What What, In the Butt

Law enforcers offer a lot of free services. If you see a black family grilling in a park, you can call a law enforcer and they’ll come and hassle them for you. If a member of your family is threatening to commit suicide, you can call a law enforcer and they’ll come and kill your family member before they have a chance to kill themselves. If you can’t afford a visit to the doctor’s office, you can call a law enforcer and they’ll come and give you a free prostate exam:

WASHINGTON (WJLA) — The cell phone video shows a ‘Stop and Frisk’ encounter last September between an MPD officer and M.B. Cottingham, a D.C. resident.

“Come on man! Stop fingering me, bruh!” the 39-year-old cries out.

“Stop moving,” replies Officer Sean Lojacono.

Now, 10 months after that pat-down, the ACLU of DC has filed a federal lawsuit against Lojacono, calling it an illegal and invasive body search.

“The officer, instead of frisking him for weapons, just jams his finger and his hand between Mr. Cottingham’s legs,” said ACLU attorney Scott Michelman.

Not surprisingly, there were several officers involved:

The suit says several officers, including Lojacono, “got out of their cars and asked the men if they had any guns. They responded they did not.”

It’s not just that there are bad apples but that there are also a lot of indifferent apples willing to standby and let the bad apples do whatever they want.

It’s Good to Be the King

It’s good to be the king. When you’re the king, you don’t have to put up with insults from your subjects:

When body-camera footage of an aggressive or abusive police officer goes viral, the response from law enforcement groups is often to caution that we shouldn’t judge the entire system based on actions of a few bad apples. That’s fair enough. But what does it say about the system when the cops gets away with their bad behavior? What if, despite video footage clearly showing that the cops are in the wrong, sheriffs and police chiefs cover for them, anyway? What if local prosecutors do, too? What if even mayors and city attorneys get into the act?

Adam Finley had such an interaction with a bad cop. He was roughed up, sworn at and handcuffed. When he tried to file a complaint, he was hit with criminal charges. The local police chief turned Finley’s wife against him, which (according to both Finley and her) eventually ended their marriage. The fact that video of the incident should have vindicated him didn’t seem to matter.

This is a really good story to read because it illustrates a lot of facts about modern law enforcement, the power of authority, and local government. Even though body camera footage clearly showed the officer was abusing his authority, Finley had his life ruined because the people tasked with overseeing the law enforcer covered for him. This shouldn’t be surprisingly since all of the people tasked with overseeing the law enforcer work for the same government as the law enforcer. But many people still make the mistake of believing that government oversight of law enforcement is an effective check against abuse when, in fact, government oversight of law enforcement is merely the government overseeing itself. Whenever you give an entity the power to oversee itself, it has a strong tendency to find that it did nothing wrong.

Federal Court Tells Slaves to Shut Up

What recourse do you have when you’re assaulted by a Transportation Security Agency (TSA) goon? A federal appeals court has decided that you have no recourse:

In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners were not “investigative or law enforcement officers,” and were therefore shielded from liability under the Federal Tort Claims Act (FTCA).

Badges, even when they’re not on the shirt of a law enforcer, are magical things. So long as your uniform has one, you enjoy significant privileges that allow you to get away with actions that would be considered criminal if performed by somebody without a badge.

Taking Children to Court

The immigration laws in the United States are asinine but you can’t fully appreciate the absurdity of the entire immigration system until you look at the court system that deals with immigration issues:

As the White House faces court orders to reunite families separated at the border, immigrant children as young as 3 are being ordered into court for their own deportation proceedings, according to attorneys in Texas, California and Washington, D.C.

Requiring unaccompanied minors to go through deportation alone is not a new practice. But in the wake of the Trump administration’s controversial family separation policy, more young children — including toddlers — are being affected than in the past.

[…]

The children being detained under the new “zero tolerance” policy, though, are facing immigration proceedings without mom or dad by their side.

“The parent might be the only one who knows why they fled from the home country, and the child is in a disadvantageous position to defend themselves,” Toczylowski said.

This is a perfect example of bureaucracy run amuck. There is no logical reason to have a three-year-old child appear in a courtroom. They likely have no idea why they were dragged into this country. Mom and dad probably just told them one morning that they were moving. But the letter of the law says that that child has to appear in court so they are dutifully dragged into court by the government goons who are just following orders.

