Quotulatiousness

May 2, 2013

ESR on the true meaning of moral panics

Filed under: Media, Politics, USA — Tags: , , , , , , , — Nicholas @ 09:03

Eric S. Raymond on the difference between the claimed meaning and the actual, underlying reason for various moral panic incidents:

In my experience, moral panics are almost never about what they claim to be about. I am just (barely) old enough to remember the tail end of the period (around 1965) when conservative panic about drugs and rock music was actually rooted in a not very-thinly-veiled fear of the corrupting influence of non-whites on pure American children. In retrospect it’s easy to understand as a reaction against the gradual breakdown of both legally enforced and de-facto racial segregation in the U.S.

But moral panics are by no means a monopoly of cultural conservatives. These days the most virulent and bogus examples are as likely to arrive from the self-described “left” as the “right”. When they do, they’re just as likely to be about something other than the ostensible subject.

In Lies, Damn Lies, and Rape Statistics a college newspaper does a little digging through U.S. crime statistics and finds that the trendy “anti-rape” movement is exaggerating the rape risk of college women by two full orders of magnitude — as it concludes, “the ‘one in four’ chant should be abandoned and replaced with the more appropriate, albeit less catchy, 1 in 400.”

What can explain such gross distortion? I’ve looked into this issue myself and discovered a lot of flim-flam. Still, even the the best-case figures I arrived at apparently overestimated the actual risk on campuses by a factor of 50. (Barbarian zones — like, say, inner-city Detroit — might be a different story.)

If the rape panic runs parallel to the the now nearly forgotten drugs-and-rock panics of the 1950s and 1960s (and many others like them, before and after) we should expect it to actually be be rooted in an attempt to assert control of or cultural dominance over some threatening Other. And there is indeed evidence that points in that direction.

May 1, 2013

A quick primer on crony capitalism

Filed under: Business, Government, Politics, USA — Tags: , , , , , — Nicholas @ 09:58

In The Atlantic, Timothy P. Carney gives us a thumbnail sketch of the rise and rise of crony capitalism in the United States since 2004:

The 2005 and 2007 energy bills required drivers to buy ethanol, created a government loan-guarantee program for private sector green-energy projects, and effectively outlawed the traditional incandescent light bulb. Ethanol and the green-energy finance programs are pretty naked corporate welfare. General Electric and the light-bulb industry lobby supported the light-bulb law, which forces consumers to buy higher-profit-margin high-tech bulbs.

Then, 2008 saw an avalanche of corporate bailouts: Bear Stearns, AIG, Fannie Mae and Freddie Mac. Then the TARP bailed out all of Wall Street, and later General Motors and Chrysler.

Obama came to power in 2009 and signed an $800 billion stimulus bill supported by the Chamber of Commerce and loaded with goodies for the likes of Google and Solyndra. Obama pushed cap-and-trade with the support of the U.S. Climate Action Partnership, a corporate coalition led by GE, which had set up a business to create and trade greenhouse-gas credits.

In June 2009, Obama signed the Family Smoking Prevention and Tobacco Control Act, a regulatory measure that Philip Morris supported and reportedly helped write — smaller competitors called it the “Marlboro Monopoly Act.” That same month, Wal-Mart, the country’s largest private-sector employer, publicly endorsed the employer mandate in health insurance that became part of Obamacare. The drug lobby wrote significant parts of Obamacare, and the hospital lobby liked the bill enough to file an amicus curiae brief with the Court defending the law from its challenge by states and the small business lobby.

Boeing and the Chamber of Commerce launched a full-court lobbying push in 2011 to save and expand the Export-Import Bank, the government agency Obama loves using to subsidize U.S. Exports — including lots of Boeing jets. In a lesser-known case of regulatory profiteering, Obama hired H&R Block’s CEO to a top position at the IRS, where he crafted new regulations on tax preparers — rules which H&R Block supported and small tax preparers sued to overturn.

