Archive for the ‘Fear your government’ Category

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Big Brother in the news

February 20, 2014

Here’s an interesting article in the Wall Street Journal by an FCC commissioner who complains about a new FCC initiative.

The FCC Wades Into the Newsroom

News organizations often disagree about what Americans need to know. MSNBC, for example, apparently believes that traffic in Fort Lee, N.J., is the crisis of our time. Fox News, on the other hand, chooses to cover the September 2012 attacks on the U.S. diplomatic compound in Benghazi more heavily than other networks. The American people, for their part, disagree about what they want to watch.

But everyone should agree on this: The government has no place pressuring media organizations into covering certain stories.

Unfortunately, the Federal Communications Commission, where I am a commissioner, does not agree. Last May the FCC proposed an initiative to thrust the federal government into newsrooms across the country. With its “Multi-Market Study of Critical Information Needs,” or CIN, the agency plans to send researchers to grill reporters, editors and station owners about how they decide which stories to run. A field test in Columbia, S.C., is scheduled to begin this spring.

The purpose of the CIN, according to the FCC, is to ferret out information from television and radio broadcasters about “the process by which stories are selected” and how often stations cover “critical information needs,” along with “perceived station bias” and “perceived responsiveness to underserved populations.”

H.T. Paul


Update

FCC throws out plan to question reporters about news coverage

The Federal Communications Commission has backtracked on a plan to ask journalists about news coverage decisions after protest from one of the commission’s members.

FCC Commissioner Ajit Pai, part of the commission’s Republican minority, wrote an op-ed in The Wall Street Journal on February 10 criticizing an FCC study on the news media. […]

Yesterday, FCC Chairman Tom Wheeler told staff to remove the offending questions, a commission statement today said.

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En la república bananera del norte (2)

February 12, 2014

Here’s an interesting report from Fox News (via Coyote blog).

FIRMS MUST SWEAR OBAMACARE NOT A FACTOR IN FIRINGS

Is the latest delay of ObamaCare regulations politically motivated? Consider what administration officials announcing the new exemption for medium-sized employers had to say about firms that might fire workers to get under the threshold and avoid hugely expensive new requirements of the law. Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees. How will the feds know what employers were thinking when hiring and firing? Simple. Firms will be required to certify to the IRS – under penalty of perjury – that ObamaCare was not a motivating factor in their staffing decisions. To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs. You can duck the law, but only if you promise not to say so.

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Snowden’s revelations

February 11, 2014

Here’s an interesting compilation at Lawfare. The catalog is pretty lengthy and may surprise you.

Catalog of the Snowden Revelations

This page catalogs various revelations by Edward Snowden, regarding the United States’ surveillance activities.

Each disclosure is assigned to one of the following categories: tools and methods, overseas USG locations from which operations are undertaken, foreign officials and systems that NSA has targeted, encryption that NSA has broken, ISPs or platforms that NSA has penetrated or attempted to penetrate, and identities of cooperating companies and governments.  Each entry includes the date the information was first published.

The page will be updated from time to time and is intended as a resource regarding Snowden and the debate over U.S. surveillance.  Comments and suggestions thus are welcomed, and should be sent to staff.lawfare@gmail.com.

In addition to this page, Lawfare has cataloged and summarized the FISA documents the government has declassified in response to the Snowden controversy in the Wiki Document Library.

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Remembering Kelo

February 9, 2014

An interesting retrospective on the Kelo Decision at the weekly Standard:

‘Kelo’ Revisited
Properties were seized and a neighborhood razed in the name of ‘economic development’ that never came

“See that pole with the transformer hanging from it?” Michael Cristofaro asked me. “That was where my family’s home was.”

