Category Archives: Rule of Law

Which is a more precious right: freedom to travel or guns?

Note that I did not ask which is constitutionally protected. I’m asking which is more fundamental to a free people.

Whenever we talk about barring people on no-fly lists or terror watch lists from obtaining firearms, Bryan or someone else will make the point that we would then be taking away a constitutionally protected right without due process — since those travel lists maintained by law enforcement don’t involve judgments by courts.

Good point, logically and legally sound. It “is a lucid, intelligent, well thought-out objection.”

We have the freedom to put on out travel vests and go where we like, no matter how ridiculous we may look.

We have the freedom to put on our travel vests and go where we like, no matter how ridiculous we may look.

But for me, it raises another question. Which is more fundamental to our basic, everyday liberty: The freedom to travel, to go where we choose within these United States whenever we like? Or the right to bear arms?

I would think the first one is. No, it’s not plainly addressed in the Bill of Rights the way guns are, but it’s protected by the Privileges and Immunities Clause — in other words, in the actual main body of the Constitution as opposed to the afterthoughts. (And in a sense the whole Constitution was an attempt to break down barriers between states and make a more perfect union, which would include moving about freely from state to state.)

We who are not on watch lists sort of take it for granted. People in Nazi Germany and the Soviet Union did not, with their internal passports and other requirements to have the right papers to be here or there at a particular time. When I read about such things during the Cold War, I thought that difference as much as anything else illustrated the contrast between our countries. (Actually, I see that Russia, China, Iraq and Ukraine still have such systems. Huh.)

The right to bear arms is not such an essential divider between free and unfree countries — other liberal democracies don’t share this, um, “blessing” with us.

No, it doesn’t have a whole cult built up around it the way the 2nd Amendment does. But isn’t the freedom to move about even more precious than the right to go armed?

About that sit-in over guns by Democrats in the U.S. House…

ClkNZfVXEAIQsYn

Twitter photo from U.S. Rep. Mike Doyle.

This is my day for going to awards ceremonies. I’m about to go to The State to see Cindi Scoppe get the Gonzales Award.

But while I’m gone, y’all should talk amongst yourselves about the Democrats’ sit-in over guns in the U.S. House.

Here’s what the president thinks:

What do y’all think?

Response to Post series from James Flowers

I got this comment over the weekend from James Flowers, Leon Lott’s opponent for the Democratic nomination for Richland County sheriff:

Brad Warthen. You should have reached out to me before writing this article so that you would have actual facts instead of what is written in this article by the civil attorney. First of all, as a SLED agent we investigate CRIMINAL actions. This was a CIVIL deposition. My only purpose is to gather the facts and provide them to the James FlowersSolicitor. What you obviously don’t know is that the Solicitor’s office, the FBI, and the US Attorney’s office reviewed my report and had ZERO issues with the work. The Solicitor’s office made the determination that there was no criminal action on the part of the law enforcement officers not Me or SLED. Also, when 3 certified law enforcement officers that are serving 2 valid warrants have any sort of weapon pointed at them, they should by all means respond with deadly force. A real law enforcement leader stands behind and supports law enforcement officers 100% when they are right. Even if he has to be arrogant to do it. This article is nothing more than a hit piece orchestrated by an overzealous civil attorney who has a different legal standard than law enforcement does in reviewing shootings. I also noticed that you didn’t mention the unflattering second article about your friend Lott. So please do some due diligence prior to your next blog. Thank you. James Flowers.

As it happens, the last person to get on my case for not having contacted him before posting something was… Leon Lott. And he kind of had a point, from his perspective, since the point of the post he called about was to wonder aloud why the sheriff hadn’t done a certain thing. Turns out that he had an answer to the question that he wanted to share.

I will always, always be on the defensive when people say I should have contacted them before posting something. But here’s the thing, folks: This is  a commentary blog, not a primary news source. I read things, and I react to them. And invite you to react to my reactions. On the rare occasions that I have time to go out and cover an event myself, I do so. Look back — you’ll see that’s my M.O. It’s not optimal; I wish I could afford to blog full-time. But WYSIWYG.

As it is, I don’t find time to comment on as many things as I’d like to — not even close to it. I’m very straightforward with you about the basis of my comments, so you can look at what I’m looking at and challenge my conclusions. And your comments, like Mr. Flowers’, get posted as well.

In this case, I spent way more time than I usually spend on a single post because it took so long for me to read that 7,000-word Washington Post article on which it was based. As I said, I’d read that one story and the fourth piece from the series by Radley Balko (more accurately, I skimmed the fourth piece). Now that Mr. Flowers has said Lott looks bad in the second installment of the series, I’ll go read that, and share what I find. I probably won’t have time to read the third piece today, but if you get there ahead of me, please share what you find.

Oh, and I don’t plan to call Leon before sharing what I find in that second installment. The story says what it says, and that’s what I’ll be reacting to — as per usual.

Although if I can find the time later, this subject is interesting enough that I might go above and beyond (in other words, take the kind of time I did back when I got paid to do this) and give both Lott and Flowers a call. But it remains to be seen whether that will be possible between now and next Tuesday’s primary.

Maybe some of my colleagues out there in the community who still get paid to do such reporting will get to it ahead of me. Let’s hope so.

