Category Archives: Government Ethics

This Advice Could Save Your Life and Preserve Your Liberty

garner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[…]

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

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

LAPD Officers Fire Shots at Innocent People; Taxpayers Punished

Remember the LAPD shooting incident that occurred during their manhunt for Christopher Dorner just over one year ago? The one in which eight LAPD officers fired 103 shots into a vehicle that kinda sorta looked like the one Dorner was believed to be driving but turned out to be two women delivering newspapers without making any threatening moves to justify using deadly force whatsoever?

Though fortunately, both women survived, these eight cops would surely be charged criminally or at the very least never be allowed to work for law enforcement ever again…right? Maybe, maybe not (I have read conflicting reports). Some may be terminated while others may be retrained.

But the very idea that these cops should ever be allowed to have a concealed carry weapons permit (CCW) let alone patrol the streets as police officers is absurd and irresponsible. As outrageous as this determination is, there was actually an effort to clear the officers of any wrongdoing (These cops were dealing with a very stressful situation, after all). Thankfully, Chief Charlie Beck told the Police Commission that the officers should be found in violation of LAPD policy (I should hope this would violate LAPD policy!) at the very least.

The victims of this shooting/attempted murder will be compensated at the tune of $4.2 million plus an additional $40,000 to replace the vehicle at taxpayer expense. Certainly this is the very least the City of Los Angeles could do.

Any time one of these events happen, I can’t help but wonder, what would happen to a normal person who behaved this way? What would be the reaction if eight individuals sans the government issued costumes fired shots into a vehicle because they were feeling threatened by someone and resulted in the exact same outcome?

I think it is very safe to say that all eight would be doing hard time at San Quentin and would be paying damages to the women with their own money. It’s also safe to say that none of the 8 would ever be allowed to own a firearm in the future or allowed to vote if they lived long enough to get out of prison.

And rightfully so.

The government issued costumes should not protect individuals from an irresponsible, criminal act such as this. But unless and until we hold local governments and local law enforcement accountable, these criminal acts will continue and we will continue to foot the bill.

BOOK REVIEW: The United States of Paranoia

Conspiracy theories are only believed by people on the fringe of American politics? Not so says Reason’s Jesse Walker in his latest book: The United States of Paranoia: A Conspiracy Theory. Walker argues quite the opposite in his opening chapter: “The Paranoid Style is American Politics”:

By the time this book is over, I should hope it will be clear that when I say virtually everyone is capable of paranoid thinking, I really do mean virtually everyone, including you, me, and the founding fathers. As the sixties scare about the radical Right demonstrates, it is even possible to be paranoid about paranoids. (p. 24)

For those who are hoping that this is another book in which the author’s goal is to prove or disprove any particular conspiracy theory, Walker makes is clear that this is not what this book is about (for the most part). He also makes a point to acknowledge that some conspiracies have been proven true (ex: Watergate among these, see Chapter 7 for more examples), “At the very moment you are reading this, someone somewhere is probably trying to bribe a politician. The world is filled with plots both petty and grand…” (p.21). Instead telling the reader what to believe, Walker tells a history about what people have believed on this continent from colonial times to now and how these beliefs have shaped the political debate and very the culture itself.

Among the earliest examples of American conspiracies shaping politics and culture resulted in the infamous Salem Witch Trials of the late 1600’s. According to the belief at the time, witches conspired together and with the Devil to bring evil to the land. Disease and other misfortunes the colonists suffered were believed to be the direct result of these alleged Satanic rituals. Men and women were accused, tried, and executed with little or no evidence. The legacy of Salem continues today. When some public official is accused with wrongdoing, credibly or not, the accused and his or her defenders inevitably will call the proceedings a “witch hunt.”

Soon after the colonies won their independence from Great Britain and became the United States of America, the citizenry turned its distrust of power inward. Who could be trusted to lead this new nation and how could the people keep another tyrant or a cabal of tyrants from taking control? As it turns out, many of these fears were quite legitimate. Not everyone was satisfied with the Articles of Confederation. There were actual conspiracies afoot to overthrow existing system under the AOC in which the several states had most of the power while the national government had little. An attempted military coup called the “Newburgh Conspiracy” was stopped when George Washington convinced his fellow soldiers that overthrowing the government by force was not the right way to go about changing the political system.

