Audio Proof that TSA Thinks They're Above the Fifth Amendment

Via Fox News, the TSA in Missouri detained, harassed, and almost arrested Steve Bierfeldt, because he was carrying some cash from merchandise sales for a political organization:


Even though I’m not a lawyer, here are a couple thoughts, off the top of my head, based on my research:  read more »

Secret Government Torture Memos Show the Dangers of Power

Nine secret, Bush-era documents that the Obama administration released this week demonstrate the hubris of a powerful government and the danger posed by it.

Some of these documents are among the dozens of memos that the ACLU has been suing the Department of Justice to release. To echo Glenn Greenwald from last year: “Yet again, the ACLU has performed the function which Congress and the media are intended to perform but do not.”

One of the legal opinions, written in October 2001 by John Yoo, a lawyer with the Office of Legal Counsel, one who needs a Conscience, argued that the Fourth Amendment does not apply to military activities inside the United States. That is, the federal government thought it could get away with illegal searches and seizures and spying on innocent U.S. citizens, all without a warrant, as long as it could make it look like part of a military operation.

Yoo also advised that “First Amendment speech and press rights may also be subordinated to the overriding need to wage war,” without saying specifically how that might play out, adding that the fight against “terrorism may require even broader exercises of federal power domestically.”  read more »

Why Bother Burning Books When You Can Just Throw Them Out?

Fortunately, this item is to be filed under the category of incompetence, and not under malice. Unfortunately, in the end, the result is the same either way. Under a new law, which just went into effect, boxes upon boxes full of classic children’s books have been and are being thrown in the dumpster, literally, because that’s now federal law. When you elect idiots to Congress— But I repeat myself.

Since 1985, it’s been illegal to manufacture children’s books using lead paint. Before then, it was common to use lead in some pigments used to color illustrations. But now, in Congress’s immutable wisdom, the new Consumer Product Safety Improvement Act (CPSIA) makes it illegal to resell old children’s books from that time period.

Why is this stupid? Because even these old books pose no observable risk to children. Walter Olson explains on the City Journal website:  read more »

Guantánamo: Still Waiting to Hear That Things Have Actually Changed

While the Obama-administration DOJ’s right hand is investigating whether Bush torture-memo authors should be disciplined, its left hand is still upholding the very same torture policies.

The impression I get is what I expected to see: even though the administration has changed, the government is still being filled with the same paranoid babble that characterized the Bush administration, and the doofuses are afraid to dismiss it too quickly. Or rather, in a word: politics.

Yes, President Obama ordered that military commission proceedings be stopped, but the government is still pursuing a last-minute effort by the Bush administration to deny Jawad his right to challenge his imprisonment in a court of law.  read more »

Anti-drug Propaganda Considered Harmful? No duh!

The Marijuana Policy Project reports on a study examining what happens when we over-inflate the risks of using drugs. The study, recently published in the journal Psychology of Addictive Behaviors, notes that when the kids finally learn the truth, “intentions to engage in threatened behavior may be amplified.”

Of course, this is old news, or at least it should be. Telling someone not to do something just makes them want to do it more, and then lying to them about the dangers just encourages them to ignore you. No kidding? Maybe next we can commission a study to prove that water is wet.  read more »

America's Conscience, Lost and Found

A selection of news stories from the previous week. (Follow the links embedded in the following summaries to read more detailed news stories about each case.)

Lost: Thanks to Radley Balko’s dogged investigations, we now have the video evidence that shows Steven Hayne and Michael West falsifying evidence in Jimmie Duncan’s case, video that prosecutors originally refused to turn over to Duncan’s lawyers, video that the trial judge had inexplicably ruled contained “no exculpatory evidence favorable to the defendant.” There’s no telling how many innocent people have been harmed by Hayne and West, because even though the Missippi government has downgraded their trust in the alleged perjurers, officials still refuse to acknowledge there may have been a serious problem and refuse to review the many cases the duo worked on. Hayne in fact is still giving testimony in Missippi courts. (See also Rogier van Bakel’s post on the case and Radley Balko’s update.)  read more »

Late-breaking Government Opinion on Polygraph Privacy

Via AntiPolygraph.org News: Just before the dawn of President-elect Obama’s reign, Principal Deputy Assistant Attorney General Steven G. Bradbury has issued a late legal opinion contradicting an anti-polygraph memorandum from President Lyndon B. Johnson. Yes, you read that right: LBJ.  read more »

The Power of the Child Warden to Destroy Families

The Orwellian term is “Child Protective Services,” or something similar. After all, who could possibly be against protecting children? Or “service”? But as it frequently is with government agencies, maybe a different term would be more accurate. Maybe: “Child Paternalism Services.”

Stephen. C. Smith describes what happens after the Maine DHHS serves you with a “substantiation” notice:  read more »

New Massachusetts Pot Law Has Cops in a Tizzy

Last November, in Massachusetts, the ballot asked voters whether to change the state’s marijuana laws. Under the new law, anyone caught with an ounce or less of pot, instead of being arrested and charged with a crime, would simply get a $100 ticket. According to the official election returns, 63% of the voters thought this was a good idea. (Only 33% disapproved, with 4% abstaining.) This made Massachusetts the 12’th state to enact such a law, and this month, Question 2, the new marijuana law, went into effect. Already, police and drug prohibitionists are complaining about it.

Personally, I’m all for Question 2. Marijuana has never killed a single user, being one of the safest drugs ever discovered, much safer than alcohol. And in general, drug prohibition is a farce; alcohol prohibition was a farce in the 1920’s, and marijuana prohibition works no better. It is a policy born of fear, not of reason, and like all such laws, it wastes resources and creates crime, rather than making us safer. According to a 2008 report by Harvard economist Jeffrey Miron, Question 2 will save Massachusetts taxpayers approximately $29.5 million a year in law-enforcement costs alone. On top of all that, our nation’s drug laws are cruel and out of proportion, landing some non-violent drug offenders with longer prison sentences than violent crimes like assault and rape. Let me put it this way: I think cops should be chasing down rapists and murderers, not shaking down pot smokers.

Question 2 not only has a large majority of voters on its side, it also has informed reasoning behind it. This rare conjunction of popular opinion and sound thought should be applauded, not disparaged. But if you thought drug prohibitionists would simply take the informed will of the voters lying down, think again.  read more »

The Modern Threat to Our Human Rights

From Rediff.com: “Pakistan frees terrorists due to lack of evidence.” This article describes a crime report that explored how the Pakistani police have been unable to build a case against “a large number” of “dreaded terrorists” from Al-Qaeda and other organizations. Because they didn’t have evidence against them, they had to let them go.

The article goes on to relay that “most of them have vanished into thin air soon after their release and were probably planning or participating in more attacks… [A]s many as ’121 high-profile terrorists were released between 2002 and 2007. In each case, the prosecution’s case was not strong enough.’”  read more »


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