Category Archives: Justice

UPDATED (11/21/021): Prosecutorial Duties To Seek Justice Flouted In The Kyle Rittenhouse Trial

Argument, Crime, Criminal Injustice, Justice, Law, Left-Liberalism And Progressivisim, Media, Propaganda, Race, Republicans

Prosecutorial power to bring charges against a person is an awesome power, stress Paul Craig Roberts and Lawrence M. Stratton in The Tyranny of Good Intentions. Backing him, the prosecutor has the might of the state, and must never “override the rights of the defendant in order to gain a conviction.”

Unlike the defense attorney, whose job it is to defend the accused, regardless of guilt, the prosecutor’s job is to jail only those who are actually guilty. It is not unethical for a defense attorney to get a guilty client off—if the prosecutor can’t meet his burden of proof, it’s not the defense’s fault. But it is unethical for the prosecutor to prosecute someone he does not firmly believe is guilty.

Prosecutorial duties are dual. While acting as the plaintiff, the prosecutor must also take pains to protect the defendant’s rights.

This duty was clearly flouted in the trial of Kyle Rittenhouse, in which the prosecutor engaged not in a search for truth, but in full-on character assassination of the 18-year-old young man.

The hive media was along for the ride, as is evident from one in many such error-riddled reports in the once-august Newsweek. (They are all like this. Reporter here isn’t even corrected for spelling; she spells Judge Bruce Schroeder’s name two different ways in one sentence!)

The latest news:

Kyle Rittenhouse’s lawyers on Wednesday asked the judge for the second time in a week to declare a mistrial, this time arguing the defense received an inferior copy of a key video from prosecutors.

Defense attorney Corey Chirafisi told Judge Bruce Schroeder his team would have approached the case differently had it received the higher-quality video earlier. He said his newest motion for a mistrial would be made “without prejudice,” meaning prosecutors could try Rittenhouse again if the judge grants the mistrial.

Whereas Democrats are forever speaking up in defense of the armed militia of the Democratic Party, BLM thugs and rioters; Republican politicians for Kyle Rittenhouse where nowhere to be found. They do not give a dried camel’s hump to meet Dems on their combative terms on every front: cultural, legal, political.

It is clear that the adults had let young Kyle Rittennhouse down. They failed to explain to Kyle that he now lived in a country no longer free, and no longer based in ordered liberty. They forgot to tell Kyle that America was now systemically and institutionally anti-white. “Don’t do it, white boy.”

Whatever happens, one thing is clear: When Kyle went to Kenosha, “A Folk Hero was Born.”

Young Kyle went to Kenosha, Wisconsin, because he was never confused. He attempted to do the job politicians and police have refused to do. As the city’s mayor and the state’s governor watched Kenosha burn, Kyle confronted the enemies of the commonweal. Unlike the flaccid men of the media and in corridors of power, the 17-year-old rose to the challenge, firing only when he was prone and was being pounded by the feral fiends.

Now, let us all pray.

UPDATE (11/21/021):

* REMEMBER THE RIOTS of The Summer of Love, 2020? It turns out that politicians and the police who either stood down in Kenosha (and beyond) or knelt like ninnies need not have let THE COUNTRY BURN.

REPORTING FROM KENOSHA post verdict, NOV. 19, 2021, (I thought double-barreled surnames were a feminist affectation. Oh, I guess he is a feminist) points out that,

Three hours after 12 jurors found Kyle Rittenhouse not guilty on all charges, the front steps of the courthouse in Kenosha are nearly clear of demonstrators. The scores of Rittenhouse supporters and detractors who were there after the verdict are almost entirely gone.

The crowds were likely cleared by the culprits who, only a year prior, allowed the place to burn down.

UPDATE II (12/21/021): NEW COLUMN: Centralize Liberty: The Solution To Wicked, Woke Tech (Part 3)

Free Speech, Individual Rights, Justice, Labor, Law, Left-Liberalism And Progressivisim, libertarianism, Natural Law, Political Philosophy, Private Property, Republicans, Technology, The Courts, THE ELITES

NEW COLUMN: “Centralize Liberty: The Solution To Wicked, Woke Tech,” is now on WND.COM, The Unz Review, CNSNews, and The New American.

This column is Part 3 of a 3-part series. Read Part 1, “Big Tech’s Financial Terrorism And Social Excommunication” and Part 2, “Justice Thomas’ Solution to Big Tech’s Social And Financial Excommunication.”

An excerpt:

It is inarguable that by financially crippling and socially segregating, and banishing politically irksome people and enterprises—the Big Tech cartel is flouting the spirit, if not the strict letter, of the Civil Rights Act.

For how do you make a living if your banking options are increasingly curtailed and constantly threatened, and your ability to electronically communicate with clients is likewise circumscribed?

