Nine Observations on the Westminster Attack

On March 22 at 14:40 GMT, Khalid Masood, 52, drove a Hyundai Tucson vehicle into pedestrians on Westminster Bridge in London, killing three and wounding over 40 others. The vehicle then crashed into the railings outside the Houses of Parliament. Masood exited the vehicle, entered the grounds of New Palace Yard, and fatally stabbed an unarmed police officer. Armed police warned Masood, then fatally shot him. In response, Parliament was placed on lockdown and later closed for the day. The National Assemblies in Scotland and Wales suspended proceedings. Nine observations on this event follow.

1. Security personnel should not be unarmed. Matters of violence are generally decided by who is more able and willing to use force. As it was, the attacker brought a knife to a fight without guns, giving him a strong advantage that he used to terrible effect. If Officer Keith Palmer had been carrying a firearm, he could have stopped Masood before he got close enough to use his knife, as the armed police who arrived later did.

2. Citizens should not be unarmed. In the United Kingdom, access to firearms by private citizens is regulated by strict gun control laws. But criminals are defined by the fact that they disregard laws. As such, the only people who would have a gun in a legally disarmed society would be government agents and criminals (but I repeat myself). Had someone on the bridge been armed, they could have stopped Masood at some point before he reached the railings outside of the Houses of Parliament. Gun control did nothing to prevent the Westminster attack, nor will it do anything to stop the next attack. The politicians prefer it this way, of course; a well-armed populace has little need for the state to protect them and is much harder for the state to victimize.

3. Government prison systems do a poor job of rehabilitation. Masood had a lengthy criminal record, beginning with an arrest for criminal damage in 1983 and ending with knife possession in 2003. His convictions include assault with grevious bodily harm, possessing offensive weaponry, and public order offenses. A better criminal justice system may have been able to reform him, but the government penal institutions certainly failed to do so. In fact, the opposite occurred, as it was reported that Masood converted to Islam while in prison. Spread of Islamic radicalism in prisons is a known problem.

4. ISIS may be lying. In a tweet, ISIS’s Amaq News Agency said, “A soldier for the Islamic State carried out the operation in answer to calls to target the people of coalition states.” But it is in their interest to claim responsibility regardless of whether Masood had any connection to or drew any inspiration from ISIS, as doing so helps them to maintain relevance and prestige. Home Secretary Amber Rudd cast doubt over whether Masood was affiliated with ISIS, and analysts monitoring ISIS point to the lack of biographical information and operational specifics in the ISIS statement suggest a lack of direct involvement.

5. Islam is incompatible with Western civilization. Contemporary Western values include separation of church and state, equality before the law, and rational skepticism. All of these values are largely absent in the Islamic world. The reason that the West has these values is that a great amount of blood was spilled over their recognizance and defense. The Islamic world has yet to undergo the sort of reformation that Western society underwent, and the Quran is particularly hostile to the aforementioned innovations of the West.

Whereas immigrants from Eastern Europe to Western Europe or from Central America to the United States have different customs and traditions, they do have similar (though corrupted) legal and political systems. This makes those immigrants functional within the established systems, even if not as functional as the current populations. Muslim immigration, on the other hand, involves people who support a competing and adversarial worldview. Note that large percentages of Muslims wish to live under Sharia instead of Western common or civil law systems.

6. Preventing vehicle attacks before they start is likely impossible. There have been several incidents in which terrorists have driven vehicles into crowds of people, such as Nantes in 2014, and Nice and Berlin in 2016. Carrying out such an attack is far easier than other methods, in that there is no need to manufacture explosives, acquire arms and ammunition, or engage in multi-stage plots such as hijacking airplanes and crashing them into targets. Given that a terrorist could stay out of sight of the authorities, as Masood did after leaving prison in 2009

7. Successful attacks inspire copycats. One day after the Westminster attack, a French national of North African origin attempted a similar attack in Antwerp, Belgium. The vehicle was intercepted before it could hit anyone. Inside, police found bladed weapons, a riot gun, and a container filled with an unidentified liquid. The Westminster attack was itself carried out on the one-year anniversary of the Brussels bombings. As many attacks are attempted on anniversaries of previous successful attacks, it would be wise to increase security measures on those days.

8. Terrorist attacks make sense in a democracy. A system which does not grant the public a political voice, such as absolute monarchism or anarcho-capitalism, gives terrorists far less reason to kill members of the public, as there is little need for the monarch or the private landowners to listen to whatever calls for action that such an attack may prompt from the public. Conversely, a democratic system politicizes the masses like no other. It explicitly codifies the idea that everyone who is allowed to vote has some degree of political power. This means that targeting civilians becomes useful for promoting political change, both in the form of denying the vote to those who are killed and in the form of coercing the survivors toward a terrorist’s desired political changes. Furthermore, the voters are viewed by the victims of a state’s foreign policy as bearing responsibility for the crimes committed against them by agents of that state, thus causing terrorists who are motivated by vengeance to target civilians. For fringe elements of a society, voting will probably never get them what they want, as they simply lack the numbers to accomplish anything. But terrorism allows them to compensate for this by voting for their extremist causes multiple times over all of the elections that their victims would have otherwise lived through and voted in. While we cannot abolish terrorism by abolishing democracy, it would be a step in the right direction.

9. We should not expect anything to change unless we make it change. Through terrorist attacks in Orlando, Brussels, Paris, and Beirut, the response has generally been for people around the world to hashtag “Pray for Wherever” on Twitter, change their Facebook profile pictures to incorporate the flag of the attacked nation, and do little else. Meanwhile, governments do not change the policies that both encourage terrorists to strike and give them access to their victims. Thus, the terrorists win, which may be exactly what the politicians want. Until the people of Western nations demand real solutions under threat of taking matters into their own hands otherwise, citizens will continue to live with the fear and uncertainty of Islamic terrorism.

Book Review: The Age of Jihad

The Age of Jihad is a book about political unrest in the Middle East by Irish journalist Patrick Cockburn. The book is a compilation of his notes and articles over a 20-year period (1996-2016) while traveling throughout the Middle East. Cockburn did direct reporting where possible, and relied upon first-hand accounts when venturing into certain places was too dangerous.

Cockburn begins with his reporting from Afghanistan in late 2001 as the United States began its intervention to remove the Taliban from power. Next, he shares his experiences of Iraq under sanctions from 1996, 1998, and 2001, followed by his experiences there during the American occupation from 2003 to 2010. This is followed by his next forays into Afghanistan from 2009 to 2012.

The next part of the book focuses on the Arab Spring and the events that followed, with particular emphasis on countries in which the rulers were not quickly deposed. Cockburn begins with the Libyan Civil War of 2011 that removed Muammar Gaddafi from power, along with the difficulties that followed. Sectarian violence in Yemen from 2009 to 2015 and the failed uprising in Bahrain in 2011 each get a chapter.

The last part of the book covers recent developments in Syria and Iraq. First, the Arab Spring in Syria and its development into the Syrian Civil War from 2011 to 2014 is discussed in two chapters. Another two chapters are devoted to the contemporaneous destabilization of Iraq. This culminates in the rise of ISIS and the establishment of the Caliphate, in and near which the final four chapters take place.

The book gives important insight into just how terrible daily life is for people in war-torn lands, including the near-absence of basic utilities, shortages of essential items, rampant unemployment, and fear of mistreatment both from rebel groups and one’s own government. The book is filled with anecdotes of behavior which have not been seen since the Renaissance in the West, and knowledge of this behavior helps to explain animosity toward migrants from that region. The reader may be familiar with some of the events described, but almost anyone would find new information somewhere in the book.

One comes away from the book with a sense that both Western and regional powers had to be trying to perform so poorly. Western powers sought to punish Saddam Hussein without regard for the Iraqi people who bore the brunt of sanctions. They ignored cultural attitudes and sectarian divisions while turning a blind eye to mass corruption that greatly weakened the nation-building projects in Afghanistan and Iraq. They removed dictators who were stabilizing forces, thus creating power vacuums which were filled by al-Qa’ida and its affiliates. It is difficult to be so maliciously incompetent without intending to do so.

Overall, Cockburn does an excellent job of conveying the reality on the ground in most of the conflicts in the War on Terrorism and the Arab Spring. The only real improvement would be to add sections on recent events in Egypt and Tunisia, which only get passing mentions as sources for jihadists in other places. The Age of Jihad belongs on the bookshelf of any serious student of recent history, the Middle East, revolutions, war, and/or the effects of foreign intervention.

Rating: 5/5

A Comprehensive Strategy Against Antifa

In recent months, the violent far-left group known as Antifa has grown from an occasional nuisance that rarely affected anyone other than neo-Nazis into a serious threat to anyone who is politically right of center and/or libertarian who wishes to speak in a public venue. Their tactics have escalated from peaceful counter-demonstrations to violent attacks upon people and property. The latest incidents at the presidential inauguration, University of California-Berkeley, and New York University clearly show that this trend cannot be allowed to continue.

