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Accountability crime and punishment folly government transparency insider corruption national politics & policies

This Too Shall Pass

We are living in what I hope are the latter days of the Watergate Era.

I’m old enough to remember Watergate. The un-making of President Nixon, before our very eyes, informed Americans in a deep and profound way. It led, in part, to the election of Jimmy Carter, often referred to as one of the least effectual presidents. And the Carter presidency led to Ronald Reagan.

While living under Watergate’s dark shadow, not all of us took away the same lesson.

We outsiders learned, once again, that power corrupts.

Insiders, on the other hand, learned something different: never willingly play a part in your side’s unmasking and un-making.

We tend to forget, what with the economic rebound and end of the Cold War, that the Reagan Administration had significant scandals. At the time, Reagan was dubbed the “Teflon President,” because Reagan & Co. figured out how to react: shrug; stall; deny, deny, deny. For this reason, scandal flowed off him, not sticking, as water off a well-oiled duck’s back.

Reagan and the Republicans did not allow what Republicans had allowed in Nixon’s day: there was no turning on one’s own, no (or few) breaking of ranks.

Then, President Bill Clinton took the effrontery of denial and stonewalling to new heights. With great help from fellow Democrats.

And so it goes, even to the present day, with Hillary Clinton carrying on her husband’s tradition. She, the first candidate to run for the presidency while under official investigation by the FBI, just received the current president’s endorsement.

The back-room deal has been made, perhaps? Obama will not allow Hillary to be prosecuted. It would tarnish his legacy.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy property rights

A New Way to Steal

The fight against government theft of private property, through “civil forfeiture,” just got a little harder.

There’s a new technology available: ERAD card scanners.

And the Oklahoma City Police Department’s joint interdiction team has them, and can use the scanners to take money from you without your consent.

What money, in particular? The money you have stored in pre-paid debit cards.

ERAD stands for Electronic Recovery and Access to Data, and the ERAD Group, Inc., stands to make a lot of cash from the technology. Police around the country want to be able to take the funds secured in debit cards. It’s the latest thing in the war against the war against the War on Drugs.

Drug traffickers, we’re told, hide dozens of such cards in vehicles transporting drugs.

It’s not enough that police can, in the course of investigating a crime — without conviction, mind you; indeed, without charges being filed — confiscate the cards themselves.

The police also want to be able to siphon the money out of those cards.

Which leads to corruption. Which is already rife in civil forfeiture usage, as a recent Oklahoma state audit found — missing money, misused funds, that sort of thing.

The cavalier way in which government officials defend expropriation by ERAD scanners is chilling. In an Oklahoma Watch article, reporter Clifford Adcock relates the official explanation: “These cards are cash, not bank accounts. . . . Individuals do not have privacy rights with magnetic stripe cards.” Why not? Because the information on the strip “literally has no purpose other than to be provided to others to read.”

That’s so open to logical criticism you could drive a confiscated truck fleet through it.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly free trade & free markets ideological culture moral hazard nannyism national politics & policies

A Vapor’s Chance in Hell

There is a big difference between government designed to protect our rights and a government tasked with protecting us from ourselves.

You couldn’t find a better example of this than the current Federal Drug Administration and its regulation of vaping.

Vaping is the imbibing of water vapor laced with nicotine and other ingredients. It is designed to replace the smoking of tobacco cigarettes. It is much, much less harmful than smoking. The genius of this innovation is that while it looks a lot like smoking, it involves no smoke. But it does involve inhaling, and blowing out wisps of . . . well, vapor.

It’s safer than smoking because smoking tobacco involves burning organic (and inorganic) matter, which puts tars and other chemical substances into one’s lungs.

But the competing companies that make the product are not allowed to tell us about its advantages.

New regulations of the e-cigarette industry from the FDA prohibit a lot of truth-telling in advertising. “Even if a few companies survive the shakeout caused by the FDA’s onerous regulations,” Jacob Sullum writes in Reason, “they will not be allowed to tell consumers the truth about their products.” It appears that “any intimation that noncombustible, tobacco-free e-cigarettes are safer than the conventional, tobacco-burning kind” places them under a category that simply must “be marketed only with prior approval.”

The legal judgments Sullum quotes will make you sicker . . . than your first cigarette puff.

Paternalistic government designed to save us from our vices ends up blocking us from actually lessening the bad effect of those vices.

Some help.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly ideological culture media and media people national politics & policies

Story, Story, Story

David Brooks has a story to tell you.

His New York Times op-ed, yesterday, “The Danger of Single Story,” builds on a good premise: “each individual life contains a heterogeneous compilation of stories. If you reduce people to one, you’re taking away their humanity.”

Brooks puts a political edge on what otherwise might sound like a lesson in manners with his next sentence: “American politics has always been prone to single storyism — candidates reducing complex issues to simple fables. This year the problem is acute because Donald Trump and Bernie Sanders are the giants of Single Storyism.”

Brooks then asserts that Trump and Sanders share a similar story that they beat to death, “the alien invader story.”

You can see how it applies to Trump, a staunch opponent of illegal immigration. Aliens invade!

But Brooks recognizes that Sanders’s story is about “the evil entity called ‘the banks.’” Not exactly alien. This menace is home-grown.

Then our pundit moves on to issues not in the single-story vein of Trump and Sanders, and how what seem to be opposite stories (incarceration prevents crime; too much incarceration is a moral horror) can both be true.

Crime is low right now, but Brooks devotes most of this putative paean to multiple crime stories. The third Bernie story he takes a bite of, the $15 minimum wage, belies the Single Storyism charge. That is, the point of his essay.

Way to go, sophisticate.

