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Posts from 2007

“It was a different time,” or: moral standards, part 2

At Distributed Intelligence 2007-08-06, Andrew Perraut has an interesting post considering the atomic massacre at Hiroshima in light of just war theory. He argues:

I’m not sure how anyone could argue that this was clearly justified, [as claimed elsewhere by Bruce Bartlett] since it seems, rather, prima facie unjust in the absence of strong countervailing reasons to drop the bomb. If the very existence or sovereignty of the United States would have been compromised by not destroying Hiroshima, perhaps that would be enough, but was that the case? And was it the case that only by deliberately targeting the civilian population we could save ourselves? The second questions is the most important, and most defenders of the decision gloss over it, because there isn’t a good answer. If detonating Fat Man over an isolated military installation would have convinced the Japanese government to surrender, Hiroshima looks less like a military/scientific triumph and more like a war crime.

— Andrew Perraut, Distributed Intelligence (2007-08-06): Hiroshima and Nuclear Weapons

I’d add only that, all things considered, I can’t possibly see how the very existence or sovereignty of the United States is worth a damn compared to the lives of 140,000 innocent people. How many real, individual people could be killed or maimed or otherwise ruined in the name of preserving the lines and colors on a map? If the only way to preserve the United States were the unprovoked, deliberate killing of hundreds of thousands of innocent people, then I’d say that the lives of those people are infinitely more important, and the abstract entity known as the United States properly ought to die.

That said, I’d like to turn my attention to the comments. A commenter named Michael says something very odd in his reply:

That’s not to justify it morally. But, looking at the time, World War II was so brutal and bombing was simply the allied answer to Axis atrocities on the ground and at sea. The firebombing of Dresden and Tokyo, as thorough as the destruction of Hiroshima and Nagasaki attest to this. It was a different time and the traditional rules of war had been largely thrown out the window (interestingly we still observed proper treatment of POWs even then).

Of course, it was a different time in 1945. But Hiroshima happened only 62 years ago. This kind of argument might get some kind of grip if we were talking about an event so long ago that it happened in a radically different civilizational context — say, 600 or 6,000 years ago. I would still find it bogus, but I could understand where the arguer was coming from. But we are not even talking about that. We are talking about something that happened within living memory. Paul Tibbets, the man who flew the Enola Gay, is still alive today. Thomas Ferebee, the man who actually dropped the atomic bomb on Hiroshima, died only 7 years ago. As of March 2005, Tibbets expressed no remorse over his acts, saying If you give me the same circumstances, hell yeah, I’d do it again. Sure, time is always passing and things are always changing. But just how soon in the past does something have to be for the war apologists of the world to allow plain old straightforward moral evaluation of the act or the people involved in committing it? Are we next going to throw up our hands about My Lai, or Abu Ghraib, or something that happened last Thursday, on the grounds that It was a different time?

Further reading:

8:15 AM, August 6th, 1945. Hiroshima, Japan.

Here is a pocket watch, stopped at 8:15am.

This pocket watch belonged to Kengo Nikawa, a 59-year-old civilian worker living in Hiroshima, Japan. A gift from his son, Kazuo Nikawa, the watch was one of his most precious belongings. It is stopped at 8:15 A.M., the time at which an atomic bomb exploded about 200 yards over his home-town, Hiroshima, Japan.

This is one of the artifacts featured today at Dulce Et Decorum Est: 2007-08-06, in memory of the American government’s deliberate massacre of about 140,000 civilians in Hiroshima 62 years ago today. As far as I am aware, the atomic bombing of the Hiroshima city center, which deliberately targeted a civilian center and killed over half of the people living in the city, remains the deadliest act of terrorism in the history of the world.

Further reading:

The Show Pony

Last week I posted about this recent case in Oregon, in which the narcs — bullies by profession and liars by trade — decided to seize some evidence of drug sales between consenting adults, without a warrant, by ramming a car and then stealing it off the street:

In a strongly worded order last year, U.S. District Court Judge Robert Whaley tossed out evidence seized from a car driven by Ascencion Alverez-Tejeda, charged with three felony counts of distributing cocaine and methamphetamine in Eastern Washington for a Mexican drug ring.

