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Accountability crime and punishment government transparency national politics & policies

The Servers of the Self-Serving

Feel like Charlie Brown? That football . . . yanked away again.

Yesterday, FBI Director James Comey announced he’s not recommending prosecution of former Secretary of State Hillary Clinton, the presumptive Democratic presidential candidate.

“Although there is evidence of potential violations of the statutes regarding the handling of classified information,” Comey stated, “our judgment is that no reasonable prosecutor would bring such a case.” He saw the evidence as not strong enough, “especially regarding intent.”

It doesn’t appear that Mrs. Clinton purposely divulged classified material, though her “intent” in setting up a private server for State Department work was self-centered, and purposely not transparent. She was clearly more concerned with shielding her communications from the U.S. Government and the public, than shielding classified information from the Russians, Chinese, Iranians or ISIS.

While the FBI noted that Clinton and her aides lacked any apparent intent “to violate laws governing the handling of classified information,” the investigation discovered ample “evidence that they were extremely careless in their handling of very sensitive, highly classified information.”

Not a sterling report card for someone seeking to be the commander-in-chief.

Donald Trump’s negative standing with voters, 70 percent disapproval in a recent survey, may save Mrs. Clinton. Still, standing in her way remains the fact that a majority of voters just don’t trust her.

That won’t change with yesterday’s news.

“Key assertions by Hillary Clinton in defense of her email practices have collapsed under FBI scrutiny,” read the lead of an Associated Press story, detailing six public statements made by her that the investigation found to be false.

Let’s split the difference: neither prosecute Hillary nor elect her president.

This is Common Sense. I’m Paul Jacob.


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

The Return of the Philosopher King

On Sunday, at Townhall, I addressed the whining attacks on referendums and “democracy” that followed the Brexit referendum.

The most outrageous? A broadside from Jason Brennan.

“To have even a rudimentary sense of the pros and cons of Brexit,” argues this Robert J. and Elizabeth Flanagan Family Associate Professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business at Georgetown University, “a person would need to possess tremendous social scientific knowledge. One would need to know about the economics and sociology of trade and immigration, the politics of centralized regulation, and the history of nationalist movements.”

In other words, most Brits needn’t worry their pretty little heads about deciding their future; experts have everything under control.

Brennan has a new book coming out, Against Democracy, wherein he posits that we need “a new system of government — epistocracy, the rule of the knowledgeable.”

Sound familiar? ’Tis the old Platonic whine in new wineskins.

This Philosopher King is necessary, you see, because citizens don’t posses the advanced degrees to judge whether Brennan is right or wrong. We can’t even find a Holiday Inn Express in the phonebook. Or a phonebook.

Nonetheless, why not consult other known knowers?

The late William F. Buckley, Jr., well-educated and well-spoken on political matters, once declared that he would “rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory, than to the faculty of Harvard University.”

“Incestuous, homogeneous fiefdoms of self-proclaimed expertise are always rank-closing and mutually self-defending, above all else,” warned journalist Glenn Greenwald, an expert on such hooey.

“I know no safe depositary of the ultimate powers of the society but the people themselves,” wrote Thomas Jefferson, “and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.”

Most decisions in a free society are thankfully made by individuals (not voters, bureaucrats, or academics) about their own lives.

But when legitimate decisions of governance must be made, I’ll take democracy over rule by experts.

This is Common Sense. I’m Paul Jacob.


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Accountability ideological culture media and media people moral hazard nannyism national politics & policies

Gray Lady Casts Shadow

Earlier in the week, I noted how media manipulation of presidential poll results by not considering the Johnson and Stein campaigns distorting the race. I speculated why journalists would do such a thing, but didn’t have space for an exhaustive list.

But it’s clear that one of the things journalists aim to do is retain their once-vaunted position as gatekeepers, as the idea-people and fact-dispersers who define the terms of allowable debate.

By ignoring the competition, they narrow the terms of this year’s presidential campaign, allowing their inexplicable favorite, Hillary Clinton, an advantage going to the polls.

But poll taking and reporting is not the half of it. Tim Graham, writing at Newsbusters, notes how the Gray Lady rigs the intellectual field. “The New York Times appears to be playing games again with conservative authors, trying to keep them off its vaunted (and secretively manipulated) Best Sellers list. This has happened to Ted Cruz, to Dinesh D’Souza, and to David Limbaugh.

And now, Graham tells us, it’s happening to Wall Street Journal columnist Kimberley Strassel, whose new book, The Intimidation Game: How the Left Is Silencing Free Speech, has been doing gangbusters on BookScan’s bestseller list.

The new exposé is sixth on BookScan’s hardcover list. But it’s not even made an appearance on the Times’ “list of the top 20 hardcover bestsellers, despite outselling books that did make the list.”

Would the Gray Lady dare manipulate the figures . . . just to suppress an idea it doesn’t like?

That is, the idea that the Left suppresses speech.

It’s almost too rich to be true.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets general freedom nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

What Doesn’t Fly

After the Orlando massacre, isn’t it time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in The Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company.

