Category Archives: Law

Revisiting Charlottesville: One Year Later

Conservatism, Constitution, Free Speech, History, Law, Left-Liberalism And Progressivisim, Media, The South

“About Charlottesvillehe President did misspeak, but not in the ways in which his critics charge.”—BY JACK KERWICK

On its first anniversary, it is worth revisiting what we may now refer to simply as “Charlottesville.”

Thanks to the assistance of Republican politicians and their apologists in Big Conservative media, the left didn’t hesitate to transform this event into an ideologically and politically-useful weapon.

Of course, Charlottesville could serve the left’s agenda only if the official interpretation of circumstances defies reality—as it does.

On August 12, 2017, hundreds of people gathered in Charlottesville, Virginia for what they called a “Unite the Right” rally.

They would be met by an even greater number of leftists of various sorts, self-described “anti-fascists” and “anti-racists.”

Violence ensued.

Immediately, elites in Washington D.C. and their fellow travelers in Big Media (of both the “mainstream” and “conservative” varieties) laid the blame solely at the feet of “white supremacists.” Every politician, Democrat and Republican alike, and every commentator, Fox News contributors and talk radio hosts no less than their leftist counterparts on the other networks, spared no opportunity to show the world that they were even more repulsed by this exhibition of “white supremacy” than the next person.

Make no mistakes about it, the wailing and gnashing of teeth, the fever-pitched waxing of indignation, was political theater at its absolute best—or worst. It is inexcusable that anyone who purports to be in the know, let alone those, like politicians and media figures, who are expected to be knowledgeable of current events, should not have been able to discern from the jump the gist of what occurred in Charlottesville on that fateful day.

President Trump elicited much criticism for claiming at the time that there were good people among both the demonstrators and the counter-demonstrators, and that both sides contributed to the violence. The President did misspeak, but not in the ways in which his critics charge:

First, it is manifestly absurd to characterize as “good” those—like the militant leftists who converged upon Charlottesville—who routinely violate the Constitutional rights to speech, assembly, property, and bodily integrity of, not only those of their fellow citizens with whom they disagree, but as well those of their fellow citizens who they deem insufficiently supportive of their “anti-fascist” agenda.

Second, not a single hair on the head of a single person would have been harmed, much less would anyone have been killed, had it not been for the “anti-fascists” and “anti-racists,” the “counter-demonstrators” who initiated the violence.

The facts:

(1) The organizers of the Unite the Right rally acted lawfully, availing themselves of their Constitutional right as Americans to peaceful assembly. The organizers applied for their permit months in advance of their demonstration. It was granted and then withdrawn. The organizers appealed and, thanks in no small part to the American Civil Liberties Union—hardly a right-wing operation—a judge determined that the city of Charlottesville had no legal grounds on which to deny them a permit.

In other words, the organizers of the Unite the Right rally acted in good faith, with fidelity to the law, every step of the way.

(2) The counter-demonstrators, in stark contrast, conducted themselves lawlessly: They had no permit and never even applied for one. Quite the contrary: The “anti-fascists” armed themselves with weaponry—clubs, bricks, bottles and balloons filled with cement, urine, and feces; bear mace; baseball bats; bows and arrows; and a makeshift flamethrower—and, quite literally, hit the streets. They formed mobs and took to intersections, blocking traffic and attacking motorists.

For this reason, because of their lawlessness, their flagrant criminality, it is a misnomer to describe the “anti-fascists” as counter-demonstrators. They composed a mob.

(3) It’s true that a few of the demonstrators were seen sporting KKK and neo-Nazi paraphernalia. It is equally true that the vast majority of the rally-goers who gathered in Charlottesville were doing no such thing, and that several of these endeavored to remove those showcasing KKK and Nazi symbols.

The lion’s share of rally attendees descended upon Charlottesville on that fateful day not to affirm “white supremacy,” “white nationalism,” or any racial fiction that the media would ascribe to them, but, rather, to demonstrate against the removal of a Robert E. Lee statue, an act that symbolizes to many patriotic Americans the radical left’s ongoing attempt to fundamentally transform Southern culture specifically and that of the United States of America generally into something in the image of their own ideology.

And, to repeat, there weren’t so much as dirty looks exchanged, to say nothing of overt violence, until lawless leftwing mobs, so-called “Antifa” and Black Lives Matter, in particular, arrived and instigated every bit of it.

(4) The foregoing facts were available at the time. Big Media—both the “mainstream” or “liberal” media as well as such “conservative” media as Fox News, talk radio, National Review, The New York Post, etc.—just weren’t interested.

Those who were interested had to go underground, to the internet, to Youtube, to gather eyewitness testimony from those who were actually in Charlottesville. The most reliable testimony comes from the members of several “Patriots’” organizations, self-described “civic nationalists” (as opposed to racial nationalists) who came to Virginia to keep peace and safeguard the Constitutional rights of their fellow American citizens. (See here and here.)

