Your honor, we think he may soon be breaking a law!

Orin Kerr of the Volokh Conspiracy (recently back from a long hiatus while he clerked in Federal Court) discusses the new hotness in Fourth Amendment jurisprudence: anticipatory warrants.

In a nutshell, if the police think you might have broken the law in the past, and may soon break it again, the 9th Circuit Court has decided that they may get a search warrant that they may exercise only after they think a crime has occurred. As Kerr notes,

the whole point of a warrant requirement is to have a neutral magistrate decide when probable cause exists. The decision to authorize the search is up to the judge, not the police officer. The addition of a condition precedent delegates that decisionmaking authority to the law enforcement officer, at least in part. Because the officer decides when the triggering event has occurred, the probable cause determination is no longer made entirely by the neutral magistrate.

Speaking as a layperson, that sounds right to me. The police and judiciary are two separate things, or so the opening credits to "Law & Order" tell me, and the lines between them are there for very good reasons. Correct me if I'm wrong, but if the authority to decide when probable cause exists resides even partly with the police, then the police are the final arbiters of order and law, and the courts risk becoming a rump, weakened in their ability to constrain police power. Eww.

Posted by Johno Johno on   |   § 3

Catching a later clue-train

Various news sources are reporting today that President Bush is planning to accept two of the main recommendations made by the 9/11 Commission, namely the creation of a national head of intelligence and the establishment of a counterterrorism center to track specifically terrorist threats.

Great ideas! Several years too late, but great ideas. As a small-government liberal walking oxymoron, I tend to distrust the creation of cabinet-level positions (can we axe HUD, Labor, and Homeland Security tomorrow?), since the immediate problems they are meant to cope usually subside within a couple decades leaving the attendant bureaucracy hanging around like a very expensive third nipple. The Department of Labor, for example, was probably years too late in coming when it was established in 1913, since widespread labor unrest, internal labor-force migration issues, and worker-safety problems were decades-old bugbears at that time. But nearly a hundred years later, with its major work done, couldn't the office be retired and its important continuing operations (such as labor standards and worker safety or government contract administration) be folded into Interior or HHS?

By this same token, although the creation of a cabinet-level internal intelligence position made sense in the dark days of 2001, it is ultimately a bureaucrat's solution to the problem. Who but a bureaucrat could decide that the best way to cut down on bureacratic inefficency is to create a whole new, bigger org chart? Nothing against Tom Ridge, who has done as good a job as anyone probably could in a terribly difficult job, but everything the public sees about the Department of Homeland Security from the very name of the thing down to the street-level antics of the TSA and the constant gestures toward total surveillance is, so far, a crass and unfunny joke.

In my humble and fully-informed-by-hindsight opinion, what's being done now should have been done in the first place, leaving faintly ridiculous discussions of "Homeland" out of it. (side note: homeland. My "homeland," technically speaking, of NE Ohio, is already perfectly well defended by the tens of thousands of private gun owners. My "homeland" of Massachusetts is equally so. We're not all peace-loving Kucinich voters here.)

Of course, this brings up a question. Last night I saw on the news that the President doesn't want to make the "Intelligence Tsar" a cabinet post, because the office will need to remain independent from White House influence. Great idea, and good on W for taking that step. However, being the good tinfoil hatter I am, I would also like to see some concrete and simply worded language blocking this new office from becoming an American NKVD. (n.b. I didn't say Gestapo on purpose.) Many Americans distrust government authority when it shows up on their Main Street, and the last thing we need is another reason to keep that up.

Posted by Johno Johno on   |   § 4

Tom Ridge feat. DJ Orange Alert

Tom Ridge shows us how high Orange actually is on the deep-shit-o-meter. Given that all I've seen from Homeland Security so far is a) flailing 2) absurd and incompetent behavior from gubmint-hired security goons, iii) expensive turf warz between warring bureaucrats, and IV) the arrest of Cheech Marin for threatening a nation of millions with a hollow glass objet d'art, I guess I've gone a little funny in the head. When I look at this photo, I see a man inspired to bust a wack rhyme.

image
911 is a joke we don't want 'em
I call a cab 'cause a cab will come quicker
The doctors huddle up and call a flea flicker
The reason that I say that 'cause they
Flick you off like fleas
They be laughin' at ya while you're crawlin' on your knees
And to the strength so go the length
Thinkin' you are first when you really are tenth
You better wake up and smell the real flavor
Cause 911 is a fake life saver

So get up, get, get get down
911 is a joke in yo town
Get up, get, get, get down
Late 911 wears the late crown

[wik-wik-wack] Patton reminds me that it was Tommy Chong who got busted for glassblowing, not erstwhile partner Cheech Marin. Must be the Robitussin talking.