Mateen’s government credentials included “a Florida state-issued security guard license and a security guard firearms license.” Twice, he was investigated by the FBI, in 2013 and again in 2014, and cleared — investigations closed.

Should we talk about security failures?

Instead, a filibuster by Connecticut Sen. Chris Murphy and a sit-in protest by House Democrats changed the channel to gun control. The Senate voted on four bills that threatened more than the Second Amendment. Our Fifth Amendment rights to due process were also in the sights of crusading Democrats and appeasing Republicans and still are.

Not to mention the Ninth Amendment, freedom to do all manner of things, including travel.

Hillary Clinton says that “if you’re too dangerous to get on a plane, you’re too dangerous to buy a gun.” Yet, the problem comes in government simply declaring someone too dangerous to fly or to buy a gun, without ever publicly bringing a charge — you know, with evidence — much less convicting that person of a crime.

Having a government agent place a name on a secret list doesn’t even approximate due process of law. And, accordingly, doesn’t justify stripping a person of fundamental liberties.

Terrorism is terrifying . . . but not any more so than politicians who, in pursuit of their political agendas, don’t think twice about our freedoms or their constitutional limitations.

It’s not all right.

This is Common Sense. I’m Paul Jacob.


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general freedom media and media people national politics & policies

Why, Journalists, Why?

Complaints about “the mainstream media” are old hat. But that doesn’t mean the complaints have lost validity.

I was struck by this while reading Matt Welch’s warning, at Reason: “Don’t Believe Any Headline Showing Hillary Clinton with a 12-Point Lead over Donald Trump.”

“There is indeed a 51 percent to 39 percent advantage for Clinton over Trump in newly released Washington Post/ABC News poll, conducted from June 20-23,” Welch concedes. “But that same survey also asked the same pool of voters to react to a far more representative ballot, i.e., one that includes Libertarian Party nominee Gary Johnson . . . and the Green Party’s Jill Stein. . . .”

The point is, leaving out Hillary’s and the Donald’s actual competition from poll results — or from poll questions, for that matter — is tantamount to misreporting. It is, in other words, “bad science” and “journalistic malpractice.”

“Clinton has yet to reach 50 percent when her proper competition is included,” Welch explains, “and Trump hasn’t even cracked 40.”

In the latest NBC/Wall Street Journal poll, Mrs. Clinton was reported to enjoy a seven-point lead, but when voters were offered all likely ballot options, including Johnson, the Libertarian, and Stein, the Green, Hillary bettered Donald by only one point: 39-38 percent.

But why would journalists and editors systematically rig the reporting of politics?

Laziness? Covering four candidates is twice as much work as covering two.

Partisan reasons? The Washington press corps has been embedded with R&D operatives for decades.

Whatever the reason, they’ve missed a huge story: the impact of these minor party candidates is major news.

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly general freedom media and media people national politics & policies too much government

Not Buying a Stairway to Riches

I am not a writer by trade. I don’t make a living off of these daily and weekly writing gigs. I give this stuff away, for free. The donations I ask for are there to cover bandwidth, website expertise, artwork, etc. They don’t cover my contributions.

But that doesn’t disqualify me from my occasional wonder and amazement (and worse) at how intellectual “property” is handled in America.

This week a Los Angeles jury found that the great rock band “Led Zeppelin did not plagiarize the opening chords of the rock epic Stairway to Heaven from the U.S. band Spirit,” the BBC reports. “It said the riff Led Zeppelin was accused of taking from Spirit’s 1967 song Taurus ‘was not intrinsically similar’ to Stairway’s opening.”

So, my surprise, and perhaps yours too, is that a riff, a mere riff, taken from one song and put into another, could be actionable at law. It seems to me that this would be like suing over an essay title (one has no private property rights to your headlines, no matter how original), or clever turn of phrase. Writers copy this stuff all the time. Even more commonly, they inadvertently regurgitate these writerly “riffs” from the far corners of their minds, or even think up these things separately.

But honestly, I didn’t think one could sue over a riff. Riffs and chord progressions vary in originality, but some of the best songs use the same three chords, so there is a lot of apparent “stealing” going on.

Thankfully, the jury wisely knew the difference between What Is and What Should Never Be.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly free trade & free markets general freedom ideological culture nannyism national politics & policies

Digs at the Gig Economy

In Texas’s progressive enclave of Austin, the government has regulated Uber and Lyft out of the city.

Massachusset’s uber*-progressive Sen. Elizabeth Warren cautions that the “much-touted virtues”of the “gig economy” that these services represent are actually dark signs of the times, providing workers a false “step in a losing effort to build some economic security in a world where all the benefits are floating to the top 10 percent.”

Vermont’s Sen. Bernie Sanders, the independent candidate for the Democratic Party’s presidential nomination, is also no fan. Why? These services are not regulated.

Sanders’s charge that these person-to-person (P2P) ride-sharing services are “unregulated” is of course the opposite of the truth. They are self-regulated for safety and efficiency in ways that taxi services never were. How much extra value did governments add, with their regulations of the taxicab industry? They just reduced competition and made cabs more expensive.

