Category Archives: Rule of Law

The math doesn’t quite work either way…

Friend of mine shared this link with me today…

First, there’s plenty to be embarrassed about, as a South Carolinian, in this video — the main thing being that Sen. Mike Fair is struggling, and failing, to justify his concern about the “danger” of Sharia law being established in South Carolina. It sort of reminds me one of the first corny jokes I remember hearing as a little kid: Man stands on a street corner, snapping his fingers. Cop comes up and threatens to run him in for loitering. Man says, “I’m not loitering. I’m snapping my fingers to keep the elephants away.” Cop says, “There are no elephants around here!” Man says, “I’m doing a good job, aren’t I?”

Against the background of that, his hyperbolic statement that “99 percent probably” of all terrorist acts since the Lebanon Marine Barracks bombing have been carried out by Muslims seems unremarkable. It’s one of those things that “everyone knows,” and he’s just being sloppy. But since the folks doing this report saw fit to dispute it very explicitly, using figures that also seemed a bit dubious, I decided to take a closer look. The report says:

Fair’s calculation, that nearly every single act of terrorism for the past couple of decades was committed by Muslim men, is off base. In reality, in the last ten years alone, nearly twice as many terrorist plots were hatched by non-Muslims in America than by Muslims.

Hmmm. And  that period doesn’t even include Oklahoma City. Follow that link and you go to a previous report, which says:

Since the attacks on the Twin Towers and Pentagon, Muslims have been involved in 45 domestic terrorist plots. Meanwhile, non-Muslims have been involved in 80 terrorist plots.

… and then in turn provides a link to this report, by the Muslim Public Affairs Council, that seems in a quick review to fairly assess the number of terror plots hatched by each group. It even gives nonMuslims a break by not counting eco-terrorism.

But then I got to thinking… Muslims make up six-tenths of one percent of the U.S. population. So that means that there are more than 99 times as many non-Muslims as Muslims in the country. But only twice (actually, a little less than twice) as many “terror plots” are hatched by nonMuslims. So… less than 1 percent of the population, but hatch 36 percent of the terror plots. So that means … and my math may be wobbly here, because of assumptions I’m making to come up with a number … Muslims are involved in terror plots about 60 times as often as you would expect, all other things being equal.

It gets extra muddy after that. Fair is talking about worldwide, and the study is about U.S. threats. And it is counting Muslim incidents regardless of whether the plotters are U.S. residents or not.

But there does tend to be, apparently, a higher proportion of plots hatched by Muslims than non, as percentages of the population, in this country. Just way less than 99 percent.

I digress, though. Bottom line, even if Fair were right, taking preemptive action to prevent the establishment of Sharia law in South Carolina, or fretting about prayer shawls in public places, is ridiculous.

I just can’t prove that mathematically. But the burden should be on him to prove that what he’s talking about is an actual problem.

Keep a clean nose; watch the plainclothes…

Cindi Scoppe — who, to my memory, doesn’t cite popular song lyrics all that often herself — liked this NPR item and shared it with me, and I share it with y’all:

ROBERT SIEGEL, host:

How many times can a judge cite a song to adorn some obscure point of law? And how many times can a lawyer cite songs for the client he’s arguing for? Yes, and what if the song is a Bob Dylan song? Could it be a hundred times or more? Well, the answer, my friend, was 186 times. The answer was 186 times.

That is how often Bob Dylan lyrics were quoted in court filings and scholarly legal publications according to a study in 2007 by University of Tennessee law professor Alex Long, who joins us now from Knoxville.

You should go check it out. Apparently, neither the Beatles nor Springsteen nor anyone else comes close to Dylan, in terms of the number of times cited in legal documents. Apparently, the California court of appeals says “You don’t need a weatherman to know which way the wind blows” so often “that it’s almost boilerplate.”

The Rolling Stones come in sixth. You can probably guess what that would be. Yep. Because it’s true, in the law as in life: You can’t always get what you want.

It appears she’s not Mark Sanford after all (at least, not on this). Good for Gov. Haley!

At least, not on this point.

Assuming that Nikki Haley actually does sign the ATV safety bill today, she deserves a huge “Huzzah” from rational South Carolinians everywhere.

His repeated vetoes of this bill stand as the most malicious, harmful instances of his bloodless application of ideological abstractions to governance. His stance shocked the sensibilities of even some libertarians.

It’s ridiculous that something so common-sense as this bill should be “progress” in this state, but it is. And we must celebrate what little we get in that regard, because sometimes we go backwards.

Case in point: Myrtle Beach expects to be flooded with bikers this year because it has rescinded its “controversial” ordinance requiring that helmets be worn.

Where else would such a no-brainer (pun intended) be regarded as “controversial”? OK, maybe some places out West. Or wherever large numbers of bikers gather. But it’s still very us.

Scooped by The State on my own danged story

Our late, lamented AC units, right after the deed was done.

Some of y’all were disparaging The State on a previous post. Well, I’ll say this for them: They just scooped me on my own blasted story.

Of course, I let them. Remember that list of posts I’ve been MEANING to get to, which I wrote about back here? Well, one of them was about copper theft:

Metal fabricator Stanley Bradham delivered two 300-pound concrete slabs to a Pickens Street business Tuesday, then lowered a couple of 2- to 3-ton heating and air-conditioning units on top.

But it is what Bradham did next that theft-weary business and church leaders are hoping will finally slow the alarming rate of vandalism aimed at removing copper wiring – a trend that not only inconveniences victims, but also drives up their insurance rates.

Bradham bolted a lockable, customized, 350-gauge unibody steel cage over each of the units and welded the cages to the cement pads, which are secured by 12-inch anchors in the ground.

“It stops your access to the top of the unit, so you can’t get in,” said Bradham, of the newly formed Carolina Copper Protection company in Hopkins. “For the cost factor, it’s a very visual deterrence.”

That Pickens Street business was ADCO.

This is a story that goes under the heading of the Jerry Ratts dictum, “News is whatever happens to, or interests, an editor.” Or former editor, in this case. Jerry was a bit of a cynic, but he had a point. I mean, you know, this copper theft was a serious problem and all, but it only became dire quite recently, and suddenly…

Several weeks back, copper thieves destroyed both of our AC units to get a few coils of copper. We’re talking $8,000-$10,000 worth of damage for maybe, maybe $400 worth of metal.

Actually, that’s the high estimate. Back right after this happened, when I was in full fury over it, I interviewed Columbia Police Chief Randy Scott about it, and he said it was probably more like between $30 and $100. Which is… mind-boggling to me. I mean, it seems way easier to actually to out and work for that amount of money. I mean, mow a lawn or something — way less risk.

But apparently, it’s not as much trouble as I thought to tear up an AC unit that way. Chief Scott says they’re in and out in 3-5 minutes. Otherwise, he’d catch more of them.

It started with empty or abandoned commercial buildings. Now, he says, they’re hitting everything — churches, law offices, even private homes. Having your unit on a roof is no defense. Thieves destroyed 17 units from the top of the Dream Center at Bible Way Church on Atlas Road. Then, after the units were replaced, they hit again.

In fact, as Roddie Burriss reports:

In 2009, Southern Mutual wrote checks for $365,000 worth of losses due to copper thefts, according to Robert Bates, executive vice president.

In 2010, the company paid $1.2 million in copper theft losses to 174 member churches. Because most of the churches it covers are located in the Palmetto State, 109 of the 174 copper theft claims were in South Carolina, accounting for losses totaling $839,000, Bates said.

