Quotulatiousness

September 21, 2017

“Once Obama and his allies launched their domestic surveillance operation, they crossed the Rubicon”

Filed under: Government, Law, Politics, USA — Tags: , , , , — Nicholas @ 05:00

Daniel Greenfield explains why the recent news on wiretapping Trump associates might yet bring about a Watergate for the 21st century, only with Obama team members in the defendant roles:

Last week, CNN revealed (and excused) one phase of the Obama spying operation on Trump. After lying about it on MSNBC, Susan Rice admitted unmasking the identities of Trump officials to Congress.

Rice was unmasking the names of Trump officials a month before leaving office. The targets may have included her own successor, General Flynn, who was forced out of office using leaked surveillance.

While Rice’s targets weren’t named, the CNN story listed a meeting with Flynn, Bannon and Kushner.

Bannon was Trump’s former campaign chief executive and a senior adviser. Kushner is a senior adviser. Those are exactly the people you spy on to get an insight into what your political opponents plan to do.

Now the latest CNN spin piece informs us that secret FISA orders were used to spy on the conversations of Trump’s former campaign chairman, Paul Manafort. The surveillance was discontinued for lack of evidence and then renewed under a new warrant. This is part of a pattern of FISA abuses by Obama Inc. which never allowed minor matters like lack of evidence to dissuade them from new FISA requests.

Desperate Obama cronies had figured out that they could bypass many of the limitations on the conventional investigations of their political opponents by ‘laundering’ them through national security.

If any of Trump’s people were talking to non-Americans, the Foreign Intelligence Surveillance Act (FISA) could be used to spy on them. And then the redacted names of the Americans could be unmasked by Susan Rice, Samantha Power and other Obama allies. It was a technically legal Watergate.

If both CNN stories hold up, then Obama Inc. had spied on two Trump campaign leaders.

Furthermore the Obama espionage operation closely tracked Trump’s political progress. The first FISA request targeting Trump happened the month after he received the GOP nomination. The second one came through in October: the traditional month of political surprises meant to upend an election.

The spying ramped up after Trump’s win when the results could no longer be used to engineer a Hillary victory, but would instead have to be used to cripple and bring down President Trump. Headed out the door, Rice was still unmasking the names of Trump’s people while Obama was making it easier to pass around raw eavesdropped data to other agencies.

No matter how bad the information gets, I doubt that Trump will go after Obama personally — ex-Presidents have an unwritten constitutional privilege that way, I understand — but some of his former cabinet and sub-cabinet officers might well be sacrificed to minimize long-term damage to the Obama administration’s various legacies.

On the other hand, CNN hasn’t been having a lot of luck with their big breaking stories lately … this might be another one of those “lots of smoke, but no fire” situations. Democrats facing tough races in 2018 will be hoping that there’s no “smoking gun” there as far as criminal prosecutions are concerned.

September 19, 2017

Ontario is getting exactly what they deserve in legalized marijuana

Filed under: Cancon, Government, Law — Tags: , , , — Nicholas @ 06:00

Pessimists, you can collect your winnings at the till. Optimists? Haven’t you learned yet? You expected a vibrant, dynamic free market in pot where your favourite budtender would be able to offer you a wide selection of high quality product to choose from? Forget it, Jake, it’s Ontario. Chris Selley explains why the pessimists got it right in the betting on how Ontario would choose to implement the legal marijuana market in 2018:

For nearly 15 years, I and other free market lunatics have been trying to impress upon Ontarians just how insane our liquor retail system is. Yet we still hear the same ludicrous arguments in its favour. “The LCBO makes tons of money for the province.” (Alberta makes tons of money from liquor sales too, without owning a single store.) “Public employees can be trusted to keep booze out of children’s hands.” (The Beer Store isn’t public. Nor are the scores of privately run “agency stores” in rural areas across Ontario.) “The LCBO provides good jobs.” (Not to real product experts it doesn’t — they would be far better off in a free market jurisdiction. And if the government’s role is to make good retail jobs, why not nationalize groceries?) “LCBO stores are pleasant. Liquor stores in the U.S. are gross.” (Nope! You’re just going to the wrong liquor stores.)