Do you go back to a barter economy (a book for some bread)? Do you go underground? Cultivate home-based industries? Do you keep afloat by word of mouth? Go door-to-door? Return to stamping envelopes? How can you, when your client base is purely electronic?

Telling an individual he can’t open a bank account on account of the beliefs and opinions swirling in his head teeters on informing your innocent victim he might not be able to make a living, as do other, politically more polite Americans, and despite his innocence: Our only “offenses” as dissidents are thought crimes, namely, speaking, or typing or wafting into the air unpopular, impolite words.

“[I]n assessing whether a company exercises substantial market power,” Justice Clarence Thomas has argued, “what matters is whether the alternatives are comparable. For many of today’s digital platforms, nothing is.”

To paraphrase this Supreme Court jurist: Sure, there are alternatives to The Big Tech, but these make a mockery of the outcast. It would hardly be hyperbole, in driving home Justice Thomas’s point about comparability, to put it thus:

With respect to financial de-platforming, barring someone from PayPal is like prohibiting a passenger from crossing the English Channel by high-speed train, via ferry and by means of 90 percent of airplanes. “Have at it sucker.”

By Deep Tech decree, some Americans are worth more than others, based not on their actions, but on the voiced thoughts in their heads. This cannot stand.

The letter of the law needs changing. Do it.

Civil Rights Act

Thus, the preferred remedy to Deep Tech depredations would build upon existing Civil Rights Act jurisprudence.

As a reality-oriented conservative libertarian, I inhabit and theorize in the real world. From the conservative-libertarian’s perspective, Barry Goldwater got it right. Civil Rights law is an ass, for it infringes on property rights. But the onus is on flaccid Republican lawmakers to ensure that that ass can be ridden by all equally (with apologies to adorable, much-abused donkeys for the cruel metaphor).

These are existing laws that are already enforced. I see no reason to reject the application of civil rights solutions to wicked, woke bullies because existing laws that’ll never be repealed go against my core beliefs. What is libertarianism? The art of losing in life because of a slavish devotion to theoretical purity? …

NEW COLUMN, “Centralize Liberty: The Solution To Wicked, Woke Tech,” can be read now on WND.COM, The Unz Review, CNSNews, and The New American.

UPDATED (10/26/021) I:

UPDATE II (12/21/021) II: “Berenson v. Twitter“:

Twitter is indisputably a messenger service. A longstanding California law regulates messenger services as “common carriers.” This means that they must accept all messages they receive. Twitter thus must accept all tweets it receives. It has no First Amendment rights to refuse them on the basis that it does not agree with them.
A federal law commonly called Section 230 “preempts” the California law, giving Twitter the right to reject tweets or ban users. (Whether that right is universal or whether Twitter must act in “good faith” in restricting service is a separate question; whether Twitter acted in “good faith” in this case is still another question. But put those issues aside for the moment.)
Section 230 is what enables Twitter to claim a First Amendment privilege that supersedes the California law and restrict my own First Amendment right to speak; thus federal courts have the right to review 230 on First Amendment grounds.

MORE.

UPDATE II (7/19 No Nuance Allowed) NEW COLUMN: South Africa Shames U.S. Democrats By Uniting Against Criminality

Crime, Democrats, Homeland Security, Justice, Law, Morality, Multiculturalism, Nationalism, Nationhood, South-Africa

NEW COLUMN IS “South Africa Shames U.S. Democrats By Uniting Against Criminality.” It is currently featured on WND.COM, The Unz Review, CNSNews,  Townhall.com and American Renaissance.

I expect to see the column in Junge Freiheit, a German weekly of excellence, which published my column for some years.

This column is quite a departure from my usual gloom about my homeland. However, when juxtaposed against the pervasive degenerate moral tone set by progressives in the USA—South Africa stands out positivity.

As I said in the column’s coda:

“For everything there is a season under the heavens,” Ecclesiastes teaches. “A time to break down, and a time to build up.”

I’ve cried for the beloved country—to conjure Alan Paton’s poignant tale titled “Cry, the Beloved Country” (1948), which was to apartheid South Africa what Harriet Beecher Stowe’s “Uncle Tom’s Cabin” was to antebellum America.

Now is the time to comfort, praise, and build the beloved country up.

An excerpt:  https://tinyurl.com/seh4cyc3

… in 2020, America erupted in race riots. Cities across the republic were sacked, citizens left defenseless. The camera panned out across the country to reveal policemen and guardsmen caving.

Against the backdrop of “Mad Max”-like dystopian destruction–a portend of things to come–American men in uniform all collapsed to the pavements like yogis to the command of their black tormentors. Bringing in the feds was a must since the protection of individual natural rights trumps federalism. However, while the national guard was galvanized, the cavalry was sent to race-riot hotspots to protect not the citizenry, oh no, but federal property.

