Quotulatiousness

June 19, 2021

Proposed new firearms rules “… are ultimately unenforceable, and […] they are dangerous end-runs around due process that threaten fundamental rights”

Filed under: Law, Liberty, USA, Weapons — Tags: , , , — Nicholas @ 05:00

J.D. Tuccille reports on the latest US federal government proposals on changes to firearm regulations:

As expected, the Biden administration released proposed new rules for pistol braces and model legislation for “red flag” laws that make it easier to confiscate privately owned firearms. Also as expected, the proposals are ludicrous. On the one hand, they are pointless and nitpicky rules that are ultimately unenforceable, and on the other hand they are dangerous end-runs around due process that threaten fundamental rights. Taken together, they illustrate the unserious nature of gun regulations which are crafted more to appeal to political audiences than to achieve positive results.

The silliness inherent in this sort of rulemaking is apparent from the Department of Justice’s announcement of “a notice of proposed rulemaking that makes clear that when individuals use accessories to convert pistols into short-barreled rifles, they must comply with the heightened regulations on those dangerous and easily concealable weapons.”

For those new to this controversy, stabilizing braces were developed to help disabled veterans more accurately shoot pistols (usually those built around AR-15 receivers) one-handed. The “problem” is that many resemble shoulder stocks and can be used in that role. By no means does an attachment that lets a pistol be fired from the shoulder make it especially “dangerous and easily concealable.” Instead, it makes it less concealable since it has a brace sticking off the back. Braces do render pistols more accurate, which could be interpreted as dangerous if you’re upset by shooters hitting where they aim.

But a pistol that can be fired from the shoulder is arguably a short-barreled rifle under the National Firearms Act (NFA), and subject to special restrictions, taxes, and registration requirements that don’t apply to regular pistols or regular rifles, but do apply to (among other weapons) rifles with barrels shorter than 16 inches. These regulations are not evidence that short-barreled rifles are particularly dangerous, but that, like many laws, the NFA is thoroughly idiotic.

Braces have been treated as legal devices for years but have recently been targeted by the sort of people who see advantage in pretending that a firearm with a buttstock and a short barrel is more “dangerous and easily concealable” than stock-less pistols and long-barreled rifles. In compliance with White House direction, proposed rules from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) would impose new requirements to determine if braced pistols achieve Great Pumpkin-level sincerity, or are super-dangerous and concealable short-barreled rifles in disguise.

Among other tests, the rule would set the maximum length of a pistol at 26 inches (because 27 inches is super-dangerous and concealable). These tests add up to a four-point assessment, ranging from “1 point: Minor Indicator (the weapon could be fired from the shoulder)” to “4 points: Decisive Indicator (the weapon is designed and intended to be fired from the shoulder)” with four points the ultimate sign that a firearm crosses the line into very naughty territory indeed.

[…]

But foolish stabilizer brace rules affect mostly disabled shooters and fanciers of a particular type of firearm. Red flag laws affect potentially any gun owner by allowing for property seizures and confrontations with law enforcement without due process.

Red flag laws “make it easier for states to craft ‘extreme risk protection orders’ authorizing courts to temporarily bar people in crisis from accessing firearms,” insists the Department of Justice. “By allowing family members or law enforcement to intervene and to petition for these orders before warning signs turn into tragedy, ‘extreme risk protection orders’ can save lives.”

Maybe such orders “can save lives”—all sorts of restrictions on personal liberty theoretically “can save lives” if that’s your only criteria. But the model legislation proposed by the Biden administration requires same-day issuance of orders that “prohibit the respondent from possessing, using, purchasing, manufacturing, or otherwise receiving a firearm” with a hearing to be held only after the fact. That certainly deprives those affected of their rights without due process of any sort before cops show up on their doorsteps to search the premises and confiscate property.

June 9, 2021

Bill C-10 – “… what occurred yesterday was far worse than a blunder. It was a betrayal.”

In another country it might be a fascinating and amusing thing to watch Steven Guilbeault faff about pretending to understand what his own bill says and how it will cause havoc for ordinary Canadians, but being in Canada the humour is lacking as Michael Geist shows:

Canadian Heritage Minister Steven Guilbeault, 3 February 2020.
Screencapure from CPAC video.

