Category: crime and punishment

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crime and punishment First Amendment rights

Assange: Freedom & Statuary

Julian Assange, freedom of the press, free speech, Wikileaks

Julian Assange, the founder of Wikileaks, has been set free, time served. 

On Monday, presidential candidate Robert F. Kennedy, Jr., called him a “generational hero,” celebrating his release from a decade and a half in confinement, under threat of U.S. prosecution for publishing “hacked documents.” 

Loathed by the American establishment, left and right, Mr. Assange had ruffled feathers of the war machine and then the Democratic Party — the latter for publishing the contents of Hillary Clinton’s infamous email stash. The attempt to get him to America from overseas was a complex (and failed) ordeal that pushed him first into confinement in an Ecuadorian embassy and then placed in a maximum-security London prison.

Assange, who admitted guilt in a plea deal deal, did not agree to set foot on the American continent, so the court hearing took place in a U.S. District Court in Saipan on Tuesday.

“The bad news,” RFK, Jr., went on, “is that he had to plea guilty to conspiracy to obtain and disclose national defense info. Which means the US security state succeeded in criminalizing journalism and extending their jurisdiction globally to non-citizens.”

Empire’s gonna imperialize.

While Mike Pence, the 48th Vice President, fully objected to the plea deal, Representative Thomas Massie (R.-Ky) echoed Kennedy’s sentiments: “My plane landed in DC & I just heard Julian Assange will soon be free due to a deal. His liberation is great news, but it’s a travesty that he’s already spent so much time in jail. Obama, Trump, & Biden should have never pursued this prosecution. Pardon Snowden & Free Ross now.” 

Massie mentions two more persecuted individuals, leaker of unconstitutional NSA secrets, Edward Snowden (hiding from the American empire in Russia) and darknet (“Silk Road”) publisher Ross Ulbricht (a prisoner now in Tucson’s federal penitentiary, sentenced to two life terms).

In a follow-up tweet, Kennedy offered “Next steps,” including erecting “a monument to Assange in Washington as a civics lesson for the American public about the importance of free speech,” pardoning Ed Snowden, and releasing Ross Ulbricht . . . “to show our commitment to transactional freedom.”

That latter commutation has been promised by former president and current Republican candidate Donald Trump. But “transactional freedom” is not exactly the byword of our age.

And statuary is hardly in vogue.

This is Common Sense. I’m Paul Jacob.

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crime and punishment defense & war Second Amendment rights

Brace Yourself & Your Gun

gun, gun brace, 2nd Amendment, gun rights, gun control

Many foes of Second Amendment rights want to outlaw guns for everybody except military, police, Secret Service, sundry federal agencies, and bodyguards for left-leaning celebrities.

Since this isn’t politically feasible given at least intermittent legislative and judicial support for the right to bear arms, anti-gunners often pursue various piecemeal bans. The hope is that these will add up to an overall prohibition. Or at least provide an excuse to go after any particular gun owner for neglecting to comply with some subsidiary prohibition.

The anti-gun forces seemed to have been having some success with an outlawing of “stabilizing braces” on short-barreled rifles. A voluminous ATF rule sought to partially or wholly ban these braces — basically an added pistol grip —  even though the same agency had earlier said such braces were okay. 

And why wouldn’t it be okay to have a pistol brace if it’s okay to have a thing that shoots bullets?

Maybe the idea is that if you’re in a situation where you have to fight for your life using a gun, and a brace would help, trying to survive is okay, sure, but you shouldn’t have too much of a chance to survive. A stabilizing brace might give you an unfair edge? I’m guessing.

In mid-June, the Northern District of Texas tossed this ATF gun-brace-ban rule. Which, according to Judge Reed O’Connor’s decision in the case, Mock v. Garland, is “arbitrary and capricious.” As Shooting News Weekly puts it, “Oof.”

Unlike the similar looking (at least to me) “bump stock,” braces do not change the mechanism of firing. And bump stocks were overturned by the U.S. Supreme Court about the same time. While stabilizing braces seem here to stay, a decision by the Supreme Court may still be required.

