Posts tagged ‘mexico’

Police and Patents of Nobility

I don't have much to add to all the commentary on the Ferguson killing, except to say that many, many examples of police abuse of power are covered by libertarian blogs --but seldom more widely -- so it is nice to see coverage of such an incident hit the mainstream.

Defenders of police will say that police are mostly good people who do a difficult job and they will mostly be right.  But here is the problem:  In part due to our near fetishization of the police (if you think I exaggerate, come live here in Phoenix with our cult of Joe Arpaio), and in part due to the enormous power of public sector unions, we have made the following mistake:

  • We give police more power than the average citizen.  They can manhandle other people, drag them into captivity, search and take their stuff, etc.
  • We give police less accountability than the average citizen when things go wrong.   It is unusual even to get an investigation of their conduct, such investigations are seldom handled by neutral third parties, and they are given numerous breaks in the process no citizen gets.

The combination of these two can be deadly.

Ken White at Popehat writes to some of this

If you are arrested for shooting someone, the police will use everything in their power — lies, false friendship, fear, coercion — to get you to make a statement immediately. That's because they know that the statement is likely to be useful to the prosecution: either it will incriminate you, or it will lock you into one version of events before you've had an opportunity to speak with an adviser or see the evidence against you. You won't have time to make up a story or conform it to the evidence or get your head straight.

But what if a police officer shoots someone? Oh, that's different. Then police unions and officials push for delays and opportunities to review evidence before any interview of the officer. Last December, after a video showed that a cop lied about his shooting of a suspect, the Dallas Police issued a new policy requiring a 72-hour delay after a shooting before an officer can be interviewed, and an opportunity for the officer to review the videos or witness statements about the incident. Has Dallas changed its policy to offer such courtesies to citizens arrested for crimes? Don't be ridiculous. If you or I shoot someone, the police will not delay our interrogation until it is personally convenient. But if the police shoot someone:

New Mexico State Police, which is investigating the shooting, said such interviews hinge on the schedules of investigators and the police officers they are questioning. Sgt. Damyan Brown, a state police spokesman, said the agency has no set timeline for conducting interviews after officer-involved shootings. The Investigations Bureau schedules the interviews at an “agreeable” time for all parties involved, he said.

Cops and other public servants get special treatment because the whole system connives to let them. Take prosecutorial misconduct. If you are accused of breaking the law, your name will be released. If, on appeal, the court finds that you were wrongfully convicted, your name will still be brandished. But if the prosecutor pursuing you breaks the law and violates your rights, will he or she be named? No, usually not. Even if a United States Supreme Court justice is excoriating you for using race-baiting in your closing, she usually won't name you. Even if the Ninth Circuit — the most liberal federal court in the country — overturns your conviction because the prosecutor withheld exculpatory evidence, they usually won't name the prosecutor.

Also see Kevin Williamson.

Expensive Legislation Whose Only Benefit is a Politician's Talking Point During Re-election

I absolutely despise legislation like this.  Some legislator wants to pat him or herself on the back during their re-election that they "did something" about human trafficking so they pass this law:

New Mexico Governor Susana Martinez approved a law requiring employers to post a notice containing information about the National Human Trafficking Resource Center Hotline. The new law, H.B. 181, unanimously passed by both legislative chambers, becomes effective July 1, 2014.

Employers subject to the state Minimum Wage Act must post a sign containing the following notice in English and in Spanish and in any other written language where at least 10 percent of the workers or users of a covered facility speak that language:

NOTICE ON HUMAN TRAFFICKING: OBTAINING FORCED LABOR OR SERVICES IS A CRIME UNDER NEW MEXICO AND FEDERAL LAW. IF YOU OR SOMEONE YOU KNOW IS A VICTIM OF THIS CRIME, CONTACT THE FOLLOWING: IN NEW MEXICO, CALL OR TEXT 505-GET-FREE (505-438- 3733); OR CALL THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE TOLL-FREE AT 1-888-373-7888 FOR HELP. YOU MAY ALSO SEND THE TEXT “HELP” OR “INFO” TO BEFREE (“233733”). YOU MAY REMAIN ANONYMOUS, AND YOUR CALL OR TEXT IS CONFIDENTIAL

Oh yeah, that is going to make a big difference.  Have you seen a labor poster wall lately?  Probably not, because no employees ever look at these things unless they are by the microwave and they have nothing better to do while waiting for their popcorn.  But every time some legislator wants to "do something" about an employment related issue, another poster is added.

Here is the really hilarious part -- do they really think that a person who who is so lawless as to engage in forced labor is going to post this poster?  Seriously?    I have this picture in my head of a southern plantation owner in 1864 tacking the Emancipation Proclamation up in the slave quarters.

I will take a picture of all the posters required in California, because I was just working on it, but here is a list of what has to be posted.

Triangle Trade and Physics

You have heard of the Atlantic triangle trade in school.  It is always discussed in terms of its economic logic (e.g. English rum to African slaves to New World sugar).  But the trade has a physical logic as well in the sailing ship era.  Current wind patterns:

Earth-wind-map

 

Real time version here.  Via Flowing data.

Seriously, click on the real time link.  Even if you are jaded, probably the coolest thing you will see today.  One interesting thing to look at -- there is a low point in the spine of the mountains of Mexico west of Yucatan.  Look at the wind pour through it like air out of a balloon.

