When Nothing Adds Up

We have traded five pretty senior Taliban, held innocuously at Gitmo, for one Bowe Bergdahl.

It seems there is a law on the books which requires the administration to give 30 days’ advance notice to Congress prior to any release of any of the Gitmo perpetrators.  Predictably Dear Leader did not do that.  However much it galls me to confess this, I have to say I agree with him on that one.  There is nothing — nothing at all — in the Constitution which grants Congress the authority to place such a constraint on a president’s war-fighting powers, and unlike others I do not think that the congressional power of the purse gets you there.  To put it bluntly, I do not think that Congress has the constitutional ability to decree that “no funds of the United States of America shall be expended in the defense thereof,” a proposition you have to accept if you accept that Congress could use the power for this specific purpose (there’s no logical stopping point in between).  Forbidding expenditure in the exchange of prisoners — an inherent prerogative of command — falls on the wrong side of that divide.  Like it or not, how the human scum we cooped up in Gitmo are dealt with is squarely on the war-fighting side of the ledger, and Congress has no power to fight a war.

On the other hand, as with it seems nearly everything else Dear Leader does, there is a great deal more to it than that.

The original story put out by Bergdahl himself was that he’d been captured while straggling behind a patrol.  Except there was no patrol that night.  He was on sentry-duty, was duly relieved, and vanished into the night.  From CNN:  “According to firsthand accounts from soldiers in his platoon, Bergdahl, while on guard duty, shed his weapons and walked off the observation post with nothing more than a compass, a knife, water, a digital camera and a diary. . . .  ‘Any of us would have died for him while he was with us, and then for him to just leave us like that, it was a very big betrayal,’ said former U.S. Army Sgt. Josh Korder, who has the name of three soldiers who died while searching for Bergdahl tattooed on his back.”  From The Weekly Standard:  “‘You don’t mail all your personal belongings home, especially your computer. It’s not like you can go to a sports bar — there’s no sports bars over there,” says Specialist [Cody] Full [a platoon mate]. ‘You just wouldn’t give up your computer if you weren’t planning to leave. He knowingly deserted and he put countless fellow Americans in danger — not just his platoon mates.'”

Suffice it to say that, the headline in the FAZ notwithstanding (“Better, he’s a Hero”) Bowe Bergdahl is no hero.  [Update (03 Jun 14, 1525 local):  Along the lines of oopsies, the FAZ‘s newest headline on this deserter and traitor is now “Everything but a Hero”.  At least we’ve got that part straightened out, now.]

According to voice intercepts from the Taliban, he was taken while taking a dump.  Of course, that snapshot — however much Gentle Reader might have been able to do without the mental image — says exactly nothing about how he absented himself from his unit or what his intentions were.  He was walking down the road, felt the urge (remember he’d been on sentry duty and so would not have been able to make a head call for several hours), dropped ’em and was come upon in that position by the Taliban?  OK; so what?

As The Hill reports, “At least six U.S. soldiers died hunting for Bergdahl, CNN reports.  Many of his fellow troops also told CNN that they had to sign nondisclosure agreements to never share information about his disappearance and the hunt for him.”

It seems, in fact, that not just the military but other agencies as well have been investigating the events of that night and those subsequent.  The military has “a major classified file” on the subject, the existence of which has now been leaked, with the obvious purpose of encouraging a congressional subpoena of its contents.

So let’s see:  A guy takes off in the middle of the night, with everything tending towards, and nothing to contradict, the inference of an intentional desertion from his duty post in time of war (which carries the death penalty, according to the Uniform Code of Military Justice).  Multiple American troops, both regular army and special forces, are killed or wounded looking for him.  The whole thing is taken so seriously and at such high levels that there’s not just some file mouldering in someone’s office, but a “major classified file” on this jackass at the Pentagon.  The soldiers who knew him best and who were most familiar with the events of his desertion and immediately following are strong-armed into signing non-disclosure agreements (how many thousand GIs went MIA in Germany, Korea, or Vietnam? and how many non-disclosure agreements were extorted from their closest comrades?).  The deserter in question was a machine gunner.  Not exactly a high-value asset to the Warriors of the Religion of Peace.  He’s kept alive for five years, by groups who are not known for their solicitude for useless feeders from the opposite side.

