Posts tagged ‘police’

Arizona State Legislature Considering Yet Another Awful Law, This Time Allowing Police Prior Restraint on Speech

It is hard to pick out the most egregious example of bad legislation that has been considered by our state legislature, but this one is certainly close:

Claiming people are being paid to riot, Republican state senators voted Wednesday to give police new power to arrest anyone who is involved in a peaceful demonstration that may turn bad — even before anything actually happened.

SB1142 expands the state’s racketeering laws, now aimed at organized crime, to also include rioting. And it redefines what constitutes rioting to include actions that result in damage to the property of others.

But the real heart of the legislation is what Democrats say is the guilt by association — and giving the government the right to criminally prosecute and seize the assets of everyone who planned a protest and everyone who participated. And what’s worse, said Sen. Steve Farley, D-Tucson, is that the person who may have broken a window, triggering the claim there was a riot, might actually not be a member of the group but someone from the other side....

There’s something else: By including rioting in racketeering laws, it actually permits police to arrest those who are planning events. And Kavanagh, a former police officer, said if there are organized groups, “I should certainly hope that our law enforcement people have some undercover people there.’’

“Wouldn’t you rather stop a riot before it starts?’’ Kavanagh asked colleagues during debate. “Do you really want to wait until people are injuring each other, throwing Molotov cocktails, picking up barricades and smashing them through businesses in downtown Phoenix?’’

This is the sort of law that is almost guaranteed to be abused and enforced in an asymmetrical manner.  This is one of those laws where the "Am I comfortable giving my political opponent this sort of power" test is particularly useful.  Conservatives rightly complained about the Obama Administrations asymmetric IRS scrutiny on Tea Party groups, but this law would create a far greater potential for abuse.  We no longer have Sheriff Joe any more (which is one reason I don't join so many others in complaining about the election of 2016) but does anyone doubt that Arpaio would have used this law to shut down every pro-immigrant protest he could learn about in advance?

Accountability for Police and Why Its So Hard

The other day, in writing about how I think Black Lives Matter has lost its way, I said that I supported their goal of increasing accountability of police forces but that goal was going to take a lot of hard, nuts-and-bolts legislative and policy steps that BLM seems uninterested in pursuing.  This article from Reuters (via link from Overlawyered) gives one an idea of some of the issues that exist:

The episode is a telling snapshot of the power police unions flex across the United States, using political might to cement contracts that often provide a shield of protection to officers accused of misdeeds and erect barriers to residents complaining of abuse.

From city to city, union contracts have become just as crucial in governing departments as police manuals and city charters. Yet those contracts are coming under scrutiny amid civil rights protests over alleged police abuses, including shootings of unarmed black subjects.

Reuters, examining the fine print of 82 police union contracts in large cities across the country, found a pattern of protections afforded the men and women in blue:

• A majority of the contracts call for departments to erase disciplinary records, some after just six months, making it difficult to fire officers with a history of abuses. In 18 cities, suspensions are erased in three years or less. In Anchorage, Alaska, suspensions, demotions and disciplinary transfers are removed after two years.

• Nearly half of the contracts allow officers accused of misconduct to access the entire investigative file – including witness statements, GPS readouts, photos, videos and notes from the internal investigation – before being interrogated.

• Twenty cities, including San Antonio, allow officers accused of misconduct to forfeit sick leave or holiday and vacation time rather than serve suspensions.

• Eighteen cities require an officer’s written consent before the department publicly releases documents involving prior discipline or internal investigations.

• Contracts in 17 cities set time limits for citizens to file complaints about police officers – some as short as 30 days. Nine cities restrict anonymous complaints from being investigated.

Police and their supporters will say that Police have a particularly dangerous job and need such extra process protections.  In fact, while there are dangers, it is certainly not among the most dangerous jobs (trash collectors are twice as likely to die on the job than police).  I would argue that we give the police unique powers -- to use violence and to take away a persons liberty -- not possessed by any other citizens and thus we should expect more rather than fewer accountability provisions to go with these special powers.

I will say that I am not particularly optimistic about progress in this area.  The Right tends to fetishize police and are tend to oppose any restrictions on police.  The Left is the natural home for police reform, but most on the Left are loath to take on public employee unions, probably their strongest base of political power, and most of these changes (as seen above) require challenging the police unions.  Black Lives Matter brought a lot of focus to these issues, but they simply can't seem to get past disruption and into policy changes and legislation, and besides the group appears to have been hijacked by the Left to be a vehicle for generic protests of Progressive causes like climate change legislation.

The Left's Nutty, Irrational, Disruptive Opposition Tactics Almost Make Me Want to Switch Sides

I am embarrassed to admit that I initially supported the war in Iraq (though at least I admit that rather than try to rewrite history as do many public figures).   I got swept up in the post 9/11 nationalism and wasn't very sophisticated in my thinking about such interventions.  But I also think part of the  reason for my support was because the opposition was often so irrational and, well, loony.   At least subconsciously, I must have been thinking, "I can't be on the same side with these idiots."

This was a useful experience, though, because in the years since I have frequently found myself allied with the Left on certain issues where I have been appalled by their opposition tactics.  Black Lives Matter is a great case in point.  I absolutely agree with the premise that police forces need more accountability and that the costs of the current lack of accountability fall disproportionately on African Americans.  I thought this initial BLM 10-point plan was really very good.  But ugh, their tactics.  Blocking highways and threatening drivers, where does that get us?   Or the whole tactic of forcing someone to choose between "Black Lives Matter" and "All Lives Matter" -- I mean seriously, WTF?  How is this kind of social justice rhetorical trap at all useful?  And now the movement has so much cred that it has been hijacked by the Left to support climate change legislation and all sorts of unrelated matters, so it likely will never make any actual progress on police accountability.  It would be easy to recoil from all this and shy away from my passion for increasing police accountability because my allies are so off-putting in their tactics, but my Iraq War experience has taught me that this would be a mistake.

