Categories
Accountability crime and punishment

Judge by the Results

The law exists to ensure responsibility. When someone does wrong, the police and courts are here to correct for the lapses and crimes.

That’s how law “holds us responsible” for our actions.

The War on Drugs is fought, it has been argued, because recreational drug use makes people irresponsible. So police and courts must punish, etc., etc.

But Theory must be judged not on intent, but on results.

Which are too often atrocious.

When I wrote about Bounkham “Bou-Bou” Phonesavanh before — a toddler horribly maimed and almost killed by an incendiary during a completely fruitless drug raid on a home full of innocents — I identified the War on Drugs as the root problem: “Waging that war permits endless ‘botched raids’ like the one that almost killed Bou Bou,” I wrote last February. “So long as such invasions remain a standard means of trying to catch dealers with their stash — indeed, so long as the War on Drugs is being waged at all — innocent persons will always be needlessly at risk. . . .”

Now that the trial is over and the family has been rewarded not quite a million bucks in recompense, we can see, clearly, what’s wrong here.

Irresponsibility.

The police who did the foul deed? Unrepentant in court, offering bizarre excuses. What the police assailants claimed, the Pro Libertate blog summarized, “is that while he was sleeping, Baby Bou-Bou ambushed them.” An overstatement? Perhaps — but very slight.

Meanwhile, who pays? The taxpayers. Not the guilty cops.

If we continue to allow this “war” we will continue getting unaccountable policing and the tragedies that necessarily result.

In a word: irresponsibility.

This is Common Sense. I’m Paul Jacob.


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Drug war results

 

Categories
ballot access initiative, referendum, and recall national politics & policies

Anti-Democratic Republicans?

The Republican Party of Ohio paid lawyers $300,000 to keep a competitor off the ballot.

Typical two-party corruption. We can blame the party, yes — but also blame the system.

A “two-party system” is, mathematicians tell us, the logical result of simple plurality/winner-takes-all elections. That is, when the first candidate “past the post” wins enough votes to best any other, that candidate wins.

When you count votes like this, two parties emerge to dominate.

But to really rule the roost, those parties are incentivized to pile on . . . to make it hard for “minor-party” challengers. Ballot access becomes a nasty business.

Last year Charlie Earl ran for the governorship of Ohio as a Libertarian Party candidate. But he was blocked from the ballot. And when the Ohio LP “filed a federal lawsuit to try to force Earl’s name on the ballot,” Ohio Republican Party Chair Matt Borges testified that his party had nothing to do with the legal maneuvers involved.

As Borges put it at the time, “Anyone who’s looking for the conspiracy behind it — it’s just not there.”

Now, it turns out, the conspiracy was there. His party paid the bills.

Whether Borges was lying or not — maybe he was clueless about these shenanigans — the deed got done.

More important than whether Borges himself can be held culpable for the ballot-access conspiracy, it’s the system that encourages such anti-democratic nonsense that needs changing. First-past-the-post elections must go. There are alternatives, as my friends at FairVote.org champion.

As Ohio GOP leaders stand shame-faced with the evidence of evildoing, it’s time to press such reforms.

This is Common Sense. I’m Paul Jacob.


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2 Party Lockout

 

Categories
general freedom national politics & policies

Promises of Murder

Senator Lindsay Graham kills me.

The hawkish Republican from South Carolina isn’t exactly standing up for limited government. His latest oration, on the presidential stump in Iowa, warned Americans far and wide that, were he sitting in the White House with his finger poised above The Button and “you’re thinking about joining al-Qaeda or ISIL [Islamic State] — anybody thinking about that? — I’m not gonna call a judge.”

Adding mucho macho-flash: “I’m gonna call a drone and we will kill you.”

Like you, it never crossed my mind to join either the Islamic State or al-Qaeda. So, a big “meh,” eh?

Neh.

