Category Archives: Doublespeak

We don’t go black… We try to turn on lights

We’re not going black today, over SOPA or PIPA.

In case you by some miracle hadn’t noticed it yet, tens of thousands of web sites around the country and around the world, are “going black” or putting up banners explaining that they are not available or there is no content today etc… In protest against the “Stop Online Privacy Act” and the “ProtectIP act”, which are currently (or were recently), being promulgated in congress.

We don’t have a problem with anyone who does. It’s important that people understand what SOPA and PIPA are (or were), and most folks are sadly unaware of the kind of stupid and harmful things that our government does.

Google and Wikipedia are two of the most important and most used sites on the net; and by participating in this protest, they will very certainly make a lot more people aware of this issue.

But “going black” isn’t what we do here.

We talk about political and social issues here; in particular about liberty and freedom. We try to inform people about the important issues, events, and principles of liberty and freedom; and then talk about them in as free and open a way as we can.

I personally think that going black would be entirely against what we are about here; and while it might help to draw more attention to the problem, it wouldn’t help us inform you, or help us begin the conversation about the issue.

… and of course, you can’t go to wikipedia day to find out about it…

So, I personally, would like to do something that is in the spirit of protesting the idiotic and harmful nature of these pieces of industry lobbying masquerading as legislation…

…And share a few things:

That’s the best explanation of why the freedom to share (within fair use of course, copyrights ARE important) is important; and why legislation like PIPA and SOPA are not only stupid and harmful, but entirely antithetical to the American system of ordered liberty.

And then there’s this piece by my friend (and bestselling author, buy his excellent books please) Larry Correia:

“for all of the people out there on the internet having a massive freak out about the government potentially damaging something they love… WELCOME TO THE PARTY.

You think this is something new or unusual? Nope. This is just about a topic that you happen to be familiar with. If you fall into that camp, I want you to take a deep breath, step back, and examine all of the other issues in the past that you didn’t know jack squat about, but your knee jerk reaction was to say “there’s a problem, the governement has to do something!” Well guess what? The crap the federal government usually comes up with to fix these problems is similar to SOPA. In other words, the legislation addresses a perceived problem by instituting a bunch of stupid overregulation and taking away someone’s freedom.

You think people need access to affordable medical care and shouldn’t be denied coverage? Well, you got used and we got the bloated ridiculous mess that is Obamacare. You saw a news report about how big business defrauded people and said congress should do something? Well, everyone in the business world got screwed because of Enron by completely useless new arbitrary crap laws, and a few years later we got into an even bigger financial crisis which the arbitrary crap laws we spent billions conforming to did nothing to prevent. No, because that financial crisis was caused by people saying that there was this huge problem that needed to be fixed, so more people who couldn’t afford to pay mortgages could still buy houses, and the government simply had to do something to fix this problem!

Any crisis… Any problem… You ask the feds to fix it, you get this kind of answer. Almost never do the laws fix the actual problem. Instead the government gets bigger and gains a few more powers and it doesn’t fix the issue. When the problem gets bigger, then the government gets bigger and gains a few more powers that actually make the problem worse. Oh look! Despite all of these laws the problem has gotten even bigger? Whatever should we do? Why, I know! Let’s pass an even bigger law that takes away more individual freedom and gives the government more control!
Repeat, repeat, repeat.

Any topic, any situation, any problem.

They address it, you lose freedom and they gain more control. Some of you are only offended today because this particular law hurts something you enjoy. The rest of the time? Screw it. You can’t be bothered to pay attention. Or worse, people like me who are up in arms over an issue are just cranks or anti-government crackpots.”

I was going to write something roughly similar to this, but Larry beat me to it… and I’d rather share what he wrote, because it’s good, and because I can.

At least for now…

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Gary Johnson to President Obama: “Time’s Up in Libya”

The “limited kinetic action” (don’t call it military force or war!) in Libya has reached the 60 day mark; the statutory time limit a president can use military force without congressional approval according to the War Powers Act of 1973. There doesn’t seem to be a whole lot about the goings on in Libya in the news these days with Obama deciding what another sovereign nation (Israel) should do about its borders*.

