Topic: Law and Civil Liberties

Former Narcotics Cop Creates a Tell-All Video

Barry Cooper was a narcotics cop in Texas who made countless arrests. But when he started busting the relatives and friends of politicians, he found himself in trouble with the law. Disgusted with this turn of events, Cooper came up with an idea to get even with the authorities. He created a DVD called Never Get Busted Again. The DVD reveals dozens of ways to avoid detection and arrest by narcotics officers. The DVD is causing a stir in law enforcement circles, but Cooper is unbowed. He has plans for another DVD called Never Get Raided Again. Interestingly, Cooper admits that he feels quite guilty about raids that he was personally involved in: “I used to break into houses at three o’clock in the morning with 10 other men, after throwing a flash grenade through the window,” Cooper says. “I would drag Mom and Dad away and send the kids to the department of human services — over a bag of pot — and totally ruin that entire family.” And those are just the raids where no one is injured or killed. Cato has documented plenty of raids that go awry.

In my book, After Prohibition, three former law enforcement officers explain how they started out as drug warriors but eventually came to the view that the drug war was not only not working, but it actually has disastrous side-effects. Colorado Sheriff Bill Masters is another example. Early in his career, Masters received awards from the DEA for his drug busts. Later, Masters turned against the war and wrote a terrific book called Drug War Addiction. There are so many cops breaking ranks these days, that there is now an organization called Law Enforcement Officers Against Prohibition (LEAP).

For Cato scholarship on the drug war, go here. I also recommend this recent essay by Ethan Nadelmann. And for more info on how to handle yourself in a confrontation with the police, go here.

Update: Several individuals who work in the drug reform movement have emailed me to say that they dispute the quality and accuracy of Cooper’s Never Get Busted Again DVD.  I thank them for alerting me and wanted to pass it along.  Buyer beware.  For what it’s worth, I can and do recommend the Busted DVD from Flex Your Rights.

Inspector General at the Door?

How many federal police agencies can you name?

The list is getting longer. CIA, FBI, NSA, ATF, DEA, INS, TSA, Secret Service, Customs, Border Patrol, U.S. Marshals Service, to name a few. But there are many more. IRS agents are armed. So are EPA agents. Agents with the Bureau of Land Management are not only armed, they have a SWAT team. Now agents with the Office of the Inspector General are getting into the police business, as Ryan Scott found out when his dog was shot and killed by an unnamed investigator.

Expect more stories like this. The number of federal criminal laws has been steadily expanding (pdf). To enforce those laws, Congress hires more agents. The agents, in turn, conduct more raids. To process the cases, Congress hires more prosecutors. And then, of course, Congress builds more prisons.

What we need to do is roll all of this back. Way back. For Cato scholarship on the federalization of crime, go here (pdf), here, and here.

Spitzer’s Speedy Flip-Flop

Wow. A brief 36 days is all it took New York Governor Eliot Spitzer (D) to abandon his stance on driver licensing and New Yorkers’ public safety. As I wrote at the time, Spitzer got it right when he announced that he would de-link driver licensing and immigration status because of the safety benefits to the state’s drivers.

But shrill attacks from anti-immigrant groups came fast and furious. A small group of 9/11 victims’ family members, grief curdled into hatred of immigrants, regularly bandy fear and their loved ones’ memories for political purposes. And they did so with relish when Spitzer announced his plan. It’s crassness that one would expect a New York pol to stare down.

But Spitzer, unable to withstand the heat, seems to have gone scrambling for an out. The New York Times reports that Spitzer will team up with DHS officials today to announce New York’s planned compliance with the REAL ID Act. It requires proof of legal presence to get a compliant license.

This a flat out reversal of the position Spitzer took just over a month ago. The justification he gave - correctly - for de-linking licensing and immigration status was New Yorkers’ safety. With driver licensing treated as an immigration enforcement tool, illegals don’t get licensed, don’t learn the rules of the road or basic driving skills, and don’t carry insurance. When they cause accidents, they flee the scene, leaving injured and dead New Yorkers and causing higher auto insurance rates. As I noted a few weeks ago during his brief flirtation with principle and fortitude, “Spitzer is not willing to shed the blood of New Yorkers to ‘take a stand’ on immigration, which is not a problem state governments are supposed to solve anyway.”

He may try, but Spitzer can’t honestly claim that he’s been consistent. New York’s compliance with REAL ID, were it actually to materialize, would put REAL ID compliant cards in the hands of citizens and make New York driver data available to the federal government. Thus, possession of a non-REAL-ID-compliant license would be tantamount to a confession of illegal status. Thanks to Spitzer’s flip-flop, illegal aliens will now recognize that getting a license merely provides federal authorities the address at which to later round them up for deportation.