This hopeless mess is the foundation for Ontario’s new marijuana plan — and we’re hearing the same arguments in its favour. Last week, two columnists in the Toronto Star and one in the Globe and Mail spoke approvingly of the fact it would create “good unionized jobs.” The two Star columnists also mentioned the money that would accrue to the treasury.

“I’m fine with the profits going to the public purse instead of private businesspeople,” wrote one.

“Why wouldn’t the government seek to maximize revenues in the same way that it profits from alcohol and tobacco sales?” asked the other.

Even after all these years, it makes me want to tear my hair out: for the love of heaven, the “high-paying jobs” motive and the “profit” motive are at odds with each other. You cannot claim both as priorities. One way or the other, the government will take its cut on marijuana sales. The overhead costs of running its own stores, paying its own employees government wages, will simply eat into that cut.

If you can live with Ontario’s liquor situation, but you think your favourite budtender should be able to get a government licence to keep her “dispensary” up and running after legalization kicks in, my sympathy is non-existent. You either support consumer choice or you don’t. Ontario doesn’t, and that will never change until tipplers and tokers take up arms together.

September 16, 2017

It’s “as if Justin Trudeau had just invented marijuana, and the stuff’s mystical properties are unfamiliar to every police officer in the land”

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

As the old joke had it, marijuana can cause paranoia, confusion, and total loss of reality in people who’ve never taken them. Canadian police organizations are desperate to keep legal marijuana from becoming a thing:

I cannot be the only one who feels the world is a little upside-down after Wednesday’s hearings on marijuana held by the House of Commons standing committee on health. The day’s proceedings were essentially broken into two parts. First, high-ranking Canadian police came before the committee to complain that they didn’t have the technical resources or the training to deal with legalized marijuana. They pleaded for the passage of the Liberals’ Cannabis Act to be delayed.

Then officials and scholars from the states of Colorado and Washington appeared to talk about their initial experiences with legalized marijuana. The contrast was remarkable. Canadian cops are behaving as if marijuana is a new problem for them—as if Justin Trudeau had just invented marijuana, and the stuff’s mystical properties are unfamiliar to every police officer in the land. The general thrust of the American testimony was not in conflict with the police demand to delay the legislation. Indeed, their major messages included going slow, getting it right, and learning from the history of the pot states. But none of the American witnesses, particularly the Washington and Colorado revenue bean-counters, showed any particular appetite for going back to the days of prohibition.

They could have come to Canada and said, “Oh, God, what are you crazy SOBs thinking?” There was little evidence of any such sentiment. I think it is safe to say that committee members who favour legalization, or who are anything other than implacably hostile to it, must have come away from the testimony broadly reassured.

Washington and Colorado have not descended into a nightmare of chaos because they have legalized “recreational marijuana.” By most social measures these states are about what they were before legalization. Youth use of pot is being watched closely, and it appears to be steady, possibly reduced. The states’ coffers have seen a modest benefit, and some of the money from pot taxation is made available for general drug education and abuse prevention—not just the more intensive outreach to young people about weed.

September 1, 2017

The complex dance of supply, demand, scarcity, and price

Filed under: Economics, Environment, Government, Law — Tags: , , , — Nicholas @ 04:00

Tim Worstall explains why laws against “price gouging” are denials of economic fact and actually work against getting urgently needed items to the people who require them:

Those little diagrams at the start of the Econ 101 class (supply, demand, price) are not optional extras to our universe, they are instead accurate descriptions of how we humans interact with it. If and when demand rises then price rises, this in turn encouraging an expansion of supply. Thus why we desire to have price flexibility in the face of either changes in supply or demand.

Consider Houston right now in the wake of Hurricane Harvey. It seems a good bet that the tapwater supply is disrupted — flooding has a tendency to do that. We would therefore assume the demand for bottled water has risen – the sensible who normally hydrate from that wondrous invention, the municipal water supply, will not be able to do so, thus increasing the demand for the bottled stuff. Equally, on the other side, there’s going to be a certain difficulty with supply at present — roads 5 feet underwater don’t exactly help trucking.

