Category Archives: Law

A Republic, if You Can Keep It

America, Constitution, Federalism, Founding Fathers, Individual Rights, Law, Natural Law

Yesterday Bush signed “The Military Commissions Act of 2006.” I went in search for a libertarian analysis, but found only a few splenetic screeds. While perfectly understandable, these execrations do nothing to dissect the implications of the Bill for Americans. As I read them, I knew I ought to be furious about torture. However, too little was being said about the erosion of due process, constitutional protections and the accretion of executive power.

Libertarians need to cite chapter and verse in the actual Bill and then logically and calmly explain its implications for Americans. (It is very possible that, because of his visceral contempt for the Constitution as a so-called statist document, the anarchist can’t rise to the occasion. However, he may want to bear in mind that to the extent the Constitution comports with natural law, it’s both laudable and legitimate.)

In any case, right or wrong, to security-crazed Americans, the constant squealing about torture is a signal to switch off, as it conjures the namby-pamby liberal whose concerns are, overwhelmingly, with the “evil doers.” Readers are likelier to be swayed by arguments that address the possibility of detention without trial of US citizens and the sundering of habeas corpus and the separation of powers.

Finally, I found this, which does just that. This piece from Reason offers a gist of the administration’s impetus vis-a-vis the Bill. This next piece, however, is unhelpful. Libertarians will get its Bastiatian thrust, but, bar some left-liberals, the rest will find it smarmy and juvenile. You don’t have to agree with everything Jonathan Turley says to find him inspiring. (I certainly don’t. Contra Turley, America is a republic, not a democracy, and hence not meant to manufacture “majoritarian” outcomes. And France’s centralized system is the truly ugly system.) There’s a precis of a talk he gave here. Or you can listen to him here.

Updated: Remember Reno!

America, Criminal Injustice, Government, Justice, Law

“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. A mouthful maybe, but something to ponder as another prosecutorial team gathers 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…”

The excerpt is from this week’s WND column, “Remember Reno!.” Comments are Welcome.

Update: Quite a few conservative, as opposed libertarian, readers wrote in to lambaste me for what they perceived as my taking up the cause of Warren Jeffs, the polygamist. Some embellished by asserting—no evidence was provided—that Jeffs, in addition to servicing all those wives of his, also sodomized many boys. But most egregious, as one reader contended, was Jeffs’ reputation for not liking blacks and their music. “This makes him extra evil,” my reader complained.

Let me be clear: I don’t take up causes; I try my best to work from principle and fact to arrive at the truth. I know; anathema in our partisan, fiction-based society.
None of the aforementioned accusations are in the indictment. Hating blacks or Jews is no crime, either—at least not in a free society, something conservatives are doing their utmost to sunder.
My points in the column, I believe, were exactly right in that they addressed evidence; not fiction or hearsay—the same stuff upon which the sexual abuse contagion was based in the 1980s (also elaborated on in “Remember Reno!”).
Since we have moved to being a fiction rather than a fact-based society, my readers’ positions don’t surprise.

Shades of Waco?

America, Criminal Injustice, Law, libertarianism, Media, Morality, The State

Another prosecutorial team is on the make, this time in Utah, where the state has been pursuing Warren Jeffs, the leader of the Fundamentalist Church of Jesus Christ of Latter-day Saints. Prosecutors have been egged on by a histrionic media—cable coquettes, especially, with their mangled maternal instincts.

First came District Attorney Michael Nifong of the Duke “rape” case fame. By the admission of the accuser’s co-striper, her story lacks credibility. The accused has an alibi. The DNA found on the accuser is not his. And the lineup was in violation of procedures. Yet this DA run amok forges on, oblivious to the constitutional and procedural safeguards to which an accused is entitled. (Here’s another superb source on the case.)

Mary Lacy, Boulder County’s inept DA, arrested a man in the murder of JonBenet Ramsey, based on no other corroborating evidence than a confession, a practice that was once prohibited, for obvious reasons. Lacy attended Patsy Ramsey’s funeral and was clearly personally invested in the intruder-theory of the case. Lacy and Nifong appear to represent a decaying legal system festooned with incompetents, who substitute the constraints of the law with their “grand” visions.

