Tag: law

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Accountability defense & war national politics & policies responsibility U.S. Constitution

The Irresponsible vs. The Unaccountable

war, law, Congress, military

Six Democrats in Congress — Arizona Sen. Mark Kelly, Michigan Sen. Elissa Slotkin, U.S. Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan of Pennsylvania — caused quite a stir, recently, producing a video “to speak directly to members of the Military and the Intelligence Community.” 

What did these former military and intelligence agency vets-​turned-​congressmen tell our current soldiers and spooks? 

“You can refuse illegal orders.”

While that’s true, and important … what orders are they talking about? 

Perhaps the continued bombing of ships in the Caribbean and killing of crews, all on accusations by the White House that these are drug smugglers — without any check or real accountability — is such a case.*

Yet, these powerful senators and representatives are not making it.

Instead, they’ve not even identified one breach. And by refusing to identify any of President Trump’s specific orders, their call devolves into second-​guessing the chain of command and encouraging dissension in the ranks, dissuading military personnel from always being “at the ready.”

Further, these wielders of legislative power in Washington have taken no serious action to protect the Constitution nor promoted any legislative action to hold executive action accountable. 

Instead, they pass the buck to the soldier (or CIA analyst) to determine the legality of orders on the fly.

As Haley Fuller wrote at Military​.com last week, “[A]sking individual service members to make on-​the-​spot legal judgments without guidance can put them at enormous personal risk.” 

Was this Democrat video “SEDITIOUS BEHAVIOR, punishable by DEATH!” as Trump posted on social media? I don’t think so. 

It is, however, tragically emblematic of the complete and total abdication of responsibility by these pretend leaders in Congress. 

This is Common Sense. I’m Paul Jacob.

* Reminds me of President Obama’s policy of killing American citizens abroad by drone strikes without, as even he acknowledged, any real process of checks and accountability. Thank goodness for Sen. Rand Paul’s 2013 filibuster raising concerns about this unaccountable power to execute. 

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partisanship U.S. Constitution

Constitutional Defects

Trump, filibuster, law, nuclear option

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” 

That’s what President Trump posted on Truth Social back during the shutdown, adding, “WE are in power, and if we did what we should be doing, it would IMMEDIATELY end this ridiculous, Country destroying ‘SHUT DOWN.’”

This was prior to Democrats, off-​year election over, suddenly deciding to agree to the same deal to reopen the government that Republicans had been offering for weeks. 

The 60-​vote supermajority the United States Senate needs to end debate and vote on legislation is a small‑r republican measure, not a small‑d democratic one. Reasonable people can disagree over its merits, certainly, but I like the greater consensus it requires. 

What I don’t like is that the party in control of the Senate can at any time change the filibuster rule in any way it wishes, including ending it altogether. 

Rules shouldn’t be this easy to junk. 

Make the Senate filibuster not just a rule, but constitutional law. 

Another major matter of constitutional change is sorely needed. The stability and independence of one of the three branches of the federal government, the U.S. Supreme Court, hangs by a thread.

The number of justices, now nine, is nowhere set in the Constitution. 

Congress and the White House, when held by the same political party — even short of 60 votes in the Senate, because they could simply end the filibuster — could immediately add ten new justices.

Or 20. 

And then confirm all the president’s picks.

All something Democrats mused about doing years ago: packing the High Court with many new justices to magically engineer a new Democratic Party majority on the SCOTUS. 

The number of justices, like the Senate’s super-​majoritarian filibuster, aren’t written in stone.

But should be.

This is Common Sense. I’m Paul Jacob. 

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crime and punishment government transparency privacy

Transparency, Weaponized

Jeffrey Epstein, law, transparency, privacy

Transparency is usually a good thing. But so is privacy. And so, too, are limits on government power. 

Which bring me to the Epstein files — or, more accurately, those files bring me here. 

“I don’t think we’ve had a scandal like this in this country,” Rep. Ro Khanna (D‑Calif.) offered yesterday on Meet the Press, “and what we’re asking for is justice for those survivors.” 

