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Thread: The Government: Doing What's Best For Everyone

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    Default The Government: Doing What's Best For Everyone


    The Forfeiture Racket

    Police and prosecutors won't give up their license to steal.

    Around 3 in the morning on January 7, 2009, a 22-year-old college student named Anthony Smelley was pulled over on Interstate 70 in Putnam County, Indiana. He and two friends were en route from Detroit to visit Smelley’s aunt in St. Louis. Smelley, who had recently received a $50,000 settlement from a car accident, was carrying around $17,500 in cash, according to later court documents. He claims he was bringing the money to buy a new car for his aunt.

    The officer who pulled him over, Lt. Dwight Simmons of the Putnam County Sheriff’s Department, said that Smelley had made an unsafe lane change and was driving with an obscured license plate. When Simmons asked for a driver’s license, Smelley told him he had lost it after the accident. Simmons called in Smelley’s name and discovered that his license had actually expired. The policeman asked Smelley to come out of the car, patted him down, and discovered a large roll of cash in his front pocket, in direct contradiction to Smelley’s alleged statement in initial questioning that he wasn’t, in fact, carrying much money.

    A record check indicated that Smelley had previously been arrested (though not charged) for drug possession as a teenager, so the officer called in a K-9 unit to sniff the car for drugs. According to the police report, the dog gave two indications that narcotics might be present. So Smelley and his passengers were detained and the police seized Smelley’s $17,500 cash under Indiana’s asset forfeiture law.

    But a subsequent hand search of the car turned up nothing except an empty glass pipe containing no drug residue in the purse of Smelley’s girlfriend. Lacking any other evidence, police never charged anybody in the car with a drug-related crime. Yet not only did Putnam County continue to hold onto Smelley’s money, but the authorities initiated legal proceedings to confiscate it permanently.

    Smelley’s case was no isolated incident. Over the past three decades, it has become routine in the United States for state, local, and federal governments to seize the property of people who were never even charged with, much less convicted of, a crime. Nearly every year, according to Justice Department statistics, the federal government sets new records for asset forfeiture. And under many state laws, the situation is even worse: State officials can seize property without a warrant and need only show “probable cause” that the booty was connected to a drug crime in order to keep it, as opposed to the criminal standard of proof “beyond a reasonable doubt.” Instead of being innocent until proven guilty, owners of seized property all too often have a heavier burden of proof than the government officials who stole their stuff.
    Municipalities have come to rely on confiscated property for revenue. Police and prosecutors use forfeiture proceeds to fund not only general operations but junkets, parties, and swank office equipment. A cottage industry has sprung up to offer law enforcement agencies instruction on how to take and keep property more efficiently. And in Indiana, where Anthony Smelley is still fighting to get his money back, forfeiture proceeds are enriching attorneys who don’t even hold public office, a practice that violates the U.S. Constitution.

    Guilty Property, Innocent Owners
    Technically, civil asset forfeiture proceedings are brought against the property itself, not the owner. Hence they often have odd case titles, such as U.S. v. Eight Thousand Eight Hundred and Fifty Dollars or U.S. v. One 1987 Jeep Wrangler. The government need only demonstrate that the seized property is somehow related to a crime, generally either by showing that it was used in the commission of the act (as with a car driven to and from a drug transaction, or a house from which drugs are sold) or that it was purchased with the proceeds.

    Because the property itself is on trial, the owner has the status of a third-party claimant. Once the government has shown probable cause of a property’s “guilt,” the onus is on the owner to prove his innocence. The parents of a drug-dealing teenager, for instance, would have to show they had no knowledge the kid was using the family car to facilitate drug transactions. Homeowners have to show they were unaware that a resident was keeping drugs on the premises. Anyone holding cash in close proximity to illicit drugs may have to document that he earned the money legitimately.

    When owners of seized property put up a legal fight (and the majority do not), the cases are almost always heard by judges, not juries. In some states forfeiture claimants don’t even have the right to a jury trial. But even in states where they do, owners tend to waive that right, because jury proceedings are longer and more expensive. Federal forfeiture claimants are technically guaranteed a jury trial under the Seventh Amendment, but can lose the right if they fail to reply in a timely manner to sometimes complicated government notices of seizure.

    Federal asset forfeiture law dates back to the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970, a law aimed at seizing profits earned by organized crime. In 1978 Congress broadened RICO to include drug violations. But it was the Comprehensive Crime Control Act of 1984 that made forfeiture the lucrative, widely used law enforcement tool it is today.

    “The Crime Control Act did a few things,” says the Virginia-based defense attorney David Smith, author of the legal treatise Prosecution and Defense of Forfeiture Cases. “First, it corrected some poor drafting in the earlier laws. Second, it created two federal forfeiture funds, one in the Justice Department and one in the Treasury. And most important, it included an earmarking provision that gave forfeiture proceeds back to local law enforcement agencies that helped in a federal forfeiture.”
    This last bit was key. “The thinking was that this would motivate police agencies to use the forfeiture provisions,” Smith says. “They were right. It also basically made law enforcement an interest group. They directly benefited from the law. Since it was passed, they’ve fought hard to keep it and strengthen it.”
    The 1984 law lowered the bar for civil forfeiture. To seize property, the government had only to show probable cause to believe that it was connected to drug activity, or the same standard cops use to obtain search warrants. The state was allowed to use hearsay evidence—meaning a federal agent could testify that a drug informant told him a car or home was used in a drug transaction—but property owners were barred from using hearsay, and couldn’t even cross-examine some of the government’s witnesses. Informants, while being protected from scrutiny, were incentivized monetarily: According to the law, snitches could receive as much as one-quarter of the bounty, up to $50,000 per case.

    According to a 1992 Cato Institute study examining the early results of the Comprehensive Crime Control Act, total federal forfeiture revenues increased by 1,500 percent between 1985 and 1991. The Justice Department’s forfeiture fund (which doesn’t include forfeitures from customs agents) jumped from $27 million in 1985 to $644 million in 1991; by 1996 it crossed the $1 billion line, and as of 2008 assets had increased to $3.1 billion. According to the government’s own data, less than 20 percent of federal seizures involved property whose owners were ever prosecuted.

    More than 80 percent of federal seizures are never challenged in court, according to Smith. To supporters of forfeiture, this statistic is an indication of the owners’ guilt, but opponents argue it simply reflects the fact that in many cases the property was worth less than the legal costs of trying to get it back. Under the 1984 law, forfeiture defendants can’t be provided with a court-appointed attorney, meaning an innocent property owner without significant means would have to find a lawyer willing to take his case for free or in exchange for a portion of the property should he succeed in winning it back. And to even get a day in court, owners were forced to post a bond equal to 10 percent of the value of their seized property.

    The average Drug Enforcement Administration (DEA) property seizure in 1998 was worth about $25,000. In 2000 a Justice Department source told the PBS series Frontline that this figure was also the cutoff under which most forfeiture attorneys advised clients that their cases wouldn’t be worth pursuing. So a law aimed at denying drug kingpins their ill-gotten millions ended up affecting mostly those with so little loot it didn’t even make sense to hire an attorney to win it back.

    Police gradually came to view asset forfeiture as not just a way to minimize drug profits, or even to fill their own coffers, but as a tool to enforce maximum compliance on non-criminals. In one highly publicized example from the 1990s, Jason Brice nearly lost the motel he had bought and renovated in a high-crime area of Houston. At the request of local authorities, Brice hired private security, allowed police to patrol his property (at some cost to his business), and spent tens of thousands of dollars in other measures to prevent drug activity on the premises. But when local police asked Brice to raise his rates to deter criminals, he refused, saying it would put him out of business. Stepped up police harassment of his customers caused Brice to eventually terminate the agreement that had allowed them latitude on his property. In less than a month, local and federal officials tried to seize Brice’s motel on the grounds that he was aware of drug dealing taking place there. Brice eventually won, but only after an expensive, drawn-out legal battle.

