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Damien Phillips, a friend of mine, has an excellent article on why Theresa May’s “Brexit-in-name-only” stance is so bad. One reason, he states, is that it keeps the UK within the odious embrace of the European Arrest Warrant system. So far, the EAW hasn’t been the kind of issue to get most people, even most Brexiteers, exercised. But in many ways it represents some of the worst features of what the EU now is.
As the Daily Telegraph is behind a paywall, here are a few choice paragraphs:
The Prime Minister and the British establishment are simply unwilling to recognise the risks that ‘close cooperation’ on security with the European Union poses for the United Kingdom. Such is the desperate desire to maintain close ties, they are blind to the gathering storm in key parts of Continental Europe.
Due Process, a cross-party campaign group launched by, amongst others, the Chairman of the 1922 Committee Graham Brady MP in late 2017, has been fighting an uphill battle to highlight the serious abuses and injustices being perpetrated by EU member states against both their own citizens and ours. Their latest report explodes the presumption, alarmingly pervasive amongst the British judiciary, that EU member states will comply with their obligations under the EU Charter of Fundamental Rights and the European Court of Human Rights.
This idea underpins the entire EU project and in particular the European Arrest Warrant (EAW) system of extradition, based on the ludicrous proposition that all EU member states have legal systems of equivalent probity and repute.
These damning findings are echoed by Fair Trials International, whose recent review of the operation of the EAW uncovers a Kafka-esque nightmare for ordinary citizens. Reviewing over 220 extradition case files and interviewing more than 250 legal experts, they find the EAW being used disproportionately to force people into lengthy pre-trial detention away from home, exposing them to appalling prison conditions, leading to job losses and separation from their families, and putting them at the manifest risk of having an unfair trial.
Both reports should be alarming for anyone who can see the security implications of a collapse of basic legal standards in countries that Britain is sharing intelligence, security and law enforcement information with. States without effective legal institutions are highly vulnerable to corruption, making them prime targets for Russian infiltration and destabilisation. Combine this with the EAW which allows any British citizen or resident to be directly targeted by any EU state they draw the ire of and you have a recipe for “lawfare” on a grand scale. Once a legal system resembles that of the Russian Federation, there is nothing to stop authoritarian politicians or rapacious intelligence services operating with impunity and exploiting the judiciary for their own wicked ends.
It is in light of this crisis that the Irish High Court recently issued a landmark judgement to halt all extraditions to Poland because they can no longer trust the Polish judiciary to deliver a fair trial. Likewise, German courts have blocked politically motivated attempts to extradite the Catalan leader, and even Costa Rica and Serbia have granted political ‘refugee status’ to what are now recognised as being Romanian dissidents.
In the face of the mounting evidence, our Prime Minister continues with her reckless desire to keep our membership of the EAW intact and to cooperate unconditionally with states whose judicial and state machinery are plumbing the depths of Russia, Romania and Turkey.
Instead, the PM should proactively shun the EU’s one-size-fits-all security and legal architecture. She should name and shame those EU member states that don’t fulfil the high standards required for a security partnership with the UK, while calling out the European Commission for its total failure to ensure respect for the rule of law and human rights across the EU. She should reject any form of jurisdiction by the European Court of Justice which has done a parlous job of preventing abuse of an increasingly toxic and politicised EAW system.
In this new age of lawfare, the PM must implement an immediate review of Britain’s extradition treaties, where necessary imposing interim measures to halt all extraditions to those countries that are so clearly falling short of the basics of due process and human rights. The government should enable a “prima facie” evidence test on those governments suspected of foul play or with potentially corrupt legal institutions. Under such a system the burden of proof would be placed on the prosecuting authority and a case would have to be proved to have sufficient evidence to justify a trial – standard practice under English common law.
This new system would have the granular flexibility not just to treat all other states on the basis of equality and reciprocity. It would avoid the wishful, fantasy land thinking of Brussels, and instead rely on the hard-headed reality and principles that have evolved through English common law over many centuries.
