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  • Archive for the 'Law Enforcement' Category

    Jihad in New York City.

    Posted by Michael Kennedy on 23rd October 2014 (All posts by )

    It is seeming more clear all the time that the attack on four police rookies in New York was another “lone wolf jihad attack.

    The photo of the attacker shows his beard. Other evidence suggests that:

    Police Commissioner William Bratton said that investigators were still trying to confirm the identity of the assailant and determine a motive.

    Asked if the attack could be related to terrorism, Bratton didn’t rule it out.

    New York already has an Ebola case with a returning doctor who went bowling the night before he called 911 with a 103 fever and vomiting.

    The situation seems to be complicated and the New York Mayor is unlikely to handle this well.

    Thursday evening the New York Police Department issued a patrol bulletin alerting officers to be in a state of heightened awareness after Wednesday’s murder of a Canadian soldier and shootout at the Parliament complex in Ottawa. The bulletin warns of potential attacks on uniformed officers.

    Well, now we have one. The other interesting thing is this:

    The 2 p.m. apparently unprovoked attack occurred as four police officers were posing for a passing photographer when the suspect charged the group, swinging a hatchet with a four-and-a-half-inch blade, officials said. He struck one officer in the arm and another in the head before two officers drew their weapons and opened fire as he swung the hatchet a third time, officials said.

    I would hate to implicate the photographer so we will see what, if any, connection there was between the staged photo and the attack.

    Four rookie police officers were working near 162nd Street and Jamaica Avenue when a freelance photographer asked them to pose for a photo in front of a Conway store. While they were posing, another man, described as a 32-year-old male, attacked without saying a word, Commissioner Bratton said at a press conference Thursday.

    The Chief of Police does not believe the photographer was connected.

    Commissioner Bratton said he doesn’t believe the photographer was working in any way with the hatchet-wielding man. Officers are now reviewing his photos from earlier in the day.

    The attacker has a Facebook page with radical Islamic statements in Arabic.

    Hmmm.

    Posted in Anti-Americanism, Islam, Law Enforcement, National Security, Religion, Terrorism | 19 Comments »

    Home Grown Jihad

    Posted by Sgt. Mom on 30th September 2014 (All posts by )

    I think that I shall never hear a phrase more heavily loaded with skeptical sarcasm than the bromide of “Islam is a religion of peace.” It’s even more heavily loaded than the Soviet-era convention of client states calling themselves the “People’s Democratic Republic of Whatever.” I also will never see anything rhetorically speedier than those self-elected community Islamic community leaders who briefly note some horrific and murderous act committed by a member alleged to be in good standing in their community and then commence to whine about how they will be hurt (Hurt, I say, deeply hurt!) by the resulting (nearly always non-existent) anti-Islamic backlash on the part of the general public. Strong word – whining, but no other expression quite hits the spot when it comes to self-centered self-involvement. The implication which comes across is that blowing off the legs of runners at the Boston Marathon, knocking down the Twin Towers, opening fire on a bunch of Army troops at a post processing center, or beheading a middle-aged female office worker while screaming Allah Akbar is more wrong because it makes Muslims look bad, not because it is mutilation and murder, mass or otherwise.
    Read the rest of this entry »

    Posted in Civil Society, Current Events, Islam, Law Enforcement, Terrorism | 27 Comments »

    Worthwhile Reading & Viewing

    Posted by David Foster on 21st September 2014 (All posts by )

    Some great spiderweb pictures

    Glacier National Park pictures from D L Sly, who writes at Villainous Company

    High school principal bans Chik-fil-A at Booster Club events.  She justifies her decision on grounds of “inclusivity and diversity.”  Well, I guess that could be one translation of the German term Gleichschaltung.

    SWAT team raid on barbershop rebuked by appeals court

    Wishful science:  “if there’s little incentive to publish negative results, whatever reigning paradigm is operating in a given field will be very resistant to change”

    Years ago, Arthur Koestler asserted that human beings are basically crazy and that maybe it would be possible to develop a sanity-improving drug and put it in everyone’s drinking water.  I was reminded of Koestler’s suggestion by this:  Should we all take a bit of lithium?

    Avoiding managerial groupthink with the right kind of diversity

    People succeed where systems fail

    Arguing with Leftists:  How narratives trump everything

    Making subway cars in Yonkers:  a photo essay

    Posted in Business, Civil Liberties, Education, Human Behavior, Law Enforcement, Leftism, Management, Photos | 6 Comments »

    Sunset Empire

    Posted by Sgt. Mom on 28th August 2014 (All posts by )

    Between my English and Scots-Irish-English grandparents, a deep and abiding love of English literature and history, a fair number of English friends, and two long-ago summers sojourns in Britain doing the youth hostel and Brit-Rail Pass, I’ve always looked on the place as my metaphorical second country. I know it about as well as any American could and not actually be in residence there, and I’ve always kept in touch – through English magazines, newspapers and yes, in recent years through websites. Yes, and I score sufficiently high on any number of those quizzes testing American knowledge of British slang to say, with perfect truth, that I speak fluent Brit. (Although I can’t place British regional accents … something to do with acquiring most of this knowledge from the printed page rather than the spoken word.)

    So ever since I happily discovered The Internet, and began following more news than was available in the local newspaper and mainstream print publications, I’d been reading English news sites – starting with, I think, The Times of London and The Spectator – before they put the good stuff behind a pay-wall, and moving on to the Telegraph. I had a print subscription to the Guardian Weekly, for years – and occasionally checked out their website before the burden of wading through waist to neck-deep oceans of political-correctitude got to be too much of a chore. Now my guilty tabloid pleasure is to scan the Daily Mail; I know, in the eyes of the grand and the good, this is about one step above the Star or the National Enquirer. But the Mail and the Enquirer have of late begun to commit regular acts of non-partisan journalism – especially when it comes to the American political scene, in contrast to the supposedly more respectable publications.
    Read the rest of this entry »

    Posted in Britain, Civil Society, Crime and Punishment, Just Unbelievable, Law Enforcement | 19 Comments »

    John Quincy Adams on Gaza

    Posted by L. C. Rees on 18th July 2014 (All posts by )

    Our relations with Spain the Palestinian National Authority (PNA) remain nearly in the state in which they were at the close of the last session. The convention of 1802 Oslo Accords of 1991 and 1995, providing for the adjustment of a certain portion of the claims of our citizens for injuries sustained by spoliation, and so long suspended by the Spanish PA Government has at length been ratified by it, but no arrangement has yet been made for the payment of another portion of like claims, not less extensive or well founded, or for other classes of claims, or for the settlement of boundaries. These subjects have again been brought under consideration in both countries, but no agreement has been entered into respecting them.