Not everyone has completely forgotten about Libya though. Former New Mexico Governor and presidential candidate Gary Johnson wrote an opinion piece today in The Daily Caller pointing out that the president’s authority to use kinetic action in Libya has expired today.

This blatant disregard for the law must not go unchallenged. As several senators did this week, Congress must demand an explanation for the fact that, with no declaration of war, no authorization from Congress, and certainly no imminent threat to the U.S., our forces are today engaged in what is clearly a military conflict halfway around the world in Libya.

Specifically, the War Powers Act requires that the use of American forces in a conflict must be ended within 60 days of commencing — unless Congress expressly authorizes otherwise. In terms of our current engagement in Libya, Congress hasn’t authorized anything, nor has the president asked them to, and today, May 20, is the 60th day.

[…]

[The War Powers Act] was carefully crafted to allow the commander-in-chief to respond to attacks and otherwise take whatever action necessary to protect us. At the same time, it was obviously crafted to limit precisely the kinds of ill-defined and costly uses of our military that we are witnessing in Libya right now.

[…]

To be fair, this president is certainly not the first to disregard the War Powers Act. Some have even questioned its constitutionality. But until the courts or Congress deem otherwise, it is the law of the land — and in my opinion, a good one.

This is yet another example of President Obama’s lack of respect for the rule of law when the law isn’t compatible with his policy.

Hope n’ Change you can believe in.

» Read more

So You’re A Dictator Who Wants to Remain in Power…

Besides the fact that the current regime in Libya is not a threat to U.S. national security, the role of the U.S. military ought not be engaged in strictly humanitarian missions, will likely lead to future humanitarian interventions, and can in no way be argued that such actions in Libya are somehow part of a greater “war on terror,” why else is military intervention in yet another Middle Eastern country a terrible idea? I will answer in the form of another question: what kind of message are our leaders sending the rest of the world when they decide to attack a country that has actually cooperated in the past?

This is exactly the point Jonathan Schwarz makes in his article in The Huffington Post:

In all the discussion about the current U.S. bombing of Libya, something important has gone almost unnoticed — the lesson the United States is teaching the government of every country on earth. That lesson is: no matter what, no matter the inducements or pressure, never ever give up chemical weapons or a nuclear weapons program. Doing so will not ensure that the U.S. does not attack you — on the contrary, it will make it much more likely.

[…]

In Libya’s case, Muammar Gaddafi announced in December 2003 that it was renouncing all WMD — Libya possessed chemical weapons, ballistic missiles and a nuclear weapons program — and invited international inspectors to certify its compliance. The U.S. declared that this “demonstrates that, in a world of strong nonproliferation norms, it is never too late to make the decision to become a fully compliant NPT state,” and that Libya would be “amply rewarded.” From the perspective of many governments, Libya is now receiving its reward, in the form of hundreds of Tomahawk missiles and the likely downfall of the regime that agreed to disarm.

I’m no more a fan of Muammar Gaddafi than I am Hugo Chavez, Kim Jung Il, Mahmoud Ahmadinejad, or Robert Mugabe and I hope they will each have to answer to their own people someday. But even as despicable as these individuals are, they aren’t stupid (though arguably crazy in some instances). If you were one of these dictators, how do you think you would respond if you witnessed from afar the U.S. using its military might to topple a fellow despot who gave up his WMD program to satisfy the nonproliferation policies the U.S. had long pursued in the region? Would you be more or less likely to pursue a WMD program?

How could the Obama administration not recognize that this could undermine these nonproliferation efforts?

Schwarz believes that none of this was lost on those within the administration but was part of the calculations.

But here’s what no Americans know: the current attack on Libya is not an unforeseen glitch in our efforts to get them to disarm. Instead, it was the explicit policy of the U.S. to get countries to disarm so that we would be able to attack them.

This may sound ridiculous to many Americans. After all, no president ever puts it like that. Instead, they say: our enemies must disarm because they threaten the precious lives of our citizens! But in fact when talking to each other, U.S. government officials say it over and over again: we don’t oppose countries like Iraq, Libya and Iran having WMD because we’re scared they’re going to attack us with them. Instead, we oppose them having WMD because that would allow them to deter us from attacking them.

