May 24, 2013

Dzhokhar Tsarnaev had right to remain silent only after he confessed

TAMPA, April 24, 2013 – Civil libertarians seemed to have cause for relief on Monday as reports were released that Boston Marathon bombing suspect Dzhokhar Tsarnaev had been formally charged with the crime, given a Miranda warning and assigned counsel.

Some prominent officials, including U.S. Senator Lindsey Graham, had called for Tsarnaev to be treated as an enemy combatant. The Obama administration indicated that it would prosecute the U.S. citizen in civilian court, but would invoke the public safety exception to the Fifth Amendment in questioning Tsarnaev before reading him his rights.

It appeared that justice had prevailed. Major news outlets reported that a bedside hearing had taken place, presided over by a judge, with counsel for the defense present. A transcript of the hearing is available online or in pdf above.

The bedrock legal principles that make America the “land of the free” had been preserved. Tsarnaev would be presumed innocent until proven guilty. He would have the benefit of counsel to challenge the government’s case against him, examine the evidence and cross examine any witnesses.

He would not be subject to punishment until he had been proven guilty in an adversarial proceeding, rather than merely accused.

There was only one problem. We now know that Tsarnaev had already confessed to the crime.

So, Tsarnaev had the right to remain silent only after there was no longer any reason to remain silent. That defeats the whole purpose of the Fifth Amendment. One of the reasons it was established was the routine use of torture in obtaining confessions in the Middle Ages.

So, how did federal authorities obtain Tsarnaev’s confession? Was he tortured? All we know is he was alone with federal authorities and helpless in his hospital bed.

Read the rest of the article at Communties@ Washington Times…

How do we know Dzhokhar Tsarnaev is a witch?

TAMPA, April 22, 2013 – Predictably, neoconservative politicians have already called for Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an enemy combatant, meaning that he would not enjoy the constitutional protections afforded criminal defendants in civilian courts. Pundits and blog commenters have echoed the sentiment that “terrorists don’t deserve due process” or other constitutional protections. According to this argument, they forfeited them when they decided to wage war against Americans.

This begs an obvious question. How do we know Dzhokhar Tsarnaev committed the crime and therefore doesn’t deserve due process, when due process is the means by which we make that determination?

Neoconservative logic isn’t much better than Sir Bedevere’s in the witch scenein Monty Python and the Holy Grail. Sadly, many Americans are acting every bit the mob depicted in that satire.

Read the rest of the article at Liberty Pulse…

The Bill of Rights was written for Dzhokar Tsarnaev

TAMPA, April 20, 2013 – 19-year-old Boston Marathon bombing suspect Dzhokar Tsarnaev is in custody. Assuming that Tsarnaev is indeed guilty of these crimes, a very real threat to public safety has been taken off the streets. That’s the good news.

The bad news is that the Tsarnaev brothers have taken the last vestiges of a free society in America down with them.

The Bill of Rights was already on life support before this tragedy. Before the dust settled after 9/11, the 4th Amendment had been nullified by the Patriot Act. The 5th and 6th Amendments were similarly abolished with the Military Commission Act of 2006 and the 2012 NDAA resolution, which contained a clause allowing the president to arrest and indefinitely detain American citizens on American soil without due process of law.

Americans had already grown accustomed to having their persons and papers searched at the airport without probable cause and without a warrant supported by oath or affirmation. After a brief, politically-motivated backlash against the Bush Administration, Americans similarly resigned themselves to the government tapping their phones, reading their e-mails and generally spying on them wherever they went. Things were already very, very bad.

They just got a lot worse.

Not only did the militarized domestic law enforcement complex put the City of Boston under martial law, but nobody seems to have found it out of the ordinary, much less outrageous. Yes, a few journalists like libertarian Anthony Gregory raised a finger. But, for the most part, nobody seemed to mind that the entire city was under military siege, complete with paramilitary units in full battle gear, battlefield ordinance and tanks. Tanks!

Read the rest of the article at Communities@ Washington Times…

Questions remain after Rand Paul’s filibuster

TAMPA, March 10, 2013 – First, the good news. Kentucky Senator Rand Paul squared off in a 13-hour game of chicken with the White House on Wednesday. At stake was the bedrock American principle that no one will be deprived of life, liberty or property without due process of law. Early Thursday morning, the White House blinked.

“It has come to my attention that you have now asked an additional question: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no. Sincerely, Eric H. Holder, Jr.”

It took “a month and a half and a root canal” to get that carefully worded answer, according to Senator Paul, and even then some obvious questions remained.

Does the president have the authority to use manned aircraft to kill an American not engaged in combat on American soil? How about a rifle? A bow and arrow?

Perhaps due to the popular support for Paul’s filibuster, White House Press Secretary Jay Carney attempted to clean up Holder’s overqualified answer.