Anyway, I welcome Mr. Flowers to the conversation.

WashPost raises serious questions about SLED probes — and about Lott’s primary opponent, James Flowers

Actually, that’s a bit of an understatement. It raises loud alarms.

I regret that I failed to read any of this series from The Washington Post until our own Jeff Mobley brought it to my attention. I remember seeing a rather lurid headline about law enforcement in SC, noting that the story was very long (more than 7,000 words) and meaning to go back and read it later. I never did.

I should have.

Basically, the series reports that while South Carolina has looked pretty good for investigating officer-involved shootings in the last couple of years, those few cases don’t tell the whole story by a long shot. In fact, this series suggests that our system of having such shootings investigated by SLED (everywhere but in Richland County) looks good in theory, in practice it falls far short of providing a credible check on police.

The series begins with the horrific story of the death of Lori Jean Ellis, a 52-year-old black woman, at the hands of cops in 2008.

There was a lot in police accounts of her killing to raise questions, but none more dramatic than the weapon with which she was supposed to have fired at the officers before they fired back with deadly effect. They reported see a flash and smoke from a weapon that, based on its loud report, could only have been a high-powered rifle.

It was a pellet gun. Which means, for those not hip to such things, that it would not produce smoke, a flash or a bang. And it’s not entirely clear that she fired it at them, or even aimed it at them.

And yet the officers were never questioned about this discrepancy, a lapse that this report suggests is all too common in SLED investigations.

You might think Richland County Sheriff Leon Lott would come out looking pretty bad in these reports, since his department doesn’t even go in for the window-dressing (at least, these reports suggest it’s only window-dressing) of SLED investigations, preferring to handle such shootings internally.

But, at least in the two installments I’ve read so far, is not the case. In fact, in one case, he comes out looking better than others — as the only officer who spoke to the journalist who wrote the series, Radley Balko. (Although his comments dismissing the need for outside investigations didn’t inspire confidence.)

On the other hand, his opponent in this month’s primary looks pretty horrible.

James Flowers was the lead SLED investigator in the shooting of Lori Jean Ellis. And he showed a shocking lack of concern over the discrepancies in the officers’ account. From his deposition in a lawsuit brought by the estate of Ms. Ellis:

Phillips: So did anything prevent you, from the moment that you found out it was a mere BB gun, to say, “I want to go back and talk to this deputy . . .”

Flowers: Nothing prevented me from doing that.

James Flowers

James Flowers

Phillips: Okay. Why didn’t you go back?

Flowers: Because I didn’t feel it necessary.

Phillips: So someone telling you something that you’ve never seen before, that doesn’t compel you to maybe follow up?

Flowers: No. Not in all cases . . .

Phillips:  . . . so if I tell you something that can’t physically happen, you’re just going to take my word for it?

Flowers: See, here’s the thing. As the lead investigator for the state’s premiere law enforcement agency, it is my responsibility to put this case together. After looking at this information, I deemed that it was not necessary to interview that officer again. And that was the decision that I made….

As a police expert interviewed for the series notes,

““The arrogance here is stunning,” Downing says. “This response either reveals Flowers’s incompetence or his bias. Either way, he should not be conducting investigations of officer-involved shootings.”

You should go read the whole thing, or at least that first installment. It’s disturbing.

By the way, there are mentions in the series about legislation to make changes to such procedures in S.C. I’m unclear as I write this as to what happened to that legislation in the session that ended yesterday…

Feds to seek death penalty for Roof

BBC Roof

As you see above, some South Carolina news is leading the BBC.

Here’s John Monk’s version:

Federal prosecutors on Tuesday announced their intent to seek the death penalty against accused hate crimes Charleston church killer Dylann Roof.

“Dylann Storm Roof has expressed hatred and contempt towards African Americans, as well as other groups, as well as other groups, and his animosity towards African Americans played a role in the murders charged in the (last July’s) indictment,” the notice said.

Roof, 21, of Columbia, is white. All his victims were African American.

“Roof targeted men and women participating in a Bible-study group at the Emanuel AME Church in order to magnify the societal impact of the offenses,” the notice said.

David Bruck, one of Roof’s lawyers, said Tuesday the defense team would have no comment on the government decision….

Thoughts?

Personally, I’m always against the death penalty. Of course, if you’re going to have one, this would seem to be the sort of case it would be designed for.

That said, and once again if you are going to have capital punishment, it seems more legitimately the province of state government, and not the feds. And certainly not for Thoughtcrime, which seems to be the federal interest in this. This is the one thing that can bring out libertarian impulses in me, especially if you’re talking about executing people for having the wrong ideas, however abhorrent.

Roof stands accused of committing a horrific, unspeakable crime upon good people who were our neighbors here in South Carolina. I think our laws, and our courts, are perfectly capable of dealing with him.

Just the facts, ma’am — please

Cindi Scoppe’s picking on my girl Nikki again, and unfortunately, she deserves it. Did you see Cindi’s column Thursday?

FOR ALL THE good she has done on several issues, Gov. Haley retains two deeply troubling flaws: her disregard for the rule of law and her disinterest in the truth….

During a visit to a Columbia prison, Gov. Haley assured an inmate that police officers aren’t “out to get you.” Because of the state’s new body camera law, she said, “every one of those officers has to wear a body camera, and the reason is, that way it’s fair to them and it’s fair to you. So if something happens, we can see it.”

