Tag Archives: law

Liability Immunity is Wrong in so Many Ways

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Liability Immunity

Federal and State governments provide liability immunity for a number of people and businesses and every single bit of it is wrong. Wrong! The topic of liability immunity is being discussed a great deal lately because of Covid-19 and President Trump’s social media spats but the problem is far deeper and more insidious than that.

State governments have largely made individual law enforcement officers immune from lawsuits in regards to actions taken while performing their duties. Thus, the officer who threw a flash-bang grenade into a crib during a no-knock search warrant couldn’t be sued by the parents whose baby had half its face burned off.

Gun manufacturers are immune to liability. Volunteers working for the government are immune to liability. The government has protected all sorts of people and businesses from liability over the years including social media outlets. If someone harms another person through negligent actions, the place to determine liability is in the courts, not in the legislatures. This seems self-evident to me.

Why should anyone get blanket liability immunity? It makes no sense to me; we have a judicial system to sort out these problems. Certainly, individual cases might be decided in a fashion I think is unfair but the old expression we shouldn’t throw the baby out with the bath water seems perfectly relevant to me.

It’s important to note the liability immunity extended to social media by Congress means, by default, that such liability immunity can be removed, or a threat to remove it can be made. This gives government power they should not have; it gives government the ability to influence what content we see or don’t see. When we give government the ability to extend liability immunity, we explicitly give government officials the right to selectively remove it. They should have no such ability whatsoever.

When the government offers to give businesses liability immunity in regards to Covid-19 they are essentially engaging in force against We the People. If you don’t go back to work in a dangerous environment, we will punish you. We are taking away your right to get redress for crimes committed against you.

I’m horrified by all this liability immunity. If you harm through negligence, or other means, you must face your day in court. Anything else is tyranny.

Tom Liberman

Garrison Brothers Whiskey and Governor Perry

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Garrison Brothers Whiskey

I attended an event at the whiskey place down the street, Gamlin Whiskey House, to learn about Garrison Brothers Whiskey and during the talk found yet another reason to hate government. One of the Garrison brothers mentioned that it was illegal to distill whiskey in Texas when he and his brother started up their business. Only the personal intervention of Governor Perry allowed it to take place. You’d imagine I’m happy about that but you’d be wrong and I’m here to explain why.

Apparently, the Garrison lads were learning how to distill in those early years but not actually selling any product. They knew what they were doing was illegal in the state of Texas but nobody really cared as they weren’t in a commercial business.

The distillery is located in Hye, Texas which is not far from the state capital of Austin. This means that Perry happened across it one day. Perry also happens to be a whiskey drinker. Imagine, if you will, that the Garrison Brothers distillery was not located near Austin, that Perry was a teetotaler, that Perry’s wife had bad romance with one of the brothers. Where would Garrison Brothers be then? That’s the root of the problem.

Yes, it’s nice that the government of Texas allowed the Garrison Brothers to legally distill and sell their whiskey. However, it’s awful that the government is in a position to allow or disallow such activity. The Garrison Brothers should be able to distill their whiskey and sell it with or without government support. You only have to look at the horse meat industry to understand the government can put anyone out of business, at any time, with the stroke of a pen.

Certainly, the government has the right to obtain a sample of the whiskey, send it to a laboratory, analyze it, and publish the result of that analysis. Let the public know if the whiskey has so much alcohol that it is toxic. If the whiskey is toxic then the law enforcement arm of the government can spring into action.

Whiskey reviewers have the right to purchase the whiskey and assign it a grade and the government should be able to do the same thing.

The whiskey, you ask? It’s made with high desert water from Texas and local produce so it has a different overall feel than Kentucky or Tennessee whiskey. It is softer in the mouth and doesn’t have that immediate striking feel on the tongue and roof of the mouth but has a lingering and lovely flavor on the side of the mouth and down the throat.

My recommendation? Next time you go whiskey shopping, purchase a bottle. You might find it becomes a go to brand or you might not find it to your taste. That’s a choice for you to make, not the government.

Tom Liberman

Utah to Make Polygamy a Misdemeanor

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polygamy a misdemeanor

Mormon hotbed Utah is poised to make polygamy a misdemeanor crime instead of a felony and this Libertarian applauds them. I’ve written several posts about why the government should not be involved in the marriage game; either to promote it or make certain types illegal. This new legislation is particularly interesting from a historical perspective because Utah was allowed to become a state only if a ban on polygamy was written into their constitution.

This law is being promoted as a good thing because women and girls, primarily, are being victimized in a variety of ways but are afraid to come forward because the polygamy laws could potential put them in jail. The argument being that making polygamy a misdemeanor will encourage women who are raped, kidnapped, and otherwise victimized more willing to come forward.

It’s important to understand this argument is completely true but not only for making polygamy a misdemeanor. Laws against prostitution and the war on drugs have little effect to stop either but anyone who engages in these trades can more easily be victimized because they cannot come forward to report such a crime. Remember when Omar robbed the Co-op? What were they going to do, call the police?

I just read a story about how the Coast Guard is proudly offloading twenty tons of seized cocaine in San Diego. I feel the vomit rising in my throat when I read how this evil drug will never make it into the schools and communities. Meanwhile, far more of the stuff under a pharmaceutical brand name is prescribed and sold legally throughout the United States. But, the War on Drugs, one of my favorite topics is not the subject of today’s conversation.