Syrian use of nerve gas

Filed under: Middle East, Military, USA — Tags: , , , — Nicholas @ 08:13

Strategy Page outlines what we think we know about the use of nerve gas in Syria:

In Syria the rebels have been accusing the government of using nerve gas shells and bombs. Israel is convinced this is so and the U.S. is inclined to agree with them. The known incidents occurred in the northern city of Aleppo where government forces are taking a beating. Syria insists that no nerve gas was used, but the nerve gas may have been ordered as a desperate measure to halt the advancing rebels, with instructions that “this never happened”. Israel insists it has definitive proof and apparently that is convincing many NATO members, including the United States. Moreover a Syrian general defected in late April and said he was ordered to use chemical weapons against rebels in the southwest recently, but fired shells with harmless chemicals instead. The general offered to reveal where he had buried the actual chemical shells.

Syrian nerve gas is stored at some fifty locations all over the country. A large number of troops are devoted to defending these stockpiles and some chemical weapons have been moved to avoid capture by the rebels. Officially Syria has no nerve gas, but the Assad government has recently made statements indicating that it is abandoning that fiction. Syria has maintained stocks of chemical weapons for decades as a last ditch weapon for any future war with Israel (which few Syrians believe could be won). Israel has prepared accordingly. Recently Syria announced that it never had any intention of using nerve gas against Israel. This all gets even stranger as Israel has recently advised the United States to stay out of Syria, even if nerve gas is being used. That’s apparently because Israel wants to take care of this problem itself, as its Israeli civilians who are likely to die if Syrian nerve gas is captured by Islamic terrorists (who still want to use nerve gas against Israel).

Photos of dead civilians the rebels claim were nerve gas victims do show signs of nerve gas in use (foaming at the mouth and contracted pupils). The only way to obtain conclusive evidence is for someone to bring out the bodies of victims (or blood samples) and soil samples from the area where the nerve gas was used. If the rebels want to prove their accusations of nerve gas use they just have to collect these samples and get them out of the country. Apparently that has been done, at least to the satisfaction of Israeli intelligence. The U.S. said it would intervene militarily if Syria used chemical weapons and demands conclusive proof (blood and soil samples) before deciding and acting. Now the U.S. has apparently been shown evidence of Syrian use of chemical and is debating what to do about it.

April 30, 2013

Barnes & Noble files a great argument for reforming the patent system

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 15:22

At Techdirt, Mike Masnick has to restrain himself from just quoting the whole B&N submission to the Federal Trade Commission and the Department of Justice:

As Groklaw notes, the B&N filing is clear, concise and highly readable. It outlines the problem directly:

    The patent system is broken. Barnes & Noble alone has been sued by “non practicing entities” — a/k/a patent trolls — well over twenty-five times and received an additional twenty-plus patent claims in the last five years. The claimants do not have products and are not competitors. They assert claims for the sole purpose of extorting money. Companies like Barnes & Noble have to choose between paying extortionate ransoms and settling the claim, or fighting in a judicial system ill equipped to handle baseless patent claims at costs that frequently reach millions of dollars.

As they point out clearly, even when they have a very strong case — either when they don’t infringe and/or when the patent is bogus, a lawsuit is incredibly costly in terms of time, money and effort.

    In the current system, patent trolls overwhelm operating companies with baseless litigation that is extremely costly to defend. Patent cases generally cost at least $2M to take through trial, and frequently much more. Litigating, even to victory, also entails massive business disruption. Companies are forced to disclose their most sensitive and top-secret technical and financial information and must divert key personnel from critical business tasks to provide information and testimony. The process is exceptionally burdensome, especially on technical staff. Document discovery and depositions seem endless.

