Category Archives: Criminal Injustice

Fierce, Fabulous Fallaci

Classical Liberalism, Criminal Injustice, Critique, Free Speech, The Zeitgeist

Here’s an interview with Oriana Fallaci in The New Yorker that doesn’t do her justice. Fallaci is unique in the annals of journalism. No superlative can properly describe the kind of irreverent grilling she subjected her interviewees to. The clubby, tête-à -têtes journalists conduct with their overlords are a disgrace—they’ll never come close to Fallaci’s skin-them-alive inquisitions.
Omitted from this interview is how Fallaci began her exchange with Qaddafi. It approximates the following paraphrase: “So your manifesto is so small and insignificant it fits in my powder puff. Why should anyone take you seriously”?”
When I attended journalism school, my teachers held her up as the iconic role model to emulate (of course, this would be unheard of in the left-liberal, groupthink dominated journalism schools of today). Thus one of the nicest compliments I’ve ever received was Reginald Firehammer’s. In “The Passion of Principles,” his review of my book for the Randian Free Radical, he likened my passion to Fallaci’s. The passion, perhaps, but never the courage, the life-force, or the capacity for adventure.
The New Yorker’s Margaret Talbot depicts Fallaci as pathologically anti-authoritarian. Is there any other way to be? Talbot, moreover, likes Fallaci’s classically liberal feminism, but flagrantly frames her crusade against Islam as a function of waning faculties. Yes, Fallaci is out of place in youth-worshipping America, where the lukewarm nonchalance of a Wonkette and her “Whatever” Generation is considered the ideal intellectual and existential temperament.
It would, however, be a grave mistake not to heed Fallaci’s warnings. This is an immensely cultured woman, steeped in the past. She understands history and the forces that shape it. More material, she has lived it.

Enron: Criminal Conviction Absent Proof of Intent

Criminal Injustice, Enron

As the Associated Press has reported, “Former Enron Corp. chiefs Kenneth Lay and Jeffrey Skilling were convicted [today] of conspiracy to commit securities and wire fraud in one of the biggest business scandals in U.S. history.” (Curious about what Stephen Bainbridge has termed the Left’s penal philosophy? Check out “Bend over Kenny-Boy” at Air America. Foul and cruel).

Securities Fraud? Read “Communism in Capital Markets” to find out what I think of that charge. Wire fraud? Observe what libertarian economist Pierre Lemieux has to say: “Mail and wire fraud are just manufactured crimes by the Surveillance State—crimes that do not exist in civilized countries. Fraud, defined in its politically correct, anti-business, catchall sense of today, has come to mean what the state does not like.”

But mainly, has intent been proven? Have the self-righteous prosecutors, preening for the cameras, proven beyond a reasonable doubt that the men at the helm of this once-fantastic corporation intentionally made predictions that didn’t pan out? Or that their exuberant optimism, which translated—if my recollection serves me—into aggressive bookkeeping, was intended to deceive and defraud?

Has this been proven? Hardly. Even so, as Bill Anderson has repeatedly maintained, cases like this belong in civil court.

As for the market, it certainly doesn’t need the prosecutors or the regulators. The market punctured the dot.com hype, and it did the same to Enron. If you recall, the saga began when Enron came up with an innovative way to trade energy. Soon, other companies got a whiff of the initial exorbitant profits, entered the same market, and competed away the Enron advantage, putting the squeeze on the company’s margins.

When the company emerged as no more than hedge funds and hot air, the same self-regulating market saw companies wooing the wary investor with open accounting practices, offering transparent, cash-flow-based financial statements, as well as vouching that their auditors do not double up as consultants, ala Arthur Andersen.

However, the people were angry, even though many of Enron’s employees had made the kind of money off the company you and I will not see in our lifetimes. They hoisted their pitchforks, and Bush responded with regulation first (The “Sarbanes-Oxley Act” aka the Corporate Corruption Bill), and prosecutions later. All very sad.

Afghani Judiciary is Criminal, Not 'Conservative'

Criminal Injustice, Islam, The State

In the matter of Afghanistan V. Abdul Rahman: Rahman faces the death penalty for converting to Christianity. The Christian Science Monitor characterizes the case as showing “the tension between the more Western approach being advocated by Karzai’s government, and more conservative elements in the country.”

Come again! Conservative elements? These are criminal, not conservative, elements.

By natural law standards, to kill someone for of his beliefs is a crime. Natural justice is immutably true; it is the ultimate guide to what’s right or wrong. The law of the state—any state—ought to be rejected and condemned when it conflicts with natural law.

Most of what Bush does is naturally illicit, but that’s another story.

Afghani Judiciary is Criminal, Not ‘Conservative’

Criminal Injustice, Islam, The State

In the matter of Afghanistan V. Abdul Rahman: Rahman faces the death penalty for converting to Christianity. The Christian Science Monitor characterizes the case as showing “the tension between the more Western approach being advocated by Karzai’s government, and more conservative elements in the country.”

Come again! Conservative elements? These are criminal, not conservative, elements.

By natural law standards, to kill someone for of his beliefs is a crime. Natural justice is immutably true; it is the ultimate guide to what’s right or wrong. The law of the state—any state—ought to be rejected and condemned when it conflicts with natural law.

Most of what Bush does is naturally illicit, but that’s another story.