Several weeks after Canadian Heritage Minister Steven Guilbeault introduced Bill C-10, I started a 20 part blog post series called the Broadcasting Act Blunder (podcast edition here). The series examined many of concerns with the bill, including issues such as over-broad regulation and discoverability requirements that would only garner public attention many months later. I thought about that series yesterday as I watched Guilbeault try in the House of Commons to defend the indefensible: a gag order on committee review of the bill, the first such order in two decades. While the bill is in dire need of fixing, what occurred yesterday was far worse than a blunder. It was a betrayal. A betrayal of the government’s commitment to “strengthen Parliamentary committees so that they can better scrutinize legislation.” A betrayal of the promise to do things differently from previous governments. A betrayal of Canada’s values as a Parliamentary democracy.

The 23 minute and 30 second question and comment period – the House Speaker ruled there could be no debate and that the period could not extend beyond 23 minutes and 30 seconds – notably featured NDP MP Peter Julian and Green MP Elizabeth May, two of the longer serving MPs in the House as among the first to speak. Julian was first elected in 2004, when Guilbeault was only a few years removed from activist stunts such as climbing the CN Tower. Meanwhile, May became the founding Executive Director of the Sierra Club in 1989, the same year Guilbeault started as a university student. It seemed to me that both had a message for an inexperienced cabinet minister elected less than two years ago, namely that some things are bigger than single bill. Bills come and go, but principles – or betrayal of those principles – endures.

Guilbeault clearly did not get it, wondering how the NDP could possibly reject the gag order and effectively support potential delays to his bill. Both the NDP and the Greens may ultimately vote for Bill C-10, but both understand that defending democracy and the freedom of expression of MPs (much less the freedom of expression of all Canadians) is far more important than a delay to any single bill. As May noted, the gag order will do real long term damage. One day it will be a different government on a different issue seeking to use the same procedure to cut short committee study. And the Liberals will have no credible response with no one to blame but themselves.

But we don’t need to look far into the future to see the consequences of the Guilbeault gag order. This past weekend, the Canadian government joined with other countries to criticize the Nigerian government for blocking Twitter and establishing registration requirements for social media. Yet calls for respecting freedom of expression rings hollow when you are shutting down Parliamentary debate on a bill with profound implications for freedom of expression. Indeed, Canada’s lost moral authority on Internet freedoms is an undeniable consequence of Bill C-10 and the Guilbeault gag order.

June 8, 2021

QotD: Magna Carta

Filed under: Britain, History, Humour, Law, Quotations — Tags: , , , , — Nicholas @ 01:00

There also happened in this reign the memorable Charta, known as Magna Charter on account of the Latin Magna (great) and Charter (a Charter); this was the first of the famous Chartas and Gartas of the Realm and was invented by the Barons on a desert island in the Thames called Ganymede. By congregating there, armed to the teeth, the Barons compelled John to sign the Magna Charter, which said:

  1. That no one was to be put to death, save for some reason (except the Common People).
  2. That everyone should be free (except the Common People).
  3. That everything should be of the same weight and measure throughout the Realm (except the Common People).
  4. That the Courts should be stationary, instead of following a very tiresome medieval official known as the King’s Person all over the country.
  5. That “no person should be fined to his utter ruin” (except the King’s Person).
  6. That the Barons should not be tried except by a special jury of other Barons who would understand.

Magna Charter was therefore the chief cause of Democracy in England, and thus a Good Thing for everyone (except the Common People).

After this King John hadn’t a leg to stand on and was therefore known as `John Lackshanks’.

W.C. Sellar & R.J. Yeatman, 1066 And All That, 1930.

May 21, 2021

QotD: Avoid situations that can “escalate fast”

Filed under: Law, Quotations, USA, Weapons — Tags: , , — Nicholas @ 01:00

… we don’t know what sort of history these neighbors had leading up to this. Still, it’s a good example of why it’s a good idea to not just start cussing people in public.

Also, this is an answer to the question “You mean you carry a gun when you’re just doing yard work or shoveling snow?” Oh hell yes I do.

Also also, this is why I generally try and avoid getting involved in anyone else’s crazy day.