That sounds like a great law. But it’s not the law the governor signed, as The Associated Press’ Seanna Adcox pointed out — and bless her for recognizing that one of the most important things a reporter can do is to tell us what the facts actually are rather than simply regurgitating what public figures say the facts are.

The law does not actually require “every one of those officers” to wear a body camera; each department gets to decide which officers wear body cameras, and it won’t necessarily be every uniformed officer who wears a gun.

The requirement does not actually kick in until the state pays for the program — projected to cost up to $21 million, or about $18 million more than it has provided so far. (Ms. Adcox noted that the Legislature passed a law 18 years ago requiring all drunken-driving arrests to be videotaped, but the state still hasn’t provided cameras for all police cars.)…

Thanks, Cindi. And thanks, Seanna. But you know, it would be nice if governor would just state the facts so that journalists don’t have to run around behind her setting things straight. I mean, they have their hands full without that.

It gets worse, by the way:

Most significantly, the law the governor signed will not actually let us see the video. The law the governor signed says body-cam videos aren’t even public records. It does require police to turn over the video to people who are arrested or who file a civil suit involving the incident recorded, but the only mechanism for obtaining that video is filing a lawsuit — or being charged with a crime. Otherwise, it’s entirely up to police to decide whether we get to see the video when an officer shoots someone….

The initial error is probably innocent enough (I suspect it felt true to the governor), although disturbing — we’d really like our governors to know what they’re signing.

But the worst part of this tale is that when given a chance to set things straight, the governor’s office did not. And about that, Cindi said:

When someone says, “The law the governor described is not the law she signed,” the correct response is not, “She’s so proud of that law.” The correct response is: “Oh, my goodness; you’re right. She is so sorry about that.”

By refusing to let her spokeswoman say that, the governor continues to make herself un-credible. And in this case, she is doing something worse: She is reducing the chance that we’ll ever get the law she told that inmate we have. The law that would be something to be really proud of.

The way to get that law is not to say it exists when it doesn’t. It’s to acknowledge that it does not exist, and to work to convince the Legislature to pass it.

Yep.

Scoppe: The law tends to support AG Wilson’s position

Wilson presser

I was glad to see Cindi Scoppe’s column Sunday, in which she spelled out more clearly what I thought I knew about the Wilson/Pascoe contretemps: That as hard as it might be for the casual observer to see (particularly given Wilson’s emotional presser), the attorney general seems to be on the right side of the law in this.

As Cindi wrote:

Cindi croppedThere are three major issues here: Did Mr. Pascoe have the legal authority to initiate a State Grand Jury investigation, or did he need Mr. Wilson’s authorization? Did Mr. Wilson have the legal authority to remove Mr. Pascoe from the case? And was Mr. Wilson justified in removing Mr. Pascoe? That last question is entirely different from whether it was legal…

And as you find from reading the rest of her piece, her answers are:

  1. No, Pascoe did not have that authority; Wilson has to sign off on a State Grand Jury initiation. The law doesn’t allow the AG to delegate that, however he may recuse himself from any other involvement in a case.
  2. Yes, of course Wilson has the authority to remove Pascoe and assign someone else. The attorney general is the boss of the solicitors. As Cindi notes, “recusal is a voluntary thing, left entirely to the discretion of the prosecutor. In fact, when judges recuse themselves, it’s not uncommon for them to later unrecuse themselves.” When it comes to appointing and firing special prosecutors, recusal is neither here nor there; it does not vacate the AG’s constitutional authority.
  3. Finally, on the judgment call of removing Pascoe, Cindi is less certain — but she doesn’t doubt the purity of Wilson’s intentions: “In his mind, he had to remove Mr. Pascoe — not to stymie the investigation but to salvage it. I’m not certain that was necessary, but I believe that he believed it was.”

Personally, on that last point, it seems that Pascoe’s insubordination demanded his removal — if Wilson’s account is accurate. That is, if Pascoe did indeed refuse to meet with the AG’s office to get proper authorization for a State Grand Jury investigation, choosing instead to launch an attack on the attorney general.

But then, we’ve yet to hear Pascoe’s defense of his actions on Good Friday…

Angry, indignant AG Wilson says Pascoe chose politics over proper procedure

Wilson, backed by former attorneys generals Charlie Condon and Henry McMaster (Travis Medlock is off camera to the left)

Wilson, backed by former attorneys generals Charlie Condon and Henry McMaster (Travis Medlock is off camera to the left)

An angry, indignant Attorney General Alan Wilson, backed silently by three former attorneys general, said this afternoon that Special Prosecutor David Pascoe would have had the State Grand Jury investigation he says he wants if only he had met with Wilson’s office Friday as requested.

Instead, Wilson said, Pascoe chose to file a complaint about Wilson with the state Supreme Court, and apparently tip the media off that he had filed it.

Throughout his press availability Wednesday, Wilson insisted that a State Grand Jury investigation can only be called for by a joint request from the SLED chief and the attorney general, and the fact that he recused himself from the case does not change that requirement. (He also drew a distinction between his own voluntary recusal in “an abundance of caution” and involuntary “disqualification” by a judge.)

