Archive for the ‘Poisoning Justice’ Category

Deserving of Execution

Wednesday, June 25th, 2008

Under the precept of justice that punishment is to be graduated and proportioned to the crime, informed by evolving standards, capital punishment must “be limited to those offenders who commit ‘a narrow category of the most serious crimes’ and whose extreme culpability makes them ‘the most deserving of execution.’ ”

So says the Supreme Court, represented in an opinion delivered by Justice Anthony Kennedy…a star chamber that, apparently, can no longer distinguish between a fact and an opinion.

I have some evolving standards too, and mine say, well, I don’t know what Misha has in mind exactly when he says

Fuck ‘em all. We’ll just have to “take care” of child rapists ourselves, then. They’ll be begging for some “cruel and unusual” lethal injection juice before we’re five minutes into their punishment.

…but I’m betting I like it a whole lot. Something that involves the smell of knife sharpening oil and burning flesh.

I used to have a co-worker who would brag about the messes he’d make at fast food establishments with rude customer service people. Like, if he asked for extra napkins and got nothing but a dumb look out of ’em…he’d do something like…hold the half drunk milkshake out at arms’ length, and let it plop on the floor. Know what he said to justify that? “I’m gonna get customer service outta you. One way, or the other.”

That applies here just fine, according to my “evolving standards.” When it comes to child rape, we’ll get justice…one way, or the other. Oh what’s that, this is anarchy? Something about refusing to live in a decent, civilised society? Don’t talk to me about it. Talk to the folks like Anthony Kennedy who systematically dismantled that civilised society. Civilization protects kids, or affords justice to kids who have been denied it. Justice…one way, or the other.

Not a threat — a prophecy. We’re going to have some child rapists accidentally shooting themselves from fifteen feet away before they can be taken into custody. Testicles first, breadbasket second, bridge-of-nose third. Whoopsie.

H/T to HotAir (via Rottweiler), who points to some fascinating news of a Rasmussen poll indicating — who’d a thunk it? — most of us think the Supremes have their own personal agendas.

Sixty-percent (60%) of voters believe Supreme Court Justices have their own political agendas, while just 23% believe they remain impartial, according to the latest Rasmussen Reports national telephone survey.

Those sentiments are similar along all party lines and among voters of varying ideological beliefs. More men (66%) than women (54%) believe Justices have their own political agendas. While 25% of women believe the justices to be impartial, only 20% of men agree.

Not Because He’s a Nice Guy

Wednesday, June 25th, 2008

Coming up sometime today — I have little doubt of this — is a protestation that “State Representative Fagan’s remarks were taken out of context.” Let’s go ahead and do our homework before we’re asked to do it this time, and consider the sad case of James Fagan of Massachusetts. I feel like this is where Rod Serling should glide into view and intone, “submitted for your approval…James…Fagan.”

Via Hot Air, via Ace, also via Constitutionally Right, via Jay, via Cas: This guy said some things that you wouldn’t expect to out of the Twilight Zone. Dee dee dah dah dee dee dah dah…

Let me tell you why it’s so wrong, It’s so wrong because in these situations…that 6-year-old is going to sit in front of me, or somebody far worse than me and I’m going to rip them apart. I’m going to make sure that the rest of their life is ruined. That when they’re 8 years old they throw up; when they’re 12 years old, they won’t sleep. When they’re 19 years old they’ll have nightmares and they’ll never have a relationship with anybody. And that’s not because I’m a nice guy. That’s because when you’re in court, and you’re defending somebody’s liberty, and you’re facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.

The point he’s trying to make, is the same one that’s been made by our liberals about “torture” inflicted by the United States at Guantanamo, and about the three-strikes in California. It’s a cute little way of playing at cause-and-effect thinking, by those who are all but complete strangers to cause-and-effect thinking.

It goes like this: If you have a twenty year automatic sentence for one conviction of child rape, and I’m a defense attorney and my client’s been accused of it, I will be playing “accuse the accuser” all the time with each case that comes up, because I’m going to be holding nothing back when it comes to keeping my client out of jail for two decades.

So you see, there’s just a scintilla of reasoned consideration of consequences in what he’s saying. Just enough to give the feeling that that’s being done. It would be funny, were the subject matter different.

If this were an honest argument, legislators like Fagan would be making the same one when it’s time to raise the minimum wage. I can hear it now. “If I’ve got twenty kids working for me and next week they’re going to be costing me an extra $400 a week, I’m gonna rip them apart!” When’s the last time you heard Fagan, or anyone from his party, saying anything like that.

But you see, that would be a far more reasonable implementation of this cause-and-effect method of debate. If I have twenty people working for me at $7 an hour — or if I’m just thinking of hiring that many — you have to assume that as a businessman, I’m going to instigate a change in my plans if & when that goes up to $8. It’s quite unavoidable.

Contrasted with that, Fagan’s argument only makes sense if he can say “life, for our child molestation victims, will remain relatively pleasant and carefree if we ritually allow our predators to take a walk after a token rap on the knuckles.” That’s the opposite side of the coin that is his argument, and I’m afraid it’s so patently absurd that nobody’s going to step up and even pretend to put their name by that. Quite to the contrary, Charles at Constitutionally Right puts the kibosh on that whole thing, adroitly and concisely:

While it is true that it is a defense attorney’s obligation to defend his or her client to the best of his of her ability, that is true in all cases. Mr. Fagan would have you believe that he would be harsher in his cross examination of the victim if his client is facing 20 years then if he was only facing 5 years. His illogical, and downright offens[iv]e argument is that by mandating a sentence of 20 years, the State legislature will be victimizing the child by forcing him and his peers to traumatize the little girl on the witness stand. In essence, he argues that the only way to prevent him from “ruining” her life, is by offering leniency to the child rapist in the hopes he does not attack another young girl.

The victims of these predators have already lost what they’re going to lose. Yes, it’s heartbreaking to even consider them being “torn apart” like that, and that does happen, but the reality is they didn’t make the situation. The prosecution didn’t make the situation, the legislators who would sign off on the law didn’t make the situation. The predator did, and he deserves to go away for a long time. The crime itself has lasting effects; the cross-examination, brutal as it may be, does not. It’s a sacrifice some families choose not to make, but that others do, to make sure others aren’t traumatized the same way.

Here’s another way to look at it: If we pass this law, and in another twenty years we have a whole generation of grown-ups who were raped and brutalized as little kids and then “torn apart” by the defense attorneys because of Jessica’s Law…will it make sense, at that time, to say “darn that Jessica’s law, all these people were forever psychologically damaged because they were torn apart on the witness stand by the defense attorneys“?

No, that would be a very silly thing to say. Fagan’s argument, therefore, is not only lacking in merit but wholly disingenuous as well. Quite to the contrary, finding ourselves up to our armpits in traumatized adults who were victimized as kids, we’d blame the perpetrators. And, if for some reason there was a sharp up-tick in persons known to have been so brutalized by then, we’d say “Thank God for Jessica’s law putting these creeps away for twenty-five years, I wonder how bad the problem would be if we didn’t have that.”

That would be only reasonable. If that happens in the wake of passing Jessica’s Law. But the evidence indicates, overall, that the innocent are victimized in direct proportion to the leniency built into our justice system. You lock up bad people, crime goes down, you let ’em out, crime goes up. And that, right there, is the cause-and-effect argument Fagan is trying to avoid: If we don’t want our children molested so that it becomes necessary to put them on that stand in the first place, what do we do with our convicted child molesters? Lock ’em up, or let ’em out?

Cassy thinks we should go ahead and just execute them. Frankly, at this point, I’m not entirely sure I disagree with that anymore. There are real lives being put in danger while we tolerate these utterly absurd nonsensical arguments from people like James Fagan, and if we just execute the child molesters we can stop arguing about them. At that point, who knows what happens to Representative Fagan. A good chunk of his reason-for-being would go away, then, so he could retire from his state legislature and pursue whatever other leisurely activities he has in mind. My guess would be going fishing, ripping the fish apart, making sure they can’t sleep, making them throw up. Whatever.

Update: Mark Lunsford, father of the Jessica after whom the law is named, responds:

“Why doesn’t he figure out a way to defend that child and put these kind of people away instead of trying to figure ways for defense attorneys to get around Jessica’s Law?” Mark Lunsford fumed, slamming recent remarks by Rep. James Fagan. “These are very serious crimes that nobody wants to take serious. What about the rights of these children?”

Lunsford, whose daughter Jessica was raped and murdered in Florida by a repeat sex offender, will be in Massachusetts tomorrow to push lawmakers to pass Jessica’s Law, which would require a 20-year sentence for rape of a child under 12. The House passed a watered-down version of the bill last week but Lunsford and other victims’ rights activists will be pushing the Senate to include mandatory prison time in the final law.

“If this bill is not going to put these people away, don’t disrespect me by putting my daughter’s name on it,” Lunsford told the Herald last night. “You have to put these guys in prison and admit these people are uncurable.”

H/T: Apathetic Lemming of the North, via commenter Brian, commenting on Scotto Blogo.

Helping to Highlight JohnJ’s Point

Monday, June 23rd, 2008

…JohnJ being one of my blogger friends trying to persuade me to go toward the light, Carol Anne, and support McCain this fall.

It’s a good thing I never said this point was entirely lacking in merit, for it certainly is not so lacking. Searching around for an editorial I saw last week in Sacramento Bee, I found it under Paul Greenberg’s name and Mr. Greenberg states a powerful case.

Nothing so well illustrates the essential asymmetry of this country’s worldwide struggle against terrorism than last week’s 5-to-4 opinion out of the U.S. Supreme Court. The enemy is fighting a war; we are litigating a plea.

Throughout the sleepy Nineties, we dealt with two – two! – earlier and incomplete attacks on the World Trade Center not as the barbaric acts of war they were, but as isolated matters for the criminal justice system to deal with when and if it could. While we slept, the enemy plotted. We paid the bloody price for our obtuseness – in thousands of innocent lives – on September 11, 2001.

Now we’re proceeding with great deliberation down the same blind alley.

How to describe this latest opinion from the high court? It’s not easy to get a handle on this decision for, against or maybe just vaguely about the exercise (or paralysis) of the president’s wartime powers. Here is how His Honor Anthony M. Kennedy – heir to the equally vacuous Sandra Day O’Connor’s swing vote on the high court – “explained” what his majority opinion means, or rather doesn’t mean: “Our opinion does not undermine the executive’s powers as commander in chief. On the contrary, the exercise of those powers is vindicated, not eroded, when confirmed by the judicial branch.”

This whole issue shouldn’t be an issue, of course. Supreme Court Justices are sworn in with an oath to defend the Constitution. Not to twist it around to make people happy, who in turn don’t even live in this country. They’re supposed to read the Constitution, look at some lesser law, and say “I don’t see any conflict here” or “yeah, that’s messed up, you’re not supposed to do that and it says so right here.”

What Kennedy is doing is ratcheting up the standard of constitutionality in such a way that it has little to nothing to do with the actual Constitution. He’s an authority doing exactly what authorities aren’t supposed to do when they wield authority: Try to use it to make himself popular.

…this is the third time in four years that the high court has left the question of how or if to try enemy combatants up in the cloudy air. What are the other branches of government, or even the lower courts, let alone our troops in the field, now to do with these detainees and future ones? The weightless burden of the court’s confused and confusing guidance on this subject might be summed up as: To be determined.

Each time the Supreme Court has ruled against this system of trying enemy combatants, lawful or unlawful, Congress and the executive – at the court’s explicit behest – have moved to meet its objections, only to be told once again that the tribunals still don’t pass constitutional muster.

In matters of civil and criminal law, you don’t want anything to happen unless all the tumblers are lined up. Outside of the military, government has a way of doing things like that naturally: Everyone has to agree something’s a go, but the lowliest mail clerk has the authority to stop it. Great way to prosecute a case. Lousy way to fight a war.

Greenberg closes by echoing John’s point, almost word-for-word:

The one thing that this latest example of law at its least vigilant does make clear is the importance of this year’s presidential election. Sen. John McCain, who knows something about war and being a prisoner thereof, says he would appoint judges who are committed to judicial restraint; he’s criticized this decision. Sen. Barack Obama has praised it. However confused and confusing this latest decision, it does clarify the decision facing the American voter this November.

It certainly does. What it actually means, I’ll leave to each reader to decide for him- or herself.

I know McCain isn’t speaking from the heart, though; I know this beyond the shadow of any doubt. His schtick is that he understands Guantanamo has to be closed down, that we need to recapture some of our global popularity by gelding ourselves in our treatment of these terrorists. He also clings to the tired old song that if we continue with our harsh interrogation techniques, it just puts the men and women serving on our behalf in danger, in case they are captured by the enemy.

The facts don’t square with this sales pitch. When John McCain was captured by the North Koreans Vietnamese, the United States was a signing party to the Geneva Conventions. That’s just a fact. The VC brutalized him at the Hanoi Hilton, and that, too, is an inconvenient fact. No getting around it.

So if anything, McCain is in a great position to know — beyond any doubt whatsoever — that a nation’s determination to behave in a “civilized” manner either by treaty or by deed, does nothing, zilch, zip, zero, nada, bubkes, as far as ensuring that nation’s troops will be subjected to kinder treatment by an enemy once they are captured.

He knows this. He knows it personally. And he’s playing up propaganda that is meaningful only to those who are too ignorant of the facts to understand what’s really going on here.

So do I think McCain’s rhetoric is right on the money about these nominees to the Supreme Court? Yeah, pretty much. Do I think a President McCain is likely to nominate better judges to the Supreme Court than a President Obama? Mmmm…maybe. There’s the slimmest of chances. Would I put a lot of money on it? No. I’d put very, very little. McCain is the very picture of a Republican nominee for President who’ll screw the conservatives over that way once he gets in.

Do I admire him for his service? Hell yes. Do I admire him for his character? Not one bit. I think he has serious issues in that department. Do I think he’s better than a democrat? Uh…maybe I would, if it weren’t for the history of Bush Pere. Or Nixon. I have my reasons to be jaded.

Am I optimistic about how things are going to turn out this year, if only the Republicans unite on this candidate, and thus reassure the candidate that we’re all with him, and consider the job of team-building to be behind him?

Hell no.

He’s the presumptive nominee. He doesn’t have the track record of sticking with principled positions on things…which means both sides will get a benefit out of him if they lean on him.

And those “moderates” are going to lean on him 24×7 all the way to election day.

Those who understand the wisdom of what Greenberg has had to say, should lean on him too. Which means, necessarily, that he can’t count on us. Not until he’s made some commitments that he hasn’t even bothered to make just yet.

Update: As Buck points out, I got my countries mixed up. It’s tough to keep straight in one’s mind all those wars the democrats started.

For The Anti-Death-Penalty Types XIV

Friday, June 20th, 2008

Via Rottie: SFGate and their professional “come interview me” head-shrinkers advise you not to condemn the failed Good Samaritans who just stand around gawking while deplorable acts of violence are committed. Yes, if you see someone weak and helpless being subjected to a good beating, you are not to rush in and right the wrongs without a good plan in place, and that means, you are not to do anything. Nor are you to think ill of anyone else who doesn’t bother to do anything. Those are your instructions for today. Capiche?