I looked up at a line of high telephone poles marching diagonally against a blanched winter sky across a vast, empty field​—​90 acres​—​that was entirely uninhabited and looked as though it had always been that way. New London, population 27,000, a rundown onetime whaling port on the Atlantic coast that never recovered after the whaling industry died at the end of the 19th century, is a desolate-looking city. […]

Cristofaro and I were walking through a section of New London called Fort Trumbull, a fist-shaped peninsula jutting out into the Thames. It is the battleground of what must be the most universally loathed Supreme Court ruling of the new millennium, Kelo v. City of New London (2005). The case is named after its lead plaintiff, Susette Kelo, a nurse who had owned a home a few blocks away from the Cristofaro house. The Supreme Court voted 5-4 to uphold a Connecticut Supreme Court ruling that the city of New London and a nonprofit quasi-public entity that the city had set up, then called the New London Development Corporation (NLDC), were entitled to seize, in a process known as eminent domain, the homes and businesses of Kelo, the Cristofaros, and five other nearby property owners in the name of “economic development” that would generate “new jobs and increased revenue,” in the words of since-retired Justice John Paul Stevens, author of the majority opinion.

That is, the city and the NLDC were entitled to condemn and then bulldoze people’s homes solely in order to have something else built on the land that would produce higher property taxes​—​such as the office buildings, luxury condos, five-star hotel, spacious conference center, a “river walk” to a brand-new marina, and high-end retail stores that were part of an elaborate “economic development” plan for Fort Trumbull that the NLDC had launched in 1997. The Constitution’s Fifth Amendment bars governments from taking private property unless the taking is for a “public use.” Historically “public use,” as courts had interpreted it, meant a road, a bridge, a public school, or some other government structure. But in the Kelo decision, the High Court majority declared that “economic development” that would involve using eminent domain to transfer the property of one private owner to a different but more economically ambitious private owner​—​such as a hotel​—​qualified as a public use just as much as, say, a new city library.

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Legislating morality

February 8, 2014

Here’s an interesting article at Slate about the Noble Experiment as its supporters called it.

The Chemist’s War

It was Christmas Eve 1926, the streets aglitter with snow and lights, when the man afraid of Santa Claus stumbled into the emergency room at New York City’s Bellevue Hospital. He was flushed, gasping with fear: Santa Claus, he kept telling the nurses, was just behind him, wielding a baseball bat.

Before hospital staff realized how sick he was—the alcohol-induced hallucination was just a symptom—the man died. So did another holiday partygoer. And another. As dusk fell on Christmas, the hospital staff tallied up more than 60 people made desperately ill by alcohol and eight dead from it. Within the next two days, yet another 23 people died in the city from celebrating the season.

Doctors were accustomed to alcohol poisoning by then, the routine of life in the Prohibition era. The bootlegged whiskies and so-called gins often made people sick. The liquor produced in hidden stills frequently came tainted with metals and other impurities. But this outbreak was bizarrely different. The deaths, as investigators would shortly realize, came courtesy of the U.S. government.

Frustrated that people continued to consume so much alcohol even after it was banned, federal officials had decided to try a different kind of enforcement. They ordered the poisoning of industrial alcohols manufactured in the United States, products regularly stolen by bootleggers and resold as drinkable spirits. The idea was to scare people into giving up illicit drinking. Instead, by the time Prohibition ended in 1933, the federal poisoning program, by some estimates, had killed at least 10,000 people.

Daniel Okrent’s book Last Call is an interesting history of Prohibition (though I found it a little verbose).

It’s amazing what people will do when they start doubling down on a bad bet. You have to wonder, don’t you, why anyone felt they should conduct such an experiment – much less try to conduct it using these means. What had become of their sense of humanity? Evidently they felt that the Power of the Majority was a license to kill.

To quote Mencken: "I believe that any man who takes the liberty of another into his keeping is bound to become a tyrant, and that any man who yields up his liberty, in however slight the measure, is bound to become a slave."

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Policing for profit (2)

February 3, 2014

Another good clip from the Institute for Justice.

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Good news!

January 17, 2014

One of Chip Bok’s Friday Funnies.

youre-not-paranoid

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Policing the police

December 30, 2013

I’ve heard several people suggest this idea but I hadn’t heard that it had been put into practice. This article appeared in The New York Times in late August. (My emphasis.)

RTWT. And advocate this for your local police forces.