Through March 2011, Bates said the company already had paid churches $552,000 in copper loss claims, putting it well on the way to a $2 million payout for the year in these thefts…

I ran into Roddie and photographer Tim Dominick in the alley outside our building yesterday — and realizing they were doing MY story, I lapsed back into editor mode. Let the reporters and photographers do the work, then comment it. It feels natural.

So here’s the commentary part… Obviously, Something Must Be Done about this problem. Back when we were without AC, I had a suggestion, which I posted on Twitter. It was on a particularly warm day last month (I told you I’d been sitting on this for awhile):

Can’t breathe. No air-conditioning all week. Thieves stole copper. We need to bring back flogging. Or keelhauling. Something painful…

Sonny Corleone would say it’s just business, but I was taking it very, very personally. Chief Scott has a more constructive, and constitutional idea than my sweaty rantings: Make it harder to fence the stuff.

He’s backing, and testified in favor of, legislation sponsored by Rep. Todd Rutherford that would stiffen penalties (although, I’m sorry to say, no flogging), and make the businesses that buy scrap metal get legitimate ID from the people who sell them copper. Which would seem sort of like a no-brainer. As the chief said, “When you ride up on a bicycle, and you have two air-conditioning coils, you’re probably not a legitimate air-conditioning repair man.”

Chief Scott, and other law enforcement professionals, have enough problems, what with people coming at them with AK-47s. And yet they are spending more and more of their time fighting this rising tide of copper theft, and it’s pretty overwhelming — and not only to the angry, sweaty victims.

During our interview (which, like so many of my interviews, took place at the Capital City Club), the Chief looked out over the city and said, wondering, “Just LOOK at all those air-conditioners…”

Columbia Police Chief Randy Scott: "Just LOOK at all those air-conditioners..."

God bless U.S. District Judge Michelle Childs

I say that because her ruling kept me, and the other sensible folk who refuse to surrender their ability to think to a party, from being disenfranchised by the SC Republican Party:

A federal judge tossed out a lawsuit by Republicans Wednesday who wanted South Carolina to begin requiring voters to register with a party before voting in a primary.

If Republicans don’t want outsiders to help choose their nominees, they have other options, like picking candidates at a party convention or filling out petitions to get them on the ballot, U.S. District Judge Michelle Childs ruled.

The decision reverberates nationally.

South Carolina’s first-in-the-South Republican presidential primary, which has been won by the party’s eventual nominee in each election since 1980, is open to any registered voter in the state, forcing candidates to moderate their message to a wider audience. The Democratic contest is also open.

“It’s a great day for independents. It’s a great day for all voters in South Carolina,” said lawyer Harry Kresky, who argued the case for IndependentVoting.org. “The primary confirms a great deal of legitimacy on a candidate.”

IndependentVoting.org. joined with the state, Tea Party members and black lawmakers in fighting the lawsuit…

Not that all is right with the world. We’re still forced to choose one primary or the other. There is no way I, who live in the most Republican county in South Carolina, where the GOP primary IS the election for most offices, should have been disenfranchised — prevented from having ANY say in local or legislative races — because I chose a Democratic ballot to vote for Vincent Sheheen last June.

But moving to the Louisiana system, as wonderful as that would be, is another battle for another day. For now, I’ll take satisfaction from the fact that the judge prevented the SC Republican Party from further eroding my right to vote for whomever I like.

Here’s why “left” and “right” are all one to me

Actually, what this is is ONE reason why the distinctions between left and right — which seem to mean so much (and of course, I would say far too much) to so many in this country — are of little concern, and NO appeal, to me:

The Few, the Proud, the Anti-Libya NFZ Republicans

Posted Monday, March 21, 2011 12:31 PM | By David Weigel

The Republicans who out-and-out oppose attacks on Libya without congressional authorization are few, and their names are not surprising anyone who follows debates over war funding. Here’s freshman Rep. Justin Amash, R-Mich, who was backed by Ron Paul last year.

It’s not enough for the President simply to explain military actions in Libya to the American people, after the fact, as though we are serfs. When there is no imminent threat to our country, he cannot launch strikes without authorization from the American people, through our elected Representatives in Congress. No United Nations resolution or congressional act permits the President to circumvent the Constitution.

I love that libertarian indignation in “as though we are serfs.” He means it, too. To people of certain ideological stripe, we are all right on the verge of serfdom, every minute.

Here’s the president’s letter ‘splaining things to Congress, by the way. The 119th such letter sent by a president.

Beyond the serf stuff, do some of those phrases sound exactly like the antiwar left to you? Yeah, to me, too. But there’s nothing surprising about it. I think I shared the story with you recently of one of my wife’s leftist professors who supported George Wallace because he’d never get us involved in a Vietnam.

Now, for you Paulistas: Do I not care about the Constitution? Of course I do. And before this nation actually goes to real WAR with an actual other NATION,  the kind of debate that leads to the declaration of war is a good thing, and the Framers were wise to include the requirement — particularly given how weak and vulnerable this nation was in those days, and how ruinous a war with one of the great powers could have been.

But of course, that very generation, and the first president of the limited-national-gummint party, Thomas Jefferson, did not see such a declaration as necessary to deal with the Barbary Pirates. You know, the shores of Tripoli?

They DID think it meet for Congress to authorize the president to act — as Congress did before the Iraq invasion, and before the Gulf War.

If anything, the issue here is whether Obama should have paused long enough to wait for such a formal authorization in this case. Did he act too soon? Did he cave too quickly to Hillary telling him to “man up” and act? I don’t think so, given the circumstances — the dire situation on the ground in Libya, the fact that the Brits and the French (yes, the French!) were ready to go. But frankly, I didn’t think about it before just now. Should we have had a big national debate between the UN resolution and action (regardless of whether it then would have been too late)?

What do y’all think?

UK deals properly with Assange — which reminds me of something funny

Have you seen the latest? A UK court has decided to send Julian Assange where he belongs:

A U.K. court ordered that WikiLeaks founder Julian Assange be extradited to Sweden to face questioning about sexual-assault allegations, dealing a serious blow to the document-leaking site and its founder.

The decision means that Mr. Assange’s efforts to build and promote WikiLeaks will be detoured to some degree in coming months by the possibility that he will face criminal sex charges. WikiLeaks has gained notoriety with governments around the world through its release of thousands of classified documents and diplomatic cables.

Sweden hasn’t formally charged Mr. Assange with a crime, but wants to question him over allegations that he raped one woman and molested another during a visit to Stockholm last August. He denies any wrongdoing and said he will appeal the U.K. decision.

Good. Whatever the outcome of that case, if he is charged, Assange should be there to face the court’s decision.

But while he may be a super-creepy guy (and, say some, a rapist), he can still inspire some decent comedy. I loved this Bill Hader skit from back before Christmas, and today’s news reminded me of it.

In the skit, Assange hacks into a broadcast Mastercard commercial — from his jail cell in Britain (how did he do that? “Maybe you weren’t listening — I’m Julian Assange!” — and issues threats to the world if he is not released, with his “punishments” escalating each day he is held. Such as:

  • Day three. Facebook: You know that one profile picture that makes you look thin? It’s gone. Boo-hoo….
  • Day five, Netflix. Have you seen the fourth season of “Hanging with Mr. Cooper?” You’re ABOUT to. It’s first on your queue…
  • And if I’m incarcerated for one whole week, we start messing with porn sites — the FREE ones. Ooooh — got your attention NOW, do I?

