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crime and punishment ideological culture

Houck Off the Hook

A jury has acquitted anti-abortion activist Mark Houck of ridiculous federal charges. 

Houck had admitted to pushing a pro-abortion activist (and volunteer abortion clinic security personnel) who, charges Houck, had been verbally harassing his 12-year-old son. The incident occurred outside of a Philadelphia abortion clinic in October 2021.

Local police looked into the scuffle and decided that there was nothing there.

But in September 2022 — almost a year later — the Biden-Merrick Justice Department galumphingly arrested Mr. Houck for violating the Freedom of Access to Clinics Entrances Act as if he’d been acting to stop someone from entering the clinic.

To arrest him, the agency sent a crew of J. Edgars to raid Houck’s home, gratuitously traumatizing his family, even though he had been ready to voluntarily surrender himself.

Peter Breen, head of litigation at the Catholic Thomas More Society, a public-interest law firm that represents Houck, said that the charges “allege that Mark Houck interfered with a so-called volunteer abortion patient escort when in reality, Houck had a one-off altercation with a man who harassed Houck’s minor son, approximately 100 feet from the abortion business and across the street.”

Breen believes that the case was brought “solely to intimidate people of faith and pro-life Americans. Why in the world would you send this phalanx of officers heavily armed to this family’s home, violate the sanctity of their home, frighten their children . . . other than just to send a message?”

Sadly, he’s exactly right.

At least it’s over. 

For now. 

At least for Mark Houck.

This is Common Sense. I’m Paul Jacob.


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Police Supremacy

The homicidal beating of Tyre Nichols by five cops made the news, the reels and the opinion columns, quickly and “bigly.” You know that the first reaction was to cry Racism!, and that then, after it came out that the policemen charged with his murder were all black . . . it was still Racism! 

You might have laughed. If bitterly.

Van Jones’s headline seems, on the face of it, ridiculous: “The police who killed Tyre Nichols were Black. But they might still have been driven by racism” (January 27, 2023).

Yet, the actual arguments aren’t completely absurd.

Just the big picture is.

Today, we’ve been given a new set of definitions. Racism is no longer prejudiced discrimination against individuals based on antipathy against a hated group, now it’s “prejudice plus power,” and . . . somehow the new anti-racists don’t realize that power isn’t just about race.

It wasn’t likely internalized hatred for blacks that these black policemen exhibited. Far more likely it was exasperation and contempt for a man who wouldn’t submit to their control.

Police have a job, and are given a lot of license and leeway to take away our liberty after a suspected crime. Tyre Nichols did not readily submit to an arrest for reckless driving, but bolted, running away. When the cops caught up with him, they gave him a beating. Was it because he was black? Not likely, or at least not primarily. It was most likely because he wouldn’t obey.

This old police attitude is more understandable than racism, no?

But “understandable” isn’t excuse

We can meaningfully talk about reforms — such as getting rid of qualified immunity — but first, let’s stop calling it racism and “white supremacy.” The issue is cop supremacy, and it’s not really a mystery.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom Second Amendment rights

Concealed Carry and the Careful Criminal

Crime is the most basic of problems. But across the political spectrum we see different strategies. 

On the right, the go-to solution has always been to ramp up policing, to make the basic function of the state — crime-fighting — stronger and more effective

On the left, a leading idea has been to disarm the populace so people cannot do as much harm, and also to “rehabilitate” troubled folks with government TLC.

I grew up in the ’70s, when the failures of benevolent leftism (which we called “liberalism”) were becoming clear. So there was a reaction: Lock more people up.

That reaction fizzled in recent years, and, perhaps not wholly coincidentally, crime on a city-by-city case, as well as nationally, has increased. 

Nevertheless, during this period another policy has gained a huge momentum: instead of disarming the populace, arm them!

How’s that going? The most recent case study is in Maine, which in 2015 allowed permit-less concealed carry of firearms.

“While rates of violent crime increased nationally from 2015 to 2020,” writes Steve Robinson in “Maine Crime Fell Following 2015 Repeal of Gun Control Law” (MaineWire, December 29, 2022), “the rate of violent crime in Maine fell steadily beginning in 2015, after a slight increase from 2014 to 2015, according to data collected by the FBI’s Uniform Crime Reporting Program.”

Robinson notes that while the Maine experience doesn’t prove that “an armed society is a polite society,” it falsifies, quite clearly, the catastrophic predictions made by gun control advocates back in 2015.

I hazard it does much more. It shows that distributed power (in this case, firepower and defensive capacity) in the peaceful population is a separate, non-left/non-right solution to the age-old problem of crime.

This is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights Fourth Amendment rights international affairs

The Chinazis Next Door

The Russians Are Coming! The Russians Are Coming!

