Tag Archives: Civil Rights

Report: Prosecutors Decline to Charge Police in 96 Percent of Civil Rights Cases

An investigation into the results of civil rights cases in the United States between 1995 and 2015 found that federal prosecutors declined to charge police officers 96 percent of the time.

A report from the investigation, which was conducted by the Pittsburgh Tribune-Review, analyzed 3 million federal records from the Justice Department’s 94 U.S. Attorney offices. Out of 13,233 complaints, prosecutors turned down 12,703 alleged civil rights violations.

The report listed weak or insufficient evidence, lack of criminal intent and orders from the Justice Department as reasons given by prosecutors for declining to charge officers, and it noted that for all other crimes, prosecutors rejected only about 23 percent of complaints.”

[RELATED: Investigator Says He Was Fired for Finding Police Officers At Fault in Shootings]

Steve Kaufman, chief of Western Pennsylvania’s criminal division, told the Tribune-Review that while the U.S. Attorney’s office for the area opens files for all accusations, civil rights cases are some of the “most difficult cases” to prove beyond a reasonable doubt.

We don’t hesitate to open a file on a civil rights case, yet it’s one of the most difficult cases to gather sufficient evidence to prove it beyond a reasonable doubt at trial,” Kaufman said. “Obviously then you do have a relatively high percentage that don’t end up being prosecuted.”

While Jim Pasco, executive director of the national Fraternal Order of Police, questioned whether some of the complaints against police officers were just “false complaints,” Craig Futterman, founder of the Civil Rights and Police Accountability Project at the University of Chicago, told the Tribune-Review that he thinks “the failure to aggressively bring those cases has allowed too many abusive officers to believe that they can operate without fear of punishment.”

[RELATED: DEA Records Show Punishment is Rare Among Rampant Misconduct]

The report listed 12 federal districts— Southern Alabama, Southern Georgia, Northern Indiana, Minnesota, Nebraska, Nevada, Northern Oklahoma, Oregon, South Dakota, Western Virginia, Western Washington and Western Wisconsin— where out of 671 complaints over 21 years, only one officer was prosecuted in each district.

Out of the federal districts examined, prosecutors in 11 districts— Alaska, Colorado, Central Illinois, Southern Iowa, Maine, Western Michigan, New Jersey, North Dakota, Vermont, Eastern Washington and Wyoming— received a total of 240 complaints, “yet never charged a single officer from 1995-2015.”

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NSA Whistle-blower, William Binney, Says Agency’s Methods Make Us Less Safe

In a very powerful exclusive interview, I recently had the privilege of speaking to an American hero, William Binney, NSA whistleblower.

We discussed how NSA mass data collection makes us LESS safe; how the intentions behind it are not misguided but positively nefarious; how the lies that have been told about it are snowballing, and how Rand Paul presidential candidacy may uniquely represent an opportunity for change.

Click below for the audio – or read the astonishing transcript that follows.

ROBIN KOERNER: Welcome to a very important edition of Blue Republican Radio with Robin Koerner. This is all a more appropriate edition considering we have just had the 800th anniversary of the Magna Carta. We are going to be talking today to a man who, to me, is a hero. I imagine he is a hero to many of my listeners. We’ve all heard of Edward Snowden; maybe not so many of us have heard of Bill Binney – we should have – but Bill Binney is the NSA whistleblower of 2002, whom I will be speaking to today, and who performed a great service to our nation when he saw that the NSA was implementing a bastardized version of the technology that he created to protect to security and liberty of Americans – and he saw that that bastardized version was to be used en masse to violate the liberties and privacy of Americans.

Bill Binney – welcome to the show. Thank you so much; this is a privilege. Have I fairly characterized the trigger of your leaving the NSA of which you were a veteran for between 30 and 40 years?

BILL BINNEY: Yes, you pretty much captured it. I mean, when they started spying basically on everybody, first in the United States and then around the world on the entire planet, I mean, that’s something that violated everybody’s privacy and that’s something I couldn’t be associated with, so … I had to get out of there as fast as I could when that happened.

ROBIN: Now, your most senior title – if I can put it that way – at the NSA, and correct me if I am wrong, was Director of World Geopolitical and Military Analysis Reporting Group. Did I get that right?

BILL: Yes, that’s right. Yeah. About 6000 analysts doing all the reporting and analysis around the world.

ROBIN: And so that’s why when I say that it was really your technology, it was technology that you personally, directly managed the development of that is now being deployed – I would say – against United States’ citizens, would that be fair? As I say, a bastardized version with the protections removed.

BILL: Yes, that’s right.

ROBIN: Now, I know, Bill, that you have been asked in countless interviews (many of which can be found online and many of which are excellent) about the details, the factual details, of the violations; what it was that you saw; what you blew the whistle on; what’s happened to you since and I can urge all my listeners to go and check out those interviews and get those facts. It’s shocking and it’s important. As I say, this is important information that is out there in the public domain, thanks entirely in many instances to you. So I don’t want to cover the ground that I know you must’ve covered time and time again – with all these news stations. I am going to try and ask you something a little different. Maybe I’ll fail, maybe I’ll succeed, but I’d like to start off with this simple question because I am guessing you must have thought about this a lot. Why is it that agents…that the security agents on the one hand and our politicians on the other – so consistently want to violate our rights? What do they believe they’re doing? Are they badly informed good guys or are they just bad guys?

BILL: I don’t think it’s quite black and white like that, but if you stop and think about what they’re doing now: it’s like hiding what the government is doing. It’s like trying to keep what the federal government is doing secret from the people when, in fact, our founding principles were that people were supposed to know what the government’s doing not the reverse, and we’ve got exactly the opposite situation now.

ROBIN: Yes.

BILL: What it really boils down to, if you look down through history, this is nothing new. This is since Caesar Augustus. This kind of activity has gone on with central governments around the world with dictatorships and so on. Its whole objective is population control and also control of political enemies, who are people who are doing things that you don’t want to happen. So it’s a way of controlling the environment inside your country and also way of manipulating people. So, I mean, if you have information on everybody on the planet that means you might have material to blackmail them or influence them, one way or the other, to make a decision that you want them to make.

ROBIN: Do you actually think that kind of reasoning was going on in the heads of, let’s say, George W. Bush or Obama? Are they actually consciously thinking that?

BILL: Well, I think it started with Dick Cheney, yes.

ROBIN: Okay.

BILL: Yeah, I think it was because that’s exactly… I mean, Dick Cheney learned under Richard Nixon, and that was Richard Nixon’s policy and what Richard Nixon was doing with the programs, MINARETTE at NSA, COINTELPRO at FBI and CHAOS at CIA, is exactly what the three agencies are doing now under Bush and Obama. They’re doing exactly the same thing except orders of magnitude, more, more, more and in fact if you read the impeachment proceedings, or the articles of impeachment of Richard Nixon, you could apply them directly to what’s going on today.

