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]

Martha Stewart

It seems likely that we will soon see a resolution of the government’s prosecution of Martha Stewart. Aside from the leaks from the negotiations regarding a possible plea deal, the most reliable of all possible omens has been sighted: Barbara Walters will conduct one of her patented powder-puff interviews with Martha.

From day one, I have been saying, based on my rusty recollections of securities law, that the feds have no case for insider trading against Martha because she is not an insider. I was delighted to read this article confirming my suspicion that the whole Martha Stewart thing has been an abuse of power by headline hungry New York lawyers and DC regulators.

You have regulators continuing to apply a legal theory on insider trading that has been repeatedly rejected by the courts, and which is ungrounded from any public policy other than class envy. You have prosecutors skipping over a whole raft of more culpable people to target Martha because they know they will get better headlines from attacking her.

It is interesting to note that, even under their rejected and discredited overbroad theory of insider trading, the feds were unable to put together a case against Martha, and are not pursuing insider trading charges.

What, then, is Martha being charged with?

The most serious criminal charge against her is not perjury or insider trading but securities fraud, based on the fact that she denied to the press, personally and through her lawyers, that she had engaged in insider trading. This was done, the feds say, not for the purpose of clearing her name, but only to prop up the stock price of her own publicly traded company, Martha Stewart Living Omnimedia. In other words, her crime is claiming to be innocent of a crime with which she was never charged.

The whole disgusting saga reads like a textbook example of abuse of power by regulators and prosecutors.

CBS gives in…

A few days ago I came across this in a post by The Dissident Frogman. An online boycott targeting companies that would buy advertising during the planned mini-series about Ronald Reagan broadcast by CBS. Those wishing to support could join the battle by signing up for email alert informing them which companies advertise on the CBS series.

Today, I saw the news that the mini-series has been cancelled. CBS said the four-hour final version of the film did not present a balanced portrayal of Mr Reagan and his wife, Nancy, and that proposed cuts did not address those concerns.

Over the past week, CBS has been under relentless attack on talk radio and the Internet, and boycottcbs.com had signed up over 100,000 members. It has also been speculated that the network had bowed to pressure from Washington where it is entangled in a contentious battle with the House and Senate over the relaxation of media ownership rules. So, is it a ‘victory’ for internet grassroots or just the usual political quid pro quo?

My prediction for the week

George Bush, in the upcoming election, will take at least 45 States. To a 70% confidence factor, he will sweep all but his Democratic opponent’s home State. The reasons for this are as one might expect:

  1. Even the liberal media and Democrats in Congress are beginning to admit the war on terror overseas is going well.
  2. All the contenders for the Democratic nomination, with the exception of Joe Lieberman, who’s candidacy looks quite shaky, are turning strongly away from the center.
  3. With no need to spend any money on a primary campaign at all, Bush will go into the general election with an unprecedented war chest, which may exceed $170,000,000.
  4. Bush’s one possible Achilles’ heel, the economy, is showing strong signs of recovery.

Free Tommy Chong

In a press conference yesterday, I heard President Bush proclaim (and he is likely correct) that the increased propensity of terrorist factions within Iraq to perpetrate ever more vicious attacks on ever softer targets is evidence that, like a wounded and dying beast, they are lashing out in their death throws. My words, not his.

We are seeing similar behavior from terrorist factions within the United States government – those promoting and carrying out the Evil War on Drugs. With both their mantra and their life’s work coming increasingly under question, and unable to strike any significant blow against their enemy’s core, they have turned their attentions more and more towards its soft periphery, and proceed to attack it in an increasingly vicious manner.

The most glaring example of this is the Justice department’s ‘Operation Pipe Dreams’, and its selectively harsh enforcement against actor and comedian Tommy Chong. → Continue reading: Free Tommy Chong

Tax increases coming?

Bruce Bartlett has an interesting perspective at National Review Online on when and how the next round of tax increases will be foisted on the American public. First, he reviews the legacy of that famous tax-cutting President, Ronald Reagan.

