Quotulatiousness

June 16, 2011

Horwitz: Yes, it is a police state

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 08:18

It’s been a long time since 9/11, and the biggest losses have been in civil liberties:

As regular readers know, I’m not one for hyperbole, so perhaps some are thinking that my title is ironic. Nope, I mean it. An accumulation of events in recent months leads me to no other conclusion than that we are in fact living in a police state in the good old US of A.

The list of reasons is fairly long, but we can certainly start with our favorite gropers at the TSA. In my ideal world, airline safety would be the responsibility of those with the most directly to lose financially from doing it poorly: the airlines and the airports. But even in a world where government has taken on that responsibility, we should be protected by the Fourth Amendment against “unreasonable” searches. It’s one thing to walk through the standard metal detector, which seems reasonable, but when we are expected to pose virtually nude in a submissive position for government agents, and when refusing to do so earns you a feel-up that would count as sexual battery in most states, that is something else entirely.

If I had told you 20 years ago that in 2011 this is what would happen every day to thousands of travelers — including toddlers and the handicapped — at U.S. airports, you would not have believed me. And on top of everything else, it doesn’t work! It’s mere “security theatre.” When residents of the United States have a legitimate fear of being sexually abused by agents of the State when engaging in peaceful air travel, we live in a police state.

June 14, 2011

QotD: John Hospers

Filed under: Liberty, Politics, Quotations, USA — Tags: , — Nicholas @ 10:38

My old philosophy professor has died. He was the only person I’ve ever met who both received a vote in the electoral college for president of the United States and published leading textbooks in ethics and aesthetics. I am fairly confident that he was the only person of whom that will ever be said.

When I enrolled at the University of Southern California in 1973 to study philosophy, John was chairman of the department. I already knew about him, however, as I had read his book Libertarianism: A Political Philosophy for Tomorrow and had heard him debate against socialism the year before, alongside the late R. A. Childs, Jr. That was when John was the first presidential candidate of the brand new Libertarian Party. (He and his running mate, the first woman ever to receive an electoral vote, Tonie Nathan, were on the ballot in only 2 states that year.) It wasn’t a very vigorous campaign, but it helped thousands of people to say, “You know, I don’t fit in with either the left or the right; they’re both abusive of liberty.” Besides that electoral vote the Hospers campaign helped to launch a long-term political alignment that is very much with us today, as people increasingly see issues in terms of personal liberty and responsibility, rather than as a battle between two different flavors of statism.

Tom G. Palmer, “John Hospers, R.I.P.”, Cato @ Liberty, 2011-06-14

Random links

Filed under: Britain, Cancon, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 10:11

A few links which don’t lend themselves to becoming full blog posts:

June 13, 2011

Police SWAT teams under fewer restrictions than troops in Afghanistan

Filed under: Bureaucracy, Government, Law, Liberty, USA — Tags: , — Nicholas @ 12:12

John W. Whitehead recounts the ongoing militarization of police and other non-military government agencies:

The militarization of American police — no doubt a blowback effect of the military empire — has become an unfortunate part of American life. In fact, it says something about our reliance on the military that federal agencies having nothing whatsoever to do with national defense now see the need for their own paramilitary units. Among those federal agencies laying claim to their own law enforcement divisions are the State Department, Department of Education, Department of Energy, U.S. Fish and Wildlife Service, and the National Park Service, to name just a few. These agencies have secured the services of fully armed agents — often in SWAT team attire — through a typical bureaucratic sleight-of-hand provision allowing for the creation of Offices of Inspectors General (OIG). Each OIG office is supposedly charged with not only auditing their particular agency’s actions but also uncovering possible misconduct, waste, fraud, theft, or certain types of criminal activity by individuals or groups related to the agency’s operation. At present, there are 73 such OIG offices in the federal government that, at times, perpetuate a police state aura about them.

[. . .]

How did we allow ourselves to travel so far down the road to a police state? While we are now grappling with a power-hungry police state at the federal level, the militarization of domestic American law enforcement is largely the result of the militarization of local police forces, which are increasingly militaristic in their uniforms, weaponry, language, training, and tactics and have come to rely on SWAT teams in matters that once could have been satisfactorily performed by traditional civilian officers. Even so, this transformation of law enforcement at the local level could not have been possible without substantial assistance from on high.

What’s worse than the vast increase in the use of heavily armed police SWAT teams for law enforcement is the casual way the teams are used:

Ironically, despite the fact that SWAT team members are subject to greater legal restraints than their counterparts in the military, they are often less well-trained in the use of force than are the special ops soldiers on which they model themselves. Indeed, SWAT teams frequently fail to conform to the basic precautions required in military raids. For instance, after reading about a drug raid in Missouri, an army officer currently serving in Afghanistan commented:

     My first thought on reading this story is this: Most American police SWAT teams probably have fewer restrictions on conducting forced entry raids than do US forces in Afghanistan. For our troops over here to conduct any kind of forced entry, day or night, they have to meet one of two conditions: have a bad guy (or guys) inside actively shooting at them; or obtain permission from a 2-star general, who must be convinced by available intelligence (evidence) that the person or persons they’re after is present at the location, and that it’s too dangerous to try less coercive methods.