» Read more

The First of Many “Outrages” of 2014

I’m not much of a fan of New Jersey Governor Chris Christie but I find the faux outrage by the Left about the George Washington Bridge closing* absolutely nauseating. Louis DeBroux over at United Liberty almost completely matches my attitude about how the Left and the MSM (but I repeat myself) are handling this scandal. DeBroux rattles off a good number of scandals on the part of the Obama administration, nearly all of which make the bridge closing look like a prank (read the article and you will understand my point). On his last two sentences, however; DeBroux hits it out of the park:

So was the bridge closing an abuse of power? Absolutely. Illegal? Very likely. Should everyone involved be fired or prosecuted? Without a doubt.

But forgive me if I can’t work myself up into a lather with outrage when the same people now bellowing their fury have been conspicuously silent over far worse abuses from their own camp.

*When I first heard of this, my reaction was “But if not for government, who would close the bridges and roads to exact revenge on political foes?” Seriously. What would happen if this bridge was managed by a *gasp* private, for profit greedy Capitalistic company? What would be the motivation to ever close the bridge other than necessary repairs?

Bye Bye 4th and 5th amendment: Obamacare info may be used for Law Enforcement and Audit activities

Well… we knew that the 4th and 5th amendment meant nothing to them… never mind HIPAA… but really?

 

Obamacare Marketplace: Personal Data Can Be Used For ‘Law Enforcement and Audit Activities’

Maryland’s Health Connection, the state’s Obamacare marketplace, has been plagued by delays in the first days of open enrollment. If users are able to endure long page-loading delays, they are presented with the website’s privacy policy, a ubiquitous fine-print feature on websites that often go unread. Nevertheless, users are asked to check off a box that they agree to the terms.

The policy contains many standard statements about information automatically collected regarding Internet browsers and IP addresses, temporary “cookies” used by the site, and website accessibility. However, at least two conditions may give some users pause before proceeding.

The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end. The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace. There is, however, an exception: “[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities.” Here is the entire paragraph from the policy the includes the exception [emphasis added]:

Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law. We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others. Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection. The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities.

The site does not specify if “appropriate authorities” refers only to state authorities or if it could include the federal government, as well. Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination. An email to the Maryland Health Connection’s media contact seeking clarification has not yet been answered

The second privacy term that may prompt caution by users relates to email communications. The policy reads:

If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

Since emails to the marketplace could conceivably involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the “public record” could prevent users from being as free with their information than they might otherwise be. However, as noted, any requests for such emails would still be subject to Maryland’s Public Information Act which contains certain exceptions to the disclosure rules.

Read the fine print eh?

 These are such clear 4th and 5th amendment violations I can’t believe anyone didn’t immediately say “uh guys… we cant actually do this”…

… but as I said, we know that our elected and selected “lords and masters” don’t give a damn about the 4th or 5th amendments (or really any of the others ones any time they become inconvenient).

So while I’m sure they were told they couldn’t do it, I’m sure they said “ahh well the disclaimer and release is enough, we’ll be fine”.

 Yeah no.

 And as far as HIPAA goes… In reality these terms of use are not anywhere near an adequate HIPAA disclosure release, so using any of this data in any manner other than for healthcare purposes would be a federal offense.

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

Joe Scarborough vs. The Minister of Truth

MSNBC is typically a safe place for the Obama administration to promote talking points, propaganda, and bald faced lies. Imagine Press Secretary (or more accurately, Obama’s Minister of Truth) Jay Carney’s surprise on Morning Joe when the host Joe Scarborough wouldn’t allow him to get away with arguing that the ongoing congressional investigations into the Obama Administration are ‘phony scandals’.