ROBIN: Absolutely. Now, at least though on the surface, the likes of Cheney were telling us that he was doing it for our own good, obviously… Are you going so far as to say that you think that we are compromising liberty for security? We don’t agree with that, we don’t believe that is necessary, but is that even a cover? Was Cheney politically motivated for his own political ends rather than for a misguided notion of securing his country? Are you going that far?

BILL: I would. I mean, that’s the standard procedure that these dictatorships and despots down through history have always done. They’ve disguised everything in terms of “I’m protecting you, and I’m doing this in your interest” and when in fact they’re not, so, I mean, the Nazis used this. You know, down through history, lots of people have used this kind of attack.

ROBIN: So do you think…?

BILL: This is nothing new really.

ROBIN: Oh no, it’s absolutely not new. That’s clear. As you say, we see it throughout history. I was watching a clip of Obama on his podium a while ago saying different folks can make different decisions, and can argue about where we draw the line and how much we could compromise for liberty, for security. That’s very different from thinking that this guy is trying to collect something that he has a nefarious intention to use against political enemies. I mean, is it…? It just seems astonishing that there are so many evil people in one place, if indeed that’s true.

BILL: Well, I mean, look what the IRS did with the Tea Party or the Occupy group, what they did with them with the FBI and so on. All these organizations have direct access to this data in NSA databases. The IRS has direct access through the SOD and the DEA to get into the database of the NSA, showing the entire social network of everybody in the country, in fact, everybody in the world. Now, they’re supposed to be looking at it to find tax fraud or tax evasion or, you know, money laundering, things like that…but that’s not what they’re doing. They’re doing many other things with it… And the FBI is also doing things with it like they have direct access too, and none of this is being monitored or overseen by the congress or the courts or anybody. This is all done… You don’t hear anybody talking about what FBI is doing with the NSA collected data. That’s because they’re doing it in secret. I mean, they’re also using it to convict people of crimes, and that’s what they’re doing – they’re looking at it for criminal activity.

ROBIN: Okay.

BILL: But I also say that… It’s my personal opinion that they used this data to get rid of Elliot Spitzer when he was going after the bankers on Wall Street for defrauding people in the 2008 financial crisis. And so the probable cause to go after him was “he’s after the bankers, we have to stop him;” that’s the probable cause, so the FBI went into the NSA databases (emails, phone calls, you know, financial transactions – all of that) and found something to embarrass him and get rid of him.

ROBIN: Now, who…?

BILL: And that protected their bankers.

ROBIN: So what would be in it for the people who authorized that? Are you saying that they’re being paid off to abuse this information in this way? Is there financial gain?

BILL: Let’s put it this way: when Mueller of the FBI and Alexander of the NSA retired, they formed a cyber-security consulting group, and they were asking, if you remember, a million dollars a month for their consulting fees. After there was such a reaction to that kind of thing, they reduced it down to $600,000/month for their consulting fee. Well, I think I read somewhere in Washington Post – I believe – that their first customers were the bankers on Wall Street.

ROBIN: I see..

BILL: It does set a very bad image doing that. You see that gives the appearance of things. If you’re in government, that’s one of the one things you have to do is to always avoid even the appearance of a conflict of interest.

ROBIN: Yes indeed. Now, that would be for personal financial gain. In what ways, if any that you know about, has this massive body of information about all Americans that the NSA has collected, how has that been deployed for political purposes? I mean, do you know of any examples? I mean, it’s a big claim we’re making here.

BILL: Yeah, well, I mean, the direct use of it is the IRS gets the Tea Party.

ROBIN: And so who would have authorized that?

BILL: Well, the connection, at least from what’s come out so far from the investigation in congress, is that woman in the IRS (I can’t remember her name) had communications back to the White House.

ROBIN: Yes.

BILL: Don’t know who in the White House but somebody.

ROBIN: Wow. We’re going into break. We’re going into the break. Bill, we’ll come back and discuss this after.

[MUSIC]

ROBIN: This is Robin Koerner with Blue Republican Radio talking to an American hero, William Binney. William, we’ve talked a little bit about the political and personal gain that seems to drive, perhaps, the collection and abuse of data by the NSA. What about you…? I mean, you are a veteran of the agency. You were a very senior employee of America’s secret service. What motivates the folks who turn up to work every day, who aren’t maybe in the White House or in the IRS with decision-making power? They’re doing their jobs. They’ve got to know that they are engaged en masse in a violation of the basic principles of our nation. Are they just “jobsworths”? Do they just think the ideas of the Constitution are quaint and just not something to be bothered with – that they just don’t apply? Is there a certain personality type, is there a cultural issue that is enabling this, by inertia, to continue?

BILL: Actually, they’ve done some studies over the years in NSA the type of employees they have … If you’re familiar with the Myers & Briggs personal character traits.

ROBIN: Indeed.

BILL: And the testing that goes into that.

ROBIN: Yes.

BILL: I believe it came out at one point when they ran the test across the entire agency, they had 85% of the people in NSA working there were characterized as ISTJ. That means introverted, sensing, technical and judgmental.

ROBIN: Yes. Thinking and judgmental.

BILL: Yeah, these are the kind of people who focus on a job right in front of them. They like to isolate themselves, they’re not interactive with others that much, and so these are the kind of people that are easily threatened, which is what’s going on. Internally in NSA, they’re threatening them. In fact, the government’s threatening them, you know, across the board; that’s why Obama’s prosecuting so many people for whistleblowing.

ROBIN: Yes.

BILL: Because he wants to keep a secret government, keep everything secret and no transparency whatsoever, so to speak. You only become transparent when you’re exposed by a whistleblower and that’s what he doesn’t like, so you have to stop that and so that’s what he’s doing. Internally in NSA, they’re also threatening by saying (this is a Stasi tactic) ‘see something, say something’ of your coworkers, and you’re also responsible now to report your coworkers to internal security for any potential…another potential Snowden is what they’re after. But by doing that, they they’re making it totally… they’re totally destroying the work environment internally.

ROBIN: Yes.

BILL: I mean, how can you work with somebody who’s going to be watching you for everything you’re doing, and if you do something that they don’t like, they report you for it. So, I mean, it’s like the Stasi all over again.

ROBIN: Does this give you any – I know this is going to sound like a strange question, Bill – but does that fact give you any cause for optimism? In the sense that this is not a tenable situation in the long run. It doesn’t seem like it can go on indefinitely. Something has to break. Or is that just a naïve thought?