    In the mean time events have occurred which clearly prove the ill effect of the policy which that Government has so long pursued on the friendly relations of the two countries, which it is presumed is at least of as much importance to Spain the PLA as to the United States Israel to maintain. A state of things has existed in the Floridas Gaza Strip the tendency of which has been obvious to all who have paid the slightest attention to the progress of affairs in that quarter. Throughout the whole of those Provinces to which the Spanish Palestinian title extends the Government of Spain the PLA has scarcely been felt. Its authority has been confined almost exclusively to the walls of Pensacola and St. Augustine the West Bank, within which only small garrisons have been maintained. Adventurers from every country, fugitives from justice, and absconding slaves have found an asylum there. Several tribes of Indians Islamists, strong in the number of their warriors terrorists, remarkable for their ferocity, and whose settlements extend to our limits, inhabit those Provinces.

    These different hordes of people, connected together, disregarding on the one side the authority of Spain the PA, and protected on the other by an imaginary line which separates Florida the Gaza Strip from the United States Israel, have violated our laws prohibiting the introduction of slaves, have practiced various frauds on our revenue, and committed every kind of outrage on our peaceable citizens which their proximity to us enabled them to perpetrate.
    Read the rest of this entry »

    Posted in Israel, Law Enforcement, Markets and Trading, Space | 4 Comments »

    SWOT, One Year On

    Posted by Jay Manifold on 15th April 2014 (All posts by )

    A year ago I was dispassionately composing my analysis. Today, when I left the Sprint campus and drove east on 115th Street to turn north on Nall toward I-435, there were TV news vans with telescoping antennae lining the street at the entrance to the Jewish Community Center.

    Coincidentally the number of dead is identical. There are, however, no (physically) injured survivors, and the motivation for the attack was similar only in that it was intended to draw attention to a cause. I fear that the perpetrator is cunning enough to succeed in that; his previous notoriety was due to legally forcing some radio stations to briefly carry Nazi ads during an election campaign season. Much has been made of the gentile – and indeed seriously committed Christian – identity of the victims, but I believe that was unimportant to him. What mattered was that he seize a mechanism for dissemination of conspiracy theories, and now, given the administrative blockheadedness of the American justice system and the puerile conventions of American journalism, we are all too likely to be subjected to many hours and tens of thousands of words of exceptionally vicious, totalitarian propaganda, varying portions of which will be heard by tens of millions of people. This guy knew exactly what he was doing.

    I could tell that from the video snippets of his arrest, just as I could tell, hours before it was officially confirmed, that he would turn out to have come from rural Missouri (Aurora is nearly a 3-hour drive from Overland Park; he had to have cased both facilities beforehand) and would turn out to be a southerner with prior Klan involvement. It was completely obvious from his accent, his tone of voice, and his attitude on camera. He is now operating inside the American institutional OODA loop. Our entirely proper determination to grant a scrupulously fair trial – when we’re not piling on the charges in order to ram a plea bargain through, that is – will be roughly equivalent to giving him not airtime for advertisements, but his own highly rated nationwide radio network.

    Fortunately, he is also sufficiently sui generis that copycat attacks are unlikely, at least in the immediate future. Should an American Dolchstoßlegende catch on, however, things may deteriorate sharply. The general case is to scapegoat a relatively small, easily-identified minority: it was the “1%,” or twenty-five guys on Wall Street, or the Koch brothers – or George Soros, or Obama/Pelosi/Reid, or the leftist academics on their Long March through the institutions – or (of course) Jews, or Latino immigrants or Asians stealing our jobs. If we just expropriate, or deport, or exterminate them, and everyone like them, the story goes, our country will be purified, and Utopia ensue. The ideology may be Nazi or Communist; either will do in a pinch, as Hayek wrote nearly three-quarters of a century ago: its adherents are uncertain, and know only that they hate Western liberal civilization.

    Just to make things more complicated, tolerance can definitely be taken too far. Interviews with the perpetrator’s neighbors in Lawrence County, Missouri, immediately elicit idiotic postmodernist comments to the effect that he seemed like a nice enough guy but had some opinions that they didn’t agree with. Great. Your assigned reading is here, you nitwits.

    So when blood ran in the streets of my city, did I follow my own advice in the ostensibly-uplifting conclusion to my analysis of a year ago, and immediately redouble my efforts on whatever it is I was supposed to be doing? Well, it was a Sunday, so there was somewhat less of that, although I tend to devise more projects for my spare time than I could possibly execute anyway. But in the event, whatever it may say about me, I felt tremendously violated, as though the murders had occurred in my driveway rather than six miles away. And what I actually did was drink rather more cheap boxed red wine than usual and break down a couple of times. I don’t have any particular aversion to weeping, but I don’t need to do so very often. Turns out I needed to on Sunday evening. The question of how I will react should much larger-scale events occur in even closer proximity remains unanswered.

    The problem, of course, is that this kind of thing isn’t supposed to happen here … which is a rather hypocritical sentiment in light of the actual statistics on violent death locally. A couple-three people a week get murdered in this town, three-quarters of them in an area covering only one-tenth of the municipality of KC, Mo., and a tiny fraction of the area of the entire MSA. Assuming that the said area (34 mi²) has the same population density as zip code 64130 (of which it largely consists), a moment with a calculator establishes that the homicide rate in question – the southwestern boundary of that area reaches to within two miles of my house – is nearly 80 per 100,000 per year, making it one of the most dangerous places in the Western world, and also as dangerous as Iraq before the Surge, which the media thoughtfully informed us at the time was the Worst Thing Ever. Gallivanting off to Haïti is all very well, but perhaps I should find a more local ministry to volunteer with while I’m at it.

