Category: crime and punishment

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Accountability crime and punishment folly local leaders media and media people national politics & policies responsibility

The Early Vote Worm

Greg Gianforte, Montana, U.S. House of Representatives, Congress, elections, voting, democracy, media

Last week was consequential for Greg Gianforte. Awfully.

The Republican businessman won the special election for Montana’s lone seat in the U.S. House of Representatives. He also body-slammed a reporter. He now faces misdemeanor assault charges.

For which Gianforte apologized publicly . . . as he was declaring victory. Welcome to modern American politics.

Democrats claimed victory, nonetheless — with media cover to boot. “Republicans’ 7-point win in last night’s Montana election is great news for Democrats,” the progressive Vox headlined their report.

At Townhall.com on Sunday, I explained why that claim misses both the forest and the trees. Yes, Trump won Montana by 20 percentage points against Hillary Clinton’s mere 35.4 percent back in November, while Gianforte won last week by only 7 points. But Trump was lucky to be opposed by a very unpopular Hillary.

Moreover, at that same election wherein Trump trounced Secretary Clinton, Gianforte lost the governor’s race to a Democrat. Indeed, Gianforte performed 11 points better last week than back in November — winning, instead of losing.

How does that show Republican support slipping?

The message from the Montana special election is that early voting periods are far too long. Montana’s early voting began nearly four weeks before Election Day. The assault by Gianforte, with criminal charges, hardly mattered, because roughly two-thirds of Montanans had already voted when it occurred.*

Rather than a nearly month-long process, whereby a candidate can bank a majority of the vote before the campaign is over, let’s make Election Day a three or five-day period. Make it easy to vote, but let’s all vote together, with the same information.  

This is Common Sense. I’m Paul Jacob.

 

* This means not only that Gianforte may have “gotten away” with his violent outburst, but that those voters did not have time to adequately appraise Gianforte on information they would have possessed and been able to act upon, with a shorter voting period.

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Accountability crime and punishment government transparency moral hazard national politics & policies U.S. Constitution

Feckless, Indeed

House Oversight Committee, Jason Chaffetz, Justice Department, information, Congress, Executive Branch, Legislative Branch, checks and balances, secret, secrets

Last night, House Oversight Committee Chairman Jason Chaffetz (R-Utah) appeared on Fox News’ Tucker Carlson Tonight, where Chaffetz was asked how he would know if the Justice Department fully complied with subpoenas issued by his committee for documents.

“Look, we have a storied and horrific background on this,” explained the Utah representative, retiring after this, his fifth term in Congress. “You can go from everything from Fast and Furious to the Benghazi investigation, email, IRS, anything pretty much over the last eight years, which I’ve served in Congress, and I don’t believe we ever got a full production out of the Department of Justice or the State Department.”*

“I can issue a subpoena unilaterally. It’s part of my constitutional responsibility to provide that check and balance,” argued Chaffetz. “But that subpoena is only as strong as its ability to be enforced.”

Problem? Enforcement requires Congress to work through the DOJ, part of the executive branch. Tricky . . . when the Department of Justice** itself is being subpoenaed.

“You’ve seen, for instance, Judicial Watch,” Rep. Chaffetz noted. “Tom Fitton has much more power using a Freedom of Information Act, because he can get to the courts and the courts can force them.”

“The Department of Justice is afraid of a court; they’re not afraid of Congress.”

He added, “And we don’t use the power of our purse; we don’t beat it over their head and we don’t enforce it. And so it’s somewhat feckless, and it’s very frustrating as somebody who is chairman of the oversight committee.”

“Congress should have an expedited way to get to the courts to enforce those subpoenas,” Chaffetz offered.

Why, then, doesn’t Congress enact such a process?

This is Common Sense. I’m Paul Jacob.

 

* “And that continues, by the way,” Chaffetz added. “One of my frustrations, with all due respect to the Trump administration, is that they have not loosened up the documents that we have been requesting for years.”

** Or, for that matter, any another executive branch agency.

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Accountability crime and punishment incumbents local leaders national politics & policies term limits

One Incumbent Falls

U.S. Rep. Corrine Brown, corruption, term limits

When former U.S. Rep. Corrine Brown (D-Fla.) was indicted last July on 24 felony counts of fraud and obstruction, she suggested that if the FBI hadn’t wasted time investigating her for milking a charity for personal gain, they might have prevented the Orlando massacre.