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The Minister of Truth, Jay Carney:

“The president will go back to Galesville, Illinois today to deliver a speech about where we need to move the economy, what we should be focusing on here in Washington. And it shouldn’t be on the skirmishes that cause gridlock. It shouldn’t be on the phony scandals that have consumed so much attention here, uh, all to come to not. It should be focused on what we can do to strengthen and grow the middle class…”

Scarborough responded:

“You brought up ‘phony’ scandals. That’s like, seriously? That’s like throwing red meat in the middle of a dog. So I’ve got to ask you this question: ‘What phony scandals?’ Do you think the IRS scandal is a ‘phony scandal’

Carney responded by saying the Republicans have been ‘cherry picking’ information and that the president has cracked down on officials who have been responsible for any wrong doing. Carney went on to say that President Obama “is not focused on pretend scandals that Republicans want to turn into partisan skirmishes.”

Scarborough would have none of it.

“You say that there’s cherry picked information…let’s just take this IRS scandal. The fact is its far different from what you said. In the beginning you just said it was the Cincinnati office and then we find out there were more people in Washington involved. In this past week we found out that despite what any of us think about the investigations on Capitol Hill…I see you smiling…I don’t know that there’s anything to smile about. That this wasn’t just a couple of crazy people in Cincinnati. This information actually went up to the Chief Council of the IRS which was one of two political appointees by the President of the United States and the entire IRS.”

Carney then accused Scarborough of contributing to the ‘line’ by Republicans.

“Is that the truth or not, Jay.” Scarborough interrupted. “Don’t give me talking points. That doesn’t work on my show and you’ve been here long enough to know…I’m not someone you can talk down to from your podium. Answer my question, Jay!”

In so many words, Carney didn’t take back his assertion that the scandals in question are ‘phony’ and that “we need to get to the bottom of what happened at the IRS” but the public’s attention and the attention of congress should be on the economy (how bad can the truth behind these scandals be if the president wants to get the public’s attention back on a very anemic economy?). In other words, pay no attention to the scandals behind the curtain or to the fact that the emperor is wearing no clothes.

This is a very interesting comment considering that Carney’s boss wanted to turn the nation’s attention back to the George Zimmerman not guilty verdict last week.

The Modern Republican Party is a Special Kind of Suck (Part 1 of 3)

Barack Obama’s Record of Suck
Four years ago, Barack Obama was elected the 44th President of the United States. He promised hope n’ change from the failed policies of George W. Bush. His policies were going to lower the debt, reduce unemployment to around 5%, become the “most transparent administration in U.S. history,” close Guantanamo Bay, and restore the damaged international relations around the world.

Four years later, Obama has increased the debt by $6 trillion (the national debt is now over $16 trillion), kept unemployment hovering around 8% for nearly his entire first term despite his Keynesian efforts to stimulate the economy, and punished whistleblowers for daring to shed light on what has arguably been one of the least transparent administrations in history. Guantanamo Bay is not only still open but now with Obama’s signing of the NDAA, even American citizens can be taken there and detained indefinitely without charge or trail. If this wasn’t enough, the Obama administration also developed a “secret kill list” from which drones search for and kill targets from that list– including American citizens, who are sought out in Yemen, Pakistan, Libya, Syria, and who knows where else without any Constitutional authority whatsoever.

Then there’s “Fast and Furious,” an operation of Eric Holder’s Justice Department in which the BATFE purposely gave weapons to Mexican drug cartels resulting in untold deaths including a Border Control Agent by the name of Brian Terry. Obama has since invoked executive privilege to protect Holder from congress getting too close to the truth.

Finally, there are the terrorist attacks in Libya and Egypt on September 11, 2012. Rather than admit the obvious, President Obama and his administration lied to the American public concerning the nature of the attack claiming the attacks came from spontaneous protesters who were angry about an obscure YouTube video that “slandered” the prophet Mohammad.

A Special Kind of Suck
This is only a thumbnail sketch of the failures and malfeasance of the Obama administration in one term of office. Today the news should be about the Romney/Ryan transition team after a slam dunk landslide victory. But that is not the news today, is it? Yes, the Republican Party sucks but for the Republican challenger to be beaten despite Obama’s record, an advantage the last Republican challenger did not have, that takes a special kind of suck.

