The House of Representatives recently passed the No Sanctuary for Criminals Act (H.R. 3003) and Kate’s Law (H.R. 3004) to tighten immigration enforcement in response to the fear that illegal immigrants are especially likely to commit violent or property crimes. Both laws stem from the tragic 2015 murder of Kate Steinle by an illegal immigrant named Juan Francisco Lopez-Sanchez after he had been deported multiple times.
Debates on the House floor over both bills veered into the social science of immigrant criminality. The majority of research finds that immigrants are less likely to be incarcerated than natives and that increases in their population in local areas are correlated with lower crime rates – even for illegal immigrants.
Despite that wealth of empirical evidence, a two-year-old Fox News piece entitled “Elusive Crime Wave Data Shows Frightening Toll of Illegal Immigrant Criminals” by investigative reporter Malia Zimmerman was offered as evidence of illegal immigrant criminality. Ms. Zimmerman’s piece makes many factual errors that have misinformed the public debate over Kate’s Law and the No Sanctuary for Criminals Act. Below, I quote from Ms. Zimmerman’s piece and then respond by describing her errors and what the actual facts are.
They got off to a solid start, going through the back-and-forth on whether or not the Obama administration attempted to get a Status of Forces Agreement in Iraq that would have exempted U.S. troops from being subject to Iraqi law and therefore left them in the country. Governor Romney was right on that one, and Fox called it for Romney.
Then Chris Wallace decided to “fact check” the repartee over Romney’s point that the U.S. Navy has fewer ships than it has had since 1917. Just as a refresher, here are the relevant bits:
ROMNEY: Our Navy is old — excuse me, our Navy is smaller now than at any time since 1917. The Navy said they needed 313 ships to carry out their mission. We're now at under 285. We're headed down to the low 200s if we go through a sequestration. That's unacceptable to me.
I want to make sure that we have the ships that are required by our Navy. Our Air Force is older and smaller than at any time since it was founded in 1947.
OBAMA: …I think Governor Romney maybe hasn't spent enough time looking at how our military works.
You mentioned the Navy, for example, and that we have fewer ships than we did in 1916. Well, Governor, we also have fewer horses and bayonets, because the nature of our military's changed. We have these things called aircraft carriers, where planes land on them. We have these ships that go underwater, nuclear submarines.
And so the question is not a game of Battleship, where we're counting ships. It's what are our capabilities…
So how did Fox fact check this go round? Here’s what Chris Wallace said:
Well, as it turns out, in the middle of the debate, after he heard this, a Marine tweeted Fox News and said, “The Marines still use bayonets,” so it may not be clear who doesn’t really understand what the military currently uses.
I always thought Chris Wallace was a pretty sharp guy, but this makes me question that judgment. The point wasn’t that bayonets don’t exist anymore, or that they aren’t issued to Marines—they are. The point was that fighting wars is very different than was fighting wars in the early 20th century. Bayonets are not causes of mass death in combat as they were, say, right around 1916 (see photo). The point was that simply tallying the number of ships isn’t apples to apples because one American warship can do so much more today than one warship could back then.
The more precise point would be that we currently measure our navy in terms of tonnage. But don’t take it from me, take it from former Bush/Obama defense secretary Robert Gates:
As much as the U.S. Navy has shrunk since the end of the Cold War, for example, in terms of tonnage, its battle fleet is still larger than the next 13 navies combined—and 11 of those 13 navies are U.S. allies or partners.
Wallace’s idea that what he was doing was somehow a “fact check” overlooks the point that there wasn’t a fact in dispute. There was an argument, slightly more complicated than a simple factual dispute. And Obama’s argument, that the nature of militaries and combat has changed dramatically—nuclear weapons, anyone?—since 1916 and that we measure combat power differently as a result, was clearly correct. Even trying to count the number of bayonets would have been a silly effort to miss the point.
It is disappointing in the extreme to see VP candidate Paul Ryan on television this morning in one breath seemingly understanding Obama’s point, then immediately claiming not to understand the point (“to compare modern American battleships and navy with bayonets, I just don’t understand the comparison…”)
Election 2012: Thank God it’s almost over.
I’m a bit late to this party, but Senate Minority Leader Mitch McConnell ® was of course right to tell Fox News’ Chris Wallace last weekend that the federal government should not pursue universal coverage:
Wallace: In your replacement [for ObamaCare], how would you provide universal coverage?
McConnell: Well, first let me say the single best thing we can do for the American health care system is to get rid of ObamaCare…
Wallace: But if I may sir, you talk about “repeal and replace.” How would you provide universal coverage?
McConnell: …We need to go step by step to replace it with more modest reforms…that would deal with the principal issue, which is cost…
Wallace: …What specifically are you going to do to provide universal coverage to the 30 million people who are uninsured?