“These are the same agents that was not able to do a thorough investigation of [Pulse nightclub shooter Omar Mateen],” Brown screeched at reporters, “and we ended up with 50 people dead.”

Last week, the former congresswoman* was convicted of 18 felonies related to fraudulently raising $800,000 for the One Door for Education Foundation, which only spent $1,200 on two small college scholarships — 0.0015 of what was raised . . . for college scholarships.

As the Feds put it, Congresswoman Brown and her congressional chief of staff “used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that [her chief of staff] made to Brown’s personal bank accounts.”

Hundreds of thousands of dollars were spent on “events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area.”

The 70-year-old Brown spent nearly a quarter of a century in Congress. Now she awaits sentencing to as many as 277 years in prison — a quarter of a millennia.

It’s yet another good argument for term limits.

This is Common Sense. I’m Paul Jacob.

 

* As I explained in greater detail at Townhall, out of 435 congressional seats up for election in 2016, Congresswoman Brown was one of only five incumbents defeated in the 2016 primary elections. Two of the five defeated — Brown and Rep. Chaka Fattah (D-Penn.) — faced multiple-count felony indictments. Two others were victims of redistricting that pushed them into new districts. Only one incumbent who was un-indicted and running in an incumbent district was defeated.

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Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

Oregon, traffic light, license, licensing, government, regulations, engineer

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river.

Oregon remains treacherous.

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine.

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration . . . at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ . . . create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time.

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court.

This is Common Sense. I’m Paul Jacob.

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Photograph by Tom Godber on Flickr

 

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crime and punishment First Amendment rights general freedom ideological culture moral hazard national politics & policies Regulating Protest U.S. Constitution

Thorns in the Parade

Portland, rose, parade, protest, violence, AntiFa, BAMN, free speech, censorship

Portland, Oregon, styles itself as “The City of Roses.” For over a century, this Pacific Northwest city has held an annual Rose Festival, complete with multiple parades.

This year, there will be at least one parade less.

“The annual 82nd Avenue Rose Parade and Carnival scheduled for Saturday have been canceled because of threats against the Multnomah County Republican Party, a longtime participant in the parade,” we learn from the Portland Tribune. “In a Tuesday afternoon email, the 82 Avenue Business Association, which sponsors the Rose Festival-sanctioned event, said it canceled the entire event because [it] could not guarantee the safety of the community.”

KOIN-6 News reported that the threats came from the Direct Action Alliance, an “antifa”-styled group that “created a Facebook event called ‘Defend Portland from Fascists at the Avenue of Roses Parade.’ The group wanted to disrupt the march because of ‘Nazis and fascists’ participating.”

Now, what you regard as “white supremacist” and what young pseudo-antifascists think of as “white supremacy” are probably very different. I doubt that many real Nazis and fascists would have marched on Saturday.

But the identification issue is irrelevant. If fascists want to peacefully parade, let them.

What is objectionable? Those who engage in violence to suppress views of which they disapprove.

Also objectionable? The organizers and the City of Roses police, who, by caving in, let free speech and assembly be squelched.

Spontaneous marches did occur on parade day, corralled to the left and right sides of the street. Literally and figuratively. Three violent activists were arrested but not identified by affiliation.

Portlanders used to worry that the clouds would rain on their parades. Now, it is ideological violence casting a dark shadow.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment moral hazard nannyism national politics & policies property rights too much government

What’s Being Forfeited

asset forfeiture, banks, banking, IRS,TIGTA, Bank Secrecy Act

What do you call those who prey upon the innocent, illegally snatching their money?

Thieves? Muggers? The Mob?

Government.

Last month, the Treasury Inspector General for Tax Administration (TIGTA) issued a report on the Internal Revenue Service’s use of civil asset forfeiture against Americans accused — well, not accused . . . more like suspected . . . well, not actually suspected of doing anything wrong, but willy-nilly deemed guilty without charge, judge, jury or conviction — of “structuring.” That’s depositing less than $10,000 in cash into a bank to avoid all the paperwork demanded by the United States Congress at that amount.

Congress passed the Bank Secrecy Act, making structuring illegal, supposedly to trip up drug traffickers and money-launderers. But that is obviously a ruse, as the TIGTA report makes abundantly clear. The IRS is simply snatching money — they won’t tell us how much — right out of individuals’ and businesses’ bank accounts.

Pity the cash-oriented business that doesn’t accumulate at least $10,000 to deposit.

