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crime and punishment ideological culture

The Portland Chaos

“As a lifelong Portlander,” Alan Grinnell writes to the editor of The Oregonian, “I am shocked at what our city has become.”

Responding to a Steve Duin column about Portland, the “broken city,” Grinnell asks, rhetorically, “Who would have thought that our downtown would become a wasteland, that there would be homeless camps everywhere in the city, and that gangs of armed thugs on all sides of the political spectrum would run out our police?”

Duin defined the problem as one of “mob rule,” lamenting that “just about everyone I spoke to was terrified they might be the next random target of the mob.”

After months of riots and property destruction following the killing of George Floyd by police in distant Minneapolis, Minnesota, the focus of recent police and community attention turned to a house on Mississippi Street from which so-​called “sovereign citizens” — the Kinney family (who are black and indigenous) — were evicted for not paying their mortgage (since 2017). Now the house is being occupied by “activists,” who have turned the area into a sort of autonomous zone — as was done for weeks this summer, dangerously, in the Capitol Hill area of Seattle.

“[I]f you live or tend shop on North Mississippi, and fear for your own safety around the local ‘security’ forces,” inquired the columnist, “what do you make of the cops’ retreat from the neighborhood?” 

While many appear sympathetic with the Kinneys’ plight, the takeover by the terrorists, er, activists, is another matter entirely. One black man on reddit calls it “one big scam,” suggesting folks “ignore these loons.”

But ignoring willful lawbreakers appears to be the problem, not the solution.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment

Not Above the Law

Should government officials be free to violate the rights of others so long as they are doing their job at the time?

With impunity?

That’s the question that the Institute for Justice is arguing before the Supreme Court in Brownback v. King.

The case concerns James King, whom officers of the law mistook for a fugitive. When they grabbed his wallet and demanded to know his name, King ran, thinking he was being mugged. The officers pursued him and and then viciously assaulted him — nearly killing him.

Later, the government concocted bogus charges to try to force King to accept a plea bargain. The idea was to prevent him from suing the government for the way he had been treated. 

King did not cooperate.

The problem? Many government officials in many circumstances have a get-​out-​of-​prosecution-​free card. The doctrine that confers this card is called “qualified immunity.”

In the 1982 case Harlow v. Fitzgerald, the Supreme Court opined that this immunity is warranted by “the need to protect officials who are required to exercise discretion” and “can be penetrated only when they have violated clearly established statutory or constitutional rights.”

In practice, however, the immunity being granted often seems more unqualified than qualified.

IJ’s premise is simple. “Government officials are not above the law,” says IJ President Scott Bullock. “Those who are charged with enforcing our nation’s laws should be more — not less — accountable for their unconstitutional acts.”

In a free society, police cannot brutally beat innocent people and get away with it. Can they?

This is Common Sense. I’m Paul Jacob.


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judiciary partisanship U.S. Constitution

Heal or Heel?

Call it High Court chutzpah?

In a Second Amendment case seeking U.S. Supreme Court review, five U.S. Senators have filed an amicus curie or “friend of the court” brief … that wasn’t very friendly.

“The Supreme Court is not well,” argue Sens. Sheldon Whitehouse (D‑R.I.), Richard Blumenthal (D‑Conn.), Mazie Hirono (D‑Hawaii), Richard Durbin (D‑Ill.), and Kirsten Gillibrand (D‑N.Y.) in their brief against the Court accepting the case. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’”

A not-​very-​veiled threat.

Is their goal really to ‘reduce political influence’? Or to leverage influence against the Court should it not “heal itself” — or come to heel — by authoring judicial decisions more to Democrats’ liking? 

Seven Democratic presidential contenders, including Sens. Elizabeth Warren, Kamala Harris and Kristen Gillibrand, support court packing — having the next Democrat-​controlled Congress increase the size of the SCOTUS beyond nine justices, to 12 or 15.

“[M]ost Americans recognize this tactic for what it is, which is a direct attack on the independence of the Supreme Court,” Sarah Turberville and Anthony Marcum write in The Hill. “It is no coincidence that court packing is employed by would be autocrats all over the world rather than by leaders of liberal democracies.”

To supposedly “depoliticize” the “partisan” Supreme Court, Mayor Pete Buttigieg wants to pick five justices to represent Democrats and five to represent Republicans, and then those ten would together choose five additional justices. 

Nothing like being overtly partisan to vanquish partisanship, eh?

This is Common Sense. I’m Paul Jacob.


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crime and punishment

Guilty. Guilty! Guilty?