I want justice, too — that is, the prosecution of any crime grand juries honestly believe was likely committed. 

By anyone! No matter how powerful that suspect might be.

On the other hand, the Epstein File Transparency Act, which will be voted on this week in the U.S. House of Representatives and for which Khanna is a primary sponsor, “would require the Justice Department to declassify and release all files pertaining to the prosecution of the late sex trafficker, Jeffrey Epstein.”

The public has a right to know! 

But does it? 

And if so, does that ‘right’ mean we permit the federal Department of Justice to use prosecutorial power to grab incriminating evidence on “suspected criminals” and then weaponize and deploy that information not to prosecute a crime in a court of law, but rather to publicize the damaging dirt discovered in the court of public opinion?

From then-​FBI Director James Comey’s ridiculous public preening over the non-​prosecution of Hillary Clinton in 2016 to the demanded release of the Epstein files today, we must be careful the DOJ does not become an opposition research firm for the party in power, using badges and guns. Or the world’s most outrageous doxxing scheme.

Our criminal justice system should do one thing and only one thing: Prosecute crimes.

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture

Rethinking What Safety Means

crime, safety, law, police, Washington D.C.

Joe Scarborough threw kindling onto the fire. 

In the context of President Trump calling up the National Guard to help police the streets of Washington, D.C. — “you’ll have more police and you’ll be so happy, ’cause you’d be safe” said Trump — Scarborough prompted Symone Sanders, a Democratic strategist, fellow MSNBC host, and wife of a former night mayor of the city, with cedar soaked in kerosene: “You don’t think more police makes streets safer?”

“No, Joe,” she said, helping Morning Joe viewers decipher her racial identity: “I’m a black woman in America.

“I do not always think that more police makes streets safer.” 

Before you have time to wonder whether she’s advancing the law of diminishing returns in criminology, she quickly goes on: “When you walk down the streets of Georgetown” — a predominantly wealthy and white D.C. neighborhood — “you don’t see a police officer on every corner but you don’t feel unsafe. So what is it about talking about places like South D.C., right, Ward Eight (if you will), that people say ‘we need more officers to make us safe’?

“I think we have to rethink what safety means in America.”

While adding more police officers to a peaceful society won’t likely decrease crime much, a violent community is another story. People in these communities need greater safety to live their lives. Without becoming a statistic. Law enforcement that is visible on the street can surely help.

But rethinking the meaning of “safety” won’t. 

So what’s burning?

Democratic hopes, maybe. We’ll see how Trump’s move to clean up the capital goes.

Yet, if he tries to use the National Guard in other cities without constitutional warrant, that’d go beyond mere policing, into police-​state territory. 

Just don’t consult Democratic strategists for a “rethink” of such distinctions.

This is Common Sense. I’m Paul Jacob.

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litigation property rights U.S. Constitution

The Stealing Goes On

eminent domain, theft, law

“On March 24, 2025, the Supreme Court of the United States declined to take up the case of Bowers Development, LLC. v. Oneida County Industrial Development Agency Et. Al.,” writes Conner Drigotas, “a decision that allows the practice of legalized theft through eminent domain to continue throughout America.”

This is not good news, as Mr. Drigotas explains. “In that case, Bryan Bowers had asked the Justices to review a ruling from the Supreme Court of New York that allowed Utica city officials to take land on which he had a contract to build and give it to a different private corporation for a separate construction project.” Mr. Bowers had “hoped to stop government officials from using force to pick winners and losers in the construction industry.” But it was a no go.

Politicians and bureaucrats love to grab other people’s property, under cover of “the public interest.” But their “public interest” is nothing more than a thin disguise for helping some individuals (often contributors to politicians’ campaigns) at the expense of others.

“With their denial of Bowers, Justices continued to show support for one of the most hated and notorious decisions to come out of their lofty chambers: that of Susette Kelo v. New London, Connecticut,” explains Drigotas. The Kelo case, often mentioned here, remains the ruling precedent, the government’s license to steal. Its loose construction of what can be regarded as in “the public interest” is a big part of the problem. 