It gets better.  The Bergdahls lived in Idaho, outside a small town.  The FAZ reports their house had “thousands of books” but no television.  Sounds a lot like my house, actually.  Daddy Bergdahl grows a beard “for solidarity” (as reported in the FAZ; it’s not reported with whom he was expressing solidarity), and then greets his son by video link with (in Pashto, no less), “I am your father.”  As Michael Ledeen observes, that’s just not how any normal father would greet his son.  I’ve got three boys of my own, and while they’re not old enough to have served, I can guarantee you that if I am ever in Papa Bergdahl’s situation you will not hear me constrained to identify myself as my boy’s father.  And certainly not in the language of his captors, the people who killed and wounded the Americans who went looking for my son.  Ledeen, whose initial reaction was the same as mine, professes himself to have “calmed down” a bit since then (he’s got more reliable sources than most, but I still am not comforted), but on one point I wholeheartedly agree with him:  “The people I wouldn’t trust on this one – aside from top decision makers who likely have a lot to hide – are the Bergdahls.  They’re very odd people, to put it mildly.”

It is also reported by the FAZ that Papa Bergdahl learned Pashto in order to work directly with the “captors” for his son’s release.  Or was it for some other reason?  Gentle Reader will remember that when one takes and “turns” an enemy, foremost in one’s mind is forever the question whether this is a plant.  While you can never be sure, one of the things you can do is monitor closely and control his communications.  If he’s communicating with the folks back home in his native language you can never tell if he’s using some sort of pre-arranged code-speak, or even just making “mistakes” in his transmissions that are sure to be noticed by his controllers, all for the purpose of letting it be known that They’re Looking Over my Shoulder as I Type This.  [For a fascinating look at how that sort of thing worked in the context of the SOE — and by “fascinating” I mean I read it through in the course of a single weekend — I cannot recommend too highly Between Silk and Cyanide by Leo Marks, the SOE’s chief code-maker.]  It’s entirely logical that the younger Bergdahl, who had already learned the local language from outright sympathy with the Afghans (actually, a commendable practice and one which ought to be encouraged if you’re proposing to have your military among the people for any prolonged period), would have been forbidden to communicate with his father in English.  In other words, I strongly question whether Papa learned it to negotiate with his son’s new controllers; far more likely that he learned it in order to communicate with his son in the latter’s new language.

And after all of this, Dear Leader announces the swap in a Rose Garden presser?  He has to know that the truth will come out.  In fact, it’s already coming out.  It will continue to come out.  People who have their dead comrades’ names tattooed on their own flesh, comrades who died looking for someone now known to be a traitor, aren’t going to be scared off by some piece of paper with a promise of non-disclosure on it.  People who left arms and legs on the field aren’t going to be frightened off by your stooges in plain-clothes.  That’s something I wonder whether Dear Leader, for whom there exists nothing more talismanic than a faculty-lounge notice on the cork-board (and for whom nothing else — say for example, a lawful statute of Congress — carries more weight than something you’d find pinned to the board; that mindset is definitely a two-way street), fully understands.  President:  “But you signed a document where you promised you wouldn’t talk!!!”  Soldier:  “Fuck you, buddy.  These men were my friends.  And your traitor-boy killed them, just as much as if he pressed the detonator himself.”  However sad it may be to contemplate it, our president will never understand the logic of the foregoing exchange.  As consummately political as he is, Dear Leader has to know what’s coming.

That much said, by parading these people and making this kind of a fuss about, and that prominently, he’s bragging that he doesn’t care.  He knows that most of the lamestream media will cover for him.  He knows that the Paul Krugmans of the world will assure us it’s just some partisan witch-hunt that we sloped-browed mouth-breathing bitter gun-clingers out in fly-over country object to a deserter and a traitor being celebrated by the commander-in-chief in the White House (and you know that’s coming, Gentle Reader, don’t you?).

At this point Dear Leader’s cutting doughnuts in our front yard and throwing his empties out the window.  [Update (06 Jun 14):  And like some spotty-faced juvenile delinquent, when caught and dragged up before the judge (that’s us, Gentle Reader), he shows no contrition at all.  None.]

[Update (04 Jun 14):  And now come the reports of what sounds like efforts at collaboration between Bergdahl and the enemy.  Over at PJ Tatler, via CNN, we have this:  “Within days of his disappearance, says Buetow, teams monitoring radio chatter and cell phone communications intercepted an alarming message: The American is in Yahya Khel (a village two miles away). He’s looking for someone who speaks English so he can talk to the Taliban.”  I’m not sure what to make of that statement.  If he had been learning the local language, why would he have been looking for someone who spoke English, unless he hadn’t learned much of the language?  Or maybe he felt his language abilities inadequate?  Who knows?  For that matter, the squad mate quoted heard his own translator’s version of what someone else had said, and we have no idea to what extent that other person was paraphrasing what Bergdahl was saying.  So it’s still a mite early to tell for sure.  But one thing seems pretty plain:  For whatever reason, and with whatever intent in his heart, Bowe Bergdahl was running towards the Taliban as much as he was running away from the U.S. Army.  And that smells really bad.]

