Category: Justice

An Insight into the Mind of Ayn Rand

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Mystery/thriller writer Michael Prescott has looked through the journals of Ayn Rand, and he finds her musing on one William Edward Hickman, who said, “What is good for me is right,” which seems to pretty classical Randian Objectivism.

She is enthused about this person, and his philosophy, describing it as, “The best and strongest expression of a real man’s psychology I have heard.”

While Mr. Hickman is fairly obscure these days, unless you are a lawyer, in which case it is one of the earliest attempts at an insanity defense, he was well known during his day, basically 1927 and 1928, because he kidnapped a 12 year old girl, ransomed her, and dismembered her.

And Ayn Rand calls what he did a, “Real man’s philosophy.”

If there were any doubt as to her being evil, it is ended. If there were any doubt as to her sanity, those doubts are reinforced.

I will leave you with the last two ‘graphs, but please read the rest, but be warned, the specifics of the murder are grisly:

By the appraisal of any normal mind, there can be little doubt that William Edward Hickman was a vicious psychopath of the worst order. That Ayn Rand saw something heroic, brilliant, and romantic in this despicable creature is perhaps the single worst indictment of her that I have come across. It is enough to make me question not only her judgment, but her sanity.

At this point in my life, I did not think it was possible to significantly lower my estimate of Ayn Rand, or to regard her as even more of a psychological and moral mess than I had already taken her to be.

I stand corrected.

Well Damn, This Takes Chutzpah*

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Click for full size


Damn! I need this image on speed dial!

TPM reads Esquire’s interview with Alberto “Abu” Gonzalez, and finds this plum:

We should have abandoned the idea of removing the U. S. attorneys once the Democrats took the Senate. Because at that point we could really not count on Republicans to cut off investigations or help us at all with investigations. We didn’t see that at the Department of Justice. Nor did the White House see that. Karl didn’t see it. If we could do something over again, that would be it.

So, the only problem with politically purging the US Attorney corps, in order to drive corrupt and politically motivated prosecutions, was that Democrats were in power, and they would not, like the republicans had when they were in power, refuse to investigate.

*I was considering using the phrase “huevos”, meaning balls, but I find the connotation both too complimentary: If there is anything that describes Alberto “Abu” Gonzalez, it is his complete lack of balls. He would never, ever say no.

The European Human Rights Court to Review Irish Abortion Ban

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It looks like the Irish ban on abortion will have to defend itself before 17 justices at the European HCR:

Ireland’s almost complete ban on abortion was challenged before 17 European judges yesterday as a violation of fundamental human rights.

Three women, named only as A, B and C, brought a landmark case before the European Human Rights court in Strasbourg, the outcome of which could force Ireland to weaken its strict laws against abortion for the first time in 17 years.

The three plaintiffs – two Irish women and a Lithuanian – say that their own rights to health and life were threatened by pregnancies which they could not terminate legally in Ireland the only EU state other than Malta, with a near outright ban on the procedure. Like an estimated 7,000 Irish women a year, the three women travelled to the UK to obtain legal abortions in Britain.

The case is, in theory, not a frontal assault on a ban which has been enshrined in Irish law for more than a hundred years and reinforced in the Irish constitution since 1983. It is an attempt to clarify and widen the exception, approved in 1992, which permits a pregnancy to be terminated when a woman’s life is threatened. Nonetheless, the Irish government fears, and pro-abortion campaigners hope, that a court ruling in the women’s favour could lead to a de facto unravelling of Irish abortion law.

The Irish law is particularly egregious, since, “If an abortion was later judged to be unnecessary, an Irish doctor could be struck off [have his license pulled] or imprisoned for life. As a result, she said, no statistics existed to say whether any ‘legal’ abortions had ever taken place in Ireland.”

One hopes that the Europeans look at the United States, and realize that pandering the Neanderthals only makes them ask for more.

Supreme Court Appears Hostile to Theft of Honest Services Law

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One of the ways that federal prosecutors have gone after corruption recently has been with the theft of honest services law enacted in 1988.

The theory behind the law is that if people are taking bribes, they are depriving the taxpayer of their honest services, and so can be prosecuted.