“In relation to the Irish border, we need to be tougher and call the EU’s bluff. Currently a border already exists between the UK and Ireland – in currency, VAT, excise duties and security which do not present any problems at all. Using new technology as well as extending schemes such as the Authorised Economic Operator scheme means any post-Brexit customs checks can be done without a hard border. The EU insists on customs checks but in reality no UK or Irish Government would ever accept a hard border. Those making the case for the Chequers plan off the back of threats about the Irish border are simply playing into the EU’s hands.”
– Ross Thomson, MP.
“As for those “bad ideas” the Kochs have, they’re the reason for whatever governing success Mr. Trump has had so far. Pro-growth cuts in tax rates, deregulation and originalist judges have been the most successful parts of the Trump agenda. And they were Koch beliefs when Mr. Trump was still donating to Bill and Hillary Clinton. The President gets credit for winning the election and making the policies happen, but the Kochs also gave his agenda major support over the last two years. Contrast that success to Mr. Trump’s immigration agenda, which has gone nowhere in Congress; his ill-thought border enforcement that ended up in the debacle of family separation; and the tariff assault that has so far raised costs for U.S. consumers and producers without any compensating trade opening. Whose ideas are the “bad” ones?”
– Wall Street Journal.
“What all of this points to is a new kind of protest. There is a new generation for whom protesting is largely indistinguishable from a music festival. It has the same vibe, the same style, and the same constituency: the non-working classes, who define themselves through culture rather than labour, and who see themselves as having more in common with global technocratic institutions like the EU than they do with some of the people who live in their own towns (but on the other side of the tracks). If this is radicalism – which it isn’t – then it is passive radicalism. It is an entirely contradictory phenomenon, where on the one hand protesters are telling us actual Nazism is making a comeback, but on the other hand they’re not going to do anything about it except chill out in Trafalgar Square and post to Instagram a photo of them and their friends holding a ‘FUCK TRUMP’ placard.”
– Brendan O’Neill
I avoided all this dreck by spending the weekend in South Devon, drinking local beer, swimming in the sea and walking on the hills above, with no internet access, no TV (which meant not watching the World Cup final). Heaven.
A few weeks ago in central London, I watched a group of protestors holding aloft anarchist signs as they demanded greater government spending. They seemed almost as confused as the fellow who tweeted me his denunciations of globalisation the other day – using a mobile device made in Korea and software written in California.
– Douglas Carswell, Rebel, page 295.
Recent acts of manly valour have all come from men from traditional cultures where they’ve never heard of sexual politics. We recently watched online as Mamoudou Gassama, an illegal migrant from Mali, scaled a tower block in a Paris suburb to save a child about to fall to his death. ‘Luckily, there was someone who was physically fit and who had the courage to go and get the child,’ a firefighter told a French news agency. We can’t call them firemen, although that is what they were. No French man or woman came forward to save the child. In 2015 a migrant from Tunisia rescued two children from a burning building near Paris.
– Jane Kelly
This story, via that well-known extreme rightwing news outlet, Associated Press (sarcasm alert) ought, given the enormity of what is stated, surely lead to former President Barack Obama having his collar felt by the Feds. But he won’t of course because he was “hope and change”:
WASHINGTON (AP) — After striking an elusive nuclear deal with Iran, the Obama administration found itself in a quandary in early 2016: Iran had been promised access to its long-frozen overseas reserves, including $5.7 billion stuck in an Omani bank.
To spend it, Iran wanted to convert the money into U.S. dollars and then euros, but top U.S. officials had repeatedly promised Congress that Iran would never gain access to America’s financial system.
Those assurances notwithstanding, the Obama administration secretly issued a license to let Iran sidestep U.S. sanctions for the brief moment required to convert the funds through an American bank, an investigation by Senate Republicans released Wednesday showed. The plan failed when two U.S. banks refused to participate.
Yet two years later, the revelation is re-igniting the bitter debate over the nuclear deal and whether former President Barack Obama was too eager to grant concessions to Tehran.
All those friends of mine on the libertarian side who rightly get annoyed by Donald Trump will, I trust, be equally oxidised about what the Obama administration has got up to. The situation is shocking because, in recent years, dozens of foreign banks have been punished by US authorities for breaching sanctions against countries including Iran. The most egregious breach was by French banking group BNP Paribas, paying a fine to the US totaling $8.9 billion. (One wonders if President Macron of France will lobby Donald Trump to refund some of this cash to France, if the previous administration was crapping on its own rules about sanctions.)
