When Officers Really Screw Up They Receive Unpaid Leave

Earlier this week it was announced that an officer who was fired for getting drunk and beating his K-9 partner was given his job back. In other words, the officer, Brett Arthur Berry, was given an unpaid vacation instead of the standard paid vacation. But some people are probably willing to give his some leeway because he beat a dog, not a person. Here in Minnesota beating a person also results in nothing more than an unpaid vacation:

MINNEAPOLIS (WCCO) — WCCO has obtained video that led, in part, to a police officer’s firing. That officer now has his job back, as an arbitrator ruled he should be reinstated last week. Minneapolis police officer Blayne Lehner is currently on paid administrative leave.

The video shows Lehner pushing a woman. Seconds later he swatted a cellphone out of her hand and pushed her to the ground after she tried to grab him.

Instead of receiving an unpaid vacation he is now receiving a paid vacation. Some might wonder, especially after watching the video of him attacking the woman, what justification allowed him to return to the force. Not surprisingly, the justification was “officer safety”:

“She’s talking on the phone right now and he wants her attention. When he knocks it out of her hand, her left hand is coming up towards him. He’s looking at that as a possible threat,” Dutton said.

See? She threatened him! When he initiated force by knocking her cell phone out of her hand she moved her left hand! His only option to avoid possibly being slapped was to throw her to the ground! She’s lucky he didn’t shoot her because his life was totally on the line and therefore deadly force was obviously justified!

When apologists talk about the supposedly brave men and women in blue I can’t help but scoff. It seems like police officers see a threat hiding in every shadow, lurking under every bed, and hiding in every closet. Does a person walking down the street in the dead of winter have their hands in their pockets? Threat! Is a kenneled dog barking at the officers who just kicked down the door in the middle of the night? Threat! Did a woman move her hand after an officer initiated aggression? Threat!

Law enforcement has become a self-feeding delusion. New officers are taught that they have signed up for an extremely dangerous job where everybody is trying to kill them. This deludes them into seeing every single encounter with a member of the public is potentially life threatening. Their delusion is held up whenever one of their encounters doesn’t involve a completely submissive citizen. When they tell their fellows about their encounter their delusion is further affirmed by being reminded about how dangerous the job is. Then they move on to teach other new officers about how dangerous being a cop is.

But reality is far different. Law enforcement isn’t that dangerous of a profession, at least not for the law enforcers. Law enforcement has become a dangerous profession for the people. Because of the self-feeding delusion law enforcers have they respond far more aggressively than they ought to. This is why a seemingly routine traffic stop can into a motorist being murdered by a police officer. The fact that few officers are punished for using excessive force just further feeds the cycle by teaching officers that their misdeeds will be forgiven in almost any case.

It’s All About the Money

The war on drugs is probably been the single biggest government power grab in history. By declaring an ever expanding list of chemicals illegal the State has created a justification to expand law enforcement both in numbers and in equipment. In addition to expanding the power of its wealth expropriation force, the State has also written the laws in such a way as to better enable law enforcers to expropriate wealth. Consider civil forfeiture. Normally a law enforcement agent can’t just steal your cash or car. But if they claim that cash or your car are in any way possibly tied to a drug crime they can steal it and the burden of proving they weren’t related to a drug crime, a nearly impossible feat, falls onto you.

But the State isn’t the only culprit here. An entire industry has sprung up around helping law enforcement agencies expropriate wealth. One such industry is the manufacturing of field drug testing kits. These kits, which have an extremely dubious record in regards to reliability, give an officer probable cause to kidnap individuals. However, recognizing that the kits are unreliable most agencies will have the tested substance sent to a lab for more rigorous testing. But one agency that doesn’t is the Las Vegas Police Department (LVPD):

A new report from ProPublica and the Las Vegas Review-Journal finds that since the early 1990s, the Las Vegas Metropolitan Police Department has been using cheap drug field-test kits to determine whether found substances are illegal. While far too many police agencies have used the kits to determine probable cause for a search, in most cases the substances are later more thoroughly tested at a crime lab. In Las Vegas, the test results were apparently also used as evidence to help prosecutors win convictions.

As Billy Mayes would have said, but wait, there’s more!

All along, though, police and prosecutors knew the tests were vulnerable to error, and by 2010, the police department’s crime lab wanted to abandon its kits for methamphetamine and cocaine. In a 2014 report that Las Vegas police submitted to the U.S. Department of Justice under the terms of a federal grant, the lab detailed how the kits produced false positives. Legal substances sometimes create the same colors as illegal drugs. Officers conducting the tests, lab officials acknowledged, misinterpreted results. New technology was available — and clearly needed to protect against wrongful convictions.