    By the late 1990s, stories such as Brice’s finally moved Congress to act. After a series of emotional hearings in 2000, Congress passed the Civil Asset Forfeiture Reform Act (CAFRA), authored by Rep. Henry Hyde (R-Ill.). The bill raised the federal government’s burden of proof in forfeiture cases from probable cause to a preponderance of the evidence, the same standard as in other civil cases. It barred the government from using hearsay and allowed owners who won forfeiture challenges to obtain reimbursement for legal expenses.

    The bill wasn’t perfect. Seizures made by customs agents, as opposed to the DEA or FBI, would still be governed by the old rules. Hyde (who died in 2007) wanted an even heavier burden of proof for the government, the “beyond a reasonable doubt” standard used in criminal cases. That didn’t pass. Under CAFRA, the federal government could still take your property without proving beyond a reasonable doubt that any crime was committed, much less that you yourself had committed one. But at least the reforms made the process a bit more difficult.

    Problem was, the 1984 law had already spawned dozens of imitators on the state level, and CAFRA applied only to the feds. Forfeiture had been sending money to police departments and prosecutors’ offices for 16 years, so even in the few states that passed laws to make the process more fair, officials found ways around them. Once the authorities have a license to steal, it turns out to be very difficult to revoke.

    Present Punishment for Future Crimes
    On February 4, 2009, Anthony Smelley got his first hearing before an Indiana judge. Smelley’s attorney, David Kenninger, filed a motion asking for summary judgment against the county, citing a letter from a Detroit law firm stating that the seized money indeed came from an accident settlement, not a drug transaction. Kenninger also argued that because there were no drugs in Smelley’s car, the state had failed to show the required “nexus” between the cash and illegal activity. Putnam County Circuit Court Judge Matthew Headley seemed to agree, hitting Christopher Gambill, who represented Putnam County, with some tough questions. That’s when Gambill made an argument that was remarkable even for a forfeiture case.

    “You have not alleged that this person was dealing in drugs, right?” Judge Headley said.
    “No,” Gambill responded. “We alleged this money was being transported for the purpose of being used to be involved in a drug transaction.”
    Incredibly, Gambill was arguing that the county could seize Smelley’s money for a crime that hadn’t yet been committed. Asked in a phone interview to clarify, Gambill stands by the general principle. “I can’t respond specifically to that case,” he says, “but yes, under the state forfeiture statute, we can seize money if we can show that it was intended for use in a drug transaction at a later date.” (Smelley himself refused to be interviewed for this article.)
    The New York–based attorney Steven Kessler, author of the legal treatise Civil and Criminal Forfeiture: Federal and State Practice, says he has never heard the “future crimes” argument. “Can you imagine any judge in America allowing an argument like that to stand?” Kessler says. “It’s obscene. It’s like something out of that movie Minority Report. We don’t punish people for crimes they haven’t yet committed.”

    Smelley’s fight for his money would only get more bizarre. At the conclusion of the February hearing, Judge Headley temporarily granted the motion for summary judgment, ordering the county to return the money. But there was a catch. Under Indiana law, the county had an additional 10 days to amend its complaint to show a connection between the seized property and illegal activity. If after that 10-day period the state didn’t amend its complaint, or if the judge found the amendments insufficient, Smelley could retrieve his cash and be on his way.

    But Headley would never rule on the amended complaint. Days after issuing summary judgment, Headley pulled himself off the case without explanation. Smelley’s case was then batted around Indiana county courts for months, before finally ending up in front of Special Judge David Bolk. On August 18, more than seven months after Smelley’s money was seized, Bolk overturned Headley’s summary judgment. The opinion was curt, and didn’t offer an explanation. Bolk ordered a civil forfeiture trial for November 13. The trial was then postponed again until January 29, 2010, due to congestion in the court system. That means Putnam County will have held Smelley’s money for more than a year before giving him the opportunity to argue that he should get it back.

    ‘Make the Bad Guys Pay!’
    A survey of state and federal forfeiture since 2000 shows that CAFRA hasn’t stopped the exponential growth of government asset seizure. Adjusted for inflation, the Justice Department’s asset forfeiture fund, which includes proceeds from forfeitures carried out by all federal agencies except Immigration and Customs Enforcement, grew from $1.3 billion in 2001 to $3.1 billion in 2008. (The total includes some money left over from previous years, but according to Smith, almost all of the money is doled out to local and federal agencies on an annual basis.) National Public Radio has reported that between 2003 and 2007, the amount of money seized by local law enforcement agencies enrolled in the federal forfeiture program tripled from $567 million to $1.6 billion. That doesn’t include property seized by local law enforcement agencies without involving federal authorities.

    While the Hyde bill placed some limits on federal civil forfeiture, it eased the process of seizing property in criminal forfeiture cases. Criminal forfeiture requires a conviction, so the property owner at least has to be found guilty of a crime, but the potential for abuse is widespread here, too. For example, prosecutors can “substitute assets” if they believe a defendant has disposed of seizable property. A court will issue a money judgment based on an estimate of how much the defendant has made through criminal endeavors. In some federal districts, prosecutors can then collect by seizing property that they can’t prove was connected to any illegal activity.

    Smith, the Virginia-based forfeiture specialist, says courts generally rubber-stamp the government’s estimate on substitute assets, putting the defendant on the hook for that amount the rest of his life. This practice can be particularly unfair in conspiracy cases, where unequal defendants can be conjoined under the doctrine of joint and several liability. If 10 defendants are convicted in a drug conspiracy case and a court enters a total money judgment for $10 million, all 10 are liable until the $10 million is paid in full. If the five most responsible parties are sent to prison for 40 years, the remaining five—be they mid-level dealers, foot soldiers, or a girlfriend who forwarded a few phone calls—are liable for the entire $10 million, no matter who actually got the money in the end. “The government is always going to go after the guy with the most money, regardless of culpability,” Smith says. “Even if he played only a small role in the conspiracy and earned everything he owns legitimately.”

    Criminal forfeiture can also prevent defendants from effectively contesting the charges against them. When the DEA accuses a doctor of illegally prescribing pain medication, for example, one of the first actions it takes is to freeze his assets for possible forfeiture. Since most doctors make their entire living from their practice, nearly everything they own can be frozen. Many accused doctors therefore don’t have the resources to hire legal representation, much less experts to counter government assertions that they’re prescribing controlled substances outside the normal practice of medicine. Forfeiture makes it nearly impossible for them to mount a credible defense.

    In addition to raising questions of fairness, forfeiture has warped the priorities of law enforcement agencies. In 2008 the Bureau of Alcohol, Tobacco, Firearms, and Explosives asked for bids from private contractors on 2,000 Leatherman pocket knives for its agents, to be inscribed with the phrase “Always Think Forfeiture,” a play on the agency’s traditional “ATF” initials. The agency rescinded the order after it was reported in the Idaho Statesman, but critics said it betrayed the ethic of an organization more interested in taking people’s property than in fighting crime.

    Some police agencies come to view forfeiture not just as an occasional windfall for buying guns, police cars, or better equipment, but as a source of funding for basic operations. This is especially true with multijurisdictional drug task forces, some of which have become financially independent of the states, counties, and cities in which they operate, thanks to forfeiture and federal anti-drug grants.