He said he stands ready to give that ratification for an investigation at the request of an “untainted” prosecutor — which he does not consider Pascoe to be.

“I’m here today to say that not only do I support a state grand jury investigation, but I’m here to tell you there will be a state grand jury investigation,” he said at the outset of the presser. “But it has to be done lawfully, and by someone who is not tainted.”

Wilson recounted the history of his involvement with Pascoe, going back to “the legal battle of our lives” trying to prosecute former House Speaker Bobby Harrell in 2014.

He said “Solicitor Pascoe was not my first choice, nor my second, nor my third, nor my fourth, nor my fifth…” because “The solicitors wanted no part of this case… they saw the living hell I was going through…”

“I had reservations, he said, “about Solicitor Pascoe’s temperament.” He said he was also concerned because someone related to Harrell had worked in Pascoe’s office.

In the end, he found the charges that Harrell pled to “disappointing,” but said “we were tired, and we just wanted to move on.”

As Pascoe continued investigating possible legislative corruption, Wilson said, the AG’s office had concerns about how Pascoe was conducting it a number of times, but let it pass.

When Pascoe tried to call for state grand jury involvement, “We had concerns… we wanted to fix his mistake…” So, he said, Pascoe was invited to meet with the AG’s office on Good Friday.

Pascoe declined to meet, and instead filed with the Supreme Court his petition for a writ of mandamus saying that Wilson was acting improperly.

Wilson said this document contained as “outright lie” — that he had sought to impede the investigation. He insisted that “at no time has anyone on my staff” done such a thing.

Wilson was mad about that. He was also mad that John Monk knew to show up at the court to get that petition Monday. When Wilson invited questions at the end of his statement and the first one came from John, he said he would answer the question if John would tell him how he knew the document had been filed. (Moments later, he apologized to John for being so confrontational.)

In the end, Wilson’s position is that he will ratify a request from an “untainted” prosecutor. But with Pascoe insisting Wilson can’t fire him and 5th Circuit Solicitor Dan Johnson declining to take over unless there is a definitive ruling on the matter of Pascoe’s firing, it’s unclear who that untainted prosecutor might be.

To all his critics, Wilson issued a challenge: “Keep doing what you’re doing… You do your worst, I will do my best.”

Anyway, that’s what Wilson had to say. This isn’t a complete news story until we hear from Pascoe and others. And we likely won’t know where all this is going until the Supreme Court makes a determination. For that matter, had I been in the room instead of watching this on a live feed from WIS, I’d have had some questions of people in the room.

But it was an extraordinary live performance by a very angry AG. When I find a complete video recording, I will embed it. (HERE’S THE VIDEO.)

Wilson

We take one small step toward having a civilized world

Radovan Karadzic when he was arrested for "industrial crimes" in November 1984.

Radovan Karadzic when he was arrested for “industrial crimes” in November 1984.

Amid all the madness in the world today, we have this little ray of hope, a step toward a more just and civilized world:

A former Bosnian Serb leader was found guilty of genocide and other charges Thursday for his role in deadly campaigns during the Bosnian war in the 1990s, including the massacres of thousands in Srebrenica, as an international tribunal announced a long-awaited reckoning in Europe’s bloodiest chapter since World War II.

Radovan Karadzic was found guilty of 10 charges including genocide in connection with the 1995 massacre of 8,000 Muslim men and boys in the Srebrenica enclave near the close of a three-year war….

It’s a small step, very tentative and absurdly delayed. This happened more than 20 years ago, and we’ve known who was responsible from the start. Gen. Ratko Mladić has yet to stand trial.

We have a long way to go to preventing such barbarity.

Apple against our duly constituted authorities

In a Tweet on Friday, I put it as plainly as I could in 140 characters:

And since then, I’ve not seen a word that even comes close to justifying the outrageous position taken by Tim Cook. There was certainly nothing in his public letter that excused his behavior.

Probably the most outrageous part of the letter is when Cook essentially condescends to say the FBI’s intentions are no doubt quite honorable, and that Apple has cooperated with authorities (when Apple approved of how it was being asked to help), but the poor, simple creatures just don’t understand what they’re asking now. Fortunately we have the unelected wise men of Apple to countermand the requests of our duly constituted law enforcement authorities.

And I’ve seen quite a bit to confirm me in my view of the matter. Such as this piece today in the WSJ:

Apple was asked to adjust its software that wipes iPhones clean after 10 failed passwords, to enable the FBI to find the password. Prosecutors want this only for Farook’s phone, to “mitigate any perceived risk to Apple iOS software as to any other Apple device.” The local agency that employed Farook owns the phone and wants Apple’s help. “The user was made aware of his lack of privacy in the work phone while alive,” prosecutors note.Apple_Logo_Png_06

There’s no risk to encryption and the dead terrorist has no privacy rights. So what is Apple trying to protect?

The answer, according to the Justice Department, is a “business model and public brand marketing strategy.” Apple admitted as much last year in explaining to a federal court in Brooklyn, N.Y., why it refused to unlock the iPhone of a methamphetamine dealer. The company had unlocked some 70 iPhones in criminal cases since 2008, so the judge was surprised by its sudden refusal.

Apple’s lawyers explained that customers are so concerned about government access to data that compliance with court orders would “substantially tarnish the Apple brand.”…

Yeah, I bet the families of those murdered by the phone’s owner sit up nights worrying about poor ol’ Apple’s brand.