[Update (06 Jun 14):  Now a private company, run by a former senior CIA operative and doing business as a defense contractor, produces what it alleges to be reports submitted to CENTCOM as far back as 2010.  I say “alleges” because the company’s owner was indicted for lying to Congress in connection with the Iran-Contra balls-up; he was pardoned by Bush 41 while on trial.  Just like I’m not willing to give Eric “My People” Holder a pass for blatantly lying to this Congress, so I’m not willing to ignore this other fellow’s having done the same thing.

So I very much take this with a grain of salt.  This guy is a liar (otherwise he’d have gone to verdict to clear his name) but that’s not to say he’s incompetent (as is Holder), and the reports were in fact submitted.  They’re genuine in the sense that they really were prepared and really do exist.  The general commanding USCENTCOM back then denies having seen these particular reports, although I have a hard time imagining that being true, given their explosive content.

Because, you see, these reports show Bowe Bergdahl having converted to the Religion of Peace, announceinghimself as a mujahid, and running about the place with his very own AK-47.  I’m being asked to accept the bald statement that reports of active collaboration with the enemy by a U.S. service member known to have deserted a combat post, for whom we were then still actively searching, aren’t significant enough to make it to the four-star’s desk?  Pull the other one, boys; it’s got bells on it. On the other hand, the reports also show an escape attempt upon capture after which he was locked up in a metal cage.  So the contents of the reports are not unambiguous, and even if they are spot-on accurate, you still have to ask the question whether it’s fully knowing collaboration or just Stockholm Syndrome making its appearance.  Patricia Hearst, anyone?  Perhaps Hearst isn’t the best cautionary example, because irrespective of why she went over, go over she very much did, to the extent of participating in armed bank robbery with her “captors.”

No matter what the correct interpretation and weight to place on these reports, you have to ask yourself why Dear Leader’s people hadn’t reviewed every last page of this and the rest of the available information before turning over the five most dangerous Taliban in our possession, the worst of the worst.  And then trumpeting his decision to the world.  And then gloating over it, as if all he had done was “mak[e] sure we get back a young man to his parents.”]

Get the Popcorn Ready

. . . because it looks like we may have a show to watch.

A federal judge has rejected the IRS attempt to screen from public scrutiny how it has systematically targeted certain political groups for discriminatory treatment.  The group in this lawsuit is not a Tea Party related group, but a group whose mission is to educate the public on the actual state of affairs in the Middle East, particularly with reference to Muslim efforts to annihilate the state of Israel and slaughter such Jews as they can lay hands on.

Z Street applied for 501(c)(4) status in December, 2009, eleven months into the Era of Hopenchange.  In July, 2010, their counsel spoke with an IRS agent (whether he’s still employed there I’d like to know), who mentioned that the application was going slowly because it had been sent to Washington for “special scrutiny” as being connected to Israel and having views that “contradict those of the administration.”  Get that?  Express a view that Dear Leader doesn’t agree with and you get your very own set of legal rules you have to satisfy.

So Z Street sued.  The IRS took the positions that (i) it had no right to sue, and (ii) the IRS enjoys sovereign immunity.  Seriously.  They filed stuff in court that said that.

The court has now finally ruled that the IRS is talking through its hat.  The complaint squarely challenges the constitutionality of the process, the court ruled; this isn’t just some dispute about tax liability.

As The Blogfather has observed in other contexts, discovery in this one should be fascinating.

Harrison Bergeron, Call Home

In this morning’s Frankfurter Allgemeine Zeitung there’s an article on the educational practice once (and perhaps still) referred to here as “mainstreaming.”  The title pretty much says it all:  “Inclusion: the Great Illusion”.

This is the basic outline of the story.  Up until 2009, when Germany signed the UN Convention on Human Rights, “special needs” children (as if there has ever been a child that did not have special needs; show me a child who requires absolutely nothing out of the ordinary — in any respect or for any reason — and I’ll show you a freak of nature) were sent to schools with other children like them, where there were teachers trained to deal with their sundry problems and where the staffing levels were sufficient to handle them, both pedagogically and physically.  And where there were not other students desperately trying to take advantage of their few years of schooling to escape the traps of a world in which cognitive ability and credentialing are becoming ever more make-or-break for all segments of society.