    In a 2001 study published in the Journal of Criminal Justice, the University of Texas at Dallas criminologist John Worral surveyed 1,400 police departments around the country on their use of forfeiture and the way they incorporated seized assets into their budgets. Worral, who describes himself as agnostic on the issue, concluded that “a substantial proportion of law enforcement agencies are dependent on civil asset forfeiture” and that “forfeiture is coming to be viewed not only as a budgetary supplement, but as a necessary source of income.” Almost half of surveyed police departments with more than 100 law enforcement personnel said forfeiture proceeds were “necessary as a budget supplement” for department operations.

    Such widespread use of forfeiture has created an industry of facilitators. Organizations such as the International Association for Asset Recovery sponsor conferences where law enforcement officials learn how to maximize their asset-seizing potential. They also offer certifications in forfeiture expertise. Advertising a Florida conference on its website in 2009, an outfit called Asset Recovery Watch (slogan: “Make the bad guys pay!”) assures budget-conscious police departments that federal law permits them to use forfeiture funds to send police officers away to forfeiture conferences for training.

    Forfeiture may also undermine actual enforcement of the law. In a 1994 study reported in Justice Quarterly, criminologists J. Mitchell Miller and Lance H. Selva observed several police agencies that identified drug supplies but delayed making busts to maximize the cash they could seize, since seized cash is more lucrative for police departments than seized drugs. This strategy allowed untold amounts of illicit drugs to be sold and moved into the streets, contrary to the official aims of drug enforcement.

    There is also a potential conflict between forfeiture and criminal prosecution. Smith says prosecutors rarely initiate civil forfeiture proceedings against someone who has been acquitted on criminal charges, although the law allows them to do so. “I think the feeling is that a jury would be very skeptical of that—that this person was acquitted in court and that to now try to take his property too is unfair,” he says. “If they don’t think a jury would be sympathetic, it isn’t worth their time to pursue it.” If a prosecutor pursues a criminal case, with its higher burden of proof, he risks losing the ability to take the suspect’s assets. If he drops the criminal case and just goes after the property with a case that is easier to prove, the suspect goes free, but the government gets to keep his stuff.

    “There’s also the temptation for prosecutors to offer a plea on the criminal charges in exchange for forfeiting some of the property,” says Scott Bullock, an attorney with the Institute for Justice, a libertarian public interest law firm. “If you support the drug laws—and not all of us do—but if you support them, you have to question the incentives.”

    Highway Robbery in Texas
    The Supreme Court this spring will rule on Alvarez v. Smith, a challenge to Illinois’ forfeiture statute, which mostly mirrors the 1984 federal law—property can be seized without a warrant, retained using only probable cause; the government can use hearsay, defendants cannot; the burden of proof rests largely on those who have their stuff seized; and even victorious defendants cannot recover court costs or attorney fees.

    The Supreme Court is unlikely to rule on any of those provisions. Instead it will consider a wrinkle that allows the state to keep property for up to six months before giving the owner his first day in court. Innocent property owners can be kept waiting more than a year before getting a decision, a predicament that critics say imposes an unconstitutional burden, particularly in cases where the police have seized someone’s car.

    In other states, the problem isn’t so much the strict provisions on the books, but rather the relevant law’s ambiguity, which can give police and prosecutors too much leeway. Tiny Tenaha, Texas, population 1,046, made national news in 2008 after a series of reports alleged that the town’s police force was targeting black and Latino motorists along Highway 84, a busy regional artery that connects Houston to Louisiana’s casinos, ensuring a reliable harvest of cash-heavy motorists. The Chicago Tribune reported that in just the three years between 2006 and 2008, Tenaha police stopped 140 drivers and asked them to sign waivers agreeing to hand over their cash, cars, jewelry, and other property to avoid arrest and prosecution on drug charges. If the drivers agreed, police took their property and waved them down the highway. If they refused, even innocent motorists faced months of legal hassles and thousands of dollars in attorney fees, usually amounting to far more than the value of the amount seized. One local attorney found court records of 200 cases in which Tenaha police had seized assets from drivers; only 50 were ever criminally charged.

    National Public Radio reported in 2008 that in Kingsville, Texas, a town of 25,000, “Police officers drive high-performance Dodge Chargers and use $40,000 digital ticket writers. They’ll soon carry military-style assault rifles, and the SWAT team recently acquired sniper rifles.” All this equipment was funded with proceeds from highway forfeitures.

    Texas prosecutors benefited too. Former Kimble County, Texas, District Attorney Ron Sutton used forfeiture money to pay the travel expenses for him and 198th District Judge Emil Karl Pohl to attend a conference in Hawaii. It was OK, the prosecutor told NPR, because Pohl approved the trip. (The judge later resigned over the incident.) Shelby County, Texas, District Attorney Lynda Kay Russell, whose district includes Tenaha, used forfeiture money to pay for tickets to a motorcycle rally and a Christmas parade. Russell is also attempting to use money from the forfeiture fund to pay for her defense against a civil rights lawsuit brought by several motorists whose property she helped take. In 2005, the district attorney in Montgomery County, Texas, had to admit that his office spent forfeiture money on an office margarita machine. The purchase got attention when the office won first place in a margarita competition at the county fair.

    While police departments have been benefiting from forfeiture policies for years, funneling the money to prosecutors raises even more problems. “Police merely seize the property,” David Smith says. “They don’t determine which cases go forward. It’s a violation of due process if the prosecutor, the person actually deciding whether or not to bring a forfeiture case, benefits somehow from the decision. You can’t have the same person deciding which cases to take also directly benefiting from those cases.”
    Smith and the Institute for Justice’s Scott Bullock both believe language in the 1982 Supreme Court decision Marshall v. Jerrico Inc. suggests that if a law allowing prosecutors’ offices to benefit from forfeiture proceeds were challenged in federal court, it might be struck down. “Jerrico actually found that a government agency can be reimbursed from the defendant’s assets for the cost of an investigation,” says Bullock. “But in dicta, the Court indicated that it would strike down a law that allowed a particular public official to benefit from bringing a case.” The Institute for Justice brought such a challenge to New Jersey’s forfeiture law, which allows proceeds to flow into the general budgets of district attorneys. The New Jersey Supreme Court rejected the argument. So far no one has used Jerrico to challenge a state forfeiture law in federal court.

    “I think that’s where it needs to happen,” Smith says. “State courts are made up of former prosecutors and other people who have connections to the community. No one wants to be the one who puts an end to all of this. I think it will take a federal court challenge to do it.”

    Not every state has kept its old laws intact. Kessler, the New York attorney and forfeiture expert, says 27 states have adopted CAFRA-style reforms. Some go even further, requiring that the proceeds from forfeited property go directly to the state general fund or to a fund earmarked for a specific purpose, such as education.
    But here, too, things aren’t always as they seem. In Missouri, for example, forfeited property is supposed to go to the state’s public schools. But in 1999 a series of reports in The Kansas City Star showed how Missouri police agencies were circumventing state law. After seizing property, local police departments would turn it over to the DEA or another federal agency. Under federal law, the federal agency can keep 20 percent or more of the money; the rest, up to 80 percent, goes back to the local police department that conducted the investigation. None of the money in these cases goes to the schools.

    The Kansas City Star investigation made national news at the time, but Kessler says the practice of circumventing earmarking through federal “adoption” is now common all over the country. “It happens a lot,” he says. “It clearly goes against the intent of the state legislatures that passed these laws, but I don’t know of any state that has made a serious effort to prevent it from happening.”