Read the rest of the article at Liberty Pulse…

Rand Paul filibuster: The libertarians are coming!

TAMPA, March 8, 2013 – If there was any question whether Senator Rand Paul could move beyond the “gadfly” role his father had played for over thirty years in the U.S. Congress, there is no more.

Rand Paul has arrived as a political force to be reckoned with.His filibuster of President Obama’s nomination of John Brennan as CIA Director had establishment leaders from both sides of the aisle scrambling to jump on the bandwagon before it left wheel marks on their chests. Marco Rubio showed up to support him.

Rush Limbaugh called him a hero. So did Van Jones, albeit reluctantly.

Attorney General Eric Holder said “uncle.”

Paul’s filibuster was a complete success from every perspective. He achieved his goal of shifting the focus away from Brennan personally and onto the larger question of executive power, specifically the power to kill an American citizen without due process. He timed his gesture and articulated his argument in such a way that no one dared oppose it.

Paul’s argument against the use of drones against Americans is a purely libertarian one, because the 4th, 5th and 6th Amendments are rooted in the libertarian principle of non-aggression. Those Amendments are there to see that the government does not initiate force against the innocent.

All of which is ironic because Paul does not even self-identify as a libertarian.

When asked directly about it, he said that he considers himself a “constitutional conservative.” He has raised the ire of his father’s libertarian followers on more than one occasion, particularly his endorsement of Mitt Romney and his votes for sanctions on Iran.

Read the rest of the article at Communities@ Washington Times…

Chris Dorner: A real life Frankenstein monster

TAMPA, February 13, 2013 – “Are you to be happy, while I grovel in the intensity of my wretchedness? You can blast my other passions; but revenge remains, – revenge, henceforth dearer than light or food! I may die; but first you, my tyrant and tormentor, shall curse the sun that gazes on your misery. Beware; for I am fearless, and therefore powerful. I will watch with the willingness of a snake, that I may sting with its venom. Man, you shall repent of the injuries you inflict.”

While far more eloquent, one cannot help but see the parallels between the declaration of war upon Victor Frankenstein by the monster he created and Chris Dorner’s erratic “manifesto.” Dorner’s entire story parallels Mary Shelley’s classic, with tragic results and ominous foreboding.

Like the monster, Dorner was “created” by the military-police complex. They may not have endowed him with life, but they made him into the trained killing machine that was both willing and able wage war upon them. Dorner felt wronged by his creator and swore to avenge himself, willing to exact that revenge both upon those he had self-pronounced “guilty” and upon innocents whose suffering or death would cause the guilty pain. Like Shelley’s demon, Dorner’s life ended in fiery death (more like the movie than the novel).

Shelley’s characters are more sympathetic than those of Dorner’s tragic story. The monster suffers years of real torment before resorting to the murder of Frankenstein’s loved ones, including his brother, an innocent child, and his young wife. The reader still doesn’t condone the murders, but at least sympathizes somewhat with the murderer. Not so with Dorner. Although some or all of his accusations against the LAPD may have been true, it is impossible to either understand or condone his disproportionate response.

The government falls short of Shelley’s title character as well. Unlike the targeted members of the LAPD, Victor Frankenstein does not cower in his house under paramilitary protection. He hunts the monster he created alone, unafraid to confront him, without endangering innocent bystanders. He also understands and admits that he was wrong to create the monster in the first place. In contrast, the military-police complex shot three innocent people in its panicky response and will likely push to be even more dangerously armed and empowered as a result of this tragedy.


READ MORE: The cops are a dangerous replacement for private gun ownership 


If the parallel to Shelley’s story stopped with the LAPD or even the law enforcement community in general, it would not be so ominous. But this little morality play is not simply a warning to law enforcement to “be careful who you train and what you train them to do.” It is a metaphor for our entire society.

As Anthony Gregory reminds us, “We are all Branch Davidians Now.” We are all subject to being monitored and hunted by drones, searched without warrant, kidnapped and detained without appeal to a judge for a writ of habeas corpus, and even summarily executed without a guilty verdict or even a jury trial. As Emma Hernandez and Margie Carranza can tell you, we may not even be the subject of the monster’s wrath but still be destroyed by its fury.

Read the rest of the article at Communities@ Washington Times…

The cops are a dangerous replacement for private gun ownership

TAMPA, February 11, 2013 – It would be the hilarious stuff of satire or black comedy if it were fiction, but it involves real people and it’s tragic.

Police officers in pursuit of one of their own gone bad shot 71-year-old Emma Hernandez in the back after opening fire on her newspaper delivery truck. Hernandez’s daughter, 47-year-old Margie Carranza, sustained a hand injury. Police apparently mistook Hernandez’s blue Toyota Tacoma for murder suspect Christopher Dorner’s dark-gray Nissan Titan. The two women were not warned or ordered to stop before the shooting.

