Category Archives: Legal

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

In light of the recent white paper release by the DOJ concerning the Obama administration’s drone policy, I thought it would be apropos to repost a post I wrote back in November 2011 entitled: Are You or Someone You Know a Victim of the Drone Mentality? I think it’s very telling how little interest there was by the MSM in reporting the drone policy until the Chosen One was safely reelected. The “anti-war” Left was also fairly quiet for the most part (Glenn Greenwald and a few others excepted).

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.

Maybe its Immigration Policy That is the Problem?

Immigration, especially of the illegal variety, is one of those important issues that is difficult to have a rational discussion about. The discussion quickly devolves into the need to “secure” the border with a wall or fence…at least on the Southern border (the Northern border is more porous but I don’t recall the last time anyone mentioned anything about building a wall or fence there). Though a fence probably would slow down illegal border crossing somewhat, all a determined border crosser needs to get over a 20’ wall is a 21’ ladder (or a shovel and a great deal of patience). Of course a fence would have zero impact on those who overstay their visas.

Most opponents of illegal immigration say that before any reforms to immigration policy are made, the border needs to be secured (the points mentioned above notwithstanding). I happen to think they have it backwards. If anything, immigration policy should be focused on those who are here already. The idea that every single illegal immigrant can be rounded up and sent back to their country of origin is absurd. There are simply too many of them.

I think the important question that should be asked is: why aren’t these illegal immigrants not going through the immigration process legally? Why would so many people risk everything to pay a Coyote to sneak their families over the border when there is a process in which they can legally immigrate to the U.S.? What part of “legal” immigration don’t they understand?

This infographic (click on the image to enlarge) by Reason does a great job illustrating just how difficult going through the U.S. immigration process is (for the rest of us who don’t know).


Maybe if the immigration process was a little less of a cumbersome, bureaucratic nightmare, maybe fewer people would break the law in coming here.

Take Back Your Government

Tuesday night, I spoke before the Bonner County Republican Party Central Committee (all elected county officials in Bonner county are Republicans right now), in support of a resolution (which I had a small part in writing) supporting the second amendment and:

“Strongly urging” the county commission (all commissioners are Republicans) to enact an ordnance

1. Declaring all federal firearms laws in violation of the second amendment

2. Requiring the Sheriff (also a Republican) to refuse to enforce, or allow to be enforced, and to prevent enforcement in the county; any laws abrogating, violating, or substantially limiting our natural and pre-existing right to keep and bear arms for defense of self and others.

This resolution was adopted by acclimation by the county party, and was forwarded to the Idaho state Republican party, so that they can include it (and the similar resolutions of all 44 counties in the state) in the statewide resolution of the Idaho Republican party (which will be substantially similar):

Quote:

A Resolution of the Bonner County Republican Central Committee to be known as
The Second Amendment Resolution

WHEREAS, The United States Constitution guarantees the natural and pre-existing right to keep and bear arms, and

WHEREAS, Only laws made “in Pursuance of” the Constitution are deemed valid, and
WHEREAS, The State and The People of Idaho possess and retain all powers not granted to the federal government, including the powers mentioned in the ninth and tenth amendments to the Constitution, and

WHEREAS, Bonner County being a duly recognized political subdivision of the state of Idaho, has the authority of the State of Idaho to honor Constitutional laws and disregard laws not made “in Pursuance of” the Constitution,

BE IT RESOLVED THAT, The Bonner County Republican Central Committee strongly urges the Bonner County Commissioners to enact the following Ordinance; following the example of the Founders and many States, Sheriff’s and local jurisdictions throughout the United States to wit:

AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.”

To prevent federal infringement of the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.

THE BOARD OF COMMISSIONERS OF BONNER COUNTY DO ENACT AS FOLLOWS:

SECTION 1: The Bonner County Board of Commissioners finds that:

A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

B. All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment

SECTION 2: PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS

A. The Bonner County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States, are not authorized by the Constitution of the United States, and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.

B. It shall be the duty of the Sheriff of this County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.

SECTION 3 EFFECTIVE DATE

A. This act takes effect upon approval by the Bonner County Board of Commissioners

We have been winning this issue on the federal issue for a number of years. With Heller and McDonald; and the great work of Alan Gura (of Gura and Posesskey), Alan Gottleib of the Second Amendment Foundation, the NRA, JPFO, and others; we are going to keep winning this in federal courts.

But we have to do more. We have to make it clear that we will no longer accept the ratcheting violation of our rights and our liberty.

Further, the most restrictive laws, and the biggest dangers aren’t at the federal level; they’re state by state, and in some cases city by city. The way to win the country is to win state by state. The way to win each state, is to win county by county, and city by city.

We need to win these issues locally. We need to take back our government.

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

“Common Sense” Legislation to Curb Gun Violence?

Like most people who value individual liberty, I listened to President Obama’s speech about reducing gun violence with a great deal of trepidation. He presented several ideas such as limiting the size of magazines to 10 rounds, banning “military-style assault weapons” (i.e. any gun that looks scary to progressives who know almost nothing about firearms), and “universal” background checks for anyone trying to buy a gun just to name a few “common sense” reforms. In so many words he basically said that anyone who doesn’t favor these proposals is getting in the way of preventing future gun violence (Why even St. Ronald Reagan was even in favor of some of these proposals!)

One point of particular irritation for me is this notion being promoted by the Left that AK-47’s and other “weapons of war” should not be made available to “civilians.” President Obama rightly pointed out that these weapons with these magazines “ha[ve] one purpose: to pump out as many bullets as possible, to do as much damage using bullets often designed to inflict maximum damage.”

Well if we civilians do not “need” these weapons, why should the police have them? Someone correct me if I’m wrong, but aren’t the local police also considered “civilian”? (i.e. civilian law enforcement). Why do the police “need” these awful “weapons of war” which “inflict maximum damage” to serve a warrant for a late night drug bust?* If everyone else should be limited to certain weapons with magazines containing 10 rounds or less, they too should be limited to what weapons are permissible (or at the very least, what situations these weapons should be used). To suggest otherwise would be to suggest that the police are “at war” with the “civilians” since war is all these weapons are good for.

As some who are critical of the president’s approach have correctly pointed out, these reforms would not have prevented the killing at Sandy Hook Elementary. Obama and his allies like to say “if these proposals save only one life…” but they fail to recognize that these reforms might save one life in one situation but might cost a life in another situation (such as a home invasion; the homeowner runs out of rounds due to smaller magazine capacity etc.). Most, if not all of these reforms are meaningless measures to prevent guns from falling into “the wrong hands” (at best) so that the president can say he’s “doing something” to prevent mass shootings.

Some of these proposals do seem reasonable based only on the broad outlines (as always, the devil is in the details). I don’t have a problem with person-to-person background checks** in the abstract. Why shouldn’t an individual be subjected to the same background check as when buying from a gun dealer when s/he is buying from someone who posted his firearm on Craig’s List? I would think that the seller would want to have the peace of mind and/or limit any exposure to liability for any misuse of the firearm.