Well, the initial reports from oral arguments indicate that the Supreme Court is not inclined to support the law in its current form:

Justices across the court’s ideological spectrum took turns on Tuesday attacking the law as hopelessly broad and vague.

Justice Steven G. Breyer estimated that there are 150 million workers in the United States and that perhaps 140 million of them could be prosecuted under the government’s interpretation of the law.

Complimenting the boss’s hat “so the boss will leave the room so that the worker can continue to read The Racing Form,” Justice Breyer said, could amount to a federal crime.

I tend to agree, you saw this law being used by Bush and His Evil Minions™ to go after political rivals, on the theory that they were stealing their full performance from their state jobs, because they spent a lot of time serving as state legislators …… Funny how everyone prosecuted was a Democrat, and most of them were black.

The downside is that one of the plaintiffs are crooks and corrupt.

The first plaintiff is Conrad Black, the former Hollinger International CEO, who stole from his company and shareholders to finance a lavish lifestyle, and the other plaintiff, Alaska legislator Bruce Weyhrauch, soliciting lucrative employment from VECO at the same time that he was shepherding their requests from the legislator for taxpayer money.*

Still, seeing how the law has been abused, killing it would be a very good thing.

*A word about Alaska: The taxpayers in Alaska are basically the oil companies, as Alaska relies on oil revenues, and does not collect state income or sales taxes.

Just Heard on Maddow

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It appears that the two Ugandan legislators who have been the driving force for putting forward a bill to apply the death penalty for homosexuality intend to come to the United States next year to attend the National Prayer Meeting, as they did last year.

The kicker is that Barack Obama attended it this year and is expected to attend it next year.

The appropriate response to these folks is to deny them entry to the USA, but my guess is that he won’t do that, and if they show up, he’ll probably talk anyway, spouting something about the need for people to talk.

So, In Addition to Screwing With Healthcare Reform and Covering Up Pedophile Priests

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The Catholic Church is laundering money:

The Vatican Bank is under investigation for alleged involvement in a money-laundering scheme using accounts at one of Italy’s largest banks, according to a weekly investigative magazine.

Panorama reports that officials from the Bank of Italy’s Financial Intelligence Unit (UIF) have identified transactions worth up to €180 million (£160 million) that allegedly violated anti-money-laundering regulations in accounts held at a UniCredit branch in Via della Conciliazione, next to St Peter’s Basilica. Prosecutors in Rome, led by Nello Rossi and Stefano Rocco Fava, are reported to be working with a special unit of the Guardia di Finanza, the Italian tax police, to investigate the bank — which is formally known as the Institute for Religious Works (IOR).

At this rate, I figure that we will discover that the Catholic Church will be fingered as the malevolent power behind the Bowl Championship Series (BCS) rating system that determines bowl games in NCAA football.

DOJ Number 2 to Quit

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Deputy Attorney General David Ogden has resigned, effective February 5.

This is odd, but the only sign of drama is this bit:

Unlike some of his predecessors, Ogden did not have deep experience with criminal law issues, and he sometimes crossed swords with aides to Holder, who has become the department’s public face on national security and public corruption issues.

Full official statement after the break.

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE Thursday, December 3, 2009

Deputy Attorney General David Ogden to Leave Department of Justice

Deputy Attorney General David W. Ogden announced today that he will leave the Department on February 5, 2010 to return to private practice. Prior to joining the Department as Deputy Attorney General in March, Ogden chaired the Obama Administration’s transition team for the Department of Justice.

“David Ogden has been an invaluable leader for the Department of Justice and for this Administration,” said Attorney General Eric Holder. “From leading the transition team that established early goals for the Department to spearheading major initiatives such as our effort to fight health care fraud, he has been an effective and diligent advocate for the American people. Through his work here, he has helped reinvigorate the Department’s traditional missions, restore its reputation for independence, and make the country safer and more secure. I am sorry to see him go, and I thank him for his service to the Department and to the nation.”

Prior to his confirmation, Deputy Attorney General Ogden was a partner at the law firm of WilmerHale, which he joined in 2001. He previously served in senior positions at the Department of Justice during the Clinton Administration.

