Category Archives: Law

Backfires: Blah, Blah, Blah De Blasio & His Racism Bugaboo

Barack Obama, Crime, Justice, Law, libertarianism, Race, Racism

From the point of view of the state-hating libertarian, it is better than marvelous to see politicians and their hangers-on having a really hard time of it. And Bill de blah, blah, blah de Blasio is squirming.

When they attacked and killed policemen, the “monkey see monkey do” protesters and cop-killers got their cues directly from leaders like de Blasio. For it is one thing to examine police action, case-by-case to determine wrongdoing; quite another to accuse law enforcement of harboring (and acting upon) endemic racism, as De Blasio, Al Sharpton and Barack Obama have been habitually doing.

Police brutality? Yes! Militarization of the police force? You bet! “A Government of Wolves”? Yes again! “The Rise of the Warrior Cop”? No doubt! But racism? Nonsense on stilts!

(From “Rand Paul Opportunistic—And Wrong—On Race.”)

“Among other grievances,” admitted the New York Times, “the Patrolmen’s Benevolent Association, the city’s largest police union, has in recent weeks criticized the mayor for invoking his biracial son, Dante, after the Garner decision. At the time, the mayor described his experience instructing Dante to ‘take special care’ during any police encounters. Some union leaders suggested that Mr. de Blasio was conveying that police officers were to be feared.”

The sinner and his sin eater, Obama and AG Eric Holder, are as complicit in inciting violence against their own police force, by implicating it, en masse, in the racism bugaboo. Ditto Sharpton, the civil rights industry and the protestor rabble.

Meanwhile, another police officer, Charles Kondek, 45, was shot and killed in Florida. The culprit is suspected to be one Marco Antonio Parilla Jr., 23.

You already know who the accessories to the commission of the crime are.

Garner: Innocent Actor In Sovereign’s Snuff Film

Founding Fathers, Free Markets, Law, libertarianism, Morality, Natural Law

“Garner: Innocent Actor In Sovereign’s Snuff Film” is the current column, now on WND. An excerpt:

Despite its elegant simplicity, the libertarian law is difficult to grasp. This I realized pursuant to the publication of “Eric Garner: 100% Innocent under Libertarian Law.” Some of the smartest, polymathic readers a writer could hope for were easily bullied into believing that by failing, first, to submit to the sovereign and question Him later—Eric Garner had undermined some sacred social compact.

A small-time peddler is killed-by-cop for selling single smokes on a New York street corner. Yet so befuddled were readers over the application of libertarian natural law to the Garner case, that they insisted against all evidence that Garner’s was an understandable death by “civil disobedience.”

“I certainly would applaud those who resist truly immoral laws (like ordering someone to commit torture),” equivocated one writer, “but I am leery to suggest massive civil disobedience of petty regulations which may, in fact, just give rise to more oppressive government to ‘restore law and order.’”

Yes, the poor sod who dared to purchase and dispose of a couple of loose smokes had committed “massive civil disobedience.” Fearing the Sovereign’s vengeance, some of his fellow citizens felt obliged to calibrate just how daringly Garner should have deviated. Did he raise his voice excessively? Did he wave his arms too energetically? All utilitarian, not principled, considerations.

Other readers beat on breast. Hopelessly “torn” were they between my verdict—Garner was an innocent actor in the sovereign’s snuff film—and the proposition that Garner had an obligation to prostate himself before the law to his overlord’s exacting specifications. By failing to do so, Garner had somehow invited his fate.

“Torn” is a word that better comports with images of Gloria Swanson or Marlene Dietrich mid-swoon. What in bloody blue blazes is there to be “torn” over? The right of a man to stand on the curb with a few “loosies” in-hand, and stay alive?

In claiming that Garner was innocent in natural law, I was—or so I was informed—guilty of implying that he had no moral obligation to obey state-enacted positive law. Woe is me—and woe betides that rascal who counseled that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” …

… The complete column is “Garner: Innocent Actor In Sovereign’s Snuff Film,” now on WND.

The Civil Disobedience Ruse

Founding Fathers, Law, libertarianism, Morality, Natural Law, Regulation, Taxation

Despite polite efforts to resist, I was pulled, last week, into a most unpleasant, unscholarly, uncivilized, almost Kafkaesque exchange, in the wake of the publication of “Eric Garner: 100% Innocent under Libertarian Law.” Polite disagreement is second nature when one has been writing controversially and stridently for close on 20 years. However, one is also obliged to swat down any attempts on the part of an interlocutor to score points by sleight-of-hand—by obfuscation. Suffice it to say that ego-bound writing is a bad thing. When the mere prospect of being perceived as wrong is so devastating to a writer; when he becomes maniacal when challenged, digs in and digs up any and all justification for his position, however tangential—that writing ceases to edify.

Another shock to the system was realizing just how difficult the libertarian law is for most mortals to grasp. They say we libertarians make up only 10 percent of the politically conscious public. No wonder. Some of my smartest readers were bullied into believing that to not submit to the sovereign is to undermine some sacred trust or covenant.

So confused were these readers over “Eric Garner: 100% Innocent under Libertarian Law,” that they took off after the pied piper, muttering mad incantations about the understandable death by “civil disobedience” of Mr. Garner.

“Among other things,” wrote one such reader, “there are no real libertarian states and ‘common property’ exists. Thus, while I might have the right to urinate on my driveway, I do not have the right to urinate on (government-owned) Broadway and the cops can arrest me, etc.”

The issue with taxes is also problematic – one who ignores taxes is engaging in civil disobedience and suffers the consequences (this does not make the taxes good but it is not surprising for governments to enforce their own rules). I certainly would applaud those who resist truly immoral laws (like ordering someone to commit torture) but I am leery to suggest massive civil disobedience of petty regulations which may, in fact, just give rise to more oppressive government to “restore law and order”.

Eric Garner did not urinate on public property. Neither did he expose himself to kids. He waved his hands and walked away. Woe is me! As to the comment about “taxation”: yet another WTF moment. Possessing a few loose cigarettes is not a tax offense. Besides, since when do my readers stand up for the “civilizing” influence of the tax collector; a thief by any other name?

Indeed, a few of my readers took off after the rat catcher, wagging fingers at the poor sod who dared to own and dispose of some loose smokes—-committing “massive civil disobedience”—and lived to tell the tale. Scrap that. Civilization is safe. Garner did not live to tell the tale.

Some good news. The natural law has prevailed among the people:

Americans by nearly 3-1 say the white police officer responsible for the death of Eric Garner, an unarmed black man being arrested for selling cigarettes, should have faced charges from a Staten Island grand jury, a nationwide USA TODAY/Pew Research Center poll finds.

Who was it who counseled that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants”?

Torture A Fig Leaf For Greater Evil

Iraq, Law, Morality, Terrorism, The State

You’ll probably say this is a serious defect, but the CIA torture tempest has never been uppermost in my mind.

The Senate Select Intelligence Committee report on the C.I.A.’s interrogation-and-detention program during the Bush era, just like the torture furor that erupted at the time, is nothing more than a foil and a fig leaf; a cover for complicit journalists, jurists, politicians and pointy heads, who all skirted the real issue:

In invading Iraq and vanquishing an innocent people—Bush, Cheney, Clinton, Kerry and the gonzo journos who backed them absolutely, prosecuted an illegal, immoral and calamitous war. Torture is a subspecies of a larger crime. Fussing about it in this context is like harping on a murderer’s traffic violations.