As you probably know by now, mercy was denied, and Stanley Tookie Williams was murdered by the state of California at 12:35 am this morning. In other news, none of his alleged victims came back to life and there are no reports of murders having been deterred in the state of California.

Here are some things I don’t care about today.

I don’t care whether Tookie repented, deep down in his heart, or whether he was trying to put on a good face in order to save his skin.

I don’t care whether Tookie’s trial was fair or not.

I don’t care about whether Tookie was innocent or guilty of the crimes for which he was slaughtered.

I don’t care about whether Tookie was innocent or guilty of a bunch of other crimes that he has or hasn’t copped to.

I don’t give a damn about what kind of message mercy would have sent. Or what kind of message slaughtering him did send.

And if I hear one more goddamned professional blowhard cheerfully pontificating about the calculated electoral pandering that informed Governor Schwarzenegger’s deliberations over a man’s life, as if there were nothing unexpected or wrong with snuffing out a human life in order to make sure that your political base stays behind you, I am going to scream. And cry.

Regardless of the fickle electoral preferences of California Republicans, the messages that the State’s Harrow might inscribe into a man’s body for the edification of unnamed others, his guilt or innocence, the adequacy of his trial, or the inner state of his soul, Tookie would have posed no more credible threat to anyone alive in San Quentin without the possibility of parole than he does now that he has been poisoned to death. I wouldn’t presume to know whether he, or anyone in this vale of tears, deserved to live or deserved to die. What could give me the right to say? More to the point, what ever gave the hangmen and politicians of the state of California the right to say?

I do know that if he did deserve to die, we would have no right to give him what he deserves. Blood vengeance is not ours to dispense. Would you have sanctioned the premeditated murder if one of the other inmates managed to break out and slit Tookie’s throat in the middle of the night, just ’cause he deserved to die? If so, why? If not, what makes the relevant moral difference between the criminal and the State’s hangman?

The death penalty is the definitive expression of what the power of the imperium means. It means that the State claims a special right to control you, to beat you, to tie you down, and to kill you, at its own pleasure and discretion, a claim that would be universally met with indignation and horror if it came from anyone else, if it weren’t covered with the robes and the crown. The death penalty — an act of State-sanctioned murder whether the victim is good or evil, innocent or guilty, redeemed or sinful — shows the State in all of its power and all of its glory, in the mirror that flatters not.

The State is Death. That is its power. That is its justice. That is its law.

At 12:35 a.m., it claimed Tookie Williams. It must be stopped before it claims even one more life.

Further reading:

• Radley Balko 2005-12-07: Cory Maye
• [Echidne of the Snakes 2005-12-13: Stanley Tookie Williams](http://echidneofthesnakes.blogspot.com/20051201echidneofthesnakesarchive.html#113450395682378838](http://echidneofthesnakes.blogspot.com/20051201echidneofthesnakesarchive.html#113450395682378838)
• Jeanne d’Arc @ This Modern World 2005-12-13: Yes, we kill people.
• GT 2004-12-15: God damn it.
• GT 2002-06-24: Wallace Fugate is guilty as hell.
• Political Programme FAQ: Death Penalty

Thanks to Amanda, I recently found James Lileks’ new hobby, Patriotica, a loving collection of genial homefront propaganda from World War II. Lileks’ tone is jokey and sometimes downright satiric. But he makes it clear enough that that’s just his usual campy, self-deprecating schtick, applied at the level of his nation-state; part of the point here is that he’s collecting WWII propaganda because, deep down, he believes in it, and he thinks we have something to learn from it. And it’s clear enough that his audience on the Right is getting the message. (As he comments in the Daily Bleat: New update to Patriotica here, a sad reminder of the days when nearly everyone agreed there was actually a war on, and it had to be won. As a fan at the Independent Women’s Forum puts it, Those were the days when our media supported our troops! Pro-Victory writer Dadmanly wistfully remarks: For all those who think that the current administration is over-hyping the Global War on Terror, a little reminder of how they REALLY knew how to whip up the masses in WW II.)

