Category Archives: Law

Scooter/Stewart Similarities

Criminal Injustice, Law, Politics, Republicans

Denis Collins, juror in Scooter Libby’s trial, said that Vice President Dick Cheney’s former chief of staff was the fall guy. “‘What are we doing with this guy here? Where’s Rove? Where are these other guys?'” is how Collins described the pickle jurors found themselves in during Libby’s scuttlebutt-driven trial. Still, it did not prevent them from convicting Libby, and rendering conflicting verdicts, to boot.

Not that he was a sympathetic sort, but CIA director George ‘Slam-Dunk’ Tenet was also the fall guy for Cheney, Bush, Rove, and Rice. They’re good at letting the minions take the wrap for their infractions.

More crucially, the “crime” for which Libby was convicted was also the crime for which Martha Stewart went to jail: lying to the FBI. Not for leaking the identity of former (so-called) classified CIA operative Valerie Plame. (Or, in Stewart’s case, insider trading.) Richard Armitage did that.

Where a prosecutor could never hope to prove his case in a court of law, he goes looking for other charges. He manufactures crimes. If he can’t get a defendant —usually a high-profile one —on the facts; the prosecutor will often get him for lying. After all, if the prosecutor has not been able to prove his case, this must mean the hapless accused has been lying, right?

Republicans failed to protest Stewart’s sham of a trial, but have been perfectly capable of articulating why Scooter Libby’s conviction is suspect. But that’s to be expected. Stewart is a rock-ribbed Democrat; Scooter a Republican. Democrats are as partisan.

Let’s hope Cheney cashes in some Halliburton shares to help defray the costs of Libby’s $6-million defense.

Updated: Race, Reason, & Unreason

Law, libertarianism, Private Property, Race, Reason, Regulation

Ronald Bailey of Reason Magazine details the reaction of “Conservative” blogger Ann Althouse to a debate about the infringements by the Civil Rights Act of 1964 on property rights and freedom of association. The discussion took place at a Liberty Fund colloquium.

Broadly speaking, the topic falls perfectly within the purview of the conference, which aims to “shed light on the role of liberty in human life,” to quote Bailey. Speaking specifically, this conference tackled the role of federalism in freedom. Read Bailey’s most reasonable entry here. And follow the links to Althouse’s response.

(Althouse, incidentally, is competing for the title “Grande Conservative Blogress Diva,” the sort of communal enforcement bloggers engage in, much like mainstream media. They too are always awarding their own for conformity. I digress, but, in any event, that’s the string of honorifics explained.)

I too attended a Liberty Fund colloquium in the UK earlier this year, but none of the participants dissolved into a puddle, a la Althouse, over disagreement. I had a jolly good time with some brilliant (and beautifully spoken) Englishmen and (two) women.

As for tearing up and labeling as racists proponents of states’ rights or advocates of freedom of association, as Althouse apparently did, why, this only indicates Liberty Fund is not selecting its participants very carefully. Althouse reached for the smelling salts instead of arguing her case. How feeble. How Peggy Noonan.

Can there be any doubt that civil rights laws coerce individuals, often against their better judgment, into involuntary associations? Can one deny that under antidiscrimination law employers have lost a great deal of control over their businesses? Is it not the duty of reasonable, freedom-loving people to explore the effects on liberty of such legislation?

As I told the conservative Comanche, Dr. David Yeagley, “race is intricately and ineluctably tied to freedom because we live under a state which circumscribes liberty by enforcing codes of hiring, firing, renting, and money lending, among others. In a truly free society, the kind we once enjoyed, one honors the right of the individual to associate and disassociate, invest and disinvest, speak and misspeak at will. Race has become such an issue because we labor under nominal property ownership, and are subject to what is flippantly called political correctness, but is in fact codified and legalized theft and coercion.”

Althouse accuses libertarians of the sin of abstraction. If anything, Althouse’s formulations rely on the idea that America is merely a proposition, bound to abstract ideals, rather than a community of flesh-and-blood individuals, each with inalienable rights to life, liberty, and property.

Update: James Wilson (scroll down to the comments) contends that Althouse’s apoplexy over the exercise of individual liberty is a hangover from “the influence of the Christian Right on conservatism, [whereby] government’s role is to stamp out evil, pure and simple. And since racism is evil, the federal government must do something about it, just like it must fight drugs, pornography, obesity, etc.”
I’m not convinced. I would say (as I did in this January 29, 2003 column) that, neoconservatives, being “‘illiterate leftists posturing as conservatives’ have, largely, helped make Martin Luther King Jr. more important, historically, than the Founding Fathers. They’ve also helped conflate the messages of the two solitudes, even though the Founders’ liberty” is unrelated to the egalitarianism promoted by the commie King.

