Posts From: February, 2011

I, Racist

Friday, February 18th, 2011

Chauncey de Vega invokes the Clarence Thomas Rule.

I should add here that I think Herman Cain is wrong about a lot of things. It has never really occurred to me that he’s wrong about them because he’s black. He’s wrong about them because, well, because he’s wrong about them.

Had one of its writers used similar slurs against a black personality who wasn’t an outspoken conservative, I’m fairly certain Atlernet would have wasted no time in severing the relationship. Which means that Alternet editors aren’t really opposed to racism. They’re fairly tolerant of racist slurs when they’re directed at black people who don’t think the way Alternet editors believe black people are supposed to think. And when it comes right down to it, harboring notions about what opinions black people should and shouldn’t be permitted to have is, in itself, pretty darned racist, isn’t it?

De Vega anticipates and  meekly attempts to deflect this point by noting how important it is for there to be a diversity of political opinion in the black community . . . just before lambasting Cain for having opinions black people should never have.

Note also that among the race-traitor transgressions de Vega lists as justification for calling Cain racist names is the fact that Cain has spoken in front of groups funded by the Koch brothers. If that makes Cain a self-hating black man, I suppose, then, that the rest of us who work for or have spoken to Koch-funded organizations also hate black people.

Which means I learned something new about myself today. I guess I can take comfort in the fact that as a newly-minted racist, I’m at least in company with the good folks at Alternet.

Friday Links

Friday, February 18th, 2011
  • Another isolated incident. And this time, a particularly inept one.
  • Long and stabby things.
  • I’ll be writing about this in my column on Monday, but here’s another study showing problems with the use of police dogs. My favorite bit is how the tests designed to fool the handlers were twice as likely to produce false alerts as the tests designed to fool the dogs.
  • Father gets a $275 ticket for not wearing a helmet at a skateboard park. It apparently doesn’t matter that he wasn’t skateboarding.
  • Man convicted of murder despite no body, no physical evidence of a crime, and no proof the alleged victim is actually dead.

About That Constitution

Thursday, February 17th, 2011

The GOP shows that for all their recent rhetoric about the sacredness of the Constitution, the document is really little more than a political prop.

Today, Democrats offered a motion to recommit on legislation to extend expiring provisions of the PATRIOT Act to ensure that PATRIOT Act powers are not used to violate the Constitutional freedoms and protections guaranteed to all Americans. The motion included two parts:

No Constitutional shortcuts. When investigating American citizens, the government must comply with the Constitution, even in national security investigations

Challenging unconstitutional action. If a citizen challenges the government’s use of PATRIOT Act power in a court of law, the case must be expedited to ensure the individual’s rights are upheld.

Just two House Republicans voted for the measure. Sure, this was a stunt by the Democrats. Sort of like the “read the bills” proposals from Republicans are, also, stunts. But that’s sort of the problem. We’ve reached the point where merely asking the government to respect the constitutional rights of American citizens, or that members of Congress actually read bills before they vote on them, have become quaint notions; handy for political posturing, but they’re ideas that tend to elicit only scoffs from serious Washington people.

The Criminalization of Borat

Thursday, February 17th, 2011

Evan Daniel Emory, 21, got permission from Beachnau Elementary School officials in Michigan to record himself singing the song “Lunch Lady Land” in front of a class of first graders, but under the false pretense that he wanted to use the video as part of his application to a school of education. Emory was actually planning a comedy bit. He later dubbed in sexually profane lyrics and posted the video to YouTube, making it look as if he had sang the dirty lyrics directly to the children.

And then all hell broke lose in Ravenna, Michigan.

Now, I can understand if Beachnau school officials and parents don’t share Emory’s sense of humor. I can understand a parent becoming rather irate upon learning that Emory had serenaded the kids with filthy lyrics. And even after learning that the dirty audio had been dubbed in, I can also understand a parent might still be ticked off that his kid’s face appeared in the finished product. (The video is obviously offline now, but according to the article, it begins with Emory writing on a chalkboard, “Disclaimer: No children were exposed to the ‘Graphic Content’ of this video.”)

All of which is good reason to demand Emory take down the video. It might be good reason to sue him. And maybe you fine Emory for lying to school officials about his intentions. But some in Ravenna are predictably calling for his head.