Remember, SWAT teams originated as specialized units dedicated to defusing extremely sensitive, dangerous situations. As the role of paramilitary forces has expanded, however, to include involvement in nondescript police work targeting nonviolent suspects, the mere presence of SWAT units has actually injected a level of danger and violence into police-citizen interactions that was not present as long as these interactions were handled by traditional civilian officers.

June 11, 2011

QotD: OPEC’s 50-year fishing trip

Filed under: Economics, Government, Middle East, Quotations, USA — Tags: , , , — Nicholas @ 11:56

The petroleum-exporting countries have kept America as a gigantic fish on a steel line for nearly 50 years, reeling it in slowly, and letting it out (relaxing oil prices), when the United States made purposeful noises about raising domestic production, cutting consumption, and going to alternate sources. As soon as OPEC fine-tuned the fishing reel, the great fish went with the docility of the addicted consumer back to its default position mainlining on foreign oil at steadily increasing prices and in ever larger quantities. Every president starting with Richard Nixon warned of the danger in this addiction, but none has done anything useful about it. There must be an emphasis on cheap and plentiful natural gas, more nuclear (with maximum safety standards), more off-shore drilling (with maximum environmental-protection arrangements), and higher gasoline taxes to raise revenues and restrain use. All of this will bring down the international price and reduce the amount of money available for the Iranians, Saudis, Venezuelans, and others to finance terrorism around the world, and will ultimately reduce U.S. defense costs. None of this has been done, though the need for it has been obvious for decades.

Conrad Black, “Why America is suffering”, National Post, 2011-06-11

June 10, 2011

With extended lifespans . . . will come later retirement dates

Filed under: Economics, USA — Tags: , , , — Nicholas @ 16:49

For all of us who’ve spent our working lives assuming that 65 was the age of retirement (or 55 for those of you who paid closer attention to retirement planning 20 years earlier than the rest of us), you won’t like this:

Americans better get used to working longer, even until they are 80 years old, according to a study by the Employee Research Benefit Institute (via Robert Powell at MarketWatch).

Naturally, those with lower incomes will need to work longer.

Here’s how it breaks down (via MarketWatch):

  • If you make around $11,700 dollars a year you have to work to age 84 to have a 50% chance of affording retirement.
  • If you make between $11,700-$31,200 a year you have to work to age 76 to have a 50% chance affording retirement
  • If you make between $31,200-$72,500 a year you have to work to age 72 to have a 50% chance of affording retirement.
  • If you make $72,500 or more a year you have to work to age 65 to have a 50% chance of affording retirement.

This study does point out one bright spot for those working past 65 though. If you are putting your money into some kind of retirement fund, your chances of saving enough increase substantially.

Update on the “educational” SWAT team raid

Filed under: Education, Law, Liberty, USA — Tags: , — Nicholas @ 13:06

There’s been a bit of clarification from the authorities, although what they reveal isn’t pretty:

The Department of Education’s Office of Inspector General served a warrant on Stockton, California resident Kenneth Wright at six in the morning on Tuesday. Though the initial story gave the impression that the raid was focused on unpaid student loans, the department’s press secretary helpfully informed us this was not the case, and that the office conducts investigations of bribery, fraud, and embezzlement.

That’s little comfort. A review of the warrant reveals that the investigators were searching for financial records connected with suspected financial aid fraud, conspiracy, theft of government funds, false statements to the government, and wire fraud. Wright wasn’t the suspect — his estranged wife was and she wasn’t present for the raid — but for this list of white collar crimes the agents breached the front door, dragged Wright and his three children from the home, and kept them in a police cruiser for hours (the children for two, Wright for over six).

Kenneth Wright’s gut reaction, captured on video, largely mirrors mine. Ridiculous. Someone may have lied on student loan paperwork, so federal investigators converged to kick in a door and keep a family in the back of a cruiser for hours when they could have simply knocked and served the warrant.

Of course, the stated reason for the raid isn’t likely the real one:

This raid was a tactical dog and pony show to justify the existence of the OIG’s office, timely executed as Republicans are sharpening their fiscal knives. The same bureaucratic survival instinct motivated the ATF’s raid on the Branch Davidian compound in Waco, Texas. The ATF needed a high-profile bust to justify its existence in the face of perennial budgetary scrutiny, scrutiny that is deserved now more than ever as ATF officials knowingly let guns get shipped across the Mexican border to support the cartels. Two turned up at the scene of the shooting death of a Border Patrol agent and others shot a Mexican military helicopter and forced it to land.