This 1966 comedy about the accidental grounding of a Soviet submarine off the coast of New England was nominated for four Academy Awards and captured the Golden Globe Award for best motion picture.

But a remake exclaiming “The Chinese Are Coming!” would be old hat: They’re already here

“The People’s Republic of China has opened at least three police stations on Canadian soil as part of an alleged attempt by the country’s security state to keep an eye on the Chinese-Canadian diaspora,” The National Post informed last month.

“Canada-based dissidents of the Beijing government have long warned Canadian authorities that they face organized harassment from Chinese authorities,” The Post added.

A new report by Safeguard Defenders, a Spain-based foundation working for human rights in Asia, reveals there are now 54 of these Chinese “service stations” in 30 countries . . . including one in New York City.

The organization warns of “China’s growing global transnational repression,” explaining that in the last year 230,000 expats were “persuaded to return” to China but “these returns are often obtained by visiting extreme sanctions on the families of those targeted, such as asset seizures and prohibition from seeking government health care or education.”

In another recent report noted by The Globe and Mail, “the United Nations human-rights office said it found ‘patterns of intimidations, threats and reprisals’ against Uyghurs and other Chinese nationals living overseas who had spoken out against Beijing.”

Just last week, “El Correo published direct corroboration from Chinese authorities” of “illegal policing operations” with an anonymous Chinese official telling the Spanish paper, “The bilateral treaties are very cumbersome, and Europe is reluctant to extradite to China. I don’t see what is wrong with pressuring criminals to face justice. . . .”

The message to Chinese dissidents is clear: “You’re not safe anywhere.”

Are we?

This is Common Sense. I’m Paul Jacob.


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Fourth Amendment Dead?

Unconstitutional actions are constitutional.

A federal judge doesn’t say so explicitly, but that’s what his ruling amounts to.

The case, which we discussed previously, involves U.S. Private Vaults, a Beverly Hills company that the Federal Bureau of Investigation raided last year. The company has been fined $1.1 million for money laundering because it let dealers anonymously keep cash in its safe deposit boxes.

Judge Gary Klausner concedes that the FBI lied to obtain a warrant, planning to seize the property of all boxholders whether or not there was any evidence of a crime against a given boxholder. And to this day, “specific criminal conduct has not been alleged against customers.” Nevertheless, Klausner ruled that despite the lie, it was constitutional for the FBI to grab the boxes’ contents.

Of course, if the warrant authorizing the FBI to ignore Fourth Amendment protections against unreasonable searches and seizures had been honestly solicited, that still would not have transmuted unconstitutional actions into constitutional ones.

“The court does not deny that the government had an improper motive when it applied for its warrant,” observes Rob Johnson, an attorney with the Institute for Justice, which is representing the boxholders.

“But it says that fact is irrelevant unless the improper investigatory motive was the only reason that the Government opened the safety deposit boxes. . . . If today’s shocking decision stands, it will set a dangerous precedent that will allow the FBI and other law enforcement agencies to bypass the Fourth Amendment.”

Thankfully, the Institute for Justice doesn’t regard the case as closed. It will appeal.

This is Common Sense. I’m Paul Jacob.


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Against the Regime

Recently, a tyke and his mommy were booted from a Big Apple Applebee’s because the little boy lacked a vaccine passport.

That is, the mother possessed no proof that her son had been vaccinated against the disease of the day.

Now, parents have every right to refrain from getting their kids injected — especially given the low risk that kids will become seriously ill from COVID-19 and the non-negligible risk of harm from vaccine side effects.

But such considerations didn’t prevent a gang of police — no students of Mayberry’s Sheriff Andy Taylor — from ordering the expulsion. (There’s video.)

Residents of New York City’s vaccination regime can at least move to another town. People elsewhere, in larger jurisdictions — Austria, Australia, England — face greater difficulties escaping pandemic tyranny. But, like us, they can protest and they can sue.

In England, a group called Big Brother Watch is challenging the COVID Pass Scheme imposed by the government of Boris Johnson. Their lengthy “pre-action letter” argues that no evidence exists that the passes will reduce the spread of the virus and that the scheme is “unnecessary and disproportionate.”

Amidst so much “information” under dispute, we know three things.

One, for all the suffering and death it has inflicted on the most vulnerable, the current pandemic is hardly the Black Death. It isn’t even the Spanish flu.

Two, being “vaccinated” against COVID-19 does not prevent one from becoming infected or from infecting others.

Three, shutting down society also inflicts suffering. Great suffering. As must shutting down whichever segments of society decline Draconian mandates.

Maybe the scourge of tyranny isn’t the best balm for the scourge of COVID-19.

This is Common Sense. I’m Paul Jacob.


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