In California, a Champion for Police Cameras

RIALTO, Calif. — “Get on the ground,” Sgt. Chris Hice instructed. The teenage suspects sat on the curb while Sergeant Hice handcuffed them.

“Cross your legs; don’t get up; put your legs back,” he said, before pointing to the tiny camera affixed to his Oakley sunglasses. “You’re being videotaped.”

It is a warning that is transforming many encounters between residents and police in this sunbaked Southern California city: “You’re being videotaped.”

Rialto has become the poster city for this high-tech measure intended to police the police since a federal judge last week applauded its officer camera program in the ruling that declared New York’s stop-and-frisk program unconstitutional. Rialto is one of the few places where the impact of the cameras has been studied systematically.

In the first year after the cameras were introduced here in February 2012, the number of complaints filed against officers fell by 88 percent compared with the previous 12 months. Use of force by officers fell by almost 60 percent over the same period. […]

William A. Farrar, the Rialto police chief, believes the cameras may offer more benefits than merely reduced complaints against his force: the department is now trying to determine whether having video evidence in court has also led to more convictions.

But even without additional data, Chief Farrar has invested in cameras for the whole force.

“When you put a camera on a police officer, they tend to behave a little better, follow the rules a little better,” Chief Farrar said. “And if a citizen knows the officer is wearing a camera, chances are the citizen will behave a little better.” […]

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You’d still be wrong

December 9, 2013

…if you thought "the lessons from letting governments mismanage economies would be apparent to people by now and that they wouldn’t let their governments try that" (as I wrote six months ago).

This article from The Christian Science Monitor reports that the Venezuelan government is still trying to micro-manage the country’s economy in the usual statist manner. That is, by force and the threat of force: "levying hefty fines and even jail time on venders who don’t comply with government-approved prices." (My emphasis below.)

Venezuela: where used car salesmen are king?

For the past nine months, Luis Medina, a building caretaker, has scoured new car listings, searching for a light truck or SUV. Despite having the cash in hand, he’s regularly turned away from dealerships due to years-long waiting lists.

“At this point it’s whatever’s available,” he says.

New cars in Venezuela have become something of a rarity, yet many like Mr. Medina balk at the thought of buying used. “They’re far too expensive for what they’re worth,” he says.

The premise may leave car enthusiasts in other parts of the world scratching their heads, but vehicles actually gain in value in Venezuela – as soon as they’re driven off the new or used lot. Shortages and government-mandated currency controls have led to higher preowned car prices, as many consumers are desperate to find a vehicle.

On TuCarro.com, a popular used car website, a secondhand 2012 Jeep Grand Cherokee is more than double the price of a new one. Similarly, five-year-old Ford Fiestas and Explorers easily match factory sticker prices.

But in a move to protect consumers, Venezuela’s National Assembly has sought to throw the brakes on soaring car costs. Last month, a bill was passed that, if signed into a law by President Nicolás Maduro, would attempt to regulate both new and used car prices, levying hefty fines and even jail time on venders who don’t comply with government-approved prices.

As though the poor citizens of Venezuela don’t have it bad enough with 45% inflation, now they’re probably facing price caps when selling used cars — as though the boys in Caracas have all the used car angles figured already.

When do you think the Venezuelan government will figure out that citizens are both consumers (buyers) and producers (sellers) in a used goods market? I haven’t met many people who’ve bought used cars but never sold any. Have you?

Will the Venezuelan government ever make that connection? Or will it be too proud of its new law to ‘protect consumers’ to notice that today’s buyer is tomorrow’s seller?

Speaking of the Venezuelan government, I wonder how its campaign against that nasty toilet paper conspiracy turned out?

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Policing for Profit

November 24, 2013

This snippet comes from the latest article in a series of reports on Policing for Profit by reporter Phil Williams with WTVF in Nashville, Tennessee. Mister Williams has done quite a job reporting on this topic.

There’s video at the link (and for all of his reports, I believe).

