Category Archives: Law

DO The-Shoe-Is-On-The-Other-Foot-Test, Says Dershowitz

Constitution, Criminal Injustice, Law, Left-Liberalism And Progressivisim, libertarianism, Liberty

“There are no more civil libertarians left,” warns celebrated attorney Alan Dershowitz, on “Tucker,” May 30, 2018.

Dershowitz, a life-long liberal and civil-libertarian, has refused “to allow partisan politics to preempt his views on the Constitution,” in the matter of Grand Inquisitor Robert Mueller and his tribunal.

The ACLU (The American Civil Liberties Union) has supported the FBI’s manifestly unconstitutional raid on Michael Cohen’s offices, asserting that the removal of his client-attorney privileged files was a good thing.

“… all indications thus far are that the search was conducted pursuant to the rule of law, and with sign-offs from Trump appointees,” [which is] a stunning rebuke to the basic concepts behind the ACLU’s mission. ”

“The left is less interested in civil liberties.” Much less.

“The ACLU is dead in the water when it comes to defining the civil liberties of people they don’t agree with.

Do “The shoe is on the other foot test” says Dersh. Everyone has to pass it. “If the shoe were on the other foot, would you be taking the same position you’re taking today?” Then you’ll grasp civil libertarians or libertarians.

For us, it’s about justice for all, so that each one of us is safe. Simple. Defend the rights of all to be “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” so that each and everyone of us can live free of unconstitutional raids on our businesses or bedrooms.

“Too many on the right and the left do not pass the shoe-is-on-the-other-foot” test, averred Dersh: Conservatives fail the test. Liberals fail the test.

“We need neutral principles. We need standards of constitutionality,” Dershowitz inveighed.

We have them, sir. We don’t abide them. We’ve ditched them.

This is why civil libertarians like Alan Dersh and creedal libertarians (check) will always be on the fringe, annoying partisans on both sides.

UPDATE IV (5/22): ‘Haters Gonna Hate, Hate, Hate, Hate …’

Anti-Semitism, Family, Gender, Ilana Mercer, Law, Logic, Political Correctness, Psychology & Pop-Psychology

As my dearest first cousin says, “You need to duck, cuz, and let the sh-t hit the wall.”

Quit trying to convince pathological haters you’re a good gal or guy, because, well … “haters gonna hate, hate, hate, hate, hate.”

And they’ll hate you, even when you transform yourself in their image.

If people harbor hate for you—speak it and act it—there’s nothing you can do to transform that hate. Surround yourself with those who don’t think you’re drek. Surround yourself with people who know your heart and with whom you have reciprocal relationships.

In a related context, an articulate reader, a lawyer, reacted strongly to the habitual hatred this writer receives on the Unz Review:

imbroglio says:
May 18, 2018 at 2:00 pm GMT • 400 Words

Until recently, I’ve been an avid reader of the UNZ review one of whose leading contributors is Ilana Mercer. Ilana has great insight informed by natural gifts and the benefit of having lived in various cultures. Because of her (((background))), Ilana draws the mocking ire of trolls who hope to discount the value of what she says by means of their ad hominem attacks on her ethnicity. As we say in the legal world, argue the facts. If you haven’t got the facts, argue the law. If you have neither the facts nor the law, call your opponent unflattering names and argue to the jury that though the defendant didn’t commit the crime, he could have or at least he would have which makes him as guilty as if he had committed the crime.

Free speech enables people to say what they want. But there are consequences. When the UNZ Review lends itself to Jew-bashing, which is better done by those who write for Takimag and whose skill, in that regard, has been refined to a finer art than UNZ readers seem capable of; Ron Unz and his contributors lose credibility and start to become cliché and uninteresting. In addition, the men who engage in this business – I’ve yet to see a woman do so – come off as weasels and wimps. Let the P.C. crowd do as it pleases, its denizens are hardly avatars of healthy gender relations, but though a guy may take sharp issue with a woman, no self-respecting man would demean a lady with the kind of snide and baseless insults Ilana seems to attract.