The year 1988 appears to be the only year of the Reagan presidency, other than the first, in which taxes were not raised legislatively. Of course, previous tax increases remained in effect. According to a table in the 1990 budget, the net effect of all these tax increases was to raise taxes by $164 billion in 1992, or 2.6 percent of GDP. This is equivalent to almost $300 billion in today’s economy.

Then, he looks at how past tax increases have been foisted on the US.

But when all the political and economic elites of this country gang up on a president to raise taxes, history shows that they always get what they want. Indeed, they were even able to get Bush’s father to raise taxes in 1990, even though his political advisers knew that it would likely lead to his defeat in 1992, which it did.

How do the elites break down presidential resistance to tax increases? They do so by promising the moon. Tax increases, they say, will lead to huge reductions in interest rates, which will power economic growth and reduce unemployment. The rich only pay them anyway, which makes the president look like a populist. And tax increases are the price that must be paid to get spending cuts.

This last point is especially laughable.

Actually, all the points are laughable, but the last one is the worst. Giving someone who is overspending a big raise is the best way to cut back on their spending, right? How dumb do they think we voters are?

Pretty dumb, obviously. Too bad the voters as a class don’t do anything to prove them wrong, like voting the duplicitous bastards out.

The article ends by noting that:

It will be interesting to see how Bush reacts when his staff tells him that taxes need to be raised.

Very interesting indeed. President Bush has shown no spine whatsoever on domestic issues, with the sole exception of his tax cut. I will predict that he stood up for his tax cut because his father lost his reelection bid due to a tax increase. After next year’s election, when he is in his final term (assuming he wins), I don’t see any reason to believe that President Bush will resist the pressure for a tax increase.

Condescension and infantilization

Interesting story out of Oregon on their state health insurance scheme. Much to the relief of Oregon taxpayers, no doubt, some 40,000 people have dropped out of the Oregon Health Plan program, which provides state-subsidized health insurance.

The reason they dropped out? I don’t know, really, but it is interesting that the newspaper casts the story entirely in terms of the poor folk being dropped from the program. I say the participants dropped out because they apparently chose not to pay the premiums, which are as low as $6.00 per month. The response of “advocates” for the poor is just priceless.

Advocates for the poor say the premiums are too expensive for some people and the government may have overestimated the ability of people to mail a check.

“It’s an enormous barrier,” said Ellen Pinney, director of the Oregon Health Action Committee. “Let alone the $6, there is the whole issue of writing a check or getting a money order, putting it in an envelope with a stamp and putting it in the mail to this place in Portland that must receive it by the due date.”

$6.00 a month too expensive? Give me a break. This sounds to me like a classic example of “I can’t afford it” as code for “I have other things I would rather spend the money on.” If you forego a single trip per month to McDonald’s, you will save enough to pay a $6.00 monthly premium.

Really, though, the notion that poor people are incapable of mailing a check has got to be the last word in condescension and infantilization. Believe me, anyone who can fill out the paperwork to qualify for Medicaid or other state-paid health insurance (or find someone to do it for them) is capable of writing a check or getting a money order and putting it in the mail.

I’m not sure what larger point this story illustrates, to tell you the truth. Perhaps the corrosive effect of the welfare state on its recipients. Perhaps that, if you support the welfare state, sooner or later you will start to sound like a total ninny.

Thanks to OpinionJournal for the link.

Annals of Bureaucracy – 1

Herewith inaugurating a look at the “Annals of Bureaucracy”, a sad tale, via our friends at Hit & Run, of the government school bureaucracy in action.

Applications and letters of interest from idealistic teachers continue to pour into inner-city school systems across the country, and many candidates, like Cochran, are being ignored or contacted much too late to do any good, according to an unusually detailed study by the nonprofit New Teacher Project.

A new report on the study, “Missed Opportunities: How We Keep High-Quality Teachers Out of Urban Schools,” concludes that those school systems alienate many talented applicants because of rules that protect teachers already on staff and because of slow-moving bureaucracies and budgeting delays.

“As a result, urban districts lose the very candidates they need in their classrooms . . . and millions of disadvantaged students in America’s cities pay the price with lower-quality teachers than their suburban peers,” wrote researchers Jessica Levin and Meredith Quinn, who were given rare access to the inner workings of school districts in four U.S. cities.

