Category Archives: Election ’12

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Back in the 2010 mid-term election, Libertarian Party co-founder David Nolan ran as a Libertarian against Sen. John McCain for his seat in the U.S. Senate. Sadly, McCain easily won the election and Nolan died several weeks after the election and just two days before his 67th birthday.

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.

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Ron Paul CNN National Security Debate Highlights and Observations

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.

The Johnson Campaign Perpetuates the “Public Airways” Myth in Response to Latest Debate Exclusion

There’s very little doubt in my mind that the MSM and the G.O.P establishment have been doing all they can to keep certain candidates from challenging the establishment and ultimately win the nomination. Early in the campaign I wrote a response to Hugh Hewitt’s post where he suggested that the RNC should exile Herman Cain, Gary Johnson, and Ron Paul from the remaining debates. His argument was that these were all “marginal” “1%er’s”* who “don’t have a prayer” of winning the nomination.

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.

Here are some excerpts from the complaint filed with the FEC:

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.

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Are You or Someone You Know a Victim of the Drone Mentality?

Are you or someone you know a victim of what Glenn Greenwald calls “the drone mentality”?

[Emphasis original]

I was predictably deluged with responses justifying Obama’s drone attacks on the ground that they are necessary to kill The Terrorists. Reading the responses, I could clearly discern the mentality driving them: I have never heard of 99% of the people my government kills with drones, nor have I ever seen any evidence about them, but I am sure they are Terrorists. That is the drone mentality in both senses of the word; it’s that combination of pure ignorance and blind faith in government authorities that you will inevitably hear from anyone defending President Obama’s militarism.

If you are or have been a victim of this mentality don’t feel bad. I was once a victim of this mentality myself. I once believed that the government was completely incompetent domestically but somehow very efficient in its execution of the so-called war on terror.

The article continues [Emphasis original]

As it turns out, it isn’t only the President’s drone-cheering supporters who have no idea who is being killed by the program they support; neither does the CIA itself. […] Obama’s broad standards for when drone strikes are permitted, and noted that the “bulk” of the drone attacks — the bulk of them – “target groups of men believed to be militants associated with terrorist groups, but whose identities aren’t always known.” As Spencer Ackerman put it: “The CIA is now killing people without knowing who they are, on suspicion of association with terrorist groups”; moreover, the administration refuses to describe what it even means by being “associated” with a Terrorist group (indeed, it steadfastly refuses to tell citizens anything about the legal principles governing its covert drone wars).

Kill ‘em all, let [insert deity here] sort ‘em out…is this the policy for combating terrorism now? Is anyone else reading this disturbed by this?

[T]he internal dissent [inside the U.S. government] is grounded in the concern that these drone attacks undermine U.S. objectives by increasing anti-American sentiment in the region (there’s that primitive, inscrutable Muslim culture rearing its head again: they strangely seem to get very angry when foreign governments send sky robots over their countries and blow up their neighbors, teenagers and children)[…] Remember, though: we have to kill The Muslim Terrorists because they have no regard for human life.

Nah, that can’t be it. They hate us because of our freedom. Just ask John Bolton, Rick Santorum, and the rest of the Neocons who are chomping at the bit to start a war with Iran.

How is it that this drone mentality persists and what is the cure?

This is why it’s so imperative to do everything possible to shine a light on the victims of President Obama’s aggression in Pakistan, Yemen, Somalia and elsewhere: ignoring the victims, rendering them invisible, is a crucial prerequisite to sustaining propaganda and maintaining support for this militarism (that’s the same reason John Brennan lied — yet again — by assuring Americans that there are no innocent victims of drone attacks). Many people want to hear nothing about these victims — like Tariq — because they don’t want to accept that the leader for whom they cheer and the drone attacks they support are regularly ending the lives of large numbers of innocent people, including children. They believe the fairy tale that the U.S. is only killing Terrorists and “militants” because they want to believe it…

For far too long, I believed this fairy tale myself. I couldn’t handle the truth but I eventually saw the error of my thinking. Government is just as blunt an instrument on foreign battlefields as it is in virtually every domestic aspect of our lives but even more destructive and deadly.

How about you, can you handle the truth?

