Cyberpunk 2022
Commitment > Balance
According to the NYT report, the Administration is weighing the trade-off between modest actions that would be legally defensible, and bold, symbolic actions with questionable legal authority.
I'd wager they're all in for symbolic actions with questionable legal authority.
A Round for Freedom
Always remember that the two enemies are the Communists and the Woman’s Christian Temperance Union.
While the war raged in Korea, the war at home between beer lovers and anti-alcohol groups like the Woman's Christian Temperance Union was fought to keep beer out of the hands of the GIs. Then, a couple of brewing heavyweights escalated the conflict.Milwaukee's own Jos. Schlitz Brewing Company and Blatz Brewing Company offered to buy the troops a round and see what might happen.
One of my favorite movies, on this very subject and from not too long after this era, is Hallelujah Trail.
Science as a detective mystery
Swiftwater Technician
Punishment Regardless of Fact
Shared Reality?
That Makes Sense
Army Veteran Held in Pre-Trial Solitary, Acquitted at Trial
...a nighttime encounter with two strangers in San Jose led to his arrest for attempted murder. Johnson insisted he was defending himself and had done nothing wrong. But at 26, he was sent to solitary immediately after he was booked into the jail to await trial....While Johnson was being held, he witnessed fellow inmates being beaten by guards and was beaten himself, according to a lawsuit he filed in 2018 alleging his civil rights were violated. From his tiny, barren cell, he listened to the cries of a mentally ill inmate as he was pummeled by three sheriff’s deputies, who were later tried and convicted in the man’s death.Prosecutors offered Johnson a lesser sentence in exchange for a guilty plea, but he refused to accept a deal.“My frustration with my case will not allow me to consent to a lie,” Johnson wrote his mother in a Nov. 15, 2016, letter. “I am a warrior until my death and I must stand [up] to injustice no matter how dismal the odds.”It would take three years — almost half of it in solitary — before Johnson got the chance to testify in his own defense. It would take just two hours for a jury to acquit him.
This story is almost a litany of everything wrong with our criminal justice system. The author focuses especially on the brutality of solitary confinement as a practice -- pre-trial, even, while one is 'presumed innocent' -- but many other bad things are illuminated as well. The practice of using threats of severe prosecution coupled with pre-trial confinement to force a plea bargain on an innocent man is unethical. It might even be unethical aimed at a guilty man.
Swiftwater Finals
Turns out we started with 18; eight survived to take the written final. We won't know for weeks who passed that.
I actually can’t be 100% sure if I passed the written exam in spite of significant study because the course covers so much stuff. (What is the nighttime landing zone minimum for a UH-60 Blackhawk? Which of these is not one of the types of injuries you should be trying to prevent during rescue operations? What type of PFD is used in deep water shipping where long rescue times are expected? What parts should be lubricated on a boat trailer? Now for ethics…)
I never took a class in pursuing an academic degree that was a fifth this challenging. Not even our filter advanced logic course, Deductive Systems, because it didn’t require passing 26 practical exams showing that you could tie knots, swim against strong water, rig a high line to a boat and then successfully rescue people from it. You just had to do logic, and you had a semester instead of three weeks.
Should you ever meet these people in the course of your lives, show them some respect. They've earned it even if you haven't seen it.
COVID hospitalizations down
Color
An Interview with Robert Duvall
Seen on FB
Do they really think this kind of penny-ante censorship applied even to jokes on small FB accounts is going to make people trust them more?
On Assassination in General
A Little Less Talk and a Lot More Action
'We Regret to Inform You...
'...that we are canceling your auto insurance policy because our underwriters have determined that your back seats are too large and comfortable.'
Cracks in the California blue
A Swedish Custom
"Folies Des Policières"
Today the nearby small town of Sylva had a lockdown. It was occasioned by the police chasing a car that had been stolen in Asheville. It had an OnStar system, so it was very easy to find.
The cops assumed -- without evidence -- that the thief was armed, and further assumed -- again without evidence -- that he might have driven the hour from Asheville to Jackson County to shoot up a school. So they locked down all the schools even though they knew exactly where he was at all times because of the OnStar system.