Update: Some useful commentary at Popehat:

Anton Chekov (no, not the Star Trek guy) said of writing drama, “one must not put a loaded rifle on the stage if no one is thinking of firing it.”

Law enforcement training and procurement follows a similar ethos: supply creates its own demand. If you buy fancy toys for cops of any stripe, and train them to use them, then they’re going to use them. Once law enforcement is equipped and trained to wield the hammer of paramilitary raids, then every search looks like a nail. [. . .] (I suspect there’s a Napoleonic phenomenon going on as well: in my experience as a former fed and current defense lawyer, the more petty an officer’s power, and the narrower his patch, the more he itches to exercise force and authority.) That’s how they get to the place where they think it’s appropriate to use this much force against an innocent citizen with no criminal record, and his family, because his ex was committing fraud

[. . .]

Searches can be unreasonable not just in their purpose or in their supporting probable cause, but in their execution. A paramilitary raid is a grotesquely disproportionate approach to the investigation of a non-violent crime. It poses a grave risk of accidental death. It terrorizes innocents. And it conditions both police and citizens to view any law enforcement inquiry as justifying overwhelming force. Things like loan fraud and illegal milk sales should not require shock and awe.

The bottom line: we need to be vigilant for government abuse of the application for and execution of search warrants as well as erosion of the use of search warrants.

Cold War thinking on Chinese-US relations

Filed under: China, Economics, History, USA — Tags: , , — Nicholas @ 09:13

Brad Glosserman asks if China is using its new-found economic muscle to bankrupt the United States.

One popular narrative credits the end of the Cold War to a US strategy to bankrupt the Soviet Union. Well aware of the advantage conferred by its superior economic performance, Washington pushed Moscow into a military competition that drained the USSR of its resources. In this narrative, US President Ronald Reagan’s push to create a missile defence system — realistic or not — was the straw that broke the Soviet back.

Are Chinese strategists pursuing a similar approach to the United States? Is Beijing pushing US buttons, forcing it to spend increasingly scarce resources on defence assets and diverting them from other more productive uses? Far-fetched though it may seem — and the reasons to be sceptical are pretty compelling — there is evidence that China is doing just that: ringing American alarm bells, forcing the US to respond, and compounding fiscal dilemmas within the United States. Call it Cold War redux.

If that is indeed China’s strategy, then they’re wasting their efforts: without strong action in the very near term, the US government is going to bankrupt the country with no additional help from overseas required. The “popular narrative” Glosserman refers to handily glosses over the fact that the Soviet economy had been on a downward slide for decades. The Reagan-era military build-up merely hastened the end for Soviet economics, it did not bring it on in the first place. As Adam Smith famously noted, there is a lot of ruin in a nation, but eventually it does go smash — especially if no efforts are made to avert that nasty ending.

H/T to Jon, my former virtual landlord, for the link.

June 9, 2011

Arizona’s First Police Armoured Division goes into action

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 11:08

Earlier this year, facing a looming threat, with ordinary police procedures considered too ineffective, Arizona teamed up with Hollywood for a solution. Rather than sending a squad car to serve the warrant, Maricopa County unleashes the awesome armoured power of the 1st SS Panzer division police plus actor Steven Seagal:

We have previously followed the feudal system created by Maricopa County Sheriff Joe Arpaio in Arizona. Arpaio’s insatiable desire for media attention has led him to turn over areas of his office to Hollywood producers. Last week, Arpaio’s unhinged administration gave the public another bizarre scene as Steven Seagal was seen attacking a home with a tank, armored cars, bomb robot, and dozens of SWAT team members. The crime? Suspected involvement in cockfighting.

The police acknowledge that there was no evidence to suggest that the man was dangerous or that he was armed. He was indeed arrested without a struggle and no guns were found in the house. Well, without a struggle on his part. The armored Seagal attack blew its windows out and caused the neighborhood to think that an invasion was afoot. The huge operations (and its attendant costs) was basically a stage set up to give Seagal good footage for his reality program, “Lawman.” Seagal is shown riding in the tank in the assault on the suspected cockfighter.

H/T to Jon, my former virtual landlord, for the link.

Whistleblowers must take a number and wait to be served

Filed under: Bureaucracy, Economics, Law, USA — Tags: , , , — Nicholas @ 09:21

Edward Siedle, foolish man, takes the Securities and Exchange Commission at their word:

Last Friday afternoon I got it into my head that I should try to contact the head of the SEC’s new whistleblower office and discuss a money manager scam I’d uncovered. Surely, I figured, in this post-Madoff era the SEC must be rolling out the red carpet for those looking to clue it in on financial shenanigans.