This is the reality we must confront when creating laws that ban a practice or product from willing consumers. We essentially create an entire criminal enterprise where there might be a simple capitalistic market. This inhibits those who engage in the activity from seeking the protection of law enforcement and makes it more likely they will be victim to horrific crimes.

Young girls are forced into polygamous marriage and subject to serial rape. They don’t come forward readily because they are criminals also, in the eyes of the law, and fear being imprisoned. If that doesn’t resonate with you, it’s hard for me to imagine anything will.

Making polygamy a misdemeanor is a step in the right direction but the reality is clear to me. Consenting, legally capable adults should be able to marry anyone, of any gender or number, they desire. The government should have no role in the enterprise.

Tom Liberman

Kris Bryant and the Cubs test Libertarian Ideals

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Kris Bryant

There’s been an interesting story in the sports world involving Chicago Cub slugger Kris Bryant that has been simmering for five years. Bryant was a highly-touted young rookie for the Cubs that season but they kept him in the minor leagues for two weeks starting the season. This denial means Bryant must wait until 2021 to be a free agent and sign an enormous contract, rather than doing so this year.

Bryant lost an arbitration case in which he argued the Cubs made their move solely to deny him a year of service while the Cubs argue the two weeks were necessary seasoning for Bryant before being called to the major league club. As is my way, let us dispense with all nonsense. The Cubs kept him in the minor leagues back in 2015 for the sole-purpose of getting an extra year out of him without paying free agent prices. The argument the Cubs put forward is a lie. This is not the subject of my blog today.

What I want to examine is the Libertarian ideology that people, or organizations, generally do what is in their best interest. It can be argued the Cubs did what was in their best interest by holding back Bryant for two weeks. They basically got his services for almost the entire season and gained an extra year by doing so. However, Bryant is angry about it and has refused all long-term contracts the Cubs offered him. He wants out because he feels they cheated him. That is clearly not in the interest of the Cubs.

My beloved St. Louis Cardinals have a history of not resorting to this particular methodology as a way to keep players under contract. Often times, but not always, the player eventually signs a long-term contract under reasonable terms with the Cardinals. It can be argued that the strategy employed by both the Cardinals and Cubs is in their best interest. This is a problem with Libertarian Ideology in regards to enlightened self-interest.

We don’t always know what is in our best interest in the long run. It is also clear what is in the best interest of one side is not always in the best interest of the other, in this case Bryant and the Cubs are at odds over the subject.

Sometimes people and organizations behave in self-destructive ways that are not in their own interest. Where does this leave a Libertarian such as myself?

I understand that enlightened self-interest isn’t a line that can easily drawn and that sometimes it is impossible to do so. The question for me is if the arbitration committee gets to make that decision. Do they get to say the Cubs acted illegally and grant Bryant free agency immediately?

Major League baseball and the player’s union came up with a system. The Cubs manipulated that system. Bryant is the victim. It was a crappy thing for the Cubs to do to him but they followed the agreed upon system and that is really all we have to make any final determinations. Can a better system be implemented? Likely. Proceed to do so.

Tom Liberman

Nicole Franklin Running Over a Mexican Girl

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Running over a Mexican girl

Nicole Franklin is accused of running over a Mexican girl who was walking on the sidewalk. Franklin is now being charged with attempted murder. Franklin admitted to doing so because she thought the victim was of Mexican nationality. A number of groups want to charge Franklin with a Hate Crime in addition to attempted murder but Polk County Attorney John Sarcone is resisting such efforts. Good for him I say.

I wrote about my objection to hate crimes not long ago but this gives me an opportunity to reexamine the situation. What Sarcone says is very instructive in this regard. A hate crime charge enhances other charges, such as arson and assault, but doesn’t apply to attempted murder. The gist is the idea we should punish people extra for crimes based on the criminal’s motivation.

Sarcone argues that attempted murder is a heinous crime and the charge stands alone. That enhancing that charge is useless. I agree with Sarcone in regards to attempted murder but I disagree in regards to arson or assault. Both of those crimes also should stand alone. Running over a Mexican girl is plenty of reason to put someone in jail. We don’t need to know what was Franklin’s motivation in order to charge her appropriately. Is running over a Mexican girl more of a crime because Franklin hated Mexicans? I hardly think so. What if Franklin ran her over because she was wearing a dress purchased at Walmart and Franklin was once fired from a Walmart?

This illustrates the problem with the very idea of a hate crime. It gives our government, and their law enforcement arm, a way to punish particular members of our society differently depending on their mindset. Everyone who intentionally drives their vehicle onto a sidewalk and attempts to run over a Mexican girl, or anyone else for that matter, is equally guilty. The police must not be allowed to take our thoughts into account, even if we admit to them.

Is Franklin a vile human being? Certainly. Did she allow political rhetoric to destroy her own life and almost murder an innocent? Yes, and yes again. Are there others out there like Franklin? Absolutely. The question is if we serve society by giving Franklin a bigger penalty because of her hatred of Mexicans. There I must answer a resounding no. We actually harm society.

If authorities can charge Franklin with a more serious crime because she hates a group of people, we are giving the government a power they should not, must not have.

Let’s imagine the government decides it has a vested interest in putting Anarchists in jail. They can now charge someone with a more serious crime, say jaywalking while an Anarchist, than they can any other jaywalker. Anarchist hate laws, Anarchist commit crimes more heinously than others. This allows the government to favor one group over another simply because of their mindset or the organization to which they belong.

This is a road, pardon the pun, that leads to very bad places and I understand such, I hope you do as well. Charge Franklin with attempted murder for running over a Mexican girl, that is what she did, and that is what she should be charged with doing. Nothing more or less.

