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Let’s make an immunity deal

The New Neo Posted on September 23, 2016 by neoSeptember 23, 2016

Like candy?:

Hillary Clinton’s former chief of staff Cheryl Mills and two other staffers were granted immunity as part of the now-closed FBI probe into the former secretary of state’s email practices, according to a top House Republican who questioned whether the numerous deals hindered the bureau’s ability to build a case.

“This is beyond explanation,” House oversight committee Chairman Jason Chaffetz, R-Utah, said in a statement Friday. “The FBI was handing out immunity agreements like candy. I’ve lost confidence in this investigation and I question the genuine effort in which it was carried out.”

The arrangements detailed by Chaffetz bring the total number of publicly known immunity deals in the Clinton case to five.

Chaffetz first revealed the additional deals in an interview with The Associated Press, saying “no wonder they couldn’t prosecute a case.” He said Mills gave federal investigators access to her laptop on the condition that findings couldn’t be used against her.

“Immunity deals should not be a requirement for cooperating with the FBI,” Chaffetz

I have no idea whether this is an unusual amount of immunity for a similar investigation. The article goes on to say that some of the deals were for limited immunity, so that has to be factored in, as well.

Posted in Hillary Clinton, Law | 9 Replies

Tulsa Country DA charges Officer Betty Shelby with manslaughter in the first degree

The New Neo Posted on September 22, 2016 by neoSeptember 22, 2016

That was quick.

And not really surprising, from what I’ve seen and read so far. More facts will no doubt be coming out as the case proceeds.

I plan to write more tomorrow on the topic.

In a different but related matter, I recommend this post by Andrew Branca, the go-to guy on the law of self-defense. He deals with the legal issues surrounding a question that’s come up recently: “Is it lawful self-defense to ‘run down’ rioters surrounding your vehicle?”

Posted in Law, Violence | 30 Replies

More Publius, more Flight 93 Election

The New Neo Posted on September 22, 2016 by neoSeptember 22, 2016

My post a couple of days ago on the Publius Flight 93 Election essay drew a hefty amount of discussion, and quite a few people have suggested that I look at a further offering of his: this interview with the writer on essentially the same subject. So now I’m going to tackle it.

My opinion? No, it’s not better than the original essay.

Publius is not a stupid person. On the contrary, he (or she? let’s go with “he”) is very smart, and uses that intelligence to weave a web of argument that just doesn’t make sense to me when I reflect on it. I remain puzzled not only as to why so many people I respect find him persuasive, but also in particular why they think that such reasoning might persuade me. It’s mostly very familiar stuff, the same sort of thing we’ve been hearing about Trump for over a year, trotting out the same old strawmen, the same old assumptions and generalities, and the same omissions.

In the interview, Publius says some very generalized things about “conservatives,” such as this:

We just lived through a summer in which police were targeted simply for being police officers””risking death to protect low income, primarily non-white lives. It wasn’t Trump supporters who were doing that or egging it on. But the Left and its propaganda arm instantaneously disavow any connection between that kind of fringe violence and official leftism or Democratic politics and that norm is enforced….

“The ‘conservatives’ have at least two motives for band-wagoning with this nonsense. One is that they simply don’t understand higher principle anymore, because their whole mindset is unconsciously leftist, so they believe that everything the Left calls “racist” is in fact racist. Oppose more immigration? Racist! Don’t believe the police systematically try to kill blacks? Racist!”

The other is simple cowardice. Conservatives are terrified of being called racist. I don’t know if this is bad conscience or what””maybe at heart they really believe it? Maybe living in all-white neighborhoods perhaps makes them feel guilty. But being called out for it scares them above all so they are always desperate to make public declarations of their purity as non-racists. They think they will get credit from the Left, which of course they never do, but that never stops them from trying.

I had to read that passage several times to even try to comprehend who and what Publius is talking about in it. What conservatives are “band-wagoning” with what “nonsense”? I missed the news of all the conservatives jumping on the Black Lives Matter bandwagon in order to not be called racists. I missed the conservative non-Trump supporters who were “egging on” the police killers or making excuses for them.

Nor does Publius see fit to help us out by naming those conservatives or offering something as concrete as a quote from them. Now, it’s certainly possible that some very moderate GOPe/RINO type said something or other that was a bit hedgy about it; I don’t pretend to have scoured the comments of every single member of the Republican party on the subject (which of course is not the same as conservatives, who seem to be Publius’ target). I can’t escape the notion that Publius has a bee in his bonnet about a couple of pundits and is generalizing to a huge huge group he wants to discredit, and thinks he can get away with it by being vague about it.

