Tag: Law and Disorder

The Nazgûl Decided that Small Online Businesses Must Be Destroyed

If you’re a small online retailer in, say, Texas and a customer in Minnesota buys an item from you, should you be required to collect sales taxes for Minnesota? I would argue that it’s asinine to expect a small only retailer to be familiar with the sales tax laws of all 50 states but I’m not one of the Nazgûl so my opinion on the matter is irrelevant:

The 5-4 decision overturns a 1992 Supreme Court precedent that effectively barred states from collecting such taxes, and could leave consumers paying more for online purchases as cash-strapped states tap a rich vein of new revenue.

The icing on the cake, in my opinion, is the justification for the ruling. Usually the nine muumuu clad individuals who constitute the Supreme Court cite constitutional precedence to justify their rulings. For this case they appear to have just outright said that the previous ruling was inconvenient and therefore invalid:

In making their decision, justices ruled that South Dakota can collect sales taxes from online retailers like Wayfair, which was sued by the state. In doing so, the court reversed a 1992 ruling that allowed states to levy taxes only on those businesses with a brick-and-mortar location within the state. The court said that law effectively incentivized businesses to “avoid physical presence” in states and led to “a judicially created tax shelter.” Ultimately, the justices deemed the current law outdated.

“The Internet’s prevalence and power have changed the dynamics of the national economy,” Justice Anthony Kennedy wrote in the majority opinion. “The expansion of e-commerce has also increased the revenue shortfall faced by States seeking to collect their sales and use taxes.”

This illustrates one of my biggest gripes with nation-state legal systems. It’s difficult to operate in an environment where the rules can change on a whim. At any point your municipal, county, state, of federal government could pass a law that affects your business negatively. Moreover, if you do manage to fight the new law in court and win, you aren’t safe because a future court ruling could reverse the decision.

In this case online retailers have been operating on a 1992 Supreme Court precedent that said that state governments can only collect sales taxes from businesses within their borders. Today’s Supreme Court decided that its previous decision was inconvenient and changed the rules. Now states are free to collect sales taxes from retailers in other states. That means every online retailer now needs people on hand who are familiar with the sales tax laws in all 50 states. Tax specialists aren’t cheap so this decision will impact a lot of retailers negatively, possibly to such an extent that they will be forced to close up shop.

The Absurdity Continues

After a tremendous amount of public outrage, Trump finally relented and decided to end the policy of separating children from their parents. All is well again, right? As this is a post about a political solution to a political problem, you know that the answer is no. The executive order signed by Trump didn’t really improve the situation:

President Trump caved to enormous political pressure on Wednesday and signed an executive order that ends the separation of families by indefinitely detaining parents and children together at the border.

[…]

Mr. Trump’s executive order directed the government’s lawyers to ask for a modification of an existing 1997 consent decree, known as the Flores settlement, that currently prohibits the federal government from keeping children in immigration detention — even if they are with their parents — for more than 20 days.

But it is unclear whether the court will agree to that request. If not, the president is likely to face an immediate legal challenge from immigration activists on behalf of families that are detained in makeshift facilities.

If Trump’s request is granted, children won’t be separated from their parents but will instead be detained potentially forever alongside their parents. This raises a lot of questions about ethics. For example, what happens if a child is illegally brought into the United States with their parents when they are young but they come of age during a lengthy detainment? The child didn’t choose to cross the border illegally, they were brought by their parents. However, they’re now adults and in the country illegally. Are they prosecuted even if the reason they’re in the country and legally considered an adult is because they were detained by law enforcers?

What is happening now is what inevitably happens whenever a zero tolerance policy is implemented. The flexibility that allows absurd situations to be avoided is gone so now the absurd situations come into existence. Unless the zero tolerance policy currently in place is removed, we’re going to be seeing a lot of absurd situations crop up and, in this case, those situations are going to involved complex ethical questions.

Prison Nations Are Expensive

The concept of justice in this country doesn’t involve trying to make victims as whole as possible, it involves locking offenders in secure storage faculties for arbitrarily defined spans of time. Seeing justice in this way has numerous downsides. One of those downsides is that the justice system becomes expensive. Couple the expense of a storage-based justice system with a list of laws so long that no single individual can ever hope to memorize it entirely and you end up with a financial crisis:

Gov. Jerry Brown’s spending plan for the fiscal year that starts July 1 includes a record $11.4 billion for the corrections department while also predicting that there will be 11,500 fewer inmates in four years because voters in November approved earlier releases for many inmates.