Posted by Johno Johno on   |   § 2

Perfectly Safe

As a stopgap before I resume regular posting, peep this item, found via Norbizness. Gov. Jeb ("X") Bush has assured Florida voters that Diebold, maker of Florida's new paperless touchscreen voting machines, is a wonderful corporation fully deserving of Florida voters' complete and utter trust. Funny thing, the Florida Republican party recently sent out a huge mailing to its list arguing the following: "the new electronic voting machines do not have a paper ballot to verify your vote in case of a recount. . . . Make sure your vote counts. Order your absentee ballot today."

Yes, Governer X. It's safe. Safe as houses. So safe, in fact, you should insist that your supporters only use Diebold's Lean Mean Knock Out The Chads Voting Machine when casting their votes for you and the big brother who used to score you your blow. Accept no substitutes.

My name is Johno, and I approved this message.

Posted by Johno Johno on   |   § 1

Dark Sarcasm or 4-Star Daydream?

Chronically underemployed former Floydian Roger Waters has finally weighed in on the Israeli-Palestinian issue. Not surprisingly, he is against Israel's wall.

Waters and a group of communists, fellow travelers, and "artists" have signed a smaller version of the wall, which will tour the UK garnering signatures. The final garaffiti-ed structure will be presented as a petition at the tour's completion.

In addition to his signature, Waters' wrote- in an extraordinarily unclever moment- "We Don't Need No Thought Control". The comment is clearly supposed to connect this wall with The Wall although I'm not sure what one has to do with another. What does this Israeli project have to do with post-war Britain's educational system? Will the defensive wall drive nascent Palestinian rock stars mad?

It's like the promoters of this project brainstormed which celebrities they could get behind them..."If only there was someone with big-name recognition who had SOMETHING to do with a wall yet had nothing better to do..." *fingers snap* "Hey, wait a minute..."

Posted by GeekLethal GeekLethal on   |   § 0

One Thing not to Brag About in the Joint

Even though this wholesome citizen didn't die perpetrating the crime, he is nevertheless on the fast track to improving our gene pool.

For the rest of us, call it a life lesson learned well: keep your head in the bus window; don't eat the big white mint; and don't try and pull an armed robbery at the gun store.

Posted by GeekLethal GeekLethal on   |   § 0

... and the Lines on the Map Moved From Side to Side

In a recent Pentagon press conference, Army Chief of Staff General Peter Schoomaker discussed the new challenges faced by the modern Army and some of the steps being taken to overcome them.

Here's the short version: 30,000 more soldiers and some new org charts.

I've been out of the Army for a long time and never served in combat. While I do take an interest in Army issues, my opinions are those of a grabastic civilian and colored by the sepia tones of old memories and forgotten hardship. But as best as I can tell, I see alot of problems with the modern force.

For starters, the Army spends too much time playing with org charts, and producing paper, and encouraging Powerpoint Rangers, than on ugly gritty reality of combat as reflected through training. This was true even in my time, and the proliferation of powerful computers and software has magnified the problem. A friend once joked that if we really wanted to be rid of the Iraqi army, just drop them some laptops with Powerpoint and let nature take its course- they'd be crippled with busywork in a matter of weeks.

I know that the Army is serious, in theory, about training as we fight. And I know that the NTC, CMTC, Grafenwoehr, Wildflecken, etc etc are truly ugly gritty places. I mean, it literally doesn't get grittier than having to shit in a hole scratched out of the desert floor, and it doesn't get uglier than training so hard that real people get really killed (Businessweek, 28OCT02 reported 2,487 deaths from accidents, across all service branches, from 1990-92). The Army goes to great expense to make its training areas and scenarios as realistic as possible.

I think the bigger problem is at the basic training level, when recruits are first taught the fundamentals of soldiering. When I took basic training my unit spent about 3 weeks out of 8 on basic rifle marksmanship, or BRM. So even though we were taught about Bastogne, and told that every soldier is an infantryman first, we spent less than half our training time learning marksmanship, the fundamental skill of the infantryman. Since then, there is less effort to demonstrate the mental challenges that come from being under duress, ie by screaming and yelling at trainees. Training units are co-ed. New soldiers take diversity and sensitivity training. All told, there should be alot more emphasis on the shooty bits, and a lot less on soldiers' feelings about it.

And that all feeds into General Schoomaker's plans for Army restructuring. He wants to oversee turning a relative few heavy Army divisions into a few dozen independent brigades, and there's something to be said for that. He wants more soldiers across the board, to better staff those units and make deployments easier all around, and that makes sense.