And now, we have the opposition to Trump, and all the same loony Left tactics are emerging.  We get lectured by celebrities, and discover that the deepest threat of Trump may be the marginalization of actresses who make $20 million a picture.  We get roads blocked and public violence.    I wonder if all this is driving folks who originally found Trump distasteful into his arms?

I fear that all the oxygen is getting sucked out of the room with protests of crazy hypothetical scenarios while ignoring the real problems that are occurring already.  So everyone is focusing on women marching on Washington, despite the fact that Trump is almost certainly no worse in his personal behavior towards women than Bill Clinton and is likely, on women's issues, the furthest to the Left of all of the 16 original GOP presidential candidates.    We focus on some hypothetical future slight to women while ignoring his economic nationalism, economic interventionism, corporatism, and cronyism that is already on display with Carrier and the auto makers.

As I wrote here, the ability to criticize public figures has limited bandwidth.  Sure, an infinite number of things can be discussed on the Internet, but only a few reach a general consciousness across society.  One way to look at it is to compare it to an NFL game.  In an NFL game, coaches only have two challenge flags they can throw to challenge a bad call by the referees -- after their challenge flags are used, they are out of luck.  The Left is using up all our challenge flags on their own social justice bogeymen, and causing everyone to miss the opportunity to challenge Trump on more relevant faults (of which there are many).

The other problem with the Left's tactics is that they are not well-matched to Trump and likely will be counter-productive.  All this crazy protest is more likely to cause Trump to petulantly lash back.  This one of his worst qualities as a leader, but it is a fact all the same.  Take abortion, for example.  My gut feel is that Trump has never had any problem with abortion, and likely has supported it in the past.  Hell, he's probably secretly paid for a few.  If women's groups had gone and sat down with him quietly and said, "hey, we are worried about creeping restrictions on abortion in many states", Trump probably would have been sympathetic.  This is the Trump, after all, who mythologizes himself as a deal-maker.  But groups on the Left can't seem to do this, in part because of tribal virtue-signalling on the Left.  The Left has decided that their tactic will be to treat Trump as illegitimate, so any group that goes to talk to him is marginalized and excoriated by the rest of the Left.  So rather than sit down and work with a likely-sympathetic Trump, they head out into the streets to denounce him in the craziest possible terms, tactics that may well drive him into exactly the actions that women fear.  If abortion was a big issue for me, I would be pissed at women's groups for their bone-headed tactics.

My Favorite Description To Date of the Problems and Appeal of Trump

Scott Alexander has a great article on the problems with Trump's approach to economics.  I want to begin, though, with an analogy he uses at the end because it is the best single framework I have seen about understanding Trump's appeal:

Suppose you’re a hypercompetent billionaire in a decaying city, and you want to do something about the crime problem. What’s your best option? Maybe you could to donate money to law-enforcement, or after-school programs for at-risk teens, or urban renewal. Or you could urge your company full of engineering geniuses to invent new police tactics and better security systems. Or you could use your influence as a beloved celebrity to petition the government to pass laws which improve efficiency of the justice system.

Bruce Wayne decided to dress up in a bat costume and personally punch criminals. And we love him for it.

I worry that Trump’s plan for his administration is to dress up in a President costume and personally punch people we don’t like, while leaving policy to rot. And I worry it’s going to work.

Basically, Trump is acting like a small state governor, focusing his economic efforts on getting the Apple factory to come to town

So based on these two strategies, we are in for four years of sham Trump victories which look really convincing on a first glance. Every couple of weeks, until it gets boring, another company is going to say Trump convinced them to keep jobs in the United States. The total number of jobs saved this way will never be more than a tiny fraction of the jobs that could be saved by (eg) good economic policy, but nobody knows anything about economic policy and Trump will make sure everybody hears about Ford keeping jobs in the US. Every one of these victories will actively make the world worse, in the sense that these big companies will get taxpayer subsidies or favors they can call in later to distort government priorities, but nobody’s going to notice these either.

It seems appropriate to end this with a bit of Bastiat:

In the economic sphere an act, a habit, an institution, a law produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them.

There is only one difference between a bad economist and a good one: the bad economist confines himself to the visible effect; the good economist takes into account both the effect that can be seen and those effects that must be foreseen.

Yet this difference is tremendous; for it almost always happens that when the immediate consequence is favorable, the later consequences are disastrous, and vice versa. Whence it follows that the bad economist pursues a small present good that will be followed by a great evil to come, while the good economist pursues a great good to come, at the risk of a small present evil.

Bank of America is Protecting Merchants Who Lose Credit Card Data By Hiding Their Names

My small business has a Visa account with Bank of America so that our managers can have the ability to charge small expenses.  My personal corporate card is part of that account.  At least twice a year, I get the dreaded call from the bank telling me my card number was part of a data breach and I have to get a new card.  And then I have to spend hours and hours updating a zillion online accounts with new numbers, and I face weeks and months of past due notices from accounts I forgot to change.

I am willing to accept Bank of America's explanation that some merchant outside their system caused the breech.  So each time I ask the obvious question, "who was the merchant so I can stop doing business with them?"  And every single time Bank of America refuses to tell me.  For reasons beyond my reckoning, Bank of American and apparently the Visa system have a vow of Omerta in which they protect security-deficient retailers from scrutiny.  It is infuriating.  In a free society, we should not need the government to hold merchants accountable for data privacy, we should be able to do it ourselves as customers.  Apparently I am not the only one who is similarly frustrated by this.

Does anyone know of any Visa issuers that are more transparent about the sources of data breaches?  Is Amex better on this than the Visa/MC system?

Update:  From a Senior Fraud Analyst at Bank of America:

I am responding to an email you sent to us regarding the data compromise situation that keeps happening with your corporate card.

