Category Archives: Legal

Quote of the Day: Killing vs. Squealing Edition

Judge Andrew Napolitano wrote an excellent article in yesterday’s Washington Post entitled: Killing vs. Squealing. The judge laments that the Republicans in the congress aren’t so much concerned about the fact that President Obama is acting as a third-world warlord thug killing individuals he picks out from a deck of “baseball cards” in Yemen, Pakistan, and elsewhere (foreigners and Americans alike) but the fact that someone, somewhere in the government has leaked this information to the press and the American public. Sen. John McCain and others apparently believe the Obama administration has leaked these facts to the press to show how effectively he is killing the “terrorists” abroad to preempt any attacks from the Romney campaign that Obama is somehow weak on “national security.”

Just about every paragraph in the judge’s article is quotable (seriously, read the whole thing) but I believe he summed up just where the “loyal opposition” is with regard to the president’s arguably impeachable activities best here:

Which is ultimately more harmful to freedom: that the president on his own kills, maims and destroys, or that some people in our own government who have greater fidelity to the Constitution than loyalty to an out-of-control presidency – and who are protected by law when they reveal government crimes – tell us what the president is up to? What kind of politicians complain about truthful revelations of unconstitutional behavior by the government, but not about death and destruction, and, let’s face it, criminal abuse of power by the president? Only cynical, power-hungry politicians who have disdain for the Constitution they have sworn to uphold could do this with a straight face.

[…]

How base our culture has become when the hunt for truth-tellers is more compelling than the cessation of unlawful government killing.

Yeah, the funny thing is, just four years ago when Bush was president, our culture (i.e. the MSM, Hollywood, academia, the anti-war movement, etc.) was very concerned about government secrecy, civil liberties violations, torture, secret prisons, getting out of Iraq & Afghanistan, etc. but now that their guy is in the Whitehouse, these very valid concerns seemingly have fallen by the wayside. If people in the opposition party doesn’t call the president out on this, don’t think for a moment that the president’s allies will. Something tells me that in the event Romney wins in November, all of these concerns will suddenly be back in vogue but not until then.

FacebookGoogle+RedditStumbleUponEmailWordPressShare

Doug Stanhope – Liberty (Re) Defined

Brad has posted a version of this comedy routine by Doug Stanhope before. This version has been edited to include images and video by Fr33 Agent Beau Davis with a more honest than the traditional “pledge of allegiance” at the close.

I thought that since today happens to be Flag Day, this video would be an important reminder about the true meaning of liberty albeit with an (at times) crude, comedic delivery. True liberty has nothing to do with a flag*, much less worship for the government for which it stands.

WARNING: some of the material in the video will be offensive as hell to some of you. Enjoy!

Related: The Un-American Pledge of Allegiance

*Of course the flag can mean different things to different people. I think it’s one thing to show appreciation for the flag with its original intended meaning by the founders and quite another to “pledge allegiance” to its government regardless of how hostile to freedom the government becomes. I seriously doubt that Thomas Jefferson (who advocated separating political bonds with any government that becomes hostile to the rights of life, liberty, and the pursuit of happiness in the Declaration of Independence BTW) or other founders would have ever pledged allegiance to the flag of the federal government.

Rasmussen Poll: 61% of 500 Likely Voters in Colorado Support Regulating Marijuana Like Alcohol (Amendment 64)

This is one of the most encouraging polls I’ve seen in a long time. Honestly, I didn’t think that Amendment 64 [full text here] would have much chance of being approved by the voters, especially since a similar measure, Prop 19 failed in California in 2010. The Huffington Post reports:

The survey of 500 of likely voters in Colorado conducted on June 6, 2012 shows sixty-one percent are in favor legalizing marijuana if it is regulated the way that alcohol and cigarettes are currently regulated.

[…]

That is the highest percentage of Colorado voter support that any marijuana legalization poll has shown to date. In December of 2011, a similar poll from Public Policy Polling showed only 49 percent in favor of general legalization of marijuana.

I also found this to be interesting (continuing the same article):

Amendment 64 also recently received support from both Republicans and Democrats — in March, 56 percent of the delegates at the Denver County Republican Assembly voted to support the legislation, and in April, the Colorado Democratic Party officially endorsed Amendment 64 and added a marijuana legalization plank to the current party platform.

Bipartisan support for legalizing marijuana and regulating it like alcohol in Colorado? This is quite encouraging and fascinating (in California, you may recall, there was bipartisan opposition from the blue and red teams).