But until the Army goes back into the business of training warriors, drawing out new soldiers' nascent martial instincts from day one, the good General's reorganization is simply a logistics exercise.

[wik] This bit from Stars and Stripes explains a little more clearly what General Schoomaker has in mind. He doesn't want to break up divisions into beefier component brigades, but create 15 or so entirely new units, manned with his 30,000 more troops.

But then came this quote, and I see what the problem may be in attempting communication with the general. I'm totally lost in the haze of pronouns:

“This war, as unfortunate as war always is, provides momentum and focus and resources to transform that you might not have outside of this,” Schoomaker said. “And what we are able to do, as we rotate forces, as we reset them, is this momentum and focus allows us to reset them for the future, not reset them as they were in the past. And so this has given us a great forcing function to allow us to do it.”

Clear as an azure sky!

Posted by GeekLethal GeekLethal on   |   § 3

Absence

Once again I feel called upon to explain my extended absence from this forum, a condition which I am sure has been met with wails of grief, peals of anguish, and a sharp rise in sackcloth 'n' ashes futures (Invest now! Limited time!). Well.

A sharp uptick in labor-related time committments coupled with a double-secret Ministry mission to the great state of Ohio to visit the Briarhopper Central Depository for Perfidy (Kent State Branch) has pulled me out of the great electronic whirlpool with butt-massaging jets of the internet for the short future, so sorry Charlie.

Also, I'm sick of yammering about politics and only want to write about music, history, and giant fighting space robots. Unfortunately most of that work is classified, so, once again, an apology to the entirely theoreticial and iconic Charlie.

We now return you to our regularly scheduled programming. Tune in later this week when, in a fit of perversity, I will be blogging the Democratic National Convention from my home twenty miles outside Boston. Why make yourself a target when all the facts and opinions I want can be made up out of my own head, I always say.

Posted by Johno Johno on   |   § 3

Franken More Boring Than Baseball

So there was a Red Sox game on the radio the other day, which means I had no Howie Carr to listen to on the drive home. The only thing more mind-numbingly boring than watching baseball on television is hearing it on the radio. My back up in such instances is to listen to Sean Hannity, who I can stomach in small doses, until he mentions God one time too many or plays an awful song and it sets my teeth on edge, and it's about that time in the drive that I lose reception anyway.

But this time was different. I switched over to hear Hannity, and found the same baseball game on THAT station (grrrrr). I started scanning, and found that a local station was broadcasting the Al Franken Show. Last I knew no one in the area had it, so I was surprised. And I listened for about 40 minutes.

I was shocked to hear something more boring than baseball.

First of all, the woman Franken's with comes across like a total bonehead. Not quite as annoying as more famous insufferable sidekick Robin Quivers, but not half as entertaining either. But more importantly, Franken had no chops. He had the "Bush lied!" bit down, but that's hardly original, or even interesting. The focus of the segment I heard was alot of tape from Bill O'Reilly and Rush Limbaugh, taken (presumably) from recent shows. He was trying to refute specific things each had said or claimed. You might think that would be worthwhile to hear, you know, refuting the haters point by point, but it wasn't.

Franken was the sonic equivalent to the old Saturday morning PSAs about reading and pollution and crying Indians. Sounds like it should have something behind it, but it's just more background noise. I should care about it, but its sandwiched between cartoons so how serious can it be? Franken is sandwiched between other hippy-friendly programming, so how seriously can I take him?

I think Al missed the point of this whole thing. People respond to right wing bombastic broadcasting because it's entertaining. Not for the insight into politics listeners get, but for the entertainment they get. Franken went into this equal parts debate team captain and "Bu$h Lied" giant puppet head driver, and it fell completely flat for me.

I'd expected more from a comedy writer.

Posted by GeekLethal GeekLethal on   |   § 4

A New Industry is Born

It's finally happened! After years of delays, the Light Sport Aircraft regulations have finally been published by the FAA. Light Sportplanes are small, two-seat planes with significant limits on engines, payload, and gross weight. They have very low stall speeds, are comparatively easy to fly, and are dramatically less expensive than conventional certified aircraft.

With any luck this will usher in a new age of innovation in the small aircraft business, and make flying much more affordable for members of the general public. American kitplane manufacturers have been doing fantastic design work for a long time now, but have never been able to sell their creations in finished form to the public, who will now be able to buy at least some of them. The market so far has been occupied by European companies, whose aviation regulations permitted the "advanced ultralight" designation.

Aero-News has a good summary.

It's nice to see the jobs being created, and the cost of flying lowered.

Posted by Ross Ross on   |   § 0