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Accountability Common Sense local leaders responsibility

The Rule of Want-To

Maryland election workers should definitely not have to wait a full two days after the November 8th General Election to begin processing mailed-​in ballots.

At least, that’s my opinion.

It’s also the view of the Democrat-​controlled General Assembly. 

Plus, it’s the preference of the state’s Republican Governor, as well as what the State Election Board wants to do “[a]fter a primary cycle plagued by long delays arising from counting a surge of mail-​in ballots.”

Accordingly, you might surmise that when the Maryland Court of Appeals recently agreed with a lower court that the Election Board was A‑OK to count mail-​in ballots early, before the election, I would applaud their ruling. 

Instead: the Bronx cheer.

This decision undercuts something much more important than ballot-​counting speed and efficiency. It destroys the rule of law.

There is a constitutional method for repealing or changing laws on the books, and in fact, as The Washington Post explained,“State lawmakers tried to change the law during this year’s legislative session when they passed a bill that would have permanently removed the provision. But, Gov. Larry Hogan ®, who said he supported counting mail-​in ballots early, vetoed the bill, citing other concerns with the legislation.”

Thus, the state’s representative political process spoke, for better or worse. It may be “an outdated law,” as The Post charged, but if it isn’t violating anyone rights, it should not be jettisoned by a judge for the government’s momentary convenience.

Government officials should be required to follow the law, when as here they can, until changed.

Not merely do whatever they want to. 

This is Common Sense. I’m Paul Jacob.


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Accountability defense & war general freedom social media

Pentagon Personae

We think of Facebook and Twitter as platforms for you and me and our fellow citizens to share information and opinions and photos and just plain fun.

But our government agencies are also on those platforms, secretly as well as openly.

And not just for fun and games.

It’s a serious information war out there — with mis- and dis- elements, too — and Facebook and Twitter may be in over their heads.

“The takedowns in recent years by Twitter and Facebook of more than 150 bogus personas and media sites created in the United States,” wrote Ellen Nakashima in the Washington Post in mid-​September, “was disclosed last month by internet researchers Graphika and the Stanford Internet Observatory. While the researchers did not attribute the sham accounts to the U.S. military, two officials familiar with the matter said that U.S. Central Command is among those whose activities are facing scrutiny.”

Ms. Nakashima’s report begins with the big news: “Colin Kahl, the undersecretary of defense for policy, last week instructed the military commands that engage in psychological operations online to provide a full accounting of their activities by next month,” and we are told of a “sweeping audit” to probe how the Pentagon “conducts clandestine information warfare.”

This is largely in response to Facebook and Twitter identifying and removing “fake accounts suspected of being run by the U.S. military in violation of the platforms’ rules.”

Social media companies took down actual U.S. military psy-​op accounts. But it is worth noting that the report does not mention Facebook or Twitter taking down foreign equivalents, though that has happened in the past.

It might be time to reconsider all government activity in social media.

This is Common Sense. I’m Paul Jacob. 


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Accountability First Amendment rights national politics & policies

Repression Pal

No explanation, no warning.

PayPal has closed the account of another innocent customer: UsForThem, a UK organization that has fought to keep schools open during the pandemic.

PayPal also blocked the group’s access to its PayPal balance, thousands of pounds in donations, for 180 days.

According to cofounder Molly Kingsley: “No prior warning or meaningful explanation was given, and despite their saying we could withdraw our remaining balance, we cannot.”

This is, alas, just one of many examples. 

Last year, the Electronic Frontier Foundation reported that PayPal shut down the twenty-​year-​old PayPal account of Larry Brandt, which he had been using to support Tor. Tor is a way of encrypting Internet communications to protect the privacy of users, in part from regimes that repress political opponents.

No explanation, no warning — and, again, the same 180-​day lockdown of funds belonging to the account holder.

At least in its stated intentions, PayPal originated as a radical alternative to establishment ways of doing things. But it now conducts itself in a repressive spirit, routinely hobbling customers whose legal speech or other legal activities it dislikes.

Or perhaps that governments dislike.

Email documents made public during a recent lawsuit in the United States confirm that our own federal government is issuing marching orders to Big Tech firms to repress users who say or do things that government officials dislike. 

The firms are loath to acknowledge such pressure openly, let alone refuse on principle to cooperate. 

This is how the Bill of Rights becomes void: made irrelevant in secret public-​private partnerships.

This is Common Sense. I’m Paul Jacob.


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Accountability First Amendment rights general freedom social media

Facebook, the FBI’s Snitch

All we have is the word of Department of Justice whistleblowers.

They told the New York Post that over the last 19 months, Facebook has been cooperating with the FBI to spy on “private” messages of users “outside the legal process and without probable cause.”

The targets were gun enthusiasts and those who questioned 2020’s election results.

“They [Facebook and the FBI] were looking for conservative right-​wing individuals. None were Antifa types.”

According to the whistleblowers, Facebook flagged allegedly subversive private messages and sent them to the FBI to be studied by agents specializing in domestic terrorism.

Facebook provided the FBI “with private conversations which are protected by the First Amendment without any subpoena.” Subpoenas were then issued to obtain the conversations that Facebook had already revealed to the FBI.

According to one DOJ source: “As soon as a subpoena was requested, within an hour, Facebook sent back gigabytes of data and photos. It was ready to go. They were just waiting for that legal process so they could send it.”

Facebook has issued a denial. The FBI has issued a non-​denial denial.

The allegations might seem very implausible but for the fact that as the November election approaches, the DOJ has been openly targeting Trump allies for claiming “that the vice president and/​or president of the Senate had the authority to reject or choose not to count presidential electors.”

In short, for talking out of turn.

This is Common Sense. I’m Paul Jacob.


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Accountability Thought

James Mill

The government and the people are under a moral necessity of acting together; a free press compels them to bend to one another.

James Mill, The Edinburgh Review, vol. 18 (1811), p. 121.
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Accountability Fourth Amendment rights

Unjust “Investigation”

Can we trust the FBI to stick to the rule of law and defend our rights?

Yesterday I more than suggested that the answer is “No.” 

Adding more fuel to this negative judgment, last week Eric Boehm at Reason told the tale of a Federal Bureau of Investigation raid upon safe deposits. 

“The FBI told a federal magistrate judge that it intended to open hundreds of safe deposit boxes seized during a March 2021 raid in order to inventory the items inside,” Boehm writes, “but new evidence shows that federal agents were plotting all along to use the operation as an opportunity to forfeit cash and other valuables.”

When asked why he robbed banks, Willie Sutton’s response, reportedly, was “that’s where the money is!” He actually didn’t say it, but FBI personnel understand the operative principle all too well … regarding safety deposit boxes. 

Convictions? Hah! 

They seize property on an expected-​revenue-​based rationale.

Since “details regarding the planning and execution of the FBI’s raid of U.S. Private Vaults arenow out in the open,” Boehm goes on to explain, it looks like the FBI has to say bye-​bye to “more than $86 million in cash as well as gold, jewelry, and other valuables from property owners who were suspected of no crimes.”

The plot’s been foiled, it appears, but will the culprits within the FBI be prosecuted?

Seems unlikely.

Truth is, the culture at the FBI has never been good. Barring defunding (which would be politically difficult) perhaps FBI agents should be restricted to just investigation, stripped of their weaponry, forced to rely on state and local lawmen — and perhaps the U.S. Marshals — to make any searches and arrests at all. 

This is Common Sense. I’m Paul Jacob.


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