We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Titania McGrath takes to the stage

Whilst the British ‘comedy’ circuit has long been the preserve of the Left, events have taken a dramatic turn as Titania McGrath, radical socialist, feminist, intersectionalist, Twitter SJW par excellence and all-round good egg has escaped from Twitter into real life and has brought her insight to the stage.

The Culture War rages on.

Eat, drink and be merry. Tomorrow comes the Ice.

Hat tip to Ed Driscoll of Instapundit for at least giving Britain a few hours’ notice of its icy doom.

The news was first reported by Mark Townsend and Paul Harris in the Guardian‘s Sunday sister the Observer on Sun 22 Feb 2004. Since the world did not take the preventative measures the experts warned were necessary it is clear that nothing can save us now:

Now the Pentagon tells Bush: climate change will destroy us

· Secret report warns of rioting and nuclear war
· Britain will be ‘Siberian’ in less than 20 years
· Threat to the world is greater than terrorism

A secret report, suppressed by US defence chiefs and obtained by The Observer, warns that major European cities will be sunk beneath rising seas as Britain is plunged into a ‘Siberian’ climate by 2020. Nuclear conflict, mega-droughts, famine and widespread rioting will erupt across the world.

Let’s just accept that we live in a low-probability timeline

Continuing my series of “Newspaper headlines mentioning vaguely newsworthy persons that I thought at first sight were jokes but turned out to be literally true”,

Prominent lawyer Jolyon Maugham clubs fox to death while wearing kimono.

Well, I suppose it is traditional to kill foxes on Boxing Day.

Yesterday’s entry: The Attorney General reads “‘Twas the Night Before Christmas”

The Attorney General reads “‘Twas the Night Before Christmas”

Like it says on the tin, here is a video in which Geoffrey Cox reads ‘Twas The Night Before Christmas.

No political point is being made. I just thought he read it rather well. If the politics gig doesn’t work out, a more respectable career awaits him as a voiceover artist.

Happy [insert festival of choice here, including but not limited to Christmas and Wednesday] to all our readers.

Lawyers having a riot – in a hospital – some killed

I am surprised that this story from Pakistan – perhaps this is real ‘lawfare’? –

Three die as marauding Pakistan lawyers rampage through cardiac hospital

has not gained more attention, there is a paywall but there is other coverage. The gist of it is that after a dispute at a cardiac unit over priority for treatment, and insults being traded between physicians and lawyers, a riot of lawyers ensued that the Pakistani police could only contain with military assistance, and there are unconfirmed reports of patients dying after either being attacked by lawyers or deserted by medical staff.

Breitbart has the story too, with a death toll of around 12.

A mob of two hundred lawyers attacked the Punjab Institute of Cardiology (PIC) in Lahore, Pakistan, on Wednesday, causing at least 12 deaths, several of them critical care patients whose treatments were interrupted by the riot.

The swarm of lawyers was armed with firebombs and a number of handguns. Police cars were set ablaze during their confrontation with riot police, while the hospital suffered damage to windows, doors, and delicate equipment inside.

The genesis of the dispute is reported as being:

The bizarre rampage was touched off by a scuffle on Tuesday that sounds like a comedy skit gone horribly wrong: a lawyer demanded priority treatment at the hospital, the doctors said no, and the lawyer marched off to the local police station to demand they arrest the recalcitrant doctors on terrorism charges.

When the police said no, the infuriated lawyer returned to the hospital with some of his colleagues for a confrontation with the doctors, who filmed the ensuing confrontation and posted the video online with commentary mocking the lawyers. The following day, a mob of two hundred enraged lawyers descended upon the hospital and began trashing everything from parked cars to medical equipment.

So the good news is that Pakistan’s police have a firmer grasp of the concept of the rule of law than this gang of lawyers.

The hospital itself is the Punjab Institute of Cardiology, which provides free health care to almost 500,000 patients a year. Presumably it is State-funded, but there may be some religious charitable giving. It does accept donations for patient welfare, and provides private treatment in the evenings.

So why couldn’t the uppity lawyer who started this have waited till the evening and paid for some private care?

