Feeds:
Posts
Comments

Archive for the ‘Crime’ Category

I’m a fan of college football rather than the NFL, so I haven’t paid much attention to the controversy over players protesting against police misbehavior during the national anthem.

However, the topic is now trending. The 2018 season about to start and Colin Kaepernick is being featured in a new ad campaign for Nike, so I figure why not insert myself into the discussion.

The bottom line is that Kaepernick and the other players have identified a very real and very important issue.

I’ve written on many occasions about the need for better policing.

Though I don’t think the problem is systemic racism or pervasive brutality.

Some of that exists, of course, but I assume the vast majority of cops want to do a good job and treat people fairly (except when giving me traffic tickets).

The real problem is that politicians have enacted far too many laws, many of which don’t make sense or don’t have any victims, and then they expect the police to use those laws to generate more revenue.

This is a recipe for more Eric Garner tragedies.

That being said, NFL players are not going to win the hearts of middle America by actions that can be portrayed as being anti-flag, anti-police, anti-military, and/or anti-country. Heck, they’re playing into Trump’s hands with that approach.

The players would have much more success (both in terms of the issue and with respect to their own popularity) if they portrayed their cause as one that affirms and extends American ideals.

NFL players should come up with some inclusive pro-America slogan about “The Constitution Protects Everyone” or “The Principles of the Founding Fathers Apply to All Americans.” And then they should be ostentatiously patriotic (in the proper sense), standing for the national anthem, with one hand over their hearts and one hand holding both an American flag and some sort or symbol of their campaign.

Trump would have a hard time attacking that kind of approach.

More important, I’m guessing a lot of Americans who heretofore have been rejecting the message of Kaepernick, et al, may start paying attention. And that would be the ideal outcome. After all, the goal should be to change policy, not generate noise and controversy.

For all intents and purposes, I’m suggesting the football players adopt the strategy Martin Luther King used when fighting Jim Crow laws. Dr. King explained that equality of law was an American principle. He embraced the Constitution and Declaration of Independence, even though slavery and other sins meant America was grossly imperfect at that point.

But he wanted an inclusive message. I hope that today’s NFL players copy that approach. Assuming, of course, they actually want better policing and a better America.

P.S. Until and unless there’s a better strategy, Nike will probably suffer the same adverse consequences as Dick’s, which lost customers after kowtowing to the anti-gun crowd. Irritating a big chunk of the buying public is not a wise idea.

P.P.S. I believe in a tough-on-crime approach, but only if laws are just.

P.P.P.S. If you want some cop-related humor, click here, here, and here.

Read Full Post »

On several occasions, I’ve shared horror stories of government brutality and asserted that all decent people should be libertarians.

If you still are not convinced, today we’re going to look at seven stories about so-called civil asset forfeiture, which is a sanitized term. Most people call it stealing.

Or “policing for profit.”

Let’s look at how this third-world scam operates, starting with a disgusting example of asset forfeiture from Reason.

Rustem Kazazi, an American citizen, was just trying to get on a plane to return to his native Albania last October, from Cleveland Hopkins International Airport. He was initially flying to Newark where he’d catch a connection to Albania. …Given facts about the Albanian banking and finance system and the advantages of cash there, he chose to turn his life savings into U.S. dollars and bring them with him to cover expenses related to the above house needs and his long stay rather than deal with bank transfers… Kazazi ran his carry-on luggage through the x-ray machine, like we all must. In that luggage was his life savings in cash, $58,100. There was zero attempt to be clandestine or smuggle-y about it. It was divided into three labeled and marked stacks of $100 bills, all in one envelope with $58,100 written on the outside.

Here’s how despicable bureaucrats reacted.

TSA agents noticed the money. …They called Customs and Border Patrol (CBP) on Kazazi, who took him off to a private room to grill him, as well as strip him naked… They kept his money, without telling him why, then tried to get him to just get on his flight without it. The receipt they handed him made no reference to the specific amount they’d confiscated. When he refused initially to just go on with his day as if he hadn’t just suffered a horrible crime, they escorted him out of the airport. …In December CBP finally formally informed him via a “Notice of Seizure” that they’d taken $57,330 from him, $770 less than he insists was actually taken. The Kazazis filed all the officially required forms and notices to proceed with trying to get their money back… CBP agents tried to finagle the Kazazis into withdrawing their demand for federal court action, but failed.

The good news is that the invaluable Institute for Justice has intervened.

Kazazi and his family today filed a formal motion for return of property…with the assistance of consistent civil-forfeiture-justice fighters from the Institute for Justice… Let’s hope the courts do the right, and legal, thing, demand CBP obey the law and return the stolen money.

And here’s a nauseating example of theft-by-government from Texas.

For nearly a decade, Anthonia Nwaorie dreamed of starting a medical clinic in her hometown in Southern Nigeria. Last October, the 59-year-old nurse was boarding a plane in Houston with medical equipment, supplies, and about $41,000 in cash — which had taken her years to save — when Customs and Border Protection officials stopped her. …Nwaorie said she was detained for hours. She missed her flight to Nigeria and the customs officers seized all her money. …CBP took the money because Nwaorie, a U.S. citizen since 1994 who lives in Katy, had not declared that she was taking more than $10,000 out of the country — a technical requirement that her lawyers say is not well-publicized…six months after her money was taken, Nwaorie has not been charged with a crime.

Once again, the great people at IJ are involved.