All day long I've been hearing rumors going around that he was a felon, with body armor, and long rifles, who planned to shoot up the school system. Apparently a local news and weather service even pushed out the claim about the body armor. Naturally the major effect of the lockdown was to send a wave of terror through the public (with the minor effect of destroying lunch traffic).
None of it proved to be true. He was unarmed, apparently intended only grand theft auto, and was wearing a tank top.
He is still at large, though, because once he abandoned the vehicle and fled on foot he easily eluded law enforcement.
From bronze to iron
“An Unusual Step”
The two lawyers handed out Molotov cocktails to the crowd, and Rahman tossed one into a police car before fleeing the scene in Mattis's van. They reached a plea deal with federal prosecutors in October 2020 that wiped out six of the seven charges against them. Those prosecutors, nonetheless, sought a maximum 10-year sentence and argued that the incident qualified for a so-called terrorism enhancement that would turbocharge sentencing…
Then, Garland and the U.S. attorney for New York's Eastern District, Breon Peace, who's handling the prosecution, took office, and you won't believe what happened next! In mid-May, the same career DOJ prosecutors who argued for that 10-year sentence were back in court withdrawing their plea deal and entering a new one that allowed the defendants to cop to the lesser charge of conspiracy. It tosses out the terrorism enhancement entirely. The new charge carries a five-year maximum sentence, but the prosecutors are urging the judge to go below that, asking for just 18 to 24 months on account of the "history and personal characteristics of the defendants" and the "aberrational nature of the defendants' conduct." Because, you know, Mattis graduated from Princeton and…
They keep acting like they expect us to treat them like a legitimate government, one to which we’d show loyalty and pay taxes.
Harsh but fair
How predictable it was that the United States fled Kabul, abandoning not just billions of dollars worth of sophisticated weapons to terrorists, but also with Pride flags flying, George Floyd murals on public walls, and gender studies initiatives being carried out in the military ranks. Ask yourself: if a general during the Afghanistan debacle had brilliantly organized a sustainable and defensible corridor around Bagram Airfield but was known to be skeptical of Pentagon efforts to address climate change and diversity would he be praised or reviled?
Swift Water
Addendum
Dear Senator
Dear Senator:School shootings are a problem, but they are a problem that is easily resolved without violating the Bill of Rights. The solution is a single point of entry, the sort the military calls an "entry control point (ECP)," plus a school resource officer inside the building to control it. Then even if someone attempts to force entry there is a trained, armed officer immediately on the scene whose job is simply to hold the entry from a covered position until responding units arrive to catch the attacker in a pincer. This tactic uses best practices to ensure student safety while also maximizing officer safety. Do that.What you must not do, under any circumstances, is compromise one inch on the Bill of Rights. The proposals being floated violate the 2nd Amendment, certainly, but also the 4th, 5th, 6th, and 8th. We must not allow unconstitutional laws in a fit of emotion.That the 2nd Amendment is being violated by so-called 'assault weapon' bans should be clear from the logic of both the Heller vs. DC decision by the Supreme Court, but also the logic of the 20th century US v. Miller decision. Heller held that weapons are protected by the 2nd if they are in common use for lawful purposes. The AR-15 is the most popular rifle in America, in very common use; and rifles of all kinds put together, including the AR platform and also all other rifles, account for fewer homicides than blunt instruments. Almost all rifle use is lawful. Thus, Heller's test is satisfied.The Miller test was of a claim that the National Firearms Act unconstitutionally proscribed sawed-off shotguns. The Miller court found that it was constitutional to ban them, however, because the 2nd Amendment specifically protects weapons that are fit for militia service. That is to say that 'military style' or 'assault weapons' are precisely what the Miller court thought enjoyed 2nd Amendment protection. The AR-15 is exactly the weapon that the US military would ask citizens to provide themselves with should, for example, a situation similar to Ukraine's ever eventuate here. While semi-automatic, its mode of operation is similar enough to the military's standard rifle that every