Task Force Head Claims ‘Terrorism’ Behind $160,000 Seizure

NASHVILLE, Tenn. — There was stunning testimony Wednesday before a state Senate committee as a local drug task force found itself facing tough questions.

The director of the 23rd Judicial District Drug Task Force responded to those questions — about whether his agency was “policing for profit” — with new claims that agents are really taking money out of the hands of terrorists.

While there’s absolutely no evidence that the terrorism claim is true, the task force director ended up inadvertently conceding that interstate interdiction units do indeed have a profit motive.

“You said if the money is not there they could potentially lose their jobs or they could potentially lose those bonuses,” observed Sen. Stacey Campfield, R-Knoxville, toward the end of the hearing. […]

Via The Agitator

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Fourth Amendment dissed yet again

November 19, 2013

Paul sends a link to this story from station KXAS in Dallas-Fort Worth. There’s video at the site (which starts with an obnoxious, unavoidable 10-second ad).

North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood

Some drivers in North Fort Worth on Friday were stopped at police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood. The request was part of a government research study aimed at determining the number of drunken or drug-impaired drivers.

Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood.

It was part of a government research study aimed at determining the number of drunken or drug-impaired drivers.

“It just doesn’t seem right that you can be forced off the road when you’re not doing anything wrong,” said Kim Cope, who said she was on her lunch break when she was forced to pull over at the roadblock on Beach Street in North Fort Worth.

The National Highway Traffic Safety Administration, which is spending $7.9 million on the survey over three years, said participation was “100 percent voluntary” and anonymous.

But Cope said it didn’t feel voluntary to her — despite signs saying it was.

“I gestured to the guy in front that I just wanted to go straight, but he wouldn’t let me and forced me into a parking spot,” she said.

I understand why Ms Cope didn’t tell these folks to take their ‘voluntary participation’ and stuff it. But how great would it have been if she had?

Remember to ask: Am I being detained?

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Traffic stop leads to forced colonoscopy

November 6, 2013

How many more times do events like this need to happen before we put a stop to them? This comes from station KOB in Albuquerque; the video of their TV news report can be seen at the link.

4 On Your Side investigates traffic stop nightmare

[…] The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn’t make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.

Eckert’s attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search. […]

What Happened

While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert’s medical records, which he released to KOB, and details in the lawsuit show the following happened:

1. Eckert’s abdominal area was x-rayed; no narcotics were found.

2. Doctors then performed an exam of Eckert’s anus with their fingers; no narcotics were found.

3. Doctors performed a second exam of Eckert’s anus with their fingers; no narcotics were found.

4. Doctors penetrated Eckert’s anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

5. Doctors penetrated Eckert’s anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

6. Doctors penetrated Eckert’s anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

7. Doctors then x-rayed Eckert again; no narcotics were found.

8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert’s anus, rectum, colon, and large intestines. No narcotics were found.

Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures. […]


Update
Orin Kerr writes at The Volokh Conspiracy (my emphasis in the penultimate sentence).

A Preliminary Legal Analysis of Eckert v. City of Deming, the “Clenched Buttocks” Case

A lot of folks in the blogosphere have been writing about this story on Eckert v. City of Deming, a Fourth Amendment civil case involving a routine traffic stop that turned into the government forcing a suspect to undergo invasive medical procedures looking for drugs. I thought I would run through some of the allegations as well as the major legal issues they raise. Unfortunately, the case is too complicated to give a full and complete picture of all the legal issues in the time I have. But I hope to at least hit some major points.

The facts alleged in the case are complicated and filled with many allegations, but here’s the gist of it. […]

Finally, the officers came to the conclusion that Eckert had no drugs in him, and they returned him home. To add insult to injury, the medical center then billed Eckert for the medical procedures that they forced him to undergo. (Not relevant to the Fourth Amendment issues, I realize. But damn, that’s cold.)

This sounds like another case of injustice becoming law. I believe the medical people billed Mr. Eckert somewhere in the neighborhood of $6.000 for their services to the police.