    But it really isn’t supposed to happen here, and not just because Overland Park is a world away from the East Side. Side-by-side, indeed inextricably mixed, with the ongoing mayhem five minutes’ drive from my doorstep is a deep reservoir of peace and contentment. God damn it, we just want to listen to jazz and eat barbecue. In its best moments, there is no gentler place on Earth. The lives of those taken on Sunday bear witness to that.

    “The new thing — the thing which we had not known — the thing we have learned now and should never forget, is this: that a society of self-governing men is more powerful, more enduring, more creative than any other kind of society, however disciplined, however centralized.” – Harry S. Truman, Radio Report to the American People on the Potsdam Conference, 9 August 1945

    “Boys, if you ever pray, pray for me now.” – Harry S. Truman, to reporters, 13 April 1945

    Posted in Anti-Americanism, Civil Liberties, Civil Society, Crime and Punishment, Current Events, History, Judaism, Law Enforcement, National Security, Personal Narrative, Politics, Predictions, Quotations, Religion, Society, Terrorism, USA | 3 Comments »

    Random Links

    Posted by Jonathan on 1st March 2014 (All posts by )

    -Will Israel Be the Next Energy Superpower? – A balanced, thoughtful look at recent developments from Arthur Herman. There is cause for optimism.

    -Wildlife photographer pleads guilty to violating Endangered Species Act – The gist of the story is that some guy was photographing “endangered” birds from less than 500 feet away, which apparently is a violation of the Endangered Species Act, and was turned in to the feds by zealous environmentalists who saw him do this. Of course he copped a plea. If he had taken his chances in court he could have ended up in jail for years. As it is he may still do time and will end up with a felony conviction and probably a big fine to make an example of him. The birds he supposedly harassed aren’t even rare, merely locally rare in Florida, and he didn’t harm any of them. At most he should have been fined a few hundred bucks and warned to stay farther away from the wildlife. But nowadays everything is a federal crime with draconian penalties, and you can’t fart in a wetland without violating some rule. And the enforcement agencies have to justify their budgets. He should have left the birds alone, but his punishment is cruelly excessive. Some of the comments in response to the article are remarkably heartless. Not just the EPA but also the Fish and Wildlife Service and the Park Service deserve substantial defunding.

    -Possibly my best blog post ever.

    Posted in Big Government, Civil Liberties, Energy & Power Generation, Environment, Humor, Israel, Law, Law Enforcement | 10 Comments »

    To Become the ‘Other’

    Posted by Sgt. Mom on 3rd February 2014 (All posts by )

    I suppose that my thoughts were running this week on the theory and practice of ‘otherizing’ because my work in the Tiny Bidness has brought me full-face with a prime example of how upright good citizens, patriotic as they saw it, were brought by a turn of the political wheel into being accused criminals, brought before a military commission and charged with crimes which – if found guilty of by the tribunal – could have drawn a capital sentence. That the several found guilty of disloyalty to the régime and sentenced to death, imprisonment, exile or a heavy fine did in most cases, escape the worst of it and return to lives of post-war prosperity and respect must have been of cold comfort at the time.
    Read the rest of this entry »

    Posted in Book Notes, Civil Liberties, Civil Society, History, Human Behavior, Law Enforcement | 8 Comments »

    The Hillary Campaign, step two.

    Posted by Michael Kennedy on 5th January 2014 (All posts by )

    The New Yorker has an interesting short piece about al Qeada, this week by Lawrence Wright. It concerns the recent court rulings about NSA metadata collection.

    Judge Pauley invoked the example of Khalid al-Mihdhar, a Saudi jihadist who worked for Al Qaeda. On 9/11, he was one of the five hijackers of American Airlines Flight 77, which crashed into the Pentagon. In early 2000, Mihdhar made seven calls from San Diego to an Al Qaeda safe house in Yemen. According to Pauley, the N.S.A. intercepted the calls, but couldn’t identify where Mihdhar was calling from. Relying on testimony by Robert Mueller, the former director of the F.B.I., Pauley concluded that metadata collection could have allowed the bureau to discover that the calls were being made from the U.S., in which case the bureau could have stopped 9/11.

    Fair enough but Wright has another point.

    But the Mihdhar calls tell a different story about why the bureau failed to prevent the catastrophe. The C.I.A. withheld crucial intelligence from the F.B.I., which has the ultimate authority to investigate terrorism in the U.S. and attacks on Americans abroad.

    In August, 1998, truck bombs destroyed two American Embassies, in Kenya and Tanzania, killing two hundred and twenty-four people. Three days later, F.B.I. investigators captured a young Saudi named Mohammad al-‘Owhali at a hotel outside Nairobi. He had fresh stitches in his forehead and bloody bandages on his hands. In his pocket were eight brand-new hundred-dollar bills. Two skilled interrogators, Steve Gaudin and John Anticev, persuaded ‘Owhali to write down the number he called after the bombing. It belonged to Khalid al-Mihdhar’s father-in-law, Ahmed al-Hada, and was one of the most important pieces of information ever obtained in the effort to prevent terrorist acts in the U.S. It became known as the Al Qaeda switchboard.

    The title of Wright’s piece is “The al Qeada Switchboard.”

    The N.S.A.’s tracking of calls to and from the Hada household allowed the F.B.I. to map the global network of Al Qaeda. But not all the information was shared. In 1999, Mihdhar’s name surfaced in one of the recorded calls, linking him to Al Qaeda. “Something nefarious might be afoot,” an N.S.A. analyst wrote, but Mihdhar’s name was not passed on to the F.B.I.

    Read the rest of this entry »

    Posted in History, Islam, Law Enforcement, Middle East, Politics, Terrorism | 2 Comments »

    LTC Robert Bateman ignores the law

    Posted by TM Lutas on 9th December 2013 (All posts by )

    It is alarming when a serving military man publicly ignores the law. It is doubly so when he is not only a Lieutenant Colonel but also a professor who has taught at the military academy at West Point. LTC Robert Bateman’s recent Esquire blog misstates the law and misunderstands the role guns play in US society.