Lawyers at the Institute for Justice, an Arlington, Virginia-based public interest law firm, say her case demonstrates just how abusive the practice of civil forfeiture — which allows the government to take property that is believed to be tied to a crime — can be. ….the Institute for Justice filed a class-action lawsuit against the agency on Nwaorie’s behalf, demanding that CBP return her money without forcing her to sign any written agreement. They’re also asking a federal court in Houston to void all such agreements that might have been signed by others trying to get seized property back.

George Will opined about another reprehensible example from Texas.

On Sept. 21, 2015, Serrano drove to the Eagle Pass, Tex., border crossing, intending to try to interest a Mexican cousin in expanding his solar panel installation business in the United States. …they searched his truck — this was unusual for a vehicle leaving the country — and one agent said, “We got him!” …Having found five .380-caliber bullets in the truck’s center console — he has a concealed-carry permit but had no weapon with him — they handcuffed him and seized his truck under civil forfeiture, saying it had been used to transport “munitions of war.”

The heroes at IJ are on the case.

Assisted by litigators from the Institute for Justice (IJ), whose appearance on the West Texas horizon probably panicked the government into pretending to be law-abiding, Serrano wants to make the government less larcenous and more constitutional when it is enriching itself through civil forfeiture. …Serrano is suing for restitution but also seeking a class-action judgment on behalf of others who have been similarly mistreated. …Robert Everett Johnson is one of the IJ lawyers… Johnson says: “Imagine being detained at an airport checkpoint because you innocently forgot to take a tube of toothpaste out of your luggage. But rather than asking you to throw it out or put it in a plastic bag, the TSA agents told you they were seizing all of your luggage, including the toothpaste tube.” That happened to Serrano at the hands of a government — the one north of the border — that felt free to say, “You have no rights here.”

Here’s an example of this despicable practice from Wyoming.

Phil Parhamovich…had spent years restoring and selling houses, cars, and musical instruments, often clocking 12-hour workdays, to save up more than $91,000. And now it was all going to pay off: He would buy a music studio in Madison, Wisconsin… Then came the police stop… By the time it was over, police in Wyoming would take all of Parhamovich’s money — the full $91,800. Parhamovich, who has no criminal record, was not accused of or charged with a serious crime; he only got a $25 ticket for improperly wearing his seat belt and a warning for “lane use.” …state officials said they consider the cash “abandoned.” The state has even moved to forfeiture the money without notifying Parhamovich of the relevant court hearing until after it happened.

You won’t be surprised to learn who got involved to protect Parhamovich’s rights.

According to Parhamovich and his attorneys with the advocacy group, the Institute for Justice, this is another classic example of policing for profit and the problems it causes. Police initiated the stop for a minor traffic violation, but quickly escalated it further and further until they took a man’s life savings — all to use that money for their own law enforcement purposes.

This story has a happy ending (except for the fact that the cop isn’t in jail for stealing).

Wyoming lawmakers, citing this story, have now banned the roadside waivers that police used to wrongly take Phil Parhamovich’s $91,800. Previously, Parhamovich…got…his money back during a court hearing.

The IRS also participates in this thuggish racket, as reported by the Washington Post.

Oh Suk Kwon, who left South Korea for America in 1976, served as a fleet mechanic in the U.S. Army. After four years in the military, decades of working in an electrical plant and as an auto mechanic, after raising the kids and seeing them off to their adult lives, Kwon finally bought a gas station in Ellicott City in 2007. It meant everything to him. Just a few years after he opened it, zealous government investigators…seized all of the station’s money on a hunch — and wiped the family out. No, they weren’t money launderers or terrorists or mobsters or tax evaders. The government found no evidence of criminal activity. …the gas station went under, and Kwon’s wife died amid the stress of it all…the agency won’t give Kwon his money back. …He’s heartbroken that the country he loves is treating him this way.

The story has additional examples.

…fervent investigations targeted scores of small businesses in Maryland. The best known of these was South Mountain Creamery… the creamery was accused of structuring — farmer Randy Sowers also said his bank teller told him to keep the deposits under $10,000 to cut paperwork — the farm’s entire operating budget was seized. …The government eventually found out that the cows weren’t drug mules and the chickens weren’t gangsters and allowed Sowers to sign a settlement agreement to get back half of about $60,000 that the IRS took. Sowers did it because he needed that money to keep the farm going. Another Maryland farmer, Calvin Taylor, had about $90,000 seized in 2011 after the government snagged him in a similar investigation. He couldn’t take the time to fight the charge, either, and agreed to a settlement where the government returned about $41,000.

Once again, the IJ people are fighting to protect people from rapacious government.

The farmers didn’t walk away from the fight. Backed by the libertarian Institute for Justice, Sowers, Taylor and others testified before Congress, petitioned and fought for three years to get their cash back.

The awful thugs at the IRS also stole money in Connecticut.

David Vocatura watched $68,000 disappear. He was at his family’s bakery in Norwich, Connecticut, when a squad of armed IRS agents filed into the store. The agents wanted to know if Vocatura and his brother Larry were trafficking drugs or running a prostitution ring. The brothers had no idea what they were talking about. …the IRS refused to believe Vocatura’s Bakery was operating on the up and up. Agents said the business raised red flags because of a series of cash deposits in sums under $10,000, the amount at which banks are required to report transactions to the federal government. …The agents had no evidence of other wrongdoing, but thanks to a controversial law enforcement tool known as civil asset forfeiture, they didn’t need any to seize every penny in the Vocaturas’ bank account… The IRS has…[been] subjecting David, 53, and his brother Larry, 69, to a series of increasingly aggressive legal maneuvers — including threats of significant prison time and additional fines — in an attempt to strong-arm them into permanently forfeiting their assets.