As such, it is necessary to create a comprehensive strategy to defeat this group. This plan contains eighteen measures, some of which can be used by ordinary citizens, some of which involve the state, and some of which can be used by either. If these suggestions are implemented, then the Antifa threat should be dealt with and eliminated in short order. Without further ado, let us begin.

1. Stop giving in to their demands. When a behavior is rewarded, those who engage in that behavior will do so more frequently, and other people will emulate that behavior in search of their own reward. This means that public universities and other speaking venues which kowtow to pressure from Antifa must stop doing so. If Antifa’s behavior no longer results in platform denial to their political rivals, then they will have less incentive to engage in it. This measure can be aided by making the funding of taxpayer-supported institutions contingent on defying efforts to silence speech in such venues.

2. Fight fire with fire. When a behavior is punished, those who engage in that behavior will do so less frequently, and other people will avoid emulating that behavior for fear of being punished themselves. The reason that Antifa members continue to assault people and destroy property is because they can; they face far too little defensive violence in response to their aggression. This must change. The most effective way to make a bully stop is to bloody his nose. Note that many of their fold are physically small and weak with little or no combat experience. This will make the impact of finally meeting physical resistance all the more effective.

It would be best for right-wing citizens to take to the streets in order to violently suppress and physically remove Antifa themselves, but leaving this to police officers or National Guard troops is better than nothing. It may be necessary to let the state handle this in places where it has legally disarmed good people, but taking an active role wherever one can will defeat Antifa more quickly and help to restore the vital role of the militia in society.

3. Stop discouraging defensive violence. The maintenance of liberty requires the ability to bring overwhelming defensive violence to bear against aggressors. It is time for conservatives, reactionaries, and libertarians to stop denouncing people who state this obvious fact. That such self-defeating behavior has been happening in right-wing circles for years is one reason why Antifa has gotten away with so much of what they have done thus far.

4. Hire private security. This is already being done by some of Antifa’s targets, but it needs to be done by all. Again, many members of Antifa lack the size and strength to engage their opponents in honorable combat. Thus, having private security present to watch for sucker punching cowards and other such vermin can blunt much of Antifa’s ability to project power.

5. Go after members of Antifa by talking to their employers. This is a favorite tactic of Antifa in particular and social justice warriors in general. They will accuse a person of racism, sexism, or some other form of bigotry, often with no regard for merit, then contact their employers to get them in trouble. Their intention is to shame employers into firing their political rivals, or to disrupt businesses that refuse to bow to their pressure. Because they routinely do this to people, they have no right to complain when it is done to them. Turnabout is fair play, and it is time to strike.

6. Hack their websites and other online presences. This is already being done, but more is needed. Their online presence is an important method by which they recruit, organize, and secure funding. This must be shut down to arrest their growth and hinder their operations. Again, turnabout is fair play; Antifa sympathizers regularly try to hack right-wing websites and silence right-wing speech.

7. Infiltrate Antifa to gather intelligence and spread misinformation within. This is standard procedure for government agencies in taking down a criminal organization. The extent to which such operations are underway, if at all, are not publicly known. This needs to be done so that Antifa’s efforts can be blunted and its key personalities arrested. Although this tactic could be used to perpetrate false flag operations in their name, it is best not to do so, as this could backfire. The truth about Antifa is bad enough; there is no need to make up lies about them.

8. Call them what they are: rioters and terrorists, not protesters. The establishment media frequently refers to Antifa as protesters, regardless of their conduct. As Confucius said, “The beginning of wisdom is to call things by their proper names.” We must hold the lying press to account and correct the record whenever and wherever possible. Antifa are not mere protesters; they are rioters and terrorists.

9. Remove and/or punish police commanders who give stand-down orders against Antifa. For the state to monopolize law and order within its territory is a travesty. For it to monopolize these services and then refuse to provide them is far worse. Anyone who is in command of police officers who are supposed to defend the public against Antifa’s crimes and tells those officers to stand down is not only in dereliction of duty, but is actively aiding the enemy. These administrators must be removed, and ideally, subjected to criminal charges as well.

10. Declare Antifa a domestic terrorist organization. The simplest definition of terrorism that covers all instances of it is that it is the use of violence, threats, fear, and intimidation against innocent people for the purpose of achieving political or social goals. Antifa operates by these methods, has various local chapters throughout the United States, and is organized, so the label of domestic terrorist organization clearly fits. This would allow for federal funding to be allocated specifically for combating Antifa, as well as the involvement of the Department of Homeland Security, the Joint Terrorism Task Force, and other such agencies.

At this point, libertarians may protest that the United States government also meets the above definition of a terrorist organization, and they are not wrong about that. But they would be well-advised to check their autism and deal with the context of the situation. One can take the view that the state must be eliminated in the long-term while using it for our own purposes now. Setting one enemy of liberty against another is a wise strategy, and as bad as the United States government can be, allowing Antifa to grow and gain political power would be far worse.

11. Ban black bloc tactics. It is already illegal in many places to wear masks in public, but this should be specifically banned everywhere within the context of riots and other violent demonstrations. It is important to be able to identify Antifa activists for the purpose of punishing them properly, and laws against the public wearing of masks can be used to arrest Antifa members who are not violating any other statutes at the time. Perhaps they cannot be held for long or convicted of anything, but it will disrupt their activities.

12. Charge rioters with felonies. This has already happened to many rioters from the presidential inauguration, but felony rioting charges against Antifa and similar groups need to become more widespread. Lengthy prison terms and hefty fines will discourage people from involvement with Antifa while sidelining current activists and confiscating funds which would otherwise be used by Antifa. Ideally, such fines would be payable into a fund that would reimburse private property owners for damages caused by Antifa members.

13. Charge anyone who aids Antifa in any way. With Antifa declared a domestic terrorist organization, giving them aid, funding, and/or training would constitute the criminal offense of providing material support to terrorists. Such charges need not be limited to US residents; for example, George Soros is known to have provided funding to Antifa and other violent groups through his Tides Foundation. Extradition of foreign nationals to the United States to face charges would be a necessary part of this measure.

14. Freeze their funds. With Antifa declared a domestic terrorist organization, freezing Antifa-related bank accounts to shut down their financial resources should be a simple matter. This will not halt local activities, but it will hinder their ability to move professional rioters across the nation and conduct other operations which go beyond the local grassroots.

15. Send illegal aliens involved with Antifa to Guantanamo Bay. This measure is probably not necessary, but it would send a clear message that Antifa will not be allowed to continue its behavior. It could also bring out Antifa sympathizers who are on the fence about whether to actively participate by enraging and triggering them sufficiently to bring them out. Conversely, it could serve as an extreme measure which is used in the short-term in the hope of having to use fewer measures in the long-term. The legal rationale for this measure is that a foreign national who is in the United States and involved in terrorism may be treated as an unlawful combatant.

16. Eliminate gun-free zones. The vast majority of Antifa activity has occurred in gun-free zones or places in which carrying rights are restricted to some degree. By eliminating gun-free zones, the state can ensure that more citizens are capable of defending themselves from aggressors like Antifa. This will also lessen the burden on government security forces.

17. Privatize public property. An underlying problem of which the surge in left-wing political violence is a symptom is the existence of state-occupied property. No one truly owns such property because no person exercises exclusive control over it. This leaves it open not only to use by groups of people who are at cross purposes with each other, but to an occupation by one group for the purpose of denying access to another group. If all property were privately owned, then it would be clear that whenever Antifa attempt to shut down a venue by occupying the premises, they are trespassing. This would make physically removing them a less ambiguous matter.

18. Above all, stop trying to be better than the enemy and focus on defeating the enemy. There is no need to alter strategy, virtue signal, or make any other effort to be better than Antifa. That they are violent criminals and we seek to defend against them means that we already are better than them. Let us do what is necessary to defeat Antifa, as detailed in the previous seventeen measures, and leave worries about improving ourselves until after this is done. Remember, this is a war, and in war, nothing is more honorable than victory.

How The Left Can Still Win The 2016 Election

So, dear leftist, it is 2017. The current year, as it were. Donald J. Trump occupies the Oval Office, and the “her” you were with does not. All of the accusations of bigotry and threats of violence you could muster were simply not enough to sway people who were hurting economically and were tired of being talked down to by the likes of you. Your massive street demonstrations against the election result after many of you never made it to the polls only earned you derision and scorn. Your plan to throw the Electoral College to the House of Representatives by convincing electors to vote against the results of democratic elections in their states actually cost the Democratic candidate more electoral votes than her opponent. Your protests at the certification and the cabinet hearings have only gotten you physically removed from the Capitol building. Your actions at the inauguration have resulted in many of you facing significant prison time for felony rioting. I know it must be difficult to lose one dream (socialism) after another (the first female president), but all hope is not lost. You still have options, and believe it or not, this libertarian reactionary is here to help.

