UPDATED : Feds Have No Right To Conscript APPLE (Big Gov. Guy Gates)

Business, Constitution, Jihad, Private Property, Technology, Terrorism

It’s one thing for the federal government to subpoena “the data on the iPhone 5C” of jihadi murderers Rizwan Farook and wife Tashfeen Malik. It’s quite another for the FBI and prosecutors to demand “Apple produce software that would give investigators access to the iPhone at issue.”

A warrant for the information of the killers is perfectly reasonable. For this, the Fourth Amendment to the US Constitution provides:

The Fourth Amendment requires the government to present to a judge evidence of wrongdoing on the part of a specific target of the warrant, and it requires that the warrant specifically describe the place to be searched or the person or thing to be seized. The whole purpose of the Fourth Amendment is to protect the right to be left alone — privacy — by preventing general warrants.

In the case of the Fockers, I mean the Farooks, there is ample probable cause.

Probable cause is a level of evidence sufficient to induce a neutral judge to conclude that it is more likely than not that the government will find what it is looking for in the place it wants to search, and that what it is looking for will be evidence of criminal behavior.

But for a magistrate to order that Apple make an application to assist the Feds in doing their work: That’s tantamount to conscripting the company to involuntarily work for the feds. There is no warrant in the Constitution for that!

In fact, the involuntary conscription of someone’s labor, the 13th Amendment to the U.S. Constitution abolished in 1865.

This is why I get frustrated when people waffle about the need for someone to enforce the US Constitution. What Constitution? Surely it’s time to realize the Constitution is, for the most, a dead letter? Alas, in the fullness of time, a provision will be found for this new violation. Allusions will be made to our “changing, dangerous world.”

UPDATE (2/23):

UPDATE II: If Allowed, The Rubio Snake Will Charm Trump Into Defeat (Giuliani?)

Donald Trump, Elections, Neoconservatism

The establishment might just get its way and see Donald Trump defeated by a nobody like Barack Obama (who was invented as a presidential candidate by Queen of kitsch Oprah). If Trump continues to hammer at the wrong man, the talented Ted Cruz, and ignore the Marco Rubio menace; the front-runner could come short.

CHRIS WALLACE, FOX NEWS ANCHOR: All right. Let’s talk about Marco Rubio and his fitness to be president.

TRUMP: Well, he’s a talented guy. He’s a good guy. I like him. We’re going to have to see what happens.

You know, I start off liking everybody. Then, all of a sudden, they become mortal enemies. So, we’ll see what happens. But he’s been very respectful, very nice. I hope to beat him.

Neoconservative Sen. Marco Rubio was once the deserving object of Sen. Rand Paul’s scorn. Now that Paul and Chris Christie are gone; this charming empty suit seems poised to slither into Donald Trump’s good graces. Trump appears to refrain from attacking individuals if they’re nice to him. This would suggest that so long as they’re nice to him; anyone could become Trump’s running mate or cabinet member.

You’re supposed to deconstruct an opponent’s positions and like or dislike only those.

The foreign policy forays of Rubio—and of John Kasich; I can’t tell with Cruz—will be of a piece with those of Genghis Bush.

Where Trump truly loses credibility to me in is in the way he’s treating Cruz. Trump and Rubio say Cruz is a liar and a bit loopy. This is not immediately obvious from the “evidence” they muster. Cruz’s resume belies it.

UPDATE I (2/22): Crooked prosecutor Rudy Giuliani is Trump’s “campaign consigliere,” reports the New York Post. Is Trump showing his true colors? As I wrote, 03.04.07:

to mention Giuliani without speaking of how he Nifonged Michael Milken is to fail as a libertarian, an individualist, or as an individual who cares for liberty and justice. (I like the verb I’ve just coined: Nifonged.)

Read “American Prosecutors Deserve Count Of Monte Cristo.”

UPDATE II (2/24):

Preach It: ‘People That Are Smart Know The War In Iraq Was A Disaster’

Bush, Donald Trump, Iran, Media

Pompous CHRIS WALLACE, FOX NEWS ANCHOR, imagined he’d still get the upper hand with a post-South Carolina Donald Trump, but ended up changing the subject … quite a bit.