There are many proposals that are being floated that need to be thought through rather than rushed through to score cheap political points. These proposals go well beyond the 2nd Amendment into areas such as free speech (i.e. censorship), doctor/client privilege (privacy), state’s rights, and more. I do think that we supporters of the right to bear arms need to try to offer up some “common sense” solutions of our own to reduce illegitimate force that either enhance liberty or at the very least, do not tread on the liberties of others.***

» Read more

“That’s a Violation of My Privacy!”


In Little Canada, MN the police are trying to argue that Andrew Henderson violated HIPPA (federal healthcare privacy law) when he recorded a police interaction with a third party which required an ambulance. His camera was confiscated, the file was deleted (according to Henderson), and is being charged with “disorderly conduct” and “obstruction of the legal process.” How filming the police from 30 feet away qualifies for either charge is beyond me.

Hat Tips: The Agitator (for the comic strip) and The Drudge Report (for the Little Canda story).

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

Part 2

Did Voters Reject Capitalism?
Some on the Right have said that the 2012 election was a rejection of Capitalism. I’m not entirely sure I agree. Yes, there seems to be a large percentage of the electorate who want money to be taken away from the top 1 or 2% and redistributed to the remaining 99 or 98%. Yes, more people are reliant on some sort of government check than ever before. Is it possible that there was some other reason voters rejected the alternative Barack Obama in this election?

The answer to this question, I think, has more to do with where conservatives come down on certain divisive social issues. The rhetoric on issues like abortion and gay marriage for example have alienated certain people who agree with Republicans on taxes and spending may have otherwise voted for the Republican candidate. For voters who decide these issues are at least as important as economic issues, they either support Obama, support Gary Johnson,* or don’t vote at all.

Anti-choice Extremism of Suck
To be fair, abortion is an issue that even divides libertarians. Sadly, this is not an issue that is likely to disappear anytime soon.** But the way Republicans present the issue needs to change unless they want to continue to chase away the female vote. I don’t think it’s even necessarily about abortion per se but more the cavalier attitude some Republican politicians seem to have about anything concerning women’s reproductive cycles.

While it’s reasonable to say that the government should not force insurance companies to pay for contraception, when someone like Rush Limbaugh calls someone like Sandra Fluke a slut or a prostitute, for advocating the opposite view, this distracts from the argument. There has always been a double standard in our society concerning sex. Men are studs for putting notches on their bedposts while women are sluts for doing the same. Comments like these remind women of this double standard and make it seem that Republicans have not moved beyond this double standard.

They refer to the “morning after pill” (marketed as Plan B) as an “abortion pill” when in fact it is not. In fact, according to this article on WebMD the morning after pill doesn’t work for women who are already pregnant (that’s a different pill). The article further explains that the pill does one of two things depending on where a woman happens to be in her cycle when the pill is taken: 1. prevents or delays ovulation or 2. keeps the egg from being fertilized. Some may also recall that Ron Paul, who was arguably the most anti-abortion candidate in the race and someone who was an obstetrician by trade (i.e. he knows what he’s talking about) said as much in one of the debates when the morning after pill was brought up. Anyone who says the morning after pill is an abortion pill is either uninformed or lying.

You have Republican men like Todd Aiken talking about “legitimate rape,” basically saying to women who are real victims that if her body didn’t “shut that whole thing down,” they weren’t really raped to begin with, therefore; there shouldn’t be a legal exception for rape to allow for an abortion. Another senate candidate, Richard Mourdock, said that a pregnancy that is the result of rape is “a gift from God.” Seriously.

Whether they realize it or not, Republicans are basically saying that pregnant women are second class citizens. For nine months, her rights are second to the concern of the unborn child regardless of the circumstances of how the child was conceived and regardless of legitimate health concerns of the mother. It should come to no surprise that some women might object to these attitudes and vote accordingly.

The issues concerning reproductive rights are delicate but often not treated as such among Republicans. Maybe just maybe, the GOP should allow the women to be the spokespersons on these issues, even if they are staunchly anti-choice. Instead of a blanket one size fits all federal policy outlawing abortion; the GOP should say the issue should be decided state-by-state.

Anti-Gay Attitudes of Suck
Face it Republicans, gays are serving in the military and they will eventually have the ability to get married in all 50 states. The train has left the station a long, long time ago. You can concede that you have lost on this issue or you can continue to take a beating at the polls, and deservedly so.

So what’s a socially conservative person to do?

No one says you have to like the gay lifestyle. Go ahead and preach from your tax exempt pulpit about the immorality of homosexuality. Go ahead and write blogs or write on your Face Book wall about how much you disapprove. Whatever. It’s your right to be as intolerant as you want to be.

The problem for libertarians at least is when you want to use force via the government to get your way. Libertarians would also say that churches should not be forced by the government to marry gay couples (or any couple for any reason for that matter). Let the churches discriminate but also allow gay couples to have the same legal contract*** rights as heterosexual couples. And if a gay couple can find a church that will marry them, that should be the end of it. Who are you to infringe on their religious liberty?

Conclusion: Slaying the Suck
The days of appealing only to white Christian men over 50 are coming to an end as white Christian men over 50 are quickly becoming a minority. The Republican Party must learn to reach out to minorities, to women, and to younger voters.

Sure, Republicans had minorities speaking at their convention and I’m not accusing the GOP of tokenism (though I’m sure others, particularly on the Left will make that charge). But it simply is not enough to have Condoleezza Rice, Susannah Martinez, and Marco Rubio in the party to say that you are “inclusive.” Minorities need to be included in the conversation, heard as opposed to talked at. How are your policies better for them than the Democrats’?

Ask yourself: “If I were female, Black, Hispanic, Asian, Native American, Muslim, atheist, or gay, would I feel welcome in the Republican Party?” If the answer is “no,” the Republicans have some serious work to do if they want to win in the future. While none of these minorities in of themselves cost Romney the election, together they make up a significant voting bloc that would be foolish to ignore.

Some of the issues I have mentioned in this series are popular within the GOP but don’t necessarily play all that well outside the GOP (i.e. independent voters). This doesn’t mean surrendering their principles necessarily but it does mean re-thinking some of them, presenting their ideas better, and deciding which issues are worth fighting for and which (if any) need to be jettisoned.

While some people may have liked Mitt Romney’s economic proposals, they may have also disliked his social proposals. The problem with supporting a candidate for office is that the person you are voting for is a package deal. Some of us are simply unwilling to choose between economic liberties and civil liberties (and when the Republicans are only marginally better on economic liberty than the Democrats AND when Democrats are only marginally better than Republicans on civil liberties, some of us prefer the real deal and vote Libertarian).

In closing, I think Rep. Ron Paul had some very good thoughts in his farewell speech from the House that would serve as a guide on how the Republican Party can slay the special kind of suck that gave a terrible president a second term:

The problem we have faced over the years has been that economic interventionists are swayed by envy, whereas social interventionists are swayed by intolerance of habits and lifestyles. The misunderstanding that tolerance is an endorsement of certain activities, motivates many to legislate moral standards which should only be set by individuals making their own choices. Both sides use force to deal with these misplaced emotions. Both are authoritarians. Neither endorses voluntarism. Both views ought to be rejected.

Yes, these views ought to be rejected and the GOP should return to the strategy they used to win in 2010: economic issues front and center and social issues on the back burner.

*I am proud to say I was one of the 1% or roughly 1 million who supported Gary Johnson for president. Though in terms of the election is a small number but set a new record for the Libertarian Party.