    Patent trolls know this and as a result, they sue companies in droves and make settlement demands designed to maximize their financial take while making it cheaper and less painful to settle than to devote the resources necessary to defeat their claims. The current system lets them do so even with claims that are unlikely to prevail on the merits. That is because, whether win lose or draw, the rules effectively insulate trolls from negative consequences except perhaps a lower return than expected from any given company in any given case. They can sue on tenuous claims and still come out ahead. And so the broken system with its attendant leverage allows trolls to extract billions in blackmail from U.S. companies and, in the final analysis, consumers.

One of the great things about the filing is that it reminds the FTC and the DOJ of the constitutional underpinnings of patent law — not that patents are required or guaranteed, but that their purpose is to promote the progress of the useful arts. If that is not happening, then the use of patents in such a manner should be seen as unconstitutional.

Shikha Dalmia: This was not Rand Paul’s finest moment

Filed under: Liberty, Politics, USA — Tags: , , , , — Nicholas @ 10:18

In the wake of the Boston Marathon bomb attack, Republican politicians didn’t cover themselves in glory:

Remember the story about the drunk who loses his car keys in the forest but looks for them under a lamp post because that’s where the light is? Conservative calls to fight terrorism in the wake of the Boston attack by ditching immigration reform make just as much sense.

The difference is that the drunk’s efforts were merely futile. Conservative efforts are also dangerous because they ignore the security threat that Big Government poses.

No sooner was it revealed that the two bombers were Russian emigres of Chechen heritage than Iowa’s Sen. Charles Grassley declared that the attacks show that America needs to “beef up security checks,” not let more newcomers in. Rep. Steven King, also a committed restrictionist from Iowa, demanded we pause and look at “the big picture” on immigration, as if seven years since the last failed effort at reform is not enough.

Most disappointing was Republican Sen. Rand Paul of Kentucky’s switcheroo. Last month, he distanced himself from his party’s harsh anti-immigration rhetoric. This week he counseled that we rethink visas for foreign students, never mind that neither of the Brothers Tsarnaev ever obtained one.

None of this, however, would have prevented the attack given that the Tsarnaev brothers obtained asylum around 2002 at the ages of 8 and 15 along with their parents, fleeing persecution in Russia. Reportedly, the older brother Tamerlan, a boxing champion, became radicalized only eight years later, after his mother, not seriously religious then, reminded him of his Islamic faith’s strictures to wean him off alcohol and drugs. When he met his wife, Katherine Russell, at a nightclub, he was a nominally pious, somewhat confused young adult with few signs that he’d become a raving zealot.

QotD: Shades of Yamamoto

Filed under: Middle East, Military, Quotations, USA — Tags: , , , — Nicholas @ 00:01

While the results of the wargames are all well and good, El Reg hopes this won’t induce a sense of complacency. Wargames are just that — games — and reality is going to be much more unpleasant. As the 19th century Prussian military strategist Helmuth von Moltke the Elder noted, “No human acumen is able to see beyond the first battle.”

Barely a decade ago we saw this demonstrated with the Millennial Challenge in 2002 — a simulated land, sea, air and electronic online wargame against a fictional Middle Eastern country (somewhat like Iraq). It was intended to be the first test of the switched-on, network-centric warfare beloved by former US Secretary of Defense Donald Rumsfeld, and in practice it failed miserably.

The Red team, controlled by Marine Lieutenant General Paul Van Riper, refused to play ball — using motorcycle couriers and pre-arranged signals at evening prayers to trigger attacks on the Blue team forces rather than easily-tapped radio or wired signals. By the second day, Van Riper had sunk one aircraft carrier, ten cruisers, and five of six amphibious ships of the attacking force, and the $250m exercise was shut down and reset.

Iain Thomson, “NATO proclaimed winner of Locked Shield online wargame”, The Register, 2013-04-29

April 29, 2013

US domestic firearms sales continue to grow

Filed under: Business, USA — Tags: , , , , — Nicholas @ 12:38

In the Wall Street Journal, Tom Gara shows us the booming market for firearms since 2008:

Gun buyers have long demonstrated a tendency to stock up on weapons and ammunition ahead of possible changes to gun laws, and a so-called “Obama surge” in gun sales kicked off in the lead-up to Barack Obama’s first election victory in 2008.