There are two kinds of Jew-bashers: the ruthless, intelligent sociopaths who’d inflict violence on Jews if they thought they could get away with it. Their presence on this site is rare. More numerous are the clever but vacuous Jew-bashers who tend to end up as cannon fodder in their personal lives, conflicts and contests that have little to do with Jews. UNZ may find their comments useful, but why that would be so escapes me.

*****

Why, thank you sir—especially for fingering the unmanly men who suffer small-man syndrome.

Fact: There are other Jewish writers on the Unz Review. But they are men. They receive mostly obsequious, boot-licking adoration from the “weasels and the wimps.”

At play here is more than Jew-bashing. It is that the miserable, mediocre men in the Comments Section (for the most) hate it when a woman out-thinks men.

As a defender of men, this saddens—it’s been a huge disappointment—but it is, nevertheless, true.

Like the reader, I prefer the American Renaissance’s practice of a modicum of comments moderation. The Comments on said site are edifying even when negative.

An example of edifying criticism is the reader on Townhall.com. His comments yielded the 5/17 column, “Whodunit? Who “Meddled” with Our American Democracy?” (Part 2).

But hey, The Unz Review is private property. And weasels and wusses don’t scare me. I write my weekly piece, generally to positive reviews. (UPDATE III (5/21): Have done so since 1999, for almost 20 years.)

And I avoid reading the words of the weasels and the wusses as a real man would avoid email spam advertising penile enhancements.

BRING IT, BITCHES!

UPDATE I via Facebook:

Myron Robert Pauli Ilana Mercer: (1) There are, tragically, very few really good columnists of any sex M,F,LGBTQRSTUVWXYZ – and you are one of them. (2) Even among good writers, there are not too many women – not sure why {politically correct answer is the Intergalactic Sexist Conspiracy} – but there are just a few. (3) Can one find anti-Jewish/Zionist whatever stuff on the Unz sight – yes, and more than I would like to see but I try not to get into a pi$$ing contest with every skunky inference on the planet – one never “wins” these contests (4) Ironically, I am finding precious little to read in the Washington Post op-eds – I almost think it is the identically same op-ed “Trump Is Hitler” with a computer randomly toggling sentences and then putting a random name of Dana Milbank, Fareed Zakharia, Eugene Robinson, Jennifer Rubin, Greg Sargent, Kathleen Parker, Richard Cohen, Fred Hiatt, R2D2, … whomever’s turn it is for the by-line of the “Trump Is Hitler” op-ed-du-jour (5) On the latter point, I am not claiming this because I think Trump is perfect but to quote Johannes Brahms when someone pointed out that the last movement of his first symphony resembled a theme in Beethoven‘s Ode to Joy, “Any ass can see that!”. (6) Thus, it is the people who point out that the Iraq war was an impending disaster – the people who have the foresight to not follow the “prevailing” stupidity that I admire the most (such as Ilana).

UPDATE II via Twitter:

UPDATE IV (5/22): Wanda’s generosity of spirit means more than she knows.

Wanda De Lange Zanzi With dictionary by my side, I adore reading the workings of your mind. As a female you inspire me as a female… You have already and continue to teach me to think logically and laterally without gender (class, culture and or race) emotion, on many issues. As a female South African that says a lot, which, perhaps, would be greatly misinterpreted by a gazillion other people. Thank you for inspiring me to think.

Alan Dershowitz Vs. The Fanatic Richard Painter

Democrats, Donald Trump, Ethics, History, Law, Morality, Neoconservatism, Republicans

He’s a sharp mind that has stood up for The Law throughout, and remained above the filthy political fray we’re in: He’s Alan Dershowitz.

Dershowitz has stood up to the shill, Sean Hannity, too.