[…]

The price for each inmate has doubled since 2005, even as court orders related to overcrowding have reduced the population by about one-quarter. Salaries and benefits for prison guards and medical providers drove much of the increase.

The result is a per-inmate cost that is the nation’s highest — and $2,000 above tuition, fees, room and board, and other expenses to attend Harvard.

If California wants to spend billions of dollars for nothing of value, I can think of some alternatives that would at least have some kind of positive quality.

The only positive thing that I can say about a storage-based justice system is that it eventually bankrupts any government that implements it. Unfortunately, the bankruptcy doesn’t happen until a lot of misery has been created both in the victims because no real attempt has been made to make them whole again and the prisoners who spend years sitting in a cage doing nothing of value to anybody.

Romanes Eunt Domus

A United States court decided that one cannot consent to a cop who is conversing with you through a commonly unserviceable translation utility:

Imagine you’re driving in a foreign country and a police officer stops you on the road. You don’t speak the cop’s language and they don’t speak yours, so a halting exchange ensues using a laptop and Google Translate. You’re not always sure what the officer is asking, and you end up agreeing to something you didn’t quite understand, and are arrested.

Translating human language is difficult, which is why it still remains a common target for satire. Anybody who has used Google Translate for a language about which they’re even moderately knowledgeable knows that it has severe limitations. While it can oftentimes provide you the gist of whatever is being translated, it’s a far cry from accurate. If you want to see this in action, translate something from one language to another then take the result and translate it back to the original language. The meaning may be preserved the first time, although even that’s unlikely, but if you keep doing this for a few iterations you’ll end up with some hilarious nonsensical arrangement of letters.

Needless to say, if a cop is using Google Translate to communicate that they’re arresting you, you have abundant evidence with which to argue that you had no idea what the officer was trying to communicate to you.

Just Drug ‘Em

The Minneapolis Police Department (MPD) can’t keep itself away from controversy. Fortunately, the latest controversy doesn’t involve another unarmed person being gunned down. Instead it involves people being drugged against their will, oftentimes without any crimes being committed:

Minneapolis police officers have repeatedly requested over the past three years that Hennepin County medical responders sedate people using the powerful tranquilizer ketamine, at times over the protests of those being drugged, and in some cases when no apparent crime was committed, a city report shows.

[…]

The number of documented ketamine injections during Minneapolis police calls increased from three in 2012 to 62 last year, the report found, including four uses on the same person. On May 18, around the time the draft report was completed, Minneapolis police Cmdr. Todd Sauvageau issued a departmental order saying that officers “shall never suggest or demand EMS Personnel ‘sedated’ a subject. This is a decision that needs to be clearly made by EMS Personnel, not MPD Officers.”

This story involves two groups of bad actors. The first group is the usual suspects, MPD officers. The second group are the Emergency Medical Services (EMS) personnel who administer the drugs simply because an MPD officer asked them.

Not surprisingly, both MPD and the EMS people involved have issued statements that absolve themselves of responsibility. MPD at least tried to smooth things over by announced that it has put a new policy in place. While new department policies seldom change actual behavior, it’s a step better than the shut up slaves statement given by Hennepin EMS Medical Director Jeffrey Ho:

The draft report prompted sharply different reactions among local officials. A statement included in the report from Hennepin EMS Medical Director Jeffrey Ho and Minnesota Poison Control System Medical Director Jon Cole dismissed the findings of the report as a “reckless use of anecdotes and partial snapshots of interactions with police, and incomplete information and statistics to draw uninformed and incorrect conclusions.”

“This draft report will prevent the saving of lives by promoting the concept of allowing people to exhaust themselves to death,” Cole and Ho wrote.

Pro tip: if you’re going to claim that a report is based on anecdotal and partial information and are in a position to provide the information that supports your claim, you should release that information. Failing to do so makes it look like your statement is nothing more than an attempt to cover your ass.

The fact that MPD requested the sedation of a subject isn’t the real red flag of this story. There are circumstances where sedating somebody is the best option for everybody involved, including the suspect. However, the rapid increase in the number of sedations is a red flag. Going from three in 2012 to 62 in 2017 is a drastic increase in just five years. Statements from officials and policy changes aren’t going to answer the important question of why was there such a dramatic increase?