Under the UN convention, however, schools are obliged, upon unilateral decision by the “special needs” child’s parent(s), to place that child in a regular classroom.  In a classroom with a teacher who’s been trained to teach, for example, medieval history, as opposed to how to handle a severely autistic child.  Mind you, the parents don’t have to choose to put their child into a regular class, and in truth many of them don’t want to.  They’ve seen their children, we have to presume, struggle with things that come naturally or much more easily to their peers, and how frustrating, humiliating, and self-perpetuating the cycle of always-coming-up-short can be.  I will say that the closer a child gets to “normal,” (however you choose to think of that notion) the harder the choice can be.  You are morally convinced — you will go to your grave convinced — your child is capable of better things than he’s achieved thus far.  You know that if he’s not put with “normal” children then he will not have a chance to learn from them, and of course you realize that children learn a tremendous amount from each other, even in terms just of the academic material, to say nothing of the social skills your child will need to survive as an adult on his own.  You have this feeling in your bones that if your child is put on the “special needs” track then it will be a permanent, irrevocable sentence of mediocrity.  You’ll do anything not to see your child, whose talents and “special” needs you get to see in the smallest detail, daily, forever doomed to be something less than he has in him.  If it sounds as though I speak from some experience here, there is a reason for that.

And the law’s response to the schools who point out that this child is not only not getting anything out of being in a “regular” class, but rather is doing little more than destroying the educational opportunity of the 90% of his fellow students who aren’t so handicapped, is: screw you, buddy; deal with it.  Isn’t that special?  A bunch of lawyers, politicians, and “human rights” activists have decided how schools must function.

Predictably, it’s playing merry hell with the German school system, one of that country’s prides and joys.  For those who don’t keep up with these things, for generations the German schools have been divided, tracked, or whatever.  After a period of basic education (“Grundschule”), the children are divided into three groups.  Those whose abilities suggest they’re not going to need a bunch of schooling beyond the basics, for example manual laborers, low-level clerical, or industrial workers, are placed in the “Hauptschule,” which terminates after ninth grade or so, after which they will typically be placed into a commercial or industrial apprenticeship program and, with a bit of luck and a following wind, embark from there upon a career for which their academic and technical education has fully suited them.  The next level up, for those who are going to become technical workers, mid-level bureaucrats or officials, and so forth, such as dental or physicians’ assistants, for example, is the “Realschule,” which goes (I’m working from memory here, so don’t tax me with inaccuracies) until 11th or 12th, after which they too will head for such additional vocational education or training as may be appropriate to their desires and abilities.  The top level, the “Gymnasium,” runs through a 13th year.  The last two years the student selects two subjects, “Hauptfächer,” for concentration.  Back when I attended a Gymnasium in the early 1980s, my 11th grade class was taking English, French, German, mathematics (calculus), history, chemistry, physics, phys. ed., geography, biology, and religion (either Catholic or Protestant, according to the parents’ choice).  By the time you get out of Gymnasium your level of academic attainment is going to put you very close to what the best American universities produce by the junior year.

For several decades there has been a fourth track, the “Gesamtschule,” in which the children are not segregated by academic ability but rather just lumped in together, much like an American high school.  The Gesamtschulen have never really won the respect of German society.

But there’s a further wrinkle.  You don’t finish up your Gymnasium career by passing your classes and tottering across a stage to get a piece of paper to go in the bottom of a drawer in your parents’ living room.  At least not if you have ambitions of further schooling, either at one of Germany’s universities or their “Technische Hochschulen,” the latter of which produce the German engineers who have established “Made in Germany” as the quasi-gold standard of excellence enjoyed for generations now by that country’s products.  No:  After completing your 13th year, and successfully passing all your classes, you get to sit for a battery of written and oral examinations known as the “Abitur.”  A perfect score is 1.0; it runs down to 5.0, which is failing.  There are no do-overs, like with the SAT or ACT.  You have precisely one chance to do as well as you can.

And this is where the rubber meets the road.  The Abitur is given at the state level, meaning every graduate in Bavaria who chose, for example, math and physics as Hauptfächer is going to be taking the same examination.  Additionally, there is a great deal of standardization across states, with the specific end in mind that if you pull a 1.7 on your Abitur in Mecklenburg-Vorpommern, that should be sufficient indication of pretty much precisely the same performance as a 1.7 coming out of Bremen or Hessen.  And the purpose of that, Best Beloved, is because there is tremendous competition for slots in the most sought-after fields at the top universities.  Some fields, such as law and medicine, are even the subject of a “numerus clausus,” a closed number.  I don’t know what it is now, but back in the mid-1980s, when I was studying at the University of Freiburg, the number for medicine was something like 1.2.  In other words, if you pulled a 1.3 you weren’t going to be a doctor.  Period.

The competition doesn’t stop there, either.  A few years ago Germany realized that it could have a passel of pretty good universities, with none really of world-class rank, or it could devote increased resources to those universities which were nearly world-class, in order to get them there and keep them there, and let the others make shift.  School snobbery made me pleased to note that Freiburg made the cut.  I don’t know whether the Technische Hochschulen underwent the same triage, but it wouldn’t surprise me.