This is Common Sense. I’m Paul Jacob.

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crime and punishment free trade & free markets regulation

Natural vs. Regulated

“I don’t need metabolically unhealthy politicians and obese bureaucrats watching out for my health,” The Telegraph quotes an anonymous source. 

The subject? “How milk became the new culture war dividing America,” published on June 22. It’s a “natural” vs. “technological” debate.

“For more than 130 years, Americans have been instructed that drinking milk that comes directly from a cow’s udder can be dangerous,” Tony Diver’s article begins, but how it ends is telling: “‘With respect to the question of food being natural — arsenic is natural,’ Prof Schaffner said.” And so, too, he says, is cyanide. 

“Sharks are natural. Those things can all kill you. So just because something is natural does not mean that it’s safe.’”

That sounds like something I’d say. 

But is it something to say about raw milk?

Consider the historical context. Raw milk and its products have been produced for human consumption for millennia. Of course there are dangers, and pasteurization has done wonders to curb bacteriological infections and death. Still, a lot of people wonder what we’ve lost in the pasteurization process. Nutrition and immune system health, for example. So for decades — perhaps as long as there have been regulations to make pasteurization mandatory — there’s been a “pro-natural” backlash.

On the Nature side, we note that our populations aren’t as healthy as you’d expect from the benevolent tyranny of politicians, regulators, and, uh, “obese bureaucrats.”

So, last week, “the latest bill to repeal an outright ban on raw milk hit the governor’s desk in Louisiana, after similar efforts in West Virginia, Iowa, Georgia and North Dakota.”

If signed into law, Louisianans will be able to purchase raw milk in stores — “albeit with a warning, in capital letters, that it is ‘not for human consumption.’

“Everyone, including the legislators, knows that instruction will be ignored.”

There’s something sickness-inducing about that.

This is Common Sense. I’m Paul Jacob.

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crime and punishment insider corruption international affairs

Hunter’s Pseudo-Crime

Hunter Biden has been found guilty of buying a gun while being a crack addict.

Yes, that’s a federal crime.

The jury “heard testimony from Hunter Biden’s ex-wife and former girlfriends,” UK’s Mirror explained yesterday, “and were shown photos of him with drug paraphernalia and other salacious evidence to make the case that he had lied when he checked ‘no’ on the form at a gun shop asking whether he was ‘an unlawful user of, or addicted to’ drugs.”

While the U.S. President’s son is guilty as charged, the prosecution was almost as bogus as Trump’s.

Rep. Thomas Massie (R-Ky.) put it best, on X: “Hunter might deserve to be in jail for something, but purchasing a gun is not it. There are millions of marijuana users who own guns in this country, and none of them should be in jail for purchasing or possessing a firearm against current laws.”

Elon Musk, who owns X (ex-Twitter), concurred: “I agree. He (and others) should be in jail for impugning the integrity of the United States by taking bribes for political favors, but not for this pseudo-crime.”

But pseudo-crimes are what the Department of Justice, and your local lawfare Democratic prosecutors, specialize in. 

“They picked the gun charge because it was the only one not attached to Joe Biden,” explained Natalie F. Danelishen. “They also convicted Hunter Biden because they needed a fall guy so that Trump’s 34 felonies look less like political prosecution. Now ‘Justice’ seems fair. It’s a chess game.”

Exactly. No matter what the president says, or Merrick Garland says, or the talking heads on cable news say, it’s a scam.

Set Hunter free — and prosecute him, his uncle and his father for their evident corruption.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom

Doxxing Dissent

free speech, First Amendment, anonymous, anonymity, freedom

California lawmaker Steve Padilla is apparently indifferent to the speech-enabling virtues of anonymity. The state senator (18th District) has no problem violating the First Amendment rights of persons who conceal their identity the better to speak out.

Padilla is proposing legislation, SB1228, to compel social media companies to compel social media “influencers” who’d rather remain anonymous to identify themselves. A company that fails to comply would risk being penalized.

And I hear it often: why anonymity? Folks should own up to their speech!