How exactly did the Republican Party achieve this special kind of suck? That is the question political observers are asking and what the party needs to answer if the GOP wants to win future elections. Reflexively, many on the Right are blaming the main stream media for its pro-Obama bias. There’s no question the MSM was more critical of Romney than Obama. They downplayed team Obama’s missteps but never missed an opportunity to report each and every gaffe of team Romney. Romney was also running against history – America’s first black president. While this is all true, it’s also true that Republicans won control of the House in the 2010 midterm elections on a wave of Tea Party fervor. The MSM had just as much of an Obama/Left wing bias then as they do now yet the Republicans gained ground. What was different this time?

Mitt Romney, the Nominee of Suck
No doubt, Gov. Mitt Romney is probably getting most of the blame and he deserves much of it. That being said, the reasons Romney failed to beat a failed president go well beyond Romney or his campaign. Maybe, Romney is a good place to start though.

Rather than make a choice that would be a champion of the limited government issues Republicans claim to care about (like say Gary Johnson or Ron Paul), the GOP decided they would go with Mitt Romney. Never mind that he authored the forerunner to ObamaCare (RomneyCare) or that he was a political chameleon (does anyone seriously think he made a principled change, as opposed to a political calculation, on abortion when it was time to run in 2008?). No, Romney was “electable” and by gosh, it was “his turn.”

Much of the destructive foreign policy of the Obama administration was right in line with what Romney said he would do. Romney had no problem with the NDAA, Guantanamo Bay, the secret kill list, or renewing the Patriot Act, therefore; these areas which were ripe for criticism were off the table. Other than the question of defense spending, they seemed to both have identical policies concerning Iran acquiring a nuclear weapon and both pledged they would “stand with Israel”…whatever that means. In the foreign policy debate, the moderator handed Romney a golden opportunity to go after Obama on the recent terror attacks but decided not to do so. On another occasion, Romney did casually bring up Fast and Furious in response to a question about gun control but didn’t ask Obama some of the hard hitting questions many Americans were dying for Romney to ask.

On domestic issues, Romney allowed his opponents to define him as an out of touch millionaire who didn’t care about the 47% of the people he determined wouldn’t support him. Romney did a very poor job of defending free market capitalism* in general and his record both as governor and as a businessman in particular. When asked about the alleged gender pay gap in one of the debates, rather than explaining that the statistic doesn’t actually compare women and men of comparable occupation or work experience he said he asked for “binders full of women” from which he picked to be in senior positions when he was governor of Massachusetts. The Democrats took that line and demagogued** the hell out of it and made it part of their “war on women” mantra. If Romney didn’t want to go through the trouble of explaining why the gender pay gap is a myth, he could have respectfully asked Obama why the women on his staff and why female staffers for Democrats in the Senate are paid far less than their male counterparts. Another hanging curveball that Romney didn’t even take a swing at.

The Romney campaign was ultimately a campaign of missed opportunities; a campaign in which the candidate failed to make the case that he would be a better alternative to the incumbent. When asked how his “numbers would add up” concerning his economic policy, his answer was basically “trust me, the numbers add up.” Barack Obama could get by with his slogans and his platitudes as MSM dutifully filled in the details. But to run against an incumbent who the MSM clearly supported, the challenger apparently made the mistake that the MSM would do the same on his behalf. When you are running against an incumbent and the MSM, you better understand that you have to explain your positions yourself (particularly in the debates) rather than hope others will carry your message for you.

*Though really, I’m not sure how much Mitt Romney really believes in free market capitalism given his desire to start a trade war with China.
** Frankly, I never quite understood what their criticism was in this instance. Was it just that “binders full of women” sounds funny?

Part 2

Fast and Furious was not botched

I’ve officially lost count of the number of times I’ve heard or read a media source assert that Operation Fast and Furious was botched. It wasn’t. It did exactly what it was designed to do: put American guns in the hands of criminals so they could terrorize and kill innocent Mexicans with them and get caught doing so. When they were caught, the guns would be traced back to American gun shops “proving” that smuggling was a huge problem that had to be solved by any means necessary.