BILL: No, no, no. I think it is fundamentally destroying the work environment, and … you know, we’re paying over a hundred billion dollars a year to the intelligence community inside this country alone. Just ask yourselves, how many times have they warned us in advance of any of these attacks that we’ve been having. The answer is they haven’t, right?

ROBIN: But, but would we know? I remember Clinton, when he left office, saying that the secret services between them stopped some large number of attacks during his presidency. (I can’t remember what the number was.) And he actually did put a number out and it was quite significant. So would folks within the NSA, the CIA, the FBI – I mean, the people who are using these data – would they agree with you or would they just say that Bill’s factually wrong; that we’ve stopped 15 attacks in the last 3 years because, you know, of this information? Would they say that?

BILL: I mean, if you recall Senator Leahy’s investigation into that. Originally, they started claiming there were 54 attacks they stopped, and when the judiciary committee looked into it a little further, they found out, well, the number dropped down to 30-something and then 13-something, and then down to 1.

ROBIN: Right.

BILL: And the 1 they gave was the guy from in the West Coast or somewhere over there in the West Coast who sent $8500 to Al-Shabaab. Well, look at it this way: when you transfer that money, one end is in Africa, so it is not a domestic issue. So zero attacks domestically have ever been prevented. That is the whole point of it. When they came under real scrutiny, they claim any number of things, but as long as you don’t put them under the sunlight and examine what they’re saying, they’re lying to you. I mean, they have a track record of lying to you. Clearly, look what Clapper said, look what Alexander said in front of congress. I mean, they lied to congress, don’t you think they lie to us?

ROBIN: Sure.

BILL: Then congress lies to themselves; that’s what’s going on. That’s why the Amash-Conyers group coalition – that wasn’t even a committee – of Democrats and Republicans got together to try to unfund the NSA activity a year ago. And the reason they did that was because they finally realized that they were being lied to by the committees and by the agencies and by the administration.

ROBIN: So, do we have to…?

BILL: Well, I mean, the whole point was all of this activity was done in secret with a secret court behind closed doors and they were trying to keep an uninformed public and an uninformed congress, so they could manipulate them and pull their strings and say “do this and do that and if you don’t,” you know, “thousands of people are gonna die and this….” And that’s the threat they generally throw out.

ROBIN: So what do you think is the end of all of this? I mean, are there any systemic or systematic ways that We The People or maybe good politicians – if there are such things – can undo this? Or do we actually have to wait for it to eat itself because some of our political class are using this abusively derived information against others in the political class, and they tear themselves apart such that, like you say, eventually the higher-ups even get hurt by this. Is that what happens or is there something that we can do to accelerate the end of this nefarious setup?

BILL: Yeah, well, I think there is. It requires that people stand up. I mean, most people think they are powerless, but they’re not, they have all the power. I mean, they have the power of the vote that fires everybody, and they also have the power of the purse of not giving money to them and also you can influence corporations by saying if you contribute to them, I’m not going to buy your products anymore. Or you can call up your candidates or people running for office and say: ‘if you don’t do this, I’m not going to contribute to you, in fact, I’m going to work against you and contribute to the other side and try to find somebody who’d actually try to terminate this activity.’ The only one so far in congress that seems really willing to stop it all is Rand Paul.

ROBIN: Yes.

BILL: The rest of them seem to be going along with it, and they’re being duped too because they don’t know what they’re talking about. They’re just misinformed or ill-informed about what going on. They don’t really realize that you don’t have to sacrifice any privacy to get security.

ROBIN: And that’s the point that you’ve been making. Soon after you blew the whistle, I know you went to quite some lengths to get people with decision-making power and even the judiciary to understand this fact: that it’s just a myth that we need to trade our liberty/privacy to get our security, right?

BILL: That’s right. The difference is that the path they’ve taken is, like Alexander said, ‘we’re gonna to collect it all.’ Well, that path means it’s an ever-increasing amount of data that you have to collect year after year. That means you’ve committed yourself and congress and the people of the United States to committing more and more money every year to keep up with that ever-increasing amount of data. And so, you have to invest more, the budget grows, you know, you get a bigger budget. And as that grows also, you have to find places to store it so you now have to build more storage facilities like on Fort Meade they’re planning a 2.8 million sq. ft. facility coming up here. We know this because they submitted an environmental impact statement talking about it. So we know they’re putting this huge facility that is 3 times the size of Bluffdale.

ROBIN: That’s the facility in Utah, right? The data storage facility in Utah?

BILL: Yes, the Bluffdale, UT, facility. Yeah, that’s a million sq. ft. facility – this one is 2.8, so that is close to 3 times the size and it’s going on in Fort Meade. Well, you figure it’s going to take 5 or maybe a little more than 5 years to build that and $4bn or $5bn so that’s more to the budget. So once you do that, then you have to capture all the data, needs more communications are transported into the storage and then you have to have more contractors to manage the data and to manipulate it for the analysts, and you need more analysts and so on. So you see this is how you build a big empire, but in the process you sacrifice the ability to do the mission.

BILL: When you lose the professional focus and discipline of finding the targets and finding the bad guys…

ROBIN: Bill, we’re going into the break, so we’ll carry on when we come back…

[COMMERCIAL BREAK]

ROBIN: This is Robin Koerner with Blue Republican Radio, talking to William Binney, NSA whistleblower back in 2002, and he’s been working hard since to get the word out about just how horrendously the government through its secret agencies are violating the rights of Americans. And Bill, I’m sorry. At the end of the last segment, the bumper music there cut you off, and you were in the process of making a critical point about how the more we take in, the worse becomes our ability to actually use the information that we do take in for the benefit of our security.

BILL: Yes. See the point is: the more data you take in, the more you have to look at or sort through or have programs going through to find information. And they don’t have automated analysis programs, so what they do is they do sort routines or selection routines that will pull data out and will give it to much like a Google search, and then they will return that to the analyst to look at, to try to figure things out. Well, I mean, when you take in the entire world and all the contents and metadata of everybody on the planet, you end up with massive amounts of data like a standard Google query, except probably worse than that because they’ve got more data than Google does. See, they have all the transactional data, which Google doesn’t have, so… Google only has a limited amount. In the Google returns, you can get 100,000 to 1 million or 2 returns, and if you get that every day, your analysts could never get through it, so they never really find necessarily what is important to look at.

ROBIN: Yes.

BILL: And another way to look at it is: if you require your analysts to look at everybody in the planet, which is about 4 billion people using electronic devices. Then, assume if you had all these countries —the “Five Eyes,” and the other 8 countries that are participating with the NSA in this kind of data (acquisition and analysis) – then perhaps you could assemble 20,000 analysts among all of them. Once you have that, then you have to divide the 20,000 into 4 billion that means each analyst, if you could uniquely divide it up, would have to monitor 200,000 people. That’s like a, you know, fairly good-sized city.