Of course, it’s funnier the way Hader does it. There’s also a good Osama bin Laden joke — but I won’t spoil that. Enjoy.

From Ibsen to my Modest Proposal on guns

Whenever I get carried away on a comment response, I turn it into a post to make the most of the effort. And since I really haven’t been all that provocative the last few days, I thought I would share, more visibly, my Modest Proposal on the problem of gun violence in America.

On a previous post, Tom Fillinger complained thusly:

I find it disturbing that most of the time on this site – – anyone who disagrees with the majority perspective found on this site is an “ideologue”.

Good decisons are based on differing opinions (Peter Drucker).

So I responded as follows

What “majority perspective,” Tom? Whatever it is, I don’t seem to share it, based on the arguments I have here with my friends on the left and on the right…

I wouldn’t go so far as to quote Ibsen’s Dr. Stockman and say, “A minority may be right; a majority is always wrong.” I really embraced that when I was 17, because the Raskolnikovian arrogance of the statement appealed to my young ego.

Still, all these years later, while I have greater respect than I did for a majority’s view (40 years will do that for you), I very often don’t share it. And even when I do agree broadly, I argue about the nuances. That’s because the finer points tend to get sanded away on the way to making an idea acceptable to a broad audience — lowest common denominator and all that.

I forget — what were we talking about? Oh yeah: Guns

See, there’s one of those things where I can’t agree with the majority, if the majority is either the nuttier gun lovers (the ones who think more and more people should pack heat all the time) or the peaceful folk who seem to faint at the smell of gun oil.

Guns are dangerous as hell, by their nature (gun advocates say many things that make sense, but they are at their silliest when they try to deny the inherent danger imposed by the devices, a danger that all sensible weapons training is designed to minimize) — they are wonderfully engineered to combine maximum deadliness with minimum effort. (As Elvis Costello put it, “It only took my little fingers to blow you away.”) In this sense, the AK-47 is the most perfect gun (actually, a rifle) in history. For minimal effort (almost no maintenance, little upper-body strength, making it ideal for child soldiers in Africa) it puts out maximum firepower. Anyway, these qualities of modern firearms cause me to wish them to be in the possession of as few people as possible.

It’s like — back in the early 80s, I had this great, extended conversation with Al Gore, who at the time was styling himself an expert on arms control, and he borrowed my legal pad to sketch out the problem with MIRVs. The problem? They produce exponentially greater chance that a warhead — actually, many warheads — will hit targets. This increases global insecurity far more than if you have single-warhead vehicles.

Well, we exceeded critical mass on guns long ago, and I don’t think we can put that toothpaste back in the tube (hold on, maybe I can come up with one more metaphor to throw into the mix… mmmm… how about mousetraps and ping-pong balls?), which is why you don’t see me getting behind gun control efforts very much. They seem sort of futile.

The best gun-control efforts I’ve ever heard of is those where the cops buy up guns and destroy them. Because that’s the problem — too many guns exist. But those efforts are like trying to empty the ocean with a leaky bucket.

See, it’s not about law-abiding citizens having guns vs. criminals having guns. The problem is that there are too many guns. It doesn’t matter who initially buys a gun. As long as it exists, it is subject to being stolen (it’s a favorite item for burglars). The only way to keep guns out of the hands of criminals is for there to be many, many fewer guns — say, about 1% (just a wild guess, but I doubt I’m far off) of the number than exist now. Then, you’d have a true economic scarcity. The price on the street would go way up, but that would be because they were harder to obtain, and that would be a good thing.

But I see no way to get there. The political — and, yes, constitutional — barriers are way too steep. You can nibble at the problem, but how do you solve it? I have no idea.

Well, actually, I have one idea, which is not entirely original (although you don’t hear it much): Ban the sale and manufacture of ammunition. I don’t see anything in the Constitution about THAT. Then, of course, we may see the incidents of pistol-whippings go up, but shootings would eventually become a thing of the past. Anyway, a baseball bat is a better bludgeon than a gun. Ammunition is the problem. Take away ammo, and a pistol is a very awkward hammer. And since it’s a consumable, gun owners (law-abiding and criminal) would eventually run out.

Criminals — indeed, anyone who uses guns violently (and most people are shot by friends, family and acquaintances, not by the proverbial dangerous stranger, and of course the presence of guns in domestic disputes make the difference between battery and homicide) — tend to be impulsive. They’re not going to manufacture their own ammo, the way many serious sportsmen do. So this would quickly reduce, and eventually eliminate, most violent crime involving guns.

Of course, the political barrier to this idea would be just as great as the one with guns. The gun-lovers would go, “Hey! Wait a minute…” and then get really ticked at what they would perceive as an end run — we know this because, of course, I’m not the first to bring it up. But as for the Constitutional question — well, I’d love to see it tried in court, if only as an intellectual exercise.

Anyway, do you consider my position on that to be “majority?”

The inside tale of the curfew/closings deal

As y’all may or may not know, Kathryn Fenner — who is very involved in the community in divers ways — was in the middle of a group of citizens who helped work out the compromise on Columbia’s efforts to get some modicum of control over the less savory facets of its nightlife.

We’ve had discussions here about the proposed youth curfew, and the proposal that bars close at 2 a.m., but as the discussion has progressed, I’ve sort of fallen behind on what was happening. Kathryn has not, and she has sent me all sorts of documents (which I have not found time to read) and great sources (whom I have not found time to interview), and I was feeling all guilty about it, and then it occurred to me to fall back on my default mode, after all those years as an assigning editor: Get somebody else to do it.

And since Kathryn already knew all of this stuff, why not her? Yeah, I know; it’s unconventional, and single-source, and she’s too involved, yadda-yadda. But this is NEW media, people. And I figure, this is just like an op-ed from an involved party, which gives readers deeper understanding of an issue from at least one viewpoint. I will be very glad to consider contributions from other viewpoints, but I make no promises. This is an experiment. We’ll see how it goes.

Anyway, here’s Kathryn’s version of events. (FYI, I have NOT edited it, because, well, that would be too much work and defeat the purpose of foisting it off on someone else. So this is her authentic voice, you might say. Yeah, that’s what it is…):