Ignoring the Fourth Amendment issues and looking only at the money trail, where’s the downside for the police? There is no downside: they could do this to anyone. By forcing the victim to pay for medical procedures he doesn’t consent to in their search for drugs, all the police lose is their time.


Update from KOB (1/12/14)

City, county settle in controversial anal probing case

In November, a KOB 4 On Your Side investigation outraged the nation and the story of David Eckert went viral.

From coast to coast, people wanted justice for the New Mexico man who was anally probed and forced to undergo a colonoscopy after police suspected he had drugs in his rectum.

Sunday, Eckert tells KOB that he is finding some justice after a major court decision in his case. […]

In December, Hidalgo County and the City of Deming settled.

Through a records request, 4OYS learned that settlement amount is set at $1.6 million.

“The gratifying aspect of this case is the media attention that it has gotten and the opportunity for discussions in the law enforcement and medical communities about how to deal with these opportunities and what to do with requests from law enforcement about medical exams for people in custody,” Eckert’s attorney Joseph Kennedy said.

Here is the settlement breakdown: Hidalgo County will pay $650,000 and the City of Deming will pay $950,000.

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Paranoia strikes deep

October 19, 2013

Via Reason, here’s the opening of an interesting article at the ACLU blog wondering whether Congressional representatives are being blackmailed by the NSA.

On the Prospect of Blackmail by the NSA

Sometimes when I hear public officials speaking out in defense of NSA spying, I can’t help thinking, even if just for a moment, “what if the NSA has something on that person and that’s why he or she is saying this?”

Of course it’s natural, when people disagree with you, to at least briefly think, “they couldn’t possibly really believe that, there must be some outside power forcing them to take that position.” Mostly I do not believe that anything like that is now going on.

But I cannot be 100% sure, and therein lies the problem. The breadth of the NSA’s newly revealed capabilities makes the emergence of such suspicions in our society inevitable. Especially given that we are far, far away from having the kinds of oversight mechanisms in place that would provide ironclad assurance that these vast powers won’t be abused. […]

There has already been prominent speculation about this threat. David Sirota explicitly mulled the subject in this (paywalled) piece, as have writers at Firedoglake and TechDirt. Whistleblower Russell Tice has also alleged that while at the agency he saw wiretap information for members of Congress and the judiciary firsthand. Such fears explain why it is considered an especially serious matter any time elected or judicial officials are eavesdropped upon. The New York Times reported in 2009 that some NSA officials had tried to wiretap a member of Congress without a warrant. Members of Congress (and perhaps the judiciary) surely also noted a Washington Post report based on Snowden documents that the NSA had intercepted a “large number” of calls from the Washington DC area code due to a “programming error.”

For what it’s worth.

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When injustice becomes law (1)

September 26, 2013

The IRS seized Mr. Dehko’s cash because he was suspected of the crime of "structuring." He wasn’t charged or convicted, mind you — only suspected. So the Feds didn’t sue Mr. Dehko; instead they sued his $35,651.11. I’m sure that makes sense to some lawyer somewhere. To me it just sounds like a license to steal.

Thank Heaven for the Institute for Justice. If you want to lend a hand, here’s how.

United States v. $35,651.11
Feds Seize Family Grocery Store’s Entire Bank Account

Can the government use civil forfeiture to take your money when you have done nothing wrong—and then pocket the proceeds? The IRS thinks so.

For over 30 years, Terry Dehko has successfully run a grocery store in Fraser, Mich., with his daughter Sandy. In January 2013, without warning, the federal government used civil forfeiture to seize all of the money from the Dehkos’ store bank account (more than $35,000) even though they’ve done absolutely nothing wrong. Their American Dream is now a nightmare.

Federal civil forfeiture law features an appalling lack of due process: It empowers the government to seize private property from Americans without ever charging, let alone convicting, them of a crime. Perversely, the government then pockets the proceeds while providing no prompt way to get a court to review the seizure.

On September 25, 2013, Terry and Sandy teamed up with the Institute for Justice to fight back in federal court. A victory will vindicate not just their right to be free from abusive forfeiture tactics, but the right of every American not to have their property wrongfully seized by government.