Marine or Soldier could teach citizens its accurate use and proper maintenance. Further, stocks of spare parts and ammunition are widely available and distributed across America's military stockpiles. This is the clear choice for a militia rifle in the present moment; and thus, Miller's test is also satisfied especially by this particular weapon and its class.The 4th Amendment requires probable cause for searches. All jurisprudence on this issue for centuries establishes that 'probable cause' means 'probable cause that a crime has been committed.' The 'Red Flag' laws being proposed eliminate this standard because they mean to effect seizures before any crime has been committed -- perhaps before one has even been contemplated. This is plainly unconstitutional.The 5th Amendment provides that no one's property shall be seized without due process of law. The proposed 'Red Flag' law deprives people of the due process of law that has held sway since this country's founding.The 6th Amendment requires that citizens be presented with the opportunity to confront witnesses against them. 'Red Flag' laws also dispose of this bit of due process by having the issue handled outside the normal legal processes. The 6th does apply to criminal prosecutions, which these actions could not be as no crime will yet have occurred; but the core principle that one should not be condemned by secret evidence or hidden witnesses must be preserved even here.The 8th Amendment prohibits excessive fines. Seizing valuable firearms constitutes an excessive fine given that no crime has occurred that might justify any sort of fine. So too does requiring the condemned to hire a lawyer and fight a court case to prove his innocence in order to recover his property -- especially since his actual innocence is uncontested, since even the state admits he will have committed no crime at the time of the fine being imposed.None of these are acceptable concessions. There are clear and affordable solutions that are readily available, as described in the opening paragraph of this letter. Use them, and preserve the Bill of Rights intact for we citizens and for future generations of Americans.With all Due Respect,-Etc
Let's Check in on the Department of Justice
Sword and Sorcery
Memorial Day 2022
Women failing for no good reason
Oh Dear
The Government is Worse than Useless
Parents with guns would have solved this a lot faster, and would have saved some of their children doing so. Possibly some of them might have died trying to save their children; any parent worth the name would.
Freebird
I still don't think this will make much difference at all -- and at first glance I read this as him preparing to slap the nervous bird rather than him graciously granting it freedom -- but here's hoping something comes of it.
We All Seem to Agree that Courage is Lacking today- So What Do We Do?
The subject of courage is one modern society hardly talks about- at least in traditional terms- and waters down to utter meaninglessness when it does (by design).
So how to address this? One fellow seems to have made a start at it, and it seems interesting.
I think his analysis of the problem and how it's related to "safetyism" seems to me to be on the money:
He seems well on the right track.
He also seems to understand the importance of Horsemanship in the process-
Let us hope his dream of establishing an "Academy of Chivalry" by 2030 becomes manifest. It can't happen soon enough for our society.
What he needs now are benefactors, hopefully he can find some.
Rain, Rain
Aristotle on Storytelling
Dragon of Death
Another Shooting
Punching Down
A recent Times job listing asks for applicants to cover “personalities,” news outlets, and “online communities” of the “right-wing media ecosystem that now serves many conservative Americans who no longer rely on the mainstream media to inform themselves.”Where a regular reporter might cover “subjects” or come prepared with a rolodex of “sources,” The Times notes in a telling choice of words that the ideal candidate for its new opening will already have a “robust list of reporting targets.”
'Corporate giants with deep political ties to our government's intelligence/surveillance community seek spy to infiltrate and report on suspicious fellow citizens.' Great.
Bison Born in Wanuskewin
"Xinjiang"
450 Buses
‘And we’re up to our 45th bus now, when you add a zero to that, I think Washington D.C. is going to soon find out they’re dealing with the same consequences as we’re dealing with,’ Abbott proposed.
War and Taiwan
Feeling the fury of parents
The organization said it was implementing several actions based on the review’s findings. These include amending its constitution to confine its advocacy to “a united, nonpartisan national movement.”