Needless to say, they’re not going to get licenses, and the safety benefits Spitzer correctly sought for New Yorkers just 36 days ago will not materialize. The result is what’s known in regulatory circles as risk transfer. There will be more injuries on New York’s roadways so that the U.S. can have a national ID system. Alas, the security benefits of that system, as I showed in testimony to the Senate Judiciary Committee, are negative.

I was impressed and surprised by how right Spitzer had gotten it when he de-linked driver licensing and immigration status in New York. I’m once again impressed, but in a much different way, by how quickly he went scampering away from this good policy. The reactionary critics of his policy obviously really got to him.

Police ‘CYA’ Reports

Police force pregnant woman to the pavement at gunpoint.  When they realize there will be no arrest because the woman is innocent, one officer is overheard saying that he’ll prepare a report to “cover their asses.”  Listening to the audiotape, one gets the impression that this is not the first time the officer has filed a CYA report.  The truth is that police misconduct and deception are much more common than most people realize.  Something to keep in mind when you encounter the ‘ol “well, if haven’t done anything wrong, you don’t have anything to worry about.”  Also something to keep in mind if you are called for jury service.  Be skeptical.  Look for strong evidence.  Be fair.

Rudy: ‘Freedom is about authority.’

Here’s a disturbing excerpt from a speech that Giuliani delivered in 1994:

What we don’t see is that freedom is not a concept in which people can do anything they want, be anything they can be. Freedom is about authority. Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do.

This statement is consistent with the Giuliani record. (For more, read this.)

Giuliani and Hillary share an authoritarian worldview.  And since they’re the frontrunners in their respective parties, that means freedom is in jeopardy.

For more talk about how freedom means state power, go here.

Putin, Another FDR?

The Washington Post reports:

President Vladimir Putin, Kremlin political consultants and state-controlled news media have found an American to admire: Franklin Delano Roosevelt.

FDR, according to a consistent story line here, tamed power-hungry tycoons to save his country from the Great Depression. He restored his people’s spirits while leading the United States for 12 years and spearheaded the struggle against “outside enemies,” as the mass-circulation tabloid Komsomolskaya Pravda put it….

And Roosevelt ran for a third and fourth term because his country needed him. Translation: Putin, too, should stay.

Putin used the Roosevelt analogy Thursday when he spoke to reporters after a televised question-and-answer session with citizens….

In a glowing 90-minute documentary on FDR that aired Sunday on RTR, a state TV channel usually given to growling at Washington, a narrator said that America’s 32nd president “came to the conclusion that he was the only person in the country who could lead America in the right direction through the most difficult period in the country’s history.”

“He became the only president of the United States elected for a third time. Americans trusted him,” the narrator said. “They believed that at a turning point in history he would not make a mistake.”

Which seems an appropriate time to mention my review in the October issue of Reason of the book Three New Deals: Reflections on Roosevelt’s America, Mussolini’s Italy, and Hitler’s Germany, 1933–1939, by Wolfgang Schivelbusch. It’s in the actual print magazine; go out and buy a copy. But committed devotees of the online experience can find it here. I noted that Schivelbusch found surprising similarities in the ideas, style, programs, and even architecture of the three charismatic collectivists.

“To compare,” Schivelbusch stresses, “is not the same as to equate. America during Roosevelt’s New Deal did not become a one-party state; it had no secret police; the Constitution remained in force, and there were no concentration camps; the New Deal preserved the institutions of the liberal-democratic system that National Socialism abolished.” But throughout the ’30s, intellectuals and journalists noted “areas of convergence among the New Deal, Fascism, and National Socialism.” All three were seen as transcending “classic Anglo-French liberalism”—individualism, free markets, decentralized power….

In Rome, Berlin, and D.C., there was an affinity for military metaphors and military structures. Fascists, National Socialists, and New Dealers had all been young during World War I, and they looked back with longing at the experiments in wartime planning. In his first inaugural address, Roosevelt summoned the nation: “If we are to go forward, we must move as a trained and loyal army willing to sacrifice for the good of a common discipline. We are, I know, ready and willing to submit our lives and property to such discipline, because it makes possible a leadership which aims at a larger good. I assume unhesitatingly the leadership of this great army.…I shall ask the Congress for the one remaining instrument to meet the crisis—broad executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.”

Surveillance and Doublespeak

The Washington Post has a story today about the government’s data collection activities. Unfortunately, the article repeatedly says the FBI is “requesting” information from the phone companies. That’s misleading. The FBI is using subpoenas and national security letters. Thus, federal agents are demanding information from the businesspeople. A refusal to comply means fines and jail. This is an area of law and policy that needs much more attention.