“John Doe” Justice at Last

A quick notice: The Wisconsin Supreme Court’s much anticipated decision in the long running “John Doe” investigations of alleged campaign finance violations came down this morning, and it’s a resounding rejection of the prosecution’s entire theory of the case. By way of very brief background of a very complex case, here’s the opening paragraph from an April 27 post I wrote for Cato@Liberty:

Just when you thought the long-running “John Doe” prosecution/persecutions in Wisconsin couldn’t get any worse—SWAT teams conducting pre-dawn raids on family homes, gag orders on the victims, and the prosecutor’s recusal motion directed against no fewer than four state supreme court justices, all over politically driven campaign finance allegations—Milwaukee County District Attorney John Chisholm suggested over the weekend that Gov. Scott Walker could be criminally charged for lying. Walker’s “crime”? In Iowa on Saturday, he questioned whether the prosecution’s tactics were constitutional.

You can’t make stuff like this up. Well here’s just a bit of the language this morning from Justice Michael J. Gableman:

[W]e invalidate the special prosecutor’s theory of the case, and we grant the relief requested by the Unnamed Movants. 

To be clear, this conclusion ends the John Doe investigation because the special prosecutor’s legal theory is unsupported in either reason or law.  Consequently, the investigation is closed.  Consistent with our decision and the order entered by Reserve Judge Peterson, we order that the special prosecutor and the district attorneys involved in this investigation must cease all activities related to the investigation, return all property seized in the investigation from any individual or organization, and permanently destroy all copies of information and other materials obtained through the investigation.  All Unnamed Movants are relieved of any duty to cooperate further with the investigation.

Language like that makes one appreciate the importance of an independent judiciary. You can read the whole opinion here

Tariffs on Clean Energy

Here is Paul Krugman the other day, touting President Obama’s efforts to promote clean energy:

Some things I’ve been reading lately remind me that there’s another major Obama initiative that is the subject of similar delusions: the promotion of green energy. Everyone on the right knows that the stimulus-linked efforts to promote solar and wind were a bust — Solyndra! Solyndra! Benghazi! — and in general they still seem to regard renewables as hippie-dippy stuff that will never go anywhere.

So it comes as something of a shock when you look at the actual data, and discover that solar and wind energy consumption has tripled under Obama.

True, it started from a low base, but green energy is no longer a marginal factor — and with solar panels experiencing Moore’s Law-type cost declines, we’re looking at a real transformation looking forward.

You can argue about how much this transformation owes to federal policy. …

I don’t know all the reasons why solar and wind energy consumption has tripled in recent years, but yes, you can argue about the role of federal policy here. The federal policy that I follow most closely is trade policy, and what trade policy has been doing is imposing really high import taxes on solar and wind products, thus raising their costs.  Here’s what my colleague Bill Watson and I wrote about this a while ago:

Over the last couple of years, trade remedy actions on clean energy products have intensified. In the wind industry, the Wind Tower Trade Coalition, an association of U.S. producers of wind towers, brought an AD/CVD complaint against imported wind towers in 2011. The U.S. Commerce Department started an investigation, and announced a preliminary decision in December 2012.

This decision found both subsidization and dumping in relation to Chinese imports and imposed an antidumping tariff of between 44.99% and 70.63%, as well as countervailing duties of 21.86%–34.81%. The Commerce Department also established a separate antidumping duty of 51.40%–58.49% on Vietnamese wind tower manufacturers.

In the solar industry, in October 2011, the Coalition for American Solar Manufacturing, a group of seven U.S. solar panel manufacturers led by Solar World Industries America, accused Chinese solar panel companies of dumping products in the United States. The Commerce Department opened an investigation in 2011 and announced the final ruling in 2012. The decision was to impose antidumping tariffs ranging from 24% to 36% on Chinese producers.

If we wanted to promote clean energy, the first thing we could and should do is stop imposing tariffs on these imports! 

Obama’s Sales Pitch on the Iran Deal

With a potentially historic agreement on Iran’s nuclear program in place, President Obama immediately focused his attention on the fight at home. When he announced the deal Tuesday morning, the president warned Congress that he would “veto any legislation that prevents the successful implementation of this deal.” A few hours later, he sat down with the New York Times’s Thomas Friedman to sell it on its merits.

“We are not measuring this deal by whether it is changing the regime inside of Iran,” the president said. “We’re not measuring this deal by whether we are solving every problem that can be traced back to Iran, whether we are eliminating all their nefarious activities around the globe.”

The aim of the negotiations was on ensuring that “Iran could not get a nuclear weapon.”

And that is where he wants the ensuing debate over the final terms of the agreement to be focused. “What I’m going to be able to say, and I think we will be able to prove,” he told Friedman, “is that this by a wide margin is the most definitive path by which Iran will not get a nuclear weapon, and we will be able to achieve that with the full cooperation of the world community and without having to engage in another war in the Middle East.”

That is what the president would like people to believe. But it may not be so simple.

Congress has 60 days to review the deal for final approval, but many GOP leaders have declared the agreement dead on arrival. Some Republicans, as I noted, lambasted the administration for appeasing the Iranian regime even before the details were announced. Accordingly, the administration will likely focus most of its time on reassuring skeptical Democrats to block the passage of legislation that would undo the deal, or, failing that, to sustain a veto.

An override seems unlikely, but the coming congressional debate will not be limited to the merits of the deal.

As Justin Logan and John Glaser wrote on CNN.com:

The debate over Iran diplomacy was really two debates, in which each side was arguing over something different. On the one side was a strikingly broad consensus of nearly the entire arms control community, which recognizes what the deal can achieve in terms of nonproliferation and regional stability. On the opposing side is the Iran hawk community, which focused less on the nuclear issue than on finding ways to isolate and ultimately destroy Iran’s clerical regime, by military force if necessary, nuclear program or not.