Most of these men (and some women) are military and police veterans who remain committed to upholding the oath to the American Constitution that they pledged upon embarking upon their careers in law enforcement. These are the same people who those in Big Conservatism (the Big Con) tirelessly “thank” for their service. Yet when these retired soldiers and officers of the law were physically besieged by leftist criminals and corrupt Charlottesville police alike, Big Conservatives were all too eager to side with militant and radical leftists and blame the protestors and these Constitutionalists for the unprovoked violence that they suffered.

(5) This brings us to the next point: As some of us knew then, and as the Heaphy Report has subsequently confirmed, violence would have been averted not only had leftist street thugs shown the same respect for the law as that shown by the Unite the Right demonstrators. It would have been averted had the governments of Virginia and Charlottesville—the governor and mayor, the state and local police—and the University of Virginia conducted themselves more responsibly.

The governor declared a state of emergency, in effect canceling the demonstrators’ permit at the last minute, while the Charlottesville mayor ordered the police commissioner to, in turn, order his officers to stand down.

But even this way of putting the matter is understatement. The police didn’t just do nothing as innocent citizens were assaulted. They encouraged the violence by forcing the Unite the Right rally attendees to vacate the premises by way of walking through the wall of volatile leftists that were waiting for them.

From these facts, we can deduce another: Contrary to the conventional (Politically Correct) wisdom, far from being aggressors, the only party in this story that is innocent of provoking violence is that of the rally demonstrators.

Fairness, however, forces us to go one step further: It is the rally attendees, and them alone, who showed respect for America, for its traditions, laws, and the Constitution, for preserving the history of their country, civility, free speech, and peaceful assembly. No other actor in this melodrama can claim credit for doing the same. Every other actor, in fact, revealed themselves as decidedly anti-American.

A final point: While the overt left has long ago put us on notice as to its desire to destroy (“fundamentally transform”) America as it has existed, the response of Big Conservatism to Charlottesville proved, if proof was still needed, that Big Cons are but an alt-left. Big Cons incessantly whine over the left’s suppression of free speech whenever it is one of their own—like, say, Ben Shapiro—who is prevented from speaking at a college campus. Yet their eagerness to buy, hook, line and sinker, the interpretation of Charlottesville favored by Antifa and Black Lives Matter confirms that they care as much about protecting the free speech rights of those to their right as they care about “supporting the troops” and “blue lives” when law enforcement veterans are lumped in by the left with “racists,” “fascists,” “white supremacists,” and, simply, “the alt-right.”

Never again can anyone within the Big Con be regarded with seriousness when they espouse platitudes concerning the Constitution, free speech, tolerance, civility, or, for that matter, respect for veterans and law enforcement. Though few people have yet to grasp this, the truth is that Charlottesville comes as close as anything to serving as the criterion, the test, for determining one’s commitment to the Constitution, law and order, free speech, civility, tolerance, and all of the rest.

The Big Con failed this test miserably.

 

Beliefnet columnist Jack Kerwick has a Ph.D. in philosophy from Temple University, a master’s degree in philosophy from Baylor University, and a bachelor’s degree in philosophy and religious studies from Wingate University. He teaches philosophy at several colleges in the New Jersey and Pennsylvania areas.

 

UPDATED (8/2/018): ‘FREEDOM’ Is Feeling The Full Weight Of The State Come Down On You

America, Criminal Injustice, Democracy, Law, Liberty, Taxation, The State

When the full weight of the state can be brought down on one man, and when that man is not a criminal in any meaningful sense—remember, taxation is legalized, state theft of private property—you know that man, Paul Manafort, in this case, was never free.

AND you know YOU are not free. Beware!

BUT, “Our democracy” is under threat. The Russians, the Russians.”

As usual, Tucker is the only sane member of Big Media.

Related (no partisanship, please): “The Robert Mueller Inquisition Is The Star(r) Chamber By Any Other Name”

More “free” people of the West. Having to defend yourself against the state for saying stuff:

UPDATE (8/2/018):

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UPDATED (7/30): The Robert Mueller Inquisition Is The Star(r) Chamber By Any Other Name

Donald Trump, Government, Hillary Clinton, Justice, Law, Republicans, Russia, The State

No matter how you slice it, support for the The U.S. Office of Special Counsel, with its “storm-trooper tactic” and overweening, extra-constitutional powers, is WRONG, whether headed by Kenneth Starr or Robert Mueller. The moniker Star(r) Chamber stuck for good reason. Republicans conducted such a witch hunt; Dems are doing it now  Tucker the Great expresses regret for supporting the first.

Another honest man is Democrat Mark Penn.

Via Real-clear Politics:

TUCKER CARLSON, FOX NEWS: Mark Penn was for many years one of the highest-level advisors to Hillary Clinton. He’s the author of the new book, “Microtrends Squared”, he joins us tonight. Mark, thanks a lot for coming on.