This isn’t to say there that Amendment 64 will sail through unopposed. There are anti-64 groups mobilizing so those of us who want to see 64 pass cannot be complacent. Also, with about five and a half months until election day, anything can happen.

Protecting and Serving Whom?

Today, I had the joy of observing an officer of the Newton Police force take a bad situation and make it worse.  The incident showed much that is wrong in the relationship between the common citizen and the government that is there to protect him or her. An elderly person had fallen and a police officer detained her, kept her on a brick side-walk so that EMT’s from an unwanted ambulance could check her out, an operation that blocked traffic and slowed it to a crawl on a major thoroughfare. » Read more

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.

Quote of the Day: Penn’s Sunday School Lecture on Obama’s Drug War (Beyond) Hypocrisy Edition

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard fucking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-ass college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in fucking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Watch the segment from “Penn’s Sunday School” non-truncated rant here.


Related Posts:
Song and Open Letter to a President Who is “No Stranger to the Bong”
A Youthful Indiscretion
Reforming America’s Prison System: The Time Has Come

The rEVOLution After Paul

With Congressman Ron Paul’s third presidential run and career coming to an end, what will become of his rEVOLution he inspired? Prior to the 2012 campaign, some suggested that former New Mexico Gov. Gary Johnson would be the “next” Ron Paul but with Johnson running as the Libertarian Party nominee after being mistreated by the GOP establishment in the primaries, it appears to me that that bridge has been burned and will likely never be rebuilt. Johnson’s activities in furthering the liberty movement will be done outside the Republican Party.

The new heir apparent to lead the rEVOLution appears to be the congressman’s son Sen. Rand Paul. Rand Paul has been one of a handful of voices of reason in the senate voting against renewing the Patriot Act, the NDAA*, standing up to the TSA, and speaking out against President Obama’s unconstitutional “kinetic military actions” in Libya and elsewhere to name a few. For the most part**, Sen. Rand Paul has been a consistent champion of liberty much like his father. Speculation abounds that Sen. Paul will make a presidential run of his own in 2016.

The rEVOLution and the greater liberty movement must be much larger than one person***, however. According to Brian Doherty, author of his new book Ron Paul’s rEVOLution: The Man and the Movement He Inspired, Paul’s movement will continue long after Paul himself has left the political stage. Doherty summarizes the thesis of his book in the Cato forum (video below); David Boaz and Sen. Rand Paul also offer their thoughts on the future of the liberty movement after Ron Paul.


» Read more

The Nutmeg State’s Senate Passes Bill Protecting Right to Record Police AND Abolishes the Death Penalty in the Same Week

This week, the State of Connecticut made progress in the right direction on the criminal justice front on two issues I care deeply about: the right of individuals to record the police in public and abolishing the death penalty.

Earlier today, the Connecticut Senate passed a bill 42-11 that would hold the police liable for arresting individuals who record their activities in public. Carlos Miller writing for Pixiq writes:

The Connecticut state senate approved a bill Thursday that would allow citizens to sue police officers who arrest them for recording in public, apparently the first of its kind in the nation.

As it is now, cops act with reckless immunity knowing the worst that can happen is their municipalties [sic] (read: taxpayers) would be responsible for shelling out lawsuits.

Senate Bill 245, which was introduced by Democratic Senator Eric Coleman and approved by a co-partisan margin of 42-11, must now go before the House.
The bill, which would go into effect on October 1, 2012, states the following:

This bill makes peace officers potentially liable for damages for interfering with a person taking a photograph, digital still, or video image of either the officer or a colleague performing his or her job duties. Under the bill, officers cannot be found liable if they reasonably believed that the interference was necessary to (1) lawfully enforce a criminal law or municipal ordinance; (2) protect public safety; (3) preserve the integrity of a crime scene or criminal investigation; (4) safeguard the privacy of a crime victim or other person; or (5) enforce Judicial Branch rules and policies that limit taking photographs, videotaping, or otherwise recording images in branch facilities.

Officers found liable of this offense are entitled, under existing law, to indemnification (repayment) from their state or municipal employer if they were acting within their scope of authority and the conduct was not willful, wanton, or reckless.

While I think the fourth and fifth exceptions to the law could be problematic, this should go a long way toward holding the police accountable.

