Common Sense with Paul Jacob

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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Tags crime, Drug War, free trade, Ross Ulbricht

Today

New Constitution

On June 3, 1959, Singapore adopted a constitution.

Thought

David Crockett

“I know nothing, by experience, of party discipline. I would rather be a raccoon-dog, and belong to a Negro in the forest, than to belong to any party, further than to do justice to all, and to promote the interests of my country. The time will and must come, when honesty will receive its reward, and when the people of this nation will be brought to a sense of their duty, and will pause and reflect how much it cost us to redeem ourselves from the government of one man.”

David Crockett, after his electoral defeat in 1830, as quoted in David Crockett: His Life and Adventures (1875), by John Stevens Cabot Abbott, p. 294.

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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Tags Annette Bosworth, Dr. Annette Bosworth, justice, law

Today

American citizenship

On June 2, 1924, President Calvin Coolidge signed the Indian Citizenship Act into law, granting citizenship to all Native Americans born within the territorial limits of the United States.

Thought

Samuel Adams

Among the natural rights of the colonists are these: First a right to life, secondly to liberty, thirdly to property; together with the right to defend them in the best manner they can.
Samuel Adams, Statement of the Rights of the Colonists, etc. (1772).

general freedom government transparency national politics & policies privacy too much government

Rand to the Rescue

Nothing gets done in Washington?

Tell that to Kentucky Senator and presidential hopeful Rand Paul. Last night, he single-handily “repealed” Section 215 of the Patriot Act, ending the federal government’s mass collection of our phone records.

At least, for the next few days.

On the floor of the Senate, Paul blocked the USA Freedom Act, a “compromise” bill passed by the House. It would’ve required private telecoms to keep the data, allowing the government to query that data with a warrant.

“I’m supportive of the part that ends the bulk collection by the government,” said Paul. “My concern is that we might be exchanging bulk collection by the government [with] bulk collection by the phone companies.”

In a Time magazine op-ed, he argued, “We should not be debating modifying an illegal program. We should simply end this illegal program.”

Also last week, the Tea Party Patriots joined the ACLU in agreeing with Paul’s position: the USA Freedom Act doesn’t go far enough . . . to protect our civil rights.

Others warn we aren’t safe without maximum snooping and info-scooping by government:

CIA Director John Brennan called the metadata program “integral to making sure that we’re able to stop terrorists in their tracks.”
Attorney General Loretta Lynch said the expiration amounted to “a serious lapse.”
James Clapper, director of National Intelligence — most famous now for lying to Congress about the existence of the metadata program — declared we “would lose entirely an important capability that helps us identify potential U.S.-based associates of foreign terrorists.”

Yet, there’s not a single case where this bulk phone data helped capture a terrorist or stop an attack.

Sen. Paul believes “we can still catch terrorists using the Constitution.”

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Tags 2016 Presidential race, freedom act, patriot act, privacy, Rand Paul, security, Senate

Today

Kentucky, Tennessee

On June 1, 1792, Kentucky was admitted as the 15th state of the United States. Four years later, Tennessee became the 16th state.

Thought

David Crockett

“I would rather be beaten and be a man than to be elected and be a little puppy dog. I have always supported measures and principles and not men. I have acted fearless and independent and I never will regret my course. I would rather be politically buried than to be hypocritically immortalized.”

David Crockett, after his electoral defeat in 1830, as quoted in David Crockett: The Man and the Legend (1994), by James Atkins Shackford, p. 133.

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