We thus desire to do two things simultaneously. We want to restrain demand to only the really important things and we want to incentivize greater supply.

Which is exactly what a price rise does for us.

With water at (just to make up a price) $99 a case, people are only going to buy it for drinking water, perhaps only in sippy cups. Which is excellent — we want whatever limited supply of potable water (we’ve really plenty of non-potable around, that’s the basic problem) there is in place to be used for that most valuable use, being potable. We’ve achieved one of our goals therefore, by allocating that scarce resource to its most valuable use: keeping people alive.

We also want to increase supply, though, and being able to sell in Houston for $99 something bought for $9.99 in Beaumont (again, just to invent an example) might well get a few boats carrying loads in – although quite possibly not from Beaumont. Thus, by allowing prices to rise, we’ve at least potentially increased supply.

Our price system, operating without constraint, is thus achieving the two things we desire, a curtailing of demand through rationing to only truly important uses, and a rise in supply.

“But,” goes the cry, “this isn’t fair!”

Indeed it isn’t, and ain’t that a shame, fairness not being a notable feature of this universe we’re struggling to inhabit. All we can do is the best we can. Which is, again, why I insist that there should be variable prices, why there should be no laws against price-gouging. Because this really is a disaster, there really are significant shortages in Houston right now, we really do want to solve them. Which means that we should be using all of the tools at our disposal.

August 17, 2017

Safe injection sites go rogue … to save lives

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

In the National Post, Chris Selley wonders why the federal government has been so slow to come around to accepting the overall harm reduction offered by legal safe injection sites:

I suspect this generation of policymakers, and the previous one especially, will struggle to explain to their grandchildren just what on earth they thought they were doing about opioid addiction. I don’t mean the likes of Donald Trump, who seems to think a get-tough policing approach — a “war on drugs,” perhaps — might get the job done. I mean smart, reasonably compassionate Canadians, by no means all conservatives, whose worries about safe injection sites in particular look bizarre even today, when people are still using them.

“It’ll attract rubadubs” — as if Vancouver’s Downtown Eastside was a middle-class utopia before Insite set up shop. “There’ll be needles in the streets” — more than if the safe injection site weren’t there, you mean? And, of course: “Addicts should go to treatment instead” — as if people haven’t been trying and failing to get and stay clean this whole time; as if the alternative, on a day to day basis, might be not waking up the next morning to go get treatment.

To its credit, the Liberal government in Ottawa has loosened the regulatory reins. There are nine approved “supervised consumption sites” up and running across the country: five on the Lower Mainland, one in Kamloops, and three in Montreal. Six more, in Victoria, Ottawa, Toronto and Montreal, are approved and awaiting inspections. An additional 10 are in the approval process; four in Edmonton applied more than three months ago; one in Ottawa has been in the works, officially, since February.

This looks like progress, and to a great extent it is. But on Sunday, a group of activists in Toronto implicitly asked another trenchant question: why does it take so bloody long to set up a supervised injection site? Why are we waiting? It’s just clean needles, chairs and tables, overdose treatment medication, a nurse and a phone.

August 12, 2017

Troll the Patent Trolls

Filed under: Business, Government, Humour, Law, USA — Tags: , , — Nicholas @ 05:00

Published on 11 Aug 2017

Patent trolls are on the run. Let’s finish them off.
———
It’s been a bad year for patent trolls, from a Supreme Court decision squelching their ability to funnel lawsuits to East Texas, to this week’s ruling that Personal Audio LLC can’t claim it owns a patent on the entirety of podcasting. In the latest Mostly Weekly, Reason’s Andrew Heaton explores what patent trolls are, the damage they do, and the next step in driving them out of courtrooms and back into dank caves.