Let’s everyone get in on the campy collecting fun! Here’s some submissions I’d like to see Lileks put in Patriotica. I’m sure you can soon find these collectibles from the Last Good War on loving display in Lileks’ collection.

We begin with Private Joe Louis clearing it all up for us. We’re going to win because we are acting as the Sword of God:

Next, there’s nothing quite so genially amusing — especially for conservatives — as absolute government command over the economy. Obey the price controls, and make sure you get your meat ration, citizen! (We’ll be taking the rest of it.)

On a similar theme, we have the following adorable bit of naked attempts at intimidation, in order to whip the masses into line:

Here’s some more choice bits for Lileks, also on the topic of intimidation. Specifically, a genial reminder from the government to shut the fuck up, citizen.

That last image is actually pretty famous. This one isn’t quite so famous, in spite of being a classic combination of two great themes of American World War II propaganda: overbearing commands for silence, and violent racist caricature.

Speaking of which, here’s several more I just can’t wait to see in Lileks’ gallery. Submitted for his approval, without further comment.

… Yeah.

I really fucking hate World War II propaganda.

Everything old is new again.

In the political atmosphere created by a seemingly endless, only half-declared war, in which both foreign infiltration and domestic subversion are considered serious threats by the powers that be, the spooks from the FBI have been granted expansive powers for clandestine domestic surveillance — that is to say, spying on you, and I, and our neighbors, if our political loyalties are suspect. They are accountable only to minimal oversight, by closed, secret courts whose proceedings are only known to a select few of the bureaucrats and overlords of the State–but not to you, or I, or our neighbors. And in this kind environment, the Washington Post is shocked! shocked! to discover that the FBI may have abused its undisclosed and unchecked powers:

The FBI has conducted clandestine surveillance on some U.S. residents for as long as 18 months at a time without proper paperwork or oversight, according to previously classified documents to be released today.

Records turned over as part of a Freedom of Information Act lawsuit also indicate that the FBI has investigated hundreds of potential violations related to its use of secret surveillance operations, which have been stepped up dramatically since the Sept. 11, 2001, attacks but are largely hidden from public view.

…

In other cases, agents obtained e-mails after a warrant expired, seized bank records without proper authority and conducted an improper unconsented physical search, according to the documents.

Although heavily censored, the documents provide a rare glimpse into the world of domestic spying, which is governed by a secret court and overseen by a presidential board that does not publicize its deliberations. The records are also emerging as the House and Senate battle over whether to put new restrictions on the controversial USA Patriot Act, which made it easier for the government to conduct secret searches and surveillance but has come under attack from civil liberties groups.

The records were provided to The Washington Post by the Electronic Privacy Information Center, an advocacy group that has sued the Justice Department for records relating to the Patriot Act.

David Sobel, EPIC’s general counsel, said the new documents raise questions about the extent of possible misconduct in counterintelligence investigations and underscore the need for greater congressional oversight of clandestine surveillance within the United States.

We’re seeing what might be the tip of the iceberg at the FBI and across the intelligence community, Sobel said. It indicates that the existing mechanisms do not appear adequate to prevent abuses or to ensure the public that abuses that are identified are treated seriously and remedied.

…

Catherine Lotrionte, the presidential board’s counsel, said most of its work is classified and covered by executive privilege. The board’s investigations range from technical violations to more substantive violations of statutes or executive orders, Lotrionte said.

Most such cases involve powers granted under the Foreign Intelligence Surveillance Act, which governs the use of secret warrants, wiretaps and other methods as part of investigations of agents of foreign powers or terrorist groups. The threshold for such surveillance is lower than for traditional criminal warrants. More than 1,700 new cases were opened by the court last year, according to an administration report to Congress.

— Dan Eggen, Washington Post 2005-10-24: FBI Papers Indicate Intelligent Violations

Sometimes things just happen out of the blue, and there just aren’t any warning signs. Who could have predicted that unchecked and unaccountable spying power, responsible only to secret courts, created by bulldozing established legal limits, would lead to abuses of power? It’s not like those onerous limits on the FBI were created for any particular reason. It’s not like anything like that ever happened before.

