PS: The Rittenhouse Case

Another observer, Kurt Eichenwald, makes a good point:

. . . the biggest villains here are the Kenosha police, who refused to protect protesters by treating right-wing, gun-toting civilians as adjuncts to law enforcement. THAT is where politics & white supremacy should be most condemned – it’s institutional and allowed the streets to be filled with thugs like Rittenhouse, whose mere presence created the potential for this. But the presence of these dangerous people was not a crime.

These Brief Words About the Rittenhouse Case Sound Right to Me

Seventeen-year-old Kyle Rittenhouse traveled to Kenosha, Wisconsin, last year with an AR-15 semi-automatic rifle, saying he wanted to protect private property. This was during unrest following an earlier incident in which a policeman repeatedly shot an unarmed black man. Confronted and pursued by demonstrators, Rittenhouse killed two and wounded another. He claimed his actions were self-defense.

Josh Marshall of Talking Points Memo responded to Rittenhouse being found not guilty:

A few thoughts on this verdict. It’s probably obvious I think it was a bad verdict. But I think we have to look more broadly at the result. People disagree. Juries make bad decisions. There’s nothing new about that. But what we have in the country right now are three factors.

One is highly permissive self-defense laws. In some cases, the statutes are okay but they’re interpreted too heavily or entirely in the defendant’s subjective perception of danger. In other “stand your ground”-type cases, they’re just bad laws. But the upshot is similar.

You also have a situation where any yahoo is now allowed to bring a high capacity firearm into an already tense or potentially violent situation. Usually they come with a chip on their shoulder or a political agenda. Then if they get scared they can start shooting.

It didn’t get a lot of attention but the judge essentially threw out the law that bars minors from open carrying in Wisconsin. So literally a kid can now show up with an AR to “help” and that’s okay.

Finally we live today in a very polarized, very divided society in which some people’s lives and inner experiences count a lot more than other people’s. You can say that that really means white people’s count more. And that’s generally right. But it’s not only that.

As long as murder is okay as long as you were feeling the right thing at the moment you killed the other person, that makes something as foundational as killing wildly subjective and makes the decisions jurors make too dependent on their own private definitions of good guys and bad guys.

None of these factors are new exactly. But together they create something genuinely new in this political moment. Add in the increasingly public acceptability of political violence on the American Right and you’ve got a powder keg confluence of factors that will make resorts to violence and general murder safaris not only more common, but also acceptable under the law.

Unquote.

I’ll add two things. The first is that the extreme polarization in our society is the result of the right-wing’s descent into fantasy and authoritarianism. Countries with conservative political parties that are actually conservative, not insanely radical and not gun-crazy like the Republican Party, aren’t as polarized.

The second is that the judge dismissed the gun charge because the weapon Rittenhouse had wasn’t illegal, according to Wisconsin’s law. For whatever reason, “the law allows minors to possess shotguns and rifles as long as they’re not short-barreled. . . When [the prosecutor] acknowledged that Rittenhouse’s rifle’s barrel was longer than 16 inches, the minimum barrel length allowed under state law, [the judge] dismissed the charge (Associated Press). In other words, according to the letter of the law, it’s fine in Wisconsin for a minor to parade around with a dangerous weapon if its barrel is longer than 16 inches. The prosecutor could have appealed the judge’s decision, since it contradicted the spirit of the law, but didn’t bother. It wasn’t the prosecutor’s only mistake.

A Selection of Stuff You’d Rather Not Read About

Four articles that made an impression this week, from least to most depressing, that didn’t even mention Jerusalem, Puerto Rico, healthcare or starving polar bears.

One hundred and eighty-seven people are facing felony charges for participating in a demonstration in Washington D.C. that turned violent. The demonstration was on the day Trump was inaugurated. A trial is now underway. The depressing aspect of this story is that none of the six defendants are accused of doing anything aside from being there:

What jurors haven’t heard, and prosecutors don’t intend to offer, is evidence that any of the six individuals currently on trial … actually engaged in any property damage or violence. Under the government’s theory of the case, in which anyone arrested in the group is part of a conspiracy and is responsible for any actions taken by others, the lack of individualized wrongdoing doesn’t matter.