Deputy Attorney General Ogden made the following statement:

“I took a leave from my practice of law thirteen months ago on Election Day to lead the Department of Justice transition for President Obama. My hope then was to identify the goals for a successful transition at a critical time for the Department, when its credibility was under attack and when its traditional law enforcement missions had suffered. During the transition, President-elect Obama and Attorney General-designate Holder asked me to serve as the Deputy Attorney General, which gave me the opportunity to complete the transition process and see the Department solidly on a path to achieving those goals. I accepted that challenge, with the intention of returning to my practice as soon as I felt the Department was firmly on that path.

“I believe the objectives established over a year ago have been accomplished. In order to afford the President and the Attorney General sufficient time to identify my successor and to ensure a smooth transition, I have agreed to continue to serve until February 5, 2010, when I will step down to return to private practice.

“The Department today is on the path we first set out over a year ago. First, we have reinvigorated the Department’s traditional law enforcement mission with new resources and new initiatives. I am proud of the work we have done in establishing a Financial Fraud Enforcement Task Force to fight financial crime, leading a Health Care Prevention Task Force that has already pursued major prosecutions, establishing a Border Working Group to combat Mexican cartels, and attacking international organized crime through increased intelligence sharing with our partners. We have implemented new policies to stem the terrible tide of violence against women and children in Indian Country, crafted budgets that will provide critical new funding for law enforcement, civil rights and our nation’s prison system, and we will soon make key recommendations for reforms of sentencing and corrections policy. I appreciate the Attorney General’s having asked me to lead these initiatives and am proud of the progress we have made.

“Second, we have taken significant steps to ensure that we vigorously protect our national security consistent with the rule of law, including working closely with the FBI and the Intelligence Community on major counter-terrorism investigations, working on closing the detention facility at Guantanamo Bay and bringing perpetrators to justice in federal courts or military commissions, and developing a new policy for effective and lawful interrogations.

“Third, we have substantially restored the Department’s historically strong relationship with state, local, and tribal law enforcement through outreach and inclusion on the Department’s major initiatives including the Financial Fraud Enforcement Task Force and HEAT.

“And finally, we have put in place a terrific senior management team that under the Attorney General’s leadership will build on this foundation. Through our work in each of these areas, the goals I hoped to achieve when I accepted this position either have been or soon will be fulfilled. The Department is in good hands, and I feel I can now return to the private practice I have missed these thirteen months.

“It has been a singular privilege to work alongside the Department’s dedicated career professionals, whose commitment to the national interest and the cause of justice is an inspiration to me. I am very grateful to President Obama and Attorney General Holder for the opportunity to serve my country and the Department of Justice in this Administration, and I will continue to assist them in any way possible.”

Sheila Dixon Guilty of Embezzlement

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So, herroner may not be herroner much longer:

Jurors in the theft trial of Sheila Dixon convicted the Baltimore mayor Tuesday on a single charge of taking gift cards intended for the city’s poor.

Although Dixon was acquitted of a felony theft charge, her misdemeanor conviction could force her from office.

Jurors deliberated more than six days after hearing the Democrat was accused of using or keeping $630 worth of gift cards. She allegedly solicited most of the cards from a wealthy developer and then bought electronics at Best Buy, clothes at Old Navy and other items at Target.

The jury convicted her on one count of fraudulent misappropriation by a fiduciary and acquitted her on two counts of felony theft and one count of misconduct in office. Jurors failed to reach a verdict on another count of fraudulent misappropriation by a fiduciary. The conviction carries a maximum penalty of five years in prison, but prosecutors have not decided whether they will seek jail time.

Is it just me, or is this a remarkably small bit of graft with which to sink one’s own career?

Also note that some point she gets removed from office:

Under state law, Dixon would be suspended at sentencing if the conviction is related to her official duties. She would be removed permanently if she loses all her appeals. City Council President Stephanie Rawlings-Blake is in line to be elevated to the mayor’s office, and remaining council members would pick a new president.

I kind of figured that there would be a conviction when she did not testify. Notwithstanding the constitution saying that refusal to testify cannot be used against you, Juries generally do convict when the defendant does not testify.

