Minor Thoughts from me to you

Archives for Civil Liberties (page 1 / 4)

Why You Need to Stop Saying "All Lives Matter"

Why You Need to Stop Saying "All Lives Matter" →

I can't possibly say this better than Rachel Elizabeth Cargle did, two months ago, in Harper's Bazaar.

Black lives did not matter when they were inhumanely transported like livestock from Africa. Black lives did not matter when they were lynched by the hundreds at the hands of the KKK. Black lives did not matter when they were attacked by dogs as they protested for equal rights.

With the weekly news cycle seeming to, without fail, include the death of at least one black boy at the hands of the police, or the body of a black woman being thrown to the ground by local law enforcement, or a black child being manhandled by the services meant to protect them, my heart sinks as I cling to the desire that black lives will matter.

If a patient being rushed to the ER after an accident were to point to their mangled leg and say, “This is what matters right now,” and the doctor saw the scrapes and bruises of other areas and countered, “but all of you matters,” wouldn’t there be a question as to why he doesn't show urgency in aiding that what is most at risk? At a community fundraiser for a decaying local library, you would never see a mob of people from the next city over show up angry and offended yelling, “All libraries matter!”—especially when theirs is already well-funded.

This is because there is a fundamental understanding that when the parts of society with the most pain and lack of protection are cared for, the whole system benefits. For some reason, the community of white America would rather adjust the blinders they’ve set against racism, instead of confront it, so that the country can move forward toward a true nation of justice for all.

My personal message to those committed to saying “all lives matter” in the midst of the justice-driven work of the Black Lives Matter movement: prove it. Point out the ways our society—particularly the systems set in place to protect citizens like police officers and doctors and elected officials—are showing up to serve and protect black lives. Illuminate the instances in which the livelihood of the black community was prioritized, considering the circumstances that put us into less-privileged spaces to begin with. Direct me to the evidence of justice for the bodies discarded at the hands of those in power, be it by unjustified murder, jail cell, poisoned water, or medical discrimination.

These are the things that must be rectified for us to be able to exhale. Until then, I'll be here, my black fist raised with Black Lives Matter on my lips.

The Biblical Problem With "Black Lives Matter"

What's the Biblical problem with "Black Lives Matter"? There isn't one.

Many, many people become very angry when they hear anyone say, "Black Lives Matter". They loudly respond with "ALL lives matter!", as though saying "black lives matter" means that only black lives matter.

Here's my take: All lives matter. But black lives getting ended has been widely ignored—as though black lives don’t matter. So I’ll happily emphasize that, yes, black lives matter.

Let me put it to you a couple of different ways.

Prodigal Sons Matter

Lisa Koons shared this on Facebook, and it was sent to me by a friend.

The father was waiting there with a big sign: #ProdigalSonsMatter

When the older brother saw it, he was angry, wouldn't attend the party, and moped around with his own sign #AllSonsMatter

Father: "Dude. It's not about you right now."

Lost Coins Matter

A woman owned 10 silver coins and lost one of them. She wrote #LostCoinsMatter on her planning board and cleared her schedule. Her friends, greatly desiring a brunch date, said, "But #AllCoinsMatter! You still have nine. Come with us!"

She, being wiser, said, "#AllCoinsMatter when you have all of the coins in hand. But when one is missing, #LostCoinsMatter and that coin temporarily becomes more important than all the rest."

She swept the floor. She turned on her brightest flashlight. She looked under every couch cushion, dumped out every bag, looked under every area rug, and searched on her hands and knees until she finally saw the bright gleam of her missing coin.

She'd missed the brunch date, but she'd ensured that now, truly #AllCoinsMattered.

Lost Sheep Matter

A man had one-hundred sheep and lost one of them. He threw up #LostSheepMatter on Twitter and asked for help finding it. His city-slicker cousin mocked him, saying #AllSheepMatter.

But the man left the ninety-nine in the pasture and searched for the lost one until he found it. He placed it on his shoulders and carried it home. When he got there, he texted his cousin saying, "#AllSheepMatter now that all of the sheep are home safe."