Naturally, IJ is riding to the rescue.

…the Institute for Justice, a libertarian public interest law firm, filed a lawsuit in U.S. District Court for the District of Connecticut on behalf of Vocatura’s Bakery, demanding that the IRS promptly return their money. …Hours after the suit was filed, the IRS said it would finally give the Vocaturas their money back.

But the jackboots in government are vindictively going after the family.

Peter S. Jongbloed, assistant U.S. attorney for the District of Connecticut, served the Vocaturas a grand jury subpoena calling for them to turn over every financial record from the six years between March 2007 and April 2013, so the agency could finally begin investigating the business’s tax and regulatory compliance. …“At this point, the government is in so deep, they’ve put these guys through three years of hell — and held onto their money for three years — and so they feel like they need to justify it,” said Robert Everett Johnson, an attorney for the Institute for Justice who is representing the Vocaturas. “So now they’re going to conduct this investigation into the bakery in some effort to try to find something that will make it look like they were doing the right thing all along.”

Let’s review one final example of banana-republic law enforcement, this time from Alabama.

The morning of June 29, 2010, began much like any other at FAR Computers in Ensley. Frank Ranelli, who has owned the computer repair business for more than two decades, was doing some paperwork in his windowless office when he heard loud banging on the front door. When he answered it, he was unaware that about 20 officers with the Homewood and Mountain Brook police departments were surrounding his store, some wearing flak jackets and carrying assault rifles. Within moments, a Homewood police sergeant had declared a room full of customers’ computers, merchandise and other items “stolen goods,” Ranelli recalled. …The police proceeded to confiscate more than 130 computers – most of which were customers’ units waiting to be repaired, though some were for sale – as well as the company’s business servers and workstations and even receipts and checkbooks. …Nothing ever came of the case. The single charge of receiving stolen goods was dismissed after Ranelli demonstrated that he had followed proper protocol in purchasing the sole laptop computer he was accused of receiving illegally. Yet none of the property seized by police that summer morning more than seven years ago has been returned to him.

The article references the stellar work of IJ.

Alabama’s laws, however, still provide the state’s citizens with few protections from the practices, earning the state a “D- for its civil asset forfeiture laws” in a November 2015 report by the Institute for Justice, a Virginia nonprofit advocacy law firm. Alabama laws stack the deck against victims of asset forfeiture by establishing a “low bar to forfeit” and not requiring a conviction to do so; offering “limited protections for innocent third-party property owners”; and letting “100% of forfeiture proceeds go to law enforcement,” the report stated. …In a time of increasingly tight budgets for many law enforcement agencies, seizing property offers an opportunity for them to increase revenue without politicians having to raise taxes.

The good news (relatively speaking) is that some states are trying to curtail this evil practice.

The bad news is that cops in some states have figured out how to steal regardless.

In theory, New Hampshire has reformed its asset forfeiture laws. The state passed a bill in June 2016 to keep police from seizing and keeping people’s property unless those people have been convicted of a crime. And yet New Hampshire Public Radio reports this week that the state’s cops are still trying to keep stuff seized from people who have been accused but not actually convicting of criminal behavior. …when the reforms were passed…there was a big loophole. The U.S. Justice Department’s “Equitable Sharing” program allows local law enforcement agencies to partner with the feds for busts, then funnel the forfeiture through the looser federal program, which doesn’t require convictions, back into the local police budgets. Doing this allows them to skirt any state-level restrictions on asset forfeiture.

In other states, the establishment is going nuts trying to preserve their shady scam.

…a local prosecutor and police officer say the state will be welcoming violent drug cartels if a Republican lawmaker gets his way. State Sen. Kyle Loveless has been trying to muster support this year for a bill that would reform a controversial law enforcement tool known as civil asset forfeiture. …Loveless sees this as a fundamental violation of people’s rights to due process and property and says the lax standards have gotten innocent people in Oklahoma caught in the civil asset forfeiture net. On Thursday, he sparred with Tulsa County District Attorney Steve Kunzweiler and Eric Dalgleish, a major at the Tulsa Police Department, over the merits of his bill to require a criminal conviction to permanently take someone’s property. …Kunzweiler, the district attorney, said the extra level of protection was unnecessary and that raising the bar for forfeiture would effectively roll out a welcome mat to ruthless drug traffickers from Mexico. …Dalgleish later said that cartels were keeping a close eye on Loveless’ legislation and even lobbying for its passage.

Shame on Kunzweiler and Dagleish. What reckless and dishonest demagoguery.

And three cheers for Sen. Loveless, who deserves a lot of love for putting the principles of the Constitution first.

Sadly, the Trump Administration is on the side of theft-by-government, which is especially disappointing since there was a small move in the right direction during the Obama years.

P.S. Just like intrusive and ineffective money-laundering laws, wretched asset forfeiture laws are largely the result of the foolish War on Drugs. One bad policy generates another bad policy. Lather, rinse, repeat.

Read Full Post »

I’ve periodically featured folks on the left who have rejected gun control.

  • In 2012, Jeffrey Goldberg admitted gun ownership reduces crime.
  • In 2013, Justin Cronin explained how he became a left-wing supporter of gun rights.
  • In 2015, Jamelle Bouie poured cold water on Obama’s gun control agenda.
  • Last year, Leah Libresco confessed that gun control simply doesn’t work.

Now it’s time to look at another person who has changed his mind.

Here are some excerpts from a column in the Des Moines Register written by a long-time supporter of gun control.