Trolls camp out on piles of weak and frivolous patents, hoping to one day sue inventors and businesses. Many of the patents they register or buy are vague, representing novel ideas only insofar as trolls are innovative at finding things they didn’t invent to claim legal ownership of. It doesn’t matter that these patents wouldn’t hold up in court, because a business is more likely to pay off a troll than to hire an expensive attorney to fight them. Trolls suck more than twenty billion dollars out of the economy each year.

The parasitical nature of “non-practicing entities” (the PC term for trolls) has raised questions about whether the modern patent system helps or hinders innovation, and if the best solution is for comprehensive reform or just to burn the whole thing down.

Heaton has an idea to hinder patent trolls. It may not be a silver bullet, but it will definitely piss them off.

Mostly Weekly is hosted by Andrew Heaton with headwriter Sarah Rose Siskind.
Script by Andrew Heaton with writing assistant from Sarah Siskind
Edited by Austin Bragg and Sarah Rose Siskind.
Produced by Meredith and Austin Bragg.
Theme Song: Frozen by Surfer Blood.

Why The Government Shouldn’t Break WhatsApp

Filed under: Britain, Government, Law, Liberty, Technology — Tags: , , , — Nicholas @ 02:00

Published on 3 Jul 2017

Encryption backdoors – breaking WhatsApp and iMessage’s security to let the government stop Bad Things – sounds like a reasonable idea. Here’s why it isn’t.

A transcript of this video’s available here: https://www.facebook.com/notes/tom-scott/why-the-government-shouldnt-break-whatsapp/1378434365572557/

August 8, 2017

Civil asset forfeiture in Las Vegas – kick’em while they’re down

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

C.J. Ciaramella summarizes the findings of a new report on civil asset forfeiture in Nevada, where the Las Vegas police have been profiting nicely by confiscating even from the poorest members of society:

Photo by Thomas Wolf, via Wikimedia.

When Las Vegas police seized property through civil asset forfeiture laws last year, they were mostly likely to strike in poor and minority neighborhoods.

A report [PDF] released last week by the Nevada Policy Research Institute (NPRI), a conservative think tank, found the Las Vegas Metropolitan Police Department raked in $1.9 million in asset forfeiture revenue in 2016. Two-thirds of those seizures occurred in zip codes with higher-than-average rates of poverty and large minority populations.

The 12 Las Vegas zip codes most targeted by asset forfeiture have an average poverty rate of 27 percent, compared to 12 percent in the remaining 36 zip codes. Clark County, Nevada, has an average poverty rate of 16 percent.

The 12 most targeted zip codes also have an average nonwhite population of 42 percent, compared to 36 percent in the other remaining zip codes.

Under civil asset forfeiture laws, police may seize property they suspect of being connected to criminal activity. The owner then bears the burden of challenging the seizure in court and disproving the government’s claims. Law enforcement groups say civil asset forfeiture is a vital tool to disrupt drug trafficking and other organized crime by cutting off the flow of illicit proceeds.

But a bipartisan coalition of civil liberties groups and lawmakers have been calling for the laws to be reformed, saying asset forfeiture’s perverse profit incentives and lack of safeguards leads police to shake down everyday citizens, who often lack the resources to fight the seizure of their property in court.

August 3, 2017

I’d name this Ontario county, but apparently it’s been trademarked so others couldn’t “tarnish” the name

Filed under: Cancon, Government, Law — Tags: , , , — Nicholas @ 09:57

Trademarks. Is there nothing they can’t make worse?

It’s stunning how often trademarks that never should have been granted get granted — leading to all sorts of bad outcomes. One area that sees far too many bad trademarks involves trademarking geographic areas, with the holder of the mark often then trying to lock out local businesses from using the name of the locations in which they reside. If ever there were a trademark type that everyone ought to agree should be rejected, it’s one based purely on geography.

Entirely too many of these slip through. For example, one Canadian man managed to get a trademark on the name of the county in which he resides, with the stated aim not of using it in commerce, but rather protecting that name’s reputation.

    Michael Stinson caused a stir among government officials in Haliburton County last week when they learned he had successfully trademarked the name Haliburton. Stinson says he never intended to deceive or harm anyone, and explains that he trademarked the name so others couldn’t “tarnish” the name of the community.