The Sermon On The Mount

Jesus said, "Blessed are the poor…"

A heckler from the crowd interrupted to say, "Well actually, all people are blessed, Jesus."

Hurt Cities Matter

Seen on Facebook:

For my all lives matter folks: when the Boston marathon was bombed everybody's profile picture went "Boston strong" nobody said "all cities are strong!"

When the Las Vegas shooting happened, people changed their profiles "stand with Vegas", nobody sais "well what about the people that got shot in my city?"

Have you ever seen someone counter a "breast cancer" post with "what about colon cancer?"

But for some reason if someone says "Black lives matter", it turns into all inclusive "all lives matter"

It's not an either/or proclamation. When there is a crisis we have always ralled around that particular group. It doesn't discredit or diminish any other group, it just bings awareness and support to the group that needs attention.

  • Unknown (if you figure out who the original author is please let me know so I can properly give credit)

Your Crime Matters

When your home has been robbed, do you want to hear your neighbor say, "#AllCrimesMatter"?

Buffalo Police have no respect for law & order

Buffalo Police have no respect for law & order →

59 Buffalo police have declared that they have no respect for law & order. Two of them were responsible for shoving an elderly gentlemen to the ground, giving him a scalp laceration and a concussion. The other 57 have just resigned from their position on the Emergency Response Team to protest the fact that the police brass suspended the two guilty police.

If the police can't handle facing scrutiny, oversight, and the possibility of discipline, they are not fit to wear the badge. Publish their names and then fire every. single. one. of. them.

L.A. woman is raising awareness for Breonna Taylor's death

L.A. woman is raising awareness for Breonna Taylor's death →

Just after midnight on March 13, Louisville police, executing a search warrant, forced their way into Taylor’s home. Her boyfriend, Kenneth Walker, fired a shot at an officer’s leg. The police fired back with at least 20 bullets, striking Taylor eight times [causing her death].

Walker, who said he thought they were being attacked by criminals, was arrested and charged with attempted murder of a police officer. The charges have since been dismissed. The police have not been charged, but the FBI is now investigating the shooting.

I know some people will want to focus on the fact that her boyfriend fired a shot at an officer's leg. "He attacked the police! It was his fault that Breonna died." Not so fast. Let's back up a step. The police executed a search warrant at midnight. What were they doing coming into a home after the residents were asleep in bed? And why did Kenneth Walker think that they were criminals?

The police were three plainclothes detectives. They were executing a no-knock warrant, looking for evidence on a drug dealer who had been arrested earlier that day. They thought that he might be having drugs shipped to Taylor and Walker's home. However, their suspicions were wrong.

Let's reframe this. After going to bed, Kenneth and Breonna woke to the sound of their door crashing in. Three men, dressed in every day clothes, charged through the door. Kenneth, who is a licensed gun owner, tried to protect his girlfriend from these home invaders. Rather than fleeing, as home invaders tend to do, these men answered with wild shooting. They shot off 20 rounds, managing to hit nearly every part of the house: the living room, dining room, kitchen, hallway, bathroom, and both bedrooms. Breonna Taylor was hit eight times and killed.

Breonna Tayler deserves justice. She died because police decided to follow-up on a slim lead, on a warrant that they possibly lied to get, by breaking into a house at night, without knocking, announcing their presence, and giving the residents a chance to wake up. Or doing the even more sensible thing and executing the warrant while the house was empty, making everyone safer. Their recklessness and and sloppiness led to Breonna Taylor's death.

Hidden By A Myth

America's police force is idealized and mythologized in a way that blinds people to the reality on the ground. America's police departments are almost entirely lacking in accountability and in desperate need of reform. Some are fine. I'm not here to praise the often praised, because it distracts from the vitally important task of fixing what's broken. If that statement bothers you, then I ask you to consider whether you have an idealized view of the police that distorts your sight and blinds you to the evil that is done in the name of law and order.