The TIGTA report highlights that an incredible 91 percent of the time, the IRS acted “against individuals and businesses whose income was legally obtained,” and whom the IRS did not suspect of criminal activity. Also, through the IRS’s process of thievery “the rights of some individuals and businesses were compromised.”

Why is the IRS using the law to pilfer from the innocent, instead of the guilty?

As I explained Sunday at Townhall.com, it is easier and more profitable to make “quick hits” against innocent businesses rather than devious criminals.

When those responsible for protecting the innocent from criminals, instead, illegally twist the law to victimize the innocent, it’s called tyranny. And what is forfeited is much more valuable than mere money.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment government transparency responsibility

Ferguson Finally Wins

Ferguson, body camera, lapel camera, video, vote, election, police

Yesterday, on the 49th anniversary of Martin Luther King’s assassination,* voters in Ferguson, Missouri, passed a charter amendment requiring police to wear body cameras while on duty. The measure also provides the public access to that footage, along with reasonable rules about privacy.

In August 2014, Ferguson came to the nation’s attention — and the world’s — when a black resident was shot and killed by a white policeman. In the aftermath, the nation witnessed a militarized police response to senseless riots that destroyed 17 local businesses.

People there and across the country jumped to fact-free conclusions about who was at fault: the deceased Michael Brown or the policeman, Officer Darren Wilson.

“If there’s one thing that I think everybody in Ferguson would agree on, it’s that we’d like to have a video of what happened on Canfield Drive back in August of 2014,” remarked ballot measure proponent Nick Kasoff.** “If we had that, Ferguson wouldn’t be a hashtag. It would be just another quiet suburb of St. Louis.”

Police began wearing body cameras after the Michael Brown shooting, and the consent decree the city reached with the Department of Justice set some useful parameters. But the rules in the just-enacted charter amendment go much further to guarantee the public access to the video.

Not to mention that just this week, Attorney General Jeff Sessions announced a review of all such consent decrees nationwide. Without yesterday’s victory at the ballot box, the police cams policy might simply be abandoned.

Not now. The voters have spoken, 71 to 29 percent.

Spurred by Ferguson, there’s been a ton of talk about reforming criminal justice in recent years. But I like action a whole lot better.

This is Common Sense. I’m Paul Jacob.

 

* Yesterday also reminds me of 1984, George Orwell’s classic dystopian novel, because the book’s protagonist Winston Smith begins his diary on April 4, 1984.

It’s my favorite book, and has enjoyed quite a surge in sales since last November’s election. Yesterday, the movie was shown in nearly 200 theaters in the U.S., the U.K., Canada, Croatia and Sweden.  

** Nick Kasoff led the six-resident committee that drafted and petitioned the measure onto the city ballot, with assistance from Liberty Initiative Fund (LIFe). Regular readers may remember that LIFe is where I have my day job — and that without contributions like yours, fewer successful measures like this Ferguson body camera initiative get off the ground.

 

More on the issue

Townhall: “Finding Ferguson”

Townhall: “First Step for Ferguson”

USA Today: “Ferguson residents push for body cameras”

Townhall: “The Citizens Are In Session”

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Accountability crime and punishment free trade & free markets general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies property rights

Good and Bad News

Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

On the issue of “civil asset forfeiture” — police seizing property from folks merely on suspicion, without a criminal conviction — there is good news.

In Idaho, House Bill 202a just passed both legislative chambers overwhelmingly. “Among other changes, HB 202a would no longer allow civil forfeiture of the vehicle of a person who merely possessed a controlled substance,” explained a Spokesman Review report, “without using the vehicle in connection with trafficking offenses or obtaining it with drug-trafficking proceeds. . . .” It also puts off the table “property that’s merely in proximity to illegal drugs” and the mere possession of cash.*

Legislation is moving forward in Arizona, too. House Bill 2477 passed to the Senate Judiciary Committee last week — which unanimously cleared it despite what the Arizona Republic called “strong opposition from . . . primarily people representing law-enforcement and prosecutors’ groups that benefit from the funds.”

The bill heightens the standard of proof required for making seizures stick from “preponderance of the evidence” to “clear and convincing evidence.” HB 2477 also increases reporting requirements, and creates a process police must follow to spend seized funds.

Unfortunately, there is also bad news.

Even with the new Idaho law and the enaction of the Arizona legislation, police in both states will continue to take people’s stuff without a criminal conviction. The level of abuse would be diminished, but not ended.

Citizens in both states can and should use the ballot initiative process to end this injustice. In total.

We must restore the bedrock principle of innocent-until-proven-guilty.