As to Jeffs, the mindless media has always been enthralled by child-abuse crusaders. Janet Reno, one of the most murderous DAs, established her career by launching the day care child sex abuse witch hunt that gripped the nation in the 1980s. She used fabricated accusations elicited from children (who never lie, right?) with the aid of highly suggestive techniques, to imprison her victims absent corroborative evidence. These cases served as a professional stepping stone for Reno, who went on to commit even greater crimes.

Here are the Jeffs arrest warrant and affidavit. It’s ludicrous. He is charged with being an accomplice to rape, no less. Such an accusation conjures visions of Jeffs holding the victim down while another commits the act. Jeffs, however, is charged, based on hearsay, with encouraging a girl, then under 18, to submit to intercourse with her husband, who was a little older. How does urging someone to consummate a marriage amount to being complicit in a rape, a very brutal crime indeed? By this standard or test, aren’t the girl’s parents also complicit?

The sect is wealthy and owns large compounds in Utah, Nevada, Arizona, Texas, Colorado, South Dakota, and British Columbia. Despite the fact that they live in peace and are non-violent, the federal government has described Jeffs, who was unarmed and did not resist arrest, as extremely dangerous.

The polygamist was placed on the FBI’s 10 Most Wanted list in May, alongside Bin Laden. In this way, presumably, when the federal and state police storm these compounds and remove the children (with a view to seizing the valuable property too, no doubt), the public, dimmed and dulled by state-worshipping media, will shrug it off. After all, it’s all for “The Children,” isn’t it?

Question: Islam permits multiple marriages, doesn’t it? I have no doubt that devout American Muslims follow the dictates of their faith here in the US. Have you ever heard of any such prosecutions against members of that community?

Updated: BAB Letter of the Week By Rick

Barely A Blog, Feminism, Gender, Law

Letter of the Week is a feature I’ll endeavor to keep up on Barely a Blog, depending on reader input. In response to “Run, Little Man, If You Can,” Rick, a long-time reader, shares his agonizing experience:

The “war on fathers” has never addressed the real culprit here: The Family Court System and its unlimited corruption. With the cooperation of the legal and mental health communities, they, daily, separate caring and loving fathers from their precious children. In my case, the mother left with another woman and my child and I were put on therapy. Is this a sick society or what? Furthermore, when I complained to the judge about the therapy, I was put an “anger management,” where they do whatever it takes to turn you into a sissy they can easily manipulate. “False and malicious allegations” is another tool they use frequently to destroy fathers and deny children their right to a loving father.

It’s a very sick society we live in and we want the world to be like us?

—RICK

Update: Rick writes:

Miss Mercer, I am honored to be a weekly recipient of your updates. I’d like to expand on the subject below. It may help someone going through the hoops to eliminate some of the unwanted and unpleasant headaches, like doing your homework before you hire an attorney. It may save you tens of thousands of dollars.
Thanks again, and keep up your great work.

The “War on Fathers” is a subject I personally know very well. As a divorce man and another victim of the Family Courts, the legal and the mental health communities and everybody else in this “boys club,” committed to destroying families. Regarding “false and malicious allegations” against a father, which they bring with the sole purpose of getting the upper hand in custody cases and ruining the father’s life in the process: For 8 long years and after seven very unethical attorneys, I proved my innocence and was able to see my precious daughter once again. Today, she is a very well balanced young lady (let’s hope it stays that way), soon entering high school, a straight-A student and very proud of her daddy.

Last year, for a school project, she wrote an essay on “My Daddy’s Courage”. When I read it, it broke my heart. NO CHILD ANYWHERE IN THE WORLD should ever be exposed to what our precious children are exposed to in America. It’s a sin, a disgrace and we should ALL be ashamed for it. The mother, at the time, was deeply involved with a married woman and moved over two hundred miles away, taking my daughter with her, without a Court Order. Needles to say, her move was later approved by the Courts, without taking into consideration the fact that we had signed a “Joint Custody Agreement” a month earlier. How can a woman inflict so much pain and sorrow on her own flesh and blood is way beyond me. Unfortunately, they do so, with the full cooperation of the Family Courts System, the legal and mental health communities. May God have mercy on us.

—Rick
South Florida.