Tanassee Gap
Outrageous 'Justice'
Via Raven, an outrageous story. It's in Reason magazine, not a particularly hot-headed place.
The prosecutors, who were found to have committed substantial misconduct throughout the case... held [defendant Esformes] without bond in the years leading up to his trial, placing him in solitary.... [He] was not convicted of the most serious charges leveled against him.... [s]o his 20-year sentence—handed down by U.S. District Judge Robert N. Scola of the Southern District of Florida—may appear grossly disproportionate to his convictions.
Until you realize the judge explicitly punished Esformes for charges on which the jury hung.
That is not an error. "When somebody gets sentenced [at the federal level]…they get sentenced on all charges, even the ones they're acquitted on, [as long as] they get convicted on one count," says Brett Tolman, the former U.S. Attorney for the District of Utah who is now the executive director of Right on Crime. It is a little-known, jaw-dropping part of the legal system: Federal judges are, in effect, not obligated to abide by a jury's verdict at sentencing.
His sentence was commuted by the Trump administration after he had served four and a half years in prison. But!
Esformes... is facing an even stranger ordeal: someone whose sentence was commuted and will soon go back on trial—for charges on which he was already punished.
Central to the most rudimentary understanding of the U.S. legal system is the protection defendants are promised against double jeopardy—the safeguard that prohibits prosecutors from trying and punishing you multiple times for the same crime.
Esformes' second prosecution "directly violates the double jeopardy clause," says Tolman.... Jackson agrees. "If you walk through the facts, it's clearly double jeopardy," she says. "The judge on the record at sentencing used the hung conduct as part of his sentence…. That sentence was then commuted by President Trump."...
s presents a question for the Department of Justice: How can it proceed with the prosecution against him when he was already sentenced, and had that sentence commuted, for the charges it wants to retry?
Some in the government are trying to answer that. "I [am inquiring] as to how the United States Department of Justice could believe that any further prosecution of Mr. Esformes on charges for which he was already tried, sentenced and granted clemency by the President of the United States could possibly be constitutionally permitted, and in all events a proper use of United States government resources?" asked Sen. Mike Lee (R–Utah) in a recent letter to Attorney General Garland.
The query has yet to receive a response.
Is there any part of this system that still works remotely the way it was supposed to work? Are there any Constitutional principles left that still function?
More Geneaology
The discussion of genealogy interested several of you, so here's a piece Dad29 sent me yesterday on the Celtic influence on the American South in the early period. The link with the Highland Charge is a frequent claim I have always found persuasive, although that link -- like all of this stuff -- is debatable and subject to alternative explanations.
The Irish did very well in the South compared to the majority of them who migrated north; the South welcomed them as white men, because the deadly threat posed by slavery meant that only the black/white division mattered. In the North, they were often not as readily accepted into the general population.
My ancestors were all in what became the United States before the Revolution, and passed into Tennessee in the first generation of Americans to do so. Most of them came from Scotland, but the names include Welsh, obviously Norse derived names like Thurman, as well as plenty of Duncans and others with obviously Scottish names. Very Celtic, if one accepts that the Scottish Vikings were also strongly Celtic.
The article also admits Joel's consideration that at least part of the Scottish Borders were strongly Anglo-Saxon, which made an additional admixture.
Lefty Frizzell
I don't think I've seen Lefty here before, though maybe I've missed him or forgotten. In the early 1950s he was probably as popular as Hank Williams, but that doesn't seem to have lasted.
He wrote this first one, which I'm sure you've heard covered by others:
Six Billion Dollars
Two Surprising Stories
How Long?
Keeping Enemies
This is an observation that sounds like a reliable indicator of genuine privilege.
…the observation from William Dean Howells that the problem for a critic isn’t making enemies but keeping them...
I get the point, but none of us have trouble keeping enemies. We have been the declared enemies of the powerful since at least the 90s. I mean that they declared enmity for us; and they have never wavered.
From a piece on the expansion of the surveillance state, in which the American government proves to have turned its formidable intelligence and influence apparatus against its own people.