Making Hospitality Districts Hospitable

By Kathryn B. Fenner
Special Correspondent
Less than a year ago, police, patrons and the public at large began to notice an increase in unpleasantness in the hospitality districts, particularly Five Points, but the Vista and the area around Club Dreams across from City Hall also had issues. People were drunker; bands of teenagers too young to even enter a bar were crowding the sidewalks, intimidating people and even brandishing weapons. Bars were severely overcrowded—some holding three times more than their safe occupancy. Street crime was rampant. There were several shootings that appeared to involve minors, some of whom ran into the surrounding residential areas, and severe assaults, including one that resulted in permanent eye damage and reconstructive plastic surgery, on random bystanders that seemed to be some sort of gang initiation.
The police started a discussion to try to solve these problems. By midsummer, a task force of stakeholders was formed including bar owners; representatives from the merchants’, neighborhood and industry associations; the University of South Carolina police and student life heads; law enforcement (Columbia police and the Richland County Sheriff’s Department) and fire marshals; and city staffers, and chaired by Tom Sponseller, head of both the Midlands and state hospitality organizations. Everyone (and his brother or sister) was heard from, including the police chief from Greenville, who reported that the city’s curfew ordinance,
which applies only to the Reedy River area, had been implemented without a hitch—all parents came and got their kids, and there were few incidents because it was implemented after an extensive publicity campaign, a Myrtle Beach police representative, and former Fire Chief Bradley Anderson who did extensive research into practices employed across the country to calm hospitality districts.
The original push was to close all bars at 2 a.m. While bars could not serve liquor after 2 a.m., they could serve beer, wine and the malt beverages—including the notorious sweet, caffeinated alcoholic “energy drinks” like Four Loko (“a six-pack in a can”) that seemed to be major fuel to the drunkenness of younger patrons—until 4 a.m., except for Sundays. They never needed to actually close their doors. The bars countered that the problems were caused by the kids who had no business, literally, in the districts, and proposed a curfew. Additional issues included a toothless loitering law that had been used to stifle civil rights protests, an open container law that required the cops to establish the grain alcohol content of said open container, an over-occupancy penalty that was laughably light and applied only to whoever happened to be on the door that night, and virtually no enforcement of state liquor laws, because of a reduction in SLED agents statewide from 46 to 1.5, the nonparticipation of the Columbia police in the training that would have enabled them to enforce liquor laws, and overworked administrative law judges who perhaps did not appreciate the seriousness of the issues facing denser districts.
Police and fire marshals were often pulling double duty to work the “party nights” and were exhausted. The city courts were doing the best they could with a system of logging violations that relied on a huge book of dot-matrix paper and many handwritten entries. A record number of students at USC were transported to emergency rooms with alcohol poisoning.
A compromise was proposed that drew from the Myrtle Beach statute (bars in other South Carolina cities with dense hospitality districts tended to close at 2 a.m.). Myrtle Beach also had a blanket 2 a.m. closing unless bars obtained a permit to stay open until 4. These bars were required to show proof of liquor liability insurance, to have specified numbers of security personnel, to train staff in safe-serving practices and compliance with applicable laws and, famously, not to have wet T-shirt contests or drinking games. Failure to abide by the rules resulted in swift and certain punishment, and the bars largely policed themselves and one another. The compromise also included a curfew for children 17 and under, at 11 p.m. year round, based on police desires to be able to deal with the bulk of violators before the onslaught of bar patrons began at around 12:30. A special team of law enforcement, fire marshals, code enforcement, zoning and business license staff would be trained in the particulars of hospitality zone issues. Finally, a quality public relations campaign would be implemented regarding the curfew, sensible alcohol consumption and good personal safety practices. Additional, “optional” recommendations included a tighter open container law and stiffer penalties for over-occupancy.
The compromise package was unanimously approved by the task force and presented to City Council for approval. At this writing, the bifurcated closing ordinance has been enacted, the hospitality enforcement team is being formed and the curfew has received the first of two required readings. City Attorney Ken Gaines has raised concerns about the constitutionality of the curfew ordinance, and after City Council waived its attorney-client confidentiality rights, he opined that a federal court decision in Dallas required that certain findings of harm caused to or by juveniles be made, which findings could not be made by the Columbia police
because the data had not been collected. The American Civil Liberties Union has threatened a lawsuit if a curfew is enacted, although it has not sued Greenville.

WHO is the city attorney’s client?

I’d like to add my agreement to this morning’s editorial in The State, and elaborate on it:

IT HAS BECOME almost routine that when Columbia city attorney Ken Gaines speaks, the City Council listens — behind closed doors….

With citizens across Columbia following City Council’s deliberations over a possible curfew for teens, Mr. Gaines refused to discuss concerns he had in the open, saying that if he did so, he would violate attorney-client privilege. City officials were concerned about such questions as who would retain custody and whether the city would be liable for the safety of children who were taken into custody for breaking the curfew if their parents refused to pick them up.

Likewise, during a recent work session on a proposed ban on texting while driving, Mr. Gaines said he wanted to meet with City Council members in a closed-door session to discuss “legal issues” about potential problems with the restriction.

Mr. Gaines’ thoughts undoubtedly could affect the council’s actions. It does the public a disservice when policy is being shaped behind closed doors instead of in full public view.

We understand that the council will sometimes go into executive session to receive advice on active lawsuits — or even pending ones. What’s problematic is when closed-door meetings are held to receive information from the city’s lawyer about whether to approve or change a policy or ordinance the public must adhere to….

But we don’t believe for a second that this [the council’s interpretation] is what the Legislature had in mind when it wrote this law. After all, legislators routinely receive legal advice in open meetings about bills they are debating — because they understand that the advice is first and foremost part of the debate, which needs to be public. Apparently local officials need some help understanding this. The Legislature should change the law to make it clear that local bodies can lock out the public to talk to their attorneys only to discuss an actual legal challenge — not one that they or their lawyer imagine might someday be brought if they adopt a certain ordinance.

In the meantime, Columbia City Council and other local governments would do well to remember that while the law allows public bodies to go behind closed doors to discuss legal matters, it doesn’t require them to. City Council members should direct Mr. Gaines to share information affecting public policy in the open.

Amen. Now, here’s a thought I’d like to see further developed…

Who is the city attorney’s client? I would say it is the citizenry. I’m simply basing this assertion on reason and my understanding of representative democracy, not on a technical legal reading. But I’d love to see someone test it in court.

And even if what I’m saying is not the way it is, I’m quite sure that’s the way it should be.

As I see it, council members are the citizens’ agents, and not the principals, in this attorney-client relationship. Under this interpretation, the only way there would be attorney-client privilege allowing for closed doors (under the canons of the profession, not the FOI statute specifically) would be when the attorney is representing council members as individuals, because they have been specifically named in a lawsuit. (And then we could have a separate debate about whether the city attorney should be representing them, as opposed to their engaging private counsel. I’d be inclined to say that we the people should extend them that help when they are sued for actions performed as part of their official duties, but depending on the case, I could see debating the point.)

Bottom line, there is no justification for privilege in these policy discussions (the specific cases cited in the editorial), either under FOI law or the rules of professional responsibility.

Would any lawyers like to jump in on this? Perhaps not, after the scary warnings I heard the other day from Barbara Seymour about the dangers to attorneys’ engaging in social media, but I can always hope…

Where we’re headed: Pack heat, or else

Have y’all seen this?

COLUMBIA, S.C. — A House panel on Thursday will take up a bill that would allow anyone who can legally own a firearm in the state to carry a concealed weapon without a permit.

The move to loosen gun laws comes in the wake of the Jan. 8 Arizona shootings that killed six and left U.S. Rep. Gabrielle Giffords recovering from a gunshot wound to the head, as well as a Dec. 14 incident in Florida where an armed man threatened school board members before he was fatally shot by security.

But rather than seeking to tighten gun restrictions, as some Democrats have urged President Barack Obama to do on the federal level, South Carolina lawmakers are looking at how to make it easier to carry weapons for protection…

Yes, it said LOOSEN our concealed carry law. You know, the one that I had thought had been already been made looser than a gang-banger’s waistband by previous legislation.

Why do we see legislation like this every couple of years? Because we get NEW ideologues in the Legislature who weren’t part of the previous liberalization, and felt left out, and are trying to make their mark and prove to constituents and posterity that THEY, personally, love guns more than anyone.

