Category Archives: Political Commentary

Our Criminal Justice System

…has become a crime:

The combination of vague and pervasive criminal laws — the federal government literally doesn’t know how many federal criminal laws there are — and prosecutorial discretion, plus easy overcharging and coercive plea-bargaining, means that where criminal law is concerned we don’t really have a judicial system as most people imagine it. Instead, we have a criminal justice bureaucracy that assesses guilt and imposes penalties with only modest supervision from the judiciary, and with very little actual accountability. (When a South Carolina judge suggested earlier this year that prosecutors should follow the law, prosecutors revolted.)

In a recent Columbia Law Review essay, I suggest some remedies to this problem: First, prosecutors should have “skin in the game” — if someone’s charged with 100 crimes but convicted of only one, the state should have to pay 99% of his legal fees. This would discourage overcharging. (So would judicial oversight, but we’ve seen little enough of that.) Second, plea-bargain offers should be disclosed at trial, so that judges and juries can understand just how serious the state really thinks the offense is. Empowering juries and grand juries (a standard joke is that any competent prosecutor can get a grand jury to indict a ham sandwich) would also provide more supervision. And finally, I think that prosecutors should be stripped of their absolute immunity to suit — an immunity created by judicial activism, not by statute — and should be subject to civil damages for misconduct such as withholding evidence.

It’s a travesty. They should take the whole federal criminal code and throw it out, and start over.

Putin’s Cold Hard Facts

Options for confronting them:

Obama’s post-aggression sanctions regimen is not merely inadequate, it is a joke. Russian hard-power aggression, annexation and expansion require a hard-power response. Here are some I recommend: (1) We can’t flip-flop NATO Article 5, NATO’s commitment to mutual defense. The U.S. must demonstrate it takes its NATO obligations seriously. So, deploy U.S. troops to Poland. The U.S. withdrew its last tanks from Germany in 2013. The Poland garrison needs a U.S. armor brigade. (2) Cancel all defense budget cuts. Faculty club snark aside, peace through strength means something. (3) Open federal lands to natural gas “fracking” and start shipping gas to Europe. Undermining Russian gas sales is a real economic sanction. (4) Arm the Baltic nations. They are also NATO allies. And (5) deploy the GBI’s to Poland, and build a more robust missile defense system. As for permanently deploying U.S. Patriot PAC-3 short-range anti-missile missiles in Poland — that’s an idea whose time has come.

I think we need a new Marshall Plan to quickly reconfigure Europe’s energy infrastructure. If Obama was really serious about his “phone and pen” there are things that are entirely within his power to do. He could open up Keystone and approve the permits for those LNG terminals tomorrow. Investments in new European pipelines and terminals could be paid for with revenues from gas sales. And despite Kerry’s idiotic blathering about an end to all life on earth, this is the real crisis, not carbon.

Positioning Skeptics

Via Judith Curry, here’s a long but very interesting blog post on the obfuscation and misleading characterizations of the CAGW types:

It has been amusing to watch the apparent surprise of many climate scientists at their discovery that many “climate sceptics” are actually lukewarmers. Taking a rough and ready definition, that lukewarmers believe in AGW but doubt catastrophic AGW, one could reasonably place many of the more famous sceptics (Liljegren, McIntyre implicitly, Montford, Watts explicitly) in that camp, together with a number of “maverick” climate scientists (Curry, Lewis, Lindzen). Indeed it has long seemed to me that the unspoken position of Klimazwiebel itself has sympathy for lukewarmerdom.

What does not follow from this, however, is Ed’s suggestion that “the debate can crucially move on to what action is needed to deal with a warming planet”. Or to be more precise that is, as it always has been, a reasonable question, but a perfectly reasonable answer at the moment would be “little or nothing”. Many lukewarmers are also “policy sceptics”, and their view that current policy responses are hopelessly ineffective, with costs far exceeding any conceivable benefits, remains unchanged.

And straying briefly into more dangerous territory, lukewarmers can and do remain highly critical of the IPCC, the hockey stick, the climategate fiasco, the Lewandowsky nonsense, and the bizarre idea that sceptics are a bunch of “fossil fuel funded deniers”. True peace in our time requires mainstream climate science to acknowledge a few uncomfortable truths.