The attacks on civil liberties, committed under the cover of fighting terrorism, must end. I hope that Section 215 of the ridiculously-named USA Patriot Act will expire. I also want to halt the secret, process-less, law-less, global drone-strike program.

And I don’t think I am asking too much for the next president to not regularly threaten audiences with wider, more gleeful and less accountable use of drones.

Remember, Sen. Graham said “thinking about.”

Even with the NSA tracking our every key-stroke, government could still make a mistake about what we’re thinking.

Moreover, even if you disagree with me — perhaps wanting the War on Terror to be fought with more fury — it still seems counter-productive for the wannabe POTUS: (a) to imply that Americans must be bullied out of joining the latest jihadist gang in the Middle East and (b) to suggest the Prez has the dictatorial power to summarily execute an American on the mere suspicion of a thought crime.

Graham, president? Don’t die laughing.

This is Common Sense. I’m Paul Jacob.


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Thought Crimes

 

Categories
general freedom

Rauner on a Roll

Last week I came not to bury a newly elected chief executive but to praise him — for not merely paying lip service to term limits, but for in fact making the passage of state legislative term limits a high-priority, line-in-the-sand policy goal.

I refer, of course, to Illinois’s new governor, Bruce Rauner.

Another controversy catching my attention pertains to union-bullying. Governor Rauner hopes to stop public-employee unions from extracting dues from the unwilling. These “fair share” dues are spent on bargaining strategies or political causes with which the dues-payer may be wholly unsympathetic. Why should workers be compelled to part with part of their income to support activities they don’t consider beneficial?

Rauner is using both an executive order and a lawsuit to try to outlaw coercive unionizing of public employees. (He has also acted to liberate private-sector employees from unions.) The order declares that dues may no longer be extracted from unwilling non-members. The complementary lawsuit is a preemptive bid to get the order judicially sanctioned as legal.

Governor Rauner is not a union member. He therefore lacks standing in the lawsuit, so three public union members have joined as plaintiffs. Representing them is Jacob Huebert, an attorney with the Liberty Justice Center (and author of the book Libertarianism Today).

Again, I say: Yes!

To be sure, I wouldn’t endorse everything that Rauner is saying or doing, even on issues where we’re simpatico. But when you’re right, you’re right. Good going, Governor.

This is Common Sense. I’m Paul Jacob.


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Labor Unions

 

Categories
crime and punishment folly general freedom tax policy

Thieves Caught, Return Loot

Lyndon McLellan, a convenience store owner, was robbed. The marauders took $107,000 of his honestly earned money.

We don’t need the police to find out who did it (and no, the police themselves are not the culprit, not this time). The IRS took the money, suspecting that he “structured” his bank deposits to avoid reporting requirements. McLellan’s niece, responsible for making deposits, had followed a teller’s (bad) advice to deposit the money in such a way as to avoid paperwork. The IRS noticed the “too small” deposits and looted the account despite having no indication that the funds were ill-gotten.

“It took me 13 years to save that much money,” McLellan says, “and it took fewer than 13 seconds for the government to take it away.”

This, even though the IRS had recently promised not to summarily nab account contents solely for alleged “structuring.”

At first, the government offered to settle with McLellan by returning one half the money, their standard (and outrageous) offer in such cases. But neither McLellan nor the Institute for Justice — the champions of property rights helping him with the case — accepted the government’s “deal.”

Last week, the IRS dropped the case and agreed to return their booty. But only the principal. No interest, no attorney fees (for McLellan’s first lawyer), none of the $19,000 McLellan paid an accountant to prove his innocence.

IJ will continue to litigate. We can hope that the IRS will continue to lose.

This is Common Sense. I’m Paul Jacob.


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Thieve's Loot

 

Categories
crime and punishment general freedom too much government

The Right to Ignore Leviathan

Charles Murray, author of Losing Ground and other controversial books, has a suggestion. For business people. Pillars of the community. Fine, upstanding citizens.

Civil disobedience.

