Miranda

Some people are making silly (dare I say ridiculous?) comments in this thread about how I’ve suddenly become a big-government authoritarian because I don’t think that the Boston bomber should be read his Miranda rights, or necessarily questioned with a lawyer present. I think that this criticism arises largely from ignorance of the law and Constitution (along with a healthy dollop of hysteria). Orin Kerr explains the legal situation:

A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights. It often happens that way on Law & Order, but that’s not what the law actually requires. The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case. Under Chavez v. Martinez, 538 U.S. 760 (2003), it is lawful for the police to not read a suspect his Miranda rights, interrogate him, and then obtain a statement. Chavez holds that a person’s Miranda rights are violated only if the statement is admitted in court, even if the statement is obtained in violation of Miranda. See id. at 772-73. Further, the prosecution is even allowed to admit any physical evidence discovered as a fruit of the statement obtained in violation of Miranda — only the actual statement can be excluded. See United States v. Patane, 542 U.S. 630 (2004). So, contrary to what a lot of people think, it is legal for the government to even intentionally violate Miranda so long as they don’t try to seek admission of the suspect’s statements in court.

Emphasis mine.

It’s just that simple. There is no need to get his testimony in court, because the other evidence against him is overwhelming. What there is a need to do is to find out if there are other co-conspirators, and other bombs, and other plans. And as Orin also points out, there are even ways to get the evidence into trial even under these circumstances, should it be necessary.

The Warsaw Uprising

Thoughts on the seventieth anniversary:

I think it’s fair to say that the world has learned something from the war and the Holocaust. When hateful people begin referring to enemy groups as insects or clods of human feces or as sons of pigs and monkeys, we all know now, much better than we did in the 1930s, that this is part and parcel of the dehumanization that invariably precedes genocide. This is a hopeful collective memory earned from the war, and of course it applies universally.

Needless to say, there have been other, literally monumental efforts to preserve the memory of the Holocaust, and of the heroisms great and small of World War II. But as the generation that lived during the Warsaw Ghetto uprising and the war flies from us with each passing day, we Jews, anyway, ought to know better than to rely on stone and glass monuments and buildings and sculptures and physical structures to preserve memory. That is not the Jewish way. Other civilizations throughout history have built great buildings—pyramids and palaces and castles and cathedrals and great walls, and some have even carved huge idols in mountainsides. Yet all of those civilizations have either perished, been layered over to oblivion, or are likely one day to be layered over. Jews instead built palaces of memory in the hearts and minds of their children using words and melodies, not bricks and stone. Jews have translated their historical experiences into ramparts of the spirit.

That’s the purpose of the Seder, to preserve memories, and rituals like that grow more important as the events of seven decades past pass from living memory with the aging and deaths of their participants.

The High Frontier

I just got an announcement from the Space Studies Institute:

At Space Access 2013 SSI President Gary Hudson announced the release of Gerard K. O’Neill’s classic The High Frontier as an exclusive Amazon Kindle ebook.

Today we have another announcement: From Saturday April 20th to Tuesday April 23rd, the Kindle edition of The High Frontier is absolutely free. Just open the Kindle app on your iOS, Android, Windows PC or Mac and type High Frontier in the Kindle store, or get your free Kindle edition directly from the Amazon.com website.

The High Frontier was a milestone in the work to make the dream of Space Settlement real for everyone. So many lives were changed by this book. Now a new digital generation can learn the needs, the goals and the potentials that Professor O’Neill made so clearly understandable.

With The High Frontier Kindle edition you get the full original artwork by Don Davis, the cover art of the 1988 second edition by Pat Rawlings (in full color on supported devices), full text searching and the bonus chapter “The View from 1988” that Dr. O’Neill added to the SSI second edition.*

Already own a copy of The High Frontier? Go ahead and get your Kindle version for free today and save your print version for special times.

Have friends who have never read The High Frontier? Pass this email along… and tell them to pass it along too!

Yes, proceeds from sales of The High Frontier Kindle edition at its regular price of $6.99 do add up to help the important research and projects of The Space Studies Institute and the free promotion does not, but we think that getting The High Frontier out there in the hands of a new generation is worth it. Don’t you?

Of course if you do think that supporting the work of SSI and promotions like this one are a good thing for the cause, we would welcome your your membership or donation. There is a simple PayPal link at SSI.ORG that you can use to show your support at any time.

Remember, this is a limited time free offer. Saturday April 20th to Tuesday April 23rd only.** After that, the retail price is back in effect. So get your FREE copy of The High Frontier Kindle edition today!

That book significantly altered the trajectory of my life when I was in college.

The “Right Wing” And The Media

Phil Klein describes what’s infuriating about media coverage of extremist violence:

…the reason why conservatives get irked when “right wing” is used in reference to major acts of violence — often without an iota of evidence to back it up — is that the term “right wing” is broadly applied by the media to the entire conservative movement. I don’t think “right-wing” Jennifer Rubin and Sheldon Adelson get pumped every April for Hilter’s birthday, that “right-wing think tanks” like the Heritage Foundation burst out the champagne on the Columbine anniversary, or that “right-wing rock star” Scott Walker is a big fan of the Oklahoma City bombing.

Even putting aside the bias issue, it’s just lazy and imprecise journalism to use the term “right-wing” so broadly that it could refer to anybody from a libertarian who believes in a small centralized government to somebody who wants to restore the Third Reich.

As a rule of thumb, I think journalists should avoid terms like “right-wing” and “left-wing” in basic news coverage. But given that the idea of a right vs. left dichotomy is so ingrained in our political lexicon, it’s unlikely that shying away from this terminology would make a difference at this point. Instead, I think that if reporters mean to refer to a threat presented by a specific group — neo-Nazis, Islamic radicals, anarchists, white supremacists, or so on — they should do so. If they have broader category in mind, they should use a broader term, such as “domestic extremism.” But throwing around a term like “right wing” whenever violence strikes — which is associated with conservatism in the American political context — is irresponsible.

