Tag Archives: ethics

A Misbehaving Judge

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PG&E is in a world of hurt, still, over the California fires that its shoddy power line maintenance contributed so heavily to starting.  However, the Federal district judge overseeing a related court case has overstepped his own bounds.

William Alsup, a US district judge in Northern California, ordered PG&E to respond “on a paragraph-by-paragraph basis” to the Journal article published July 10.

This is just plain wrong.  Leaving aside the fact that newspaper articles, no matter how seemingly well-documented, are not evidence of anything—they’re only allegations, and they were not brought to Alsup by any parties to that case; he went and got them all by himself.

Beyond that, the cited article didn’t even contain identifiable evidence.  “Documents obtained by The Wall Street Journal” was the paper’s primary source, and not a single citation or link was provided to any of those…documents…so even their existence could not be independently verified, much less the newspaper’s interpretation of them checked.

Alsup is not a feudal-era English judge; he doesn’t get to do his own investigation into a case before him.  Especially should he not bring newspaper articles, which don’t even remotely approach evidence, into the matter.

A Misunderstanding

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In a house editorial concerning the Supreme Court’s ruling upholding President Donald Trump’s authority to reallocate some DoD funds toward building a border wall, The Wall Street Journal expressed the hope that the ruling—which lifted a nation-wide injunction issued by a Federal district [sic] judge—would send an appropriate signal to district judges regarding nation-wide injunctions.  The editors also had this remark regarding such injunctions.

The proliferation of national injunctions has inserted judges into policy debates in ways they should avoid….

This is a misapprehension of the situation and a mischaracterization of what the judges are doing.

The proliferation has inserted no one; it is a result of judges choosing to insert themselves into policy debates.

Judges must avoid this, but they consciously have chosen to go outside their Constitutional authority and make policy—make law.  These judges have ignored the simple Constitutional fact that policy discussions and debates are solely within the purview of the political branches of our government and that legislation is solely within the purview of Congress. Article I, Section 1, of our Constitution makes this abundantly clear even to an eighth-grade Civics student.

With their carefully considered decision to act extra-Constitutionally, these judges have equally carefully decided to violate their oath of office, which enjoins them to defend and to uphold our Constitution, not to depart from it.

Freeze the North Pole

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…or keep it frozen.  Or add more ice to it.  Or something.

Here’s an idea:

A team of designers led by Faris Rajak Kotahatuhaha proposes re-freezing sea water in the Arctic to create miniature modular icebergs using a submarine-like vessel, in a bid to combat climate change.
The Indonesian designer worked on the prototype with collaborators Denny Lesmana Budi and Fiera Alifa for an international competition organised by the Association of Siamese Architects.

And they won a consolation prize for that.  After all, as Kotahatuhaha said,

The main goal of this idea is to restore the polar ecosystem, which has a direct effect on the balance of the global climate[.]

And here’s some of the “engineering” by which the polar ice caps and their ecosystems would be saved [emphasis added]:

The submarine-like vessel would submerge to collect sea water in a central hexagonal tank. Turbines would then be used to blast the tank with cold air and accelerate the freezing process.
… A system of reverse osmosis would be used to filter some of the salt from the water in order to speed up the process.

Eric Warrell, over at Watts Up With That?, had some thoughts on this…scheme.

There is a slight flaw with this idea.
Refrigeration, reverse osmosis, pumping heat, all takes a lot of work. Both the latent heat of fusion extracted from the water to turn it into ice and the waste heat from the freezing process will have to be dumped somewhere.
If they dump the waste heat into the Arctic ocean, or the air, it will probably melt the ice their submarine just finished freezing.

And I have a couple thoughts on Kotahatuhaha’s…scheme.

All that melting fresh-watered-up ice restores the polar salt water ecosystem how, exactly?

All that heat (lots of it from a project of this scale) injected into the ocean, or worse, into the atmosphere, slows the warming of our atmosphere and our climate how, exactly?

Wait—I have an idea.  Recall all those efforts to capture and sequester atmospheric CO2 in holes in the ground, perhaps salt caves (known for their geologic stability) or holes drilled for the purpose: pump all that waste heat into those holes, too.  After all, that’s what heat pumps do—move heat from here to there.

And: think of all the green jobs and all the out-of-work elves who are between seasons.

And: think of all the starving children in Bangladesh and all the food these large-screen refrigerators could preserve and keep safe for them.

Engineers? Got their degrees from the College of Cracker Jack, did they?

Warrant-Proof Encryption

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Attorney General William Barr, in front of the International Conference on Cyber Security at Fordham University, said that

“warrant-proof” encryption was “enabling dangerous criminals to cloak their communications and activities behind an essentially impenetrable digital shield.”

Of course.  And the FBI, in the aftermath of a mass-shooting in California a while back, (in)famously said that it needed Apple to crack the lock on one of the murderer’s smartphone so they could read it, insisting they were helpless without Apple’s cracking (and they demanded then, too, that Apple install encryption backdoors on its commercial cell phones).  Then the FBI hired a third party, which cracked the encryption forthwith.

And before that, crime investigations were hindered by lack of fingerprints because the crooks wore gloves.  Until DNA technology and testing opened other avenues of identification.  With search warrants required before that DNA could be sought out from individuals so that crime scene deposits could be matched.

And before that wired messaging, done privately, hindered crime investigations until wire tapping technology opened that for investigation.   With search warrants required before wire tapping could be done.

It’s always an arms race between the bad guys and the good guys.  And the good guys always win in the end, because they’re always able to get the better technology.

This time, The Wall Street Journal says, is different, though, via its subheadline at the link:

[Barr] offers no clear path forward

Of course, there is a clear path forward: get a warrant.  Do old-fashioned detective work.

And: hold onto that communications device. There’s no such thing as unbreakable (and so warrant-proof) encryption, there’s only encryption that can’t be broken today.

Unify Our Way, Or Else

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Cenk Uygur thinks we all should just meekly acquiesce to what four first-year House Progressive-Democrats tell us to do.  First, he says

Nearly everyone in Washington seems to assume that progressives should shut up, accept their place, and unify around the status quo. Think about what an arrogant and preposterous request that is.

Then he says

We signed up to rout him [President Donald Trump] and send him home. If you’re not on board with that, get out of the way and let us do it.

Wow. Think about what an arrogant and preposterous request that is.

Then he had a long screed about how “voters” wanted us to do things his way because his four folks in particular got themselves elected.  Out of 235 Progressive-Democrats in the House.

Talk about oblivious. But this is the self-absorbedly arrogant, do it our way and the rest of America just shut up, government we’ll have if the Progressive-Democratic Party gets majorities in the House and Senate and control of the White House.