He’s suggesting, says John Stossel, that we ignore the parts of government that don’t make any sense, all the nonsense in the big books of the regulatory state.

Murray’s done this in his latest, intriguingly titled book, By the People: Rebuilding Liberty Without Permission. Stossel discusses it on reason.com:

Murray says, correctly, that no ordinary human being — not even a team of lawyers — can ever be sure how to obey the 810 pages of the Sarbanes-Oxley Act, 1,024 pages of the Affordable Care Act or 2,300 pages of Dodd-Frank. 

What if we all stopped trying? The government can’t put everyone in jail.

This is a provocative idea, even if not new.

Henry David Thoreau spent a night in jail for not paying the poll tax, a tax that helped pay for the Mexican war he so despised (and was right to despise). Thoreau eloquently argued for civil disobedience in such cases; Herbert Spencer did something similar, in his 1851 Social Statics, with the chapter “The Right to Ignore the State.”

It is a risky tactic, of course. Thoreau was, after all, incarcerated for that night. You could wind up spending more time in the hoosegow.

Still, it could be worth it. Civil disobedience has good effects. Stossel cites “historian Thaddeus Russell [who] reminds us that many freedoms we take for granted exist not because the government graciously granted liberties to us but because of lawbreakers.”

It’s another path for citizen-initiated reform.

And it’s Common Sense. I’m Paul Jacob.


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Ignore Leviathan

 

Categories
national politics & policies porkbarrel politics too much government

That’s What They Want

The political class sings monotone, striking one note ad nauseam.

The song is “Money.”

One night an Amtrak train crashes, with fatalities; early the next morning a crowded chorus argues for amped-up spending on “infrastructure.”

Sen. Bill Nelson (D-Fla.) pled to the MSNBC lens, “Is it going to take more of these crashes and deaths to wake up the members of Congress who keep wanting to slim down the budgets going into infrastructure?”

Of course, no dollar amount is high enough that, if thrown at the problem, could guarantee no future accidents. Politicians want to toss the maximum moola at it, nonetheless.

Meanwhile, Baltimore smolders — and not because the Orioles won a World Series, but rather at the hands of rioters using protests sparked by the death of a man in police custody as their cover. To many, the tragic events call not so much for justice in court, or enacting law enforcement reforms, but for more “investment” in “urban areas” to solve the persistent problem of urban poverty.

“There’s been no effort to reinvest and rebuild in these communities,” President Obama claims.

Isn’t Obama the country’s head honcho? Did he not make any effort?

That’s funny, because an analysis by the Free Beacon finds that the City of Baltimore raked in $1.8 billion from the 2009 stimulus bill alone.

Doesn’t that count?

“Today, government spends 16 times more . . . than it did when the War on Poverty started,” wrote Robert Rector and Rachel Sheffield in their Heritage Foundation paper, The War on Poverty After 50 Years. “But as welfare spending soared, the decline in poverty came to a grinding halt.”

But why quibble about results?

Just send more money.

This is Common Sense. I’m Paul Jacob.


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More money for infrastructure!

 

Categories
term limits too much government

Is He Serious?

Illinois Gov. Bruce Rauner ran for his state’s highest office while simultaneously spearheading a wildly popular initiative — a proposed constitutional amendment to place state legislators under term limits.

Unfortunately, the amendment was blocked from voters. An appeals court ruled it outside the scope of the state’s initiative process, and the cowardly state supreme court dodged the case.

Meanwhile, Mr. Rauner’s campaign as an outsider — opposed to both Chicago and Springfield political machines — earned him the governorship.

Most politicians would cry crocodile tears for term limits and claim, aw shucks, there’s just no way to get them enacted . . . especially with the Malevolent Monarch, Mr. Michael Madigan, the state’s longest corruption-serving Speaker of the House, as term limits enemy #1.

But Rauner isn’t backing off. “Rauner has at least one non-negotiable item on his wish list for the spring legislative session,” writes Matthew Dietrich of Reboot Illinois in the Huffington Post: “passing legislative term limits.”

