Topic: Law and Civil Liberties

Tom Tancredo Says: Legalize Drugs!

Former Rep. Tom Tancredo is no libertarian.  After all, he made his name attacking immigration.  But the former member is now speaking politically painful truths.

Yesterday he spoke to a local Republican group in Denver:

Admitting that it may be “political suicide” former Colorado Congressman Tom Tancredo said its time to consider legalizing drugs.

He spoke Wednesday to the Lincoln Club of Colorado, a Republican group that’s been active in the state for 90 years. It’s the first time Tancredo has spoken on the drug issue. He ran for president in 2008 on an anti-illegal immigration platform that has brought him passionate support and criticism.

Tancredo noted that he has never used drugs, but said the war has failed.

“I am convinced that what we are doing is not working,” he said.

Tancredo told the group that the country has spent billions of dollars capturing, prosecuting and jailing drug dealers and users, but has little to show for it.

“It is now easier for a kid to get drugs at most schools in America that it is booze,” he said.

He said the violent drug battles in Mexico are moving north. A recent ABC News report profiled how easy it has become for violent drug cartels to smuggle cocaine into the United States. Drug enforcement officials told ABC that Denver is a hub city for distribution.

It’s time for politicians like Tancredo to start telling the truth while they are still in office.

Who’s Scared of the Guantanamo Inmates?

Many debates in Washington seem surreal.  One often wonders why anyone considers the issue even to be a matter of controversy.

So it is with the question of closing the prison in Guantanamo Bay.  Whatever one thinks about the facility, why are panicked politicians screaming “not in my state/district!”?  After all, the president didn’t suggest randomly releasing al-Qaeda operatives in towns across America.  He wants to put Guantanamo’s inmates into American prisons.

Notes an incredulous Glenn Greenwald:

we never tire of the specter of the Big, Bad, Villainous, Omnipotent Muslim Terrorist.  They’re back, and now they’re going to wreak havoc on the Homeland – devastate our communities – even as they’re imprisoned in super-max prison facilities.  How utterly irrational is that fear?  For one thing, it’s empirically disproven.  Anyone with the most minimal amount of rationality would look at the fact that we have already convicted numerous alleged high-level Al Qaeda Terrorists in our civilian court system (something we’re now being told can’t be done) – including the cast of villains known as the Blind Shiekh a.k.a. Mastermind of the First World Trade Center Attack, the Shoe Bomber, the Dirty Bomber, the American Taliban, the 20th Hijacker, and many more – and are imprisoning them right now in American prisons located in various communities.  

Guantanamo may be a handy dumping ground for detainees, but it has become a symbol of everything wrong with U.S. anti-terrorism policy.  Closing the facility would help the administration start afresh in dealing with suspected terrorists.

The fact that Republicans are using the issue to win partisan points is to be expected.  But the instant, unconditional Democratic surrender surprises even a confirmed cynic like me.

The Courts Are Right to Intervene

daniel-hauserThe Daniel Hauser standoff, in which a child’s parents are refusing chemotherapy to treat their son’s cancer,  is a classic case pitting the right of parents to oversee the religious practices of the family against the interest of the state in the well-being of children.

The presumption is with parents, but it is not irrebuttable. Just as the state may interfere in family matters in the case of spousal or child abuse, so too it may in a case like this, where the scientific evidence is overwhelming that the long-term interests of the child are being ignored by a parent.

Will there be close calls in such cases? Of course. But on the facts presented here, this case does not appear to be a close call.

Roxana Saberi Was Released

This is fairly old news, but in the event anyone had been hearing about the story only at C@L, I failed to note that last week the U.S. reporter I’d been posting about was released from prison in Iran.  She has left the country, flying to Austria with her family.

Interesting back story on the circumstances surrounding her arrest here.  Whatever the details, it’s good news that she was released.

Cops Gone Wild

Terrific editorial over at the Washington Times.

Excerpt:

The bad behavior of these police officers exposes a double standard. As one Nationals fan, who is a lawyer, told us: “There’s no way those cops could pass a street sobriety test right now. Just imagine how we’d get treated if they pulled us over having consumed half of what they’ve drunk tonight - and they’re packing heat.”