Were it not for the whistleblowers, the Obama administration would have built a gun control propaganda campaign upon a pile of dead bodies–exactly has they had planned to. Every single dead body was the result of things going right in the operation, not wrong.

So, why is the media continuing to insist that it was botched? Simple. It allows them to keep the truth of the Republican investigation out of the narrative. They can frame the investigation as looking into a mistake, like so many others. In reality, it’s an investigation looking at the administration’s clear intent to sacrifice innocent and unwilling lives for its own political agenda.

When you hear the word botched, know that it’s an attempt to weave a tale of incompetence when the real story is one of evil.

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.”

Double Standards

Now, I’m not one to regularly bang the feminist drum around here… But this is f’ing ridiculous:

Officer Sashay Brown returned to work in May after having her second child. At first, she worked a desk job. Soon after, though, she was forced to patrol the city streets under a new department policy that was meant to force officers who had made dubious claims of health issues back to the street. The Washington Examiner first reported the new policy last week.

“Because of my condition, I am unable to wear my [bulletproof] vest,” Brown wrote in her June 12 request to be detailed back to her station on limited duty. “Wearing my vest is extremely painful and could clog my ducts and slow down the production of my milk supply.” She was then checked out by a department doctor, who advised that Brown be given a limited-duty desk job.

In a June 24 memo to Brown, medical services branch director William Sarvis wrote, “I have reviewed your case and determined that you will not receive authorization to participate in the limited duty work program.”

Sarvis said that until department doctors determine Brown is fit for full duty, she’d either have to take sick leave, or unpaid leave if she didn’t have sick days left.

I’ve been known to offer criticism for some police policies, such as the paid vacations administrative leave that officers often get placed on after shooting someone in a questionable fashion. Or, of the viability at all of public sector unions that work to allow “spiking” of pensions to ensure that officers retire at higher pensions than they ever received in salary. That goes without even getting into the militarization of police in the drug war and the “thin blue line” mentality towards whistleblowers that seems to pervade the industry.

I just don’t understand how you can have a workplace where all that goes on, but if a woman who wants to continue working, and has been advised by the department’s own doctor to go on limited duty, she gets told she has to take sick time or unpaid leave.

I simply can’t imagine such a double standard to be evidence of anything other than outright discrimination.

My family and I spent the past weekend with some friends in northern California, both of whom are police officers. We were discussing work, vacation time, etc, and the husband asked me how my employer accounts for sick time, and I told him that sick time is paid, accounted for separately from vacation time, and generally not really worried about unless someone abuses it to the point where it needs to be addressed. His response: “At least in the private sector you’re allowed to address it. We have some guys taking the max 25-30 days sick every year and can’t do a thing.”

I’m sure the new department policy in this case was put in place to crack down on people abusing the system — something that likely has been going on for many years. Applying the policy in what appears to be such a tone-deaf discriminatory manner is not likely to win them any PR points, and might get them slapped with a lawsuit. Well done, morons!

Will Individualized Medicine Increase Health Inequality?

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?

Auto Bailout; Can’t Prove A Counterfactual, But You Can Infer

So the big debate is whether the gov’t should sell their post-IPO shares in GM. At current prices, they’d [unsurprisingly] be losing money on the sale, compared to the amount put up in the bailout.

So we have to ask — was it worth it? To determine that, we can’t base our entire calculation on the return of the bailout. A bailout is offered with the expectation that you might not get *any* return — you bail to prevent the craft from sinking; anything else is gravy. So to determine the worth of the bailout, we have to ask what would have happened in the absence of a bailout. Thankfully, the Center for Automotive Research released their prediction back in 2008:

Researchers at the Center for Automotive Research (CAR) in Ann Arbor, Michigan, estimate the impact on the U.S. economy would be substantial were all—or even half—of the three Detroit-based automotive manufacturers’ U.S. facilities to cease operations. The immediate shock to the economy would be felt well beyond the Detroit Three companies, negatively impacting the U.S. operations of international manufacturers and suppliers as well. Nearly 3 million jobs would be lost in the first year if there is a 100 percent reduction in Detroit Three U.S. operations.