The opening paragraphs in the FAZ piece are about a child (name changed, of course), whose “special” needs include not only cognitive but social-emotional development.  His behavior in class is described.  Such as climbing over desks and chairs, beating on his schoolmates to the point of bruises, spitting pieces of paper he’s chewed up, pouring out a bottle of apple juice on his desk, then running around the classroom, smearing his classmates with it.  The teacher is at his wits’ end; he was trained to teach, not to cope with a semi-savage (I know that characterization is brutal, but there’s no other way to describe a child who behaves like that, for whatever the reason may be).

Now there is a family in Baden-Württemberg whose Down-syndrome child they wish to send to the Gymnasium.  Understand that for non-“special” needs children it’s the teachers who make the go/no-go decision on which children are eligible for the Gymnasium.  For “special” needs children, the parents have, apparently, an absolute right of determination.  And this child’s parents are determined that he will attend the Gymnasium, even though they concede he has no expectation at all of completing his Abitur.  He can’t even read properly.  But, according to his parents, “all his friends” are going to the Gymnasium, so by God he’s going as well.  [As an aside, it speaks well for his Gymnasium-bound friends that they are friends of this child.]  Thus far the Gymnasium, which understandably does not wish to become a special-educational institution, has successfully resisted.  If the law is as explained in the article, though, that won’t go on.

The article quotes the cost of maintaining parallel special-education schools for children who need them, and at the same time hiring on sufficient trained staff to accommodate the “special” needs children whose parents decide screw ’em all, Little Heinz is going to the Realschule notwithstanding he can barely sign his name and physically cannot sit still for more than seven minutes without climbing — literally — over the furniture.  They’d need 9,300 extra teachers and handlers, at a cost of €660,000,000 per year, just in the “normal” schools.  If you keep the special-education schools open as well (remember that three-quarters of all “special” needs children in Germany are not being mainstreamed by their parents), the annual cost balloons to €3.3 billion.  With a graying population and looming social welfare outlays, the money simply is not there.

But more to the point, what if it were there?  Those children in that Down-syndrome child’s classes are going to be held back in their own academic progress.  The article quotes two teachers, one from Bavaria and one from Lower Saxony, and both agree that the “special” needs children in their classes absorb 90% of their energy.  So what happens to their “normal” classmates when, after six or seven years’ of having teacher devote his efforts to the children who will never complete their Abitur?  What happens when they compete, nationally, for the strictly-limited field of their choice?  What do you tell them when, having cherished a dream all their life long of being a doctor, they bring home that 1.3?  By what right have you sacrificed their life’s ambition to your —  your, Gentle Reader — theoretical determination of abstract “justice”?  That Down-syndrome child will go on to be what he will be.  Maybe he’ll become a productive member of society (many do), and maybe he won’t.  But he would have done that no matter what; he certainly will not have needed to spend years at a Gymnasium for it.

“A mind is a terrible thing to waste,” as a famous advertisement once (correctly) proclaimed.  This cock-eyed UN-functionaries’ policy may as well have been designed to accomplish exactly that: the wasting of human potential so that a tiny subset of parents can feel good about themselves and their children.

Harrison Bergeron has gone to school.

Following in the Master’s Footsteps

Years ago, while studying in Germany, I ran across a reference to some interesting research that had been done by East German scholars.  What they’d done was go to London and try to replicate the research that Marx had done to produce Das Kapital, among his other words.  What they found was that Marx had pretty much gun-decked (as we say in the navy) the whole thing.  Falsified data, misrepresented the contents of sources, and so forth.  It’s stuck in my mind all these years because I couldn’t believe that the East Germans would have let these guys go to London for that purpose in the first place, and secondly that they’d have let the results leak out.

But it was even so.  I can no longer recall where I came across the reference to that research, and being 20 and stupid (and with way too much beer to drink) I was too indolent to go and run it down on my own and see what these scholars had actually reported.  Marx’s little honesty issues aren’t confined to German language reports any more.  Paul Johnson (whose magnificent The Birth of the Modern I’ve re-read probably north of a dozen times since I bought my copy in the summer of 1993) wrote a book, Intellectuals, in which he excoriates a good crop of the leftists’ sacred cows.  It’s been a while since I bought and read my copy (maybe I’ll re-read it, starting this afternoon), but as I recall he outlines not only Marx’s overall fraud, but mentions specific instances of it as well (e.g., Johnson quotes the actual words of sources which Marx intentionally and repeatedly mis-quoted).  And of course the actual behavior of dear ol’ thoroughly-bourgeois Marx to those around him, including the only proletarian that he actually had any meaningful contact with, comes in for some pretty stern treatment.