The truth (according to sources cited in the article) that between 2,359 and 2,959 people (nearly 200 of whom were children) have been killed in 306 documented drone strikes, 85% of which were launched during the administration of the Nobel Peace Prize winner President Barack Obama?

If you are willing to confront the drone mentality head on, I would strongly encourage you to read the rest of Greenwald’s article.

The Challenge of Creating an Economically Sound, Simpler, and More Just Tax Code (Part 3 of 3)

Part 1
Part 2

The challenge of creating an economically sound, simpler, and more just tax code, be it the existing code, 9-9-9, a flat tax, or a sales tax will remain an impossibility if tax revenues is the only focus of any reform. The problem that dwarfs any notion of how tax policy is implemented is how the money is spent by the government.

As I write this, the national debt is approaching $15 trillion. That’s $47,810 per citizen or $132,927 per tax payer.

Even more staggering, the sum total unfunded liabilities for Social Security and Medicare is just over $116 trillion. The prescription drug part of Medicare is over $20 trillion by itself!

Other than the Federal Reserve creating money out of thin air, what tax policy can possibly begin to support this kind of spending? It seems stupid to even pose the question.

Yet the only answer the Obama administration seems to have to pay down the debt or turn the economy around is to raise taxes on the wealthy and continue the reckless spending. The Republicans for their part offer modest tax cuts and modest spending cuts that will have no noticeable impact on the debt.

It’s high time that we as citizens tell our public servants that the out of control spending has to stop. We must demand serious structural reforms to entitlement programs or phase them out over time.

We must also recognize the difference between military spending and true national defense spending. We can no longer afford to police the world. It’s time to tell Iraq, Afghanistan, South Korea, Japan, and others that they are now responsible for their own national defense and domestic security.

That’s just a start; there’s a great deal more spending that should be cut. But before any significant cuts can be made, we need to decide just how much government we want in our lives and what we are each willing to pay. For those who believe that individuals who make under a certain income level should be spared from paying any taxes at all (i.e. too small to tax) maybe it is you who should be out front in demanding a whole lot less government.

The Challenge of Creating an Economically Sound, Simpler, and More Just Tax Code (Part 2 of 3)

Part 1

Is an economically sound, simpler, and more just tax code even possible?

The truth of the matter is that there are too many people on the Left and the Right who do not want a simpler tax code that treats everyone equally.
It’s probably not because the defenders of the existing system necessarily think the existing code is good economic policy nor does a better job funding the federal government. The most likely reasons why there is so much resistance have to do with political pandering, vote buying/special interests, and social engineering.

It’s not too difficult to figure out why the Left panders to the working poor because the poor always outnumber the wealthy regardless of how well the economy is doing overall. What would happen if there was such a tax code where everyone paid the same rate without any tax credits or loopholes and without any hidden or embedded taxes? I’m guessing it would be more difficult to raise taxes on the evil rich if it meant that everyone received the same percentage tax hike. When it comes to the tax code, equality is the very last thing the Left wants.

If there is anything I agree with the Occupy Wall Street crowd or the Left more generally it’s the special treatment politically connected individuals and businesses receive via the tax code and/or subsidies. So you say you want to get money out of politics or do something about the role of corporate lobbyists in Washington?

I do too.

The simple answer IMO is to eliminate all taxes on business and all subsidies that benefit business. If there are no taxes or subsidies, there is no reason for businesses to lobby for special tax treatment or subsidies; the main reason most industries send lobbyists to Washington in the first place. If we would like to go any further in limiting influence of special business interests, maybe just maybe we should get the government out of regulating just about every aspect of business* and restrict the government to its limited constitutional powers. What a novel concept!

Finally there’s the social engineering aspect of the tax code. Frankly, I’m not sure if those on the Left or the Right are worse when it comes to using the tax code as a tool to encourage the American people to engage in particular activities. Even with Perry’s flat tax plans, there are a handful of deductions that are sacred cows. The home interest, charitable giving, and state and local taxes are preserved for those who earn up to $500K. Those who earn under $50K can choose not to file under the 20% rate with a $12,500 per family member deduction (which would eliminate all if not most tax liability under the existing rate for those in this tax bracket). With these deductions as part of the plan, the Perry plan can hardly be called a flat tax.