Oh yeah and as a pure afterthought, in the “giving you news about what happened” category…some pukeweasel curb-stomped a baby-toddler to death.

One of the witnesses, Deborah McKain of nearby Crows Landing, said she was the first to pull up to the beating scene with her boyfriend, a volunteer fire chief who is 52, as well as her 20-year-old son, her son’s wife and her son’s male friend. They called 911 at 10:13 p.m., police said.

Over the next seven minutes, McKain said, [Sergio Casian] Aguiar kicked his son at least 100 times as he calmly stated that he needed to “get the demons out” of the boy.

Seven minutes! And the gawkers gawked. But tut tut tut, remember what we said up there about judging the gawkers. That helping-the-helpless and defending-the-defenseless is best relegated to the ancient history of Matt Dillon. Nothing to see here, citizen.

Bystanders are justifiably scared and confused in such situations, the experts said Wednesday, and they lack the experience needed to respond with force. They can also be mesmerized by shock.

John Conaty, a veteran homicide detective and former patrol officer in Pittsburg, said that in interviews of witnesses to violence, “the common thing you hear is, ‘I was frozen in fear. I just couldn’t take action.’ ”
:
“I would not condemn these people,” said John Darley, a professor of psychology and public affairs at Princeton University who has studied how bystanders react in emergency situations. “Ordinary people aren’t going to tackle a psychotic.

“What we have here,” Darley said, “is a group of family and friends who are not pre-organized to deal with this stuff. They don’t know who should do what. … If you had five volunteer firefighters pull up, you would expect them to have planned responses and a division of labor. But that’s not what we had here.”

For the first ten seconds or so, that’s a great excuse. It’s a mediocre one after thirty. After forty-five seconds, it doesn’t wash at all.

This curb stomping went on for seven…full…minutes. Sorry, shrink. This doesn’t impress me as a logical preponderance of what happens to the human psyche during such attacks, not one bit. What it impresses me as, is a manifestation of one of the Things I Know About People That I Wasn’t Told When I Was A Child, specifically, Item #27.

27. People who make a conscious decision not to offer help or defense to someone who needs it, don’t want anyone else to help or defend that person either.

Think about it. Some guy stomps a baby and two guys watch and don’t make a move to interfere, they can hide behind Dr. Darley’s limp, flaccid excuses all they want. Seven minutes. Hell, make it an hour; might as well be.

What if one of the guys makes a move to help the child and the other guy doesn’t? Think on that. Maybe the guy who interferes, fails. Maybe he gets hurt. It really doesn’t matter — the guy who continued standing there, with his mouth hanging open collecting flies, while the other guy at least made the effort to stand up for what’s right…he looks like what he is. A craven coward.

And that’s why people who don’t bother to stop bad things from happening, don’t want anyone else to do it either. Makes ’em look bad. And that’s why, for every four words that appear in this “article,” at least three of them are dedicated to the effort of eradicating from us any expectation that we should help each other out when bad people come out of the woodwork and do their bad stuff.

There’s very little “news” in it.

Anyway, let’s go on the assumption that Professor Darley is correct here. Something is happening in our society, and these days you can stomp on a little baby for seven minutes and all the bystanders will just stand around like they’re on drugs, watching you. It’s to be expected of them because this is just the way people are. And let’s even suppose, further, that this just makes good sense.

Okay then.

If that is the case, Texas is handling the death row properly is it not? We need to get started on one end of this death row thing, and choke our way through it toward the other end, lickety-split. Go through ’em like Rosie O’Donnell through a crate of M&M’s.

Because people are just that way, too. Mr. Aguiar proved that. So some humans kick their own sons to death…other humans just stand around and watch them. It’s just the way people are. So when we find out people are this violent — knowing our average innocent-bystander hasn’t got in ‘im what it takes to stop that violent guy, when he does his violent stuff — we’d better smoke the hell out of him as fast as we can, right?

I look at it as…our innocent people, like women, girls, old people and two year old babies…they are going to get their defense one way, or the other. And if SFGate and their headshrinkers-on-file are in this great big hurry to eradicate good-Samaritanism from our society, rip the testicles off it, and transform us into a bunch of little pathetic weaklings who will just stand there, mouths agape, watching big strong men stomp babies into the concrete and not lift a finger to stop them after seven minutes — then it’s up to the executioner to supply that defense.

That seems pretty cut and dried.

And if anyone wants to argue that with me, I claim the moral high road. Executing murderers is more civilized and more sophisticated than not executing them. It certainly is, especially in a gelded, overly-vaginized society in which we don’t lift a finger to protect defenseless babies from being stomped into gooey red slush piles on the concrete.

The babes should be able to count on someone. If they can’t count on all these bystanders who are so confused they can’t do the right thing — then let them count on Old Sparky. One or the other.

One Question For Our College Kids

Saturday, June 14th, 2008

If I were a perfesser — don’t worry, not gonna happen anytime soon — I would ask my class a single question with the opening of every semester. Maybe again at the close.

It would be a very dangerous question.

I’m looking at Boumediene, and I’m looking at Burge. I’m looking at one of the Things I Know About People Minus What I Was Told When I Was A Child

27. People who make a conscious decision not to offer help or defense to someone who needs it, don’t want anyone else to help or defend that person either.

…and I’m looking at what I had to say about Gerard’s essay a couple of weeks ago:

Twenty-first century American liberalism in a nutshell: That which builds or preserves must, at all costs, be destroyed; that which destroys must, at all costs, be preserved.

I’m looking at things that need defending, that I’m told don’t need defending, and I’m looking at other things I’m told do need defending and there’s something reprehensible and atrocious taking place if those other things aren’t defended.

I’m looking at the defense that is provided to people who are convicted of killing other people. I’m looking at the “defense,” if you can call it that, of those people who have already been killed, and who cry out for justice from beyond the grave. The defense provided to the ones who did the butchering, always seems to be more energized. There’s a steep differential there, and it seems the people in authority — those who were provided this privileged “education” a generation or two ago — are the ones who say we should keep that steep differential in place. Without coming out and saying so. Without even admitting it to themselves.

Funny. I’d have presumed when you’ve been afforded the benefits of an expensive education, the very first thing you would’ve learned is the meaning of the words coming out of your mouth.

I see how politicians pledge to fight terrorists, and I see how they pledge to fight each other. They’ve prevailed over each other many times, they’ll prevail over each other many times later on — yet they have not yet prevailed over the terrorists. But the battle to prevail one more time over each other, always seems to be worthy of the greater expense of energy and effort. Battling the terrorists, taking no prisoners, never saying surrender and never saying die…well, these same politicians seem to be caught in an endless-loop of telling me it can’t be done.

So my dangerous question for our Leaders of Tomorrow, that I’d ask, if I could…and I can’t…would be…

What things, in your mind, are worthy of a costly defense? A defense that can be provided only at the expense of something precious. Safety…treasure…limbs…lives.

Not necessarily yours.

But I want specifics. “The Constitution” is too vague. Even “Freedom of Speech” is too vague. Don’t hide behind “the environment” because that’s too vague, too. “Civil liberties?” Try again. That is a cliche that was built to be vague. I want specific items, I want stated consequences, I want well-thought-out cause & effect. Now, tell me what things are worth a real, not merely lip-service, defense.

What, in our society, is so sacred that it justifies a defense involving overwhelming, disproportionate force?

What justifies an exorbitant defense?

What justifies an unreasonable defense?

What justifies a devastating defense? A deadly defense? A defense involving entirely innocent collateral damage?

What justifies a defense that goes beyond mere lip service?

Because I’m looking around, and I see everything our “hip & with-it” leaders want defended and preserved…each thing that they think is worth the sacrifice of something else…each and every one of those things…is something that destroys. Or, it’s something that defends something else that destroys. Or — something that defends something that defends something that, in turn, destroys. The last link in the chain, it seems, is always a destructive agent — if it isn’t, they’re just not that into defending it.

Halfway through Atlas Shrugged there’s an ugly scene in which James Taggart, who’s verbally abusive to his new wife Cherryl on a constant basis, hops over the fence and beats her for the first time. The last thing she said before he struck her with his hand, was the one thing he dedicated his entire life to keeping concealed from everyone, even from himself. He went about the entire thousand pages of the novel, without ever acknowledging this purpose he had to his life. This primary, central purpose — this purpose that took a back seat to none other, even though he couldn’t admit the purpose was there.

The words she said to him, just before being sent sailing across the room by his hand to her chin, were…

Then the headlight she had felt rushing upon her, hit its goal — and she screamed in the bright explosion of the impact — she screamed in physical terror, backing away from him.

“What’s the matter with you?” he cried, shaking, not daring to see in her eyes the thing she had seen.

She moved her hands in groping gestures, half-waving it away, half-trying to grasp it; when she answered, her words did not quite name it, but they were the only words she could find:

You…you’re a killer…for the sake of killing…

It was too close to the unnamed; shaking with terror, he swung out blindly and struck her in the face. [emphasis mine]

And that’s why he had to give her a beat-down. He couldn’t admit this to himself. In fact, at the end of the book when he finally said it out loud himself, (SPOILER: Highlight To Read) his brain melted down and he became a vegetable.

Maybe we’re there. Maybe our leaders of today and tomorrow are destroyers, who do their destroying by carefully avoiding any admittance that this is what they are. The trend, so far as I can see it, holds up: They defend only that which destroys other things. Any other kind of defense is, in Gerard’s parlance, uncool.

We can be such deliberate destroyers without being James Taggarts. Let’s just admit what we are. Much better for your mental health that way.

On Boumediene

Saturday, June 14th, 2008

Well my goodness, this is being discussed all over the “blogosphere” isn’t it? I could give the hat tip to just about anyone. I choose Sister Toldjah, because I like her and I think she’s done a functionally superior job of gathering links and other material that really matter.

Reading through the decision, it seems to me like kind of a mixed bag. Captain Ed jotted down the thoughts that were rattling around my head:

By granting the unlawful combatants habeas corpus, the court has now eliminated the main reason for the military tribunal system — and for that matter, Gitmo itself. If the detainees can access American courts, they may as well be held on American soil.

My own thoughts? They’re already covered by what I have written before, namely What I Know About People Minus What I Was Told When I Was A Child, Item #27:

27. People who make a conscious decision not to offer help or defense to someone who needs it, don’t want anyone else to help or defend that person either.

I’m sure some will say the matter is nominally more complicated than that.

Well, they’re just wrong.

Our New Burge Rule

Friday, June 13th, 2008

Via Gerard, and mentioned by now, I’m quite sure, by several others: Common Pleas Judge says Ohio must change injection law.

A judge in Ohio says the state’s method of putting prisoners to death is unconstitutional because two of three drugs used in the lethal injection process can cause pain.

Lorain County Common Pleas Judge James Burge said Tuesday the state’s lethal injection procedure doesn’t provide the quick and painless death required by Ohio law.

Burge said Ohio must stop allowing a combination of drugs and focus instead on a single, anesthetic drug.

Occasionally, around these parts, we make fun of strutting martinets like this by introducing the possibility of an executive or legislator who desires to repeal the law of gravity. Imposing one’s dictatorial compulsions on technology seems almost as nuts as imposing it over laws of physics…so I’d be interested in this single-drug execution method.

You don’t have to indulge in extravagant delusions to infer this is really all about outlawing executions. It’s a very effective technique. Guillotine, hanging, etc…they’re already out of the question. And yet, I have not read of the lethal injection being evaluated as what it is — a humane alternative to those. Nor have I heard of anyone in a position of authority opining, as they’d surely have done by now if they upheld the public safety as a primary ideal, that with injection facing these various problems we should think about bringing back something else, like something previously banned in favor of injection. Firing squad, hanging, electric chair, gas chamber.

Nope, this isn’t about public safety or justice; it’s about promulgating phony feel-good liberalism.

A little bit of further research substantiates what I suspected right away. This decision wasn’t handed down because of any pain that was actually felt by anyone but because the idea popped into someone’s head that it might happen.

Lorain County Common Pleas Judge James Burge says Ohio must stop using a three-drug combination for executions and focus instead on a single, anesthetic drug. He based his decision on testimony from two anesthesiologists who said the last two drugs administered create the risk that the prisoner will experience pain. [emphasis mine]

The risk is enough to bring down a ruling saying ya gotta stop. Think on the implications of that.

The public safety has been jeopardized for reasons that deal with compassion and humanity. And — something else, because if compassion and humanity defined the primary motive, it would be quite reasonable to hold out for a Pedro Medina incident and then say “well that’s just gross, we can’t have that.” After it happens. Give me something to investigate, as soon as there’s investigating to be done…on that day give me a call. Meanwhile, strap ’em down and shoot ’em up.

That is not what was done here. Judge Burge conjured up some science fiction about a cocktail that hasn’t been invented — which is one objection I have, but let that go for now — and handed down a ruling that all others must be banned, because of a hypothesis. So we have a new “Burge Rule”: If someone somewhere merely suspects you might be inflicting pain, you have to stop, and you let people live whom the law has already determined live at the expense of the public safety and trust.

This is not what you do when you hand down humane rulings. This is what you do when you show an anxiety to do same. Publicly. When you’ve got something to prove. When you want to prove it superlatively. When you’re schmoozing after someone — saying, essentially, “no, wait, that isn’t compassionate enough for you? I can do better.”

This is outside of a judge’s job description. That should be good enough to overturn it. But on top of that, my personal reasons for despising this behavior, in my opinion, make good sense and others should put some thought into adopting those reasons as their own:

I have never had terribly warm fuzzy feelings for people who are in a great big hurry to prove how nice they are. Being nice, insofar as it continues to be an asset that will be helpful to people, is something you can just be. That may not be good enough for someone, but if that’s the case, it says a lot more about them than it does about you.

What of those wretched souls who keep trying and trying and finding more and more creative ways to showcase their niceness? Perhaps, among them, Judge Burge would be the first specimen I’ve met who’s really a nice guy. But I doubt it a lot. In my experience…they’re compensating for something. They have reasons to doubt how nice they are, and are working so hard to fool people into thinking something they themselves know is not true.

And I don’t think that trend will ever be spoiled. Selling the truth is easy. If you have to keep wailing away on it, it usually isn’t truth.

Speaking for myself, I think prioritizing the safety of our women and kids over the painless treatment of those who’ve been convicted of murdering them, in my opinion, would be very, very nice.

Update 6/14//08: Oh my, look what we have here, thanks to the sharp eye of Debbie Schlussel. It’s our good Judge James Burge himself! But shown dispensing his wisdom from behind his desk, from a different camera angle. Now I see where small-tee-tim the Godless Heathen’s comments were coming from (below)…

Explains quite a bit, doesn’t it?

Brings to mind something I said at the beginning of this month:

Twenty-first century American liberalism in a nutshell: That which builds or preserves must, at all costs, be destroyed; that which destroys must, at all costs, be preserved.