You want to improve your brand? How about not selling me a phone set to destroy all my data after 10 failed passwords?

I’ll anticipate my libertarian friends’ arguments and say you’re right — I don’t understand the technology. And maybe the fact that I don’t believe Apple when it says it can’t crack one phone without making all iPhones immediately insecure makes me an ignoramus. But I don’t believe it. And even if I did, I would consider granting Apple the power to choose which court orders it will obey to be far too high a price to pay for having an unhackable phone….

Um… Folks, choosing a president was already a weighty thing. The death of a justice did not make it more so…

Paul Krugman has it half right here:

Once upon a time, the death of a Supreme Court justice wouldn’t have brought America to the edge of constitutional crisis. But that was a different country, with a very different Republican Party. In today’s America, with today’s G.O.P., the passing of Antonin Scalia has opened the doors to chaos.

In principle, losing a justice should cause at most a mild disturbance in the national scene. After all, the court is supposed to be above politics. So when a vacancy appears, the president should simply nominate, and the Senate approve, someone highly qualified and respected by all.

In principle, losing a justice should cause at most a mild disturbance in the national scene. After all, the court is supposed to be above politics. So when a vacancy appears, the president should simply nominate, and the Senate approve, someone highly qualified and respected by all.

He’s absolutely right that there’s something seriously wrong when the whole political system goes ape over a vacancy on the Supreme Court. He is absurdly wrong in suggesting that this is somehow completely the fault of the Republicans. See “Bork as a verb” and “Clarence Thomas Supreme Court Nomination.” While the Republicans are definitely outrageously dysfunctional, and their assertion that the president shouldn’t nominate in this situation is sheer lunacy, they did not invent making a circus of the nomination process. At least, they didn’t do it alone; they had very enthusiastic help from the Democrats.

Krugman, like Bud, utterly rejects this truth: “Second, it’s really important not to engage in false symmetry: only one of our two major political parties has gone off the deep end.”

But let’s talk about the half of what Krugman said that is right.

Ever since Saturday, I’ve been seeing and hearing something… eccentric… in coverage of the death of Scalia and its aftermath.

There is this suggestion out there that now that there’s a Supreme Court vacancy, suddenly this election is serious. Now we’re going to see more money given, more heightened rhetoric, a sense on both sides that the stakes have gone up…

Say what? Um… the election of the president of the United States, in whose hands all executive authority is concentrated, is and always was a bigger deal than filling a vacancy of one-ninth of the Supreme Court.

In fact, if both parties respected the rule of law (as Mr. Krugman seems to think Democrats do), the selection of justices should not be an electoral issue at all. If presidents and senators simply looked at qualifications (as some, such as our own Lindsey Graham, still do), it would be insane to talk about the kinds of nominees a presidential candidate would put forward in partisan terms. Actually, it is insane to frame something so secularly sacrosanct in such terms. But that’s what we do now, every time…

Of COURSE President Obama should nominate Scalia replacement. That’s his job.

Antonin_Scalia_Official_SCOTUS_Portrait

First, I’m sorry to hear of the death of Supreme Court Justice Antonin Scalia. I’d be sorry to hear of any man’s death, but I actually kind of liked the much-criticized jurist, most of the time.

Now, to the instantaneous controversy that is always there ready to erupt and wash away any normal, human feelings we might have at such a moment…

I’ll be brief:

  • There is a vacancy on the court — right now, not next year.
  • It is the duty of the president of the United States to nominate someone to fill such a vacancy (and the Senate’s duty to consider that nomination, and vote on it).
  • Barack Obama is the president of the United States. And he will be for much longer than it ought to take to nominate and confirm a suitable justice.

There’s really nothing else to say. The president has announced his intention to do his duty. As he should.

No, I’m not crazy about having another justice who thinks Roe v. Wade shouldn’t be touched or amended. But I’m also opposed to nominating and confirming justices based on whether I somehow sense that they agree with me on this or that issue. I’m opposed to that for the same reason I’m opposed to Roe: I believe in a government of laws and not of men (and Roe flies in the face of that by allowing a single, highly interested individual to make a unilateral, irreversible decision to take human life without due process).

Republicans who don’t like the fact that Barack Obama is president should get busy electing one of their own. (Step One: Figure out how to deal with your Trump problem.)

But on the Scalia vacancy, Mr. Obama is president. Consider and vote on his nominee promptly.

Legislature elects to Supreme Court the guy who indicated how he might have ruled

Shortly after noon today, John Monk reported this:

To which I responded incredulously, “You mean, the guy who signaled how he would RULE?” John answered, “Yes that is who.”

Did you read John’s previous report about this?

Under questioning in a November hearing by Sen. Larry Martin, R-Pickens, John Few, who is now chief judge of the S.C. Court of Appeals, compared the majority’s 3-2 opinion in what’s known as the Abbeville case with a newspaper editorial.

Although Few told Martin he might personally be “appalled” that children in rural schools aren’t getting a proper public school education, according to recently released transcripts, he elaborated, “If I were writing an editorial on the subject, I might say some of the very same things the Supreme Court said in their majority opinion.”

