Category Archives: Law/Justice

Press TV’s Hashemi unlikely to be released immediately: Son 2

by • Anti-Imperialism/Foreign Policy, Law/Justice, Police State/Civil Liberties • Tags: ,

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A court in the United States has confirmed the arrest of US-born Iranian Press TV news presenter Marzieh Hashemi as a material witness in an unspecified investigation.

Ms. Hashemi, 59, was arrested by the Federal Bureau of Investigation (FBI) on unspecified charges upon arrival at St. Louis Lambert International Airport in St. Louis, Missouri, on Sunday, her family and friends said.

At the request of the US Justice Department, Judge Beryl Alaine Howell, the chief district judge for the District of Columbia, issued a federal court order, approving the partial unsealing of the Press TV journalist’s case, Reuters reported.

According to the document, since her arrest, the journalist has appeared twice before a US district judge in Washington and has been appointed a lawyer.

The Associated Press said US government officials expected her to be released immediately after her testimony before a grand jury, but Ms. Hashemi’s elder son, Hossein, was pessimistic about prospects for her immediate release, saying it was not clear yet how long his mother’s testimony would last.

“We’re hoping that it would be complete and she would be out this week. It doesn’t look like that’s going to happen,” said Hossein outside the court on Friday. “So we’re just waiting to hear more.”

However, the Friday court order did not include any details regarding the criminal case in which she has been named as a material witness.

The order said that Ms. Hashemi “has not been accused of any crime,” but she has said she was handcuffed and shackled and was treated like a criminal. The journalist has also said she had her hijab forcibly removed, and was photographed without her headscarf upon arrival at the prison.

Trump: Hush payments in 2016 vote were legal Reply

by • Culture Wars/Current Controversies, Electoralism/Democratism, Law/Justice • Tags: , ,

US President Donald Trump says hush payments to women he allegedly had affairs with before the 2016 presidential election were legal. Trump said the payments were personal transactions and denied they were a violation of US campaign financing laws. Earlier, federal prosecutors in New York demanded a “substantial” jail sentence for the US president’s former lawyer Michael Cohen. Cohen pleaded guilty in August to bank fraud and campaign finance violations. Democrats say Trump himself could face impeachment and imprisonment if the transactions are proven to be campaign finance violations.

The James Fields Verdict Reply

by • Culture Wars/Current Controversies, Law/Justice

This is a really interesting discussion of the James Fields case that contains a lot of important information on how the US criminal legal system works. Anyone can learn from this discussion, irrespective of political views. Listen here.

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This is Rebel Yell – a Southern Nationalist podcast of the Alt-Right. I’m your host Musonius Rufus. Joining me are my cohosts Mencken’s Ghost and Ryan McMahon. For our 113th episode of Rebel Yell, Mencken and Fulwar speak to Augustus Invictus in a special report on the Fields verdict.

A False Open Society: A Marxist-Anarchist Critique of Political Correctness 6

by • Culture Wars/Current Controversies, Law/Justice, Police State/Civil Liberties, Political Correctness/Totalitarian Humanism

Political correctness is the ideological superstructure of the left-wing of capital, and the technology, ideas, and information industries are its substructure/materialist base.

By Keith Preston

The Myth of the Open Society

One of the pervasive myths of our time is that we live in an open society where contentious issues, and serious questions of public policy, are supposedly addressed by means of Socratic dialogue, or open discourse reflecting the principles of Voltaire, Thomas Jefferson or John Stuart Mill. For reasons that I will explain, this claim of an open society is false. I could certainly discuss multiple ways in which the open society claim is problematic. For example, I could examine many parallel difficulties such as over criminalization, overregulation, increasingly greater centralization, and ever pervasive bureaucratization. However, for the purpose of this discussion, I want to focus on ideological conformity, and the way in which ideological conformity is enforced in liberal democratic societies.