Not only is the LVPD not using more thorough testing measures before brining charges but the department, as do all other departments, knows that the field testing kits are unreliable.

Why would the LVPD rely on unreliable tests to prosecute individuals? If you’ve read my blog for any length of time you already know the answer: law enforcement isn’t about justice, it’s about expropriating wealth from the populace. The whole point of the war on drugs is to give the State yet another method on top of taxes, citations, and permit fees to transfer money from your bank account into its own. But the State wants this expropriation to look legitimate so people don’t see it for the organized criminal gang that it is. To create an illusion of legitimacy the State surrounds its expropriation with a bunch of legal rituals. These rituals make the process of expropriation look impartial and fair.

If you’re charged with a drug crime you have the option of a jury trail. In a jury trail the State must convince 12 jurors that you are actually a very bad person. The process of convincing a jury that you’re a very bad person involves submitting evidence that proves that the glazed doughnut you were eating was actually crystal meth. Since field drug testing kits are biased towards false positives they make excellent evidence, especially when the jurors are selected specifically because they’re entirely ignorant of how the tests work and how unreliable they are.

“Libertarians”

I make no secret of my disagreement with political libertarians. While they claim that we need to implement incremental change by working within the system I’m rolling my eyes because I know that the system has numerous redundancies that prevent anti-statist meddling and that the State, like the One Ring, corrupts all who try to wield it.

The Star Tribune ran a story about the Crystal City Council. Crystal, for those who don’t know, is a suburb here in the Twin Cities. The Libertarian Party controls a majority of its city council. That’s the joke, this is the punchline:

At the same time, in a seeming departure from Libertarian principles of thrift, the city has raised property taxes and water and sewer fees.

Libertarians seized control of a municipal government and taxes went up. If these Libertarians didn’t exist I’d have to make them up to illustrate my point about political action being an ineffective strategy for libertarianism. One is probably wondering why a “libertarian” city council would raise taxes and water and sewer fees. After all, that seems like a pretty anti-libertarian decision. It’s for muh roads and the children, of course:

The alliance split in September when the City Council raised property taxes nearly 8 percent. One of the Libertarians, Councilwoman Olga Parsons, said she voted in favor because she thought the budget was already lean and she didn’t see anywhere to cut spending.

The budget was already tight? She is obviously not a libertarian. Any libertarian could find a significant amount of unnecessary crap to cut. For example, they could start with the police. Most police departments invest the majority of their time in enforcing victimless laws such as drug offenses and speeding citations. Stopping the department from enforcing those nonsense laws would greatly reduce the need for officers and the city could downsize the department (I would personally eliminate it entirely but this is me trying to play the libertarian political game). City “services” could be privatized or eliminated entirely and the city properties related to providing those “services” could be sold. Doing that would allow the market to decide what the community actually wants and what has been forced down its throat by a handful of politically connected community members. The bottom line is that if the budget is tight that means the city is providing things it shouldn’t be providing.

In spite of what the Star Tribune and these “libertarians” claim, paying cash for government projects isn’t libertarianism. Libertarianism is dismantling the government. If there’s a government project any libertarian worth their salt should be working to eliminate it, not fund it.

It’s Good to Be the King’s Men

In 2000 the Federal Law Enforcement Animal Protection Act was passed. The law made it a federal offense, one carrying some fairly stiff penalties, for harming a law enforcement animal:

Under the Federal Law Enforcement Animal Protection Act, which went into effect this week, anyone convicted of purposely assaulting, maiming, or killing federal law enforcement animals such as police dogs and horses could be fined at least $1,000 and spend up to 10 years in prison. Previously, the animals were covered by a variety of state, rather than federal, laws.

Were you or I to beat a drug sniffing dog we’d face a potential decade in a cage. Because this is a nation of laws and all are equal under the law the same applies to law enforcers themselves, right? Wrong. As usual, the law is applied differently to serfs and the king’s men. If you wear a badge the Federal Law Enforcement Animal Protection Act apparently doesn’t apply to you:

A Ramsey County deputy who pleaded guilty to animal cruelty after beating his canine partner during an out-of-town event will keep his job despite the sheriff’s office’s attempt to fire him.

Deputy Brett Arthur Berry was fired April 8, a few months after a Carlton County, Minn., judge sentenced him to a year of unsupervised probation for the June 2015 incident at Black Bear Casino. Berry admitted that he got drunk while at the casino for a canine officers’ certification event and beat his K-9 partner, Boone, out of frustration when he had a hard time putting the German shepherd back on the leash after taking him outside for a walk.