Tom Liberman

Too Old to Trick or Treat Laws

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Trick or Treat

There’s a viral story making the rounds about Chesapeake, Virginia and their ordinance against anyone over the age of 14 going out to Trick or Treat over Halloween. The city council passed the law which carries with it a fine of $250. People are outraged. I’ve written before how it’s within the purview of any local government to pass any law it wants. My problem with this law is that it creates criminals where there are none.

Most people think the government shouldn’t be out there checking on the age of children who are out on a Trick or Treat mission. I agree although, as I’ve written, it is certainly not a right granted by the Constitution of the United States and thus local municipalities can write laws banning the practice to people over a certain age.

The problem comes from why the law was written in the first place. In reading the article you find that way back in 1968 there were several Halloween pranks that went too far, including older children throwing firecrackers into the candy sacks of little Trick or Treaters. The ordinance was passed so that police could arrest those engaging in destructive behavior on Halloween.

The problem, for this Libertarian, is that engaging in mayhem is already against the law. Most municipalities have extensive rules and regulation on such things. If the law enforcement agents witnessed something like that happening, they already had plenty of legal backing for an arrest.

The good news is that the police in Chesapeake have engaged in incredible restraint in regards to this law. They have cited no one since it came into existence way back in 1970. I’m often critical of law enforcement officers here on this blog and I want to take time out to salute the fine women and men of Chesapeake who have shown wonderful judgement in refusing to enforce this stupid law. If only all police officers had such good sense.

The problem is the officers are allowing people to break the law every Halloween. I guarantee there are plenty of children over the legal age out there engaging in Trick or Treat candy collecting. This is where we get selective enforcement of the law and where police officers often run into charges of racism and other misbehavior.

The point is the law itself is stupid. It makes criminals of anyone over the age of 14 who wants to Trick or Treat. There are plenty of incredibly stupid laws on the books but, sadly, police don’t always ignore such ordinances.

If the city council of Chesapeake wants to prevent mayhem on Halloween, they need merely enforce existing laws preventing such. They do not need to create new laws and new criminals. This leads to far more trouble than the law was intended to stop.

Tom Liberman

Hidden Immorality of Medical Costs

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Hidden Immorality

I just read an interesting article that illustrates the hidden immorality associated with medical costs in this country. In Alabama primarily but other states as well, the sheriff’s office is required to pay for medical expenses of inmates. The cost is so prohibitive the sheriffs simply release the inmates, often dragging the hand of an incoherent prisoner over a release form, before sending her or him off to the hospital.

Do the sheriffs in question know this is an immoral action? Of course they do, but what other choice is there? If an inmate suffers from a serious illness the cost of care could be more than the entire department’s yearly budget. That’s the reality of high medical costs in this country. The problem spreads its vile tentacles into so many aspects of our lives it’s difficult to truly comprehend the horror it creates, not only for patients, for their families, but also for the people who are trying to care for them, including the sheriffs.

I absolutely guarantee you sheriffs don’t want take prisoners who look like they are getting ill, drive them to the edge of town, and dump them on the street. The reality is painful but true. Why is this happening? Because so many poor people don’t have insurance. Why don’t people have insurance? Because medical care can be an enormous expense and insurance companies don’t want people who have illnesses on their plans.

The trickle up effect is that sheriffs, counties, states, and the federal government are stuck with enormous bills they cannot easily pay, just as are patients. The result is that people are not getting treatment because it costs too much and that creates vast suffering, a hidden immorality of high medical expenses.

Do you think a law enforcement officer goes home and tells her or his friends and family about how wonderful it was to help a nearly unconscious inmate scrawl their signature on a release form so the county could save money? I don’t. I think the officers hate themselves for having to do it because the act is unethical on its face. Yet it is happening over and over again. That’s the hidden immorality that our nation is facing.

I’ve written about the underlying problem, an aging and unhealthy population, before so I won’t go into details here. There are certainly no easy solutions but I think it’s important to understand how medical costs create a hidden immorality far beyond the people who get sick.

Tom Liberman

Government Plans to Ban Vaping Flavors and People are Overjoyed

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Vaping Flavors

The latest assault on freedom is the Food and Drug Administration’s plan to ban Vaping Flavors. That’s right, the government wants to tell adults they are not allowed to use flavored tobacco products. Everyone is overjoyed because it will save the children. Sigh, it’s hard to be a small government Libertarian in this day and age.

I mean, seriously. The federal government of the United States has grown so bloated, so enamored of its own vile power that officials think it’s perfectly acceptable to ban Vaping Flavors. Flavors! The people of this nation have become completely complicit in our own enslavement. We are so frightened, so unwilling to stand up for our rights that we willingly vote in totalitarian fascists who won’t let us smoke mint flavored tobacco, and pat themselves on the back for the wonderful good they are doing in saving us from ourselves.

The First Lady is horrified by teenage vaping and the administration wants to put an end to it. Let me quote President Trump: People are going to watch what we’re saying and parents are going to be a lot tougher with respect to their children. Parse that, if you dare. It’s important to understand that by teenage vaping they are talking about people eighteen and nineteen. They’ve already outlawed most tobacco products for people under eighteen.

What Trump is saying is that the Federal Government knows better what is right for your children, and for you, than you do yourself. That once the Federal Government leads the way in banning Vaping Flavors the people will immediately see the error of their ways and stop allowing their children to do it. This doesn’t even take into account that every adult who enjoys vaping mint flavored tobacco will instantly become a criminal.