As if this wasn’t enough good news, just yesterday Gov. Dannel Malloy signed a bill to abolish the death penalty in the Nutmeg state. CNN reports:

(CNN) — Connecticut Gov. Dannel Malloy signed a bill into law Wednesday that abolishes the death penalty, making his state the 17th in the nation to abandon capital punishment and the fifth in five years to usher in a repeal.

The law is effective immediately, though prospective in nature, meaning that it would not apply to those already sentenced to death. It replaces the death penalty with life in prison without the possibility of release as the state’s highest form of punishment.

“Although it is an historic moment — Connecticut joins 16 other states and the rest of the industrialized world by taking this action — it is a moment for sober reflection, not celebration,” Malloy said in a statement.

Connecticut isn’t a state that comes to my mind when I think of a death penalty state and for a good reason: only 2 people have been executed in that state in the last 52 years (both of which wanted to be executed), according to the governor. So, if the administration of the death penalty is so infrequent, why does this abolishing of the death penalty even matter? I think Gov. Malloy said it quite well in his signing statement: “Instead, the people of this state pay for appeal after appeal, and then watch time and again as defendants are marched in front of the cameras, giving them a platform of public attention they don’t deserve.”

Keep up the good work Connecticut!

Hat Tip: The Agitator

Open Thread: If I Wanted America to Fail…

FreeMarketAmerica.org has released a great video (above) called “If I Wanted America to Fail.” It’s a pretty decent list of policies one would want to implement to cause America to fail but it’s far from complete.

Here are a few suggestions of my own:

If I wanted America to fail, I would want congress to abdicate its war powers and give those powers to the president so he could commit acts of war against any country he desires for any or no reason at all.

If I wanted America to fail, I would want these undeclared wars to be open-ended with no discernable war aim. This would lead to blowback and create more enemies for America.

If I wanted America to fail, I would have troops deployed around the world to make sure the world is “safe for democracy” but would topple regimes, even those elected by the people of these countries, if the president found the new leaders not to his liking. This would create even more enemies who would try to cause America to fail.

If I wanted America to fail, I would do away with due process – even for American citizens who the president considers “enemy combatants.” I would want the president to have the ability to detain these people indefinitely, ship them to a foreign country, and even give the president the authority to kill these people anywhere in the world they are found.

If I wanted America to fail, I would have the ATF sell arms to Mexican drug cartels so they could kill innocent people on both sides of the border. I would name this operation after a lame action movie franchise and pretend to know nothing about it when details were made public (It’s not like the media would have any interest in investigating this deadly policy because this is a Democrat administration).

Now it’s your turn. What are the policies being implemented now that you would want implemented if your goal was to make America fail?

Frontline Investigates the State of Forensic Science in “The Real CSI”

Is the forensic science used in the courtroom reliable? The PBS documentary series Frontline makes an attempt at answering this question in an episode entitled: “The Real CSI.”

I cannot recommend this episode enough.

Watch The Real CSI on PBS. See more from FRONTLINE.

Also, the producers of this episode hosted a live chat for viewers to ask some follow-up questions (I’m sorry I missed it). Here is the archive from the chat.

Related Posts
Popular Mechanics Separates CSI Fact from CSI Fiction
Dr Michael West Filmed Committing Attempted Murder
An Innocent Man Was Probably Executed on Gov. Rick Perry’s Watch…Not That Anyone Cares
200 Innocent and Counting
25 More Reasons for Criminal Justice Reform

How far we have fallen…

Reading the point/counterpoint posts on the question of how the supreme court would decide on Obamacares constitutionality, was quite disturbing to me in several ways.

On the one hand I was heartened, because clearly both Brad and Doug are sane and rational folks with a reasonably solid background in both law and politics, and a foundational understanding of the constitution…

Of course, that only highlights how many people in this country are not.

Any reading of the constitution… of the very intent of the founding of this nation… makes it clear that our federal government is meant to be one of of limited and enumerated powers. If the government can mandate this, they can mandate anything. This is the fundamental argument about the necessity for a limiting principle to any government act.

And anyone who doesn’t want unlimited, unconstrained government can see that. Sadly, it seems that the idea of unlimited, unconstrained government is quite popular in some quarters… even with some supreme court justices.

The basic liberal/progressive/leftist argument for socialized medicine is “we should do this even if it IS illegal and unconstitutional, because it’s the right thing to do so the supreme court should uphold it”.

I.E. “It’s good because we want it, and therefore it should be legal because it is good; and we need to get rid of this whole “limited government” thing, because it gets in the way of us doing what is right and good.”