Many Americans think our police forces are largely made up of Officer Friendly. He is someone who is dedicated and selfless. Someone courageous, even heroic. Someone highly trained. Someone who serves the community by upholding law and order. Someone who seeks justice. Someone who daily puts their life on the line to enter an urban warfare zone of lawlessness and crime.

What if that stereotype is too optimistic?

What if too many officers are undertrained, lacking the knowledge necessary to tame their fears and deescalate tense confrontations? What if a few others are cowardly bullies who use force to hide their fear? Or are thugs, who react to verbal aggression with physical aggression? What if those officers enjoy wearing the uniform because they enjoy exercising power over others? And what if too many officers create the conflict that they're trying to prevent, because they've been told to view those around them as enemies and they act accordingly?

Individual members of America's police forces have spent the last week revealing the truth about themselves through their actions. Don't assume that every clash with protestors was instigated by the protestors or that the anger the protestors feel is unjustified and easily dismissed. For the past 7 days, the bad actors among America's police forces have chosen to display the contempt that they have for law and order. Watch their behavior with an open mind. Please.

Are you paying attention?

Are you paying attention? →

Are you paying attention? The protests of the last 4 days have been trying to draw your attention to police brutality. To the fact that America's police use violence routinely and without fear of consequences. This is not a matter of a few bad apples. This is a culture of bad policing that exists throughout America. And with the eyes of the nation on them, America's police are giving the world many examples of their lawless, unrestrained behavior.

As you watch these videos, ask yourself how many of these uniform-wearing criminals will

  1. Ever be identified?
  2. Disciplined in any substantive way (loss of pay, loss of rank, fired, etc.)
  3. Arrested
  4. Charged
  5. Convicted
  6. Sentenced

We need to clean up America's police forces. Or we are complicit in their crimes.

P.S. And here's a thread of over 100 incidents of the police attacking journalists. Including a reporter who was permanently blinded in one eye from non-lethal ammunition. And an Australian reporter, punched in the face, on live television.

Thumbs Up to a Justice Gorsuch

Tonight, President Trump nominated Judge Gorsuch to the United States Supreme Court. I'll give credit where credit is due: I didn't think President Trump would nominate someone that I liked, but he surprised me. From what I've read, I'll like Justice Gorsuch quite a bit.

I'm basing my opinion on SCOTUSblog's potential nominee profile. First of all, Judge Gorsuch is definitely qualified.

Neil Gorsuch was appointed to the United States Court of Appeals for the 10th Circuit by President George W. Bush on May 10, 2006, and confirmed shortly thereafter. Both his pre-judicial resumé and his body of work as a judge make him a natural fit for an appointment to the Supreme Court by a Republican president. He is relatively young (turning 50 this year), and his background is filled with sterling legal and academic credentials. He was a Marshall Scholar at the University of Oxford, graduated from Harvard Law School, clerked for prominent conservative judges (Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit, as well as Justices Byron White and Anthony Kennedy of the Supreme Court), and was a high-ranking official in the Bush Justice Department before his judicial appointment.

And he has the potential to live up to Justice Scalia's legacy. Given that Justice Scalia was my second favorite Supreme Court Justice, this is no small thing.

He is celebrated as a keen legal thinker and a particularly incisive legal writer, with a flair that matches — or at least evokes — that of the justice whose seat he would be nominated to fill. In fact, one study has identified him as the most natural successor to Justice Antonin Scalia on the Trump shortlist, both in terms of his judicial style and his substantive approach.

With perhaps one notable area of disagreement, Judge Gorsuch’s prominent decisions bear the comparison out. For one thing, the great compliment that Gorsuch’s legal writing is in a class with Scalia’s is deserved: Gorsuch’s opinions are exceptionally clear and routinely entertaining; he is an unusual pleasure to read, and it is always plain exactly what he thinks and why. Like Scalia, Gorsuch also seems to have a set of judicial/ideological commitments apart from his personal policy preferences that drive his decision-making. He is an ardent textualist (like Scalia); he believes criminal laws should be clear and interpreted in favor of defendants even if that hurts government prosecutions (like Scalia); he is skeptical of efforts to purge religious expression from public spaces (like Scalia); he is highly dubious of legislative history (like Scalia); and he is less than enamored of the dormant commerce clause (like Scalia).