We don’t begrudge police officers having a little fun, but they need to abide by the same laws they enforce on the rest of us. When they go out for a few beers, they might want to leave their uniforms and guns at home.

The idea of a National Peace Officers Memorial Week is a fine idea but it is regrettable that the memorial and event is in Washington, D.C.   Just reinforces the wrongheaded notion that the federal government must be involved in everything.

Gun Free School Zone Follies

As I have noted before, “gun free” zones are an exercise in fantasy. To some, a place without guns sounds like a great place to live.  Unfortunately, others think they sound like a great place to plunder.

Some recent developments highlight the ability of armed citizens to defend themselves and how localized gun bans near schools or on universities make victims of law-abiding citizens.

A group of Georgia college students at a birthday party owe their lives to the fact that one of them had a gun. (H/T Of Arms & the Law) Two gunmen burst in to the apartment and separated males and females into different rooms. The gunmen began discussing whether they had enough bullets to kill everyone at the party. One of the students pulled a gun from his backpack and shot at the home invader holding the men, chasing the gunman out of the apartment. The armed student went to the next room, where the other gunman was preparing to rape his girlfriend. The student shot the second gunman, killing him.

If the birthday party had been in a dorm, the student probably would have left his gun at home because of the Georgia statute that bans guns on campus.  The students would likely be dead as a result.

A second story comes from Wisconsin, one of the two states with no provision allowing for concealed carry. A man on a bicycle was hit and thrown to the ground by four young men. The bicyclist was carrying a handgun openly, a practice approved by the Wisconsin Attorney General. The bicyclist drew his revolver, pointed it in the air and yelled, “gun!” The four assailants fled. The bicyclist flagged down a police officer to report the incident.

The positive outcome to this story is countered by the fact that the bicyclist was accosted within 1,000 feet of a school. His possession of a gun is criminalized by both Wisconsin and federal statutes.

Although the local district attorney said that the bicyclist will not be prosecuted, the Milwaukee police chief and other Wisconsin law enforcement officials have promised to focus additional scrutiny on persons who openly carry a firearm.

All of this highlights the folly of “gun free” school zones. Using the law to target citizens who will not be protected by the police is a perverse policy. It gives thugs every incentive to focus their criminal activities in the areas around the schools the legislation intends to protect.

Sarbanes-Oxley under Attack… from the Supreme Court!

Today the Supreme Court agreed to review a case brought by our friends at the Competitive Enterprise Institute that challenges the constitutionality of the Public Company Accounting Oversight Board (PCAOB, pronounced “peek-a-boo”).  The constitutional problem with the PCAOB – there are many policy problems – is that its officers are appointed in an unconstitutional manner. 

Under the Appointments Clause of Article II, section 2, the president has the exclusive power to appoint and remove government officials.  The members of the PCAOB – which enforces the massive regulatory scheme Sarbanes-Oxley imposes on public companies – are appointed by the SEC, however, which then has limited supervisory/removal power.  While this structural defect may seem like a minor technicality, what it means is that the awesome power to set accounting standards – not least Sarbox section 404, which has cost the economy over a trillion dollars – impose taxes, and levy criminal and civil penalties is vested in a bunch of unaccountable bureaucrats.  Entities with similar authority, even those having a modicum of political independence, such as the IRS Commissioner and Federal Reserve governors, are all vetted by the president and the Senate.

The court below (the D.C. Circuit), however, held that PCAOB members are inferior officers and, as such, Congress “may limit and restrict the power of removal as it deems best for the public interest.”  But this gets the Constitution backwards; Congress isn’t allowed to insulate important decisionmakers from political accountability.  As CEI’s press release says:

If the President can pick and remove the PCAOB members, as the Appointments Clause requires, he will be on the hook for their policy failures, and thus have an interest in making them develop sound policies that protect investors and don’t stifle economic growth.  He won’t be able to blame the red tape on an unaccountable agency whose officials he doesn’t select or control.

The Court will hear the case, Free Enterprise Fund v. PCAOB – which I previously blogged about here – in late fall.