Justice of Peace Sued Over Paddlin’s

Thursday, June 5th, 2008

Spankings work through embarrassment and humiliation.

Waitaminnit, waitaminnit, I think a lot of us who should know better, still don’t get that. So I’ll say it again. Spankings work through embarrassment and humiliation.

Oh wait, I think there are still some folks who don’t get that, so I’ll…oh…well, after awhile, there’s really nothing more you can do. Is there? I mean some folks really, really, don’t get it.

A Los Fresnos family is going to court to try to prevent a Cameron County justice of the peace from ordering spankings in his courtroom.

The lawsuit filed Wednesday alleges that Justice of the Peace Gustavo “Gus” Garza told a 14-year-old girl’s stepfather that she would be found guilty of a criminal offense and fined $500 for truancy unless the stepfather spanked her in the courtroom.

The lawsuit filed by Mary Vasquez and her husband, Daniel Zurita, described the paddle provided by Garza as large and heavy and fashioned from a thick piece of lumber.

“The word ‘club’ could be fairly used as a substitute for the word ‘paddle’ here as it appears to be something which may have been cut from a (two-by-four) piece of lumber,” attorney Mark Sossi wrote in the family’s petition. “The paddles provided by the judge are of such heft and weight that an individual striking an animal with one might be reasonably reported for cruelty to an animal.”

In a story for Thursday’s editions of The Brownsville Herald, Garza declined to comment on whether he has people spanked in his courtroom. He also said he had not seen the lawsuit.

The lawsuit asks a state district court to stop the spankings and remove Garza from office.

The family alleges in the lawsuit that Garza told Zurita to strike his stepdaughter repeatedly on the buttocks in open court.

Zurita said he didn’t feel as if he had a choice but to follow the order. When he was through, the judge told him he had not struck the girl hard enough, Zurita said in an affidavit.

Vasquez said she had seen the judge order other public spankings.

“It is unconscionable that a Texas judge would order a parent, much less a step parent, be required to strike a child with such a thing in a Texas courtroom,” the family’s attorney wrote in a footnote on the petition. “It is equally unconscionable that an argument could be made that such an order would fall within the lawful authority of any Texas judge.”

Hey here’s an idea: Don’t skip school. Then you won’t be spanked.

Aw, you see the cultural split here? I’m thinking in terms of cause and effect: IF you skip school, THEN you might get spanked. IF we spank kids who skip school, THEN maybe they’ll stop.

Other people think purely in terms of European style “I think this is deplorable and can I get an amen here?” No cause and effect at all. Oh, except with regard to the Justice of the Peace who’s trying to uphold law and order — IF we sue him THEN we can get him thrown outta office. So I guess they believe in cause and effect too.

But not with regard to bringing reform to the people who need it.

Some would say I should withhold my opinion until I have a chance to get to know the JP a little bit better. Maybe he really is off his rocker. I acknowledge that is a possibility. But going by that logic — why am I supposed to agree that this is “unconscionable” when I haven’t had a chance to meet this girl? Maybe she’s a brat. I know two things about her: 1) She’s a truant; and 2) a Justice of the Peace thought it fitting that she be given a smack-down in his courtroom, for being a truant.

Sounds like a brat to me.

Like I said recently: Where is the shame? We have something very similar to it nowadays, and we’re drowning in what’s similar to it: A fear of being sued over having offended someone else’s sense of decency. That is a similar, close-cousin synthetic blend. But it’s not identical, and it turns out to be a poor substitute — especially when we’re up to our armpits in that fear-of-getting-sued stuff, and completely bone-dry fresh-outta good old fashioned shame.

Shame, as in: Oh my dear f*cking God, I’m in court because this bratty stepchild of mine keeps cutting school, everyone thinks I don’t have what it takes to discipline her and it looks like they’re right.

If I were given dictator-for-a-day powers, and only had a limited amount of time to fix a very few things, that would rank very high on my list. We don’t put too much energy anymore into standing up for what we know is right. We’re too concerned with what we think the other fellow thinks is right. We’re over-Kerryized. We see shades of gray where right & wrong are concerned — that is a good thing when there really are shades of gray involved. But real life very rarely plies us with the gray stuff — most of these dilemmas are simple, are indeed black-and-white.

And our post-modern sense of moral relativism seems, to me, to be serving us very poorly in those far-more-common situations. This isn’t that complicated. Kid’s a brat. Needs a whack. Dish it out, hope for the best, and move on.

(Insert sound of my imaginary tobacco wad hitting the spittoon here.)

The Dark Age

Saturday, April 5th, 2008

In our relatively recent memory, there is a micro-era just 76 months long that shook the world. That this tiny epoch exists in our past, says a great deal about how we live with each other, how we’re slaves to fad and fashion, and how we’re not nearly as independent as we like to think we are.

My son’s been having this interest in cultural events that immediately preceded his birth, which was in ’97. This could be a sign of genius, if he knows what he’s doing…something that is always open to question. It could be hereditary. In my case, back in my childhood I had an interest in what was going on in the sixties and seventies, barely conscious of the fact that “big things” were going on, and I didn’t quite understand what they were. But they were bigger than me. My similar interest was decidedly a case of not knowing what I was doing. If I had my childhood to live all over again, knowing back then what I know now about post-modern feminism and the effect it’s had on our culture and on our public policy, I would have read every single newspaper I possibly could have gotten my hands on.

There are cycles, waves, and other such patterns involved in the way we value things across time. We’ve always had this tendency to elevate one demographic onto a pedestal, and bury another one shoulders-deep into the ground for a vicious virtual-stoning. We take turns doing this, and throughout it all we have this self-deceptive way of telling ourselves we’re treating everyone “equally” when we all know it isn’t true. It’s a delicious and intriguing piece of human hypocrisy, something woven deeply into us inseparable from our body chemistries.

Maybe we picked it up when we bit that damned apple. Who knows.

And we exercise it as individuals. In a couple of years, my son will be a teenager and the “My Dad Knows Everything” phase will come to a bitter end. I’ll be the clueless dolt who doesn’t know a damn thing.

James BondIn the meantime, my son likes James Bond movies. He seems to be in search of the elusive James Bond question that his father can’t answer. And always, always, we keep coming back to the above-mentioned chapter. He’s figured out that the history of the movie franchise is inseparable from the history of modern America…double-oh seven’s adopted parental country. How it is connected, he’s not quite completely sure. But he understands there is a connection.

Always, we come back to the elephant in the room. The one thing about the superspy that cannot be ignored…but defies explanation because it defies definition. The one things in Bond’s timeline that is absolutely intermingled with and inseparable from ours. I’ve made several casual references to it, but have never thoroughly explored it before in these pages.

The Dark Age.

The time when the Knight of the Cold War underwent a timeless and decidedly female fantasy — the story of Persephone, Sleeping Beauty and Snow White. He was taken away. He slept. The world tried, and arguably failed, to get along without him.

This has been an educational experience for me; the one facet to this Dark Age that fascinates me, above all else, is that it is a classic case of the few dictating the tastes of the many. We recall it — when we do — as a grassroots event, a natural consequence of the everyday folks getting fed up with an over-saturation of machismo. It simply isn’t true. It wasn’t bottom-up; it was top-down. Our elders decided they knew what was best for us, and they decided we were tired of James Bond. It was part of a much larger thing. Manhood was out of style. Masculinity, it was thought…although nobody came out and said straight-out, for it made far too little sense…was something that enshrouded us in the age of warfare, and now that the Cold War was over manhood no longer had a home. Anywhere. It was time for it to go away.

And so it became obligatory for the Lords and Vicounts and High Priests to instruct the peasants not to like James Bond. Or cigars, or martinis, or…well…anything you might’ve seen your “daddy” doing, be it Yankee or Anglican.

Working on cars on a summer day in an old greasy tee shirt. Drinking beer. Knowing best. Peeing on a tree. Opening jars for the wife. Telling dirty jokes. Growing facial hair. We were “above” all that, as we explored this new chapter in which 007 would be 86’d.

James Bond’s long slumber, the span between the sixteenth and seventeenth film installments, neatly bookends a small era in which we wanted none of these things…because we were told we should want no such things. And this year, as my son teeters on the brink of teenagerhood and is about to lose his curiosity about the Dark Age, and as Senator Hillary Clinton repeatedly struggles and fails to bring the Dark Age back again, perhaps it would be fruitful to re-inspect exactly what happened to us.

Supposedly, what happened was that Ian Fleming’s creation stalled out with the always-crescendoing legal troubles that arose from ownership disputes. There is certainly some truth to this; the evidence seems to suggest, on the question of Fleming taking indecent liberties with Kevin McClory’s contribution of the storyline in Thunderball, that Fleming is actually guilty. But it doesn’t really matter, does it. The very thing that makes this explanation plausible, is the thing that makes this explanation all bollywonkers and gunnybags. James Bond, at least in film form, has always been in legal trouble over this McClory issue. It is the reason there were two James Bonds in 1983. It is the reason that, in For Your Eyes Only two years previous, there was that surreal “Blofeld” appearance nobody can explain completely — the one with the smokestack, the wheelchair, the helicopter, and the delicatessen in stainless steel. Yeah, that.

Personally, I’ve never completely bought into this line that James Bond went away because of legal problems. He went away because he was out of style. Our feminists didn’t want us watching him. They told us what to do, and we obeyed our feminists. Starting with Hollywood, which made the regrettable decision — and today, looking back, the most ludicrous one — that the most profitable years of double-oh seven were in the past.

When one inspects what James Bond really is, one can easily see why our feminists have always hated him so much. He isn’t really a British spy, you know. He is the very apex of male fantasy. Let’s face it, international espionage doesn’t really have a great deal to do with saving the world from a madman with a laser orbiting the planet. It certainly doesn’t have to do with Aston-Martin automobiles, or sleeping with a lot of women. Or wearing a two thousand dollar suit and a three thousand dollar watch, when a couple hundred bucks divided among the two of those acquisitions will do quite nicely.

No, what those things have in common is that they typify male fantasy. They define manhood. Being entrusted with an important job, going about it, noticing something is about to happen that will injure millions of people you don’t even want to ever meet, preventing an enormous disaster and then retreating back into the shadows to go about your more mundane daily duties. Huh. I’ve just described the typical Superman episode. I’ve also just described a day in the life of any knight sitting at King Arthur’s round table. This is male fantasy that goes back a good stretch before Ian Fleming’s parents ever met.

And as frosting on the cake of feminist hatred toward the British superspy…once these male fantasies solidify into a newest James Bond movie installment, and the knuckledragging males like myself move heaven and earth to go see it…we don’t go alone. No, we bring our women along. Yes, women following men into the theater to watch a man’s movie. And we don’t jam our “honey do jars” full of bits of paper promising to do this or that pain-in-the-ass thing in compromise. We don’t have to. Our women want to go. Our women want to see the next James Bond movie more than we do.

This is what earns James Bond a fatwa from the feminist movement. He reminds us that men are noble creatures, and that women are complicated. Our feminists tend to hunger for the exact opposite, you know…they like men to be disposable and they like women to be simple. But with not a single sign of Meg Ryan crying, or Hugh Grant acting like a dork, the simple woman isn’t supposed to be having any fun. And she wouldn’t be. Yet the latest Bond flick comes out, and our women are practically jumping in the car, warming up the engine for us, offering to buy the popcorn.

James Bond is a sign that feminists may have more to learn about women, than anybody else.

And so, during the Dark Age, they killed him. They did what feminists desire to do: Shape our culture and define the values we exercise therein. Glittering recruiting-buzzwords like “power” and “freedom” and “choice” really have very little to do with any of it.

But…when angry women want us to do things, we find it hard to tell them no.

For the two thousand three hundred and thirteen days that began in the summer of 1989, James Bond slept.

The world went un-saved.

And when the experiment was over, it turned out — maybe the world doesn’t need saving after all — but it certainly does need James Bond. That male fantasy that he’s really all about. We depend on it; that’s just the way it is, and the feminists can get as grouchy about that as they want to get, but it’s true and will always remain such.

The feminist edict that James Bond should go away, began the way all cultural impulses do: With a tailwind, and on a downward slope. It caught on because resistance was at a low ebb. Certain external events created a climate in which it was handy and convenient to suggest a retirement from MI6 and from Hollywood. The AIDS crisis had reached a plateau, and some would say it was still on a sharp upswing. The baby boom generation, always numerous, always powerful, and always hostile to anything that might have been identified with the generation previous to them, had reached middle age and they started to occupy positions that were powerful, positions in which “real” decisions were made about things. And with Russia’s troubles, anything even remotely connected to a “cold war” seemed naturally headed to the trash heap.

It was Timothy Dalton’s second venture in this role. It is sometimes said that his style, notable in fidelity to the book version of Agent 007, grated on the movie audiences and there may be some truth to this as well. But another thing about Dalton that doesn’t get a lot of mention is that he was the first “Fountain of Youth” James Bond. Fans were expected to believe this was the same guy who outwitted Dr. No in 1962 and wrecked that railroad car on the Orient Express with Red Grant the following year; here he was, maybe seventy years old, wrestling control of an airplane in mid-flight after waterskiing behind it in his bare feet. The storyline was original enough, involving Bond’s defection from the British Secret Service and carrying out a personal vendetta on behalf of his friend Felix Leiter. And Robert Davi had all kinds of things going for him as the bad guy. He was dark, sinister, bloodthirsty, cruel and charming.

But — and looking back on it, this was probably the nail in the coffin — the bad guy was also a drug lord. In the previous film, The Living Daylights, it turned out that bad guy was also a drug lord. James Bond fighting the war on drugs. Nothing says “past the prime” quite like that.

The only sense of continuity was that Dalton had signed up to do three movies, and this was the second. Other than that, there was no momentum at all.

The death knell also came from bad returns, and the bad returns undoubtedly resulted from bad promotion. The film competed with Batman; Indiana Jones and the Last Crusade; Lethal Weapon 2 and many others. Bond had been a summer phenomenon with every film appearance since The Spy Who Loved Me, but evidently the time had come to re-think that, and perhaps it was re-thought a bit too late.

When the thumping came from the dismal revenues, feminists, and others invested against Bond’s success, trumpeted that we were tired of men saving the world from disaster, conveniently ignoring the success of Die Hard just a year ago. The talking point stuck. They talked it up and talked it up. Meanwhile, MGM/UA sued Danjaq, the parent holding company of Bond-related trademarks and copyrights…another outgrowth of the McClory mess.

That winter, in a dark omen about the times in which we were about to live, carefully sanitized of any male heroism or derring-do or respect for same, Marc Lepine murdered 14 women at the University of Montreal. The Montreal Massacre has come to epitomize what’s wrong with feminism, why it is the very last mindset that should have anything, whatsoever, with the formation of public policy.

