Categories
Accountability crime and punishment government transparency

Impeach IRS Boss Now

Last week National Review reported that Republicans in the U.S. House have long been pondering impeachment of IRS Commissioner John Koskinen for stonewalling about whether Lois Lerner’s emails were lost and irretrievable.

Lerner is the former IRS official who oversaw the obstructing of applications for non-profit status by right-leaning and Tea Party organizations. The timeline that has the GOP considering impeachment of the IRS boss goes like this:

  • March 2014: Koskinen testifies before Congress to the effect that it would take quite a while to retrieve Lois Lerner’s archived emails.
  • June 2014. Koskinen tells Congress (eliciting “audible gasps”) that many of Lerner’s scandal-relevant emails had been lost in a “computer crash.” (What happens when you hit hard drives with hammers. . . .)
  • June 2015. Congress learns from the Treasury Department’s inspector general that IRS wasn’t merely lethargic about finding the emails, and didn’t accidentally lose them to a sweeping Lerner-targeting technical glitch, but actively sought to destroy files “most likely to have contained Lerner’s emails.”

However, investigators have recovered data, including 30,000 Lerner emails, that probably do contain many scandal-related epistles. Which anybody who knows anything about the Internet and servers and backups knows had never been lost to begin with — not prior to specific attempts to lose them.

How many weeks must drag on before Congress does what is necessary? Koskinen strung Congress along for his benefit, not ours — giving him more time only plays into his hands.

Stop procrastinating, Congress. Do it. Now.

This is Common Sense. I’m Paul Jacob.


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Impeach him

 

Categories
crime and punishment national politics & policies too much government

Armed Americans

Scared? “July 4 terrorist attack on U.S. soil a legitimate threat, officials warn” — headlines the Washington Times.

Scared now?

Last weekend on Fox News Sunday, House Homeland Security Committee Chairman Mike McCaul (R-Tx.) expressed his extreme concern that “Syrian and ISIS recruiters can use the Internet at lightning speeds to recruit followers in the United States . . . and then activate them to do whatever they want to do. Whether it’s military installations, law enforcement or possibly a Fourth of July event parade.”

Michael Morell, former CIA deputy director, told CBS This Morning, “I wouldn’t be surprised if we’re sitting here a week from today talking about an attack over the weekend in the United States. That’s how serious this is.”

In the last three weeks, the FBI has arrested ten U.S. citizens allegedly plotting attacks here — in solidarity with the Islamic State.

Just a week ago, I suggested we dump the Department of Homeland Security and start anew, because the DHS bureaucracy is hardly the best way to organize government to stop terrorist attacks.

Yet, no matter how well organized, government cannot possibly stop every act of violence.

While contemplating the Independence Day prospect of lone-wolf lunatics or homicidal decapitators and suicide bombers organized “at lightning speeds,” a thought came to mind: We had better depend on ourselves.

If those who will heed “the siren calls” of the Islamic State do get past Homeland Security and our alphabet quilt of security agencies, let’s do everything we can to make certain they still have to face us, armed Americans.

This is Common Sense. I’m Paul Jacob.


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Terror Warnings

 

Categories
crime and punishment general freedom too much government

Marauding Cops

Policemen who perpetrate acts like those I am about to describe should be imprisoned.

That’s not an anti-police statement, it’s a pro-law-and-order one. Anybody who vandalizes the property of innocent people and pointlessly terrorizes them, whether flashing a badge as prelude or not, should be arrested, prosecuted, convicted and punished.

Santa Ana police raided a medical-marijuana dispensary, a legal business in California. Why? Solely because it lacked a license.

Techdirt.com, which has videos of the raid, suggests that although “having the proper paperwork in place is important” — and it sure seems to be if not-being-raided is also important to you — the shop was in line to get the license. The process had been bogged down by local politics.

Nevertheless, officers on site “treated this lack of proper paperwork like it was the Zeta Cartel operating under its nose. The video captured by the dispensary’s cameras shows heavily-armed cops — some wearing ski masks — smashing through two doors and yelling at the peaceably-assembled customers to lie on the floor.”

We then see the jolly officers sampling the shop’s foodstuffs, playing darts, and ripping cameras off the wall.

They missed a couple. (Hence Techdirt’s extensive video coverage.)

Motive? It seems apparent that they engaged in all this abusive authority-flaunting just because they could.

And there is no real doubt that they knew what they were doing was wrong, and they knew that we would know. That’s why they went for the cameras.

Just like any gang trying to get away with something.

This is Common Sense. I’m Paul Jacob.


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Out of control cops

 

Categories
crime and punishment

Cops as Robbers

If there’s anything that cops should not be, it’s robbers.

By “cops” I mean anyone, including prosecutors, charged with protecting us against criminals. The guardians should not become predators themselves.

Thankfully, these two presumptively opposite categories of men have not become wholly indistinguishable — yet. But every day brings more evidence that we’re skating closer to that abyss.

Consider the police raid on the Michigan home of Ginnifer Hency, whose alleged crime was possession of marijuana with “intent to deliver,” i.e., to use it to assuage her own disease-caused pain, as well as that of others for whom she is a registered caregiver. Hency is fully compliant with all state law. A judge has therefore dismissed the charges wrongly brought against her.