There may be more to this than meets the eye, the article alludes to long-running tensions between lawyers and doctors in Lahore (but no reason for them). A local lawyers’ rep. doesn’t seem to be particularly conciliatory:

The vice chair of the Pakistan Bar Council, Syed Amjad Shah, condemned the violence but described it as “the individual act of a few lawyers” while blaming the doctors for starting the fight by “misbehaving.”

Presumably the ‘lawyer’ pictured pointing a pistol in this local piece fully complies with the rules of professional conduct? In the USA, he might be simply vigorously demonstrating the Second Amendment.

What is the answer to this sort of behaviour, apart from rigorous law enforcement? It is, I suppose, a backhanded compliment to Pakistan’s hospitals that people will kill if denied priority treatment. Why doesn’t the NHS provoke such passions?

Democratic workers’ control of football!

Labour promise football fans a say over their club’s choice of manager

“Labour will put fans at the heart of football by giving them a far greater say over the way their clubs are run,” she said. “We will provide them a say over who their manager is, allow safe standing, and make sure all stadiums are fully ­accessible.”

This enhanced fan ­influence, which is likely to be ­resisted by most clubs and leagues, relates to legislation should Labour win next week’s general election that would allow accredited football supporters’ trusts to purchase shares and change at least two directors if the club changes owner.​

*

The organs of Workers’ Control have the right to supervise production, fix the minimum of output, and determine the cost of production.

Goats save the Reagan library

News comes to us that creatures more commonly associated with destruction, a herd of goats in California, have helped to preserve the Reagan Presidential Library by the simple act of eating scrub, thereby clearing brushwood, as the BBC put it:

In May, the library hired the goats to clear flammable scrub surrounding the complex as a preventative measure.
The goats ate the brush, creating a fire break that slowed the flames and gave firefighters extra time to react.
The library near Los Angeles was threatened by the Easy Fire, the latest in a spate of fires causing evacuations and power cuts across the state.
The caprine contractors included Vincent van Goat, Selena Goatmez and Goatzart. They helped save exhibits including an Air Force One jet and a piece of the Berlin Wall.
We were told by one of the firefighters that they believe that fire break made their job easier,” Melissa Giller, a library spokeswoman, told Reuters.

Well at least the firemen in California recognise the worth of a fire break, and some act prudently to preserve property using forward planning.

Perhaps these caprine fire fighters will become the go-to contractors for those Californians who don’t wish to be incinerated? How long before Sacramento regulates goat use (more than it probably already does, I have no idea?) lest something be left of the Goaten State?

Personally, I’d put them in the State Legislature with some statute books and whatever laws they eat are repealed, surely that would be an improvement? Then they could move on the State Supreme Court.

This is the country Dems wish an open border with ???

Then the coup de grace: as the Chapo sons’ forces engaged in direct combat with their own national military, kill squads went into action across Culiacán, slaughtering the families of soldiers engaged in the streets.

The report is from an (understandably!) anonymous informant, h/t instapundit, who comments,

This is getting very little coverage in the US

(The BBC covered it yesterday but it’s off their website frontpage today and searching ‘Mexico’ doesn’t find it – you have to know the story specifics to find it.)

We want a less open border with the EU, but I have to admit this kind of thing makes the Calais camp, and even Merkel’s million, look tame by comparison.

Expelled from his profession, financially ruined, officially deemed to be a a sexual abuser

So what did the perp actually do?

Dental Hygienist Loses License, Labeled Sex Offender For Sleeping With Client – His Wife

Note that Alexandru Tanase’s story involves that modern equivalent of the Roman delator, the Facebook nark:

After one of the treatments, his wife, Sandi Mullins, posted a picture with Tanase. The former dental hygienist wrote on Facebook that in the “summer of 2016, a complaint was filed with the CDHO by a former friend and Facebook acquaintance of my wife’s, who saw a photo my wife posted, saying how happy she was with her dentist and what an amazing dental hygienist she had.”

We have always been at war with Vapasia

India bans e-cigarettes as global vaping backlash grows

India has announced a ban on electronic cigarettes, as a backlash gathers pace worldwide about a technology promoted as less harmful than smoking tobacco.

