- Will you be made whole?
- Words and violence
- Jury nullification
- Trump’s 1st 100: the positives
One of the blogs of which I’m proudest is Band-Aids for Boo-Boos.
Campus creeps in a nutshell: “your words are the same as violence, our violence is the same as words.”
— David Burge (@iowahawkblog) April 27, 2017
Seems clear enough, but the replies on Twitter basically confirm that campus creeps (1) agree with the summary and (2) are quite pleased with their sophistry.
An obnoxious protester has been convicted of “disorderly and disruptive conduct and parading or demonstrating on Capitol grounds,” and Mark Randazza is furious:
Several jurors said they sympathized with Fairooz, but because the law is so broad that they felt that they had no option but to convict.
… The jurors had another option. They had the option to acquit. Jurors can always decide that convicting someone of a crime is wrong, no matter what. Jurors are empowered to judge the facts and the law. Otherwise, why have a jury of your peers? That the jurors lacked the spine to do the right thing is one of many failures in this case.
And why should they have acquitted? Because for Fairooz to be facing prison for her conduct is outrageous.
Should she have done it? No. Disrupting a speech, court, or a congressional hearing is something we should take seriously. I don’t care if it is a few students who do not want other people to hear Charles Murray speak or Berkeley rioters trying to shut down Ann Coulter or just activists disrupting a congressional hearing. I do not approve of conduct like Fairooz’s without reservation.
But, the notion of an American citizen going to jail for a nonviolent political protest is utterly antithetical to what this country is all about. It is a disgrace. Officer Coronado is a disgrace for arresting her. The prosecutor is a disgrace for charging her. The jurors are disgraces for convicting her.
The wall that protects the First Amendment is not manned with pretty happy smiling thoughts and easy-to-love characters. That rampart is manned by the ugly, the impolite, the impolitic, the disturbing image, and the thoughts that you may swallow no easier than if they were made from crushed glass.
They can be dirty, ugly, mean, and disruptive.
What he’s talking about — “Jurors are empowered to judge the facts and the law.” — is called jury nullification. But it is guarded like state secrets.
A judge at a jury trial will never tell the jury “you can acquit if you think the defendant’s act shouldn’t be criminal.” If s/he goes as far as uttering “judge the facts and the law,” which is a true statement of law, woe to the Defense attorney who gives that it’s correct jury nullification spin.
A government that thinks it can steal your car if someone like you really shouldn’t be driving anything that nice, and that thinks you’re too vicious as a juror to be entrusted with vetoing a politically ambitious prosecutor’s bad charging decision, really needs fixed (as in “fixing my dog”).
After one hundred days, what do I think?
Associate Justice Neil Gorsuch means my employer can keep helping kids for the rest of my career. Associate Justice Gorsuch is an outstanding pick.
On religious liberty, President Trump has done nothing but provide feel good statements, but that is better than what President Clinton would have done. Generally, placation is better than persecution.
Our ambassador to the UN is Nikki Haley and she is a friend of our friends and a clever foe of our enemies.
President Trump has rolled back many executive orders that were choking our economy.
President Trump does not hate the Orthodox Church or my religious freedom.
(After 100 days …, emphasis in original) He does a pretty good job on the negatives, too.
It may seem that I have no filter sometimes. But there is a true story making the rounds that is so appalling that I won’t name it or link to it.
I’ll only allude to it for those who’ve already seen it: Sentimentality used to lead to the gas chamber. Now it leads to jewelry.
You are welcome.
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Men are men before they are lawyers or physicians or manufacturers; and if you make them capable and sensible men they will make themselves capable and sensible lawyers and physicians. (John Stuart Mill, Inaugural Address at St. Andrew’s, 1867)
“Liberal education is concerned with the souls of men, and therefore has little or no use for machines … [it] consists in learning to listen to still and small voices and therefore in becoming deaf to loudspeakers.” (Leo Strauss)