Let us summarize it here: Feminists talked down male heroism. They opposed it at every turn. They poured vast sums of money and energy into sneering at it, indoctrinating entire generations of people to the idea that the Real Man is a myth, and if he is indeed real he serves no purpose, in fact is something toxic and ugly. And Mark Steyn, quoting himself after the Virginia Tech shooting, fills us in on what happened next:

Yet the defining image of contemporary Canadian maleness is not M Lepine/Gharbi but the professors and the men in that classroom, who, ordered to leave by the lone gunman, meekly did so, and abandoned their female classmates to their fate — an act of abdication that would have been unthinkable in almost any other culture throughout human history. The “men” stood outside in the corridor and, even as they heard the first shots, they did nothing. And, when it was over and Gharbi walked out of the room and past them, they still did nothing. Whatever its other defects, Canadian manhood does not suffer from an excess of testosterone.

The conclusion is inescapable. Masculinity was killed, and soon after it the real women it had been defending.

Well, Mark Steyn has his opinion about what it all means, but the prevailing viewpoint has another take on it…

Since the attack, Canadians have debated various interpretations of the events, their significance, and Lépine’s motives. Many feminist groups and public officials have characterized the massacre as an anti-feminist attack that is representative of wider societal violence against women. Consequently, the anniversary of the massacre has since been commemorated as the National Day of Remembrance and Action on Violence Against Women. Other interpretations emphasize Lépine’s abuse as a child or suggest that the massacre was simply the isolated act of a madman, unrelated to larger social issues. Still other commentators have blamed violence in the media and increasing poverty, isolation, and alienation in society, particularly in immigrant communities.
:
The massacre was a major spur for the Canadian gun control movement. One of the survivors, Heidi Rathjen, who was in one of the classrooms Lépine did not enter during the shooting, organized the Coalition for Gun Control with Wendy Cukier. Susan and Jim Edwards, the parents of one of the victims, were also deeply involved. Their activities, along with others, led to the passage of Bill C-68, or the Firearms Act, in 1995, ushering in stricter gun control regulations. These new regulations included new requirements on the training of gun owners, screening of firearm applicants, new rules concerning gun and ammunition storage and the registration of all firearms. The gun registry in particular has been a controversial and partisan issue, with critics charging that it was a political move by the Liberal government of Jean Chrétien that has been expensive and impractical to enforce.

Who’s right? Form whatever opinion you wish to form; I’ve formed mine. This culture conflict between male-friendly and male-hostile forces had been going on for awhile, and ultimately it culminated in the death of James Bond, the greatest family-friendly male fantasy material ever put to the big screen. And then the Montreal Massacre showed us the horrific consequences in store for us if we eradicate masculinity…and in response to that…our neighbors to the North, in their infinite wisdom, eradicated masculinity some more. Day of Remembrance and Action on Violence Against Women — as if deranged gunmen pay attention to such things, before making the fateful decision to go charging through a college campus shooting people.

Little things began to happen in popular culture about this time, poisoning the well just a little bit further. The Simpsons premiered — the madcap adventures of a little poorly-drawn cartoon boy named Bart. It turned out his doofus dad Homer had special resonance with our now thoroughly-vaginized audience, and in the years to come the family patriarch would steal center stage. Homer Simpson, in this way, continued the trend set by Al Bundy in Married…With Children — albeit as a less sympathetic character — and the Age of the Doofus Dad began in earnest.

On the big screen and the little screen, things started popping up “geared toward” girls and women…which means deliberately excluding men. The studios discovered women were feeling a special attraction toward things that not only entertained them, but were assured to provide little-to-no entertainment for anybody else. They called it “tailoring” or “customizing” or “specially targeted” or whatever. The meaning was all the same: Men wouldn’t like it.

Makes sense. Guys, when you take your sweeties to the movies, it should hurt. Makes as much sense as that ring that should cost a lot. Sacrifice is the point.

So we were buried in an avalanche of things men wouldn’t like. The Little Mermaid marked the beginning of what became an annual pilgrimage — Disney would market the hell out of their next big feature cartoon, full of strange people and animals with eyes the size of dinner plates, with obscene volumes of merchandising tie-ins. Next year, they’d go back, Jack, and do it again. All of it “tailored.” Cleansed of anything that might be interpreted as even residual masculine appeal. All of it calculated to make Dad barf.

Steel Magnolias. That spring, Pretty Woman. Ghost. Feelings, feelings, feelings…bits of fluff to make you cry, tossed up there for the purpose of pulling in the little gold statues of the man who has no face.

Ryan White died of AIDS. Such poignant deaths tugged at our heartstrings, and helped to remind us that the era of feelings could not have crested out just yet. It was just getting started. After all, if you resolved to confront the AIDS crisis with your brain instead of with your heart, what in the world would you do? There was nothing to do in the Realm of Thought except throw a little bit more money at the disease. And then a lot more money. Well, when people can’t form a plan that seems complete, they like to feel their way through things so with every AIDS-related news event we did some more feeling.

Manhood being coupled with stoic, rational thinking, it was buried a little further in the ground as we continued to bury our brains. We had to be more sensitive. People were dying of AIDS. Nobody ever explained how being more sensitive would stop AIDS deaths, but that’s the beauty of feeling your way through things — no explanation necessary. Just think happy thoughts. Or sad ones. Whatever fits the occasion. Just be compatible. Doing constructive things, that was out of style now.

The era of James Bond continued to slip into the past. In August of 1990, movie producer Albert “Cubby” Broccoli parted company with screenwriter Richard Maibaum, and John Glen, director of the previous five films. Half a year after this unfortunate event, Maibaum would be dead.

The environment took center stage, now that we were being extra-feminized and sensitive. We had a new Earth Day, to commemorate the twentieth anniversary of the 1970 event, and that summer Captain Planet and the Planeteers premiered on TBS.

Men were understood to be inherently bad and women were understood to be inherently good. We began an endless fascination in women doing those heroic male things, like catching the bad guy. This is the year in which Clarice Starling became famous, as portrayed by Jodie Foster in Silence of the Lambs. And then there was Thelma and Louise. Of course, the Tailhook scandal helped out a lot. Women were heroes — and hero status was incomplete if it was even suggested that maybe, just maybe, there might be some things men could do that women could not…that wouldn’t do. We pretended otherwise. And if anybody dared to get tired of it, we’d simply explore how women were victims — and that would return them to “hero” status.

The dysfunction that took hold in our society, wasn’t so much that we saw good things in women. The most “patriarchal” societies, contrary to popular belief, have it in common that they have seen women as innately good and worthy of protection — hence the necessity of strong men. No, in the 76 months of this Dark Age, the real damage was irony. Things seemed, to us, to be the opposite of what they really were…starting with strength and weakness. Weakness was now the new strength. In the news as well as in fiction, people were shown to be strong through a ritual of showcasing their frailties. Rodney King was worthy of our attention because he got beaten up. The beating was worth talking about. His leading the police on a high speed chase through a densely populated suburban neighborhood…wasn’t worth talking about, because this didn’t service the goal of portraying King as a victim. Starling was strong because she was a victim. Thelma and Louise were strong because they were victims. The Tailhook ladies were strong because they were victims.

Strong didn’t have anything to do with being ready, willing or able to defend someone in need of a defense. That would be too patriarchal.

In July of 1991, Patricia Ireland succeeded Molly Yard as the head of the National Organization of Women. This was a pivotal event because it was a generational hand-off; Ireland is a baby-boomer, and Yard came from the generation previous. Three months after this, Susan Faludi published her book, Backlash: The Undeclared War Against American Women. Strength-through-victimhood continued.

Feminists, during this time, could be as nasty as they wanted to be. If anyone called it out they’d just call it a “backlash” and do some more complaining about dark and sinister undercurrents in our society, working against them. Meanwhile, James Bond was dead…along with countless other “patriarchal” trinkets, involving far less meaning to us item-by-item than they meant collectively. The feminists were being exactly what they called others. Rodney King’s famous query was “can’t we all just get along?” The irony was, those who worked day and night to make sure everybody heard the question, also labored with equal gusto to make sure the answer was a resounding “Hell, no!”

Jeffry Dahmer was arrested. For eating people. The police got in trouble when it was discovered Dahmer fooled them into returning a bleeding, naked little boy to his care…who he later had for dinner. He ate lots of other people, but the police got in trouble because of this one boy. Don’t worry about Dahmer, he’s probably the last cannibal we’ll see for awhile, but we’d better fix the police because they’re feeding little boys to cannibals!

So the pattern continued. Those who did harm, were presented to us as nothing more than a curiosity…maybe even something deserving of our sympathy. Those whose job it is to protect us from the harm, are presented as part of the real problem. Ostensibly, this is done to make sure our protection is worth something. But every crime needs a protagonist, doesn’t it? If I’m a cop I can’t very well feed someone to a cannibal if there’s no cannibal around, can I? The police were a danger, the protagonist was not.

In November, Freddy Mercury died of AIDS. The feeling-over-thought continued. Bohemian Rhamsody, that winter, blared from every loudspeaker on every radio and every television.

Disorder was the new order. Justice was dispensed, not from the courtroom in which Stacy Koon and his colleagues were acquitted for the Rodney King incident, but in the riots that followed in downtown LA. Again…it was all about solving problems with feeling instead of with thought. Justice becomes a myth when you do that; just a glorified system of might-makes-right. More irony: People who want to disclaim masculinity, manhood, “patriarchal oppression” and so forth claim that as their goal — to elevate themselves and society above an anarchy in which might-makes-right. But that’s exactly what they cause to happen.

Meanwhile, nobody noticed that the Maastricht Treaty had been signed. This was the beginning of the European Union. Just like any other union, it was constructed to “level the playing field” against someone who had an “unfair advantage” — which means to attack that someone. In this case, it was the United States.

The importance of the Maastricht event cannot be overstated. Sixteen years later, we have been dutifully fed our talking points that the United States is seen by our “allies” as an oppressor. Most people who believe this uncritically, fail to comprehend how intricate and robust is the organization that is really responsible for all this “seeing.” It is an international union formed for the purpose of gaining more power…against the United States. With a little bit of a longer memory, one can see there is more to that story than just President George W. Bush. The hostility against America has roots in it, that go all the way back to this event. This quiet event.

Then came the Year of the Woman. It was part of a global fashion trend. That year, Betty Boothroyd had been elected as the first woman Speaker of the House of Commons in the United Kingdom, and Stella Rimington became the first woman head of MI5, the domestic counterpart to Agent 007’s MI6 international espionage branch. The movie industry continued to assault us with their feeling-over-thought anti-man pap: A League of Their Own; Lorenzo’s Oil; Prelude to a Kiss.

Dan Quayle, technically correct, perhaps even prophetic, but hopelessly tone-deaf, gave a speech on the harm Murphy Brown was doing to our society. It was something we needed to have pointed out, but we weren’t ready for it at the time. Our sense of direction was utterly destroyed by now. Chaos looked like order, women looked like men, cops looked like robbers and robbers looked like cops. When cowardliness led to piles of womens’ dead bodies, we thought the best way to protect our women was to embrace more cowardliness. Murphy Brown’s dysfunction? It looked like function.

As Quayle’s boss faced re-election that fall, the worst debate-question ever was asked by pony-tail guy at the debate in Richmond, VA: “How can we, as symbolically the children of the future president, expect the two of you—the three of you—to meet our needs?” Rush Limbaugh provided more context for the quote here (link requires registration with Rush 24/7):

RUSH: Shall we go back to March 30th, 1993, from my Television Show, I played this sound bite from October 15th of 1992. This was the presidential debate, Perot, Clinton and Bush 41 in Richmond, Virginia.

THE PONYTAILED GUY: The focus of my work is domestic mediation, is meeting the needs of the children that I work with by way of their parents and not the wants of their parents, and I ask the three of you, how can we as symbolically the children of the future president expect the two of you, the three of you to meet our needs?

RUSH: That’s the famous Ponytail Guy from the Richmond debate in 1992. These presidential candidates are our fathers, the president’s going to be our father, and what can we expect from our father, you, to meet our needs?

The irony continued. Dependence was independence.

As the Danjaq/MGM case wound its way through the courts, The Crying Game was released…continuing the irony, women were men. Superman, the defender of Truth, Justice, The American Way, died. Just as well. We had some significant questions about what exactly all three of those were…and at the time we didn’t even realize we had those questions. But Superman just plum ran out of ways to save the day — without offending insecure women with his masculine oppression and what-not. So down he went.

Clinton appointed a whole bunch of women to his cabinet. Had he been seeking the best and the brightest for these important positions, he might have accidentally picked some pretty ones, and that would have been threatening. So he made sure they were all physically unappealing. Reno. Shalala. Albright would come later…and of course later that year Ruth Bader Ginsburg would be nominated and confirmed to the Supreme Court. I don’t wish to be unkind, but these ladies are homely. To doubt that there was an agenda in place to select them that way, is to doubt the evidence of our senses. If you sent me out to find some that look like this, I’d be out there all day long…probably finding none at all, or no more than one. In one of his first acts of office, not quite content with his retroactive tax increase, he passed the Family and Medical Leave Act, or FMLA.

Because as anybody knows, the first step to making the economy stronger is to make it godawful expensive to hire people. Yeah, that’s the ticket.

Country music didn’t escape the Age of Dysfunction either. Eilleen Regina Edwards, better known as Shania Twain, released her debut CD. Country Music purists became apoplectic, and the schism helped to channel this seemingly limitless supply of anti-tradition anti-male energy into lifting the nascent career of the gorgeous Shania…whom, apart from that, had no shortage of assets appealing to the male psyche. There was little or no animosity involved in her lyrics, but a darker culture arose to consume her. No bitter, angry single-mom was complete without a cheap little CD player belting out one Shania Twain cut after another. It was all just so fresh…which sounds deceptively positive. Under the roots of it all, was a underlayer of raw, naked animosity toward anything that was traditional, and/or not yet quite as feminized as it might possibly be.

The Supreme Court decided Wisconsin v. Mitchell, signaling the readiness of our modern culture to consider hate-crime legislation. Who exactly is ready for it, nobody is willing to say; for a judicial-branch decision to drive what the legislative-branch is supposed to do, isn’t quite the way things are supposed to work. But work that way it did, as the Supreme Court decided states have latitude in considering motive for a crime in enhancing the penalties for it.

What’s been mostly forgotten is that the Wisconsin decision concerned an assault on a white fourteen-year-old boy, Gregory Reddick, by a gang of black individuals in Kenosha, who had just seen Mississippi Burning. Todd Mitchell asked the group “Do you all feel hyped up to move on some white people?” — Reddick was in the wrong place at the wrong time, and the rest is history.

Todd Mitchell’s penalty was enhanced due to thoughts in his head. The Wisconsin Supreme Court had determined there was something wrong with that, that such an enhancement would have a “chilling effect” on free speech. The Supreme Court overruled, finding “no merit in this contention.” Those are unfortunate words. Penalty enhancements due to thoughts-in-the-head may, with a little bit of trickery, be shoehorned into some functional compatibility with the spirit of our Constitution, or at least with the letter. But “no merit” is a little on the strong side. To say penalties can be enhanced because of free speech exercised, might have a chilling effect on free speech…it does, at the very least, have some merit.