P2P online cooperation is revolutionary. And “progressives” are stuck in the past, itching to suppress that revolution. “Initially,” writes Jared Meyer in the July issue of Reason, “hostility mostly came from state and municipal governments, at the behest of local special interests.” But as the services became more popular, opposition shifted. To the national Democrats like Sanders, Warren and . . . Hillary Clinton. She promises to “crack down on bosses who exploit employees by misclassifying them as contractors or even steal their wages.”

Par for the course: the Internet provides more opportunity than ever, and all some progressives see are the old socialist fears of “exploitation” and “greed” . . . while they greedily suck up to unions and special interests.

The bright side, Meyer argues, is that they are on the losing side.

This is Common Sense. I’m Paul Jacob.

 

*I guess the pun here is intended. Or not. You choose, P2P style.


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Accountability ideological culture media and media people nannyism national politics & policies property rights responsibility

The Climate Cassandra

Thirty years ago, in June, 1986, the Senate Environment and Public Works Committee met to consider the problems of ozone depletion, the greenhouse effect, and climate change.

Present at those hearings was today’s climate Cassandra, James Hansen, then of the Goddard Institute of Space Studies. And he was predicting that “global temperatures should be nearly 2 degrees higher in 20 years,” according to Associated Press reporting at that time.

There was some sloppiness either in Hansen’s account, or the AP’s, for in one part of his testimony Hansen claimed that his institute’s climate models projected, for “the region of the United States, the warming 30 years from now is about 1 1/2 degrees C, which is about 3 F.”

Ronald Bailey, the science writer over at Reason, tries to make sense of this mess of numbers, models, and predictions.

Oh, and actual, tabulated results.

Hansen’s predictions went, as Bailey put it, “definitively off the rails when tracking the temperature trend for the contiguous U.S. between 2000 and 2016. Since 2000, according to the NOAA calculator, the average temperature trend has been downward at -0.06 F degree per decade.”

That’s not the whole picture, though: “global temperatures have increased by 0.51 C degree since 1986, so perhaps the man-made global warming signal has finally emerged.”

No matter, though, as Bailey notes, “the United States and the Earth have warmed at considerably slower pace than Hansen predicted 30 years ago.”

Which suggests that Hansen’s models may be inspired more by wish, fear, and ideology than genuine science.

So, to those who wish to rush to “do something” (anything?) to combat “climate change,” take it slow. Follow the pace of the Earth itself.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom national politics & policies too much government

What Doesn’t Fly

After the Orlando massacre, isn’t it finally time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in the Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company, and his government credentials included “a Florida state-issued security guard license and a security guard firearms license.”

Not to mention that Omar Mateen was twice investigated by the FBI — in 2013 and again in 2014 — and cleared by the agency both times. Though on the terrorist watch list for a while, he was removed from that list after the FBI closed its investigations.

So we need more and tougher background checks? Must the FBI check every gun purchaser three times, is that the charm?

Even if the Feds blocked gun sales to those on the terrorist watch list and the “no-fly” list, it wouldn’t have affected Mateen, for he wasn’t on these lists when he purchased his Sig MCX.

Nevertheless, Connecticut Sen. Chris Murphy led a 14-hour filibuster to bring attention to his gun control legislation . . . that wouldn’t have stopped the Orlando massacre . . . or the shooting in Newtown.

“I will be meeting with the NRA, who has endorsed me,” tweeted Donald Trump, the presumptive GOP presidential nominee, “about not allowing people on the terrorist watch list, or the no fly list, to buy guns.”

If our government ever uses a secret list developed by security agencies to deny citizens their rights, without due legal process, without innocence until proven guilty, we will sorely need our Second Amendment rights.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture moral hazard national politics & policies The Draft U.S. Constitution

Equal or Free?

On Tuesday, the Senate voted to force American women, in their early years, to register for the draft.

Just like men have been required to do since 1980.

The White House threatens to veto the bill, though perhaps on other grounds, since the bill also, in the words of Richard Lardner (AP), “authorizes $602 billion in military spending, bars shuttering the prison at Guantanamo Bay, Cuba, and denies the Pentagon’s bid to start a new round of military base closings.”

The Senate’s social conservative ranks made the whole process leading up to the vote difficult for the mainliners, like Sen. John “Maverick” McCain, who is enthusiastic about registering women. Sen. Ted Cruz expressed alarm at the direction “sexual equality” is taking, and didn’t want to see “girls drafted onto the front lines.”

Decades ago, the Supreme Court had nixed a challenge to draft registration on discrimination lines, reasoning that since women weren’t allowed onto the front lines, there was no cause to force them to register for military conscription.

But now there are women in combat positions. So the old ruling no longer applies. If draft registration isn’t expanded to women, it’s likely to be struck down for men.

We have no draft, we are reminded, mere registration — which our government keeps in place mainly to remind men that they may be drafted.

In the House version of the bill, there’s no draft registration amendment. So there will be negotiations. Maybe a compromise can be reached where neither young men nor women face a military draft* or, likewise, signing up for one.

This is Common Sense. I’m Paul Jacob.

 

* For more on why to oppose the draft, see my essay “The Draft Is Slavery” in J. Neil Schulman, The Rainbow Cadenza, pulpless.com edition (1999).


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