While I’m critical of keeping these deductions in place (he probably could get by with a smaller rate without the deductions), it’s not difficult to figure out why Gov. Perry keeps them in place. Voters would raise all sorts of hell at the thought these deductions would go away. Maybe there’s a good argument to make that charitable giving should be deducted since these funds help people who might otherwise be on government assistance.

But the home interest deduction? Why is that held sacred? Is there some sort of right for homeowners to get a break because they choose to buy a home rather than rent? I suspect that the realtor and home building lobbies and those in government who truly believe that every person should buy a home perpetuate this notion to a point to where now home owners think they are entitled to this special treatment.

Perhaps the most sacred cow of all of the deductions is the child tax credit. This deduction is a feature of every tax reform I mentioned in part 1 (even the Fair Tax prebate is based on family size). In the last presidential debate, Rick Santorum said in so many words that the federal government should promote families via the tax code.

Is this really the sort of thing the government should be concerned with? Should the amount of taxes an individual pays have anything to do with marital status or number of dependents s/he is supporting? Is it fair to make a single person pay more taxes because s/he doesn’t have dependents?

I don’t think there is an answer that will satisfy everyone.

Part 3
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The Challenge of Creating an Economically Sound, Simpler, and More Just Tax Code (Part 1 of 3)

If there is one positive thing Herman Cain has contributed to the national debate it would be this renewed discussion about tax reform. While I am skeptical of some of the specifics of his 9-9-9 plan, if nothing else, Cain has forced the other candidates to come out with proposals of their own. Gov. Rick Perry in a seemingly desperate move to remain relevant proposed an alternative 20% flat tax – a single rate that’s less than the sum of all of Cain’s 9’s.

Before I was aware of and became a supporter of the Fair Tax (a 23% consumption tax that would replace the income tax, payroll tax and all other federal taxes; Gary Johnson and Herman Cain* both support the Fair Tax) I was a supporter of the Flat Tax as proposed by Steve Forbes in his 2000 presidential bid. If we must be subject to an income tax, it seems only fair that everyone pay the same tax rate. None of these proposed plans are perfect but at least everyone is subject to the same rates.

But apparently my definition of “fair” differs quite a bit from those who think a “progressive” tax (i.e. the more you make, the more the government will take) is fair. Take this article from Politico for example:

Taxing the poor has become a badge of honor among conservatives. When Occupy Wall Street protesters launched their cry of “We are the 99 percent,” the right-wing blogosphere responded, “We are the 53 percent,” meaning the 53 percent of American households that they say pay federal income taxes.

Conservatives have become fixated on the notion that largely because of the Earned Income Tax Credit — passed under Ronald Reagan and expanded under Bill Clinton — almost half of all Americans pay no income taxes.

Perry launched his presidential campaign expressing dismay at the “injustice that nearly half of all Americans don’t even pay any income tax.” And he was not alone. Every major candidate — Rep. Michele Bachmann (R-Minn.), Mitt Romney and Cain — has suggested that too many of the working poor aren’t paying income taxes, a position The Wall Street Journal describes as “GOP doctrine.”

[…]

The argument is disingenuous. Working poor people do pay taxes. They pay a larger portion of their incomes in payroll taxes and sales taxes than the wealthy. And they pay property taxes indirectly in their rental costs. Poor workers pay about one-eighth of their incomes in taxes, on average.

For the sake of argument, I will assume that the author’s assertion is correct that the working poor pay a greater share of their incomes than the wealthy counting both direct and indirect taxes. Indeed there are all sorts of hidden taxes that are embedded in every good or service we all buy.

Regulations on business (which the author of this article undoubtedly supports) that contributes to the overall cost of employing a worker** are potential earnings the worker might otherwise be paid. » Read more

Ron Paul Unveils “Restore America” Plan

LAS VEGAS – Republican presidential candidate Rep. Ron Paul unveiled his economic “Plan to Restore America” in Las Vegas Monday afternoon, calling for a lower corporate tax rate, a cut in spending by $1 trillion during his first year in office and the elimination of five cabinet-level agencies.”

[…]

Paul does get specific when he calls for a 10 percent reduction in the federal work force, while pledging to limit his presidential salary to $39,336, which his campaign says is “approximately equal to the median personal income of the American worker.” The current pay rate for commander in chief is $400,000 a year.