If someone’s acting up in public, I can apologize and disengage from the situation. If I really feel the need to, I can go complain about them on social media in private later and nobody’s gonna pop off and trigger a gunfight if I do.

If you carry a gun, any altercation can escalate into a gunfight. Deescalate. Avoid altercations.

Lastly, there is a problem experienced by people who haven’t been exposed to interpersonal violence of any type; they have no experience in reading the differences between bluffing and the real deal. It’s why you see these “You ain’t gonna shoot me!” situations.

People waving a gun just to let you know they have a gun is a very real phenomenon and doesn’t necessarily mean violence is imminent; they’re just letting you know that certain off-ramps from the situation are closed. Okay, you have a gun and I need to stop pushing. Cool, cool.

This guy? He was not that guy.

People say “You wouldn’t…” to people who are practically lighting off signal rockets to tell you that oh, yes the fuck they would and are, in fact, fixin’ to.

Tamara Keel, “Finding Out”, View From the Porch, 2021-02-05.

May 20, 2021

The Birth Control Movement and Eugenics – A Curious Link | B2W: ZEITGEIST! I E.18 – Winter 1923

Filed under: Books, Britain, Europe, Greece, Health, History, Law, Media — Tags: , , , , , — Nicholas @ 04:00

TimeGhost History
Published 19 May 2021

In the winter of 1923, a controversial activist takes a Catholic doctor to trial for libel. The proceedings capture a much bigger moment in the history of the interwar period: the controversial — but inherent — link between birth control and eugenics.
(more…)

May 19, 2021

The ginger Windsor loose cannon on “bonkers” free speech protection in the United States

Filed under: Britain, Law, Liberty, USA — Tags: , , , — Nicholas @ 03:00

James Delingpole on the latest unfortunate burble from one of the much lesser members of the House of Windsor:

Prince Harry and Meghan Markle visit Titanic Belfast in March 2018.
Photo from the Northern Ireland Office via Wikimedia Commons.

Prince Harry’s epic stupidity is probably inherited from his presumed father, the Prince of Wales. Prince Charles, too, only got two A levels — a B in History and a C in French — yet somehow strings were pulled to land him a place at Cambridge University (normally it would have required something like three A grades at A Level, plus a decent performance in the entrance exam), where he scraped a lowly 2:2 in History.

There is, of course, nothing wrong with being epically, fabulously, unbelievably stupid. Many upper-class men successfully make their brainlessness part of their comical charm. Where stupidity becomes unattractive and culpable, though, is when it’s deployed to comment on issues far, far above its pay grade, and when it’s afforded undeserved prestige.

No one as thick as Harry, it’s surely a given, ought ever be allowed on to a public platform to pronounce on issues as vital as the protection of free speech. Yet this is exactly what happened when Harry was given space to expound his half-baked views on a podcast. Sure, Harry had the good grace to admit that he hadn’t a clue what he was talking about:

    I don’t want to start going down the First Amendment route because that’s a huge subject and one which I don’t understand because I’ve only been here a short time.

Unfortunately, that didn’t stop him declaring that he thought the First Amendment was “bonkers”.

His explanation as to why he thought so was a bit incoherent, but it seemed to involve his belief that it could be used for something bad called “ideology” and could be used as an excuse to “spread hate”. He added: “Laws were created to protect people.” What I’m guessing Harry was struggling to do was to try to wheel out the woke cliche that while free speech is fine, “hate speech” isn’t fine and should not enjoy constitutional protection. This threadbare argument can be demolished in a second by anyone with more than two A Levels. Essentially if “free speech” laws don’t protect “hate speech” then they are not really free speech protection laws at all.

Like Prince Harry, I wouldn’t consider myself to be an expert on U.S. history. But I do dimly recall that round about the second half of the 18th century America’s colonists successfully freed themselves from rule by one of Prince Harry’s ancestors. The U.S. Constitution — and that pesky First Amendment — was one of the consequences.

May 5, 2021

Michael Geist’s overview of the federal government’s steady retreat from their 2015 election promises on protecting Canadians’ online privacy and free speech rights

Reposting his most recent Maclean’s article on his website, Michael Geist explains why the federal government’s blatant hypocrisy over Canadians’ rights online has finally gotten many people paying closer attention:

The government had maintained that it had no interest in regulating user generated content, but the policy reversal meant that millions of video, podcasts, and the other audiovisual content on those popular services would be treated as “programs” under Canadian law and subject to some of the same rules as those previously reserved for programming on conventional broadcast services.