    LTC Bateman asserts “As of 1903, the “militia” has been known as the National Guard” and links to an analysis of the act. The reality is quite different if you actually read the first paragraph of the act.

    That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes—the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.

    In other words, the heart of his argument that the militia is not the whole of the people rests at the very beginning on a lie. In the case of an ignorant youth, this might be excused but not a high ranking military professional who has had the responsibility of teaching our future military leaders. It is inexcusable. Given further legislative developments since 1903 regarding discrimination based on sex, I doubt that even this definition of militia is supportable at present because it is too narrow but even this outdated definition is an ocean compared to the teacup that LTC Bateman wants to leave for 2nd amendment rights.

    Since it’s established that LTC Bateman doesn’t necessarily respect the truth, it’s important to check on the rest of his assertions. One of them is that “Weapons are there for the ‘well regulated militia.’ Their use, therefore, must be in defense of the nation.” The police are not in the national guard, does their use of arms defend the nation? Are they a well regulated militia? Is he calling for the disarmament of the police? Perhaps he does, perhaps he doesn’t. By the terms of his argument, they shouldn’t be armed but perhaps he did not want to completely embarrass himself. The alternative is that he is arguing that the police are a militia. This militarization of the police is an entirely different kind of problem, no less disconnected from the American tradition or problematic for our liberties but different than the question of their armament.

    LTC Bateman repeatedly says in this article “hunting is valid”. Then again he also says that weapons “must be in defense of the nation”. So why is hunting valid? I’m guessing because it polls well enough that gun controllers would earn permanent minority status if they were to be perceived as anti-hunting and he personally knows a few hunters who he’d like to continue to see socially.

    Another assertion is that “No 7-11 in history has ever been held up with” a black powder musket. That might be true though black powder firearms robbery is not exactly unheard of, though rare.

    A little investigation yields the possibility that the whole thing is part of a joke of a presidential run which includes such gems as the forced deportation of gun owners (unclear whether they can come back afterwards) and bringing back the draft. So one viable theory might be that he’s just kidding here.

    I’m inclined to a different one, that we should feel sorry for LTC Bateman and his recent stroke that has apparently affected his mental capacity. Our ire should be saved for Esquire magazine and its editorial staff that has encouraged this man to nationally embarrass himself.

    cross posted: Flit-TM

    Posted in Law, Law Enforcement, Politics, RKBA | 35 Comments »

    Why Downtown Was Strangely Safe Today …

    Posted by Sgt. Mom on 19th October 2013 (All posts by )

    In spite of the widely popular beer festival going on in Exposition park …

    (Story here)

    My daughter wanted to stop at Schilo’s Delicatessen for lunch – and this was the first time we have ever been downtown where it wasn’t packed to the point of an hour wait for a table. So we got to Alamo Plaza after the participants had pretty well scattered. But there were a lot of them still, sprinkled here and there, among the tourists, AF Basic graduates, and beer enthusiasts.
    Read the rest of this entry »

    Posted in Anglosphere, Conservatism, Human Behavior, Law, Law Enforcement, Society, Tea Party, Uncategorized | 9 Comments »

    The Drug War

    Posted by Michael Kennedy on 15th August 2013 (All posts by )

    My sentiments on the whole drug question have been influenced by some experience with the medical aspect of the problem. Drugs are slipping out of any control due to developments in synthetic variations of older substances that stimulate brain chemistry, sometimes in unknown ways. The traditional drugs, if we can use that term, are also slipping out of control with Mexican drug wars replacing the Columbian cartels even more violent than their predecessors.

    What about marijuana ? It is widely used by the younger generation and, while I do think there are some harmful consequences, especially in potential schizophrenics, the fact is that the laws are widely ignored and do little good and much harm. First, what about the link to psychosis ?

    Epidemiological studies suggest that Cannabis use during adolescence confers an increased risk for developing psychotic symptoms later in life. However, despite their interest, the epidemiological data are not conclusive, due to their heterogeneity; thus modeling the adolescent phase in animals is useful for investigating the impact of Cannabis use on deviations of adolescent brain development that might confer a vulnerability to later psychotic disorders. Although scant, preclinical data seem to support the presence of impaired social behaviors, cognitive and sensorimotor gating deficits as well as psychotic-like signs in adult rodents after adolescent cannabinoid exposure, clearly suggesting that this exposure may trigger a complex behavioral phenotype closely resembling a schizophrenia-like disorder. Similar treatments performed at adulthood were not able to produce such phenotype, thus pointing to a vulnerability of the adolescent brain towards cannabinoid exposure.

    This suggests that adult use may be less harmful.

    Read the rest of this entry »

    Posted in Civil Society, Health Care, Law Enforcement, Libertarianism, Medicine, Political Philosophy, Science | 26 Comments »

    The Reductio ad Absurdum of Bureaucratic Liberalism

    Posted by David Foster on 7th June 2013 (All posts by )

    The government of Sweden didn’t do a very good job of protecting its citizens and their property from the rampant rioting that took place in late May.

    Government agents did, however, fulfill their duty of issuing parking tickets…to burned-out cars.

    Link with picture

    I’m reminded of an old SF story, “Dumb Waiter,” written by Walter Miller, who is best known for his novel A Canticle for Leibowitz. This story, which dates from 1952, lacks the philosophical depth of Canticle, but seems quite relevant to the events in Sweden.

    In the story, cities have become fully automated—municipal services are provided by robots linked to a central computer system.  But when war erupted–featuring radiological attacks–some of the population was killed, and the others evacuated the cities. In the city that is the focus of the story, there are no people left, but “Central” and its subunits are working fine, doing what they were programmed to do many years earlier.

    The radiation levels have died down now, and the city is now habitable, from a radiological standpoint–but the behavior of the automated systems, although designed with benign intent, now makes entry to the city very dangerous.