If you want to vape a tasty flavor you will be a criminal. You will have to go to some black-market purveyor of Bubble Gum Flavored Tobacco Vape and, in a dark alley watching out for gun toting law enforcement officers, slip money to a shady operator who shipped in the dangerous product from the mint producing nations of the world where there is still some freedom.

I’m flat out disgusted by our politicians and by the voters who put them into office. I’m baffled as to how this is happening. We will soon no longer be free to enjoy flavored tobacco. How can the people of this country look themselves in the mirror? Have we no understanding of freedom left?

Tom Liberman

Sherry Tina Uwanawich and the Million Dollar Curse

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Sherry Tina Uwanawich Curse

There’s an interesting story in the news about a woman named Sherry Tina Uwanawich because the courts ruled she defrauded a family of $1.6 million by claiming they were under a curse. Uwanawich was ordered by the court to repay the money and sentenced to more than three years in prison. The argument of the government is that there was no curse and the money was fraudulently obtained.

So, why am I writing about this incident? Uwanawich took advantage of a gullible family and stole their money, she deserves what she gets, right? Well, in the same way you think curses aren’t real, I think religious salvation isn’t real. How much money is given to churches for fake salvation? I’m sure many of my friends and readers are certain that religious salvation is real but so too the family Uwanawich exploited was certain curses were real.

There are many people across the globe who believe in curses. There are many people across the globe who think it’s not a globe at all and give money to Flat Earth organizations. There are many people across the globe who believe all sorts of nonsensical things. The point here is that if Uwanawich is guilty of fraud, so too are many other organizations.

Can we prove curses aren’t real? Can we prove god isn’t real? Can we prove there isn’t a teapot orbiting the sun midway between Mars and the Earth? Perhaps Uwanawich actually saved the family from a terrible curse and their $1.6 million was well spent. The amount certainly pales in comparison to the amount of money various churches collect from their devotees. People pay money to those who take advantage of their nonsensical beliefs all the time and yet, for the most part, we don’t find it criminal. What’s different about this case?

Don’t get me wrong, what Uwanawich did to that family was reprehensible, but do the family members not bear much of the responsibility? They certainly handed over the money eagerly and willingly and presumable avoided the dread consequences of the curse.

In that far distant future in which Atheists come to power should they have the ability to put your local religious leader in jail for defrauding you? It’s a question needing an answer and I’ll happily tell you what I think. No. Religious beliefs, whether curses or salvation, should be out of the purview of the courts. Believe what you want and suffer the consequences, financial or otherwise, that’s your business.

Tom Liberman

Shai Werts and the Bird Shit Cocaine

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Shai Werts

A young man named Shai Werts who plays football for Georgia Southern was arrested for cocaine possession the other day and the entire thing gives me yet another chance to rant against the so-called War on Drugs. The entire episode illustrates how police use the War on Drugs to persecute those they don’t like, which, I’m sure you’ll find shocking, is most often minorities.

Here’s what happened. Werts was supposedly speeding on a secluded road and an officer tried to pull him over. Werts was uncomfortable in the situation, called 911, and drove to a more populated location followed by police. When he did pull over, he explained why he didn’t stop immediately.

Our finest officers then scraped bird shit off his car hood, put it in their field kits, claimed it tested positive as cocaine, and arrested him. Werts told the officers it was bird shit but they weren’t going to put up with that excuse. Later, when subjected to a real laboratory test, the substance turned out not to be cocaine, what a surprise.

Here’s what really happened. A young black man was rightly afraid for his life when the police pulled him over for speeding. That alone is sad testament to the reality in which we live. He was also likely afraid they’d plant drugs on him because that is also a reality of the world. So, he forced the officers to follow him to a less secluded location. That pissed off the officers. They decided they wanted to punish him. They found the flimsiest of excuses to harass him. Did the bird shit actually test positive in the field kit? Who knows, field kits and drug sniffing dogs are notoriously unreliable.

This situation was simply officers abusing their authority to harass someone who did something they didn’t like. If you’re a minority living in this country, you aren’t at all surprised by this. If you’re not a minority you probably don’t even believe it happens, you’re mad at me, and will write nasty comments about how I hate police.

This is the War on Drugs. An excuse to harass citizens, steal from them, put them in prison, and be a general bully. This behavior has effectively alienated law enforcement from the communities they are trying to serve. I’ve written before how this is a tragic situation both for citizens and police so I won’t reiterate.

What does it say when police scrape bird shit off the hood of a car in order to harass people they don’t like? What does it say that we put up with drug detecting field kits that mistake bird shit for cocaine, that is if we don’t just assume the officers were lying?

Close your eyes to the travesty that is the War on Drugs and reap the consequences.

Tom Liberman

Government Bans Vaping for Teens Because it is Popular

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Vaping

The various states and municipalities across the country are quite busy enacting laws to ban vaping for people under the age of 21. The federal government has gotten involved as well, regulating it as if it was a tobacco product. These laws are largely being enacted because of the rise in popularity of vaping among teenagers.

Let’s be very clear about what municipalities, states, and the federal government are doing: vaping is popular and therefore we are making it a crime to do. We’re not yet willing to start yet another War on Drugs by banning it for adults but we must protect the poor, deluded and innocent children. It is our job as politicians to tell parents they can’t let their children vape. It is our job as politicians to tell nineteen and twenty-year old, legal adults, we know better for them then they do themselves.