Based on Dr. Paul’s speech, there’s not a whole lot not to like. Cutting $1 trillion of government spending in the first year would be a very good thing IMO.

As a Gary Johnson supporter, I can’t help but get more than a little annoyed each time one of Paul’s supporters, member of his campaign staff, or the congressman himself makes the claim that Dr. Paul is the only candidate in the race who would balance the budget. Gov. Johnson has promised a balanced budget, not merely in his first term but in his first budget in virtually every debate, interview, and speech he has given since he announced his candidacy.

That criticism aside, I hope this plan is given serious consideration by the primary voters and debated among the candidates.

Herman Cain is Either a Liar or Has a Very Short Memory

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.

The Flip:

The Flop:

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.

Tweet of the Day: Newt Says Include Gov. Johnson Edition

Fairness requires Gov. Johnson to be included in tomorrow’s debate. I encourage Wash Post/Bloomberg to invite him.

-Former House Speaker & 2012 G.O.P. Presidential Candidate Newt Gingrich via Twitter.

Some Ron Paul supporters think Gingrich is hoping to split libertarian support by saying that Gov. Johnson should be invited to the debate. That could be but it’s also possible that the former Speaker is being sincere. Either way, Gingrich is right and Ron Paul’s supporters shouldn’t feel threatened. We are on the same team!

10 Years of Failed Nation Building Policy

Last Friday marked the 10 year anniversary of the U.S. attack and subsequent nation building in Afghanistan. Most Americans, myself included, felt the attack on the Taliban and al Qaeda in Afghanistan was a perfectly legitimate response to the 9/11 terrorist attacks. I doubt that most Americans would have supported a nation building mission creep that would continue a decade later, however.

This policy has cost a great deal in blood and treasure; how well has it worked? The foreign policy experts in the first video below from the Cato Institute report on where things stand right now in Afghanistan. Their conclusion: 10 years is enough.

The second video below from the Ron Paul campaign deals with nation building more generally and asks a very provocative question: How would Americans respond if the Chinese or some other foreign power started occupying our country with troops with their own nation building program?

Obama Breaks Medical Marijuana Promise; How will his G.O.P. Challengers Respond?

Nearly two years ago, President Obama’s Justice Department announced a hands off approach concerning the states that passed “compassionate use” laws which legalized selling and using marijuana for medical purposes provided that all parties concerned operated within the state’s law. This seemed to give those who wanted to go through the legal processes to either operate a dispensary or acquire the paperwork to use marijuana within state guidelines the green light to proceed without worrying too much about federal drug laws – at least as long as Obama was president. Now it seems that the Obama administration is changing this policy, leaving patients and suppliers who operated in good faith on very shaky legal ground.

According to The Associated Press, at least 16 California dispensary owners and landlords received letters putting them on notice that they must close down their operations within 45 days or face criminal charges and confiscation of their property.

In the same article, Kevin Sabet, a former adviser to the president’s drug czar is quoted as saying “This really shouldn’t come as a surprise to anyone. The administration is simply making good on multiple threats issued since President Obama took office.”

To be fair, I don’t recall ever reading anything from the administration that explicitly promised they wouldn’t prosecute individuals under federal law but it certainly seemed that at the very least, medical marijuana patients and providers would be a very low priority for prosecution. Patients and practitioners had to know that there would be at least some legal risks even with Obama in office and realize that the next president could just as easily change the policy.

This presents a very interesting opportunity to find out which G.O.P. presidential candidates are truly committed to the notion of federalism (especially where the Tenth Amendment is concerned) and those who are not. Rep. Ron Paul and Gov. Gary Johnson obviously favor ending the war on (some) drugs and would clearly restore state sovereignty on this and other issues. Gov. Rick Perry in his book Fed Up! (as quoted here) writes:

Again, the best example is an issue I don’t even agree with—the partial legalization of marijuana. Californians clearly want some level of legalized marijuana, be it for medicinal use or otherwise. The federal government is telling them they cannot. But states are not bound to enforce federal law, and the federal government cannot commandeer state resources and require them to enforce it.

Rick Santorum seems to be the least committed to the notion of state sovereignty as he pillories Gov. Perry for this and other positions regarding state laws he deems to be “moral wrongs.”