ACLU's Distaste for Commerce

Walter Olson writes (emphasis added)

Elane Photography LLC v. Vanessa Willock is the case in which an Albuquerque, NM woman has (thus farsuccessfully) sued husband-and-wife photographers under New Mexico’s “public accommodations” discrimination law for their reluctance to shoot photos of her commitment ceremony to a female partner. One of the most dismaying elements of the case is that the American Civil Liberties Union has taken the anti-liberty side. Adam Liptak in the NYT:

I asked Louise Melling, a lawyer at the American Civil Liberties Union, which has a distinguished history of championing free speech, how the group had evaluated the case.

Ms. Melling said the evaluation had required difficult choices. Photography is expression protected by the Constitution, she said, and Ms. [Elane] Huguenin acted from “heartfelt convictions.”

But the equal treatment of gay couples is more important than the free speech rights of commercial photographers, she said, explaining why the A.C.L.U. filed a brief in the New Mexico Supreme Court supporting the couple.

Earlier, Olson made the useful point that large organizations like the ACLU are not monolithic -- they have internal conflicts on issues like this.  But based on my interactions with the ACLU, I believe the key word is in bold:  "commercial".   For many at the ACLU, the fact that an activity is commercial or for money voids or cancels out any rights one has.  Property rights or rights exercised in the conduct of commerce tend to always come last (if at all) at the ACLU.  Which is why I donate every year to the IJ, the organization the ACLU should have been if they had not been founded by Stalinists.  Update:  That is unfair.  It's like criticizing someone because of what his father did or believed.  Many organizations move beyond their original founder's legacy.  But it is never-the-less undeniable that -- at best -- the ACLU has no interest in property rights or commercial freedoms.

New Development: Our Closure Creates Chaos in Sedona

As you know (and am sure are tired of hearing about) the US Forest Service has closed all our privately-funded and operated parks on their land.  These include a number of very popular campgrounds and parks in the Sedona area.

Today we got a call from the County Sheriff saying that visitors were parked all over the highway and walking into our (closed) concession areas.  He said they were creating a serious public safety problem, particularly at Call of the Canyon** (also known as West Fork) and Crescent Moon Ranch (also known as Red Rock Crossing).  I told him that I had specifically raised this issue about these specific sites all the way up to Cal Joyner, Regional head of the USFS in Arizona, New Mexico and parts of Oklahoma and Texas.  And the US Forest Service had closed us anyway.  The Sheriff begged us to reopen the facilities and I told him I would love nothing more but my contracts were suspended and I had no legal basis for doing so.

So, apparently, the sheriff cut the cable on the facilities and is letting cars into the facilities, creating even more chaos.  There is no one there to monitor safety, provide security, clean the bathrooms, pick up trash, etc. -- all the things we do every day without taking one dollar of Federal money, if only the US Forest Service would let us.  I am actually happy the Sheriff is giving visitors access.  These facilities are particularly lovely in the Autumn.  But the US Forest Service needs to send 15 or 20 people to help manage them, but that would cost them money they do not have.  Or they could just let us get back to operating the sites, which does not cost them one dime.

 

** The West Fork of Oak Creek Canyon is so beautiful in the fall that Zane Grey immortalized it in a novel called "Call of the Canyon."  The trailhead and parking area are cramped and require a lot of active management even when staffed to keep them operating safely.

Arizona's Real Immigration Issue: Californians

Some libertarians, who would normally be all for open immigration, have expressed concern about -- in the name of liberty -- allowing into the country people who will generally vote against it.  I have at times shared this concern but in the end find it wanting.

However, I have personally observed this happening in both of the recent states in which I have lived (Arizona and Colorado).  But the source of the problem has not been immigration from Mexico or any other country but from California.  Californians seem hell-bent to escape the mess they have made of their state.  They run to other states complaining of the disaster they are escaping.  And then they proceed to vote for the same taxation and regulatory policies that screwed up California.

Arizona state politicians are excited to get all that new income tax money.  While I am happy to see new wealth and talent flowing into our state, I fear that these new immigrants are plague carriers, bringing the virus of out-of-control state power to heretofore only mildly infected states.

Ha! Not in California

Eugene Volokh is writing about a case against an attorney who defrauded his firm.  The details are not important, what caught my eye is what is highlighted below:

Once again, this case does not turn on the bare fact that Attorney Siderits wrote-down his time; this case is about Attorney Siderits abusing his write-down discretion and lying to his law partners in order to collect almost $47,000 in bonuses to which he was not entitled. Attorney Siderits cannot seriously contend that firms must have a written policy forbidding stealing and lying before a misconduct charge for one of these actions can be sustained.

That certainly makes sense, but it does not apply at the California EDD, which administers (among other things) the state unemployment insurance program.  We terminated an employee for accepting money from a customer to provide a service, then pocketing the money and not providing the service.  I call this "theft", and had assumed all would understand that stealing from customers is a firing offense.   When California sent out its unemployment paperwork, we said this employee had been fired "for cause", which in many states means that they are ineligeable for full unemployment payments.

However, after some back and forth, I was eventually informed by the EDD that since I did not have an explicit policy in the employee manual that said "employees may not steal money from customers", then they could not recognize that she was fired for cause.  Even if I had put that in the manual, it probably would not have counted because the next thing EDD asked for is something in writing proving, with the employee's signature, that she had read that passage.   And from past experience with the EDD, my guess is that they likely would not have accepted firing on the first offense, but would have insisted we needed to have her steal from multiple customers, with written warnings each time, before we terminated her.