Joe Biden Praises the Scots-Irish
The family ties the pride in those Ulster Scots immigrants, those those Ulster Scots immigrants who helped found and build my country, they run very deep, very deep.Men born in Ulster are among those who signed the Declaration of Independence in the United States pledging their lives, their fortunes and their sacred honour for freedom’s cause.The man who printed the revolutionary document was John Dunlap. He hailed from County Tyrone. And countless, countless others established new lives of opportunity across the Atlantic. Planting farms, founding communities, starting businesses, never forgetting their connection to this island.As a matter of fact as you walk into my office, the Oval Office, in the US capital, guess what? You know who founded and designed and built the White House? An Irishman. That’s not a joke. Not a joke. Passing it down generation after generation.Your history is our history. But even more importantly your future is America’s future.
7 Revelations in the US Intelligence Leak
Justice through Pardons
On Friday, 37-year-old Army sergeant Daniel Perry was found guilty of fatally shooting Garrett Foster, an Air Force veteran and BLM protester.Perry’s defense lawyers say he shot Foster in self-defense at a demonstration in downtown Austin, Texas, on July 25, 2020.Texts from Perry in which he wrote he “might have to kill a few people” who were “rioting” outside his apartment were used in the trial, which began on March 27.He said he felt threatened after 28-year-old Foster pointed his AK-47 at him, though witnesses said they never saw Foster raise his weapon.
I was of course not there, but I notice that witnesses 'never seeing' things at these kinds of events is a common defensive strategy. There's a case in Atlanta right now around the so-called "Cop City" protests where a Georgia State Trooper was actually shot, and the witnesses -- who are mostly members of various activist groups and anarchist circles -- claim that they never saw a gun, so the cop must have been shot by one of his own. The police say they recovered his gun, can show that he purchased it, and that forensics establish that it was definitely the one that shot the trooper. The protesters say that they haven't seen or independently verified the police's forensics, so they will continue to hold that the trooper was shot by other cops.
It's possible. In the old days we would go to court and hash it out, trusting the jury to make a fair decision. In the current climate, juries and jury pools are selected for being subject to confirmation bias -- and so are prosecutors. Here as in the DC cases we've been watching, the prosecutor from Austin is biased and the jury pool draws from the most left-wing community in Texas.
On Saturday, Abbott wrote Texas has one of the nation’s “strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney.”
Noting that, unlike other states, the governor in Texas is only allowed to act on a recommendation from the Board of Pardons and Paroles, Abbott said he had already “made (the pardon) request and instructed the Board to expedite its review.”
Abbott also noted he’s “already prioritized reining in rogue district attorneys,” likely referring to Travis County District Attorney Jose Garza.
This points to a failure of trust in our system so basic as to make certain areas very dangerous even to visit. Armed and violent riots are being coupled with an official system of punishing not the rioters, but anyone who defends themselves. This was prominent in Venezuela, where roving gangs loyal to the Communist government were enforcers of terror, protected by the law rather than restrained by it.
Conan Report
Stop the bleed
Normally, we should leave tourniquet use to civilian or military personnel with proper training. Most hemorrhages even from amputation can be controlled with direct pressure, elevation, and packing of the wound.
Having said that, no patient should bleed out because we're afraid of a tourniquet. The complications from tourniquet use can be very serious indeed, but not in comparison with death. A tourniquet is a viable backup measure even for amateurs if other strategies aren't enough to save life, especially if transport to a hospital must be delayed.
If the safety of the patient or of caregivers requires emergency movement, use a tourniquet to control a life-threatening hemorrhage, but reevaluate it ASAP once in safety.
Place the tourniquet about a palm's width "upstream" (proximal, not distal) from the wound, or more if necessary to avoid a joint. If there is an impaled object, don't let the tourniquet press down on any part of it.
Remove all clothing from under the tourniquet (note that your first-aid kit should include fabric shears), and leave the tourniquet exposed, with no bandage wrapped over it. Mark the presence of the tourniquet prominently, including the time it was applied (note that your kit should include a Magic Marker to write on a bandage away from the tourniquet but easily visible to the next worker). Tell a conscious patient to inform every medical worker he comes in contact with when the tourniquet was applied.
