Civil Liberties

Changeling

My family and I recently watched the moving “Changeling” with Angelina Jolie. The movie itself was entertaining and focused on the efforts of a 1920’s woman to recover her missing son. The issue at hand was the corruption of the Los Angeles Police Department after receiving bad press and their attempts to cover up shoddy police work. As we watched I found myself angered over the blatant misuse of authority. For example, when Jolie’s character challenged the police department they had her committed to an LA psychological hospital; a warrantless incarceration without trial. Once behind the walls of the hospital it was nearly impossible for her to plead her case.

Watching the movie caused me to challenge my kids to compare the situation to events of today and instantly they commented on perception of law enforcement corruption and intimidation. Of course, the most obvious example is TSA’s violation of the 4th Amendment at airport security check points and intimidation of people like Aaron Toney who was detained for 90 minutes, without arrest, by TSA on December 31 at Richmond, Virginia’s airport when he removed his shirt and displayed the 4th Amendment on his chest.

In Philadelphia gun owner Mark Fiornio was nearly shot, detained and harassed for lawfully openly carrying a gun. A new FBI Advisory circular, “Communities Against Terrorism: Potential Indicators of Terrorist Activities Related to Military Surplus Stores” advises store owners to keep records of customers making lawful purchases but fitting a profile of self-preparedness.

In London two weeks ago government officials required Amazon.com to stop selling self-defense weapons while authorities simultaneously allowed riots to “run their course.” Thus, the citizens lost the right to protect themselves in their own homes. Similarly, San Francisco authorities shut down cell-towers within the Bart system to prevent a possible riot from developing, but also leaving law abiding citizens with no mechanism for protection.

Regardless of examples I provide I must wonder when intimidation will stop and the rule of law will prevail. The movie “Changeling” highlighted corruption I could not believe existed. Ultimately, the 1930’s Courts found in favor of their “own”, but yet the corruption was known and documented. Like the Gestapo, TSA, police departments, and the National Guard will be asked to turn on citizens instead of protecting those, they are here “To Serve and Protect.”

My 100th Column

My 100th Column (07/27/2011)

This week I celebrate my 100th column, a huge milestone for me as I could not have imagined writing for “The Observer” for nearly two years without missing a week; I just wish my high school English teacher could see me now. I want to thank the publishers for the opportunity, seeing something they liked and allowing me free reign to pontificate as I desire. It was freelance writing, “Death and Taxes” that won me the opportunity and I find it ironic it is that issue, taxes, currently in front of the American people. As I look back over the last 99 weeks I note my philosophies have emerged where I feel I can clearly define my views: libertarian (with a little “L”), constitutionalist fearful of eroding liberties, and angry at politicians feeling anointed to spend, steal, and create laws but yet hold themselves above the people.

My early columns could be republished today: “What is Government’s Role”, “When Should Citizens Fear their Government?”, and “Big Brother is Watching.” Sadly I look back and see a country that has worsened during the last 100 weeks and continues to spin into the abyss while the citizenry look the other way to take in meaningless hype like Casey Anthony, the NFL, and “Dancing with Stars.” Two forces have united to provide the Kool-Aid for apathy, the media and the President. Right now we are two years into the economic recovery: remember “Green Shoots”, Biden and Obama touting all of the jobs they saved, and the National Realtors Association calling the bottom to housing prices? This deception is dutifully reported by the three networks and bull-horned by General Electric owned MSNBC and CNBC.

Over the weekend, the networks gave more time to the Amy Winehouse drug-induced death than the critical issues. Did you know last week gold hit a historic high over $1,600/ounce; jobless claims topped 400,000 for the 15th week in a row; and Borders (closed 399 stores), Cisco and Lockheed Martin announced combined layoffs of 23,000? Since January state and local governments have laid off 142,000 workers. Let’s not forget last week’s media celebration of American Airlines ordering jets from Airbus, a consortium of European companies, a staggering loss to domestic aircraft producers. Although our President tells us things are better and improving it is impossible to conclude the same when looking at the numbers. Likewise the 1930s were a long road of government missteps trying to fix problems created by the same banking cartel whose lineage has brought the same destruction upon us today. Looking back, history provides hilarious quotes from our leaders during the Great Depression trumpeting the recovery and “Happy Days are Here Again.” I believe Obama and Biden will be similarly chided for their mistruths when history is chiseled.

