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crime and punishment Fourth Amendment rights

Cops vs. Mobs, Tyranny vs. Law?

“He was stuffed into what may have been a rental van operated by unmarked federal agents,” explained Cato Institute’s Patrick Eddington, “and taken to the federal courthouse, where he was interrogated without counsel. He wisely refused to answer questions and was then subsequently released without any kind of charges being filed.”

Eddington concluded: “I think most people would call that kidnapping.” 

The “he” — detained and questioned by federal agents* in Portland, Oregon — is Mark Pettibone. Whether the van was rented is irrelevant, nor do these agents or their vehicles require any marking.

And criminal suspects can lawfully be held for questioning. 

“So that we understand how police may remove someone from the streets,” Cato Daily Podcast host Caleb Brown adroitly offered, “we understand that they need to identify themselves.… that people who are placed under arrest retain certain rights to communicate with the outside world, to assert their ability to have a lawyer present for questioning.

“It seems that perhaps,” added Brown, “asking for a lawyer was the trigger here” resulting in Mr. Pettibone’s release.

Eddington agreed, but then announced that it “really does have the feel of Argentina or Chile in the 1970s, with the disappearances that took place. The only thing lacking was Mr. Pettibone being murdered by those agents.”

That is one big “only”!

“This is being done essentially to try to suppress protests in this country,” argued Eddington. “It has nothing to actually do with protecting monuments.” 

“We’re talking only about violent rioters,” Homeland Security Deputy Secretary Ken Cuccinelli told NPR. “We’re not talking about actual protesters. We’re not seeking to interfere at all with anyone peacefully expressing themselves — period, full stop.”

Following the rule of law means protecting peaceful protests. And welcoming an investigation into the federal role in Portland. More concerning than Mr. Pettibone’s detention is the continued use of so-​called non-​lethal weapons, which seriously injured a protester weeks ago.

But the rule of law also means protecting Portlanders and their property against violence and destruction. And welcoming an investigation into the state and local dereliction of duty in Portland. 

This is Common Sense. I’m Paul Jacob.


* The Department of Homeland Security acknowledged that agents with the CBP (Customs and Border Protection) were “cross designated to support FPS” (the Federal Protection Service) in Portland “because of the demand for more manpower in light of the violence.”

Note: Walter Olson, a senior fellow at The Cato Institute’s Robert A. Levy Center for Constitutional Studies and founder of the blog, Over​lawyered​.com, details what we know about the Portland controversy. 

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crime and punishment folly

Qualified Backlash

Extreme forms of protest — that is, rioting, looting, and street violence, as well as chanting about killing people, carrying torches, and the like — don’t help the cause of those who engage in it.

You know it; I know it — but is it common knowledge?

So, as a contribution to the common wisdom of Homo (hopefully) sapiens politicus, let us stress the truth, which we can now back up with a study published in the Journal of Personality and Social Psychology. 

Eric W. Dolan, writing on PsyPost, explains that six experiments involving 3, 399 participants “assessed how different types of protest behaviors influenced support for a variety of progressive and conservative social causes, including the Black Lives Matter movement and the anti-​abortion movement. They found that more extreme behaviors — such as the use of inflammatory rhetoric, blocking traffic, and vandalism — consistently resulted in reduced support for social movements.”

While “extreme protest behaviors” garner media attention, they turn away more people than they bring in.

“We found extreme anti-​Trump protest actions actually led people to not only dislike the movement and support the cause less, but to be willing to support Trump more,” the researcher who talked to Dolan, said. “It was almost like a backlash.”

Almost?

Protest organizers have to understand that their enemies also know this backlash effect, and have incentives to corrupt peaceful protests by sparking extremism. Infiltrators from governments as well as opposing groups have been known to incite riots or cause destruction simply to discredit protests. 

While destruction and mayhem by some do not negate the crying, dying need for criminal justice reform,* the tragedy remains: violence does spoil good will.

And calling in federal troops, as the president threatens, discredits almost everything. What a mess.

This is Common Sense. I’m Paul Jacob.


* Much better than the turn to violence? Protest morphing into specific legislative and administrative reform. Ending “qualified immunity” for public officials, mentioned here Friday, and proposed by Representative Justin Amash (L‑Mich.), would be a great start.

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crime and punishment ideological culture

Victimhood Conspiracy

When a purported Antifa group tweeted an “alert” on Sunday, instructing “Comrades” to “move into residential areas … the white hoods … and we take what’s ours,” tagging it “#BlacklivesMaters #F**kAmerica,” Twitter closed the account. 

Few would object. 

That was criminal incitement to riot, and worse.

But when Twitter, Facebook and YouTube remove client content for arguing things about the coronavirus that does not fit with government bodies’ officially approved information, something else is going on. 

Last week, President Donald Trump warned of the dangers to election integrity of switching to mail-​in ballots. So Twitter flagged his tweet, implying it as non-factual.*

I am not going to defend the wisdom or legality of Trump’s threats — on Twitter or by executive order. But one characterization of the whole affair by Elizabeth Nolan Brown at Reason seems a … bit … off.

“The order relies heavily on conservatives’ victimhood conspiracy du jour: that social media companies are colluding to suppress conservative voices,” Ms. Brown wrote last Thursday. “It’s an objectively untrue viewpoint, as countless booted and suspended liberal, libertarian, and apolitical accounts can tell you.”

The fact that non-​conservatives have been de-​platformed does not actually work against the supposition that the social media outfits are colluding against conservatives. It remains a problem if conservative thought is suppressed along with libertarian and anything else heterodox. These companies do conspire to suppress opinions they do not like, and influencers they regard as dangerous.