[…]

“The decision was made keeping in mind the impact that e-cigarettes have on the youth of today,” India’s finance minister, Nirmala Sitharaman, told reporters in the capital, New Delhi.

[…]

The government said it would advance tobacco control efforts and contribute to a reduction in tobacco usage. Punishments include up to a year in prison.

[…]

According to the World Health Organization, India is the world’s second-largest consumer of traditional tobacco products, which are not covered by the new ban, killing nearly 900,000 people every year.

[…]

India is also the world’s third-largest producer of tobacco, the WHO says, and tobacco farmers are an important vote bank for political parties.

How to hand in your resignation

I thought about putting this in The Great Realignment, but the link to politics is slight. This is more about fantasy fulfilment. Have you ever dreamed of telling a bad boss what you think of him? Have you ever dreamed of telling the world what you think of your bad boss, shortly before making him your ex-boss? Meet Gareth Arnold, who until today seems to have handled the Twitter account for Jared O’Mara MP, regarded by all sides as the most useless MP in Parliament today. Actually as of now (20:36 BST) Mr Arnold still is handling Mr O’Mara’s account but Mr O’Mara may not be entirely happy with that.

The first indication that something was up came at 8:03. A tweet allegedly from Mr O’Mara said,

Jared O’Mara
@jaredomaramp

Comms Team signing off… forever: Jared, you are the most disgustingly morally bankrupt person I have ever had the displeasure of working with. You do not care about your constituents. You do not care about anyone but yourself.

Thick and fast they followed:

I cannot and will not defend you and your vile, inexcusable contempt for the people who voted you in. You selfish, degenerate prick.

*

My fear is that now (as I quit) the rest of the staff will leave and once again you will close your office and stop helping anyone but still take your wages until you have the decency to call a byelection.

*

Leaving constituents desperate for representation again. No matter if they are having their homes taken away, their liberaties disgraced or being deported because of your inaction.

*

Sheffield Hallam deserves so much better than you. You have wasted opportunities which people dare not to even dream of.

*

Consider this my resignation.

Thanks

Gareth Arnold
– @garetharnolduk

“GnasherJew” has archived the thread to keep it for posterity.

P.S. In other news, Boris Johnson will be made PM tomorrow.

Have we vanished into the night?

The good folk at Lawyers for Britain have published a short paper by an eminent QC, recently retired, on whether or not the latest ‘extension’ of the ‘Article 50’ 2 year period for making arrangements to leave the EU is valid, if it is not, the upshot of this would be that the UK left the EU at 23.00 hours on 29th March 2019 (without anyone realising it).

The author of the piece, Stanley Brodie QC, puts his argument around the way in which Article 50 is worded, and suggests that there was only power within Article 50 for one extension to the negotiation period, which the hapless Mrs May used up in her botched attempts at getting an extension to ram through Parliament her ‘Withdrawal Agreement’.

Our learned friend’s view of the proviso for an extension of Article 50 includes:

The proviso could not be used to reopen, or continue, never ending debate. Nor can it be used as a general power to extend time.

One might hope, but this is the EU. He also says that when the EU made a counter-proposal for extension of the negotiation period with the UK, this was not lawfully done.

On 25th March 2019, the UK government set out its plans for delaying departure, in brief, there was this announcement:

“3. However, the agreement reached with the EU provides for two possible durations:
a. An extension to 11pm on 22 May 2019 if the House of Commons approves the Withdrawal Agreement by 29 March; or
b. An extension to 11pm on 12 April 2019 if it does not, before which the UK would need to put forward an alternative plan on decide to leave without a deal.
4. The Government has therefore laid today, Monday 25 March, a draft SI under Section 20(4) that provides for both these possibilities; …”

Mr Brodie’s view includes the following:

The Agreement provides for two possible durations; whereas the proviso to paragraph 3 provides for a unanimous decision “to extend this period”. The two concepts are wholly different. Extending “this period” is one outcome; two possible durations, without any certainty, are certainly something else, not authorised anywhere in Article 50. If one can have two hypothetical durations, can one make an Agreement under Article 50 which includes more than two durations – a kind of take your pick deal? It is obvious that such an arrangement would be incompatible with the need for an orderly, or credible exit from the EU. The conclusion, I would suggest, is that the Agreement used and implemented by the Prime Minister, Mr Barnier and President Tusk was unlawful and ultra vires Article 50. It was without any legal foundation in accordance with Article 50. Purporting to use their Agreement as compliance with the requirements of Article 50, paragraph 3, and in particular its proviso, was unsustainable. That meant that the illegal nature and purpose of the Agreement invalidated it; there was no unanimous decision to “extend this period”. The requirements of Article 50 were ignored. It was not an application to extend this period as required by the proviso.