Here is Ben Shapiro going into the increasingly unhinged one-sided media coverage of US public affairs.
Back to the original article, it seems important to me that it is AP, not just a blog or some YouTube commentator, that has spelled out in devastating detail the dishonesty of the Obama administration over Iran. I recall (yes, I am that old), how White House shenanigans over Iran (the 1986 Iran-Contra scandal) nearly brought down Ronald Reagan and led to multiple hearings, firings and resignations. Obama may now hope that, as a former POTUS, he can relax, do his netflix thing, play golf, give socialist speeches for big bucks, and occasionally vent on how terrible it is that Biff is reversing some of his policies.
But I do wonder. What powers, exactly, exist to bring a former Prez. to book for what appear to be lies on an epic scale, on matters affecting national security? OK, I do doubt that it could happen against the first non-white man to be elected to the office, but if there is any justice in this world, Obama should be contemplating life behind bars or at least, being made to sweat under intense questioning. The man is a snake and yet far too many intelligent people treat him as a sort of secular saint. It is nauseating.
Whatever your views on free market principles, it is clearly dishonest to imply that those who support tax cuts, lower government spending and greater economic freedom do so in the belief that some wealth will belatedly “trickle down” to the poorest in society or because they view entrenching wealth amongst the privileged as an end in itself. Free marketeers would instead argue that allowing people to pursue all the opportunities they can through free exchange, with the minimal amount of government interference, will lead to generalised wealth creation. The virtue of cutting taxes is not that it benefits the rich, but that it benefits everyone.
– Madeline Grant
The author is commenting on what appears to be a shoddy misrepresentation of the ideas of persons such as the late FA Hayek. Interestingly, one of the writers of the book in question, Angela Eagle, had attempted to run against current hard left Labour leader Jeremy Corbyn. But it appears Eagle’s understanding of the classical position is terrible and her opposition to such freedoms as we enjoy seems clear. So the question I ask is that if Eagle and her allies are the “moderates”, then in what ways can they possibly be any better than Corbyn, apart from perhaps being less indulgent to anti-semites and certain other thugs?
“Often people who do not wish to bear risks feel entitled to rewards from those who do and win; yet these same people do not feel obligated to help out by sharing the losses of those who bear risks and lose. For example, croupiers at gambling casinos expect to be well-tipped by big winners, but they do not expect to be asked to help bear some of the losses of the losers. The case for such asymmetrical sharing is even weaker for businesses where success not a random matter. Why do some feel they may stand back to see whose ventures turn out well (by hindsight determine who has survived the risks and run profitably) and then claim a share of the success; though they do not feel they must bear the losses if things turn out poorly, or feel that if they wish to share in the profits or the control of the enterprise, they should invest and run the risks also?”
– Robert Nozick: Anarchy, State, and Utopia, page 256. I suppose one answer to the question the late Prof. Nozick poses is that some people are parasites, and desire the unearned, and that socialist doctrines give their parasitism a gloss of intellectual credibility.
I have been re-reading this early 1970s book, seen at the time as a classic and which still holds up well.
The legitimacy of altering social institutions to achieve greater equality of material condition is, though often assumed, rarely argued for. Writers note that in a given country the wealthiest n percent of the population holds more than that percentage of the wealth, and the poorest n percent holds less; that to get to the wealth of the top n percent from the poorest, one must look at the bottom p per cent (where p is vastly greater than n), and so forth. They then proceed immediately to discuss how this might be altered.
– Robert Nozick, Anarchy, State, and Utopia (page 232).
By coincidence, a classic example of “the rich are gobbling up all the wealth and something must be done about it” mind-set was in perfect view in this Guardian article yesterday.
While I browsed for a few minutes in Hatchards, the bookshop, yesterday, I came across this book by Daniel Halliday, which attacks the right of people to bequeath their property to heirs, friends, etc. So in other words, the author thinks your wealth isn’t yours to give away. It is rare for such attacks on the right to transfer property to be stated so baldly. I might see if I can grab a review copy and read it, and maybe Fisk it later. (The book has already been reviewed from a fairly benign point of view in the Financial Times, here.)