The backlash undoubtedly caught the government by surprise, particularly since the policy change garnered little discussion at committee. As the public concern mounted, Guilbeault retreated to his standard talking points about how the opposition parties were unwilling to stand up to the web giants. The arguments fell flat, however, since the new rules were directly targeting users’ content, not the Internet companies. Further, the public reaction pointed to a government increasingly out-of-step with the public, which may support increased Internet regulation, but not at any cost.

The fact that the Liberal government was open to regulating millions of TikTok and Youtube videos was a reminder of how unrecognizable its digital policy approach has become in recent years. The party was elected in 2015 on a platform that promised to entrench net neutrality, prioritize innovation, focus on privacy rather than surveillance, and support freedom of expression. Most of those positions now seemingly reflect a by-gone era.

It is still anxious to demonstrate its tech bona fides, but now progressive policies appear to mean confronting the “web giants” with threats of regulation, penalties, and taxes. Cultural sovereignty has replaced innovation as the guiding principle, which has meant the Minister of Innovation, Science and Industry has been replaced by the Minister of Canadian Heritage as the digital policy lead.

And so for the past 18 months, Guilbeault has been handed Canada’s digital policy keys. In Guilbeault’s eyes, seemingly everything is under threat – Canadian film and television production, a safe space for speech, the future of news – and the big technology companies are invariably to blame.

Few would dispute that an updated tech regulatory model is needed, but evidence-based policies are in short supply in the current approach. For example, the use or misuse of data lies at the heart of the power of big tech, yet privacy reforms have been curiously absent as a government priority. Indeed, Bill C-11 was promoted by Prime Minister Justin Trudeau last November as legislation to give Canadians greater control over their personal information, but under newly named ISI Minister François-Philippe Champagne, it has scarcely been heard from again.

The government has similarly done little to address concerns about abuse of competition, the risks associated with algorithmic decision-making, or the development of a modernized framework for artificial intelligence. Years of emphasis on the benefits of multi-lateral policy development and consensus-building were unceremoniously discarded the recent budget in order to commit to a digital services tax in 2022 that could spark billions in tariff retaliation. In fact, the US-Canada-Mexico Trade Agreement that the government trumpeted as a major success story restricts Canada’s ability to even establish a new liability regime for technology companies.

April 22, 2021

Al Capone, Prohibition, and the American Dream | B2W: ZEITGEIST! I E.16 – Summer 1922

Filed under: History, Law, Religion, USA — Tags: , , , , , — Nicholas @ 04:00

TimeGhost History
Published 21 Apr 2021

The Prohibition era is still just getting started, but criminal enterprises have already sprung up everywhere to supply thirsty Americans with their drink. In the “summer of sin” of 1922, one man in particular is making waves in the Chicago underworld.

Join us on Patreon: https://www.patreon.com/TimeGhostHistory​

Hosted by: Indy Neidell
Written by: Francis van Berkel
Director: Astrid Deinhard
Producers: Astrid Deinhard and Spartacus Olsson
Executive Producers: Astrid Deinhard, Indy Neidell, Spartacus Olsson, Bodo Rittenauer
Creative Producer: Maria Kyhle
Post-Production Director: Wieke Kapteijns
Research by: Francis van Berkel and Lewis Braithwaite
Image Research by: Daniel Weiss
Edited by: Daniel Weiss
Sound design: Marek Kamiński

Colorizations:
Daniel Weiss – https://www.facebook.com/TheYankeeCol…​

Sources:
Library of Congress

Soundtracks from Epidemic Sound
– “One More for the Road” – Golden Age Radio
– “London” – Howard Harper-Barnes
– “Infinity Pool & Pool Tables” – Mythical Score Society
– “Rush of Blood” – Reynard Seidel
– “It’s Not a Game” – Philip Ayers
– “Please Hear Me Out STEMS INSTRUMENTS” – Philip Ayers
– “Not Safe Yet” – Gunnar Johnsen
– “On the Edge of Change” – Brightarm Orchestra
– “British Royalty” – Trailer Worx
– “Break Free” – Fabien Tell
– “Steps in Time” – Golden Age Radio
– “Magnificent March 3” – Johannes Bornlöf

Archive by Screenocean/Reuters https://www.screenocean.com​.