Apparently he is correct about that; he’s not only gotten away with it, he’s been highly praised for it and widely read.

As for Publius’ statements about conservatives’ cowardly “terror” at being called racists: that isn’t necessarily cowardice nor are they terrified. If a person is called a racist and knows that he/she is not, why not say one is not, and why? No one in America wants to seem racist or be called racist if that person knows that he/she is not. Hey, actually, even Donald Trump has gone to some pains to deflect the charge of racism. Is he, too, “terrified” about it and a coward?:

“Well, I am not a racist, in fact, I am the least racist person that you’ve ever encountered. I’ll give you an example. It’s funny, I just got this, it was just sent to me by Don King. Now, Don knows more about race than anybody. He owns this newspaper, you know ”” Don’s made a lot of money. He just sent this to me, look at this.”

He handed me a copy of the latest edition of the Call & Post, a black weekly based in Cleveland that King owns. On the back of the paper was a full-page announcement endorsing Trump for president and Bernie Sanders for vice president.

“Isn’t that funny?” Trump continued. “You know, Don endorsed me. You wanna take that back with you? You know, this could be a story…

If it’s a story, it’s a story Publius seemed to miss. He misses it because it suits his argument to miss it, and then he invents another story: that conservatives sympathize with Black Lives Matter and cop killings because they are cowards who are afraid of being called racists, unlike the unafraid Trump.

Publius also claims that “[Trump] wants to assert the right of the sovereign American people to control their government, which is the core constitutional principle… I think the idea that Trump wants to be a tyrant is preposterous.”

I submit that if he thinks that it’s preposterous to disagree with him on that, then he hasn’t been paying attention either to history or to Trump. Of course, Trump may not want to be a tyrant, and it definitely is possible that Trump really does want the American people to control their government. But the idea that Trump wants to be a tyrant (or at least somewhat of a tyrant in terms of executive action and the balance of powers, or to ride roughshod over certain rights such as free speech), and that Trump’s wanting the people to control government is a mere rhetorical device of Trump’s in order for him to gain power, is not the least bit “preposterous.” In fact, I’ve written several posts giving evidence that Trump is quite interested in being a tyrant, such as this and this. Whether you agree with the idea or not, there’s nothing “preposterous” about the notion or having the discussion.

Then Publius makes a statement with which we’re very very familiar—the old “Trump’s the only one who…” argument:

…Trump did something no one else has done in a long time. He broke through the taboo on talking about immigration, trade and economic policy in ways not reflective of Davos-class, administrative state ideology…

All the other “conservatives” who’ve run in the past 20 years either opposed Trump’s take on those questions or ran from them or ignored them.

No, Trump did not break through a taboo on talking tough on immigration. I’ve written several posts about that, the earliest being in October of 2015. No one has talked quite as tough as Trump, it’s true (although it’s a matter of slight degree if you compare him to Cruz, and mostly a matter of tone)—but funny thing, Trump has retreated from just about all the toughest of his initial statements. And who can forgot (of course, Publius has) Trump’s post-2012-election statements about Romney’s “mean-spirited” stance on immigration?:

“Republicans didn’t have anything going for them with respect to Latinos and with respect to Asians,” the billionaire developer says.

“The Democrats didn’t have a policy for dealing with illegal immigrants, but what they did have going for them is they weren’t mean-spirited about it,” Trump says. “They didn’t know what the policy was, but what they were is they were kind.”

Romney’s solution of “self deportation” for illegal aliens made no sense and suggested that Republicans do not care about Hispanics in general, Trump says.

“He had a crazy policy of self deportation which was maniacal,” Trump says. “It sounded as bad as it was, and he lost all of the Latino vote,” Trump notes. “He lost the Asian vote. He lost everybody who is inspired to come into this country.”

The GOP has to develop a comprehensive policy “to take care of this incredible problem that we have with respect to immigration, with respect to people wanting to be wonderful productive citizens of this country,” Trump says.

Moving right along, nothing PC to see there.

Ah, but Trump’s changed, don’t you see?

Then there’s Publius on Trump’s character issues:

I’ve read troubling things about Trump’s character so I don’t dismiss those concerns. But character isn’t everything. Aside from smoking a lot of pot, Obama’s character seems sterling. He’s a good family man, was a good student, has had a good career (in the narrow sense), does not appear to be corrupt in any way, and so on. But he is an ideological disaster for America.