**Call me cynical but I think both Republicans and Democrats want abortion to always be an issue for fundraising reasons. This is an issue that animates the bases of both parties.

***Don’t waste my time with the slippery slope arguments “that if gays can marry what’s next, people marrying their dogs?” or “marry children” or “marry their cars.” The key here is contract rights. Dogs, children, and cars all have one thing in common: none have the legal ability to enter into a contract.

The Modern Republican Party is a Special Kind of Suck (Part 2 of 3)

Part 1

Confusing Economic Policy of Suck
I’m sure there are many other areas where Romney went wrong but I think most of the rest of this special kind of suck is courtesy of other Republicans. During the Republican primary, the “anyone but Romney” crowd was so desperate to eliminate Romney that they resorted to a line of attack one would expect to come from Democrats. Many Republicans seem to forget that the attacks against Romney concerning Bain Capital were first leveled by Newt Gingrich and Rick Perry at campaign rallies, in the primary debates, in their campaign ads, and in anti-Romney super PAC ads. Perry called Romney a “vulture capitalist.” The Obama campaign picked up this line of attack where Gingrich and Perry left off. In swing states like Ohio, this message had basically been pounded since before the state’s primary and never let up for the rest of the campaign.

Once charges like these are made by Republicans who are supposed to be proponents of free market capitalism, it’s kind of difficult for people who actually understand how the free market works to explain why business practices employed by Bain Capital are not only legitimate, but also necessary. In this Occupy Wall Street era we live in, there seems to be an attitude that no one is ever supposed to lose his or her job and that every job is not only necessary but equally valuable.

Companies like Bain invest in businesses in trouble and try to make them profitable. In making a business profitable, sometimes this means that some people are going to lose their jobs. Like a doctor who is trying to save the patient’s life, sometimes a limb needs to be amputated. No one wants to lose an arm or a leg in such a scenario but most who face such a dilemma would rather lose an arm or leg than lose his or her life. If the amputation is done soon enough and correctly, the patient lives. Other times, however; even despite taking such drastic measures, the patient still dies. The same is true for some of the companies Bain tried to rescue. Of course no one wants to think of themselves as a limb that needs to be amputated in order to save their company*.

Immigration Policy of Suck
In addition to the mixed messages concerning Capitalism, the Republican Primary debates took on a very harsh tone concerning immigration. Any candidate who suggested that the idea of rounding up each and every illegal immigrant was impractical and that perhaps deporting individuals who were otherwise productive members of our society, said candidate would be accused of advocating “amnesty” – a four letter word among conservative Republicans.

Such harsh anti-illegal immigration rhetoric carried over into the general campaign when President Obama (rightly, in my view) made an executive order to allow individuals who were brought here illegally as children under the age of 16 to stay and have temporary work permits. This was an outrage among Republicans because, you know, the law is the law.

As Gary Johnson pointed out on several occasions during the campaign, while it’s true that we live in a nation based on the rule of law, too many Republicans fail to understand that the laws are changeable. And as I pointed out at the time, when there are more than 27,000 pages of federal law on the books with over 4,500 criminal laws, this necessarily means that any president would have to prioritize and choose which laws he will enforce and which he will not. When the number of laws is this numerous, it’s the same as having no rule of law at all.

Immigration is an issue the GOP needs to figure out and figure out quick as the Hispanic population will become an increasingly major factor in future elections (even GOP strongholds like Texas might eventually turn blue due to this demographic reality). Should we be surprised that the Hispanic population overwhelmingly supported Obama over Romney given the rhetoric?

It’s time to reexamine the notion that the border should be secure first before any comprehensive reforms are made. I think this is exactly backwards. If the legal immigration process wasn’t such a bureaucratic nightmare to begin with, I doubt seriously that illegal immigration would remain an issue.

This much needed debate** is not going to be very productive if every time someone proposes something other than building a 20’ tall fence along the Southern border, checking ID’s of everyone with brown skin, and rounding up every illegal immigrant regardless of circumstances, s/he is accused of promoting amnesty. Even more importantly, whatever the GOP decides immigration policy should be, they need to soften their tone and be mindful that we are talking about human beings here. I think it’s safe to assume that just about every legal immigrant (especially from Mexico) has at least a few family members who are here illegally. They do not like to think of their relatives as “invaders” who need to be rounded up. These people vote too.

*And I’m writing as someone who has been the limb being amputated. Just a couple of years ago, it was my department that needed downsized to save the company…at Christmas time no less. I’m happy to say that the downsizing measure did in fact save the department and six months later, they called me back and have been working there ever since.

**Doug and Kevin have each offered up some ideas for immigration reform that I think warrant consideration.

Part 3

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

The Basic Premise Behind Campaign Finance Laws

A great deal of ink (or film, or bits) has been expended this election cycle, primarily on the far left (though some on the right… particularly with the more populist factions), decrying the actions of “independent” political action committees, superPACs, and “issue advocacy groups”; as somehow corrupt, evil, anti-democratic etc..

The rhetoric on the left, is that the “citizens united” decision has basically given “shadowy actors” like say, Karl Rove and the Koch brothers, effectively a blank check to “buy elections”.

Of course, the idea that we need to “get the money out of politics” has been a political meme for approximately as long as politics has existed…

… and to a degree, there is a point there. ACTUAL political corruption, in the sense of directly buying influence or buying votes; is certainly something we need to combat as much as possible.

We’ll never eliminate it of course, humans have an endless capacity for venality, greed, and self interest. That’s just the way it is…

Frankly, the only way to get money out of politics; is to get politics out of money.

By which I mean, that so long as politics has an impact on my business and my life (and it always will); if I have money, I’m going to have a strong incentive to spend it, to make the political process work to my advantage… Or even just to hurt me less.

And that’s the way it SHOULD be… I SHOULD be able to spend my money to reduce the harm that government does to me, or to try to make government come out to my advantage; so long as I am not actually bribing a legislator to vote the way I want, committing fraud etc…

There’s a simple way of combating this; and that’s reducing the power of government to impact the individual, such that they no longer have any incentive (or really, so that their incentive is lower… since you’ll never get that little political interference) to spend their money in that way.

But that’s not what these folks are decrying from the hilltops.

What they are screaming about, is essentially free speech they don’t like.

Make no mistake, money IS speech. If you don’t have money, you can’t buy media air time. If you can’t buy media air time, then you can say whatever you want, but you’ll be speaking to an empty room.

One of the basic principles of free speech, is that you have the right to say whatever you like (short of libel, slander, fraud, or incitement to crime); so long as you are not infringing on others rights by doing so.

Another one of those basic principles is that you have the right to say it… But I don’t have to listen to it, and you don’t have the right to make me.

It’s up to me, to decide who and what I listen to, and to use my own judgement and experience in doing so.

So, you may not like what these people are saying; but so long as media companies are willing to sell them airtime, you have no right to restrict that. By attempting to do so, you are attempting to regulate free speech (conversely, you also have no right to force those media companies to sell time to opposing viewpoints; another leftist canard about “fairness”).

Makes sense right?

Well, it does to me… and to the supreme court; and when it’s causes that leftists agree with they’re perfectly OK with it.