This is Common Sense. I’m Paul Jacob.

 

* Other provisions include a court determination on “whether a property seizure is proportionate to the crime alleged,” absolving “innocent owners from having to pay the state’s costs associated with an attempted seizure,” and some required record-keeping.

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Accountability crime and punishment folly general freedom government transparency moral hazard national politics & policies too much government U.S. Constitution

Public Record

body camera, police, abuse, civil rights, obstruction, brutality

Police departments nationwide have begun to outfit their on-duty officers with body cameras. These small recording devices make great sense, so we can better judge police encounters.

And it turns out that not only do police behave better when wearing body cameras, so do the citizens with whom they interact.*

Yet, cameras aren’t magic. They do not work when turned off. And video recorded by police offers little value when tampered with or deleted.

On Monday, the Washington Post ran an in-depth feature about the 2014 fatal shooting of 19-year-old Mary Hawkes by Albuquerque, New Mexico, police, who pursued her for allegedly stealing a truck.

The Post explained that her case “has become a cautionary tale about the potential of new technology to obscure rather than illuminate, especially in situations when police control what is recorded and shown to the public,” raising concern “about whether a nationwide rollout of body cameras is fulfilling promises of greater accountability.”

Six police officers huddled in close proximity to the deadly incident — all wearing body cameras. The officer who shot Ms. Hawkes, however, had his turned off. Footage from three others “showed signs of alterations and a deletion.”

A federal investigation is underway.**

It is now obvious that cameras alone won’t suffice. Rules must require that the cameras be turned on — with consequences for non-compliance. The public needs access to the footage, too.

The Police Cameras for Ferguson initiative*** on the ballot April 4th does exactly that. We need similar legislation in Albuquerque and everywhere else.

This is Common Sense. I’m Paul Jacob.

 

* See Barak Ariel, William A. Farrar, Alex Sutherland, “The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial,” Journal of Quantitative Criminology (September 2015, Volume 31, Issue 3), pp 509–535; reportage on this study can be found here.

** The probe has already revealed that a former Albuquerque police employee has declared, in an affidavit, “it was routine for officials to delete, alter or refuse to release footage because of ‘political calculations.’”

*** Your support is still desperately needed to educate voters in Ferguson, Missouri, about the Police Camera ballot measure. Please help today.

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Accountability crime and punishment folly ideological culture moral hazard nannyism responsibility

Walk on the Wilders Side?

Muslims, Islam, Sharia law, Netherlands, Dutch, Theo Van Gogh, terrorism, immigration, Europe

The Dutch were among the first to witness Islamic extremist violence against free speech. The November 2004 murder of Theo van Gogh by a Dutch citizen of Moroccan descent — a man whose first name, Mohammed, almost no one thinks is merely coincidental — stirred the nation.

And the world.

Van Gogh made a short film, with Somalian émigré Ayaan Hirsi Ali, about the unjust treatment of women in Islamic countries. The film criticizes Islam as well as the Muslim majority countries, and was considered an affront by many Muslims.

After van Gogh’s death, Ms. Ali fled to the United States.

This event is only the most famous of many similar conflicts between free-speech Dutch values and regulated-speech Islamist ones. The fact that the country has anti-blasphemy and anti-insult laws on the books, and these have been directed against a popular politician, has exacerbated the growing antagonism.

That very politician is today’s big news. According to The Atlantic, the “center-right People’s Party (VVD) for Freedom and Democracy is projected to win 24 seats in [today’s] election, slightly ahead of Geert Wilders’s far-right Dutch Freedom Party (PVV), which is expected to gain 22.”**

The Dutch center-left, like similar ruling groups in Britain, Germany, France and Sweden, often seems weak and timid before the rising illiberalism of Islamist terrorism and Sharia law.* Many suspect that the recent decision to block Turkish ministers from speaking at rallies in Holland, before Turkey’s referendum next month, is designed to counter this narrative.

Meanwhile, though Wilders is generally liberal (not “far right”) on most cultural issues, his “de-Islamization” program seeks to close mosques and outlaw the Quran***.

One extreme to another.

This is Common Sense. I’m Paul Jacob.

 

* This is not just a bugaboo. In 2006 the Minister of Justice floated the possibility of incorporating Sharia law into the constitution.

** The projection is within the margin of error, and with mass immigrant Turkish protests taking place over the weekend, the chance of a Trump-like upset is more than possible.

*** Geert Wilders compares the Quran to Adolf Hitler’s Mein Kampf.

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