​It's especially refreshing to see that Judge Gorsuch shares Justice Scalia's disdain for vague and overly broad criminal statutes. A Justice should be skeptical of the government's position and should demand that criminal law be unambiguous and clearly defined. My biggest complaint with Judge Merrick Garland was that his record showed too much deference to the government. I'll be very happy indeed if a Justice Gorsuch is Scalia's heir on criminal law.

Does The Left Know How To Make An Argument Not Based On Racism?

Does The Left Know How To Make An Argument Not Based On Racism? →

Warren Meyer makes a very good point, over at his blog.

An even better example of focusing on all the wrong problems is the confirmation hearings for Jeff Sessions. If you read pretty much any of the media, you will be left with the impression that the main issue with Sessions is whether he is a racist, or at least whether he is sufficiently sensitive to race issues. But this is a complete diversion of attention from Sessions' true issues. I am not sure what is in his heart on race, but his track record on race seems to be pretty clean. His problems are in other directions -- he is an aggressive drug warrior, a fan of asset forfeiture, and a proponent of Federal over local power. As just one example of problems we may face with an AG Sessions, states that have legalized marijuana may find the Feds pursuing drug enforcement actions on Federal marijuana charges.

Why haven't we heard any of these concerns? Because the freaking Left is no longer capable of making any public argument that is not based on race or gender. Or more accurately, the folks on the Left who see every single issue as a race and gender issue are getting all the air time and taking it away from more important (in this case) issues. The SJW's are going to scream race, race, race at the Sessions nomination, and since there does not seem to be any smoking gun there, they are going to fail. And Sessions will be confirmed without any of his real illiberal issues coming out in the public discussion about him.

Furthermore,

Trump has an enormous number of problems in his policy goals, not the least of which is his wealth-destroying, job-destroying ideas on trade nationalism. But all we get on trade are a few lone voices who have the patience to keep refuting the same bad arguments (thanks Don Boudreaux and Mark Perry) and instead we get a women's march to protest the Republican who, among the last season's Presidential candidates, has historically been the furthest to the Left on women's issues. It is going to be a long four years, even longer if the Left can't figure out how to mount a reasonable opposition.

Texas's Hair Braiders Law is Unconstitutional

Texas's Hair Braiders Law is Unconstitutional →

This is a win for economic liberty. It's good to see judges who are willing to protect people's right to earn a living.

Isis Brantley, an entrepreneur who runs a hair braiding school in Dallas, sued the state in 2013, citing the laws that pertained to hair braiding schools to be unreasonable. Under Texas laws, hair braiding schools must first be a fully equipped barber college before turning into a facility that teaches students how to braid hair. In the case of Brantley, she had to first convert her small business into a barber school that had at least 10 student chairs that reclined back and a sink behind ever work station before being allowed to teach hair braiding.

On Monday, U.S. District Judge Sam Sparks ruled the laws against hair braiders to be “irrational,” citing the fact that braiding salons don’t need sinks to do hair because hair washing is not a part of the braiding process. Judge Sparks also reasoned that the state cannot force entrepreneurs to do meaningless things before starting their own business and challenged the state to find a single hair braiding school that met their requirements.

The Perils of Police Cameras

The Perils of Police Cameras →

The BloombergView editorial staff:

First, the potential for cameras to impartially resolve disputes shouldn't be oversold. Videos often lack critical context, and studies have repeatedly shown that jurors can be misled by variables such as a film's angle or focus, which can unduly sway perceptions of guilt. That cuts both ways: Footage of a protester bumping into a cop, devoid of context, could make life much easier on a prosecutor.

Finally, equipping police with cameras and audio recorders means that they're constantly conducting surveillance on innocent civilians -- and potentially storing it all. Police frequently enter private homes and encounter people in medical emergencies who may not want to be filmed. Some officers may be tempted to record people on the basis of race or religion. And some departments have asserted that the public has no right to see such footage.

