Category Archives: ethics

“Trial” Doesn’t Mean the Same to Progressive-Democrats…

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…as it does to the rest of us. This is in the subtext of Aaron Kliegman’s Just the News piece regarding Progressive-Democrat Congressmen pushing for a revival of their Bivens Act proposal, which would

allow citizens to recover damages for constitutional violations committed against them by federal law enforcement officials.

Kliegman, though, also pointed out another effect of the Act’s simple proposal:

the legislation would incidentally offer a path to civil remedy for those imprisoned without trial for alleged involvement in the January 6 Capitol breach who say they’ve been mistreated by federal authorities to sue.

That’s certainly true, but I suggest that the prisoners held on claimed beefs related to the 6 January riot already have strong Constitutional grounds for dismissal of the charges and denial of qualified immunity against many of the gaolers–the prison warden included.

Most of them are being held without bail and without being actually charged, hence the “claimed beefs.”

They’re being unconstitutionally held on at least three counts:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury….

That’s from the 5th Amendment. No indictment or even the convening of a Grand Jury has occurred. That it’s allegedly an infamous crime is amply demonstrated by the number of Progressive-Democrats who are loudly proclaiming the riot to have been an insurrection.

…nor shall be compelled in any criminal case…be deprived of life, liberty, or property, without due process of law….

That’s also from the 5th Amendment. Plainly the prisoners are being denied their liberty without due process; they’re being held for indefinite periods on no charges and no bail opportunity.

…the accused shall enjoy the right to a speedy and public trial….

That’s from the 6th Amendment. This count has two specifications: they aren’t even accused yet, except by those Progressive-Democrats, but not formally in court, and they’ve been denied a speedy and public trial for so long that they cannot ever have a speedy trial.

Plainly, “speedy trial,” or merely “trial,” don’t have the same meaning for Progressive-Democrats that the terms have for us average Americans, for whom they have such contempt.

Those worthies’ pronouncements notwithstanding, the only cure here is the prisoners’ unconditional release with all current proceedings against them dismissed and any future proceedings related to the riot barred from being brought.

Companies Tracking Customers

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It turns out this isn’t limited to cookies through browsers and overt tracking software.

There’s another software package that businesses use to track their users activities. Log4j

is used on computer servers to keep records of users’ activities so they can be reviewed later by security or software development teams.

Businesses are secretly tracking our activities as we interact with them digitally, not just quietly through cookies and tracking tools. Maybe not only those teams, either. It wouldn’t surprise me if marketing teams were using our data, and if other teams were putting together packages of our data to peddle to other companies.

It’s widespread, too.

The nonprofit Apache Software Foundation, a group that distributes the open-source tool at no cost, has said [Log4j] has been downloaded millions of times.

Nice.

And just to add a floatie to that puddle, Log4j has a serious security flaw.

The flaw is particularly dangerous given the widespread use of Log4j on corporate networks and the ease with which hackers could exploit the vulnerability, security experts say.

And

Attackers could use the bug to break into computer networks to steal sensitive data, prepare for ransomware attacks, or create backdoors that will allow them to maintain access to corporate systems even after the flawed software has been patched.

That exposure isn’t limited to personal information, either, or to the nefarious uses to which businesses put out personal information.  It ranges up to the technologies of businesses, including defense contractors.

Advice

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Rebecca Grant, DC-based national security analyst, had some for President Joe Biden (D) vis-à-vis Russian President Vladimir Putin on the subject of the latter’s threatened invasion of Ukraine. The venue for that advice is the summit between the two men that occurred yesterday.

Grant is naively optimistic, though.

The 30-nation Euro-Atlantic alliance is primed to deter and counter rash Russian actions.

No, it’s not. Johnson is just posturing, and the UK, a signatory to the Budapest Memorandum (as is Russia), already has betrayed Ukraine by acquiescing to Russia’s occupation of Crimea and eastern Ukraine rather than enforcing the Memorandum. Beyond that, Germany is already in the bag for Russia, and France is carefully quiet.

America is already involved.

Indeed, we are. We’re also a signatory to the Budapest Memorandum, and under the Obama-Biden administration, we’ve also betrayed Ukraine by declining to enforce that memorandum. Beyond that, ships in the Black Sea are ducks in a pond for any force on the shores.

Biden and NATO can do more to deter Putin.  Start with immediate air exercises in Ukraine with US and NATO aircraft.