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH.

From the comments:

TimeGhost History
3 days ago
As you hopefully realized from the title, thumbnail, description, and first words coming out of Indy’s mouth, a big focus of this episode is the beginning of the gangland Prohibition era and the rise of Al Capone.

It’s a fascinating topic, but something else to draw attention to in this episode is the Catholic Church’s campaign against modernity. Last episode we saw how religion was forced into retreat by the Bolshevik regime in Russia, well this episode we’re seeing one of the oldest religious institutions in the world make its fightback. It shows that the story of modernity isn’t just “old things” fading away and being replaced by “new things”. Instead, it is a story of continual tension, negotiation, and adaption, between the old and the new.

Anyway, philosophical musings on religion aside, this really is an exciting episode and there will be much more on Al Capone and the Beer War in years to come.

April 21, 2021

QotD: Freedom of speech in Canada

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 01:00

We have nothing like the First Amendment; our Supreme Court is a Leftist institution par excellence and has even decreed in effect that truth is no defense in cases where “protected groups” are insulted or offended. Paragraph 140 of a 2013 Judgment finds “that not all truthful statements must be free from restriction. Truthful statements can be interlaced with harmful ones or otherwise presented in a manner that would meet the definition of hate speech.” Section 15 (2) of the Constitution Act of 1982 abridges the rights that section 15(1) guarantees Canadian citizens.

Further, our Human Rights Tribunals are Soviet-style shadow courts that discard due process in adjudicating cases of supposed discrimination or “hate speech.” As Canadian Human Rights Commissioner Dean Steacy said: “Freedom of speech is an American concept, so I don’t give it any value.” Openness to everything except freedom of speech, chartered principle and practical reason is the hallmark of our justice system, as it is of the nation. As Carl Sagan quipped in The Demon-Haunted World: “It pays to keep an open mind, but not so open your brains fall out.”

David Solway, “The Canadian Mind: A Culture So Open, Its ‘Brains Fall Out'”, PJ Media, 2018-10-10.

April 12, 2021

The Constitution of the Spartans

Filed under: Europe, Government, Greece, History, Law, Military — Tags: , , , , — Nicholas @ 04:00

Historia Civilis
Published 11 Sep 2017

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Sources:
The Constitution of the Spartans, by Xenophon: http://amzn.to/2j7JXTB
The Moralia, by Plutarch: http://amzn.to/2gNMYHU
Parallel Lives: The Life of Lycurgus, by Plutarch: http://amzn.to/2xS29nI
Politics, by Aristotle: http://amzn.to/2wMq5ss
Rhetoric, by Aristotle: http://amzn.to/2xS3niO
Laws, by Plato: http://amzn.to/2wLpsiN
On the Republic, by Cicero: http://amzn.to/2j7Flgg
The Histories, by Herodotus: http://amzn.to/2xdH4a7
The Spartan Regime, by Paul A. Rahe: http://amzn.to/2vPmRqS
Property and Wealth in Classical Sparta, by Stephen Hodkinson: http://amzn.to/2xdV7MS
The Rise of Athens, by Anthony Everitt: http://amzn.to/2j69uMS
Persian Fire, by Tom Holland: http://amzn.to/2vPyCxE

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Music:
“Air Hockey Saloon,” by Chris Zabriskie
“Candlepower,” by Chris Zabriskie
“CGI Snake,” by Chris Zabriskie
“Heliograph,” by Chris Zabriskie
“Hallon,” by Christian Bjoerklund

From the comments:

Temporary Fakename
3 years ago
You know, i thought the Roman political system was pretty odd and arcane. But the Spartans have a dual monarchy that has absolute power, except when it doesn’t, an elected Senate that is chosen partially randomly that can pass whatever the hell they want with a public assembly and punish kings, except when an all-male aristocracy decided no, a female aristocracy that is overwhelmingly rich but can’t vote, and a population so terrified of its own slaves that it ritually committed atrocities against them. Compared to that Roman politics look simple and elegant.