The REAL argument, comes down to this:

“We can’t allow these bad evil people and groups to speak, because although I’m smart enough to know the difference between lies and truth, the general population are too stupid to do so”

So, rather than actually convince the people of their own side of the argument, they seek to prevent the other side from even speaking.

It’s entirely consistent with the historical leftist narrative that the “proletariat is fooled by the comfortable goods of the bourgeoisie and the lies of the ruling class” etc… etc…

Their basic premise here being that if the people could only hear and understand the truth, that the leftists ideas would be universally acclaimed as true and necessary, and immediately put into place (with the leftist elites themselves in charge of course… after all, who better to lead than those who understand the ideas the best).

They can’t accept the idea that maybe people don’t WANT more government, with more power over everyone’s lives and businesses… Because that would go entirely against the ideas they have based their entire lives and identities on; and that simply can’t be possible.

…but that’s another argument entirely.

Oh and I should note that there is a “right wing” authoritarian narrative that is nearly identical in principle, that the people are too stupid, lazy, corrupt etc… To be trusted to make their own MORAL decisions; and that the force of government must be used to make people “do the right thing”. That’s equally as bad; it’s just not what we’re talking about right now.

Now… I hate these ads as much as everyone else… But not because I decry “those fools actually believe these foul lies” (though they may be foul lies, and “the people” may believe them); simply because they’re REALLY IRRITATING.

If the people actually are so stupid that they believe “foul lies”; and the other side isn’t smart enough, or doesn’t have a good enough argument to convince them otherwise…

Well, so be it.

That’s the problem with a democratic representative republic. You have to live with the representatives the electorate choose, and the things they vote for.

It’s also why it’s so critical that we have a strictly limited government of enumerated powers only… Or rather, that we return to that; as we haven’t actually had such a government since 1861.

Our government was intended to provide protection against the tyranny of the majority… Unfortunately from the first day that government was put in place, people with “good ideas” have attempted to (often successfully) use the force of government, to have those ideas implemented, without regard to the legitimate powers of government, the desire of the people, or the rights of those being governed.

The left are perfectly willing to crow about how great democracy is… until the people refuse to vote for what they want; at which point they try to get the courts to make the people do what they want anyway.

Because, as we all know, when it comes to leftist causes, they are all “moral imperatives”…

Or as a very smart man put it once “The ends justify the means”.

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

The Innocence Project Marks 300th Exoneration; Provides Statistics About the 300

Back in the spring of 2011, some of you may recall our fundraising efforts to raise $500 for The Innocence Project. Our Liberty Papers readers and writers surpassed that donating $570 of the $20,000 The Innocence Project’s overall goal for that period. Though our fundraising effort is over for the time being, you can always donate at their page if you feel compelled to do so (actually, it’s a very good time to donate as right now, the next $19,000 are being matched by other anonymous donors).

Back when we joined the effort, The Innocence Project had marked 266 exonerations; as of last month they reached the 300th exoneration milestone, well ahead of where I predicted they would be by this time when they reached the 225 mark. Their 300th exoneration, Damon Thibodeaux spent 15 years on death row before being cleared with DNA evidence.

This is a great cause that I cannot say enough good things about. While the 300 exonerations is a very impressive achievement, more important is their efforts to reform the system to reduce the number of wrongful convictions in the first place. This infographic from The Innocence Project provides some very eye-opening statistics concerning their first 300 exonerations.

In the U.S. State Department’s De-listing of MEK as a Terrorist Group, the “War on Terror” Loses All Meaning*

“In this world, there are good causes and bad causes, and we may disagree on where that line is drawn. Yet, there is no such thing as a good terrorist. No national aspiration, no remembered wrong can ever justify the deliberate murder of the innocent. Any government that rejects this principle, trying to pick and choose its terrorist friends, will know the consequences.” -President George W. Bush speech to the U.N. General Assembly on November 10, 2001

“We don’t negotiate with terrorists”- a refrain we have heard from many American presidents and American politicians over the years. But anyone who has taken even a cursory look at history knows that this is a lie. Not only does our government negotiate with terrorists and state sponsors of terrorism, the uncomfortable truth is that the U.S. itself is a state sponsor of terrorist groups when the group in question uses its tactics against enemies of the U.S. or her allies.

The latest example is Secretary of State Hillary Clinton’s announcement that Mujahadeen-e-Khalq (a.k.a. MEK) will be de-listed as a “foreign terrorist organization.” MEK has been on the list since 1997. For those who are not familiar with MEK, this organization was once aligned with Saddam Hussein** and allegedly responsible for killing at least six Americans in the 1970’s along with a failed kidnapping attempt of U.S. Ambassador to Iran Douglas MacArthur II in 1971 and a failed assassination attempt of USAF Brig Gen Harold Price in 1972.

Lest there be any partisans on the Right trying to accuse the Obama administration giving in to terrorism, its worth pointing out that the campaign to de-list MEK has been a bipartisan effort. Rudy Giuliani, Tom Ridge, Fran Townsend, Michael Mukasey, Andrew Card of the Right have joined MEK advocates of the Left such as Howard Dean, Wesley Clark, Bill Richardson, and Ed Rendell. Many of these advocates have been paid to speak out on MEK’s behalf; a crime of “material support” of terrorism under normal circumstances but apparently A-OK if done by prominent politicians.

So what exactly has MEK done to ingratiate itself to the State Department to be de-listed as a foreign terrorist organization? Has MEK ceased its terrorist activities or paid restitution (to the extent it could be paid) to its victims? According to Glenn Greenwald, its quite the opposite:

What makes this effort all the more extraordinary are the reports that MEK has actually intensified its terrorist and other military activities over the last couple of years. In February, NBC News reported, citing US officials, that “deadly attacks on Iranian nuclear scientists are being carried out by [MEK]” as it is “financed, trained and armed by Israel’s secret service”. While the MEK denies involvement, the Iranian government has echoed these US officials in insisting that the group was responsible for those assassinations. NBC also cited “unconfirmed reports in the Israeli press and elsewhere that Israel and the MEK were involved in a Nov. 12 explosion that destroyed the Iranian missile research and development site at Bin Kaneh, 30 miles outside Tehran”.

In April, the New Yorker’s Seymour Hersh reported that the US itself has for years provided extensive training to MEK operatives, on US soil (in other words, the US government provided exactly the “material support” for a designated terror group which the law criminalizes). Hersh cited numerous officials for the claim that “some American-supported covert operations continue in Iran today.” The MEK’s prime goal is the removal of Iran’s government.

Despite these reports that the MEK has been engaged in terrorism and other military aggression against Iran – or, more accurately: likely because of them – it was announced on Friday the US State Department will remove MEK from its list of terrorist organizations. This event is completely unsurprising. In May, I noted the emergence of reports that the State Department would do so imminently.

Greenwald goes on to point out five lessons we should learn from MEK’s de-listing: 1. There is a separate justice system in the US for Muslim Americans, 2. the US government is not opposed to terrorism when its beneficial, 3.“terrorism” is a meaningless (and often manipulated) term, 4. legalized influence-peddling within both parties is what drives DC, and 5. there is aggression between the US and Iran, but it’s generally not from Iran. It’s quite a scathing indictment of what the U.S. government’s stated policy is regarding terrorism and what its actual policy is.