WALLACE: To the larger point, I mean, whether it was lying or whether it was the mandate — particular now that there’s going to be more and more focus on everything you say, do you think you have to be more careful?

TRUMP: …The case of the war — the war in Iraq was a disaster. By the way, I was against it at the beginning. And Joe Scarborough can show you do that because fortunately he found a clip. But the fact that I said they a successful military operation, maybe it might have been successful as an opening operation, but I was opposed to the war. The war in Iraq was a disaster, OK? It may have been the worst decision ever made, ever made in the country. OK? That’s how bad it was.

WALLACE: But, sir, respectfully — I mean, that wasn’t the issue. The issue is whether or not we were lied into war. I don’t necessarily —

(CROSSTALK)

TRUMP: Well, right now that’s for other people to term — I don’t say yes or no. I’m not saying yes or no. I’m saying let somebody else determine. …

… Look, the war in Iraq was a disaster. The reason I won by such a large number is that while the pundits, including yourself, thought I made a mistake when I took on Bush on that issue — and I have nothing against Bush. I don’t even know the president. I never met him.

But when I took on Bush on that issue, I never felt it was a bad thing to do because people that are smart know that the war in Iraq was a disaster. And even Jeb Bush in the end admit that the war in Iraq was not a good thing.

WALLACE: New question, new subject.

MORE.

REQUIRED READING:

“RATIONALIZE WITH LIES”
“WHAT WMD?”
“AXIS OF ILLOGIC”
“BLAME BUSH, NOT THE JEWS, FOR IRAQ”
“BUSH’S 16 WORDS MISS THE BIG PICTURE”
“IRAQ LIARS & DENIERS: WE KNEW THEN WHAT WE KNOW NOW”
“Why So Many Americans Don’t Support Attacking Iraq”

Smash The Spoils System, Baby: South Carolina Brings It

Donald Trump, Elections, Private Property, Republicans

The menagerie of morons that is American media—these crooked, scripted, bought-and-paid-for insiders—are finally, but not quite, grasping Donald’s appeal to average folks. The gaffes and impolitic statements are the hallmark of a man who tells the truth as he see it, without dressing it up in the raiment of politically enforced propriety. Most ordinary people would do the same if they’d live to tell the tale:

Via The New York Times’ Frank Bruni:

… people voting for [Trump] aren’t evaluating him through any usual ideological lens. They’re not asking what kind of Republican he is. They’re not troubling themselves with whether the position he’s selling today matches the position he was selling yesterday or even what that old position was.

They want to try something utterly different—utterly disruptive, to use the locution du jour—and that leaves them, on the Republican side, with the options of Trump and Ben Carson. Trump has the fire.

Who said so in June in “A Candidate To ‘Kick The Crap Out Of All The Politicians’”? (Watch this space for my forthcoming book.)

… Trump didn’t just win South Carolina, and he didn’t just win it by a margin of 10 points. He won it despite what looked, over recent days, like a concerted effort to lose it. He won it after what appeared to be one of the worst weeks that a candidate could have.

It began at the most recent debate, where he trashed the last Republican president, George W. Bush, and accused him of lying to the American people as he led them into war in Iraq. He sounded like a liberal Democrat. Republican primary voters, especially those in the South, aren’t typically receptive to that.

Over the next days, Trump sounded even more like a liberal Democrat, at least as described by Ted Cruz, who went after him relentlessly, armed with Trump’s own past statements in support of abortion rights and Planned Parenthood. [We libertarians are accused of so sounding, too, because we know you cannot compel free individuals not to do certain things with their private property—their bodies—however, you can defund a thing that ought not to be funded in the first place, because there is no constitutional warrant for it.]

The week got messier from there. Trump picked a fight with the Pope. Trump picked a fight with Apple. It became evident that no personage or brand, no matter how beloved, was safe from his wrath.

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