I do understand the frustration you experience.  We are not provided specific details about where the compromise occurred.  The compromise could have happened sometime in the past and it may not be limited to one specific merchant or processing center.  I do understand that  you not wanting to use the card at the site of the compromise, but keep in mind that when a merchant or processing center is compromised they likely took measures to improve their security, the continued compromises could be coming from different processing centers or merchants and not the same place each time.

My email back in response:

This is how banks invite regulation on themselves.  If Visa and the large credit card issuing banks were more transparent with customers about retailers that create data breaches, customers could take their own action to police irresponsible parties by taking their business elsewhere.  Ditto merchant processors -- we businesses could easily shift our merchant processing accounts.  But instead, by creating this sort of rule of Omerta where you protect the irresponsible party from public disclosure, people feel helpless.  It is in that environment that folks like Elizabeth Warren can create so much havoc with regulation.

By the way, please do not tell me to be comfortable that the offending merchants have already tightened up their security.  It has been nearly 18 months after the requirements that merchants accept chip cards to avoid extra liability and half the stores I visit still have the chip card slot on their credit card machines disabled.  No retailer is going to stop being irresponsible until you banks stop protecting the bad ones.  Look what happened at Target - they got a lot of bad publicity from their breach but you can be damn sure they were one of the first that were accepting chip cards.

Because Everybody Knows Rich White Males Will Be Hurt the Most By Higher Fuel and Electricity Prices

Apparently, BLM is now protesting for climate action of some sort, temporarily closing an airport in the UK.

BLM has created a very hot brand, and at least for certain segments of the population, it has a lot of accumulated virtue credits.  Now, everyone on the progressive Left wants to use that brand and those virtue credits, and are trying to shove their particular issues under the BLM tent.  BLM is thus in the process of being hijacked.  I give the movement about 60 days to get its messaging in order before its power to actually affect its original issue (police and proprietorial abuse) is at an end.  That doesn't mean that BLM will go away -- if successfully jacked it may be around for decades, but it will be just another progressive shell organization.  This will make its leaders more prominent and even perhaps a lot richer (think gigs at MSNBC), but it will make the goal of getting more accountability applied to police forces a dead letter.

BLM: OK, You Have Our Attention -- and Many of Us Are Sympathetic -- What in the Hell Do You Want Done?

Well, it appears that Black Lives Matters has moved on to climate activism, or whatever, but has mostly fallen off message on police accountability.  Protests in the vague hope of ending racism by closing busy highways and airports and kneeling during the National Anthem are going to get nothing done -- the solution to the problems that sparked the BLM movement are to be found in legislative efforts to create better police accountability measures and to roll back a number of egregious protections from accountability that exist in many union contracts.  The solution is not to throw blanket hate on police officers, many or most of whom are doing a good job, but to recognize that when we give officers unique powers to use force, they need extra accountability to go with those powers.  Today, most police have less accountability for their use of force than you and I do.

Unfortunately, doing that is hard.  It is a tough legislative slog that has to go local city by local city, with few national-level shortcuts available.  It faces opposition from Conservatives who tend to fetishize police, and from Liberals who are reluctant to challenge a public employees union.  And it requires that BLM translate their energy from disruption and attention-grabbing (which they are very good at) to policy and legislation, which they have shown no facility for.  They need to be working on model legislation and pushing that down to the local level.  This original plan actually looked pretty good, but apparently it has been rejected and gets little or no attention.

As a result, BLM seems to be stuck in a pointless do-loop of disruption and virtue-signalling.  I just want to scream at them, "OK, you have our attention -- and many of us are sympathetic -- what in the hell do you want done?"  Unfortunately, their current lists of goals have almost nothing to do with police accountability and appear to be a laundry list of progressive talking points.  It appears to be another radical organization that has been jacked by the Democratic establishment to push mainstream Democratic talking points.

Here is a good example, for a number of reasons.  In the past, the officer likely would have been believed and the woman might have been convicted of something.  I think this happens to people across the racial spectrum, but African-Americans have had a particularly hard time -- given both racist perceptions and lack of good counsel -- in these he-said-she-said cases with police.  Not to mention that African-Americans -- for a variety of reasons including racial profiling in things like New York's stop and frisk program to the tendency of poor black municipalities to fine the crap out of their citizens to generate revenue -- come in contact with police disproportionately more often.

I offered my plan to help African-Americans a number of times in the past:

  • Legalize drugs.  This would reduce the rents that attract the poor into dealing, would keep people out of jail, and reduce a lot of violent crime associated with narcotics traffic that kills investment and business creation in black neighborhoods.  It would also reduce the main excuse for petty harassment by police that falls disproportionately on young black men.  No it's not a good thing to have people addicted to strong narcotics but it is worse to be putting them in jail and having them shooting at each other.
  • Bring real accountability to police forces.  When I see stories of folks absurdly abused by police forces, I can almost always guess the race of the victim in advance.  I used to be a law-and-order Conservative that blindly trusted police statements about every encounter.  The advent of cell-phone video has proven this to be supremely naive.  No matter how trusted, you can't give any group a pass on accountability.
  • Eliminate the minimum wage   (compromise: eliminate the minimum wage before 25).  Originally passed for racist reasons, it still (if unintentionally) keeps young blacks from entering the work force.  Dropping out of high school does not hurt employment because kids learn job skills in high school (they don't); it hurts because finishing high school is a marker of responsibility and other desirable job traits.  Kids who drop out can overcome this, but only if they get a job where they can demonstrate these traits.  No one is going to take that chance at $10 or $15 an hour
  • Voucherize education.  It's not the middle class that is primarily the victim of awful public schools, it is poor blacks.  Middle and upper class parents have the political pull to get accountability.   It is no coincidence the best public schools are generally in middle and upper class neighborhoods.  Programs such as the one in DC that used to allow urban poor to escape failing schools need to be promoted.