Now, the Canadian government’s site is pretty clear in stating that this sort of geographic trademark is flatly not allowed, but somehow Stinson got it through anyway. Way to go, Ministry of Innovation, Science and Economic Development. As for Stinson, his claim for why he applied for the trademark is neither the purpose of trademarks generally nor is it apparently the actual reason why he got this specific trademark.

    Haliburton County’s chief administrative officer, Mike Rutter, says he’s not sure how the trademark could have been allowed. Rutter says he first became aware of the issue when the county’s chamber of commerce started receiving complaints.

    “We received a call from our local chamber of commerce that Mr. Stinson was attending businesses and advising people that they would owe him money if they were using the name Haliburton,” Rutter says.

If true, this would seem to me that Stinson is a bully, attempting to extort local businesses with a trademark that never should have been approved by the Canadian government. This is the damage that can be done by trademark offices not following their own damned rules and not adhering to the purpose of trademark laws to begin with. Stinson appears to be rather slimy, but it’s worth focusing on the fact that he couldn’t be doing any of this is had the Canadian trademark office bothered to do its damned job.

July 30, 2017

The Greenback cases

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

At Samizdata, Paul Marks discusses why it is so difficult to prevent governments from expanding their powers far beyond what the constitution may allow:

… a Constitution is only as good as the enforcement mechanisms to make sure it is obeyed – and as Luther Martin warned at the Constitutional Convention in Philadelphia, trusting government appointed judges to limit the powers of the very government that appointed them is a fatally flawed idea.

This is not a recent problem. Even in the 19th century the Supreme Court often ruled that the Federal Government has powers that the Constitution does NOT give it. For example the infamous “Second Greenback Case” where the Supreme Court, with newly appointed “justices” (appointed, in part, for this corrupt purpose) overturned the “First Greenback Case” where the court had declared, quite correctly, that the Federal Government has no power to print (or have printed) money – only to “coin money” (Article One, Section Eight of the Constitution of the United States) and that only gold or silver coin (not paper money) may be “legal tender” in any State (Article One, Section Ten of the Constitution of the United States). Nothing could be plainer than that paper money is unconstitutional – indeed the very reason the United States Constitution was written in the first place was to prevent the “not worth a Continental” paper money issued by the Continental Congress to finance its government – those who support the Articles of Confederation system forget that one of its fundamental flaws was that it allowed the government to print money, as it gave no reliable source of taxation to finance the United States Armed Forces. Without a large scale and professional armed forces there is no point in having a United States of America at all – and each State might as well go its own way till conquered by European powers in the 18th century or by the People’s Republic of China in the 21st century.

[…]

To return to the Greenback Cases… – Chief Justice Salmon P. Chase (the former “slaves lawyer” famous for his anti slavery legal work before the Civil War) de facto ruled that the Treasury Secretary during the Civil War had acted unconstitutionally in having money printed, even though the the Treasury Secretary of the time was Salmon P. Chase (himself). It is not necessary to recuse yourself if you intend, de facto, to find yourself guilty. However, more “justices” were added to the court – and the judgement (and the Constitution) was overturned. The argument being that no more paper money was being printed – it would gradually go over time, so there was no need to make a fuss… still less to declare that the “United States Dollars” in the pockets of people were just bits of paper with ink on them (not “money”).

In 1935 the Supreme Court de facto ruled (by five votes to four) that the Federal Government could steal all monetary gold and void all private and public contracts that had gold (or silver) clauses in the contracts. There was no Constitutional basis for this decision (none whatever – just “lawyer’s cant”) and the Federal Reserve notes declared valid money came from an organisation (the Federal Reserve system created in 1913) that the Congress had no Constitutional power to create. The Supreme Court, led by the Chief Justice, might as well have chanted “Death to America!” and “Hail Satan!” as they announced their judgement – as some of the dissenting judges pointed out. Thus the unconstitutional Credit Bubble financial system was pushed forward. The doubts of Luther Martin at the Constitutional Convention were vindicated – government appointed judges sitting without a jury can not be trusted.