Now, Professor Dershowitz goes up against Richard Painter, whom I’ve described as the quintessential Yankee, in a 2017 post titled “The Face of a Fanatic, Or A Modern-Day Radical Republican”:

Richard Painter, a modern-day Radical Republican by any other name, has the same crazed look worn by the original Radical Republican, the fanatic Thaddeus Stevens.

The context (as in who the Radical Republicans were) is in my column, “The Radical Republicans: The Antifa of 1865.”

UPDATE II (5/8/018): ‘Howdy’: Back From Speaking To The Texas A&M Free Speech Forum About South Africa

America, Conservatism, Education, Etiquette, Free Speech, History, Ilana Mercer, Law, South-Africa

Has absence made the heart grow fonder? I hope so.

I’m back from speaking about South Africa at the Free Speech Forum of  the Texas A&M University, on the College Station campus.

A remarkable young man, the president of the Texas A&M Free Speech Forum, invited me to speak for reasons that astounded and gave hope.

The Forum, I was told, doesn’t seek out the conservative/libertarian speakers, who’re usually invited on campus by “the established, libertarian/conservative/republican groups.”

You know. That boilerplate content.

“It is not our place to host them,” I was emphatically informed by one so young.

“Rather, we provide a platform for those who would not be invited otherwise by these established libertarian/conservative/republican group.”

Check.

I was further told that the Texas A&M Free Speech Forum criteria are “whether one is an expert in his or her field.”

Oh! So what the hosts had in mind was not a power-point, low-information presentation, with lots of gory images and a few recycled facts, harvested from one or two online posts!

OMG!

Your history in the country as well as your seminal work, “Into the Cannibal’s Pot: Lessons For America from Post-Apartheid South Africa,” make you, in particular, stand out as the most qualified figure to present on the topic [of South Africa], in addition to specific requests to host you personally.

Imagine! A forum seeking thinkers who’re not part of the popular speakers’ circuit!

Here were young men who understood that those voices making the most noise about conservative freedom of speech denied were not necessarily the ones truly marginalized.

Having been given this opportunity, I aimed to provide a backdrop—the analytical foundation, if you will—for what’s unfolding in my birthplace of South Africa.

From land confiscation to the ethnic cleansing of the waning minority—I tried to explain why what’s happening in South Africa was baked into the political cake; was predictable, and was, to a large degree, the doing of the West.

The concept of white privilege was woven in as well.

To travel all the way to College Station, Texas, and not experience more of the “Lone Star State” was not an option. After driving from Austin eastward to College Station, we headed south-west to San Antonio, where we stayed for two days. Then it was a long drive back to Austin.

Other than the weather (brutal), Texas is a civilization apart. I live in a state in which the Yankee, busybody mentality dominates, as friend Professor Clyde Wilson would say. People are unfriendly, opprobrious, stuck-up, and, frankly, boring.

They tell you how to live. If they get wind of your beliefs—why, even if your use of the English language makes them uneasy—they will take it upon themselves to fix your flaws; to read you the riot act. Make you more “manageable.” More like them.

While civility and congeniality are generally not part of the Yankee repertoire; ordinary Texans, on the other hand—and from my brief experience—tend to be sunny, kind and warmhearted. I did not encounter rude.

As for telling you how to live; how do you like this sign? It’s from the ladies’ bathroom in  a Caldwell diner.

With two impeccably mannered, young gentlemen, who organized EVERYTHING:

Before.

The San Antonio River Walk is teaming with adorable, brazen birds. It sports zero barriers to protect the brats (people mind their kids):

The Alamo garden:

More later.

UPDATED (5/7/018):
Everybody was down with the birds scavenging leftovers. A restaurant put up a memorial to its resident duck, whose neck had been wrung by, as they put it, scumbag, human trash, homeless riffraff. In Washington State we have only honorifics for such scumbags .

Chapel at Mission Concepción, San Antonio:

This specter formed part of my address/lecture:

‘Indigenisation’ of the law:

UPDATE II (5/8): Jack Kerwick has as hopeful an encounter as I had. We discuss.

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