Over at Popehat, Ken writes his thoughts about MEK’s de-listing. Ken recalls how as a young lawyer, he was on a prosecution team responsible for prosecuting someone who had ties with MEK. By Ken’s account, there was “no doubt” that this person was guilty of running an immigration fraud ring as the evidence against him was “overwhelming.” Ken points out that this occurred before 9/11 and “Bob’s” sentence wasn’t any worse because of his involvement with MEK, though the prosecution team worked very hard was very proud of connecting “Bob” to the terrorist organization.

Needless to say, Ken isn’t very pleased with MEK’s de-listing either and for some very good reasons:

The six people the MEK killed in the 1970s are still dead. They were dead when the State Department designated the MEK as a foreign terrorist organization and they have been dead all the years since and they won’t get any less dead when the State Department removes the MEK from its FTO list. The MEK is the organization that once allied with Saddam Hussein; that historical fact hasn’t changed, although its political significance has. No — what has changed is the MEK’s political power and influence and the attitude of our government towards it.

[…]

The United States government, under two opposed increasingly indistinguishable political parties, asserts the right to kill anyone on the face of the earth in the name of the War on Terror. It asserts the right to detain anyone on the face of the earth in the name of the War on Terror, and to do so based on undisclosed facts applied to undisclosed standards in undisclosed locations under undisclosed conditions for however long it wants, all without judicial review. It asserts the right to be free of lawsuits or other judicial proceedings that might reveal its secrets in the War on Terror. It asserts that the people it kills in drone strikes are either probably enemy combatants in the War on Terror or acceptable collateral damage. It asserts that increasing surveillance of Americans, increasing interception of Americans’ communications, and increasingly intrusive security measures are all required by the War on Terror.

But the War on Terror, unlike other wars, will last as long as the government says it will. And, as the MEK episode illustrates, the scope of the War on Terror -the very identity of the Terror we fight — is a subjective matter in the discretion of the government. The compelling need the government cites to do whatever it wants is itself defined by the government.

Glenn Greenwald and Ken are both right on what the de-listing of MEK should tell us about the so-called war on terror. Our government is not serious about fighting terrorism, it condones it even as we surrender our liberties at home. This is especially true if the target of the terrorism is Iran or another “state sponsor of terrorism” we are all supposed to be afraid of and eventually be at war with.

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Innocence of Jackbooted Thugs

Today may be Constitution Day but given the repeated assaults on this document and those who take their liberties seriously, today doesn’t seem like much of an occasion to be celebrating. Over at The New York Post, Andrea Peyser refers to the treatment of the no longer obscure film maker Nakoula Basseley by the very government that is supposed to protect his individual rights as “appeasing thugs by trampling rights.”

In an episode as shameful as it is un-American, obscure LA filmmaker Nakoula Basseley. Nakoula was picked up by Los Angeles sheriff’s deputies acting like jackbooted thugs.

Nakoula was paraded in front of a hostile media, his face hidden behind a scarf reminiscent of Claude Rains in “The Invisible Man,’’ and delivered into the hands of federal authorities for interrogation. Ostensibly, officials wanted to know if a cruddy, little film Nakoula created on a tiny budget violated terms of his probation for financial crimes — because he was forbidden to use the Internet.

Okay, so maybe the film maker violated his probation but I can’t help but think that if he wasn’t on probation, the government wouldn’t find some other law he would have violated. It’s not too difficult to trump up charges against any person living in this “free” country as there are over 27,000 pages of federal code and more than 4,500 possible crimes…surely he would be guilty of committing at least one!

As despicable as the actions on the part of the government are though, what I have a difficulty with is the cheerleaders in the media supporting the government’s actions rather than standing up for Nakoula Basseley’s First Amendment rights or at least questioning the authorities as to whether this was really about his probation violation.

Nakoula Basseley isn’t the only target of the government in this case, however. Peyser continues:

The government also went after YouTube, asking the Google-owned company whether “Innocence’’ violated its terms of usage. To its credit, YouTube refused to take down the film’s trailer in the West, although it yanked the offensive video from several Arab countries.

[…]

“Innocence of Muslims’’ tests an American value that liberals and conservatives alike claim they revere: the First Amendment guarantee to freedom of speech, no matter how rude and obnoxious. If you don’t like a work of art — as I despise the famous photo of a crucifix dunked in urine — you have every right to complain. You don’t have the right to burn the infidels who put it there.

Yet under the administration of President Obama, the United States has gone down a dangerous path by appeasing the horde.

“Appeasing the horde” may be part of the Obama administration’s motivation for going after this YouTube video but I think it has as much to do with deflecting responsibility from his disastrous Middle East foreign policy* in an election year. Whatever the administration’s motives, these heavy handed tactics ought to be challenged and exposed by anyone who cares anything about free speech/expression. Kudos to Andrea Peyser for writing an article in such a high-porfile newspaper as The New York Post to expose this assault on this 225th anniversary of the conclusion of the Constitutional Convention. Sadly, she shouldn’t be too surprised if the jackbooted thugs knock on her door next.

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On The Empire State Building Shooting

The news that all the wounded bystanders were injured as a result of police gun-fire will prompt many to condemn the officers who confronted Mr Jeffrey Johnson yesterday morning on a sidewalk in Manhattan. I write in their defence.

As facts dribble out, we have an increasingly complete picture of what actually occurred.  Mr Johnson had a grudge against Mr Steven Ercolino – a manager at a company he had worked at in the past –  and had decided to lie in wait with a hand-gun and to murder him in an ambush as Mr Ercolino walked to work. As Mr. Ercolino walked towards his office from purchasing some food at a coffee shop, Mr Johnson shot him in the head from behind, and fired two more rounds into his torso, killing him.

Mr Johnson then walked away and tried to escape by blending into the crowd of similarly attired people on their way to work.  However, he was trailed by a construction worker.  Mr Johnson’s escape route took him past a police detail, and the construction worker trailing him alerted the officers on that detail that Mr Johnson had just murdered someone and was armed.

Two officers hustled to catch up with Mr Johnson.  They challenged him.  He drew (but did not fire) his weapon, and the police fired 16 rounds in quick succession into him. Bystanders were struck by police bullets, the fragments of the bullets, and fragments of masonry turned into shrapnel by the police bullets.

We at The Liberty Papers are often critical of the government and its agents, but in this case, the police appear to have handled the matter properly. The officers were approached by a citizen and made aware of a serious felony and were pointed to a suspect.

The first choice the officers faced was the question of whether or not to confront Mr. Johnson.  I believe the police did the right thing in confronting him, for several reasons:

First, when people commit murders – especially when they ambush people on their way to work – it is often part of a spree killing – where a person goes to multiple locations, killing all the people they have grudges against in one go.  Had police failed to confront him, who knows what would have happened, who else he might have killed?  After all, Mr Jefferson had several clips on his person – despite clearly planning to fire only a few shots into his victim.

Secondly, had they tried to tail Mr Johnson, they ran the risk of losing him in the crowd. They would have had to abandon their posts to do so.

Thirdly, what if Mr Johnson was innocent and the construction worker was mistaken? In that case tailing him would have distracted police from finding the real killer.