ROBIN: Yes.

BILL: So it’s kind of hard to imagine how any analyst could possibly do that, so by taking this approach instead of using a disciplined, professional attack, they have made their analysts totally dysfunctional and they can’t succeed. Case in point: the shooting in Texas. Two days before those two gunmen tried to get in to kill people and that cartoon contest down in Texas, a member of Anonymous tipped off the local police that this attack was going to happen two days in advance of it. Now that’s what our intelligence community is supposed to do, but our intelligence community said absolutely nothing. Why? Because they’re looking at massive amounts of people. They don’t have the focused look that Anonymous did.

ROBIN: Yeah.

BILL: If they took that approach, they would succeed virtually every time. I don’t know how they could miss it.

ROBIN: Now, does this tie into what you were saying earlier then, Bill? I mean, you would think that the NSA, out of some form of self-interest, would want to improve their methods so that they could be more successful. Is the reason that they don’t do that – they would rather use this catchall that is failing – because the catchall-that’s-failing method is actually better for the political blackmail, etc., etc., and the self-interest of the higher parties that you mentioned earlier? Is it that they actually don’t really care about the success of their methods in terms of American security, but they have a different agenda altogether? Is that why they stick with it?

BILL: Yes, yes. That’s exactly what, from what I’ve seen, is what they’ve done.

ROBIN: Wow!

BILL: They traded the security of the people of the United States and the free world and our allies around the world for money… The whole idea is that to do a focused, disciplined approach doesn’t cost anywhere near the amount of money, nor would you need any of the storage. They wouldn’t have to build that facility; they wouldn’t have had to build that facility in Bluffdale. There is a money interest to get a bigger budget and a bigger operation so that you can manage more. That’s what their focus is, and they basically assume that if they collect it all, eventually down the road somebody’ll figure out how to get through it and work out things that are smart. And they’ll have algorithms go through it and figure it out for us. So eventually they’re planning somewhere down the road, but in the meantime we’re all vulnerable and much more vulnerable than we’ve ever been.

ROBIN: That makes a lot of sense, Bill. Would you say, again based on your experience with the internal culture of American secret services and of the people that you worked with, that the culture morally corrupts folks? I imagine a lot of people go in to, as I think you did, this work because they’re patriots: they care about their fellow Americans; they care about their country, their people; and they want to do the best they can – they want to apply their skills for the good of their nation. Now, they get in to that culture and they see that the driving intentions aren’t what they thought they were. That there are other interests being pursued. Do many folks get corrupted within the organization?

BILL: Yes. As a matter of fact, I refer to that process as the “cloning process.”

ROBIN: Okay.

BILL: Once you get into management, say it’s a GS-15 starting, maybe 14 – but 15 you really get into. Then at super grades, you’re really being cloned into corporate thinking. I refer to it as “corporate über alles.” It’s like when they had so many programs running that we call “legacy programs,” things that existed. Then, they need get any new ideas to be dependent on the things that they’ve got running already, so they could keep those things funded.

ROBIN: Right. Okay.

BILL: That’s the whole thinking, the whole process of how you build your empire and require more and more money to sustain it.

ROBIN: Yeah.

BILL: That’s really what they’ve been doing, and instead of taking new, fresh approaches, they’ve resorted to trying to sustain everything they’ve got and that they developed over time – even some of the analog systems. It’s just a, you know, a whole way of thinking from a corporate perspective…

ROBIN: That’s fascinating.

BILL: … that doesn’t necessarily have any influence on mission outcomes. In fact, it’s contrary to it. In fact, when I joined the agency, the values of the agency were mission first, then your people, then your organization, and then yourself. And when I left, they were exactly the reverse.

ROBIN: Hmm…okay. That makes sense.

BILL: The mission is last in line for values.

ROBIN: Yeah. Okay, I understand. Interestingly, earlier in the interview –you mentioned Rand Paul, and I want to just ask you a little bit about that because I know for a lot of folks who identify with the liberty movement, there’s a certain hopelessness about the electoral process. They believe that any application of people-power to the electoral process is basically hopeless because that process is hopelessly corrupt. Now, is it fair to say that – given that you offered the name of Rand Paul – that you believe, that you apply effort to supporting candidates like him, to shining the light on candidates like him, and that you think it is worth turning out to support folks like Rand Paul – and that it is possible, at least in theory, that a Rand Paul presidency would not become corrupted in the same way that a George W. or a Barack Obama presidency did? Do you believe that?

BILL: Yes, I do because…actually I’m trying to help as much as I can. I mean, if he gets the right advisors and doesn’t fall for the bamboozling of the intelligence community, then, he would have it right, and I believe that he will not fall for that. At least, so far, he’s evidenced the fact that he wouldn’t. He’s made it pretty clear that all the existing laws that we had would function well as long as we abided by the constitution.

ROBIN: Yes.

BILL: He’s advocating for more intrusive investigation of people who are suspect or in a zone of suspicion around bad guys.

ROBIN: Yeah.

BILL: That’s the disciplined, professional approach that really we need to succeed, and he’s got that focus and he said that on the floor of the Senate in his filibuster basically for 11 hours down there.

ROBIN: Yes.

BILL: He said that, and that’s really pretty clear. I mean, that’s really the way they have to do it. That’s the way Anonymous did it; that’s why they succeeded.

ROBIN: Yeah.

BILL: Our intelligence community is consistently failing on that. I mean, the FBI is really good at entrapping people, but, you know, those aren’t the real threats. I mean the real threats that were coming – fundamentally, most of them succeeded. The ones that failed failed because their devices failed, you know, or some local policeman saw them and stopped them.

ROBIN: Yeah, that makes sense.

BILL: So that should be clear evidence that they’re doing something wrong. I mean, after all, if you’re running an organization that’s not succeeding, you’re doing something wrong. You’ve got to change. That’s really pretty simple.

ROBIN: Now, the beginning of that answer, Bill, just to make sure that I was clear. Did I hear you say that you were advising Rand Paul or talking to him about these matters?

BILL: Yeah, we’re passing advice to people who are working with him…

ROBIN: Okay.

BILL: … so that we can try to contribute to him that way.