In short, a policy intended to empower the public and monitor the police could have precisely the opposite effect.

It's thought provoking. It reminds me that, once again, there are no easy fixes for life's problems. The 24-hour surveillance angle is the most interesting. What if it's combined with FOIA requests? Allow it, and you could request footage of any encounter, both to look at a troubling incident and to snoop on other citizens. Deny it and police and prosecutors get something to hide behind.

Black Residents Armed With Assault Rifles Stand Guard Outside White-Owned Business During Ferguson Riots

Black Residents Armed With Assault Rifles Stand Guard Outside White-Owned Business During Ferguson Riots →

A group of black Ferguson residents armed with high-powered rifles stood outside a white-owned business in the city during recent riots, protecting it from rioters that looted and burned other businesses.

… a group of heavily armed black men stood outside a Conoco gas station.

One of the residents, a 6-foot-8 man named Derrick Johnson, held an AR-15 assault rifle as he stood in a pickup truck near that store’s entrance. Three other black Ferguson residents joined Johnson in front of the store, each of them armed with pistols.

The men said they felt indebted to the store’s owner, Doug Merello, who employed them over the course of several years.

I said before that I didn't like the rioting and looting that was going on in Ferguson. This story is both a good example of why not and a good antidote to the riots.

This entry was tagged. Civil Liberties Guns

Ferguson

I find the entire situation in Ferguson to be infuriating and frustrating. I'm furious that a police officer got into an altercation with a young, black man and shot and killed him. I'm furious that the police department's first response was to suit up and bring out the tactical military gear. I'm furious that MRAV's, sniper rifles, and grenade launchers are considered appropriate tools for America's civilian police force.

I was frustrated that it took 3 nights of standoffs, tear gas, and rubber bullets before Missouri governor Jay Nixon decided that something was wrong and relieved the police of responsibility for Ferguson. I was elated when the Missouri State Highway Patrol was given responsibility and responded by leading protestors through town, listening to protestors, and being photographed hugging protestors instead of pointing guns at them.

I was confused when I heard that protestors, on the very first night, had reacted to the shooting by looting and trashing a local convenience store. Looting, in general, confuses me. Who does that? Who responds to a tragedy by saying, "Screw it. I'm mad and I'm going to respond by beating up this other innocent bystander."

Make no mistake, that's what looting and vandalism is. It's violence against the innocent and the uninvolved. Most stores that are looted are owned by local community members. They're staffed by local community members. They provide goods, services, jobs, and incomes to local community members. By destroying them, you're destroying local incomes, services, jobs, and wealth. You're depriving the owner of a livelihood. You're depriving the workers of an income. You're depriving the people who live and work near that store of the services that that store provided.

I've heard that protestors are claiming that they looted because that was the only way to draw attention to their cause. That's stupid. Protest marches, sit-ins, and rallies draw attention to your cause. Practicing non-violent resistance draws attention to your cause and generates sympathy from those watching. Looting and vandalism is a senseless act of violence and rage directed against those unfortunate enough to be located too close to the scene of tragedy. It's violence for violence's sake, responding to injustice by multiplying injustice.

So I was frustrated and angry when I heard that the night of calm in Ferguson was followed up with a night of renewed fighting and renewed vandalism. I was angry when I heard that the police stood back and allowed the looting to happen, forcing store owners to defend their own businesses. First the police over responded by armoring up and acting worse than most occupying forces. Then they under responded by allowing thugs to destroy community businesses. I'm angry because they don't understand—and can't perform—their own jobs.

I want justice in Ferguson. I want the police officer responsible for the shooting to be arrested and tried for murder, treated the same as any other civilian assailant. If a jury determines that his actions were justified, he can walk free and resume his job, the same as everyone else. If the jury determines otherwise, he can suffer the penalty, the same as everyone else.

And I want the looters to be arrested, charged, and tried as well. Their actions are neither necessary nor useful. They're criminal and should be treated as such.

One final note. I've seen people on Twitter questioning why second amendment anti-tyranny gun nuts haven't had anything to say about Ferguson. As one such nut, here's my response.