Few continued, “But when I’m writing a judicial opinion, I’m going to center my thinking on my role as a judge within the confines that are laid out for me in the constitution of South Carolina.”

At one point, Few told Martin he wanted to “tread carefully here … because this is a hot conversation here.”

In general, judges are not supposed to say how they would rule on a given case, and Few appeared to tip-toe through Martin’s questions, avoiding giving an obviously specific answer….

And well he might. Tip-toe, I mean.

So now, the guy who indicated — not said, but indicated — to lawmakers that he’s not the kind of guy to force them to do what so many really don’t want to do (give a fair shake to kids in poor, rural districts) will be our newest Supreme Court justice.

To bend way over and be charitable, we should consider that Mr. Few seems to be widely regarded as an able jurist, and perhaps lawmakers were simply more impressed by his credentials than those of his one remaining opponent.

But in a contest that was described as “a nail-biter until the final minutes,” after which “(s)ome lawmakers who voted for Few said they did so because they perceived he was the more conservative of the two,” one can be forgiven for wondering whether their motives were… less than pure…

A local case in which armed citizens stopped a crime

The barber shop where the shooting took place. Image from Google Maps.

The barber shop where the shooting took place. Image from Google Maps.

… and killed a suspect in the process.

Bryan, our friendly neighborhood gunslinger, rings to my attention this story that was in The State (and which I admit I read right over), in which local armed citizens stopped a crime… cold:

Elmurray “Billy” Bookman was cutting hair at his barber station, the second chair from the door, when two masked men, one wielding a pistol and the other carrying a shotgun, entered Next Up Barber & Beauty, he said.

Minutes later, Bookman and one of his customers drew their weapons as the robbers were taking money from customers and employees. They fired shots that left one of the suspects dead and sent another on the run just before 7 p.m. Friday.

“The kids were crying, hollering, and their parents were hollering,” Bookman said. “I think (the suspects) were getting kind of frustrated. They started putting their hands on some of the customers.”

About 20 people, including several women and children, were at the barbershop on Fort Jackson Boulevard. It sits behind the Applebee’s restaurant on Devine Street, across from the Cross Hill Market that houses Whole Foods….

Thoughts on this, gentle readers?

“Bloggers are we, born to be free…”

Did you see Rep. Mike Pitts’ proposal that journalists be registered?

To his credit, Mr. Pitts apparently did this ironically. The intention, apparently, is to mount a facetious attack on the First Amendment to make a point about the Second, which doesn’t really make sense, but don’t stop him; he’s on a roll.

Anyway, last night Bryan asked, via Twitter, whether this would also apply to bloggers.

No way, I responded defiantly:

Why not ask SLED to investigate deputy’s actions?

UPDATE: Sheriff Lott called me this afternoon, and he has a pretty good explanation for why he went with the feds first. Later tonight, I’ll write a new post about it

I said this in a comment earlier, but I think it’s worth a separate post…

So Sheriff Lott has fired the deputy involved in the Spring Valley incident.

But here’s something I want to know, and would have asked Leon had I been at the presser: Why go straight to the FBI? Why not invite SLED in? Or, I don’t know, the statewide grand jury.

Yeah, I know, even though he’s my twin and all, Leon may not be as enamored of subsidiarity as I am. But why immediately buy into the cliche that NO ONE in SC can be fair and objective about this; we have to bring in the feds?

As Harry Harris said in a comment yesterday: “SC seems to be the one state that has reacted to most of the police excessive force revelations in a sound manner – prosecuting and disciplining the officers involved.” Leon’s immediate firing of this deputy demonstrates that — unless it just demonstrates a Pilatesque desire to wash his hands, and I don’t think that’s the case.

I would have given the SC system a chance to work. If the feds wanted to do a civil rights investigation on a parallel track, nobody’s stopping them.

But I just don’t get why, in this case and previous ones, Leon doesn’t want to turn to SLED…

Official Baseball Rule 5.09 (a)(13) is a very good rule. Maybe they should tell the umps about it…

Anybody see the play in which the Dodgers’ Chase Utley intentionally body-slammed the Mets’ Ruben Tejada, breaking his leg?

I ask because, you know, all I ever hear anybody talk about is football.

(An interesting indication of how distorted things are: Wondering whether the World Series will still be shown this year on a station I get, I Googled “what network will show the…” and Google immediately tried to autofill the query as “… super bowl.” I continued typing “world,” and Google guessed, “cup.” When you know good and well that Google knows I’m asking from within this country, not someplace where they’re nuts about that other football.)

The “slide,” of course, wasn’t a slide. Utley wasn’t trying to be safe at second; he didn’t even try to touch the base. The shortstop had moved out of his way to make his throw to first, but Utley went for him instead of the bag.

Sacrificing your body — and your opponent’s body — to break up a double play is of course a time-honored part of the game. But there’s such a thing as going too far. Ty Cobb’s allegedly sharpened spikes come to mind.

After “the hit” (something that would no doubt be celebrated to an obscene degree by football fans), Dodgers fans were happy. The hit won the game, and possibly saved the playoff series, for the Dodgers. But if this L.A. Times’ columnist’s perspective is any guide, there was at least some ambivalence in the City of Angels:

The slide was late. The slide was high. The slide was questionably legal and arguably dirty.