If you wish to live in a world in which Hillary Clinton, Bernie Sanders, or some other left-wing candidate won the 2016 election, your only options now are to go back in time and alter the results or to go to an alternate universe in which the person of your choice is President. These could very well be equivalent, for reasons we will discuss later. Of course, this amounts to election tampering and voter fraud, but when has that ever bothered the left? Everyone knows that you only really believe in democracy when it gives results that you like. Although no one has yet accomplished backward time travel or inter-universal travel, general relativity does appear to allow for it. You are going to need far more knowledge of mathematics and science than your major in gender studies and minor in queer literature gave you, but why let this stop you? You are a special snowflake, and you can do anything if you just believe in yourself.

You may encounter difficulties in obtaining funding, as Trump and Congressional Republicans would never appropriate funds for their own retroactive removal from power. Being out of political power, you will have to subject yourself to market forces by funding your project through voluntary means and providing investors with a reasonable return. Being a productive capitalist will go against your beliefs, but consistency is of no concern for a leftist, especially when serving the greater purpose of removing “Literally Hitler” from power.

There are four ways to accomplish time travel into the past, go to another universe, or both: faster-than-light travel under certain conditions, use of cosmic strings, use of black holes, and use of traversable wormholes. Each of these methods requires a form of exotic matter with negative energy density to avoid infinities and imaginary numbers in the calculations, but it may be that the insanity of leftist thought is caused by the presence of such substances in the brain. Additionally, the Casimir effect might be able to produce the negative energy density needed to power a time machine or traversable wormhole. If finding what you need becomes a problem, just demand that the exotic matter check its privilege. I am sure that it will do as you ask, since reality is just a social construct for you.

On second thought, the time travel idea might not work. If you go back in time and make a Democrat win the election, you will remove the reason for time traveling, along with the knowledge that there ever was a reason. This means that you will not time travel because you will have no motivation for creating your time machine, thus undoing all of your work. Another possible mechanism for the avoidance of temporal paradoxes is the many-worlds interpretation. In this view, you would not be preventing Trump’s election in this universe, but in another parallel universe that is branched off from this universe by your interference.

We are left with the idea of using a traversable wormhole to go to another universe where you can live under your leftist ruler of choice. Alternate reality may seem like a stretch, but you already live there in your mind; we are just making it official. I know, I know, you want to stay and fight. But given that the most radical elements of your coalition are going to keep escalating their violence until most non-leftists cheer a brutal crackdown on all of you, and none of you seem willing to rein them in, you are not safe here.

I ask only one thing in return. In whatever alternate universe you choose or create, there will likely be people there who disagree with you. Please let them travel in the opposite direction through whatever portal you open. You are getting your own universe; at least give us this one (or whatever new one is formed by their exodus here) in return. You say you believe in fairness and justice, and what could be more fair and just than a one-for-one trade? And should not an open border work both ways?

But let us be realistic. The technology required to do this is decades away at the earliest, and may turn out to be impossible. So sit back and enjoy the Trumpenführer’s time in office. There are many reasons to oppose him, but that is true of every President. Perhaps the institution itself is the real problem, but you are a leftist, so that is a bridge too far.

The Not-So-Current Year: 2016 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2016 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

We begin, of course, with last year’s article of the same kind. Some articles in this list are sequels to articles in that list. Aside from that, we may move on.

My first article proper of 2016 was A Case Against the Nineteenth Amendment. It was intended to come out before the New Year, but I was not satisfied with it until January 3. If I were to rewrite this article, I would say more about biological differences between the sexes and why these make the entrance of women into democratic politics a danger to the stability and sustainability of a society. I took down the First Amendment later in the year.

The Bundy standoff at the Malheur National Wildlife Preserve began. I made nine observations on the event. Their later acquittal on several felony charges after the standoff ended in what was essentially an instance of jury nullification was cause for celebration.

As usual, leftists called for more gun restrictions and an end to gun violence without seeing that the former would both cause and be enforced by gun violence or the threat thereof. Rather than take the usual path of reductio ad absurdum, I argued the sharper point that gun deaths can be a good thing. This did not sit well with the editors at Examiner.com, who pulled the article. Given a long and contentious history with the site, I decided to part ways with them and start my own site. This proved to be a wise choice, as Examiner gave up the ghost less than six months later, with all content disappearing into the aether. My next task was to choose a name for the site and explain its meaning.

Christopher Cantwell argued the libertarian case for Donald Trump, and I gave him some pushback. Shortly afterward, Rand Paul suspended his campaign, and I wrote a list of observations on the event.

‘No victim means no crime’ is a common saying among libertarians, but an altogether too reductionist one. I explained why.

A Russian film crew flew a drone over the city of Homs and recorded the aftermath of Assad’s forces besieging the city. I rarely get emotional, but seeing the wanton destruction was quite triggering for me. Aleppo was conquered later in the year, and I wrote a list of observations on the event.

I decided to take an educated guess at whether Ron Paul could have defeated Barack Obama if he had been the Republican nominee in 2012. I believe he would have done so easily.

Twitter decided to give in to government and social justice warrior requests to censor their enemies. Unsurprisingly, this tanked their stock prices. I proposed several remedies for the situation, and Twitter has of course used none of them.

Jason Brennan published an article arguing that arguments made by libertarians against open borders have disturbing implications that said libertarians almost never address, so I addressed them and showed on a point-by-point basis that some such implications are not only not so scary, but are actually vitally important to the maintenance of a libertarian social order.

Charlotte City Council approved an expansion of its anti-discrimination ordinance to include transgender people, which I denounced as a violation of private property, freedom of association, public safety, and freedom of religion. Governor Pat McCrory and the state legislature responded with House Bill 2, and the controversy has brewed for almost a year.

An author known as Mr. Underhill published an article arguing that violent revolution is not the appropriate method for achieving liberty. I took the opposite view, which led to a lengthy exchange of four more articles on my part and four more on his part. Following this exchange, I decided to write about how I choose who to debate and for how long, which made me realize that I had entertained Mr. Underhill for far too long. Later in the year, I covered political violence more generally to argue that we need more of it as well.

When examining the intellectual foundation for private property rights, I noticed an unexplored quirk which turned into an original proviso. A critique in the comments section led to another article defending the proviso.

Islamic terrorists attacked the airport and a subway station in Brussels, killing 31 people and injuring 300 others. I wrote a list of observations on the event.

Social justice warriors seem to have their own language which is distinct from both the dictionary definitions and the common understanding of words by most of the general population. I created a glossary to help normal people better understand SJW rhetoric.

Donald Trump suggested that women could be punished for getting an abortion, which outraged both sides of the mainstream abortion debate. I weighed in with a view which did the same.

Having addressed water ownership and pollution in two articles in 2015, I decided to lay out a libertarian theory on air ownership and pollution.

Puerto Rico reached new lows of fiscal irresponsibility, and I explained why it is best to cut them loose from the United States to become an independent country.

The rise of neoreaction and the alt-right has brought reactionary thought back to the forefront. I deemed my first attempt at examining its relationship to libertarianism to be inadequate, so I took a second stab at it. A Jeffrey Tucker article prompted a third effort, and I made a fourth effort later in the year in response to a pro-Trump neoreactionary article by Michael Perilloux.

Peter Weber published an opinion piece arguing that the institution of the American Presidency is being delegitimized, and that this is a dangerous direction. I argued that this is actually a welcome and even glorious development.

Having already explained my decisions about debating other authors, I wrote two more articles explaining my lack of profanity and lack of satirical content.

Many incorrect arguments concerning libertarianism and punishment began to appear, so I laid out a theory of libertarianism and punishment which utilized heavy doses of Rothbard.

The Libertarian Party held its nominating convention, and it was a disaster from beginning to end. The Republican convention was not much better in terms of substance.

Many people have noticed a correlation between weightlifting and libertarianism. I explored this correlation and found many reasons for it.

A terrorist who pledged allegiance to the Islamic State attacked a gay nightclub in Orlando, Fla., killing 49 people and injuring 53 others. I wrote a list of observations on the event, but missed a major point in doing so. Democracy is partly responsible for terrorism because it gives the common person a political voice, which makes them viable targets in a way that absolute monarchies or stateless societies would not.

When the Supreme Court ruled against Abigail Fisher in her anti-white racism case, the Internet cheered. I did not, realizing that the decision was a rejection of pure meritocracy.

Against all predictions, the vote to remove the United Kingdom from the European Union succeeded. I wrote a list of observations on the event.

In my most controversial article to date, I argued the most extreme position in the gun control debate: a private individual has a right to own nuclear weapons, and this would be beneficial for liberty. The troll brigades were out in force making typical leftist non-arguments, and I thank them for granting me a then-record in daily page views (and thus advertising money). A few did raise legitimate criticisms which will require an addendum to be written in the future.

As the major-party presidential nominations were secured, the establishment media wasted an inordinate amount of time engaging in speculation about who would be the running mate of each candidate. When discussing the potential benefits that each potential vice presidential pick could have, they neglected the aspect of assassination insurance.

Several recent problems with the criminal justice system demonstrated that government will not hold government accountable, and that a market alternative is required.

Five police officers were killed by a sniper in Dallas. I used the event to argue that those who kill government agents now are not cowardly murderers perpetrating senseless violence, but neither are they heroic or helpful to the cause of liberty.

