Category Archives: Law

Updated: Is the FBI Entrapping Idiots? (& No, Timothy McVeigh Was No Idiot)

Conspiracy, Fascism, Government, Law, Media, Terrorism

CNN reports that seven Miami-based men “concocted a plot to ‘kill all the devils we can,’ starting by blowing up Chicago’s Sears Tower, according to charges in a federal indictment revealed Friday.”

It transpires that this information was elicited by an “FBI operative posing as a member of the terrorist network.”

I watched the sister of one of the suspects enter “The Situation Room” with Wolf Blitzer. The woman, bless her, was illiterate and probably borderline retarded. Let me tell you something: If American schools are producing the likes of this poor woman, homegrown retardation is more urgent a problem than homegrown terrorism.

Entrapment is equally worrisome. If the woman’s brother, also one of the accused, is as simple as she, then a wily and intelligent FBI agent could have a field day leading him on. The FBI is supposed to uncover existing plots, not help develop them by leading on a bunch of very simple, if unsavory, characters.

Rich Lowry has compared the hapless Miami bunch to Timothy McVeigh, who, according to Lowry, was also not very bright. This is a manifestly unperceptive observation. McVeigh was certainly intelligent. Read the interview he gave TIME and tell me it doesn’t reflect considerable intelligence. Read the interview the sister of the terror suspect gave Blitzer and tell me it doesn’t reflect extremely poor cognitive skills.

Compare this:

Asked by TIME magazine who were his favorite authors of political philosophy, McVeigh said:

“Patrick Henry, John Locke, of course many of the Founding Fathers: George Washington, Thomas Jefferson, Benjamin Franklin, John Adams, Samuel Adams. I thought those men were, at the time they were extremely well-educated. They could talk us in circles these days, we wouldn’t know what they were talking about. I really respected their observations and analyses of history past.”

To this:

Asked by Blitzer about her terror-suspect brother, Marlene Phanor said:

“Actually, he’s, um, he was, he was working and he got into this group and they started going to church, trying to help the community. But the guy, the leader, I never know where he came from, who he was. Actually, my brother and them don’t even know where he come from. But he came positive for them. He came to them where he can help them and help the community and humble their minds and humble their souls and everything.”

Morality aside, a couple of IQ standard-deviation points separate these two. To compare McVeigh’s intelligence to the likes of Phanor is a little strained, to say the least.

Provided the sister doesn’t represent a genetic anomaly (and her accused brother and his associates are bright), I’ll repeat my contention: it would have been easy for the FBI to ensnare this group.

Killing Commerce

Canada, Economy, Law

I import my beans freshly roasted from the fabulous JJ Bean Coffee in Vancouver, Canada. The place is charming and quaint—it sports a vintage 4-barrel Jabez Burns sample roaster. Back in the day, I used to love sipping a cup of the house blend and munching banana bread as I waited for my beans to be packaged.

The other day I was informed by JJ Bean’s insurance agent that the company’s goods will no longer be available in the US:

Legal liability laws in the US and Canada differ markedly with respect to consumer products. American product liability laws include ‘Strict Liability’ and this difference makes it prohibitively expensive for JJ Bean to continue with its US sales.
In Canada when a business sells a product, and that product causes harm to the consumer, the consumer must prove that the product caused the harm. In the US the onus of proof shifts onto the business owner, who must prove that he did not negligently cause the harm, something that is generally much more difficult to prove.
Accordingly, commercial legal liability insurance premiums in the US are much higher than in Canada, and if a Canadian business sells products into the US they are subject to these higher rates.

Because JJ Bean is a small franchise, it doesn’t generate enough business to support the steep overhead.

It is clear that Canadian law is far more compatible with the free market. American law is illiberal; it gums up trade, infantilizes Americans, and is tantamount to open season on business. What makes it particularly egregious is that, in the event that some malcontent initiates criminal proceedings against the company, the law leans toward a presumption of guilt, not innocence. Innocent until proven guilty; no crime without intent—now aren’t those supposed to be some of the foundations of the American judicial and constitution tradition?

Mackinnon’s Textual Harassment

Feminism, Gender, Law

The baleful influence of feminist Catharine Mackinnon on American and Canadian jurisprudence cannot be underestimated. With relatively few obstacles from the dreaded patriarchy, Mackinnon, Professor of Law at the University of Michigan, “teacher, writer, and activist,” has been transforming law since the 1980s. Her legal conquests, especially in developing sexual-harassment law, are the subject of this meaty volume, which comprises speeches and screeds Mackinnon has disgorged over 25 years.

The excerpt is from my review in The American Conservative of Women’s Lives, Men’s Laws by radical feminist, Catharine A. Mackinnon. Comments are welcome.

Mackinnon's Textual Harassment

Feminism, Gender, Law

The baleful influence of feminist Catharine Mackinnon on American and Canadian jurisprudence cannot be underestimated. With relatively few obstacles from the dreaded patriarchy, Mackinnon, Professor of Law at the University of Michigan, “teacher, writer, and activist,” has been transforming law since the 1980s. Her legal conquests, especially in developing sexual-harassment law, are the subject of this meaty volume, which comprises speeches and screeds Mackinnon has disgorged over 25 years.

The excerpt is from my review in The American Conservative of Women’s Lives, Men’s Laws by radical feminist, Catharine A. Mackinnon. Comments are welcome.