You know where this is going, don’t you? Another couple of election cycles with heavy Tea Party involvement, and we’ll have legislative newbies pushing legislation requiring us all to go armed at all times. (And if anyone complains that such compulsion violates their rights, they will blame Obama for starting the whole mandate trend with his health care thing.)

I don’t know if I’ll be able to afford it. Have you seen what guns cost these days? It’s not like in Lee Harvey’s day.

Cheese it! The speaker’s following us!

Maybe it’s the exclamation point. Whenever I get a message such as the one that came into my IN box an hour ago:

Bobby Harrell is now following you on Twitter!

Bobby Harrell (@SpeakerHarrell) is now following your tweets (@BradWarthen) on Twitter.

… I always feel like it’s meant to be a warning of some kind. WATCH OUT!

Maybe I feel that way particularly because I spent a couple of hours today listening to Barbara Seymour, the Deputy Disciplinary Counsel to the Supreme Court of South Carolina (author, for instance, of “Eight Simple Ways to Lose Your Law License by Email“), speak eloquently, cogently and in great detail about how dangerous social media can be.

Of course, she was speaking specifically to the dangers (ethically, professionally, etc.) of social media to lawyers and their firms — this was a meeting of the SC chapter of the Association of Legal Administrators (I was there because ADCO works with a number of law firms) — but it was still pretty scary. I might write a post about it later — or rather, a post about a long-standing topic of interest to me: What does it mean to be a “friend” on Facebook? How “social” are these media? What are the implications (social as well as legal and ethical) of the connections thus formed, and how should one express oneself in such venues? Etc.

Interesting stuff (to me). But I digress.

Who am I? Butch Bowers? You might think so…

Following up on this bit of silliness last night…

I never did see either of my appearances on WACH last night, but Lora was kind enough to shoot video with her iPhone, which she shared with me. Unfortunately, when I converted it, the sound was gone, so I’m just giving you a screenshot above. You’re seeing that as the announcer says, “His attorney, Butch Bowers, says the letters are routine inquiry, and nothing more than routine paperwork and filing matters.”

Viewers were hearing that, while seeing the above footage from the lieutenant governor debate I moderated back during the fall — leaving them to assume, not without reasons, that I am Butch Bowers.

That’s a hoot. I need to tell Butch about it.

My uncomfortable “yeah, but…” about Nikki’s (apparently) illegal meeting

I started my career in a state with a real Sunshine Law… Tennessee.

The expectation was clear there, back in the heady post-Watergate 1970s, that the people’s business would be done in public, and that government documents belonged to the people as well.

This led to a lot of awkwardness. For instance… I well remember a school board meeting I attended in Humboldt when I was covering several rural counties for The Jackson Sun. Humboldt was the closest sizable town to Jackson, and I knew my predecessor (who was now my editor) had regularly covered that body’s meetings. Trouble was, they were regularly scheduled on the same night as several other important public bodies’ meetings in my coverage area, and for the first few months I was on that beat, they always had something going on that demanded my attention.

Mondays were brutal. There were regularly several meetings I needed to go to across two or three counties, plus other breaking news. It was not unusual for me to start work early Monday morning, work through regular day hours, cover two or three meetings that night, spend the whole night writing five or six or more stories, get some final questions answered in the morning, make calls on another breaking story or two, and then file my copy at midmorning. Actually, I had a secretary in my Trenton office who laboriously transmitted each of my stories, a character at a time, on an ancient teletype machine while I finished the next story. If I was lucky, I could grab a nap in the afternoon. But Tuesdays were often busy as well.

I think the Humboldt school board meetings were on a Monday, but perhaps my memory fails me.

Anyway, I finally managed to make it to one of their meetings — and almost felt apologetic for not having been before. I sort of hated for the good folks of Humboldt to think the Gibson County Bureau Chief didn’t think them important. I didn’t know what was on the agenda; I had just been meaning to come, and finally, here I was.

Often, when I’d show up to cover meetings in these small towns, the chair would recognize me in a gracious manner, which tended to embarrass me. I mean, I wasn’t their house guest, I was a hard-bitten newspaper reporter there to keep a jaded eye on them. Of course, this graciousness was also a handy way of the chair warning all present that there was a reporter in the room.

But at this one, it would have been nicer to be formally welcomed than to experience what happened.

It was a singularly boring meeting — I kept wanting to kick myself for having chosen THIS one to finally make an appearance. They were approving annual contracts for teachers (you know, the kind of thing reporters would be excluded from in SC, as a “personnel matter”), one at a time, and it went on and on and on. There was NOTHING at the meeting worth reporting, and as I rose to leave I was regretting the waste of time.

Then this one member comes up to me with a swagger, and I smiled and started to introduce myself, and with a tone dripping vitriol, he sneered, “Bet you’re sorry you came to this meeting. We didn’t give you any controversy for you to splash all over the paper.” I mean, I’d never met this guy, and he frickin’ HATED me for some reason I could not imagine. What the hell? I thought: I come to your stupid boring meeting, sit all the way through it, and this is the reward I get? I didn’t know what to say to the guy.

It took me a day or so to figure out that the year before, my predecessor had covered a nasty fight over a teacher’s contract — one I had either not focused on or forgotten, since that wasn’t my turf then. It had been a HUGE deal in that town, and left a lot of raw feelings — many of them caused by board members’ deep resentment of having to have personnel discussions in public. This bitter guy assumed that the only reason I had come to the meeting, when I usually didn’t, was because teacher contracts were being discussed. When, in actuality, if I’d known it, I’d have found something to do that night in another county.

But I digress.

All that is to say, I came up with certain expectations of openness in government. Which means I was in for a shock when I came home to South Carolina to lead the governmental affairs team at The State. Barriers everywhere. An FOI law full of exceptions. A Legislature that cherished its right to go into executive session at will. Anything but a culture of openness.

I’m afraid I was rather insufferable toward Jay Bender — the newspaper’s lawyer and advocate for press issues before the Legislature — the first time he met me back in 1987. He had come to brief editors on the improvements he had helped get in state law in the recent session. My reaction to his presentation was “WHAT? You call that an Open Meetings law? You settled for THAT?” I was like that.

And I saw it as my job to fight all that, and crack things open at every opportunity. I was sometimes a bit insufferable about it. One day, I went to the State House (I was an unusual sort of assigning editor in that I escaped from my desk into the field as often as possible) to check on things, and learned that there was a committee meeting going on somewhere that wasn’t being covered (there are a LOT of those these days). I thought it was behind a closed door leading off the lobby. I charged, ostentatiously (I was going to show these complacent folks how a real newspaper ripped aside the veil of secrecy), with a photographer in tow, and reached resolutely for the doorknob.

One of the many folks loitering in the lobby — many of whom had turned to watch my bold assault on that door — said, “There’s a meeting going on in there,” in an admonitory tone. I said, right out loud for all to hear, “I know there is. That’s why I’m going in there.”

And I threw open the door, and there were two people sitting having a quiet conversation, suddenly staring at me in considerable surprise. No meeting. No quorum of anything. I murmured something like “excuse me; I thought this was something else” and backed out — to the considerable enjoyment of the small crowd outside.

Anyway, I take a backseat to no one when it comes to championing open government, and so it is that I say that Nikki Haley should not have met with two fellow members of the Budget and Control Board without the participation or knowledge of the other two officials. Curtis Loftis was right to protest, and Nikki’s chief of staff was entirely out of line to scoff at his protest.

