Quotulatiousness

October 10, 2012

Macdonell on the Heights

Filed under: Cancon, History, Military — Tags: , , , — Nicholas @ 16:50

One of my favourite Stan Rogers songs is “Macdonell on the Heights”. Here’s the history behind the song, courtesy of the Niagara 1812 Legacy Council:

John Macdonell was born in April 1785 in Scotland. At the age of seven he came with his family to Canada where at the age of 23 he became a lawyer. He later earned a seat in the legislature and in September 1811 he was appointed attorney-general.

Macdonell was not loved by all, especially William Baldwin who duelled with the attorney-general, but his position brought him closer to Isaac Brock, who asked Macdonell to serve as his aide. Macdonell was a lieutenant-colonel in the York Militia where he served as Brock’s aide with energy and poise.

During the Battle of Queenston Heights Macdonell was not far behind Brock, who had left in the early hours from Fort George to the site of the American invasion. It was not long after Brock’s failed advance up the heights that Macdonell led his own desperate charge to retake the redan battery. Macdonell’s small force did push the Americans back briefly, but a musket ball hit Macdonell’s horse, which reared up as a second musket ball struck Macdonell’s back. Macdonell was shot four times but it did not prevent him from attempting to stand and continue the attack. Fellow officers pulled the lieutenant-colonel from the battlefield as the attack failed to capture the redan battery.

It’s not the narrative

Filed under: Books, Media, Politics, USA — Tags: , — Nicholas @ 12:37

In this month’s Reason magazine, Peter Suderman has an interesting story about Barack Obama and his obsession with narrative:

Did Barack Obama ruin politics? Or did politics ruin Barack Obama? At this point, most Americans have made up their minds about the president one way or another. But even for people who think they know who the man in the Oval Office really is, it’s easy to forget who he once was.

Before running for political office, Barack Obama was a stubborn dreamer with a literary bent. Mostly he dreamed of living a better life story, even if that meant scrubbing away the blemishes of reality. Part of his appeal was the way he emerged from adversity unsullied. He was better than that. And with his help, we could be too.

That was Obama’s pitch to America. He would allow all of us to escape the mundane reality of politics, to live that better story with him, and erase the messiness of the past and present — just as he had done for himself. In Dreams from My Father, Obama’s 1995 book about his itinerant childhood and work as a community organizer in Chicago, the pre-presidential candidate recalls his grandfather’s habit of rewriting uncomfortable truths about his own history in order to produce a better future. Obama, who as a child lived with his grandparents for many years, admits to picking up the habit himself: “It was this desire of his to obliterate the past,” he writes, “this confidence in the possibility of remaking the world from whole cloth, that proved to be his most lasting patrimony.”

Obama applied that very American tradition to politics. His campaigns would be about making the world a better place — more personable, less racially charged, more united in goals and respectful in temperament — more true, in other words, to the story we all wanted to believe about America. The ugliness of politics past would lose its grip on the reimagined future.

But the power to imagine is not the power to accomplish. Vague, high-minded goals get sullied when translated into specific, practical policies. Nearly a full term of a moribund economy has turned the words hope and change into bitter punch lines. As time passes, the suspicion grows that the same narrative gift that made Obama so interesting and fresh in the mid-1990s contained the seeds of his failure as a president. Storytelling, it turns out, is no substitute for governance, and nothing ruins a promising writer faster than the practice of wielding power. As the allure of Obama’s dreams wears off, so has the allure of his presidency. Obama promised to change politics; instead, politics changed him.

Defending the rights of the accused (even when the accused are “clearly guilty”)

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:41

Ken White doesn’t like the way the criminal justice system is criticized on the basis of “feelings”, rather than the facts. In a recent case that the media has reported on as a travesty of justice, he defends the process by which the decision was reached.

Blogger “Gideon” writes at A Public Defender and is, in fact, a public defender. That is to say, Gideon works every day under lousy conditions, inadequate funding, and impossible odds to provide a vigorous defense to people accused of crimes who can’t afford a lawyer — people who, absent vigorous representation, will be ground up by the system, guilty or innocent. God bless Gideon for that. Gideon has been waging a lonely battle to explain what Fourtin v. Connecticut actually means.

As Gideon explains at length […], prosecutors made the strange and probably incompetent tactical decision to charge Fourtin under an infrequently used subsection of the Connecticut rape statute, a subsection that only applies to sexual assault of someone who is “physically helpless.” What the Supreme Court of Connecticut found was not that “if a severely handicapped person could resist but doesn’t, its not rape.” What the Court found was that this victim — who, though severely handicapped, could move and resist — was not “physically helpless” within the meaning of the statute, which is narrowly confined to people who are “unconscious or for some other reason physically unable to communicate lack of consent.” The Court found that the evidence showed that the victim could communicate lack of consent, and thus wasn’t “physically helpless” under the statute. The Court also repeatedly criticized the prosecutor’s decision to charge the case under this particular statute (rather than, for instance, under another subsection that could have applied because the victim was so mentally impaired that she was “unable to consent to such sexual intercourse”), and failure to offer evidence of state’s latecoming theories under this statute.