I found the presentation quite interesting and informative, but I felt that some discussion of the differences between the terrible plight of the Helots and the not-quite-free status of the Perioikoi was merited. I also felt that the final segment on the eventual decline of Sparta missed a major factor — Spartan military defeats in the Battle of Leuctra in 371 BC and the Battle of Mantinea in 362 BC — but reading down in the comments, I saw someone else had already brought this up:

xelena
2 years ago (edited)
This is a good video, but is missing a super important point at the end: The cause for the decline of Spartan power was its defeat by Epaminondas of Thebes and his freeing of Messenia (the land of the Helots). He also founded Messene in Messenia and Megalopolis in Arcadia for the Helots, which became a powerful check to Sparta. Spartan power never recovered from this death blow to its slave economy and continued to wither away into the nothingness you describe.

Epaminondas is mostly forgotten today, but he was one of the greatest men of antiquity. It was him and Pelopidas who put to bed the myth of Spartan invincibility and freed an entire people who had been enslaved for centuries. So in a way, the crippling blow did come from other Greeks, and the Helots did participate in it.

April 7, 2021

Bring back the … guillotine?

Filed under: France, History, Law, USA — Tags: — Nicholas @ 03:00

I’d always generally assumed that Colby Cosh was a libertarian-leaning chap, but here he is banging on the table for executing criminals with that revolutionary French device, the guillotine:

A double guillotine
Musée de la Révolution française via Wikimedia Commons.

The history of the death penalty in the English-speaking world looks extremely bizarre from any vantage point in the year 2021. The electric chair, now abolished throughout the United States, has always been a stupid, barbarous idea: it sprouted from a time when electricity was a fashionable new technology, and then just kind of stuck around for a century. Gas chamber arrangements came and went.

Hanging, which is still employed in Japan, has centuries of technique behind it, but is recognizably a holdover from a period when the risk of prolonged death was considered a feature, not a bug. Now the U.S. depends on lethal injection methods, some of them antiquated or illogical, that are very capable of being screwed up.

And in the meantime, the guillotine had its foolproof two-century run in France. The famous Dr. Joseph-Ignace Guillotin was a revolutionary opponent of capital punishment who advocated for the device as being more humane than existing methods. Can this be argued against even now? Measurement of the suffering involved with various methods of execution (or euthanasia) involves more uncertainty than anyone likes to admit, but patients receiving lethal injection, whether at their own request or the law’s, do receive sedation before actually being administered a fatal substance. The maximum duration of suffering in a beheading is a matter of seconds, not minutes; and if you believe in capital punishment without cruelty, there is no reason a person with a guillotine appointment should not be permitted to load up in advance on drugs of their own choosing.

The guillotine’s last use in France, and anywhere else in the world, took place on Sept. 10, 1977. It is associated in Anglo-Saxon minds with everything from French revolutionary terror to the Gestapo and the Stasi. There are good reasons to be reluctant to introduce mechanization of any kind into the process of executing murderers. Perhaps it makes the fatal step toward killing mere political enemies a little easier.

But, again, Americans used the electric chair without noticeable shame for more than 100 years: it came into use on a wave of passion for modernity before anyone even knew exactly how electricity kills you. Beheading’s principal problem, assuming one is willing to contemplate the taking of a human life by the state, is janitorial.

March 27, 2021

“Unfortunately for the RCMP, obstruction of justice and tampering with evidence is very much a criminal offence and it looks like the boys in red should lawyer up”

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 03:00

An investigation into the conduct of the Royal Canadian Mounted Police (RCMP) shows an organization that firmly believes — and acts — as though it is above the law:

To its credit, RCMP leadership accepted the findings of the CRCC [Civilian Review and Complaints Commission]. But the rank and file membership, the actual police officers who interact with the public, and their union, have rejected the report, calling it biased.

All of this is a stain on Canada’s top law enforcement agency, and part of a deeper failure by the RCMP to meaningfully address its own reluctantly acknowledged systemic racism toward Indigenous peoples, but it is far from criminal misconduct.

Unfortunately for the RCMP, obstruction of justice and tampering with evidence is very much a criminal offence and it looks like the boys in red should lawyer up.