Suffice it to say that the entire marxist edifice rests on fraud and some pretty basic misunderstanding of the physicalities of producing goods and providing services in any group of people much larger than a stone-age band of hunter-gatherers.

All of which is by way of background to the uproar unfolding around this French marxist and his book.  His name, in case you’ve been in solitary confinement for several months, is Thomas Piketty.  He has written a book, Capital in the 21st Century, in which he concludes that (i) “unequal” concentration of wealth is inherently objectionable, and (ii) it is inherent in the nature of capitalism, as practiced nowadays, to exacerbate the unequal concentration of wealth in the hands of the wealthiest.  In support of that second conclusion he offers a mass of data, graphs, charts, and so forth.  As the left’s favorite mountebank, Paul Krugman, claims, “It’s true that Mr. Piketty and his colleagues have added a great deal of historical depth to our knowledge[.]”  Krugman admonishes us sloped-brow-bitter-gun-clingers, “[I]f you think you’ve found an obvious hole, empirical or logical, in Piketty, you’re very probably wrong. He’s done his homework!”

From Piketty’s conclusions he offers a number of suggestions for how to go about counteracting capitalism’s inherent tendencies towards objectionably disproportionate concentrations of wealth.  I say “disproportionate” because I do not understand that he argues for the complete abolition of capitalism, or (at least not in so many words) the introduction of socialism, which means that he must necessarily be willing to accept some disproportionate concentrations.  So must Krugman, by the way; I’ve yet to hear of his coming out in favor of expropriating George Soros, Mark Zuckerberg, Laurie David, Algore, or any of the other left-extremist billionaires who back him and his notions.

I’ll leave it to Gentle Reader to plow his way through Piketty’s book.  [Note:  In linking to the Amazon.com page for his book I violate one of my informal little rules on this blog.  Except in the rarest instances I don’t link to books I haven’t read myself.  Something as long as a book is generally too complex and too nuanced to comment about if you’ve not made the effort to read it, so unless I specifically observe otherwise, if you see a link to a book, you can assume I’ve read the thing, and generally more than once (if you would talk to a friend more than once, why wouldn’t you read a book more than once?).]

Piketty’s got only a little problem.  He’s not the only one who has done his homework.  Others have also done his homework, and what they’ve found about his presentation of his research is very much in keeping with the marxist antecedents of his thinking.  It turns out that Piketty’s had his hand in the data jar, and to more than a little extent.

What is it about left-extremists?  Why do they experience this compulsion to make things up?  To borrow a line from Krugman, “Why, it’s almost as if the facts are fundamentally not on their side.”  Projection, anyone?  I’m not foolish enough to come out and say that no author, scholar, or other person on the opposite side from the extreme left has ever fudged the numbers or even made them up wholesale.  But I’m not aware that any of The Giants on the side of human freedom — Adam Smith, Alexander Hamilton, James Madison, Ludwig von Mises, Friedrich Hayek, Milton Friedman come to mind — has ever been caught out just cobbling together bullshit out of thin air.  I’m not aware that anyone has revealed fraud from the skeptical side on the scale of the University of East Anglia, which claims to have “lost” its original data, and the e-mails from which include one from the fellow they hired to come in and fix their data.  After something like two-plus years he gave up, and made the statement (to them, by the way, and not publicly) that they had so thoroughly and so irrationally manipulated the data — just adding things and stripping them out, with no reason or pattern — that it was no longer mathematically possible to reproduce what the numbers had originally been.  For a good compendium of articles going all the way back to the original e-mail leak, I strongly recommend a search on Instapundit under “climategate.”  Or how about Marc Bellesiles, whose “research” on gun ownership in early America was so fraudulent that he not only got stripped of his Bancroft Prize, but actually was fired from his tenured faculty gig?  Or how about Steven Leavitt’s slander of John Lott?  Lott, Gentle Reader might recall, was the scholar who published a paper in which he correlated wider private ownership guns and looser personal-carry laws with a drop in violent crime.  Leavitt (most widely known for his Freakonomics) apparently made two claims about Lott: (i) that a specific paper of Lott’s was not peer-reviewed, and (ii) that Lott had hosted a symposium to discuss the issue but had not solicited contrary opinion to participate.  As reported at Chronicle of Higher Education:

“Mr. Lott’s lawsuit alleges that Mr. Levitt defamed him in a 2005 e-mail message to Mr. McCall (who, contrary to what was reported in an earlier version of this blog item, is not the same John McCall who once taught Mr. Lott at the University of California at Los Angeles). In that message, Mr. Levitt criticized Mr. Lott’s work as guest editor of a special 2001 issue of The Journal of Law and Economics that stemmed from a conference on gun issues held in 1999.