Generally, you may need to tighten a tourniquet in the field but should almost never loosen it. Tighten the tourniquet if the wound continues to bleed below the pressure point, other than oozing from exposed marrow. Do not loosen a tourniquet in the field in any of these situations: (1) obvious signs of shock, (2) amputation, (3) resumed hemorrhage upon trial release of the tourniquet, or (4) (in a long-term emergency rescue) after the tourniquet has been in place for 6 hours. Even if hemorrhage no longer is an immediate danger, restoring long-blocked flow to blood-starved tissues can cause deadly problems that require more intensive medical care than you can possibly give in the field.
From Raven: Snowboarding Rescue
Look how just a little preparation allows one man to save another from a tree well.
Rites of Spring
An Easter Joy
By chance coincidence, AVI just had a post last week about this in which he wisely warned against such things. An ancient inscription I also saw last week says likewise:
I am in tears, while carrying you to your last resting place as much as I rejoiced when bringing you home in my own hands fifteen years ago.
So I am fairly warned.
Happy Easter
Charlotte
National Beer Day
Today is also National Beer Day. I guess it is only fitting that I post some appropriate music for this important holiday.
Good Friday Music
W.A.S.P. was one of the more outrageous heavy metal acts of the '80s. In fact, the PMRC listed one of their songs amongst the "Filthy Fifteen." No one in the band was more outrageous than its frontman, Blackie Lawless. However, a number of years ago Blackie Lawless reconnected with the Christian faith of his youth. Since then, Christian themes have featured prominently in the band's lyrics. W.A.S.P.'s last album was the 2015 release, Golgotha. The song below is one of my favorite from that album and particularly appropriate for today.
Declaration of Arbroath
Todays date was chosen for National Tartan Day because it was the date of the signing of the Declaration of Arbroath in the year of our Lord 1320.
From these countless evils, with His help who afterwards soothes and heals wounds, we are freed by our tireless leader, king, and master, Lord Robert, who like another Maccabaeus or Joshua, underwent toil and tiredness, hunger and danger with a light spirit in order to free the people and his inheritance from the hands of his enemies. And now, the divine Will, our just laws and customs, which we will defend to the death, the right of succession and the due consent and assent of all of us have made him our leader and our king. To this man, inasmuch as he saved our people, and for upholding our freedom, we are bound by right as much as by his merits, and choose to follow him in all that he does.But if he should cease from these beginnings, wishing to give us or our kingdom to the English or the king of the English, we would immediately take steps to drive him out as the enemy and the subverter of his own rights and ours, and install another King who would make good our defence. Because, while a hundred of us remain alive, we will not submit in the slightest measure, to the domination of the English. We do not fight for honour, riches, or glory, but for freedom alone, which no true man gives up but with his life.
Emphasis added.
National Tartan Day III: Firefighters
There have been several tartans designed for firefighters, mostly for pipe and drum bands associated with fire departments. Sadly, their duties are normally at funeral services.
Here are a few, either universal or local to North Carolina.
Firefighter Memorial Tartan designed by Kelly Stewart, who notes: "Lastly, the three red lines in the middle of each square are 3 red threads, 4 red threads and three red threads - representing the 343 NYFD firefighters who lost their lives on 11th September 2001 - the largest number of firefighters who ever perished in a single day in the history of the United States."
National Tartan Day II: Military Issue
There are very many military tartans, too many for a useable post. After the jump, I will put up some of them, but only for the American military. I will not include the Confederate military, though it is officially considered part of the American military by Federal law; they had several, as you might imagine given the heavy Scottish highlander ancestry in the Appalachians, especially North Carolina, which provided more combatants than any other state in that conflict. I will only include current-service US military units.
I will also not include veterans' associations, such as the Combat Veterans Motorcycle Association, purely for the sake of brevity. There are lots of those too.
National Tartan Day
It's National Tartan Day, the annual celebration of Scottish heritage. Many states have registered district tartans that residents can wear, including both the state in which I was born and the state in which I currently reside.