Sadly, the courts have so far refused to rein in government eminent domain abuse. And voters have little sway upon the judiciary. And our representatives, our first line of defense, have also declined to stand up for basic justice and decency.

What to do? Remember that your representatives will soon be on the ballot.

This is Common Sense. I’m Paul Jacob.

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crime and punishment Regulating Protest

Force Over Reason

illegal immigration, riot, deportation, borders, cultures, defense, law

L.A. is in flames again, with rioting, looting, attacks on police (with “commercial grade fireworks”) and against the much-​despised ICE agents. At issue, they tell us, are the horrible things ICE does to illegal entrants into the United States — kidnap them, say; or deport them, as the government puts it — and this requires.…

Well, what does it require in response? Open battles with the feds? 

As in the 2020 BLM riots, rioters are attacking federal buildings, with attempts at violent entry.

This is no way to persuade Americans of much of anything — other than that force triumphs over reason. 

So little wonder that the U.S. president chose to meet force with force by sending in the National Guard. Trump’s explanation on Truth Social qualifies as Classic Trump (not New Trump): “If Governor Gavin Newscum, of California, and Mayor Karen Bass, of Los Angeles, can’t do their jobs, which everyone knows they can’t, then the Federal Government will step in and solve the problem, RIOTS & LOOTERS, the way it should be solved!!!”

Federalizing the Guard will be fought in court — like everything else — but it appears to be yet another case in which folks argue that President Trump does not have the lawful authority … only come to find out that Congress does constitutionally enjoy said power but unaccountably legislated it away to the president. 

Rita Panahi of Sky News Australia covered the mayhem in her “Lefties Losing It” segment. “And while the Mexican flag was proudly flying throughout these protests, the American flag was nowhere to be seen,” Ms. Panahi observed, “unless it was being set alight.” 

Protesters waving the flag of the foreign state they’ve fled?!?!? 

That’s not Common Sense. I’m Paul Jacob.

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crime and punishment national politics & policies

Trump’s Libertarian Promise

Ross Ulbricht, drugs, drug war, prison, law, Silk Road

“If you vote for me,” President-​elect Donald Trump promised the delegates at the Libertarian Party national convention last May, “on Day One, I will commute the sentence of Ross Ulbricht to time served.”

That is eleven years so far. “We’re going to get him home,” insisted Trump. 

Mr. Ulbricht, a libertarian cause célèbre, was sentenced in 2013 to double life terms, without parole, plus 40 years. 

So, who did he kill? 

At 26 years of age, Ulbricht created the Silk Road online platform, “an anonymous e‑commerce website.” Used by some folks, certainly, to trade in drugs and other illegalities.

On a Change​.org petition urging presidential clemency (which I’ve signed), his mother explains: “Ross is a first-​time offender” and “an Eagle Scout, scientist and peaceful entrepreneur,” who faced only “non-​violent charges at trial. He was never prosecuted for causing harm or bodily injury and no victim was named at trial.”

That’s why she and many of us simply cannot stand the idea that now 40-​year-​old “Ross is condemned to die in prison.”

Dudley Do-​Right — no. Trump to the rescue!

Indeed, it was a very smart political move, courting the Libertarian vote both by showing up and, specifically, by pledging to free Ross Ulbricht. Libertarians suddenly had a tangible reason to support Trump.

Will Trump keep his word? “I do think he’s going to free Ross Ulbricht,” Libertarian Party Chair Angela McArdle told Robby Soave on his “Rising” program.

I think so, too. I sure hope so. It would be refreshing to see the awesome power our Constitution gives the president to pardon crimes and commute sentences used for someone deserving of mercy. 

Rather than someone escaping justice.

This is Common Sense. I’m Paul Jacob.

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Fourth Amendment rights media and media people property rights

The Realism of ‘Rebel Ridge’

Rebel Ridge, Civil Asset Forfeiture, law, police, abuse, corruption

Some viewers of the popular Netflix film Rebel Ridge say that it’s unrealistic. But a certain crucial assumption of the story is very realistic indeed.