ROBIN: I see. That makes a lot of sense. And I should say — full disclosure — I’m the communications director for Ready for Rand PAC at www.readyforrand.com . So I’m actually delighted to hear that you, one of my heroes, is helping Rand. And, actually more importantly to me, I haven’t sat down across the table with Rand Paul and looked the man in the whites of his eyes, and I think it’s always important to do that. So I do feel a little better that you feel that he is a man of integrity and that you could even see him, in your mind’s eye in office, maintaining that integrity and his belief in the constitution. I certainly hope you’re right about that. Now, what about other political engagement? It amazes me and I’m British – as you can tell from my accent, Bill – but it kind of amazes me just how much we now know in the United States about the abuses of individual liberties and, yet, nobody seems to be marching in the street. Nobody is handcuffing themselves to the diggers in Utah building – this massive institution for violation of American rights. Are Americans apathetic? Are we antipathetic? Are we … should we be out in the streets, let’s say, exerting our Second Amendment rights at this point? What’s wrong with us, Bill. What’s wrong with us?

BILL: Okay, I think there are several things, and I said some of this in different meetings and talks and interviews.

ROBIN: Sure.

BILL: We are, we are… We’ve been for the last about 240 years very accustomed to having a country, a government that does the right thing. We wear the white hats; they try to do the right thing by us, and they try at least to be, for the most part, honest with us. And so, we have built up this internal trust in our central government to do the right thing or to try to do the right thing. That’s because we haven’t had a dictator here since George III, I might add. And so what we ended up doing, as I keep saying over and over again, what we ended up doing was trading George III for George the W. And so from there on, it went worse.

ROBIN: And you know I’ve said often, Bill, that George III never signed an executive order in his life. And to find the last English king that signed an executive order, you actually have to go back an entire century before the George III and to get to James, who was actually kicked out for his one executive order. So, I think I’ve got to say: I think our President is more of a monarch, and maybe even in the terms we’re discussing a dictator, than ever George III was.

BILL: I’m basically referring to it now as an imperial presidency.

ROBIN: Indeed.

BILL: For that reason, I mean, because everything is so secret and they don’t want it out in the open and they can’t, you know… they say the right words in public: ‘yes, we wanna have a… it’s not time to have an open discussion about this,’ but they’re not open at all about it. I mean the biggest thing they’ve not talked about is that all of the contents of the communications (emails and phone calls) that they’re doing now. Recently in The Intercept, they published some articles about using automated translations to do some rough translations of voice calls. Well, that means they’re doing it on the orders of millions of calls every day. They’re doing rough translations just to get words out to see if there is some word that might hit their list that they might want to look at that conversation a little more closely. Then they’ll use people to do a full transcription.

ROBIN: Yeah.

BILL: This is basically what I think Adrienne Kinne and David Murphy-Fawkes were doing at Fort Gordon, GA. They were transcribers doing transcriptions of US communications with other US people without a warrant, and according to FISA, those were federal felonies. That was also true when Tom Tamm — Thomas Tamm who was a DOJ lawyer — who was charged to write up request for warrants to the FISA court. And he saw all these warrantless wiretaps and warrantless reading of emails coming through as justification for probable cause. They should have gone through the FISA court, and here they were using the data that they already collected to go through as justification for probable cause to get a warrant from the FISA court. So you know, this is the collection of content that’s been going on all along – even the latest 5IG report came out at the bottom of page 8, the top of page, it says in there where Addington told General Hayden of NSA that (this was in the first 45 days of the authorization of 4 October, 2001, of the President).. he was telling Hayden that the President’s authorization authorized him to collect content of US citizens as well as metadata.

ROBIN: Wow.

BILL: So, I mean, this is the whole point that this has been going on all along and they keep claiming they’re not doing content and that’s just an outright lie.

ROBIN: Presumably, though, there’s also just a very simple motivation about this, which is nobody wants to be caught with their pants down, right? Nobody wants to have been caught in the lie, so we’re now in this kind of rut of having to build lies on lies on lies.

BILL: Right. And then everybody is involved so they all have to support it like McConnell in the Senate, all the leadership in the house and senate, the FISA Court, and the intelligence committees, and the Attorney General. They’re all a part of it, so they have to support it.

ROBIN: Now we’ve only got about a minute left in this segment, Bill, but do you think there is a change in zeitgeist now either among the People or the political class or both? Back towards individual rights? Rand Paul did do his filibuster. We got the USA Freedom Act –not ideal—but is it a step in the right direction? Or is it a whitewash? And again, we’ve only got about 45 seconds left, but what do you think about that?

BILL: It is basically a step in the right direction, but by no means anywhere near something that really, I mean… they’re only doing the surface stuff. They already have separate programs already acquiring most of that data any way. In the upstream acquisition of data, that’s where they’re tapping directly into the fiber lines and taking everything in bulk (content and metadata). For metadata, they probably get about 80% of it with the upstream program, and the Section 215 stuff was illegally acquired but it was the extra 20% that they were missing from the upstream, so it really doesn’t do that much. We need to do a lot more.

ROBIN: Thanks, Bill. We’re going into the final break. This is Robin Koerner with Bill Binney on Blue Republican Radio.

[BREAK]

ROBIN: In the final segment, I just want to ask you, Bill – and thanks again for being here with me on Blue Republican Radio — is it worse in America than everywhere else or is everywhere else catching up? Is this an American anti-civil liberties disease or is it a global one?

BILL: Well, it started all here within the US and it focused on US citizens. Then it spread around the world for the US to do it, but also at the same time the Five Eyes group (Canada, UK, Australia, New Zealand, and the US) went together on this and then other countries were joining it. So that you see that they’re all adopting the same procedures of bulk acquisition of data and information and using it to share…and they’re sharing it back and forth. Just recently the Bundesamt found out that the B&D, the equivalent of the NSA and CIA over in Germany, was also sharing data with NSA, and collecting data on their own citizens. So it’s really a worldwide process that started here but is infecting entire governments, democracies around the world as well. And so it’s really destroying the entire fabric of democracy everywhere on the planet. I mean, Ronald Reagan used to say that “we’re a country with a government,” well, now we’re a government with a country and we’re making everybody else that way too.

ROBIN: My god. That seems to be such a depressing note to end on. I would just say… I mentioned at the beginning of this show that we’ve just marked the 800th anniversary of the Magna Carta. In history, some things keep repeating themselves, and my little contribution to this was to set up at www.magnacarta.us — and I invite any of the listeners to go to magnacarta.us. I have rewritten the Magna Carta for our time in which I’ve listed to a set of grievances and made a set of demands, of those who would rule us, to undo some of the extreme violations of the basic individual liberties that we’ve been fighting for 800 years but are now undergoing in this country, and – if you have been listening to Bill, are affecting citizens around the world. Also, if you care about these issues, please go to www.bluerepublican.org , stick your name in the box, and join the mailing list. Check out the archives: we have some fantastic guests; we discuss issues like this a lot. We had Coleen Rowley, the 2002 Time Magazine Person of the Year, discussing similar issues recently – check that out in the archives. Bill, thank you very much for being with me on Blue Republican Radio.