Even if you were watching it through blue-colored glasses, you had to admit that the slide was recklessly dangerous, so much that it broke another man’s leg.

But after 27 years of frustration, the Dodgers will accept reckless, embrace dangerous, and so on Saturday night they uncomfortably celebrated a slide that won a game, altered a series and may have saved a season….

The thing is, within the context of the game, Utley got away with it. The ump not only didn’t penalize him, he called him safe, ruling that Tejada failed to touch the bag before attempting his throw.

But last night, MLB suspended him for the next two games of the series. They managed to find a rule against what he’d done:

“While I sincerely believe that Mr. Utley had no intention of injuring Ruben Tejada, and was attempting to help his club in a critical situation, I believe his slide was in violation of Official Baseball Rule 5.09 (a)(13), which is designed to protect from precisely this type of rolling block that occurs away from the base,” Torre said in a statement…

Good. That restores a bit of order to the universe. Official Baseball Rule 5.09 (a)(13) is a very good rule.

So next time something like this happens, I’m going to yell, “Hey, ya bum! That’s against Official Baseball Rule 5.09 (a)(13)!

Tenenbaum: Using private email account was clearly against federal rules

Another little contact report

Talking with Inez Tenenbaum this morning about her support of Joe Biden, I changed the subject to Hillary Clinton and asked, somewhat facetiously, whether Inez used two email accounts when she was in Washington as head of the Consumer Product Safety Commission.

“No,” she said. “I was told emphatically… that all federal business had to be conducted on federal email addresses.”inez-tenenbaum

“We had lawyers that did nothing but ethics” at her agency, and they let her know “we could not use our own private email.”

And if by any chance she did use private email for public business, it would be treated as public — she was told such communications would all be subject to Freedom of Information requests.

When I asked why she thought Hillary Clinton doesn’t seem to have gotten the same message, she declined to go there.

I had called Inez because she has been named to co-chair (along with Sen. Gerald Malloy) the Draft Biden effort in South Carolina.

She had no news on that front. “I don’t know” whether he’s going to run or not. “It could go either way.”

But she’s ready to support him if he does. And in explaining why, she talks more about a personal connection than anything having to do with politics or policy. “He has been a friend of ours, and we have had a close relationship with him.”

While she cordially knows Hillary Clinton as well, she just has “a much closer relationship” with Biden. “And I just have so much respect for him” as someone who has “serve the country for 40 years.”

If you’ll recall, the last time around (in 2007) she came out early for Barack Obama, while her husband Samuel was backing Biden. Samuel is not in a position now to endorse candidates because of his job, but as an attorney in private practice, Inez has no such barriers to contend with.

I asked whether she’s gotten any pushback from the Clinton campaign. No, she said. “I got lots of calls from the Hillary people early on” seeking her support. But even though there was no serious anticipation at that point that Biden would get in, she said she felt an obligation to him to wait until he said definitively whether he was running or not.

As to whether he should, “One part of me wants him to get into it… one part of me understands” why he might decide not to go through that grinder.

I asked her to keep me in mind if she hears anything…

OK, let’s talk about guns in America

State Sen. Marlon Kimpson says he’ll introduce legislation to do the following in the wake of the Emanuel AME massacre and other recent mass shootings:

▪  Close a three-day loophole that allows some S.C. gun purchasers to buy and take home a gun before a background check has been completed. That rule, and errors in the federal background-checking system, allowed alleged Charleston church shooter Dylann Roof to buy a gun.

▪  Require background checks to be conducted through the State Law Enforcement Division and the federal system before a gun sale can be completed

▪  Ban assault weapons, defined as semi-automatic firearms designed and configured for rapid fire

▪ Require reporting of lost or stolen guns

▪ Require state registration and permitting of all guns…

In response to Senate Judiciary Chairman Larry Martin’s statement that there is “no appetite” in the State House for gun control legislation — which you had probably guessed already — Sen. Kimpson “said the Charleston church shootings, which killed nine African-Americans including a state senator, ‘opened people’s minds to doing things in the State House that have never been done before.'”

Which is true enough. Whether that applies to this, however, remains to be seen.

On the same day that I read that, I received a graphic from someone with a blog called CrimeWire, urging me to share it.

Actually it doesn’t tell me a lot I didn’t know, but I share it for those of you who like infographics. It’s lighter on numbers than most such efforts. For instance, I doubt many minds will be changed by such an assertion as, “The Harvard Injury Control Research Center found that there’s substantial evidence that indicates more guns means more murders.” Oh, yeah, says Jim Bob, sittin’ with the boys around the cracker barrel. I bet they’s a heap o’ hunters up at the Harvard Injury Control Research Center.

For those who prefer text, the facts in the graphic seem to have come from a Washington Post story, headlined “11 essential facts about guns and mass shootings in the United States,” that ran the morning after the Charleston shootings.

As for my own views… As I’ve stated before, I think the problem in America is just that too many guns exist. Everybody talks about the rights of individual gun owners, but I don’t really look at who owns the guns. Ownership is something that can change easily, through burglary for instance. There are just too many of them in existence, and it’s inevitable that some of them will be in the hands of the wrong people at the wrong time.

It’s an economic problem: Too many violent people chasing too many guns.