    ‘It’s Blatantly Unconstitutional’
    Timothy Bookwalter, the elected chief prosecutor for Putnam County, Indiana, did not represent the county in its effort to keep Anthony Smelley’s money. Nor did anyone else in his office. Instead, the case was handled by Christopher Gambill, a local attorney in private practice. Gambill manages civil forfeiture cases for several Indiana counties, and he gets to keep a portion of what he wins in court. “My contingency for my own county is a quarter; for the others it’s a third,” Gambill says.
    The concept is alarming. If allowing public prosecutors to benefit from forfeiture funds brushes up against due process, allowing an unaccountable private attorney to run forfeiture cases and keep a portion of the winnings rams a steamroller straight through the notion. “This is scandalous,” Kessler says. “It’s blatantly unconstitutional.”
    Gambill not only argues and briefs Putnam County forfeiture cases; he also determines which cases the county pursues in the first place. That means nongovernmental forfeiture attorneys are making criminal justice decisions that directly bolster their incomes. “It’s really bad policy,” David Smith says. “I also don’t see how it could possibly be legal.”

    Mark Rutherford, chairman of the Indiana Public Defender Commission, says he isn’t aware of any court challenges to the practice. “It’s just sort of accepted here that this is the way things are,” Rutherford says. “There are attorneys who have amassed fortunes off of these cases.” The office of Indiana Attorney General Greg Zoeller referred inquiries about this contracting system to the Indiana Prosecuting Attorneys Council, which represents the state’s prosecutors. That organization did not return several calls seeking comment.

    Like Missouri, Indiana theoretically allocates asset forfeiture proceeds to its public schools. In fact, that requirement is spelled out in Indiana’s constitution. But there are ways around this restriction. “If you can get someone to settle without having to go to court, under state law that technically isn’t a forfeiture,” Gambill says. “So it can all go to the police and prosecutors’ offices. After the contingency, of course.”

    ‘We All Get Greedy’
    The country’s lurch to the political left won’t necessarily mean a greater protection for civil liberties in forfeiture cases. Asset seizure, in fact, is one area where conservatives tend to take a less law-enforcement-friendly position than liberals. “Conservatives value property,” Kessler says, “so they tend to be sympathetic to property owners in these cases. If you look back at the Supreme Court cases putting limits on forfeiture, most were written by conservative justices. And of course Rep. Hyde was a conservative Republican.”

    Don’t be surprised, then, if forfeiture power expands in the coming years, particularly with respect to financial fraud, tax evasion, and other white-collar crimes. “It’s always a pendulum, swinging back and forth,” Kessler says. “I think we are in the pro-government phase now.”

    But over the long term, Kessler is more optimistic about reform. Expanding unjust forfeiture laws to include new classes of people makes the members of those classes aware of just how unfair those laws can be. And the government always overplays its hand. “We all get greedy, and the government is no exception,” he says. “I think that in this climate, they’ll go for too much, and then the courts will rein them in. It’s unfortunate that that’s the way it has to happen.”

    As for Anthony Smelley: As of this writing, more than a year after the police took $17,500 of his money, he has yet to have his day in court.
    It's a long, but worthwhile read I think. I'm interested in what some of your opinions will be. Is there any defense for some of this behavior? Among other, equally horrible examples is one where the local government allowed a private attorney to manage forfeiture cases for the prosecutors office. Is this the kind of government you want to empower, and give more authority to?

    Isn't this just another instance of a seemingly well intentioned law becoming warped and deeply entrenched, ultimately causing dangerous and unforeseen consequences?
    Last edited by Enoch the Red; 05-24-2012 at 06:26 PM.

  2. #2
    Let sleeping tigers lie Khendraja'aro's Avatar
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    And you present this as a case against strong governmental rules?

    Again, it's not about the amount of rules, it's about having the right rules. You're conflating quality and quantity here.

    Basically, what you have here is corruption. And corruption comes about in the abscence of the right kind of rules and oversight. There are plenty of countries around with a weak government where stuff like that happens on a regular basis as well.

    Your example only shows what happens if you don't ask yourself "quis custodiet custodes".
    When the stars threw down their spears
    And watered heaven with their tears:
    Did he smile his work to see?
    Did he who made the lamb make thee?

  3. #3
    Quote Originally Posted by Enoch the Red View Post
    It's a long, but worthwhile read I think. I'm interested in what some of your opinions will be. Is there any defense for some of this behavior? Among other, equally horrible examples is one where the local government allowed a private attorney manage forfeiture cases for the prosecutors office. Is this the kind of government you want to empower, and give more authority to?

    Isn't this just another instance of a seemingly well intentioned law becoming warped and deeply entrenched, ultimately causing dangerous and unforeseen consequences?
    Obviously the simplistic anti-left rhetoric grated me, but otherwise yeah, a decent read.

    Now, what I think, well. Let's start with the obvious. Communists used government to brutalize and kill millions of people. The take-home message? That government is bad? That communism is bad? It sounds easy enough. We like simple answers. I'm not convinced, though. (The argument against communism I think I can accept is that it demands of its participants to abandon 'human nature', but that's a hypothesis, not fact)

    The Theology of Wealth results in the immediate corollary that also in the legal sphere bad things may only happen to bad people; people deserving of the wailing and the gnashing of teeth. (The article amusingly suggests conservatives value property, not so much the freedom from wailing and the gnashing of teeth, but that's a straw-man...)

    I think we can fairly safely assume the US cannot and will not culturally reject the Theology of Wealth any time soon, even though fringe elements on the right and left will always try to fight against it. So we may therefore also take as an assumption that segments of the US public will continue, in the long-term, to completely disregard the seeming situation that US police behave like a mafia with the people's mandate. When people believing in the Theology of Wealth end up being chewed up by this ravenous beast, you get those 'emotional testimonies' the article alluded to, people are appalled for awhile, but it is viewed as a temporary failure of the Theology, some 'bad seeds' ruining what is otherwise mostly a good and desirable system.

    The way I see it, there are roughly three alternatives to pursue here, if change is to be had.

    1) An armed insurrection by the 'rugged individualist' movement against the United States government. Now, first of all, the United States government is in possession of the most advanced and powerful armed force in the world. People with assault rifles won't have much luck against Predator drones... An open question, of course, is whether or not the military would actually side with the government in an open conflict situation. I do not have sufficient information to answer that question.

    It bears remembering, however, that even were the armed insurrection 'successful', the success usually implies wide-spread anarchy and brutality, with the following instability giving ample possibility for fringe movements to effectively capture the whole or portions of the nation. With these two things to consider, it seems to me a bad idea to take up arms against the government.

    2) Electing elements like the Teapers, who will more or less carve up government from the inside out. By electing a movement dedicated to bring about the down-fall of government, the 'Blue Mafia' would be starved as they would be deprived means of robbing people. This seems to present a few down-sides as well.

    There will be strong resistance by the bureaucracy if it looks like they're in danger. This could aggravate the situation until the Teapers or similar anti-governance movement gain absolute majority in governance (after which dismantling it). Again, increased brutality and chaos, as portions of the populace would try to fight the criminal system on a local level.

    The philosophy of the Theology of Wealth being such a dominating factor in culture, the populace would also to some degree see this as a negative. The portrayal of the police as always good guys, the works, a significant fraction of the populace would want to keep funding the police. If, from above, both taxation is practically eradicated except from the lower income residents, and the ability to effectively rob people also removed, the police departments would have to seek funding through other, less governmental means. Cops for hire? This would also lead to increased injustice, I am almost certain. (Injustice is a relative term, of course...)