From there, Schwarz cites examples from a 2001 memo from Defense Secretary Donald Rumsfeld and several paragraphs from a paper entitled “Rebuilding America’s Defenses” written by a Neoconservative group called Project for a New American Century.

I don’t know how much this sort of thinking is in place in the Obama administration and couldn’t say if this attack on Libya is a result of such thinking or just plain old shortsightedness. Either way, this intervention is a horrible mistake and will have negative repercussions even beyond Libya itself.

NYT: Myth-based editorializing

On Boxing Day, our self-styled intellectual overlords at the New York Times gave us a gift of epic proportions: a gob-stoppingly vapid and shallow editorial on the principal of federalism. Let the fun begin!

With public attention focused on taxes, the deficit, gays in the military and nuclear arms reduction, little attention has been paid, so far, to the Tea Party’s most far-reaching move to remake American governance.

[…]

The proposal is sweeping, expressing with bold simplicity the view of the Tea Party and others that the federal government’s influence is far too broad. It would give state legislatures the power to veto any federal law or regulation if two-thirds of the legislatures approved.

The chances of the proposal becoming the Constitution’s 28th Amendment are exceedingly low. But it helps explain further the anger-fueled, myth-based politics of the populist new right. It also highlights the absence of a strong counterforce in American politics.

Well, so far, they haven’t strayed too far from the truth. Sure, they use the term “remake” where I would probably use “restore”, but the rest of the statement still stands. And, shock of shocks, the Times even gets the basic description of the Amendment right. But, alas, the truth quickly fades as the truthiness takes over.

What about those “anger-fueled, myth-based politics”? Well, the politics of limiting the Federal government are anger-filled, but this charge is leveled at us by the NYT to render our cause illegitimate. That’s where it rings false. We are angry because Washington is out of control. The list of abuses committed against freedom in the last twenty years needs no recitation here, but it culminated with a health-care reform law forced upon an American population that clearly and vociferously opposed it. Even today, job growth is stagnant in the face of a capricious and vengeful regulatory monster sitting on the banks of the Potomac ready to strike.

What about myth-based? The only things myth-based here is the notions of history held by the Times’ editorial board:

These flaws make the proposed amendment self-defeating, but they are far less significant than the mistaken vision of federalism on which it rests. Its foundation is that the United States defined in the Constitution are a set of decentralized sovereignties where personal responsibility, private property and a laissez-faire economy should reign. In this vision, the federal government is an intrusive parent.

The statement above is so ridiculous that any further ridicule from me would only distract you from its ridiculousness. I will, instead, only point out that if the New York Times’ editorial board not collectively slept through its eighth-grade civics classes, it would know that it just described the United States from its founding until the end of the Civil War.

Here, the NYT gets uncomfortably close to the truth, and so has to go scurrying back to the mythical founding of the United States it holds so dear:

The error that matters most here is about the Constitution’s history. America’s fundamental law holds competing elements, some constraining the national government, others energizing it. But the government the Constitution shaped was founded to create a sum greater than the parts, to promote economic development that would lift the fortunes of the American people.

The NYT board is deliberately ignoring the fact that the Barnett amendment, albeit crude, is a manifestation of the Founders’ belief that the States themselves should have representation in the Federal government. Before the 17th Amendment, it was the intent of the Constitution that the Senate represent the States, not the people (who were represented in the House). In reaction to the national trauma of the Civil War, the next half century featured a shift of power from the States to the Federal government.

The merits of the shift from a balance between the States and the Federal government to a dominant Federal government are open to debate, especially as we are seeing the faults of the dominant Federal government ever more clearly. However, the New York Times does not approach the issue from this reasonable position. Instead, they try to rewrite history to claim that it has always been this way.

This begs the question of why a once-august journalistic institution has devolved into a pathetic imitation of the Ministry of Truth. For that, we shall let the Times speak for itself:

In past economic crises, populist fervor has been for expanding the power of the national government to address America’s pressing needs. Pleas for making good the nation’s commitment to equality and welfare have been as loud as those for liberty. Now the many who are struggling have no progressive champion. The left have ceded the field to the Tea Party and, in doing so, allowed it to make history. It is building political power by selling the promise of a return to a mythic past.