On June 8, a three-judge panel of the 9th U.S. Circuit Court of Appeals overruled Whaley, ruling that the search was legal but expressing reservations about the ruse used by the region’s Drug Enforcement Agency.

The case includes grand jury testimony that DEA agents have used similar tactics on other occasions — raising questions by judges and defense lawyers about how far law enforcement officers can go to mislead suspects and act without a warrant. The DEA, which waited three days after the seizure to get a search warrant, is defending the conduct of its agents.

In his April 2006 order, Whaley said the DEA engaged in shocking and outrageous conduct and committed criminal acts against Alverez-Tejeda, 35, who was living in Irrigon, Ore., and Diana Maria Volerio-Perez, his 30-year old girlfriend, when they were detained and searched without a warrant on Dec. 18, 2004.

In that incident, DEA agents staged a car accident near Redmond, Ore., ran a truck into the car Alverez-Tejeda was driving, pretended to be Deschutes County Sheriff’s deputies and drove off at high speed in Alverez-Tejeda’s car while falsely telling him it had just been randomly stolen.

As a result of the bogus theft of their car, the couple became victims of a crime, Whaley said.

The agents’ actions violated the Fourth Amendment and so tainted the case that drug evidence — two kilograms of cocaine and three pounds of methamphetamine — later found in the car should be suppressed, Whaley said.

U.S. Attorney James McDevitt filed an appeal on May 5, 2006, which stayed the case until the ruling earlier this month.

Now that the 9th Circuit has overturned Whaley’s order, a trial for Alverez-Tejeda will be scheduled.

— Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

The Spokesman-Review story has a lot more on the details of the case. I mention it here, though, because it alerted me to this:

In oral arguments in Seattle in April, a three-judge panel of 9th Circuit judges peppered U.S. Attorney Russell Smoot of Spokane with questions as he argued that the agents’ tactics were reasonable.

This is the Keystone Cops case, said 9th District Circuit Judge Alex Kozinski, calling the agents’ ruse a hairbrained scheme.

But Kozinski, writing for the panel, said the ruse was not unconstitutional.

The agents’ actions were reasonable in light of their vital interest in seizing the drugs and not exposing their investigation, Kozinski wrote.

— Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

Please note that the author of the majority opinion here is Judge Alex Kozinski. When he’s not busy writing opinions giving the narcs King’s X to cause auto collisions, impersonate local police officers, use their assistance to collision victims as a pretext for stealing cars, and all without a warrant of any kind, Judge Kozinski gives interviews to Reason magazine, who described him, not so long ago, as one of the most libertarian judges in the country.

Were you counting on the courts to uphold even minimal protections for civil liberties? Don’t.

Law enforcement

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who pose no serious threat to anyone. People who complain about this kind of rough handling are treated like trash, as if any level of intimidation and violence whatsoever were obviously legitimate, and the victims are to blame for provoking whatever they get. Cops in America are also professional liars. They lie to obtain confessions; they lie to obtain consent for searches; they lie to intimidate; they lie to lull people into a false sense of security. They also lie repeatedly and extensively to carry on investigations, which is constantly necessary in the effort to enforce drug laws: since the so-called crime of selling and using drugs involves only willing parties, there’s no victim to file a complaint, so narcs have to lie and pose and infiltrate in order to even discover where drugs are being sold and by whom.

In La Pine, Oregon, here is how the DEA and the local narcs recently worked together to seize evidence from two people for a federal drug case without identifying themselves as cops, affording any opportunity to consult a lawyer, or even going so far as to get a warrant or talk to a judge.

