Law

The Normalization of Abusive Government

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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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The White Paper and its Critics

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Someone for reasons unknown last week leaked the classified Department of Justice “White Paper” on targeting with drone attacks the numerically tiny number of US citizens overseas who have joined al Qaida or affiliated groups. The leak set off an outburst of public debate, much of it ill-informed by people who did not bother to read the white paper and some of it intentionally misleading by those who had and, frankly, know better.

Generally, I’m a harsh critic of the Holder DOJ, but their white paper, though not without some minor flaws of reasoning and one point of policy, is – unlike some of the critics – solidly in compliance with the laws of war, broader questions of international law and the major SCOTUS decisions on war powers. It was a political error to classify this document in the first place rather than properly share it with the relevant Congressional committees conducting oversight

Here it is and I encourage you to read it for yourself:

Lawfulness of Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of al-Qa’ida

Much of this white paper debate has been over a legitimate policy dispute (“Is it a good idea if we use drones to kill AQ terrorists, including American ones?”) intentionally being mischaracterized by opponents of the policy (or the war) as a legal or constitutional question. It is not. The law is fairly settled as is the question if the conflict with AQ rises to a state of armed conflict, which SCOTUS dealt with as recently as Hamdi and for which there are ample precedents from previous wars and prior SCOTUS decisions to build upon. At best, framed as a legal dispute, the opponents of the drone policy would have a very long uphill climb with the Supreme Court. So why do it?

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History Friday: Bass Reeves and the Last of the Lawless West

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In the year of the Centennial of the United States, the last of the West left relatively unscathed by the forces of law and order was that part of present-day Oklahoma set aside as homeland for the native Indian tribes. This was a 70,000 square mile territory in which anything went … and usually did. Among what was called the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek and Seminole) there were native law enforcement officers, who upheld the law among their own. But they had no jurisdiction over interlopers of any color, or tribal members who committed crimes in company with or against an outsider, and the Territory was Liberty Hall and a refuge for every kind of horse thief, cattle rustler, bank and train robber, murderer and scalawag roaming the post-Civil War west. Just about every notorious career criminal at large for the remainder of the 19th century took refuge in the Oklahoma Territory at one time or another, including the James and Dalton gangs.

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

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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.

Prohibition: 16 Results

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When a law bans exchanges wanted by everyone directly involved a number of things happen:

1) The exchanges continue;

2) Prices of the banned items rise and wars to control turf begin;

3) New criminals are created, including many people who are ordinary good people (like colored margarine seekers);

4) New enforcement agencies and staff are created;

5) New jails are built and new jailers are trained;

6) Laws, lawyers and lawsuits proliferate;

7) A new branch of law and its practitioners prosper and support further extension and complexification of regulations;

8) A portion of the entire apparatus of enforcement and punishment is progressively corrupted;

9) New agencies and staff are created to discover, eliminate or suppress the corruption;

10) Many begin to support ever more drastic suppression and punishment;

11) A profitable subliminal partnership emerges unifying the interests of violators and enforcers as the profits from the illegal trade are negotiated and distributed among them;

12) The business engages all of the following: bad people buying and selling, good people buying and selling, police, judges, academics, enforcement trainers and suppliers, prison builders and suppliers, staff to support all of this, journalists to cover it, media organizations to sell the coverage;

13) Completely uninvolved people are caught in crossfires, including taxpayers;

14) The costs of controlling the new flourishing evil continue to grow seemingly without limit;

15) The vast network of beneficiaries of the law applaud and lobby for its continuation, vilifying all opposition;

16) Everyone gets more and more discouraged and inclined to hate all humanity. This list is probably too short.

However all of these bad things may be balanced by the fact that creative people are engaged in producing media based on the things that happen because of the prohibition, and by watching and reading we all learn delightful new things about how the world works. (channeling Voltaire).

It is not enough to simply ban exchanges that have consequences we don’t like. The costs of doing it should be compared with the costs of not doing it. Those costs usually dwarf the costs that would arise from unhindered transactions.