    Plus, the total dismantling of governance would both remove from the majority of the population any ability to affect how the society around them shapes (of course it's up for debate how much influence they have now), and most likely hand over the reins of society to the extremely affluent. I don't personally understand this burning desire for a return to feudalism.

    3) Accepting that the culture will not be able to perceive the police force as the mob, and thereby that they need to be funded somehow, revenue streams from less corruptible sources are pursued. Now unfortunately this also goes against the Theology of Wealth; taxation has been made to seem a greater injustice than corrupt cops robbing small businesses in the national discourse! The article falsely speaks of some terrifying 'swing to the left', while the national discourse revolves around slut-shaming and whether homosexual love is genuine. Trying to introduce a rational discussion on fiscal/economical matters into that, well... Sisyphos would look down with pity on the poor fool who tried.

    Personally, I don't see this article as a valid argument against government. If stores only sold cereal with 10% dead spiders in, I wouldn't want to buy cereal, but that doesn't mean good cereal cannot be had, ever. But unfortunately I could be convinced your nation does think this article, and similar sentiment founded on other issues such as taxes, presents an unbreakable grid-lock. At least for any democratic resolution. If armed insurrection gains momentum, or feudalism is re-instated, the situation will then change, but if the entire culture itself has been turned against democracy, what possibility is there of improving the situation democratically?

    So, maybe you're right. What needs to happen is the removal of democratic governance. After a period of instability, a new equilibrium would be found. How many corpses that'd take, I don't know.

    And then there are external enemies, as well...
    In the future, the Berlin wall will be a mile high, and made of steel. You too will be made to crawl, to lick children's blood from jackboots. There will be no creativity, only productivity. Instead of love there will be fear and distrust, instead of surrender there will be submission. Contact will be replaced with isolation, and joy with shame. Hope will cease to exist as a concept. The Earth will be covered with steel and concrete. There will be an electronic policeman in every head. Your children will be born in chains, live only to serve, and die in anguish and ignorance.
    The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil, no good, nothing but blind, pitiless indifference.

  4. #4
    Quote Originally Posted by Khendraja'aro View Post
    And you present this as a case against strong governmental rules?

    Again, it's not about the amount of rules, it's about having the right rules. You're conflating quality and quantity here.

    Basically, what you have here is corruption. And corruption comes about in the abscence of the right kind of rules and oversight. There are plenty of countries around with a weak government where stuff like that happens on a regular basis as well.

    Your example only shows what happens if you don't ask yourself "quis custodiet custodes".
    You might want to look up the definition of corruption. The problem here is bad laws, not bad implementation of laws.
    Hope is the denial of reality

  5. #5
    Thanks for the article! It's pretty awful reading, and you can't help but wonder why the voters in all these republican places refuse to hold their officials accountable. Good thing several of the worst idiots mentioned in the article were investigated and either prosecuted or forced to resign, several years ago.





    Putnam County -- R

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    Illinois’ forfeiture statute -- upheld by conservative US supreme court

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    Kingsville, Texas -- D?

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    "One day, we shall die. All the other days, we shall live."

  6. #6
    Let sleeping tigers lie Khendraja'aro's Avatar
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    Quote Originally Posted by Loki View Post
    You might want to look up the definition of corruption. The problem here is bad laws, not bad implementation of laws.
    If government officials take money that isn't theirs - that's pretty much corruption right there.

    And I think I actually said that part about "bad laws". But thanks for repeating my argument for me.
    When the stars threw down their spears
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  7. #7
    Stingy DM Veldan Rath's Avatar
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    What gets me is this is blatantly flies in the face of the 4th, 5th, and 6th (and maybe 7th and 8th) Amendments to the Constitution. It's obviously a conflict of interest...who the hell thought these laws were a good idea?
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  8. #8
    Senior Member Flixy's Avatar
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    Quote Originally Posted by Khendraja'aro View Post
    If government officials take money that isn't theirs - that's pretty much corruption right there.

    And I think I actually said that part about "bad laws". But thanks for repeating my argument for me.
    I'd say corruption is for personal gain, this is not personal. And corruption implies it's against the law, so following the law can't be corruption.
    Keep on keepin' the beat alive!

  9. #9
    Quote Originally Posted by Aimless View Post
    Thanks for the article! It's pretty awful reading, and you can't help but wonder why the voters in all these republican places refuse to hold their officials accountable. Good thing several of the worst idiots mentioned in the article were investigated and either prosecuted or forced to resign, several years ago.





    Putnam County -- R

    Indiana -- R, R governor

    (RICO) Act of 1970 -- D congress, R president

    1978 Congress -- D congress & president

    Comprehensive Crime Control Act of 1984 -- R senate, D house, R president

    Houston -- D/R

    2000 Congress -- R congress, D president

    Judge Headley -- R

    Special Judge David Bolk -- ??

    International Association for Asset Recovery -- ??

    Texas -- R

    Illinois’ forfeiture statute -- upheld by conservative US supreme court

    Tenaha, Texas -- R

    Kingsville, Texas -- D?

    Kimble County, Texas -- R

    District Attorney Ron Sutton & District Judge Emil Karl Pohl -- R? D? Criminals

    Shelby County, Texas -- R

    District Attorney Lynda Kay Russell (of Shelby County) -- R? D? Possible criminal

    Christmas -- R

    district attorney in Montgomery County, Texas -- R, R county

    New Jersey -- D?

    New Jersey Supreme Court -- D?

    Missouri -- R-ish?

    Mark Rutherford, chairman of the Indiana Public Defender Commission -- I!!!
    Is this supposed to be some kind of gotcha moment? You realize, of course, that I'm a giant L, right?

  10. #10
    I just took it as a reminder that for some people, the letter next to a person's name is more important than what they say or do. I commend Aimless in this, it's much more efficient to just talk about those letters than to pretend to be talking about the issue at hand while actually talking about the letters by proxy.

  11. #11
    Quote Originally Posted by Khendraja'aro View Post
    If government officials take money that isn't theirs - that's pretty much corruption right there.

    And I think I actually said that part about "bad laws". But thanks for repeating my argument for me.
    The government gets to decide what money is theirs and what is not. Using your logic, a socialist state is by definition corrupt. As Flixy says, corruption entails acting for personal gain, and outside the purview of the law.
    Hope is the denial of reality

  12. #12
    Let sleeping tigers lie Khendraja'aro's Avatar
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    Quote Originally Posted by Loki View Post
    The government gets to decide what money is theirs and what is not. Using your logic, a socialist state is by definition corrupt. As Flixy says, corruption entails acting for personal gain, and outside the purview of the law.
    And since this is obviously unconstitutional, it actually is outside the purview of the law. Also:

    Gambill not only argues and briefs Putnam County forfeiture cases; he also determines which cases the county pursues in the first place. That means nongovernmental forfeiture attorneys are making criminal justice decisions that directly bolster their incomes.
    When the stars threw down their spears
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    Did he smile his work to see?
    Did he who made the lamb make thee?

  13. #13
    Quote Originally Posted by Nessus View Post
    Obviously the simplistic anti-left rhetoric grated me, but otherwise yeah, a decent read.

    Now, what I think, well. Let's start with the obvious. Communists used government to brutalize and kill millions of people. The take-home message? That government is bad? That communism is bad? It sounds easy enough. We like simple answers. I'm not convinced, though. (The argument against communism I think I can accept is that it demands of its participants to abandon 'human nature', but that's a hypothesis, not fact)
    I think the stronger takeaway message is that people, organizations, and governments without, (or with few) checks on their power are more than capable, and in many cases even willing to do horrible things. What is more, often it isn't believed the things that are being done are horrible, or their original actions/intent can otherwise be twisted in ways that the original framers did not plan for. To say, "The State must be protected," is often seen as noble. To "protect" the State at all costs often is not.