Basically, what this all means is that while the law technically says people can't be paid unemployment if fired for cause, California has made the standards of proof so absurd that this requirement is meaningless.  Everyone is going to get unemployment.

As it turns out, there is a silver lining from this lack of diligence by the state.  My business is seasonal and I can only offer summer work.   Most of my employees are happy with this, as they like to take the winter off (many are retired).  One is not supposed to collect unemployment if he or she is not actively seeking work, but my employees have discovered that California does zero dilligence to check this.  So some of them lie and say they are looking for work over the winter when they are not, and collect unemployment.  I know of two couples who spend their winter in Mexico but still collect their California unemployment like clockwork.   Not only is California not dilligent about it, but when I tried to report someone I knew who was collecting unemployment but not even in the country, I was threatened by the EDD official that I was risking substantial personal liability by submitting such a claim and opening my self up to civil suits and even prosecution for harassing the worker.  So of course I dropped it.

So what is the silver lining?  California is so eager to hand money in the off-season to support my employees' seasonal vacations that my unemployment insurance premium rate is already the worst possible.  My rates can't go any higher.  So if they insist on giving state money to a thief, it's not coming out of my pocket.

A Defense of Israel

I can't call myself a defender of Israel per se because they have done a number of illiberal things in their country that tick me off.  However, I can say that for all the problems they may have, their response to a neighboring country dropping rockets on its citizens is FAR more restrained than would be the response of, say, the US.  If Mexico were dropping rockets into El Paso, Mexico would be a smoking hole in the ground.   We still maintain a stricter economic embargo on Cuba, which has never done a thing to us, than Israel does on Gaza.

I pay attention to the Amherst College community since my son enrolled there.  I thought this was a pretty powerful article by an Amherst student who has taken a leave of absence to join the IDF.  Given my understanding of how Eastern liberal arts faculty think about Israel and Palestine, one should think of this as a voice in the wilderness.

Most Honest Government Web Site

Congrats to New Mexico for this picture on their Department of Revenue site.  This is EXACTLY how I feel when I am trying to track down some bizarre new tax I have just found out that we may owe.

Worst American Rail Project Ever?

Last week I was in Albuquerque several hours early for my meeting in Santa Fe.  Several years ago I had written about the Railrunner passenger rail line that operates from south of Albuquerque north to Santa Fe.  Our Arizona Republic had written a relentlessly positive article about the line, focusing on how much the people who rode on it loved it.  Given that the picture they included in the article showed a young woman riding in a nearly empty car, I suspected that while the trains themselves might be nice for riders, the service probably wasn't a very good deal for taxpayers.

Of course, as is typical, the Republic article had absolutely no information on costs or revenues, as for some reason the media has adopted an attitude that such things don't matter for rail projects -- all that matters is finding a few people to interview who "like it."  So I attempted to run some numbers based on some guesses from other similar rail lines, and made an educated guess that it had revenues of about $1.8 million and operating costs of at least $20 million, excluding capital charges.  I got a lot of grief for making up numbers -- surely it could not be that bad.  Hang on for a few paragraphs, because we are going to see that its actually worse.

Anyway, I was in Albuquerque and thought I would ride the train to Santa Fe.  I had meetings at some government offices there, and it turns out that the government officials who spent the state's money on this project were careful to make sure the train stopped outside of their own workplaces.    I posited in my original article that every rider's trip was about 90% subsidized by New Mexico taxpayers, so I might as well get my subsidy.

Well, it turned out I missed my chance.  Apparently, trains do not run during much of the day, and all I saw between 9:30AM and 4:00 PM was trains just parked on the tracks.  I thought maybe it was a holiday thing because it was President's Day but their web site said it was a regular schedule.  I caught the shot below of one of the trains sitting at the Santa Fe station.

Anyway, I got interested in checking back on the line to see how it was doing.  I actually respected them somewhat for not running mid-day trains that would lose money, but my guess is that only running a few trains a day made the initial capital costs of the line unsustainable.  After all, high fixed cost projects like rail require that one run the hell out of them to cover the original capital costs.

As it turns out, I no longer have to guess at revenues and expenses, they now seem to have crept into the public domain.  Here is a recent article from the Albuquerque Journal.  Initially, my eye was attracted to an excerpt that said the line was $4 million in the black.  Wow!  Let's read more

New Mexico Rail Runner Express officials said Wednesday the railroad will receive an additional $4.8 million in federal funding this year that puts the operating budget more than $4 million in the black.

The injection of new money boosts Rail Runner’s revenues this year to $28 million, well in excess of expected operating costs of $23.6 million, said Terry Doyle, transportation director of the Mid Region Council of Governments, which oversees Rail Runner.

OK, I am not sure why the Feds are putting up money to cover the operating costs of local rail lines in New Mexico, but still, this seems encouraging.  This implies that even without the Fed money, the line was withing $800,000 of breaking even, which would make it impressive indeed among passenger rail lines.  But wait, I read further down:

The announcement comes as state lawmakers debate a measure that would require counties with access to the Belen-to-Santa Fe passenger railroad to pay for any deficit in Rail Runner’s operations with local taxes. Currently, almost half its revenues, $13 million, comes from local sales taxes.