In an act that symbolized exactly what was going on, Lorena Bobbit cut off her husband’s penis and flung it at a stop sign, to fall into a field where it was later retrieved and reattached. Good thing she picked the summer of 1993 as the best time to do it. She was hailed as a feminist hero. The jury found her not guilty by reason of insanity, and after a court-ordered 45-day psychiatric evaluation, she was released.

She got away with it.

And the feminists said she was exactly what they wanted to be. Good for them. I wonder if, in 2008, they have the decency to be embarrassed by that. But it might be a good idea for the rest of us to remember what exactly “feminism” meant fifteen years ago: Cutting off dicks, or wishing you had the guts to do it.

Kim Campbell was sworn in as the first female Prime Minister of Canada.

President Clinton passed the “Don’t Ask, Don’t Tell” policy, then went out to the Rose Garden for a photo op as Yasser Arafat and Yitzhak Rabin shook hands in a sham peace ceremony. The age of fakery, of built-in irony, of feeling-over-thought, of pretending things weren’t what the cognitive lobes understood them to be…staggered on. Meanwhile, John Wayne Bobbit flirted with porn. It seems he was restored to his potency much more quickly than we were restored to ours.

Sleepless in Seattle assailed our senses, followed closely afterward by the premiere of Mighty Morphin Power Rangers. Jocelyn Elders was confirmed as our Surgeon General, and the Maastricht Treaty came into effect, forming the European Union.

As Madonna slipped into her Dominatrix outfit, Clinton signed the Brady Handgun Violence Prevention Act into law, then sent his wife down Pennsylvania Avenue to babble some kind of nonsense at Congress about socialized medicine.

On November 13, Star Trek: The Next Generation had an episode called Force of Nature that nearly killed Star Trek. It was about environmentalism. It turns out, when you take a starship above Warp 5 you do some incremental damage to the fabric of the space-time continuum. At the conclusion of this episode, Starfleet, in its infinite wisdom, imposed a galactic speed limit on all starships, bringing the fictitious age of exploring the “final frontier” to a virtual end.

Another metaphorical event of profound poignancy: Ripping apart the fabric of a space-time continuum, was exactly what was taking place in real life. With manhood, our spirit of exploration was dying. And with that, our fastening to logic and truth. We wanted Don’t Ask Don’t Tell. We wanted the thoughts in our heads to be regulated, while we were told no such thing was happening. With all the exploring done, we just wanted things extra safe…we wanted our Hillarycare universal health plan.

Lani Guinier, the “quota queen,” was nominated as the Assistant Attorney General for Civil Rights.

Colin Ferguson, accused of killing six passengers and wounding nineteen on the Long Island railroad, employed the black rage defense. His attorneys tried their best to retroactively declare open season on people, but to no avail. He received six life terms. Hey, at least they tried.

Black rage was first proposed by black psychologists William Grier and Price Cobbs in their book Black Rage (ISBN 1579103499). Grier and Cobbs argue that black people living in a racist, white supremacist society are psychologically damaged by the effects of racist oppression. This damage causes black people to act abnormally in certain situations.

Irony continues. The victim has strength, and is to be respected. Inequality is equality.

Since everybody was instantly good and wonderful if they would just let women do things they previously couldn’t, the Church of England began to ordain female priests. Hugh Grant typified his perpetual role as the hapless clumsy “git” in Four Weddings and a Funeral.

Timothy Dalton went on record, announcing his official abdication from the role of James Bond.

Michael Jackson married Lisa Marie Presley. The World Series was canceled, and the FIFA World Cup began in the United States. Enter soccer, exit baseball. But the real insult to the United States was just around the corner: Michael Fay used his American origin as an excuse for spray painting cars in Singapore. You see, we Americans are meek and mild and we’re just not tough enough for that caning punishment they have over there. The skin on our buttocks is especially thin, I suppose. So, you should just let us get away with it. I have a social disease, Officer Krupke! Grasping for the chance to show that chaos is really order and strength is really weakness, President Clinton intervened and bargained the ritual six strokes of the cane down to four.

With our national identity confused, lost, given away, we went through our summer ritual of being buried in annoying, glurgy, anti-male, feeling-over-thought movies. When A Man Loves A Woman. Natural Born Killers. Bad Girls. Blue Sky. Exit to Eden.

Woodstock ’94 commemorated the twenty-fifth anniversary of something that wasn’t really worth the trouble. Hippies smoking dope listening to music having sex in the mud. It was kind of a bust. The hippies had grown up, gotten jobs, mortgages, heads full of gray hair…and some nice suits that couldn’t get muddy.

ER premiered.

Hillarycare was quietly abandoned. We just weren’t going for it…yet.

A new Star Trek movie came out in which Kirk and Picard would appear together. This started lots of Kirk/Picard comparisons…wonderfully entertaining, all of them…but again, metaphorical toward the confusion and dysfunction we felt during these 76 months. The overall trend was that Kirk was more dependable and effective when confronted with a crisis, but Picard was more desirable…for reasons left unstated, or stated only vaguely. His propensity to surrender was thought to be an asset. Again, weakness is strength.

Disclosure came out, asking us to imagine an event in which a woman is guilty of sexual harassment (including an unfortunately ludicrous and silly scene in which Michael Douglas is given a blow job against his will).

We showed some signs of an early bloom in this 330-week winter. We voted in a Republican Congress, and Dr. Elders was finally forced to resign. Peter Jennings said we were having a “temper tantrum.”

When the Alfred P. Murrah federal building in Oklahoma City was blown up, they blamed talk radio and angry white men.

Bryant Gumbel, then co-host on the NBC News Today show, reported that “The bombing in Oklahoma City has focused renewed attention on the rhetoric that’s been coming from the right and those who cater to angry white men. While no one’s suggesting right-wing radio jocks approve of violence, the extent to which their approach fosters violence is being questioned by many observers, including the president…”

We were being told what to think and what not to think. But dependence was independence.

Women continued to take on male roles in fiction. One expensive production after another failed, either in the short term or over the long haul, but the producers insisted on believing women could look appealing just by doing manly things. Real entertainment is expensive, after all. And so Hercules had an episode called “The Warrior Princess” which spun off into its own show; “Star Trek: Voyager” premiered. Of the latter, the only draw was that the Captain of the vessel was a woman. Who acted a lot like a man. It was rather painful and boring to watch, but it did endure for seven seasons, the Warrior Princess for six.

In those early days, success was sure to be had so long as the personalities showcased were not straight, white and male. And so 1995 brought in the now-ritual summer of glurgy anti-male-ness and anti-family-ness and anti-thought-ness…Babe, Pocahontas, Boys on the Side, Bridges of Madison County. Copycat, Scarlet Letter. And, let us not forget the Macarena being released. Looking silly is serious business.

Sandra Bullock, in the first movie appearance since she lit up the screen in Speed, embarked on a new rejuvenated career dedicated to chick flicks — with While You Were Sleeping. Funny. Thirteen years later, I have yet to remain awake all the way through that movie.

Nearly three years after Barbara Boxer began her vendetta against him, Sen. Bob Packwood was forced to resign. A few years later, she’d circle the wagons around President Clinton for doing something much worse…I guess inconsistency is consistency. But with Packwood gone, we could talk about women being victims again, especially with Shannon Faulker’s adventures at The Citadel. Victims are strong because weakness is strength.

On November 13, 1995, the 2,313 day winter was finally brought to a thaw as Goldeneye was released. It received two BAFTA nominations and earned $26 million during its opening, the most successful Bond movie since Moonraker.

Why?

It should be obvious by now. We had been starved. We had been denied what we, men and women, really want: That old story, the knight-of-the-round-table story. Disaster prevented. Good thing that strong smart resourceful guy was where he was.

Women, somewhere, may be capable of doing what men can do. But there is no fantasy there. Nor do we have any inner lust toward this phony irony, wherein victimhood is strength, femininity is masculinity, unfairness is justice, thought control is freedom, chaos is order, dependence is independence. We know, deep down, all of us, that that’s all crap — we can only snack on it for so long before we get sick of it. Three hundred thirty weeks…it’s far too much to ask of us. Can’t keep it up.

Eventually, we have to return to our programming and our programming has to do with truth, logic, and order. That is what our programming is all about, for our programming has to be consistent with nature. If it were not, we would not be here. And so we like to see a strong masculine figure preventing disaster, for the benefit of people he has never met and never will meet. A man…defusing a bomb. A man…lifting a concrete slab off a baby who is miraculously unharmed. A man…fishing a kitten out of a tree…or shooting a terrorist who was about to wear a dynamite belt to a pizzeria. Men see that, and they feel better about themselves because they want to be that guy; women see that, and they feel better because they understand someone somewhere believes they are worth defending.

What was this long winter, the Dark Age in which James Bond slumbered away, really about?

It was about abjuring reason…for the sole purpose of feeling good…and failing. Once it was over, we felt better than we’d ever felt since it began. Let that be a lesson to us: To plagiarize Franklin, those who disclaim logic, reason and masculine symbiosis for a good feeling and “self esteem,” deserve none of these things and shall ultimately have none of these things.

Pearl Harbor and the Death Penalty

Wednesday, October 31st, 2007

Yamamoto

“In my view…the choice for the judge who believes the death penalty to be immoral is resignation rather than simply ignoring duly enacted constitutional laws and sabotaging the death penalty.”

— Supreme Court Associate Justice Antonin Scalia, commenting on the Atkins v. Virginia case

We got an awful lot of self-righteous people, usually with no small amount of condescension and just plain-ol’-snottiness, telling us the death penalty is inconsistent with “evolving standards of decency” or some such rot. More often than not, those snots live in well-to-do ivory tower enclaves and are unlikely to suffer personally from the vagaries of people who have no respect for the sanctity of human life but run free anyway.

One of Associate Justice Scalia’s colleagues does a dandy job of representing these goo-gooders — who are just barely enough in-touch with what passes for a moral compass, to avoid dispensing justice, even when it’s their designated occupation and sworn duty to so dispense.

I’ve already lost this link once, and now that I’ve found it again I wanted to save it onto this page so I’d never lose it again. It’s a great article, because it cites exactly what I’d cite, and highlights exactly what I’d highlight.

Lawprof and legal journalist Jeff Rosen had a very interesting New York Times article about Justice Stevens a week ago. The whole thing is much worth reading; but here I wanted to comment just on one part:

[Justice Stevens] won a bronze star for his [World War II] service as a cryptographer, after he helped break the code that informed American officials that Adm. Isoroku Yamamoto, the commander of the Japanese Navy and architect of the Pearl Harbor attack, was about to travel to the front. Based on the code-breaking of Stevens and others, U.S. pilots, on Roosevelt’s orders, shot down Yamamoto’s plane in April 1943.

Stevens told me he was troubled by the fact that Yamamoto, a highly intelligent officer who had lived in the United States and become friends with American officers, was shot down with so little apparent deliberation or humanitarian consideration. The experience, he said, raised questions in his mind about the fairness of the death penalty. “I was on the desk, on watch, when I got word that they had shot down Yamamoto in the Solomon Islands, and I remember thinking: This is a particular individual they went out to intercept,” he said. “There is a very different notion when you’re thinking about killing an individual, as opposed to killing a soldier in the line of fire.” Stevens said that, partly as a result of his World War II experience, he has tried on the court to narrow the category of offenders who are eligible for the death penalty and to ensure that it is imposed fairly and accurately. He has been the most outspoken critic of the death penalty on the current court.

I recognize that much can get lost in such pieces, even when they are written by experienced, thoughtful, and sympathetic interviewers such as Rosen. Perhaps Stevens gave some further explanations that were omitted, or perhaps Rosen’s paraphrases are not quite right. But what I see in the article strikes me as a perplexing chain of reasoning.

There follow three bullet points which, if you’re a right-thinking rational individual like me, will line up hand-in-glove with the explosions of “Whisky Tango Foxtrot” percolating between your ears as you read through Justice Stevens’ hackneyed preponderances.

Justice John Paul Stevens has, at the very least, achieved the first milestone of insanity and probably the second as well. He’s in some wonderful company there. But more seriously than those, he’s failing to uphold his sworn duty. He is what Scalia was talking about in the quote above.

Zahn Rule

Tuesday, August 28th, 2007

I’m not keen on the sole-source, especially when it deals with the private lives of celebrities and one can easily see it’s giving far more air-time to one side of a dispute than the other. So I’m inclined to ignore this…but lacking that level of dignity, I’m inclined to believe only part of the article without the customary heavy-questioning. Just two things: That Paula Zahn carried on an affair behind the back of her husband of twenty years, for a significant chunk of that time, and that she’s trying to put the screws to him in court. Seems to me if either one of those was a falsehood, there’d be little profit in spreading it and it would have been easily detected before the presses were fired up.

The illicit, years-long love affair between Zahn and business big Paul Fribourg was sizzling even as Fribourg hit the golf links with Zahn’s real-estate magnate husband, Richard Cohen, sources told The Post yesterday.
:
Sources declined to discuss any details of Zahn’s “love book” or where exactly it was found, except to say, “She was indiscreet.”

The former CNN anchor’s affair with Fribourg became public knowledge in April, when it was announced that Zahn and Cohen were parting ways after 20 years.

“He’s told friends her affair just took his heart out,” the pal said.

Friends said Cohen had believed the relationship was a recent development, but Zahn’s book shows their relationship was much more “long-term” than Cohen had ever suspected.

Let me just state for the record that I am absolutely, positively opposed to criminalizing marital affairs. BUT…

Zahn, 51, and Cohen haven’t yet filed divorce papers, and Cohen’s friends said he thought they were trying to work out an amicable agreement until Friday, when Zahn socked him with a lawsuit demanding he account for the whereabouts of her estimated $25 million in earnings over the past 20 years.

The suit accused Cohen, who’s acted as Zahn’s financial manager since 1986, of putting much of her money into “highly illiquid limited liability companies.”

It also charged that “some of her earnings had been diverted to Mr. Cohen’s individual account . . . for his own use and benefit.”

…there is something especially unseemly about swimming through life like a shark, grabbing what you can, and then once the feeding frenzy comes to a stop for whatever reason suddenly insisting that everything in life should pasteurized and it all ought to be fair. Regardless of my personal preferences about what people should & shouldn’t do, I’m impressed with the realization that an institution that has degraded to this level, cannot possibly endure long. That goes for the institution of marriage, and it goes for civilization as well.

Does that mean unfaithful spouses should leave a marriage with just the clothes on their backs, and be happy they got just that? Well…yes. I guess that’s exactly what I’m saying. Husbands too.

What kind of integrity can we bring to contracts we sign in all other aspects of life — apartment leases, auto loans, mortgages, employment contracts, whatever — if it’s codified into civil law that people can enter into marriages, and just live the parts of the marriage that they happen to like, abandoning the rest? To allow that to go on, redefines adults into children.

I say, let’s start respecting choice. If adulterers want to live a life of adventure, we should let them…and make it so they can keep “their” property right up until they get caught. Seriously, what is the downside of that? Think of the alternative. The alternative is to say that one party in a contract can exploit the other party, by declaring when life is a “Lord of the Flies” chapter — and when life is to be utterly sterilized of anything that might be regarded as unfair…simply by being the first between the two parties to so declare. It would be saying whoever gets the pork chop is the first one to grab it off the plate. That is the antithesis of civilization itself. It’s NOT a private matter, it affects us all, in fact it’s a shame on all of us that we’ve put up with this.