…As is discussed here often, the most powerful misconception of the climate debate is that is divides on the proposition ‘climate change is happening’. This is presented as a scientific claim, though when one tries to understand what it means, and what its consequences are, unpacking it reveals that it means precisely nothing, and the consequences might mean anything between a trivial change in the weather, through to the collapse of civilisation and the end of all life on Earth. This ambiguity turns nuanced arguments and analyses into cartoons, and would seem to put Lewis and Crok opposite the GWPF, who have published broad criticism of climate policy and also of some particular scientific questions. Worse, this tendency allows politics or ‘ideology’ to be presented as ‘science’, and so to preclude debate. All Ed Davey has to do, for instance, to wave away criticism of his energy policy is claim that it is the expression of denial of climate science. Grundmann’s thinking is no more sophisticated.

[Emphasis added]

As Benny Peiser says, the lukewarmer skeptics are trying to promote an open debate. The warm mongers are trying to shut it down. Mann’s legal action against me and Mark is part of that effort.

The New Cold War

Anyone who deludes themselves that it hasn’t restarted, and it isn’t ideological, needs to read this:

Mr. Prokhanov, who speaks in rich, metaphorical Russian and has the slightly disheveled look of a beat poet, contrasted the present government with that of Boris Yeltsin, the president in the 1990s. “In Yeltsin’s time I was seen as a monster by the regime, a character out of hell,” he said. “I was under threat of arrest, and now I am regularly invited to Kremlin events.”

Though he said he had met the president only a handful of times, “The intelligence officers around him pay much more attention to ideology, and for them it is clear that ideological war is an important instrument.”

If Mr. Putin himself decided to make an ideological change, Mr. Prokhanov said, it was in December 2011, when tens of thousands of urban liberals, angry over ballot-stuffing and falsification in parliamentary elections, massed on a city square, Bolotnaya, chanting, “Putin is a thief!” and “Russia Without Putin.”

“During the time of Bolotnaya, he experienced fear,” Mr. Prokhanov said. “He felt that the whole class which he had created had betrayed him, cheated him, and he had a desire to replace one class with another. From the moment you got back from that march, we started a change of the Russian elite.”

Another person who has been swept into the mainstream is one of Mr. Prokhanov’s former protégés, Aleksandr G. Dugin, who, in the late 1990s, called for “the blinding dawn of a new Russian Revolution, fascism — borderless as our lands, and red as our blood.”

Virulently anti-American, Mr. Dugin has urged a “conservative revolution” that combines left-wing economics and right-wing cultural traditionalism. In a 1997 book, he introduced the idea of building a Eurasian empire “constructed on the fundamental principle of the common enemy,” which he identified as Atlanticism, liberal values, and geopolitical control by the United States.

“Left-wing economics and right-wing cultural traditionalism.” Gee, where have we heard of things like that before?

And note that classical liberalism aka libertarianism and individualism, which the modern left calls “right wing,” bears no resemblance to any of this.

[Update a couple minutes later]

“Putin is no Hitler, but Hitler would recognize his moves“:

Adolf wanted to tear up the Treaty of Versailles. Putin is attempting to rip up the post-Cold War settlement in Europe and Central Asia. Like Hitler’s Germany, Putin’s Russia is much weaker than its opponents, so it can’t achieve its goal through a direct military challenge against its primary enemies. Like Hitler’s Germany, Putin’s Russia must be clever until it grows strong, and it must play on its enemies’ hesitations, divisions and weaknesses until and unless it is ready to take them on head to head.

“Keep them guessing” is rule number one. Nobody was better than Hitler at playing with his enemies’ minds. For every warlike speech, there was an invitation to a peace conference. For every uncompromising demand, there was a promise of lasting tranquillity once that last little troublesome problem had been negotiated safely away. He was so successful at it (and Stalin, too was good at this game) in part because his opponents so desperately wanted peace. French politicians like Leon Blum and British leaders like Stanley Baldwin and Neville Chamberlain were as hungry for peace (it was the Depression after all, and both countries had suffered immensely in World War One) as Barack Obama and Francois Hollande are today. Commendably and properly, they wanted to fix their domestic economies, create a more just society at home, repair their infrastructure and cut their defense budgets. They were not in the mood for trouble overseas, and so a cold blooded con man found them to be easy marks.

I think if you look up “easy marks” in the dictionary, you’ll see pictures of Obama and Kerry.