July 24, 2011 by admin Civil Rights Depression General Rant Great Recession Mainstream Media Obama

July 4th 2011

July 4th 2011 (6/29/2011)

Last July 4th I was in Washington, D.C. with my children and wife to watch the nation’s fireworks show. It was a moving experience to visit the Jefferson and Lincoln Memorials, see the Washington Monument, and more importantly to trek through the National Archives to see the Declaration of Independence and Constitution first-hand. In the last 12 months there has been a political shift in the House, political scandals, the death of Osama Bin Laden, and wars started in Libya and now Yemen. Last July 4th gas prices averaged $2.72 versus $3.70 this year, more Americans are on food stamps than ever before – 13% from last year, and housing prices have dropped more than in the Great Depression – down another 5% from last year. With bad numbers at home things must be getting better abroad, but that is far from what is occurring. The European Union appears to be entering a new crisis ignited by Greece and the Japanese earthquake is showing how desperate governments put pride before safety.

July 4th is celebration of the events of the summer of 1776 and the proclamations debated in Philadelphia in July to declare independence from the British. The two statements, “all men are created equal” and “Life, Liberty, and the pursuit of Happiness” are idolized around the world as symbolic of the freedom we have. It was September 17, 1787 that gave us the America we enjoy today; the signing of the Constitution and Bill of Rights. It did take nearly another 18 months to ratify the document, but the America I know came from the forward thinking Continue reading…

June 29, 2011 by admin Civil Rights Depression Freedom Great Recession

Gestapo and Gulags

Congress successfully reauthorized the Patriot Act on May 27th, 2011 with hours remaining before the Act would expire. America is eerily following the same path Hitler’s Nazi Germany took in the early 1930’s; a path of Federal law enforcement, diminished civil rights, and lack of transparency in the courts. The Gestapo was given the authority to investigate treason, espionage, sabotage and criminal attacks against Germany. The basic law passed in 1936 gave the Gestapo the right to operate without judicial oversight. The Gestapo could not be sued by citizens in Administrative court.

Americans are subjecting themselves to our own Gestapo, Department of Homeland Security (DHS) willfully. Examples abound from TSA searches, disrobement, and groping at airports, rail stations, and even high school proms to document and papers required to open a bank account or get a job. Openly over the last 18 years there has been a push from local community law enforcement to a federally dominated model of control. Any local assertion of state’s power is met with federal resistance, like the Arizona and Georgia immigration lawsuits or economic threats to Texas over passing an anti-groping bill. DHS has pushed a “see something, say something” campaign to encourage spying on neighbors and standing up to Big Brother is now cause for consideration as “domestic terrorist.” It was that “domestic terrorism” that brought us freedom and the genesis of our country.

As police power expands, and 1st, 2nd, and 4th Amendment rights are reduced more citizens are being jailed than ever before. The term “Gulag” was originally an acronym for the Soviet agency administering the prisons, but has since come to represent any penal system. America has sharply turned her view on incarceration from on of rehabilitation to mandate. In 1982 approximately 1 of 77 Americans was under “correctional-control”, today that number is 1 of 31. Georgia leads the country with 1 of 13 adults under some type of judicial supervision. Take into account wage garnishment orders, child support orders, and foreclosure liens and judicial findings and the number is higher. Today the United States has the highest incarceration rate (3.1%) and the largest prison population of any country in the world. Even communist China with three times the population incarcerates fewer people.