Adulterers are scum. Unfaithful husbands, unfaithful wives — if they don’t like their lives, let them start new ones. Fresh, clean, and possession free, like the minute they were born.

On Stare Decisis

Tuesday, July 31st, 2007

Speaking of Rick, I was thinking about this disturbing quote from last week that he’s resurrected to haunt Sen. Charles Schumer. It seems the accident that befell Chief Justice John Roberts has the potential to be more serious than I, for one, was led to believe.

Of course, Schumer’s partisan ramblings are no more tasteless now than they were before the accident. That is not the point. Lord knows, I’ve got my share of salty things I’ve said about political opponents, and I hope no harm comes to those opponents but you never know. And of course I’d feel awful about it, and my words would stand as an albatross around my neck. So Schumer’s embarrassment here, assuming he’s decent enough to have some, is something I see as a “There but for the grace of God” thing.

But with apologies to the senior Senator from the state of New York, I do think there’s something worth inspecting here. The issue is this legal principle that so recently was sensibly enshrouded in elitist cloaking and dead language, called stare decisis.

Were we duped? Were we hoodwinked? Were we too easily impressed with the charm of the nominee Roberts and the erudition of nominee Alito? In case after case, our most recently confirmed justices have appeared to jettison decisions recently authored by their immediate predecessors. Although Roberts and Alito both expressed their profound respect for stare decisis at their confirmation hearings, many of their decisions have flouted precedent.

Now, Latin is a language that was never in common use in the United States. Someone in American history, therefore, made a conscious decision that this principle would be a good one to insulate from the knock’em sock’em robot arena of populist frenzy. I wonder what that someone would think about an elected official trying to agitate the elecorate into a convenient sentiment that the judicial branch is due for a shakeup due to stare decisis issues.

The complete phrase is stare decisis et non quieta movere which translates roughly to “stand by decisions and don’t disturb settled matters” or “stand by decisions and do not move that which is quiet.”

And my observation is this:

Lately, whenever liberals complain about stare decisis, it seems to me they’re never addressing that which is quiet. Quite to the contrary, the issue at hand is something rather tempestuous, officious, vibrant and lively…anything but settled. I can’t think of a single exception to this.

In fact, I’ll go further. Lately, it seems whenever the Supreme Court hands down an opinion that “flouts the principle of stare decisis” by sending a fox running over the grave of previous decisions our liberals would just as soon see undisturbed — if you look at those previous rulings, you’ll find about as much stare decisis as you’ll find under my toenails when they need a good clipping.

In other words, liberals like decided opinions to stay decided, if & only if those decided opinions, themselves, stirred everything up and shook it all upside-down.

It’s a good thing I’m not on the Supreme Court. My decisions, of course, would be quite correct because I make a lot of sense. But the comments I’d be unable to restrain myself from making in the aftermath, would be disastrous. I’d defend myself by saying something accurate and profoundly stupid, like “Hell yeah I promised I’d uphold stare decisis, and that’s why I voted to overturn that decision from the Warren/Burger courts that they’re mad at us for overturning. Because man, that pig-in-a-poke just sucked at stare decisis.”

And that would get me run out of town on a rail. But I believe it would have the potential to start a debate we desperately need to have in this country. There are a lot of decisions from the Supreme Court, still on the books, that suck at stare decisis. Liberals like Schumer have taken on this unfortunate and insulting habit of using that obscure Latin phraseology, which they damn well know their constituents don’t understand overall, to inflict a great assault on stare decisis under the guise of presumably defending it.

Anyway. Best wishes go out to John Roberts. He seems to be, personally, a very decent man and he’s exactly what the Supreme Court needs at this time. Signs look good. Once my wish is granted that he resume his station in full possession of his health and faculties, I’m sure history will record him to be President Bush’s second-greatest achievement.

On Letting Guilty People Go Free

Thursday, July 12th, 2007

Republican campaign managers, if you don’t get some juice out of this next year and things turn out as bad as all the talking-heads are predicting, you should seriously consider a different line of work.

The day after Orleans Parish District Attorney Eddie Jordan jettisoned his case against a man accused of gunning down five teenagers last summer — which his office blamed on the disappearance of the sole witness — the New Orleans Police Department homicide unit announced they had located the woman in a matter of hours.

The dropped case also provoked a sharp rebuke from Mayor Ray Nagin, who issued a scathing written statement about the case, calling it part of a “disturbing pattern” of Jordan failing to even ask for assistance from other law enforcement agencies.

“This pattern from the District Attorney’s office is unacceptable and must improve immediately or I will ask the Attorney General to conduct a full investigation into this office,” said Nagin in an unusually pointed criticism of another elected official.

I have often heard it said the public must remain vigilant in making sure all levels of government safeguard and respect something called “our civil liberties.” I agree. Governments have a propensity for offering dilatory support to the rights of the individuals they govern, and then to embark on a slippery slope, ending with outright oppression against the citizens in whose name they rule. History shows all forms of government to be sneaky about this; sometimes, amazingly so.

But history shows we should be vigilant in safeguarding something else: Justice. The United States government, and by that I mean the “big” one — not the feds, but all levels of government in this country — has shown itself distastefully receptive to a disturbing school of thought that says: “Fairness” is measured by keeping everyone out of jail, not by putting people in who might belong there. Once you’ve collared a genuinely dangerous bad guy, go ahead and throw the fish back. You’re doing alright, as long as you don’t send innocent people to jail. You can release guilty guy after guilty guy after guilty guy, for any reason at all, and your system is still “fair” and surely your electorate will be honor-bound to regard you that way.

I mean, they have to, right? William Blackstone himself, author of much of the analysis of the British legal system upon which our own Constitution was based, said in a quote commonly misattributed to Thomas Jefferson, “It is better that ten guilty persons escape than one innocent suffer.”

Well, it seems he did say it. But through the centuries, I maintain this has been interpreted as incorrectly as it has been credited. We have this unfortunate tendency to view this dictum as a release from any culpability in failing to prosecute guilty people. It was never intended to be taken as “hey, releasing guilty people, nothing wrong with that.” I know of no evidence anywhere, that would suggest William Blackstone thought it was cool to dream up brand-new creative ways to let guilty people go, year after year. But for reasons that have never been satisfactorily explained to me, this is exactly what we end up doing. A good reason for letting a guilty man out of custody in the 1980’s, worked fine in the 1990’s but might have been a little bit tired by then…like tube socks or big hair. So with a new decade, we need new fashions and new reasons to let dangerous killers out of jail. With another new decade, we need more reasons still. We don’t demand justice, we demand imagination in inventing new rationales for letting criminals go. Through the decades since World War II, we’ve shown ourselves to be remarkably energetic and creative about it.

Nor have I — funny old bird that I am — ever thought of this as an absolute. Better than one innocent suffer? Suffer from what? Better that ten guilty persons escape? Guilty of what?

Could you take this to mean it’s better to release ten homicidal pedophiles, each of whom have solidly promised to re-offend as many times as they possibly can, than to allow an innocent person to be interrogated? Or to spend a single night in the hoosegow? I do not know if that is what Blackstone meant. I doubt it. But again, that is very close to the interpretation we have come to apply over the years. Justice is to be de-fanged, to the point that very few feel safe anymore, and that the few among us who can be blissfully unconcerned about violent crime, are limited to those who live in better-than-average neighborhoods. So that we can be secure in our “constitutional rights.” Except…people make a grand show about their insecurities in those too.

And here’s another pet peeve of mine: We don’t even call them constitutional rights anymore, because when you call them that you have to go look up the passage that is supposed to guarantee what you think you can convince someone you’ve been denied. That’s work. We don’t like to work when we bitch about things, we just like to bitch. So we call them “civil liberties” instead…it’s easier to use that as a lazy figure of speech. You want to bellyache but you don’t want to do any homework and mount a concrete argument, about how you were previously guaranteed something that has not been forthcoming, or that has been rescinded. So you call it a civil liberty. Poof. Problem solved. No work.

So for all the careful design all these hard-working, educated, cautious men did 220 years ago — most of us would sign on to the statement that they did a bang-up job, but not too many would agree it’s in great shape now. We’ve given up our ability and our responsibility to punish the guilty, so our “rights” would be safeguarded. Where’s the payoff? Those among us who have been most energetic about releasing murderers, are going to be the first to claim the rights are gone forever — and they’re going to blame George W. Bush, usually without even bothering to pretend to find the right that’s gone missing.

Wikipedia reports that in 2003 and 2004, the murder conviction rate in District Attorney Jordan’s jurisdiction was 12%, versus the national average of 80%. I can’t find a source for this. But the general flavor of what I can find, seems to settle the matter unambiguously: This boondoggle with the witness is the latest of many, and Jordan does suck, large.

Watch a movie made between 1970 and 1975. Pick one out at random. It’s probably a cop who refuses to play by the rules, gets yelled at by a Lieutenant with high blood pressure, is constantly involved in shootouts with “perps,” right? Why did we have a glut of such movies 35 years ago…it wasn’t just the next new hot thing after cowboy movies. We were sick to death of violent crime. We didn’t have faith in our justice system anymore. How did Republicans take over the White House, with a mediocre President who had such little “cred” with the younger generation — even before the Watergate scandal? What brought the unstoppable Camelot to an end?

It wasn’t a general malaise caused by Vietnam. It wasn’t bigots in the Deep South revolting after the Civil Rights Act. It was violent crime. If you were a young man with a low lottery number, you lost your freedom, but your transgression was to shoot liquor store clerks and disabled old people for thirty bucks in cash, you could keep it. The only question was what legal loophole was going to be used by your attorney to get you sprung. But it would almost certainly work.

We’re headed there again, I’m afraid. What an endless assortment we have of arcane legal maneuvering, procedural loopholes, District Attorney “oopsies,” and judicial fiats to get the guilty people out of jail and back on the streets. Nobody has bothered to keep up with this menagerie of piercings and flesh wounds and pinholes in our justice system…even though they’re all there.

I’m told we’re fed up with the War on Terror. The electorate is ready to pay more attention to domestic issues, and to vote on them. Well, here’s a big one.

For The Anti-Death-Penalty Types X

Monday, April 16th, 2007

Okay as a science fiction writer, how would you set this up. How would you write the ultimate parable about a dystopian society with a confused, irrational opposition to the death penalty.

How about…how about this.

A rapist and butcher of young girls, who has been spared the death penalty due to his traumatic childhood on previous occasions — has wearied of the exercise and now taken the initiative to bar his boyhood exigencies from his latest trial. Let us say — he says this: “If they sentence me to death, I’m good to go.”

Write that up. Whatsamatta, you afraid no publisher would accept it? Too unrealistic?

Behold.

James Leslie Karis Jr. said neither his tormented childhood nor his severe psychological problems could lessen his responsibility for what he called a cold-blooded attack on two women 25 years ago.
:
Karis was 27 when he kidnapped two county welfare workers on their morning break and drove them to a remote spot five miles north of Placerville.

He ordered the women to undress, tied them up and raped one. Afterward, he made the women dress and turn around. They pleaded for their lives and prayed aloud, but Karis shot them in the back and neck. Peggy Pennington, 34, died. The other woman survived to identify Karis.

He was caught during another kidnapping and attempted rape in Sonoma County.

Despite his second chance, Karis has dismissed the experts’ assessments as “psychobabble.” He said he’d rather be executed than spend the rest of his life in prison.

“If they sentence me to death,” he said Thursday, “I’m good to go.”

Sacrameto Bee has a more beefed-out story with a good bit more detail:

One of the women died, but the other, who had pretended to be dead, later identified Karis as her assailant. His trial was moved from El Dorado County to Sacramento Superior Court, where he was convicted and sentenced to death.

In 1998, appellate lawyers persuaded U.S. District Judge Lawrence Karlton to overturn Karis’ death sentence, and Karlton’s decision was upheld by the federal 9th U.S. Circuit Court of Appeals.

Karlton concluded the jurors who sentenced Karis to death might have ruled differently if his attorneys had presented evidence of his abusive childhood.

Leaving the convictions in place, the judge ordered Karis resentenced to life in prison without the possibility of parole unless a new penalty phase was initiated by prosecutors.

It was, and preparations — including an intensive jury selection process — have been under way for months.

But Thursday morning, just as proceedings were about to start, Karis asked Judge Trena Burger-Plavan for permission to dismiss his lawyers, Michael Bigelow and Steven Bailey, and to represent himself.

Karis said he did not agree with Bigelow’s strategy to present evidence of his childhood traumas.

“He’s going to drag out the defense for two months with all this garbage about my family history, my background, and all that stuff which doesn’t really amount to a hill of beans, in my opinion,” he said, according to a transcript of the session. “And that’s why I choose to defend myself.”

Karis said he would rather return quickly to death row at San Quentin Prison than spend more time in the Sacramento County jail.

“I want to get out of Sacramento as fast as possible,” he told the judge. “I want this trial to be as short as possible.”

“I just want to get back to the row and do my time until they execute me,” he said. “I don’t really care if I get the death penalty.”

So we got here a situation where someone’s guilty as sin, and we use bullshit to keep him alive. To the extent that the guilty person tires of the bullshit and it’s up to him to say…just knock it off.

Because, hey. We can’t recognize that internally without him pointing it out. Our justice system is just too…enlightened.

Olbermann’s Best Person

Monday, April 9th, 2007

Keith Olbermann has a “shocking announcement” to make. Why don’t you watch it.

Regarding the O’Reilly/Rivera dust-up: Those two have kissed & made-up. Which is to say, they & their bosses figured out the publicity value involved in the little drama had exceeded the point of diminishing returns, and they’re telling us what they think they need to tell us in order to keep the ratings high.

What to make of this? Well I agree with this editorial over here:

Fox broadcaster Bill O’Reilly has certainly stirred up the city of Virginia Beach. Two Virginia Beach teenagers Alison Kunhardt, 17, and Tessa Tranchant, 16, were killed recently when their car was slammed into by a vehicle driven by Alfredo Ramos, 22. Ramos is an illegal alien with a record of three-alcohol-related convictions.

Mr. O’Reilly has criticized the lenient sentences Ramos received in his prior DUI convictions and attacked Virginia Beach for basically providing “sanctuary” for illegal aliens.

In defending his city, Virginia Beach police chief Jake Jacocks made a stunning statement. He said he found it “ironic that had the intoxicated driver been born and raised in Virginia Beach, little notice would have been given to this senseless tragedy by the media or the community at large.

If that’s true, it’s appalling. A great deal of notice should have been given when a man has been convicted of DUI three times is still on the road. The driver should have been in jail.

In jail, and/or out of the country.

However, the rest of the Chief’s comments do carry a certain logic. Immigration enforcement is the responsibility of the feds. I’ve not yet seen any facts to confound the notion that O’Reilly is, effectively, making scapegoats out of the Virginia Beach city officials for a problem that primarily rests with the federal government.