I have been a user of Facebook for about a decade now and, to some degree, have grown weary of it. To some extent I have become worn down by the constant flow of outrage and venting on its pages from friends and acquaintances, and have started to see more signs of this sort of behaviour myself. I think Facebook is starting to become toxic, so I decided yesterday to go on a Facebook sabbatical, and do old fashioned stuff like read books, tend to my terrace garden and get out and about a lot more instead. And I suspect I’m not unique.
These thoughts of mine come up because there is mounting pressure, it seems, for lawmakers in Washington DC or other places to “do something” about Facebook following revelations about the use/misuse of users’ private data. My brief take on this is that anyone using Facebook should assume as a starting point that they are on a public forum, and exercise due care and attention. (I don’t use its messenger function and prefer Whatsapp instead, or indeed, good old email.) And no-one is forcing me to use Facebook. It may be inconvenient in some ways to give it the cold shoulder, but no more.
With that in mind I reject this sort of argument, in the Wall Street Journal, which ought to know better:
Facebook Inc.’s climb to the pinnacle of business success was nurtured by a grand policy experiment: that a light regulatory touch would turbocharge innovation and make consumers wealthier and happier. Companies who mistreated their customers would succumb to competitors, or be punished with rules already on the books.
The events of the last few months suggest the experiment may have run its course. It has left Facebook effectively an unregulated monopoly and despite founder Mark Zuckerberg’s latest apologies, the company has little economic incentive to change its ways. Its business is to sell its users’ attention to advertisers and thus it must keep pushing the boundaries on privacy, while the paucity of competition limits the consequences if it goes too far. If policy makers want to change that calculus—a big if—they will either have to enact tougher regulation, or use antitrust authority to nurture more competition.
There is no need to re-run the mistaken anti-trust wars against the Standard Oils or Microsofts of the past (both largely unjustified). Facebook will, unless it changes significantly in my view, be threatened most effectively by competition, as has been the case down the decades. The cycle is always the same: we are told that a firm is “too big” or a monopolist and that something must be done about it; and about the same time, new competitors and business models are taking form so that by the time the government action occurs, the new business models are already pushing into the field. This is the classic “creative destruction” of the free market and I don’t expect the situation with Facebook to be any different from earlier business episodes.
One final thought: the complaints about Facebook, a social media platform that was born in US higher education dorm-rooms, has all the trappings of a classic “First World” problem. In Syria, North Korea or Venezuela, I doubt very much that the locals’ main concerns are about people saying mean things on Facebook.
Here is a good take on the issue by Robert Tracinski.
Julian Jessop, at the Institute of Economic Affairs’ blog:
Few can have failed to notice that UK companies with 250 or more employees are now obliged to report specific figures about their ‘gender pay gap’. Supporters argue that the data are helping to expose the disadvantages that many women face in the workplace. In my view, though, the system is failing.
For a start, the data are frequently misunderstood and misrepresented. Variations in hourly wages or bonuses between men and women are often interpreted – wrongly – as evidence of different pay for the same work. This sort of discrimination would, of course, be illegal. It would presumably be uneconomic too; if women were indeed willing to do the same work for less money, they would surely be over-represented in the highest paying jobs.
Readers in the UK will also have noted an increase in volume of news stories about the so-called gender gap in pay and overall remuneration as it affects women. I am not dismissing concerns about this as fabricated or an example of Leftist mischief-making against the market economy, although I am sure such criticisms would be valid. But as Jessop says, there is a basic problem with the approach that many critics take in assuming that the State should “do something” about it, or that the simple fact of group A earning, on average, less/more than B is ipso facto proof of some wrong being committed. (I urge people to read the whole article; one of the most silly sleights of hands of those trying to make out that there is a major issue is to lump part-time and full-time jobs together.)
The great Thomas Sowell, debunker of many woolly ideas, has dealt with the gender gap issue, as the linked Youtube clip shows.
The US-based economist Tyler Cowen has argued that the gender gap will eventually close and it seems, largely for reasons unconnected to interference by the State.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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