In the course of the CRCC investigation, the commission requested all recordings, transcripts, and radio communications from the day of the shooting. These communications would have undoubtedly been important to the investigation and could have provided a window into why the RCMP engaged in illegal and discriminatory conduct.

But the RCMP destroyed those records. They claimed that it was part of a routine procedure and that records with no evidentiary value have a shelf life of two years. Except the RCMP knew that there was an ongoing CRCC investigation and a civil lawsuit by the Boushie family when they destroyed the records.

If you or I destroyed relevant records, while staring down a barrel of a civil lawsuit or investigation, we would end up before a judge on charges.

Every time I ask the RCMP to destroy records relating to my clients who have been acquitted at trial, even after years have passed, I am met with a wall of resistance. So it seems a bit convenient when relevant documents are so easily destroyed when it is the RCMP who are being investigated.

The CRCC report also discloses that the RCMP conducted a parallel investigation into the Boushie incident — with officers questioned and evidence gathered. This RCMP investigation not only potentially contaminated the CRCC inquiry, but the RCMP kept their investigation a secret and failed to disclose the fruits of their internal investigation to the CRCC.

This all reeks of a cover up and an attempt to obstruct justice.

March 24, 2021

How They Did It – Declaring War in Ancient Rome

Filed under: Europe, History, Law, Religion — Tags: , , — Nicholas @ 02:00

Invicta
Published 24 Aug 2018

The Romans were often at war but have you ever stopped to consider how exactly that was announced. Turns out the Romans had a complicated ritual associated with declarations of war aimed at making their casus belli apparent before the gods. I hope you enjoy this documentary on ancient government and religion!

Sources:
History of Rome Book I by Titus Livius
Handbook to Life in Ancient Rome by Lesley Adkins
The Rise of Rome by Anthony Everitt

Music:
“Quirky Comedy” by 8th Mode Music

#RomanHistory
#HowTheyDidIt

March 20, 2021

QotD: Flipping the table on gun ownership regulation

Filed under: Law, Liberty, Quotations, USA, Weapons — Tags: , , , , , — Nicholas @ 01:00

Heh. State representative Fred Maslack of Vermont has proposed a bill under which non-gun-owners would have to register and pay a fee. Entertainingly enough, there is actual justification for this in a careful reading of the Vermont state constitution.

The Hon. Rep. Maslack is joking. I think. And I’m against requiring people who don’t want to bear arms to do so. But gad, how tempting – because underlying his argument is a truth that the drafters of the Vermont and U.S. constitutions understood. People who refuse to take arms in defense of themselves and their neighbors are inflicting a cost on their communities far more certainly than healthy people who refuse to buy medical insurance (and yes, I do think that proposed mandate is an intended target of Maslack’s jab). That externality is measured in higher crime rates, higher law-enforcement and prison budgets, and all the (dis)opportunity costs associated with increased crime. And that’s before you get to the political consequences …

I’ve never made a secret of my evaluation that refusal to bear arms is a form of moral cowardice masquerading as virtue. Real adults know how precious human life is, when they are ethically required to risk it on behalf of others, and when killing is both necessary and justified. Real adults know that there is no magic about wearing a police or military uniform; those decisions are just as hard, and just as necessary, when we deny we’re making them by delegating them to others. Real adults do not shirk the responsibility that this knowledge implies. And the wistful thought Rep Maslack’s proposal leaves me with is … maybe if moral cowardice cost money and humiliation, there would be less of it.

Eric S. Raymond, “Maybe if moral cowardice cost money, it would be less common?”, Armed and Dangerous, 2009-11-05.

March 5, 2021

Privateering today?

Filed under: China, History, Law, Military, USA — Tags: , , , — Nicholas @ 05:00

In a recent post at Astral Codex Ten, Scott Alexander posted a link to an article in the US Naval Institute Proceedings putting forward arguments for the United States issuing modern day Letters of Marque. Today he posted a few reactions from his readers to the proposal:

On the article about privateers, local naval expert Bean writes:

    It’s time for the standard disclaimer any time Proceedings comes up: Proceedings is intended as a forum for discussion of matters of interest to naval officers, and it is not peer reviewed. Often very not peer reviewed. Like in this case. Please don’t judge the USNI on the basis of this stuff. They do a lot of good work.

