Conflict of Interest

Andrew McCarthy writes:

I believe some, if not all, of the communications between Obama and Clinton should be classified. To classify them now, however, would imply wrongdoing on both their parts since they knew they were communicating via private, unsecured e-mail. Essentially, Obama is invoking executive privilege because the effect of doing so — viz., non-disclosure of the e-mails — is the same as the effect of classifying them would be . . . but without the embarrassment that classifying them would entail.

Now we come to the rub: it's not just that the President is protecting his party's nominee. His own gross negligence in allowing her to get away with it might rise to the level of a crime.

An insurance story that isn't a disaster

Much as I despise my new HMO Obamacare policy, which I never, ever wanted, I have to admit they came through for me on cataract surgery this week, even though the surgeon, the facility, and the anesthesiologist were out of network: completely covered. I feel compelled in fairness to acknowledge this success. On the medical front, I dreaded yesterday's operation, but it turned out to be a complete piece of cake. By yesterday evening I already could see better in the new right eye than in the left, after relying almost exclusively on the left eye for some time now and sort of editing out input from the right. I have better distance vision without glasses in the new eye than I have with glasses in the left. I asked the doc to bias my new lens in favor of near vision; he believes that by this evening the swelling will abate and I'll be able to read without glasses, as I almost can already. Medical intervention is getting impressive in many ways.

Concealed Carry Saves a Deputy

Son has a moustache, too.

“I’m alive today because of him,” the deputy, 23-year-old Dylan Dorris said Wednesday, reflecting on the events surrounding a disturbance call outside a Bastrop County gas station Jan. 16. “There are no words to explain it. He’s such an outstanding citizen. He’s here for our country, our community and you really feel the love.”

Ideally, this is how it works.

What if the 2nd Were Repealed?

A thought experiment.

As a legislator and I am always interested in people’s opinions. This is a thought experiment; a hypothetical. There are no right or wrong answers.

* What would you do if all of the requirements of Article V of the Constitution were met and the Second Amendment was repealed?
* What would you do if the Second Amendment was effectively repealed by a US Supreme Court ruling that the right to bear arms does apply to an individual, but only individuals in a militia?
* If the defense of the Second Amendment rests in reference to the Constitution as it stands now, what argument would you use if the Constitution was changed to no longer protect the individual right to bear arms?
* As a law abiding gun owner, would you give up your guns?
* What do you think would happen to violent crime rates, accidental shootings and suicides?
* Would you follow the new law of the land that was legitimately established, just as laws allowing the possession of a firearm have been legitimately established?

I care about the opinions of citizens of America; I would like thoughtful comments in the comment section about what law abiding gun owners would do if the Second Amendment were repealed or if the SCOTUS issued a new ruling reversing the Constitutionality of the individual right to bear arms.

You can read the answers at the link, but it might be better to give your own in the comments.

Wanted: Independent Prosecutor

The current Secretary of State also sent SECRET information over an unclassified account... to the former Secretary of State.

Somebody's got to clean this mess up, and it can't be someone who reports to any administration. The current administration won't do it, and an opposition administration would be accused of partisan punishment. We need an independent prosecutor dedicated to cleaning house.

Failing that, you know, there's good odds you're putting it in front of Ted Cruz next spring. So maybe if you're the administration you'd like an independent prosecutor, all things considered.

24 March is Sine Day

All right, boys, we just have to get from now until then: the Georgia Legislature's both houses have set the 'without a day' adjournment that marks the end of the 40 day term. Keep watch on them until that day, and we'll be free for a year.

Medical marijuana still seems to have a good chance of being passed in some form this year. Casinos, not so much, but they're still alive.

There's a semi-new gun bill, too: campus carry is back for another try. Georgia's universities are pretty set against it, though, and it'll have a tough fight getting through the Leg in the teeth of opposition from the administrations and police departments of all our major colleges. They can't stop a school shooting in a "gun free zone," but those are statistically rare. From day to day, they want the right to run you off campus (or into jail) if they catch you with a gun.

Chris Kyle Day

This is the second annual Chris Kyle Day in Texas, honoring the 'American Sniper' for his courage on the battlefield and his work with injured veterans back home. I don't do a lot of annual memorial posts -- really just one on 9/11, as a rule -- but I missed it last year when the Texas governor first made it real. It's a good idea, and a worthy addition to the calendar.

From "Avilion," by Sallie Bridges

Written in 1864, this poem pictures a visit to the island of Avalon, given in an alternative spelling, to visit Arthur and -- surprisingly -- Guinevere. I don't know enough about the author, one Sallie Bridges, to do her justice. She wrote a lot of Arthurian poetry, and was apparently inspired by Tennyson. Here is an excerpt describing what she thought it might be like to approach the island:

I turn'd towards the glories of the sky.
The slanting rays shot up the azure arch
In silver streaks that waned in motes away,
Tinging the fleecy clouds with rainbow hues;
We sail'd on golden ripples, whose light foam
Died on th' horizon's verge, where, half in heaven,
A purple island hung with rosy shores;
While stretching off on either side there shone
White lustrous mountains edged with peaks of fire.
We came anear at last. Delicious airs
Play'd o'er my brow, that brought a faint, rare sound
Of distant harmony; while through my limbs
New vigor ran, that sent the dancing blood
Tingling in languid veins, as each heart-throb
More quick and eager with expectance grew.
In buoyant feelings I had long forgot,
My youth and hope came back to me once more;
And, like the slow uprising of a mist,
There roll'd away the darkness that was laid
Between my mind and things I strove to solve;
Deep, secret meanings dawn'd upon my brain,
That had been dull'd with dust, but in this clime
Saw clear the hidden truth. Sorrow and pain,
That woke such wild, blind prayers, look'd only now
As ministers to purify desire;
And e'en the earth's great riddle that we beat
Rebellious will 'gainst, -- ah! I may not show
What grand significance e'en evil took!