Scenes from Western North Carolina
I met this gentleman, whose name is Jim, along with his daughter Dakota and his granddaughter (who is 7 and introduced me to her puppy). The horses were Frank and Jesse James, Frank being the one who was blind in the right eye. My son and I were out on the motorcycles, and met him on a mountain road. He offered us another kind of ride, which of course I took. He's a cool old character: blacksmith, farrier, and rebuilder of classic muscle cars. He took us over to his barn and showed us some of his collection.
Below the fold, some video from the fire scene the other night (taken after the fire was out).
Homecoming
It is an honor to once again join this august group of bloggers. To commemorate this auspicious event, I would like to introduce you to a favorite band of mine. Wytch Hazel is a band from Lancaster, England. Their sound is heavily influenced by bands like Thin Lizzy, Deep Purple, and Iron Maiden. Their lyrics center on Christian themes. They describe themselves in the following way:
"In the parallel universe where the New Wave of British Heavy Metal happened 600 years early, WYTCH HAZEL are the band of choice for the discerning Plantagenet headbanger."
They had me at Plantagenet headbanger.
The first song is from their upcoming album,
"Sacrament," out on 2 June. The other two songs are from their
previous album, "Pentecost."
Supermajority
The Sword
This one is a laid back piece, but try this one too:
And this one:
You get a lot of country music, Western music, and roots Americana on this blog, but that's not all we do around here.
Appalachian State Wage Discrimination
"Pagan's Progress"
Harry has said he’s “not religious,” but he is spiritual. Christianity leaves him cold, but he pursues enlightenment with a zeal that would have warmed the heart of a Puritan divine. He travels this path alone, guided by drugs, spirit animals sent by his late mother, Diana, and daily yoga and meditation....At around 15, Harry experienced a ritual induction into manhood. Guided by Sandy, a family retainer, he shot a stag. Sandy slit the dying animal’s throat and belly and told Harry to kneel.... Sandy pushed Harry’s head inside the carcass and held it there. “After a minute I couldn’t smell anything, because I couldn’t breathe. My nose and mouth were full of blood, guts, and a deep, upsetting warmth.”“So this,” Harry tells himself, “is death.” Yet he’s ecstatic. “I wasn’t religious,” Harry writes, “but this ‘blood facial’ was, to me, baptismal.” Finally, he has lived the “virtues” that had been “preached” to him since childhood. Culling the herd is being “good to Nature” and “good to the community.” Managing nature is “a form of worship,” and environmentalism is “a kind of religion” for his father. For the first time Harry feels “close to God.”
This reminds me of another insight of GKC's:
The only objection to Natural Religion is that somehow it always becomes unnatural. A man loves Nature in the morning for her innocence and amiability, and at nightfall, if he is loving her still, it is for her darkness and her cruelty. He washes at dawn in clear water as did the Wise Man of the Stoics, yet, somehow at the dark end of the day, he is bathing in hot bull's blood, as did Julian the Apostate.
The thing about being an apostate from the Church of England is that there's no peril in it. You can be a witch or a druid without fear in the lands consecrated to the Church of England; you can be a witch or a druid without ever leaving the Church of England. It's an easy faith, whether ardently beloved or rejected. It hunts no heresies and no heretics.
I'm reading currently a very similar book, though, by a young Muslim woman who has adopted a similar path to rethinking Islam. I'm struck by how similar the paths are: she speaks of studying other religions for syncretic purposes, seeking wisdom from Native American elders, becoming a witch, taking magic mushrooms to appreciate the mind of God. Their paths are unique -- there is no room for orthodoxy in the religion of the youth, which every man or woman makes up for himself or herself -- but they are not dissimilar.
Yet she is to be praised in a way that he is not to be, because what she is doing requires real courage. Even though she lives in America and is relatively buffered from the perils, that buffer is in no way absolute. It takes a brave woman to try to live an Islam that incorporates witchcraft; it takes genuine courage to publish a book about doing so.
One mourns for Harry, who was once a soldier who knew virtues and courage. Not so for her, who is living such things even now. It is strange, really, how such similar paths can be so essentially different.