The NSBA also said it would adopt a resolution that opposes federal intrusion and expansion of executive authority by the U.S. Department of Education and other federal agencies in the absence of authorizing legislation.Soccer moms vote. I doubt this travesty contributed as much to President Biden's amazing slide in the polls as the Afghanistan debacle, inflation, or the empty shelves where infant formula should be, but any professional political advisor can read the tea leaves in the many elections that have swung against educrats on school boards and in state houses.
That's a good one
More than half a dozen journalists and executives who worked with Ms. Logan at “60 Minutes,” most of whom spoke anonymously to discuss private interactions with her, said she sometimes revealed political leanings that made them question whether she could objectively cover the Obama administration’s military and foreign policy moves. She appeared increasingly conservative in her politics over the years, they said, and more outspoken about her suspicions of the White House’s motives and war strategy.The horror. The horror.
As ithers see us
would be to add a huge weight to the neoliberal side of the party’s scale, a powerful force trying to tilt the party away from its recent tiptoes towards progressivism, and towards the vision of the Democrats as the sober new corporate-friendly counterweight to the psycho Maga capture of the Republicans.The mad dash toward a list of politically toxic positions within the Democratic party over the last few years appears to him in the guise of some timid tiptoes towards correct thinking. I assume this is because he focuses almost exclusively on "labor" issues instead of the pink-haired screaming agenda, but in the face of polls establishing that voters are riveted on inflation and the economy as the mid-terms approach, I'm not sure converting a tiptoe toward Marxism to a full-throated mob charge is the winning formula he hopes for. Again, though, my purpose here wasn't so much to ridicule his views as to highlight how odd are his views about his opponents.Union-busting, in Nolan's view,is
a great example of what could be the new vision of the Democrats: not the slick operators trying to arbitrage corporate campaign donations, but rather the party of labor, the party ready to take seriously its own rhetoric about the dangers of rising economic inequality. The Democratic response to the rise of crazies on the right does not need to be to simply try to woo Republican donors away; instead, the Democrats can become the actual populists, the ones who side with working people against the power of capital. (The Republican version of populism, which mostly means “being prepared to wear a John Deere ballcap while you say racist things”, pales in comparison.)In these phrases, along with the view of "the psycho Maga capture of the Republicans," should I see myself? I'm accustomed neither to John Deer ballcaps nor racist pronouncements. Who knows what the word Maga stirs up in hearts like these? Could it possibly have anything to do with what a real Trump supporter values about him? When I speak, can someone like Nolan hear anything but "racist, racist, racist," even when as far as I can tell I'm nowhere near anything of the sort? Nolan's problem, in part, is that working people aren't buying his line. Possibly they no longer react well to framing the struggle of working people against the elites in terms of labor vs. capital. Increasingly they see their elite opponents as pointy-headed Marxists in faculty lounges and supercilious newsrooms.In the meantime, though I'd love to see someone with Bezos's resources become an asset on the philosophical Right, it seems like a long shot.
Where does pressure to change come from?
Knee jerks
Democrats are being urged by their “thought leaders” to pump it up: recent headline in Politico: “Democrats Should Be Less Boring; To avoid a midterm wipeout, the party should focus less on dry policy issues and more on eliciting an emotional reaction.” And in the meantime, lefty activists are drinking ever higher-proof rum rations. For instance, The Nation magazine’s Elie Mystal took excess to new levels of wretchedness when he said on MSNBC:I wouldn't call the Founding Fathers racist misogynist jerkfaces, but I'd allow that their view of the humanity of women and black people needed work. Nonsense like the 1620 Project aside, you can't read 18th-century accounts of anything without receiving shocks: casual anti-Semitism, casual assumptions that black people were subhuman, casual assumptions that women were chattels. Okay, so it's not stunning that the original Constitution didn't reflect many modern changes to these views. On the other hand, the Constitution didn't leave us helpless to correct any flaws we might come to see in the couple of centuries after it was adopted. It contains within itself an orderly procedure for amendment, which we've used dozens of times successfully, usually even without a war for impetus. How much better off would we be if instead of relying on rogue Justices or defiant legislatures or deranged protesters, we simply got to work on amending the Constitution when we discover we have a national consensus in favor of the upgrade? A dilemma for pro-abortion zealots, however, is that they don't have the national consensus they pretend to have. At most they have a strong majority in favor of butting out of the abortion decision very, very early in gestation. They have only a small minority in support of abortion on demand through the last nanosecond before birth, if not after.The Founding Fathers didn’t recognize abortion as a fundamental right because the Founding Fathers were racist, misogynist jerkfaces who didn’t believe that women had any rights at all!
