept. 21 letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives, issued in response to numerous inquiries from gun dealers, clarifies that medical marijuana patients are included in that definition.
“There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law,” said the letter by Arthur Herbert, the ATF’s assistant director for enforcement programs and services.
Federal firearm licensees, or FFLs, can’t sell a gun to someone who answers “yes” when a required form asks whether the buyer is a controlled substance user. Last week’s letter also says that licensed dealers can’t sell a gun or ammunition if they have “reasonable cause to believe” the buyer is using a controlled substance.
That includes if the buyer presents a medical marijuana card as identification, or if the buyer talks about drug use, having a medical marijuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.
Pro-marijuana and gun groups said the policy clarification amounts to rescinding the gun rights for the thousands of people licensed to use medical marijuana laws. And it appears to contradict a 2009 Department of Justice memo that said the Obama administration would not pursue prosecution of individual medical marijuana users who obey state laws.
Wade said both the 2009 memo and last week’s letter were approved by the Justice Department and he does not believe there is a contradiction in the two messages. He also that the dealers are in a good position to help prevent firearms from getting into the wrong hands.
Funny that the ATF’s spokesman would say he was worried about firearms “getting into the wrong hands.” Does the operation that is currently under investigation code named “Fast and Furious” ring a bell? The very operation where the ATF purposely allowed some 450 or so guns to “walk” across the Mexican border eventually arming the drug cartels? If this isn’t a scandal that calls out for a special prosecutor to investigate the Obama administration, I don’t know what does!
But for the very same ATF to then issue a letter saying that medical marijuana users have to choose between their Second Amendment rights and their medical treatment is beyond the pale.
The 2012 G.O.P. candidates each gave speeches at CPAC following the debates. Below are the speeches from Gary Johnson and Ron Paul. The first video is Johnson’s presentation before perhaps the largest audience he has had in awhile. Johnson spends a good part of his presentation introducing himself before giving an overview of his proposals. In the second video, Dr. Paul who is no stranger to CPAC, gets right into his prescriptions for fixing the economy and restoring lost liberty.
I can’t help but think of another piece of legislation that had to be passed “immediately” and “without delay” nearly ten years ago in the aftermath of the terrorist attacks of 9/11. The piece of legislation I am referring to of course was the USA PATRIOT Act. I mean what’s not to like? The bill has the words “USA” and “PATRIOT” in them and would make our country safer because the law would give law enforcement the tools needed to fight terrorism.
One of the tools the PATRIOT Act (Sec 213), a.k.a. “sneak and peek” provided law enforcement the ability to delay notification of search warrants of someone suspected of a “criminal offense.” Between 2006 and 2009, this provision must have been used many hundreds or thousands of times against suspected terrorists, right? Try 15 times. This same provision was used 122 in fraud cases and 1,618 times in drug related cases.
Is this what supporters of the PATRIOT Act had in mind when most of them didn’t even read the bill?
So we’ve been down this road before – pass a bill with a name that no one would be comfortable voting against. To vote against the PATRIOT Act might suggest to voters that you are somehow unpatriotic as voting against Obama’s jobs bill will undoubtedly be used in campaign ads to say opponents are “obstructionists” or are not willing to “put politics aside” in order to “put Americans back to work.” And don’t even get me started on all the bad laws that have been passed using names of dead children.
But who is really playing political games here? I think the answer quite clearly is President Obama in this case. He knows damn well that if the economy is still in the shape it is come Election Day he has very little chance of winning a second term unless he can find some way to successfully pin the blame his political opponents. He knows that raising taxes is a nonstarter for Republicans – particularly Tea Party Republicans. There may be some good things in his bill that should be passed (the Devil is in the details of course) that Republicans can support but if it’s all or nothing, the answer will be nothing.
President Obama is counting on the nothing so he can say it’s the House Republicans’ fault that the economy hasn’t recovered. This class warfare rhetoric plays very well on college campuses and union rallies. The worst thing that could happen from Obama’s perspective is if the Republicans call his bluff, pass the bill, and the bill fails to provide the results he claims his bill will achieve (though as a political calculation, it may be a wash as Tea Party voters in-particular would not be pleased either).