[…]

In a decision filed Monday, state arbitrator Gil Vernon wrote that the sheriff’s office did not sufficiently consider mitigating factors when it moved to fire Berry, and those factors show Berry is at a low risk of future misconduct. He noted that Berry had been forthright about his behavior that night and he sought alcohol abuse treatment afterward.

Not only did Mr. Berry receive an extremely lenient punishment for attacking his K-9 partner but he won’t even lose his job in the end. Can you imagine the shit show that would have occurred had one of us mere serfs beat his K-9 partner? I highly doubt admitting to our misconduct and seeking alcohol abuse treatment would satiate the State enough to keep us out of a cage.

It’s good to be the king and it’s good to be one of the king’s men.

Obedience to the Law isn’t Praiseworthy

Without government who would deport the heinous criminals? Take this bloke for instance. This heinous criminal has been illegally living in this country for almost four decades. His crime? You won’t believe it. He had the audacity to be adopted by parents who couldn’t be bothered to fill out some paperwork:

Adam Crapser was brought to the United States when he was 3, to start a new life — new parents, new culture, new country.

But his adoptive parents didn’t complete his citizenship papers. Then they abandoned him to the foster care system.

And now, as a 41-year-old father of four, he’s being deported. Despite his appeals for help, he has been ordered to be sent back to South Korea, a country The Associated Press describes as “completely alien to him.”

We need to get this son of a bitch out of the country less he continues his terrible crime spree!

This man was brought into this country when he was 3-years-old, spent almost all of his childhood and his entire adulthood here, and now has to go to a country he’s totally unfamiliar with through no fault of his own. Stories like this are why I scoff when people hold up the law as being high and might. The law isn’t moral, it’s arbitrary. Some idiots in Washington DC, idiots who almost nobody in this country considers examples of even modestly acceptable morality, wrote some words down, took a vote, and passed those words off to their associate who was occupying the White House at the time to rubber stamp it. Through that process a man who was brought into this country almost four decades ago became a heinous criminal.

When people say this nation is a nation of laws what they’re actually saying is that this nation is a nation of arbitrary orders issued by politicians. There’s nothing admirable about that and there’s nothing admirable about being compliant with those laws. But people do admire (more accurately worship) this nation’s arbitrary system or laws and even brag about being obedient to it.

Yes, believe it or not, a lot of people think that being a law abiding citizen is praiseworthy. There are people who brag about being law abiding citizens. Why? I have no idea. I mean, seriously, am I supposed to give them a gold star and a pat on the back? Is publicly professing obedience to masters admirable? Is there some reason I should view them as being better than the poor son of a bitch facing deportation because he was adopted by people who couldn’t fill out some forms?

Over time I’ve learned that there’s seldom anything admirable about being a law abiding citizen but there is a great deal to be admired about being a law breaking citizen.

Who Watches the Watchmen

Who watches the watchmen? Not Congress:

DO THE COMMITTEES that oversee the vast U.S. spying apparatus take intelligence community whistleblowers seriously? Do they earnestly investigate reports of waste, fraud, abuse, professional negligence, or crimes against the Constitution reported by employees or contractors working for agencies like the CIA or NSA? For the last 20 years, the answer has been a resounding “no.”

This article is an excellent read for anybody who thinks Chelsea Manning, Edward Snowden, and other whistleblowers should have gone through “proper channels.” It covers a couple of examples of individuals who did go through “proper channels” only to discover that the government has no interest in voluntarily overseeing itself (shocking, I know). Take William Binney for example:

Enraged that a program they believed could have prevented the 9/11 attacks had been jettisoned, Binney and his colleagues privately approached the House Intelligence Committee. When that failed to produce results, they issued a formal complaint to the Defense Department’s inspector general.

The subsequent investigation validated the allegations of the NSA ThinThread team. But in spite of this vindication, all who had filed the complaint were subsequently investigated by the FBI on bogus charges of leaking classified information. The episode is now the subject of an Office of Special Counsel whistleblower reprisal investigation, involving former NSA senior manager and ThinThread proponent Tom Drake. I have read the Defense Department inspector general report, which is still almost completely classified, and filed a Freedom of Information Act request seeking its declassification. The Pentagon has stonewalled my request for more than a year and a half.

Not only were his pleas ignored but Congress even sicced its attack dogs, the Federal Bureau of Investigations (FBI), on him. When the response for going through “proper channels” is both being ignored and having men with guns storm your home early in the morning, which is exactly what the FBI did, and hold your family at gunpoint the message is quite clear, Congress doesn’t want any of the State’s dirty laundry being aired.