What I also find heartening is that both Brad and Doug both seem to have a good sense of all of this…

But that is also disturbing…

Because both of them seem to share the same actual opinion:

Both believe that Obamacare is ACTUALLY unconstitutional, and should be struck down…

…It’s just that Brad is cynical enough about the supreme court and the political aspects of the decision that he thinks enough justices will be able to argue themselves into ignoring the constitution and doing what they want to do, rather than what is right.

… and Doug believes that there’s a good possibility of that as well; he just has a bit more hope that they won’t.

… and if you look around the commentariat, that’s pretty much the split of positions that every other knowledgable observer has as well.

And if that isn’t disturbing to you, then you really have no idea what is going on, do you?

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

Justice for Martin, Zimmerman is More Important than Anyone’s Damned Political Agenda

Rumor, conjecture, race, debate over the appropriateness of Florida’s “Stand Your Ground” (SYG), and the debate over concealed carry among other discussions in the media and social media have taken on lives of their own in fatal shooting of Trayvon Martin. Protests have sprung up around the country demanding “justice” for the “murder”* of Martin allegedly committed by George Zimmerman who claims that he fired the fatal shot(s) in self defense. Others wonder why this story, because of the racial aspects, receive so much national media attention while cases involving white victims with black suspects do not, implying a politically correct double standard.** To inflame the debate even more, leading presidential candidates have weighed in thus (perhaps) turning this case, not only into a black vs. white issue, but also red vs. blue (or Right vs. Left if you prefer).

These all may be relevant issues for another debate, but should not determine the level of “justice” that will hopefully be determined in a court of law rather than the court of public opinion. Unfortunately, it seems that most people have taken sides without knowing all of the relevant facts of the case. Personally, I haven’t “taken sides” because there is plenty of conflicting accounts of what happened that fateful night and I don’t trust everything that is being reported***.

The real question in the case is, did George Zimmerman truly act in self defense and stand his ground as he claimed? This depends entirely on what actually happened; the factual details in this case (known and unknown) is all that really matter. Neal Boortz wrote perhaps the most balanced piece I have read so far on this case. Here he outlines three possible scenarios of the night in question.

As for the SYG law and the Trayvon Martin case, I haven’t seen anyone else bring this up, but both Trayvon and Zimmerman had the SYG law on their side under the three possible operating scenarios here:

1. George Zimmerman. If Zimmerman was attacked by Trayvon, as he claims, he had the legal authority to use deadly force to repel the attack. BUT .. and this is a big but here .. if he was pursuing Trayvon, as he said he was, the SYG law would not protect him from prosecution. Zimmerman wasn’t standing his ground. He was in pursuit. I see no reason for repeal of SYG here because the law will not stand as a defense for what Zimmerman did. By the way …. I heard Juan Williams on Fox News Channel say – not once, but several times — that George Zimmerman had been told by the police to stop his pursuit of Trayvon. First of all, there is no evidence that the 911 dispatcher Zimmerman was talking to was was a police officer. Secondly, the dispatcher didn’t say “Don’t do that.” The dispatcher said “You don’t need to be doing that.” Telling someone that they don’t need to be doing something is quite different from telling someone NOT to do something. Williams should understand this.

2. Trayvon Martin: How would the SYG law stand to protect Trayvon? If Trayvon had noticed he was being followed, and if he elected to flee his pursuer he would have every right to do so. He would also have every right to turn and to confront his pursuer. That would be “standing your ground.” So the rumored testimony of this eyewitness who said he saw Zimmerman on the ground with Trayvon pummeling him does not necessarily implicate Trayvon. If he was standing his ground he was acting within the law.

3. Now here’s where it could get complicated. What if Zimmerman had ceased his pursuit of Trayvon and retreated to his car. What if Trayvon then pursued Zimmerman to his car and attacked him. Trayvon would then lose his protection under SYG, just as Zimmerman did when he initiated a pursuit. But if Zimmerman than became the pursued instead of the pursuer, does he then have the SYG law to rely on? That’s an interesting question, and one that I think would have to be put in front of a jury.

Obviously, the number of scenarios of what might have really happened cannot be limited to these three but I think these can serve as a useful starting point for a productive debate.

Can we all agree that if Zimmerman pursued (which by nearly all counts and by the 911 call seems to be the case at least initially) and confronted Martin, Zimmerman was not acting in self defense?

