Category Archives: Law

Another American Hero

Just like Dr. Henry Louis Gates, the man in this video is an American Hero

In situations where most of us would have avoided exercising our constitutionally-protected rights out of fear of the persecution of an incompetent union cop, Dr Gates stood up for himself. Likewise, in situations where some would have been afraid of the Secret Service, the man in the video stood up for himself.

More important, Gates stood up for the First Amendment. This man stood up for the Second Amendment. Both stood up for the Constitution.

The difference? The Secret Service is a highly trained and professional organization. It respects the Constitution.

Sgt. Crowley, by contrast, is an ex-EMT whose other high profile failure was the death of Reggie Lewis.

The Secret Service is a top-notch organization, trained and professional, and my hat off to them.

Crowley should be indicted.

The Deluded Class Warfare of the American Right

Imagine the following:

In Managua, Nicaragua, a wealthy businessman returns from a trip to New York. This businessman is one of a small but influential population of Nicaraguan Jews. Slightly after his return, a neighbor reports citing two individuals — one apparently an American tourist, the other of unknown race — attempting to break into this Nicaraguan Jew’s home.

The police are dispatched. The lead officer forges a police report, and falsely reports that the caller cited two Jews breaking into homes in the neighborhood. The policeman also notices the Jews are wearing Jewish skullcaps, and also falsifies his report to indicate the caller reported the burglers wearing כִּפָּה, or kipas.

The Jewish businessman — well known in the neighborhood — informs the policeman there was no break-in, and asks him to leave. The policeman then illegally enters the Jew’s home, and demands identification. The businessman provides it. The policeman demands another form of identification. The policeman demands it. The businessman asks for the policeman’s numero de identification. The officer becomes angry, and orders the businessman outside. The businessman — fearful of this officer who has already broken into his home and (albeit unknown to him) would soon falsify a police report — initially refuses. The policeman changes his tone, and (falsely) explains that this could be cleared up through radio communication, which is not working in the house.

The businessman complies.

The officer arrests the businessman.

This is what happens to Jews in Nicaragua! the terrified businessman shouts to passers-bye. Fortunately, locals take pictures of the scene, preventing further falsification of the scene by the officer. The offficer’s superiors immediately apologize, and drop the charges. Outraged by this armed assault by a rogue officer on the laws & rights of Nicaraguans, the President of the Republic condemns the “stupid’ actions of the officer, while praising all those who helped defuse the situation.

In peasant towns across the countries, angry locals note that the businessman is a wealthy Jew, and thus has benefits (wealth and the Jewish community) they do not. Many left-wing commentators darkly note that granting rights to the right and Jewish means that their rights may be ignored.

Some commentators even point out that the businessman, who makes $75,000 per year (an astronomical figure by Nicarguan standards) will be consoled by his money, and so no one should mind if he is falsely arrested, now and then.

Sadly, this happened. In America.

The American Right (who are just as focused on class-warfare as the Latin Left) are making arguments identicals to these hypothetical Nicaraguan yahoos. Consider the hateful and idiotic comments made by many of Shannon Love and other loons at Chicago Boyz.

Now consider how this will effect the country.

If Nicaraguans really supported the judicial lynching of a wealthy Jew because he was wealthy, international businessman would be leary of entering the country. Similarly, businessmen from overseas need to think twice about entering the United States, if crimes against them will be excused because they are wealthy.

The American Right is more focused on persecuting their imagined enemies than economic growth or Constitutional rights.

The American Right is just as dangerous to our country as the Nicaraguan Left is to that republic in Latin America.

Right-wing extremists, such as Shannon Love and other lunatics, should be excluded from American politics in general, and the conservative movement in particular. The founder of modern conservatism, William F. Buckley, wisely coordinated a cordon sanitaire to keep deluded extremists like Ayn Rand and the John Birch Society from infesting the Republican Party.

Now that the Republican Party is in the minority, it is uniquely exposed to the dark, class-warfare, grievance-based machinations of racists, class warriors, and other enemies of our nation.

Conservatives purged our movement of the Right once before. We can do so again.

The Right’s Betrayal of Conservatism

Three controversies in recent years describe how the Right in America has betrayed conservatism.

In the first, the Terri Schiavo controversy, Rightists attacked marriage and family in their attempt to have the government to regulate medical care.

Int the second, the Kelo eminent domain controversy, Rightists attacked the power of the government to allocate resources in order to further economic growth.

In the third, the Henry Louis Gates controversy, Rightists attacked the Constitution in an effort to spread class warfare.

I don’t know when this strain of anti-conservative, anti-family, anti-growth, anti-liberty Rightism infected the conservative movement. Certainly it has perverted it. The sooner that anti-conservative, anti-family, anti-growth, anti-liberty Rightists are marginalized in American politics, the better.

Henry Louis Gates, American Hero

Wikipedia has good coverage of the arrest of Professor Henry Gates. Eddie has wise words, too.

Here are the most important events in Sgt. James Crowley’s arrest of Dr. Henry Gates:

  1. Crowley arrives at Gates’ home, after a report that two men — one probably hispanic, the other of an unknown race — were attempting to break in.
  2. Crowley rapidly observe that Gates his black
  3. Gates produces identification, indicating he lives on the premises
  4. Crowley does not leave Gates’ home when asked
  5. Gates is rude to Crowley
  6. Crowley orders Gates to leave his home
  7. Crowley arrests Gates

The Wikipedia page has a good article on contempt of cop – the abusive police practice of abridging the first amendment rights of citizens — which mentions this:

At a person’s home, by asking a citizen to “step outside” the doorway, that person can be considered as “being in public” and then could be arrested, after making defiant remarks, for “disorderly conduct” in public. [citation]

It is clear that Gates was rude to an uninvited stranger in his own home. That is his constitutional right. Gates may have been rude to an intruder in his home, but Crowley acted like an armed thug, inflicting “regrettable and unfortunate” vengence on those who did not kowtow to him. By standing up to this thug, by recognizing it is better to stand for one’s rights than avoid harm and trouble, Gates is an American hero.

Indeed, Gates’ stand for his rights against the clumsy brute may make his hometown safer for everyone. One of the most shocking parts of the story are serious allegations that Crowley is a liar at best, and was engaged in a criminal effort to ‘plant’ evidence at worst. Crowley first claimed he received a report that two black males were trying to break into a home. Thankfully, a recording of the 911 call exists, and reveals this to be untrue. Crowley then changed his story, claiming the 911 caller came to him in person and claimed she saw two black males. Thankfully, the caller was not terrorized by Crowley’s arbitrary arrest into keeping silent. She held a press conference, and told the world that this claim was also untrue.

It goes without saying that Crowley being on the streets with a badge is a pulbic danger. Innocent citiznes may be arrested because he dislikes them. Further, any criminal case he is involved in will be under a cloud of suspicion. If Crowley would manipulate evidence and frame a Harvard professor to defend an absurd disturbing the peace charge, what would he do to put away someone he thought was an actual criminal? A burgler? A rapist? A murderer?

For defending his Constitutional rights against an unreasonable assault, and then publicizing the case in a way that may save others the same pain, Professor Henry Louis Gates is an American hero.

Horizon Group Management

This statement by Horizon Realty raises serious questions regarding ethical use of the law-courts to settle disputes

“We’re a ‘sue first, ask questions later’ sort of organization,” said Jeffrey Michael of Horizon Group Management is statement regarding the matter that appears in the Chicago Sun-Times.

via Horizon Group Sues Woman Over Single Tweet on Twitter – Associated Content.

This reminds me of an earlier controversy regarding Dozier Internet Law — one almost lost to google do to extensive astroturfing.