I was 14 years old when John Lennon was killed — it affected me deeply and it was the biggest event that led to my anti-gun feelings. As I got older, my heroes were JFK, RFK and MLK, which furthered my anti-gun sentiments. …I thought the Second Amendment was not relevant to our modern-day society and it should be repealed. …In 2012 I tweeted: “@BarackObama please repeal the 2nd amendment and stop the @nra.” …I was a lifelong Democrat. In the 2016 presidential debates I watched…Hillary Clinton… I voted for her. …I was a little turned off by…the NRA.

But he began to change his mind as the election was happening.

I decided to leave San Francisco and to build a house in Washington. …as my house was being built I started wondering what I would do in the event of a home invasion. I knew right away becoming a gun owner was going to be the best way to defend myself.

Sounds like he’s part of the 22 percent in my poll who support the 2nd Amendment because of concerns about crime.

But he also enjoyed the process of becoming proficient.

I gave it a lot of thought and decided I was going to purchase a gun and learn to shoot… I started going to the range and discovered that I really enjoyed target shooting.

His philosophical shift apparently wasn’t because he was convinced by the NRA, but rather because he grew increasingly concerned about the left’s radical opposition to private firearms (something I’ve noticed as well).

I gradually came around to see how extremely anti-gun, anti-Second Amendment the left was. For a large portion of them, their ultimate goal is a full gun ban and to repeal the Second Amendment — I know I was one of them.

And even though he no longer considers himself on the left, he doesn’t want his friends on that side of the debate to misinterpret his views.

To my easily confused friends on the left — no, I am not calling for violence; no, I am not a terrorist, no, I am not racist. Peace.

Since the author’s overall perspective has changed, I guess he doesn’t belong on my “honest leftists” page, but his shift on gun rights is nonetheless worth noting.

Hopefully he’s now sufficiently “woke” on guns that he would be part of the resistance if his former fellow travelers on the left ever tried a gun ban.

To close on a humorous note. Here’s the visual version of my IQ test on guns.

Other examples of gun control satire can be found here, here, here, and here. Along with a bonus David Hogg edition.

Read Full Post »

Beginning in the 1980s, money-laundering laws were enacted in hopes of discouraging criminal activity by making it harder for crooks to use the banking system. Unfortunately, this approach has been an expensive failure.

Amazingly, some politicians actually want to make these laws even worse. I wrote last year about some intrusive, expensive, and pointless legislation proposed by Senators Grassley, Feinstein, Cornyn, and Whitehouse.

Now there’s another equally misguided set of proposals from Senators Rubio and Wyden, along with Representatives Pearce, Luetkemeyer, and Maloney. They want to require complicated and needless ownership data from millions of small businesses and organizations.

David Burton of the Heritage Foundation has a comprehensive report on the legislation. Here’s some of what he wrote.

Congress is seriously considering imposing a beneficial ownership reporting regime on American businesses and other entities, including charities and churches. …the House and Senate bills…share three salient characteristics. First, they would impose a large compliance burden on the private sector, primarily on small businesses, charities, and religious organizations. Second, they create hundreds of thousands—potentially more than one million—inadvertent felons out of otherwise law-abiding citizens. Third, they do virtually nothing to achieve their stated aim of protecting society from terrorism or other forms of illicit finance. …Furthermore, the creation of this expensive and socially damaging reporting edifice is unnecessary. The vast majority of the information that the proposed beneficial ownership reporting regime would obtain is already provided to the Internal Revenue Service.

Richard Rahn criticizes this new proposal in his weekly column.

…what would you think of a member of Congress who proposes to put a new regulation on the smallest of businesses that does not meet a cost-benefit test, denies basic privacy protections and, because of its vagueness and ambiguity, is likely to cause very high numbers of otherwise law-abiding Americans to be felons? …Some bureaucrats and elected officials argue that the government needs to know who the “beneficial owners” are of even the tiniest of businesses in order to combat “money-laundering,” tax evasion or terrorism. …Should the church ladies who run the local non-profit food bank be put in jail for their failure to submit the form to the Feds that would give them the exemption from the beneficial ownership requirement? …Given how few people are actually convicted of money-laundering, the overwhelming evidence is that 99 percent of the people being forced to submit to these costly and time-consuming proposed regulations will not be guilty of money-laundering, terrorism or whatever, and thus should not be harassed by government.

Writing for the Hill, J.W. Verret, an expert in business law from George Mason University Law School, highlights some of the serious problems with this new regulatory scheme.

Legislation under consideration in Congress, the Counter Terrorism and Illicit Finance Act, risks tying entrepreneurs’ hands with even more red tape. In fact, it could destroy any benefit some small businesses stand to gain from the tax reform legislation passed last year. It would require corporations and limited liability companies with fewer than 20 employees to file a form with the Treasury Department at the time of formation, and update it annually, listing the names of all beneficial owners and individuals exercising control. …Given the substantial penalties, this will impose a massive regulatory tax on small businesses as they spend money on lawyers that should go toward workers’ pay. …It is unlikely someone on a terrorist watch list would provide their real name on the required form, and Treasury will probably never have sufficient resources to audit names in real time.

Professor Verret explains some of the practical problems and tradeoffs with these proposals.