In confronting Mr Johnson immediately after the allegations against him were communicated to them, the police officers were doing good police work.

When Mr Johnson pulled the gun out of his bag, and attempted to point it at the men confronting him, the dynamic then changed.  In effect, he was committing an act of assault on people who happen to be police officers.

In shooting him, the police were defending their lives as any citizen should be able to do in a free society. In shooting that many rounds the police were not guilty of excess – people are rarely killed or incapacitated instantly by a bullet from a handgun and the police appear to stop firing almost instantly after Mr Johnson dropped his gun and flopped down to the pavement. I judge what I see in the video to be a legitimate act of self-defence by the officers.

The person guilty of depraved indifference in this affair is Mr Johnson, who chose to ambush and murder someone on a crowded sidewalk and to initiate a gun-fight on another crowded side-walk. We will never know what Mr Johnson intended to accomplish when he set out to murder Mr. Ercolino, whether he had other people in his sights, or what made him snap.  Those secrets died with him as he lay hand-cuffed, face down, on the pavement. In the end, though, the responsibility for the carnage falls squarely on his shoulders.

In all likelihood, this case will be picked over for what people could have done differently.  Certainly, the accuracy of the police fire, their training, and their doctrine for confronting people like Mr Johnson should be reexamined for possible improvements.  But, at this point, it appears that the police made the correct decisions to confront and then shoot Mr Johnson, despite how awfully everything turned out.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Anti-Choice* Extremism in Conservative Movement Lends Credence to the Left’s “War on Women” Mantra

One of the ways the Obama campaign and Democrats in general have been deflecting attention away from the poor performance of the economy has been to change the subject to social issues. Democrats know that independent women are reluctant to support Republicans because of this perception that Republicans do not care about the concerns of women. Democrats are doing all they can to reinforce this perception asserting that Republicans have engaged in a “war on women.” Among their talking points are that Republicans are opposed to “equal pay for equal work” laws, contraception coverage mandates for health insurance, and abortion even in the cases of rape, incest, or life of the mother (I have already debunked the alleged gender pay gap here and explained why there is no “right” to free contraception here). Republicans tend to lend credence to being anti-woman when they say things like the following:

“If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

That was Republican Missouri Senate candidate Todd Akin’s response to a question concerning whether or not a woman should have the legal right to terminate a pregnancy that was a result of a rape. How might a pregnant woman who was raped conclude from this statement? Was Mr. Akin implying that she wasn’t “legitimately raped” otherwise, she wouldn’t be pregnant? Why, every woman in America who has become pregnant who thought she was raped must not have actually been raped! No, these women must have enjoyed the experience, or at the very least consented according to fertility expert Todd Akin.

One would hope that some of the Republican men, especially those who are running for office, would have moved on past the misogynistic attitudes revealed in comments like these. Unfortunately, it seems that some continue to hold on to a similar attitude as Clayton Williams who once joked about bad weather and rape “As long as it’s inevitable, you might as well lie back and enjoy it.”

Beyond idiotic statements like these, anti-choice activists have been pushing so-called “personhood” laws in various states to give every fertilized egg full legal rights that all people have. Personhood goes beyond the abortion issue and has some very bad unintended consequences. The Dominican Republic has such laws already on the books; just a few days ago, a teenager died most likely because doctors were afraid of running afoul of the law.

CNN reports:

(CNN) — A pregnant leukemia patient who became a flashpoint in the abortion debate in the Dominican Republic died Friday morning, a hospital official told CNN.
The 16-year-old, who had been undergoing chemotherapy, died from complications of the disease, said Dr. Antonio Cabrera, the legal representative for the hospital.

Her case stirred debate in her country, as her life was potentially at risk because of anti-abortion laws in the Dominican Republic.

Doctors were hesitant to give her chemotherapy because such treatment could terminate the pregnancy — a violation of the Dominican Constitution, which bans abortion. Some 20 days after she was admitted to the hospital, she finally began receiving treatment.

The patient, whose identity has not been released because she’s a minor and because of the hospital’s privacy policy, was 13 weeks pregnant.

Oh, well that’s the Dominican Republic. That would never happen here in the U.S., right? Don’t be so sure. Back in April, the Tennessee House passed a bill that would make every woman who has a miscarriage a murder suspect. The Georgia legislature considered a similar bill that would have required women to prove that their miscarriages “occurred naturally.” Having a miscarriage, a very common occurrence, is traumatic enough without being interrogated by some asshole detective downtown!

While some of these “war on women” attacks on Republicans are unfair in my judgment, Republicans don’t do themselves any favors by some of their more extreme anti-choice proposals and comments. Good people can disagree about abortion but those who are opposed to abortion need to do a better job of making their case without making women second-class citizens with fewer rights than “the unborn” whenever they happen to be pregnant.

***UPDATE***
The Republicans have added a “human life” plank to the draft of their party platform.

CNN reports:

Tampa, Florida (CNN) – The Republican Party is once again set to enshrine into its official platform support for “a human life amendment” to the Constitution that would outlaw abortion without making explicit exemptions for rape or incest, according to draft language of the platform obtained exclusively by CNN late Monday.

“Faithful to the ‘self-evident’ truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed,” the draft platform declares. “We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.”

Sigh.

My Republican friends: if you lose to Obama in November, don’t blame Libertarians. If you focus on these divisive social issues instead of the economy (and it IS the economy, stupid) you will lose and you will only have yourselves to blame.

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Quote of the Day: Modern Day Witch Hunts Edition

If you haven’t been over to The Agitator recently to read what Radley Balko’s guest bloggers have been writing in his absence over the last several weeks, you are missing some grade A quality posts. This post from William Anderson “Costs and Benefits of Modern ‘Sex Crime’ Witch Hunts” is the creme de la creme.

In this post, Anderson details how easily innocent people can be charged, tried, and convicted of sex crimes due to federal laws such as the Child Abuse Protection and Treatment Act of 1974 (A.K.A. the Mondale Act) and rape shield laws which disadvantage the accused by lowering the normal criminal standard of proof guilty beyond a reasonable doubt to a preponderance of evidence. Not only does the accused have to try to prove a negative (ex: that s/he did not sexually assault the accuser) but also pay out of pocket for legal defense that can cost in the millions of dollars to do so (meanwhile, the state can easily bear the costs of prosecuting the case with taxpayer money).

People who are accused [of sex crimes] either must depend upon a public defender or must pay for legal representation from their own resources, and it does not take long for the money spigot to run dry. Tonya Craft literally had close to a million dollars to spend on her defense, and she still ran out of funds before the case even came to trial. In the infamous Duke Lacrosse Case, each of the three defendants had to spend more than $1 million apiece just to try to debunk what were transparently-false charges.

[…]

The costs can be substantial. I know one attorney who specializes in such cases who requires a down payment up front of $100,000. Since few people keep $100K in spare change, getting the funds is very, very difficult. Then there a experts in forensics, interviewing, and the like who also do not testify for free. One of the reasons that so many people plead to something in such cases is that they do not have the personal resources to fight the charges.

Surely, this could not have been the criminal justice system the founders of this country envisioned!

Recovered from the Memory Hole: Rep. Paul Ryan Urges Congress to Pass TARP

Mitt Romney has selected Rep. Paul Ryan (R-WI) as his running mate with great fanfare among conservatives. Paul Ryan, someone with some fiscal sanity on a major political ticket who can offer an alternative to President Obama and his big government, big spending ways.