The worst thing the congress could do for this economy would be to pass this bill as hastily as the PATRIOT Act was a decade ago. The best thing congress could do is for its members to actually read the bill and have a rational discussion* and debate it line by line. Whether Obama’s intentions are for good or ill, there will be seen and unforeseen consequences if the bill does pass. A top down approach (as I think this bill is) is rarely if ever a good recipe for an economy. No one is smart enough to plan the economy, not even the brain trust of the Obama administration (this should be obvious by now).
Just because the president says his bill will create jobs doesn’t make it so. » Read more
For the first time ever, reason.tv is cheering their “Nanny of the Month.”
That’s right, starting September 1 , more than 500 Michigan restaurant and bar owners will begin turning state lawmakers away from their establishments. State Senator So-and-so wants a brew? Too bad. Politicians won’t be served until they revisit the state’s 2010 smoking ban, which, owners say, has devastated business, and left bars like Sporty O’Tooles on the verge of collapse.
Okay, “nanny” is a bit of a misnomer in this case as these bar owners are reserving their freedom of/from association rights in their own establishments but good for them for standing up to these busybodies in the legislature. These are the kinds of bans I would love to see more of.
Whether you consider yourself more of a conservative or a progressive (as defined below), have you ever stopped to think about what our culture would be like today if your side had ever “won” the culture war? Would this truly be a culture you would like to be part of?
Before I go any further, for the purpose of clarification I think it’s important to define some key terms namely “conservative” and “progressive” as I’m not using these terms necessarily in the political context that readers here and elsewhere are most familiar with (though in the political context, I find both these terms to be often quite ambiguous).
According to the World English Dictionary, the most appropriate definition for the purpose of this post for conservative is “favouring the preservation of established customs, values, etc, and opposing innovation.” The same dictionary’s definition for progressive is “favouring or promoting political or social reform through government action, or even revolution, to improve the lot of the majority: a progressive policy” (this definition is a little more off the mark IMO; progressives don’t necessarily have to use government via the political process to change the culture).
In thinking of my original question with these definitions in mind, I also find it instructive to learn about other cultures. Believe it or not, my inspiration for this post and raising this question came from watching a documentary series on TLC called “My Big Fat Gypsy Wedding.” My wife introduced me to the series just the other day. Because I knew next to nothing about Gypsies and being the curious person I am, I decided to watch several episodes with her that we had recorded on the DVR. This documentary series follows several British/Irish Gypsy families and interview the few trusted outsiders (the bridal dress makers in-particular) to give viewers a small glimpse into their culture.
What did I learn about English Gypsy culture? I learned that they are a very closed community; very resistant to allowing outsiders in. Girls are married off at a very young age in very extravagant weddings, many are engaged by the time they are fourteen (girls who marry at 20+ are considered old). Wedding receptions are especially important events for both single Gypsy boys and girls as this is where many find their mates. Teen and even preteen girls are scantily clad and dance provocatively (almost like stripper moves) to attract the boys who are encouraged to “grab” one of the girls for a kiss (i.e. often against her will). At first glance, watching the reception Gypsy culture seems quite hedonistic. But then I learned that Gypsies are actually quite strict on the question of sex. Cohabitation and/or premarital sex is an absolute taboo as to engage in either would bring shame to their families. Divorce is also a big no no and marrying non-Gypsies is rare and frowned upon (to put it mildly). Gypsy girls are usually taken out of school at a very young age to help care for younger siblings and therefore illiterate. Most have no dream of having a career or even a menial job outside the home as they are expected to be good housewives for their families (the woman’s place is in the home which is usually a camper trailer). According to the show, there is no notion of equality between men and women in Gypsy culture. These aspects of Gypsy culture isn’t likely to change anytime soon as many Gypsies fear that any change would further threaten their culture already in decline (according to the show, there are some 300,000 Gypsies in the UK).