The letter of clarification, which was included in today’s filing, offers a doozy of a concession. In his 2005 message, Mr. Levitt told Mr. McCall that ‘it was not a peer-refereed edition of the Journal.’ But in his letter of clarification, Mr. Levitt writes: ‘I acknowledge that the articles that were published in the conference issue were reviewed by referees engaged by the editors of the JLE. In fact, I was one of the peer referees.’  Mr. Levitt’s letter also concedes that he had been invited to present a paper at the 1999 conference. (He did not do so.) That admission undermines his e-mail message’s statement that Mr. Lott had ‘put in only work that supported him.'”

You can quibble about the niceties of the second assertion; if only people whose work supported Lott submitted their work, then it would naturally follow that only “work that supported him” got “put in.”  You could make the same statement about a conference on the boiling temperature of water at sea level.  But the first concession?  Why didn’t Leavitt just come out and say, “I am a liar”?  Because that’s what he did; he made a material statement which he knew to be false when he made it; in fact, he had peculiar knowledge of its falseness.

What is it about these people?

My Own Modest Proposal

Over at The Atlantic, via Instapundit, we have a call for judicial fixed terms and, more importantly, a single such term.  Specifically the author advocates a single 18-year term for appointees to the U.S. Supreme Court. Occasion for the cogitations is the 60th anniversary of the Brown v. Board of Education (sometimes referred to as Brown I) decision which ruled that as at least to public schools, separate was inherently unequal and thus could never satisfy the Fourteenth Amendment’s requirements.  Our author praises the unanimous decision, specifically for the unified front it gave the judiciary in the face of the inevitable ructions which were sure to follow it.  I’d not heard this part, that the court took two entire years to craft a decision that all nine justices could agree on.  The author describes a forum he attended at Yale at which a group of lawyers who had been clerks to those justices talked about the deliberative process and so forth.  All very cozy, and I’m sure it was full of mutual congratulation, as such things drearily are.

What’s not mentioned is the extent to which the process that produced the Brown decision departed from all recognized standards of judicial ethics.  Years ago in law school I first ran across mention of this; not anticipating the internet (perhaps because I didn’t work for Algore at the time?) I didn’t note the citation to it.  But what happened was this:  Brown I was argued twice.  Thurgood Marshall argued for the plaintiffs and John Davis (of Davis & Polk) for the defendant school board.  What I read way back in law school was that at that first argument Davis kicked Marshall’s ass all over the courtroom.  Davis was the pre-eminent Supreme Court litigator of his day; my understanding is that to this day he holds the record for most cases won in that court.  Marshall was just no match for him.  It was Frankfurter who wanted to have the case re-argued, a decision usually presented as being a stalling tactic for the court while it tried to cobble together a unanimous opinion.  But it actually seems that there was another, more sinister purpose:  The order for re-argument “invited” the federal government to submit an amicus brief.  Frankfurter did not disclose to his colleagues that he had been and proposed to remain in close contact with a former clerk at the solicitor’s office, discussing and in fact feeding him in painstaking detail what arguments to use.

Here is one mention of the incident (first page only, the balance apparently being behind paywall).  And here is another. And here is another, over at SSRN.  Since the source of all these is the same — the former clerk himself, in an article published in 1987 in the Harvard Law Review — there doesn’t seem to be much doubt that it happened.  To put it mildly, “[t]his sort of ex parte communication is considered a violation of legal ethics.”  This apparently did not distress either justice or clerk:

“‘I have no easy, snappy response to that view.  In Brown I didn’t consider myself a lawyer for a litigant.  I considered it a cause that transcended ordinary notions about propriety in a litigation.  This was not a litigation in the usual sense.  The constitutional issue went to the heart of what kind of country we are, what kind of Constitution and Supreme Court we have: whether, almost a century after the fourteenth amendment was adopted, the Court could find the wisdom and courage to hold that the amendment meant what it said, that black people could no longer be singled out and treated differently because of their color, that in everything it did, government had to be color-blind.’ He said that he would not defend his discussions with Frankfurter in technical terms.  ‘I just did what I thought was right,’ he said.”

Well.  How about that?  He just followed his “revolutionary consciousness,” to use the expression favored by his philosophical forerunners, the Cheka revolutionary tribunals who scourged the land in 1918-21.