There was a similar pick up in 2012 as a second Obama victory looked likely, and another rush on stores when it became clear the Obama administration would push for tighter gun control laws in the wake of the Sandy Hook school shooting last December.

In fact, the rush beginning in December has been high even by historic standards: the FBI conducted just under 2.8 million background checks on prospective gun buyers in December 2012, the highest number in any single month since records begin in November 1998. That’s more than triple the number it was running in in December 2002.

And the rush has continued through 2013 so far. Here’s the number of monthly background checks in the first three months of each year since 1998. This year looks set to be the busiest ever.

Jan-Mar gun sales 1998-2013

TSA makes sensible decision, but quickly backtracks after noisy protests

Filed under: Bureaucracy, Government, USA — Tags: , , , , — Nicholas @ 09:10

In Reason, Steve Chapman explains why bureaucrats rarely go out of their way to ease restrictions:

Once in a while, a government agency adopts a policy that is logical, hardheaded, based on experience and unswayed by cheap sentiment. This may be surprising enough to make you reconsider your view of bureaucrats. But not to worry: It usually doesn’t last.

In March the federal Transportation Security Administration surprised the country by relaxing its ban on knives and other items. Starting April 25, it said, it would allow knives with blades shorter than 2.36 inches, as well as golf clubs, pool cues and hockey sticks.

That was before flight attendants and members of Congress vigorously denounced the idea as a dire threat to life and limb. It was also before two bombs went off at the Boston Marathon.

So it came as no great surprise when last week TSA announced it would retain the existing ban indefinitely so it could hear more from “the aviation community, passenger advocates, law enforcement experts and other stakeholders.”

A more plausible explanation is that TSA officials grasped the old Washington wisdom: Bureaucrats rarely get in trouble for being too careful. But if there were a single incident featuring a passenger and a blade, the agency would be tarred and feathered.

Politicians love seeing their names in the newspaper or being mentioned on TV. Bureaucrats understand that such attention can be a career-limiting move. Therefore, no rational bureaucrat will want to be associated with any policy change that might lead to media attention.

US Navy’s innovative Littoral Combat Ship designs still undergoing teething problems

Filed under: Military, USA — Tags: , , , — Nicholas @ 07:53

Strategy Page looks at the documented issues facing the two different ships in the Littoral Combat Ship (LCS) class:

The U.S. Navy is encountering a seemingly endless list of problems with their new “Littoral Combat Ship” (LCS). Last year it was decided to put the ship into mass production. But it was recently revealed that last year the navy discovered that the computerized combat systems of the LCS were vulnerable to hacking. The navy understandably won’t provide details about the vulnerability or the fixes that have since been implemented. This sort of vulnerability on U.S. warships has been hinted at for years, but navy officials have largely been silent on the subject.

Such vulnerabilities have become more common as warships became more networked (internally and externally) over the last two decades and installed constant Internet connections for work and improving morale. The LCS problems were encountered when one of the navy “red teams” (sometimes called “tiger teams”) played offence on the LCS electronics and found there was a way in that provided opportunities to do damage. The navy has no comment on the vulnerabilities with other ship classes.

The LCS has been unique in many ways and this has caused the navy all manner of grief in the media. The LCS is a new ship type and generating a larger number of problems than older, more traditional ship designs. The media loves this, because problems with weapons grab attention and ad revenue. In response to this media feeding frenzy the navy has tried some damage control.

[. . .]

This is all part of the expected years of uncertainty and experimentation as this radical new combat ship design seeks to find out what works, to what degree, and what doesn’t. There is some nervousness about all this. The U.S. Navy has not introduced a radical new design for nearly a century. The last such new design was the aircraft carrier, which required two decades of experimentation and a major war to nail down what worked. Even the nuclear submarines of the late 1950s and early 60s were evolutionary compared to what the LCS is trying to do.