Bureaucracies may be the worst invention humanity ever developed. Through the system of bureaucracy personal accountability is disposed of entirely. Whenever you’re tasked with doing something stupid or illogical in a bureaucracy you just need to respond with, “Those are the rules. I’m just doing my job.” If you find yourself questioning the morality of what you’ve been tasked with doing in a bureaucracy, you can just tell yourself that the rules were written by really smart people who know better than you. The invention of bureaucracies enabled far too many people to act as mindless automatons.

Ihre Papiere, Bitte

What can you expect when driving down a highway in the freest country on Earth? Checkpoints where government goons demand to see your papers:

(CNN) — Far from ground zero in the Trump administration’s crackdown on illegal immigration along the southern border, US Customs and Border Protection checkpoints on highways in Maine and New Hampshire are catching the eye of civil liberties groups.

On Interstate 95 near the remote northern Maine town of Lincoln last week, the Border Patrol said it made nine drug seizures and two arrests for immigration violations during an 11-hour checkpoint operation in which agents asked motorists about their place of birth and citizenship status.

You could usually tell who the bad guys in old World War II and Cold War movies were by their bad Eastern European imitation accent and the fact that the guards were asking random people on the street for their papers. Somehow that went from an easy way to differentiate the evil Nazi and communist nations from the freest country on Earth to the status quo in the “freest country on Earth.”

Justice in America

I have an aversion to the death penalty because far too many people seem to be sentenced to death for questionable reasons. Case in point, a South Dakota jury sentenced a man to death. The man was found guilty of murder, so he isn’t exactly an angle. However, the jury’s reasoning for issuing the death sentence calls its impartiality into question:

On Monday, the Supreme Court announced it would not stop South Dakota from killing a man who may have been sentenced to death because he is gay.

Some of the jurors who imposed the death penalty on Charles Rhines, who was convicted of murder, have said they thought the alternative — a life sentence served in a men’s prison — was something he would enjoy as a gay man.

During deliberations, the jury had often discussed the fact that Mr. Rhines was gay and there was “a lot of disgust” about it, one juror recalled in an interview, according to the court petition. Another said that jurors knew he was gay and “thought that he shouldn’t be able to spend his life with men in prison.” A third recounted hearing that if the jury did not sentence Mr. Rhines to death, “if he’s gay, we’d be sending him where he wants to go.”

I would say that the jury’s impartiality is certainly in question. There is some obvious discrimination displayed since the justification given, that a gay man would enjoy being incarcerated in a men’s prison, is absurd (if that were the case, why aren’t gay men constantly committing crimes that will result in them being sent to prison). This discriminatory attitude calls into question whether the jurors were impartial during the case or allowed their discriminatory views of gay men to color their judgement.

None of this is to say that Charles Rhines is an innocent man who would be set free. However, the jury’s apparent lack of impartiality along with the fact that it sentenced Rhines to death for an absurd reasons does, in my opinion, indicate a need to review the trial and especially the sentence. Unfortunately, the Supreme Court was uninterested in doing so, which means that a further review is unlikely.

Voting Other People’s Money to Yourself Must Be Nice

Affordable housing is a hot topic here in the Twin Cities. Most people believe that there isn’t enough and that the solution is to bulldoze a bunch of existing infrastructure so it can be replaced with luxury high-density residential buildings. However, the politicians in Washington DC perceive a similar problem in their area but are coming up with a different solution:

Democratic members of Congress want taxpayers to subsidize their housing, signing onto legislation that would allow them to deduct living expenses for members of the House of Representatives.

Rep. Bennie Thompson (D., Miss.) introduced a bill that would ban members of Congress from sleeping in their offices and would change the tax code to allow House members to deduct their spending on housing in D.C. up to $3,000. The deduction would not apply to senators.

Thompson has also proposed turning a vacant building near Capitol Hill into apartments for House members at the expensive of taxpayers, which critics have dubbed a “Congressional Animal House.”

Being able to vote other people’s money to yourself must be nice. You can’t find a place to live in a price range you desire? Just vote to force the taxpayers to build you an apartment complex. While you’re at it, you might as well vote yourself a special tax deduction for housing that doens’t apply to anybody else. After all, you’re far more important than the little people from whom you’re stealing so it’s not only OK, it’s the moral to do!

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.

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?