But many people have good reasons for remaining anonymous when they publish their views. One is to protect themselves from harassment by private parties. Another is to protect themselves from harassment, or worse, by governments.

Tiffany Donnelly of the Institute for Free Speech observes that the United States has a long history of anonymous political speech.

Investigative journalism “often relies on anonymous sources. Americans use social media to express political opinions that might cause them to lose their jobs. Political dissidents who fled to the U.S. to escape tyrannical governments use social media to speak out against those repressive regimes.”

Once social media companies collect the ID data, then what?

Perhaps the information is supposed to just sit in the companies’ computers. But once it becomes known that certain anonymous but controversial writers are being forced to supply personal information, this information becomes a target — for hackers, state governments hiring hackers, disgruntled moderators who may decide to “out” the commentators they dislike.

The bill won’t stop “misinformation,” but it will discourage discourse. 

Specifically, dissent.

It’s this bill that should be stopped.

This is Common Sense. I’m Paul Jacob.

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crime and punishment election law partisanship

Threshold Crossed

Donald Trump, indictments, convictions, law, court, judge

We’ve seen many sad days for our republic. But now the country has crossed a certain horrible threshold of banana-republic-hood.

Guided by a corrupt judge, a New York City jury has found former President Trump guilty of all 34 of the District Attorney Alvin Bragg’s bogus charges. Something or other to do with Stormy Daniels, an alleged affair, paying off an extortionist, federal election laws, and bookkeeping.

With Trump targeted by so many show trials launched solely to punish his ascendancy and prevent his reelection, chances were that at least one of these elephantine efforts would extract a conviction. Even people lousy at darts hit the dartboard sooner or later if they throw a thousand darts.

As Katie Pavlich notes, during the trial prosecutors didn’t “focus on proving the fraud charges” but on “hush-money payments” and “irrelevant salacious details of an alleged affair.” Who needs a definable crime when Being Trump is crime enough?

The verdict made one reader at Instapundit “realize just how dependent the Democrats have become on appearing legitimate. Where there is no substance, form must take precedence. [So we’re] offered oppression as ‘democracy’ and Stalinist show trials as ‘justice.’”

There are so many irregularities in the charges and the conduct of the trial that the verdict is bound to be overturned on appeal.

By some court. Somewhere. No?

But the damage has been done. The worst politicos and operators are now high-fiving each other, little caring about implications and long-range effects. As if they cannot see the next step. 

As if they cannot see they are behaving like the caciques of a banana dictatorship.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment general freedom

Vindication at the Gym

gym, covid, lockdown, quarantine

Crime: functioning.

In July 2020, police in Bellmawr, New Jersey arrested Ian Smith and Frank Trumbetti, owners of Atilis Gym, for resisting tyranny. A few months earlier, they had defied lockdown orders imposed by the administration of Democratic Governor Phil Murphy by reopening their business.

Smith contended that the lockdown mandates were unconstitutional and especially harmed small businesses.

We all remember how certain “essential” businesses, often larger ones, were allowed to function in lockdown regimes that compelled smaller, “nonessential” operations to close. Some states enforced such mandates more vigorously than others.

The arrest was a major production, complete with handcuffs, as if the gym owners were finally-cornered mob bosses. The iansmithfitness Twitter account posted a video of the arrest, along with a message: “Welcome to America 2020, where feeding your family and standing up for your Constitutional rights is illegal.”

Murphy also seized the gym’s assets: $165,000, “done in the middle of ongoing litigation defending ourself against these, our 80 charges, the revocation of our business license. . . . This was never about protection, it was always about control.”

Smith and Trumbetti have been fighting the injustice all these years. Apparently, New Jersey officials could not see their way to dropping their pseudo-case voluntarily and providing an apology, maybe even restitution.

Now, in May 2024, almost four years later, all charges and summonses have been dismissed. But the gym has not recovered the $269,000 in fines and court costs it’s had to pay out.

That’s a crime. And dysfunctional.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights national politics & policies

Bills of Suppression

censorship, misinformation, disinformation, surveillance

In 2021, Democrats took aim at persons who donate to Democrats’ opponents with legislation called the For the People Act, which Republicans successfully blocked.