MARK PENN, FORMER HILLARY CLINTON CHIEF STRATEGIST: Thank you.

CARLSON: So, you wrote kind of an amazing piece the other day in “The Hill,” titled something like, questions I have for Robert Mueller. Tell us some of the questions that if you could ask, you would.

PENN: Well, remember, Tucker, I spent a year working with President Clinton against Ken Starr and that effort.

CARLSON: Well, I remember very well.

PENN: I just find that that was child’s play to what’s going on here. And I think Mueller has some questions about what the president was thinking when he fired Comey. Well, I certainly have some questions about what he was thinking when first he went to apply for the FBI job in the first place with Rosenstein. And then, turns around the next day, didn’t he already have a plan when he turned around.

Boy, when he put that team together, and there wasn’t a single Trump donor, what was he thinking then?

And when he looked at these dossiers and discovered that there was no foundation there, how did he deal with that? How does he justify these kinds of really stormtrooper tactics, I think is perhaps not an exaggeration, when you go guns drawn to political consultants, wiretapped all over the place over payments to porn stars?

This thing has gotten out of control. And while he wants to question the president, it seems that no one could really question either Mueller or Comey or Rosenstein, and that is precisely the problem.

CARLSON: Yes. It is the problem. And I hate to admit it since I supported the Ken Starr independent counsel investigation, and I look back in shame because of that. But that was the case that the Clinton people made at the time, there’s no oversight here. And that’s a huge problem.

And it turns out you were right about that.

In your piece, you made reference to his behavior in Boston when he worked there in the Whitey Bulger case. Briefly summarize that, if you would, because I thought it was really interesting.

PENN: Well, really the question – and I think Professor Dershowitz has really been out on this thing. But in the Bulger case, there were four innocent people in jail due to prosecutorial misconduct. And he was head of the office.

And so, you do not really find him in the legal cases, but that means he waited until the courts overturned things to release the people. And so, what was he thinking when that was happening? How did he permit that? How did he permit these kinds of gross abuses? And how does he then supervise an investigation now that seems to be filled with them?

CARLSON: Mark Penn, again, you have authority on this subject. And so, it’s nice to hear from you. Thanks a lot.

PENN: I went through it once. And I hope America doesn’t go through it again.

CARLSON: Yes. Hillary never would have allowed this. She’s too smart for this. There’s no doubt. Thank you.

An arm of the oppressor:

UPDATE (7/30): Title corrected: “An investigation in search of a crime.”

UPDATED (7/10): Kavanaugh Questions

Constitution, Federalism, Justice, Law, The Courts

Brett Kavanaugh, of the U.S. Court of Appeals for the D.C. Circuit, has been nominated to replace Justice Anthony Kennedy on the Supreme Court.

Kavanaugh comes from Administrative Law—was he good at fighting the Deep State?—was appointed and recently praised by George W. Bush, who gave us John Roberts, and George Washington University professor Jonathan Turley, who approved of Neil Gorsuch, suggests Kavanaugh is not an intellect of Gorsuch’s order.

For his part, libertarian-leaning Rep. Justin Amash (R­–Mich.) is openly unhappy. He tweets:

Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his 4th Amendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.

Randy Barnett, on the other hand, approves.

I don’t know that libertarians want “big fierce nominees,” but I see what Turley, an interesting thinker himself, is saying in the must-read op-ed, “Why ‘big fierce’ nominees are rare.”

An original thinker is always a good thing (and how few of those there are).

Supreme Court nominees. Most are not especially remarkable in their prior rulings or writings. They are selected largely for their ease of confirmation and other political criteria. Big fierce minds take too much time and energy to confirm, so White House teams look for jurists who ideally have never had an interesting thought or written an interesting thing in their increasingly short careers. … The last nominee was a remarkable departure from this judicial ecology rule. As I testified at his confirmation hearing, Neil Gorsuch was an intellect of the first order with a long list of insightful and provocative writings as both a judge and an author. …The history of Supreme Court nominations is largely one of planned mediocrity. The influential legal minds of a generation often are avoided for more furtive minds. … There is a difference between fierce ideology and fierce intellect. Many on the list of 25 judges stand out for commitment to conservative values but are not particularly distinguished in contributions to legal thought. Most fall closer to the mold of Samuel Alito and Clarence Thomas, as opposed to Antonin Scalia and Gorsuch.

Confirmations tend to reward young lawyers who avoid controversies to advancement on the Supreme Court.

Jonathan Turley cites Richard Posner and Robert Bork as examples of “big fierce minds,” which simply could not be countenanced on the mediocrity-necessitating SCOTUS.

Brilliant piece. Turley is brilliant.

UPDATE (7/10):

John G. Roberts Jr.? Please no.