A certain type of policy analysis exhibits many symptoms which are also found in high-functioning autistic people. This is more common among libertarians than among people of other political persuasions, so I decided to address the phenomenon.

A significant portion of the media coverage leading up to the Republican convention focused on the possibility of violence on the streets involving leftist protesters and rightist counter-protesters. This possibility went unrealized for reasons which were covered up by the establishment media.

Hillary Clinton said that she was “adamantly opposed to anyone bringing religion into our political process” and that it is “just absolutely wrong and unacceptable.” I argued the opposite case.

Gardening is an enjoyable hobby and a useful metaphor for many things, a libertarian social order included.

Trump hinted at the assassination of Clinton should she win and threaten gun rights. Predictably, every element of the establishment went apoplectic. I argued that political assassinations are ethically acceptable, though not usually the wisest practical move.

Since the beginning of the Black Lives Matter movement, libertarians have had strong differences concerning how to engage with it. I explained the differences between their intentions and libertarian goals.

The 2016 Summer Olympics took place in Rio de Janeiro, Brazil. I wrote a list of observations on the event.

Whenever disasters impact an area in modern times, governments play a large role in the cleanup and recovery efforts. But this causes a behavioral problem in the population, not unlike that caused by the Pax Romana.

The Commission on Presidential Debates decided to exclude third-party candidates yet again. I made cases for peaceful and violent protest of this policy, and longed for a future candidate who might actually motivate people to engage in meaningful resistance.

Liberty Mutual created more advertisements that contain economic fallacies, so I did another round of debunking.

The establishment media tells us that every election is the most important of our lifetime. I proved that this cannot be the case, then psychoanalyzed the establishment media to explain why they keep repeating this, as if to convince themselves.

Argumentation ethics has been controversial since its introduction, but Roderick Long’s criticisms of it had gone unanswered. I remedied this state of affairs.

Rioters plagued Charlotte for three nights in response to a police shooting, which happened to involve a black officer and a black suspect. I wrote a list of observations on the event.

Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. Though some libertarians argued against the bill, I celebrated it for chipping away at the anti-libertarian idea of sovereign immunity, giving victims of American foreign policy a peaceful means of addressing their grievances, and possibly revealing clandestine activities to the American people about which they have a need to know.

Having heard libertarians argue in favor of every presidential candidate except Hillary Clinton, I decided to give it a shot. Only a bootlegger’s case was possible, and it was rather grim.

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. I gave the idea perhaps its most thorough debunking to date.

In the last quarter of the year, I began reading more books, which resulted in several book reviews. I can strongly recommend The Essential Guide to Freelance Writing and Our Sister Republics; The West Point History of the Civil War somewhat less so. Good Guys With Guns, on the other hand, is a disaster.

The month before the election presented several opportunities for rebuttals. Milo Yiannopoulos demonstrated both a misunderstanding of and an enmity toward libertarianism, and I rebutted his assertions, which gained a surprising amount of attention. Jeffrey Tucker tried to defend democracy as a superior alternative to monarchy or political violence, and I showed why this is misguided. Penn Jillette argued in favor of vote swapping, and I argued against it.

Finally, the 2016 election came and went, which presented many observations to be made.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I updated my explanation of why this reverence is somewhat misplaced.

Finally, Otto Warmbier spent all of 2016 detained in North Korea. I made the unpopular case that he should be left there.

All in all, it was an interesting year full of occasions to make sharp libertarian arguments. May 2017 bring more of the same. Happy New Year!

Leave Otto Warmbier In North Korea

On January 2, 2016, then-21-year-old University of Virginia student Otto Warmbier (now 22) was on a five-day guided tour in North Korea when he was arrested at Pyongyang Sunan International Airport. He allegedly stole a North Korean propaganda banner from the Yanggakdo International Hotel on December 30, 2015 to take back to the United States, which the North Korean government called “an act of hostility against the state.” A video was released on March 18, 2016 that purportedly shows Warmbier in the act.

Warmbier said in a statement at his trial that he was offered a used car worth $10,000 if he could return the banner and that $200,000 would be paid to his mother if he was detained. He said that he took the banner in effort to help his family with financial difficulties and to try to join the Z Society, an organization at the University of Virginia. But this should be viewed with skepticism, as many people who have been detained in North Korea and made a public confession have recanted their statements after being released.

Warmbier was sentenced to 15 years hard labor in March by North Korea’s highest court after only a one-hour trial, leading to international condemnation. Human Rights Watch (HRW) condemned the sentence: “North Korea’s sentencing of Otto Warmbier to 15 years hard labor for a college-style prank is outrageous and shocking,” said Phil Robertson, deputy director of HRW’s Asia division, in a statement. President Obama responded with new sanctions against North Korea.

Since his sentencing, veteran US diplomat Bill Richardson has been pushing for Warmbier’s release. As of late, Fox News host Tucker Carlson has also taken up the cause. But there is a case to be made against this effort and in favor of leaving Warmbier to his fate. Let us explore that case.

The Case Against Rescue

First, leaving Warmbier to serve his sentence has propaganda value against North Korea. Difficult though it may be to imagine North Korea in a positive light, there are those who do so, and thus it is necessary to engage them on the propaganda front. Many people are empiricists to the extent of being anti-rational, and thus need a clear example of statist tyranny to convince them that such regimes are a moral evil. His continued captivity provides such an example. At the national level, such actions harm North Korea’s standing among other nations. As Napoleon said, “When the enemy is making a false movement, we must take good care not to interrupt him.”

Second, Warmbier’s captivity will serve as a warning to those who would follow in his footsteps. As long as he remains in a North Korean labor camp, it will be clear to all who would think of traveling to North Korea that a long state-sponsored kidnapping and enslavement may be the result. Once again, there are people who need a current ongoing example to remind them of this.

Third, North Korea has a history of using the detention of foreigners as a means of exerting pressure on its adversaries. It is therefore likely that Warmbier’s release will come at a cost. At the time of this writing, it is too early to say how President Trump will handle such situations, but President Obama has established a dangerous precedent of not only negotiating with terrorists, but doing so incompetently. The Bowe Bergdahl exchange and the Iran nuclear deal both come to mind as transactions in which America offered far too much and received far too little in return. This has established a dangerous precedent that concessions may be obtained from the American government by harming American citizens or interests abroad.

Fourth, negotiating with and providing concessions to North Korea rewards them for bad behavior. Behavior which is subsidized will occur more frequently, so a generous offer made to secure Warmbier’s release will only encourage other malevolent actors to abduct Americans in the hopes of receiving their own hefty ransom. Therefore, those who seek Warmbier’s release may actually be contributing to the victimization of other Americans in the future.

Fifth, Warmbier’s continued imprisonment will send a message that if an American travels abroad to a hostile country and gets into trouble with the regime there, neither the American people nor the American government will save such people from themselves. An essential aspect of liberty is the ability to take one’s own risks, reap one’s own rewards, and suffer one’s own consequences without external interference. Warmbier did the first of these, and now he is doing the last. No one forced Warmbier to travel to North Korea. When he was there, no one forced him to steal a propaganda banner, if that is indeed what happened. He either knew or should have known that such behavior was dangerous and could result in his current predicament.

Objections

Mainstream thinkers will likely be protesting that the North Koreans are aggressors who are holding an innocent man captive. They will accuse anyone who advocates abandoning Warmbier of victim blaming, heartlessness, and letting North Korea get away with criminal behavior. Such thinkers should learn to avoid context denial. That the North Koreans are aggressors who are holding an innocent man captive is true, but beside the point. The point is that there is nothing to be done about it which does not have worse long-term consequences than letting Warmbier remain in a North Korean labor camp. Rescuing one man by force is not worth starting a war in which many more innocent people die. Diplomatically negotiating for his release sends the wrong message to others who would capture Americans for their own advancement.

As for victim blaming, there is nothing wrong with it in cases in which the victim really is to blame; i.e. the victim did something stupid in order to become a victim. While Warmbier does not deserve the treatment he is receiving, a rational person would have had every reason to expect it, given North Korea’s history of capturing foreign visitors and using them as bargaining chips to gain concessions from their governments. Furthermore, it is always better to be heartless than to be brainless.

Finally, there is the question of whether the state should block a private effort by the Warmbier family to offer a ransom in exchange for Otto’s release. Again, the theoretical libertarian answer is no but the realpolitik answer is yes. In theory, they should be able to use any means necessary to defend against the aggressors and reclaim their family member. In a better society, they might be able to rally private defense agencies to their side to overthrow the North Korean government and liberate everyone living under it. But because they are not going to subdue the North Korean government by force and ransoming Otto will only encourage rogue states and terrorists to capture more people in the future, it is best to block such attempts.

Conclusion

As terrible as Otto Warmbier’s situation is, leaving him to it is the least of several evils, so it should be done.

Seven observations on the Rio Olympics

On August 3-21, 2016, the 2016 Summer Olympics were held in Rio de Janeiro, Brazil. More than 11,000 athletes from 207 National Olympic Committees took part in 28 different sports across 38 different venues. Seven observations on these events follow.