Maybe the jury will have the sense to acquit everyone and convince the government to stop these prosecutions.

Elsewhere in Washington, Republicans from the House and Senate are trying to reconcile the terrible tax bills they’ve recently passed. Could any of them read this article from The New York Times and say they were proud of their efforts so far?

… for the first time since the United States adopted an income tax, a higher rate would be applied to employee wages and salaries than to income earned by proprietors, partnerships and closely held corporations….

“We’ve never had a tax system where wage earners were substantially penalized” relative to other types of income earners, said … a former Treasury Department official….

Indeed, economists and tax experts across the political spectrum warn that the proposed system would invite tax avoidance. The more the tax code distinguishes among types of earnings, personal characteristics or economic activities, the greater the incentive to label income artificially, restructure or switch categories in a hunt for lower rates….

“The more you look at any of the major rules, the more ambiguities, glitches, clearly unintended consequences and tax planning opportunities you see,” said Michael L. Schler, a lawyer in the tax department of Cravath, Swaine & Moore. He has written a 50-page summary of the more glaring problems …

From Georgia Southern University, a professor named Jared Yates Sexton, who grew up in the South, writes about the fascism that runs in his family.

Eventually I left for college and found my own people who didn’t express such fascist and ignorant beliefs. I visited for the occasional holiday, kept in decent enough touch, but I felt confident knowing that people like my family would never be in charge of the country they understood so poorly….

They hoard weapons, supplies, and daydream about the day the government will fall and they’ll be free to remake the country as they see fit.

I cannot say they are fascists, but I can definitely say they hold fascist ideas. This is why they hardly blink when Donald Trump quickly erodes the normal order of the government, why they’re not concerned when he undermines the Freedom of the Press or cozies up to authoritarian leaders. They love it when he tells policemen to be rough on suspects. They want someone who plays nuclear chicken with a despot while the lives of hundreds of million innocent people lie in the balance.

Finally, speaking of nuclear chicken, Jeffrey Lewis, a “scholar at the Middlebury Institute of International Studies”, shares some really scary thoughts in The Washington Post. He imagines how a confrontation between North and South Korea might escalate, helped along by a morning tweet from the president, into nuclear war.

And so, facing what he believed was a massive American military invasion, Kim gave the order. The thread of history winds along on twists of fate, like Archduke Ferdinand’s driver missing a turn…

The U.S. Missile Defense Agency would later say this was a sign that the system had worked well, downing about a third of the missiles — although experts would argue that the low intercept rate resulted from problems that the Los Angeles Times had reported in 2017…. It seemed more likely, the experts said, that five of the missiles had simply broken up as they reentered the earth’s atmosphere.

The remaining seven nuclear warheads landed in the United States. These missiles were no more accurate than the others — but with 200-kiloton warheads, 10 times the power of the bomb that destroyed Hiroshima, close was enough to count in most cases.

I told you so.

If You Have Nothing To Hide

Earlier this week, Reuters reported that certain information collected by the National Security Agency is shared with the Drug Enforcement Agency, allowing the DEA to arrest people on drug charges. Furthermore, in order to keep the source of the NSA information secret, the DEA commonly invents a “parallel construction”, i.e. an alternative history that can be presented as evidence in court. DEA agents claim that they discovered the subject criminal activity using ordinary methods, not information from the NSA.

That’s commonly called “lying” or “perjury”. 

From the Reuters article:

The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred. 

There hasn’t been much reaction to this story so far. But it does raise some interesting questions. For example, is the NSA sharing information with other government agencies? Are other agencies, not just the DEA, using the NSA to keep an eye on people they have an interest in, like supposed tax evaders, members of organized crime, political activists and troublesome journalists? 

More generally, how much government surveillance should be permitted in a democracy, especially one as flawed as ours?

(Not that there’s anything wrong with secret, widespread government surveillance. Whatever the government is doing is perfectly fine with me. Keep up the good work, guys! I’ve got nothing to hide, so no complaints here. You can trust me. Really! But you should check out those odd people across the street.) 

http://www.reuters.com/article/2013/08/05/us-dea-sod-idUSBRE97409R20130805