…some individual money laundering investigations would be easier with a small business registry available. But IRS tax fraud investigations would be much easier with access to taxpayers’ bank account login information — would we tolerate the associated costs and privacy violations? …How is the term “beneficial owner” defined? How is “control” defined? As a professor of corporate law, I have given multiple lectures on those very questions. What if your company is owned, in part, by another company? Or there is a chain of ownership through multiple intermediary companies? What if a creditor of the company, though not currently a shareholder or beneficial owner, obtains the contractual right to convert their debt contract into ownership equity at some point in the future? …for the average small business owner, navigating those complexities against the backdrop of a potential three year prison sentence will often require legal counsel. Companies affected by this legislation should conservatively expect to spend at least $5,000 on a corporate lawyer to help navigate the complexities of the new filing requirements.

Needless to say, squandering $5,000 or more for some useless paperwork is not a recipe for more entrepreneurship.

So how do advocates for this type of legislation respond?

Clay Fuller of the American Enterprise Institute wants us to have faith that bad people will freely divulge their real identities and that bureaucrats will make effective use of the information.

It is time to weed out illicit financing and unfair competition from criminals and bad actors. …Passing the House Financial Services Committee’s Counter Terrorism and Illicit Finance Act should be a priority for the 115th Congress. …Dictators, terrorists and criminals have been freeriding on the prosperity and liberty of the American economy for too long. Officials at FinCEN are sure that beneficial ownership legislation will exponentially increase conviction rates. We should give law enforcement what they need to do their jobs.

Gee, all that sounds persuasive. I’m also against dictators, terrorists, and criminals.

But if you read his entire column, you’ll notice that he offers zero evidence that this costly new legislation actually would catch more bad guys.

And since we already know that anti-money laundering laws impose heavy costs and catch almost no bad guys, wouldn’t it be smart to figure out better ways of allocating law enforcement resources?

I don’t know if we should be distressed or comforted, but other parts of the world also are hamstringing their financial industries with similar policies.

Here’s some analysis from Europe.

…a new reportfrom Consult Hyperion, commissioned by Mitek, reveals that the average UK bank is currently wasting £5 million each year due to manual and inefficient Know Your Customer (KYC) processes, and this annual waste is expected to rise to £10 million in three years. …Key Findings…Inefficient KYC processes cost the average bank £47 million a year…Total costs for KYC processes range from £10 to £100 per check…In the UK, 25% of applications are abandoned due to KYC friction… The cost of KYC checks is much too high, placing too much reliance on inefficient and error-prone manual processes,” said Steve Pannifer, author of the report and COO at Consult Hyperion.

And here’s an update from Asia.

Anti-money laundering and know-your-customer compliance have become leading concerns at financial institutions in Asia today. … we estimate that AML compliance budgets across the six Asian markets in this study total an estimated US$1.5 billion annually for banks alone. …A majority of respondents (55%) indicated that AML compliance has a negative impact on their firms’ business productivity. …An additional 15% felt that AML compliance actually threatens their firms’ ability to do business. …Eighty-two per cent of survey respondents saw overall AML compliance costs increasing in 2016, with one third projecting that costs will rise by 20% or more.

The bottom line is that laws and regulations dealing with money laundering are introduced with high hopes of reducing crime.

And when there’s no effect on criminal activity, proponents urge ever-increasing levels of red tape. And when that doesn’t work, they propose new levels of regulation. And still nothing changes.

Lather, rinse, repeat.

Here’s the video I narrated on this topic. It’s now a bit dated, but everything I said is even more true today.

Let’s close with a surreal column in the Washington Post from Dana Milbank. He was victimized by silly anti-money laundering policies, but seems to approve.

I did not expect that my wife and I would be flagged as possible financiers of international terrorism. …The teller told me my account had been blocked. My wife went to an ATM to take out $200. Denied. Soon I discovered that checks I had written to the au pair and my daughter’s volleyball instructor had bounced. …I began making calls to the bank and eventually got an explanation: The bank was looking into whether my wife and I were laundering money, as they are required to by the Bank Secrecy Act as amended by the Patriot Act. …the bank seemed particularly suspicious that my wife was the terrorist… The bank needed answers. Did she work for the government? How much money does she make? Is she a government contractor? …a week later they came back with a new threat to freeze the account and a more peculiar question: Is my wife politically influential?

Sounds like an awful example of a bank being forced by bad laws to harass a customer.

Heck, it is an awful example of that happening.

But in a remarkable display of left-wing masochism, Milbank approves.

The people who flagged us were right to do so. …Citibank, though perhaps clumsy, was doing what it should be doing. “Know your customer” regulations are important because they prevent organized-crime networks, terrorists and assorted bad guys from moving money. Banking regulations generally are a hassle, and expensive. But they protect us — not just from terrorists such as my wife and me but from financial institutions that would otherwise exploit their customers and jeopardize economic stability the way they did before the 2008 crash.

I guess we know which way Milbank would have responded to this poll question from 2013.

But he would be wrong because money-laundering laws don’t stop terrorism.

We’re giving up freedom and imposing high costs on our economy, yet we’re not getting any additional security in exchange.

And I can’t resist commenting on his absurd assertion that money laundering played a role in the 2008 crash. Does he think that mafia kingpins somehow controlled the Federal Reserve and insisted on easy-money policies and artificially low interest rates? Does he think ISIS operatives were somehow responsible for reckless Fannie Mae and Freddie Mac subsidies?

Wow, I thought the people who blamed “tax havens” for the financial crisis deserved the prize for silliest fantasies. But Milbank gives them a run for their money.

P.S. You probably didn’t realize you could make a joke involving money laundering, but here’s one featuring former President Obama.

Read Full Post »

It’s been several weeks since the awful tragedy in Parkland, FL, where 17 students were killed by an evil loser. Since I written several times about the utter impracticality of gun control, and since a growing number of honest liberals (see here, here, here, and here) also acknowledge that such laws are ill-advised, I didn’t think another column would be necessary.

