Civil Liberties

Quote of the Day

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Conrad Black:

Here are two current examples of [the failings of the legal system and of journalism]: Canadians don’t like Donald Trump, largely because his confident and sometimes boorish manner is un-Canadian. He is in some respects a caricature of the ugly American. But he has been relentlessly exposing the U.S. federal police (FBI) as having been politicized and virtually transformed into the dirty tricks division of the Democratic National Committee. Few now doubt that the former FBI director, James Comey, was fired for cause, and the current director, backed by the impartial inspector general and Office of Professional Responsibility, asserts that Comey’s deputy director, Andrew McCabe, was also fired for cause. There are shocking revelations of the Justice Department’s illegal use of the spurious Steele dossier, paid for by the Clinton campaign, and of dishonest conduct in the Clinton email investigation, the propagation of the nonsense that Trump had colluded with Russia, and of criminal indiscretions and lies in sworn testimony by Justice officials. It is an epochal shambles without the slightest precedent in American history (certainly not the Watergate piffle), yet our media slavishly cling to a faded story of possible impeachable offences by the president.
 
The American refusal to adhere to the Paris climate accord is routinely portrayed as anti-scientific heresy and possibly capitulation to corrupt oil interests. The world’s greatest polluters, China and India, did not promise to do anything in that accord; Europe uttered platitudes of unlimited elasticity, and Barack Obama, for reasons that may not be entirely creditable, attempted to commit the United States to reducing its carbon footprint by 26 per cent, at immense cost in jobs and money, when there is no proof that carbon has anything to do with climate and the United States under nine presidents of both parties has done more for the ecology of the world than any other country. Journalistic failure on this scale, and across most of what is newsworthy, added to an education system that is more of a Luddite day-care network, produces a steadily less informed public, who, while increasingly tyrannized by lawyers, elect less capable public office-holders.
 
Lenin famously wrote: “What is to be done?” We must ask ourselves the same question but come up with a better answer than he did.

 

Strange Comparison, Dangerous Conclusion

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About a week ago, the WSJ ran an article titled Mark Zuckerberg is No James Madison.  The article argues that a constitution is similar to a block of computer code—a valid point, although I would argue it is also true of legislation and contracts in general…both the code, and the constitution/law/contract must be sufficiently clear and unambiguous to be executable without reference to their originators.

Then the article goes on to say that ‘the Constitution understands human nature.  Facebook, dangerously at times does not.  In designing the Constitution, Madison managed to appeal to people’s better angels while at the same time calculating man’s capacity to harm and behave badly. Facebook’s designers, on the other hand, appear to have assumed the best about people. They apparently expected users to connect with friends only in benign ways. While the site features plenty of baby and puppy photos, it has also become a place where ISIS brags about beheadings and Russians peddling misinformation seek to undermine the institutions of a free society.’

The attempt to create a parallel between Zuckerberg and Madison is a strange one, IMO, given the completely different nature of the work the two men were doing. Madison was attempting to create a new model for a self-governing country, Zuckerberg was attempting to make money for himself and his investors, and maybe to provide a little fun and value for his users along the way.

What I find especially problematic is the ‘therefore’ that the author draws:

Facebook insists it is not a media company. Maybe so. But unless it takes on the responsibilities of an editor and publisher by verifying the identities of users, filtering content that runs on its platform, and addressing the incentives to post specious or inflammatory “facts,” Facebook should expect to be policed externally.

But is Facebook really a publisher, or it is it more of a printer?  If someone..Ben Franklin in the mid-1700s or some corporation today…is running a printing shop, running printing jobs for all who will pay, should he or it be held accountable for validating the truth of the material printed and verifying the identities of the customers?

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What Happened Last Weekend ?

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Last weekend, the Democrats in the Senate refused to vote for a Continuing Resolution to fund the US government.

Why ? Because they wanted a law to legalize the thousands of illegal aliens in a status called “DACA” or Deferred Action on Childhood Arrivals.

The Deferred Action for Childhood Arrivals (DACA) was an American immigration policy that allowed some individuals who entered the country as minors, and had either entered or remained in the country illegally, to receive a renewable two-year period of deferred action from deportation and to be eligible for a work permit.

Thus these illegal aliens were given the right to remain and to work in this country. Why ?