Oops, looking worse.  Now it looks like taxes are covering over half the rail's costs.  But this implies that perhaps $10 million might be coming from users, right?  Nope, keep reading all the way down to paragraph 11

The Rail Runner collects about $3.2 million a year in fares and has an annual operating budget of about $23.6 million. That does not include about $41.7 million a year in debt service on the bonds — a figure that include eventual balloon payments.

So it turns out that I was actually pretty close, particularly since my guess was four years ago and they have had some ridership increases and fare increases since.

At the end of the day, riders are paying $3.2 million of the total $65.3 million annual cost. Again, I repeat my reaction from four years ago to hearing that riders really loved the train.  Of course they do -- taxpayers (read: non-riders) are subsidizing 95.1% of the service they get.  I wonder if they paid the full cost of the train ride -- ie if their ticket prices were increased 20x -- how they would feel about the service?

Of course, the Railrunner folks are right on the case.  They have just raised prices, which "could" generate $600,000 in extra revenue, assuming there is no loss in ridership from the fare increases (meaning assuming the laws of supply and demand do no operate correctly).  If this fare increase is as successful as planned, they will have boldly reduced the public subsidy to just 94.2% of the cost of each trip.

By the way, it is interesting to note in this Wikipedia article (Wikipedia articles on government rail projects generally read like press releases) that ridership on this line dropped by over half when the service went from free to paid (ie when the government subsidy dropped from 100% to 95%).  The line carries around 2000 round-trip passengers (ie number of boarding divided by two) a day.  It is simply incredible that a state can directly lavish $60 million  a year in taxpayer money on just 2000 mostly middle class citizens.  That equates to a subsidy of $30,000 per rider per year, enough to buy every daily round trip rider a new Prius and the gas to run it every single year.

Postscript:  This person seems to get it.  One thing I had not realized, the trip from Albuquerque to Santa Fe that I did in my rental car in 60 minutes takes 90 minutes by "high-speed rail".

Good for Gary Johnson

Gary Johnson gave the finger to the Republican my-family-values-must-be-your-family-values set

Presidential candidate and former New Mexico Governor Gary Johnson charged today in a formal statement through his campaign that the Family Leader “pledge” Republican candidates for President are being asked to sign is “offensive to the principles of liberty and freedom on which this country was founded”.  Governor Johnson also plans to further state his position against the Family Leader pledge this afternoon in Las Vegas, NV at a speech he will deliver at the Conservative Leadership Conference.

Johnson went on to state that “the so-called ‘Marriage Vow” pledge that FAMILY LEADER is asking Republican candidates for President to sign attacks minority segments of our population and attempts to prevent and eliminate personal freedom.   This type of rhetoric is what gives Republicans a bad name.

“Government should not be involved in the bedrooms of consenting adults. I have always been a strong advocate of liberty and freedom from unnecessary government intervention into our lives. The freedoms that our forefathers fought for in this country are sacred and must be preserved. The Republican Party cannot be sidetracked into discussing these morally judgmental issues — such a discussion is simply wrongheaded. We need to maintain our position as the party of efficient government management and the watchdogs of the “public’s pocket book”.

“This ‘pledge’ is nothing short of a promise to discriminate against everyone who makes a personal choice that doesn’t fit into a particular definition of ‘virtue’.

Johnson is easily my favorite Presidential candidate in recent memory.

World's Most Dangerous Lizard

It could kill thousands of jobs.

For years I have resisted the meme that environmentalists were anti-energy and anti-industrialists. However, the current strong and growing environmental opposition to natural gas production in the US, probably the cleanest, sanest source of energy that we have, is quickly changing my opinion.  Texas and New Mexico residents fear that the dune sagebrush lizard will get endangered species status specifically as a lever to reduce oil production.

Angola?

I love maps like this one, and a year or two ago I linked an earlier version.  This one is from the Economist via Carpe Diem, and shows the name of the country whose GDP is similar in size to that of the state.

I have to criticize the map-maker, though.  They used Thailand at least four times on this map -- the original version managed to do it without repeats.  But I am amazed that Arizona ranks right there with Thailand.  This is not to diss the rest of the state, which has a lot going for it, but in terms of population and economic activity, a huge percentage in in just one city, Phoenix.

I do have to wonder whether New Mexico being matched up with "Angola" is really very flattering, and pairing Mississippi with Bangladesh is funny on a couple of levels.

Did Your SUV Cause the Haiti Earthquake?

The other day, environmental blog the Thin Green Line wrote:

At the American Geophysical Union meeting late last month, University of Miami geologist Shimon Wdowinski argued that the devastating earthquake a year ago may have been caused by a combination of deforestation and hurricanes (H/T Treehugger). Climate change is spurring more, stronger hurricanes, which are fueled by warm ocean waters....

The 2010 disaster stemmed from a vertical slippage, not the horizontal movements that most of the region's quakes entail, supporting the hypothesis that the movement was triggered by an imbalance created when eroded land mass was moved from the mountainous epicenter to the Leogane Delta.

I have heard this theory before, that landslides and other surface changes can trigger earthquakes.  Now, I am not expert on geology -- it is one of those subjects that always seems like it would be interesting to me but puts me in a coma as soon as I dive into it.   I almost failed a pass-fail geology course in college because in the mineral identification section, all I could think to say was "that's a rock."