Being A Victim Apparently Has More Status Now Than Being A Gold Medal Winner -- Ryan Lochte Channels "Jackie"

There appears to be no rational way to explain Ryan Lochte's bizarre need to make up a story about being the victim of an armed robbery.  The media seems to be pushing the notion that he made up the story to cover up his own vandalism at a gas station, but that makes zero sense.  He had already defused the vandalism incident with a payment of cash to the station owner.  The rational response would be to just shut up about the whole thing and let it be forgotten.

But instead, he purposely made a big deal about the incident, switching around the facts until he was a victim of an armed assault by men posing as police officers, up to and including harrowing details of a cocked gun being jammed into his forehead.  The incident, likely ignored otherwise, suddenly became a BIG DEAL and subsequent investigation (including multiple video sources) showed Lochte to be a bald-faced liar.

The only way I can explain Lochte's motivation is to equate it with the lies by "Jackie" at the University of Virginia, whose claims of being gang-raped as published in the Rolling Stone turned out to be total fabrications.  Like Lochte, she dressed up the story with horrifying details, such as being thrown down and raped on a floor covered in broken glass.  The only real difference I can see, in fact, between Lochte and Jackie  is that the media still protects Jackie (via anonymity) from well-deserved humiliation for her lies while it is piling on Lochte.

I can sort of understand Jackie's motivation -- she was by all accounts a frustrated, perhaps disturbed, certainly lonely young woman who was likely looking for some way to dramatically change her life.  But Lochte?  Ryan Lochte has won multiple Olympic medals, historically in the sports world a marker of the highest possible status.  But in today's world, Lochte viewed victimhood as even higher status.

Update:  This is probably the fairest account of the whole incident.

One Weird Trick That Will Sell Your Tax Increase to the Public

Here is the trick:  You want a tax increase for X.  The public is never going to approve of raising taxes for X.  So you bundle 95% X with 5% Y, Y being something the public is really excited about.  As much as possible, you never mention X in any discussion of the tax increase, despite most of the funds being dedicated to X, and instead focus solely on Y.   If history is any guide, you will get your tax increase.

What a specific example?  You want a tax increase to fund a huge public transit boondoggle.  The public is not buying it.  So you rebrand the public transit project as a "transportation bill", you throw in a few highway improvements, you talk mainly about the highway improvements, and you get your public transit bill.

Another example is general revenue increases.  Most of these tax increases go to increasing the salary and pensions of bureaucrats and senior administrators that aren't really doing anything the public wants done in the first place.  So you say the tax increase is to improve the pay of three (and only these three) categories of workers:  police, firefighters, and teachers.  The public likes what these folks do, and could mostly care less about what anyone else in local government does.   So even if the taxes help about just 3 teachers among 3000 other bureaucrats, you sell it as a teacher salary increase.

It is because I understand this one weird trick that this sort of story does not surprise me in the least:

'Yikes!': Some Arizona teachers see little from Prop. 123

For months leading up to the vote on Proposition 123, supporters of the public education funding measure pleaded for its passage, saying it represented money for teachers.

But as the first installment of cash has gone out, many teachers may find Prop. 123 is a smaller windfall than they hoped. And voters may be surprised to learn where some of the money is going.

In some cases, teachers will collect less than 20 percent of their district's Prop. 123 funds. Some districts will use most of their money for other purposes, ranging from textbooks to computers to school buses, according to an Arizona Republicsurvey of district spending plans.

The measure was sold as a way to direct money — significant money — to teachers and classrooms....

With no rules on how the money can be used, each school district has tried to address its own priorities. While many supporters of the measure invoked teachers as the main reason to vote for Prop. 123, others in the public school systems have staked a claim to the money, especially after many went years without raises beginning in the recession.

Those seeing raises include relatively low-paid secretaries, custodians and bus drivers. But it also includes superintendents, principals and mid-level administrators who don’t work in classrooms.

That may not sit well with voters who opposed the measure or with supporters who thought they were doing something more substantive for teachers.

 

 

Police and Community Roundup

Walter Olson has an interesting roundup of articles related to police accountability, over-policing, and many other related issues.

Why BLM and the Campus "Rape Culture" Movement Are A Lot Alike

Both BLM and the campus rape culture movement have a starting point in real problems.

On campus, and even in a few police precincts, women complaining about sexual assault would get patted on the head and sent on their way, their charges going largely investigated.  In part, oddly enough, I think the problem stems from the war on drugs -- for literally decades, campus police have helped to shelter their students from drug investigations and harassment from their local community police force.  I know they did so at Princeton when I was there.  So campus police forces really had a mission to keep their students out of jail and out of trouble.  This is A-OK with me on drugs, but it obviously leads to terrible results when we get to sexual assault.  So something needed to be done to have police forces, particularly ones on campus, take sexual assault charges seriously.

With police, officers have been sheltered from any real accountability for years.  We give the police the ability to use force and other powers that ordinary citizens don't possess, but instead of giving them more scrutiny and accountability to offset these powers, we give them less.  This has really been a bipartisan problem -- Conservatives tend to fetishize the police and want to assume by default that all police actions are justified.  The Left is more willing to be skeptical of police behavior, but they refuse to take on any public sector union and police unions have generally locked in their contracts any number of accountability-avoidance mechanisms.  So something needed to be done to bring accountability to police forces.

And with these quite justifiable and reasonable goals around which many of us could have coalesced into some sort of consensus, both protest efforts immediately overreached into crazy zones.

On campus, the reasonable demand for serious action in response to a sexual assault charge was abandoned in favor of the demand for immediate conviction without due process based on any sexual assault charge.  Oddly mirroring the conservative attitude towards police, activists said that alleged victims had to always believed, and demanded that universities punish anyone accused of sexual transgressions.  The result has become a toxic mess, and in some ways is a setback for justice, as activists have made it easier to get a rapist thrown out of school but perhaps harder to actually get thrown in jail.