    Mitch, the protagonist, resolves to go into the city, somehow get control of Central, and reprogram it so that it will be an asset rather than a hazard for future human occupants of the city.  The first thing he sees is a robot cop, giving a ticket to a robot car with no human occupants. Shortly thereafter, he himself is stopped for jaywalking by another robot cop, and given a summons to appear in traffic court. He also observes a municipal robot mailing out batches of delinquent utility-bill notices to customers who no longer exist.

    Eventually Mitch establishes contact with Central and warns it that a group of men are planning to blow it up in order to have unhindered access to the city for looting…that the war is over, and Central needs to revise its behavior to compensate for the changed situation. The response is that he himself is taken away for interrogation. He hears a woman crying in an adjacent cell—she has been arrested by a robot cop for some reason or other, and her baby was separated from her and is being held in the city nursery.

    Read the rest of this entry »

    Posted in Big Government, Law Enforcement, Leftism, Management, Political Philosophy, Tech | 20 Comments »

    When Nixon Meets RICO, Obama’s Real IRS Problem

    Posted by Trent Telenko on 21st May 2013 (All posts by )

    Over the week end of May 18-19 2013 the Obama Administration official Dan Pfeiffer went out and spun the IRS scandal saying “The law is irrelevant”. On the contrary, the law is very much relevant to the IRS scandal, including prohibitions against specific acts by IRS personnel and more general laws of which the ones to watch concern private civil actions for damages under the federal Racketeering, Influence and Corrupt Organizations (RICO) Act (18 USC 1961, et seq.) and Civil Rights Act (42 USC 1983, et seq.). There is every possibility that the victims of the IRS’s suppression of Obama political opponent free speech rights will sue the IRS and individual IRS employees under the civil rights and civil RICO laws for a $150-to-$650 million legal payday.

    Remember, _THE IRS CONFESSED_. There is no argument that it admitted some of its actions concerning Tea Party organization tax-exempt applications were unlawful, i.e.., illegal. It is obvious that the IRS and its staff engaged in an organized multi-work unit, multi-state, plus Washington DC Headquarters, wide conspiracy to suppress the Tea Party. The IRS unlawfully applied special rules to Tea Party applicants that it did not to others and that conspiracy prevented them from exercising their free speech rights for the 2010 and 2012 election cycles.

    It also is very clear that the IRS — via the questions it was asking the Tea Party and other religious non-profits — was busy creating a quite extensive Nixonian/Ailinskyite ENEMIES LIST for future use in intimidation and the depriving Obama Administration political opponents of their Constitutional Rights.

    Those are classic CONSPIRACY AGAINST RIGHTS (18 USC 241) and DEPRIVATION RIGHTS UNDER COLOR OF LAW (18 USC 242) violations.

    See these criminal federal civil rights statutes, whose violation gives rise to civil liability for damages too:

    Conspiracy Against Rights (18 USC 241)
    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

    and

    Deprivation Rights Under Color of Law (18 USC 242)
    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both;

    and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

    That is the criminal side of things.

    The problem AG Holder is going to suffer obstructing discovery in civil rights and civil RICO lawsuits against the IRS is that criminal prosecutions and civil suits for damages proceed in tandem. The civil suits aren’t stayed by criminal prosecutions on the same subject, let alone by criminal “investigations” short of prosecutions.

    The IRS “Special Group’s” delay of tax exempt status prevented Tea Party NGO’s from fund raising and participating in two political cycles (2010 and 2012) by educating “low information voters” as to the political issues of the day, like the National Rifle Association does. The NGO’s whose applications for tax-exempt status were slow-rolled can claim “trade and business” damages under Civil RICO provisions of Federal law. And the Supreme Court of the USA decided decades ago that criminal acts by the Federal government “under the color of law” do not qualify for sovereign immunity under the Federal supremacy clause of the constitution.

    To quote a lawyer I know –
    Read the rest of this entry »

    Posted in Big Government, Civil Liberties, Crime and Punishment, Current Events, Elections, Health Care, Law Enforcement, Obama, Politics, Tea Party, The Press, Uncategorized | 24 Comments »

    Easy Shot

    Posted by Dan from Madison on 23rd April 2013 (All posts by )

    One of the episodes that I am having a hard time making sense of in the chase for the Boston bombers is the shootout in Watertown. This website, if it is to be believed, seems to have photos of the shootout. I am sure that more photos and video will come out. But we aren’t at the point yet where I can actually put together the events of that shootout and compare them to what I think is an enormous amount of b.s. coming from the Watertown Police Chief.

    The more important question I have for you is this – can you go to jail for shooting known terrorists (or anyone) that are taking shots at the cops? In photo number one, that appears to be an extremely easy shot – I am certain I could have put one through at least one of their heads* at their distance, and since all you really need is a .22 to get it done (low flash/report), I am also fairly certain that the bad guys would have no real idea where the shot came from.

    If I were to take these bad guys out, would I be sitting in a jail cell today? I am guessing yes. Would I beat the rap? Hard to say.

    *with a .22 long gun, that has a decent scope

    Posted in Law Enforcement, Terrorism | 39 Comments »

    Rights

    Posted by Dan from Madison on 21st April 2013 (All posts by )

    Just a quick question for those who certainly know more about this subject than me. Are our fourth and fifth amendment rights suspended during a situation like in Boston when they are doing a door to door search? Personally, I would not have let the cops into my house unless they had a warrant. Nor do I answer questions from cops without representation present.

    Posted in Law, Law Enforcement, Terrorism | 21 Comments »

    The “Professionals”

    Posted by Dan from Madison on 21st April 2013 (All posts by )

    Lots will be written about the Boston bombings in the coming months but what I have to say about it will be relatively short and sweet.

    From my outpost here in rural Wisconsin, it appears that the people of Boston are a bunch of babies. They follow orders from “professionals” very well though, that I will admit.

    There is zero chance that a “stay in your house” order would be obeyed out here in the sticks – I have talked to many of my farmer neighbors already on the subject. In fact, there is also zero chance that those murderers would survive long out here in the rural areas – they would have gotten shot between the eyes, plain and simple, by any of a number of citizens. On that subject, what is up with the lack of marksmanship with the “professionals”? Hundreds and hundreds of rounds volleyed, and one guy lives to tell the tale? Houses shot full of holes that weren’t even in the line of fire? Really? These guys get paid to do this?