July 26, 2017

Sure-fire way to reduce the number of bugs reported – arrest the reporters

Filed under: Europe, Law, Technology — Tags: , , , , — Nicholas @ 03:00

The Budapest public transit authority has come up with a new technique to handle bug reports:

The tale started last week when an unnamed 18-year-old found that he was able to, when purchasing a ticket online, poke the BKK website in a particular way to modify the ticket’s price and buy it at that new price.

Rather than take advantage of virtually free travel in the country’s capital, however, he did the right thing and reported the security hole to the BKK, complete with a demo in which he was able to buy a $35 ticket for just 20 cents.

The response was not what he expected. Four detectives turned up at his door at 7:00am on Friday, photographed him and questioned him extensively over his actions. The BKK then held a press conference at which its CEO Kálmán Dabóczi proudly announced they had caught a hacker and had filed an official complaint against him. Dabóczi assured everyone that the website was now perfectly safe.

That version of events was immediately questioned by the teenager himself however, in a Facebook post.

“I am an 18-year-old, now middle school graduate,” he wrote in a message that has since been posted hundreds of times to the BKK’s Facebook page. “I trust that I can help solve a mistake.”

In the message, he says he informed the BKK “about two minutes” after he discovered the flaw. “I did not use the ticket, I do not even live near Budapest, I never traveled on a BKK route. My goal was just to signal the error to the BKK in order to solve it, and not to use it.”

He continued: “The BKK has not been able to answer me for four days, but in their press conference today they said it was a cyber attack and was reported. I found an amateur bug that could be exploited by many people – no one seriously thinks an 18-year-old kid would have played a serious security system and wanted to commit a crime by promptly telling the authorities.”

He then asks others to help out: “I ask you to help by sharing this entry with your acquaintances so that the BKK will come to a better understanding and see if my purpose is merely a helper intention, I have not harmed or wanted to harm them in any way. I hope that in this case the BKK will consider withdrawing the report.”

And so they have shared the entry – in their thousands – putting the BKK on the back foot.

July 25, 2017

“‘Legal fiction’ sounds better than ‘lie’, but in this case the two terms are near synonyms”

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

The Instapundit Glenn Reynolds in USA Today on US Attorney General Jeff Sessions’ passion for civil asset forfeiture:

Attorney General Jeff Sessions wants to steal from you.

Oh, he doesn’t call it that. He calls it “civil forfeiture.” But what it is, is theft by law enforcement. Sessions should be ashamed. If I were president, he’d be fired.

Under “civil forfeiture,” law enforcement can take property from people under the legal fiction that the property itself is guilty of a crime. (“Legal fiction” sounds better than “lie,” but in this case the two terms are near synonyms.) It was originally sold as a tool for going after the assets of drug kingpins, but nowadays it seems to be used against a lot of ordinary Americans who just have things that law enforcement wants. It’s also a way for law enforcement agencies to maintain off-budget slush funds, thus escaping scrutiny.

As Drug Enforcement Agency agent Sean Waite told the Albuquerque Journal, “We don’t have to prove that the person is guilty. … It’s that the money is presumed to be guilty.”

“Presumed to be guilty.” Once in America, we had a presumption of innocence. But that was inconvenient to the powers that be.

As Tamara Keel said “Appointing Sessions was the opposite of ‘draining the swamp’; it was basically pumping in a whole bunch of vintage swamp water”

July 22, 2017

Civil asset forfeiture is “an unconstitutional abuse of government power”

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

At the Hit & Run blog, Damon Root reports on at least one US Supreme Court justice’s strong views on civil asset forfeiture:

Attorney General Jeff Sessions announced this week that the Justice Department will increase the use of civil asset forfeiture, the practice that allows law enforcement officials to seize property from persons who have been neither charged with nor convicted of any crime. “Civil asset forfeiture is a key tool,” Sessions declared. “President Trump has directed this Department of Justice to reduce crime in this country, and we will use every lawful tool that we have to do that.”