McConnell: That is not the issue. The question is, how can you go step by step to improve the American health care system…
Wallace: …If you repeal ObamaCare, how would you protect those people with pre‐existing conditions?
McConnell: …That’s the kind of thing that ought to be dealt with at the state level…
McConnell would have seemed less evasive and could have stopped Wallace in his tracks had he said, “We will not pursue universal coverage because that causes more people – not fewer – to fall through the cracks in our health care sector.”
Today POLITICO Arena asks:
Given that Planned Parenthood’s online donations have shot up over the last two months, is Mike Pence (R‑Ind.) correct to say it could — and should — operate without taxpayer funds?
Given that many Americans believe that abortion is murder, of course Planned Parenthood, the nation’s leading abortion provider, should not be publicly funded. (And please don’t say that no taxpayer funds go for abortions: money is fungible.)
Democrats think that almost everything should be publicly funded – education, health care, retirement, the arts. What’s next? News? Entertainment? Oh, I forgot: NPR and PBS. But only that programming that meets their exacting standards. FOX News? Faget about it! Where you from? Kansas? And they wonder why there’s a Tea Party.
After House Republicans’ weak first attempt at offering cuts to gargantuan federal spending — a proposal that included nary a flick at education‐related outlays — and the Obama administration’s hinting that it would leave education totally untouched, there is a tiny bit of good news: Both the GOP and the administration are apparently willing to trim funding putatively intended to help educate people. But these are just tiny bones they’re throwing to people who know that the federal government likely does zero net good when it comes to actually educating people, and that there is no acceptable excuse not to make big cuts to federal “education” programs.
House Republicans, for their part, scheduled lots of education programs for shaves in their second attempt at making a reasonable budget proposal. All told, though, the cuts would amount to only about $4.9 billion out of a total Department of Education budget of about $63 billion. For those keeping track at home, that’s just a 7.7 percent cut.
Now, maybe that would be reasonable if ED‐administered programs worked, but as we at Cato’s Center for Educational Freedom have laid out repeatedly, they do not. Overall, they pour money into already cash‐bloated K‑12 and higher education systems; insulate public elementary and secondary schools from ever having to compete for and earn their money; and fuel rampant college tuition inflation by constantly increasing aid that lets schools raise their prices with impunity. Perhaps the most telling sign that the House GOP is not serious about really cutting Washington down to size, though, is that the laughable Exchanges with Historic Whaling and Trading Partners program is not on their chopping block. If you won’t pick off this ridiculous, almost‐on‐the‐ground‐it’s‐hanging‐so‐low fruit, you simply aren’t really trying.
For the Obama administration, while the details of their proposed cuts aren’t yet out, early Fox News reporting says the administration will propose cutting Pell‐Grant spending by $100 billion over ten years. That’s a bit surprising, because President Obama has made getting as many people to graduate college as possible — regardless, sadly, of whether that means there’s actually greater learning — a key education goal. Moreover, constantly growing Pell has long been a way for federal politicians to demonstrate that they “care” about educating all Americans. So, maybe, one cheer for the administration.
Unfortunately, as is often the case when it comes to budgeting, this might be a trick. An unnamed administration official reportedly told Fox that the administration will propose keeping the maximum Pell at $5,550 a year and would realize savings by ending year‐round Pell eligibility. With year‐round Pell, a student could get two grants in a calendar year for taking a regular academic‐year load as well as summer school. According to the Fox News story, the “official said the costs” of year‐round Pell “exceeded expectations and there was little evidence that students earn their degrees any faster.”
So why’s this potentially a trick? The budget experts could no doubt give you lots of reasons, but knowing education policy I can safely say one thing: It is far too early to say whether or not the year‐round Pell would help students earn their degrees any faster. Why? Because year‐round Pell was only instituted in 2008, much too recently to have any useful empirical data about its effect on graduation rates. It also seems likely that this will produce no savings regardless because students will still take Pell grants for the same number of total credit hours.
Of course, the main problem with Pell is that it enables schools to ratchet up their tuition rates, capturing all the aid and not making students any better off. Even bigger than this, though, is that almost certainly because spending on education plays so well politically, the administration is ignoring the same screaming reality as the House GOP: Federal spending on education does little if any educational good! Add to that the unconstitutionality of federal involvement and there is simply no acceptable argument — including a desire to “win the future” — for not eliminating federal spending done in the name of “education.” Indeed, if we want to win the future, ending bankrupting spending we know does zero good is absolutely imperative.
John Stossel, usually seen on Fox Business Network, will have a special on the Fox News Channel this weekend, well targeted to Independence Day: “What’s Great about America.” He’ll interview Dinesh D’Souza and immigrant businessmen, among others.