Chelsea Manning and Edward Snowden aren’t criminals, they’re products of a government that both sweeps its illegal activities under the rug and viciously attacks anybody who tries to raise an alarm. They both did what was necessary to bring attention to some really nasty government programs. Instead of calling them traitors why not put the blame where it belongs with Congress? Because they’re supposedly the watchmen but they’re not only failing to do their job but they’re also attacking anybody who tries to help them do their job.

I Hope the ACA Mandates the Coverage of Lube

The Affordable Care Act (ACA) is a massive stack of paper that no single person could ever hope to read and fully comprehend. I only hope that somewhere buried in that mountain of paper is a clause that requires insurance companies to cover lube because us Minnesotans are going to need a lot of it:

Big rate increases next year in the state’s individual market mean that Minnesotans who buy health insurance on their own will pay above-average premiums — a startling reversal from 2014 when individual market rates in much of the state were among the lowest in the nation.

A federal report this week looked at rates for “benchmark” plans across 44 states and found a family of four in Minnesota will pay $1,396 per month for the coverage. That’s about 28 percent higher than the average across most of those states at $1,090 per month.

Everybody is getting fucked in the ass by the ACA but us Minnesotans are going to get fucked a bit harder. Predictably a lot of people are upset about this and have decided that the only fix for more government is even more government. Democrats are talking more seriously about single payer while the Republicans are obsessing over what they want to replace the ACA with. With both major political parties seemingly uninterested in deregulating the healthcare market this situation is only going to get worse.

At least the universe has a sense of humor because the number of people covered by health insurance, the metric being used by proponents of the ACA to prove it has been successful, is going to dwindle as fewer and fewer people are able to afford even a basic health insurance plan. When that happens the proponents of the act will have to find a new metric to declare victory with (which won’t change anything but watching them desperately scramble to spin things into victory again will be amusing to watch).

Public-Private Surveillance Partnership

People often split surveillance into public and private. Public surveillance is perform directly by the State and is headed by agencies such as the National Security Agency (NSA), Federal Bureau of Investigations (FBI), and Central Intelligence Agency (CIA). Private surveillance is performed by corporations such as Harris Corporation, Facebook, and AT&T. Some libertarians and neoconservatives like to express a great deal of concern over the former because it’s being performed by the State but are mostly accepting of the latter because they believe private entities should be free to do as they please. However, the divide between public and private surveillance isn’t so clean cut. Private surveillance can become public surveillance with a simple court order. Even worse though is that private surveillance often voluntarily becomes public surveillance for a price:

Investigators long suspected Charles Merritt in the family’s disappearance, interviewing him days after they went missing. Merritt was McStay’s business partner and the last person known to see him alive. Merritt had also borrowed $30,000 from McStay to cover a gambling debt, a mutual business partner told police. None of it was enough to make an arrest.

Even after the gravesite was discovered and McStay’s DNA was found inside Merritt’s vehicle, police were far from pinning the quadruple homicide on him.

Until they turned to Project Hemisphere.

Hemisphere is a secretive program run by AT&T that searches trillions of call records and analyzes cellular data to determine where a target is located, with whom he speaks, and potentially why.

[…]

n 2013, Hemisphere was revealed by The New York Times and described only within a Powerpoint presentation made by the Drug Enforcement Administration. The Times described it as a “partnership” between AT&T and the U.S. government; the Justice Department said it was an essential, and prudently deployed, counter-narcotics tool.

Before you decide to switch from AT&T to Verizon it’s important to note that every major cellular provider likely has a similar program but they haven’t been caught yet. We know, for example, that Sprint has a web portal to make law enforcement access to customer data quick and easy and Verizon has a dedicated team for providing customer information to law enforcers. Those are likely just the tips of the icebergs though because providing surveillance services to the State is lucrative and most large companies are likely unwilling to leave that kind of money on the table.

At one time I made a distinction between public in private surveillance insofar as to note that private surveillance doesn’t lead to men with guns kicking down my door at oh dark thirty. It was an admittedly naive attitude because it didn’t figure how private surveillance becomes public surveillance into the equation. Now I make no distinction because realistically there isn’t a distinction and other libertarians should stop making the distinction as well (neoconservatives should also stop making the distinction but most of them are beyond my ability to help).