With police, activists immediately eschewed the reasonable need for more police accountability and jumped to the contention that all police officers are racist and systematically abuse black citizens.  Their focus seems to be on police shootings, though I find the pattern of petty police harassment (through the war on drugs and programs like New York's stop and frisk) to be more problematic.  Just as in the campus rape debate, a reasonable need for more accountability and investigation of police shootings has morphed into a demand that police officers be treated as guilty by default in all shootings.

Each of these movements have made the problems more visible while simultaneously making these problems less likely to be solved.

I will add that I stick by my evaluation of BLM I wrote a while back.  I actually sort of liked a lot of their proposed plan, but I wrote (see particularly part in bold):

There is much that progressive and conservative groups could learn from each other.  Conservative groups (outside of anti-abortion folks) are loath to pursue the public demonstration and disruption tactics that can sometimes be helpful in getting one's issues on the public agenda.  The flip side is that public disruption seems to be all BLM knows how to do.  It can't seem to get beyond disruption, including the unfathomable recent threat to disrupt an upcoming marathon in the Twin Cities.   It could learn a lot from Conservative and libertarian groups like ALEC, that focus on creating model legislation and local success stories that can be copied in other places.  Many of the steps in BLM's plan cry out of model legislation and successful pilots/examples.

 

This is a Terrible Idea. They Going to Take their Hair and Gold Teeth Too?

Apparently, Denmark is considering a plan (WSJ, gated) to seize valuables from migrants to offset government costs.  I am sure this will work out just as fairly as do American asset forfeiture laws

Denmark’s minority government has secured cross-party backing for a plan to seize cash and valuables from asylum seekers to help meet the cost of their stay in the Nordic country despite criticism from the United Nations and some Danish lawmakers.

Details of how the plan, which could be adopted by parliament as early as next month, would be put into action remain scant.

Liberal Party lawmakers, who draw up the proposal, have provided few details other than to say that police won’t be taking people’s possessions as they enter the country. Police or other officials would appraise the value of people’s possessions as they check the identity of asylum seeks before deciding what, if anything, the new arrivals should pay.

A while back I wrote a controversial post saying that I don't see any moral difference between building a wall to keep people in a country vs. building a wall to keep them out.  **

For a period of time in the late 1930's, the German government was actually encouraging Jews to leave the country -- the one requirement, though, was that the government stripped them of all their property and valuables on the way out.  So I ask the same question slightly modified.  What is the moral difference between stripping refugees of their assets as the leave a country vs. as they enter a country?

 

** Several people argued the point by analogy, saying it is OK to lock people out of your house but not to lock them in your house.  Certainly, but this frequent use of exclusionary rights on private property as an analogy for an entire country is deeply flawed.  Essentially, for this to be a valid analogy, one would have to adopt Marxist definitions of state ownership of all property and totalitarian views on individual rights to argue that an entire country is just like a private house.

Why Folks Like Me Are Ticked Off About Police Misconduct

It's not that I think that all police officers are somehow evil and out to kill black people, or whatever.   The issue is that we give police special and unique powers, and those special and unique powers should require special and unique accountability.  Unfortunately, we tend to do exactly the opposite -- give police less accountability than the average citizen for his or her actions (this lack of accountability can be blamed both on the Left and Right -- the Right tends to fetishize and hero-worship police, seeing them as the last bastion against creeping barbarism, and the Left refuses to take on the powerful public unions that represent police).

This is a great example of exactly why I get angry.  It causes us to wonder how many of those police stories from the past were just as full of sh*t as this officer's, but we lacked the ability through modern video to find out.  The police officer's actions in trying to cover up his misconduct (e.g. by screwing with the timeline in his dispatcher calls) turns out not to be unique (the most common variation of this is the now-ubiquitous officer yelling drop the gun about five seconds after he has already shot the citizen).  In fact, it seems to happen so often that one wonders if there is not an informal grapevine among police that train new officers in these cover-up techniques.

People often ask me in the comments why I don't respect officers for the job they do.  Sure I do -- policing is one of the few clear-cut government roles all but the most extreme anarcho-capitalist libertarians support.  But I am angry that my and others' respect for officers has been used historically against the public as a tool for evading accountability.

Update:  Making this proposed legislation in AZ to outlaw recording of police in public a really bad idea.

Is It Dangerous to Be a Police Officer?

I have always thought so, and the danger of the job is a large reason why police get so many special privileges, from outsized pensions to minuscule accountability for people they shoot or kill.

But police are not among the top most dangerous professions -- they are not even in the top 10.  Being a taxi driver is more dangerous ( and in fact for 2015 the #1 cause of death on the job was traffic accidents).  We don't fetishize garbage collectors like we do police but they die on the job at twice the rate as do police.

In fact, the rate at which police are killed by gun violence is not substantially higher than for the average citizen.  In 2015 there were 39 firearms deaths of police (from the source above).  Given the way that firearms stats are reported broadly, these are probably not all killings by other people (some police likely are killed by accidental discharge, etc).  But assuming they are all gun killings, and assuming about 900,000 police (I get a broad range of estimates for this seemingly simple number) gives a rate of 4.3 per 100,000 per year, not much higher than the US gun homicide death number of 3.55 (you may have seen much higher numbers of gun death numbers -- over 2/3 of these are suicides).

Postscript:  The current media model is breaking the Internet.  I have seen the chart a ton of times on the most dangerous professions, so I searched for it.  Do it yourself.  The first 8 or 9 links all turn out to be the stupid new media format of requiring 10 clicks to get through a list.  I simply refuse to ever click on these things.  It is a horrible way to present information.  I suggest you boycott them as well.