That said, I had to nod my head when my colleagues at The State said this about the breach:

But here’s the thing: This was a meeting, and a conversation, that we want Ms. Haley to have with Senate Finance Chairman Hugh Leatherman and House Ways and Means Chairman Dan Cooper. After what we’ve been through for the past eight years, having these three officials even on speaking terms, much less meeting to talk through our budget problems, is a breath of fresh air.

Amen. That was indeed my first reaction: Nikki’s having a heart-to-heart with some key lawmakers? Good. At least, it offers me hope.

Maybe it wasn’t kosher. OK, it wasn’t, period. Totally against the rules as I understand them. And yeah, it’s easy to characterize it as hypocritical for Ms. Transparency to do something like this. But hey, Nikki persuaded me some time ago that she wasn’t serious about transparency when applied to her. That was a huge part of my discomfort with her as a candidate, and no shock now. But… at least MAYBE she made some progress toward overcoming another serious deficit in her qualifications to lead our state — her penchant for going out of her way not to get along with the leadership.

Maybe. I don’t know; I wasn’t in the room — which brings us back to the problem with closed meetings. Which is why I oppose them. But you know, the older I get, the more certain I am that stuff like that is way more complicated than it seemed when I was a young reporter.

Everything that’s wrong with the SC Legislature

Boys and girls, gather ’round, because you seldom see such a perfect illustration of everything that is wrong with the South Carolina Legislature.

Did you see this?

State lawmakers said Wednesday that they think the Jasper County town of Ridgeland has broken state law by using automated cameras to issue more than 8,000 tickets to speeders on Interstate 95 since August.

A state Senate subcommittee gave its approval to a bill to ban the cameras, technology that town officials say has cut down on highway deaths and reduced the risk to police officers. But senators argued the cameras could violate the rights of drivers.

The hearing was at times tense, with lawmakers raising their voices in disagreement as Ridgeland Mayor Gary Hodges defended his town’s use of the cameras.

In that one thing — lawmakers’ rush to stop this local government from doing something perfectly sensible (local governments doing sensible things just absolutely sets SC lawmakers’ teeth on edge; it’s like fingernails scraping on a blackboard to them) — you see the following fundamental dysfunctions on display:

  • Their penchant for advancing ideology over all, especially when it trumps common sense.
  • Their preference for spending time and energy on these obsessions rather than on anything having to do with the betterment of our state.
  • Their utter hypocrisy — seeing as how this is just the kind of money-saving efficiency in governmental function that they say they value.
  • Their allergy to anything that might actually reduce shortfalls in state revenue, especially if it would do so painlessly and without hurting our economy. (Look how long it took them to pass that halfway measure of a cigarette-tax increase.)
  • Their utter hatred of local governments, especially when they take the initiative to better serve their communities. If the State House were on fire, lawmakers would refuse to evacuate if it meant missing a chance to take action to further oppress and frustrate local governments. They see it as their highest purpose, apparently.

Oh, but you’ll say, they were standing up for “freedom.” Really? The freedom to do what, precisely? Speed on the highway? (And note, this system doesn’t do anything unless they’re going at least 81 mph.) This invocation of freedom is even less persuasive than when they kept rejecting a seatbelt law because of our God-given right to fly through a windshield. One could almost make an argument for that, but there is no way anyone can mount a credible argument that we have a right to break speeding laws.

I did appreciate that they made an effort to mount a justification. And maybe there were others that didn’t make it into this story. But this one did make it: “Those ticketed may not have a chance to gather evidence — GPS data showing their speed, for instance — to defend themselves if they do not learn of the ticket until it arrives in the mail.” That sounds very… lawyerly. Which is familiar. We often see lawmakers carrying water for those who defend folks who break the law (which in some cases means they are carrying water for themselves.

There was also mention of the “problem” that “tickets are issued only if a speeding vehicle is registered to one owner,” which “exempts commercial, state and fleet vehicles from enforcement.” Perhaps there was more to it than that. I hope so, because that is NOT an objection to this method. I don’t see what stops the cop from stopping the commercial vehicles the old-fashioned way. And yes, there’s a cop present. This camera deal just enables him to enforce the law without the wasteful (and often dangerous) ritual of physically chasing the speeder down.

Yes, I know about how some of y’all object to CCTV and the like. But I ask you, exactly what do you think is private, what do you think is outside the legitimate public interest, about driving down the public highway in a hurtling piece of machinery? It’s hard to imagine a more public activity or venue, or one less entitled to privacy protection — even if you do believe in the unlikely SCOTUS proposition that there is a “right to privacy” in the Constitution? This isn’t a camera in your bathroom, folks. It’s on the road — a place where, if you’re doing something you don’t want others to see, you’re definitely in the wrong place.

Now, personally, I can think of an objection to this system that makes some sense: If the speeder is unaware that he’s being caught, he’s unlikely to slow down. At least, that day. So some of the deterrent effect of enforcement is undermined. But I didn’t see that reason cited in the coverage. Maybe they made that argument. If they didn’t make that one, or one equally relevant, then this was exactly what I thought it was when I read about it this morning: Another example of the S.C. Legislature’s cultural aversion to common sense and good government.

Joe’s alternative to the alternative to the GOP response

I got bushed and went to bed last night before getting this video, which is Joe Wilson’s response to the State of the Union.

So… since some guy named Paul Ryan gave the “official” Republican response, and Michele Bachman (another nonentity to me, but I’ve vaguely aware she’s one of those fringe people the shouting heads on TV go on and on about, like Sarah Palin) delivered a sort of self-appointed alternative response as a way of playing directly to the Tea Party, that means Joe’s clip is sort of the alternative to the alternative. Or maybe, since the “official” GOP response is in itself offered as an alternative to the actual State of the Union, Joe’s is an alternative-alternative-alternative. Which sounds way more avant-garde than the way I think of Joe Wilson.

Speaking of Joe… I ran into his guy Butch Wallace this morning at breakfast and told him — sort of joshing, sort of serious — that I appreciated that Joe had behaved himself last night, adding that I suppose it was hard to do otherwise sitting with those Democratic ladies. Butch smiled politely. Then I added, quite seriously, that I appreciated that Joe had wanted to make that gesture — which others in our delegation refused to do, even though it would have taken them so little trouble. Butch said Joe wanted to work with all kinds of people, regardless of party, and I said that’s good — because the more folks you’re willing to work with, the more you’re likely to get done.

As for Joe’s message — it sure beats “You Lie!” (which, if you’ll recall, was NOT during a SOTU), although in his hurry, he sort of flubbed a couple of the lines. And the overall message is rather thin and lacking in substance. But these things always tend to be that way. There’s a formula: 1.) Due respect to the president (no name-calling); 2) A brief reference to something that was in the president’s speech, a cursory effort to give the impression that the responder actually read or heard it and thought about it before responding; 3) A rather trite and general statement of ideological difference with the president that may or may not bear relevance to the president’s points; 4) Some sort of statement of civic piety such as asking the deity to bless the troops, or America, or the taxpayers, or whatever.

So much for Joe and his message. Now to the larger issue: This nonsense of opposition-party “responses” to the State of the Union, which I have always found offensive. I thought this writer put it well: “The very idea of a rebuttal is asinine.”

Or at least, the idea of some sort of formal response with an “official” status is asinine. Of course, we’re all entitled and encouraged in this free country to share what we think of the president’s speech. But over the years, something really weird and insidious has happened, and like so many other media/political phenomena in the modern age, it has done much to solidify in the average voter’s mind the nasty notion that there is something good and right and natural about everything in our politics being couched in partisan terms.