    And yes, it is that stupid. First, privateering is probably illegal today. The US didn’t sign the 1856 Paris declaration outlawing it, but the ban is almost certainly considered customary international law today, and thus binding on the US, too. (International law is very weird.)

    Second, it makes no sense. It was something that people did in an era when the ability of the state to do things was sharply constrained, and it was never all that profitable. These days, the government is a lot more effective, and if it wants to hunt Chinese commerce (never mind the issues about who owns the cargo, which is rather different in the days of worldwide communications and the shipping container) it will make auxiliary commerce raiders of its own. There’s definitely no need to have a DDG sit outside a Brazilian port waiting. Take any reasonable civilian ship (big yacht, fishing boat, tug, whatever) and fit it with a couple of 40mm guns and a boarding party. Have it do the waiting instead.

And our other defense expert, John Schilling, writes:

    Modern naval weapons are too good at sinking ships, whereas privateering requires capturing ships intact to be profitable. For a trivial, and in this context uncontroversial, investment, China can equip their merchant fleet with defensive weapons that will sink any privateer, unless the privateer sinks them first.

    – Privateers, being incapable of surviving a fight with real warships (especially modern ones), need to be able to hide from and if necessary outrun enemy warships. That’s a lot harder to manage in a world of radio, radar, maritime patrol aircraft, and satellites. Harder still if you insist on taking prizes, which will be Lojacked beyond your ability to clear at sea. Even in a hot war with the United State, China will probably be able to spare e.g. an H-6K for a day to sink the privateer that just sank one of China’s freighters, and that’s all it will take.

    – The rest of the world regards privateering as flat-out illegal, so virtually all of the ports of the world will be closed to the privateers *and their prizes*. Operating in the South China Sea directly from Hawaii, without any intermediate bases (what’s left of Guam will have its hands full), is going to be logistically challenging to say the least. And the value of that prize ship you just took is greatly diminished if it can only be used in the US coastal trade, its cargo sold only on the US domestic market never to be reexported.

    This is a stupid idea that keeps coming back every year or two because somebody read too many Napoleonic sea-adventure stories and thinks they’re the only one who read those stories so their clever “obscure” idea is something the rest of us haven’t heard and rejected a dozen times already.

There’s a problem in medicine where people think doctors are trustworthy experts. While this is often true, there are about a million doctors, and some tiny fraction of them are insane. The reasonable doctors mostly keep their mouths shut, but sometimes an insane doctor will endorse some sort of terrible alternative medicine, and then people will get excited: “A doctor endorsed it! It must be real!” The fact is, you can find doctors saying pretty much any bizarre thing — I hear some of them even have Substacks.

My thought when reading that article was “this sounds crazy … but wait! It’s written by a colonel and published by the US Naval Institute! That sounds just wacky enough to make a good link!”

Now I am concerned that colonels work the same way as doctors. I wonder what else is like this.

Colonels absolutely do work the same way as doctors, lawyers, and (especially) journalists — Michael Chrichton christened this the “Gell-Mann Amnesia Effect”.

The topic is as good an excuse as I’m likely to find to post Mark Knopfler’s “Privateering”:

“Privateering”

Yon’s my privateer
See how trim she lies
To every man a lucky hand
And every man a prize
I live to ride the ocean
The mighty world around
To take a little plunder
And to hear the cannon sound
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

The people on your man o’ war
Are treated worse than scum
I’m no flogging captain
And by God I’ve sailed with some
Come with me to Barbary
We’ll ply there up and down
Not quite exactly
In the service of the Crown
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

Look’ee there’s my privateer
She’s small but she can sting
Licensed to take prizes
With a letter from the King
I love the streets and taverns
Of a pretty foreign town
Tip my hat to the dark-eyed ladies
As we sally up and down
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

Britannia needs her privateers
Each time she goes to war
Death to all her enemies
Though prizes matter more
Come with me to Barbary
We’ll ply there up and down
Not quite exactly
In the service of the Crown
To lay with pretty women
To drink Madeira wine
To hear the rollers thunder
On a shore that isn’t mine

Privateering we will go
Privateering, yo ho ho ho
Privateering we will go
Yo ho ho, yo ho ho

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