On the SEC’s home page, at www. sec.gov I found a new button that says “Questions, Tips and Complaints Whistleblower Provisions.” The bureaucrats behind this nifty new feature were so prescient that they even included a picture of a whistle for the convenience of illiterate snitches.

But he’s in a hurry, and doesn’t want to just fax or email the information — he wants to talk to a human being. That’s where it gets amusing/alarming depending on your view of government:

I got the number of the SEC’s media office from the folks at Forbes and called it. I asked the person who answered for the number of the SEC’s new office of the whistleblower.

“There is no new office of the whistleblower,” I was told.

“Can l please have the number of the head of the office then,” I asked.

“There is no new head of the office and there is no office,” the woman told me in a tone that she appeared to have honed while humoring morons.

“Now wait a minute,” I said, “I read an article about the new guy who is running it. He’s a former tobacco lawyer or something. I know his name … it’s McKessy or something like that.”

My handler laughed and said, “So you believe everything you read?”

H/T to Tim Harford, who linked to this article saying “Adapt emphasises whistleblowing as a way of uncovering hidden problems in fragile systems. Therefore: HEADDESK”.

Adapt, of course, is Harford’s latest book, which I quite enjoyed reading and recommend to your attention.

June 8, 2011

New tactic on delinquent student loans: SWAT teams

Filed under: Education, Law, Liberty, USA — Tags: , , , — Nicholas @ 12:32

Thinking about getting behind on paying back your student loan? Think again:

Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday.

“I look out of my window and I see 15 police officers,” Wright said.

Wright came downstairs in his boxer shorts as a S.W.A.T team barged through his front door. Wright said an officer grabbed him by the neck and led him outside on his front lawn.

After the public humiliation, he was then handcuffed and chucked into the back of a police car for 6 hours, along with his three young children. He’ll think twice before getting behind on his student loans, right?

Perhaps not: they weren’t even his loans: the SWAT team was looking for his estranged wife.

June 7, 2011

QotD: The Bill of Rights on federal government property

Filed under: Government, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 09:36

Friends,

There’s been a hassle on FaceBook about what civilians and cops can or can’t do on “government property”, with some saying the Bill of Rights doesn’t apply there. I wrote this in response:

A little civics lesson, gentlemen, if you will allow me. The Bill of Rights is misnamed. It is not a list of things we are “allowed” to do, it is a list of things that government is not allowed to do, principally to trespass against certain natural liberties that are ours simply by virtue of our having been born.

The Bill of rights, therefore, is actively in force any time, any place that there are human beings. If it were metaphysically possible (it is not) it would apply even more on so-called government property than anyplace else, since it is specifically government that is constrained by it.

Moreover, since it is not just Americans who are human beings (contrary to what many seem to believe) it puts a whole new face on the legality — or illegality — of war, and in particular the treatment being accorded to the political prisoners at Guantanamo and similar places.

L. Neil Smith, “Letters to the Editor”, Libertarian Enterprise, 2011-06-05.

June 6, 2011

Colour footage of D-Day, 1944

Filed under: Britain, Cancon, France, Germany, History, Military, USA, WW2 — Tags: — Nicholas @ 17:25

H/T to Nick Gillespie for the link.

Further extending the powers of the “Imperial Presidency”

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 16:51

All that’s left is to start posting proscription lists and calling him “Father of his country” and getting his Secret Service detail to carry fasces1:

Let’s leave aside whether your position on bombing Libya while leading NATO from behind has anything to do with hawk or dove status. You don’t need to be the real Bob Taft or Bob Dole to start muttering about “Democrat wars.”

It’s a sad day for the Republic when insisting that the president actually, you know, get an authorization of force as kinda sorta suggested by the Constitution is seen as akin to open rebellion or creating a fifth column. What is this, Star Wars? Rome? As Tim Cavanaugh and that other super-peacenik outfit, the Washington Times, point out, between Kucinich’s and Boehner’s all-too-timid requests, three-quarters of the House of Representatives have expressed dissatisfaction when it comes to how Obama is deploying troops. The only real question is when Congress is going to take the advice of good ol’ Sharron Angle and man up already and start playing its actual role as a counterweight to an imperial presidency that has never served the nation any good.

1 The fasces were bundles of rods wrapped around an axe carried by Roman lictors who accompanied magistrates in Republican Rome. They represented the ability of the magistrate to dispense low justice (the rods, symbolizing corporal punishment) and high justice (the axe for capital punishment). The symbol was adopted by other nations and political movements after the fall of the empire.

Tyler Cowen discusses “The Great Stagnation”

Filed under: Economics, History, Science, Technology, USA — Tags: , , — Nicholas @ 14:13

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