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They Said It… With Judge Napolitano, Seth Meyers, and More

in Liberator Online Archives by James W. Harris Comments are off

(From the They Said It section in Volume 19, No. 20 of the Liberator Online. Subscribe here!)

OBAMA’S ILLEGAL WAR: “The war against the Islamic State is now illegal. The War Powers Resolution of 1973 gave President Obama 60 days to gain consent from Congress and required him to end ‘hostilities’ within 30 days if he failed to do so. This 90-day clock expired this week.” — Bruce Ackerman. professor of law and political science at Yale University, “Congress must act as Obama’s war against the Islamic State hits an expiration date,” Washington Post Nov. 7 2014.

MEET THE NEW BOSS, SAME AS THE OLD BOSS: “In case you didn’t notice, the new Congress is likely to be closer to President Obama’s views on executive power, surveillance, transparency.” — post-election tweet from Atlantic.com journalist Conor Friedersdorf, Nov. 5, 2014.

Judge Andrew NapolitanoTWEEDLEDUMB AND TWEEDLEDUMBER: “The two major political parties are more alike than they are different. On the two paramount issues of our day — war and debt — they are identical. With the exception of Democratic progressives and Republican libertarians, the two parties stand for perpetual war and perpetual debt. Both stances increase the power of the government, and each invites present and future destruction.” — Judge Andrew Napolitano, “More Culture Wars,” syndicated column, Nov. 6, 2014.

COINCIDENCE? “New Hampshire has among the least restrictive gun laws in the U.S. and the lowest homicide rate of any state.” — tweet from the Free State Project, Nov. 11, 2014.

YOUR FBI FILE: “Nearly one out of every three American adults are on file in the FBI’s master criminal database. … Over the past years, prompted by changing police tactics and a zero-tolerance attitude toward small crimes, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates.” — reporters Gary Fields and John R. Emshwiller, “For More Teens, Arrests by Police Replace School Discipline,” Wall Street Journal, Oct. 20, 2014.


VA BLUES:

Seth Meyers“It’s been announced that a Union soldier who fought at the Battle of Gettysburg in the Civil War will be awarded the Medal of Honor by President Obama over 151 years after his death. Even better, he finally got an appointment at the VA hospital.” — Seth Meyers, “Late Night With Seth Meyers,” Nov. 6, 2014.

Robbery With a Badge: Shocking New Report

in Criminal Justice, Liberator Online Archives by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 16 of the Liberator Online. Subscribe here!)

Asset forfeiture is a dull name for a shocking little-known legal device Civil Asset Forfeiturethat allows law enforcement officials to take your cash and property — without a warrant or criminal charges of any kind — and keep most of the proceeds.

That’s right: they can do this even if you have not committed a crime. Even if you’ve never been charged with one.

The only way you can get back your money or property is to go through an exhaustive legal process to prove that your property was legally acquired. Yes, in essence, you must prove to the government that you are not guilty. And the process is so difficult, time-consuming and expensive that most don’t attempt it.

Even if you think you know about this vile practice, a new report by the Washington Post entitled “Stop and seize: Aggressive police take hundreds of millions of dollars from motorists not charged with crimes” has uncovered new information that will shock you.

Among the Post’s findings:

* Asset forfeiture has risen dramatically in the past decade. Thousands of Americans have had billions of dollars stolen by police — again, without being charged or convicted of a crime.

* The federal government has given millions of dollars to non-government organizations to train police officers in aggressive use of asset forfeiture. An estimated 50,000-plus police officers have had such training in the last decade.

* Says the Post: “Behind the rise in seizures is a little-known cottage industry of private police-training firms that teach the techniques of ‘highway interdiction’ to departments across the country.

“One of those firms created a private intelligence network known as Black Asphalt Electronic Networking & Notification System that enabled police nationwide to share detailed reports about American motorists — criminals and the innocent alike — including their Social Security numbers, addresses and identifying tattoos, as well as hunches about which drivers to stop. …

“A thriving subculture of road officers on the network now competes to see who can seize the most cash and contraband, describing their exploits in the network’s chat rooms and sharing ‘trophy shots’ of money and drugs…”

* “Some police advocate highway interdiction as a way of raising revenue for cash-strapped municipalities. ‘All of our home towns are sitting on a tax-liberating gold mine,’ Deputy Ron Hain of Kane County, Ill., wrote in a self-published book under a pseudonym. Hain is a marketing specialist for Desert Snow, a leading interdiction training firm based in Guthrie, Okla., whose founders also created Black Asphalt. Hain’s book calls for ‘turning our police forces into present-day Robin Hoods.’”

There’s much more in the Washington Post’s multi-part series, now online.

Rand Paul, Others: Demilitarize the Police

in Criminal Justice, Liberator Online Archives by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 13 of the Liberator Online. Subscribe here!)

“We Must Demilitarize the Police” is the title of a bold article by Sen. Cartoon Militarized Police OfficerRand Paul at TIME.com.

Written as the troubles in riot-torn Ferguson, Missouri were escalating, Paul says:

“The outrage in Ferguson is understandable — though there is never an excuse for rioting or looting. There is a legitimate role for the police to keep the peace, but there should be a difference between a police response and a military response.

“The images and scenes we continue to see in Ferguson resemble war more than traditional police action. …

“There is a systemic problem with today’s law enforcement. Not surprisingly, big government has been at the heart of the problem. Washington has incentivized the militarization of local police precincts by using federal dollars to help municipal governments build what are essentially small armies — where police departments compete to acquire military gear that goes far beyond what most of Americans think of as law enforcement.