It was standard procedure to let impressive applications sit in file drawers for months, the researchers found, while the candidates, needing to get their lives in order, secured work elsewhere. One district, for example, received 4,000 applications for 200 slots but was slow to offer jobs and lost out on top candidates.

It goes on and on, enumerating the ways unions, administrators, and legislators all contribute to a system that seems designed to insure that the best teachers do not get anywhere near the neediest kids.

Does she have a sister at home?

President Bush just nominated a judge for elevation to the District of Columbia Court of Appeals that I think I can really get behind. The DC Court is arguably the “first among equals” of the federal appellate courts that function one level below the US Supreme Court. Judge Janice Brown has had some very interesting things to say that I think many of a libertarian bent will find appealing:

In Santa Monica Beach, Ltd. v. Superior Court (1999), for instance, she dissented from a decision upholding a rent control ordinance, declaring that “[a]rbitrary government actions which infringe property interests cannot be saved from constitutional infirmity by the beneficial purposes of the regulators.”

In a dissent in San Remo Hotel v. City and County of San Francisco (2002), which upheld the city’s sweeping property restrictions, Justice Brown expanded on that theme. “Theft is still theft even when the government approves of the thievery,” she declared. “The right to express one’s individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion.”

She is, of course, rabidly opposed by the Democrats and by some “social” conservatives. Unless Bush is willing to go to the mattresses for her, she will likely be filibustered by the Senate Democrats and denied a seat on the DC Court. Still, the nomination is good news.

How much is too much?

Today on Fox News Channel, I caught a brief interview with retired general Alexander Haig where he was deriding the Congressional naysayers and media pundits who chatter on about the ‘terrible cost’ of this war, as if were some high-tech peacetime procurement program. I certainly do not idolize Haig, we have had plenty of differences in the past. But, in this case, he was ‘right on the money.’

Rather than spending too much, our penny-pinching approach to the prosecution of this war to date has gone beyond simply detracting from its swift completion; it has actually served to give aid and comfort to the enemy by indicating that we lack resolve to persevere. Just look at the numbers (as percentage of US GDP):

Cost of Iraqi campaign – 0.5 (his figure)
Total defense spending – 3 (my figure)
Reagan era defense spending – 8 (mine)
Korean conflict – 15 (his)
WWII – 135 (both)

The fact is, the US can pay the estimated $100bn over the next five years ourselves without breaking a sweat. And it would be worth it to avoid getting the likes of the UN and the EU involved. At the same time, we should be staging invasion forces in Iraq ready to march into Iran and Syria, as well as a couple of carrier battle groups off the Korean peninsula.

This is war… it is time we started treating it as such.

It’s a punishment

A mere coincidence? Not when election results go wrong:

A fire burning out of control in southern California has grown four times bigger in less than 24 hours.

Several thousand people have been evacuated, as the flames move towards built-up areas.

By Tuesday at the latest, there will be op-ed in the Guardian blaming this on Arnold Schwarzenneger.

My prediction for the week

It is a little late in the week for all the dust to have settled, but surely by the following Sunday’s talking head shows, a big winner will be Donald Rumsfeld, and the big losers John Kerry and the sensationalist liberal media, over Rumsfeld’s recently leaked memo concerning the War on Terror.

The reason for this is simple: these are precisely the sort of questions the effective senior executive must ask of his/her subordinates. This war calls for outside the box thinking. If you want that, than it is necessary to shake the box from time to time.

I wonder if Rumsfeld is a fan of Denis Waitley?

Eastern Europeans know why we’re in Iraq

Ivelina Konstantinova has made the transition from native of a small city in Bulgaria to US citizen and USAF Airman serving in the Middle East:

“I wanted to serve my country, continue my education, and travel,” said Senior Airman Konstantinova, a recreation services specialist assigned to the 379th Expeditionary Services Squadron here. “The military opened doors. And even though I may not be a natural citizen, I feel proud to serve America.”

With people like her out there, keep those “…huddled masses yearning to breathe free” coming!