Smoke on the Water
April 9th
Having mostly learned the history of WW II from the American perspective of the expected final victory, movies like April 9th, about Danish soldiers tasked with delaying the German invasion in 1940, or Uprising, about the 1943 Warsaw Ghetto uprising, give me the very different perspective of the good guys losing.
In April 9th, a Danish platoon of bicycle infantry is tasked with holding off an invading column of German motorized infantry until reinforcements can arrive.
It does not work out that way, of course. The bicycle versus the armored car is a fitting metaphor for the fighting that ensues, but the actions and character of 2LT Sand drive the story. He is repeatedly given questionable orders, faced with setbacks and shortages, and forced to fall back, and fall back, and fall back. Sand is an honorable man who must balance his duty to follow orders with doing what he believes is the best thing, and he must handle the tension of men vs mission when the mission seems increasingly impossible.
I found the movie compelling, but I'm interested in this kind of story. It only has a rating of 6.6 out of 10 on IMDb, so apparently it's not to everyone's taste.
It is free on Amazon Prime right now, if you are interested.
Addition, 4/2/23: I guess to make the review complete I should address some other film aspects. I'll put these below the fold, and there are some slight spoilers.
Fire, Water, Wind
Ham Sandwich Time
Mike Lindell Draws Sword, Cuts Off Ear Of Officer Attempting To Arrest Trump
In other news:
Media Calls For Moment Of Silence For Shooter Who Was Misgendered
FBI Vows To Get To The Bottom Of What Christians Did To Provoke Attack
I thought the Bee only did satire.
UPDATE: According to criminal defense lawyer Toni Messina over at Above the Law, it was originally New York Judge Sol Wachtler who said that “If a district attorney wanted, a grand jury would indict a ham sandwich.” According to the Wikipedia page "Ham Sandwich," in the cultural impact section, this sentence was then quoted by author Tom Wolfe in his novel, Bonfire of the Vanities.
Powerlifting
This is the moment a male coach claims to be a woman and smashes the female bench press record at a powerlifting competition in Canada.Bearded Avi Silverberg is shown calmly approaching the bench in men's clothing as part of a protest against gender self-identification policies in sport.Silverberg then unofficially breaks the female bench press record for the 84+ kilograms women's category, which was a 270lbs press - officially set by a trans lifter.
Hell, I could break that record this afternoon in my warmup sets. (Note that it was set by a trans lifter, too, not a biological female).
More Good Legislative News in NC
The North Carolina legislature came together recently to pass strong anti-rioting legislation that will increase the penalty for those arrested in Antifa-style riots.House Bill 40, which passed with bipartisan support, contains the same provisions as a bill that was vetoed in 2021 by Democratic governor Roy Cooper....The legislation increases the penalty for those arrested for rioting where deaths or injury occurred, or significant damage was inflicted on property. It also increases penalties for anyone convicted of assaulting a first responder during a riot. Since radical organizations supporting Antifa rioters with systematic bail funds has resulted in revolving door justice, the bill also tightens bail and pre-trial release requirements.
Among the provisions of the law is a heightened penalty if you riot while on drugs (or while brandishing weapons). The prohibition against attacking emergency personnel (the term used in the law, rather than 'first responder') is a Class D felony, equivalent to being a member of a terrorist organization, trafficking in serious quantities of cocaine, train robbery, intentional arson, or voluntary manslaughter.
If we must have laws, at least let them be good laws. Until and unless actual revolution is justified, this kind of rioting is utterly destructive.
Mind Your Business
Used to Have a Heart....
Other News of Congress
NC Vote on Pistol Permits, Church Carry
EFFECTIVE IMMEDIATELY, any person seeking to purchase or transfer a handgun in North Carolina is no longer required to apply to the sheriff for a pistol purchase permit. All pistol purchase permitting laws in North Carolina have been eliminated by the enactment of Senate Bill 41, Guarantee 2nd Amend Freedom and Protections.Background checks will by done by the dealer when purchasing a handgun.