“This is usually done in the name of fighting the War on Drugs or terrorism. …

“When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury — national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture — we begin to have a very serious problem on our hands.

“Given these developments, it is almost impossible for many Americans not to feel like their government is targeting them. Given the racial disparities in our criminal justice system, it is impossible for African-Americans not to feel like their government is particularly targeting them.”

Paul quoted others who share these concerns:

Glenn Reynolds (Instapundit): “Soldiers and police are supposed to be different. … But nowadays, police are looking, and acting, more like soldiers than cops, with bad consequences. And those who suffer the consequences are usually innocent civilians.”

Walter Olson (Cato Institute): “Why armored vehicles in a Midwestern inner suburb? Why would cops wear camouflage gear against a terrain patterned by convenience stores and beauty parlors? Why are the authorities in Ferguson, Mo. so given to quasi-martial crowd control methods (such as bans on walking on the street) and, per the reporting of Riverfront Times, the firing of tear gas at people in their own yards? … Why would someone identifying himself as an 82nd Airborne Army veteran, observing the Ferguson police scene, comment that ‘We rolled lighter than that in an actual warzone’?”

Evan Bernick (Heritage Foundation): “The Department of Homeland Security has handed out anti-terrorism grants to cities and towns across the country, enabling them to buy armored vehicles, guns, armor, aircraft, and other equipment. … federal agencies of all stripes, as well as local police departments in towns with populations less than 14,000, come equipped with SWAT teams and heavy artillery. …

“Bossier Parish, Louisiana, has a .50 caliber gun mounted on an armored vehicle. The Pentagon gives away millions of pieces of military equipment to police departments across the country — tanks included.”

Concludes Sen. Paul: “The militarization of our law enforcement is due to an unprecedented expansion of government power in this realm. … Americans must never sacrifice their liberty for an illusive and dangerous, or false, security. This has been a cause I have championed for years, and one that is at a near-crisis point in our country.”

For more libertarian critiques on Ferguson, see “Where Are the Libertarians on Ferguson? Here, LMGTFY,” by Elizabeth Nolan Brown, The Dish, Aug. 14, 2014.

Radley Balko, a libertarian journalist who writes for the Washington Post, has a great recent book on the dangers of U.S. police militarization, Rise of the Warrior Cop. You can read a lengthy excerpt from it here.

Buckley for Senate

in Liberator Online Archives, Libertarian Party by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 12 of the Liberator Online. Subscribe here!)

John BuckleyOne of the most famous family names in American political history is once again on the ballot and in the national news.

John Buckley — cousin of the renowned late conservative icon William F. Buckley and former U.S. Senator James L. Buckley — is running an active campaign as Libertarian Party candidate for U.S. Senate in West Virginia.

And he’s already drawing significant national attention. The Washington Post recently described his campaign as one of seven U.S. senate races in which a Libertarian Party candidate could win enough votes to affect the outcome of the election, thus forcing the campaigns of both older party candidates to seriously consider supporting libertarian positions if they want to win.

Said the Washington Post: “John Buckley knows something about winning political races. He’s a former state legislator in Virginia, and a former employee at the American Conservative Union, the Cato Institute and the Law and Economics Center at George Mason University.” He’s also a past National Chairman of Young Americans for Freedom and has worked for the Institute for Humane Studies and the National Tax Limitation Committee.

At his campaign website he sums this up: “All through my life, I’ve worked to promote freedom and prosperity.” His lifetime of political experience, he says, soured him on the Republican Party as a vehicle for liberty and led him to the Libertarian Party.

Buckley tells more about his background and beliefs at his Facebook page:

“I turned 60 in 2013 and, with what I see happening under the presidency of Barack Obama (and even the astonishing growth of government under President George Bush), I want to do my part to try to turn America around. We need less government, not more!

“I have also realized that principles of limited government should be applied across the board, not just as to taxes, spending, and economic regulation, but to personal, ‘lifestyle’ decisions as well. Thus, I favor drastically lowering the level of federal government taxes and spending, embracing Second Amendment gun ownership rights, and respecting private property;

“I also support the legalization of marijuana (common sense tells us it’s time to end the ruinously expensive, counterproductive, and failed ‘War on Drugs’), same-sex marriage, and ending Big Brother’s snooping and spying on American citizens.

“Most Americans don’t like being told what to do and don’t relish telling others what to do, either. The American way is ‘live and let live.’ We may not like the decisions our friends and neighbors make, but we express our moral suasion voluntarily (through churches and family and other peaceful expressions of community standards), not through laws and dictates.

“We certainly don’t like politicians, and especially not Congress or whoever is president, telling us what to do. Whether it’s fluorescent light bulbs, ‘Big Gulp’ sodas, how we run our businesses, how we choose to meet the moral obligation to help our neighbors in need, the curriculum of our children’s schools, our right to keep and bear arms, what we smoke or drink, who we can love or the terms of our health-care.

“I am in favor of liberty — that’s what ‘Libertarian’ means, favoring liberty. It’s the American way of life, but I’m afraid the principles of liberty have been largely abandoned under mainstream Republicans and Democrats. Let’s reclaim the greatness of the American system of limited government. I’ll hope you’ll join me in this campaign.”