First, just to give the broadest possible perspective, the State of the Union is a constitutional responsibility of the president of the United States — not of a party, or of an individual, but of the chief executive. It’s right there in black and white in Article II, Section 3:

He shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient.

Note that it doesn’t say he has to do it every year, much less in January just before the Super Bowl. Nor is he even required to give a speech of any kind: Before Woodrow Wilson, presidents took care of this requirement in writing.

So, no one has to give a speech. But the president is required to make a report (including recommendations, if he judges such to be necessary and expedient, which you know he always will). It’s his job. It’s not a campaign speech (even though no politician yet born would pass up such an intro once it’s handed to him). It’s not something that he does on behalf of his execrable party. It’s something he is required to do.

In other words, the “equal time” requirement placed on purely political TV face time doesn’t apply. No member of the opposite party is in any way obliged to offer a “response,” and no broadcast outlet is obliged to run it — not by law, and not by any sense of journalistic obligation. Sure, you might cover it — you ought to cover it, and any other politically relevant response. (Just as you ought to cover the SOTU itself, if you know what’s news.) But the idea of a formal, ritualistic response is completely unnecessary.

And harmful. Because it instills in the public’s mind the notion that this is just some guy giving a political speech, rather than the president of the United States fulfilling the requirements of his job. And it inflates the ceremonial, institutional importance of parties to our system of government, putting the prerogatives of a party on the same level as the most fundamental requirements of our Constitution.

My reaction to the GOP response last night — that is to say, my reaction to the idea of a GOP response, because as usual, I didn’t watch it (when the pres was done, I ran upstairs to plug in my laptop because the battery was nearly dead and giving me warning messages) — was exactly the same as to Democratic responses to a Republican president: You want to give a free-media speech to the whole nation on this particular night, you go out and get elected president. We don’t have a president of one party and a “shadow” president as in a parliamentary system — we have one person elected to that position, and in delivering the SOTU (whether aloud or in writing), he’s fulfilling a specific responsibility that we elected HIM (and not some eager up-and-comer in the opposition party) to perform.

So share your thoughts all you want, folks. But spare me the “official” responses.

Being watched in Airstrip One

Last night I was watching an episode of “Law & Order: UK” on BBC America, and was impressed by the extent to which the writers just expect you to keep up with the idiom, and the small differences between American and British culture and assumptions. For instance, there’s a scene in which detectives are fretting over the fact that they can’t easily retrace a suspect’s movements: He doesn’t carry a mobile, and probably doesn’t have an Oyster card. Then, a moment later, there’s a reference to CCTV.

The folks who do the show’s website are less respectful of the audience’s intelligence. The “British Terms Glossary” wastes time with “bloke” and “coppers” and “flat” and “guv.” Let’s face it, folks — if you don’t know what those mean, stick to re-runs of “Hee-Haw” (“Hey, Grandpa: What’s for supper?“) or the like. They also define “mobile,” but we know what that is too, don’t we?

The Oyster card is more subtle (and, you would think, a far more likely candidate for the online glossary than “Tube”). It’s the card you buy, and top up (do we say “top up”? I forget — but they say it a lot over there) as needed, to use the magnificent London system of public transportation. You swipe it to get through a turnstile on you way into a Tube station, and — here’s the pertinent part — you do the same to get out at your destination. Which means there exists an electronic record of your movements through the city. In the previous scene we had learned that the suspect had a fear of crowds that kept him away from the Tube. So, no Oyster card.

Of course, most people know what Closed Circuit TeleVision is. But it took me a day or so to consciously realized the implications of those signs I saw everywhere: “CCTV in operation.” (I actually had to think a minute to separate it in my mind from CATV, the old term for cable TV back in the days when it was the Community Antenna for small towns and rural communities, before it went all urban.)

What they meant, of course, is that you are under surveillance a huge proportion of the time. Yes, I know businesses here have CCTV, and footage from such cameras is often important in crime investigations. But it’s just nowhere near as ubiquitous as in London, and it doesn’t loom nearly as large in public consciousness. Watch TV news there, and it seems that every other word is CCTV, whether you’re talking the images of the crossbow robbers holding up a post office, or the images of murder victim Joanna Yeates (THE big story while we were there) picking up a couple of items at Tesco, or a routine crime at an off-licence. (Now there’s a term I had to look up — turns out “off-licence” doesn’t mean the shop is extralegal, that it lacks a license; it means it HAS a license to sell alcohol for OFF-premise consumption, as opposed to a pub. Generally, it’s what we’d call a convenience store.)

Of course, such consciousness of being watched — that those bright yellow signs — are a large part of the deterrent effect in themselves.

All of which is fine by me. As I always say, knock yourself out, Big Brother. I was conscious that some of my more libertarian friends back here in the States might have found it all creepy, but at no time in my sojourn in Airstrip One — I mean, England — did I feel the least bit put-upon or oppressed.

To me, it was part and parcel of being in a place that is very much like home, with freedom-loving people who respect the dignity of the individual, but where the politics is not plagued by the legions of radical-individualist paranoids who resist any effort at putting any sort of rational infrastructure in place. I loved the novelty of being in a place with such a dream public transit system, and where waiters and bartenders don’t mind not getting tips (or at most, don’t expect more than 10 percent) — after all, what are they worried about? They have health benefits they cannot lose. And I was very happy to pay the taxes that helped pay for it all. Some friends advised me that I could get a VAT refund on leaving the country, but there was no way I wanted that. I was happy to pay my share.

(And yes, sometimes it all goes overboard, which is why the coalition government is cutting back — AND raising taxes, remember, which they’re able to do because their conservative party doesn’t make a religion of irrational tax hatred. But on the whole, it was wonderful to be in a place where it’s assumed that one should have the Tube, and the buses (that’s “coaches” to you) and trains and parks and fantastic free museums (contributions suggested, but quite low and entirely voluntary) and a population of people who don’t fear being ruined by an unplanned sickness.

And which doesn’t mind being on Candid Camera, if it means you might catch a crossbow robber now and then.

Amusing commentary on the 2nd Amendment

How often do you see a headline like that? Usually, there’s a lot of anger when we talk about guns — which is kind of worrisome, if guns happen to be present during the discussion.

We were talking guns back on this post (fortunately, we were all out of range of each other) and it reminded me…

Well, I actually saw something very funny on Saturday Night Live the other night — something I haven’t been able to say since Tina Fey first did Sarah Palin. It was during the weekend update. Seth Myers imagine how the Framers would react if they could see what guns can do right now. He acted out how dangerous guns were then by comparison: “Hold on, you can’t say that about my wife! Hold on… I… am… gonna… show… you…” as he goes through the motions of picking up a flintlock musket, pouring in the powder, ramming it, priming it, and then looks up and says, “AWWW, he drove off!” In case the above embed doesn’t work for you, You can watch it here.

See? Kinda funny. And it makes an interesting point, as well. Several, actually.

I think maybe SNL has some new writers. Or maybe some old ones, back.

Scotland Yard always gets its man, but sometimes has to let him go

At least, that was the word earlier today, although the actual release of Julian Assange, the accused sex offender and would-be saboteur of U.S. security, has now been delayed pending a hearing.