More important to my way of thinking was the church carry; you could already have dodged the difficult sheriff by getting a concealed carry permit, which would also serve as a pistol permit but which was 'shall issue' rather than 'may issue' from the perspective of the sheriff. Letting parishioners protect each other is a big deal.
On Nashville
On "Transgenderism"
Who Defends Free Inquiry?
“Over time, American communities will build beautiful, church owned public-access libraries. I’m going to help these churches get funding. We will change the whole public library paradigm. The libraries regular Americans recall are gone. They’ve become liberal grooming centers.”
Technically that's not a call to defund public libraries, only to fund a new array of public-access libraries run by churches. It is true that the libraries of today often feature displays of books that are left-wing in character, and the ALA tends to side with the cultural left openly and reliably. Just as there's a desire to separate from each other politically, there's an understandable desire to separate from each other culturally.
The basic principle of free inquiry needs defenders. I understand that parents may not always want their children exposed to some things at early ages, and I agree that parents should have their rightful authority to guide their children's lives and educations recognized. That said, there needs to be a defense of the right of adult minds to think and speak honestly even when what they have to say is unpopular -- or popular with many ordinary people, but not with the wealthy and powerful.
Right now there doesn't seem to be an agenda by either party to defend freedom of speech and inquiry. There are movements on both sides (to the degree that there are two sides) to oppose it. That's a matter of grave concern.
UPDATE: Now book burning.
"More FBI in the Proud Boys than Proud Boys"
“There’s more C.H.S.s than there are defendants in this case,” Sabino Jauregui, one of Mr. Tarrio’s lawyers said, using an abbreviation for confidential human source, the F.B.I. official term for an informant.“I asked my intern the other day if she’s a C.H.S.,” he said.
In addition to being the heaviest concentration on J6, they had a secret police informant inside the defense team, which has only just come out -- well into the trial.
Victim-Blaming Pays for Antifa
Andy Ngo gives a glimpse of how Antifa is being funded by the very cities they attacked.
The basics are, first, Antifa deploys lawyer "green hats" among the rioters to record events from their side. Other Antifa elements are tasked with identifying non-Antifa media for intimidation and theft or destruction of recording equipment to keep anyone else from generating video evidence against them. Then, after the riot, they sue the city for excessive police violence. Typically, the city DA decides not to fight them on it and the city forks over millions. Rinse and repeat.
In your heads
Pitch perfect
“We also learned of a debate that will be happening on campus in a few weeks over what I think is an utterly false binary of ‘diversity, equity, and inclusion’ versus ‘merit, fairness, and equality.’ A number of people, including me, were invited to participate in this event last year. We declined based on the framing, but it fueled our thinking about how to set the right conditions for a discussion — avoiding simplified versions of issues and concentrating on a format that will broaden attendees’ perspectives rather than on having one side ‘win,'” Dozier said in a March 15 news release announcing his own set of conversations to be held on campus."False binary" is a terrific opening: smug, universal in its application, and announced with dignity and a profound disinclination to explain. Some of you troglodytes may have been thinking there's an inherent conflict between DEI (or as we now apparently call it, DIEB, for "belonging") and merit, fairness, and equality. Well, you're wrong, that's all, and by the way shut up. So much for framing: you did it wrong, now go away.Also, the format is problematic, an observation that is much deeper and more nuanced than taking a position on the issue to be argued. The whole point is to broaden the perspectives of you troglodytes, not to give you some kind of opportunity to, what do we call it, "win." Winning is very primitive and binary. Also, that other thing, the one that's not winning, is not something we particularly wish to think about, and the fact that you're willing to think about it--yes, we can see you salivaitng over there--only shows how narrow, false, and binary you are.We need to set the right conditions for a discussion. Actually, several of us make a living enforcing those conditions, for a generous and virtue-affirming fee that supports an enviable lifestyle. The goal is not to simplify issues but to compound them into multifarious enigmas spring-loaded with lots of rage, while preserving the flexibility to shift one's ground constantly, with lots of pained expressions. We call these interactions "conversations." We have ways of making you like them. Shall we have one now? Just nod, we'll tell you if and when it's your turn to speak.



