(With thanks to Hema Gorzinnski for transcribing.)

Michael Brown’s Parents Will File Lawsuit Against City of Ferguson, Darren Wilson

On Wednesday, the Department of Justice announced that it will not charge Darren Wilson, a white police officer from Ferguson, Missouri, with any civil rights violations in the shooting that killed Michael Brown, an unarmed black teenager on August 9, 2014.

Brown’s parents, Lesley McSpadden and Michael Brown Sr., have confirmed that they will pursue a wrongful death lawsuit against both Wilson and the city of Ferguson.

Anthony Gray, one of the attorneys representing the Brown family, spoke at a press conference on Thursday, and maintained the fact that the Brown family has felt from the very beginning that “Officer Darren Wilson did not have to shoot and kill Mike Brown, Jr. in broad daylight in the manner that he did, that he had other options available to him.”

“We are officially in the process of formulating a civil case that we anticipate will be filed very shortly on behalf of the family,” Gray said. “In our case, we plan to show and outline pretty much the same evidence; however, you will get a more clearer, a more accurate of what took place that day.”

Darryl Parks, another attorney representing the Brown family, said that the family is not surprised by DOJ’s findings, and that they were only choosing to file a lawsuit now, because they did not want to get in the way of the DOJ’s ongoing investigation before, and they are now “entering a different phase of this action.”

As previously reported, the DOJ’s decision not to charge Wilson with any civil rights violations in the shooting that killed Brown, comes at the same time as a report from the department, which revealed that the Ferguson police department exercised discrimination against the black community by using excessive force, issuing minor citations and making unnecessary traffic stops.

Federal law enforcement officials told the Associated Press that upon investigation, they found that 88 percent of the time use of excessive force was documented by Ferguson police, it was being used against a black individual, and that out of the city’s 53 police officers, only three were black.

All Mainstream Media Must Publish the Hebdo Cartoons

To all those media outlets who have convinced themselves that they don’t need to publish the Charlie Hebdo cartoons of Mohammed in reporting the recent events in Paris: you are profoundly wrong.

Your raison d’etre is to present news. The Hebdo cartoons are a natural part of the story of the murders in Paris. To assert that a description of an image is anything like the image, itself, is a rationalization of cowardice. The only reason to “describe images” without publishing them is fear of the consequences of publishing.

charlie hebdo1

The official reason offered by many Western media outlets for not showing us the images that have at least in part provided the excuse for three fanatics to murder is “so as not to cause offense”.

First, you can’t cause offense. Offense is always taken, never given. Western society depends on that – on responsibility for one’s emotions, and if not for one’s emotions, then for what one does with one’s emotions. Many of us get offended on a weekly basis. The “right” not to be offended is not a right at all. Rather it can only ever be, by definition, a claim made to limit the rights of others.

Some people and organizations do indeed get-off on causing offense for attention or for its own sake. I have little time for such behavior. Indeed, all my political work is geared to mutual respect and finding common ground.

But that is not at issue here. Any sane person can see that the presentation of the Charlie Hebdo cartoons of Mohammed in stories about the murders in Paris is a very natural and legitimate part of telling the story of those murders – a purpose that is entirely and necessarily consistent with the much greater and deeply necessary purpose of the media in a civilized society.

charlie hebdo2

This is all very basic stuff. Murders have been committed because (among other reasons) the murderers dislike the way their victims exercised their freedom of expression. Some media organizations whose existence depends on that freedom, and that have the greatest responsibility to defend it (because they exercise that right every day), are giving it up without a fight. That responsibility to defend it is a responsibility to self-interest, let alone to the free society that allows them to operate, and to the people from whom they gain their revenues.

If these mainstream media outlets have adopted “not causing offense” as a new standard for editorializing, then I hereby inform them that I – and millions like me – choose (because it is always a choice) to be deeply offended by much of the mainstream media’s credulous reporting of our own government’s actions – especially in foreign policy, military and civil rights matters – since 9/11.

I don’t expect them to be very bothered by that, of course, because it’s not the causing of offense that concerns them – and all editors know as much from a moment’s introspection. They’re not concerned by my taking offense because I, being a civilized human being whose mind has not been ossified by religious orthodoxy and fundamentalism, am not going to use my offense as an excuse for violence against them.

Everyone who’s working at these media outlets realizes that one goal of the attacks in Paris is to render the Western press unfree, or to punish it for exercising its freedom (which is exactly the same thing). Now, by definition, only the media, and those who work in the media, can decide whether to give the attackers what they are demanding – a veto by one group on everyone else’s freedom of expression.

A media executive might protest that his job is not to take political, cultural or religions sides … that the presentation of information doesn’t entail direct engagement in such controversy. And that is correct … and that is why the editors should do their job without fear or favor, which is to tell the story in full. It’s by not publishing those cartoons, therefore, that media outlets are acting politically and morally – and they are doing it for the wrong side.

When George Bush famously said, “either you are with us or you’re with the terrorists”, he was profoundly wrong. At that time, the media collectively failed us miserably by promoting the fear-driven propaganda that resulted in the deaths of many American servicemen, many more innocent foreigners, and the take-down by our government of the very rights that the terrorists in Paris would also like to see taken down as they establish their silly caliphate.

But now if you’re in the media, there is a clear sense in which “either you are for freedom of the press, or you are with the terrorists” – because you can’t be for freedom of the press if you would prefer not to do the proper job of the press so as to avoid the possible consequences of defending press freedom by exercising it.

Think about that. If you’re an editor who’s not publishing those cartoons today, you’re not just failing to defend press freedom, you’re acting against a free press because you’re giving up your job to tell the whole story at the very time when the story is about the freedom on which your job depends.

That is not a neutral position.

As Sartre said, “What is not possible is not to choose”.

This is not about multiculturalism or cultural sensitivity. It is not about imposing images of a prophet on people who don’t want to see them. My deep sensitivity and respect for the values and lives of Muslims around the world, many whose lives have been destroyed by Western policies that I oppose, in no way requires me to engage in a wholesale suppression and denial of my own values – which include media that tell the truth without knowing distortion by either falsity or omission.

Ironically, perhaps, in the next few days, the media’s actions will speak louder than their words. And to turn to another idiom, a picture is worth a thousand of those. Right now, then, one cartoon is worth even more than that – but, crucially, no cartoon is worth an order of magnitude more.