In the last seven years two different LCS designs were built and put into service. Problems were encountered and that was expected. The much smaller crew required some changes in how a crew ran a ship and how many sailors and civilians were required back on land to support a LCS at sea. It was found that the interchangeable mission modules take far longer (2-3 days instead of 2-3 hours) to replace. The LCS has still not seen combat and the navy wants the first violent encounter to be successful or at least not disastrous. It is expected that there will be surprises, which is about all that can be guaranteed at this point.


USS Freedom at sea. Click for full-sized image at Wikipedia


USS Independence at pier side. Click for full-sized image at Wikipedia.

April 28, 2013

Reason.tv: Why the GOP Should Embrace Science

Filed under: Economics, Politics, Science, Technology, USA — Tags: , , , , — Nicholas @ 10:01

“What has always alleviated our scarcity? What has always alleviated our environmental problems? Technology. What breeds technological dynamism? Economic success,” explains Joshua Jacobs, co-founder of the Conservative Future Project, a new pro-science, pro-technology organization that’s trying to get the Republican Party to embrace an open-ended future filled with driverless cars, stem-cell research, and private space exploration.

If that sounds like a tall order for a party whose leading presidential candidates in 2012 waffled on whether they believed in evolution, you’re right. But Jacobs argues forcefully that the GOP is no less anti-science than the Democrats and actually has a long history of pushing scientific and technological innovation.

Nick Gillespie sat down with Jacobs in Reason‘s D.C. studio to talk about how conservatives might stop standing athwart history yelling stop and march boldly into the future.

The “first sin of conservatism”

Filed under: Humour, Politics, USA — Tags: , — Nicholas @ 09:18

In yesterday’s Goldberg File email, Jonah Goldberg talked about making a speech at Washington College the night before:

During the Q&A a very attractive girl who’d spent much of my talk rolling her eyes and chatting with her friend, asked me a pretty typical question. She asked, more or less: How can you expect the Republicans to have a future if you go around antagonizing liberals, who are half the country, the way you did tonight?

I responded with a few points. First, I did my “Babe Ruth pointing to the outfield.” Then I did “dog pointing at water fowl.” I followed up with “Billy Hayes furiously pointing at Rifki in Midnight Express.” And I closed with the crowd pleaser “Bill Clinton pointing out his nightly selections from the intern pens.”

Once I was done with my interpretive dance “points,” I adjusted my form fitting unitard and made some verbal ones.

I explained that I was not there as a Republican and that I don’t speak for the Republican party. The GOP is simply the more conservative of the two political parties and as such it gets my vote. I speak for myself, for conservatism as I understand it, and — it should go without saying — the riders of Rohan.

Second, liberals — as in people who actually call themselves liberals — make up only about 20 percent of the electorate, while people who self-identify as conservatives make up 40 percent of the country. So even if I was speaking for Republicans, the idea that the key to Republican success lies in avoiding antagonizing liberals is just plain weird. Besides, liberals have had a great run of late antagonizing conservatives. Shouldn’t that mean liberals are doomed?

I made a few other (verbal) points. Deep Space Nine, much like Brussels sprouts and Swiss armed neutrality, is underrated, etc. But here’s the interesting part (“We’ll be the judge of that,” — The Couch). A central theme of my speech was that conservatives should spend less time demonizing liberals and more time trying to understand why so many people find the liberal message of “community” appealing.

I suggested that maybe what she took for my “antagonizing” could more plausibly be described as me offering “hard truths” she didn’t like hearing. This made her quite angry. One might even say it antagonized her. And that’s fair enough. No one likes being told that their anger stems not from being wrongly insulted but from being rightly told that they’re wrong (“Gimme a second; I’m still trying to follow that” — The Couch).

Still, I find this representative of a lot of campus liberals. They seem to think that the first sin of conservatism is disagreeing with liberals, as if it is simply mean-spirited to think liberals are wrong.

