Category Archives: Law

Updated: ‘It’s Reno Time’

Criminal Injustice, Family, Freedom of Religion, Law, The State

In 2006, I warned that yet another “prosecutorial team [was gathering] steam, this time in Utah, where the state, feds in tow, has been pursuing Warren Jeffs, leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints.” (Blog discussion is here.)

Since I wrote “Remember Reno,” the “Benthamites” put Jeffs away for a hitherto-unheard of crime: rape by proxy.

Recently, as My Way News has reported, Texas “child welfare officials seized 416 children from the [polygamist] compound.”

This, based on a vague allegation of abuse by a girl the authorities have yet to locate:

“[t]he investigation began with a call from a young girl who has yet to be located by CPS. The women in the sect said they suspect she may be a bitter ex-member of the church.”

In the land of the free and the home of the brave, as one sect member—Brenda—described America cynically, children are removed from their families absent verified evidence of abuse.

Here’s what I uncovered, and wrote-up, in “Remember Reno”:

“The law is confusing. Although polygamy is banned by the state constitutions of Utah and Arizona, it isn’t a crime and is not prosecuted. Furthermore, provided parental consent is obtained and the marriage voluntary and in the best interests of the minor, the law does not prohibit minors from marrying. More material, and as Court TV has reported, ‘Under state law, it is a crime to have sexual relations with anyone under the age of 18 unless the parties are legally married to each other. Because a polygamous marriage can never be legal, the men marrying teenagers as second, third or fourth wives [are] guilty of statutory rape, or sexual conduct with a minor.’ Thus a determination of rape here rests not so much on whether evidence exists that a woman was forced to have sex against her will, but on her position in the harem!”

Update (April 18): HERE COMES FOSTER CARE FUN. Those of you who’re convinced that the State is justified in removing 416 children from this compound, based on false reporting, and other “evidence” that would not hold up in a court that respects the rules of evidence, please consider this:

If these kids have not been forced into sex to date, they most certainly will once they hit the foster-care circuit. Oh yeah, foster parents, bless them, are usually upstanding professional people, who collect strays out of the kindness of those big hearts of theirs, rather than for the cheque account the welfare State affords them.

Whatever are your voyeuristic ideas about the sex life on a polygamist compound, you can take this to the bank: The children seized in this raid lead a protected, relatively innocent and insulated life. The gravest abuse still awaits the kids of the Fundamentalist Church of Jesus Christ of Latter-day Saints, as they become intimately acquainted with the loose, licentious, foster-care system.

Their mothers, scorned by moron media, may be quaint, deficient, and demure (not to mention thin!) ladies, but thankfully, these children will soon encounter the libertine, promiscuous life-style fostered under the state.

(I’m dripping cynicism, of course.)

Spitzer Also Edited The Harvard Law Review

Business, Constitution, Democrats, Ethics, Justice, Law, Natural Law

(The title of the post is a tad unfair to Obama, I know. But editing The Harvard Law Review is clearly no litmus test for purity of intellect or ethics.)

One thing is for sure, Spitzer did not forge his political and fiscal fortunes by means of voluntary exchanges on the free market. The Spitzer piranha didn’t give law teeth; but used bad law to bite business to the bone.

Daniel Gross of Slate had this to say back in 2004:

Spitzer made maximum hay out of the “New York State’s Martin Act. The 1921 legislation, as Nicholas Thompson noted in this Legal Affairs piece, gives extraordinary powers and discretion to an attorney general fighting financial fraud. He can ‘subpoena any document he wants from anyone doing business in the state,’ make investigations secret or public at his whim, and ‘choose between filing civil or criminal charges whenever he wants.’ Extraordinarily, Thompson notes, ‘people called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act’s powers exceed those given any regulator in any other state.’”

Spitzer embodied abuse of power. As a government goon, he was an extortionist extraordinaire. “He didn’t simply indict. He issued press releases. When Spitzer published a press release detailing a shocking betrayal of trust by” this or the other “of Wall Street’s most trusted names,” the company would lose billions in market value in a matter of days and would quickly settle with the thug.

I know I’ve defended the naturally licit actions of scum such as Scooter Libby against naturally illicit prosecutions. And yes, I support the decriminalization of prostitution (but not its moral elevation). Yes again: I believe Spitzer’s funds are his to move about, and that his transactions were perfectly licit. So call me inconsistent on this count, but this character is so evil, contemptible, and uncontrollable (and nauseatingly hypocritical), I consider it a mitzvah that he has been removed from office and taken DOWN, if by unjust means.

I want to see Spitzer’s name live on in infamy; he ought to ultimately die disgraced, and if we lived under a just legal system, be prosecuted—but for his crimes against innocent members of the business community. Unfortunately—and I guess I’m nothing if not consistent—I’m with Alan Dershowitz on the following count: Spitzer ought not to be prosecuted for his moral failings. Although I’m filled with schadenfreude at the spectacle of Spitzer, there is no case to be made for his prosecution in libertarian law.

More later on Spitzer’s ho—or rather on the manner in which media have infantilized the girl and turned her into a victim.

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Barely A Blog, English, Ilana Mercer, IlanaMercer.com, Law

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Update #V: Beware the Police

Constitution, Criminal Injustice, Fascism, Law, Rights, The State

Evidence is mounting for the increasing brutality of the police, especially your local “friendly” state troopers.