Can we also agree that IF Zimmerman was following Martin and gave reason for Martin to believe Zimmerman was meaning him harm that Martin also had every right to stand his ground and use lethal force if he believed it necessary to defend himself? Would those of you who wholeheartedly believe that Zimmerman was acting in self defense when he fired the shot(s) be defending Martin had HE shot and killed Zimmerman because Martin was in fear for his life?

The third scenario is the most difficult quandary of all but could a reasonable person conclude that maybe they were both in the wrong? Could Zimmerman’s wrongful pursuit be “canceled out” by Martin’s pursuit and attack if Zimmerman was returning to his vehicle? In the event that they both contributed to Martin’s death, what would be the appropriate verdict? In my lay opinion, convicting Zimmerman of murder would be inappropriate here; a good case could be made that he could be guilty of manslaughter though.

With all the conflicting reports in the media, it seems to me that this is hardly a cut and dry case of murder or standing one’s ground. People on all sides of this issue should resist making this about every civil rights sin ever committed by members of various races. This case is about two individuals, George Zimmerman and Trayvon Martin. Not Al Sharpton, nor the New Black Panthers, nor bigoted white people racially profiling.

For those of you who are marching for “justice” for Martin, is this truly what you want or do you want revenge? Are you willing to accept the possibility that after a jury (be it grand jury or a jury deciding if Zimmerman is guilty of murder or a lesser charge) hears the evidence that they might determine that there isn’t enough evidence to prove Martin guilty of murder? Like it or not, in our system the accused is supposed to be considered innocent until proven guilty. This means that sometimes people actually do get away with murder. If the state fails to prove Zimmerman is guilty, don’t blame the jury, blame the state for failing to prove his guilt.

For those of you who are certain that Zimmerman was in the right, I pose the same above question to you. Additionally, are you willing to modify your views if the facts turn out to be opposite of your initial thoughts on the case?

It’s high time for everyone to take a deep breath and let the process work and let the chips fall where they may. Justice is more important than your damned political agenda.

» Read more

Signs of Intelligent Life in the Colorado Senate

Several members of the Colorado Senate introduced a bill yesterday that would reduce drug possession from a felony to a misdemeanor, favoring drug treatment programs over incarceration in state prisons.

Lynn Bartels reporting for The Denver Post writes:

Senate Bill 2012-163 deals with drug offenders who primarily are users and addicts rather than dealers, and enhances their access to treatment.

“We have so many people throughout this country who are the casualties of a failed war on drugs,” said Rep. Claire Levy, D-Boulder. “And in one sense, when you get a felony, not only do you get a criminal penalty, but what you have is a sentence to life without employment.”
During a news conference at the Capitol, Levy presented the bill with Sens. Shawn Mitchell, R-Broomfield, and Pat Steadman, D-Denver, and Rep. Don Beezley, R-Broomfield.

[…]

“Let’s be clear. This is not legalization. This is not decriminalization,” Mitchell said. “This is simply a smarter approach to fighting the evils of drug abuse in our society.”

While this bill doesn’t go as far as I would like, this is certainly a step in the right direction. I’m not a big fan of forced drug treatment programs but it’s a far better alternative than a felony conviction that never goes away. In addition to this proposed legislation, Coloradans will have an opportunity to legalize marijuana (with the same regulations as alcohol) in November. If both of these become Colorado law, this would be a pretty significant blow to the war on (some) drugs and the prison industrial complex IMO.

Will either of these reforms pass? It’s hard for me to say but I’m a little skeptical. Still, the fact that these sorts of reforms are being proposed outside of libertarian debate societies by people who can actually change the criminal code is quite exciting and quite encouraging.

Quote of the Day: Obscene Edition

The sweater vested theocrat Rick Santorum has struck again, this time promising to “vigorously” enforce obscenity laws. Tom Knighton at United Liberty thinks that there are higher priorities facing the next president than lax enforcement of pornography statutes writing:

Take a look around for a moment. We have a nation that is falling apart. The constitution is practically on life support, and Congress is doing it’s best to pull the plug on it. American citizens can be detained indefinitely thanks to the NDAA. There are constant assaults on the internet through laws like SOPA. Now, the Secret Service can declare anywhere it wants as being off limits to free speech, and speaking your mind can constitute a felony. And where does Rick Santorum’s line in the sand fall? Apparently, on yet another action that involves consenting adults.

[…]

He’s talking about preventing me and my wife from watching something that was created by consenting adults, for consenting adults, sold to a willing customer who was also a consenting adult. That’s where this man’s priorities are?