When Bigots Get Revealed

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No, I’m not talking about the Republican Party, I am talking about the leadership of the Bharatiya Janata Party (BJP) the descendant of the fascist Rashtriya Swayamsevak Sangh (RSS).

You see, after 17 years, the official report on the destruction of the Babri Mosque by a BJP led riot has been released, and it has explicitly stated that the BJP, and the leaders of the party meticulously planned the destruction of the 450 year old structure.

It should be noted that it was this action, and the rioting that followed, that catapulted what had been an obscure bigoted nationalist party onto the Indian public sphere, with negative consequences that continue to this day.

In addition to the uproar, it appears that the leaders cited in the report, most notably former Indian PM Atal Bihari Vajpayee, will not be fielded as candidates.

This is not a report that you are likely to see much of in the US press. (the top link is the Christian Science Monitor, but their beat is overseas)

The reason is that while the BJP may be a party with a history of ethnic cleansing and bigotry, it is also a party that is far more accommodating to foreign investors and foreign banks, and so US media see them as “good guys”.

Ding, Dong, the Witch is Dead

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Mary Beth Buchanan is no longer the US attorney for Western Pennsylvania.

The fact that she was still serving on January 22 is a blot on the Obama administration and the justice department. She went on politically motivated prosecutions and fishing expedition, and was the moron who decided to prosecute Tommy Chong for selling bongs.

I understand the need for continuity, but she is a political hack and a nutcase, and justice is better served by kicking her out on day one, not waiting 10 months.

Her, you sack, and appoint an interim USA.

If He Were a Democrat….

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Now it turns out that it appears that the man who allegedly shot 4 police officers in Tacoma was granted clemency by Huckabee, allowing for his pardon.

This guy’s rap sheet is unbelievable in chronological order, we have:

  • Sentenced at 18 to 60 years for robbery, theft, burglary, aggravated robbery, posession of a gun on school property.
  • After his parole, it was two more armed robberies, and other assorted crimes.
  • Punching a police officer during a domestic dispute.
  • He has a pending charge of 2nd degree child rape.

Let’s make this clear, sentencing people to prison, and paroling them is a crap shoot. Some people don’t need to be in prison a day, some will never, ever be safe to put on the streets.

So, governors will get this wrong, but Huckabee has a particularly bad record, see also the earlier case of Wayne DuMond, where Huckabee seems to have engineered his release because it was a relative of Bill Clinton’s who was raped, and reports that he was more likely to pardon someone when, “evangelical leaders attested that a prisoner had found Jesus“, and it appears that the accused, Maurice Clemmons, used the language of Evangelical Christianity in his appeal for clemency to Huckabee, which likely had something to do with that decision.

There are also cases that seem to be tied to his personally knowing the prisoner, because they worked at the governor’s residence (WTF is up with that?), and because they had personal ties to him.

So, it’s not just that he’s made a mistake, it’s that he’s been a real horror show on this.

Of course, if he were a Democrat with a gig as a new host, someone like Roger Ailes, who created the Willie Horton ads, would be on him, and on the network to dump him, but this won’t happen, because Roger Ailes runs Fox News, and has hired him as that host:

Back in 1988, when it came to light that Willie Horton committed fresh crimes while out on a weekend furlough program backed by then-Gov. Mike Dukakis of Massachusetts, Republicans used it to help destroy Dukakis the presidential candidate. It may even have cost him the election.

“The only question is whether we depict Willie Horton with a knife in his hand or without it,” said a gleeful Roger Ailes, then a media consultant to Republicans.

Ailes now runs Fox News. If they decide to hold the politician accountable for early release of a violent felon linked now to a death of four police officers, they know where to find him – in studio, as a Fox News host.

Consequence free lifestyle, all you have to do is to be a Republican politician…..Damn….I just cannot do that.

Zimbabwe Update

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Well, it’s been a while since I’ve posted on the subject.

The macro picture is that Mugabe continues to refuse to behave in accordance with any of the agreements that he signed, and Tsvangerai can’t do much about it, and the SADC in general, and South Africa in particular, won’t do much about it.

It’s kind of a dysfunctional stasis.

That being said, the trial of Roy Bennett, the MDC treasurer and nominee for deputy agriculture minister, the government’s star witness has said on the stand that his earlier testimony was coerced by torture.