    It strikes me as hubris to think that the problem with government is we just haven't found the right combination and permutation that will be somehow be incorruptible, and capable of crafting perfect legislation. It ignores that government is comprised of humans, both good and bad, and that even those of us with the best intentions can still make terrible mistakes. It is far better, I believe, to try and craft a government that can function while doing the least amount of damage as opposed to determining for everyone what constitutes the greater good.

    The Theology of Wealth results in the immediate corollary that also in the legal sphere bad things may only happen to bad people; people deserving of the wailing and the gnashing of teeth. (The article amusingly suggests conservatives value property, not so much the freedom from wailing and the gnashing of teeth, but that's a straw-man...)

    I think we can fairly safely assume the US cannot and will not culturally reject the Theology of Wealth any time soon, even though fringe elements on the right and left will always try to fight against it. So we may therefore also take as an assumption that segments of the US public will continue, in the long-term, to completely disregard the seeming situation that US police behave like a mafia with the people's mandate. When people believing in the Theology of Wealth end up being chewed up by this ravenous beast, you get those 'emotional testimonies' the article alluded to, people are appalled for awhile, but it is viewed as a temporary failure of the Theology, some 'bad seeds' ruining what is otherwise mostly a good and desirable system.
    I don't think I am seeing the same connection between the Theology of Wealth and the failures of government that you are. More often than not the two seem to be at odds with each other, (though what and how you define the Theology of Wealth is still unclear to me) with separate means and ends. It's easy to feel as though you are trying to conflate the two because it fits within your ideological framework, (something I too am no doubt guilty of) instead of empirically and logically linking them in some consistent way.

    The way I see it, there are roughly three alternatives to pursue here, if change is to be had.

    1) An armed insurrection by the 'rugged individualist' movement against the United States government. Now, first of all, the United States government is in possession of the most advanced and powerful armed force in the world. People with assault rifles won't have much luck against Predator drones... An open question, of course, is whether or not the military would actually side with the government in an open conflict situation. I do not have sufficient information to answer that question.

    It bears remembering, however, that even were the armed insurrection 'successful', the success usually implies wide-spread anarchy and brutality, with the following instability giving ample possibility for fringe movements to effectively capture the whole or portions of the nation. With these two things to consider, it seems to me a bad idea to take up arms against the government.
    I agree with the gist of this, which is armed insurrection against the government would be futile, and nothing would do more to galvanize support for the state, right or wrong, than an open rebellion.

    2) Electing elements like the Teapers, who will more or less carve up government from the inside out. By electing a movement dedicated to bring about the down-fall of government, the 'Blue Mafia' would be starved as they would be deprived means of robbing people. This seems to present a few down-sides as well.

    There will be strong resistance by the bureaucracy if it looks like they're in danger. This could aggravate the situation until the Teapers or similar anti-governance movement gain absolute majority in governance (after which dismantling it). Again, increased brutality and chaos, as portions of the populace would try to fight the criminal system on a local level.

    The philosophy of the Theology of Wealth being such a dominating factor in culture, the populace would also to some degree see this as a negative. The portrayal of the police as always good guys, the works, a significant fraction of the populace would want to keep funding the police. If, from above, both taxation is practically eradicated except from the lower income residents, and the ability to effectively rob people also removed, the police departments would have to seek funding through other, less governmental means. Cops for hire? This would also lead to increased injustice, I am almost certain. (Injustice is a relative term, of course...)

    Plus, the total dismantling of governance would both remove from the majority of the population any ability to affect how the society around them shapes (of course it's up for debate how much influence they have now), and most likely hand over the reins of society to the extremely affluent. I don't personally understand this burning desire for a return to feudalism.
    I think you are either mistaken in your understanding of the goals of Teapers, or are willfully misrepresenting them if you believe they are advocating the wholesale dismantling and destruction of society. There are groups out there who do have that as their goal, I won't deny that, but the Tea Party is certainly not one of those groups. I think that is akin to your criticism of the simplistic rhetoric and analysis of the article, only you are applying it to the positions of those you disagree with.
    Last edited by Enoch the Red; 05-25-2012 at 02:03 AM.

  14. #14
    Quote Originally Posted by Wraith View Post
    I just took it as a reminder that for some people, the letter next to a person's name is more important than what they say or do. I commend Aimless in this, it's much more efficient to just talk about those letters than to pretend to be talking about the issue at hand while actually talking about the letters by proxy.
    I was addressing this part of the article:

    The country’s lurch to the political left won’t necessarily mean a greater protection for civil liberties in forfeiture cases. Asset seizure, in fact, is one area where conservatives tend to take a less law-enforcement-friendly position than liberals. “Conservatives value property,” Kessler says, “so they tend to be sympathetic to property owners in these cases. If you look back at the Supreme Court cases putting limits on forfeiture, most were written by conservative justices. And of course Rep. Hyde was a conservative Republican.”
    Here is the rest of my post, for your benefit:

    Thanks for the article! It's pretty awful reading, and you can't help but wonder why the voters in all these republican places refuse to hold their officials accountable. Good thing several of the worst idiots mentioned in the article were investigated and either prosecuted or forced to resign, several years ago.
    It's all well and good to blame the government, but this has been going on for a long time and I don't understand why the voters in a democratic nation don't exert more influence over their law-makers and -enforcers so that these officials stop doing things that are not only wrong but apparently also blatantly unconstitutional. Conservatives hate gummint and value property, while liberals don't like their governments making their ideology look bad, and neither side is all that keen on mischief such as that described in the article. Yet mischief persists and nothing gets changed or challenged in a nation where the power ultimately--ostensibly--rests in the hands of the very people who no doubt think these practices are wrong. Why?

    Several states have changed their laws summat. Several people have been investigated and/or prosecuted and/or dismissed. The system is more active than the people. The people quite obviously don't give a damn.
    "One day, we shall die. All the other days, we shall live."

  15. #15
    Quote Originally Posted by Aimless View Post
    I was addressing this part of the article:
    At the time of writing the makeup of Congress was as follows:

    Senate House
    Congress Years Total Dems Reps Others Vacant Total Dems Reps Others Vacant
    111th 2009–2011 100 57 41 2 2 435 256 178 1

    With a president that clearly leans to the left at the head of the Executive Branch. To say that the country seemed to be swinging to the left does not seem to be an overstatement.

    It's all well and good to blame the government, but this has been going on for a long time and I don't understand why the voters in a democratic nation don't exert more influence over their law-makers and -enforcers so that these officials stop doing things that are not only wrong but apparently also blatantly unconstitutional. Conservatives hate gummint and value property, while liberals don't like their governments making their ideology look bad, and neither side is all that keen on mischief such as that described in the article. Yet mischief persists and nothing gets changed or challenged in a nation where the power ultimately--ostensibly--rests in the hands of the very people who no doubt think these practices are wrong. Why?

    Several states have changed their laws summat. Several people have been investigated and/or prosecuted and/or dismissed. The system is more active than the people. The people quite obviously don't give a damn.
    I think the general impression is that this is a law that only affects bad people. Only criminals need to worry about having their property taken, and only criminals need to fear the long arm of the law. To be seen as being soft on crime, and those that would commit it is political suicide. To make matters worse, the nuances of how an ostensibly "good" law could be abused rarely makes for a compelling story. What is more telling is how systemically this has infiltrated law enforcement as a tool to generate revenue. When you are using tax payer dollars to buy thousands of knives that have been inscribed with, "Always Think Forfeiture," there has been a sea change from protect and serve to self serve.
    Last edited by Enoch the Red; 05-24-2012 at 10:09 PM.