Dear Conservatives: This Is Why We Hate All Your Civil Rights Restrictions in the Name of Fighting Terror

Because about 5 seconds after they are passed, government officials are scheming to use the laws against non-terrorists to protect themselves from criticism.

Twenty-four environmental activists have been placed under house arrest ahead of the Paris climate summit, using France’s state of emergency laws. Two of them slammed an attack on civil liberties in an interview with FRANCE 24....

The officers handed Amélie a restraining order informing her that she can no longer leave Rennes, is required to register three times a day at the local police station, and must stay at home between 8pm and 6am.

The order ends on December 12, the day the Paris climate summit draws to a close....

Citing the heightened terrorist threat, French authorities have issued a blanket ban on demonstrations – including all rallies planned to coincide with the climate summit, which Hollande is due to formally open on Monday.

This justification is about as lame as them come:

AFP news agency has had access to the restraining notices. It says they point to the “threat to public order” posed by radical campaigners, noting that security forces “must not be distracted from the task of combating the terrorist threat”.

Note that the police had absolutely no evidence that these folks were planning any violence, or even that they were planning any particular sort of protest.  This was a classic "round up the usual suspects" dragnet of anyone who had made a name for themselves protesting at green causes in the past.

Postscript:  Yes, I know that these protesters and I would have very little common ground on environmental issues.  So what?  There is nothing more important than supporting the civil rights of those with whom one disagrees.

And yes, I do have the sneaking suspicion that many of the very same people caught up in this dragnet would cheer if I and other skeptics were similarly rounded up for our speech by the government.  But that is exactly the point.  There are people who, if in power, would like to have me rounded up.  So it is important to stand firm against any precedent allowing the government to have these powers.  Else the only thing standing between me and jail is a single election.

Update:  Think that last bit is overly dramatic?  Think again.  I can guarantee you that you have some characteristic or belief that would cause someone in the world today, and probably many people, to want to put you up against the wall if they had the power to do so.  As proof, see:  all of history.

The Victim Brag: It May Be Time to Devalue Internet Death Threats

Frequently people will use the existence of threats, including death threats, over the Internet as proof that their cause is more just because their opponents are violent and _________ (fill in the blank with racist, misogynist, etc.).  Most folks firmly believe that only their side is getting these death threats, since they only really talk to and read people on their side.  But as a libertarian that makes common cause with all kinds of groups, what I see is that EVERYONE that says something even mildly controversial gets Internet threats.  The gamergaters get threats and the anti-gamergaters get threats.  BLM gets threats and police defenders get threats.  Heck, I get threats, mostly on climate and immigration issues, and I am a nobody.  And here is the latest source of death threats:  Katherine Timpf dissing Star Wars

More than a month ago, I made some jokes about Star Wars on Red Eye, a satirical political comedy show that airs at 3 a.m., and it has resulted in me being verbally abused and told to die by a mob of enraged fans for the past four days now. ...Then, this week, one Star Wars super-super-super fan who calls himself “AlphaOmegaSin” made a ten-minute (!) video brutally ripping me apart.  The YouTube comments on his manifesto were even better. You know, stuff like:

justin 12 hours ago Maybe a SW nerd needs to sneak into her dark room, dressed like her bf, rape her, but she doesn’t know it’s rape because she thinks it’s her BF.

needmypunk 16 hours ago I hope she gets acid thrown in her pretty little face.

sdgaara2 1 day ago Wouldn’t it be great if she was beaten to death with “space nerd sticks”

etc. etc.   Now, I understand there are a few folks out there who have had to deal with scary and legitimate stalking episodes online.  But in the vast majority of cases, does anyone really treat these as serious threats?  Like actually get scared?  I know I don't.  I would suggest that most folks respond just like Ms. Timpf did -- they treat them as a badge of honor and of proof of the rightness of their cause and the bankruptcy of their intellectual opposition.  I have done the exact same thing.   We have a term called humble brag, e.g. "I was so stupid last night -- Johnny Depp came by my table to say hi and I didn't recognize him."  We need a term for this -- "victim brag", maybe?

I have come to the conclusion that there are a core of people on the Internet that are simply morons, and will react stupidly to about anything.  We should stop ascribing any significance to their showing up in an online discussion.  The fact they show up making their stupid threats has no more meaning than the fact that ants inevitably show up when you drop food on the ground.  You wouldn't write an article that "ants hate me because they swarmed all over the potato chip I dropped."  Let's treat Internet trolls just like we do these insects.

 

 

Progressive Overshoot: Efforts Begin as Liberalization, End as Stalinism

I could write a book on Progressive reform efforts which begin as sensible liberalization efforts and then overshoot into authoritarianism.  Gay marriage is a great example.  Liberalizing stage 1:  Let's give gay folks equal access to the benefits of protections of legal marriage.   Authoritarian state 2:  Let's punish any small business who refuses to serve a gay wedding.

I ran into another example the other day.  Hillary tweeted out, "Every survivor of sexual assault deserves to be heard, believed, and supported" which is a common refrain among women's groups  (we will leave aside the irony of Hillary making this statement after she has crushed a number of women who have made sexual assault claims against her husband).

In what I believe to be the initial meaning of this phrase, it was quite reasonable.   In the past (and presumably on occasion today) women have gone to police or some other authority and claimed to have been raped or assaulted, and have been essentially ignored.  A pat on the head and the little lady is sent home.   Women, reasonably, wanted their charges to be taken seriously and investigated seriously.  This is my memory of where this phrase, then, originally came from.  It meant that when women claim to have been assaulted, authorities need to take these charges seriously and investigate them seriously.

But, as with most other things, Progressive reform which began as liberalizing and empowering has transitioned to being Stalinist.  The meaning today of this phrase when used by most women's groups is that any such claims by women should not immediately trigger an investigation but should trigger an immediate conviction.  The accused male should be immediately treated as guilty and punished, and any exercise of due process represents an assault on women -- never mind that the same SJW's taking this stance would take exactly the opposite stance on due process if the accused were, say, a black male in Ferguson accused of theft.