In watching this, I couldn’t help but think of our own culture and then culture more generally. There’s nothing all that unique about gender roles in Gypsy culture, even as appalling as we might find them. This sort of male dominance is common throughout world history and has crossed nearly all cultures at one time or another. It wasn’t all that long ago when this was how our culture treated women. I doubt that all that many American conservatives would want to return to that time. Progressives challenged the notion that women should be second class citizens and I would argue that our culture has benefitted. Yet at the time, conservatives must have thought such change would doom our culture. » Read more
Just last week, a “pro-family” group that calls itself “The Family Leader” laid out a 14 point “Marriage Vow” pledge for G.O.P. presidential primary candidates to sign as a condition of being considered for an endorsement from the organization. Among the more troubling points of this pledge, at least for those of us who care about limited government and individual liberty: vow support for the Defense of Marriage Act and oppose any redefinition of marriage, “steadfast embrace” of a Marriage Amendment to the U.S. Constitution that would “protect” the definition of marriage in all states as “one man and one woman” and “Humane protection of women” from “all forms” of pornography. Another point of the pledge reads “Rejection of Sharia Islam and all other anti-woman, anti-human rights forms of totalitarian control” which I find quite ironic in that many of the 14 bullet points would be almost perfectly in sync with Sharia Islamic law.
In the introduction to the pledge, there was language that suggested that black families were better off during slavery and more likely to be families that included both a mother and a father than “after the election of the USA’s first African-American president.” This language was later struck from the document that included the pledge.
Government should not be involved in the bedrooms of consenting adults. I have always been a strong advocate of liberty and freedom from unnecessary government intervention into our lives. The freedoms that our forefathers fought for in this country are sacred and must be preserved. The Republican Party cannot be sidetracked into discussing these morally judgmental issues — such a discussion is simply wrongheaded. We need to maintain our position as the party of efficient government management and the watchdogs of the “public’s pocket book”.
This is exactly what this so-called marriage vow is: a distraction. The Tea Party movement was successful in the 2010 elections because the focus was on the economy, limited government, and liberty NOT divisive social issues.
Gov. Johnson continues:
This ‘pledge’ is nothing short of a promise to discriminate against everyone who makes a personal choice that doesn’t fit into a particular definition of ‘virtue’.
While the Family Leader pledge covers just about every other so-called virtue they can think of, the one that is conspicuously missing is tolerance. In one concise document, they manage to condemn gays, single parents, single individuals, divorcees, Muslims, gays in the military, unmarried couples, women who choose to have abortions, and everyone else who doesn’t fit in a Norman Rockwell painting.
Maybe The Family Leader has done as all a huge favor? By pressuring candidates to sign the pledge in hopes of receiving The Family Leader’s precious endorsement, those of us who want to have some idea of how serious these candidates are about limited government and freedom now have a litmus test of sorts. Michele Bachmann and Rick Santorum receive an F, Jon Huntsman and Newt Gingrich maybe a B, Mitt Romney and Ron Paul an A, and Gary Johnson an A+. The rest who have yet to respond get incompletes.
Obviously, for so-called values voters, the grades would be awarded in the opposite way (i.e. Johnson gets an F and Bachmann an A+). This pledge exposes the divide within the Republican Party and the battle for the party’s soul. Will G.O.P. primary voters nominate someone who will welcome individuals (especially independents) who aren’t necessarily found in a Norman Rockwell painting or will they once again nominate someone who panders primarily to white Christian men who want to tell you what to do in your bedroom?
If they win, we might as well get used to the idea of 4 more years of President Barack Obama.
Ezra Klein has a rather thought-provoking post today about human genome sequencing and its ability to allow doctors to better-tailor treatment to the specific needs of an individual patient. It presents a phenomenal opportunity to both make medicine more effective, and IMHO to make it cheaper by spending less time and energy on substandard treatments. Ezra raised a different point, though, and I think makes a logical error that warrants further discussion:
If that’s the path that medical advances ultimately take, one byproduct will be an immense explosion in health inequality. Right now, health inequality, though significant, is moderated by the fact that the marginal treatments that someone with unlimited resources can access simply don’t work that much better than the treatments someone with more modest means can access. In some cases, they’re significantly worse. In most cases, they’re pretty similar, and often literally the same.