“Our model estimates that a complete shutdown of Detroit Three U.S. production would have a major impact on the U.S. economy in terms of lost wages, reductions in social security receipts, personal income taxes paid, and an increase in transfer payments,” said Sean McAlinden, CAR chief economist and the study’s leader. “The government stands to lose on the level of $60 billion in the first year alone, and the three year total is well over $156 billion.”

Yikes! Sounds bad!

But would the automakers “cease operations”? Would they disappear into an economic black hole, never to be seen again, with only confused and unemployed UAW workers left behind like the un-Raptured masses?

Or would they, as Warren of Coyote Blog suggested way back when, be freed from working for an unproductive corporate environment and re-deployed in ways that their contributions will actually generate value?

So what if GM dies? Letting the GM’s of the world die is one of the best possible things we can do for our economy and the wealth of our nation. Assuming GM’s DNA has a less than one multiplier, then releasing GM’s assets from GM’s control actually increases value. Talented engineers, after some admittedly painful personal dislocation, find jobs designing things people want and value. Their output has more value, which in the long run helps everyone, including themselves.

I can’t find the specific post, but he has another where he suggests that if GM were even to face liquidation, it would not entail the loss of GM’s assets, much of its workforce, or its supply chain. The failure of GM [or Chrysler] would be painful, but fundamentally going through a serious bankruptcy [and/or liquidation] would free GM from its worst corporate problems, possibly returning them to a point where they actually generated value from their operations rather than losses.

Liquidation, of course, is the worst-case scenario. And there were plenty of folks suggesting that liquidation was impossible in the 2008-2010 era, because credit markets had seized and there was NO way anyone in the world would have the capital to buy up assets. But is it true?

Nope. Not at all. You need look no farther than Nortel. Nortel was a MAJOR telecommunications company, existing in one form or another since the late 1800’s, back in the days of the first telephone. It was built into an absolutely enormous conglomerate during the technology boom of the 1990’s, but like many companies in that sector, fell on hard times after the tech crash. They fought through bailouts in 2003 and 2009, but ultimately they declared bankruptcy right in the heart of the credit crunch, hoped to escape intact, but eventually had to go through liquidation. Between then and today, Nortel has basically ceased to exist. A look at the Wikipedia page for the liquidation results suggests that seized credit markets didn’t exactly stop them from finding buyers for their assets.

As an engineer who has dealt with what used to be Nortel and is now a collection of disparate companies that have purchased their assets, I can attest that Nortel has not “ceased operations”. That’s not to say that the changes over the last few years have been pain-free. There has been dislocation, there have been layoffs, and from my discussions with former Nortel employees as well as being a supplier, many things have changed. Fundamentally, though, Nortel’s business units are still in operations under different names. Many Nortel engineers are still employed within the same organization, only with a different letterhead on their business card. And as a supplier, I can say that the disruptions at Nortel have not put all of their suppliers out of business. Being a supplier has become more difficult in many ways — largely because the companies that bought Nortel units are run more efficiently than Nortel was, and this means that supplier competition is tougher — but that is fundamentally a good thing.

Would the experience of Nortel be the same as a potential GM or Chrysler bankruptcy? Obviously, it’s impossible to prove a counterfactual. But that also doesn’t mean that we should accept the claim that bailouts “saved the US auto industry” at face value. Had GM or Chrysler gone bankrupt, it’s likely that their various brands would have been picked up on the open market at various discount rates. Some might have been purchased for their own brand value, others might be purchased to use their factories and design engineers to produce vehicles under different nameplates.