Our learned friend also takes issue with the advice given by Civil Servants to Parliament (well, the House of Commons iuam) about what was going on around the various extensions, I have added some emphasis:

5.2 Next, on or about the 14th March the Government issued a note entitled Parameters of Extending Article 50. It contained inter alia the following statement:
What are the legal requirements for an Article 50 Extension set out in the EU Treaties?
The Article 50 period is set at 2 years unless, as provided for in Article 50 “the European Council, in agreement with the Member State concerned, unanimously decides to extend [it]”. Article 50 does not establish any upper limit on the length of an extension. However, given the Article 50 period is explicitly time-limited, any extension would have to set a specific end date, because it is necessary for reasons of legal certainty to be clear on the date on which the UK will leave the EU.”

5.3 It is at this point that there occurs a curious mishap. The first and second lines of the quotation purport to be an accurate reproduction of Article 50. They are not. If one looks at Article 50, it is apparent that the last three words of paragraph 3 are “extend this period”; but in the quotation the last two words are “extend [it]”. So the version put out by the civil servants was false. The differences in meaning between the two versions were considerable.

(a) The true version
Under this version the EC and the Member State can agree to extend “this period”. This period is the two year period after which the Member State ceases to be a member of the EU automatically. But it would appear that the power to extend Article 50 can only be used once; “this period” appears to be limited to the two year period, making it clear that no further extensions to Article 50 could be made. That would certainly curtail any power to make any further extension.

(b) The false version
The last four words of this version of Article 50 now read “decides to extend it”. The wording of this version is apt to enable the Prime Minister to seek as many extensions to the Article 50 process as she wishes; she is no longer inhibited by the restrictions contained in Article 50. It is relevant to point out that in the Parameters paper there appears this statement at paragraph 2:
“This paper provides a factual summary to inform parliament’s debate on that motion”.
5.4 So the civil servants responsible for briefing parliament to enable an informed debate to take place, themselves were misleading it. The alteration of the text of Article 50, and of the proviso to paragraph 3, must have been deliberate.

The beneficiary of this misconduct was the Prime Minister, who could and did arrange for extensions of time without hindrance. The text of the Parameters paper makes it clear that the civil servants had no qualms about extensions or their supposed length and legal foundation. October 31st 2019 is the latest.
This is a truly alarming state of affairs; it should be exposed sooner rather than later.

In summary, he includes the following:

(i) The application by the Prime Minister for an extension of time until June 30th under the proviso to Article 50, made on or about the 14th March 2019, was legally valid, but was rejected by the EU.

(ii) This was followed by the Agreement proposed by the EU. It did not comply with the terms of the proviso; nor was Article 50 referred to or relied on by the EU. It was not effective to stop the Article 50 process running up to and including the 29th March at 11 p.m. Whichever way one looks at it, the Agreement was either unlawful or made for an unlawful purpose or ultra vires .That means that the UK left the EU on the 29th March 2019 by default as there was no valid or lawful impediment to prevent it.

I am not aware of any proposals to test these arguments by seeking a declaration from the High Court, which would be the usual method for deciding a question of law regarding the UK’s affairs. I would say that even if these arguments have merit, I am afraid that I doubt that any application would get a fair hearing in the UK.

However, wouldn’t it be a superb outcome for Mrs May to have taken us out of the EU by accident without realising, and therefore to have resigned by mistake, should she carry out that avowed intent? She would become the ultimate, Universal Champion clusterf*ck politician of all time, although she’s probably made that podium already.

ADDENDUM: APL points out that there is apparently a legal case brought by Robin Tilbrook of the English Democrats. The most that I can find about his case, which appears to rely on some other matters, is here.