But as those treatments begin to work better, and as we develop the ability to tailor treatments to individuals, we should expect that someone who can pay for the best treatments for their particular DNA sequences to achieve far better health-care outcomes than someone who can’t afford the best treatments and has to settle for general therapies rather than individualized medicine.
I believe Ezra makes assumes the premise that the “best” treatments are also the most expensive treatments. I believe this to be unsupported by evidence.
Suppose 10 different people all happen to have the same malady. To use a common one, let’s say that the malady is hypertension. Multiple drugs today exist for the treatment of hypertension. Some of them may be specific variants (branded or generic) of medications all within a specific class, but often multiple classes of drugs may be used to treat hypertension. Those multiple classes will affect different people in different ways, but my guess is that a typical doctor will offer a “standard” treatment regimen for hypertension and only deviate from that standard if something doesn’t appear to be effective. What’s further important to note is that different doctors may have different “standard” regimen, based on their own experience rather than exact current medical literature.
What the idea of genome sequencing may bring to the table is that medical research can form stronger predictions of a particular person’s response to certain medicines based upon their specific genes, and it is easier to tailor the treatment to the patient. This doesn’t mean that the rich person’s treatment will be more expensive than a poor person’s, but it does mean that someone who has genome sequencing will likely have more effective treatment than someone who does not. What it also means is that someone who has genome sequencing may actually have less expensive medical treatment than someone without, as less effort and dollars can be used adding treatments that are statistically likely to be ineffective.
And herein lies the rub. Will a rich person have better access to genome sequencing than a poor person? Not if we have Ezra’s wet dream: government socialized health care. Once effectiveness at reducing costs is shown, government in its awesome authoritarian-ness will undoubtedly use the desire for cost-cutting in medical treatment to demand genome sequencing of anyone participating in Obamacare. Sure, we civil libertarians will soundly object to government getting access to everyone’s DNA, but I’m sure they’ll tell us, much like they do with the TSA pornoscanners and told us with our social security numbers, that there’s NO CHANCE the genome information will ever be used for anything other than our medical care, and will be completely confidential. And since nobody listens to us civil libertarians today, they’ll get it done.
If Ezra looks at the potential from this angle, I think he’d change his tune. If he sees genome sequencing as a potential cost-cutting measure, rather than an inequality-increasing measure, I’m sure he’d actually push for wider adoption of it. And like any government authoritarian impulse, if something is good [and if we’re paying for it with tax dollars], we might as well make it mandatory, right?
Every soldier and every police officer swears an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic,” but as a practical matter, what does this mean? What happens if the CO issues an order that violates the Constitution; is soldier or peace officer still required to carry the order out? What if the order in question comes from the President of the United States?
Stewart Rhodes, the founder of an organization established in 2009 called Oath Keepers, says that not only do soldiers and peace officers have a right to refuse to carry out an order that violates the U.S. Constitution but a sworn duty to disobey the order. Rhodes, graduate of Yale Law School, veteran, former firearms instructor, and former staffer for Congressman Ron Paul’s D.C. office, started Oath Keepers in response to what he perceived as an erosion of civil liberties that has escalated since 9/11.
Oath Keepers’ critics (particularly on the Left) believe the organization to be a Right wing “extremist” organization full of Birthers, Truthers, militia members, hate groups, and various other conspiracy theorists. In this article in Reason, Rhodes clears the air. Also, found in the organization’s bylaws:
(a) No person who advocates, or has been or is a member, or associated with, any organization, formal or informal, that advocates the overthrow of the government of the United States or the violation of the Constitution thereof, shall be entitled to be a member or associate member.
(b) No person who advocates, or has been or is a member, or associated with, any organization, formal or informal, that advocates discrimination, violence, or hatred toward any person based upon their race, nationality, creed, or color, shall be entitled to be a member or associate member.
Former New Mexico Gov. Gary “Veto” Johnson made a recent appearance on Hannity last week (see video below). I have to say I was pleasantly surprised both with how Sean Hannity conducted the interview and how Gov. Johnson responded. I haven’t really watched Hannity since before the “& Colmes” was dropped a few years ago; from what I remembered he didn’t normally allow guests he disagreed with explain their position (especially on topics like drug legalization). I was also happy that he gave Gov. Johnson 20 plus minutes of some very valuable air time on a program widely watched by Republican primary voters. There’s just no way Gov. Johnson will ever be given that much time in a primary debate.