Updated: Race, Reason, & Unreason

Law, libertarianism, Private Property, Race, Reason, Regulation

Ronald Bailey of Reason Magazine details the reaction of “Conservative” blogger Ann Althouse to a debate about the infringements by the Civil Rights Act of 1964 on property rights and freedom of association. The discussion took place at a Liberty Fund colloquium.

Broadly speaking, the topic falls perfectly within the purview of the conference, which aims to “shed light on the role of liberty in human life,” to quote Bailey. Speaking specifically, this conference tackled the role of federalism in freedom. Read Bailey’s most reasonable entry here. And follow the links to Althouse’s response.

(Althouse, incidentally, is competing for the title “Grande Conservative Blogress Diva,” the sort of communal enforcement bloggers engage in, much like mainstream media. They too are always awarding their own for conformity. I digress, but, in any event, that’s the string of honorifics explained.)

I too attended a Liberty Fund colloquium in the UK earlier this year, but none of the participants dissolved into a puddle, a la Althouse, over disagreement. I had a jolly good time with some brilliant (and beautifully spoken) Englishmen and (two) women.

As for tearing up and labeling as racists proponents of states’ rights or advocates of freedom of association, as Althouse apparently did, why, this only indicates Liberty Fund is not selecting its participants very carefully. Althouse reached for the smelling salts instead of arguing her case. How feeble. How Peggy Noonan.

Can there be any doubt that civil rights laws coerce individuals, often against their better judgment, into involuntary associations? Can one deny that under antidiscrimination law employers have lost a great deal of control over their businesses? Is it not the duty of reasonable, freedom-loving people to explore the effects on liberty of such legislation?

As I told the conservative Comanche, Dr. David Yeagley, “race is intricately and ineluctably tied to freedom because we live under a state which circumscribes liberty by enforcing codes of hiring, firing, renting, and money lending, among others. In a truly free society, the kind we once enjoyed, one honors the right of the individual to associate and disassociate, invest and disinvest, speak and misspeak at will. Race has become such an issue because we labor under nominal property ownership, and are subject to what is flippantly called political correctness, but is in fact codified and legalized theft and coercion.”

Althouse accuses libertarians of the sin of abstraction. If anything, Althouse’s formulations rely on the idea that America is merely a proposition, bound to abstract ideals, rather than a community of flesh-and-blood individuals, each with inalienable rights to life, liberty, and property.

Update: James Wilson (scroll down to the comments) contends that Althouse’s apoplexy over the exercise of individual liberty is a hangover from “the influence of the Christian Right on conservatism, [whereby] government’s role is to stamp out evil, pure and simple. And since racism is evil, the federal government must do something about it, just like it must fight drugs, pornography, obesity, etc.”
I’m not convinced. I would say (as I did in this January 29, 2003 column) that, neoconservatives, being “‘illiterate leftists posturing as conservatives’ have, largely, helped make Martin Luther King Jr. more important, historically, than the Founding Fathers. They’ve also helped conflate the messages of the two solitudes, even though the Founders’ liberty” is unrelated to the egalitarianism promoted by the commie King.

Letter of the Week: A Note from Bobby, Terri Schiavo’s Brother

Conservatism, Criminal Injustice, Ethics, Justice, Law, Morality, Natural Law

Dear Ms. Mercer,

I wanted to sincerely thank you for your column regarding my sister Terri.

It seems to me that many of our conservatives brethren began their exodus when the media made it their mission to justify Terri’s death by misreporting the autopsy report, which by the way, was prejudiced in order to avoid any legal ramifications.

I firmly believe that the jaundiced autopsy results have been and are still being erroneously reported by our popular media as a reason to negatively influence the constituents of those politicians that supported my family’s efforts to help my sister. As a result, it seems to me that no one in Washington had/has the courage to make the point that regardless of someone’s condition, intentionally killing an innocent disabled person, guilty of nothing more than becoming an inconvenience, is intolerable.

However, as you pointed out so eloquently in your column, Terri’s condition (or the autopsy results) should have made no difference in the decision to kill my sister, particularly when so much uncertainly existed in regards to her “wishes”. Not to mention Terri’s suspicious collapse.

It truly was unfortunate that many of our “friends” in Congress were duped by the deliberate inaccurate reporting of Terri’s autopsy and went voiceless when Terri’s issue became an election topic. Just as frustrating, however, was many of your media colleagues also went silent when at one time they were very supportive of Terri and our family. Their silence served to exacerbate the horrible injustice that was endured by my sister.

We all need to recognize that what happened to Terri was happening for many years prior to her death and continues everyday across our nation.

Sincerely,
Bobby Schindler
Terri Schindler Schiavo Foundation
5562 Central Avenue, Suite 2
St. Petersburg, FL 33707
727-490-7603
www.terrisfight.org