One thinks, then, that the fear was not that the American auto industry would evaporate. The fear, instead, was that the psychological pride of having the “Big Three” would disappear. They didn’t care about jobs, they cared that Americans might be employed working for Toyota rather than for GM. It was nationalism, not economics, that drove decisions. As a result, the US taxpayer is going to prop up a manufacturer with a history of failure and little incentive to change (since one bailout can easily become two or three) solely in order to be able to say that GM still exists. You didn’t save an industry, America. You saved your ego.
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Quote Of The Day

Why we should go after the online poker vendors:

There are plenty of victims of (allegedly) illegal online poker, starting with the desperately-short-of-cash federal and state governments which are deprived of all the taxable revenue ($3 billion, say the feds) from the now-suspected operations. And just ask casino and horse racing executives what they think of the way online poker operators have taken advantage of Congressional fecklessness on the topic.

I can just imagine the response: “It cost a lot of good goddamn lobbying money to to set up these legal gambling monopolies, and now these poker sites want to get in on the action without ponying up the green? F’ em.”

Oh, that’s actually the response from Congress. My bad.

A modest proposal

Following along the lines of Glenn Reynolds’ proposal of a 50% surtax on the earnings of former government officials, here’s my modest proposal for our elected officials:

For 10 years after leaving office, each elected official shall pay the highest income tax rate for which he cast a “yes” vote. Same goes for a president signing a tax rate into law.

If Nancy Pelosi cast a vote to raise the top income tax bracket to 75%, *she* would pay 75%. If Harry Reid voted for a top tax bracket of 55%, *he* would pay 55%.

Why should we allow our legislators to demand sacrifices of innocent citizens that they are not willing to make themselves?

Quote Of The Day

I posted yesterday about Bernard von Nothaus of the Liberty Dollar being convicted. I definitely think the fact support a guilty verdict on the charge of “issuing and passing Liberty Dollar coins intended for use as current money”, but some of the others seem quite a bit ridiculous, such as “conspiracy against the United States”. I think this was more fraudulent than conspiratorial…

…but it appears that the US Attorney doesn’t agree. She seems to think this is a lot more important than the rest of us… And what she says here [on the FBI press release, no less] is chilling:

“Attempts to undermine the legitimate currency of this country are simply a unique form of domestic terrorism,” U.S. Attorney Tompkins said in announcing the verdict. “While these forms of anti-government activities do not involve violence, they are every bit as insidious and represent a clear and present danger to the economic stability of this country,” she added. “We are determined to meet these threats through infiltration, disruption, and dismantling of organizations which seek to challenge the legitimacy of our democratic form of government.”

Really, Anne? Really? You’re going to throw around terms like “domestic terrorism” over this? For as much as I disagree with what von Nothaus was doing — profiting off of those who feel your fiat currency, backed by nothing more than a promise, is on the verge of a potential collapse — he wouldn’t have such a big market to sell to if the Fed wasn’t doing everything in its power to undermine the legitimacy of the US Dollar every day.

Every day the government’s inflationary policies erode the value of the US Dollar, stealing the wealth of people who have worked their butts off to earn those Dollars. While I think what von Nothaus was doing was fraudulent, I think I’m beginning to agree with those who have used the old adage to explain why you chose to go after him: “Don’t steal. The government hates competition.”

Playing the World’s Smallest Violin for Rep. Charlie Rangel

Via CBSNEWS.com:

A House ethics committee subpanel today found Democratic Rep. Charlie Rangel guilty of 11 of the 13 charges of ethics violations against him.

The panel, composed of four Democrats and four Republicans, emerged after private deliberation to announce their findings.

[…]

The subpanel will now submit its findings to the full ethics committee, which will schedule a public hearing to determine the appropriate sanctions to take against the longtime New York representative. Whatever action they decide on during the sanctions hearing will then go to the full House of Representatives. The committee could go so far as to recommend expelling Rangel, but that would be unlikely. Other possible sanctions include a House vote deploring Rangel’s conduct, a fine or a denial of privileges.

[…]

The hearing to consider the charges against Rangel began yesterday, but Rangel walked out of the proceedings in protest because he has been unable to acquire legal representation. Rangel’s legal team dropped the case this fall, reportedly after disagreements with Rangel over their defense strategy, and the lawmaker insists he neither has the money to find new counsel nor the time to set up a legal defense fund. By walking out of the hearing, Rangel chose to leave the evidence in the case against him unchallenged.