The movie assumes that some cops are bad cops. More specifically, it assumes that bad cops often have arbitrary legal authority to do bad things. In the movie, what gets the ball rolling is the arbitrary authority conferred by America’s civil forfeiture laws.

These laws permit officers to confiscate cash on your person if they merely have a suspicion, or pretend to, that the cash is ill-​gotten. They needn’t have evidence that it’s drug money or bank-​robbery proceeds. 

The suspicion is enough.

And even if you can show that the money was acquired by your own hard work and withdrawn from your bank account in pursuit of a legitimate end — buying a truck, bailing a cousin out of jail (the reason that the protagonist carries cash in Rebel Ridge) — that’s typically not the end of it. It’s rare that the law-​empowered thugs who violated your property rights just say “Oops!” and hand your property right back.

J. Justin Wilson of the Institute for Justice observes another realistic portrayal of injustice in the movie, “over-​detaining defendants to keep them quiet.” In real life, though, such over-​detention may have as much to do with bureaucratic sloth as with malice directed toward a particular prisoner.

The solution, says Wilson, is not revenge, but the kinds of legal reform IJ fights for. The movie, on the other hand, leaned more on revenge.

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture

Noncriminal Advice Not a Crime

I have now learned, or relearned, that doing legal things may well be illegal.

A recent example of the legal-​is-​illegal syndrome is the apparent criminalization, ex post facto, of helping your clients legally promote their legally vendible wares.

According to an April 2024 Wall Street Journal report, the consulting firm McKinsey is in trouble with the Justice Department for advising Purdue on how to sell more of its drug OxyContin, which is legal to sell. The Department has criminally opened a criminal investigation into McKinsey’s “role in advising” opioid manufacturers like Purdue “on how to boost sales.”

McKinsey consultants suggested pitching more to doctors who prescribe OxyContin the most, pitching less to docs who don’t prescribe it.

Which part of this shockingly standard advice is the criminal activity?

As economists David Henderson and Charles Hooper note, there is “nothing mysterious or nefarious” about going where the sales are. It’s “economically rational. To do otherwise would be inefficient and wasteful.”

But there’s an Opioid Crisis. 

And whenever there’s a Crisis, lawmakers and launchers of criminal investigations hurtle to ignore subtle distinctions about legal, illegal, etc.

I’m not quite sure what we do in light of this information, that all the legal-​to-​do things are now subject to senseless investigations by Justice Department hacks, bored or maniacal.

I guess the safest thing would be to stop doing things. All the things. Well, you can’t really live by pursuing safety — or a mirage of safety — at all costs.

This is Common Sense. I’m Paul Jacob.

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crime and punishment judiciary regulation

The Court v. the Power Grabbers

bureaucrats, regulations, deep state, law

The U.S. Supreme Court giveth and the U.S. Supreme Court taketh away.

A slew of Supreme Court decisions is keeping us off balance. While we were still reeling from the blow delivered by Murthy v. Missouri’s go-​ahead for federal suppression of social-​media speech, the court also acted to rein in runaway bureaucrats.

The decision, which some call a “major blow to big government”  — let’s see how it plays out before echoing this — is Loper Bright Enterprises v. Raimondo. In this 6 – 3 ruling to limit the administrative state’s power to expand its power, the court reversed its own 1984 ruling, Chevron USA v. NRDC.

According to Stanford Law professor Michael McConnell, Chevron meant that when the actions of a federal agency — to stop you from cleaning up a pond (“wetland”) on your own property or whatever — end up being litigated, courts must “defer to the agency’s own construction of its operating statute” unless that construction is too wildly unreasonable.

Agencies consequently enjoyed “considerable leeway in determining the scope” of what they can do to us. 

Guess what. They typically prefer more power to less, less constitutional restraint to more.

“Chevron is overruled,” the new ruling states. Courts must “exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Maybe more courts will now more often stop runaway bureaucrats in their tracks.

This is Common Sense. I’m Paul Jacob.

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