He’s read troubling things about Trump’s character? He hasn’t observed them himself? Is he too busy trashing his phantom “conservatives” to notice? And then there’s more:

If I thought Trump were an Aaron Burr, I would feel differently. But I don’t. He’s a showboat and a ladies’ man and I gather he has done some shady things in business. But I don’t think he wants to use the presidency for his own ends, beyond self-aggrandizement, which I noted above, can correlate with the common good. Bottom line, if he builds a wall, gets serious about trade and economics, stops the bleeding overseas, and takes on the administrative state, then I can overlook his sins. I would rather have a sinless president, sure. But I wonder if a sinless man could win in these times. Plus, all the sinless men””such as Jeb””are horrible on the issues that really matter.

There are so many errors there and so much wrong there it’s almost overwhelming, and that’s just one paragraph (his entire interview is shot through with things like this). Publius minimizes Trump’s character flaws, lists only his least important ones and acts as though they’re what’s being criticized (no, we’re not against him because he’s a ladies’ man), ignores evidence that Trump might indeed have impulses towards tyranny or at least executive power squared, and advances the irrelevant argument that self-aggrandizement can correlate with the common good (so what? It so often doesn’t).

And then there’s Publius’ statement that “if [Trump] builds a wall, stops the bleeding overseas. etc. etc.” all will be forgiven. Those are some mighty big “ifs,” and they leave out an awful lot, such as the fact that many of those who oppose Trump doubt that he’ll actually do any of that, and think it more likely that he’ll do things that are worse in certain fields—particularly in foreign relations.

Also, what “bleeding” overseas is Publius talking about? He sounds like a leftist himself at this point (or a Buchanan-esque paleoconservative, which is actually what I think he is). ISIS? Afghanistan? What magical powers does he think Trump has? How will Trump do this?

And then Publius introduces the familiar straw man of a “sinless president” vs. Trump (some people prefer a “perfect candidate” as the Trump foil, but it’s the same idea and the same sophistry). Publius acts as though pointing out the deep and myriad and really quite potentially dangerous character flaws of Trump is the same as a request for a “sinless” president, which no one has made.

There’s a lot more in that Publius interview with which I disagree, but I think this essay is already long enough. I’ll just mention that one of those other things is Publius’ general insistence on ignoring the mutability of virtually all of Trump’s statements and positions, and picking and choosing among them, taking seriously only the ones Publius prefers. Publius seems to be one of the many many people who invent the Trump they want Trump to be rather than the Trump that is (a criticism Publius blithely and characteristically dismisses in the interview as “silly”).

I well understand the impulse to believe the best of Trump, since I’m a person who may end up reluctantly voting for him. I can assure you that if Trump wins the election, I will be very happy that Hillary Clinton has not, and I will sincerely hope the Trump that shows up to be president is the Trump I would want him to be, or at least a lot better than the Trump I believe him to be. But if I do vote for Trump, nothing Publius has said or written has done a thing to convince me to do so.

Posted in Election 2016, Trump | 91 Replies

Trump pulls ahead

The New Neo Posted on September 22, 2016 by neoSeptember 22, 2016

At least, in this Rasmussen poll.

What’s more, he seems to be gaining in certain key states. However, he has quite an electoral mountain to climb before he can said to have a good chance of winning.

Ever since midsummer, I’ve believed (and written here) that I think Trump’s chances have risen, and that lately I’d give him 1 in 3 odds. I think that is still true, although if this continues it may rise to 2 in 5 or perhaps even more.

I think there are two reasons Trump has been gaining. One has to do with Trump: he’s been acting more “presidential” (or perhaps it’s better to say less profoundly unpresidential—that is, less of a loose cannon). The second has to do with Clinton, who has had a series of bad days, including her health crisis.

Interesting times, interesting times.

Posted in Election 2016 | 26 Replies

The Dead Sea…

The New Neo Posted on September 22, 2016 by neoSeptember 22, 2016

…is dying.

Posted in Uncategorized | 5 Replies

Protests/riots in Charlotte

The New Neo Posted on September 22, 2016 by neoSeptember 22, 2016

One person killed during riots.

Powerline offers this bio of the black police officer who shot Lamont, the act that has sparked the protests.

Posted in Law, Race and racism | 11 Replies

The British shoe wars

The New Neo Posted on September 21, 2016 by neoSeptember 21, 2016

It’s come to this:

Can women in power truly command respect if they are wearing high heels? Not according to a group of trade union leaders in the U.K., who are calling upon British Prime Minister Theresa May to ditch her signature kitten heels for flats so she can “set an example” by wearing “sensible shoes.”