The trend I see developing is one of government control creating fear among the citizens. I challenge you, what consequences would you face if you question how TSA handles you? What would you expect to happen if you say “no” to a police officer regarding a roadside search? Why are our countryman arrested for filming police stops? Why do victimless crimes, like drug use or possession, result in incarceration? More frequently the noose is tightening around our necks, “We the People..”

June 15, 2011 by admin Big Government Civil Rights Freedom Stupid People

Little Noticed News

Little Noticed News (6/1/2011)
Oprah, Republican presidential candidate implosions, and Obama’s Irish roots seem to dominate the news. On a national and international level none of these newsworthy events will impact most Americans. Instead, I argue there is an entire underlying level of news taking place nationwide, some of which gets a brief mention on one of the cable or broadcast networks, but most of the news disappears not to be heard from again. America is changing, and changing rapidly. Willfully civil rights and constitutional guarantees are being eroded, and yet a blind eye is turned. Below I have listed examples from the last three weeks.
On May 22, 2011 – a Santa Fe, NM high school announced TSA would pat-down students as part of security to enter Prom. From TSA’s own web site, the agency’s mission is, “The Transportation Security Administration protects the Nation’s transportation systems to ensure freedom of movement for people and commerce.” Nowhere is a high school or sports event mentioned, and I cannot imagine being groped on my last night in high school.
May 21, 2011 – Mark Fiornio strolled through downtown Philadelphia lawfully, openly, carrying his permitted gun. The issue at hand is Mr. Fiornio was detained, nearly shot, and charges brought against him for disorderly conduct and reckless endangerment. He tried to explain to police offers he had a permit and cited the statutory laws allowing him to open carry. Local authorities are warning gun owners that they will be “inconvenienced” if they carry unconcealed handguns in the city.
May 15, 2011 – The Indiana Supreme Court, 3-2, ruled people have no right to resist officers who enter their homes under the premise it is in the greater public good and would minimize confrontation. Additionally, the Indiana Court ruled police do not need to knock to serve a search warrant.
May 17, 2011 – Historically police offers required probable cause and a search warrant before breaking into a home. That changed with the Supreme Court’s ruling in Kentucky v. King. Ruling 8-1 the justices gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Justice Ruth Bader Ginsburg dissented, fearing the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures.
In each of the above cases I can easily see the argument for “greater good”, “public safety” and other pansy excuses. Sadly, “we the people” are continuing to allow our freedoms to incrementally erode away. In one week, four cases that have far reaching circumstances. As a reminder, blood was shed for The Fourth Amendment, which assures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,”

June 1, 2011 by admin Big Government Civil Rights Controversy Freedom Stupid People

iTracker

iTracker (5/4/2011)

In the “Daily Mail” on 4/18/2011 I first read hackers in London discovered iPhones are recording and storing specific location data about their users. Initially the major networks and newspapers in America were slow to report this, taking almost 4 days to do so. Humorously Apple’s, Steve Jobs first offered no such information was gathered and certainly without malicious intent. With persistence though, the media found more details and Jobs did acknowledge the data gathering. So what’s my beef? As a programmer I do not consider the tracking file an accident and my concern is the potential misuse of the data. Possibly the programmers had good intentions but knowing a data record of individual details exists would be too tempting for use by others.

Let’s consider three examples. First, police in Michigan have been accused of downloading the data during traffic stops, without warrants or arrest in violation of the 4th Amendment. Law enforcement could use the data to pinpoint the whereabouts of a particular individual. Imagine the phone doing detective work for the police by providing when and where he goes. Second, employees are at risk from employers as the employer typically owns the phone; thus the data can be checked to verify the whereabouts of employees to ensure he is working, or where reported during office hours. Third, consider a contested divorce with a vindictive ex-wife. Through Discovery the data file must be made available and the husband’s whereabouts at any time readily known. In my second and third examples the 4th Amendment does not apply, thus anyone with an iPhone has already voluntarily submitted to 24-hour tracking.