The judge has ruled that eter Michael Hitschmann’s confession cannot be used against Bennett because of this.

Supreme Court to Hearing Business Method Patent Case

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This is big. Basically, the Supreme Court is reviewing a patent on a business method, specifically a way to hedge against inclement weather (I sh$# you not, someone patented betting on a cloudy day), and it could effect the future of much genetic and software algorithm patents, which, after all, are more discoveries than inventions.

I am with the anti-patent side, whose basic argument is here:

Eben Moglen, director of the Software Freedom Law Centre is emphatic that business process patents should never have been allowed in the first place. Patent law, he says, cannot award ownership of facts of nature, or mere mental activities, or algorithms because the Supreme Court has been unambiguous on that point for more than 150 years. However, for the last 20 years, the USPTO and its supervising appellate court have been liberal with patents for inventions consisting of software or business methods enabled by software.

But I would actually go further: While I understand the need to update patent law to apply to new technologies, I believe that the standard should be a clear showing that a lack of significant innovation is resulting from the lack of protection.

After all, the basic reason for IP, Patent and Copyright specifically is to encourage innovation by limiting the rights of other people to use that expression or invention*, as it says in Article 1, Section 8 of the Constitution of the United States:

The Congress shall have power to …..

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

(emphasis mine)

It’s about public benefit, not property rights: a temporary exclusive license is granted to an individual in order to help society as a whole.

While some solutions have been offered to deal with this problem, most notably crowd sourcing patent review, the real solution is to go back to where we were in 1985, when neither genes, species, nor software algorithms were patentable. We got innovations in those areas without those protections.

It should be noted that the Supreme Court only takes the cases that it wants to, and lately when it takes up patent cases, it does so to slap down the USPTO and/or the Federal Patent Court, both of whom tend to be like a man with only a hammer, and see everything like a nail.

In arguments, the court, except for Clarence Thomas, who never talks, appeared to be somewhat disparaging of the arguments of the plaintiffs:

Huge legal expenses and 13 years later, the two men behind the case, Bernard Bilski and Rand Warsaw, had their day in the U.S. Supreme Court on Nov. 9. Most legal experts though, agreed that the duo had no chance of victory. “I don’t think anyone other than Bilski thinks that Bilski deserves a patent,” says Mark Lemley, a professor of law at Stanford University. (See the 50 best inventions of 2009.)

The bench seemed to reflect this view, and several Justices suggested somewhat humorously that if the Bilski argument were to proceed, a number of other ludicrous patents could be issued. Justice Antonin Scalia asked if under Bilski’s argument, methods of horse-training could be patented, while the court’s newest member, Justice Sonia Sotomayor, asked if a “method of speed-dating” was patentable.

The interesting thing here is that most of the business community, excluding patent trolls and their close relatives, realize that the current system is completely out of control, which is obvious when the Wall Street Journal has an OP/ED that describes the case as, “The Supreme Court v. Patent Absurdity“.

*Trademark protection is really about protecting the consumer by ensuring that what they buy is what they thought that they were buying.

Is Pop Musician Bryan Adams Being Investigated For His Involvement in a Child Prostitution Ring?

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Of course not. The only crime of Bryan Adams is that he makes crappy music. From a quick look at the Wiki, it appears that he does charity, though I think that his support of PETA is misguided, and so I have no hostility to him, though if one of his song’s comes on, I will change the station.

In perusing his Wiki page, I also discovered that he also does photography, and appears to be pretty good at this, having won some awards.

So, why do I post this? Because Lindsay Beyerstein, aka Majikthise, had a post on the Runners’ World photos of Sarah Palin that ended up in Newsweek, and in her initial post, she named listed the prographer of record as Bryan Adams, when the photographer was actually Brian Adams.