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American Civil Liberties Union, RIP Reply

by • Law/Justice, Police State/Civil Liberties, Political Correctness/Totalitarian Humanism

By David E. Berstein

Reason

In the late 1960s, the ACLU was a small but powerful liberal organization devoted to a civil libertarian agenda composed primarily of devotion to freedom of speech, free exercise of religion, and the rights of accused criminals. In the early 1970s, the ACLU’s membership rose from around 70,000 to almost 300,000. Many new members were attracted by the organization’s opposition to the Vietnam War and its high-profile battles with President Nixon, but such members were not committed to the ACLU’s broader civil libertarian agenda. However, the organization’s defense of the KKK’s right to march in Skokie, Illinois, in the late 1970s weeded out some of these fair-weather supporters and attracted some new free speech devotees. But George H. W. Bush’s criticisms of the ACLU during the 1988 presidential campaign again attracted many liberal members not especially devoted to civil liberties.

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Trump endorses bipartisan criminal-justice reform bill 2

by • Law/Justice, Police State/Civil Liberties

This legislation is a very important step forward, though not nearly as bold as it needs to be. Although undoing the police state that has been built up over the past 50 years will certainly take time and require a great deal of comprehensive reform. Not exactly the fascism Trump was supposed to bring. Apparently, a ruling class consensus is developing that the prison-industrial complex has become too much of a cost liability (even if a few Know-Nothings are still dragging their feet).

By Seung Min Kim

President Trump threw his support Wednesday behind legislation that would loosen some mandatory minimum sentencing laws — a measure backed by powerful Senate Republicans and Democrats, but which could run into opposition from some tough-on-crime conservatives.

At an afternoon event at the White House, Trump officially endorsed the First Step Act, which he said included “reasonable sentencing reforms while keeping dangerous and violent criminals off our streets.” He urged lawmakers to send him a bill, saying: “I’ll be waiting with a pen.”

“Today’s announcement shows that true bipartisanship is possible,” Trump said. “This is a big breakthrough for a lot of people. . . . They’ve been talking about this for many, many years.”

The compromise criminal justice measure, which was hammered out in principle over the summer by a bipartisan group of senators, adds four provisions to a House-passed bill that focused on reducing prisoner recidivism.

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New York City Raids Condo Building in Crackdown on Airbnb Rentals 2

by • Anarchism/Anti-State, Economics/Class Relations, Law/Justice, Police State/Civil Liberties, Uncategorized

I invite any system-lovers who may be reading to explain exactly how it is that we don’t live in a police state.

By Josh Barnabel

Wall Street

A team of New York City law-enforcement officers swarmed a Manhattan condominium last month, issuing 27 notices of violations for illegal hotel use in one of the largest crackdowns on short-term rentals such as those listed on Airbnb.

The raid at the Atelier, a 46-story Midtown luxury tower, may be a sign of what’s to come. New York and other cities are seeking to limit short-term rentals that can run afoul of local laws designed to limit hotel-style stays in residential buildings.

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Larry Krasner’s Campaign to End Mass Incarceration Reply

by • Activism, Culture Wars/Current Controversies, Electoralism/Democratism, Law/Justice, Police State/Civil Liberties, Strategy

I’m inclined to say “I’ll believe it when I see it” but is this a case of the system actually working?

By Jennifer Gonnerman

The New Yorker

Krasner asked his young prosecutors, “Who here has read Michelle Alexander?”

Photograph by Jeff Brown for The New Yorker

Until Larry Krasner entered the race for District Attorney of Philadelphia last year, he had never prosecuted a case. He began his career as a public defender, and spent three decades as a defense attorney. In the legal world, there is an image, however cartoonish, of prosecutors as conservative and unsparing, and of defense attorneys as righteous and perpetually outraged. Krasner, who had a long ponytail until he was forty, seemed to fit the mold. As he and his colleagues engaged in daily combat with the D.A.’s office, they routinely complained about prosecutors who, they believed, withheld evidence that they were legally required to give to the defense; about police who lied under oath on the witness stand; and about the D.A. Lynne Abraham, a Democrat whose successful prosecutions, over nearly twenty years, sent more people to death row than those of any other D.A. in modern Philadelphia history.

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Invasive Laws Create Anarchy and Tyranny at the Same Time Reply

by • Anarchism/Anti-State, Law/Justice, Police State/Civil Liberties, Political Correctness/Totalitarian Humanism

The late American paleoconservative columnist Samuel T. Francis on the phenomenon of “anarcho-tyranny”, a useful term for describing much of the systematic legalist bullshit plaguing the West today, particularly the U.K. and mainland Europe.