For Gov. Johnson’s part, I thought he communicated his message very skillfully. His cost/benefit approach that he is campaigning on, especially on issues that the G.O.P base generally disagree (ex: non-intervention and drug legalization/harm reduction) will be helpful in advancing libertarian positions in the long run (much as Ron Paul did in 2008 and since). When Hannity finally broached the war on (some) drugs, Johnson was able to get Hannity to concede that marijuana ought to be considered in a different category from harder drugs (i.e. heroin, crack, etc.). This in of itself is very encouraging.
I do not like Donald Trump. I don’t dislike him because of his wealth; he probably earned most of his wealth honestly. Some dislike Trump because he is a self promoter. I don’t dislike Trump for this reason either. Many successful individuals are great at self promotion and developing a successful brand (a very good attribute to have to have a successful political campaign).
For those who don’t quite understand the difference between a capitalist and a corporatist, I highly encourage you to read Brad’s post “Mercantilism, Fascism, Corporatism — And Capitalism.” This distinction is an important one. Donald Trump is the poster child for what many on the Left as a greedy capitalist; a caricature of everything that is wrong with capitalism as preached by the Ralph Naders and Michael Moores of the world.
But those of us who know better know that Donald Trump isn’t a capitalist at all but a corporatist. Trump doesn’t try to work within a framework of a free market as a true capitalist would, but like far too many businessmen, he uses his wealth and influence to encourage the government to work on his behalf to his advantage (and at the expense of anyone else who would dare get in his way).
In the early 1990’s, an elderly widow by the name of Vera Coking was in the way. Coking’s home that she had lived in for 30 years was on a plot of land that the Donald coveted. The Donald wanted the property so he could add a limousine parking area to one of his Atlantic City casinos. When Coking turned down his $1 million offer to buy the property, the Donald decided to enlist the help of his goons on the New Jersey Casino Reinvestment Authority. In 1994, these government thugs filed a lawsuit to take Coking’s property for $251,000 and gave her 90 days to leave her property (if she were to stay beyond the 90 days, men in uniforms with guns would forcibly remove her from her home).
Fortunately, Coking’s case gained enough media publicity to gain the attention and help of The Institute for Justice (think a more libertarian ACLU with a focus on property rights). With the IJ’s help, Coking was able to keep her property. In 1998, a judge made a decision that turned out to be final finding that the Donald’s limousine parking area was not a “public use.”
John Stossel confronted the Donald about his failed attempts to take the widow’s home away; he reprinted this exchange in his book Give Me A Break on pages 152 and 153:
Donald Trump: Do you want to live in a city where you can’t build roads or highways or have access to hospitals? Condemnation is a necessary evil.
John Stossel: But we’re not talking about a hospital. This is a building a rich guy finds ugly.
Donald Trump: You’re talking about at the tip of this city, lies a little group of terrible, terrible tenements – just terrible stuff, tenement housing.
John Stossel: So what!
Donald Trump: So what?…Atlantic City does a lot less business, and senior citizens get a lot less money and a lot less taxes and a lot less this and that.
Earlier in the book (page 25) Stossel gives his impressions of this confrontational interview:
Donald Trump was offended when I called him a bully for trying to force an old lady out of her house to make more room for his Atlantic City casino. After the interview, the producer stayed behind to pack up our equipment. Trump came back into the room, puffed himself up, and started blustering, “Nobody talks to me that way!”
Well, someone should.
Had this case taken place after Kelo, the Donald may well have prevailed. In the wake of the Kelo decision, Neil Cavuto interviewed the Donald on Fox News (7/19/05) to get his reaction.
I happen to agree with [the Kelo decision] 100 percent, not that I would want to use it. But the fact is, if you have a person living in an area that’s not even necessarily a good area, and government, whether it’s local or whatever, government wants to build a tremendous economic development, where a lot of people are going to be put to work and make area that’s not good into a good area, and move the person that’s living there into a better place — now, I know it might not be their choice — but move the person to a better place and yet create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.