“No command, no instruction, no warning. They just opened fire on them,” said Glen Jonas, who is representing Emma Hernandez, 71, and Margie Carranza, 47, in possible legal action against the Los Angeles Police Department.

These are the “public servants” that we are supposed to rely on to defend us against violent crime after we surrender our natural right to keep and bear arms. That obviously begs the question, “Who is going to protect us from the public servants?”

These are by no means the only circumstances in which you have good reason to fear the police.

In the fantasyland inhabited by gun control advocates, the use of firearms is delegated to police, who somehow defend innocent victims against violent criminals even in absentia. The victim need only dial 911 and the police will “respond within minutes.”

This is so preposterous that the effort shouldn’t be necessary, but let’s walk through the thought experiment nonetheless. Three criminals break into your home. They may be armed with guns, knives, or just superior strength and numbers. You have no firearms, so you dial 911.

Assuming that your attackers stand motionless for the “minutes” it takes the police to get there, they are thwarted just before killing or maiming you by police who burst through the door and dispatch them with pinpoint accuracy, perhaps even shooting a perpetrator who is holding a gun to your head. Those not killed by the police drop their weapons and surrender. You live happily ever after.

That might play well on a movie screen, but out here in the real world, exactly the opposite will likely occur.

First, even if the cops “respond within minutes,” it’s too late. They responded within minutes at Sandy Hook. They responded within minutes in Aurora, Colorado. Ten minutes is too long. Two minutes is too long. If you are unarmed, two minutes after you are attacked by a violent criminal, you’re dead.

Do the math.

If the cops do arrive at your home or place where you are attacked before you’ve been killed, your problems might just be beginning. As Will Grigg reminds us, the first priority for police responding to a 911 call is “officer safety.” More often than not, the officer attempts to secure his or her own safety at the expense of yours.

Charlie Mitchener learned this the hard way when he called 911 to report a break-in at his office. When the police officer arrived on the scene, Mr. Mitchener dutifully informed her that he had a firearms permit and was carrying a firearm. The officer responded by handcuffing and disarming him, to make certain “we were all safe.”

Read the rest of the article at Communities@ Washington Times…

Disarm the police, not the citizens

TAMPA, February 7, 2013 ― First, the good news. The five-year-old boy kidnapped by a deranged man in Alabama has been rescued unharmed. He is with his family and reportedly “seems to be acting normally.”

The bad news is that some media seem to be using this incident to justify the ongoing militarization of domestic police forces.

“Military tactics, equipment helped authorities end Alabama hostage standoff,” reads today’s Fox News headline. The article describes how law enforcement responded to the hostage situation with what has become the new normal in the former land of the free. They mobilized paramilitary forces to deal with the situation just as an occupying army would deal with “counterinsurgency.”

According to the article, “In many ways, the scene resembled more of a wartime situation than a domestic crime scene as civilian law enforcement relied heavily on military tactics and equipment to end the six-day ordeal.”

Yes, every response by law enforcement seems to resemble a wartime situation these days, something one would think that Americans would be concerned about. Yet, for a nation that was born with a suspicion of standing armies and that wouldn’t tolerate the existence of one during peacetime, virtually no one objects to the increasingly aggressive tactics of local, state and federal police, often acting jointly to address routine local crimes.

One can already imagine the response by apologists for the all-powerful state. “If that’s what it takes to keep our children safe, then it’s worth it.”

It’s hard not to assume that the author of the article intends for the reader to draw that preposterous inference. It supposes a cause and effect relationship between the militarization of domestic police and the rescue of the child that does not exist.

Read the rest of the article at Communities@ Washington Times…

Support for Kill List and NDAA make Obama and Romney unfit for office

TAMPA, November 2, 2012 – It wasn’t so long ago that the following statement could only appear in a dystopian novel or movie script:

The U.S. President has killed an American citizen without due process, without even charging him with a crime. His decision to do this has been challenged by members of neither party.

While the media-fueled frenzy goes on about how supposedly different Romney and the conservatives are from Obama and the liberals, no one even raises an eyebrow about this terrifying political development.

Not even the left, which quite correctly howled at passage of the Patriot Act and the Bush administrations’ other assaults on freedom.

Bush and the Republicans committed egregious crimes against liberty, but did not go near this far in violating the even more important right to life.

The president makes a mockery of the term “due process” by claiming that the requirement is fulfilled by a panel of his own self-appointed czars and cronies reviewing the case. This doesn’t even pass the constitutional test. The panel is exclusively comprised of members of the executive branch of government. Judicial power is explicitly denied to the executive by the plain words of the constitution.

