DC Gun Laws

Eugene Volokh has thoughts on what constitutes a violation of the DC law regarding firearms possession.  Today’s Washington Post says police and lawyers are unsure about what is legal and what is illegal–at least with respect to members of Congress and their staff. The DC police say Senators may have guns in their offices, but it would be a crime for the members to carry or transport a handgun from their residence to their office.  To get around that bizarre reading of the law, one lawyer suggests that Senators have a DC police cruiser transport their weapons to and from their offices.  Good grief. 

Everyone seems to agree that Senator Webb’s staffer, Phillip Thompson, meant no harm.  Given that, shouldn’t Thompson invoke his constitutional right to a trial by jury?  I wish he would, but that is not likely to happen.  Prosecutors can extort guilty pleas from people like Thompson by using plea-bargaining tactics (pdf).  DC prosecutors will give Thompson an offer he can’t refuse: waive your right to a trial and plead guilty and you’ll get probation.  If Thompson says he’d like to have a jury trial, prosecutors will warn him that if he goes that route, the city will throw the book at him and add a criminal “count” for every single bullet (“unregistered ammunition”) that was in his possession.  Not many people are willing to risk years in prison by taking a case to a jury.  

Bottom line: A crazy quilt of laws and extorted guilty pleas.

Still Dissing Reagan

Twenty-seven years after his election as president, journalists still like to take a poke at Ronald Reagan whenever they get the chance. A Washington Post story today on lawyer-actor-senator Fred Thompson’s possible presidential candidacy notes that equal time rules could require TV stations to take “Law and Order” off the air during if Thompson becomes a candidate and then says

In the 1970s and 1980s, stations dropped “Bedtime for Bonzo” and other Reagan movies during his campaigns for governor of California and for president.

Yes, no doubt they did drop Reagan’s most amusingly titled movie. But they presumably also dropped such movies as Dark Victory, Brother Rat, Knute Rockne All American, The Hasty Heart, and Kings Row. But those just don’t sound as goofy.

I wonder how many liberal journalists have ever watched Bedtime for Bonzo. It’s actually quite funny to see Reagan as a young liberal college professor trying to prove the “nurture” side of the nature-vs.-nurture and saying that there are no bad kids, just bad environments.

It’s Only Disclosure!

Policymaking in First Amendment area begins with a presumption of liberty. That is, strong reasons must be given to restrict basic liberties.

Mandatory disclosure of campaign finance activity requires such strong reasons. The U.S. Supreme Court has given three reasons for mandated disclosure: to deter corruption, to inform citizens so they can predict what a candidate might do in office, and to help enforce contribution limits.

Not much is known about how the policy of mandated disclosure actually relates to these “state interests.” No one has been much interested in examining their effects because no one much objected. Mandatory disclosure was thought of as the least intrusive means to regulate campaign finance and political activity. Hence, even people inclined to criticize campaign finance regulation were heard saying, “it’s only disclosure.”

Since the agenda of possibilities was limited, alternatives were not considered in light of the costs and benefits of disclosure. Now that’s changing. Dick Carpenter and the Institute for Justice have conducted a survey to learn more about the likely effects of disclosure, especially in the context of a ballot initiative. The results do not encourage complacency about mandated disclosure. The study is well worth a look.

Bob Bauer comments on the Institute for Justice study during his insightful remarks on the fifth anniversary of you-know-what.

Congress vs. President

Since the news media keeps saying that we’re heading for a “constitutional showdown” between President Bush and the Congress, it’s time for a pop quiz. 

Who wrote the following passage?

“Congress’s power to compel members of the executive branch to obey its legitimate requests for information has long been deemed critical to the functioning of our democracy and has been upheld by the Supreme Court.”

A. Hillary Clinton

B. Dick Cheney

C. Thurgood Marshall

D. John Yoo

The correct answer is D, John Yoo.  See “How Congress’s Subpoena Power Works,” Wall Street Journal, May 28, 1997.  Interestingly, ten years later, there’s another op-ed in the Journal, but today’s piece (subscription required) argues that the Bush Administration can resist congressional subpoenas that relate to the current controversy concerning the firing of the U.S. Attorneys.

McCain vs. Ware

Yesterday, Senator McCain took issue with Wolf Blitzer’s statement that “everything we hear, that if you leave the so-called green zone, the international zone, and you go outside of that secure area, relatively speaking, you’re in trouble if you’re an American.”  Here’s McCain’s response:

MCCAIN: You know, that’s why you ought to catch up on things, Wolf.

General Petraeus goes out there almost every day in an unarmed Humvee. You want to – I think you ought to catch up. You see, you are giving the old line of three months ago. I understand it. We certainly don’t get it through the filter of some of the media.

But I know for a fact of much of the success we’re experiencing, including the ability of Americans in many parts – not all. We’ve got a long, long way to go. We’ve only got two of the five brigades there – to go into some neighborhoods in Baghdad in a secure fashion.

Then Michael Ware, a reporter who has been in Iraq for years, came in for a later segment, and challenged Senator McCain’s claim:

MICHAEL WARE, CNN CORRESPONDENT: Well, I’d certainly like to bring Senator McCain up to speed, if he ever gives me the opportunity. And if I have any difficulty hearing you right now, Wolf, that’s because of the helicopter circling overhead and the gun battle that is blazing just a few blocks down the road.

Is Baghdad any safer?

Sectarian violence – one particular type of violence – is down. But none of the American generals here on the ground have anything like Senator McCain’s confidence.

I mean, Senator McCain’s credibility now on Iraq, which has been so solid to this point, has now been left out hanging to dry.

To suggest that there’s any neighborhood in this city where an American can walk freely is beyond ludicrous. I’d love Senator McCain to tell me where that neighborhood is and he and I can go for a stroll.

And to think that General David Petraeus travels this city in an unarmed Humvee. I mean in the hour since Senator McCain has said this, I’ve spoken to some military sources and there was laughter down the line. I mean, certainly, the general travels in a Humvee. There’s multiple Humvees around it, heavily armed. There’s attack helicopters, predator drones, sniper teams, all sorts of layers of protection.

So, no, Senator McCain is way off base on this one – Wolf.

Predictably, right-wing blogs and radio programs went into a tizzy that Ware, a man who has, after all, only been on the ground in Iraq for four years, would have the temerity to challenge Senator McCain.  Fortunately, the Washington Post has posted retired Gen. Barry McCaffrey’s paper for the U.S. Military Academy (.pdf) on its website today.  Perhaps it can help clarify the situation?

No Iraqi government official, coalition soldier, diplomat, reporter, foreign NGO, nor contractor can walk the streets of Baghdad, nor Mosul, nor Kirkuk, nor Basra, nor Tikrit, nor Najaf, nor Ramadi—without heavily armed protection.

It seems Senator McCain either a) doesn’t know what he’s talking about, or b) is not telling the truth.  In either case, continuing cause for alarm from a man who wants to be president.