However, the controversy isn’t going away. Left-wing groups are using some of the students as props in a campaign to push restrictions on private gun ownership.

So I decided to take part in a four-person debate on the issue for France 24. Needless to say, I was the only pro-Second Amendment person on the show (it was 4-1 against me if you include the moderator). You can watch the entire 45 minutes by clicking here, but you can get a good idea of the one-sided nature by simply watching this excerpt from the introduction.

Here’s the first question I fielded, which gave me a chance to knock our unprincipled President.

But more importantly, I noted that gun control doesn’t succeed because ordinary Americans are very diligent about protecting their constitutional rights.

This next segment gave me an opportunity to make several points.

  • The silliness of banning “scary looking” rifles when there are hundreds of millions of other weapons that work the same way.
  • Democrats have rallied behind truly radical legislation targeting all semi-automatic weapons (knowing that non-gun people don’t know what that term means, I used “non-revolver” as a synonym, but I admit that probably isn’t any better).
  • Gun bans are especially absurd in a world with 3D printers.
  • Censorship would probably be effective in reducing mass shooters, but I don’t want to repeal the First Amendment.
  • Rising levels of gun ownership are correlated with lower levels of crime.

By the way, none of the other guests ever tried to refute any of my points. Check the full video if you doubt me.

I also was asked about private companies restricting gun sales.

And since I believe in freedom of association, I said that was their right, even if such steps are both futile and bad for business.

In my final segment, I noted the good news that states are liberalizing gun laws, while also pointing out that global evidence also shows why gun control is a bad idea.

And you’ll notice I took another shot at our unprincipled president. Our Constitution is not a pick-and-choose document.

So what’s the practical impact of all this?

Gun-control proposals generally fall into two categories. Some politicians go after the “military-style” weapons, which is empty posturing that will no (positive) impact on crime. I wrote about this issue in the past, and you can click here and here for added info on the failed 1994 ban.

Or they go for sweeping gun bans and confiscation. Which, if ever enacted, would lead to widespread civil disobedience.

So we know that’s not the answer.

But what is the right approach? As I noted in the interview, there probably is no complete solution.

That being said, let’s dig into the issue of whether teachers and other school personnel should be allowed to carry concealed weapons are a last line of defense of nutjobs.

Here’s  story on the issue from Kentucky.

Teachers could soon be carrying concealed guns inside schools in Pike County under a proposal that was preliminarily approved Monday evening by the Pike County School Board. The unanimous decision…was prompted by multiple school shootings in recent weeks… Schools Superintendent Reed Adkins said he hopes the board will give final approval within two to three weeks, and to have armed staff in schools by fall, if not sooner. …State Sen. John Schickel, R- Union, has introduced Senate Resolution 172 that would urge boards of education to allow teachers and other school personnel to carry firearms for their own protection. …Multiple mothers of Pike County students urged quick action Monday to provide schools with some type of security, saying their children have been scared to attend school.

And we also have a news report from Colorado.

One of the first school districts in the state of Colorado to implement such a policy was in eastern El Paso County… A decision made in hopes of preventing another school shooting here at home and more than a year later, most people are grateful this was put into place. “Our school’s pretty much a model for school safety,” Terry Siewiyumptewa, a parent said. …”Our staff members, it could be 100 percent, are armed and are here to protect and keep our students safe,” Dr. Grant Schmidt, Superintendent for Hanover School District 28 said. Now, teachers, administrators, custodians and even bus drivers can all volunteer to conceal carry in school… “We need safe schools and our school is providing us what we’ve asked for,” Siewiyumptewa said. …”The only way to stop a bad guy with a gun, is a good guy with a gun,” she said. …Students we spoke with say it has added an extra level of comfort. …Dr. Schmidt says he’s been getting calls from other school districts across the country all year, wanting to know how they put this into place, asking for guidance, research and other documents to use as a model.

Unsurprisingly, Texas is another example.

…at Argyle High School, the..teachers are packing handguns. A sign outside campus warns: “Please be aware that the staff at Argyle [Independent School District] are armed and may use whatever force is necessary to protect our students.” …In about two dozen states, including California, schools can allow staff to carry guns on campus, although some require concealed-carry licenses, according to the National Conference of State Legislatures. …Officials at Argyle and other districts say the policies deter shooters and provide peace of mind, and that other schools should follow their lead. Scores of Texas school districts allow teachers to carry arms. …”It’s essential to keep us safe,” said Lizzie Dagg, 18, Argyle senior class president, who spent part of lunch Thursday signing a banner expressing sympathy to Parkland students. …history teacher Sharon Romero…said. “I feel safer coming to work than a lot of other teachers in this country do.” …Argyle High Principal James Hill, who has three children in the school system, was skeptical about the policy when he was hired in 2015, but said, “Now I’m a believer.” …he said of school shootings. “… I want to give our kids a fighting chance.”

Here are two maps from the article, showing who is allowed to have guns in a school. Here’s the map for the general public.

And here’s the map for government employees.

Amazingly, there is an outpost of common sense in California.

One California school district has voted to allow staff members to carry guns on campus. The district says the policy was put in place to ensure the safety of students in case there is an active shooter situation. …Kingsburg High School District, near Fresno, is just the second district in the state to allow concealed weapons at school buildings.

Even the New York Times has noticed this growing trend.