But while I feel like I diagnose the problem correctly, I have no idea what to do about it. I just don’t see a solution. We are so far down this road, and nothing but the mass destruction of the overwhelming majority of guns that exist would back us up. And there are far too many Americans who adamantly oppose taking a single step back. I don’t see that changing.

So I’m not terribly hopeful that any legislation I’ve seen or heard of would have a chance of significantly reducing gun violence. Anything that passes constitutional muster just tinkers with the technicalities of how guns change hands and move around.

Oh, and before the more dedicated advocates for the 2nd Amendment start hollering, “Brad’s gonna round up all your guns and destroy them,” allow me to clarify: That is NOT gonna happen. Not in this country. No one can MAKE it happen. It’s a political impossibility. So stay cool. I only mention this to underline the fact that I see no workable solution to the problem of Too Many Guns.

I usually don’t say “I give up” on an issue. I usually try to suggest a solution. But I just don’t know where to go on this.

GunsAndAmerica_IG

Thanks to the Voting Rights Act, we’re a better, fairer country — no matter what the Democrats say

LBJ and MLK at the signing of the Voting Rights Act.

LBJ and MLK at the signing of the Voting Rights Act.

Within the past two or three hours, I’ve received three releases marking the 50th anniversary of the signing of the Voting Rights Act — from Jim Clyburn, the Hillary Clinton campaign and the S.C. Democratic Party.

Unfortunately, none of these communications are as celebratory as they should be. They’re all, “the Voting Rights Act is great, but our rights are in terrible danger.”

Which is a shame, because the Act deserves an unqualified hurrah.

Clyburn’s release is typical:

CLYBURN STATEMENT ON 50TH ANNIVERSARY
OF THE VOTING RIGHTS ACT OF 1965

WASHINGTON – U.S. House Assistant Democratic Leader James E. Clyburn (SC) released the following statement on the 50th anniversary of the Voting Rights Act of 1965:

“On this day fifty years ago, surrounded by leaders of both political parties, President Lyndon B. Johnson signed the Voting Rights Act. It was a moment worthy of both celebration and reflection. Today, we stand at a similar crossroads.

“The right to vote is the cornerstone of democracy and the foundation upon which all other rights are built. Nearly a century after the ratification of the 15th Amendment, which protected the franchise in theory but not in fact, the world watched as peaceful protesters were brutally attacked and beaten by police while marching for voting rights on the Edmund Pettus Bridge in Selma, Alabama. Just five months later, the Voting Rights Act was signed into law, and millions of African Americans were finally able to exercise their right to vote.

“Sadly, in 2015, this fundamental right is under threat yet again. Two years ago, the Supreme Court gutted a key component of the Voting Rights Act and made it easier for states to discriminate against minority, elderly and disabled Americans by deliberately making it harder for them to exercise their right to vote. Republican leaders in Congress have thus far refused to take up bipartisan legislation to restore the Voting Rights Act, as states continue to erect new barriers to the ballot box.

“Today, as we celebrate the proud legacy of the Voting Rights Act and reflect on symbolic victories like the furling of the Confederate battle flag in my home state of South Carolina, we must also take substantive action to restore the Voting Rights Act. I call on my Republican colleagues in Congress to do more than issue statements celebrating the past—I urge them to look to the future and work with us to protect the voting rights of all Americans for the next fifty years and beyond.”

– 30 –

No Democrat, it seems, can mention the Act without also bemoaning either of the following, or both: The first is the Supreme Court opinion that lifted the onerous burden from some jurisdictions (and not others, which is key) to get advance approval from the Justice Department before proceeding with any change to its local laws bearing on voting. The second is the ongoing efforts by Republicans to require picture IDs to vote.

What the Supreme Court did was rule on the constitutionality of two provisions in the Act:

Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and Section 4(b), which contains the coverage formula that determines which jurisdictions are subjected to preclearance based on their histories of discrimination in voting.[3][4]

On June 25, 2013, the Court ruled by a 5-to-4 vote that Section 4(b) is unconstitutional because the coverage formula is based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states.[3][4] The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 preclearance unless Congress enacts a new coverage formula.[5]

… which makes sense to me. What did NOT make sense, what was unfair, was the presumption of guilt of anyone residing within particular geographical areas, based on what other people did or did not do 40 years previously.

Why should these jurisdictions not be governed by the law in the same way that all the other jurisdictions in the country were: by getting in trouble if they actually violated the law, rather than having to get advance permission to act based on a presumption of guilt?

As for the Voter ID laws: As I’ve expressed many times before, I find the positions of both the Republicans and Democrats unpersuasive. The Republicans fail to convince me that there’s this huge fraud problem that we need such laws to address, and the Democrats fail to persuade me that the ID requirement is an onerous burden.

I’ll say this for the Democrats: Between the two positions, theirs (that barriers to voting should be low) sounds way nobler than the Republicans’ (that certain people — a category Republicans would describe, unconvincingly, as people trying to vote fraudulently — should be prevented from voting).

But the bottom line, of course, is that one strongly suspects that on a certain level Republicans want these laws because they think they will increase their chances of winning elections, and Democrats oppose them because they think the Republicans are right about that.

In any case, couldn’t we have just one day in which we celebrate a good thing without adulterating the celebration with another reminder of how awful we think those OTHER people are?

So let’s hear it for the Voting Rights Act: Hip-hip…