So let’s give due praise and kudos to Muskegon County Prosecutor Tony Tague, who showed some rare perspective in all of this. Tague recently held a press conference in which he calmly explained to angry parents and a hysterical local media that we don’t throw people in prison for having a bad sense of humor. Here’s Tague:

“Look, I know a lot of people are upset. But the video has been taken down, and the actual damage done to the kids is minimal. They didn’t actually hear the sexually suggestive lyrics. Any time you have a story about sex, children, and the Internet, there’s going to be a tendency for some people to overreact. Mr. Emory showed incredibly poor judgment here, and I hope he has learned his lesson. But my job is to fairly apply the law, and I simply don’t think it would be in the interest of justice to charge Mr. Emory with a crime just to register our moral outrage at his prank.

Oh, wait. That’s what Tague should have said. Here’s what he actually said:

“The bottom line in this case is that he walked into a classroom and took advantage and victimized every single child in that classroom,” Tague said.

“This case is very disturbing to law enforcement officials. We have launched a full-fledged investigation with the sheriff.”

Tague said Michigan law ‘provides penalty’ for those who actually manufacture child sexual abusive material “but also has a provision for those who make it appear that the children were actually abused.”

Emory has been arrested. He’s currently charged with a felony punishable by 20 years in prison.

Apropos (via Chris Berez):

Reminder: Nashville Meetup Tonight

Thursday, February 17th, 2011

If you’re in the Nashville area, come out to Mafioza’s tonight from 5:30 to 9:30pm.

I’ll be there, along with copies of Reason, and the folks from Liberty on the Rocks.

The New Professionalism

Thursday, February 17th, 2011

Off duty female police sergeant gets into a bar fight with another woman, smashes a glass into the woman’s head, then grinds the shards into her scalp.

The good news? The Detroit Police Department fired her, and the DA charged her with aggravated assault.

The bad news? She’s now deputy police chief for the town of Highland Park.

Morning Links

Thursday, February 17th, 2011

Former Sen. Dick Swett Unavailable for Comment

Wednesday, February 16th, 2011

From my native Hoosier state:

A former Indiana mayor who won over voters in the 1930s is proving less popular with modern city leaders trying to choose a name for a new government center.

Harry Baals (bawlz) is the runaway favorite in online voting to name the new building in Fort Wayne. But Deputy Mayor Beth Malloy tells The Journal Gazette that the city probably won’t name the center after its longest tenured mayor because of the jokes it could inspire.

No business sense, these testy politicians. T-shirt sales to the frat guy market alone could probably fund next year’s city budget.

The ACLU and the New Politics of Civil Libertarianism

Wednesday, February 16th, 2011

A few months ago, I pointed to a number of wrongheaded criticisms of the ACLU coming from the right. The criticisms were unfounded mostly because they accused the ACLU of being absent on issues where the organization has actually been quite active.

Over at the Atlantic, Wendy Kaminer makes a much sounder criticism of the organization (and not just because she plugs Reason). Kaminer writes that the ACLU is offering a subscription to the Nation as a premium to new donors and wonders why that is, given that magazine’s conditional support for free speech (Kaminer is referring to the Supreme Court decision in Citizens United, which the Nation angrily and aggressively opposes, and which the ACLU supports).

Kaminer argues—correctly, I think—that the ACLU is blowing an excellent opportunity to forge new alliances, and to tap into the small but growing civil liberties contingent on the right. She also argues that too much of the left has become so blinded by hate for free marketeers that they’d rather write off the civil liberties stuff than soil themselves by associating with Cato or Reason on those issues.

That’s also a fair point. Think back to the TSA backlash, where the Nation‘s first reaction to growing concerns among libertarians about the organization’s new pat down and scanner policies wasn’t to support the critics, but to question their motives. When the Heritage Foundation started making some noise about criminal justice reform, the first reaction from the lefty twits at Media Matters was to accuse them of being soft on crime.

But I don’t think this criticism applies to the ACLU. I’ve spoken at several ACLU events, and have found them helpful on a number of stories. Cato has both put out several publications with contributions from ACLU officials and hosted events with ACLU speakers. I’d imagine that when the ACLU is looking to raise money, they’re inclined to turn to campaigns that have been successful in the past. And yes, most of their donors have traditionally come from the left.

That said, I think it’s good that someone like Kaminer is prodding the organization to broaden its alliances. It’s worth noting that the only U.S. senator who publicly spoke out against renewal of the PATRIOT Act was Sen. Rand Paul (R-Ken.), the Tea Party-backed Republican who generally elicits nothing but contempt from the left. If Rep. Jeff Flake can pull out a win in the race to replace retiring Arizona Sen. John Kyl, you could make a strong case that come 2012, two of the stronger civil libertarians in the Senate will be Republicans. (That’s a steep curve, of course. The American Prospect’s Adam Serwer I think strikes the right tone on Paul’s civil liberties pluses and minuses here.) There’s also a growing sentiment on the right in favor of prison and criminal justice reform.