Update from the Institute:

IRS Backs Down:
Michigan Forfeiture Cases Voluntarily Dismissed
Government Will Return Seized Money to Small-Business Owners; Federal Lawsuit Continues Over Right to Prompt Hearing

WEB RELEASE: November 15, 2013

Arlington, Va.—Just hours after the Institute for Justice announced it was joining another civil forfeiture lawsuit in Michigan against the federal government, the IRS filed motions to voluntarily dismiss two forfeiture actions against innocent Detroit-area small-business owners. Terry Dehko of Fraser, Mich., and Mark Zaniewski of Sterling Heights, Mich., will each get back all of the money seized without warning from their business’s bank accounts (over $100,000 in total) by the federal government.

While today’s victories vindicate the property rights of Dehko and Zaniewski, they do not solve the nationwide forfeiture problem. […] A separate federal lawsuit filed in September by the Institute for Justice on behalf of Terry Dehko and his daughter, Sandra Thomas, seeks to reform civil forfeiture law to protect the constitutional rights of property owners. That lawsuit will continue.

“The IRS should not be raiding the bank accounts of innocent Americans, and it should not take a team of lawyers to put a stop to this behavior,” said IJ Senior Attorney Clark Neily. “We are thrilled that Terry, Sandy, and Mark will finally get their money back, but their fight does not end today. Our constitutional lawsuit against the federal government seeks to rein in the shameful practice of civil forfeiture.”

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You can check out any time you like

August 30, 2013

Don’t Fly During Ramadan is Aditya Mukerjee’s essay about his recent experience with the TSA. It’s a long post but worth your time; here’s a short snippet.

At this point, I didn’t mind having to leave the secure area and go back through security again (this time not opting out of the machines), but I didn’t particularly want to get the cops involved. I told him, “Okay, fine, I’ll leave”.

“You can’t leave here.”

“Are you detaining me, then?” I’ve been through enough “know your rights” training to know how to handle police searches; however, TSA agents are not law enforcement officials. Technically, they don’t even have the right to detain you against your will.

“We’re not detaining you. You just can’t leave.” My jaw dropped.

“Either you’re detaining me, or I’m free to go. Which one is it?” I asked.

He glanced for a moment at my backpack, then snatched it out of the conveyor belt. “Okay,” he said. “You can leave, but I’m keeping your bag.”

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Randy Barnett on the NSA and secret courts

August 21, 2013

Here’s Matt Welch interviewing Randy Barnett last month in Las Vegas.

This is the Wall Street Journal op-ed by Barnett that Welch mentioned at the start.

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Bambi gets SWATted

August 13, 2013

Just in case we needed a reminder that the police have become too militarized, what follows is the first half of a post at Popehat.

Mutants. Secret Society members. Communists. Baby deer.

In other news, someone brought an baby deer that had been abandoned by its mother to a no-kill animal shelter in Wisconsin.

The no-kill shelter placed a few calls, found a licensed wildlife refuge that would take the baby, and kept the animal in their fenced wooded facility for two weeks until the slot opened up at the refuge.

But, thankfully, this evil criminal conspiracy was stopped in its tracks. Thanks to brave government employees, aerial photos were taken, surveillance was performed, a SWAT team was assembled, and then nine agents of the Department of Natural Resources and four deputies “all armed to the teeth”, raided the no-kill animal shelter.

And shot the baby deer and stuffed its corpse into a body bag.

Because, you see, the law forbids private possession of wildlife. And those villains at the no-kill animal shelter weren’t going to send the deer to the licensed wild life refuge until tomorrow

Details.

The Popehat post is about a news article reported by WISN in Wisconsin. The WISN page includes a 3-minute video of its TV report.

Thirteen armed officers to serve a warrant for a wildlife regulatory violation? It must have been a very slow day at the Wisconsin Department of Natural Resources.

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Those damned Free Staters!

August 12, 2013

This report is simply incredible.