My preference is to believe Apple had no malicious intent in mind when the file was created and most likely it was created to improve location data services and their product service offering. However, some have reported this is a requirement under the Telecommunications Act of 1996 and most likely “we the people” allowed this further erosion of our privacy and personal rights to take place based on the premise, “they would never do anything bad and it will help stop crime or save lives.” In my recent column, “Land of the Free” I argued there is no longer bravery among us and we idly standby while our freedoms disappear. Personally, I have deleted the file on my phone and will continue to do so. Maybe it still exists on a server somewhere, but at least I have fought back. My concern is when will anyone else fight back?

May 26, 2011 by admin Civil Rights Freedom Mainstream Media

Can I Wear My Shoes Now?

Can I wear my Shoes Now? (5/4/2011)

Sunday night I was on my way home from Atlanta tuned in to CNN when I heard the President planned an unprecedented press conference around 10:40pm. My wife and I speculated on possibilities, “what could be so important?” Jokingly I offered maybe Osama bin Laden was dead, but that certainly was not worth a late night press conference. Of course, if your poll numbers have fallen to historic lows and your re-election campaign was prematurely announced weeks ago then this could be the much needed booster shot.

I argue, “who cares?” Eight or nine years ago the death of Osama bin Laden may have had material impact. For nearly 10 years we have been given the boogeyman of threat, Bin Laden and his minions trying to harm us. Of course, Orwell would not have given up his government boogeyman, Emmanuel Goldstein, because he was the necessary fuel for the government machine. Bin Laden, like Goldstein, is a necessary enemy of the state; serving to distract, unit e and focus the people away from the true issues. Bush brought as bin Laden, a desperate politically troubled president has eliminated him. Reminding us how important it is not to piss off our enemies, the United States is treating Osama bin Laden’s body in “accordance with Islamic practice,” a White House official says. If this man was our enemy I assert his body be publicly hung in Times Square and treated to a ticker tape parade, unless of course, no body exists and this is a diversion.

So, the real question the next time I board an airplane is, “can I wear my shoes now?” If Bin Laden is dead I assume this means we can pull out of Afghanistan this week and bring our troops home since we spent billions of dollars chasing this idiot through caves, not unlike Bill Murray and the “Caddyshack” gopher. Sadly, the media was quick to report ramped up security efforts, more scanning, and began fear-mongering possible Al Qaeda retaliation attacks. Give me a break, Goldstein (I mean bin Laden) is dead and now the threat level is pushed to imminent. I expect more money will have to be spent to assure Al Qaeda terrorism is minimized. I expect much focus on the White House this week, defining our President as a world-wide hero who saved humanity from an evil man, with the media acting like teen-age girls at a “Teen Beat” cover shoot. Osama bin Laden is dead; can I wear my shoes now?

May 25, 2011 by admin Civil Rights Freedom Muslim Obama Stupid People Terrorists

Left – I agree more than you think

I rarely read the columns to my Left and Right on this page, but recently was made aware of a comment asserting I had a “Right” bias. Although probably not far off at first glance, due to my fear of tyranny through larger government, I thought I might take on the challenge and clarify many of my positions for all who read. I compiled a list of my columns for the last 80 weeks and saw a common theme emerging, one that distances me from most on the Right and those on the Left, but more so defining a tolerant middle-ground. Let me proceed.

We should not have a death penalty, in my opinion to put one innocent man to death is far more grievous an error than all the guilty men “legally” killed. In contrast I would argue the same applies to abortion and we should not terminate those who cannot speak for themselves. I do not support school sponsored prayer, or even prayer at a public event. At the same time I feel it is wrong to tell someone they cannot pray or express themselves religiously, both positions fail to respect the individual. I do believe the environment should be protected at all costs, to not be a conservationist is only destroying the world for future generations. However I am of the opinion Global Warming is complete hogwash. Regarding health care, as dutiful men we need to care for the indigent and infirmed, but government is least likely the right mechanism to transfer such wealth whereas charity and selflessness will more efficiently provide.