Apparently, Cops Now Steal More from Citizens than do Actual Criminals

Via Tyler Cowen, comes this

Between 1989 and 2010, U.S. attorneys seized an estimated $12.6 billion in asset forfeiture cases. The growth rate during that time averaged +19.4% annually. In 2010 alone, the value of assets seized grew by +52.8% from 2009 and was six times greater than the total for 1989. Then by 2014, that number had ballooned to roughly $4.5 billion for the year, making this 35% of the entire number of assets collected from 1989 to 2010 in a single year. According to the FBI, the total amount of goods stolen by criminals in 2014 burglary offenses suffered an estimated $3.9 billion in property losses. This means that the police are now taking more assets than the criminals.

I will remind folks that civil asset forfeiture is by definition taken from innocent people, ie those not convicted of a crime.

Update:  It would be interesting to see the racial/ethnic mix of those whose stuff is seized.  Somehow, I don't imagine the victims of theft-by-cop are a bunch of rich white people.

Three Cheers for Cultural Appropriation

Of all the stupidities coming out of modern college Progressivism, perhaps one of the dumbest is the opposition to cultural appropriation.  Progress comes from cultural mixing -- a good way to think of this is to imagine the opposite of "cultural appropriation" which would likely be something like "cultural apartheid".  That doesn't sound good.

Take just one example -- popular music over the last century.  For a variety of reasons (including their outsider status for much of American history), African Americans have been a font of musical innovation unmatched in the entire world.  Jazz, blues, rock, Motown-style pop, funk, disco, and hip hop all owe much or all of their origins and power to American black music.   Go ask even famous white groups like the Beatles and the Rolling Stones and Eric Clapton and Led Zeppelin who their inspirations were, and they will rattle off mostly black names from Howlin Wolf to Chuck Berry to George Clinton.   Seriously, what Renaissance Italians were to painting, American blacks have been to music.

Being of German decent, I am not going to spend my life listening to just Wagner and polka music. Which reminds me of a story -- not to go all Godwin on you, but the Nazis were a great example of that "cultural apartheid" term I made up earlier. They didn't want pure Germanic culture to be tainted by other (they felt inferior) cultural influences. I have seen the Germans interviewed after the war joking that they were sick of "der fledermaus" because it seemed to be the only opera that could get past the Nazi cultural appropriation police and get played in the years just before the war.

I refuse to inflict this on myself.  I am going to appropriate music from African Americans and anywhere else I feel like.

Postscript:  By the way, Black music in America is in some sense a story of the improvement of the fortunes of African Americans.  In the 1950's and 60's, Black blues musicians couldn't reach white audiences, and bands like the Rolling Stones made a fortune because they played blues music but with safely (for the time) white faces.   White performers ended up with most of the financial rewards from black music.   In the 70's-80's, black musicians started to reach white audiences directly, and enjoy some of the financial rewards, but still were mainly controlled by white producers and record labels.  Today, innovative black musicians (often from the rap / hi hop world) are not just performers but have staked out powerful positions in the industry itself.

Chicago's Guantanimo

Chicago police's use of a warehouse at Honan Square to detain suspects for secret interrogations just gets worse and worse.

Police “disappeared” more than 7,000 people at an off-the-books interrogation warehouse in Chicago, nearly twice as many detentions as previously disclosed, the Guardian can now reveal....

According to an analysis of data disclosed to the Guardian in late September, police allowed lawyers access to Homan Square for only 0.94% of the 7,185 arrests logged over nearly 11 years. That percentage aligns with Chicago police’s broader practice of providing minimal access to attorneys during the crucial early interrogation stage, when an arrestee’s constitutional rights against self-incrimination are most vulnerable.

But Homan Square is unlike Chicago police precinct houses, according to lawyers who described a “find-your-client game” and experts who reviewed data from the latest tranche of arrestee records obtained by the Guardian.

“Not much shakes me in this business – baby murder, sex assault, I’ve done it all,” said David Gaeger, an attorney whose client was taken to Homan Square in 2011 after being arrested for marijuana. “That place was and is scary. It’s a scary place. There’s nothing about it that resembles a police station. It comes from a Bond movie or something.”

For whatever reason, the story does not seem to be able to generate much national heat, as partially evidenced by the fact that it takes a UK newspapers to show any initiative on the story.  The Right fetishizes law enforcement,  the Left refuses to take on a powerful public union, and the city is run by a mayor with powerful connections to both the President and Hillary Clinton, so essentially no one is interested.

By the way, most of these folks are being held for hours or days due to drug possession arrests (5386 of the 7000+), yet another indicator of why the war on drugs has become so stupid and counter-productive.

Black Lives Matter Has a Pretty Decent Plan. Too Bad they Don't Seem to Know What to Do With It

There is much to criticize in how the BLM movement operates, but I can get behind much of the plan they introduced last month.  I don't agree with all of it, but I seldom agree with all of any plan I see proposed from any side of the aisle.

blog_campaign_zero

In discussing the plan, Kevin Drum fails to address the elephant in the room for the Left in making progress on this, and that is the enormous reluctance of Democrats to challenge a public employee union.  And you can bet that police unions will likely be the biggest barrier to getting a lot of this done, even perhaps ahead of Conservative law-and-order groups (you can see the token sop thrown to unions in point 10 of the plan, but it ain't going to be enough).

By the way, there is much that progressive and conservative groups could learn from each other.  Conservative groups (outside of anti-abortion folks) are loath to pursue the public demonstration and disruption tactics that can sometimes be helpful in getting one's issues on the public agenda.  The flip side is that public disruption seems to be all BLM knows how to do.  It can't seem to get beyond disruption, including the unfathomable recent threat to disrupt an upcoming marathon in the Twin Cities.   It could learn a lot from Conservative and libertarian groups like ALEC, that focus on creating model legislation and local success stories that can be copied in other places.  Many of the steps in BLM's plan cry out of model legislation and successful pilots/examples.