The policy was established by executive action rather than legislation; however, participating individuals were sometimes referred to as Dreamers after the DREAM Act bill, a bipartisan bill first proposed in 2001 that was the first of a number of subsequent bills in the U.S. House and Senate attempting to provide a pathway to citizenship or other legal status for certain undocumented residents who immigrated illegally as children and subsequently completed some college or military service.[2]

This is mostly a myth.

Victor Davis Hanson explains some of the mythology.

College graduation and military service are often referenced as DACA talking points. In truth, some studies suggest that just one in 20 dreamers graduated from college. One in a 1,000 has served in the military. So far, about eight times more Dreamers have not graduated from high school than have graduated from college.

I examine military applicants and am unaware of any “Dreamers.”

Then again, are the DACA people just 700,000 ? Or are they millions ?

To be eligible, illegal immigrants must have entered the United States before their 16th birthday and prior to June 2007, be currently in school, a high school graduate or be honorably discharged from the military, be under the age of 31 as of June 15, 2012, and not have been convicted of a felony, significant misdemeanor or three other misdemeanors, or otherwise pose a threat to national security. The program does not provide lawful status or a path to citizenship,[39] nor does it provide eligibility for federal welfare or student aid.

They are widely eligible for free college education or, at least, to be given resident status for tuition.

Many of these people entered as “Unaccompanied Minors. “

A significant number are teenaged gangsters like the MS 13 gangs in Maryland and Virginia.

Almost one-third of 214 U.S.-based MS-13 gang members arrested in an international sweep were invited into the United States by President Barack Obama’s “Unaccompanied Alien Children” policy.
The successful “Raging Bull’ sweep was announced by Immigration and Customs Enforcement (ICE) Deputy Director Tom Homan in a joint press conference at ICE headquarters in Washington, D.C. on Thursday.

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A Pretty Good Explanation of the “Russia did it” story.

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This is an article that was deleted from Huffington Post without explanation after a long time contributor submitted it.

Here is the Deep State at work.

A lesson of the 2016 campaign was that growing numbers of Americans are fed up with three decades of neoliberal policies that have fabulously enriched the top tier of Americans and debased a huge majority of the citizenry. The population has likewise grown tired of the elite’s senseless wars to expand their own interests, which these insiders try to conflate with the entire country’s interests.

America’s bipartisan rulers are threatened by popular discontent from both left and right. They were alarmed by the Bernie Sanders insurgency and by Donald Trump’s victory, even if Trump is now betraying the discontented masses who voted for him by advancing tax and health insurance plans designed to further crush them and benefit the wealthy.
‘
He is obviously not a Trump fan but his criticism of both sides sounds pretty accurate.

I’ve pitched numerous news stories critical of U.S. foreign policy to a major American newspaper that were rejected or changed in the editorial process. One example is the declassified Defense Intelligence Agency document of August 2012 that accurately predicted the rise of the Islamic State two years later.

The document, which I confirmed with a Pentagon spokesman, said the U.S. and its Turkish, European and Gulf Arab allies, were supporting the establishment of a Salafist principality in eastern Syria to put pressure on the Syrian government, but the document warned that this Salafist base could turn into an “Islamic State.”

But such a story would undermine the U.S. government’s “war on terrorism” narrative by revealing that the U.S.-backed strategy actually was risking the expansion of the jihadists’ foothold in Syria. The story was twice rejected by my editors and has received attention almost entirely — if not exclusively — on much-smaller independent news Web sites.

Again, he is a left winger but so was the guy who originally published the Deep State argument on Bill Moyer’s site.

The concerns may be distorted by the writer’s own bias but the reality is that we are all threatened.

Much of this spreading global hysteria and intensifying censorship traces back to Russia-gate. Yet, it remains remarkable that the corporate media has failed so far to prove any significant Russian interference in the U.S. election at all. Nor have the intelligence agencies, Congressional investigations and special prosecutor Robert Mueller. His criminal charges so far have been for financial crimes and lying to federal authorities on topics unrelated to any “collusion” between the Trump campaign and Russians to “hack” Democratic emails.

It’s a long article and marred a bit by the writer’s left wing bias but it is worth reading.

More Deep State News.

In an otherwise well-buried interview between former interim CIA Director Mike Morell, (the temp director following Petraeus ouster used during initial Benghazi cover), there’s an admission by Morell about the politicized Deep State Intelligence leadership targeting candidate Donald Trump.