Play Stupid Games, Win Stupid Prizes

Remember the Federal Bureau of Investigations (FBI) agent who became separated from his weapon while dancing and ended up shooting somebody he attempted to retrieve his weapon in a panic? In a surprise twist, he has been arrested:

An off-duty FBI agent whose gun accidentally fired after it dropped out of its holster while he was doing a backflip at a Denver nightclub was taken into custody on Tuesday, jail records showed.

Chase Bishop, 29, turned himself in to the Denver County Sheriff’s Department Tuesday morning and was being held in a detention center in downtown Denver. He was charged Tuesday with one count of second-degree assault, the Denver County District Attorney’s Office said.

I feel the need to point out the verbiage used here. Notice how the report says that the FBI agent “accidentally” fired his firearm. While his actions were almost certainly accidental, it would have been better to use the word “negligently” since his negligence lead to the gun being fired. But negligence is when nongovernmental individuals unintentionally shoot somebody. When government agents unintentionally shoot somebody, it’s accidental.

As far as the charges go, I’d put money on the agent not being convicted. Law enforcers tend to enjoy a great deal of leeway when it comes to shooting bystanders, whether intentionally or accidentally. But it is nice to see that charges were actually filed and an arrest was made.

Finding New Justifications for Harassment

The Minneapolis Police Department (MPD) has announced that it will stop arresting people for possession of small amounts of cannabis. At least that’s what you’d think if you were going by a lot of people’s comments. What MPD actually announced is far more limited in scope:

In a series of rushed announcements Thursday, authorities said that police would no longer conduct sting operations targeting low-level marijuana sales, and charges against 47 people arrested in the first five months of 2018 would be dismissed.

[…]

But in recent years, Minneapolis police have stepped up their presence on Hennepin Avenue in response to concerns about safety downtown. Using undercover officers posing as buyers, they arrested 47 people for selling marijuana on Hennepin between 5th and 6th streets.

MPD will stop having officers posing as buyers in order to find suckers to arrest. However, that doesn’t mean that the department will stop arresting people for possession of small amounts of cannabis.

Then there is the issue of demographics. When 46 of the 47 people you’ve arrested are black, red flags are raised. This is especially true when the arrests were the result of a sting operation that involved law enforcers initiating contact. Such demographics make it look as though the law enforcers in question were almost exclusively approaching black individuals and mostly ignoring people with lighter colored skin. But now that MPD has been caught apparently red handed, the racial profiling will cease, right? Don’t get your hopes up.

Anybody who studies the history of laws and how they’re enforced in the United States quickly learns that when law enforcers are caught targeting specific individuals, law that are claimed to prohibit such targeting are quickly passed but nothing changes. This is because law enforcers simply find another way to target those individuals using a different justification. A very good case can be made for the drug war actually being a continuation of Jim Crow laws. While the laws prohibiting drugs never specifically mention race, they tend to be enforced more rigorously against black individuals. But since the laws never mention race, when questions about the demographics of those arrested are asked, law enforcers have plausible deniability. They can claim that they were enforcing the law consistently but that blacks simply break those laws more frequently.

If MPD wants to racially profile, it can find a justification to do so that gives its officers deniability.

Ensuring You’re Not Well

What do you do if a friend of family member hasn’t responded to your attempt to communicate for a while? What do you do if you think a friend of family member might be suicidal? In these cases it’s not entirely uncommon from concerned parties to call 911 and ask emergency personnel to perform a wellness check. However, most of the time when you call 911 law enforcers are dispatched and that can turn a wellness check into a very dangerous situation.

Apparently some concerned party, the law enforcers involved are being cagey about the specifics, were concerned about Chelsea Manning after she posted some tweets that sounded suicidal and called in for a wellness check. In response law enforcers officers stormed her home with guns drawn:

Shortly after Chelsea Manning posted what appeared to be two suicidal tweets on May 27, police broke into her home with their weapons drawn as if conducting a raid, in what is known as a “wellness” or “welfare check” on a person experiencing a mental health crisis. Manning, a former Army intelligence analyst turned whistleblower and U.S. Senate candidate, was not at home, but video obtained by The Intercept shows officers pointing their guns as they searched her empty apartment.

The footage, captured by a security camera, shows an officer with the Montgomery County Police Department in Bethesda, Maryland, knocking on Manning’s door. When no one responds, the officer pops the lock, and three officers enter the home with their guns drawn, while a fourth points a Taser. The Intercept is publishing this video with Manning’s permission.