The ACLU would do well not only to reach out to the libertarian-oriented politicians on the right, but to more actively promote the work it has done on issues that crowd cares about, like its criticism of TSA, its support for Citizens United and opposition to other restrictions on political speech, its involvement in opposing zero tolerance policies in public schools, its opposition to the PATRIOT Act, and its opposition to unfair asset forfeiture laws.

Part of the right will always hate the ACLU, just out of dumb, blind partisanship. And part of the left will always question the motives of civil libertarians who also happen to support free market policies—and for the same reason. But this renewed interest in civil liberties in some conservative circles is encouraging. Kaminer is right. Genuine civil liberties advocates on the left ought to embrace it, and figure out where they can work together to effect some positive reform.

Further Adventures in Zero Tolerance

Wednesday, February 16th, 2011

A school district in Colorado is forbidding a kid from taking his anti-seizure medication. Why? Because it contains THC, the active ingredient in marijuana. But it’s not like he’s smoking up between classes. It’s a damned lozenge.

They shouldn’t have had to, but the kids parents quite reasonably asked if he could be permitted to walk home during the day to take the drug. Nope. There are rules to be followed.

You know what would be great? If public school boards had as little tolerance for crappy teachers and boneheaded administrators as they do for demon drugs.

How Hard Is It To Fire a Police Officer?

Wednesday, February 16th, 2011

According to the Orlandon Sentinel, Davie, Florida police officer Kevin Kilpatrick has been on paid leave for seven years. During that time, he has received full pay and benefits, plus annual raises. He has collected more than a half million dollars for doing nothing. The department has twice tried to fire Kilpatrick because of an alleged DUI and an alleged attempt to cover up a domestic abuse incident. Both times the department was overturned (once by an arbitrator, once by a federal judge) for violating agrements in the union-negotiated police contract.

If Kilpatrick can hold on until 2014, he’ll get to retire with a full pension.

Those Nerds Are a Threat to Our Way of Life

Wednesday, February 16th, 2011

Headline of the day.

Morning Links

Wednesday, February 16th, 2011
  • An invitation to this event arrived in my email. I think I’ll pass. A colonoscopy sounds like a more pleasant way to spend an evening.
  • National Research Council study says the FBI overstated the science in its case against accused anthrax killer Bruce Ivins.
  • Rick Santorum talks about his “Google problem”. I like that his defenders are appealing to civility. The guy thinks there should be laws preventing gay people from having sex in their own homes, and likens homosexuality to pedophilia and bestiality.
  • I don’t know much about this case, but the summary has all the red flags of yet another bogus sex abuse prosecution. It also comes with natural suspicion of any case handled by Maricopa County DA Andrew Peyton Thomas.
  • Scottish Deerhound wins Best in Show at Westminster. I like these dogs. They look like Muppets.
  • In Baltimore, a police officer is supposed to review red light camera citations to match the license plate with the person who is issued the ticket. Somehow, 2,000 red light tickets were recently verified with the signature of a police officer who is dead.
  • Slate looks at the new Frank Gehry building in Miami.

Take Arizona. Please.

Tuesday, February 15th, 2011

Here’s a headline that will drive a libertarian to drink.

Texas Declines Compensation for Wrongly Convicted Man Who Spent 18 Years on Death Row

Tuesday, February 15th, 2011

I first wrote about the Anthony Graves case last October. He was released after 18 years on death row. He was convicted of helping Robert Earl Carter kill six people in 1992. Graves was convicted based on testimony from Carter (which Cater later recanted) and police officers who claimed to have overheard jailhouse chatter implicating Graves.

The U.S. Court of Appeals for the Fifth Circuit, which initially granted Graves a new trial, went out of its way to point out the prosecutorial misconduct of then-DA Charles Sebasta, including withholding exculpatory evidence and knowingly putting on false evidence.

Bill Parham, the DA for Washington and Burleson counties and the man who dropped the charges against Graves, told the Houston Chronicle last year: “He’s an innocent man. There is nothing that connects Anthony Graves to this crime. I did what I did because that’s the right thing to do.”

Unfortunately, the court order allowing Graves to be released didn’t include the word “innocent”, a word usually reserved for DNA exonerations. Under Texas law, that means Graves is ineligible for compensation for a wrongful conviction.