1. Governments do not care about poor people. In order to build the Olympic venues, government officials in Rio displaced thousands of poor and homeless people, including many children. When affordable housing is demolished, it raises the price of other housing due to smaller supply and a new surge of demand. Food and transportation costs have also risen. The end result is that people are priced out of their own communities by state action. While government officials have claimed that the Olympic construction was done to improve the city, the ends cannot justify the means of eminent domain and forced relocation. Additionally, much of the construction does not address the most pressing concerns of Rio’s citizens, such as connecting more neighborhoods to the sewer system.

Another problem that has increased due to the Olympics is the amount of human rights violations against Brazil’s street children, many of whom are detained arbitrarily and put into an already overcrowded prison system. The government in Rio chose not to try to help the children who eke out a homeless existence on the streets while suffering from drug addiction, but rather to merely sweep them away from the eyes of international tourists. All of this is par for the course for governments. To quote Stefan Molyneux, “The government does not care about the poor as anything other than hostages to shame and capture the guilt of the innocent and force them to hand over additional money, rights, and children to the government.”

2. The Games serve to glorify the state at the expense of the individual. While the competitions are won and lost by individuals or teams thereof, these are almost always tied to a nation-state. It is always said that athletes win medals for their countries, and the award ceremonies always feature the national anthem of the nation that sent the gold medalist athlete, along with the flags of the top three finishers in the event. This amounts not to a celebration of individual achievements, but a garish display of jingoistic nationalism. The host nation-state forces its taxpayers to fund a spectacle in which a sort of cold war is conducted by having each nation-state’s champions vie for supremacy. It would be far better to privatize the entire process so that nation-states are deprived of a propaganda tool.

3. Some activities simply cannot be made safe. Every Olympics features its share of athletes suffering injuries (10-12 percent), and the 2016 Summer Olympics were no exception. Despite all of the precautions taken, athletes who push themselves to the top level of competition in strenuous activities sometimes get injured, especially when going for a medal means exceeding what one has done in training. The only way to prevent all of the injuries would be to eliminate all of the activities, so it is better to leave the athletes to take their own risks, reap their own rewards, and suffer their own consequences.

4. It is important to pace oneself in any task. This is a lesson which is frequently displayed across various athletic events, but it bears repeating. Those who put too much effort into the beginning of a long and/or arduous task will have difficulty in finishing. Many runners exhaust themselves in leading the pack of competitors for most of a race only to lose at the end because a less tired runner who managed to hang back just behind the leader is able to muster a sprint for the finish line to overtake the pace-setter up until that point. This happened in several medium distance races in Rio.

Another example of this phenomenon occurred in men’s weightlifting for the superheavy weight class. Behdad Salimi, the gold medalist from the 2012 Summer Olympics, set a new world record in the snatch only to fail all three of his attempts at the clean and jerk, meaning that he failed to post a total and won no medal.

5. Performance-enhancing drugs will always be one step ahead of detection methods. This is unavoidable, as there is no real incentive to test for a drug before it is known to be manufactured and used. While many users get caught, and punishments are handed out (such as the banning of many Russian athletes from the 2016 Games), many more do not. There are many incentives which create this problem. As Dr. Cayce Onks, a family and sports medicine specialist at Penn State Hershey Medical Group, explains, “Anyone who gets a gold medal has the benefit of TV contracts, announcer gigs, commercials and all the money that comes with it. It’s not just the prestige and satisfaction of competing at that level and winning. Tenths of seconds can mean the difference between a medal and no medal, so whatever they can do to get that extra tenth, they want to try.” As for other incentives…

6. An interesting spectacle is more important to many people than honest competition. While the Olympics are somewhat hit-or-miss in terms of being a financial boost for the places that host them, they are always a cash cow for the television networks that air footage of them. Ratings go up for performances that push the limits of human capability, as well as for athletes who have a reputation for delivering such performances. It was Usain Bolt in the 2016 Summer Olympics, but it is always someone. The advertisers, the International Olympic Committee, the doping testing agencies, and everyone else involved are fully aware of the incentives here, and it would be exceedingly foolish to believe that they never respond to the incentive to let some athletes break doping rules.

7. Human biodiversity clearly exists. Finally, the Summer Olympics should be a quadrennially sounding death knell for the idea of blank-slate egalitarianism. That certain events are almost always won by people with ancestry in particular population groups cannot be explained solely by the sum of culture, training, government funding of sports, and other nurturing elements. Humans will adapt to their environment like any other organism, and those adaptations can give members of a particular population group an advantage in a particular activity. While these adaptations can be noticed in people who move to another place and live as the locals do, the extent of the adaptations which are present in a population group that has inhabited a place for many generations cannot be replicated in one human lifetime. These differences are not nearly large enough at present to categorize humans into different species or subspecies, but they were in the past and very well could be again in the future. While this will not affect the average person’s daily life, it will determine who has the extra performance capacity needed to win Olympic gold when other factors, such as diet, training regimen, and rest, are nearly equal.

Make America Miss Again: The 2016 Republican National Convention

On July 18-21, the Republican Party held its national presidential nominating convention in Cleveland. Over a thousand delegates from all 50 states attended the convention, along with dozens of guest speakers. Each day had a different theme, based on Republican presidential nominee Donald Trump’s campaign slogan “Make America Great Again.” These were “Make America Safe Again,” “Make America Work Again,” “Make America First Again,” and “Make America One Again.” Let us examine each of these themes, how they were presented, and what is wrong with the approach of Trump and the Republicans.

Safe Again

The theme of the first night was “Make America Safe Again.” According to the GOP convention site,

“From attacks on our own soil and overseas to the tragedy in Benghazi, the policies of Barack Obama and Hillary Clinton have left us vulnerable. Our immigration system is broken, leaving our country open to security threats and the negative consequences of illegal immigration. A Donald Trump administration will listen to and learn from our nation’s heroes who have put themselves in harm’s way and pursue a national security strategy and foreign policy that will strengthen our military and make America safe again.”

But it is the United States government that does the most to make Americans unsafe, and the Trump agenda does little to address this problem. To the extent that crime has decreased since its peak in 1991, it correlates more strongly with increased firearm ownership among the citizenry than with anything the government has done.

Under a Trump regime, there will still be a multitude of laws which criminalize behaviors that do not aggress against any person or property. The police who enforce those laws will continue to make Americans unsafe. Currently, Americans are 58 times more likely to be killed by a police officer than by a terrorist, and this statistic is unlikely to improve unless more terrorism occurs during a Trump administration.

Unfortunately, that could be the case. Trump’s plan for dealing with ISIS (whatever it might be) is likely to motivate many more people to join terrorist organizations and kill Americans. When civilians are killed in drone bombings, as over 55 were in the week leading up to the convention, their surviving family members will want revenge. However horrible ISIS is, they will view it as the lesser evil if Americans killed their family members and ISIS did not. They will probably never find the drone pilots to kill them, as would be just, so they will try to kill American civilians, and some of them will succeed.

Trump’s military policy is to “build a military that’s gonna be much stronger than it is right now. It’s gonna be so strong, nobody’s gonna mess with us.” But the American military budget is five times larger than that of its next competitor (China) and as much as the next 11 countries combined. This drives up the national debt, which many experts consider to be the most serious long-term threat to national security.

Of course, the lineup of speakers failed to recognize any of this, instead focusing on the standard Republican fare of Hillary Clinton’s failure in Benghazi, the need for border security, and the hostile climate toward police. This may lead Trump to victory, but those who fail to understand the roots of problems have no hope of solving them. Then again, solving them may not be the point.

Work Again

The theme of the second night was “Make America Work Again.” According to the GOP convention site,

“The Obama years have delivered anemic economic growth, the lowest labor-force participation rate in 38 years, and job-killing regulations and legislation like Obamacare. These policies are crushing middle-class families, and a Hillary Clinton presidency would merely be an Obama third term that would deliver the same poor results. Donald Trump is a successful businessman with a solid record of creating jobs and the experience we need to get America’s economy up and running … and get Americans working again.”

Unfortunately, the speeches that night had almost nothing to do with the theme. There was criticism of the Clintons, vague talk of Trump “supporting businesses of all sizes” (whatever that means), and base assertions that Republicans care about jobs and the economy. To quote Peter Suderman, “None of these things are plans in the sense that offer or even suggest a set of specific, plausible, debatable steps that a president might take. That’s what a plan is. A plan is not the end result you hope to achieve; it’s a description of the particulars of how you intend to produce that result.”

What we know of Trump’s economic policy is not much better. His tariff proposals would not protect American jobs, but would make goods and services more expensive for the American population, as all such measures do. The tariffs against American goods that other countries would impose in response would harm American exports and destroy American jobs. His plan to oppose H1-B visas will only raise the cost of hiring people, which will result in less jobs. His support for intellectual property will maintain artificial economic inefficiencies and continue disrespect for real property rights. Labeling China a “currency manipulator,” as Trump intends to do, will strain relations while being enormously hypocritical, given the Federal Reserve’s record of currency debasement.

First Again

The theme of the third night was “Make America First Again.” According to the GOP convention site,

“America has always been an exceptional nation. Our Founding Fathers created a system of government that has protected our liberty, allowed American ingenuity to flourish, and lifted people out of poverty by creating the conditions for opportunity and prosperity. Unfortunately, years of bad policies and poor leadership have weakened our position in the world. Under a Trump administration, America will once again be a beacon of progress and opportunity.”

But there is a dark side to American exceptionalism. Too frequently, it is taken to mean that the United States government has carte blanche to commit atrocities which would land leaders of other countries in front of a war crimes tribunal. As for the Constitution, if it has truly protected liberty and allowed for human flourishing, then why does America lead the world in prison population? Why are Americans facing stagnant earnings? It is fair to point to bad policies and poor leadership, but Trump, like so many other politicians and businesspeople, fails to understand the root of the problem. As long as there is a government monopoly on currency and law, this power will be abused by those who are most capable of abusing it for their benefit.

Most of the speakers failed to speak of making America first again in a sense that was separate from the themes of other days of the convention, and some did not even have the word “first” in their speeches. Only astronaut Eileen Collins spoke of a particular example of restoring American supremacy, but the future of space exploration belongs to the private sector, not to nation-states.

Despite all of this, America is first, and therefore cannot be made first again. But this is not the real problem. America is the prettiest horse in a glue factory of global statism, and Trump has no plan to solve this problem.

One Again

The theme of the final night was “Make America One Again.” According to the GOP convention site,

“America faces serious challenges at home and threats from abroad. In order to turn our challenges into opportunities and keep America secure, we need leadership that will focus on what unites us, not what divides us. Donald Trump will move our country beyond the divisive identity politics that have been holding us back by restoring leadership, building trust, and focusing on our shared love of country and our common goal of making America great again.”

This is exactly the wrong approach. America is more divided than it has been in over a century, and these divisions are over differences which cannot be resolved by compromise and unification. This is because there is and will be no common purpose among Americans; various groups are acting toward cross purposes. The only ways that unity can be brought about are for the United States to balkanize or for one side to violently suppress the other, whether by political means or civil war. No political figure, and especially not anyone as polarizing as Donald Trump, will unify such a divided population, and that which cannot be done should not be attempted.

Great Again

The overall theme of the Trump campaign is “Make America Great Again.” But its approach is misguided at every turn, either failing to recognize the true nature of problems or addressing them in ways which will only make them worse. As this is the latest in a long line of such campaigns by all major political parties, a more appropriate slogan would be “Make America Miss Again.”

Government Will Not Hold Government Accountable

Since the beginning of statism, rulers have sought to monopolize the provision of justice and criminal punishment for obvious reasons. Not only is it lucrative to do so, in the form of rulers taking for themselves in fines what should be given to victims in restitution, but it also allows for agents of the state to engage with impunity in activities which are criminalized for the commoner. Since time immemorial for those alive at the time of this writing, the nation-state has done so the world over. But when a government politician or enforcement agent is examined by government investigators or tried in a government court, this creates a conflict of interest. Government prosecutors and judges may be interested in promoting justice (or an illusion thereof), but they must also interested in maintaining the structure of state power, which may be endangered by indicting or convicting a politician or enforcement agent. And then there is the matter that the laws being used by said investigators, prosecutors, and judges are monopolized by the state, the common result of which is that a politician or enforcement agent is exonerated for what would land a commoner in prison.

While there is a long line of abuses and usurpations stretching back millennia, three well-publicized concrete examples of these problems have manifested themselves just in the United States in the month prior to the time of this writing. These are the non-indictment of Hillary Clinton for her mishandling of classified information, the overturning of Bob McDonnell’s conviction for political corruption, and the acquittal of Caesar Goodson in the Freddie Gray case. Let us consider each of these cases.

Hillary Clinton

While Hillary Clinton was Secretary of State, she used private email servers and mobile devices to conduct government business. On July 5, 2016, an FBI investigation found that “from the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were ‘up-classified’ to make them Confidential; the information in those had not been classified at the time the e-mails were sent.” Three additional classified emails were found outside of the group of 30,000, one Secret and two Confidential. Evidence was found that Clinton or her colleagues were “extremely careless in their handling of very sensitive, highly classified information.” According to FBI director James Comey, “None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.” It was assessed that hostile actors could have gained access to Clinton’s email account and that they did gain access to email accounts belonging to people who corresponded with Clinton on classified matters.

Despite such a damning litany, Comey recommended that no charges be brought. Although the requirements for criminal charges under USC Title 18, Section 793, Subsection F were clearly met, Comey set up a straw man by claiming that there is not sufficient evidence of intent, even though intent is not part of the statute. This is for good reason because negligence in protecting classified information that can put innocent people in danger, and is therefore a malicious form of incompetence. Comey’s language concerning a “reasonable prosecutor” (whatever that means) was especially concerning, as it condemns as unreasonable anyone in the Department of Justice who might disagree with Comey’s recommendations. It is also noteworthy that Gen. David Petraeus and Maj. Jason Brezler were pushed out of the military in recent years for less.

The most likely explanations for this result are that Attorney General Loretta Lynch received her major career push from former President Bill Clinton, that Hillary could expose much deeper issues and many more violations in response to being indicted, that Comey lacks the fortitude to upset the electoral apple cart, and that Democrats care more about keeping power than accountability.

Bob McDonnell

In 2014, former Virginia governor Bob McDonnell and his wife Maureen were convicted of accepting more than $175,000 in gifts, loans and other benefits from Star Scientific executive Jonnie R. Williams Sr. in exchange for the governor’s help in securing state testing of dietary product. Bob was sentenced to two years in prison for bribery and extortion, while Maureen was sentenced to one year and one day for corruption. He appealed his conviction, which was upheld by the Fourth U.S. Circuit Court of Appeals in July 2015. The Supreme Court reviewed the case and overturned the conviction on June 27, 2016.

At issue was whether Gov. McDonnell committed (or agreed to commit) an “official act” in exchange for the loans and gifts. An “official act” is defined as “any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit. The Court decided 8-0 that the prosecutor’s view of an “official act” was too broad, and that although McDonnell conduct was “tawdry,” it should not have resulted in a criminal conviction.

Jack Abramoff, a former congressional lobbyist who was imprisoned for fraud, corruption, and conspiracy, said of the ruling,

“I continue to be concerned by what seems to be a lack of understanding on the part of the justices that a little bit of money can breed corruption. When somebody petitioning a public servant for action provides any kind of extra resources — money or a gift or anything — that affects the process. People come to think those seeking favors and giving you things are your friends, your buddies. Human nature is such that your natural inclination is, ‘He has done something for me, what can I do for him?’ The minute that has crept into the public service discussion, that is a problem.”

Whereas the overarching theme of this article is conflict of interest, it is worth noting that the very Supreme Court justices who decided this case are themselves the recipients of lavish paid trips and gifts from private donors.

Caesar Goodson

On April 12, 2015, Baltimore police arrested Freddie Gray for possessing what was alleged to be an illegal switchblade. While Gray had a prior criminal record, some of which was comprised of crimes against people and property, simple possession of a switchblade knife would not be criminal in a free society unless one were on private property whose owner disallows such armaments. While being transported in a police van driven by Officer Caesar Goodson, Gray was rendered comatose and was taken to a trauma center where he died on April 19. His death was caused by injuries to his spinal cord. It was found upon investigation that Gray was not secured properly in the van; he was handcuffed and foot shackled, but not buckled to his seat.

Goodson opted for a bench trial rather than a trial by jury. On June 23, 2016, Circuit Judge Barry Williams acquitted Goodson of all charges, including second-degree depraved heart murder, second-degree assault, involuntary manslaughter, manslaughter by vehicles (criminal and gross negligence), reckless endangerment, and misconduct in office. These charges could have resulted in up to a 30-year prison sentence. Williams claimed that the prosecution lacked the evidence to prove its case. Williams acquitted another officer involved in the case in May 2016.

The Common Problem

The thread which ties together these seemingly disparate cases is that all of them involve certain or nearly certain misdeeds by government personnel. These personnel are then subject to what is essentially an internal review, as they are investigated by another branch of the same organization. The investigation predictably finds that no wrongdoing worthy of prosecution or conviction occurred unless the conduct was so egregious that it is simply impossible to cover up, and the bar for this is set quite high.

Government will not hold government accountable because it is not in their interest. The only way to solve this conflict of interest is to eliminate it. If we are to have justice for the crimes of government personnel, we must take direct action to end the government monopoly on criminal justice. The remainder of this essay will consider what forms this might take and address likely objections.

Solving The Problem

The first response of most people when confronted with a proposal to end a government monopoly on a service is that one must be objecting to any organized provision of that service at all. In other words, they assume a false dilemma between state laws, police, courts, and prisons, or a vigilantist free-for-all. There is something positive to be said for vigilante justice, in that it can be better than no justice at all, and no justice at all is what the government system tends to provide for those who are victimized by the state. Vigilantism can also demonstrate that an oppressed people have had enough, and that those in power should listen to their grievances lest they be removed from power by an angry mob. But vigilantism has a tendency to descend into directionless violence that accomplishes nothing in the long run. As such, it is necessary to construct competing criminal justice systems which can replace the government monopoly and provide the due process that a lynch mob cannot.

Laws

We must, of course, start with the law itself, for no good cider may be made from poisoned apples. Government laws have extended into every facet of life and have become so complex that most people run afoul of the law on a regular basis without even realizing it. Without a government monopoly on laws, people would have the freedom to choose their own legal codes by either choosing from a number of law service providers or going into business as such a service provider. This system in which only the laws that people are willing to financially support through voluntary means can be enforced would have the effect of shrinking the laws which are mandatory for every person to the bare minimum; no murder, slavery, rape, kidnapping, assault, theft, vandalism, and so forth. Any activity which does not constitute aggression against a person or their property would not be criminal unless one had agreed not to engage in that activity as part of a valid contract, which is a contract that all parties enter into without fraud or coercion and that does not demand the impossible. This would swiftly eliminate police confrontations with citizens over such issues as possessing a state-disapproved kind of weapon or drug, or engaging in a state-disapproved business venture.

Police

Next, we must consider the enforcers of the law. When the state has a monopoly on law enforcement, its agents can break the law with impunity to the extent that the statist system will not hold itself accountable. But in a system of competing private enforcers, the agents of one police company may be held in check by agents of all of the other police companies as well as a considerably more armed citizenry, as gun control laws would almost certainly be among the government laws which would fall by the wayside. Without the ability to enforce higher-order aspects of legal codes to which people have not consented and with the much greater probability that overreaching enforcers may be fired or martially defeated, non-government police lack the mechanisms that make government police so oppressive.

Courts

Third, we must consider private court systems. Without government laws and courts, every interaction between people of any complexity would need to involve a contract to specify how the people involved in the interaction agree to handle disputes which may arise between them. Individuals would likely hire insurance companies to co-sign their contracts for the purpose of ensuring that victims get restitution without having to wait for a contract breaker to provide it. Should one engage in criminal activity, one would be tried in a court specified by one’s contracts, with the appeals process also specified. Failure to abide by the ruling that one contracted to abide by would be economically crippling, as private defenders and dispute mediators would treat this as a risk worthy of raising a person’s rates significantly or even dropping them as a customer. Being without private defenders and dispute mediators would leave one in a difficult position, as one would have trouble buying, selling, entering into contracts, or even defending oneself.

Punishment

Fourth, we must consider how a private legal system will deal with punishment and restitution. While the libertarian theoretical limits of punishment are quite broad, there is no reason why these limits must be approached in every case. Punishment in a libertarian society would generally take the form of forced restitution in cases where an aggressor refuses to make restitution without being forced, with the possibility of “eye for an eye” punishments where restitution is impossible.

In a private justice system, prisons would be tailored to the purpose of helping criminals provide restitution by keeping them safe and in decent living conditions while they do so. Several incentives are at work toward this end. The private prisons are competing with each other to house prisoners, so they each must try to offer the best service for the least cost. The prisoners are paying customers of the insurance companies which are affiliated with the prisons, so they can take their business and transfer their prison time elsewhere if they feel mistreated or endangered and can find a better option. The insurance companies wish to reduce violent crimes for which they must pay claims, and so have an incentive to keep prisoners from harming or being harmed by anyone. Getting criminals to go to prison could be accomplished by making their continued coverage contingent upon going there and making restitution, with the alternative being life as an outlaw in the traditional sense.

Note that unlike a statist system with mandatory sentencing requirements, a private justice system may allow the victim of a crime to negotiate an agreement with the criminal to reduce or even eliminate the criminal’s obligation to perform restitution. One could even specify in one’s will what should be done to one’s murderer if one is murdered.

Additionally, there is one punishment that one may undoubtedly inflict upon anyone for any reason without any need for judicial oversight: ostracism. To be denied association with one’s fellows as well as with one’s trading partners by said fellows and trading partners can certainly meet all of the above definitions of punishment. Psychologists have found that the pain of ostracism is quite similar to the pain of physical injury in terms of the effect it has on a person. The long-term effects that an episode of ostracism has make it an effective way to enforce beneficial social norms without violating the non-aggression principle. The lack of government anti-discrimination laws in this proposed system makes the full realization of ostracism possible.

Objections Rebutted

Such a proposal typically meets three criticisms which were not addressed above. First, there is the “public goods” argument that this system may leave behind the poorest people who cannot afford to pay for it. Aside from the fact that “public goods” are a myth, the amount of productivity that could be unleashed by ending the government monopoly on laws should ensure that no one who does not wish to be poor would have to be. Even if this were not the case, the poor could still receive charity or form neighborhood watch groups while using the aforementioned newly legal heavy weapons, which would also be cheaper due to loosened restrictions on manufacture and ownership.

Second, there is the argument that competing private police forces will fight. The problem with this argument is that the incentives are all pointed in the opposite direction. Fighting will result in deaths for both private police forces, which makes it harder and more expensive for the surviving officers to serve their customers while hurting the public relations of the fighting forces. This creates an opportunity for other private police forces to step in and provide services more efficiently, thus sending the fighting forces into an economic death spiral. Note also that heavy area effect weapons cannot be used in such a fight without harming innocents and bringing legal claims and militant reprisals against the offending officers and companies. Failing all of this, such forces would still be less capable of destruction than nation-states currently are.

Finally, there is the contention that the state will not allow such a system to replace its monopoly. The state is quite profitable to those who run it and those who benefit from its influence, and they will not simply surrender this power. This would be the ultimate result of losing a monopoly on criminal law, as a private law system would treat government crimes committed under color of state law as though they were committed by private citizens. This is why liberty requires revolution, as the answer to the state disallowing a challenge to its power is to put it out of a position of being able to allow or disallow anything.

Conclusion

While government will not hold government accountable, the people living under it can, and it is they who must do it if they wish it done. The above market solution outlines an alternative to the statist criminal justice system, but it is up to the citizens afflicted by state crimes to build and operate such a system. The sooner this is done, the sooner all people can be held to the same basic standard of conduct and the crimes of the state can end.

 

On Libertarianism and Punishment

At its core, libertarianism is an answer to the question of when it is appropriate to use force. It says that initiating the use of force is never acceptable, while using force to defend against a force initiator is always acceptable. But what should be done once a force initiator is subdued? Let us explore what libertarianism allows in terms of punishments for aggressors.

Punishment Defined and Defended

The first step in constructing a rational case is to define terms. The Oxford English Dictionary defines punishment as “the infliction or imposition of a penalty as retribution for an offense.” The Merriam-Webster offers two definitions for our purpose: “suffering, pain, or loss that serves as retribution” and “a penalty inflicted on an offender through judicial procedure.” So there is an aspect of retribution, of being deprived of something for having deprived someone else of something; and there is an aspect of force, of inflicting or imposing such a deprivation. The question, then, is what sort of deprivation may be forced upon an offender within the bounds of libertarianism.

The first thing to note is that it is improper to punish someone who has not initiated the use of force. Thus, all punishments for so-called “victimless crimes” which are not necessary to stop further acts of aggression should be abolished. The next consideration is what form a punishment may take. In other words, what may one justly be deprived of for having deprived someone else? Rothbard writes[1],

[M]ust we go along with those libertarians who claim that a storekeeper has the right to kill a lad as punishment for snatching a piece of his bubble gum? What we might call the ‘maximalist’ position goes as follows: by stealing the bubble gum, the urchin puts himself outside the law. He demonstrates by his action that he does not hold or respect the correct theory of property rights. Therefore, he loses all of his rights, and the storekeeper is within his rights to kill the lad in retaliation. I propose that this position suffers from a grotesque lack of proportion. By concentrating on the storekeeper’s right to his bubble gum, it totally ignores another highly precious property right: every man’s − including the urchin’s − right of self-ownership. On what basis must we hold that a minuscule invasion of another’s property lays one forfeit to the total loss of one’s own? I propose another fundamental rule regarding crime: the criminal, or invader, loses his own right to the extent that he has deprived another man of his. If a man deprives another man of some of his self-ownership or its extension in physical property, to that extent does he lose his own rights. From this principle immediately derives the proportionality theory of punishment − best summed up in the old adage: ‘let the punishment fit the crime.’”

He asserts this but does not justify it, so let us do so. Libertarianism is a logical construct, therefore it is subject to logic in the form of consistency. To claim a right for oneself while violating the equivalent rights of another person is hypocritical and logically inconsistent, therefore it cannot be rationally advanced in argument. (Of course, this subjective variety of pragmatic contradiction only applies to the hypocrite; it would be absurd to argue, for instance, that all people lose their right to private property just because one thief steals something.) Nor could it be rationally advanced in a court setting, as the legal doctrine of estoppel would prevent it. Thus, a criminal loses his own rights to the extent that he has deprived other people of theirs, and one should be able to kill murderers, beat up assailants, take property from thieves, imprison slave-masters, and so on in proportion to the crimes an aggressor commits, subject of course to liability for attacking an innocent person. For who can rightly object to a taste of one’s own medicine?

Retribution and Restitution

While retribution in kind is within the logical boundaries of libertarianism, a result in which the aggressor is punished and the victim is made whole is self-evidently more just than a result in which the aggressor is punished only. Therefore, it is best for retribution to take the form of restitution, in which a criminal compensates his victims. Sometimes a criminal will agree to make restitution, and sometimes force must be used to compel the criminal to make restitution. In this sense, there can be both the aspect of retribution and the aspect of force described above.

Next, we must consider what constitutes proper restitution. Rothbard writes[2],

“But how are we to gauge the nature of the extent? Let us [consider] the theft [of] $15,000. Even here, simple restitution of the $15,000 is scarcely sufficient to cover the crime (even if we add damages, costs, interest, etc.). For one thing, mere loss of the money stolen obviously fails to function in any sense as a deterrent to future such crime (although we will see below that deterrence itself is a faulty criterion for gauging punishment). If, then, we are to say that the criminal loses rights to the extent that he deprives the victim, then we must say that the criminal should not only have to return the $15,000, but that he must be forced to pay the victim another $15,000, so that he, in turn, loses those rights (to $15,000 worth of property) which he had taken from the victim. In the case of theft, then, we may say that the criminal must pay double the extent of theft: once, for restitution of the amount stolen, and once again for loss of what he had deprived another. But we are still not finished with elaborating the extent of deprivation of rights involved in a crime. For A had not simply stolen $15,000 from B, which can be restored and an equivalent penalty imposed. He had also put B into a state of fear and uncertainty, of uncertainty as to the extent that B’s deprivation would go. But the penalty levied on A is fixed and certain in advance, thus putting A in far better shape than was his original victim. So that for proportionate punishment to be levied we would also have to add more than double so as to compensate the victim in some way for the uncertain and fearful aspects of his particular ordeal. What this extra compensation should be it is impossible to say exactly, but that does not absolve any rational system of punishment − including the one that would apply in the libertarian society − from the problem of working it out as best one can.”

In short, we have a principle that Walter Block calls “two teeth for a tooth,” plus some extra amount. As Rothbard correctly notes, it is impossible to precisely calculate what this extra amount should be, as there is no price system which would allow one to do so and no way to examine a counter-factual world in which the crime was never committed to see what difference was truly made in the victim’s life. A critic may claim that this makes the theory impractical, but in practice this extra amount would be decided by mutual agreement between the criminal, the victim, and any hired agents they may have.

We speak, of course, only of the maximum allowable extent of punishment. A victim has the option to negotiate an agreement with the criminal to reduce or even eliminate the criminal’s obligation to perform restitution.

Forms of Punishment

We have considered matters of material restitution once an aggressor is subdued. But what about matters in which an aggressor is not subdued, or matters where such restitution is impossible?

If an aggressor is active, then any amount of force necessary to subdue the aggressor may be used, for any standard short of this would not only fail to be logically consistent, but would allow an aggressor to succeed simply by escalating the use of force beyond what his victims are allowed to use in defense. The only permissible limitation on defensive force is that which ceases to be completely defensive. Rothbard writes[3],

“How extensive is a man’s right of self-defense of person and property? The basic answer must be: up to the point at which he begins to infringe on the property rights of someone else. For, in that case, his ‘defense’ would in itself constitute a criminal invasion of the just property of some other man, which the latter could properly defend himself against.”

This leads to some implications which many prominent libertarian thinkers appear to have missed. Most libertarians unequivocally condemn the use of torture for any reason, but there is nothing within libertarian theory which does so. What libertarian theory cannot justify is the use of torture against a non-aggressor, such as an aggressor’s family or friends, or someone not known to be an aggressor. Thus, we are restricted to using torture only in scenarios like that of a ticking time bomb which was set by a terrorist. The bomb will detonate before all innocent people could be evacuated from the area, a particular terrorist or group of terrorists is known to be responsible, and the terrorist(s) will not provide the means of deactivating the bomb unless they are tortured. Their active attempt to deny the self-ownership of other people by blowing them up estops them from claiming their own self-ownership, so any means necessary to stop their aggression may be used against their bodies, including torture. However, we should be wary about putting the power to torture into the hands of the state, as its agents have shown on countless occasions that they will not adhere to the above limitations. They have, in the words of Radley Balko, “not used it competently, abused it, and found new, inappropriate contexts in which to use it.”

As with torture, many libertarians condemn the use of corporal punishment as barbaric and counterproductive. Most such arguments focus on the spanking of children as a grotesque violation of the non-aggression principle, and these arguments are not wrong. But for an aggressor who has reached maturity and assaulted someone, these are merely aesthetic and utilitarian concerns which play no role in libertarian theory. Rothbard writes[4],

“In the question of bodily assault, where restitution does not even apply, we can again employ our criterion of proportionate punishment; so that if A has beaten up B in a certain way, then B has the right to beat up A (or have him beaten up by judicial employees) to rather more than the same extent.”

At issue is not a concern of efficacy (for how shall this be measured?) or even deterrence (though this is an important side effect), but a concern for logical consistency.

While there are several offenses for which exact restitution is impossible, in that no amount of money can undo the psychological damage of a rape or a kidnapping, there is no possible restitution for the crime of murder, as it is impossible to make the victim whole in any way. Block writes,

“What the murderer has done, essentially, to his victim is, in effect, steal his life away. If there were but a machine that could transfer the life out of the dead victim and into the live murderer it would be the paradigm case of justice to force him into this machine, and make him disgorge the life he had stolen. It would be a matter of supreme injustice to refuse to do so.”

But no such machine exists (or may ever exist), so there is no result in which the aggressor is punished and the victim is made whole. We are then left to choose between a result in which the aggressor is punished or a result in which the aggressor is free to murder again. Although the victim, being dead, cannot negotiate anything with the murderer in terms of forgiveness or of buying one’s way out of the penalty for murder, this is not an intractable problem. Rothbard writes[5],

“In short, within the limits of his proportional right of punishment, the victim should have the sole decision how much, if at all, to exercise that right. But, it has been pointed out, how can we leave the decision up to the victim in the case of murder, precisely the one crime which removes the victim totally from the scene? Can we really trust his heir or executor to pursue the victim’s interests fully and wholeheartedly, especially if we allow the criminal to buy his way out of punishment, in dealing directly with the heir? …The answer is to deal with the problem in the same way as any wishes of a deceased person are obeyed: in his will. The deceased can instruct heirs, courts, and any other interested parties on how he would wish a murderer of his to be treated. In that case, pacifists, liberal intellectuals, et al. can leave clauses in their wills instructing law enforcement authorities not to kill, or even not to press charges against a criminal in the event of their murder; and the authorities would be required to obey.”

Rothbard neglected to mention one caveat here. While the heirs and the authorities could be obligated not to prosecute or punish a murderer if the victim left a will to that effect, no such limitation exists upon a third party acting solely out of concern for logical consistency and personal safety. As explained above, a murderer forfeits self-ownership, so while the courts may be bound by contract and the victim’s will not to kill a particular murderer, the courts would also have no cause to prosecute someone else who did kill the murderer. A critic may claim that this standard risks the devolution of civilization into a murderous free-for-all, but a person who kills a non-murderer becomes a murderer himself, subject to all penalties thereof. This creates a potent disincentive against killing someone in the name of eliminating murderers who enjoy freedom unless one is absolutely sure that one has the correct target. Another objection is that such a killing deprives a murder victim’s family of what restitution they could get in the form of making the murderer work for them, but an outsider to such an agreement is not necessarily bound by it, depending upon what arrangements he may have with various court companies and defense agencies.

Finally, there is one punishment that one may undoubtedly inflict upon anyone for any reason without any need for judicial oversight: ostracism. To be denied association with one’s fellows as well as with one’s trading partners by said fellows and trading partners can certainly meet all of the above definitions of punishment. Psychologists have found that the pain of ostracism is quite similar to the pain of physical injury in terms of the effect it has on a person. The long-term effects that an episode of ostracism has make it an effective way to enforce beneficial social norms without violating the non-aggression principle.

Conclusion

Contrary to some narrower interpretations of libertarian thought, there is a great deal of room within the bounds of libertarian theory for the punishment of criminals. Not only is forced restitution appropriate for the persistent offender, but there are cases in which corporal punishment, torture, and even assassination could be morally justifiable.

References:

  1. Rothbard, Murray (1982). The Ethics of Liberty. p. 80-81
  2. Rothbard (1982), p. 88-89
  3. Rothbard (1982), p. 77
  4. Rothbard (1982), p. 89
  5. Rothbard (June 1978). The Plumb Line: The Capital Punishment Question. Libertarian Review, Vol. 7, No. 5, p. 14