However, I do know enough to say with some confidence that surface land changes may have triggered but did not cause the earthquake.  Earthquakes come from large releases of stored energy, often between plates and faults.  It's remotely possible land surface changes trigger some of these releases, but in general I would presume the releases would happen at some point anyway.  (Steven Goddard points out the quake was 13km below the surface, and says "It is amazing that anyone with a scientific background could attempt to blame it on surface conditions.")

The bit I wanted to tackle was the Thin Green Line's statement that "Climate change is spurring more, stronger hurricanes."   This is a fascinating statement I want to attack from several angles.

First, at one level it is a mere tautology.  If we are getting more hurricanes, then by definition the climate has changed.   This is exactly why "global warming" was rebranded into "climate change," because at some level, the climate is always changing.

Second, the statement is part of a fairly interesting debate on whether global warming in general will cause more hurricanes.  Certainly hurricanes get their power from warm water in the oceans, so it is not unreasonable to hypothesize that warmer water would lead to more, stronger hurricanes.  It turns out the question, as are most all questions in the complex climate, is more complicated than that.  It may be hurricanes are driven more by temperature gradients, rather than absolute temperatures, such that a general warming may or may not have an effect on their frequency.

Third, the statement in question, as worded, is demonstrably wrong.  If he had said "may someday spur more hurricanes," he might have been OK, but he said that climate change, and by that he means global warming, is spurring more hurricanes right now.

Here is what is actually happening (paragraph breaks added)

2010 is in the books: Global Tropical Cyclone Accumulated Cyclone Energy [ACE] remains lowest in at least three decades, and expected to decrease even further... For the calendar year 2010, a total of 46 tropical cyclones of tropical storm force developed in the Northern Hemisphere, the fewest since 1977. Of those 46, 26 attained hurricane strength (> 64 knots) and 13 became major hurricanes (> 96 knots).

Even with the expected active 2010 North Atlantic hurricane season, which accounts on average for about 1/5 of global annual hurricane output, the rest of the global tropics has been historically quiet. For the calendar-year 2010, there were 66-tropical cyclones globally, the fewest in the reliable record (since at least 1970) The Western North Pacific in 2010 had 8-Typhoons, the fewest in at least 65-years of records. Closer to the US mainland, the Eastern North Pacific off the coast of Mexico out to Hawaii uncorked a grand total of 8 tropical storms of which 3 became hurricanes, the fewest number of hurricanes since at least 1970.

Global, Northern Hemisphere, and Southern Hemisphere Tropical Cyclone Accumulated Energy (ACE) remain at decades-low levels.

The source link has more, and graphs of ACE over the last several decades (ACE is a sort of integral, combining the time-average-strength of all hurricanes during the year.  This is a better metric than mere counts and certainly better than landfall or property damage metrics).

So, normally I would argue with alarmists that correlation is not causation.   There is no point in arguing about causation, though, because the event he claims to have happened (more and stronger hurricanes) did not even happen.  The only way he could possibly argue it (though I am pretty sure he has never actually looked at the hurricane data and simply works from conventional wisdom in the global warming echo chamber) is to say that yes, 2010 was 40-year low in hurricanes, but it would have been even lower had it not been for global warming.  This is the Obama stimulus logic, and is just as unsupportable here as it was in that context.

Postscript: By the way, 2010 was probably the second warmest year in the last 30-40 years and likely one of the 5-10 warmest in the last century, so if warming was going to be a direct cause of hurricanes, it would have been in 2010.    And yes, El Ninos and La Ninas and such make it all more complicated.  Exactly.  See this post.

Asset Forfeiture and the Rule of Law

Thank goodness for the drug war so we can have crappy asset forfeiture laws that allow this:

You're free to go -- but we'll keep your money.

That's the position of Arizona Attorney General Terry Goddard on the failed case of Mario de la Fuente Manriquez, a Mexican media millionaire accused of organized crime.

Manriquez was arrested and charged earlier this year with 19 counts of money laundering, assisting a criminal syndicate, conspiracy and fraud. Seven other suspects, including Manriquez's son, were arrested in the alleged scheme to fraudulently own and operate several Valley nightclubs and exotic car dealerships.

Charges against Manriquez's son, Mario de la Fuente Mix, were dropped in August. And on Monday, as we reported, the state moved to drop the case against Manriquez.

But the state still wants to keep $12 million of Manriquez's money that was seized in the case, a spokesman for the AG's office tells New Times today.

The folks involved don't strike me as particularly savory characters, but due process is due process and if you drop charges against the guys, the money should be considered legally clean, especially when the authorities confess

Prosecutors acknowledged the money funneled to the United States from Mexico was earned legitimately by Manriquez. In the end, they couldn't prove he knew what was happening with his dough.

What happened to the money, by the way, is that is was invested in a series of businesses that appear to be entirely legal, their only apparent crime being that the incorporation paperwork omitted the name of Manriquez as a major source of funds.  Wow, money legally earned invested in legal businesses, with the only possible crime a desire for confidentiality (at worst) or a paperwork mistake (at best).  Sure glad our state AG is putting his personal time in on this one.

I do not know Arizona's forfeiture laws, but if they are like most other states', they probably allow state authorities to keep the seized money to use as they please, an awfully large incentive for prosecutorial abuse.