    There were thousands of cops on the scene in Boston, and the surviving jerk still somehow got outside of the cordon. I would think this to be embarrasing to the “professionals”. It was clear, at least from where I was sitting, that the “professionals” didn’t have a great grasp on the situation. I laughed when I saw the state troopers marching in formation or the swat guys parading through the neighborhood riding on the running boards of the Hummer. The show of force does not impress the terrorists, or basically anyone – besides perhaps the cowering citizens of Boston and the associated suburbs.

    Can you imagine how bad this would have been if the bombers were actually smart?

    Sorry to have to take this tack in the wake of these murders, but it really, really looks bad on tv from where I am sitting, at least.

    People of Boston: get some guns, band together, and do something. When we had a horrible blizzard here a few months ago we had lives on the line but we all worked together, checked in on each other and helped where needed. You didn’t hear about it because we took care of it ourselves with no help from anyone including the “professionals”. People and livestock were in serious danger, but we worked hard and made things happen while the “professionals” told us to stay inside.

    The “professionals” obviously didn’t bring their “a game” to this event, nor should be counted on to do so in the future. Always remember: you are the first responder. Take action.

    Posted in Big Government, Current Events, Law Enforcement, Terrorism | 48 Comments »

    The Many States of America

    Posted by Carl from Chicago on 10th March 2013 (All posts by )

    Recently I was reading how a professor at the University of Illinois at Chicago was arrested for bringing an unloaded handgun to work, and that it made the news media. I reflected briefly on the fact that you can bring a loaded, concealed gun with you in most places in many states in the US and it wouldn’t be news, it would in fact be normal activity, for instance in the adjacent state of Indiana.

    Meanwhile, in California, it is common for people to smoke marijuana openly as is discussed here. Needless to say, this behavior would get you immediately arrested in many states particularly in the south and midwest.

    Taxation is also highly variable on a state and city basis. New York and California have some of the highest taxes, particularly on income beyond a particular level (progressive taxes). On the other hand, states like Florida and Texas have a much lower level of taxation and a much freer business climate in terms of regulation.

    Without getting into the hottest of hot-button issues, clearly there are differences in the types of marriages and reproduction rights / right to life on a state by state basis. These differences are narrowing in some areas and getting wider in others.

    Some states have “right to work” laws which massively limit union power, and have flourishing and expanding manufacturing economies as a result. Visit Alabama, South Carolina, and Texas to see where all the former manufacturing might in the midwest and Northeast and West Coast migrated to (if it didn’t go to China or overseas). The enacting of “right to work” laws obviously sends an important signal to business leaders whether or not a state is a friendly place to do business for incremental investment (along with taxation).

    The “fracking” revolution has unleashed vast wealth in some states, and in other states it has been banned or severely curtailed. Meanwhile, California is going in on its own with carbon regulations and highly aggressive “green” energy targets, while other states are heavily reliant on traditional (and cost effective) technologies.

    The differences on a state-by-state level on these different dimensions seem large and growing. They are much more subtle (though often correlated) with the Red / Blue analysis. An attempt to classify these vectors could be done as follows:
    Energy Freedom – the ability to extract and use cost effective technologies (like natural gas, fracking, and coal) and a state’s willingness to invest more for reliability or the requirement to use expensive (green) technologies and curtail energy use even at the expense of industry competitiveness and reliability. California is likely on one end and Texas is on the other side, although many others have large freedom including Pennsylvania.
    Safety Freedom – the right to defend yourself at home, in transit, at work and during study or whether that is assumed by the state. Sadly the most restrictive is Illinois and there are many candidates on the other side throughout the south and midwest (Indiana).
    Personal Substance Freedom – the right to smoke, the right to drink, and the right to use various drugs or stimulants. Some odd states (like Colorado) are leading the way on this, it isn’t always the traditional Red / Blue divide.
    Freedom to Work & Hire – the right to work and not be forced to join a union, and this is also tied with local laws and practices that limit the ability to hire and fire and direct hiring or limit firing in various dimensions.
    Freedom to Build / Live / Rent – Houston is famous for having very limited zoning while other states and municipalities have highly restricted zoning practices. The New York co-op concept also severely limits new entrants along with rent control. These laws can also include whether you can work or have a business in your home. While subtle, these practices can have a large impact on prices and how the region functions.
    Freedom From Excessive Taxation – Some level of taxation is necessary for government to function but high tax levels have severe intended and unintended consequences of under investment and evasion. Taxation includes state, local, city, sales, estate, property, and “sin” taxes. These vary significantly by area but are highest in California and the East Coast and likely the lowest in the South.
    Freedom of Marriage Choice – A larger portion of states are recognizing marriages beyond the traditional marriage, and this varies by state
    Freedom of Reproductive Rights – There are a wide variety of approaches and trends on a state level and then there are practical impacts, as well. This is highly variable by state in practice
    Freedom on Medical Rights – an emerging model will be how each state approaches new medical practices and funding methodologies, along with the practical availability of doctors that subscribe to the state’s controls and funding methods. This area will grow exponentially in the near future

    I believe that these sorts of analyses on a state by state level are much more useful than the traditional Red / Blue view (although they are often correlated) and when you start to dig in to the differences on a state and municipal level they are staggering, particularly when you view the extremes.

    It would be interesting and useful to begin to put together the various data sets to analyze states and municipalities along these continuums, and others that I’ve likely missed.

    Cross posted at LITGM

    Posted in America 3.0, Big Government, Business, Civil Liberties, Economics & Finance, Energy & Power Generation, Health Care, Law Enforcement, Real Estate, RKBA | 9 Comments »

    The Normalization of Abusive Government

    Posted by David Foster on 23rd February 2013 (All posts by )

    Consider:

    1) The Drug Enforcement Administration is attempting to seize a $1.5 million building owned as a retirement-investment property by a dentist and an engineer. Grounds are a $37 sale of pot ..to an undercover agent..by one of the building’s tenants, a medical-marijuana dispensary.