  16. #16
    *Picard facepalm* @ original article.

  17. #17
    Quote Originally Posted by Enoch the Red View Post
    ...

    It strikes me as hubris to think that the problem with government is we just haven't found the right combination and permutation that will be somehow be incorruptible, and capable of crafting perfect legislation. It ignores that government is comprised of humans, both good and bad, and that even those of us with the best intentions can still make terrible mistakes. It is far better, I believe, to try and craft a government that can function while doing the least amount of damage as opposed to determining for everyone what constitutes the greater good.
    I don't know anyone who thinks legislation can be perfect, do you? What I find interesting is that your Libertarian ideal demands that same-right combo of human intentions, yet attributes most damage is done by governments...instead of individuals....while acknowledging that gov't IS comprised of humans/individuals, both good and bad.


    Okay, so I didn't read the whole story you posted because it was Putnam County, Indiana. Sad to say, but some "stereotypes" are actually rooted in fact. Rural and small town Indiana has a long history of corrupt sheriffs, county police and police chiefs that can be bought, and a nepotism mixed with croneyism. You know it's true. Anyone who knows the history of the KKK in southern Indiana, or has exceeded the speed limit on any rural Indiana road knows it's true. Metro-Indianapolis, or the "Region" at the Illinois state border is not representative of the whole state. IN has just as much in common with rural Kentucky or West Virginia...and a redneck good old boy network...as it does with urban centers like Chicago or St. Louis.

    Ghost, I can't decide whether you're lamenting the gradual loss of "rural country" (where folks can drive a pick-up truck with expired plates, or a couple of guys are in the truck bed on folding lawn chairs, drinking beer from a cooler, holding their shotguns, but no policeman would give them a citation), or if you're lamenting the fact that the greater good now includes urban definitions --- as urban/suburban/exurban sprawls into once "rural" areas.

  18. #18
    Quote Originally Posted by GGT View Post
    I don't know anyone who thinks legislation can be perfect, do you? What I find interesting is that your Libertarian ideal demands that same-right combo of human intentions, yet attributes most damage is done by governments...instead of individuals....while acknowledging that gov't IS comprised of humans/individuals, both good and bad.
    I don't think you really grasp libertarianism, GGT, and I know for certain you don't know what it demands.


    Okay, so I didn't read the whole story you posted because it was Putnam County, Indiana. Sad to say, but some "stereotypes" are actually rooted in fact. Rural and small town Indiana has a long history of corrupt sheriffs, county police and police chiefs that can be bought, and a nepotism mixed with croneyism. You know it's true. Anyone who knows the history of the KKK in southern Indiana, or has exceeded the speed limit on any rural Indiana road knows it's true. Metro-Indianapolis, or the "Region" at the Illinois state border is not representative of the whole state. IN has just as much in common with rural Kentucky or West Virginia...and a redneck good old boy network...as it does with urban centers like Chicago or St. Louis.

    Ghost, I can't decide whether you're lamenting the gradual loss of "rural country" (where folks can drive a pick-up truck with expired plates, or a couple of guys are in the truck bed on folding lawn chairs, drinking beer from a cooler, holding their shotguns, but no policeman would give them a citation), or if you're lamenting the fact that the greater good now includes urban definitions --- as urban/suburban/exurban sprawls into once "rural" areas.
    ...

    You clearly didn't read any of it, GGT, and yet you somehow manage to ascribe a position, (I'm lamenting even!) to me I have not even come close to taking (the gradual loss of rural country), while simultaneously making grossly inaccurate assumptions about the article, (that it's about nepotistic, racist, backwater police officers in Indiana) in what would be a remarkable feat of non sequitural posting by any other poster, but somehow is exactly what I expected from you. No less than six posters, from very different backgrounds, and with very different opinions (very likely seven, but Agamemnus contribution is open to interpretation) were able to read the article, and what I, and others posted, and come to a somewhat logical and relevant conclusion.

    Before you know it, this will somehow be related to derivatives, toxic assets, speculation, paternalistic right wing Christians, and the lack of Planned Parenthood in small town America.

    Please, if you have something relevant to add, do so. You might start by reading the article, and the discussions that followed. I know I was leaving this door open when asking for opinions, but this is absurd.

  19. #19
    You're convinced that only Libertarians (such as yourself) can adequately (a) identify true corruption, and (b) be entrusted to define "damage to individual freedom" vs "damage to the greater good". I learned more by reading others' posts, and how you responded, than reading the full article. The article itself wasn't what you wanted to discuss.....

    and now I'm too tired to continue, so maybe tomorrow? ZZZZZZZZ

  20. #20
    Quote Originally Posted by GGT View Post
    You're convinced that only Libertarians (such as yourself) can adequately (a) identify true corruption, and (b) be entrusted to define "damage to individual freedom" vs "damage to the greater good". I learned more by reading others' posts, and how you responded, than reading the full article. The article itself wasn't what you wanted to discuss.....
    Okay, I'll bite. How exactly did you come to that conclusion? And lets try being specific. I encourage you to even quote what has been written! Or, are you going to go about it the same way you did before, which, we might remember led to your conclusion that this article was about dwindling rural areas, and racism? That is to say, by not reading and making ridiculous assumptions.

  21. #21
    Quote Originally Posted by Khendraja'aro View Post
    And you present this as a case against strong governmental rules?

    Again, it's not about the amount of rules, it's about having the right rules. You're conflating quality and quantity here.

    Basically, what you have here is corruption. And corruption comes about in the abscence of the right kind of rules and oversight. There are plenty of countries around with a weak government where stuff like that happens on a regular basis as well.

    Your example only shows what happens if you don't ask yourself "quis custodiet custodes".
    I would argue that increased quantity of rules inevitably leads to lower-quality of rules. Complexity breeds unending litigation like this over something that appears simple...by making it more complex.

    We see lots of diminishing returns across many areas of public life. The sheer number of "students" in Berlin strongly indicates that our modern age has produced a stunning quantity of scholars, but that doesn't mean the quality of those scholars is particularly high.

  22. #22
    Quote Originally Posted by Dreadnaught View Post
    I would argue that increased quantity of rules inevitably leads to lower-quality of rules.
    Interesting observation.

  23. #23
    Quote Originally Posted by Enoch the Red View Post
    I think the stronger takeaway message is that people, organizations, and governments without, (or with few) checks on their power are more than capable, and in many cases even willing to do horrible things. What is more, often it isn't believed the things that are being done are horrible, or their original actions/intent can otherwise be twisted in ways that the original framers did not plan for. To say, "The State must be protected," is often seen as noble. To "protect" the State at all costs often is not.
    I agree; I think I've raved about the loss of checks in modern democracies in one of my many rants here. Fringe parties have an easier time in Europe than over there, and whoo boy they are sitting pretty right now.

    Quote Originally Posted by Enoch the Red View Post
    It strikes me as hubris to think that the problem with government is we just haven't found the right combination and permutation that will be somehow be incorruptible, and capable of crafting perfect legislation. It ignores that government is comprised of humans, both good and bad, and that even those of us with the best intentions can still make terrible mistakes. It is far better, I believe, to try and craft a government that can function while doing the least amount of damage as opposed to determining for everyone what constitutes the greater good.
    I'm not entirely following your train of thought here.