Donald Trump is not one who respects property rights (other than his own). “Tremendous economic development” and “jobs” are great reasons to employ the full police power of government to take away someone’s property in the Donald’s world view.
I shudder to think of what a Donald Trump presidency would look like. Imagine the Donald with control of our CIA and our military. The Donald doesn’t have any problem using force to get what the Donald wants.
Now consider President Trump with a vacancy on the U.S. Supreme Court. What sort of Justice would he appoint? Most likely one who would view Kelo quite favorably.
This bully, Donald Trump is the guy who is polling second place in some early Republican primary polls? Wake the hell up Republicans!
Disclaimer: The views expressed here at The Liberty Papers either by the post authors or views found in the comments section do not necessarily reflect the views of The Innocence Project nor its affiliates.
One more brief note before I get into this post’s topic of false confessions. Just three days ago, Thomas Haynesworth became The Innocence Projects’ 267th exoneree and was released from prison after serving 27 years for three rapes that DNA tests and other evidence prove he did not commit (well, technically he was paroled; The Innocence Project is now trying to have his conviction overturned via the Virginia Court of Appeals or by a pardon from the governor who says he will consider pardoning Haynesworth).
A skilled interrogator knows all sorts of ways to persuade individuals guilty of committing a crime to confess. The problem is, the same interrogator’s methods can often persuade individuals who are innocent to confess as well.
In about 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.
These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences.
Why do innocent people confess?
A variety of factors can contribute to a false confession during a police interrogation. Many cases have included a combination of several of these causes. They include:
•ignorance of the law
•fear of violence
•the actual infliction of harm
•the threat of a harsh sentence
•Misunderstanding the situation
The documentary series Frontline episode “The Confessions” (below) profiles a case where eight individuals were charged in large part due to five confessions for a rape and murder of a Norfolk, Virginia woman. Only one of the five confessions turned out to be true and the actual perpetrator admitted he acted alone.
How can false confessions be minimized? One common sense reform The Innocence Project is pushing is simply passing laws which would require all interrogations to be recorded. If the men in the above case had their confessions recorded, the interrogators wouldn’t have the ability to have each rehearse their confessions until it fit with their theory. Every lie and every threat by the interrogators would be replayed for the jury to hear. Only then could the jury have a more complete context of the interrogation.
Additional Thoughts on Recording Interactions with the Police
In response to the above post, Tom Knighton made some very good points in a blog post of his own regarding mandatory recording of interrogations that bear repeating here:
Littau suggests simply recording interrogations as a tool for preventing false confessions as the jury would hear the whole situation and perhaps make up their own minds regarding the so-called confession. I’m going to go so far as to suggest this as a tool for protecting law enforcement officers, as well as suspects. Recorded interrogations can also tell that an officer didn’t coerce a confession, assault a suspect, or anything else they may be accused of.
Transparency is always preferable to non-transparency when it comes to government, even in the law enforcement sector. By recording interviews, an agency opens a window on the process and protects everyone involved.
As the old saying goes, there’s three sides to every story. In the criminal justice system there’s the suspect’s side, the state’s side (or referred sometimes to as “the people’s” side), and the truth. Recording all interactions between the police and the suspect provides something very close to the truth (I say close because even video evidence can be limiting due to a variety of factors).
Really I think that all police interactions should be required by law to be recorded if the person doesn’t have access to a lawyer at that particular moment (and even then, the interaction should be recorded unless the lawyer wishes otherwise). Every police stop, every search warrant, and every raid on a person’s home should be fully* recorded; resulting video should be kept unedited** so both sides can examine the evidence fairly.
Of course, this all assumes that the purpose of our criminal justice system is to get to the truth.
*In the case of police raids, something that Radley Balko advocates (which I agree with fully) is that every SWAT or police officer who takes part in a raid should be required to have a camera mounted on his/her person – preferably helmet mounted. This would present the events how they happened from multiple points-of-view.
**Editing, destroying, or omitting such a video should be considered a crime akin to any other tampering or destruction of evidence.