I’m outraged that the prosecution made a lousy and seemingly inexplicable call. I’m outraged that someone who sexually assaulted a profoundly handicapped woman goes free because of incompetence. But I’m not outraged that the state has to prove that you’re guilty of the specific crime you’re charged with to put you in prison. That’s fundamental to due process. “Well, hell, he didn’t do what he’s charged with, but he did something else awful” is tyrannical. I’m more afraid of the state’s ability to make it up as they go along in a criminal case than I am of criminals going free. As a criminal defense attorney, I know that it would be impossible to defend clients if the government could throw on their case and then ask the judge to find a statute that fits, instead of charging defendants with a specific crime and then proving that crime. As Gideon points out, the Sixth Amendment gives you the right “to be informed of the nature and cause of the accusation” against you. “You’re a criminal, we’ll figure out what statute you violated after we see how the evidence turns out at trial” is not due process.

Mark Steyn “loathes” Sesame Street

Filed under: Media, Politics, USA — Tags: , , , , — Nicholas @ 10:31

In the National Post, Mark Steyn cuts loose on the sacred-to-American-childhood TV show (and associated toys, games, books, clothing, etc.) Sesame Street:

That’s what Mitt did in Denver. Ten minutes in, he jumped right on Big Bird, and then he took off — and never looked back, while the other fellow, whose name escapes me, never got out of the gate. It takes a certain panache to clobber not just your opponent but also the moderator. Yet that’s what the killer Mormon did when he declared that he wasn’t going to borrow money from China to pay for Jim Lehrer and Big Bird on PBS. It was a terrific alpha-male moment, not just in that it rattled Lehrer, who seemed too preoccupied contemplating a future reading the hog prices on the WZZZ Farm Report to regain his grip on the usual absurd format, but in the sense that it indicated a man entirely at ease with himself — in contrast to wossname, the listless sourpuss staring at his shoes.

Yet, amidst the otherwise total wreckage of their guy’s performance, the Democrats seemed to think that Mitt’s assault on Sesame Street was a misstep from whose tattered and ruined puppet-stuffing some hay is to be made.

“WOW!!! No PBS!!! WTF how about cutting congress’s stuff leave big bird alone,” tweeted Whoopi Goldberg. Even the President mocked Romney for “finally getting tough on Big Bird” — not in the debate, of course, where such dazzling twinkle-toed repartee might have helped, but a mere 24 hours later, once the rapid-response team had directed his speechwriters to craft a line, fly it out to a campaign rally, and load it into the prompter, he did deliver it without mishap.

Unlike Mitt, I loathe Sesame Street. It bears primary responsibility for what the Canadian blogger Binky calls the de-monsterization of childhood — the idea that there are no evil monsters out there at the edges of the map, just shaggy creatures who look a little funny and can sometimes be a bit grouchy about it because people prejudge them until they learn to celebrate diversity and help Cranky the Friendly Monster go recycling. That is not unrelated to the infantilization of our society. Marinate three generations of Americans in that pabulum and it’s no surprise you wind up with unprotected diplomats dragged to their deaths from their “safe house” in Benghazi. Or as J. Scott Gration, the president’s special envoy to Sudan, said in 2009, in the most explicit Sesamization of American foreign policy: “We’ve got to think about giving out cookies. Kids, countries — they react to gold stars, smiley faces, handshakes.” The butchers of Darfur aren’t blood-drenched machete-wielding genocidal killers but just Cookie Monsters whom we haven’t given enough cookies. I’m not saying there’s a direct line between Bert & Ernie and Barack & Hillary … well, actually I am.

Is “national security” just another term for “protectionism”

Filed under: Business, Cancon, China, Government, Technology — Tags: , , , — Nicholas @ 10:16

Daniel Ikenson at the Cato@Liberty blog:

Chinese telecommunications companies Huawei and ZTE long have been in the crosshairs of U.S. policymakers. Rumors that the telecoms are or could become conduits for Chinese government-sponsored cyber espionage or cyber attacks on so-called critical infrastructure in the United States have been swirling around Washington for a few years. Concerns about Huawei’s alleged ties to the People’s Liberation Army were plausible enough to cause the U.S. Committee on Foreign Investment in the United States (CFIUS) to recommend that President Bush block a proposed acquisition by Huawei of 3Com in 2008. Subsequent attempts by Huawei to expand in the United States have also failed for similar reasons, and because of Huawei’s ham-fisted, amateurish public relations efforts.

So it’s not at all surprising that yesterday the House Permanent Select Committee on Intelligence, yesterday, following a nearly year-long investigation, issued its “Investigative Report on the U.S. National Security Issues Posed by Chinese Telecommunications Companies Huawei and ZTE,” along with recommendations that U.S. companies avoid doing business with these firms.

But there is no smoking gun in the report, only innuendo sold as something more definitive. The most damning evidence against Huawei and ZTE is that the companies were evasive or incomplete when it came to providing answers to questions that would have revealed strategic information that the companies understandably might not want to share with U.S. policymakers, who may have the interests of their own favored U.S. telecoms in mind.

It’s not just the United States, either: Canada is also getting wary of Huawei.

The Canadian government has said that it will be invoking a “national security exemption” as it hires firms to build a secure network, hinting that Chinese telco Huawei could be excluded.

The exemption allows the government to kick out of the running any companies or nations considered a security risk, which coming in the wake of the US report earlier this week labelling Huawei and ZTE as security threats, strongly indicates they’re out of the bidding.

Prime Minister Stephen Harper’s top media spokesman refused to say for sure whether the government had Huawei in mind when invoking the exemption.

“The government is going to be choosing carefully in the construction of this network and it has invoked the national security exception for the building of this network,” he said, according to the Calgary Herald.

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