I'm All For Learning Experiences

A pro-rape activist -- no, really -- is organizing events in 43 countries.

Valizadeh argued on his blog last year that rape should be legal on private property.

“By attempting to teach men not to rape, what we have actually done is teach women not to care about being raped, not to protect themselves from easily preventable acts, and not to take responsibility for their actions,” he wrote at the time. “I thought about this problem and am sure I have the solution: make rape legal if done on private property.”

“I propose that we make the violent taking of a woman not punishable by law when done off public grounds,” Valizadeh said.

I don't agree, but I do have a modest counter-offer. How about if we make it legal to beat people who advocate for legalized rape, provided that it's done on private property? I think it could be a real learning experience that would teach an important lesson about the underlying principle at work in anti-rape laws. I suspect they would discover a new appreciation for that principle from the experience, one that could settle this debate once and for all.

Coin-Toss in Iowa

Apparently an important part of the process of apportioning delegates. Clinton won a... surprising number of them.

I guess tossing a coin, if it is an honest coin, is as good a way of picking a President as anything. We just need a more random process for determining among whom the coin is choosing to go with it.

UPDATE: C-SPAN reports Clinton fraud in Polk County (which, by the way, is a huge county).

Russian Propaganda Says Hillary Clinton Emails to be Used in Court Trial

Putin's government gets to use the weekend's news both to rub her face in the security lapse, and to advance its own agenda against Ukrainian forces. Here's the intro:

A very intriguing Federal Security Services (FSB) report prepared for The Investigative Committee of the Russian Federation (SLEDKOM) relating to the trial of Ukrainian “spy/terrorist” Nadiya (Nadezhda) Savchenko states that “beyond top secret” emails obtained from a “private computer storage device” belonging to former US Secretary of State Hillary Clinton “should/must” be allowed into the sentencing phase of this case due not only to their “critical relevance”, but, also, because the “apprehension” of them falls outside the purview of the Foreign Intelligence Service (SVR).

Naturally you should understand that this is all a pack of lies. There's no reason to believe the emails in question had anything to do with Ukraine, nor that legitimate copies of Clinton's emails will be used in a Russian court. The statement comes only a day or two after the State Department admitted to the existence of these emails. While it is likely that Russian intelligence obtained them, this story is just Putin's propaganda people using the story for advancing the ball.

On the other hand, the 22 emails are 'too damaging to release, even redacted.' So Russia's free to say whatever they want, and to generate any "emails" it wants, and enter them into the court record without fear of contradiction. We might get a denial from Clinton that the emails are genuine, but what's a Clinton denial worth even in America?

It's a very neat trick. Any Russians wondering if the story is true will find ample confirmation that these SAP emails existed in the international press, and that State has refused to release them because they are so damaging. They will find US officials confirming that it is virtually certain that Russian intelligence obtained these emails. Why not believe the story, given all that?

UPDATE: This story, on the other hand, might really be true -- and if so, prison is too good for her.

Feature/Bug

I doubt the survey, but it would be funny if true: Large percentages of federal workers claim they would leave their jobs if Trump were elected. He ought to make a campaign spot out of it.

From Your Lips to God's Ears, Senator!

Elizabeth Warren: "The next president can honor the simple notion that nobody is above the law, but it will happen only if voters demand it."

A Patriot's Take on Oregon

I've posted this guy's videos before: if Arab immigrants were all like him, we couldn't have too many. We might not even be able to have enough. Some of the language is strong, but only a bit.

Ah, the United Nations

In the comments to Tom's post, I was offering super-national organizations as a counterexample on issues of governance. They worked in that one case, but that's not to be misread as a general endorsement by me of them. They are potentially a serious affront to sovereignty, and they can become badly misguided.

For example, just this week the United Nations has had one of its working groups declare that the United States should pay reparations to black Americans, and also 'affirmed abortion as a human right.'

Now, in the past I've defended the plausibility of reparations, but conditioned on the ideal of compensation as settling the matter once and for all. That's not where the working group was headed. They want "reparatory justice" to be accompanied by "monuments and memorials" to make sure, I suppose, that future generations never forget the offense. The whole concept of a weregeld is that the blood money should settle the blood feud. You don't keep bringing it up. It's settled.