A Question for Immigration Restrictionists

The current refugee surge into Europe has caused a lot of my friends who are immigration restrictionists to say this proves that I am naive.

During the Cold War, we (including most Conservatives) considered it immoral that Communist countries would not let their people leave (Berlin Wall, etc.).  Now, however, it is argued by many of these same folks that it is imperative that the Western democracies build walls to keep people out.

So here is a question -- not of practical consequences, but of pure morality.  Consider this picture of people being prevented from crossing the border.

MigrantClash

Explain to me why this scene is immoral if the wall and police forces were put there by the country at the right (the leaving country) but suddenly moral if the same wall with the same police force were put there by the country on the left (the receiving country).  Don't they have exactly the same effect?  Same wall -- How are they different?

A Question for Black Lives Matter

BLM coalesced as a reaction to police brutality and lack of accountability for how they treated black citizens.  The organization claims its problems are rooted in the ghetto-ization of blacks that has robbed them of their agency.

Can I observe that both these problems are ones of an out of control, unaccountable, over-powered government?  Police are government officials allowed to operate with few checks on their behavior.  Black ghettos were explicitly created by the New Deal and maintained by Federal policy for years.  No doubt many private citizens are still racist, but they can't legally shoot you on the street or say where you can and can't buy homes.

So why does the leadership of BLM so consistently support the further expansion of government power?

Race and Petty Traffic Laws

When you hear that police pulled someone over for the totally BS charge of a "partially obscured license plate with only one light," can't you just assume the driver is probably black or Hispanic?

If I were a Mexican in Phoenix, I would do a full walk-around checking my vehicle before every trip.  A visiting friend once asked me if the fact that Hispanics all seem to drive so slow was a cultural thing and I said that more likely, they know they will get busted for going even a hair over the speed limit.

A few years ago I wrote vis a vis our infamous SB1070

When Kris Kobach says "In four different sections, the law [SB1070] reiterates that a law-enforcement official 'may not consider race, color, or national origin' in making any stops or determining an alien's immigration status," he is ignoring reality.  The law asks police to make a determination (e.g. probable cause that one is an illegal immigrant) that is impossible for actual human beings to make without such profiling.  It's like passing a law that says "police must drive their cars 30 miles a day but can't drive their cars to do so."  The reality on the ground here in Arizona is that, illegal or not, Sheriff Joe Arpaio has been using racial profiling to make arrest sweeps for years, and his officers have become masters at finding some pretext to pull over a Mexican they want to check out  (e.g. the broken tail light).   Words in this law about racial profiling are not going to change anything.

Update:  I forgot this story from 2008, which is a great example of what I am talking about here

Arrest records from crime sweeps conducted by the Maricopa County Sheriff's Office add substantial weight to claims that deputies usedracial profiling to pull Latino motorists over to search for illegal immigrants....

even when the patrols were held in mostly White areas such as Fountain Hills and Cave Creek, deputies arrested more Latinos than non-Latinos, the records show. In fact, deputies arrested among the highest percentage of Latinos when patrols were conducted in mostly White areas.

On the arrest records, deputies frequently cited minor traffic violations such as cracked windshields and non-working taillights as the reason to stop drivers.

"These are penny-ante offenses that (police) almost always ignore. This is telling you this is being used to get at something else, and I think that something else is immigration enforcement against Hispanic people," Harris said....

Great Example of Concentrated Benefits / Dispersed Costs Cronyism: New Phoenix Rail Tax

The hefty sales tax that funds Phoenix light rail deficits is about to expire, and as is usual, politicians not only don't want it to expire but they want to double it so they can build more over-priced rail lines.

One of the reasons that stuff like this is so hard to fight is a phenomenon called "concentrated benefits but dispersed costs."  This means that, particularly for certain crony handouts, the benefits accrue to just a few actors who, due to the size of these giveaways, have a lot of financial incentive to promote and defend them.  The costs, on the other hand, are dispersed such that the final bill might only be a few dollars per taxpayer, such that no individual has much incentive to really pay up to support the fight.

A great example of this is sugar tariffs.  These raise the price of sugar (as well as reducing our choices and effectively promoting imperfect substitutes like HFCS) so we as consumers should all fight them.  But the higher cost of sugar might only cost us, say, $20 each a year individually.   Are you really going to donate $100 in a political cause to save $20?  On the other side, these tariffs create millions and millions of dollars in profit for a few sugar producers, such that they have a lot of money and incentive to spend big on lobbying to keep the tariffs in place.

The new Phoenix light rail tax increase gives us a yet another sad example of the phenomenon:

Construction companies, engineering firms and transit service providers are the biggest early supporters of the Proposition 104 campaign to expand Phoenix transportation, while the group fighting the proposed tax increase still seeks major funding.

The MovePHX campaign, supporting the bus, light rail and street improvement plan going before city voters in August, raised $382,900 from March through the end of May, according to finance reports filed Monday.

Opposition group Taken for A Ride — No on Prop 104 received just under $417 from individuals over the same period. A second campaign committee opposed to the proposition formed after the contribution reporting period ended....

More than half of the contributions to the MovePHX campaign during the reporting period came from engineering, design and construction firms, including many that were hired for design and consultation on the Valley's first stretch of light rail.

The largest single donation came from We Build Arizona, a group of engineering, contracting and transit organizations that donated $125,000 to the campaign. TransDev and Alternate Concepts, Inc., which hold bus and light rail service contracts, contributed more than $35,000 combined.

A combined $30,000 came from police, firefighter and food and commercial worker union political action committees.

$382,900 to $417.  That is why cronyism is so prevalent.