Facts, Horrible Facts

Second perhaps only to the glories of women’s prison movies, this was one of the earliest themes of the G-File, going back to the ancient origins of National Review Online, when I would personally tattoo this “news”letter on the back of a dwarf and have him run to each reader and take his shirt off. It was really inefficient.

What was I talking about? Oh right, the “meanness” of disagreement. Without getting into the weeds of the immigration or gun-control debates, there’s a certain liberal attitude that disagreement is just nasty. If you point out that background checks or “assault weapon” bans won’t work, the response is anger and frustration that you just don’t get it.

That’s because, as Emerson once said, “There is always a certain meanness in the argument of conservatism, joined with a certain superiority in its fact.” Whenever I talk to liberal college kids, I think of this line, because when I disagree with them it hurts their feelings (I would say their tears are delicious, but even I recoil at the image of me running out into the audience and licking the cheeks of weepy college kids).

April 26, 2013

Minnesota introduces new policy for dealing with veterans

Filed under: Humour, Military, USA — Tags: , , , , — Nicholas @ 10:30

You may not hear about this in the mainstream press, but The Duffel Blog digs for the real story:

Officials from the Minnesota Department of Motor Vehicles have confirmed approval of a new policy making it mandatory for all active-duty and military veterans to register their status with the agency. The move will require all veterans to have a special “Vet” designation on their drivers’ licenses and state identification cards.

The Minn. DMV, which hopes to have the policy implemented by 2015, cites an inherent mental health threat by veterans as their main reason for devising the plan.

“We’ve seen what these savages are capable of all over CNN and MSNBC,” says DMV director, Greg Olson. “Out of all the millions of men and women who have deployed to combat zones this past decade, there are literally a dozen, perhaps even two, who have come home and committed atrocious acts. That’s way too big a chance. We can’t risk having these people hidden in our community and will be making sure they’re easily identifiable to law enforcement personnel and citizens in general.”

The new strategy will most likely result in changed police escalation-of-force procedure when dealing with veterans during routine traffic stops.

According to Olson, law enforcement officers will be given more opportunity to defend themselves against a perceived threat.

“Phase One will consist of the officer identifying an individual’s vet status on his or her driver’s license,” he says. “Once the officer realizes what he or she is dealing with, Phase Two will kick in and they will immediately unsheathe their pistol and drawdown on the potential psychopath. Then, at Phase Three, the officer will be given free reign to search the individual’s vehicle for weapons and dead bodies. If, and only if, the officer doesn’t find anything, then he will subsequently release the veteran and thank them for their service.”

April 23, 2013

The myth of radicalization

Filed under: Liberty, Politics, Religion, USA — Tags: , , , , , — Nicholas @ 09:41

In sp!ked, Frank Furedi examines the recent phenomenon of “nice guys” turning into terrorists:

… homegrown terrorism is viewed as a problem of ‘radicalisation’, where young people are seen as having effectively been warped by some imam or ideology promoter. So within days of the Boston bombers being identified, a local mosque was blamed for radicalising Tamerlan Tsarnaev. Others have looked for alternative sources of radicalisation, such as jihadist courses on YouTube or extremist Islamist websites. The theory of radicalisation is based on the premise that the lure of jihad politicises otherwise disgruntled individuals and transforms them into hardened militants.

Yet it is not clear what exactly constitutes the lure of jihad. Young people who are attracted to jihadist websites rarely adopt a new worldview. In fact, their perspective is very similar to numerous non-Muslim Westerners who visit nihilistic websites and become fascinated by destructive themes and image. Those who visit jihadist sites are choosing a fad rather than a coherent ideological outlook. In this regard, it is worth noting that some radicals arrested for terrorist activities in Europe are neither religious zealots nor political idealists. A study of ‘The Mujahideen Network’, a Swedish internet forum, discovered that its members’ knowledge of Islam was ‘virtually non-existent’ and their ‘fascination with jihad seems to be dictated by their rebellious nature rather than a deep ideological conviction’ (5). In other words, these people seem to have been driven by their estrangement from society rather than being pulled by a vibrant and dynamic alternative.