As for abortion being a "human right," what about the human's rights whom you are killing? I can accept the necessity of abortion in cases where the mother's life will be lost as well as the child's due to complications in the pregnancy. In that case, though, we're not talking about the exercise of a right but the performance of something akin to a duty. It shouldn't be a choice for which someone should feel guilty, but rather a tragic but necessary action taken to save life.

Internationalism has its place in dispute resolution, but the nice thing about it is that they aren't capable of forcing you to comply. They can make suggestions, but they are just suggestions unless you consent as a nation to be bound.

Why Real-World Democracies Don't Have the Consent of the Governed

Ilya Somin has an interesting article which argues that "the authority of actually existing democratic governments is not based on any meaningful consent. In a genuinely consensual political regime , 'no' means 'no.' But actual governments generally treat 'no' as just another form of 'yes'".

He contrasts our common idea of consensual, e.g., I order something from Amazon and Amazon sends it to me, with the government. One example he uses is that I may vote against a particular law, or a politician who promises to impose that law, and yet if more people vote the other way, the law will be imposed upon me against my will, the exact opposite of what we mean by "consent" in other matters.

He points out that we have no reasonable way to opt out of government control. Moving to another country simply doesn't solve the problem.

Additionally, he points out, the government has no enforceable duty to us. The USSC has repeatedly ruled that the police have no duty to protect you; if they ignore your 911 call and you die because of that, too bad.

So, in short, this is rather like Amazon simply deciding to charge you for things, never sending them, and you having no recourse. If it were not government, backed by overwhelming force, we would never stand for it.

He covers a number of other reasons why current democratic governments are non-consensual and then moves on to why that is important.

... the nonconsensual nature of most government power does not prove that government is necessarily illegitimate, or that democracy has no benefits. Government power might often be justified on consequential grounds, such as its ability to increase social welfare, provide public goods, or curb injustice. ... And democracy still has a variety of advantages over dictatorship or oligarchy. Among other things, those types of regimes are usually even less consensual than democracy is.

But the lack of consent does undercut arguments that we have a duty to obey the government because we have somehow agreed to it or because it represents the “will of the people.” When the government makes unjust laws, it cannot so readily claim we have an automatic duty to obey them, regardless of their content.

Moreover, if government power must be legitimized by its consequences rather than by its supposedly consensual origins, that strengthens the case for imposing tight limits on the state in areas where the consequences are negative, or even ambiguous. ...

And this is pretty much where he leaves it. I wish he would have explored what a consensual government would look like, or even if such a thing is possible. One of his sources, Georgetown Professsor Jason Brennan, argues that it is not.

Brennan, according to his bio, is currently writing two books with the titles Against Democracy and Global Justice as Global Freedom. I can guess where he goes already.

So what about consent and the justification for democracy? What about those consequential justifications? What about the idea of the "social compact / contract" for those who were born into the system and had no say in writing that compact or contract?

Somin is a libertarian, and I also think that's where this leads us: All government is violence: vote for less.

But. I also question the idea of consent as applied only to particulars. Instead of this particular law or that particular tax, consent could be to the system. In this case, democracy looks more like a team sport. I don't consent to the other team scoring a goal -- in fact I do my best to make sure they don't. But I do consent to play the game and abide by the rules and the referees' calls.

That is weak, though. In a sport, if I decide I no longer want to play or abide by the rules, I can quit and do something else with my time. Not so with government. This is a sport we are forced to play. Again, I think the coercive nature of the relationship argues for the minimum government necessary. The less the government impacts my life, the more I can live it in consensual relationships outside of government control. It isn't perfect, but it seems a lot better than the alternatives.

Woah.

Carly Fiorina rings some bells on why Mrs. Clinton cannot be President.

An Interview With the Woman in Charge of the T-TIP

Do you have concerns about the damage to national sovereignty from the Trans-Atlantic Trade and Investment Partnership? Have you noticed the intense popular opposition to it, and how it steamrollers on without taking much notice? A reporter from the United Kingdom's Independent got a word with the boss, who explains.

When put to her, Malmström acknowledged that a trade deal has never inspired such passionate and widespread opposition. Yet when I asked the trade commissioner how she could continue her persistent promotion of the deal in the face of such massive public opposition, her response came back icy cold: “I do not take my mandate from the European people.”

So who does Cecilia Malmström take her mandate from? Officially, EU commissioners are supposed to follow the elected governments of Europe. Yet the European Commission is carrying on the TTIP negotiations behind closed doors without the proper involvement European governments, let alone MPs or members of the public. British civil servants have admitted to us that they have been kept in the dark throughout the TTIP talks, and that this makes their job impossible.

The T-TIP's mirror image is the Trans-Pacific Partnership, or TPP, which is also being negotiated in secrecy. Congress wasn't allowed to look at the text except in a secured room from which they were not allowed to take notes, and they were sworn not to talk about what they saw. When the Obama administration was asked about opposition, they had the audacity to say that their opponents couldn't name anything specifically wrong with it. Well, indeed they could not: they were forbidden by law.

Both of these treaties need to be shot down or, failing that, abrogated immediately by the first better administration we get.

Babylonian integral calculus?

This article claims the Babylonians knew that the area under a curve showing velocity as a function of time equaled the distance traveled.

When we're not watching

Sheriff's office's got moves.