It’s not surprising that she got a complaint from Mr. Adams’ representatives, after all that’s their job, but their threats were over the top:

Maybe Palin didn’t realize that the photographer, Brian Adams, was depicting her this way. If so, he totally fucked her over. But I think she was on board with the concept. If Palin had assailed Runner’s World for making fun of her, I might now take her complaint about Newsweek seriously. She liked the Runner’s World spread, though. She thought it was appropriate. [NB: In an earlier version of this post, I misspelled Brian Adams’ name “Bryan Adams.” Today, I got an email from a firm called Web Sheriff telling me that they’d take legal action if I didn’t apologize to the rock star Bryan Adams and ACI for any injury I might have caused to his reputation. So, I sincerely apologize to Bryan Adams. I wouldn’t want my name associated with these ridiculous pictures either.]

(emphasis original)

Take legal action? What the f$#@ is wrong with these folks?

Needless to say, when folks like this (Web Sheriff, not Mr. Adams) engage in dick swinging like this, they deserve all the satire that they receive.

As to Mr. Adams, I would suggest that you retain someone with a clue to protect your reputation on line, though the best way to improve your reputation would be to stop making record albums.

BTW, it appears that Web Sheriff is a British firm, and Britain’s nutzo libel laws might very well be behind WS’s attitude.

Texas May Have Outlawed Straight Marriage

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Barbara Ann Radnofsky, Democratic candidate for Texas Attorney General, gave a speech in which she said that the 2005 amendment to the Texas State Constitution bans all forms of marriage:

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that “marriage in this state shall consist only of the union of one man and one woman.” But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively “eliminates marriage in Texas,” including common-law marriages.

A strict reading of the law does seem to indicate that this is true, since marriage is a, “Legal status identical or similar to marriage,” it appears that marriage is illegal in Texas.

Oopsie.

The late, and much missed, Molly Ivins used to say that Texas was, “Mississippi with good roads,” but not it appears that it appears that Texas is “Mississippi with good roads, and no brains.”

Well, at least they are safe from zombie hordes.

I Think that Herroner is Going to Jail

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So the trial of Baltimore Mayor is over, with the defense resting today, so we have final arguments, juror instructions, and then it’s in the Jury’s hands.

I haven’t followed it that closely, but I’m thinking that we will see a conviction, because Sheila Dixon did not testify.

I know that it’s not supposed to happen, but when a political figure is on trial, and refuses to testify, your average jury does hold it against them.

Background here.

9/11 Plotters to be Tried in United States

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There are a couple of interesting points to this development, the first is that Attorney General Holder is clearly cherry picking, with those people for whom he feels that a conviction is guaranteed, such as Khalid Sheikh Mohammed, getting trials in Federal Court, while other people getting military commissions, because they evidence is either shakier or tainted:

Mr. Holder also announced military tribunals for five other Guantanamo detainees, including Abd al-Rahim al-Nashiri, alleged to have planned the 2000 bombing of the USS Cole in Yemen. Officials said the tribunals were chosen, over civilian courts, based on several factors, including the fact that their alleged crimes were against military targets or occurred overseas.

Navy Lt. Cdr. Stephen Reyes, the lawyer for Mr. Nashiri, said “The decision today was legally unsound. The real reason why the government chose to go to a commission was to ensure a conviction through otherwise inadmissible evidence.”

Another issue, and one that has not yet been brought up in the press is that Khalid Sheikh Mohammed’s children are currently being held by the United States, or held by someone with whom the United States has significant control over, and I’m waiting for a defense attorney to say that their client cannot aid in their own defense because, “KSM’s children [ages would appear to be in the 8-12 year old range] are held hostage by the United States.”

I am not a lawyer, I am an engineer, dammit,* but if I were a lawyer, and I were his lawyer, this would be one of the first motions that I would bring up, because if your client has the prospect of harm to his children hanging over his head.

It’s clear that the US knows the location and condition of his children, and this would be yet another mess left by Obama’s refusal to thoroughly clean house following Bush’s gulags.

*I LOVE IT when I get to go all Doctor McCoy!!!

Remember the White House Counsel Getting Fired?

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It only happened on Friday, and my comment at the time about Greg Craig’s replacement, Robert Bauer was, “Think Alberto “Abu” Gonzales writ small.”

Well Glenn Greenwald comes across an essay that Mr. Bauer wrote, where he supports the pardon of Scooter Libby, what’s more he does so in the crassest terms, by suggesting that Bush would harm himself more by pardoning Libby.

Keep this guy away from toilet paper, because he will sign anything.