Back then, Bradley Smith, chairman of Institute for Free Speech, observed that the legislation aimed to violate the rights of groups “who do nothing more than speak about policy issues before Congress.” It would also have limited political speech on the web.

Now the bill is being resurrected as two separate pieces of legislation, each with language purporting to counter the purported threat of artificial intelligence. They are the Protect Elections from Deceptive AI Act and the AI Transparency in Elections Act.

Some Republicans seem to be buying into the resuscitated anti-speech agenda, even though the legislation incorporates many proposals — even much of the same language — from the earlier bill. Again, says Smith, the goal is to expose conservative donors to “to harassment and boycotts.” Also to outlaw content called “materially deceptive content” as judged by a “reasonable person.” 

Of course, “reasonable persons” can and do disagree about the meaning of various speech and whether it’s “deceptive.” It’s reasonable to assume that the legislation, if enacted, will be used against speech that enforcers happen to disagree with.

As for actually deceptive speech: all manner of jabberwocky is protected by the First Amendment unless uttered to rob or defraud someone. If I tell you the moon is green cheese and you believe it, that may be sad. But I haven’t picked your pocket . . . or made you eat lunar cheese.

This is Common Sense. I’m Paul Jacob.

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crime and punishment media and media people partisanship

So Low

Fareed, Trump

“I have to admit: none of this is playing out like I thought it would,” Fareed Zakaria told viewers of his CNN program last weekend.

“Trump is now leading in almost all the swing states,” Zakaria noted, adding that he is “someone worried about the prospects of a second Trump term.”

The host’s opening monologue on Fareed Zakaria: GPS went on, complaining that, “The trials against [Trump] keep him in the spotlight, infuriate his base — who see him as a martyr and even may serve to make him the object of some sympathy among people in general who believe that his prosecutors are politically motivated.”

Leave it to the Democrats to turn Mr. Trump into a sympathetic figure . . . with Zakaria then agreeing that these prosecutions are politically motivated.

“This happens to be true, in my opinion. I doubt the New York indictment would have been brought against a defendant whose name was not Donald Trump.”

And Fareed is not alone, even at CNN, where Elie Honig also acknowledged that, had the prosecution been brought in a less rabidly Democrat area than New York City, “there’s no chance of a conviction.”

No statement is more compelling in a court of law than what is known as a statement against interest, the admission of facts that do not serve the person so conceding or that person’s side. That’s what we now witness . . . as even CNN commentators recognize that the former president is being politically railroaded.

No one is above the law. That phrase loses some punch, however, when “the law” sinks so low.

This is Common Sense. I’m Paul Jacob.

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ATF’s 115-Year Mistake

mistaken identity, prison, guns

“Oops. Sorry about almost sending you away for 115 years. Case of mistaken identity and dishonest testimony.”

But Bryan Montiea Wilson did not get even a “sorry” from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or local law enforcement.

Wilson, who works for a railroad equipment manufacturer, had never been arrested when ATF agents nabbed him in December 2023. Accused of gun and drug sales to local police officers said to be working with the ATF, Wilson could only repeatedly assert his innocence.

His looming punishment included up to 115 years in prison and millions in fines. Then, suddenly, he was released.

How did Wilson wind up being falsely accused? The Truth About Guns site reports that prosecutors realized their blunder after his court-appointed lawyer investigated. But an uninformative request to dismiss the case is all ATF offered.

“Further review . . . reveals that the interests of justice would best be served by a dismissal of the pending charges as opposed to further prosecution. . . . The Government respectfully requests that the Court dismiss the pending charges against defendant Bryan Montiea Wilson.”

I guess we can thank the prosecutors for mentioning “justice.” But there should at least be an accounting in such cases; and this accounting, plus further consequences, should be mandatory.

“Something got messed up and they landed on me,” Wilson says. “I don’t know how this happened, but it can’t happen again. It shouldn’t happen again.”

Wilson has filed a federal civil rights lawsuit.

This is Common Sense. I’m Paul Jacob.

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