This nation has always yearned for more government. Soon enough, they will be saying we have always been at war with Eastasia. Remember, the editorial board of the New York Times are siding with the government against you, and are making the truth a sacrificial lamb in the process.

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along with challengers Rodney Glassman (D), Jerry Joslyn (G), and David Nolan (L). Believe it or not, all candidates were given equal time to debate the issues; something that is usually missing from the debates I’m accustomed to watching.

Despite the skills of those challenging Sen. McCain – particularly the two 3rd party candidates, the latest Real Clear Politics Average Poll shows McCain with a comfortable 17.4 point lead over his closest challenger, Rodney Glassman. Critics of 3rd parties look at poll results like this and wonder “what’s the point” of allowing 3rd party candidates to participate when their chances of winning are so miniscule.

IMHO, I believe that both Nolan and Joslyn did a fine job demonstrating why 3rd party candidates should be included by raising issues, proposing solutions, and exposing the shortcomings of the two party system and the candidates themselves to voters and concerned citizens.

In the 3rd part of this debate (below), Nolan brought up a McCain sponsored bill that is most likely not on the radar of very many people: S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

(Beginning at -6:14 in part 3 of the debate)

Nolan: “One of the reasons I got into this race is that right now, at this very moment Sen. McCain is a sponsor – I think the lead sponsor of Senate Bill 3081 […] a bill which would authorize the arrest and indefinite detention of American citizens without trial and without recourse. This is one of the most dangerous, evil, un-American bills that’s ever been proposed in congress and nobody who would sponsor such a bill should be sitting in a seat in the United States Senate.”

And what was Sen. McCain’s response to the charge by Nolan of sponsoring such a “dangerous, evil, un-American” bill?

McCain: “Well again, I hope that our viewers won’t judge me by the remarks just made [by Nolan], they may be a little bit biased.”

Nolan raised the issue again in his closing remarks. Sen. McCain did not respond.

Okay, fair enough. Perhaps Mr. Nolan is biased. He is trying to take his job after all. Fortunately for now at least, the average person with an internet connection can freely search and find the bill and learn of its contents. Let’s take a look and see how “biased” Mr. Nolan was and determine whether or not Arizona’s senior senator should be “judged” by the bill he is currently sponsoring.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.

(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

“Suspected unprivileged enemy belligerent” ? No, that doesn’t sound Orwellian at all. Now let me highlight Sec. 3b3 and let you, the reader decide if any of this strikes you as “dangerous,” “evil,” or even “un-American.”

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS- A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.

Talk about double speak! Such individuals are not “criminal suspects” who in our criminal justice system normally considers “innocent until proven guilty” who have Constitutionally protected rights but “suspected enemy belligerents” who are apparently assumed guilty until a high ranking official in the executive branch, or the president himself determines otherwise.

Sorry, I’m getting a little ahead of myself. I haven’t even got to the most disturbing part of the bill yet – Section 5:

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

So here we are in 2010, Sen. McCain et al advocating giving American citizens POW status under Article 5 of the Geneva Convention as they may be “enemy belligerents” in an ill-defined and open-ended “war on terror.” The provisions of the USA PATRIOT Act which were originally supposed to be temporary but now as a practical matter, a permanent fixture of federal law, apparently don’t go far enough to dismantle what is left of the Bill of Rights.

One thing I found interesting in this debate was not only Sen. McCain’s response (or lack thereof) but also the deafening silence of his Democrat challenger who could have easily picked this issue up and ran with it if he shares Nolan’s civil liberties concerns. Could it be that Mr. Glassman would also support this bill if he were elected to replace Sen. McCain? If so, I wouldn’t be at all surprised considering that President Obama who is a member of the same political party as Glassman actually believes he can assassinate Americans without due process of any kind. Both the Obama and Bush administrations have even gone as far to say that if or when the president makes a “state’s secrets” claim, no court can even consider the legality of such cases. There’s little doubt in my mind that President Obama would sign S. 3081 into law as this would only enhance his power.

Maybe for now on we should stop referring to the first ten amendments as “The Bill of Rights” and call them “The Bill of Privileges.” This would at least be honest because rights cannot be taken away and therefore can never be “inapplicable.”

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