Our Arizona Governor is Truly Lame

Governor Jan Brewer of Arizona has been insisting for MONTHS that immigrants have been beheading people in the desert.  I wrote about it here,  shande doubled down on the claim in way back in June.   She repeated the claim on a televised debate the other day, and got all the national attention on this idiotic claim that she deserves.  She has reiterated this close-to-outright-racist-paranoid-fantasy any number of times through the whole summer.  So it is grossly disingenuous for her suddenly to act like it was a one-time mis-statement:

Gov. Jan Brewer rose to national fame defending the state's immigration law and warning of rising violence along the U.S.-Mexico border, including a claim that headless bodies were turning up in the Arizona desert.

But the claim has come back to haunt her after her stammering debate performance in which she failed to back it up and ignored repeated questions on the issue from a scrum of reporters.

Brewer has spent the time since backtracking and trying to repair the damage done from her cringe-worthy debate against underdog challenger Terry Goddard.

"That was an error, if I said that," the Republican told the Associated Press on Friday. "I misspoke, but you know, let me be clear, I am concerned about the border region because it continues to be reported in Mexico that there's a lot of violence going on and we don't want that going into Arizona."

That is as craven and mendacious a response as I have ever heard from a politician, and that is saying a lot (it had to be, to bet me worked up enough to blog from a seaside resort in Italy).

Back from the Big Floating Leisure Suit

I am back from the family reunion (my wife's family) which was held on a cruise last week.  The cruise was a really good venue for a family reunion -- small enough that you run into people, but large enough to escape them too.  Every night we had 4 large tables to ourselves in the restaurant.

The cruise itself was a little disappointing, but it was chosen more for being low cost and accesible to the entire group, so I can live with that.   There were way too many people in my space for my personal taste.  Someday I want to take a much smaller boat, maybe in the Greek Isles.

A couple of things amazed me.  One, the port of call in Mexico was really a dump.  And this is from someone who has spent time in Mexico, good places and bad, and has some fondness for the country.  I figured out the reason when I was laying on the deck and saw the Panamanian flag flying form the back of the boat.  By US law, for a non-US flagged ship to leave and return to a port (in this case Long Beach), it must stop in between in another country.  I am sure the cruise line would love to run four day cruises say between San Diego and Santa Barbara or San Francisco, but that would be illegal unless they took on the prohibitive cost of operating a US-flagged ship.  So we stopped in a little industrial town just over the border to make it all legal.

The other thing that amazed me was the decor of the ship.  I would have bet money that the ship was designed in the 1970's.  Our room, which had a balcony, was nice, but the common areas were right out of bad 1970's casino ambiance.  Amazingly, though, the nameplate said it was built in 1998.  Not sure what these guys were thinking.  I called it the great floating leisure suit.

Internet service was $24 per hour, so I did not do any blogging, but the good news is I got a ton of writing done on my new novel.

Not Particularly Surprising

Natural seeps in the Gulf of Mexico release more oil each year than even the most recent oil spill.  Somehow, nature consumes this oil with only a few tar ball showing up on beaches.  Which is why this is not hugely surprising

The oil slick in the Gulf of Mexico appears to be dissolving far more rapidly than anyone expected, a piece of good news that raises tricky new questions about how fast the government should scale back its response to the Deepwater Horizon disaster.

The immense patches of surface oil that covered thousands of square miles of the gulf after the April 20 oil rig explosion are largely gone, though sightings of tar balls and emulsified oil continue here and there.

Reporters flying over the area Sunday spotted only a few patches of sheen and an occasional streak of thicker oil, and radar images taken since then suggest that these few remaining patches are quickly breaking down in the warm surface waters of the gulf.

Sheriff Arpaio Meets Al Gore

Not since the Reese's Peanut Butter Cups have there been two great populist tastes that go so great together.  In an amazing bit of fact-free scare mongering gauged to panic everyone across the political spectrum, Michael Oppenheimer (embarrassingly a professor at my alma mater) manages to combine demagoguing against Mexican immigration with climate alarmism

Climbing temperatures are expected to raise sea levels and increase droughts, floods, heat waves and wildfires.

Now, scientists are predicting another consequence of climate change: mass migration to the United States.

Between 1.4 million and 6.7 million Mexicans could migrate to the U.S. by 2080 as climate change reduces crop yields and agricultural production in Mexico, according to a study published online this week in the Proceedings of the National Academy of Sciences. The number could amount to 10% of the current population of Mexicans ages 15 to 65.

The proceedings of the NAS has become a joke of late.  Roger Pielke Jr responded:

To be blunt, the paper is guesswork piled on top of "what ifs" built on a foundation of tenuous assumptions. The authors seem to want to have things both ways -- they readily acknowledge the many and important limitations of their study, but then go on to assert that "it is nevertheless instructive to predict future migrant flows for Mexico using the estimates at hand to assess the possible magnitude of climate change"“related emigration." It can't be both -- if the paper has many important limitations, then this means that that it is not particularly instructive. With respect to predicting immigration in 2080 (!), admitting limitations is no serious flaw.

To use this paper as a prediction of anything would be a mistake. It is a tentative sensitivity study of the effects of one variable on another, where the relationship between the two is itself questionable but more importantly, dependent upon many other far more important factors. The authors admit this when they write, "It is important to note that our projections should be interpreted in a ceteris paribus manner, as many other factors besides climate could potentially influence migration from Mexico to the United States." but then right after they assert, "Our projections are informative,nevertheless, in quantifying the potential magnitude of impacts of climate change on out-migration." It is almost as if the paper is written to be misinterpreted

I thought this response was instructive

Philip Martin, an expert in agricultural economics at UC Davis, said that he hadn't read the study but that making estimates based solely on climate change was virtually impossible.