    As the judge in the case notes, the Obama administration (in 2009) sent a memo instructing federal prosecutors to not target medical-marijuana patients..before deciding to crack down and sending threatening letters to landlords. He even wondered aloud if President Obama would change his mind about marijuana again, after the building had already been seized.

    This, in a country whose current President pretty clearly was himself a marijuana user, not to mention former President Bill Clinton, who “didn’t inhale.” Neither Obama nor Clinton are in any danger of having their property seized, however.

    2) When financial questions arose regarding the Mountain Pure Water Company, Washington did not send a few staffers to inspect documents. Instead, last spring, some 50 armed Treasury agents breached the company’s headquarters in Little Rock, Ark. They seized 82 boxes of records, herded employees into the cafeteria, snatched their cell phones, and..according to reports..refused to let them consult attorneys.

    “We’re the federal government,” Mountain Pure’s comptroller, Jerry Miller, says one pistol-packing fed told him. “We can do what we want, when we want, and there’s nothing you can do about it.”

    3) In Alexandria, Virginia, a 10-year-old was suspended and arrested for bringing a toy gun to school

    4) In Tennessee, an Ohio couple was pulled over by  pair of black police SUVs. “They were very serious,” said the woman who was driving. “They had the body armor and the guns.”

    On the back of the couple’s car was a Buckeye leaf decal, similar to the one Ohio State players have on their helmets.

    “What are you doing with a marijuana sticker on your bumper?” asked one of the cops, who had apparently never heard of the First Amendment.

    5) In 2005, an Iowa couple purchased a small lot. When they began to lay gravel on the land, which is located in a residential neighborhood, they were hit by an order from the Environmental Protection Administration informing them that the property had been designated a wetland under the Clean Water Act. They were ordered to stop grading their property and were told that they would face fines of up to $75,000 per day if they did not return the parcel to its original state. When the Sacketts attempted to contest the order, the agency denied their request for a hearing.

    Last March, the Supreme Court overruled the EPA and stated that the Sacketts are entitled to appeal the EPA order, rejecting the agency’s claims to the contrary.

    “The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years,” said Mr. Sackett. See my post A Defensive Victory Against Administrative Tyranny.

    6) Bob Wallace and Marjorie Ottenberg, California residents in their 80s, started a business to make water purification devices for backpackers. Their enterprise has been crippled by the Drug Enforcement Administration and state officials, on grounds that iodine crystals–a key ingredient in their product–can also be used for methamphetamine production.

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    Posted in Civil Liberties, Civil Society, Crime and Punishment, Law, Law Enforcement, Political Philosophy, USA | 28 Comments »

    Helter-Skelter

    Posted by Sgt. Mom on 11th February 2013 (All posts by )

    I was a teenager when the Manson murders went down, in the autumn of 1969 – of course, the cruel and inexplicable murder of a movie star and several of her friends made all the headlines, and had lots of law-abiding citizens looking over their shoulders and being very careful about locking the doors and windows of their homes at night. It wasn’t until some time later that the associated murders of an elderly retired couple also hit the headlines of the LA Times, and other national newspapers. A blood-drenched, hippy cult with a weirdly charismatic leader had committed those murders in order – so they claimed – to trigger a devastating racial war, which they termed ‘helter-skelter’ from a Beatles song moderately popular at the time. Read the rest of this entry »

    Posted in Civil Society, Crime and Punishment, History, Law Enforcement, Predictions, Society, Terrorism, Urban Issues | 9 Comments »

    It’s a Matter of Trust

    Posted by Sgt. Mom on 28th January 2013 (All posts by )

    As the old Billy Joel song goes; that is, a fair portion of a civil society is built on trust. Or at least – a large portion of the citizens in that society not only trust each other, but they generally also trust the civil institutions, too. There is an assumption, albeit slightly frayed around some edges that our institutions are generally benign and have the well-being of the larger public at heart. We assume, or did in the past, that laws are passed for our benefit, that rules are instituted for the same reason, that our elected leaders did, or at least mostly made a convincing pretense of representing the interests of their constituents, and not those of lobbyists bearing large favors. Read the rest of this entry »

    Posted in Civil Society, Conservatism, Deep Thoughts, Health Care, Human Behavior, Law Enforcement, Medicine, North America | 26 Comments »

    The Controversial CTC Report

    Posted by Zenpundit on 26th January 2013 (All posts by )

    Cross-posted from Zenpundit.com

    The Center for Combating Terrorism at West Point released a report on domestic terrorism that raised hackles for a number of reasons. Despite the dismissals of liberal political pundits, the reasons for objections to the CTC report are legitimate but they did not need to arise in the first place and might have been avoided with a slightly different editorial approach or appropriate caveats (I just finished reading the report, which is primarily focused on the usual suspects). Here’s why I think the normally well-regarded CTC stumbled into a hornet’s nest:

    Read the rest of this entry »

    Posted in Academia, Civil Liberties, Civil Society, Conservatism, Law Enforcement, Libertarianism, Military Affairs, National Security, North America, Political Philosophy, Politics, Society, Terrorism, USA | 12 Comments »

    More Tales from the “Front Lines” on Gun Control

    Posted by Carl from Chicago on 21st January 2013 (All posts by )

    This article is from our good friend Gerry over at LITGM, who works on the “front lines” of gun control.

    While a good portion of the rifle display is vacant, while half the handgun case is empty and the ammo aisles are barren we still see a lot of customer traffic. A lot. One veteran employee coworker told me earlier in the season that after Christmas the store would be empty and part-timer hours would be cut. Some may be laid off. Didn’t happen. After five years of working there, Ed is surprised.

    Ed claims four years ago, after his first election and due to his past history Obummer frightened the masses enough they began stocking up, causing a mad rush for ammo but not so much for firearms. After the ammo was gone (most popular was handgun ammo at the time I recall as a customer) the crowds subsided after a few weeks. Not this time. Customers flock in during certain hours interrupted by more moderate, what we now call rest periods. The worst times are early mornings, after 5pm and on weekends all day long. We are at the point where customers are buying anything in stock and will make compromises. Definitely a seller’s market.

