Crime and Punishment

History Friday: The Great Adventure of Captain McNelly

by

(I’m off to a book event today – the Christmas Market, or Weihnachtsmarkt, at the conference center in New Braunfels, for the launch of The Quivera Trail. In the mean time, another thrilling frontier adventure. The details and the quotes are taken from Walter Prescott Webb’s history of the Rangers, which is so powerfully testosterone-laden that I have to keep it sectioned between a couple of … milder-themed books which have a sedating effect.)

After the debacle of the Civil War, the Texas Rangers barely existed as an entity either in Indian-fighting, or law-enforcing. The Federal government would not countenance the organization of armed bodies of volunteers for any purpose. Combating Indians or cross-border bandits was the business of the regular Army; interested semi-amateurs need not apply. But a Reconstruction-Republican governor, E. J. Davis, did institute a state police force in 1870, the existence of which was lauded as necessary for the preservation of law and order such as it was. The state police under Davis was relatively short-lived and unadorned by laurels during its brief term, being dissolved at the end of his administration but one of their officers had such a sterling reputation that when the Texas Rangers were formally reorganized, he was charged with heading one of the two divisions. One was the Frontier Battalion, dedicated to the Ranger’s traditional mission of fighting hostile Indians. The other the Special Force was charged with generally upholding law and order, shortly to become the Ranger’s modern raison d’être. Leander Harvey McNelly served for only a brief time in the interim of the change from Indian fighting to upholding law and order but his leadership inspired many of those Rangers who took note of his personal example to heart.

Read more

The End of Camelot

by

So coming up on another one of those Very Significant Anniversaries, I see being reminded by the perfect flood of stories reflecting back on Jack and Jackie and that fateful swing through Texas in 1963. My fifty years, a whole half-century … yes, it’s time again to go back to those heartbreaking days of yesteryear and recall the blighted promise, the towering intellectual and romantic splendor of the Kennedy White House, the space race to the moon, Jackie’s unerring sense of style and taste … also little things like Bay of Pigs, the Cuban Missile Crisis, eyeball to eyeball with the Soviets, immanent thermonuclear war, speedball injections from Dr. Feelgood, and the Kennedy men porking anything female who was unwary enough to stand still for a moment. Why, yes I was never really a Kennedy fan, per se. Nor were my family, since Mom and Dad were your basic steady Eisenhower Republicans, and maintained a faint and Puritan distrust of anything smacking of glamor, or media-generated BS. Which they were correct in, as it eventually emerged in small discrete dribbles and decades later, that practically everything about the Kennedys was fake, except for Jackie’s taste in fashion and interior decoration.

Read more

Six Hundred Million Years in K-12

by

(This rerun is in honor of the beginning of the new school year…indeed, many kids have now already been in school for 3 weeks or even more.)

Peter Orszag, who was Obama’s budget director and is now a vice chairman at Citigroup, thinks it would be a good idea to cut back on summer school vacations for kids, arguing that this would both improve academics and reduce obesity.

I’m with  Jeremy Lott:  But to look at the vast wasteland that is American public education — the poor teaching, the awful curriculum, the low standards, the anemic achievement, the institutional resistance to needed reform — and say that the real problem is summer vacation takes a special sort of mind.

I wrote about the war on summer vacation back in 2006, after stopping at a store in Georgia on the first day of August and discovering that this was the first day of school for the local children. In  this post, I said:

The truth is, most public K-12 schools make very poor use of the time of their students. They waste huge proportions of the millions of hours which have been entrusted to themwaste them through the mindless implementation of fads and theories, waste them through inappropriate teacher-credentialing processes, waste them through refusal to maintain high standards of performance and behavior.

When an organization or institution proves itself to be a poor steward of the resources that have been entrusted to it, the right answer is not to give it more resources to waste.

Orszag and similar thinkers seem to have no concept that good things can happen to children’s development  outside of an institutional setting. Plenty of kids develop and pursue interests in science, literature, art, music…plus, there is plenty to be learned simply by interacting with friends in an unstructured environment.

Would the world be better off if Steve Wozniak and  Jeri Ellsworth..to name only two of many, many examples..had their noses held constantly to the school grindstone rather than having time to develop their interests in electronics?

Lewis E Lawes, who was warden of Sing Sing prison from 1915 to 1941, wrote an interesting book titled  Twenty Thousand Years in Sing Sing. The title refers to the aggregate lengths of the sentences of the men in the prison at a typical particular point in time.

Lawes:

Twenty-five hundred men saddled with an aggregate of twenty thousand years! Within such cycles worlds are born, die, and are reborn. That span has witnessed the evolution of the intelligence of mortal man. And we know that twenty thousand years have seen nations run their courses, perish, and give way to their successors. Twenty thousand years in my keeping. What will they evolve?

Following the same approach, the aggregate length of the terms to be spent in K-12 schools by their current students is more than 600,000,000 years. What proportion of this time is actually used productively?

And how many of the officials who supervise and run the public schools, and the ed-school professors who influence their policies, think about this 600,000,000 years in the same serious and reflective way that Lawes thought about the 20,000 years under his supervision? Some do, of course, but a disturbing percentage of them seem to be simply going through the bureaucratic motions.

And the politicians and officials of the Democratic Party are the last people in the world who are ever going to call them on it.

When Nixon Meets RICO, Obama’s Real IRS Problem

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 more

Heed the Voices

by

IRS Intimidation Forced Founder to Shut Down Tea Party Group.

Progressive Group: IRS Gave US Conservative Groups’ Confidential Documents.

IG report: ‘Inappropriate Criteria’ Stalled IRS Approvals of Conservative Groups.

During the 2012 election cycle the Internal Revenue Service did not act as an objective, nonpartisan arm of government subject to the rule of law.

Instead the Internal Revenue service acted as an arm of the Democrat Party, engaged in harassment, intimidation and opposition research for partisan political purposes.

The result of the most recent Presidential election, in the key state of Ohio, was impacted, possibly decisively, by this intentional, partisan, coordinated, unlawful activity.

Yet this entity, the Internal Revenue Service, will imprison you if you disobey it.

There are “voices that incessantly warn of government as nothing more than some separate, sinister entity … that tyranny is always lurking just around the corner.”

Heed the voices.