The fact is that this is only the smallest sign of a incredibly serious problem — systematic surveillance and unaccountable secret police are always toxic, and can be lethal, to anything resembling freedom. This is something that deserves a lot more than heaping facile sarcasm on it. But what else is there to say? It’s outrageous, but it’s not at all surprising. Those who rammed through measures like the USA PATRIOT act not expecting this to come are the worst sort of fools. Those who rammed through those measures not caring whether it came or not are the worst sort of criminals. And my lingering suspicion is that most of the folks in DC are both thoughtless enough, and ruthless enough, to be best described as both.

Everything old is new again.

Here’s how principled conservatives in the Indiana state legislature propose to follow through on the Republican promise of making the government accountable to the people, not the people to the government: a suggested law to require government parenting licenses for people who want to conceive through artificial insemination. Queahs and single hussies need not apply:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

And nothing says small government like government-controlled reproduction and piles of bureaucratic paperwork to manage it all!

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(1) The intended parents’ purpose for the assisted reproduction.

(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.

(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.

(4) A list of the intended parents’ family and friend support system.

(5) A plan for sharing any known genetic information with the child.

(6) Personal information about each intended parent, including the following:

(A) Family of origin.

(B) Values.

(C) Relationships.

(D) Education.

(E) Employment and income.

(F) Hobbies and talents.

(G) Physical description, including the general health of the individual.

(H) Birth verification.

(I) Personality description, including the strengths and weaknesses of each intended parent.

(7) Description of any children residing in the intended parents’ home.

(8) A verification and evaluation of the intended parents’ marital relationship, including:

(A) the shared values and interests between the individuals;

(B) the manner in which conflict between the individuals is resolved; and

(C) a history of the intended parents’ relationship.

(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents’ relationship.

(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.

(11) The intended parents’ child rearing expectations and values.

(12) A description of the home and community, including verification of the safety and security of the home.

(13) Child care plans.

(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.

(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).

(16) A letter of reference by a friend or family member.

(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.

(18) The recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Of course, covenants without the sword are but breath:

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

You can read the whole damn thing, if you’re into that sort of thing.

The proposed bill is the work of State Senator Pat Miller (R-Indianapolis). Here’s what she had to say on its behalf:

Miller said the state often reacts to problems and she instead wants to be proactive on this issue.

We’re not trying to stop people from having kids; we’re just trying to find some guidelines, she said.

She did concede it would stop single people from using methods other than sexual intercourse but said all the studies indicate the best environment for a child is to have a two-parent family — a mother and a father.

Meanwhile, her Republican colleagues recoil in horror at the existence of an unregulated industry:

Sen. Gary Dillon, R-Pierceton, is a member on the commission and said parts of the legislation have valid points. He does have some reservations about limiting the reproductive rights of single people [that’s awful big of him -RG] but quoted the same studies as Miller about the health of a child in two-parent homes.

There’s a concern that there’s no regulation over this whole industry, he said.

You can let Senator Miller know what you think at:

Senator Patricia Miller
(317) 232-9400
(800) 382-9467

Let’s kill this thing dead.

Meanwhile, I’m just waiting with baited breath for some federalist libertarian to come along and tell me how the real evil would be for the federal courts to strike this down on the obvious privacy grounds. Because, you know, it’s not so bad, as long as a state is doing it.

Further reading

• Dr. B.’s Blog 2005-10-05: I Went to Sleep in IN and Woke Up in The Handmaid’s Tale
• Pandagon 2005-10-04: Put down that turkey baster and put your hands in the air so I can see your wedding ring
• feministe 2005-10-04: Holy shit, Indiana

(Links thanks to Marian Douglas [2005-06-07], Lew Rockwell [2005-06-06], and Edmund Burke [1757].)