Is vaping bad for you? The evidence is still out for non-tobacco products but the use of tobacco is clearly unhealthy as is the use of alcohol. The question becomes if it is acceptable for the various levels of government to decide for your children what they should and shouldn’t be doing in that regard.

As you might be able guess, in general I’m opposed to such bans from an ideological point of view. I’m for the legalization of all drugs but the question becomes a little bit stickier when we are talking about people not legally competent, children in this case. I’m clearly and unreservedly against laws preventing adults from knowingly and eagerly ingesting whatever substance they want, even if it is unhealthy.

The government does have some responsibility to protect children but that largely should be invoked when parents are abusive or irresponsible. It is largely a parent’s responsibility to ensure their child behaves in particular ways. When we involve law enforcement officers, we are making an enormous problem for ourselves, one that dwarfs the issue it is designed to prevent.

Imagine, fanciful as it might seem, a nineteen-year-old wants to vape and her or his parents have no problem with it. We are now making that person a criminal. Law enforcement must now arrest and steal from, that is to say fine, that person.

In addition, we are potentially legislating a business into bankruptcy with all its attendant casualties. We don’t like vaping and therefore we shall attempt to remove a category of consumers from being able to purchase and use the product. This has an enormous impact on the vendors, suppliers, retail outlets, transporters, and varied other players.

All laws are not bad but we must balance the freedom they take from us and the harm they do against the benefit they promise. In this case I see some benefit, it is certain less teens will vape if there is a law against such. I also see harm in the criminality that will be spawned and the black markets that will certainly arise to sell such products to teens. I absolutely oppose the idea nineteen and twenty-year-old women and men are unable to make informed decisions about their vaping habits.

I shouldn’t be telling them to vape or not to vape and neither should the government.

Tom Liberman

Human Trafficking and David Miscavige of the Church of Scientology

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David Miscavige

There is a story breaking about a woman suing the Church of Scientology and its chairman, David Miscavige for, among other things, sex trafficking. I’m convinced this lawsuit was spurred by the conviction of NVIXM founder Keith Raniere over similar charges.

I wrote a blog back in April of 2018 about why charging Raniere and his associates with a crime for their sex cult activities was a bad idea and the subsequent conviction and this lawsuit further hardens my position. Basically, if anyone, for any reason, stays somewhere where perhaps they don’t really want to stay, they are going to be able to bring charges against whatever entity convinced them to stay.

I would guess your first reaction would be this is a good thing. No one should be convinced to stay somewhere they don’t want to stay. However, I don’t think there is an organization in the country where someone hasn’t been talked into or threatened in some way in order to make them stay. It is common behavior for a church to threaten anyone who is thinking about leaving with ostracization from the religious community. Anyone who decides to stay in the church to avoid such is now a victim of human trafficking in accordance to the way those ridiculous laws were written. The church is liable and the leaders, like Miscavige, are subject to imprisonment.

It’s not just churches, it’s virtually every voluntary organization in the world. People will always have doubts about continuing to be a member of such groups and if they are told about certain consequences should they choose to leave, it can easily be construed as a threat and thus subject to these poorly imagined laws that are on the books in virtually every state in the nation.

Don’t get me wrong, if someone is physically restrained, drugged into submission, blackmailed, or otherwise coerced into staying; there should be an investigation to see if the law was broken. That being said, the way human trafficking laws are currently written, being interpreted, and enforced, I doubt there is a single one of us who hasn’t been so victimized.

Is it possible a group of mean girls from the local junior high might be thrown in prison for threatening to refuse another girl entry into some social group if she refuses to join their clique? You may laugh but that’s where we are heading and it is why we must be so careful not to legislate morality.

If someone wants to be a sex slave, or work long hours for some nonsense religious organization like that of Miscavige; that’s their business. Not yours. Not mine. Not the governments.

Tom Liberman

Why it is not a Good Idea to Prosecute Political Foes

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Prosecute Political Foes

There is a mood among Democrats to prosecute President Trump after he leaves office for activities which they deem illegal. I want to be clear, it is a terrible idea to prosecute political foes. This very activity brought about the end of the Roman Republic and it’s quite easy to understand why.

Julius Caesar was governor of Cisalpine Gaul (northern Italy), Illyricum (southeastern Europe), and Transalpine Gaul (southern France) for a term of five years. During this time, he engaged in enormous conquest and, almost certainly, illegal behavior. After his term of five years ended, he was ordered to return to Rome, ostensibly to face charges for his crimes while governor.

Without political power, Caesar was largely left with two choices. He could submit to the new government and almost certainly be imprisoned if not executed and have his money taken from him. His other option was to take dictatorial power for himself to avoid these consequences. He chose the latter. It’s difficult to blame him for doing so.

It is almost certain President Trump has committed any number of crimes while in office, he seems to think any law that thwarts his fickle mood of the moment is something to be ignored. Many of his political allies and appointments are equally cavalier with the rule of law. There is absolutely no doubt in my mind that if documents of his activities were obtained, they would show a penchant for illegal activity. A conviction is all but assured. Many of his allies would also end up in prison and lose their riches.

Naturally, they don’t want this to happen and would resort to whatever means required to prevent it from happening, as did Caesar. Their loyal supporters would likely behave with the same goals in mind.

How do we prevent this? Simply don’t prosecute political foes for their oft-illegal activities after they leave office. Let them go on about their way as much as you hate to see them “getting away” with criminal activity.