What this interview tells CTH is that the Intelligence Community, writ large, is on the precipice of massive institutional change -perhaps high level firings of remaining mid level operators and management- and those who participated in the historic politicization are now attempting to shape an explanation.

The CIA was participating in Hillary’s campaign.

The Fastest-Growing Job Category of the Decade?

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In Robert Heinlein’s SF novel Revolt in 2100, American society fallen under the rule of a rigid theocracy.  The protagonist is introduced in the following passage…

It was cold on the rampart. I slapped my numbed hands together, then stopped hastily for fear of disturbing the Prophet. My post that night was just outside his personal apartments-a post that I had won by taking more than usual care to be neat and smart at guard mount . . . but I had no wish to call attention to myself now.

I was young then and not too bright-a legate fresh out of West Point, and a guardsman in the Angels of the Lord, the personal guard of the Prophet Incarnate. At birth my mother had consecrated me to the Church and at eighteen my Uncle Absolom, a senior lay censor, had prayed an appointment to the Military Academy for me from the Council of Elders.

Uncle Absolom:  a senior lay censor…In the real America in 2017, ‘censor’ is no longer a role restricted to the pages of science fiction novels or to a limited military activity in time of war, but is rather becoming a mainstream occupation, and a fast-growing one.

Facebook, for example, is hiring 3000 people to add to its existing 4500 on the team “reviewing posts with hate speech, crimes, and other harming posts.”  (The illiterate phrasing of the preceding sentence was evidently perpetrated by the professional journalists at TechCrunch, not by FB itself)  YouTube (owned by Google) also employs many people to review videos which are believed to be inappropriate or worse.  There are also programmers and system designers employed in creating and tuning software to facilitate the censorship function, and there are actually startups focused on this area.

It has often been observed that the number of college administrators is growing much faster than the numbers of college faculty.  A nontrivial number of these are engaged in what are basically censorship functions.  Even in business, the censorship of wrongspeech has become a major function of Human Resources and a consumer of management time.

There are also plenty of volunteer censors, eager to report people of whose speech they disapprove and get them fired or instigate mob action against them…for example, Lena Dunham, who sent the following Instagram message directed to airline travelers (and possibly flight crews as well)..

I’m at the airport. And I think people now know, when I’m at the airport, they have to f—ing watch out for me, because I hear and I see all.

There are multiple reasons for the censorship boom:  (1) With social media, communications that were once private are now semipublic and mediated by the social media company (2) Content that was once created and distributed by a relatively small number of media companies..who in effect conducted their own internal censorship process…is now created by a much larger number of individuals and distributed via social media, especially Twitter (3) Many of the previously-generally-accepted standards of behavior and speech have eroded (4) There appears to be growing hostility toward free speech, driven partly but not entirely by academic theorists  (5) There are a lot of people who are just plain sadists and bullies, and shutting other people down gives them pleasure.  Social media gives them new scope for this activity.

With regard to (1), the social media companies…especially FB…really do have a dilemma.  There is an obvious public interest in preventing the dissemination of terrorist propaganda and operational plans, and an obvious human interest in responding to desperate cries for help, as with the suicides that were pre-announced on Facebook.  And the semipublic nature of FB communications implies that individual and group posts can have an impact on FB’s brand, whereas phone conversations and emails would have no such impact on the brand of the carrier involved.  Meanwhile, the Leftist orientation of most of these companies, combined with Silicon Valley groupthink, does not tend toward policies that are particularly supportive of free speech.

With regard to (5), I am reminded of a passage in Goethe’s Faust….Gretchen, after finding that she is pregnant by Faust, is talking with her awful friend Lieschen, who (still unaware of Gretchen’s situation) is licking her chops about the prospect of humiliating another girl (Barbara) who has also become pregnant outside of marriage. Here’s Gretchen, reflecting on her own past complicity in such viciousness:

How readily I used to blame
Some poor young soul that came to shame!
Never found sharp enough words like pins
To stick into other people’s sins
Black as it seemed, I tarred it to boot
And never black enough to suit
Would cross myself, exclaim and preen
Now I myself am bared to sin!

There’s a lot of this…”sharp enough words like pins to stick in other people’s sins”, combined with the pleasure of preening…in the amateur censors of our day.  And the amateur censors often operate by activating the professional censors.

See also my post Freedom, the Village, and the Internet.