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who are not posing any serious threat to anyone, in order to make sure that they stay in control of the situation. You already knew that they electrified children and suspected salad-bar thieves; you can also add to the list women who have committed the horrible crimes of driving on a suspended license and going 12 miles an hour over the speed limit, provided that they are (1) Black and (2) talk back to the cops, especially on points of legality. Note that being completely unarmed and doing nothing more dangerous than not getting out of the vehicle promptly on command will not stop them from using a 50,000 volt electric blast to immobilize you with pain two or three times in quick succession. Neither, incidentally, will being eight months pregnant.

This is getting repetitive, so let’s just review:

We already knew that Florida cops were willing to electrify a 6 year old boy and a 12 year old girl with a 50,000 volt blast from a taser. The 6 year old was distraught and threatening to hurt himself (after all, why hurt yourself when you can have a cop immobilize you with pain?); the 12 year old’s crime was playing hooky and maybe being a little tipsy, and the incredibly dangerous imminent threat she posed was that she ran away from the cop and so might have been able to skip school. Back when it happened, I mentioned that the main reaction from the police brass was to review the decision to equip cops with tasers–as if the equipment were the primary problem here. I also mentioned that we might be better served by scrutinizing the paramilitary police culture that we have, in which peace officers are trained to take control of every situation at all times, by any means necessary, and where any notion of proportionality between the possible harm and the violence used to maintain control is routinely chucked out the window in the name of law and order and winning the war on crime.

…

The cops, of course, continue to treat these cases as a P.R. management problem, not a public safety problem created by out-of-control cops. That’s because the cops aren’t out of control; they are doing what cops normally do in our society; we only know about it here because the victims were vulnerable enough that their caretakers were able to get the attention of the newsmedia and the civil courts. We are not talking about a few bad apples here; we are talking about a systematic feature of policing in our society.

— Geekery Today 2005-04-26: Peace Officers

Meanwhile. in Seattle:

Law enforcement officers have said they see Tasers as a tool that can benefit the public by reducing injuries to police and the citizens they arrest.

Seattle police officials declined to comment on this case, citing concerns that Brooks might file a civil lawsuit.

But King County sheriff’s Sgt. Donald Davis, who works on the county’s Taser policy, said the use of force is a balancing act for law enforcement.

It just doesn’t look good to the public, he said.

— Marian Douglas 2005-06-07: Police Taser pregnant woman 3 Times, Just happens to be Black

I’ve been at this for a while with more or less the same analysis applid in each of several different cases (1, 2, 3), so by now I probably ought to at least add a bit by way of a reply to Martin Striz’s complaints. In that direction, let me just say that my main concern here is the paramilitary stance that police forces take toward you and I, and the routine use of extreme violence that that fosters; and that my main difference from Martin has a lot to do with a difference over whether the institutional framework that cops work in is essentially or just accidentally connected with the abuses of power that rampaging cops display every day.

But there’s no need for me to dwell on this point about the hangman State when Edmund Burke already explained it better than I could, back in 1757:

These Evils are not accidental. Whoever will take the pains to consider the Nature of Society, will find they result directly from its Constitution. For as Subordination, or in other Words, the Reciprocation of Tyranny, and Slavery, is requisite to support these Societies, the Interest, the Ambition, the Malice, or the Revenge, nay even the Whim and Caprice of one ruling Man among them, is enough to arm all the rest, without any private Views of their own, to the worst and blackest Purposes; and what is at once lamentable and ridiculous, these Wretches engage under those Banners with a Fury greater than if they were animated by Revenge for their own proper Wrongs. …

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary. …

I now plead for Natural Society against Politicians, and for Natural Reason against all three. When the World is in a fitter Temper than it is at present to hear Truth, or when I shall be more indifferent about its Temper; my Thoughts may become more publick. In the mean time, let them repose in my own Bosom, and in the Bosoms of such Men as are fit to be initiated in the sober Mysteries of Truth and Reason. My Antagonists have already done as much as I could desire. Parties in Religion and Politics make sufficient Discoveries concerning each other, to give a sober Man a proper Caution against them all. The Monarchic, Aristocratical, and Popular Partizans have been jointly laying their Axes to the Root of all Government, and have in their Turns proved each other absurd and inconvenient. In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!

— Edmund Burke (1757): A Vindication of Natural Society