The call for flats came out of a conference of the Trades Union Congress (TUC), which represents union workers to the government, being held in Brighton, England. The conference is backing a new law that would ban policies that force women to wear heels in the workplace ”” a reaction to a much publicized incident in May, in which 27-year-old London receptionist Nicola Thorp was sent home for not wearing high heels at the office.

The TUC leaders are calling for May’s support on the effort, and for her to take a symbolic step ”” down and out of her much-talked-about kitten heels.

Requiring high heels seems wrong, unless the job is something on the order of Playboy bunny. But asking May to ditch these snazzy items is also wrong, wrong, wrong:

mayheels

And women can certainly wield power and command respect while sporting high heels. Case in point:

thatchershoes

Posted in Fashion and beauty, Politics | 18 Replies

It occurs to me…

The New Neo Posted on September 21, 2016 by neoSeptember 21, 2016

…that even though I absolutely hate, hate, hate this election, it is probably the most interesting one in my lifetime.

And next week’s debate holds the promise (threat?) of being particularly “interesting,” too.

Posted in Election 2016 | 20 Replies

Passengers who land the plane

The New Neo Posted on September 21, 2016 by neoSeptember 21, 2016

A recent YouTube distraction of mine has been to watch videos about situations in which airplane passengers in small private planes were faced with the frightening necessity of landing the aircraft when the pilot of the planes suddenly died.

Pretty amazing. In both cases, the passengers (and pilots) were elderly; the passengers had some familiarity with flying (mostly observing it as passengers sitting next to the pilot), but they either never had a lesson or had had just a few lessons many years ago. These folks are made of very sturdy stuff.

First we have the story of a 77-year-old Brit named John Wiley, whose friend had taken him up in a Cessna for an excursion:

Next (and this is just an audio) there is Helen Collins, an 80-year-old woman whose husband died while piloting a Cessna in which they both were riding:

And here’s a bit of video of Helen Collins’ landing:

Posted in People of interest | 11 Replies

My post at Legal Insurrection on the Crutcher case

The New Neo Posted on September 21, 2016 by neoSeptember 21, 2016

I have a post up at Legal Insurrection that is a comprehensive look at what we know about the Terence Crutcher case so far (or at least, what we knew last night, when I did the bulk of the research and writing for it).

It has a very different focus than the posts I wrote on the case here at my own blog. The Legal Insurrection post focuses more on the law of the thing. Please take a look.

Posted in Law, Race and racism, Violence | 28 Replies

UPDATES on the Crutcher shooting

The New Neo Posted on September 20, 2016 by neoSeptember 21, 2016

[Scroll down for more updates.]

More information on the Crutcher case is coming out, and the situation may be even worse than what I had discussed earlier today. The claim now is that Crutcher wasn’t even reaching into his car when he was killed, which was an important part of Shelby’s justification for firing. This new information is coming from the Crutcher family attorney, but it is supposedly based on the video evidence.

There is a video at the link which shows the shooting from two angles, plus Crutcher’s walk to the car that led up to it. I say “shows,” but it’s actually very hard to see what is happening, in part because there are so many police officers around him. But from what I can see (albeit incomplete), this does appear as though it might be a case of overkill (literally). Crutcher is walking slowly with his hands up, and seemingly cooperative. There is no visible struggle. The shooting happens so quickly that I don’t even think the other police officers were aware of what had happened. Then you hear the voice of a female officer (I assume it was Shelby, who had fired the shots?) yelling “Shots fired!” in a very agitated voice.

Here’s a part of the article that leapt out at me; note that it is Shelby’s attorney speaking here, so you can imagine this is the narration most favorable to her [emphasis mine]:

Shelby was en route to a domestic violence call when she encountered Crutcher, who she thought might be impaired, and then the SUV in the middle of the road, Wood said.

She asked Crutcher whether the car belonged to him but got no response, the attorney said. Crutcher began walking toward her with his hands in his pockets. She politely asked Crutcher to take his hands out of his pocket while they were speaking, Wood said.

“He does comply and puts his hands out of his pocket, and then puts his hands up in the air, which she thought was a little bit strange under the circumstances,” he said.

Really? Did it ever occur to her that with all the recent violence he might have been wanting to show her he was completely harmless and cooperative? Is Shelby the Goldilocks of police officers: hands in pockets is not enough, hands in the air is too much, hands dangling by the sides is just right?