Well, not so fast. Not too long after the news of Ryan being selected as Romney’s running mate hit the wires, this little gem was recovered from the memory hole:

Well, maybe this is an anomaly. I wish it were. In addition to supporting TARP, Ryan supported the auto bailout, Medicare Part D, and voted against repealing Davis-Bacon. Ryan is also a war hawk and his record on civil liberties isn’t any better. Extending the Patriot Act, supporting the indefinite detention of American citizens provisions of the NDAA, and voting to create the Department of Homeland Security are but a few examples.

To put it another way, Paul Ryan is no Ron Paul, or even Rand Paul for that matter.

DEA Uses Truck Under False Pretenses; Refuses to Pay Truck Owner $133,532 in Repairs Resulting from Botched Sting Operation

In the era of Fast and Furious, nothing should come as much of a surprise with how incompetent and reckless federal agencies can be but here, the DEA reaches a new low.

The Houston Chronicle reports:

The phone rang before sunrise. It woke Craig Patty, owner of a tiny North Texas trucking company, to vexing news about Truck 793 – a big red semi supposedly getting repairs in Houston.

“Your driver was shot in your truck,” said the caller, a business colleague. “Your truck was loaded with marijuana. He was shot eight times while sitting in the cab. Do you know anything about your driver hauling marijuana?”

“What did you say?” Patty recalled asking. “Could you please repeat that?”

The truck, it turned out, had been everywhere but in the repair shop.

Commandeered by one of his drivers, who was secretly working with federal agents, the truck had been hauling marijuana from the border as part of an undercover operation. And without Patty’s knowledge, the Drug Enforcement Administration was paying his driver, Lawrence Chapa, to use the truck to bust traffickers.

Chapa, who was working on behalf of the DEA paid with his life. It’s bad enough that someone was killed in one of Patty’s trucks but the story doesn’t end there.

The article continues:

But eight months later, Patty still can’t get recompense from the U.S. government’s decision to use his truck and employee without his permission. His company, which hauls sand as part of hydraulic fracturing operations for oil and gas companies, was pushed to the brink of failure after the attack because the truck was knocked out of commission, he said.

Patty had only one other truck in operation.

In documents shared with the Houston Chronicle, he is demanding that the DEA pay $133,532 in repairs and lost wages over the bullet-sprayed truck, and $1.3 million more for the damage to himself and his family, who fear retaliation by a drug cartel over the bungled narcotics sting.

[…]

Copies of letters and emails from Patty’s insurance company state that it won’t pay for repairs because the truck was part of a law-enforcement operation. Patty drew from his 401K retirement fund to repair the truck, which was out of operation for 100 days.

“I was not part of this,” he said. “I had absolutely no knowledge of any of it until after it happened.”

[…]

Houston lawyer Mark Bennett, who is advising Patty, said if Patty’s initial claim is not resolved, the next step would be to sue.

I sincerely hope the DEA is taken to the cleaners on this one. Beyond the financial hardship the DEA has caused to Patty, he now fears for his family’s safety.

Perhaps most unnerving, Patty says, is that drug mobsters now likely know his name, and certainly know his truck.

Panic at the Patty home these days can be triggered by something as simple as a deer scampering through the wooded yard or a car pulling into the driveway. One morning as his wife made breakfast, one of his young sons suddenly bolted across the house yelling, “Get the guns!”

This is no way to live. And for what? To keep a little marijuana from reaching people who will just as easily find another supplier?

The war on (some) drugs is no joke. There are real casualties in this idiotic and unrealistic goal of a “drug-free America.” Chapa and Patty are only among the war on (some) drugs latest victims.

Hat Tip: The Agitator

Quote of the Day: Following Orders Edition

Agitator guest blogger Maggie McNeil made some very good points in a post she titled “Godwin’s Law” that dovetail nicely with a point I was trying to make in another post about government enforcing immoral laws. Prior to reading the post, I wasn’t familiar with Godwin’s Law (“As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches 1.”) but very familiar with the phenomenon. When someone, regardless of political persuasion, makes comparisons to the Nazis or to Hitler, I generally start tuning them out because the comparisons are rarely appropriate, shows the commenter has little imagination, and most importantly, trivializes the Holocaust. Maggie does find there are some occasions when the comparison is appropriate, however; and does a fine job in her post making the appropriate distinctions (you need to read the rest of the post to understand the full context about what she wrote in the excerpt below).

At Nuremberg, Western society established the legal precedent that “I was only following orders” is not a valid defense against wrongdoing even if the offender was only a low-level functionary in an authoritarian system, yet how often do we hear police abuses (especially against prostitutes) defended with phrases like “they’re just doing their job” or “cops don’t make the laws, they just enforce them”? If a cop is tasked with enforcing a law he knows to be immoral, it is his duty as a moral man to refuse that order even if it means his job. If he agrees with an immoral law then he is also immoral, and if he enforces a law he knows to be wrong even more so. The law of the land in Nazi-era Germany was for Jews and other “undesirables” to be sent to concentration camps, and the maltreatment of the prisoners was encouraged and even ordered by those in charge; any German soldier or policeman enforcing those laws was the exact moral equivalent of any soldier or policeman under any other democratically-elected government enforcing the laws enacted by that regime. Either “I was only following orders” is a valid defense, or it isn’t; either we agree that hired enforcers are absolved from responsibility because “they’re just doing their jobs”, or we don’t. You can’t have it both ways, and sometimes Nazi analogies are entirely appropriate.

I think the same applies if you are called for jury duty. If you find that the accused is being charged with a crime that the law itself you find to be unjust, I don’t believe “following jury instructions” is an appropriate defense for finding the person guilty. We all have a moral duty to do what we believe to be right regardless of what the law is.

Random Acts of Violence Can Be Mitigated But Not Prevented

In the aftermath of the senseless killing that occurred last Friday in Aurora, CO at the premier of the latest Batman movie, the question on most people’s mind is how this kind of violence can be prevented. What is the appropriate public policy that will prevent something like this horrible event from ever happening again?

Unsurprisingly, those who favor stricter gun control laws and those who favor less have come to very different conclusions. If the shooter had to jump through additional legal hoops to acquire the guns, the ammunition, the body armor, didn’t have the ability to purchase high capacity clips (because they were outlawed), etc., would this have certainly prevented this tragedy? If the movie theater didn’t have the “gun free zone” policy and one or more of the movie patrons with a CCW and a hand gun to return fire, would this have certainly prevented this tragedy?

In a word the answer is no to either approach.

Others blame the “coarsening of our culture” due in part to violent movies, video games, music, etc. The pervasiveness of pretend violence inspires real life violence, some might argue. If the entertainment industry toned down or eliminated violence in their respective art forms (whether voluntarily or by government censorship), would this have certainly prevented this tragedy?

Again, the answer is no.

There is no public policy nor security approach that will certainly prevent another random act of violence such as this. When you think about it, the question is quite absurd. The question should not be whether these acts of violence can always be prevented but whether they can be mitigated or reduced.