Much of the American media, in particular, spent many years rather uncritically providing platforms for people who have asserted that defense of our freedom requires killing innocent Muslims abroad – while legislatively compromising away those very values that we were purportedly defending… without any of the sensitivity to Muslim sensibilities (let alone lives) that they have found over a few images.

The events in Paris have shed light on something that has always been true: that the fight to maintain our liberties can ultimately only be won or lost in the minds of the people whose liberties they are. They are won or lost whenever people choose to preserve those liberties by exercising them even when doing so feels risky, or when, alternatively, people decide not to exercise them because they are less important than avoiding discomfort.

So media, are you with us, the People, and our freedom of speech – which is also yours, or are you with the terrorists? Because if you will not do your job at this time when your freedom even to be the media is attacked – then what the heck are you for?

And please don’t come back with the tired trope about protecting your employees. If they don’t like the fact that their organization is choosing to do the right thing, rather than fall into gross hypocrisy, then they can exercise another beautiful freedom … the freedom to get a job that suits them better.

Exclusive: Is Senator Rand Paul the Leader of the New Civil Rights Movement?

Last night at Congressmen Mick Mulvaney’s fundraiser, Benswann.com’s Joshua Cook asked Sen. Rand Paul (R-Ky) about his views on police demilitarization, reforming drug sentencing, and restoring voting rights to non-violent felons.  Cook asked Paul, “Is your brand of republicanism the new civil rights movement?”

Watch Paul’s answer below:

“He Has No Drugs & Knows His Rights” Cop From Viral DUI Video Wins Controversial Award

LOS ANGELES, December 23, 2013– Over the Summer BenSwann.com reported on a viral video from a DUI checkpoint in Rutherford County, TN. The video featured Chris Kalbaugh, a Rutherford County citizen, filming his encounter with police at the checkpoint. His encounter has been viewed more than 4.3 million times on Youtbube alone. Controversy swirled as viewers felt the cop was violating Kalbaugh’s constitutional rights. Deputy Ross, from the video, has just won the “Deputy of the Year” award from the Tennessee Governor’s Highway Safety Office (GHSO). The department is responsible for funding DUI checkpoints.

Ross has worked for the Sheriff’s department twice. He resigned after lying to police about having insurance after being in a car accident. A few years later, under a new sheriff, Ross was reinstated.

Gordon Duff, senior editor of VeteransToday.com, one of the country’s largest military veterans newsletters, referred to Ross as “America’s dirtiest cop“.

According to a press release from the Rutherford County Sheriff”s Office, Ross conducts Advanced Roadside Impaired Driver Enforcement training for the GHSO.

“He is Deputy of the Year because he’s passionate about teaching, driving many miles and doing it without big pay,” Burnett said.

Sheriff Lt. Joe Gray, who nominated Deputy Ross, said he is a key player in the Traffic Unit who shares his skills with deputies and other law enforcement officers in Tennessee and the U.S.

He has taught numerous classes for the Sheriff’s Office and for the Governor’s Highway Safety Office in the field of DUI detection, standardized field sobriety testing and drug impairment detection.

“Deputy Ross is this department’s only DRE (drug recognition expert) and as such has performed numerous drug evaluations for this department and for surrounding agencies,” Lt. Gray said. “His knowledge and skills in this area also landed him an invitation to teach at the Tennessee Prosecutor’s Conference, whose members are the district attorney generals and their assistants from the various judicial districts across the state.”

He is also a frequent guest instructor at the Tennessee Law Enforcement Academy where he teaches Standardized Field Sobriety Testing to new law enforcement officers from across the state.

Many are upset over Ross winning the award. Axl David, Murfreesboro, TN City Council candidate, says that Ross’ nomination is a slap in the face to anyone that has taken an oath to uphold the US Constitution. “I think I speak for many Tennesseans in sending my condolences to the many good law enforcement officers who were passed over for this award. There are many professionals who treat citizens with respect, dignity and honor the Constitution that were simply passed over,” says David.

During the time of the filmed incident, David was the communications director for the Libertarian Party of Tennessee.

Kalbaugh did not wish to comment.

Rand Paul is Right: Civil Rights Aren’t Simple Rights

Rand Paul
Photo by: Gage Skidmore

Something recently happened in England that warrants revisiting Rachel Maddow’s (in?)famous 2010 interview with Rand Paul concerning the Civil Rights Act of 1964.

In April of this year, Rachel Maddow also revisited that interview, following Rand’s visit to Howard University, during which he answers a question from a student with the sentence: “I do question some of the ramifactions and extensions, and I have never come out in opposition to the Civil Rights Act … I have never questioned the Civil Rights Act”.

Rachel shows a clip of Rand’s giving that answer and then repeats, out of context, “I have never questioned the Civil Rights Act”. The context is important because it includes his explicit qualification that he does question the ramifications of the act beyond race.

Nevertheless, Rachel accuses Rand of “flat-out lying”, and to prove her point, she runs another interview that Rand had given in 2010 with the Louisville Courier Journal News paper, which went as follows.

LCJ: “Would you have voted for the Civil Rights of 1964?”
RP: I like the Civil Rights Act in the sense that it ended discrimination in all public domains. I am all in favor of that.”
LCJ: “But?”
RP: [Laughs] “You had to ask me the “but”. I don’t like the idea of telling private business owners – I abhor racism; I think it’s a bad business decision to ever exclude anybody from your restaurant – but at the same time I do believe in private ownership.”

Cutting back to Rachel in the studio, “That is Rand Paul, questioning the Civil Rights Act”.

She accuses Rand of having a sketchy record on racial discrimination and civil rights law, and of being condescending in thinking he can get away with his lie. She even displays this headline in the New Yorker: “Rand Paul, at Howard University, Pretends He Favored the Civil Rights Act”, to reinforce visually the idea that Rand is a) dishonest and b) disfavors the Civil Rights Act.

That was itself dishonest, and as someone who likes Maddow (and even has a signed copy of her book on my shelf), I am disappointed that Rachel didn’t think so. In her interview with Rand from 2010, Rand was clear:

“There are ten different titles to the Civil Rights Act and nine out of ten deal with public institutions and I am absolutely in favor of [them]. One deals with private institutions, and had I been around, I would have tried to modify that. But the other thing about legislation – and this is why it is a little hard to say where you are sometimes – is that when you support nine out of ten things in a good piece of legislation, do you vote for it or against it?”

They are not the words of a man who disfavors the Civil Rights Act, or is trying to be dishonest about his views of it. They are the words of a man who favors nine tenths of it and, because of his concern for civil rights, is worried about the gutting of one principle critical to everyone’s enjoyment of liberty – private property – to help extend the reach of another (anti-discrimination).

… Which brings me to the recent event in England that raises serious questions for Americans, and I think puts Rand’s interview in an altogether more positive light.