It seems to me to be unnecessary to remind supporters of Trump their own culpability in the current Democratic led prosecute political foes fervor but I suspect I must. The entire “Lock Her Up” movement and attempts to criminally prosecute Obama and Clinton allies is part and parcel of the reason Democrats are so riled up. In other words, look in the mirror, bitches.

We have a system in the United States which allows us to rid ourselves of politicians we don’t like. It’s called an election. Let’s focus on that.

Tom Liberman

The President Cannot Legally Implement Tariffs

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Tariffs

It is important to understand that the President of the United States absolutely, without question, does not have the power to implement tariffs without approval from Congress. This power is designated specifically to Congress by Article 1, Section 8 of the Constitution of the United States. Nowhere in the Constitution is the president given any power to do so alone.

I find it amazing that congress has allowed President Trump, the first president to ever unilaterally implement tariffs, to do so. They have largely done so because they either like giving the president such power or they have completely given up on the responsibilities the Constitution grants them.

In either case, President Trump is now implementing new tariffs that business leaders across the United States, like the Chamber of Commerce, and most of Congress itself oppose. They are threatening, finally, to bring the matter to the courts where it seems impossible to me that such actions will be not be struck down as illegal. Why have they waited so long? Why do they still hesitate?

This action by the president, the past actions by the president in regards to tariffs, are clearly illegal. If the president wants to implement tariffs then said president must go to Congress and get them to pass the law through the normal process or get them to grant him the ability to do so.

The precedent set by these illegal tariffs is enormously damaging. One does not have to strain the mind at all to imagine a time when a Democratic President simply bypasses a Republican Congress by acting illegally. I’m certain Republicans would be crying foul at that point but perhaps, just maybe, yesterday is when they should have been squawking.

This willingness to support illegal policies because they come from a party for whom you vote or even because you support the political ideology of the action is baffling to this Libertarian. Cannot you see what is good for the goose is good for the gander? By allowing such illegal acts you set yourself up for future retribution?

If the Constitution of the United States is to be ignored so blatantly in one part, what is to stop a president from ignoring all of it?

Tom Liberman

Twenty-One to Purchase E-Cigarettes or Tobacco Products

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E-Cigarettes

Senators Mitch McConnell and Tim Kaine are co-sponsoring a bill to increase the federally mandated age for people to purchase tobacco products and e-cigarettes to 21. It has bi-partisan support and is being done to protect the children so I expect it will pass. You’ll not be surprised to find I oppose such legislation.

I could talk about how e-cigarettes are not even a tobacco product by nature or how the federal age to purchase is already 18, the age at which we become legally adults. Instead I want to focus on the idea the federal government should have no control at all over what we voluntarily put into our bodies.

I can hear you now: but, Tom, it’s to protect the poor, innocent children. The federal government must save them from the terrible scourge of tobacco. They are too young to make a decision for themselves. They will ruin their lives if the federal government doesn’t step in to save them. You can’t be against saving children? Do you want children to die? Are you a cruel, heartless, child-murdering monster?

No, I’m a Libertarian. The Constitution of the United States grants the government certain powers and they do not have any outside those as decided by the courts. The Constitution is also quite clear about who has these rights. The Tenth Amendment to the Constitution declares explicitly that powers not delegated to it are for the States and the people to decide. Whether or not your child buys an e-cigarette or any form of tobacco is up to you to decide.

It seems so simple to me. If community wants to prevent a store from selling such products to people under 21, the local politicians can pass an ordinance to that effect. If they do so and the people are unhappy with that decision, they can make their opinions known in the next local election. If the state makes such a law then the municipality can counter it with a law allowing such merchants to sell e-cigarettes and tobacco products within the jurisdiction of their city.

There are specific limits to the Constitution of the United States and if the federal government is not granted the ability to pass a law in certain regards, then it falls to the States and to the people. It seems obvious to me that the entity closest in relation to the effect of the law should have precedent. This gives the greatest control to the people, where the framers largely wanted it.

Frankly, there should be no such law at all. If someone wants to purchase e-cigarettes or tobacco products it should be up to the local merchant if they want to sell them or not. If the people in a town don’t like it, their representatives can pass a law.

Another important thing to remember is that a ban on a particular product doesn’t generally have the effect of preventing people from purchasing it; it just creates a black market. Let’s imagine the federal law passes. Does anyone imagine there won’t instantly spring up a black market for 19 to 21-year-olds to purchase as many e-cigarettes or tobacco products as they want?

The only thing the law does is give power to the federal government over aspects of our lives they should not have. If we allow the federal government to tell a legal adult of 20 they can’t purchase an e-cigarette, and the state and local community has no right to override such a rule, then what power are we not granting it?

Tom Liberman

Tiger Woods and the Wrongful Death Suit

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Tiger Woods Lawsuit

There’s a story in the news about Tiger Woods and his involvement in the death of Nicholas Immesberger I find interesting. Woods owns a restaurant in Jupiter, Florida called The Woods Jupiter, and Immesberger worked there. He was drinking during his shift and afterwards and died when his car overturned later that night. His blood alcohol content was more than three times the legal limit when he died.

At issue is the Florida statute which holds a person liable for damages if they knowingly serve someone who is habitually addicted to alcohol. Immesberger attended Alcoholic Anonymous meetings in the past and had crashed his car previously while drunk. The people who worked with Immesberger knew of this and thus are potentially liable for the harm caused.

Woods owns the establishment and his girlfriend, who is the general manager of the bar and restaurant, drank with Immesberger a few nights before the fatal accident. Therefore, the lawsuit seeks to hold them accountable for the death even though neither of them actually served drinks to Immesberger the night of his death.