Saturday and Sunday, 9 p.m. ET both nights. Fox News is on lots more cable systems than Fox Business, so if you don’t get Fox Business, this is your chance to see Stossel.
Tonight at 9 p.m., I think it’s a rerun of his recent show on Milton Friedman’s Free to Choose, featuring … me. Along with Johan Norberg, Tom Palmer, and Bob Chitester.
For some of my own thoughts on what’s great about America, see this article.
Can I send Time magazine the bill for the new crack in my desk and the splinters in my forehead? Because their latest excretion on the case of Colleen “Jihad Jane” LaRose and its relation to Patriot Act surveillance powers is absolutely maddening:
The Justice Department won’t say whether provisions of the Patriot Act were used to investigate and charge Colleen LaRose. But the FBI and U.S. prosecutors who charged the 46‐year‐old woman from Pennsburg, Pa., on Tuesday with conspiring with terrorists and pledging to commit murder in the name of jihad could well have used the Patriot Act’s fast access to her cell‐phone records, hotel bills and rental‐car contracts as they tracked her movements and contacts last year. But even if the law’s provisions weren’t directly used against her, the arrest of the woman who allegedly used the moniker “Jihad Jane” is a boost for the Patriot Act, Administration officials and Capitol Hill Democrats say. That’s because revelations of her alleged plot may give credibility to calls for even greater investigative powers for the FBI and law enforcement, including Republican proposals to expand certain surveillance techniques that are currently limited to targeting foreigners.
Sadly, this is practically a genre resorted to by lazy writers whenever a domestic terror investigation is making headlines. It consists of indulging in a lot of fuzzy speculation about how the Patriot Act might have been crucial—for all we know! — to a successful investigation, even when every shred of available public evidence suggests otherwise. My favorite exemplar of this genre comes from a Fox News piece penned by journalist‐impersonator Cristina Corbin after the capture of some Brooklyn bomb plotters last spring, with the bold headline: “Patriot Act Likely Helped Thwart NYC Terror Plot, Security Experts Say.” The actual article contains nothing to justify the headline: It quotes some lawyers saying vague positive things about the Patriot Act, then tries to explain how the law expanded surveillance powers, but mostly botches the basic facts. From what we know thanks to the work of real reporters, the initial tip and the key evidence in that case came from a human infiltrator who steered the plotters to locations that had been physically bugged, not new Patriot tools.
Of course, it may well be that National Security Letters or other Patriot powers were invoked at some point in this investigation — the question is whether there’s any good reason to suspect they made an important difference. And that seems highly dubious. LaRose’s indictment cites the content of private communications, which probably would have been obtained using a boring old probable cause warrant — and the standard for that is far higher than for a traditional pen/trap order, which would have enabled them to be getting much faster access to more comprehensive cell records. Maybe earlier on, then, when they were compiling the evidence for those tools? But as several reports on the investigation have noted, “Jihad Jane” was being tracked online by a groups of anti‐jihadi amateurs some three years ago. As a member of one group writes sarcastically on the site Jawa Report, the “super sekrit” surveillance tool they used to keep abreast of LaRose’s increasingly disturbing activities was… Google. I’m going to go out on a limb and say the FBI could’ve handled this one with pre‐Patriot authority, and a fortiori with Patriot authority restrained by some common‐sense civil liberties safeguards.
What’s a little more unusual is to see this segue into the kind of argument we usually see in the wake of an intelligence failure, where the case is then seen as self‐evidently justifying still more intrusive surveillance powers, in this case the expansion of the “lone wolf” authority currently applicable only to foreigners, allowing extraordinarily broad and secretive FISA surveillance to be conducted against people with no actual ties to a terror group or other “foreign power.” Yet as Time itself notes:
In fact, Justice Department terrorism experts are privately unimpressed by LaRose. Hers was not a particularly threatening plot, they say, and she was not using any of the more challenging counter‐surveillance measures that more experienced jihadis, let alone foreign intelligence agents, use.
Which, of course, is a big part of the reason we have a separate system for dealing with agents of foreign powers: They are typically trained in counterintelligence tradecraft with access to resources and networks far beyond those of ordinary nuts. What possible support can LaRose’s case provide for the proposition that these industrial‐strength tools should now be turned on American citizens? They caught her—and without much trouble, by the looks of it. Sure, this domestic nut may have invoked to Islamist ideology rather than the commands of Sam the Dog or anti‐Semitic conspiracy theories… but so what? She’s still one more moderately dangerous unhinged American in a country that has its fair share, and has been dealing with them pretty well under the auspices of Title III for a good while now.