"It is just awfully hard to separate climate change from the many, many other factors that affect people's decisions whether to stay in agriculture or move," he said.

The same exact statement, by the way, could be made as to the relationship of climate change to the single variable manmade CO2 without reference to the myriad of other factors that affect the complex climate system.

Bureaucratic Blindness

This is a follow-up to my opinion piece in Forbes the other day.  Remember, this outcome is not somehow preventable by having "our, smarter guys" in charge -- it is an inevitable result of the information and incentives of government organizations.

Three days after the BP oil spill in the Gulf of Mexico began on April 20, the Netherlands offered the U.S. government ships equipped to handle a major spill, one much larger than the BP spill that then appeared to be underway. "Our system can handle 400 cubic metres per hour," Weird Koops, the chairman of Spill Response Group Holland, told Radio Netherlands Worldwide, giving each Dutch ship more cleanup capacity than all the ships that the U.S. was then employing in the Gulf to combat the spill....

In sharp contrast to Dutch preparedness before the fact and the Dutch instinct to dive into action once an emergency becomes apparent, witness the American reaction to the Dutch offer of help. The U.S. government responded with "Thanks but no thanks," remarked Visser, despite BP's desire to bring in the Dutch equipment and despite the no-lose nature of the Dutch offer --the Dutch government offered the use of its equipment at no charge. Even after the U.S. refused, the Dutch kept their vessels on standby, hoping the Americans would come round. By May 5, the U.S. had not come round. To the contrary, the U.S. had also turned down offers of help from 12 other governments, most of them with superior expertise and equipment --unlike the U.S., Europe has robust fleets of Oil Spill Response Vessels that sail circles around their make-shift U.S. counterparts.

Why does neither the U.S. government nor U.S. energy companies have on hand the cleanup technology available in Europe? Ironically, the superior European technology runs afoul of U.S. environmental rules. The voracious Dutch vessels, for example, continuously suck up vast quantities of oily water, extract most of the oil and then spit overboard vast quantities of nearly oil-free water. Nearly oil-free isn't good enough for the U.S. regulators, who have a standard of 15 parts per million -- if water isn't at least 99.9985% pure, it may not be returned to the Gulf of Mexico....

The Americans, overwhelmed by the catastrophic consequences of the BP spill, finally relented and took the Dutch up on their offer -- but only partly. Because the U.S. didn't want Dutch ships working the Gulf, the U.S. airlifted the Dutch equipment to the Gulf and then retrofitted it to U.S. vessels. And rather than have experienced Dutch crews immediately operate the oil-skimming equipment, to appease labour unions the U.S. postponed the clean-up operation to allow U.S. crews to be trained.

Jan Brewer Jumps the Shark, Slides into Outright Prejudice

On this blog, over the last couple of months, I have presented a pretty clear set of facts showing that, with the possible exception of some rural border regions beset by drug gangs, the vast majority of Arizona has experienced rapidly falling crime rates, in fact crime rates falling much faster than in the rest of the country.  The crime rates of even our key border towns has remained flat.

What to make, then, of these statements by our governor.

Gov. Jan Brewer on Friday reiterated her assertion that the majority of illegal immigrants are coming to the United States for reasons other than work, saying most are committing crimes and being used as drug mules by the cartels.

Brewer's remarks are an expansion of comments she made last week during a televised debate between the four Republican gubernatorial candidates....

In the debate, Jette [a candidate running against Brewer] said that most people who cross illegally into Arizona are "just trying to feed their families." Brewer disputed that, saying, "They're coming here, and they're bringing drugs.

And they're doing drop houses, and they're extorting people and they're terrorizing the families." The governor, who has become a national media figure since signing Senate Bill 1070 into law on April 23, went further on Friday, saying that the "majority of the illegal trespassers that are coming (into) the state of Arizona are under the direction and control of organized drug cartels."

When pressed, Brewer said that even those who do come to the United States looking for work are often ensnared by the cartels.

"They are accosted, and they become subjects of the drug cartels."

Estimates are that there are 8-12 million illegal immigrants in the US (Brewer's hispano-phobic allies would put the number much higher).  They are mostly all drug dealers and criminals?  Really?

I try really hard not to try to guess at what motivates folks I disagree with by assuming they are driven by something dark and evil, but how else in this case can one describe opinions like this so contrary to facts as anything other than prejudice against a particular ethnic group?

Just look at the actions of our governor and folks like Joe Arpaio.  If it really were the case that illegal immigrants are all criminals uninterested in legal work, then why is so much recent legislation aimed at business owners that hire illegal immigrants?  Or at day labor centers?  Why are all of Sheriff Joe's immigration sweeps raiding lawful businesses rather than, say, crack houses?  After all, if illegal immigrants are all just drug dealers not looking for real work, why spend so much time looking for them, uh, doing real work?

Postscript: If Brewer is in fact correct, then there is a dead easy solution for the illegal immigration problem -- legalize drugs.  She and I both agree that the worst criminal elements of illegal immigrants would be much less of a problem without the illegal drug trade.  The only difference is that I think that segment makes up less than 1% of the population of illegal immigrants, and she thinks its everyone.