I couldn’t agree more! Santorum’s priorities may be in line with some of the evangelicals in the GOP but I’m quite certain that most voters in the general election have very different priorities. This is yet another example of why if Santorum wins the nomination, Barack Obama will serve a second term as president.

ACTION ALERT: Tell Alabama Gov. Robert Bentley to Allow Thomas Arthur to Prove his Innocence Prior to Execution

Here’s another one of those no brainer cases where the question of guilt or innocence could be determined once and for all in a death penalty case if the state would only allow the condemned the opportunity to have DNA test run at no cost to the state. The Innocence Project makes the following plea to all who are concerned with matters of justice on behalf of Thomas Arthur who is scheduled to be put to death by the state of Alabama:

Thomas Arthur is on Alabama’s death row, convicted of a crime that another man has since confessed to committing. Despite this confession and many other irregularities that have surfaced, the state has set his execution date for March 29, just weeks away.

After the confession, the Alabama Supreme Court stayed Mr. Arthur’s execution and remanded his case to the trial court for an evidentiary hearing. The court ordered limited DNA testing of the wig that all parties agree was worn by the perpetrator. Although DNA was found on the wig, the Alabama Department of Forensic Sciences lacks the technology to develop a profile. Thomas Arthur and his attorneys want to re-test the wig, using more advanced DNA technology. But the state of Alabama won’t allow it, even though the defense is willing to pay for the testing!

It is unacceptable that the state of Alabama is prepared to put a potentially innocent man to death rather than let him conduct a simple test that could prove his innocence. Write Governor Robert Bentley and urge him to allow Thomas Arthur’s legal team to conduct the DNA testing that could spare his life.

To petition Gov. Bentley with a prewritten message, follow this link. It will only take a couple of minutes if that.

When the state can kill one of its citizens, it’s important that the state turns over every rock first. In the case of Thomas Arthur, there is a rock and I don’t think asking the governor to turn it over is too much to ask.

SCOTUS: Police Placing GPS Tracking Device on a Vehicle Without Warrant Violates the Fourth Amendment [or Does it?]

How about some good news on the civil liberties front to kick off the week for a change? Robert Barnes writing for The Washington Post reports that SCOTUS ruled 9-0 in United States v. Jones stating that the police placing a GPS tracking device on a person’s vehicle and tracking said vehicle over days, weeks, or months without a warrant violates the Fourth Amendment’s guarantee against unreasonable searches.

The Supreme Court ruled unanimously Monday that police must obtain a search warrant before using a GPS device to track criminal suspects. But the justices left for another day larger questions about how technology has altered a person’s expectation of privacy.

Justice Antonin Scalia wrote that the government needed a valid warrant before attaching a GPS device to the Jeep used by D.C. drug kingpin Antoine Jones, who was convicted in part because police tracked his movements on public roads for 28 days.

“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’ ” under the Fourth Amendment’s protection against unreasonable searches and seizures, Scalia wrote.

[…]

Alito’s point was that it was the lengthy GPS surveillance of Jones itself that violated the Fourth Amendment and that “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy.”

“For such offenses,” he wrote, “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.”

The only disagreement among the Justices was whether or not the decision went far enough to protect individuals in a 21st century world based on a 18th century law (i.e. the Fourth Amendment).

Hey, even a blind squirrel can find a nut once in awhile and in even rarer cases, 9 Supreme Court Justices.

***Correction/Further Analysis***
If you followed the link to The Washington Post article, you might notice that the parts I quoted don’t match up exactly. This is because the article has since been edited with a more complete explanation of what United States v. Jones really means. It appears that I put entirely too much trust into what was being reported in the media here and elsewhere (and I still haven’t gotten around to reading the opinion for myself).

Doug Mataconis (who is a lawyer; I am not) was the first to point out that the coverage of this ruling isn’t quite as good from a civil liberties perspective as the media would have us believe:

I think all you can really say is that, under circumstances of this case, the Court found that the use of the tracking device without a warrant was impermissible. As the majority opinion notes, however, the Government attempted to raise in their arguments to the Supreme Court the theory that the search was supported by reasonable suspicion and/or probable cause to believe that Jones was the leader of a drug gang. Under such a theory, the use of the tracking device would have theoretically been justified even without a warrant.

You can read a more detailed analysis from Doug here Outside the Beltway.