Something Interesting With Which We Can All Disagree
Reading Those With Whom You Disagree
In the comments to a post below AVI suggests "...the intellectual task of reading for six months people who disagree with you.... Grim, who is younger, probably has at least two [such exercises to perform], the poor bastard."
As I suggested in the comments, it might be more difficult for me to find people to read with whom I don't broadly disagree. My 'tribe' is attenuated and small, at this point, and though it exists it isn't much published. Even in the local papers you'll read few examples of the traditional Southern Democrat worldview of a Zell Miller or a Jim Webb. The local papers, like papers everywhere, trend left.
Even outlets where I've personally published -- to include National Review, Human Events, The Federalist and American Greatness -- are very much not bubbles of like-minded sentiment. We have points of agreement, and broad disagreements. Still, it's better than the New York Times, where even points of agreement are hard to find; but I read their daily newsletter every morning.
I've also had two turns in grad school, which means 9 full years of reading nothing but things and people with whom I disagree to a greater or lesser degree. This is why I have friends I can talk with who are Marxists and socialists. I also have many feminist friends, especially but not only from philosophy circles, which is why I have the ability to reach out and talk with a SCOTUS protest organizer on terms of trust and friendship. (By contrast, I don't know anyone who attended the January 6th protest/riot as a participant, though you might think they were more aligned with my political views.)
Even here, some of you (especially Mr. Hines) frequently tell me that I'm wide of the mark on issues we commonly discuss. That's fine; you're welcome.
More too, I find that my views are changing in recent years, and may have even fewer in alignment. The intense patriotism I felt as a younger man has been replaced by a horror at how corrupt and indecent our government has become. I once thought of America as a force for good in the world; I don't think I still believe it is a force for good even at home. I think it is past time to dissolve the bonds that unite our nation, and replace them -- as the Declaration of Independence says we have both the right and the duty to do under such circumstances -- with better bonds to guarantee our natural rights and liberties. Increasingly my idea about what 'better bonds' look like is perhaps Tolkien-style anarchist, certainly voluntaryist, in its rejection of concentration of power and its embrace of diffusion of power among the people.
I'm still working on formalizing the latter into something workable, but it's a project I take to be my own and not one where I have a large following. Certainly I know of no journal devoted to it; the journals of the day are all about retaining or recapturing the Powers that Be, to use them to drive the tribal will and suppress the other tribes. I want no part of that, and raise the black flag -- see sidebar -- as an alternative to that entire project.
But direct me, if you can.
AAPI
You'd better run to the city of refuge
"Sir, that's a window"
Are COVID hospitalization rates rising?
The best kind of redistribution
"Mr. Bernard Shaw proposes to distribute wealth," Chesterton summarized. "We propose to distribute power."A good Newsweek article by Lee Habeeb about decentralized power and the healthy competition sparked by federalism.
Mean tactics
Not so easy this time
Roberts could [hijack the Obamacare ruling] in 2012 because the court was split 4-4 with himself in the middle. All he had to do was persuade himself. This time, however, Roberts finds himself on the outside looking into a five-seat conservative majority. If anything, Thomas (and Alito) want to make sure that Roberts doesn’t keep playing politics by issuing judicially and constitutionally incoherent rulings just to keep favor with the press and the Beltway elite. Given what we know about Thomas, he probably sees that as the poison that led to this moment, and that the best antidote is to make sure you don’t get another dose of it.