Canadian City Reluctantly Agrees That It’s Permissible To Celebrate Your Freedom on Your Own Property Without First Getting Government Approval

Tuesday, February 15th, 2011

In August, I posted about Lech and Marta Jaworksi, who along with their son Peter host an annual Liberty Summer Seminar on their property in Clarington, Ontario. Last year, the couple was threatened with a $50,000 dollar fine for violating local zoning ordinances. The sad irony here is that a couple who emigrated to Canada in the 1980s to escape communist Poland would face a potentially bankrupting fine for putting on a conference celebrating freedom.

I’m happy to report that thanks to some legal help from the Canadian Constitution Foundation, all charges against the Jaworski’s have now been droppedNational Post coverage here.

Morning Links

Tuesday, February 15th, 2011
  • Headline double entendres of the day, here and here.
  • No indictment in the police killing of D.J. Henry.
  • Smart piece by Christopher Beam on the disparity between the crime rate versus public perception of the crime rate.
  • Skip Oliva on the NFL and crony capitalism.
  • The public health fanatics who took down Four Loko now taking aim at non-alcoholic energy drinks. These idiots aren’t going to stop until they’ve childproofed everything.
  • This is probably something to start worrying about, don’t you think?

My Crime Column This Week . . .

Monday, February 14th, 2011

. . . is on the Nancy Smith and Joseph Allen ritual sex abuse case in Ohio.

Another Isolated Incident

Monday, February 14th, 2011

Two Rutgers students are suing the New Brunswick, New Jersey, police department, claiming they were beaten during a mistaken drug raid:

“I didn’t hear anyone say ‘police’ or anything, I thought we were being robbed,” said Jake Kostman, a Rutgers University student.

Two Rutgers roommates say they were sleeping in the early morning hours of December 10th and had no idea who was barging into the basement room they share in an off-campus house in New Brunswick.

“I got hit in the face; I got hit in the ribs. That’s basically what happened,” said Kareem Najjar, a Rutgers University student.

“I remember basically waking up to being hit, on the side of my face, on my back I got kicked a couple of times and stepped on,” Kostman said.

Pictures show boot marks left on Kostman’s back.

“One person was standing on my back another was standing on my head,” Najjar said.

“It’s really scary, really intimidating when there are people just yelling at your and hitting you, you don’t believe that it’s something that cops would do,” Kostman said.

The roommates say it wasn’t until they were handcuffed that they were told this was a raid by New Brunswick Police who apparently had a warrant for someone else in the house.

“You were never arrested?” Eyewitness News reporter Sarah Wallace asked.

“No, and we asked why we were being arrested and they said, ‘you’re not being arrested you are being detained’,” Najjar said.

Once they were finally released, they say the cops had ransacked their room, and left them sitting for nearly two hours in their underwear in the cold.

Kostman claims his handcuffs were so tight and on for so long, he now has permanent nerve damage in his thumb.

“I don’t think anyone should ever be allowed to just come into your house and just beat the crap out of you,” Kostman said.

That does seem like a pretty sensible rule of thumb.

The link above includes a video with photos of the injuries. According to this article, police found ecstasy, pot, and LSD elsewhere in the house, but the fact that these two weren’t arrested or charge suggests they rented the basement separately.

It’s His Party, and He’ll Cry If He Wants To

Monday, February 14th, 2011

Remember folks, every time a social conservative cries, a hot, naughty angel loses her wings.

Ron Paul, though technically still a Republican, has given up his GOP identity to embrace the chance to be the poster child for the more libertarian streak that has run rampant through CPAC, largely unabated for the past two years. . . Gary Johnson was only added to the lineup at the last minute, his presence stoking the flame of immoral libertarianism that actually advocated for legalized pot and the redefinition of marriage to include homosexual unions.

In other words, this year’s CPAC wasn’t about advancing conservatism. Rather, it exposed the radically disrespectful element of the libertine. . .

It is the libertarian in attendance that produced the free pornographic calendar passed out to attendees in 2010. It is the libertarians in attendance who openly promote the inclusion of groups like GOProud, largely as an attempt to silence groups who would speak in strong support of traditional moral values. It is the libertarian in attendance who slandered President George Bush, by claiming his appreciation for the Constitution was best summed up as a “damn piece of paper.” It is the libertarian in attendance that proclaimed the war to prevent terrorists from regathering strength and coming after our homeland as “illegal.” And it is the libertarian in attendance that eschewed, booed, cajoled and screamed “war criminal” to Vice President Dick Cheney, a man who served his country with commitment and still attempts to help the world understand the threat of the radical Islamic element devising plans to eliminate us and our allies.

