Tag Archives: freedom

Scapegoating

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…and fake apologies.

Recall that Doctor Li Wenliang, a resident of Wuhan, Hubei Province, People’s Republic of China and an ophthalmologist at Wuhan Central Hospital, gave early warnings about the dangers and contagious nature of the Wuhan virus. Recall further that subsequent to his warnings, the police were sicced on him and that they threatened him if he didn’t shut the hell up. Li subsequently died of that same Wuhan virus.

Now the Communist Party of China is pretending to apologize to his family for that behavior.

The party’s top disciplinary body said the police force in Wuhan had revoked its admonishment of Dr Li Wenliang that had included a threat of arrest.
It also said a “solemn apology” had been issued to Li’s family and that two police officers, identified only by their surnames, had been issued “disciplinary punishments” for the original handling of the matter.

Punishing two cops who were caught up in the early stages of the CPC’s attacks: nothing like a couple of scapegoats to put an end to the escapade.

Sure.

A Misstatement of the Case

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Gerald Seib opened his Monday Wall Street Journal piece with this bit:

…Americans have learned they can’t really count on Washington to deal with this crisis for them. Local leaders, businesses, churches, sports leagues—all have taken up the task, and done so more effectively than the political leadership in Washington.

That’s as it should be. Responsibility is individual, personal; we cannot wish any of that off onto others, much less government. All government can do—and it should do this much—is help us satisfy our own obligations.

That help, also, needs to come from the bottom up, with the Federal government’s help coming last. That top tier of our American government hierarchy has national responsibilities, and even with the present COVID-19 situation, conditions on the ground vary widely from locale to locale, State to State. Responses need to be similarly local or unique to each State.

The Federal government can spur development of medical treatments—the public-private partnerships with medical enterprises, for instance—and short-term (I’ll repeat that: short-term, with sunset clauses built in to guarantee shortness) economic measures to mitigate the stresses on our businesses, small and large. It can deploy military mobile hospitals and shelters to particular hot spots, and it can take other such temporary nation-wide steps to mitigate the situation.

Necessary mitigation, even control, of the situation, though, must begin with us as individuals. That mitigation begins with stopping our panic-buying and hoarding of necessary supplies. They continue with looking out for our most vulnerable neighbors: the elderly, the less or non-mobile, the poor among us.  They go further: avoiding large gatherings for the duration (which is not the same as not going out at all, not giving our custom to the mom and pop businesses in our neighborhoods and city regions), seeing to the welfare of neighbors with early grade school-aged children whose schools have been closed for the duration, checking on the older kids.

We need, also, to consider a mantra from a war we fought four generations ago: Is this trip really necessary? (And yes, it is, within the context of continuing to do at least occasional business with those mom and pops.)

In the end, we must revive and live by the words a man spoke some 60 years ago (which I’ll rephrase here): Ask not what your government can do for you. Ask what you can do for yourself and your neighbor.

An Illustration

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A businessman in the People’s Republic of China, Ren Zhiqiang—who also is a member of the Communist Party of China—has been for some time an outspoken critic of PRC President Xi Jinping’s handling of the nation’s COVID-19 epidemic, a mishandling that allowed an early infection to blow out of control within the PRC and to become a global pandemic.

Outspoken critic: among other things, Ren wrote a widely disseminated essay that took issue with a 23 Feb speech by Xi. He wrote of a

“crisis of governance” within China’s Communist Party and blamed restrictions on freedom of speech and the press for slowing down the response to combat the novel coronavirus, thereby worsening the outbreak.

And

…after analyzing the President’s [Xi’s] speech he “saw not an emperor standing there exhibiting his ‘new clothes,’ but a clown stripped naked who insisted on continuing being emperor[.]”

Then Ren posted on Weibo

When does the people’s government turn into the party’s government? … Don’t waste taxpayers’ money on things that do not provide them with services.

Then his post was deleted, his Weibo account blocked. Ren also has been put on “probation” from the CPC.

And now he’s gone missing, making his point beautifully.

Close

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…but no cigar.  Senator Mike Lee (R, UT) has some thoughts on fixing the  Foreign Intelligence Surveillance Act and its secret FISA Court.  He’s on the right track, but his ideas fall short.

Lee wants to fix the FISA Court and tighten the parameters under which it operates. This Star Chamber cannot be fixed; it must be disbanded and the sections creating and empowering it must be rescinded from the FISA altogether.

There remains a need to guard against and to respond to espionage and interference efforts, and there remains a need for that response to involve investigations of American citizens who might be involved in those foreign assaults.  There remains a need to keep many of our responses and investigations secret—for a time—so as not to tip off the targets of our investigations, whether they’re foreign or American.

Counterbalancing that is the even more crucial need to protect Americans’ individual liberties, including those being investigated.  Especially the latter need protection; they’ve not been shown to have done anything wrong, but public suspicions would ruin the reputations of those actually innocent.

Our present Article III courts already are well-versed in handling secret warrants where necessary for domestic criminal investigations and for sealing records until it’s useful to release them or after sufficient time has passed that their release will not harm an ongoing investigation.  FISA warrants can be handled here.

Many of Lee’s other ideas, with some adjustments, will work just fine in a sealed Article III court.

He wants to expand the role of an amicus in FISA warrant applications beyond warrants involving a novel or significant interpretation of law.

amicus should advocate for the privacy and civil liberties of the person targeted.

The role needs to be expanded further. This new amicus should overtly act as Devil’s advocate and seek to expose weaknesses in the warrant application with a view to getting the application denied. The target legitimately cannot be present, yet in most domestic criminal cases, the target has opportunities to contest the warrant, even if only after the fact.  Such a contest needs to be present with FISA warrants, as well.

Lee wants relevant agencies to be required to provide all information in their possession as part of the application, including any exculpatory evidence. The FBI Director and the Attorney General should be required to certify that this has been done, and there needs to be heavy sanctions applied to the agents, the Director and the AG if this requirement has been found, after the warrant’s submittal, to have gone unsatisfied. It’s almost never enough merely to punish the workers directly responsible; too often they acted improperly because they were actively allowed to or because they were permitted to by too lax supervision.

It’s critical that we take these kinds of measures in response to the failures of and abuses from the present FISA setup so that this sort of violation of United States citizens never happen again.

“Should Government Halt the Use of Facial-Recognition Technology?”

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The Wall Street Journal ran one of its point-counterpoint debates over the weekend; this one treating the topic in this post’s title.

The debaters focused on the error rate of the technology and whether that was a big deal or a little one; although there was passing mention of civil liberty problems.

I say the question is over-broad.

Government should not only halt its own use of facial recognition software; it should be statutorily barred from it. We haven’t, yet, been overrun by the People’s Republic of China. The civil liberty—the individual liberty—matter is much too serious to be glossed over, and this is one venue where the line is better drawn at zero rather than trusting Government (which is to say, the men of Government) to go this far but no farther.

The question of its commercial use is a separate one from Government’s use or not use. This question should have a market answer, arrived at by customers and the businesses with which we interact.