For all the outcry, though, hundreds of school districts across the country, most of them small and rural, already have. Officials…do not see the weaponry scattered through their schools as a political statement, but as a practical response to a potent threat. …At least 10 states allow staff members to possess or have access to a firearm on school grounds, according to an analysis by the Education Commission of the States. And local districts have varied their approach to arming educators — in Ohio, guns are kept in safes; in Texas, they can be worn in holsters or kept in safes within immediate reach. …In Texas, some public school systems have been quietly arming teachers and administrators for more than a decade.

This part of the story is very powerful.

Sidney City Schools was shaken by the slaughter of 20 first graders and six staff members at Sandy Hook in 2012. In the following days, Sheriff Lenhart presented Mr. Scheu with an equation: Every 17 seconds after the first shots are fired and the first 911 call is made, somebody gets hurt or dies. “Even in the best-case scenario, we could get here in four to five minutes,” Sheriff Lenhart said. “You do the math.” …Sheriff Lenhart…led what he calls a “layered” approach to school security and a “conservative” approach to arming teachers in the 3,400-student school district. The district spent about $70,000 on safes, bulletproof vests, cameras, guns, radios and ammunition…negligible costs for a school district with a $36 million budget… there’s a secret group of 40 educators — teachers, principals, custodians, secretaries — called a “first responder team” that can retrieve firearms in under a minute.

Bureaucrats weren’t happy about this development, but guess who is pleased?

The measures here met some opposition at first, from the town’s teachers union and police chief, who were concerned about gun safety. …Nicki New, the parent of three students in Sidney City Schools, said she felt safer dropping off her children knowing there were staff members equipped to respond to a parent’s worst nightmare.

Does that guarantee safety? Nope. Is it possible a teacher might shoot an innocent person in the stress and chaos of an active-shooter situation? Yup. There are no sure-fire, cost-free solutions to this horrible problem. It’s all about the policies that will improve the odds of good outcomes and reduce the likelihood of bad outcomes.

But here’s my bottom line. If my kids were still young and some miserable excuse for a human being came into one of their schools and started shooting, there’s no question that I would want some of the teachers to be armed.

Moreover, ask yourself whether a nutjob shooter is more likely or less likely to target a school with armed teachers. Like other mass shooters, they almost universally wreak their havoc in so-called gun-free zones.

Why? Because they know that simply means there are no good people with guns who can fight back.

I’ll close with one final observation. Teacher unions are controlled by leftist ideologues and claim that it’s a bad idea to allow armed teachers. They’re wrong, but the really preposterous part of their argument is that teachers shouldn’t be forced to carry guns.

But nobody is suggesting that. Instead, it’s an option for teachers who are prefer fighting to cowering in a corner waiting to be shot.

And lots of teachers don’t like the latter option, as indicated by this story in the Washington Examiner.

A sheriff in Ohio has already started the process of training school personnel on how to carry a concealed weapon, and predicted on Friday that hundreds would soon be trained and ready. …”While our gov still debates what 2 do we will have trained over 100 school personnel by Saturday,” he added. …Sheriff Jones said his offer to train teachers has been met with an overwhelming response. On Tuesday, he said he cut off requests at 300.

Makes me proud of America’s teachers. Their union stinks, but three cheers for the rank and file.

P.S. Since I’m a fiscal wonk, I rarely get to publicly pontificate on gun rights. Here’s my only other interview on the topic.

Read Full Post »

I periodically fret that individualism is dying in the United States and that Americans are morphing into handout-loving Europeans.

Well, the spirit of 1776 is not completely dead. There are still some Americans who stand up against the greedy, grasping, and oppressive state. I heartily applaud the guy in this video (and not just for personal reasons) for doing what I have thought about many times.

Sonny Bunch, writing for the Washington Free-Beacon, applauds pro-liberty vandalism.

Obviously we shouldn’t cheer all those who destroy the state’s property or all those who circumvent efforts to enforce the law. But some laws are unjust. Some of the state’s property serves to oppress. Sometimes you need a hero. …some laws are good and just. Prohibitions against rape and murder, for instance. We need them. Without laws we are savages. But speed cameras are not included in the “good and just” category. They are revenue-producing monstrosities designed to suck people of their money in order to fill the coffers of bureaucrats… If the corruptocrats in D.C. try to imprison this hero, I promise to lead the resistance in an effort to spirit him southward. We shall protect you, brother. You are one of us now.

I fully concur.

Moreover, this apparently wasn’t a one-off gesture. Washingtonian reports that numerous cameras were knocked out of action.

An unidentified man suspected of smashing 11 of the District’s traffic cameras that produce tickets for drivers who speed or run red lights is being celebrated by some as a hero after DC Police released footage of one camera’s violent demise. Police say that the cameras, located mostly around Northeast DC, were reported to be malfunctioning last Tuesday. When officers checked out the locations, they found the cameras damaged as a result of vandalism.

By the way, I have no objection to cameras that nail jerks who blow through an intersection 3 seconds after a light has turned red. Those are people who risk innocent lives.

But the cameras I’ve noticed are set in spots where the speed limit is set absurdly low. In other words, they are the modern-day version of the speed traps that used to characterize corrupt small towns.

Some people object to speed cameras but think red-light cameras are okay. As already noted, I agree with their safety concerns, but that’s not how government operates.

They’ve turned red-light cameras into a scam, as explained in this Reason video. Greedy politicians actually do dangerous things like shortening the yellow light simply because they want to produce more cash. No wonder they actually cause accidents!

Moreover, Holman Jenkins of the Wall Street Journal explained several years ago how cameras are first and foremost set up to generate money, not to promote safety.