Here’s a question, were the law enforcers performing a wellness check or were they using the wellness check as an excuse to burst into her home, claim that a controversial individual appeared to be holding a gun, and murder that individual? The answer you give will probably depend on your overall view of law enforcement in this country. I certainly am leaning towards the latter.

Fortunately, she wasn’t home during the incident so if it was the latter, she wasn’t around to be gunned down. However, the fact that a supposed wellness check involved four officers with weapons drawn bursting into a home should be concerned to everybody. If, for example, the home was occupied by a retired soldier who was suffering from a post-traumatic stress episode, they could have reacted violently to strangers with guns bursting into their home and end up gunned down by officers who made a bad situation worse. Moreover, the fact that the question about the law enforcers’ intentions can be seriously asked at all indicates a dangerous trend in law enforcement behavior.

I doubt we’ll hear much more about this incident. The department involved is being cagey and probably won’t be any less opaque in the comings days. This incident should be a lesson though. If you suspect somebody may be suicidal or incapacitated in some manner, don’t call 911. Check on them yourself or have a friend or family member check on them. If you call 911, the dispatcher will likely send law enforcers to perform the check and then there will be a good chance of the person you’re concerned about will end up in a body bag.

Living in Postliterate America

I’m working with a dying medium. The written word has served humanity for thousands of years but it’s time, at least here in the United States, is coming to an end. Why do I think this? Because every time a piece of news involving even a tiny bit of minutia crops up, few seem able to read more than the headline.

The latest example of this involves a baker in Colorado by the name of Jack Phillips. A couple wanted him to make a cake for their wedding. He refused because the couple were both men and his Christian beliefs don’t jive with same-sex marriages. The couple decided that this was discriminatory and brought the wrath of the Colorado Civil Rights Commission upon him. Eventually the case reached the Supreme Court and yesterday the nine muumuu-clad judges announced that they sided with Phillips.

Obviously religious freedom just made a giant leap forward in the United States, right? Wrong. It turns out that everybody cheering this decision as win for religious freedom stopped reading after the headline:

In a case brought by a Colorado baker, the court ruled by a 7-2 vote that he did not get a fair hearing on his complaint because the Colorado Civil Rights Commission demonstrated a hostility to religion in its treatment of his case.

Writing for the case, Justice Anthony Kennedy said that while it is unexceptional that Colorado law “can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public, the law must be applied in a manner that is neutral toward religion.”

He said that in this case the Colorado baker, Jack Phillips, understandably had difficulty in knowing where to draw the line because the state law at the time afforded store keepers some latitude to decline creating specific messages they considered offensive. Kennedy pointed to the Colorado commission’s decision allowing a different baker to refuse to put an anti-gay message on a cake.

The Supreme Court ruled that the Colorado Civil Rights Commission showed hostility towards Phillips and that that hostility prevented an unbiased hearing. Basically the government failed to act as a neutral third-party mediator and that invalidated its decision. At no point did the Supreme Court rule on the law in question. The law forcing Phillips to bake a cake for a same-sex wedding wasn’t invalidated.

Knowing this literally took only a few paragraphs worth of reading but I somehow saw tons of people claiming that this decision was in regards to religious freedom. No wonder people make video blogs today. If you’re using the written word, you’re apparently making your content unavailable to 99.99 percent (this is totally a scientifically backed percentage) of the American population.

When a Court Wants to Add Insult to Injury

In 2014 two officers were responding to a noise complaint. When they arrived at the address, they saw a black man with a gun and decided to open fire through the man’s garage door. One bullet fatally struck the man. Considering the rather murky circumstances (firing blindly through a garage door at somebody who hadn’t posed a direct threat yet) an excessive force lawsuit was brought against the officer. Not only did the jury find the officer innocent of any wrongdoing (normal in these cases) but it decided to add a bit of insult to the injury:

FORT PIERCE, Fla. — A federal jury has cleared a deputy of using excessive force in the 2014 shooting death of Gregory Hill Jr. and awarded $4 to Hill’s family, a family lawyer said. The jury, which was weighing a lawsuit filed by Hill’s family, ruled last week that St. Lucie County Deputy Christopher Newman did not violate Hill’s civil rights, reports CBS affiliate WPEC-TV of West Palm Beach, Floirda.

Awarding $4 over a fatal excessive force complaint is nothing more than a giant fuck you.