Is it possible that with additional gun control laws, this individual wouldn’t have been able to perpetrate this evil? While I oppose additional gun control laws, I have to concede that it is possible that if obtaining these weapons were more difficult, that this wouldn’t have happened. By regulating the type of firearms and ammunition the average person can purchase, certain criminals would be otherwise prevented from using a firearm in an unprovoked, violent fashion. But as the NRA likes to point out, criminals by definition don’t care about the law (the Aurora shooter didn’t change his mind when he walked by the “gun free zone” sign that would have notified him about the theater’s policy). Those who are determined to commit crimes with guns will acquire them through the black market. Would the killer in this instance gone through the trouble to seek out these weapons on the black market? Probably, but it’s impossible to know for sure.

While I agree with John Lott Jr.’s arguments he outlines in his book More Guns, Less Crime* and can be found making his case at various media outlets, I think it’s a bridge too far for some of my fellow travelers who support the right to bear arms to say that a single person with a gun in the theater would have prevented 12 people from being murdered and dozens more from being injured. The truth is, we cannot know for sure because there are too many variables. It’s entirely possible that a CCW holder who was properly trained might have reduced the body count and the injuries. I certainly think the odds are that more people would have survived, but given the circumstances of this event, I doubt seriously that the whole tragedy would have been averted.

So if random acts of violence cannot be prevented regardless of the security measures or public policy reforms, the question necessarily becomes: just how much risk of being a victim of a random violent act are we willing to tolerate and at what cost**?

With all the murders and scary things reported in the news, it’s not unreasonable to conclude that our culture is more violent than ever. The thing is though, it’s just not true. With the news of a mass shooting occurring on school campuses, at the grocery store in Tucson, and the latest shooting at the theater in Aurora, it might seem that there is a lunatic with a gun around every corner ready to do carnage. You may be surprised to learn then, that every school campus is due to be the place of an on campus murder…once every 12,000 years.

You may be even further surprised to learn that our world as a whole is a much less violent place than any time in the history of humanity. According to research by Harvard’s Steven Pinker, the 20th century was less violent than the previous centuries even considering all the death and destruction from the world wars, the cold war, Nazi Germany, Stalin’s Russia, and Mao’s China.

You are less likely to die a violent death today than at any other time in human history. In fact, violence has been on a steady decline for centuries now. That’s the arresting claim made by Harvard University cognitive neuroscientist Steven Pinker in his new book, The Better Angels of Our Nature: Why Violence Has Declined.

Just a couple of centuries ago, violence was pervasive. Slavery was widespread; wife and child beating an acceptable practice; heretics and witches burned at the stake; pogroms and race riots common, and warfare nearly constant. Public hangings, bear-baiting, and even cat burning were popular forms of entertainment. By examining collections of ancient skeletons and scrutinizing current day tribal societies, anthropologists have found that people were nine times more likely to be killed in tribal warfare than to die of war and genocide in even the war-torn 20th century. The murder rate in medieval Europe was 30 times higher than today.

So despite the “lax gun laws” and despite the “coarsening of our culture,” somehow we are less likely to be a victim of a violent act than at any time in history if we are to believe Steven Pinker. Of course, I realize that this probably isn’t much comfort to those who have been victims of these violent acts. We must remember, however; that if we succumb to fear that follows these horrific acts, we risk surrendering our privacy and our liberty*** for very little net benefit. We must recognize that there will always be those who want to harm his fellow man. Be alert, be vigilant, but under no circumstances allow yourself to live in fear.

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Do We Really Want the President to Enforce ALL Federal Laws?

The Rule of Law, theoretically at least, is superior to the arbitrary Rule of Men. For most of human history, the law has been subject to the whim of a head of state be s/he a monarch, czar, dictator, emperor, etc. James Madison and the framers of the U.S. Constitution wisely determined that the document would be the “supreme law of the land” and everyone from the President to the peasant would be subject to the same law.

But what happens to the Rule of Law when the laws become too vague, too numerous, too unpredictable, and too unjust? According to a 2008 Louisiana State University study (referenced in this article), there were over 4,500 federal crimes on the books. This does not include the thousands more regulations that also carry criminal penalties.

So my question to conservatives and some libertarians who have been critical of President Obama’s executive order to allow individuals who were brought illegally across the border as children under the age of 16 to have temporary work permits is as follows: Do you believe that the president should enforce each and every one of the over 27,000 pages of federal code and prosecute everyone who can be accused of any of the 4,500 + crimes? Should the president send uniformed men with guns to raid the Gibson Guitar Corp, dairy farms who sell raw milk to the public, and medical marijuana dispensaries which operate pursuant to state law? If the argument is that the president is shirking his responsibility by picking and choosing the laws he will “faithfully execute,” the answer necessarily must be “yes.”

Obviously, the federal government even as large as it is could not possibly enforce every single federal law. Assuming for a moment the federal government could enforce every single federal law and regulation, as people who claim to value personal liberty above all else, is this something that would in any way be compatible with liberty?

I think not.

When the federal code is so full of laws and regulations, it’s the same as having no Rule of Law at all. The president necessarily must decide which laws to enforce and which to ignore or at the very least prioritize how he will execute the law. As immigration laws go, it seems to me that deporting individuals who were educated here, not criminals, and pay taxes should be a much lower priority to be deported or jailed than someone who as an adult illegally immigrated, stole someone’s identity, and committed a host of other crimes.

Beyond the sheer volume of laws and regulations, I do think there are instances when the president should NOT enforce the law if he, in good faith, believes the law violates the constitution and/or is unjust. Who among us today would argue that when the Fugitive Slave Act of 1850 was in force that a president who refused to enforce such a law was acting like a king because he was usurping the “will of the people”? I would also point out that when the Fugitive Slave Act was the law of the land, it wasn’t at all unconstitutional even though most sane Americans today, regardless of political affiliation and/or philosophy would say the law was immoral. If the constitution itself violates Natural Law (i.e. does not recognize the rights of life, liberty, and property for all human beings), then it too should be nullified in those instances.

Nullification presents problems of its own, however. I recognize that nullification of laws passed by congress presents a possible constitutional crisis. We certainly do not want an all-powerful executive branch that can ignore the congress and the courts, so what is the solution?

The solution, however politically difficult it would be, would be to repeal the vast majority of the federal criminal code and much of the remaining 27,000 pages of statutes. The most sensible place to begin would be with the federal criminal code. Most criminal law should be dealt with at the state level anyway. I haven’t checked recently but I’m pretty sure that rape, murder, burglary, assault/battery, and fraud are crimes in all 50 states and in all U.S. territories.

Additionally, even those who believe the war on (some) drugs is good public policy, most states would most likely (unfortunately) continue locking up non-violent drug offenders without Washington’s help. The country we love would not descend into chaos if criminal law was dealt with almost entirely by the states. If we cannot trust the states to handle protecting individuals inside their borders, what is the point of even having states?

If the federal criminal code only dealt with crimes such as counterfeiting, treason, enacting legitimate interstate commerce regulations (to keep the trade among the several states “regular,” not what the interstate commerce clause has become thanks to SCOTUS), and yes, immigration policy, the president could and should conceivably enforce all the federal laws that are neither unconstitutional nor immoral. The president would no longer have the discretion to enforce the laws he favors and not enforce the ones he does not.

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