The agreement is a clear success for nonproliferation advocates. Unfortunately, that’s not what matters to some of those who now control its fate. 

“Think Tank Attacks Kaptur over National ID Card”

I really like Sandusky Register reporter Tom Jackson’s piece responding to my post yesterday about congressional appropriators and our national ID law, the REAL ID Act. Jackson is paying attention to all that is said about Ohio’s congressional delegation. Not just following the herd, he’s looking out for new and different things that might be interesting to the folks back home.

The gist of his argument is that calling Ohio Democratic Rep. Marcy Kaptur 75 percent supportive of REAL ID is unfair because she voted against it when it passed the House as a stand-alone bill in 2005. She did vote against it that once, but she also allowed a voice vote on the rule that attached REAL ID to a later appropriations bill, and she voted for that bill and the conference report, both votes helping to make REAL ID a federal law.

Rep. Kaptur doesn’t stand out as a pro-national-ID legislator—true—but that is precisely how log-rolling in Washington works. Bills that tie controversial matter like a national ID law to broadly supported priorities like military funding and money for tsunami relief allow representatives like Kaptur to vote for a national ID twice without standing out.

I didn’t do a good enough job of explaining the procedure by which REAL ID was passed, and Jackson understood me to be blaming Kaptur for funding REAL ID. In fact, my post focused on votes for passage of REAL ID itself. But Kaptur and other appropriators will be voting soon on the FY 2016 Department of Homeland Security appropriations bill, which year after year provides funds to push state implementation of REAL ID. The bill has lots of other priorities in it, but Rep. Kaptur and her colleagues on the Appropriations Committee’s Homeland Security Subcommittee are responsible for all of the bill’s content. Given that any of them could de-fund REAL ID and the national ID project with a simple amendment, I believe it’s appropriate to hold all of them to account for not doing so.

Alexander Hamilton: Defender of Property Rights

Treasury Secretary Jack Lew’s proposed degradation of the ten-dollar bill (read: the removal of Alexander Hamilton as the featured figure on the ten-spot) is wrongheaded. In addition to being the first and most distinguished U.S. Treasury Secretary and a renowned journalist, Hamilton also excelled as a lawyer and defender of property rights.

Yes, Alexander Hamilton was a distinguished lawyer. He took on many famous cases out of principle. After the Revolutionary War, the state of New York enacted harsh measures against Loyalists and British subjects. These included the Confiscation Act (1779), the Citation Act (1782), and the Trespass Act (1783). All involved the taking of property. In Hamilton’s view, these acts illustrated the inherent difference between democracy and the law. Even though the acts were widely popular, they flouted fundamental principles of property law. Hamilton carried his views into action and successfully defended — in the face of enormous public hostility — those who had property taken under the three New York state statutes.

Hamilton’s influence on creating a respected national judiciary and shaping American jurisprudence was significant and widely recognized during his lifetime. For example, the Chief Justice of the U.S. Supreme Court John Marshall was known to have said that he was a mere schoolboy next to Hamilton. Indeed, in three of Marshall’s landmark decisions – Marbury v. Madison (1803), Fletcher v. Peck (1810), and McCulloch v. Maryland (1819) – he turned to Hamilton’s legal writings for guidance.

Alexander Hamilton is one of America’s most acclaimed Founding Fathers. He should remain as-is on the ten-dollar bill. Anything else would be an insult, the kind of thing that once engendered a duel.

Spin Cycle: Is Climate Change Already Taking Lives in New England?

The Spin Cycle is a reoccurring feature based upon just how much the latest weather or climate story, policy pronouncement, or simply poo-bah blather spins the truth. Statements are given a rating between 1-5 spin cycles, with fewer cycles meaning less spin. For a more in-depth description, visit the inaugural edition.

The headline from a CBS News story read “Study: Climate change may be costing lives in the U.S.” The tone is in perfect keeping with the White House wanting the media to focus on the (negative) health impacts from climate change to help drive home the “moral imperative” of administration’s greenhouse gas emissions regulations.

There is one key problem: the findings from the “study” do nothing to shed light on whether “climate change” is taking lives in New England (the region that the study focused on) or anywhere else in the United States. In fact, taking the literature as a whole (including the results of the new study), the more appropriate headline would have been “Studies: Climate change may be saving lives in the U.S.”

The new study in question appears in the journal Nature Climate Change written by a research team headed by Liuhua Shi from the Harvard School of Public Health. Shi and colleagues examined how temperature and temperature variability during the summer and winter seasons impacts the annual mortality of Medicare recipients (i.e., a population aged 65+) residing in New England.

In general, Shi and colleagues found that warmer summers slightly increased mortality while warmer winters slightly lowered it. They also found that more variable temperature (in either winter or summer) led to increases in overall mortality.

Aside from the very real possibility that the statistical significance of these findings was inflated by the mythological design (over inflation of the number of independent data points), the most obvious flaw is that the study didn’t look for any trends in their results. This means, of course, that they aren’t very applicable when it comes to trying to ascertain future behavior (under climate change or not).

ITC Vote Clears Way for New Tire Taxes…and More Frivolous Cases

In a 3-to-3 vote today, the U.S. International Trade Commission determined that the domestic industry producing passenger car and light truck tires was materially injured by reason of dumped and subsidized imports from China. Wait, what?  Yes, that’s right.  Despite the Washington protectionism lobby’s self-portrayal as victims of unfair foreign trade practices who are forced to surmount the highest of hurdles before they can “obtain relief” at everyone else’s expense, tie votes go to the protectionists.  A negative determination would have required four votes. Here’s what I wrote about the case on Friday.