Doug also pointed me to this article by Orin Kerr at The Volokh Conspiracy post entitled “What Jones Does Not Hold”

It seems that I wasn’t the only one mislead about the true impact of this ruling. Even Radley Balko at The Agitator had to make some corrections to his post regarding this case and made reference to the same post by Kerr as well as an even more discouraging analysis from Tom Goldstein at SCOTUSblog.

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

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

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

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

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

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

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

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

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

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

…And share a few things:

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

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

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

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

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

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

Any topic, any situation, any problem.

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

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

At least for now…

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

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

Romney Would Have Signed the NDAA; Trusts that President Obama “Would not abuse this Power”

In last night’s debate, Gov. Mitt Romney said something quite incredible when asked if he would have signed the National Defense Authorization Act (NDAA):

Yes I would have [signed the NDAA] and I do believe it’s appropriate to have the capacity to detain people who are threats to this country who are members of Al Qaeda. Look you have every right in this country to protest and to express your views on a wide range of issues but you don’t have a right to join a group that is challenged America and has threatened killing Americans, has killed Americans and has declared war against America. That’s treason. And in this country we have a right to take those people and put them in jail.

And I recognize in a setting where there are enemy combatants and some of them on our own soil that could possibly be abused. There are a lot of things that I think this president does wrong – lots of them. But I don’t think he’s going to abuse this power and I know that if I were president I would not abuse this power. And I could also tell you in my view, you have to choose people who have sufficient character not to abuse the power of the presidency and to make sure that we do not violate the Constitutional principles.

But let me tell you, people who join Al Qaeda are not entitled to the rights of due process under our normal legal code. They are entitled instead to be treated as enemy combatants.

There are so many problems with Gov. Romney’s answer but let’s start with the issue of treason. The Constitution actually deals with the issue of treason (one of the few crimes mentioned in the document) in Article III, Section 3:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Where in this section does it say anything about jailing alleged traitors without due process? From my reading of this, the bar for proving treason is quite high but at a very minimum requires a trial (as opposed to the president’s declaration someone is a traitor or “enemy combatant”).

Perhaps the bigger issue is Romney’s throwing out any notion of the rule of law and replacing it with the rule of men. We are supposed to trust the president, even the very president who he says has done “lots of things” wrong. The onus is on us to make sure the “right” person is elected so that this power isn’t ever abused and does not violate Constitutional principles rather than constrain him with the rule of law (i.e. the Constitution).

I’ve got some bad news for you Gov. Romney. I don’t believe you have “sufficient character not to abuse the power of the presidency.” Your very acknowledgement that you would have signed the NDAA proves that you cannot be trusted to defend the Constitution as your oath would require.

Related:
National Defense Authorization Act Passes Complete With Indefinite Detention Provisions
The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Rick Santorum is Not as Pro-Family as He Would Have Us Believe

If someone were to pose the question: “Among the candidates running for president, who would you say describes himself as the most ‘pro-family’?”

I suspect that most people would say Rick Santorum and for good reason. To Santorum, the decline of the traditional, nuclear family is the root cause for every problem facing America right now. Even (perhaps especially) individual rights take a back seat to his family values.

While I obviously disagree with this view, I don’t think there is any question that children have a better chance of becoming productive, successful adults when they grow up in a healthy and loving family environment than those who do not. Whether such an environment requires both a father and mother is subject to debate (and maybe a topic for another time).

With the premise that Rick Santorum is the great defender of the family in mind, a member of Students for Sensible Drug Policy (SSDP) asked the former senator a very good question as he was wading through the crowd shaking hands:

“As a champion of family values and keeping America strong, would you continue to destroy families by sending nonviolent drug offenders to prison?”

To which Santorum responds:

“Uh…wow…the federal government doesn’t do that.”

Jacob Sullum’s response is right on:

“That will come as a surprise to the nearly 100,000 drug offenders in federal prison, who account for almost half of all inmates. (Another 400,000 or so are in state prisons and local jails.) Does Santorum think only violent drug offenders go to federal prison? There is no such requirement.”

Perhaps Santorum should take a moment to visit someone from Families Against Mandatory Minimums (FAMM) and find out if tougher federal drug laws are destroying families.

This is a perfect opening for the Ron Paul campaign to point this out to his rival who is obviously clueless on this issue. Between Rick Santorum’s continued support for the war on (some) drugs and his eagerness to start up a war* with Iran we cannot afford, I think it’s time to question his pro-family bona fides.