Shelby thought—and for all I know, she may have been correct about this part—that Crutcher was either intoxicated or on some sort of drug. But, so what? Do we now seek to arrest people who are not being belligerent (at least, it has not been alleged that he was belligerent), just because they might be under the influence in some way? Do we kill them if they make sudden moves?:

“How could [Crutcher] be reaching into the car if the window is up and there’s blood on the glass?” Crump [one of the Crutcher family’s attorneys] asked, pointing to the photo on the easel. “The window is up. There’s a streak of blood on the window. It’s coming down the car door.”

Attorney Damario Solomon-Simmons contested Shelby’s attorney’s account, saying Crutcher was complying and made no sudden movements until he was hit with the Taser.

As for the allegations that Crutcher may have been intoxicated, Crump said it’s irrelevant. He pointed out that just Monday an alleged terrorist accused of placing bombs in New York and New Jersey and opening fire on police was taken into custody alive, yet Shelby felt she had to exact deadly force on Crutcher.

“If we started to condemn everybody to death who might have some drugs in their system, all our neighborhoods would be affected,” he said.

I can’t say I find a whole lot of disagreement with that. Let me add, however, that one of the New Jersey police officers who apprehended Rahami after a gunfight with him (an actual gunfight; not an imagined one) was shot in the chest, but was protected from harm by body armor. That gunfight with Rahami was not without risk, to say the least. But unfortunately, police officers must accept a certain amount of risk that goes with the territory. They cannot be shooting just because they are jittery or frightened; if so, they lack the temperament to be a police officer, which may be the case for Shelby.

One more quote, this time from Shelby’s lawyer:

…[Crutcher’s] left hand goes into the window,” at which point one officer deployed his Taser and Shelby fired her service weapon. Shelby had a Taser but did not take it out, the attorney said.

[Shelby’s attorney] told CNN in a follow-up interview that his client had her gun out because she was the only officer there for a few minutes and she thought Crutcher was armed. The second officer had a Taser because the “proper tactic … in that scenario is for second person … to have less lethal (weapon),” said Wood, a former police officer.

If the window was actually closed—as the Crutchers’ attorney says it was (with a photo to prove it, supposedly)—then how could Crutcher’s hand “go into” the window? Did Shelby not know the window was closed? In addition, is it standard operating police procedure for an officer to draw a weapon every time the officer “thinks” a person might be armed, even with no aggression from that person and no actual hint of a weapon? And why did Shelby think Crutcher was armed? I’ve seen nothing in any of the reports I’ve read that indicates a good reason (or even any reason at all) that she might think that. Is it because initially he had his hands in his pockets, even though he had removed them when asked? Is hands in pockets a capital offense?

[ADDENDUM: By the way, a lot of discussion of the Crutcher shooting mentions that “police” or “police officers” were responsible. Actually, it was one police officer, Shelby, and it’s not at all clear that the other officers will back her actions up.]

UPDATE 12:15 AM: It has always been obvious that new information would be coming out that could change things. Now there are reports that Shelby says Crutcher had put his hands in his pockets several times. However, no one is alleging that he had put his hands in his pockets before the fatal shot was fired. It is alleged that his hands were up as he walked to the vehicle, and that he then seemed to be reaching inside the vehicle (or about to reach inside it), which is what caused the decisions to fire the taser and the shots. I’ve read conflicting reports on whether the window was open or not (a potentially important detail). I also read that the side of the vehicle he was approaching—the driver’s side—had already been searched or cleared by Shelby, and if so I’m not sure why she would have thought there could have been a gun right there.

Also, there is a report that a vial of PCP was later found in the car, and that “Crutcher had been incarcerated on a drug-related conviction for nearly four years and was released on parole in 2011.” If true (and I can only find that story about the prior incarceration in one paper, so I begin to wonder), that is certainly supportive of the idea that he was on some sort of drug at the time of the fatal encounter, although toxicological testing will reveal whether or not that is true. At any rate, it is not determinative of whether deadly force was justified (nor did the officers know his drug-related state at the time). What is relevant for determining that is his behavior during the encounter, and whether it justified the perception that he represented a threat of the type that would have allowed the use of deadly force.

Posted in Law, Race and racism, Violence | 73 Replies

And now for something really important—and non-Trump-related…

The New Neo Posted on September 20, 2016 by neoSeptember 20, 2016

…is this the end of Brangelina?

Is anyone surprised?

[NOTE: Actually, you may have noticed I haven’t written anything about Donald Trump today. Every now and then I need to take a Trump vacation.]

Posted in Men and women; marriage and divorce and sex, Pop culture | 17 Replies

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