To center-​left establishment opinion.

These social media behemoths aim to defend their approved news and opinion against what they regard as “fake news.” Thereby suppressing free debate and inquiry.

Opposing Trump’s reaction does not require pretending that these companies’ policies are not deeply problematic.

Concern about open and robust debate is not a mere “victimhood conspiracy du jour.”

This is Common Sense. I’m Paul Jacob.


* How a prediction can be a factual matter is a bit odd. But let that slide, I guess.

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general freedom international affairs Popular

Protests and Propaganda

Poised to gobble up Hong Kong whole, completing the process Britain began when it ceded the colony back to China in 1997, the government of China remains concerned about world opinion, for it engages in massive propaganda.

“When a projectile struck a Hong Kong woman in the eye this week as protesters clashed with the police, China responded quickly,” explains an article in the New York Times. “Its state television network reported that the woman had been injured not by one of the police’s bean bag rounds, but by a protester.”

But that’s not the only kind of propaganda. If you have spent any time on Instagram, for example, you have probably seen the posts of Chinese people decrying the scandal and shame of how Hong Kongers resist government efforts at hegemony.

There is a name for this latter form of propagandist, “the fifty cent party” because the Communist Party is said to pay social media users for each pro-​government post … though almost certainly not 50¢.*

The basic idea, according to General Secretary Xi Jinping, is to “to strengthen media coverage … use innovative outreach methods … tell a good Chinese story, and promote China’s views internationally.”

And managing its own population, as when, according to the Times, state media “posted what it said was a photo of the woman counting out cash on a Hong Kong sidewalk — insinuating, as Chinese reports have claimed before, that the protesters are merely paid provocateurs.”

These young street protestors are almost certainly not mercenaries, though they have sometimes faced what appear to be hired thugs. 

The protests are a kind of insurrection. Strong resistance, at least, to being totalitarianized.

This is Common Sense. I’m Paul Jacob.


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video

It’s (not) a Gas: the “Yellow Jacket” Riots

While in America we are not immune to government-​induced too-​high prices for fuel, in France it is worse. The rioting there got a rise out of the now much-​despised President Macron, this week. But is all the tumult over just gasoline prices? It has become much more.

And dangerous. But what should we expect? The French people have been treated very poorly by their government:

Categories
crime and punishment media and media people

Absence of Talk

Yesterday morning, Paul Waldman of the Washington Post wondered why libertarians and limited government conservatives weren’t all over the Ferguson riot suppression, and the police shooting that sparked the whole fracas. He recognized that Reason magazine’s website has covered it, but, he noted, “the politicians and conservative media figures who claim to be the most fervent advocates of individual freedom and to care the most about misuse of government power have been silent.”

One might be tempted to conclude they believe that when somebody’s grandson has to pay taxes on their inheritance, it’s a horrifying injustice that demands redress, but when somebody else’s grandson gets shot walking down the street, that’s just how things go sometimes.

Or maybe one should yield, instead, to the temptation to wait and see what they say when they say it. Rep. Justin Amash tweeted about it later in the day. But Waldman got his licks and innuendo in first.

The whole thing smacks of bad government to me — deadly misgovernment — but I can understand why many folks might want to reserve judgment.

Weighing on the wait-​and-​comment-​later side of this particular debate, it is worth acknowledging that the information so far has been awfully confusing. Especially since the Ferguson government has been cracking down on reporting and video recording, as well as being not very forthcoming about the initial shooting or the autopsy.*

The 24-​hour news cycle is bad enough. The 24-​hour commentary/​reaction cycle is doubly daunting. Forgive me if I don’t have anything profound to say yet. I’m sure, when the facts become clearer, at least I will make my thoughts known.

Isn’t it too early to make comments about comments not made?

This is Common Sense. I’m Paul Jacob.

 

* Those are good reasons to be protesting in Ferguson. There are no good reasons for looting Ferguson businesses.

Categories
ideological culture

Alfred Nobel Rolls Over

The Nobel Committee, having whetted its appetite for absurdity with a long string of goofy Peace Prize Awards, especially but not limited to the 2009 award for Barack Obama (who had done nothing but get elected to earn it), went all the way by giving the 2012 award to the European Union.

Barack Obama went on to become a “war president,” even regularly picking targets for assassination by drone. So, could Europe continue the trend and head straight towards war?

Maybe. Last year, former French Prime Minister Alain Juppe warned that the unions debt crisis could lead to “the explosion of the European Union itself,” and warned of growing nationalism. And violent unrest.

Dire warnings from former heads of state are one thing. Actual military movements are another. And Switzerland seems to be preparing for the worst:

The Swiss defense ministry told CNBC that it doesn’t rule out having to deploy troops in the coming years.

“It’s not excluded that the consequences of the financial crisis in Switzerland can lead to protests and violence,” a spokesperson told CNBC​.com. “The army must be ready when the police in such cases requests for subsidiary help.”

Talk about financial contagion!

Cooler heads may prevail, of course. Matthew Feeney, writing at reason​.com, notes that the “most obvious argument against the possibility of war is that there are no likely candidates for the part of aggressor.” And Europe hasn’t exactly been engaging in a massive military build-​up, unlike before the two world wars.

Alas, that doesn’t preclude massive rioting and uprisings.

Sovereign financial bankruptcy usually follows war, rather than preceding it. I guess that provides something like hope.

This is Common Sense. Im Paul Jacob.