On December 18, 2004, Ascension Alverez-Tejeda and his girlfriend were stopped at a traffic light near La Pine Oregon, and when the light turned green, the car in front of them stalled. Alverez-Tejeda stopped in time but a pickup truck behind him rear-ended him. When he got out to look at his bumper, the police showed up and arrested the truck driver for drinking and driving. The cops then convinced Alverez-Tejeda and his girlfriend to go to a nearby parking lot, ordered them out of their car and into in the back of the cop car for processing. While they were in the cruiser, a person jumped in their car and took off. The cops ordered the pair out and set off in full pursuit up the road. A few minutes later, the stolen car comes flying back down the road with the police cruiser in pursuit. The pursuing officer returns alone with the woman’s purse, telling the duo that the carjacker thrown it out the car window and escaped. The woman is so upset she hurls and the police put the distraught couple up in a motel.

But it was all a set up worthy of David Mamet. DEA agents were tracking a drug gang and had bought drugs out of the car months earlier, though not when Alverez-Tejeda was there. Using wiretaps and surveillance, the DEA learned that Alverez-Tejeda was using the leader’s car to transport illicit drugs. The agents then decided to stage something, perhaps even a carjacking, in order to seize the drugs without tipping off the conspirators. They never consulted a judge, but every person in the story, other than Alverez-Tejeda and his girlfriend, was a cop of some sort.

Once they got the car, the agents got a search warrant without telling the judge about the caper and seized cocaine and methamphetamines, as well as property belonging to Alverez-Tejeda and his girlfriend.

— Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

And here’s what happened when they took this evidence to court:

The government indicted Alverez-Tejeda but the district court in Washington found that the caper violated the Fourth Amendment, thus making the drugs inadmissable in court. The government appealed.

The Ninth Circuit Court of Appeals overturned the lower court’s decision Friday, finding that this police escapade was legal since the cops had probable cause already to seize and search the car, thanks to the vehicle exception to the Fourth Amendment created by the courts during the War on Drugs. Therefore, the court found, the police are allowed much latitude in how they seize the car and arrest the driver. The tap was considered only a minimal use of force, and the fake chase wasn’t considered to have put any civilians lives in danger.

The government here certainly had important reasons for employing this unusual procedure in seizing the car. First, the agents wanted to stop the drugs before they reached their ultimate destination — a patently important goal. Second, they wanted to protect the anonymity of the ongoing investigation — another vital objective.

— Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

To recap, two people who did absolutely nothing to violate anyone else’s rights or hurt anyone against their will, had their car rammed and then stolen. The narcs knew about the deliberate ramming and the theft but they lied about them–because, after all, they ordered them. They used this lie to seize property and obtain evidence without giving their victims any chance to assert their rights (since they were lied to, they had no idea that a search or seizure was even taking place), and without obtaining a warrant or submitting to judicial oversight of any kind. The narcs feel that they need to be able to do this kind of thing in order to do their jobs effectively, since snitch anonymity, which actually has nothing to do with privacy and everything to do with systematically lying about who they are and what they do, is an essential tool in their efforts to lock harmless people in cages for the next several years of their lives. The Ninth Circuit Court of Appeals, meanwhile, stands by and smilingly waves them on, once again under the excuse of necessity.

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.

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

So who are the real criminals here?

Dr. Anarchy’s Dictionary: Femapsychosis

Femapsychosis, n. – a personality disorder characterized by grandiosity, narcissism, and an acute break from reality in the face of natural disasters. A femapsychotic often believes that he or she is the only one who is capable of saving thousands or even millions of people, and cannot conceive that anyone would not want or would not need his or her help. They create and fixate on plans, believing that the only way to help any individual person in a disaster area is to create and enforce a one-size-fits-all plan to cover every person affected. This fixation can become violent, sometimes leading to roadblocks and preemptive attacks on anyone who intends to offer help to individual victims of the disaster outside the scope of the plan.

For a case study, see the remarks by Ron, John, Jammer, and Dan T., in a Hit and Run thread on Kansas Mutual Aid and the Greensburg relief efforts, for example: 1, 2, 3, 4, 5, and 6.

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