[. . .]

In fact, there are formidable cultural forces that denigrate the West’s historical achievements and its traditional belief in progress and enlightenment. Some commentators argue that the West, finding it difficult to believe in itself, faces a moral crisis. In such circumstances, is it any wonder that many young people feel deeply estranged from the Western way of life? Fortunately, only a handful opt for the nihilistic course of action taken by the Boston bombers. But the real problem is not to be found in the impressionable minds of youths but in the failure of society to inspire these young people with positive and forward-looking ideals.

Young people are not being seduced by mystical jihadist ideologies; they are being driven away by a society that fails to lead or enthuse or move them. There will, of course, always be a handful of confused and disturbed individuals who opt for acts of violent destruction. But as long as their community believes in itself, the damage they cause will be contained. The experience of the post-9/11 world shows that winning the arguments for an open society is the most effective answer to the threat of terror.

April 22, 2013

QotD: The long-term dangers of chronic unemployment

Filed under: Economics, History, Quotations, USA — Tags: , , — Nicholas @ 12:20

One of the most pernicious aspects of the chronic unemployment rampant during the Great Depression was that it took many people (mostly men) out of the workforce permanently. Many men simply became unsuited for making a living, and this in turn prevented them from forming families or even becoming a part of normal society. The same pattern is appearing now, and it is a cause for grave concern. Chronic unemployment isn’t just a hit to the economy; it attacks the very fabric of society.

The simplistic approach to this problem is to demand that the government create jobs ex nihilo, but this almost never works in practice. Besides being wasteful of tax dollars and of limited use in actually reducing unemployment, these types of programs also tend to cultivate a sense of cynicism in the workers themselves. FDR’s various make-work schemes were a perfect example of this. (The old joke about the WPA was that it stood for “We Piddle Around”.)

Monty, “DOOM: It’s not the fall that kills you, it’s the sudden stop”, Ace of Spades H.Q., 2013-04-22

The “public safety exception” to Miranda is a really bad idea

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:33

In Techdirt, Mike Masnick explains why this Obama administration innovation should not be perpetuated:

  1. Suspending basic rights and due process out of fear is exactly the kind of thing that people attacking the US want to see. Showing that we can’t live up to our most basic rights and principles in the face of a terrorist attack gives those who hate us that much more incentive to keep going. It’s not just a sign of weakness, but an encouragement for those who seek to undermine our society. In fact, it takes a step in that very direction by showing that the government is willing to throw out the rules and principles when it gets a little scared by a teenager.
  2. The slippery slope here is steep and extremely slick. There are no rules on when the DOJ can suddenly ignore Miranda. It gets to decide by itself. This is an organization with a long history of abusing its power, now allowed to wipe out one of the key protections for those they’re arresting, whenever it sees fit. The whole point of the ruling in Miranda is that it should not be up to law enforcement. A person’s rights are their rights.
  3. The part that really gets me: if anything, this opens up a really, really stupid line of defense for Dzokhar Tsarnaev if he ever faces a criminal trial. His lawyers will undoubtedly claim that the arrest and interrogation was unconstitutional due to the lack of (or delay in) Miranda rights. Why even open up that possibility of a defense for him?
  4. The guy has lived in the US for many years — chances are he actually knows the fact that he has the right to refuse to speak. So, we’re violating our principles, basic Constitutional due process, and opening up a massive opening for a defense, to avoid telling him something he likely already knows.

It’s been said before and it’ll be said again, but turning ourselves into a paranoid police state without basic rights means that those who attack us are winning. We should be better than that, and it’s a shame that our leaders have no problem confirming for the rest of the world that we’re not. What a shame.

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