And here’s something else that irritates me. I’m guessing that the cops will put a lot of time and energy into tracking down the guy who knocked the cameras out of commission. Why? Because this is an issue that generates revenue for politicians.

Which raises the bigger issue of whether law enforcement resources are wisely allocated. We saw in Florida that local cops ignored dozens of calls and warnings about the nutjob loser who killed the students in Parkland, Florida (the FBI also dropped the ball as well since they were tipped off). I wonder how often those same cops were busy operating speed traps, engaging in asset forfeiture, and otherwise shaking down residents for cash?

The good news is that the heroic vandal who has gone after D.C.’s cameras is just the tip of the iceberg. Arizona residents basically killed a revenue-camera scam with civil disobedience. And Houston voters voted to shut down the shakedown being operated by their city government.

This spirit of resistance should be nationwide.

Here are three closing observations.

  1. Let’s hope this guy doesn’t get caught.
  2. Let’s also hope that other motorists follow his example and destroy other speed-trap cameras.
  3. Finally, let’s hope that a jury will engage in nullification if the guy is caught.

P.S. There’s also a group of people in England who are acting to thwart greedy, grasping government, albeit in a less revolutionary way.

Read Full Post »

In my first column on jury nullification, I applauded ordinary citizens for producing a not-guilty verdict when the federal government tried to impose bad U.S. tax law on a Swiss banker who lived in Switzerland and obeyed Swiss law. Simply stated, borders should limit the power of a government.

In my second column on jury nullification, I approvingly wrote about how citizens on another jury rebelled against the government’s persecution of western ranchers (while also noting that dramatically reducing government land ownership would be the solution to the underlying controversy).

To be sure, I don’t think jury nullification is the ideal way of dealing with over-criminalization and abusive law enforcement. It would be much better to repeal bad laws and get rid of the bad people working for government. But until those things happen, I’m glad nullification exists as a last line of defense.

Now let’s look at a third example. Except it’s probably more accurate to say it’s an example of pre-jury nullification.

Here are some excerpts from a heartwarming story from New Mexico (oops, I mean Arizona…I blame Chuck Asay!).

You may have heard that saying: If prosecutors want to, they could get a grand jury to indict a ham sandwich. It’s a knock on how much control prosecutors hold over the grand juries to whom they give evidence for possible indictments. The 269th Pima County Grand Jury could not be controlled like that. …this one was led by a criminal-defense attorney and populated by freethinkers who took to heart their role as “conscience of the community.” They went so far as to decline to indict people even though there was enough evidence to show probable cause, foreman Natman Schaye and others told me. That, in essence, is grand-jury nullification — not carrying out the law because, in the jury’s opinion, it is unjust.

This grand jury, which was labeled as “The Notorious 269th” by the press, decided that justice was more important than obeying the government.

Rick Myers, a well-known Tucsonan who is a member of the Arizona Board of Regents, also was on the Notorious 269th. What bothered him was the many cases of small quantities of drugs that were charged as Class 4 felonies, as state law dictates. He said he began making a distinction between what’s actually a “crime” and what’s “breaking the law.” The reason, another grand juror, Jodi Kautz, said was: They were presented with possession cases involving drug amounts as tiny as 2/100th of a gram, a trace amount. …Myers said. “There’s a whole lot of people getting charged for things that are not hurting other people.”

Here’s some background info on the role of the grand jury.

Grand juries have their roots in 12th-century England, but in early America took on more of a judicial role — that of a body of citizens standing between the government and a person accused of a crime. The grand jury eventually came to stand as a check, ensuring the government had enough evidence to pursue a criminal case. …Prosecutors run the grand-jury sessions… They bring proposed indictments to the jurors and call police officers as witnesses, without a defendant or a defense attorney present. The grand jurors, though, make the ultimate decision as to whether to indict, and on what charges.

Unsurprisingly, government officials don’t approve of grand jurors exercising independent thought.

As to the grand jurors’ decision to reject some cases with adequate evidence, Acosta said that really isn’t their place. They take an oath to follow the law before taking their seats, she said. “If somebody has a particular agenda, I suppose they can go to the Legislature and say, ‘We don’t like this law, maybe you should change it.’ But the grand jury isn’t the place for that kind of activity,” she said.

Sorry, Ms. Acosta, that’s not right.

The grand jury (or regular jury) may not be the ideal place to protect against injustice, but it’s better than nothing when governments have bad laws and/or government officials abuse citizens.

If you don’t believe me, just ask Andy JohnsonAnthony Smelley, the Hammond familyCharlie EngleTammy CooperNancy BlackRuss CaswellJacques WajsfelnerJeff CouncelllerEric GarnerMartha Boneta, Corey Statham, James SlaticCarole HindersSalvatore Culosi, and James Lieto, as well as the Sierra Pacific Company and the entire Meitev family.

There’s a philosophical principle involved. In many cases, nullification is appropriate because governments have criminalized actions that have no victims. Which is why the movement’s motto, as noted in this Ron Swanson meme, is that there is no crime when there’s no victim.

I’ll close on a personal note. I’ve lived in Fairfax County for almost three decades and I’ve only received one summons for jury duty. When that happened, I immediately fantasized about being a hero and using nullification to block an unjust gun prosecution or unjust drug prosecution. But it turned out that the case was a lawsuit between a contractor and consumer, so I was happy they wound up finding enough people before my name was called.

But maybe my nullification fantasy eventually will become a reality. Though I’ve noted that my fantasies (at least the ones involving public policy) never seem to happen.

Read Full Post »

Older Posts »

%d bloggers like this: