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Martial Law, yo

Posted: Mon Apr 29, 2013 9:10 pm
by TerryB
If the events in Boston elicit horror, if the left-wing response occasions disgust, there are other things that, I think, spark justifiable fear. The increasing militarization of the police in this country has provided grounds for concern for many years. Almost four years ago, Glenn Reynolds wrote an excellent piece on the subject for Popular Mechanics called “SWAT Overkill: The Danger of a Paramilitary Police Force.” More and more police forces, it seems, are like that wacko character on Hill Street Blues who liked nothing better than dressing up in combat gear and assaulting a local malefactor with bazookas.

The so-called “voluntary lock-down” in Watertown — a more appropriate phrase might be “martial law” — offered a chilling spectacle for anyone who cherishes his personal freedom. Remember the Fourth Amendment? That guaranteed that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Yet in Watertown, platoons of heavily armed police in combat gear went from house to house, guns drawn, banging down doors, screaming at people to come out of their own houses with their hands on their head. There were “a lot of big guns pointed at us,” said one Watertown resident. Several news outlets used the word “surreal” to describe this concentrated display of the coercive power of the state. What worries me is not that it is “surreal” but that it is, increasingly, all too real. And to what end? As Matthew Feeeney of Reason pointed out, Dzhokar Tsarnaev was caught after the lockdown was lifted and a homeowner stepped outside for a cigarette and noticed blood on his boat. The shock and awe show of intimidating police force might have made for dramatic TV, but it didn’t get the bad guy. An alert private citizen was the instrument of that coup.

But let me backtrack from fear to disgust for a moment. Mayor Michael Bloomberg, who has never met a freedom he didn’t wish to violate, has said that we need to change our interpretation of the Constitution in light of the the Boston terrorist attacks. I think we need to change our interpretation of the sorts of politicians we elect to safeguard our liberty. I recently wrote an introduction to a new edition of Richard Weaver’s classic Ideas Have Consequences. I began the essay with this epigraph from Weaver:

The past shows unvaryingly that when a people’s freedom disappears, it goes not with a bang, but in silence amid the comfort of being cared for. That is the dire peril in the present trend toward statism. If freedom is not found accompanied by a willingness to resist, and to reject favors, rather than to give up what is intangible but precarious, it will not long be found at all.

The horrible events in Boston last week doubtless have many lessons for us. One of those lessons concerns the “willingness to resist” that Weaver talks about here. Do we, I wonder, still have it?

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 9:11 pm
by TerryB
I'm sure a lot of the residents had assault rifles, ammo, etc

and they didn't do shit

not a single one challenged the police force

...makes you wonder

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 9:19 pm
by Fat Cat
I don't read copy and pastes.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 9:32 pm
by KingSchmaltzBagelHour
I agree whole heartedly with that excerpt you posted, the response to the bombing was little more than Martial Law and it was a tremendous failure in terms of catching the bombers. What it did succeed in was letting all levels of government know exactly how little resistance there will be when reducing or revoking constitutional freedoms.
I'm sure a bunch of people thought "This is bullshit!", but what were those people to do? I think BD said it on here recently that we might not live in a police state (yet) but we sure as fuck live in a prison state. So the cops are rolling down the cul de sac with tanks and armored humvees, what can you do? Sure you can go out with a bang or make a big ass scene, but say good bye to your wife, kids, family and friends FOR LIFE. You'd either just get dropped by Barney Fife with an AR, or locked under some facility and never see the light of day again.
The local news affiliate does a survey on their website every day. One from a couple of days ago was something along the lines of "would you like to see 'crime cameras' in your neighborhood?" 75% of these limp dicked faggots said YES! What the fuck is wrong with people?

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 9:34 pm
by KingSchmaltzBagelHour
Where was that from BTW?

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 9:37 pm
by baffled
Looks like its from this, or at least quotes it: http://pjmedia.com/rogerkimball/2013/04 ... epage=true

If the reports are true that people were forced from their homes during the search, it's quite troubling.

If the other reports are true that the police fired at the boat that little asshole was hiding in before they knew that it was definitely him, that's troubling as well.

I don't know how many other people it could have been, but I'm of the mind that if the police are about to light someone up, they may want to be sure they're firing at the right person.

See: the Dorner manhunt and those two paper delivery ladies or whatever they were. http://www.latimes.com/local/lanow/la-m ... 8708.story

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 10:10 pm
by TerryB
ButterCupPowerRanch wrote:
I'm sure a bunch of people thought "This is bullshit!", but what were those people to do?
Exactly. What are you going to do with your thousands of rounds of ammo? Nothing. And even if you do, very very few will join you and you will be done before too long.

The reality is, the ONLY serious solution is using the system of checks and balances: file a lawsuit challenging the actions of the State.

You guys busy buying bullets and ARs should be busy reading books and getting law degrees. That's how things are truly resolved in situations like this. Not as macho I guess though, so keep training BJJ and talking shit at the local gun range.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 10:11 pm
by TerryB
baffled wrote:I don't know how many other people it could have been, but I'm of the mind that if the police are about to light someone up, they may want to be sure they're firing at the right person.

See: the Dorner manhunt and those two paper delivery ladies or whatever they were. http://www.latimes.com/local/lanow/la-m ... 8708.story
But this was serious business!!

Cops are dumb. They get riled up and want to shoot someone. It's their handlers who should know better.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 10:18 pm
by Blaidd Drwg
protobuilder wrote: The reality is, the ONLY serious solution is using the system of checks and balances: file a lawsuit challenging the actions of the State.

You guys busy buying bullets and ARs should be busy reading books and getting law degrees. That's how things are truly resolved in situations like this. Not as macho I guess though, so keep training BJJ and talking shit at the local gun range.

Ouch but more than a little true.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 10:56 pm
by Pinky
baffled wrote:If the other reports are true that the police fired at the boat that little asshole was hiding in before they knew that it was definitely him, that's troubling as well.
What's more troubling is that no one gives a flying fuck about the reports, or the fact that the Boston PD effectively put a city under house arrest for a day. There's a video that allegedly shows one of these house searches, but the media don't care. They won't look into it authenticity, or demand an explanation. They'd rather replay an interview of the bombers' mother for the 20th time than actually question the actions of officer Magnum McDonut.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:07 pm
by Turdacious
protobuilder wrote:I'm sure a lot of the residents had assault rifles, ammo, etc

and they didn't do shit

not a single one challenged the police force

...makes you wonder
Why challenge the police force when all they do is mildly inconvenience you? They came out in force, people felt safer, no citizens got hurt because of police action-- what was the problem?

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:12 pm
by Blaidd Drwg
Turdacious wrote: They came out in force, people felt safer, no citizens got hurt because of police action-- what was the problem?
Pinky wrote:Boston PD effectively put a city under house arrest for a day. There's a video that allegedly shows one of these house searches, but the media don't care. They won't look into it authenticity, or demand an explanation.
I'll go further and say they effectively declared martial law and suspended the 4th Amendment.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:13 pm
by Turdacious
Blaidd Drwg wrote:
protobuilder wrote: The reality is, the ONLY serious solution is using the system of checks and balances: file a lawsuit challenging the actions of the State.

You guys busy buying bullets and ARs should be busy reading books and getting law degrees. That's how things are truly resolved in situations like this. Not as macho I guess though, so keep training BJJ and talking shit at the local gun range.

Ouch but more than a little true.
Except it isn't. They are simply spending the federal money available for buying that equipment because it's what the federal grants pay for. Supply and demand-- lawsuits won't dry up federal grant money.

As long as the cops ensure that crime is kept in poorer neighborhoods, like they've always done because it's what they're paid to do, they are doing their jobs.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:14 pm
by Turdacious
Blaidd Drwg wrote:
Turdacious wrote: They came out in force, people felt safer, no citizens got hurt because of police action-- what was the problem?
Pinky wrote:Boston PD effectively put a city under house arrest for a day. There's a video that allegedly shows one of these house searches, but the media don't care. They won't look into it authenticity, or demand an explanation.
I'll go further and say they effectively declared martial law and suspended the 4th Amendment.
And followed 200 and some odd years of precedent in the process. Boston is not in the 9th Circuit's jurisdiction, so not like they have a lot to worry about.

We wanted an overwhelming but temporary show of force. No citizens were seriously harmed, only the criminals. They were fulfilling their duty. Clumsy? Maybe. Effective? Absolutely.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:16 pm
by Blaidd Drwg
Are you actually arguing that this is legal?

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:17 pm
by Turdacious
Blaidd Drwg wrote:Are you actually arguing that this is legal?
Two centuries of barely challenged precedent suggests that.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:23 pm
by Turdacious
Boston-- did it right
LA-- not so much.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:28 pm
by Blaidd Drwg
Turdacious wrote:
Blaidd Drwg wrote:Are you actually arguing that this is legal?
Two centuries of barely challenged precedent suggests that.
Scheuer v. Rhodes -1932
Sterling v. Constantin-1974

The authority to impose Martial Law by a governor is not settled.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:39 pm
by Turdacious
Both involved martial law, and the activation of state military forces (i.e. the National Guard) to support it. This was largely a matter handled by local police, ostensibly handled in coordination with state and federal law enforcement, and most likely the DOJ. The cases you cite weren't handled this way.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:40 pm
by Blaidd Drwg
Turdacious wrote:Both involved martial law, and the activation of state military forces (i.e. the National Guard) to support it. This was largely a matter handled by local police, ostensibly handled in coordination with state and federal law enforcement, and most likely the DOJ. The cases you cite weren't handled this way.

and you think the authority to do this is settled? Jesus Tits. Not even close. What's worse is you think it's A-OK.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:43 pm
by Turdacious
Blaidd Drwg wrote:
Turdacious wrote:Both involved martial law, and the activation of state military forces (i.e. the National Guard) to support it. This was largely a matter handled by local police, ostensibly handled in coordination with state and federal law enforcement, and most likely the DOJ. The cases you cite weren't handled this way.
and you think the authority to do this is settled? Jesus Tits. Not even close.
Of course it isn't. But since no citizens were materially harmed (fuck me, I'm sorta talking like a lawyer), precedent seems to suggest Boston PD dun good. This isn't low hanging fruit.

Re: Martial Law, yo

Posted: Mon Apr 29, 2013 11:52 pm
by Blaidd Drwg
I'm not sure everyone held at gun point during these raids would find your "no harm no foul" 4th Amendment exception so ironclad.

Exigent circumstances is probably one of the more frequently challenged elements of the 4th Amendment exceptions. The fact no one has challenged it in court yet in this case has more to do with collective shock at the bombing than collective trust in system.

Re: Martial Law, yo

Posted: Tue Apr 30, 2013 1:26 am
by JimZipCode
Blaidd Drwg wrote:I'm not sure everyone held at gun point during these raids would find your "no harm no foul" 4th Amendment exception so ironclad.
Exigent circumstances is probably one of the more frequently challenged elements of the 4th Amendment exceptions. The fact no one has challenged it in court yet in this case has more to do with collective shock at the bombing than collective trust in system.
I would assume that the state has no right to prosecute any crime that it uncovers this way. If the police force you out of your house, and you were busy torturing some waitress you chloroformed and dragged into your car the night before, then you just get away with it. They have no right to use any evidence that they uncovered this way.

Right?

Re: Martial Law, yo

Posted: Tue Apr 30, 2013 1:35 am
by Turdacious
Blaidd Drwg wrote:I'm not sure everyone held at gun point during these raids would find your "no harm no foul" 4th Amendment exception so ironclad.

Exigent circumstances is probably one of the more frequently challenged elements of the 4th Amendment exceptions. The fact no one has successfully challenged it in court yet in this case has more to do with collective shock at the bombing than collective trust in system.
Fixed. I'm assuming, given your posting history, that you're talking about the bigger picture, not just the bombing. So am I.

Re: Martial Law, yo

Posted: Tue Apr 30, 2013 3:39 am
by Blaidd Drwg
Turd, your obliqueness is staggering in it's breadth. Kudos.