As bad and as broken as my poor former homeland is, South Africa’s ruling elites came out with powerful declarations of shared moral values. There was no blame game–no allusion to systemic racism. The system of apartheid was not conjured from the past as causality for criminality. Whites were not demonized as the Evil Other. Over 2000 criminals have hitherto been arrested and 117 killed, I imagine, some by cop. Five thousand soldiers are already on the ground.  …

… By the thousands, South African authorities have been arresting rioters, not right-wingers. Stateside, the Federal Bureau of Investigation is proceeding energetically not against our BLM domestic terrorists, but against Trump-voting Deplorables…

… whereas riots make “Sippy Cup Joe (Biden)” weep for the rioters and wail for police reform, not for policing the rioters–Ramaphosa has sent a clear and moral message: “We will stand as one people, united against violence, unanimous in our commitment to peace and to the rule of law.” …

…MORE  South Africa Shames U.S. Democrats By Uniting Against Criminality” is currently featured on WND.COM, The Unz Review, CNSNews,  Townhall.com and American Renaissance.

https://tinyurl.com/drumc543

UPDATE I (7/17/021): No Nuance Allowed:

Here, in “South Africa Shames U.S. Democrats By Uniting Against Criminality,” I didn’t naively praise poor South Africa. I largely compared the moral tenor of the response to riots in South Africa to the moral tenor of the response to riots in the US. South Africa came out on top.

Smart readers welcome nuance, in general—and, in particular, from a writer who has been way ahead of them and their favorite talkers and merciless regarding South Africa for over a decade!

Alas, readers want their dose of mindless monotone. The Second-Handers will you give you that. Here you get the truth. South African authorities have been arresting rioters; American authorities have been arresting right-wingers.

UPDATE II (7/19:021): Experts in America:

 

UPDATED (7/3/021): NEW COLUMN: Mad, #MeToo Matriarchy Ensnared Bill Cosby

Criminal Injustice, Feminism, Gender, Justice, Law, Sex

NEW COLUMN is “Mad, #MeToo Matriarchy Ensnared Bill Cosby.” It is currently on WND.COM, The Unz Review, Townhall.com and American Greatness.

Excerpt:

… The same myopic, malfunctioning media are currently choosing to focus on how the Cosby verdict has been overturned on a procedural or technical matter

…. don’t allow the due-process oversight, indubitably important, to distract you from the nub of the matter.

The Cosby prosecution, as I pointed out at the time, rested on he-said, she-said hearsay evidence, on facts that can’t possibly meet the rules of evidence (the ones the United States once abided), or be corroborated for the purposes of a just prosecution, in accordance with the legal standards of Western law (of blessed memory).

The tainted evidence was solicited decades too late, with utter disregard for the statute of limitations. It came from unverified “prior bad act” women (“witnesses”)–unhinged #MeToo hysterics loosed in a court of law–who acted and sounded as though they were demented. Why, even the date of “the crime” could not be established.

The Law must engage in a search for truth. Ultimately, however, courts of law do not deal with what happened. Their judgments must rely on what can be proven to have happened.

Prosecutorial power to bring charges against a person is an awesome power, stress Paul Craig Roberts and Lawrence M. Stratton in The Tyranny of Good Intentions. Backing him, the prosecutor has the might of the state, and, consequently, he must never “override the rights of the defendant in order to gain a conviction.”

Prosecutorial duties are dual. While acting as the plaintiff, the prosecutor must also take pains to protect the defendant’s rights.

This is why the #MeToo judicial “philosophy” undergirding the prosecution of Bill Cosby and many other men is so terrifying.

“Always Believe the Victim” is a ditzy, made-in-Hollywood dogma that goes against the stellar Anglo-American common law legal tradition.  …

…MORE. NEW COLUMN is “Mad, #MeToo Matriarchy Ensnared Bill Cosby.” It is currently on WND.COM, The Unz Review, Townhall.com and American Greatness.

* Image: Bill Cosby’s accuser, courtesy BBC News. Note that Mr. Cosby is legally blind NOW, but I don’t believe he was blind when he allegedly went for this apparition.

Stephen Sacks On Facebook:

Bill Cosby & Harvey Weinstein are almost in the top five sleaziest guys in Hollywood, but we don’t typically imprison boorish louts for immoral behavior.
Immoral is not necessarily illegal.
Just like one can’t yell fire in a crowded theater, a prostitute, err, I mean, sex worker, shouldn’t be allowed to yell rape in a crowded brothel.
Read the transcripts from both trials.In an alternate universe the ACLU would have filed Friend of the Court briefs in both cases to protect the integrity of our legal system.