Many states have laws fairly similar to Florida in that it is illegal to serve someone who is a known alcoholic or who is obviously quite intoxicated. I personally agree doing so is not a particularly kind thing. If a person is stumbling drunk, she or he probably shouldn’t be served any more alcohol. If a person is an alcoholic, it would be somewhat of a service to refuse to provide drinks to her or him. That being said, I don’t think either action should be a matter for the state to adjudicate.

There are many problems with the law but the first and foremost from this Libertarian’s perspective is that it largely absolves the drunkard from responsibility. If a person chooses to drink to the point of intoxication and then hurts or kills someone else, or themselves, in an accident; that is completely the responsibility of said person. The statute seeks to put accountability on the server.

Another enormous issue is the law, by its very nature, is going to be applied unevenly and can easily be used by the state to persecute perceived enemies. It is quite certain people habitually addicted to alcohol are served in such establishments every minute of every day. Oftentimes it is quite well known the person has a problem. Basically, prosecutors get to choose when and if they are going to use the law.

The purpose of the law is an attempt to get people to stop serving alcoholics. A noble resolve but a clear attempt at social engineering. Good intentions are often the precursors of bad laws. Immesberger is dead because he chose to drink and drive.

If you think the lawsuit is egregious and without merit then you necessarily think the law is such. The letter of the law indicates at least the bartenders are liable if not Woods and the general manager.

I certainly think the employees of The Woods Jupiter should not have served him so much alcohol over the course of the day and evening. They should not have stood by while he drove off. That’s a moral failing, not a legal one.

Tom Liberman

Women with Small Breasts Face Discrimination in Australian Pornography

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Small Breasts

There’s an interesting story making the rounds in social media about Australian women with small breasts being banned from appearing in pornographic material which illustrates an important point about how poorly written laws attack freedom. Basically, in an attempt to eliminate child pornography, the government of Australia ruled that women who appear to be under 18 are not allowed to appear in such material. This law has largely affected women with small breasts.

The idea being that if a small breasted woman wants to appear in pornographic material there is a chance a pedophile might fantasize the woman is a young girl. There are any number of problems with this law including the idea that a woman’s breast size is somehow a predictor of her age.

Another question that arises is who makes the decision on what makes a woman appear to be under eighteen? It is clearly an arbitrary choice based not only on breast size but facial appearance and body size as a whole. It would also seem to suggest men in general that women with larger breasts are womanlier. As a fellow who loves sporty ladies, I find this rather offensive but that is beside the point.

The net result is that women with small breasts are being systematically removed from pornographic material in Australia. This is obviously unfair to women with small breasts. They are clearly being discriminated against and their professional lives taken from them by an overbearing government bent on saving us from pedophiles.

This situation is an extremely nice microcosm of the many ridiculous laws foisted off on us by a government claiming they are only doing it to protect us. I’m not opposed to all laws but ludicrous laws, selectively enforced, are a danger to all of our freedoms. Ask a minority driver in the United States who owns an older car how many times she or he has been pulled over for making a wide turn or not signaling within 100 feet of a turn. Then ask a non-minority driver in a new car the same question.

I’ve written any number of articles associated with the miscarriage of not only justice but complete lack of human decency engendered by stupid laws. There is no doubt in my mind this new ruling in Australia will do absolutely nothing to curtail the use of children in pornographic material and will do actual harm to citizens of that country who have nothing to do with such an industry.

Congratulations do-gooders of Australia, you’ve made the situation worse with a stupid law. That’s what bad laws do. Let’s try to avoid them.

Tom Liberman

Just Let Kids Like Olivia Jade Giannulli into College

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Olivia Jade

I know it won’t be a popular opinion but I think the only real way to stop the behavior associated with the college admission scandal is to simply let kids like Olivia Jade Giannulli into school in their own category. If Olivia Jade and the legion of kids like her, who have the wherewithal to not only pay for their education but eventually fund many other students through future donations, want to attend a particular college, just let them in, no questions asked.

Simply create a category separate from normal admission so they don’t take anyone else’s spot. We’ve got some wealthy kids with rich parents who want their kid at a particular institution. If the school lets them in, they pay lots of money today and much more in the future. This allows the educational institution to flourish. The downside? I suppose all the people who are getting money off the bribery, such as Mark Riddell, will have to find a new way to finance their lives but other than that, I don’t see a problem.

The issue is basically that kids like Olivia Jade have always had, and always will have, every advantage in life. They get special tutoring, the best instructors, training at elite institutions, and other perks that less wealthy kids do not. It’s reality whether we like it or not. Some of those super-wealthy kids will do great things with the advantages they are given while others will squander them but that’s their business.

I know many people will complain about the inherent unfairness of a system such as I propose. Poor and middle-class kids have to work extremely hard under disadvantageous conditions to get the same thing being given to rich kids in exchange for lots of money. I agree, it’s unfair. Welcome to life.

Rich kids, children of important people within the academic institution, excellent athletes, and others have always been given far more breaks than those without such connections. It doesn’t stop at school either. Such children get better jobs with less effort and receive more chances when they fail.

My point is there is no stopping such behavior so we might as well allow it under a stated structure. Olivia Jade is allowed into USC with all the advantages such an education entails but she doesn’t take up a spot some other kid earned.