“No responsible prosecutor,” Alan Dershowitz writes in The Hill, “should ever suggest that the subject of his investigation might indeed be guilty even if there was insufficient evidence or other reasons not to indict.”

Don’t I know it.

The world-​famous lawyer takes issue with the “statement by special counsel Robert Mueller in a Wednesday press conference that ‘if we had confidence that the president clearly did not commit a crime, we would have said that.’”* Dershowitz makes a good case that the ‘innocent until proven guilty’ principle requires the government not merely to refrain from imposing punishment before obtaining a lawful conviction, but also to hold back from punishing people by making loud public claims about their supposed guilt. 

Which brings to mind my own experience at U.S. Term Limits. In 1994, we ran radio ads and sent mail to citizens in two Oklahoma congressional districts and one in Kentucky. We did not urge a vote for or against anyone, but merely provided information on where the candidates stood. 

Yet, prompted by a complaint from the Democratic Congressional Campaign Committee, which prefers ignorant to knowledgeable voters, the Federal Election Commission (FEC) investigated.

As if to foreshadow current prosecutorial proclivities, the FEC abandoned its witch hunt after two long years. Relieved the agency’s harassment was finally over, I remember opening an Oklahoma newspaper and discovering a story headlined, “Term Limits Group Violated Law in State, U.S. Agency Charges.”

This problem goes well beyond Mr. Mueller and President Trump. Government agencies that cannot prosecute, should not persecute.

This is Common Sense. I’m Paul Jacob.


* Dershowitz calls Mueller’s comments “worse than the statement made by then-​FBI Director James Comey regarding Hillary Clinton during the 2016 presidential campaign.”

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national politics & policies Popular term limits U.S. Constitution

The Court-​Packers

“What if there were five justices selected by Democrats,” presidential candidate Beto O’Rourke explored at an Iowa campaign stop, “five justices selected by Republicans, and those ten then pick five more justices independent of those who picked the first ten?”

Beto, meet FDR.

President Franklin Delano Roosevelt tried something similar with the Judicial Procedures Reform Bill of 1937, which would have added six new justices to the nine-​justice U.S. Supreme Court. It failed in the Senate, even though FDR’s Democratic Party controlled the chamber.

This “court packing” gambit may have been the most unpopular action of FDR’s whopping three-​plus terms. 

Despite the obvious self-​interested power grab, “Sens. Kamala Harris, Elizabeth Warren and Kirsten Gillibrand … would not rule out expanding the Supreme Court if elected president,” Politico reported.

“It’s not just about expansion, it’s about depoliticizing the Supreme Court,” Sen. Warren explained … with a straight face. Yet Beto’s suggested reform would officially turn the nation’s highest court into a partisan, two-​party political institution.

To the good, Democrats are also bantering about term limits for the nation’s High Court. Trouble is, term limits require a constitutional amendment, meaning a two-​thirds vote of both chambers of Congress as well as 38-​state ratification. 

Court packing, on the other hand, only requires simple majorities of both houses and the presidency. Which Democrats threaten in 2020.

“You need to gain power,” Washington Examiner columnist Philip Wegmann reminds, “before you can abuse it.”

So the abuse, for now, is merely promising.

This is Common Sense. I’m Paul Jacob. 


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international affairs

Victory & Surrender

Former U.S. Ambassador to Afghanistan Ryan Crocker sums up in a single word the recently announced framework of an agreement between the United States of America and the Taliban: Surrender.

“This current process bears an unfortunate resemblance to the Paris peace talks during the Vietnam War,” writes Crocker in a Washington Post op-​ed. “Then, as now, it was clear that by going to the table we were surrendering; we were just negotiating the terms of our surrender.”

He’s not wrong. 

It may seem strange that, after successfully toppling the Taliban government, a savage regime that had given safe haven to Al-​Qaeda to launch its 911 attacks against us, we would now, nearly two decades later, be anxious to cut a deal with that same Taliban, even possibly bringing them into a power-​sharing role.

Anything to get the heck out of Kabul and back to the good ol’ USA. And it is a recognition, right or wrong, that the Afghan government is unsustainable.

The alternative? Keep a significant contingent of U.S. troops in Afghanistan … forever. Or until we have fashioned a brand new westernized-​Afghanistan that is no possible threat to us.

Yep, forever. 

“Winning may not be an available option,” contends a new Rand report, “but losing … would be a blow to American credibility, the weakening of deterrence and the value of U.S. reassurance elsewhere, an increased terrorist threat emanating from the Afghan region, and the distinct possibility of a necessary return there under worse conditions.” 

The same mistaken reasons we stayed in Vietnam. 

This is Common Sense. I’m Paul Jacob.


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