Related: Reforming America’s Prison System: The Time Has Come

» Read more

Rest in Peace: Siobhan Reynolds

On Saturday Dec 24th, an important voice in the cause of freedom was silenced. Siobhan Reynolds, founder of the Pain Relief Network, tireless foe of the monsters promoting the War on (Some) Drugs, and the financially ruined victim of secret court proceedings that outrage the conscience and will rightly be held in infamy in coming years, was killed in a plane crash.

I can think of no finer eulogy than the one given by Radley Balko on The Agitator:

There aren’t very many people who can claim that they personally changed the public debate about an issue. Reynolds could. Before her crusade, no one was really talking about the under-treatment of pain. The media was still wrapped up in scare stories about “accidental addiction” to prescription painkillers and telling dramatic (and sometimes false) tales about patients whose lazy doctors got them hooked on Oxycontin. Reynolds toured the country to point out that, in fact, the real problem is that pain patients are suffering, particularly chronic pain patients. After Reynolds, the major newsweeklies, the New York Times, and a number of other national media outlets were asking if the DEA’s war on pain doctors had gone too far. …

She was tireless. I often thought she was a bit too idealistic, or at least that she set her goals to high. She told me once that she wouldn’t consider her work done until the Supreme Court declared the Controlled Substances Act unconstitutional. …

Reynolds started winning. She deserves a good deal of the credit for getting Richard Paey out of prison. She got sentences overturned, and got other doctors acquitted. …

Of course, the government doesn’t like a rabble rouser. It becomes especially wary of rabble rousers who begin to have some success. And so as Reynolds’ advocacy began to move the ball and get real results, the government bit back. When Reynolds began a campaign on behalf of Kansas physician Stephen Schneider, who had been indicted for overprescribing painkillers, Assistant U.S. Attorney Tonya Treadway launched a shameless and blatantly vindictive attack on free speech. Treadway opened a criminal investigation into Reynolds and her organization, likening Reynolds’ advocacy to obstruction of justice. Treadway then issued a sweeping subpoena for all email correspondence, phone records, and other documents that, had Reynolds complied, would have been the end of her organization. …

So Reynolds fought the subpoena, all the way to the U.S. Supreme Court. And she lost. Not only did she lose, but the government, with compliance from the federal courts, kept the entire fight secret. The briefs for the case are secret. The judges’ rulings are secret. Reynolds was barred from sharing the briefs she filed with the press. Perversely, Treadway had used the very grand jury secrecy intended to protect the accused to not only take down Reynolds and her organization, but to protect herself from any public scrutiny for doing so. …

Despite all that, the last time I spoke with Reynolds, she working on plans to start a new advocacy group for pain patients. She was an unwearying, unwavering activist for personal freedom.

And she died fighting. Rest in peace.

Read the whole thing.

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.

Institute for Justice’s Bone Marrow Donor Compensation Legal Challenge Prevails

Here’s a follow up to a story I linked back in 2009 concerning the Institute for Justice’s legal challenge to the National Organ Transplant Act of 1984 and the act’s applicability to bone marrow transplants. This is very good news for the roughly 3,000 Americans who die every year while waiting to find a bone marrow match:

Arlington, Va.—The Ninth U.S. Circuit Court of Appeals today issued a unanimous opinion granting victory to cancer patients and their supporters from across the nation in a landmark constitutional challenge brought against the U.S. Attorney General. The lawsuit, filed by the Institute for Justice on behalf of cancer patients, their families, an internationally renowned marrow-transplant surgeon, and a California nonprofit group, seeks to allow individuals to create a pilot program that would encourage more bone-marrow donations by offering modest compensation—such as a scholarship or housing allowance—to donors. The program had been blocked by a federal law, the National Organ Transplant Act (NOTA), which makes compensating donors of these renewable cells a major felony punishable by up to five years in prison.

Under today’s decision, this pilot program will be perfectly legal, provided the donated cells are taken from a donor’s bloodstream rather than the hip. (Approximately 70 percent of all bone marrow donations are offered through the arm in a manner similar to donating whole blood.) Now, as a result of this legal victory, not only will the pilot programs the plaintiffs looked to create be considered legal, but any form of compensation for marrow donors would be legal within the boundaries of the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and various other U.S. territories.

[…]

Rowes concluded, “This case isn’t about medicine; everyone agrees that bone marrow transplants save lives. This case is about whether individuals can make choices about compensating someone or receiving compensation for making a bone marrow donation without the government stopping them.”

1 2 3 4 5 6 25