In the U.K., an elderly Christian couple, Mr and Mrs Bull, who used to run a guesthouse, refused to offer rooms to unmarried couples – whether gay or straight. Some time ago, a gay couple, who fell afoul of their “no unwed couples” policy, sued them for discrimination. Britain’s Supreme Court agreed with the offended party and fined the hoteliers thousands of pounds, which, along with the legal fees, and the elimination of their right to rent their rooms to whomever they wish, caused them to sell their business.

As a non-religionist, I completely disagree with the guesthouse-owners view of sexuality and, dare I say, love. But I am very disturbed by the use of law to punish them for following their conscience with their own property in a way that neither did, nor intended to do, active harm to anyone.

This incident raises a complicated moral and societal question about which well-meaning and intelligent people can disagree. To find answers to such questions, I often ask simply, “What would Love do?”. And I have to say that if I were denied entry to this business (as I would be if I were with a partner as I am not married), I would probably pity this couple for their views, and I might even tell them so, but Love would require me to respect where they are on their spiritual journey, and know that they were not seeking to hurt me. I wouldn’t feel that I had a right to use the force of the state against them, nor would I want to.

As I read this sad tale, Rand’s interview with Rachel Maddow came immediately to mind. For what happened to Mr and Mrs Bull is the very consequence of the concession of the principle of private property that Rand was so concerned about.

Just as Mr and Mrs. Bull had a right to discriminate (but a moral obligation not to do so), any group of aggrieved customers – such as gay people or unmarried persons who are sexually active – have all the right in the world to publicize this couple’s views in a bid to persuade others not to frequent their establishment (easier today than it has ever been). In this way, no one has to act out of force or violate the one right that exists almost exclusively to facilitate the exercise of all other fundamental (natural) rights to life, liberty and the pursuit of happiness – which is the right to earn and deploy property to your benefit as long as doing so harms no one else.

In the case of Mr and Mrs Bull, the force of a British law that is equivalent to the one tenth of the Civil Rights Act about which Rand Paul is rightfully concerned, was used to deprive someone of something as punishment for an act that was not intended to harm, was in line with sincerely held religious belief, and materially deprived no one of anything.

Logically, Mr and Mrs Bull can only have committed a crime if the couple they turned away had an actual right to be served by them. Yet, the Bulls are not compelled to offer their service to anyone. So how can it be that party A’s (the Bulls) making a free choice to transact with party B (a married couple) creates a new right for party C (unmarried couple)? What kind of right would that be? It is not a simple question.

To get to its answer, Rachel had pressed Rand on this altogether more concrete question.

“Do you believe that private business people should be able to decide whether they want to serve black people, gays or any other minority group?”

The most important thing about this question is that it is utterly different from the following one.

“Do you believe that private business people should serve black people, gays or any other minority group?”

Those two questions are very different indeed; they rest on very different moral and even metaphysical principles and both consistently can, and perhaps, should, be answered with a “yes”.

It is far from obvious, for example, that we should use law to punish a person who follows his conscience and does not harm another individual (such as Mr. Bull), but not a person who goes against his conscience and betrays another, such as by telling a lie to cover adultery. Typically, we make the leap from “an action is wrong” to “an action should be punishable by law” only in the very rare cases that an individual is in fact harmed or put at great risk of harm (murder, robbery, intention to do either, reckless driving, etc.).

In contrast, anti-discrimination laws in the private sphere almost uniquely work by the threat of harm (or in Mr and Mrs Bull’s case, doing actual harm) against individuals who have neither done, nor intended to do, active harm against anyone else. This is extremely serious because it is exactly by prohibiting the state from harming those who have not done harm to others that discrimination against any group in the public sphere is prevented. In other words, anti-discriminatory laws in the private sphere are always in danger of undermining the very principle they purport to defend. Typically, that doesn’t matter practically in the short-run, but it can do huge harm in the long-term.

What, after all, was the evil of slavery, from which modern discrimination in large part follows so darkly? It was not the evil of slavers’ refusing to let their slaves buy services, analogous to the refusal of Mr and Mrs Bull to offer a room for their unmarried but sexually active clients. Rather, it was the legally sanctioned, complete abuse of the property rights of the slaves by the slavers – the refusal to let them earn property in exchange for their labor, the refusal to let them keep property with which they could have bought themselves out of their slavery, the refusal to allow them to decide what to do with anything they did in any loose sense own, and even, (by the definition of property favored by many who understand its importance to providing all individuals the means of defending their liberty against any impingement,) the denial of the slaves’ exclusive property in their own beings and bodies.

This is extremely important. Property rights matter because property is the only secure means by which people can exercise their liberty over time and defend it when it is under attack.

Understanding why the two questions above can both be answered affirmatively is critical not only to understanding Freedom, but also to our ability as a nation to preserve it. We might even go a step further and say that it is the difference between those two questions that defines Freedom.

That Rand Paul cares about all of that is a credit to him. The story of Mr and Mrs Bull does not in itself prove that either Rand or Rachel is right on that one tenth of the Civil Rights Act that deals with private institutions, but it does (as sure as slavery is evil) prove that intelligent people can disagree about it. And it proves beyond doubt that impugning the intent of a politician who has sufficient integrity and, frankly, courage, to grapple so publicly with the fundamental principles of liberty is not only unfair to him, but also a disservice to us all.

He Has No Drugs And Knows His Constitutional Rights

Across the nation yesterday and likely all throughout this weekend, local law enforcement will be putting up DUI checkpoints.  The idea behind these checkpoints is that they help to get drunk drivers off of the roads.  Unfortunately, time and again we see that these checkpoints do very little in that regard while managing to trample over the constitutional rights of sober drivers.

Today, I was alerted by a viewer to this video as he asked for help sharing it.  It was taken not even 24 hours ago by a young man in Rutherford County, TN by the name of Chris Kalbaugh.  Chris was stopped at one of these checkpoints last night and as you will see in the video he complied with the law.  The whole time Chris was recording his encounter with police.  Over and over his constitutional check-pointrights were violated and once again he was told the same thing so many of us have heard over and over: that we must sacrifice our liberty for safety.  In Chris’ case, none of the conduct by police in this video made him or anyone else on the roadways in Rutherford County any safer.

Here is the video and a quote from the Rutherford County Libertarians Facebook page:

“As we speak, video of police abuse here in Rutherford County is being viewed by hundreds of thousands of people all over the world, thanks to reddit picking it up. Concerned citizens are flooding the phone lines and email inboxes of the local sheriff’s office, police department, and highway patrol. Hats off to fellow member Chris Kalbaugh for asserting his constitutional rights.”