N.H. City Wants a “Tank” to Use Against Occupiers and Libertarians
Concord police listed the nonviolent groups as domestic terror threats in a federal grant application.

After the public release of a document in which he suggested that Occupiers and libertarians pose a domestic terror threat to Concord, New Hampshire, the city’s police chief has backed away from the claim.

In an application to the Department of Homeland Security (DHS) seeking more than $250,000 to purchase an armored police vehicle, the capital city of New Hampshire specified the local branch of the Occupy movement and the Free State Project, an effort to recruit “liberty-loving people” to relocate to the Granite State, as potential sources of terrorist action.

“The State of New Hampshire’s experience with terrorism slants primarily towards the domestic type,” the filing reads. “We are fortunate that our State has not been victimized from a mass casualty event from an international terrorism strike however on the domestic front, the threat is real and here. Groups such as the Sovereign Citizens, Free Staters and Occupy New Hampshire are active and present daily challenges.”

Is the Concord police chief dyslexic? Did he confuse the SLA (Patty Hearst’s kidnappers) with the LSA?

We all know, of course, what notorious terrorists those libertarians are: their bloody acts have stained the pages of history for too long now.

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A license to steal

August 12, 2013

Here’s the start of a long article on civil forfeiture by Sarah Stillman that appears in The New Yorker. RTWT.

Taken
Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?

On a bright Thursday afternoon in 2007, Jennifer Boatright, a waitress at a Houston bar-and-grill, drove with her two young sons and her boyfriend, Ron Henderson, on U.S. 59 toward Linden, Henderson’s home town, near the Texas-Louisiana border. They made the trip every April, at the first signs of spring, to walk the local wildflower trails and spend time with Henderson’s father. This year, they’d decided to buy a used car in Linden, which had plenty for sale, and so they bundled their cash savings in their car’s center console. Just after dusk, they passed a sign that read “Welcome to Tenaha: A little town with BIG Potential!”

They pulled into a mini-mart for snacks. When they returned to the highway ten minutes later, Boatright, a honey-blond “Texas redneck from Lubbock,” by her own reckoning, and Henderson, who is Latino, noticed something strange. The same police car that their eleven-year-old had admired in the mini-mart parking lot was trailing them. Near the city limits, a tall, bull-shouldered officer named Barry Washington pulled them over.

He asked if Henderson knew that he’d been driving in the left lane for more than half a mile without passing.

No, Henderson replied. He said he’d moved into the left lane so that the police car could make its way onto the highway.

Were there any drugs in the car? When Henderson and Boatright said no, the officer asked if he and his partner could search the car.

The officers found the couple’s cash and a marbled-glass pipe that Boatright said was a gift for her sister-in-law, and escorted them across town to the police station. In a corner there, two tables were heaped with jewelry, DVD players, cell phones, and the like. According to the police report, Boatright and Henderson fit the profile of drug couriers: they were driving from Houston, “a known point for distribution of illegal narcotics,” to Linden, “a known place to receive illegal narcotics.” The report describes their children as possible decoys, meant to distract police as the couple breezed down the road, smoking marijuana. (None was found in the car, although Washington claimed to have smelled it.)

The county’s district attorney, a fifty-seven-year-old woman with feathered Charlie’s Angels hair named Lynda K. Russell, arrived an hour later. Russell, who moonlighted locally as a country singer, told Henderson and Boatright that they had two options. They could face felony charges for “money laundering” and “child endangerment,” in which case they would go to jail and their children would be handed over to foster care. Or they could sign over their cash to the city of Tenaha, and get back on the road. “No criminal charges shall be filed,” a waiver she drafted read, “and our children shall not be turned over to CPS,” or Child Protective Services.

“Where are we?” Boatright remembers thinking. “Is this some kind of foreign country, where they’re selling people’s kids off?” Holding her sixteen-month-old on her hip, she broke down in tears.

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The Army of the State (2)

August 4, 2013

Paul sends a link to this video about a business man’s encounter with an Indianapolis policeman. Luckily, no one was seriously injured or killed by this cop with a short fuse.