Read and watch how this journalism student is carted away and tasered for the offense of questioning John Kerry persistently. Kerry the coward didn’t intervene. Were a Republican present, I suspect the outcome would have been the same. Worse: the students sat there like golems as Meyer was assaulted. What obedient little lap dogs. Whatever one thinks of the 1960s, that generation would have started a riot, then and there. Here’s the account:

“Videos of the Monday night incident, posted on several Web sites and played repeatedly on television news, show University of Florida police officers pulling Meyer away from the microphone after he asks Kerry about impeaching President George W. Bush and whether he and Bush were both members of the secret society Skull and Bones at Yale University.
… Meyer struggles for several seconds as up to four officers try to remove him from the room. Meyer screams for help and tries to break away from officers with his arms flailing at them, then is forced to the ground and officers order him to stop resisting. As Kerry tells the audience he will answer the student’s ‘very important question,’ Meyer yells at the officers to release him, crying out, ‘Don’t Tase me, bro,’ just before he is shocked by the Taser. He is then led from the room, screaming, ‘What did I do?’”

There have been many other incidents, the last of a young man, Brett Darrow, who had the good sense to mount a dashboard camera in his car and film an officer, Sgt. Kuehnlein, threatening to fabricate charges against him. The poor lad was terrorized, but showed remarkable composure.

Here Radley Balko exposes more of the ubiquitous violations perpetrated by our protectors—and worse: the laws that help police conceal crimes against those they swore to protect.

Update # I: The fascists on cable all, left and right, with no exception, agreed with glee that for the police to assault this manifestly non-violent protestor, sans provocation, was A-Okay. It would be poetic justice if the son or daughter of one of the cable capos was tasered and thrown in jail overnight for speaking loudly and waving his or her arms in the air during a debate. You’re a slave if you rationalize this incident. Even if, as one reader claimed, this was a set up (whatever that means), isn’t it obvious that a non-aggressor, who has hurt nobody should never be assaulted, hurt, and incarcerated, not in a free country. Even if he was being provocative.

Balko makes the same point with respect to Brett Darrow: “I’ve heard people make the argument that this kid’s habit of baiting cops into abuse somehow diminishes the excesses he’s captured on tape. I don’t agree at all. His ‘baiting’ thus far has consisted of asserting his rights. Perhaps not as politely as he should, but being impolite isn’t and shouldn’t be a crime. Neither is parking in a commuter lot, or asking why you’ve been pulled over when you haven’t broken any laws.”
America isn’t free.
I do want to give Dick Morris, of all people, credit for showing the utmost revulsion at the brutality of the cops. I have never seen the smarmy smooth Morris grow as livid as he did earlier today on Hannity and Colmes, who both giggled about the incident. Morris called it fascism. A Taser, moreover, is not without its dangers. It can cause permanent heart-muscle damage and even kill. Tasering Meyer was so clearly sadistic, unnecessary, and reckless. It’s obvious that the cops use the Taser very flippantly.

Update # II: Tasers do kill. Here, the cowards are incapable of controlling a wheelchair-bound woman, so they kill her. Ann Coulter once wrote a fine column about the increased deaths associated with women in the police force. Women, being weaker and generally more fearful than men, tend to use lethal force more frequently. The sadist cop who used her Taser for 160 seconds on the victim was female.

Update # III: Some of the responses to the Comments Section, unpublished, alarmed me, in their inability to grasp that this is not about an annoying kid, who might have been playing to the cameras. Rather, this concerns the proper role of law enforcement in a free society. Free people grasp that assaulting a person who has not aggressed against a soul is unconscionable and authoritarian. As I say, if you can’t recognize that, you are a slave—or perhaps you haven’t internalized the fact that you could just as well be on the receiving side of such brutality.

To those who accused me of generalizing from a few isolated incidents, I suggest you bring yourselves up to speed, fast. Under the auspices of the Drug War, our militarized feds conduct daily “no-knock” raids, barge into homes, confiscate property, and rob people of their liberty—sometimes of their lives.

The Tyranny of Good Intentions by Paul Craig Roberts is highly recommended as well. As I wrote in “Remember Reno”:

“Back in the day, the law was intended as a bulwark against government abuses. It has now become an implement of government, to be utilized by all-knowing rulers for the ‘greater good’—the founders’ Blackstonian view of the law has been supplanted by a Benthamism that encourages ambitious prosecutors to discard a defendant’s rights.
Add the aggravating circumstances of a highly militarized federal law enforcement that shares the judiciary’s contempt for the Rights of Englishmen, and is abetted by a public dimmed by statist schools and media—and one has a recipe for disaster.”
I’ll leave you with another startling visual from rural America of a man being violated by police for no reason other than that THEY CAN.

Update # IV: More evidence that “‘To Protect and Serve’ often translates into harass and control”:
• Salty Burger Lands McDonald’s Employee in Jail
• The Case of Monica Montoya

Update # V: I confess that I’ve become quite fearful of the liberties these government goons seem to take—the brazen “I’m your boss, you serf, free to do with your body as I please” attitude. When I venture down the road to the gym, for example, I always make sure I don’t forget my driver’s license. It’s hard not to speed in this torqued-up devil, but I do my best.
It’s quite uncanny how, no matter how hard free men and women have illustrated what the issue here is, slaves of the state on this blog have demonstrated an inability to grasp what liberty means. Freedom is the unassailable right to raise your voice, flail your arms—even make a harmless nuisance of yourself during a debate; fascism is when those acts could get you assaulted, injured, even killed. That’s all there is to it! The cops who’ve written in supporting the vile conduct of their colleagues enforce my fears.
Incidentally, when Sean and I went down to our local police station to get our carry-concealed licenses, the cop spat bitterly: “Yes, you ex-South Africans like your guns.” I was naïve then, imagining, somehow, that he’d be happy we were proponents and practitioners of the magnificent 2nd Amendment.