The Innocence Project is a non-profit group working to offer legal services to convicts claiming innocence who have a chance to prove it. Living in as free and just a country as we manage to have, there are still mistakes — many more than we likely realize. Those on the wrong end of those mistakes often have nobody willing to fight for them, even if they are truly innocent.
The Innocence Project hoped to get 200 individuals to set up web pages attempting to raise $100 each for a total fundraising goal of $20K. Given the modest but wider reach of this blog, I set up our page with a goal of $500, and I think it’s a good one, because we’re over 60% there.
If you haven’t rattled the cup yet, I highly recommend you do so. You’re working to help people who have been unfairly beaten by the system clear their name. If that’s not enough, it’s tax deductible, so every dollar you donate reduces the amount the system has to railroad others.
[To skip my blather and go straight to The Liberty Papers’ page at the Innocence Project, go here.]
It’s been said before that a conservative is simply a liberal who’s been mugged, and that a libertarian is a conservative who’s been mugged — by his own government.
I know that for me, it wasn’t *exactly* that, but not far off. I spent a good portion of my life as a bit of a law-and-order conservative — or given that I was never on board with social conservatism, a law-and-order libertarian. What has really changed my outlook as I’ve delved deeper into the world of politics is that I’ve lost faith in the government’s ability to fairly and responsibly exercise even these powers. I’ve completely lost faith in the death penalty, because while time can never be restored, it’s a lot easier to free a wrongfully convicted live man than a dead one. I do believe that our government in America, as screwed up as it is, generally is willing to correct judicial system errors when beaten over the head with them.
But who is going to beat them over the head? The convicted are not a naturally sympathetic interest group. The “law-and-order” crowd will typically give the benefit of the doubt to the law-and-order crowd. There aren’t a lot of people who are going to stand up for a convicted rapist or convicted murderer. And it’s not as if proclaiming one’s innocence is something only the innocent do, so it can be tough to determine which convict is worth fighting for.
But none of that changes the fact that the government wrongfully convicts innocent people, and that justice demands that someone stand up for them. That someone is the Innocence Project:
The Innocence Project is a national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent future injustice.
To date, 266 innocent prisoners have been exonerated by DNA testing, 17 who were on death row at the time. The criminal justice system tends to be reticent to accept the possibility of their own mistake, so it often takes outside pressure to have DNA testing performed on “cold” cases. The Innocence Project provides pro-bono legal representation to people trying to prove their innocence. Getting innocent people out of prison? I don’t see how you can argue with that. Note also that The Innocence Project is spending their time and money on the ground, helping actual convicts. This is not an activism organization lobbying your legislators, it exists to actual help individual convicts trying to prove their innocence.
Because of that, I have opened a page on behalf of The Liberty Papers with the Innocence Project, who happen to be running a fundraising drive right now.
The Innocence Project is pushing for $20K in donations by April 7, and are hoping to get 200 individual people to set up pages with a goal of $100 each. I think we here at The Liberty Papers can do better, so I’ve set a goal of $500. Our readers come from many walks of life, and I know that for some of you, $10 might be a suitable donation, and for others, $50 or $100 might be more palatable. Either way, remember that your contribution might help to get an innocent person out of jail for a heinous crime that they didn’t commit.
Also note that your contribution is tax-deductible. For every dollar you donate, you reduce your tax liability by whatever tax bracket you’re in. Not only do you support a quality organization fighting for those who can’t fight for themselves, you help to starve the beast as well. Win-win!
Were it not for our federalist system, the debate over Real ID would have been over long ago. Fortunately, it’s still going:
The political problem for the GOP committee chairmen is that the 2005 Real ID Act has proven to be anything but popular: legislatures of two dozen states have voted to reject its requirements, and in the Michigan and Pennsylvania legislatures one chamber has done so.
That didn’t stop the House Republicans from saying in a letter this week to Homeland Security Secretary Janet Napolitano that “any further extension of Real ID threatens the security of the United States.” Unless Homeland Security grants an extension, the law’s requirements take effect on May 11.
Hopefully this comes to a head, and hopefully the Republicans pushing this get an education in federalism. It’s going to come in mighty handy in resisting Obamacare.