It’s certainly Gov. Perry right to believe marriage can be redefined at the state level, that marijuana can be legalized and that tax dollars should be used to give illegal aliens special college tuition rates, but that’s completely out of touch with what most Americans believe.

So says the man who is polling at 2.7% (RCP Average).

Regardless of what one thinks about medical marijuana legalization at the state level or federalism in general, those who find themselves in legal limbo deserve to have a clear answer to where they stand. The candidates should all agree that this vague, unpredictable policy is unacceptable.

Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition

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.

Related: Obama: Judge, Jury, and Executioner in Chief

Gary Johnson and Ron Paul CPAC Speeches

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.

Gary Johnson Invited To 9/22 Fox News/Google Debate

For the first time in four months, former New Mexico Governor Gary Johnson will get to participate in a nationally televised Republican debate:

Gary Johnson, the Republican presidential candidate who has labored in obscurity, is about to get his moment in the spotlight—for one night, at least.

Johnson will be included in Thursday’s Fox News debate in Orlando, the first time he will share a stage with his eight rivals—over the objections of the Florida Republican Party.

The former New Mexico governor won the right to participate, according to Fox sources, by cracking 1 percent in the latest five national polls in which he was included—Fox News, CNN, McClatchy-Marist, ABC, and Quinnipiac—which was the criterion the network had set for inclusion.

Johnson is a quirky character, a libertarian who wants to legalize marijuana and is opposed to a border fence to stop illegal immigration. But he has attracted a passionate if tiny following while mostly flying below the media’s radar.

With nine people on the stage tomorrow night, it will be hard for Johnson to get a lot of air time in, especially since the debate moderators are likely to repeat the practice we’ve seen in the past two debates of concentrating mostly on Rick Perry and Mitt Romney, who are far ahead of the rest of the field at the moment. Nonetheless, it’s an opportunity for Johnson, who has as much Executive experience as Jon Huntsman and more than Mitt Romney, to introduce himself to voters, and he’ll provide an interesting contrast to Ron Paul on the libertarian side.

The debate airs Thursday night on Fox News Channel beginning at 9pm Eastern time. Since Google is involved, there is also an opportunity for viewers to submit questions via YouTube.

Don’t Bother with the Fine Print, Just Pass the Bill

The title of this post ought to be a red flag no matter who the president is or what your political persuasion. President Obama is demanding that congress pass his “American Jobs Act” in front of supportive crowds of people who I am sure have taken the time to read the whole bill and understand its contents. This bill should be passed “immediately” and with “No games, no politics, no delays,” so sayeth our dear leader.

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

An Innocent Man Was Probably Executed on Gov. Rick Perry’s Watch…Not That Anyone Cares

Is it possible that the G.O.P would nominate and/or the American people would elect for president a man who as governor more likely than not executed an innocent man?

An even more disturbing question would be: Could Gov. Rick Perry be elected president despite his efforts to keep investigators from learning the truth about the Cameron Todd Willingham case both before and after Willingham’s execution?

It seems we will have an answer to these questions in the 2012 campaign.

Apparently, these questions were not of much concern among Texans. According to a recent Politico article written by Alexander Burns and Maggie Haberman, Sen. Kay Bailey Hutchison who ran against Perry in the gubernatorial primary in the 2010 campaign asked focus groups what they thought about the idea that an innocent man may have been executed on Gov. Perry’s watch. For the most part, the question was a non-issue. According to several (unnamed) former Hutchison staffers, they quoted one individual as saying “It takes balls to execute an innocent man.”

Of course Gov. Perry continues to insist that Willingham was guilty of setting the fire that killed his three girls even though nine independent leading fire experts who have since reviewed the case all say the prosecution’s expert relied on science that has since been discredited.

Gov. RICK PERRY (R), Texas: This is a guy on his- on- in the death chamber, his last breath, he spews an obscenity-laced triad [sic] against his wife. That’s the person who we’re talking about here. And getting all tied up in the process here is, frankly, a deflection of what people across this state and this country need to be looking at. This was a bad man.