Rich Miller of Capitol Fax reports that “Democrats were shocked,” when an “administration official . . . more than implied that if the [term limits] constitutional amendment isn’t passed by May 31st, then the governor would not support any revenue increases to patch next fiscal year’s massive $6 billion hole.”

“Would the governor really threaten to crash the entire government over a term limits bill?” asks Miller . . . answering, “Yep.”

Goodness, Gov. Rauner is absolutely serious about enacting the reform the people of Illinois know is Step 1 in fighting the state’s rampant corruption: term limits.

This is Common Sense. I’m Paul Jacob.


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Gov. Rauner

 

Categories
crime and punishment general freedom government transparency judiciary national politics & policies

Court Vindicates Snowden

Sometimes if you postpone something long enough, someone else will do the job.

Last week, when the U.S. Court of Appeals for the Second Circuit ruled the National Security Agency’s metadata collection program unlawful, I immediately saw it as a vindication of Edward Snowden and his “illegal” leaks.

It will be hard to charge the man with treason for uncovering programs that have been determined, in court, to be themselves treasonous — or at least unconstitutional.

But I was busy last week; didn’t have time to make the case.

Nicely, Noah Feldman made it for me, at Bloomberg View. “This is the most serious blow to date,” writes Feldman in his May 7 article, a blow against “the legacy of the USA Patriot Act and the surveillance overreach that followed 9/11.”

The linkage with Snowden is in no way an imposition on the story:

The first striking thing about the court’s opinion was how openly it relied on Snowden’s revelations of classified material.  The court described how the program was known — by Snowden’s leaks. It also analyzed the NSA order to Verizon, leaked by Snowden, that proved the existence of the program and revealed indirectly the legal reasoning that the government relied on to authorize the metadata collection.

More importantly, Feldman recognizes that the decision rightly breaks “the bad precedent of secret law created by the NSA.”

A republic isn’t a republic if its laws are secret.

Now, of course, it’s time for Americans to cease their procrastination. If we don’t recognize that our government is out of control, no one else’s determination will matter.

Except, perhaps, history’s.

This is Common Sense. I’m Paul Jacob.


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Edward Snowden

 

Categories
crime and punishment responsibility too much government

J’accuse, Chisholm

Shouldn’t we imprison anyone who dares criticize the conduct of abusive public officials?

Panic not. You haven’t slipped through a portal into another dimension.

This is still Common Sense. I’m still Paul Jacob.

Interpret the initial interrogative, above, as my sardonic paraphrase of somebody else’s sentiment — that of a power-abusing official who bemoans any chastisement of his lousy actions. Who even threatens to prosecute persons voicing such criticism.

The man is John Chisholm, a Milwaukee D.A. who intimates that Wisconsin Governor Scott Walker should be investigated for blasting Chisholm’s churlish tactics against political opponents. These tactics include late-night raids motivated solely by political animus. (I’ve reported on these doings.)

Scott Walker told Iowans that “if the government can do that against people of one political persuasion, they can do it against anybody. . . . [I]t was really about people trying to intimidate people . . . [A] political witch hunt.”

Responding, Chisholm suggested, with blunderbuss subtlety, that “the Iowa criminal code, like Wisconsin’s, has provisions for intentionally making false statements intended to harm the reputation of others.”

Chisholm, you bum. You knave. You vile excrescence. Not even you dispute that your office’s raids directed against people like my colleague Eric O’Keefe occurred. Thus, you’ve no hint of a basis for a slander claim. You did the dirty deeds we’re deriding. Cheer and hug you for it, should we? (Eric has sued to block Chisholm’s secretive “John Doe” raids.)

All this does sound like the Twilight Zone. Unfortunately, it’s part of a new normal. Not one we need accept, however.

This is Common Sense. I’m Paul Jacob.


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Crybaby Bully