    They come in and comment on the barren shelves. Without a prompt they comment on politics and politicians. Military veterans and law enforcement officers seem to be the most vocal in opposition to potential new laws and bans. Do not believe the liberal media propaganda machine.

    Some customers will stand and stare, some just gape, slack-jawed at what little ammo selection is left, as if miraculously more will appear or the price will suddenly drop. If you are reading this and like to shoot and/or hunt you had better buy any ammo available. Prices have already gone up and will not, in my opinion, be going down again anytime soon.

    Last Friday an older retired gent pushing a cart wearing a hearing aid needed assistance. He and his wife were standing in front of a free-standing display that holds buckshot and slugs. Because of his hearing loss the wife acted as translator and at times repeated what I said very loudly. He explained that his WInchester pump shotgun was nearly fifty years old and he has had it in a closet, unused for the past twenty. His question was, is it safe for him to use 00Buck in such an old weapon? My response at first was to ask what was the fixed barrel choke (knowing that an older shotgun such as his was without changeable screw-in choke tubes) set at? He claimed that it was a full choke since he used it for goose hunting. We never recommend anything regarding firearms unless the customer is very specific in a request or I can visually inspect the firearm for which they want to buy ammo, scope mounts, scope rings, etc..

    Here is where you may have a few problems sir. First you should have your shotgun inspected by a professional gunsmith. Second, a constricted full choke creates a potentially dangerous situation when firing 00Buck no matter how new a shotgun may be. when firing, the muzzle may splinter or the barrel may bulge by being over pressured. At that point his wife jumped in and loudly said, “That would be ironic, here we’re trying to protect ourselves and we could end up being the ones getting hurt.” In this situation something I often do is suggest they get a second opinion. There are two others who work in my area with much greater knowledge in firearms than I so I will call for one on the 2-way when the need arises. Roger came over and confirmed my advice. We then set the gent and his wife up with a box of #4 lead shot. It’s not 00Buck but #4 should get the job done. Larger lead shot for wing shooting such as #4 is always hard to find but we had a few boxes.

    This couple is no different than many of the customers who have come in lately. They are either first time buyers or aged owners who put away their firearms long ago for whatever reason and now want to have them back in good working condition. These folks are taking what they believe could be their final chance to possess personal firearm protection legally.
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    Posted in Big Government, Law Enforcement, RKBA | 13 Comments »

    The 2nd Prohibitionists vs Reality – When Gun Control Politics Meets The Free Market

    Posted by Trent Telenko on 18th January 2013 (All posts by )

    We are swiftly coming up on another “mugged by reality moment” regards firearms similar to the one that was created with the Clinton era gun magazine ban.

    Few remember today that the “next big thing” in civilian pistol market in the early 1990’s was how many bullets a pistol magazine could handle. Post Clinton magazine ban, the civilian shooter market wanted the _smallest_ semi-automatic pistol that could hold 10-rounds. And the gun manufacturers responded to the market demand with a host of pistol makes and models that effectively replaced the “.38 Special” as the little hide out gun of choice. Now police across America are under greater threat, from much wider base of stolen, small, concealable, semi-autos in criminal hands, than they ever were prior to the Clinton magazine ban.

    We are again in much the same situation with the Obama gun control executive orders.

    See this July 28, 2012 Forbes piece titled “The End of Gun Control?” on the arrival of metal material vat 3-D printers that are capable of making functional AR-15 receivers. Now consider the implications of the much more widely installed base of plastic material vat 3-D printers for making _gun magazines_. In a few months we are going to see lots of designs for plastic gun magazines, of many sorts, with maybe a spring and a cheap stamped metal lip to fit available firearms. People will soon be selling spring and lip kits for 3-D printed plastic magazines at gun shows and “off the books” person to person gun trading networks. Hell, manufacturers will be redesigning guns to more effectively use 3-D printed magazines before the year is out.

    In the end we will have a much larger base of high capacity magazines in this country, because the price of them is about to drop an order of magnitude, all thanks to Obama’s E.O. Regulations creating a market opportunity for a disruptive technology.

    All of this is easily foreseeable and the people about to cause this turn of events just don’t care. This is not about the safety of ordinary people. The answer to the violent mentally unstable is to identify them by their pattern of behavior and involuntarily drug them to non-violence.

    The fact that gun control is on the table as “The Solution” is because the people in favor of it, these “2nd Prohibitionists”, would rather have the power to oppress ordinary people than the authority to medicate the violent mentally unstable. They get more ego boo from oppressing ordinary people — just like the original Alcohol Prohibitionists — with the added bonus of leaving the violent mentally ill on the streets to give them the chance to go there again and again.

    Posted in Americas, Civil Liberties, Entrepreneurship, Human Behavior, Law, Law Enforcement, Politics, Uncategorized, USA | 10 Comments »

    Caput lupinum

    Posted by Sgt. Mom on 27th December 2012 (All posts by )

    Cynic that I am, I am deriving a great deal of amusement from some of the media-political-general public storms whipped up in the wake of the horribly tragic Newtown shootings, and the deaths of two firefighters in an ambush set by an ex-convict in upstate New York. As if the shootings weren’t horrible and tragic enough in themselves, now we get to enjoy the reflexive Kabuki dance of ‘we must ban those horrid gun-things!’ being played out – especially since some of the very loudest voices in this chorus are politicians and celebrities who live with a very high degree of security at their workplaces and homes, and whose children attend rather well-protected schools. Such choruses appear to be completely oblivious to the fact that for many of the ordinary rest of us, poor and middle-class alike, the forces of law and order are not johnny-on-the-spot in the event of an attempted robbery, rape, break-in or home invasion. To rely on the oft-used cliché, when moments count, the police are minutes away. In the case of rural areas in the thinly-populated flyover states law enforcement aid and assistance might be closer to being hours away.
    Read the rest of this entry »

    Posted in Americas, Civil Liberties, Civil Society, Crime and Punishment, Just Unbelievable, Law Enforcement, Leftism, Media, RKBA, Urban Issues, USA | 60 Comments »