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~MRDA~

By Samuel Francis

If, as Bill Clinton tells us, the “era of Big Government is over,” somebody needs to tell the state of Maryland (not to mention Bill Clinton). Earlier this month the Maryland legislature had itself a small orgy of swelling the powers of the state government, and apparently it helped give Mr. Clinton some ideas of his own (orgies seem to have that effect on him).

Just before the end of this year’s legislative session, the Maryland lawmakers passed several new laws that (a) allow policemen to stop drivers for not wearing seat belts, (b) authorize hidden cameras at red lights to take secret photographs of the license plates of cars that run the lights, (c) ban loud car stereos on state roads, (d) forbid minors from buying butane lighters because they might inhale the gas, and (e) require drivers whose windshield wipers are running to keep their headlights on. The lawmakers seem to have missed outlawing cooking breakfast in your underwear, but of course there’s always another session next year.

The citizens of Maryland will no doubt be thrilled to learn that law enforcement in their state has now so mastered violent crime that the cops have little else to do but round up non-seat-belt wearers and butane-sniffers. As a matter of fact, Maryland’s Prince George’s County has just announced that rapes and homicides increased in the first three months of 1997. Nevertheless, you can be certain that no one will be raped or murdered without wearing a seat belt.

The new Maryland laws are rather perfect instances of what I have previously called “anarcho-tyranny” – a form of government that seems to be unknown in history until recently.  Anarcho-tyranny is a combination of the worst features of anarchy and tyranny at the same time.

Under anarchy, crime is permitted and criminals are not apprehended or punished. Under tyranny, innocent citizens are punished. Most societies in the past have succumbed to either one or the other, but never as far as I know to both at once.

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No Doubt About It: The Deep State Is Real and Trump Is Its Latest Tool Reply

by • Anti-Imperialism/Foreign Policy, Law/Justice, Military, Police State/Civil Liberties

These are the things our anarchist and libertarian friends ought to focused on.

By John Whitehead

Rutherford Institute

“Behind the ostensible government sits enthroned an invisible government, owing no allegiance and acknowledging no responsibility to the people.” ― Theodore Roosevelt

There are those who would have you believe that President Trump is an unwitting victim of the Deep State.

And then there are those who insist that the Deep State is a figment of a conspiratorial mind.

Don’t believe it.

The Deep State—a.k.a. the police state, a.k.a. the military industrial complex, a.k.a. the surveillance state complex—does indeed exist and Trump, far from being its sworn enemy, is its latest tool.

When in doubt, follow the money trail.

It always points the way.

Every successive president starting with Franklin D. Roosevelt has been bought—lock, stock and barrel—and made to dance to the tune of the Deep State.

Even Dwight D. Eisenhower, the retired five-star Army general-turned-president who warned against the disastrous rise of misplaced power by the military industrial complex was complicit in contributing to the build-up of the military’s role in dictating national and international policy.

Enter Donald Trump, the candidate who swore to drain the swamp in Washington DC.

Instead of putting an end to the corruption, however, Trump has paved the way for lobbyists, corporations, the military industrial complex, and the rest of the Deep State (also referred to as “The 7th Floor Group”) to feast on the carcass of the dying American republic.

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Where the Right Went Wrong on Criminal Justice 1

by • Law/Justice, Uncategorized

This is a decent enough article as far as it goes, but it fails to address the real elephant in the room, i.e. that mass incarceration results from too many laws and the overly broad definition of “crime.”

By Arthur Rizer and Lar Trautman

The American Conservative

Shutterstock/Sakhorn

Editor’s Note: This is the first in a collaborative series with the R Street Institute exploring conservative approaches to criminal justice reform.

Conservatism is not a monolith. There is no one way to be a conservative, think like a conservative, or define the conservative outlook. But there are certain bedrock principles of those on the Right: limited government, economic responsibility, and a belief that our Founding Fathers laid out sacrosanct rights in our Constitution. A firm belief in the importance of family, morality, and, for some, faith has generally guided the application of these principles. While no party can represent the whole of conservatism, the Republican Party’s role as the dominant right-of-center force in modern American politics makes it a good place to take ideological temperatures on the Right.