I move far from the left on the concept of income redistribution and sincerely believe all men are created equal, and therefore have an equal chance of success. However, I do believe some amount of government regulation is necessary as many men will choose cheating and scheming over honesty. Like many on the Left I believe the Patriot Act was the most abusive attack on our civil rights ever made and it should be immediately abolished. Unlike those on the Left I believe the Founding Fathers did not see the Constitution as a living document, fearing tyranny, and wanted to give liberty from government to future generations.

I can state my position succinctly: I love my country, but fear my government. “When the people fear their government, there is tyranny; when the government fears the people, there is liberty.” – Thomas Jefferson.

March 25, 2011 by admin Big Government General Rant

Homework

My daughter’s homework recently piqued my interest while she was studying for an exam. Currently, she’s taking an American Government class; learning about types of government like authoritarian, dictatorship, oligarchy, and democracy. During our studying though we came to a handout that forced me to question today’s teaching as it focused on explaining the role of government. It is this question that divides left and right, Democrat and Republican. Personally I have a strong libertarian view which believes in a very limited role of government.

Reviewing her handout I learned there are seven roles taught to today’s students: defense, taxation, judiciary, education, health care, transportation, and economy. I wondered how many Thomas Jefferson would include on the list and speculated three: defense, taxation, and judicial review. Seeking a more definitive answer I found only defense and judicial protection receive consensus and without taxation the rest of the list cannot exist. Sadly, I think our country has reached a crossroads in development: we can have freedom and independence to control our lives with no government involvement but risk personal loss and failure, or we can mutually combine all of our earnings and share the bounty regardless of productivity to protect our entire society against any calamity that may befall us.

I believe the second option has been tried repeatedly throughout history and most recently by the idealist Karl Marx in a quest to end class struggles; recognizing the needs of the proletariat against the bourgeoisie. Modern communism expanded on the efforts of Marx’s writings with Lenin and then Stalin accelerating its spread; dictatorial regimes use communism to disguise their own human rights atrocities. Many would claim the U.S. has recently failed at the longest running experiment in capitalism and laissez faire economics allowing business to overrun the working class. However, a quick glance at American history confirms anyone, regardless of status, education, or connection can succeed to enormous wealth, unlike communist nations allow. Successes like Bill Gates, Larry Page, and Jeffrey Bezos abound and even Presidents Clinton and Obama come from the poorest of backgrounds and family struggles.

Ayn Rand concisely describes the role of government “as, the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others.” I believe the role of government is to allow me freedom of choice – to succeed or fail

February 16, 2011 by admin Big Government Civil Rights sheep taxes

Cairo – Do Americans Riot?

Several weeks ago uprisings in Tunisia dominated the evening news and daily papers. Most Americans are quick to dismiss such events, and why not? Steven Tyler’s performance on “American Idol” or the choosing of 20-something millionaires to play in the Super Bowl delude the masses; appearing far more important than citizens risking their lives for freedom. I too have felt the challenge to understand, but in college I watched Chinese students challenge communist regime and ultimately give their lives in Tiananmen Square to demonstrate the human rights violations of their government. Growing up I knew the communists of the U.S.S.R. regularly violated individual freedoms and imprisoned citizens behind the iron curtain. Through Hollywood movies I learned more about the fight after World War II and my history classes tried to explain the actions of authoritarianism and dictatorships.

Although many arguments about the cause may be made, the issues in Cairo this week are driven by 30 years of authoritarian rule under President Hosni Mubarak and a discontent youth rebelling against his authority. But the recent riots are not new, and by no means ultimately represent the underlying problems in a country desirous of democracy but operating with an ancient mentality. On November 24, 2010 a Christian was killed, 100 arrested and 3,000 demonstrators protested the razing of a new Christian church built without a permit. Under Ottoman law a permit is required to build a Christian church, in contrast Mosques are built easily and regularly without review of a state authority. Today many assertions are being made in the media that the riots are religious in nature, but local reporting and blogging, held an opposite view. Instead, the riots are the result of 30 years of oppression and dictatorship and inspired by the Jasmine Revolution in Tunisia.