The citizenry of Ferguson absolutely have a right to own weaponry sufficient to defend themselves from criminals, whether vandals or an overreaching police force. The police force certainly seems to have given sufficient provocation for these Americans to justify an armed response. It was just such provocations, in Boston, that ultimately led to the War for Independence.

That doesn't mean that now is the right time for an armed response or that an armed response is the wisest course of action, at this time. I won't absolutely advise against it, and I won't absolutely advise it. I'm not on the ground in Ferguson, I don't know all of the facts, and I don't have the knowledge to speak wisely about the situation.

But the citizens of Ferguson, as citizens of the United States, have the right to assemble, to speak, and to petition for redress of grievances by any means necessary, either First or Second Amendment. But they don't have the right to claim that violence against local property owners is one such means of redress. That's why I'm increasingly angered with, and frustrated by, both sides of this standoff.

Peru cop who Tased Alzheimer's patient won't get his job back

This closes the loop on a story that I first noted back in July 2012.

According to police reports, Officers Gregory Martin and Jeremy Brindle entered Howard’s room in the locked-down Alzheimer’s unit and told him to enter the ambulance.

When Howard did not respond to commands, Martin unholstered his Taser and told him he would be Tased if he didn’t comply.

Brindle attempted to gain control of Howard’s arms to restrain him, and a struggle ensued. When Howard turned towards Brindle, Martin then Tased him, which caused Howard to drop to the floor.

Howard was then Tased by Martin two more times while on the ground after ordering him multiple times to roll onto his stomach. Police said Howard resisted constraint and attempted to fight them while on the floor.

Brindle then handcuffed Howard, which left a large, bloody gash on his wrist and escorted him to Duke’s Memorial Hospital. Officers said he was combative in the ambulance until his wife arrived at the hospital and calmed him down.

Howard’s wife, Virginia, ... said her husband was diagnosed with Alzheimer’s 13 years ago and doesn’t understand the simplest directions or commands like “sit down or pick up a book.”

In August 2012, the Peru, IN police department fired Gregory Martin. Martin immediately appealed his firing and the case went to court. On September 5 2013---more than a year later---the appeals court denied Martin's appeal. It's now official that Martin won't be going back to the Peru, IN police force.

I'm glad this case is finally over and that justice ultimately was served. But this case illustrates why I believe that police unions are a bad idea. In a normal business, you could fire an employee for this kind of overreaction and walk away, confident that the firing would stick. The city of Peru fired Martin and then had to fight multiple battles to ensure that the firing would stick.

This kind of long drawn process gives too much power to the police department, to our civil "servants". It mights it too costly to get rid of bad actors and makes it more likely that the bad actors stick around, causing more problems down the road.

Union defenders claim that the government unions are necessary, to protect employees against abusive employers and managers. But the city of Peru is ultimately responsible to its citizens. Police who think they are wrongly treated can make their case at the ballot box. They shouldn't be able to use the coercive power of unionization to dictate terms to the citizens who ultimately pay their salaries and employ them.

John Yoo on the Manning verdict

Last weekend, Bush torture lawyer John Yoo wrote about his disgust with the Manning verdict.

Bradley Manning caused one of the most harmful leaks in American history. He released into the public eye the identities of foreigners helping the U.S. in war zones, the means and methods of U.S. military operations, and our sensitive diplomatic communications with other nations. Lives — American and foreign — no doubt were lost because of the leaks. If anyone can think of a more harmful blow to U.S. intelligence in our history, let’s hear it. 

I've heard other people refer to the Manning leak as one of the most harmful in American history. But I don't think I've ever seen anyone offer any proof for that assertion. John Yoo needs to do something to prove that it was the most harmful leak in American history. Where's the evidence?

Manning published data that supposedly contained the names and identities of various American (and allied) agents who were working undercover. The data also allegedly contained the names of various Iraqis and Afghanis who were helping us, against the terrorists and the Taliban. I've seen people allege that our enemies would use that data to punish our friends.