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‘Enforcing the Law’ Doesn’t Justify Separating Migrant Children from their Parents 9

by • Culture Wars/Current Controversies, Immigration, Law/Justice, Police State/Civil Liberties

By Ilya Somin

Reason

The Trump administration recently adopted a “zero tolerance” policy under which undocumented immigrants apprehended by federal officials are forcibly separated from their children. In April and May alone, almost 2000 children were torn from their parents and detained separately, often under cruel conditions likely to cause trauma and inflict longterm developmental damage. Attorney General Jeff Sessions claims that separation of families is justified by the need to enforce the law, and even asserts that the administration’s policy is supported by the Bible. I will leave the Biblical issues to theologians and cardinals, who have addressed them far better than I could. But Sessions’ secular argument is no better than his religious one. There is no law requiring family separation at the border. And even if there was, that still would not be enough to justify the administration’s cruel policy.

The federal law criminalizing “improper entry” by aliens does not require family separation. The law also provides for the use of civil penalties, as well as criminal ones. While it states that the application of civil penalties does not preclude application of criminal ones, it also does not compel federal prosecutors to pursue both. Until the administration’s recent policy change, civil proceedings were in fact the usual approach in case of families with minor children, under both Democratic and Republican administrations. The use of civil proceedings generally does not require pretrial detention, and therefore obviates the need to detain either parents or children; some civil defendants were detained, nonetheless, but in facilities where families can stay together. The Trump administration, by contrast, has sometimes even forcibly separated children from migrants who have not violated any law, but instead have legally crossed the border to petition for asylum in the United States.

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National Prison Rate Continues to Decline Amid Sentencing, Re-Entry Reforms 2

by • Law/Justice

It is interesting to consider that both liberals and conservatives are constantly claiming that society is going completely down the tubes, with liberals insisting this is due to the availability of guns or the proliferation of hate crimes and public shootings, and conservatives insisting the problem is family breakdown and lack of morals. In reality, crime rates have been declining for decades.

By Adam Gelb and Jacob Denny

Pew Research Center

After peaking in 2008, the nation’s imprisonment rate fell 11 percent over eight years, reaching its lowest level since 1997, according to an analysis of new federal statistics by The Pew Charitable Trusts. The decline from 2015-16 was 2 percent, much of which was due to a drop in the number of federal prisoners. The rate at which black adults are imprisoned fell 4 percent from 2015-16 and has declined 29 percent over the past decade. The ongoing decrease in imprisonment has occurred alongside long-term reductions in crime. Since 2008, the combined national violent and property crime rate dropped 23 percent, Pew’s analysis shows.

Also since that 2008 peak, 36 states reduced their imprisonment rates, including declines of 15 percent or more in 20 states from diverse regions of the country, such as Alaska, Mississippi, South Carolina, and Connecticut. During the same period, almost every state recorded a decrease in crime with no apparent correlation to imprisonment.

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FOSTA and the Federal Seizure of Backpage.com Reply

by • Culture Wars/Current Controversies, Law/Justice, Police State/Civil Liberties, Sexuality and the State • Tags: ,

The state always needs a moral panic to justify the expansion of its own power. Gay rights are now mainstream, marijuana legalization is moving rapidly, sanctuary cities are resisting immigration enforcement, skepticism of the drug war is growing, support for criminal justice reform is expanding, and protests against police brutality are now common. In other words, the state is losing many of its tools for self-expansion. This is one reason why political correctness is increasingly becoming incorporated into the state’s ideological framework, and why we are likely to see “traditional” cultural groups (i.e. gun owners, religious traditionalists, conservative whites, etc). becoming increasingly under attack in the future.  However, the Red Tribe continues to be a major player in US politics, and currently controls all three branches of the federal government, plus a majority of state governments, even if the Red Tribe is losing ground and does not reflect majority opinion per se. Therefore, the state needs yet another target. Just in the nick of time, here comes hysteria over sex trafficking. Sex trafficking hysteria is becoming the new war on drugs, with the predictable bipartisan enthusiasm in the mainstream, and acquiescence on the part of much of the Left, as there was with the war on drugs. In the future, there will be a sex workers rights movement similar to the gay rights and marijuana legalization movements.

Elizabeth Nolan Brown

Cato Institute

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Fentanyl, Mandatory Minimums and the Death Penalty: Trump’s War on Drugs Reply

by • Culture Wars/Current Controversies, Law/Justice, Police State/Civil Liberties, Therapeutic State

This would seem to go against the general trend toward marijuana legalization, skepticism of the “war on drugs” and support for “criminal justice reform” generally. It’s also interesting how after 50 years of the “war on drugs,” there are now more drugs, more powerful drugs, and more drug overdoses than ever before. In the future, the Trump era will probably be regarded as Reagan-era “conservatism”‘s last stand.