Wait, someone was handing out pornographic calendars at CPAC? How can I get one?

I think my favorite CPAC moment comes from Julie Borowski’s Twitter feed:

I witnessed someone calling Ron Paul people a “cult” while eating a cake shaped like Reagan’s face.

Nashville Meetup This Week

Monday, February 14th, 2011

Okay, Nashville-area Agitatortots, I think it’s about time we had a meetup.

The folks at the Nashville chapter of Liberty on the Rocks asked if I would come to their monthly happy hour this week. That seems like a pretty good way to do the meetup, too. So let’s do this.

Details: This Thursday from 5:30-9:30pm at Mafioza’s, 2400 12th South Ave.

Beers are two for one. So come have two. If this goes as previous meetups have gone, there will be much revelry and camaraderie, plus discussion of The Wire, dogs, the Cory Maye case, and brief but serious debate about that one post from a few months ago that was really the only time you’ve ever disagreed with me.

Sunday Evening Dog Blogging

Sunday, February 13th, 2011

It hit 60 degrees today. That, of course, is dog park weather.

Sunday Links

Sunday, February 13th, 2011
  • Funny clip, but the guy missed a golden opportunity to hit Steve Harvey with a “yo’ momma” joke.
  • The Bill O’Reilly “Can’t Explain That” meme.
  • So in addition to its sex offender registry, the state of Iowa also has a child abuse registry. And, surprise!, it’s fraught with problems. Key line: “It takes no conviction in court to end up on the registry – only a finding by Iowa Department of Human Services staff that it was ‘more likely than not’ that the person neglected a child or, in a much smaller number of cases, abused a child.”
  • A slideshow of newborn zoo animals.
  • Most bizarre argument against allowing Walmart in an urban area I’ve seen to date: “Addressing a small, anti-Wal-Mart rally at City Hall on Monday, Speaks said young people would get criminal records when they couldn’t resist the temptation to steal.”
  • Ron Paul wins CPAC presidential straw poll. Gary Johnson comes in third. Unfortunately, the results likely aren’t reflective of where the GOP is headed, given that the scary gays and Muslims kept all the social cons at home this year. Still, it’s good to see a growing libertarian influence on the right.
  • Speaking of which, the conservative activist group Young Americans for Freedom has given Ron Paul the boot for his anti-war positions. “It’s a sad day in American history when a one-time conservative/libertarian stalwart has fallen more out of touch with America’s needs for national security then our current socialist presidential regime.” I’d submit that it’s a sad day for the conservative movement when support for endless, futile nation-building in two decade-old wars is a prerequisite for membership.

Atlanta PD Will No Longer Harass Citizens Who Record Cops

Saturday, February 12th, 2011

More of this, please.

Faced with complaints from a citizen watchdog group, Atlanta police will stop interfering with people who videotape officers performing their duties in public, an agreement reached with the city Thursday says.

The settlement, which also calls for the city to pay $40,000 in damages, requires city council approval.

The agreement resolves a complaint filed by Marlon Kautz and Copwatch of East Atlanta, a group that films police activity with cell phones and hand-held cameras. The group has volunteers who go out on patrols and begin videotaping police activity when they come across it.

Last April, Kautz said, he pulled out his camera phone and began recording Atlanta police who were arresting a suspect in Little Five Points. Two officers approached him and said he had no right to be filming them, Kautz said. When Kautz refused to stop, one officer wrenched Kautz’s arm behind his backt and yanked the camera out of his hands, he said…

Kautz said that when he asked to get his phone back, another officer said he’d return it only after Kautz gave him the password to the phone so he could delete the footage. When Kautz refused, police confiscated the phone, he said. When police returned it, Kautzsaid, the video images had been deleted, altered or damaged.

As part of Thursday’s settlement, reached before a civil rights lawsuit was filed, the city will pay Kautz and Copwatch of East Atlanta $40,000 in damages. APD will also adopt an operating procedure that prohibits officers from interfering with citizens who are taping police activity, provided individuals recording the activity do not physically interfere with what the officers are doing. The policy is to be adopted within 30 days after the Atlanta city council approves the settlement, and training is to be carried out during police roll calls.

Atlanta’s Citizen Review Board, which was formed in the wake of the Kathryn Johnston raid, also recommended that the offending officer be suspended for four days without pay.

Saturday Links

Saturday, February 12th, 2011