That’s O’Reilly’s first mistake. Losing his temper was his second.

But if he must blow his stack sometime, what a great occasion for it. What exactly was wrong with O’Reilly’s indignation, Geraldo didn’t say; I don’t think he can do so. I’m absolutely confident that the salivating fans of Olbermann and Rivera can’t tell me, or if they do, their answer will be anything but unified from person-to-person. What did Rivera say word for word…something about illegal immigrants committing fewer crimes than citizens? That’s a load of crap. Illegal immigrants are lawbreakers by definition. If there are statistics that say they commit fewer crimes, that’s a sign that the method of gathering the statistics is busted.

And how could you expect the method not to be busted? You’d be comparing more-or-less complete records, with incomplete ones. That’s what illlegal means — you don’t know the record. Geraldo understands this.

So since he’s proven himself utterly untrustworthy and completely unconcerned with the truth, I’ll state his argument for him. Geraldo is from the anarchy crowd. Anti-law-and-order. Some of us are weary of seeing people hurt by malicious or negligent people, and we want something done about it — other folks are mad at us for becoming weary, and have drummed up a plethora of reasons why we shouldn’t be weary yet. But they aren’t defending any principle. They’re just suspicious of human machineries dedicated to law-and-order. They don’t trust them, and for this reason, prefer chaos. They’re prejudiced against the idea of Matt Dillon riding in to town and locking up the guy in the black hat. They have a childish desire to see Matt Dillon gunned down instead, and as for the guy in the black hat, well, let the chips fall where they may.

Keith Olbermann, according to his own remarks, has also engaged in a “first.” He’s handed out a “Best Person” award. For what? Well, I’ve given a summary of the reason in the preceding paragraph. It is the only coherent one you’re going to see; you’ll certainly see nothing clearer or plainer coming from the folks who agree with Olbermann and Rivera. The point about discriminating against illegal aliens, is a complete crock. We’re supposed to discriminate against them. They’re criminals. The point about illegal aliens not breaking the law, is an even bigger crock.

In my book, this shows Olbermann is in favor of people getting drunk and killing other people, as long as the drunk driver is an illegal alien. I’m sure that notion gets under the skin of a lot of readers, and I’m sure a lot of them think I’m curtailing someone’s rights…even though, all I’m doing is making up my own mind as a private citizen, and writing it down. But unlike Rivera, Olby made his comments without anyone talking over him. He had plenty of time to say what he wanted to say. And what I saw was 1) O’Reilly pointed out the deaths were utterly preventable and that city officials should be held accountable; 2) Rivera gave a bunch of bullshit reasons why this is not the case; 3) O’Reilly lost his cool; 4) Olbermann — for reasons he’s afraid to state, or thinks unnecessary to state, or both — gave Rivera the first-ever “Best Person” award. An award he could have handed out at any other time over the last two years. For anything. He thought this was the right occasion. Making a stand for………illegal immigrants who break into the country, and get drunk, and use their cars as weapons and kill girls. He wanted now to be the time, so he could be crystal-clear about what he supports and what he opposes.

Am I to conclude something else?

I Knew There Was Something About Her

Tuesday, March 6th, 2007

I wish it were easier for me to get ahold of hard news and information about Sacramento Mayor Heather Fargo.

She’s a Democrat; she’s a woman; she’s anti-war; she’s got names in her rolodex and other folks have her name in theirs; and, she has an illness. So my local newspaper won’t say too much about her that isn’t fawning and glittery. Very little that is issue-related.

It’s up to the bloggers. Hey, that’s one of the nice things about being alive right now. Thanks Jen.

I just knew there was something about Her Honor that rubbed me the wrong way.

Talking About Crime Commissions

Last week I wrote about Sacramento’s useless Mayor Heather Fargo, and her idea of fighting crime and gangs: A Youth Commission of Sacramento Area high school students to keep City Council abreast of “Youth-related issues.”

Instead of adding more cops to the already pittiful number (668 on the street), Heather and her merry band of Council Nitwits want to talk more about the problem. In what amounts to a typical liberal response to a very real problem, Sacramento City Council lead by Mayor Heather Fargo established a “youth czar” position to coordinate prevention and intervention programs.

On Libby’s Trial

Sunday, February 4th, 2007

I can see there is one forensic skill that has risen to involve paramount importance in reading about the Libby trial: The ability to distinguish objective statements from subjective ones. I’ve come to that conclusion because over time, I’ve observed a skill that has snowballed into a crushing level of weight and importance in writing about the trial, involves mixing objective and subjective statements together so that they all look alike.

Yeah, that’s right. On this subject, writers and readers assume opposite roles in an inimical relationship. Writers seek to bewilder and confuse readers, and the few readers who are interested and genuinely curious, seek to drag said truth kicking-and-screaming out of the writers.

What else am I supposed to think. After all, what happened here — within the story. What’s the most that could have happened, and what’s the least that could have happened.

Cheney’s shadow hangs over Libby trial
Testimony points out his role in trying to dampen Joseph Wilson’s criticism
By R. Jeffrey Smith and Carol D. Leonnig
Washington Post Staff Writers
Updated: 9:37 p.m. PT Feb 3, 2007

Vice President Cheney’s press officer, Cathie Martin, approached his chief of staff, I. Lewis “Scooter” Libby, on Air Force Two on July 12, 2003, to ask how she should respond to journalists’ questions about Joseph C. Wilson IV. Libby looked over one of the reporters’ questions and told Martin: “Well, let me go talk to the boss and I’ll be back.”

On Libby’s return, Martin testified in federal court last week, he brought a card with detailed replies dictated by Cheney, including a highly partisan, incomplete summary of Wilson’s investigation into Iraq’s suspected weapons of mass destruction program.

Libby subsequently called a reporter, read him the statement, and said — according to the reporter — he had “heard” that Wilson’s investigation was instigated by his wife, an employee at the CIA, later identified as Valerie Plame. The reporter, Matthew Cooper of Time magazine, was one of five people with whom Libby discussed Plame’s CIA status during those critical weeks that summer.

Highly partisan, incomplete summary. Those descriptors are subjective, not objective — you don’t find them to be “true,” instead, you either agree with them or you don’t. So what happened? Scooter Libby, apparently after having consulted with the Vice President, produced a summary of Wilson’s fishing expedition that left out something someone else would have wanted left in. Oh, NOES!!! The Vice President is doing things different than the way things would have been done by someone else who is not the Vice President!

I mean, am I misreading that? In what way?

Read the rest of the story. It seems to imply that Libby just found out from Vice President Cheney that Joseph Wilson’s wife had a hand in sending the ambassador to Nigeria, and lied by omission when he said “he had heard” this was the case. If indeed that is what the story is implying, do we have that information? And come to think of it, what would that be, objective or subjective? You could say it’s objective…you could…if it could be objectively measured that Scooter should’ve spilled what someone else thinks Scooter should’ve spilled. Well, the phrase “someone else thinks” removes this matter from the realm of objectivity.

That doesn’t mean it shouldn’t be mentioned. What it means is, by itself, this is not news.

There are two defenses I can see that are suitable for both Libby and the Vice President’s office. They both deal with the “perjury trap.” The first comes under the category of “Things That Make You Go Hmmmm” and it is from, of all people, Ann Coulter.

The way Libby remembered it, NBC’s Tim Russert was the first one to tell him. But the way Russert remembers it, he didn’t tell Libby about Wilson’s wife. (And the way Wilson remembers it, he was sent to Niger by Captain Kirk of the Starship Enterprise.)

Try this: Who told you Wilson was sent to Niger by his wife? Who told you a bipartisan Senate panel concluded that Joe Wilson was lying when he denied that his wife had sent him to Niger? While we’re at it, who was the first person to correct you on your pronunciation of “Niger”? I don’t remember, either — and I’m not running a war.

The second is the product of a Clinton-lovin’ liberal by the name of Marc Perkel and, as such, it relies on confusing the objective with the subjective. Like they say in hokey pokey…that’s what it’s all about. The specific subjective notion is that the perjury trap is “abhorrent.” It must be abhorrent, because a court found it to be abhorrent.

Oh no, Perkel’s comments are not written with regard to Scooter Libby’s trial. The subject is Clinton’s impeachment trial in the Senate. I’m gonna rag on this guy for a few paragraphs. His introduction promises, by implication, a logically durable argument and he doesn’t deliver.

Perjury Trap / Legal Perspective / Definitions

In the case of United States vs. Chen, 933 F.2d 793, 796-97, A perjury trap is created when the government calls a witness before the grand jury for the primary purpose of obtaining testimony from him in order to prosecute him later for perjury. United States v. Simone, 627 F. Supp. 1264, 1268 (D. N.J. 1986) (perjury trap involves “the deliberate use of a judicial proceeding to secure perjured testimony, a concept in itself abhorrent”). It involves the government’s use of its investigatory powers to secure a perjury indictment on matters which are neither material nor germane to a legitimate ongoing investigation of the grand jury. See United States v. Crisconi, 520 F. Supp. 915, 920 (D. Del. 1981). Such governmental conduct might violate a defendant’s fifth amendment right to due process, Simone, 627 F. Supp. at 1267-72, or be an abuse of grand jury proceedings, Crisconi, 520 F. Supp. at 920. See generally Gershman, The “Perjury Trap”, 129 U. Pa. L. Rev. 624, 683 (1981).

The Chen case goes on to say, “If a court divines that the purpose of repetitious questioning is to coax a witness into the commission of perjury . . . such conduct would be an abuse of the grand jury process.”

Perjury Trap as applied to President Clinton

The facts of the matter are rather obvious. This whole process, ever since Starr was appointed was an Impeachment in search of a Crime. Having investigated Whitewater, TravelGate, FileGate, the Foster Suicide, and a number of other artificial scandals, and having failed to find a crime, Starr was running out of things to investigate. Then one day Linda Tripp comes forward with a tape of Monica Lewinsky talking about having sexual contact (not sexual relations) with the President. Starr interviewed her without a lawyer and attempted to put a wire on her to get the President.

In spite of the fact that Starr had actual knowledge of the Lewinsky affair, he failed to reveal his knowledge to the President’s counsel. The idea was to catch the President by surprise in the Jones deposition. As we all know, having sex is neither a criminal act nor an impeachable offense. However, it is extremely embarrassing and it is something that most of us would tend to lie about. In fact, we as a society have a lot of sexual phobias and because we Americans can not face our own sexuality, we as a society deal with it by lying about sex. In other words, lying about sex is an established American custom. I would point out that although most people consider the President’s behavior to be sinful, sexual behavior is a human instinct that is more powerful than reason and is necessary for reproduction; and, if not for such instincts as depicted by the President’s behavior, the human race would have been extinct millions of years ago. But that’s another argum ent that I will save for another day. My point here is that because our American culture will not face sexual behavior from a realistic perspective, it is normal and expected in our society to lie about sex. This is especially true if you are an elected official.

Perkel leverages this reasoning with “the combination my of legal skills, my political skills, and the logical disciplines my of being [sic] a computer programmer.” It is the last of those, grammatically scrambled as it may be, for which I have the most respect. It is the only one of his credentials I can match, and I apply reasoning skills to what I’m reading in the news each and every day — skills I wouldn’t have if I hadn’t programmed computers.

But there are some key differences between Mr. Perkel’s background and mine.

For one thing, I would never use my achievements as a computer programmer, just by themselves, to convince someone to listen to the wisdom of my argument. It’s pretentious, and I think it would be ineffective. People don’t understand it. Anyone who does understand where such an argument is going, probably understands it because they’ve programmed computers themselves, and I can pretty much promise they will look at it differently. You’ve got better-than-even odds they’ll figure out that programming is an activity you might as well just pass up if you lack the reasoning and deductive skills to look at things, and figure out what they mean. And to strategize. And to organize. But — people being the way they are, if a hostile mindset does indeed have this background, he’ll use it to fortify his own argument.

“That guy’s programmed computers. He must have strong reasoning skills. I’d better listen to him.” Never heard anyone express those ideas in sequence…about me or about anyone else. It’s just not the way people work.

And that brings me to the second difference.

If an observer does indeed have adequate reasoning skills, from the experiences of computer programming or from something else, the application of those skills to Mr. Perkel’s argument is going to take place as his argument is pursued. One statement at a time. As a thesis. What’s Mr. Perkel’s thesis? Perjury traps may violate the fifth amendment. He found a court that says they do, and that they are abhorrent…although he concedes the Supreme Court has yet to comment on the issue. But it’s all a red herring in Clinton’s case anyway, because “lying about sex is an established American custom.”

I wonder what this guy has programmed. Here he is writing about the “logical disciplines” he has from his computer programming, carefully defining where the legal jurisprudence has been created and where it has not been created, and then rather than following this logically he just dismisses it all by saying truth doesn’t matter.

So whatever a logical discipline means to him, at least within the scope of Clinton’s impeachment, it’s got something to do with a concept antithetical to what’s true…not something that rests upon what’s true or can establish what’s true.

Perhaps because of this, he’s lost track of — again — what’s objective and what’s subjective. Perjury traps are “abhorrent.” All right, I agree. But who says so? Just because Perkel and I agree on this, doesn’t make it universally so. It’s an opinionated statement. Someone else might say otherwise. And…lying is expected in matters of sex. Really? Even in grand jury testimony? Expected by who?

ClippyHey, ever use software built by a computer programmer wholly unaccustomed to dealing with the viewpoints of others? It’s pretty frustrating, and most computer users have been through the experience at least once. Maybe Mr. Perkel has unintentionally identified what’s wrong with how some computer applications are built. Computer programmer thinks when you’re writing a letter, you must want Mr. Clip-It to jump up and say “It looks like you are writing a letter!” and offer some helpful tips. Eh, very few people want that. But somewhere, a computer programmer figured out, heck, if he was the guy writing the letter he’d want to see Clippy. Ipso facto, that’s what everybody else wants too.

Does it work? Well speaking for myself, I’ve never met anyone who’s seen Clippy, who doesn’t want to kill him. He’s like Microsoft’s answer to Jar Jar Binks.

But some of our programmers live in tiny worlds, where Clippy is a sight for sore eyes. And lying about sex is expected. They’re simply unaccustomed to dealing with the viewpoints of others, unless said others already think in the same way. They may be experienced at figuring out what to type in to make the computer do this-or-that, but there’s other stuff to be done too. Like, when the computer does something else, you’ve got to figure out why it’s doing that. And even more importantly than that, and more germane to “logical disciplines” you pick up from programming and apply elsewhere — nobody’s actually going to tell you to make the computer do that. You’ve got to figure out what the user is going to want.

Mmmkay, anyway back to the subject at hand. Objective…subjective. As far as the modern culture and the prevailing viewpoint therein, and the history of that prevailing viewpoint — we’re at an interesting crossroads. People are acting mighty peculiar. Conservative, liberal, other…it seems everyone wants to be applauded for their ability to think things through. Nobody wants to be accused of thinking things, just because someone else gave them instructions to think those things.