These are Willingham’s last words Gov. Perry was referring to:

No question, the words that Willingham directed at his wife are pretty rough. Willingham could have taken the high road but he didn’t. A bad man? Maybe. But to suggest that because Willingham’s last statement, which I agree is obscene and arguably low class, somehow “proves” that he killed his own children tells me that the Texas governor has a very low standard of proof.

Willingham’s spouse believed in his innocence in the beginning but as the execution date drew nearer, she changed her mind and made statements in the media that she believed he was guilty. How many men, innocent or not, in a similar situation would feel betrayed say something similar?

At Gov. Perry’s first debate appearance at the Ronald Reagan Presidential Library, when challenged about his executive order that would have required girls age 12 and over to get the HPV vaccine, he said that the way he went about it was wrong but explained that he was concerned about these young girls getting a deadly cancer. He “errs on the side of life,” a statement I couldn’t believe he could actually say with a straight face given his unwillingness to err on the side of life with regard to capital punishment.

Toward the end of the debate, Brian Williams asks Gov. Perry the following:

Governor Perry, a question about Texas. Your state has executed 234 death row inmates, more than any other governor in modern times. [Applause] Have you struggled to sleep at night with the idea that any one of those might have been innocent?

Gov. Perry responds:

No, sir. I’ve never struggled with that at all. The state of Texas has a very thoughtful, a very clear process in place of which—when someone commits the most heinous of crimes against our citizens, they get a fair hearing, they go through an appellate process, they go up to the Supreme Court of the United States, if that’s required.

Never struggled with the thought that there’s even the slightest possibility that an innocent man has been executed on his watch at all? The fact that five men who were once on death row who were exonerated on his watch doesn’t give Gov. Perry even a little pause? Five men who would have been executed had Gov. Perry had his way? And even after the recent revelation via exculpatory DNA evidence that an innocent man, Claude Jones was executed just before Gov. George W. Bush handed the governorship to Perry and ascended to the presidency?

If Gov. Perry is so certain of the guilt of every single individual who has been executed on his watch, why does he continue to stymie investigations into the Willingham case? Perhaps even more importantly, why does Gov. Perry continue to block efforts to allow Hank Skinner to have DNA testing which would determine once and for all if Skinner is the murderer Gov. Perry thinks he is before executing him this coming November?

What is Gov. Perry so afraid of?

Gov. Perry would have us believe that the “very clear process” in Texas is so perfect that there is just no way that a wrongfully convicted person could be executed. He is either in denial or doesn’t care if the occasional innocent person is killed by the state (and even if Willingham wasn’t a murderer, he was still “a bad man” so who cares right?). The death penalty is just the sort of a punishment that neither Gov. Perry nor the State of Texas can live without. Judging by the thunderous applause at the very mention of Texas’ 234 executions at the Reagan Library, sadly Gov. Perry is hardly alone in a Republican Party where the majority of its members ironically and hypocritically call themselves “pro-life.”

I Didn’t Even Know Gary Anderson Was Running in 2012!

I came across this in this discussion thread at the Agitator that I thought was too good not to share:

I’m pretty sure “Thom” wasn’t referring to Gary Anderson, the former kicker of the Minnesota Vikings (who to my knowledge isn’t running for president) but rather Gary Johnson the former governor of New Mexico (who is running for president).

I think this is exemplifies one of Gov. Johnson’s problems with name recognition. Both “Gary” and “Johnson” are such ordinary, everyday names. There’s a Gary Johnson who is an insurance agent who has an office not far from where I live. His name could just as well be Bob Smith or Bill Jones. If he were elected president, he would be the third President Johnson in U.S. history.

Names like Mitt Romney, Newt Gingrich, and Rick Santorum are uncommon enough that they stick in your memory once you have heard or seen the names in the media. I mean really, I have never met anyone who had a name like Mitt or Newt. These names are uncommon enough I don’t even have to hear someone say the last name to know s/he is referring to the former governor of Massachusetts and former Speaker of the House respectively. As for Ron Paul, while in isolation both names are quite common, he has the whole two “first names” thing going on.

Maybe the best thing Gov. Johnson could do is do what another famous Johnson did… » Read more

Jon Stewart: “How Did Libertarian Ron Paul Become the 13th Floor in a Hotel?”

John Stewart’s take on the media’s non-coverage of Ron Paul in recent weeks. I think he pretty much nailed it.

Enjoy!

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