At any previous time in American history, a summary execution by the executive without due process would have been considered cold blooded murder and an act of tyranny. Yet, it has happened in the light of day and neither the political class nor the citizenry has batted an eye.

If even this does not rouse American citizens to stand up to their government, to what would they conceivably say “no?”

Continue at Communities@ Washington Times…

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Rick Santorum is Unelectable

Since the beginning of the Republican Presidential Primary race, we have heard that Ron Paul is unelectable. While many conservatives like some of Paul’s ideas on domestic policy, his non-interventionist foreign policy is supposedly a deal-breaker. Even in articles praising Paul on particular issues, reporters have without exception felt compelled to remind us that there is absolutely no chance that Ron Paul will win the Republican nomination for president.  This “unelectable” label has been used exclusively against Paul.

With only four candidates left in the race, the lead has changed hands several times. The current leader is Rick Santorum, fresh off primary wins in Minnesota, Colorado, and Missouri. Since those victories, the media have been trumpeting Santorum as the new frontrunner while completely ignoring the proverbial elephant in the room – Rick Santorum is unelectable.

With a plethora of debates behind us, we have had a chance to get to know the Republican candidates pretty well. All of the Republican candidates except for Ron Paul support some sort of federal government prohibition on gay marriage. Paul actually wants to get even the state governments out of the marriage business, taking the libertarian position that marriage is just a contract like any other. This has visibly upset Santorum, who not only opposes gay marriage but seems completely obsessed with homosexuality in general. Let’s be honest, who doesn’t believe, deep down, that Santorum wouldn’t support making homosexuality illegal again if he thought he could get away with it?

Most Republican voters put the federal budget at or near the top of their priority list as far as their political positions are concerned. Not Rick Santorum. The issues page on his website has the budget thirteenth on the page. What is the number one issue? “Enforcing Laws Against Illegal Pornography,” which Rick says “causes profound brain changes in both children and adults, resulting in widespread negative consequences.” Queue the eerie music because we’re just getting started. Update: Since this article was published, Santorum’s staff has changed the order of the issues on his issue page. He has moved “Enforcing Laws Against Illegal Pornography” to last on the page, moving the federal budget up to 12th by default. Gay marriage now comes in at Number Two.

Number two on his list is “No More Leading from Behind for America,” which is basically the standard Republican Party line that the U.S. military should be deployed in just about every nation on earth. I happen to think that is crazy, but most Republicans don’t. However, number three on the list is gay marriage. So, out of the top three issues listed on his page, pornography and homosexuality are two of them.

To say that Rick is “a little uptight” is a gross understatement. Santorum has stated unequivocally that he believes that the federal government can and should regulate the bedroom. In fact, he has also said that there is no area of life that is beyond the government’s reach. Outside of the few states where evangelicals can allow him to get away with these positions, he simply cannot win. Voters in the more moderate states like New York and California – which control the bulk of the delegates – will find these ideas repugnant.

The media has often supported the “Ron Paul is unelectable” narrative by criticizing his supporters. I’m not sure what the beliefs of some of his supporters have to do with Paul’s fitness for the presidency, but the punditry believes it is a valid line of inquiry.

So, some of Ron Paul’s supporters believe in elaborate conspiracy theories. The most prevalent revolves around quasi-secret organizations like the Bilderbergs and the Trilateral Commission. The theory is that very wealthy families like the Rothschilds and the Rockefellers use these organizations to further a plot to establish a world government. Some people think this theory is “a little kooky.” Not all or even most Paul supporters hold these views, but let’s say that a significant minority do.

Now, let’s consider the views of a significant minority of the evangelicals that support Rick Santorum. They are fierce supporters of the U.S. government’s wars in the Middle East because they believe that if Jewish people do not control the city of Jerusalem, then…wait for it…Jesus will not return to earth during the “end time,” which they also believe will occur any minute now. They are willing to elect leaders who will take America to war based upon this belief, which ranks up there with the “precious bodily fluids” theory from Dr. Strangelove.

I’m not even 100% sure that Santorum doesn’t believe this himself. Someone should ask him. Certainly, there have been much sillier questions put to candidates during the debates. I for one would like to at least get this crossed off the long list of idiotic theories that inform the president.

Regardless of Santorum’s answer to that question, which it is only fair to assume would be “no,” his other positions still nullify any chance of him becoming president. From all reports, Santorum is a decent person and a good father, and there is certainly nothing wrong with having strong religious convictions. However, the vast majority of Americans do not believe that those convictions should be imposed upon other people with the force of law. Rick Santorum does. That alone makes it obvious that Rick Santorum is never going to be president. So why hasn’t the media proclaimed him unelectable as they have Ron Paul?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.