It’s worth pointing out, though, that there is an asymmetry here. The Left is generally proud to wear the label (when they’re not attempting to mislead by calling themselves “liberal” and “progressive”). I don’t know very many conservatives (maybe none) who refer to themselves as “right wing,” and no libertarians who do so. I certainly don’t accept the label, and never have.

The Tea Party Bombers

Well, they were white guys, just like the press was fervently hoping. But who knew that the Tea Party was so active in Chechnya?

I’m sure that all that Islam stuff on his web page is just to camouflage his right-wing militia racism.

[Update a while later]

Let’s hope that this isn’t the beginning of a trend:

Yet such freakouts [as the one today in Boston] are nothing compared to what is in store if the the Marathon bombing means that Chechen jihadis has come to U.S. shores. The Chechens mounted one of the most vicious terror campaigns ever against Russia in the 1990s, blowing up apartment buildings, and launching massive attacks on theaters and even schools. They are known as among the most violent and dedicated terrorists in the world. They can be found fighting in Libya, Syria and every other major jihadi campaign. Though usually they have to sneak into the target countries, rather than coming on a visa as the Boston bombers apparently did.)

Russia only succeeded in suppressing the Chechen Islamists with extremely brutal tactics that would never find support in the U.S – essentially leveling the Chechen capital. Yet dealing with such a threat would also be impossible with a politically correct approach to counter-terror that, for example, turns away from talking frankly about the terrorists profiles and motives.

But they’d rather talk about the Tea Party and militias, and “workplace violence” at Fort Hood.

[Update a while later]

What we know about the terrorists. Dan Foster has a roundup.

[Update a few minutes later]

It occurs to me that I’d have been a little nervous knowing someone who was named for Tamerlane:

Scholars estimate that his military campaigns caused the deaths of 17 million people, amounting to about 5% of the world population.

He reportedly built pyramids of human skulls of the vanquished. It would be sort of like naming your kid “Stalin” or “Mao.” Or Hitler, though he was actually a piker when it came to murdering humans compared to those two.

[Update a few minutes later]

Three places to know to understand the terrorists.

[Update a few minutes later]

An important point:

Because we know so little, and because the stakes are so high, it is imperative that the remaining suspect — if caught — should not be permitted to “lawyer up.” Were they an isolated pair, merely inspired by foreign terrorism? Did they have links to al-Qaeda? Did they have links to Chechen terror groups? Were they even inspired by jihad or something else entirely? Did they have help? Foreign terrorists with potential links to our deadliest enemies do not have the right to remain silent.

But the fools running Eric Holder’s Justice Department will probably give them one anyway. The smart media would start to ask now if this will be treated as a domestic crime or foreign terrorism, and it’s a decision that should be made before capture, it we’re lucky enough to capture him.

[Update a while later]

Here’s some dark humor — the hijacked car had a “Coexist” sticker on it.

[Bumped]

Life Extension And Entitlements

This is a serious issue about which most people, including most policy makers, are in denial:

Ultimately, the question is this: are Americans entitled to unlimited life expectancy? If so, perhaps we need to say goodbye to the notion of limited government as a greater share of wealth is devoted to the health and income needs of a much longer-lived population. From where I sit, unlimited life expectancy sounds appealing. Unlimited government? Not so much. Mr. Kurzweil’s vision greatly amplifies the urgency of our getting on with the task of fundamental entitlement reforms.

The Founders said that we had a right to the pursuit of happiness, which to me would include the pursuit of an indefinite lifespan, if our pursuit is generally successful, and we’re leading happy lives. But they granted no right to live off the labor of others.

Gabby Giffords

poisons the well:

If Alter meant it when he said he hoped Giffords would become a “referee” of public discourse–an advocate for reasoned civility–he ought to feel terribly disappointed. She has instead turned out to be a practitioner of incivility and unreason.

That’s a harsh but justified appraisal of her op-ed in today’s New York Times, titled “A Senate in the Gun Lobby’s Grip.” It’s a reaction to yesterday’s failure of President Obama’s gun-control proposals in the Democratic Senate. Giffords’s 900-word jeremiad should be included in every textbook of logic and political rhetoric, so rife is it with examples of fallacious reasoning and demagogic appeals. Let’s go through them:

Read all. Of course what happened to her is terrible, and tragic, but it doesn’t give her moral authority to bully and insult us with illogic. And the president has even less standing to do so.

The Chutzpah Of Max Baucus

Mike Pompeo calls him on it:

If it’s a train wreck, Pompeo said, Baucus has no one to blame but himself.

“No one in the country bears more responsibility for the complexity of this law than you,” Pompeo wrote in a letter to Baucus on Thursday.

Baucus, as chairman of the Senate Finance Committee, was a key architect of the Affordable Care Act. Most of its major provisions were crafted in his committee, and the Finance draft was consistently treated as the primary bill even as other Senate and House committees worked on their own proposals.

“You drafted it, you twisted arms to get it passed, and, until now, you have lauded it as a model for all the world,” Pompeo wrote to Baucus. “Your attempts to pass the buck to President Obama’s team will not work, nor will they absolve you of responsibility for the harm that you have brought via this law.”

Baucus has a competitive reelection fight coming up next year — just months after the biggest pieces of ObamaCare are set to take effect. Republicans have already made clear that they plan to target Baucus over his role in getting the healthcare law passed, and problems with the implementation could make the GOP’s job easier.

My emphasis.

It certainly should make it easier. These people are truly disgusting.

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