Further, to the extent that some illegal immigrants just trying to support their families are "ensnared" by drug cartels (whatever that means) it is because of their immigration status.  Make them legal residents of the country, and no one has any particular leverage over them.

Note to Commenters: Many, many of you have disagreed with me vociferously on immigration.  Please, I would love to see reasoned comments defending Brewer, particularly with data.  In particular, please use the laws of supply and demand to explain how the majority of 8-12 million people are able to earn a living in the illegal drug trade in the southwest.  To help you out, there are about 6.6 million people in Arizona.  Based on national rates of 8% of over age 12 being users, about 500,000 of those are illegal drug users.  One estimate is that there are 500,000 illegal immigrants in Arizona.

Update: Are she and I living in the same state?

Arizona GOP Gov. Jan Brewer claimed recently that law enforcement has been finding beheaded bodies in the desert "” but local agencies say they've never encountered such a case.

"Our law enforcement agencies have found bodies in the desert either buried or just lying out there that have been beheaded," Brewer said Sunday, suggesting that the beheadings were part of increased violence along the border.

But medical examiners from six of Arizona's counties "” four of which border Mexico "” tell the Arizona Guardian that they've never encountered an immigration-related crime in which the victim's head was cut off.

See? We Are Securing the Border

Wow, I am sure those in Arizona who are clambering for more border support from President Obama will back off now that they hear this:

U.S. Customs and Border Protection spokesman Rob Daniels says officers at the Douglas port of entry stopped a tractor-trailer coming from Mexico for further inspection on Friday.

Officers found the tractor-trailer was loaded with papier-mache items, including 108 piñatas in the likeness of Disney characters on their way to Thornton, Colo.

Officers seized the shipment for violation of intellectual property rights.

You will be happy that national security has been protected

Assistant port Director Eli Villareal says the piñatas may seem innocent, but shipments of illegal merchandise on a national scale can undermine the U.S. economy and "is a vital element in national security.

Things I Am Tired of Hearing

Because I take cash deposits at a number of campgrounds around the country, we have accounts with 30+ different banks.  Every few weeks one of them asks for some outrageously intrusive piece of information or paperwork.  And I ask them, what is this for, and get told that it is "a new requirement of the federal government."  I appreciate the feds have put in all kinds of new bank account controls in a misguided attempt to do something about terrorism (side bet:  most of these have more to do with the drug war than terrorism).  But in most of these cases, either my 29 other banks are breaking the law, or my bank is misguided.  Or worse, BS'ing me by falsely blaming their own information acquisitiveness on the feds.

Today I had a tiny, tiny telephone company in southern New Mexico call me to say they needed my drivers license and a utility bill from a New Mexico resident to add a phone line.  This new phone line is 1) for my corporation and 2) about the 8th account with this same phone company.  Given the area they operate, I may be their largest customer in town.  I told her I thought the requirement that a corporate officer give up his drivers license to get an extra corporate phone line was absurd, and further if they wanted a personal utility bill in New Mexico they would be waiting forever.  After being kicked up to their supervisor, I was told that they would settle for proof of my corporations federal tax ID # and a copy of my lease for the campground in question proving I was the legal occupant.  When asked why -- I mean, do they really have a problem with people paying the phone bill for locations that are not theirs -- they said it was now required by the federal government.

Really?  this sounds like BS.  Again, my 30 other phone companies would probably like to know they are breaking the law.  But who knows, maybe the feds really care.  If I had to bet, this would again be chalked up to the war on terror, but if I really could get to the bottom of it, I would find its about the drug war -- one time somewhere a drug dealer set up a phone line in an assumed name in an abandoned building and now I have to get fingerprinted and have an FBI check to get a phone line (don't laugh at the latter, one still has to get fingerprinted for every liquor license as a holdover from 80 years ago when gangs ran speakeasy's).

Rommel Was an Illegal Immigrant in France

I have written on several occasions about how the data demonstrate pretty conclusively that immigrants are not driving a crime wave in Arizona (here and here).  The one exception to this may be well-armed quasi militaristic gangs raiding near the border.  These guys are certainly running rampant in Norther Mexico and conflicting reports have them making certain US border regions nearly unlivable.

OK, but how is this crime a justification for state laws that harass day laborers and companies that hire immigrants, while requiring law enforcement to check immigration status at traffic stops?  One could technically describe the German army in 1941 as illegal immigrants in France, but I don't think this euphemism would trick anyone into thinking that Arizona-style immigration laws would have saved France from Guderion, Rommel and company.

There is zero in SB1070 that will do one little thing to phase such gangs.  So how can people with a straight face use such crime as justification for the bill?

Common Cause

I will tell you, those who agree with me on the immigration issue in the Democratic Party are trying as hard as they can to turn me against immigration.  This same thing happened in the Iraq war.  I was against the war, as I thought it a poor use of resources (there are just too many bad governments in the world to take them all down that way).  But when my fellow anti-war travelers agreed with me for stupid reasons (we must defer to Europe, Sadam is not a bad guy, etc.) it almost made me change my mind.  If the people who agree with me are idiots, is that a bad sign?

TJIC has similar thoughts here, and I watched in amazement as the Mexican President yesterday criticized US immigration policy for being to harsh, despite the fact it is far more open than Mexico's own immigration policy.