From the NYT:

LONDON — After a week in detention facing possible extradition, Julian Assange, the founder of the WikiLeaks antisecrecy group, was ordered released on $310,000 bail by a court on Tuesday as he challenges a Swedish prosecutor’s demand that he return to Stockholm for questioning about alleged sex offenses.

However, Mr. Assange remained in custody pending a hearing on an appeal by the prosecutor, which would take place within the next 48 hours.

In granting bail, Judge Howard Riddle ordered that Mr. Assange appear again in court on Jan. 11. He also said that between then and now he must reside at Ellingham Hall, a Georgian mansion in Bungay, in eastern England, owned by Vaughan Smith, the founder of a club for journalists. Mr. Assange must spend every night at the mansion and will be electronically tagged so the police can track his movements, the judge said…

So even when he DOES walk out, it’s sort of a tag-and-release situation. Which shows the Brits haven’t lost their minds. Good to know, since I’m about to go over there. If I DO run into the guy, though, I’ll let you know.

Oh, and about those sex charges — as muddled a mess as any he-said-she-said (and she said, too) you’re likely to run across. Whatever the facts, Mr. Assange seems to fall somewhat short of a paragon (even if you believe his defense):

Speaking about the case in recent weeks, Mr. Assange has said that he had consensual relations with two young Swedish women. He said he met them during a trip to Sweden in August that he made in a bid to establish a haven for himself and WikiLeaks under Sweden’s broad laws protecting press freedoms.

The charges relate to the question of whether these encounters ceased to be consensual when a condom was no longer being used. Sweden’s request for extradition is designed to enable prosecutors to question Mr. Assange about charges of “rape, sexual molestation and unlawful coercion.”…

In a packed courtroom hearing lasting nearly an hour a week ago, Gemma Lindfield, a lawyer acting for the Swedish government, outlined some of the detailed allegations against Mr. Assange made by the Swedish women, both WikiLeaks volunteers. They involved three incidents, including one in which Mr. Assange was alleged to have had unprotected sex with one of his accusers while she was asleep.

But that’s not why we’re talking about this guy, is it?

Oh, and about the NYT’s blithe assertion that WikiLeaks is an “antisecrecy group”… I read an interesting opinion piece the other day that argued it is pretty much the opposite of being a champion of transparency — and backed up the argument fairly well:

Whatever else WikiLeaks founder Julian Assange has accomplished, he’s ended the era of innocent optimism about the Web. As wiki innovator Larry Sanger put it in a message to WikiLeaks, “Speaking as Wikipedia’s co-founder, I consider you enemies of the U.S.—not just the government, but the people.”

The irony is that WikiLeaks’ use of technology to post confidential U.S. government documents will certainly result in a less free flow of information. The outrage is that this is Mr. Assange’s express intention….

Mr. Assange is misunderstood in the media and among digirati as an advocate of transparency. Instead, this battening down of the information hatches by the U.S. is precisely his goal. The reason he launched WikiLeaks is not that he’s a whistleblower—there’s no wrongdoing inherent in diplomatic cables—but because he hopes to hobble the U.S., which according to his underreported philosophy can best be done if officials lose access to a free flow of information.

In 2006, Mr. Assange wrote a pair of essays, “State and Terrorist Conspiracies” and “Conspiracy as Governance.” He sees the U.S. as an authoritarian conspiracy. “To radically shift regime behavior we must think clearly and boldly for if we have learned anything, it is that regimes do not want to be changed,” he writes. “Conspiracies take information about the world in which they operate,” he writes, and “pass it around the conspirators and then act on the result.”

His central plan is that leaks will restrict the flow of information among officials—”conspirators” in his view—making government less effective. Or, as Mr. Assange puts it, “We can marginalize a conspiracy’s ability to act by decreasing total conspiratorial power until it is no longer able to understand, and hence respond effectively to its environment. . . . An authoritarian conspiracy that cannot think efficiently cannot act to preserve itself.”

As I said earlier today to a friend over on Facebook:

Assange and his crowd are not journalists. They’re not the vaunted Fourth Estate, playing a role in stimulating political debate over a national issue. They are foreign political activists who intend to harm the security of the United States. Their goal is to shut down information-sharing among our agencies, from Defense to State to Homeland Security to CIA and so forth, so that they will be less effective. To return us to a pre-9/11 state — you know, back when one agency knew the 9/11 attackers were in the country, and another agency knew why they were dangerous, but they weren’t talking to each other. (An argument can be made on security grounds for keeping information in such silos, but it’s an argument that you can go around and around on — and Assange is not a legitimate participant in that debate.) The goal of WikiLeaks is not transparency, but the opposite — they want to shut down information-sharing.

The world is even more with us

The world is too much with us; late and soon,
Getting and spending, we lay waste our powers:
Little we see in Nature that is ours;
We have given our hearts away, a sordid boon!
The Sea that bares her bosom to the moon;
The winds that will be howling at all hours,
And are up-gathered now like sleeping flowers;
For this, for everything, we are out of tune;
It moves us not.–Great God! I’d rather be
A Pagan suckled in a creed outworn;
So might I, standing on this pleasant lea,
Have glimpses that would make me less forlorn;
Have sight of Proteus rising from the sea;
Or hear old Triton blow his wreathed horn.
William Wordsworth, 1802

Yeah, what Wordsworth said.

I am saddened by something that just happened in my home county of Lexington — or rather, the way it happened. Doug Ross already alluded to it — approvingly, of course. Therefore it is my duty to demur. Here’s the lowdown:

By Mike Fitts
mfitts@scbiznews.com
Published Dec. 8, 2010

Amazon is coming into Lexington County — and the county’s blue laws are going out.

Part of the deal that landed Amazon, announced Tuesday, includes a requirement that the county end the blue laws, which generally restrict shopping before 1:30 p.m. on a Sunday.

Amazon’s distribution center is likely to operate at all hours, seven days per week. According to Lexington County Council Chairman Jim Kinard, to ensure there is no problem with its operations, the company asked that the law be changed.

“These guys apparently had never heard of blue laws,” Kinard said.

Amazon’s request for the deal was one part of the big investment that it is making in Lexington County. The company plans to build a $100 million distribution center in the county’s Saxe Gotha Industrial Park alongside Interstate 26. It is expected to employ 1,249 full-time workers and 2,500 part-time staffers during holiday rush seasons….

First, that’s awesome that the community is getting 1,000 jobs.

It’s not so awesome that something that culturally set the community apart from other, more hurried, communities was set aside willy-nilly, without any sort of community conversation.

Yep, I’ve heard all the arguments against blue laws, and I haven’t heard a good one yet. Count me among those who remembers (way, way long ago, like in the 60s) and misses the times when we truly got a day off on Sunday, a day when no one expected us to engage in the hustle-bustle of the other six days because we couldn’t. (And the biggest canard spread by those who advocated modernity on this is the one about how we can CHOOSE not to run around like headless chickens on Sunday. No, we can’t. If you can do something, the world — the expectations of your family, your neighbors, your employer, everyone — will crowd you into participating on some level. Ours is an interconnected universe. Don’t make me quote John Donne, too.)

Again, I’m glad that the community is getting this shot in the arm. And if I had been in the position of those officials needing to act quickly to make it happen, I might have done the same thing. And I certainly understand Amazon’s unwillingness to get caught in a legal bind.

But I just hate that it had to happen this way, so that the community didn’t get to have a conversation about what it was trading away.