But look at what’s up here. Scooter Libby hands Cathie Martin a note. Cathie Martin thinks something should have been on the note that isn’t there. She testifies to this effect and someone else figures this is news.

What useful information has been passed around here? Looks to me like we got some testimony out of Martin, that she thinks things should’ve been worded differently. No shit. I’m sure a lot of folks are going to think this post should have been worded differently. Did anything else newsworthy happen that day? Anything? Hello? Buuueeeellleerrr?

Best Sentence V

Saturday, January 13th, 2007

Via Hot Air, via Patterico…Allah, commenting on the sham of a case against the Duke Lacrosse players, and on the “accuser” therein, draws a reference to one of our favorite self-aggrandizing self-promoting self-disgraced liberal friends

I don’t want to be harsh, but her credibility is approaching Greenwaldian levels.

Eww.

Those uninitiated can get the needed background here, and those who are in-the-know and wanting to get a laugh out of it (assuming you somehow still haven’t seen this) can go here.

Good DAY, sir.

On Heavy Words…Like “Justice”

Saturday, December 30th, 2006

Let me begin with a crass generalization. Parents are like hostages, and soldiers in foxholes: They believe in God. All of them. If they are atheists, they have real doubts about their atheism that purebred died-in-the-wool atheists do not have. And if they say this is not the case, they’re lying. Certain situations, certain perspectives, give one cause to absorb the news that life hands us day-to-day, and seriously ponder whether a Supreme Intelligence is making itself evident.

HusseinAnd that’s the thing I can’t help but wonder, as I see Amnesty International turn the notion of “justice” on its head just as 2006 is coming to a close. In the protest they released against Saddam Hussein’s death sentence Thursday, they’ve managed to turn the concept of justice around a hundred and eighty degrees.

“The trial of Saddam Hussein and his seven co-accused before the Supreme Iraqi Criminal Tribunal (SICT) was deeply flawed and unfair, due to political interference which undermined the independence of the court and other serious failings,” sad Malcolm Smart, Director of Amnesty International’s Middle East and North Africa programme. “The Appeals Court should have addressed these deficiencies and ordered a fair re-trial, not simply confirmed the sentences as if all was satisfactory at the trial stage.”

“It was absolutely right that Saddam Hussein should be held to account for the massive violations of human rights committed by his regime, but justice requires a fair process and this, sadly, was far from that, “said Malcolm Smart.”The trial should have been a landmark in the establishment of the rule of law in Iraq after the decades of Saddam Hussein’s tyranny. It was an opportunity missed.”

Okay, let’s start with the points of agreement, between AI and myself: Massive violations of human rights. Justice demands a fair process. Mr. Smart and myself are in agreement here: Justice is the administration of a fair verdict and sentence, in the aftermath of violations.

Now somewhere after this common ground has passed underfoot, something has happened which has made Mr. Smart upset, something he regards as unfair. I do not know what it is. Mr. Smart doesn’t want to tell me what it is, and if he does, Amnesty International has whittled his comments down to size because apparently they do not want me to know what it is. It could be this highly meaningful assertion is based, entirely, on the concluding paragraph, which is the only text in the AI press release I can find that even approaches justification for the above:

The trial before the SICT, which began in October 2005 and concluded with the imposition of sentences on 5 November, was widely criticised due to political interference and the court’s failure to ensure the safety of witnesses and defence lawyers, three of whom were murdered during the course of the proceedings, and for failing to establish an effective case against the accused.

I really do hope they got something better than that. “Failure to ensure the safety of witnesses and defence lawyers, three of whom were murdered during the course of the proceedings” simply means that justice is a sufficiently serious concern that people are willing to put their lives on the line to get it. The defense is to be commended for this…as is the prosecution, officers of the court, and everyone else involved. “Failing to establish an effective case against the accused” is nothing but a practical contradiction of the second paragraph quoted above. The dude did his stuff, or else he didn’t. Looks like he did; the court said so, and the facts say so. Moving on.

Thanks to Captain’s Quarters it was brought to our attention Friday that — surprise — the New York Times is none to fond of Saddam’s death sentence, either. And I cannot help noticing the Paper of Record, well-known as our nation’s journalistic flagship, picked up this mostly-unexplained and mostly-unexplored concept of “missed opportunity” and passed it on down, unskeptically, uncritically. In some passages, on a word-for-word basis. History demands it will then be echoed and re-echoed, like everything else that comes out of the Times. Such-and-such Tribune, So-and-so Herald, Mayberry Gazette, on and on and on…their editors read it in the Times, so it must be so.

What really mattered was whether an Iraq freed from [Saddam Hussein’s] death grip could hold him accountable in a way that nurtured hope for a better future. A carefully conducted, scrupulously fair trial could have helped undo some of the damage inflicted by his rule. It could have set a precedent for the rule of law in a country scarred by decades of arbitrary vindictiveness…It could have, but it didn’t. After a flawed, politicized and divisive trial, Mr. Hussein was handed his sentence: death by hanging. This week, in a cursory 15-minute proceeding, an appeals court upheld that sentence and ordered that it be carried out posthaste…What might have been a watershed now seems another lost opportunity. After nearly four years of war and thousands of American and Iraqi deaths, it is ever harder to be sure whether anything fundamental has changed for the better in Iraq.

And ladies and gentlemen, there you have it. Poor ol’ 2006 is destined to spin its bones in its grave as it’s retirement is marked by a renewed demonstration of how what’s reported becomes the polar opposite of what’s really happening. Some cranky international activist group like Amnesty International says something was amiss, the Old Gray Lady repeats it, and then from sea to shining sea we’re going to be sold on the proposition that there’s no elephant in the room and no man behind the curtain.

That’s the spin. What does the evidence say, meanwhile? Saddam was guilty of violations and deserved to die — undisputed. He got what he had comin’ to him — measurable.

And here’s where I start to think The Lord works in mysterious ways. It is the eve of a new year; a time when we’re inspired to reflect on the way we’ve been doing things, and find ways to do them better, while keeping an open mind about perhaps doing entirely new things.

And AI, and the Old Gray Lady, make their intentions a little too clear about the word “justice.” They seek to re-define it to something beyond what it really is. Time we had some sort of symposium on what the J-word means. Here in the U.S., it’s a little overdue. Call me a hick, call me a NASCAR hillbilly if you want. Call me white trash. But I do believe the Good Lord wants us to put a little more thought into what justice is. I think He’s a little cheesed-off at the way we’ve been throwing the word around for the last generation plus. I think He put the itch between the ears of our Armani-suited anarchists, so they would sound off RIGHT now, as a way to inspire us to call out their bullshit.

Again: Let us start with the area of agreement. “Justice” means to get what’s comin’ to ya. It is, ultimately, a subjective thing that exists in the mind of the observer, which sometimes can present some problems. In the case of Saddam Hussein, it does not present a problem. He was a bad guy. Nobody with a reputation worth protecting, seeks to assert anything different. So when we look up “justice” in the dictionary, we find

1. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause.
2. rightfulness or lawfulness, as of a claim or title; justness of ground or reason: to complain with justice.
3. the moral principle determining just conduct.
4. conformity to this principle, as manifested in conduct; just conduct, dealing, or treatment.
5. the administering of deserved punishment or reward.
6. the maintenance or administration of what is just by law, as by judicial or other proceedings: a court of justice.
7. judgment of persons or causes by judicial process: to administer justice in a community.
8. a judicial officer; a judge or magistrate.

And I’m thinking definitions #4, #5 and #7 are closest to what we’re pondering here. Note that in all cases, even clear-cut ones like Mr. Hussein’s, this is a matter of opinion. Other cases are not so clear-cut. I go out and get a pet ferret, pet ferrets are illegal where I live, you might say I deserve to spend a year in jail. Other people might say the ferret law is stupid, and I don’t deserve any penalty at all. Someone else, yet, might think the ferret law is so unjust that I deserve a reward for opposing it. These are all legitimate opinions; what makes them so, assuming nothing else does, is that there are no known facts that directly contradict those opinions.

But it’s worth pointing out again: Such opinions are not represented in Saddam Hussein’s situation. It is agreed that he is guilty of wretched human violations. That he deserves death is agreed ipso facto. This would be a great time to make a stand against the death penalty, if one is inclined to do so — Amnesty Internatonal is not known for hawkish attitudes where the ultimate punishment is concerned — and in the situation at hand, nobody bothers to lift a finger. Their efforts to confuse the issue, exuberant and enthusiastic as they are, are confined to way the sentence was handed down and do not touch on the sentence itself. Well, that certainly says something.

With that observation, let’s venture forward into the area where we disagree. Those who seek to incite in me some kind of frustration with the way Saddam’s trial was executed (or denied a re-trial), have adhered to a trend of stopping with the argument right after defining this as their stated intent. They define this as the purpose and — right away! — it’s time to whip up the emotions. No logic involved at all. I have been instructed to believe the process is flawed. The particulars of the flaw, are left unmentioned. That says something too; I’ve read all the way through AI’s condemnation, and the Times’ as well. Every word of both of ’em. Not lengthy epistles by any means, but I would expect that in this exercise I would trip across some foundation. All I got was a snarky observation at the end of Amnesty International’s little tome, to the effect that being involved in the trial was a deadly and dangerous thing.

That’s all I got out of both opinion pieces.

And you know what that tells me? Justice triumphed — where politically motivated people on both sides of the issue sought to thwart it, were willing to kill to confound it. Justice was attacked, and emerged victorious. Hey, champagne all around.

And yet, it seems safe to infer this brightened no one’s day at Amnesty International, or on the editorial board of the New York Times. These folks remain peeved about something…they’ve availed themselves no shortage of opportunity to say what it is…they will not say what it is. Personally, I doubt they want anyone to know what it is. But the better-late-than-never symposium on what justice means — awaits. So let’s give them the full benefit of the doubt, every smidgen of it. Let’s say Saddam Hussein’s trial was flawed and unfair, to such an odious extent that “what might have been a watershed now seems another lost opportunity,” even though those who say this is so, refuse to say why this is. Let’s just go with that anyway.

Is that not justice? You do something awful, and “just desserts” come to you, while the process by which they are delivered, is flawed? It’s still justice, isn’t it? Therein lies the question we’ve been needing to resolve for nearly half a century. So let’s take a look.

Well, move the question-at-hand to some other situation to take the emotion out of it. A hypothetical. I swindle some old widow out of her life savings, which is decidedly a bad thing to do. I invest my ill-gotten gains in the futures market on some kind of “sure thing” — my broker somehow screws up the order. Wrong delivery date on the commodity, or wrong commodity. I lose everything. Stupid broker! What a flawed process. He’s just asking to be sued…but of course, I can’t bring much of a suit now because I have no money. Unjust? Really? Who would say so?

Ever seen “Trading Places” with Dan Akroyd and Eddie Murphy? The one where Jamie Lee Curtis…yowza. Well, I digress, so let me wipe the drool out of the keyboard and continue onward. Remember the ending? What happened to Ralph Bellamy and Don Ameche? Flawed process. The characters played by Akroyd and Murphy, it would seem, are guilty of several felonies — assuming they got caught, or failed to deliver on the orange juice contracts, neither one of which really happened. Badly flawed process. Unjust? Or, were Bellamy and Ameche’s characters “held accountable in a way that nurtured hope for a better future?” Hey, if anyone thought not, it wouldn’t have been funny.

How about acts of violence? How about if I shoot you from some distance for no reason…but since I’m a lousy shot, the bullet misses you, bounces off something, and nails me right between the eyes? Hey, that’s a pretty thoughtless process! I don’t get an appeal for my sentencing! Darn it, someone should do something. It doesn’t nurture my hopes for a better future at all! But what of it? I think everyone would agree there’s “justice” involved in that. Even most people opposed to the death penalty would be on board with that.

So the question I have for Amnesty International and the New York Times — and all of us, as we begin a new year — is this: How come we’re supposed to re-define “justice” from what we all know it really is…just because a human process is involved? What’s different, other than the potential for abuse of the retrial process in artificial proceedings? Mr. Smart, unlike the editorial board of our nation’s most prestigious newspaper, at least as the balls to say what he’d like to have done differently. If he had his way, the retrial would be granted. How this fixes any of whatever issues he had with the first trial, of course, goes unanswered…since there’s no good answer. And what those issues were, exactly, I don’t think I have a good understanding of it even though he’s gone out of his way to try to explain it to me. I know what decision was made, that he doesn’t like; I don’t know anything else about his beef.

Meanwhile, the asshole Saddam’s dead. Now, throughout the year I’ve been talking with some folks about Mr. Hussein’s death sentence. It impresses me that even people who are opposed to the death penalty, in several cases, “would grant an exception” for Iraq’s former despot. So…although justice can be a subjective thing, it seems acceptable to a broad cross section of us that this was just. Saddam Hussein did not deserve to live, and in politics as well as in tactics, his continued survival endangered others. With few, meaningless exceptions, the agreement on this is universal.

The debate before us, therefore, is whether the ends justify the means. That’s assuming I’m willing to grant that this trial was somehow unfair — a concession I make, here, only to pursue the argument. It hasn’t been substantiated very well, even by those who are obviously very passionate about substantiating it.

We must define what justice is. Is it the delivery of what’s deserved, or the process by which it is delivered? You know what? It seems to be the delivery itself. The end does justify the means. The process is secondary.

The process does remain somewhat important because it has the potential to change what is deserved. This observation has no bearing at all in the case of Saddam Hussein. So some of our more pacifist types seek to make the process of delivery a primary consideration, simply for the sake of protesting things. That is their fatal flaw, for the process is not primary at all. It is decidedly subordinate, especially when you talk about “landmark[s] in the establishment of the rule of law.” Corrupting that, is done far more effectively by denying the guilty what they got comin’, than by delivering what they got comin’ through a trial that some peevish activist group happens to dislike in some nebulous way. Saddam Hussein got what was deserved, and justice was done. The New York Times says the trial “could have set a precedent for the rule of law in a country scarred by decades of arbitrary vindictiveness” — and based on the information I’ve been able to find, it has achieved exactly that.

Next problem?

On The Duke Hoax

Thursday, December 21st, 2006

Now that the chips are (mostly) down on this story, it’s getting a little difficult to make the prosecutor look good; or, for that matter, like something other than the very essence of evil. If I’m keeping track accurately, we are WAY past the point of asking the fellow if he has anything to say for himself. We’re past the point of seriously considering any protest of his own innocence based on ignorance, assuming he was inclined to offer such a defense in the first place. The guy knew what he was doing. He abused his position and committed an attack on justice for political gain.

How come he isn’t already breaking rocks and making license plates?

Dr. Sowell opens a can of whupass.

After all this time, it finally came out in court last week that the DNA samples collected from the underwear and private parts of the alleged victim contained DNA from other men — but none from the Duke lacrosse players who were accused of raping her.

The head of the DNA testing laboratory testified in court under oath that both he and [District Attorney Michael] Nifong knew this and kept it secret.

Thing I Know #161. Justice depends completely on truth; anarchy, not so much.