The State Giveth and the State Taketh Away

Do you trust the United States government? Believe it or not, there are fools out there that still do. Unfortunately, many of these fools get suckered into military enslavement (I call it enslavement as opposed to service or employment because an individual who enters the military voluntarily cannot later leave voluntarily and the contract they sign is entirely one sided). Why? For some it’s because they believe the military allows them to serve their country (and that serving a country is noble). For others it’s because they’re out of employment options and need the cash, which is why the State often offers enlistment bonuses. But there is no honor amongst thieves. As the ultimate thief in the territory the United States government is more than happy to demand those enlistment bonuses back:

Short of troops to fight in Iraq and Afghanistan a decade ago, the California National Guard enticed thousands of soldiers with bonuses of $15,000 or more to reenlist and go to war.

Now the Pentagon is demanding the money back.

Nearly 10,000 soldiers, many of whom served multiple combat tours, have been ordered to repay large enlistment bonuses — and slapped with interest charges, wage garnishments and tax liens if they refuse — after audits revealed widespread overpayments by the California Guard at the height of the wars last decade.

Investigations have determined that lack of oversight allowed for widespread fraud and mismanagement by California Guard officials under pressure to meet enlistment targets.

I guess this is what the United States government means when it speaks of treating soldiers with respect and dignity.

There are two important details worth noting here. First, the obvious. The California National Guard misrepresented the deal to the soldiers signing up yet it is not the entity being punished. Instead of the California National Guard being forced to repay the money it wasn’t authorized to distribute the soldiers who signed up with the understanding that they would receive the enlistment bonus are being required to give it back with interest. This solution seems to be acceptable to the United States government. As always, when the State screws up it’s the people who pay.

Second, and this is where my label of enslavement comes in, the contract the soldiers signed when they joined the California National Guard are apparently very one sided. There are very few ways for a member of the military to change the contract they sign, which includes submitting themselves to an alternative justice system, but the State seems to be able to change the contract for any reason whatsoever. If a member of the military wants more pay they’re shit out of luck. If the State later wants the enlistment bonus it paid a member when they joined it can do so without issue and even charge interest.

The State submits us to continuous propaganda about how solider are heroes and how us mere civilians should treat them as such. But the State prefers us to do as it says, not as it does because it has no issue treating soldiers like shit. Of course, in the long run, this will be detrimental to the State because it will have a more difficult time finding people for its meat grinder and those already getting ground up may turn out to view their employer less favorably. An unhappy military is a less efficient expropriator of foreign wealth than a happy military.

Make Way for Single Payer

The Affordable Care Act (ACA) has been wrecking havoc on the health insurance market. This is quite a feat considering how chaotic the health insurance market already was before the ACA was passed. But now things have gotten so bad that even the true believers’ faith is coming into question:

Gov. Mark Dayton said Wednesday that the Affordable Care Act is no longer affordable to many Americans — and that fixing it must be a priority for both state and federal lawmakers next year.

Dayton, who has been among the strongest advocates for the package of health care reforms, said that while the Affordable Care Act has been a success in insuring more people and providing access to insurance for people with preexisting medical conditions, it also has “some serious blemishes and serious deficiencies.”

Speaking to reporters, Dayton said insurance companies have driven up costs in order to participate in the state’s MNsure program — and gridlock in Washington, D.C., has made it difficult to pass reforms that could bring those costs back in line.

What reforms could possible bring the costs down? If you’re an intelligent person you know that the only reform that would accomplish that would be the abolition of government interference in the health insurance market. But that’s not going to happen. Instead I predict that the “reform” that will ultimately end up being passed is single payer health insurance.

Advocates of the ACA are already saying the United States should transition to a single payer model because they foolishly believe that such a model is good. On the surface it looks good because the costs involved in healthcare are hidden from tax payers. They only see it as another tax, which they usually don’t notice because it’s pulled out of their paycheck before they even get it. When costs are hidden from the consumer the product begins to be viewed as free.

Once the United States is on the single payer model healthcare will truly begin to diminish because it will be controlled by a body of people who don’t give a fuck about you. What politicians care about is themselves. And unlike us working stiffs whose personal gain comes from providing goods and services our fellow working stiffs want, politicians derive their profits from stealing your money. When you pay the State for health insurance it’s interested in maximizing its profits. However, unlike a private health insurance provider, the State receives no punishment for doing a bad job. You can’t stop paying your taxes if you’re unhappy with the service you’re receiving. So the State, unlike its private alternatives, has no incentive to do anything other than provide you with a cheap and shitty service. A good example of this is Department of Veteran Affairs, which has been providing lackluster healthcare to veterans for decades.

The only thing you can guarantee when the State admits that a problem exists is that you’re going to get screwed by the solution.