    Of course it is impossible to create a government that will be incorruptible 'til perpetuity; that's one reason to have those checks.

    I am at a loss as to how define perfection in legislation. Part of the reason to have government (in democracy, anyway) is to help resolve the conflicts between different interests (and interest groups). This is a dynamic system. For lack of a better word, 'power' is constantly moving between these interests, and hopefully the population can through the government voice their opinion on the distribution at a given time. From this it follows that legislation is always 'for' someone and 'against' someone else, in some (often abstract and remote) way.

    I have no idea what to do with the greater good comment.

    Quote Originally Posted by Enoch the Red View Post
    I don't think I am seeing the same connection between the Theology of Wealth and the failures of government that you are. More often than not the two seem to be at odds with each other, (though what and how you define the Theology of Wealth is still unclear to me) with separate means and ends. It's easy to feel as though you are trying to conflate the two because it fits within your ideological framework, (something I too am no doubt guilty of) instead of empirically and logically linking them in some consistent way.
    I apologize; I mistakenly thought it was implicit that we all operate from incomplete information and with limited faculties. It is my (limited) understanding that the social sciences haven't come up with psychohistory just yet, that is to say a way to empirically study societies to a degree where numerical modeling etc could produce even first-order explanations for observations.

    'Ideology' is a term for one's model of the world. Right? Now, since we are, at this time as a species, unable to produce (useful) mathematical models from sufficient amounts of empirical data, I believe we must agree as an axiom in all our political discourse that each participant operates on the basis of some model, ideology.

    To me, it makes sense that informed self-interested agents will operate based on the information and means available to pursue those interests. Ergo, it makes perfect sense for the 'moneyed elite' to use and proliferate ideologies such as Theology of Wealth onto the voting populace, because this makes it simpler for them to influence legislation in their favour.

    Quote Originally Posted by Enoch the Red View Post
    I think you are either mistaken in your understanding of the goals of Teapers, or are willfully misrepresenting them if you believe they are advocating the wholesale dismantling and destruction of society. There are groups out there who do have that as their goal, I won't deny that, but the Tea Party is certainly not one of those groups. I think that is akin to your criticism of the simplistic rhetoric and analysis of the article, only you are applying it to the positions of those you disagree with.
    Oh, not society, government (as we reasonably use the term). But I do admit I have not studied their, hm, movement very closely as they are, to me, hilarious rather than interesting politically.

    That doesn't mean they can't be dangerous, though.
    Last edited by Nessus; 05-26-2012 at 03:23 PM.
    In the future, the Berlin wall will be a mile high, and made of steel. You too will be made to crawl, to lick children's blood from jackboots. There will be no creativity, only productivity. Instead of love there will be fear and distrust, instead of surrender there will be submission. Contact will be replaced with isolation, and joy with shame. Hope will cease to exist as a concept. The Earth will be covered with steel and concrete. There will be an electronic policeman in every head. Your children will be born in chains, live only to serve, and die in anguish and ignorance.
    The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil, no good, nothing but blind, pitiless indifference.

  24. #24
    Let sleeping tigers lie Khendraja'aro's Avatar
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    Quote Originally Posted by Dreadnaught View Post
    I would argue that increased quantity of rules inevitably leads to lower-quality of rules. Complexity breeds unending litigation like this over something that appears simple...by making it more complex.

    We see lots of diminishing returns across many areas of public life. The sheer number of "students" in Berlin strongly indicates that our modern age has produced a stunning quantity of scholars, but that doesn't mean the quality of those scholars is particularly high.
    Yes, Dread, life is so simplistic, we only need the Ten Commandments to cover all the bases...

    And I don't quite get what you of all people should know about the life of a student in Berlin. Please don't talk about stuff you haven't got the faintest of inklings about.
    Not to mention that you're conflating quality and quantity again, this time even without any knowledge of the subject.

    Are we all now allowed to make wild suggestions and pose them as truth?

    In that case I'll posit that "Quality = quantity conflaters" are people who do not think before they speak.
    When the stars threw down their spears
    And watered heaven with their tears:
    Did he smile his work to see?
    Did he who made the lamb make thee?

  25. #25
    Must be why Germany is 98th in the world in the ease of starting a business.

    http://www.doingbusiness.org/rankings
    Hope is the denial of reality

  26. #26
    Let sleeping tigers lie Khendraja'aro's Avatar
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    Quote Originally Posted by Loki View Post
    Must be why Germany is 98th in the world in the ease of starting a business.

    http://www.doingbusiness.org/rankings
    Do I talk Chinese? It's about the right kind of laws, not the absolute amount.

    If a law does not serve its purpose then it either needs to be changed or abolished. I don't care for the number of laws. Because that's a nonsensical metric.

    In case that still wasn't understood (though I made my point as simple as possible. I don't doubt Loki will try to twist it again into something I have not said, like he has done before in this same thread), let me construct an example.

    Let's create the law "Do not kill" where breaking this law will be punishable by death.
    Simple as it gets, should appease the "we have too many laws" crowd, shouldn't it?

    Except: The one who kills the lawbreakers now runs afoul of the law himself due to him having killed. Drat. Revision #1.
    Except: The law would also punish those who only kill in self-defense. Drat. Revision #2. Already.

    Okay, now we arrived at "Do not murder". Now we have to define the term. We also have to create a position of someone who defines when someone has murdered and when not. We also have to create at least one position of someone else watching over this guy before he lets his buddies get away with murder (literally).

    And so on. Or does anyone really want to argue that we don't need these kinds of articles for a law like that?

    This is what I mean by: Right kind of law. Simply pointing out that "we have too many laws!" does not serve a real purpose - it's just a demagogic tactic, appealing to simple minds who think that the world is too complicated. Except that the world does not work like that.
    Real life is anything but simple and our laws will inevitably reflect that fact.

    Simply pruning laws without rhyme or reason would be like trimming a hedge down to the roots - killing it in the process. Yes, it may need pruning. But it needs sensible pruning.
    When the stars threw down their spears
    And watered heaven with their tears:
    Did he smile his work to see?
    Did he who made the lamb make thee?

  27. #27
    And how frequently do governments engage in this sensible pruning?
    Hope is the denial of reality

  28. #28
    Quote Originally Posted by Loki View Post
    And how frequently do governments engage in this sensible pruning?
    Well? You know the data better than we do. How often?
    In the future, the Berlin wall will be a mile high, and made of steel. You too will be made to crawl, to lick children's blood from jackboots. There will be no creativity, only productivity. Instead of love there will be fear and distrust, instead of surrender there will be submission. Contact will be replaced with isolation, and joy with shame. Hope will cease to exist as a concept. The Earth will be covered with steel and concrete. There will be an electronic policeman in every head. Your children will be born in chains, live only to serve, and die in anguish and ignorance.
    The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil, no good, nothing but blind, pitiless indifference.

  29. #29
    I think the results speak for themselves.
    Hope is the denial of reality

  30. #30
    Quote Originally Posted by Loki View Post
    I think the results speak for themselves.
    In the future, the Berlin wall will be a mile high, and made of steel. You too will be made to crawl, to lick children's blood from jackboots. There will be no creativity, only productivity. Instead of love there will be fear and distrust, instead of surrender there will be submission. Contact will be replaced with isolation, and joy with shame. Hope will cease to exist as a concept. The Earth will be covered with steel and concrete. There will be an electronic policeman in every head. Your children will be born in chains, live only to serve, and die in anguish and ignorance.
    The universe we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, no evil, no good, nothing but blind, pitiless indifference.

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