But civil asset forfeiture is not a “lawful tool.” It is an unconstitutional abuse of government power. The Fifth Amendment forbids the government from depriving any person of life, liberty, or property without due process of law. Civil asset forfeiture turns that venerable principle on its head, allowing government agents to take what they want without the bother of bringing charges, presenting clear and convincing evidence, and obtaining a conviction in a court of law. It is the antithesis of due process.

By ordering the expansion of this unconstitutional practice, Sessions has placed himself on a collision course with Supreme Court Justice Clarence Thomas. As Thomas recently explained in a statement respecting the denial of certiorari in the case of Leonard v. Texas, not only has civil asset forfeiture “led to egregious and well-chronicled abuses” by law enforcement agencies around the country, but the practice is fundamentally incompatible with the Constitution.

As I described Sessions’ attitude in a post on Gab: “Asset forfeiture now, asset forfeiture tomorrow, asset forfeiture forever!” http://minx.cc:1080/?post=370736. The victims of asset forfeiture tend not to be the druglords or property tycoons … the majority are relatively poor and the asset being taken from them is often their primary financial possession. Druglords and tycoons can easily afford high-powered lawyers … poor people whose life savings have just been seized have no recourse at all in most states. As Senator Rand Paul said: “People who are victims of civil forfeiture are often poor, African American or Hispanic, and people who can’t afford an attorney to try to get the money that’s taken from them by the government”.

Megan McArdle points out that “civil asset forfeiture is […] almost the literal embodiment of that hoary old socialist proverb: ‘Property is theft’:”

Now, this may not seem unreasonable to you. Why should criminals be allowed to keep their ill-gotten gains? And fair enough, except for one small thing: They can take your stuff without charging or convicting you.

Law enforcement agencies have often been able to keep the seized assets for their own use, which has given them a keen interest in generating new civil asset forfeiture cases. As Justice Clarence Thomas remarked, while rebuking his colleagues for failing to hear a case on this topic, “this system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses.” (And indeed, abuse is rampant.)

Because of those well-chronicled abuses, the Obama administration in 2015 ended what was known as the Equitable Sharing program, which allowed local law enforcement to seize assets and then transfer them to the federal government, with the federal government passing back part of the proceeds to the local department. This proved an excellent way to get around state laws, including those intended to funnel seized assets into state coffers. The Obama administration very sensibly decided that it didn’t want to help law enforcement become a sort of freelance tax authority, and shut this practice down.

Now Sessions has revived it. “How is this conservative?” demanded an earnest liberal of my acquaintance. And all I could reply was that that is a very good question.

July 15, 2017

The Scopes Trial in Dayton, Tennessee

Filed under: History, Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 06:00

As a long-time admirer of H.L. Mencken (since discovering Prejudices: A Selection in a used book store on Queen Street in the mid-1980s), I’ve always had an interest in the skullduggery around the “Scopes Monkey Trial” … and apparently so has Colby Cosh:

H.L Mencken celebrates the repeal of Prohibition, December 1933.

In a merely procedural sense, the Scopes Monkey Trial in Dayton, Tennessee, ended on July 21, 1925 with the conviction of biology teacher John T. Scopes on the charge of instructing students that “man has descended from a lower order of animals.” But of course the real Monkey Trial is eternal, winding its way anew through American life, decade after decade. The carefully staged publicity stunt in Tennessee was merely one occasion in a longer struggle over the nature of man and the limits of his knowledge. I know this is an old-fashioned romantic ACLU-liberal view of the matter, but I hold to it.

As I write this column, county officials in Dayton are unveiling a statute of Clarence Darrow, the garrulous, crooked lawyer who represented Team Enlightenment in the original 1925 contest between Darwinian evolution and the Scriptures. In 2005, the citizens of Dayton, where Monkey Trial tourism is now a crucial industry, erected a statue of William Jennings Bryan on the grounds of the immortal Rhea County courthouse. Bryan had been the chosen hero of evangelical Christianity in the trial, dying less than a week after its conclusion, and is the namesake of a local bible college, which paid for the statue.