At least one official involved in the case, then, has exhibited the respect for rights and justice that all should be exhibiting.

Good.

But questions remain.

Why was her home raided to begin with? Why was she charged? Why did police use the raid to grab loot, everything from TV sets to her kids’ cell phones and iPads?

And why, after the charges were dismissed, did a prosecutor gloat that he didn’t have to return Hency’s belongings, that “I can still beat you in civil court”?

Actually, we don’t need to know the motives of such thugs to know that they must be stopped.

The Michigan House is considering bills that would make this type of legalized robbery harder.

It should also be punishable.

This is Common Sense. I’m Paul Jacob.


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Police Crooks

 

Categories
crime and punishment

Life in Prison [x 2]?

As I worried, this weekend, about Dr. Annette Bosworth, and her future sentencing for the “felonies” (minor infractions) she committed in South Dakota, others were similarly anguished about Ross Ulbricht.

A judge just gave him two life sentences in prison for setting up the “Dark Web” anonymous trading service “The Silk Road.” He begged for leniency — “just give me my old age,” the 31-years-old pled — but District Judge Katherine Forrest proclaimed “lawlessness must not be tolerated,” judging Ulbricht “no better a person than any other drug dealer.”

According to the BBC, “Prosecutors say that six people who died from overdoses bought drugs via the site and that such untraceable deals earned Ulbricht at least $18m.” This is supposed to make us hate him as a “drug dealer.”

Which he wasn’t. He set up a trading website — albeit a no-tax, black-market one. The actual trades were the responsibility of the traders. Like on eBay. Emptors caveated, knowing what they were doing.

Curiously, his site could only be accessed using software produced by the U. S. government. Using the judge’s rationale, maybe the federal government should be tried?

Some would say that drug overdoses are the responsibility of the drug users — but more to the point, the main factor in illegal drug overdoses remains their illegality. Not given the sunshine of a legit market, actual dosages are hard to manage: producers don’t usually bother with consistency, immune as they are to the reputation aspects of legal markets, not to mention any regulation or tort law influences that affect legal products’ safety.

In reality, those six deaths are more a result of the government than Mr. Ulbricht.

This is Common Sense. I’m Paul Jacob


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Ross Ulbricht

 

Categories
crime and punishment initiative, referendum, and recall

No Part Justice

Dr. Annette Bosworth was convicted last week on twelve felony counts. She now faces as many as 24 years in prison, $48,000 in fines . . . and the likely loss of her medical license.

Her crime? She circulated six nominating petitions to get on the South Dakota ballot in 2014. Thirty-seven people signed — at her medical office and at a Hutterite colony (where she sees patients) — while she was on a medical mission to help typhoon victims in the Philippines.

Dr. Bosworth’s sister was one.

But the affidavit on the petition reads that the circulator must actually witness each person’s signature being affixed. Bosworth should not have signed it.

Hence six counts of perjury and six more, one for each false document filed.

In court, Bosworth testified that her attorney — who legally notarized the petitions — told her she met the legal definition of a circulator.

Last month, I traveled to South Dakota to release a Citizens in Charge Foundation report on this prosecution. One key finding? While the threatened penalty is the most severe any American has ever faced in a petition-related case, Dr. Bosworth submitted signatures of people she knew and who very much did support her. No forgery, no fraud . . . against the voters.

In response, the state’s largest newspaper reported that, “[Attorney General Marty] Jackley said that it’s ‘well understood in state law’ that the offenses Bosworth faces are punishable by probation and not jail time.” Then after her conviction, Jackley suggested a presumption for “either no or limited actual jail time,” adding, “but that presumption can be overcome by a defendant’s conduct.”

Annette Bosworth should be held accountable. But aiming to ruin her life isn’t any part of justice.

This is Common Sense. I’m Paul Jacob.


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Dr. Bosworth

 

Categories
crime and punishment education and schooling folly general freedom too much government

Under Their Thumb

What if police grabbed your children off the street and held them for five hours?

Alexander and Danielle Meitiv of Silver Spring, Maryland, have been investigated three times. First, when their children were discovered playing by themselves in a park a block from their home. The second time when police picked up the kids walking home from a park about a mile away. The third investigation was launched when the Meitiv’s 10-year-old son and 6-year-old daughter were arrested and held for five hours for walking home from a different park.

Nothing came of the first investigation. In the second, CPS originally found the couple guilty of “unsubstantiated neglect.” But last week, the Meitivs received a letter from Maryland’s Child Protective Services (CPS) now ruling out neglect in the second investigation.

Gee whiz, it’s good news. But the Meitivs still have investigation No. 3 to contend with. And CPS remains completely mum on whether the agency’s letter means the Meitivs and other parents can now freely allow their kids to walk to and from public parks and other venues.

Or not.

Can we really live in the “Land of the Free” and our children not be free to walk in public? What kind of freedom is that?

If the Constitution isn’t sufficient to stop police and child welfare [sic] agencies from snatching kids off the street, terrifying them, investigating their parents and threatening to take those children, we need to pass new laws granting children the right to walk down the street . . .

. . . as long as it’s okay with their parents.

This is Common Sense. I’m Paul Jacob.


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Free Range Kids

 

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
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