It’s a start, did Biden have the integrity and moral courage to do so, but more is needed, a yet sterner test of Biden’s…strength. Economic sanctions are insufficient and unlikely to be enacted, anyway. The more that’s actually needed is moving US (because we can’t count on a NATO whose European members won’t even honor their own commitments to fund and equip the alliance) troops into Poland, south toward Ukraine and north toward Kaliningrad, and moving US naval forces to within air strike range of Kaliningrad.

Grant closed her advice with this:

Heat up one tank engine and we’ll know about it.

Certainly. But what will Biden do about it? Grant opened her piece with this:

Ukraine’s borders are a parking lot for Russian tanks, trucks, and artillery ready for a three-pronged blitzkrieg.

Even after that first tank has lit off and crossed the border, that parking lot, for the next number of days, will remain a parking lot of targets. Von Moltke learned that problem in 1914, and even though Putin’s generals likely will have learned from that, the same or worse bottlenecks exist in western Russia and eastern Ukraine.

Biden is unlikely to do any of that, though. He got his marching orders from Putin via Colonial Pipeline, and he already has kowtowed to Putin via Nordstream 2.

Biden will only kowtow again.

In any event, we’ll be hearing, today and in the coming days, the claims of the two participants. We’ll learn empirically, in the coming weeks and months, the outcome of the summit.

Loopholes

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The usually solid editors over at The Wall Street Journal had a piece last Friday regarding, in their terms, a bizarre loophole for Oklahoma criminals.

It seems that Supreme Court Justice Neil Gorsuch wrote a majority opinion in McGirt v Oklahoma that held that since the Federal government—Congress—has never actually dissolved the nation’s treaty with the Creek Nation, Oklahoma’s

authority to prosecute crimes involving Native American perpetrators and victims has vanished in nearly half of Oklahoma.

Because that’s the expanse of the Creek Nation’s reservation under that treaty.

Their editorial then listed a number of cases that fell out of McGirt that allowed a number of negligent persons and outright criminals get away with their crimes because the events involved Native Americans over whom the State has no jurisdiction to prosecute or no standing to protect.

The editors’ overwrought headline, How to Get Away With Manslaughter, then was bookended with a cynically emotional finale:

The Supreme Court should look these cases in the face. Is this justice, Justice Gorsuch?

The Editors’ ire is justified, but it’s aimed in the wrong direction.

All any Federal judge, Justices included, can do under our Constitution (vis., Art I, Sect 1) and their oaths of office, is to apply the law, including our supreme Law of the Land, as they are written. They cannot, in particular, adjust either, nor can they manufacture from the bench laws that plug loopholes in laws.

The loophole the Editors decry here, as any loophole in any law, can only be plugged statutorily, and only Congress can make law that does so.

The items listed, and many others to come, indeed aggregate into a vast and serious failure to perform. However, the failure is Congress’, and it’s on Congress to correct it. Judges cannot, and especially, Justices cannot.

A Florida State Guard

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It seems that Florida Governor Ron DeSantis (R) has requested some $3.5 million to fund reestablishment of the Florida State Guard,

a civilian volunteer force that will assist the National Guard in state-specific emergencies[.]

The Governor’s press release went on:

The establishment of the Florida State Guard will further support those emergency response efforts in the event of a hurricane, natural disasters and other state emergencies. The $3.5 million to establish the Florida State Guard will enable civilians to be trained in the best emergency response techniques.

Florida’s State Guard would number all of 200 civilians, and as with all State Guards, will be under the control of the Governor and cannot be Federalized—cannot be called up by the President. DeSantis expanded on his press release:

We want to make sure that we have the flexibility and the ability needed to respond to events in our state in the most effective way possible. That will require us to have access and be able to use support in ways that are not encumbered by the federal government or don’t require federal government

The Leftist news outlets have gone hysterical about this move. CNN‘s now leading pundit following the temporary hiatus of Chris Cuomo had the typical response:

So… y’all know this is fascisty bananas, right…?

Because, of course.

It’s “fascisty bananas” to have a civilian force beholden only to the State government for being mustered in prompt response to State and local disasters like hurricanes, floods, and the like.

It’s “fascisty bananas” for 23 States in our nation to have such State Guards for such purposes.

Indeed, when Katrina struck Louisiana, the Texas State Guard, in an especially “faschisty bananas” move, immediately set up shelters for and distributed food to Louisiana refugees from the hurricane’s destruction.

When the bad storm comes and hours count, the Federal responses will be only days away. But it’s “fascisty bananas” to use first First Responders inside those days.