In the end, as the expression goes, the cream rises to the top. If such rich children are allowed into school along with their poor but harder working counterparts, eventually the one who does the best job will rise the highest. Maybe Olivia Jade will find great success in life but I’d guess someone like Rose Campion will achieve more. In the end, it’s up to them. Sometimes having to work harder for something is a good thing, even if it’s unfair.

Tom Liberman

Stormy Daniels Brings down the Vice Unit in Columbus

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stormy daniels

Back in July of 2018 a woman with the stage name of Stormy Daniels was arrested for non-sexual touching in a strip club in Columbus, Ohio. I wrote an article at the time expressing my Libertarian outrage at the event and now the entire vice unit that ran the operation has been disbanded because of a series of events that sadly do not boggle the mind; frankly, it’s the sort of behavior I expect out of law enforcement agents these days, and that’s a tragic thing.

You can read about the incident with Stormy Daniels that caused the vice unit to come under scrutiny in my original blog so I won’t reiterate it here. The tragedy currently unfolding sadly reinforces my opinion of the continuing downfall of law enforcement to an agency of oppression.

Officer Andrew K. Mitchell is under indictment for any number of abuses he allegedly committed during his thirty-year career as an officer. He is accused of forcing women in custody to provide sexual services in exchange for release. Two other members of the former unit are under investigation for similar activities. The entire unit blatantly disregarded the prosecutor’s office that warned them specifically against the sort of behavior they engaged in during the arrest of Stormy Daniels.

Mitchell also apparently owns properties in which he extorted tenants for sex in exchange for a discount on their rent. In addition, he killed a woman in August 2018 in which he and a fellow officer claimed she attacked them.

This is police enforcement in the era of the War on Drugs. It’s the police versus the community rather than the police with the community. There was a time this wasn’t the case and I’m sure there are plenty of officers out there who don’t behave this way. The reality is tragic for communities and law enforcement.

The good news is that it doesn’t have to be this way. If we ended the War on Drugs, removed moronic laws from the books, and essentially allowed adults to do as they pleased within reason, the relationship between law enforcement and we the people would begin to be repaired. There is also good news in that more and more law enforcement agencies are recognizing the rift that exists and taking concrete steps to improve the situation.

Right here in my hometown of St. Louis, MO the police and local communities are engaged in a terrific program in which officers play chess with young students.

I recognize that my statements in these blogs can be misconstrued as anti-law enforcement. Nothing could be further from my intent. What I want is for law enforcement officers to be seen as a force of good in the communities they serve, not the enemy. Also, for such officers to view the citizens as people to befriend and protect, not as cash meat bags to be used and discarded.

The fact the vice squad is being dismantled is a good thing and the role Stormy Daniels had in it is to be applauded. It’s just a sad statement of fact that it took such a high-profile incident to expose the vile underbelly that has been consuming law enforcement for the last thirty plus years.

Reality often hurts but it is better to expose a painful truth than allow a lie to grow and fester.

Tom Liberman

Outlawing Fornication in Utah

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Fornication

Legislators of Utah recently repealed a law that made having sex outside of marriage a crime, fornication. Interestingly, when the United States was founded no such laws existed but eventually sixteen states added them to the books. Punishment was rarely imposed and the Supreme Court largely made them unenforceable. Still, I wanted to examine the idea behind them and the danger they represent.

It’s pretty much summed up by the words of one of the Utah legislators against the repeal. Basically, Representative Kevin Stratton says that what is legal is below what is moral, and fornication is immoral. Far below, in his own words. I would guess there are people across the country who feel this same way, I would guess largely religious people. What Stratton is saying is that it’s true we cannot legally enforce the moral codes as laid about by various religious texts, but that doesn’t mean we shouldn’t try. Thus, he voted, along with 31 other members of the Utah House, against the repeal.

This is the sort of thinking that has long held sway in both major parties. I think I know what is best for you and, when I have a majority position, I’m going to force you to do it against threat of criminal prosecution. In this case it’s certainly Republican based but I can offer examples of Democrats doing the same thing whether it be vaping or drinking sugary soda. Either way, it’s simply you telling someone else how to lead their life.

We must be cautious about how many things we make against the law or we will essentially turn our entire population in criminal. Oh, too late, we’ve already done it. There are so many traffic and drug laws I would guess that hardly a day goes by without everyone committing a crime of one nature or another. Here in my home state of Missouri, it’s illegal to use the wrong side of a crosswalk while crossing a street.

Imagine if the Supreme Court had decided it was perfectly acceptable to prosecute people for fornication. How many of you would be in jail? How many of you would have lost your freedom for having the audacity to believe you were actually free? Every time a law like this makes it onto the books, we put law enforcement officers in a position to selectively enforce their laws and that inevitably leads to inequity against whatever group is perceived to be the enemy. This is a danger to us all, because, eventually, someone who doesn’t like the way we conduct our lives is going to have the majority.

At some point a person is going to be in a position of power who doesn’t like something that you do and try to make it illegal. This is where the Constitution of the United States and its final arbiter, the Supreme Court, comes into play. They can strike down any law they believe violates the Constitution. Hooray!

We have limits expressed by the Constitution that people of both political parties really like and others that they hate. I find the Second and Fourth Amendments illustrate this nicely and I have a blog addressing that issue if you want to read it.

The point here is that Utah has, until the Governor signs the new legislation, a law that was ruled unconstitutional by the Supreme Court. It is unenforceable both legally and pragmatically. Yet, some people want it still on the books. If that doesn’t make you appreciate the Constitution, all of it, then we are not of like minds.

Tom Liberman