As the World’s policeman the American citizenry believes our own government is above such actions and the riots we watch overseas could not occur here. My wife and I had a conversation this week about Americans and whether riots would take place here. Coincidentally I am reading a book, “The Emerging Police State” by William Kunstler and together we watched “Battle in Seattle,” chronicling protests against the World Trade Organization. Skeptically I listen to the outrageous conspiracy claims of Alex Jones and wonder if any truth inspires. As I learn more though I have discovered striking parallels between the radical claims of the left and the right; the common thread leading to a questioning of our government’s actions. Uprisings have occurred on our soil, and many are similar to Egypt: spurred by youth and ideological believers desperate for change and an opportunity to be heard. Sadly, like Egypt, death has come upon those who question the United States government or the corporations profiting and seeking protections through the rule of law.

Kunstler’s book is a compilation of speeches made through the years and inspired by his battles for justice. In my opinion it is easy to condemn the actions of those we do not like, but it is more important to defend the application of justice when we like it least. From a speech in 1971, with memories of Kent State fresh, long forgotten to the annals of time and unknown to anyone under age 40 today, he indicts the government for condoning the slaughter of unarmed students, using the law to fabricate evidence and justify its actions. In the most disgusting example, the Grand Jury which is supposed to provide protection from the law, but serves as an agency of the government, found the National Guard justified in shooting, although no student sniper existed and it was a Major’s discharge of his sidearm that prompted spraying the crowd with bullets. Furthermore, the Grand Jury recommended .22-caliber bullets should be used against future student demonstrators instead of the larger, more harmful caliber M-1.

Forty years later, in the summer of 2010, Pittsburg was shut down and noise suppression cannons were used to hold off G-20 demonstrators. No one was killed, but our government has mechanisms to slow and prevent demonstrations. Likewise, the movie “Battle in Seattle” shows the offensive measures police and National Guard took against WTO protesters in 1999. Since then “Exclusion Zones” have been created and are defined as “areas where protesters are legally prohibited.” A quick read of the Bill of Rights contradicts this as the Congress was prohibited from passing any law interfering with the right to peacefully assemble. Without protest though, we have sheepishly allowed court rulings to support the establishment of Exclusion Zones and Free Speech Zones, often located miles from the desired protest site and set behind concrete barriers, fencing, and razor wire.

Watching from a distance this past week I am concerned our government and media does not condemn Egypt’s actions to shut down the internet and communications. With bi-partisan support the Senate is prepared to again introduce legislation to create an “Internet Kill Switch.” In Egypt stopping communication has become necessary to thwart organizing by protesters. I believe many Americans view such actions as part of their perception of safety, but I counter it is another step in the incremental destruction of our freedoms. When challenged, a congressional white paper on the measure said the proposal prohibits the government from targeting websites for censorship “based solely on activities protected by the First Amendment of the United States Constitution.” Ironically, the same language is used in the Patriot Act.

Our country is radically changing, not in terms of Democrat versus Republican, but government and corporations versus citizenry. Each of the Amendments of the Bill of Rights has been usurped over the last 40 years to protect the state and corporation. Meanwhile we have sat idly by accepting, like children, the supposed safety created in exchange for liberty. We have watched legislation pass that punishes minorities and the indigent in greater numbers. Currently the mainstream populace finds itself victim to the banking, mortgage, and credit fraud perpetrated by the elite few and legitimized by Congress. I challenge you to understand why youth in Egypt are risking their lives against oppression, question why Icelandic people rioted to avoid the indebtedness of the banks, why 170,000 TSA employees have the freedom to ignore the Fourth Amendment, and why both sides of Congress support legislation to cut communications via the Internet. From the comfort of our homes it is safer to let others protest and not put ourselves at risk. I think the answer to my wife’s question about whether Americans riot is easy, “the passionate due, the idle don’t.”

February 12, 2011 by admin Civil Rights Controversy Muslim Terrorists