By Matt Laslo

Rolling Stone

Don’t let all the chaos and scandals of the Trump administration distract you from one of their most stunning successes: They’ve utterly changed the conversation in Washington when it comes to drug crimes. While a few prominent voices on Capitol Hill continue to call for doing away with mandatory minimum prison sentences, there’s a new bill being pushed by top Trump allies inside the Capitol to actually extend mandatory minimums to more fentanyl dealers and to eventually even apply the death penalty in some cases.

“It’s not just that it’s so potent, but it’s also that it’s so concentrated. So, it poses a unique risk in the way that other drugs do not,” Senator Tom Cotton (R-AR) told reporters when he unveiled his bill at the Capitol.

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“Just as every cop is a criminal and all the sinners, saints” Reply

by • Law/Justice, Uncategorized • Tags:

This Larry Krasner guy sounds too good to be true. But if he’s for real, I suppose it would be an illustration of the possibility of “reform within the system.” The idea that virtually any jurisdiction in the United States comes even remotely close to being “soft on crime” is nonsense. The USA has the distinction of being a First World nation with a Third World “criminal justice system” (a misnomer), and that’s being charitable. The legal systems of plenty of underdeveloped countries are no worse than those of the USA.

By Larry Platt

The Philadelphia Citizen

Make no mistake about it: We’re ground zero in a revolution, an epochal moment that asks—without necessarily answering—big questions: What is crime? What is punishment? What makes up our social contract? Throughout the country, funded by billionaire George Soros, a new breed of District Attorney has been taking the reins of power; when former public defender Mark Gonzalez, who has the words “Not Guilty” tattooed across his chest, was elected District Attorney in 2016 in Nueces County, Texas, it was a harbinger of sweeping change. The lines in our adversarial justice system were blurring. You could see it in our D.A. race last year, when ultimate victor Larry Krasner swung the debate leftward and suddenly those running to be our chief law enforcement officer sounded like they were seeking to become our Public Defender In Chief.

Now that Krasner, a lifelong defense and civil rights attorney who sued the Philadelphia police force some 75 times, is three months into his rocky tenure, it’s become clear that the revolution is upon us and that Krasner has become its poster boy. I’ve spent a good part of the last few weeks talking to former and current prosecutors, as well as police and victims. And let me tell you: They’re freaking out. They see Krasner as an existential threat; he’d say he is a threat—to the status quo of an unjust system. They counter that he’s ultimately a threat to safety on our streets.

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Sex ads website Backpage shut down by U.S. authorities Reply

by • Culture Wars/Current Controversies, Law/Justice, Police State/Civil Liberties, Sexuality and the State, Uncategorized • Tags:

It is interesting how the state always seeks to capitalize on whatever moral panics are going on at the present time. The biggest moral panics at present are arguably illegal immigration (for the Red Tribe), guns (for the Blue Tribe), opioids and “sex trafficking” (for both tribes). Immigrants are generally included under the umbrella of the Blue Tribe, and gun owners under the umbrella of the Red Tribe, and therefore have certain shields available. But drug users (except pot heads) and sex workers are not included in either tribe and therefore among the most easy targets for the state.

By Sarah N. Lynch, Lisa Lambert

Reuters

WASHINGTON (Reuters) – U.S. law enforcement agencies have seized the sex marketplace website Backpage.com as part of an enforcement action by the Federal Bureau of Investigation, according to a posting on the Backpage website on Friday.

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‘I have no thought of escaping’: inside the Brazilian prisons with no guards Reply

by • Law/Justice, Uncategorized

A self-managed, libertarian penal system? That sounds like something right out of the ARV-ATS program.

By Jo Griffin

In a country where jails are seen as ticking timebombs, a system of self-rule among inmates has proved a striking success

Renato Da Silva Junior was convicted of homicide five years ago, but now spends all his time studying and working to reduce his 20-year sentence

Renato Da Silva Junior was convicted of homicide five years ago, but now spends all his time studying and working to reduce his 20-year sentence. Photograph: Gustavo Oliveira

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