Think of it as UBI rather than salary
"You can equalize salaries when the people getting paid aren't doing anything that matters."This scales up brilliantly to a lot of public-sector work, as well as monopolies and industries heavily infiltrated by the state, which are public-sector-curious.
We Trusted You, Bush
On Sonnets
More on 18 USC 1507
Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.
I recently spoke with one of the protest organizers about this to see what she thought -- no names, of course. She said that they were coordinating their protests carefully with the local police to ensure that they remained within the letter of the law.
A lot of work is being done by the phrase "or near" here: how near do you have to be to trigger enforcement? According to her they stay on the correct side of police barricades, where they are told it is ok to protest, and are outside the entrances to the neighborhoods rather than outside the actual homes of the Justices.
It occurs to me on reflection that the Federal law being cited doesn't actually mention Justices anyway. It mentions judges, witnesses, jurors, and so forth. The legislative intent is to protect the integrity of the trial process by preventing intimidation of witnesses, jurors, lawyers and judges. This is because the trial is supposed to be dispassionate in nature; passion is proper to the political branches. The Supreme Court, though, has arguably become a political branch -- indeed, I think it would be hard to argue any other view. If and insofar as it has, it must be subject to the First Amendment's 'free speech / free assembly / right to petition for redress of grievance' guarantees as any other political branch.
Daily dose of lunacy
Good to Know
"The mere advocacy of political or social positions, political activism, use of strong rhetoric, or generalized philosophic embrace of violent tactics does not constitute domestic violent extremism or illegal activity and is constitutionally protected."From a new DHS memo.
Hiking the Art Loeb Trail
Yesterday I went up on the Art Loeb Trail near the Shining Rock Wilderness, in the Pisgah Forest, just north of the Blue Ridge Parkway. The pile of rocks you can see behind me in this shot is Mt. Tennent.
I reached it shortly after snapping that shot. It has a plate in honor of its namesake. This view is looking south, over the Nantahala National Forest, this being approximately where the two national forests come together. (For Mike G., the exact border is NC 215, which separates the Pisgah's Shining Rock Wilderness from the Nantahala's Middle Prong Wilderness. There was a motorcycle wreck up there yesterday on my way back, also on a motorcycle. I stopped to help, but Balsam Grove Volunteer Fire Department had it in hand. We often partner on wildfires in the Nantahala.)
Goodbye, Madison Cawthorn
Crazy as a rat in a coffee can
Good wolf
Dodd. v. Roe
[I]f they overturn Roe, they will not be criminalizing abortion. Nor will they be mandating it be legal. They will be allowing the states to decide for themselves. If a state chooses to restrict abortions through legislative action, it will not be “defying the Supreme Court” or undermining its authority. They will actually be following the court’s ruling by making their own choice. The same goes for states that elect to keep the procedure legal or even further safeguard it. If anything, the Supreme Court’s relevance and authority would be exemplified by such scenarios.As the author notes, if you want an example of real confusion created between state and federal law, you have only to look at conflicts on gun law and drug law, and the problem isn't the Supreme Court, it's the other branches of government.
Red-pilled oddballs in LaLaLand
It boggled his mind that the other candidates running for governor were 100-percent certain about what they couldn’t know, and weirdly unsure about how to fix things that could be fixed.
“Politics should be a means to an end of a good society,” Shellenberger said. “They’re making it the end.” He was referring to the homeless activists who were his nemesis, but he could have been talking about the environmentalists or the pro-lifers in the desert. “Their real goal is control and moralizing and power. Mine is freedom, care, civilization.”Not that I agree that the goal of pro-lifers is control and moralizing and power, but the goal of some people in politics on any issue certainly can become that, and it behooves us to watch out for the trend.
[H]e knew there was a chasm between what progressive activists said they wanted and what they actually wanted. They claimed to want to end homelessness, just as the environmentalists had claimed to want to combat climate change. But that wasn’t true. Really, they wanted the fight, the feeling of moral superiority and, of course, the cash for their NGOs.That sentiment alone makes him a valuable heretic.