“I truly believe I am not being treated fairly,” Rangel said yesterday.

Poor Charlie. Here’s a tax and spend Leftist who lectures “the rich” to pay “their fair share” but when he gets busted for failing to properly file – well, he was just being “sloppy.”

I’m sure there’s a good number of people who were “sloppy” with their tax returns who couldn’t afford to pay for a good lawyer either. I’m also quite certain that most of these people have to worry about much worse consequences than to be censured by their colleagues (censure = “Shame on you, you’ve been a very naughty boy!”).

But as we all know, the rules are just different for the Washington elite because some people are more equal than others.

Tweet Of The Day

@ezraklein

Downside of #topsecretamerica: It’s watching everything you do. Upside: It doesn’t know what it’s seeing.

I believe that’s intended to be reassuring. What I’m not sure Ezra understands is that this is probably WORSE, because it’s less likely to be indiscriminately applied. Rather, it’s far more likely to be abused for political or personal ends.

Think of it this way. Let’s say you’re an average joe who gets a bit creative on your income tax return. You casually invent a few things, casually omit a few things, and end up maybe increasing your refund by $1K. All this data probably won’t mean that you’ll get caught for your transgression. You can go about your merry way without worry, because the government doesn’t have the ability to filter out and recognize based upon all the data that reality isn’t congruous with what’s on the form.

But let’s say that there’s a reason for government to target you. Let’s say, for example, that you’re a political blogger who is a thorn in the side of one of your state legislators. That legislator has a few connections. They work to mine the data looking for something to damage your credibility. All of a sudden they find that your weekly golfing buddy just happens to have 2nd-level connections to guys who are tied to fundraising for an Islamic “charity” group that’s on the state department list of terrorist groups. And you’ve become acquainted with them through email, facebook, etc. All of a sudden it doesn’t matter that you barely know these guys, it doesn’t matter that those guys think they’re contributing to a charity helping people. All of a sudden you get blindsided by rumors that you’re tied to terrorist groups, and have to dig out of that with your extended family, your neighbors, your boss, etc.

I’m not saying this is an exceptionally likely scenario. But all this data ensures that if someone in power has a reason to target you, they can find something that you’ve done wrong, or manufacture enough circumstantial evidence to destroy your reputation. The mountains of data probably won’t help them find you — government isn’t competent enough for that. But if they know you and hate you, the mountains of data will give them all the ammunition they need to destroy you.

Venezuela: Ruled By A Complete Madman

If it wasn’t already evident that Hugo Chavez is a complete madman, the exhuming of the long dead revolutionary Simon Bolivar should prove that to you:

(Reuters) – Venezuela exhumed the remains of 19th century independence hero Simon Bolivar on Friday and will test them to see if he was poisoned by enemies in Colombia.

Venezuelan President Hugo Chavez rejects the traditional account that Bolivar, a brilliant Venezuelan military tactician who freed much of South America from centuries of Spanish rule, died of tuberculosis in Colombia in 1830.

He insists Bolivar was murdered by a Colombian rival, and Venezuela’s newly inaugurated state forensics laboratory is taking as its first case the death of the hero some call Latin America’s George Washington.

The insanity continues considerably with Chavez’s ramblings as he seems to orgasm and faun over the skeleton of Bolivar:

“What amazing moments we have lived tonight! We have seen the remains of the Great Bolivar,” Chavez wrote on his Twitter account, @chavezcandanga, after the casket was opened before dawn.

“My God, my God … my Christ, our Christ … I confess we have cried, we have sworn. I tell them: this glorious skeleton must be Bolivar because you can feel his presence. My God.”

This is sick stuff. Meanwhile, the Hard Left in the United States has been acting in accordance with this sick puppy as he utilizes populist sentiment to expand power and enrich himself. Food is being rationed for the Venezuelan people while Chavez, who had a very trim figure in his revolutionary days, is well fed and plump.

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