He also draws a complete non sequitur: “Raising the minimum wage to $15 may make sense in rich areas.” Nothing he wrote gives any credibility to that. At best the hike would do nothing.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment education and schooling insider corruption local leaders responsibility

Schooled in Corruption

Michigan’s governor just signed a $49 million emergency funding bill, designed by legislators to keep Detroit’s public schools open.

Open for what?

Will any of that dough actually make it to the classroom, where children might possibly be educated?

Or, as I inquired at Townhall yesterday, is it merely another opening for . . . graft?

Less than a week after the rescue bill, U. S. Attorney Barbara McQuade brought criminal charges against more than a dozen DPS principals and administrators, as well as a vendor of school supplies. Their kickback scheme was simple: school officials received big, fat bribes from the vendor for school supplies that, as the Detroit Free Press put it, “were rarely ever delivered.”

The scam involved at least twelve separate Detroit schools over as long as 13 years. During that time, more than $900,000 was paid in bribes to DPS officials.

The newspaper highlighted how “shocked” teachers were that their principals had been indicted. “It’s pitiful that they’re going after principals who are probably just doing what they need to do even if it might be a little bit unethical in order to provide the students in their schools with the supplies and materials that they need that district and the state should be providing us,” was the excuse one teacher offered.

“A little bit unethical”?

Frankly, the fraud didn’t deliver, but deny “supplies and materials” to students — supplies taxpayers had sacrificed to provide.

This same teacher added that her indicted principal is “always putting students’ interests first. It’s not just rhetoric with her. It’s actual practice.”

Except for the graft.

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly ideological culture responsibility too much government

Pincher, Pinchee

Limited government sports several rationales. The need for it pertains on many levels. One such level we don’t think about enough? This: Not every rights violation warrants calling in the law.

Take the strange case of Breana Evans, 12-year-old assailant, charged with misdemeanor battery.

What did she do?

She pinched the gluteal posterior of a boy she did not know.

Now, pinching the butt-end of strangers is a breach not only of decorum (to the extent that this standard we call “decorum” even exists any more), but of a pinchee’s rights.

Yet it was a mere pinch.

And the boy did not press charges.

The school’s “resource deputy” did not arrest her; she was merely suspended from school.

It would have remained a minor matter (so to speak) had not the boy’s mother “insisted to police that he was the victim of battery, and so they had no choice but to arrest Breana,” as Robby Soave explained over at Reason. “She was Mirandized and put in a patrol car. They took her mugshot and booked her into juvenile detention.”

The escalation of the dispute over carnal rites and personal rights into a matter fit for the police is, it seems to me, a grave result of a sort of cultural hysteria about all sorts of things. The willingness of some adults to push children through our harsh, bureaucratic, and often ruthless criminal justice system is sad to behold.

It is more indecent than a pinch.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment ideological culture moral hazard nannyism national politics & policies too much government

Misleading Metric

Yesterday’s Washington Post clarified how the “gender pay gap” is calculated:

This metric does not take into account the different types of jobs, varying levels of experience and education, or women who lose seniority and promotion opportunities when they leave the workforce temporarily to care for children, which they do in larger numbers than men. Still, it is widely used as a measuring stick.

The Post informed readers that the gap isn’t what it appears, that it doesn’t actually measure discrimination against women. Nonetheless, the paper justifies promoting this misleading statistic with the claim that it is “widely used.”

Sort of a self-fulfilling prophecy.

The Post’s story was sparked by legislation in Maryland to purportedly mandate “equal-pay” between men and women. Yet, the bill specifically authorizes unequal pay for any “bona fide factor other than sex or gender identity.”

It’s already against the law for employers to pay women less for the same job or to deny equal opportunity for advancement. This legislation, on the other hand, seems designed to create full-employment for lawyers. If passed, employees could sue their employer for “assigning work less likely to lead to promotion or future opportunities.”

Sen. Susan Lee, the bill’s sponsor, proclaims that, “Any gap is unequal and unacceptable.”

What about the gender pay gap in the Maryland Legislature? Using the same misleading metric, female legislative employees make less than what males make.

Unacceptable!

So, why don’t legislators fix their own pay discrepancy before they dictate to everyone else?

Or better yet, they could simply stop peddling a divisive non-solution for this dishonestly hyped “problem.”

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom national politics & policies U.S. Constitution

Mr. Most Merciless

Usually, when contemplating the Office of the President of the United States, our cause for complaint is excess of power. Our country was founded on opposition to such centralized power — initially directed against King George III — and the Constitution written, in part, to allow a strong federal government without feeding the beast of Tyranny.

Yet, today, I’m not bemoaning unchecked presidential power. Instead, the opposite: an important presidential power that Mr. Obama lets lie unused.

What is that power?

The executive’s power to pardon, defined in Article II, Section 2 of the U.S. Constitution.

Yesterday, George Lardner Jr., a scholar with the Investigative Reporting Workshop at American University, and Political Science Professor P. S. Ruckman Jr., the editor of the Pardon Power Blog, reported in an op-ed for The Washington Post, that “Obama has a clemency record comparable to the least merciful presidents in history. He has granted just 70 pardons, the lowest mark for any full-term president since John Adams, and 187 commutations of sentence.”

“Obama’s record is all the more deplorable because of assurances that he has made,” argue Lardner and Ruckman, noting that the Department of Justice’s Clemency Project 2014 — designed to provide relief to non-violent drug offenders and announced “to great fanfare” — has “become a bureaucratic disaster.”

With all the injustice found even in the best justice systems, I cannot understand how a compassionate person could ignore this power. Or use it, as President Bill Clinton did, to provide last-minute pardons for cronies and high-rolling campaign contributors.

Have mercy.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress . . . but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.


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