[…]

I became a serious student of the Scopes Trial as an undergraduate. Like anybody else, I had seen the 1960 Hollywood rendering of the play about the trial, Inherit The Wind, which represents Bryan as an ignorant windbag, Darrow as a tired, patient figure of ostentatious nobility, and a thinly disguised H.L. Mencken as a cruel nihilist newspaperman. Today, I suppose I would regard Mencken as the real hero of the show. He was privy to the ACLU’s engineering of the trial as a publicity stunt, but he also always said that Tennessee was within its constitutional rights to forbid the teaching of evolution — to be, in his view, just as backward as its people wished.

Inherit The Wind makes its pseudo-Mencken a heartless guttersnipe mostly as a device for elevating a sympathetic Darrow even further. This is part of the movie’s major liberty with the events of the trial: it has Bryan drop dead in mid-rant at the moment of its culmination, instead of waiting a few days. What I discovered as a student was that, aside from this excusable concession to theatrical unity, the film probably deserves some kind of prize for general fidelity to historical events.

July 12, 2017

Someone at the NRA finally speaks out on the shooting death of Philando Castile

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

Radley Balko on the problems the NRA creates for itself by its reflexive support of the police, which weakens its efforts on upholding gun rights for ordinary Americans:

At long last, someone from the National Rifle Association has spoken up about Philando Castile. Sort of. During a CNN segment, NRA spokeswoman and pundit Dana Loesch said this:

    I think it’s absolutely awful. It’s a terrible tragedy that could have been avoided. I don’t agree with every single decision that comes out from courtrooms of America. There are a lot of variables in this particular case, and there were a lot of things that I wish would have been done differently. Do I believe that Philando Castile deserved to lose his life over his [traffic] stop? I absolutely do not. I also think that this is why we have things like NRA Carry Guard, not only to reach out to the citizens to go over what to do during stops like this, but also to work with law enforcement so that they understand what citizens are experiencing when they go through stops like this.

As Jacob Sullum points out at Reason, this is pretty weak stuff. A law-abiding gun owner was shot and killed by a cop after doing everything he was supposed to do. It then took more than a year for anyone from the nation’s largest gun rights organization to comment, and when she did, she offered a vague, heavily qualified, quasi-criticism of the cop while implying not only that Castile contributed to his death but also that he might be alive if only he were carrying an NRA Carry Guard card.

This is about par for the course for the NRA. This is the group that claims to be the only thing preventing the government from obliterating the Second Amendment, yet they’re noticeably quiet about the people doing the most violence to the Second Amendment — the armed, badge-wearing government employees we call law enforcement officers. For all the NRA’s dire warnings about government gun confiscation, the real, tangible threat to gun-owning Americans today comes not from gun-grabbing bureaucrats but from door-bashing law enforcement officers who think they’re at war — who are too often trained to view the people they serve not as citizens with rights but as potential threats. Here, the NRA just doesn’t want to get involved.

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In short, the NRA seems to think we’re at risk of creeping tyranny and abuse of power from all sectors of government except from the men and women armed, badged and entrusted with the power to kill. That’s a problem, because if armed agents who enforce the laws on the ground aren’t required to respect our rights, our rights don’t really exist.

The Supreme Court could rule the NRA’s way on the Castle Doctrine for the next 25 years, but if the police continue to kick down doors with impunity, law-abiding gun owners will be at risk, and the Second Amendment will be more of an empty gesture than a constitutional protection. The Supreme Court could rule the NRA’s way on conceal carry for the next 25 years, but if the organization keeps pushing the line that cops are at war, that the populace is dangerous, and that every citizen is a possible threat, the right to carry a gun in public will always be constrained by cops conditioned to see every weapon as a threat to their existence.

Finally, the Supreme Court could rule the NRA’s way and abolish all the state laws like those that ensnared Shaneen Allen, but as long as the NRA and its allies push rhetoric that makes white people (and white cops) see all crime with a black face, the right to bear arms for people who look like her — or who look like Philando Castile — exist only in theory.

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