It seems like it would be pretty easy to quantify how deadly this leak was, if it was deadly. Which agents and allies, named in the leaked documents, have since been killed, terrorized, or harmed by our enemies? Whose lives were lost because of Manning's leak? If this was a deadly leak, wouldn't that be dramatic proof? Wouldn't something have come out in a Congressional hearing, Department of Defense or Homeland Security press release, or presidential interview? Wouldn't the Administration and its allies constantly trumpet how harmful Manning's leak was?

Unless I've completely missed it, no one has done anything of the sort. I'm not convinced that Manning's leak was the most harmful in American history. And I'm not inclined to take the bald-faced word of a lawyer who thinks that the Constitution places no restraints on the President's powers to order people tortured.

George Will, on Tyranny and Democracy

George Will, on Tyranny and Democracy →

I am, somewhat notoriously, not in favor of straight "majority rules" democracy and not in favor of absolute, universal, unfettered suffrage. In a recent op-ed on Egypt's coup, George Will has an apt quote that sums up my distaste for pure democracy.

Lincoln understood that unless majority rule is circumscribed by the superior claims of natural rights, majority rule is merely the doctrine of “might makes right” adapted to the age of mass participation in politics. The idea that the strong have a right to unfettered rule if their strength is numerical is just the barbarism of “might makes right” prettified by initial adherence to democratic forms.

I think that the U.S. Constitution should be far more of a straight jacket than it currently is. It would be limiting and frustrating, even to some of my own policy goals. But that's as it should be. Tyranny is the inevitable result of letting the majority rule simply by virtue of being the majority.

Tsarnaev and Miranda Rights

Tsarnaev and Miranda Rights →

Orin Kerr provides an interesting analysis, at the Volokh Conspiracy:

1) A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights. It often happens that way on Law & Order, but that’s not what the law actually requires. The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case.

There are questions of legality and questions or morality. Based on Kerr's analysis, it looks like it's legal to question Tsarnaev without reading him his Miranda rights. But is it moral? I think it is. I don't see the harm in allowing the police and FBI to interrogate Tsarnaev about this attack, if they aren't planning on using his statements against him.

The Republican Party and the African-American Vote

The Republican Party and the African-American Vote →

Rand Paul, speaking at Howard University, passionately appealed to African Americans to support liberty minded Republicans.

The history of African-American repression in this country rose from government-sanctioned racism.

Jim Crow laws were a product of bigoted state and local governments.

Big and oppressive government has long been the enemy of freedom, something black Americans know all too well.

We must always embrace individual liberty and enforce the constitutional rights of all Americans-rich and poor, immigrant and native, black and white. Such freedom is essential in achieving any longstanding health and prosperity.

As Toni Morrison said, write your own story. Challenge mainstream thought.

I hope that some of you will be open to the Republican message that favors choice in education, a less aggressive foreign policy, more compassion regarding non-violent crime, and encourages opportunity in employment.

And when the time is right, I hope that African Americans will again look to the party of emancipation, civil liberty, and individual freedom.

It's a long speech but it is well worth reading.

Why I'm Teaching My Son To Break the Law

Why I'm Teaching My Son To Break the Law →

J.D. Tuccille, writing at Reason.com:

My wife and I used it as a starting point for telling our seven-year-old why we don't expect him to obey the law—that laws and the governments that pass them are often evil. We expect him, instead, to stand up for his rights and those of others, and to do good, even if that means breaking the law.

Read the whole thing.

Minimizing authority of judges

Minimizing authority of judges →

Senator Rand Paul, at the Washington Times:

For these reasons and others, last week I joined my colleague Sen. Patrick Leahy, Vermont Democrat, in introducing a bill that would authorize judges to disregard federal mandatory-minimum sentencing on a case-by-case basis.

Some might think it is unusual for a conservative Republican to join a liberal Democrat on such a bill, but contrary to popular belief, the protection of civil liberties and adherence to the Constitution should be a bipartisan effort.

In my younger days, I would have regarded this as rank liberalism and heresy. Now it just seems like common sense. I'll stand with Rand on this one.

Read the whole thing. His reasons are dead on.