Why are the above reminiscences by a lawyer who should have been disbarred, about a justice who ought to have been impeached, important now?  Because our author over at The Atlantic specifically praises the court that rendered Brown for being politicians.  “The Warren Court that decided Brown had five members who had been elected to office—three former U.S. senators, one of whom had also been mayor of Cleveland; one state legislator; and one governor. They were mature, they understood the law, but also understood politics and the impact of their decisions on society. As a consequence, they did not always vote in predictable fashion.”  He contrasts that with today’s court:  “Now, zero members of the Supreme Court have served in elective office, and only Stephen Breyer has significant experience serving on a staff in Congress. Eight of the nine justices previously were on U.S. courts of appeal. Few have had real-world experience outside of the legal and judicial realm.”

Our author does not stop at just praising specifically politicized jurisprudence when he agrees with the outcome.  He excoriates what he calls politicized jurisprudence when he disagrees with it.  The lengths to which he goes are truly remarkable.  Let’s let him speak for himself:

“Roberts is political in the most Machiavellian sense; he understood the zeitgeist enough to repeatedly assure the Senate during his confirmation hearings that he would strive to issue narrow opinions that respected stare decisis and achieved 9-0 or 8-1 consensus, even as he lay the groundwork during his tenure for the opposite. His surprising ruling on the Affordable Care Act was clearly done with an eye toward softening the criticism that was sure to come with the series of 5-4 decisions on campaign finance and voting rights that lay ahead.”

Get that?  Way back in 2012 Roberts was just a-scheming away, smoothly allaying fears that his politicized judgments would be obnoxious for the lefties, all the while plotting to give free rein to his politicized jurisprudence to run the opposite (wrong) way, because he just knew that all them decisions was going down on 5-4 splits.  To borrow a line from Peanuts, good grief.  Notice, by the way, that he’s also implicitly accusing his dear lefties on the court of the same sin; how else could Roberts have just known that there would be four dissenters in each of those cases?

The solution is to limit tenure on the high court bench to a single 18-year term.  Stagger the terms, so that you won’t get George W. Bush some future president able to stack the entire court during his term(s).

Being the good lefty, our author overlooks the most powerful argument in favor of limiting the time anyone gets to park himself on that bench, even though he states it himself.  To see what I’m talking about, let’s do just a teensy-weensy little editing:  “Few have had real-world experience outside of the legal and judicial realm.”  And there you have the central indictment of the judiciary, certainly at least the federal bench at its senior levels.  Huge numbers of these people are life-time government hacks (no other way to describe them).  They’ve not had to make payroll from their own pocket.  They’ve not had to choose whether to let someone go, cut everyone’s pay a bit, or not make their own house payment.  They’ve not lain awake nights praying that they can get a case settled before their child needs braces, or that the leaking head gasket on that old car will hold out just a few weeks more, so they can replace the office computer server.  In short, they have only the most theoretical notion that any mommocked-up decision of theirs will have any material consequences.  They’re philosopher-kings.

So here’s my own modest proposal.  Every judicial officer (that would include the non-Article III magistrate judges, bankruptcy judges, and administrative law judges) would have an allocation of 25 total years’ government or “non-profit” employment of any kind at any level.  Each day he spends at the public or taxpayer-subsidized teat reduces by one day the length of time he is eligible to be a judicial officer.  If he’s appointed at age 30, then at age 55 he’s off the bench, for good.  If he’s appointed to the bench at age 30, hangs around seven years, and then goes and gets a real job, at age 57 he’s got 18 years of eligibility left.  And in the intervening twenty years he’s got to see how badly things get screwed up for genuine people when philosopher-kings make a pig’s breakfast of their ruminations.  If he goes to work for some cushy “non-profit” “advocating” for “justice” or whatever the hell those outfits do for 15 years, then he gets 10 years.  It ensures turnover and it ensures, to the extent possible at all, that we will have seasoned, mature jurists and not palace eunuchs confusing their whims with constitutional mandate as is presently the case.

[Update (24 May 14):  I suppose I ought to add that segregation needed to go.  I’m not sure I agree with the proposal that separate is inherently unequal (too many counter-factuals can be heaved onto the counter for inspection for that proposition to stand, starting with the Dunbar High School that Thurgood Marshall attended).  No less-respected scholar than Herbert Wechsler famously invited the odium of all the Right Thinkers by declaring that he had racked his mind and could not come up with any logically defensible basis for the Brown ruling.  On the other hand there sure as hell is no honest argument that “separate,” as practiced by those who did so, had for its sole purpose and pretty uniform outcome “unequal.”

I think there were a very great many ways to explode the system of segregation across all of state and local law that didn’t involve doing what the Supreme Court did in Brown (which, as Ilya Somin points out, didn’t actually come out and say it overruled Plessy).

I ought to confess that I’ve never read a book-length treatment of the history of the litigation campaign that produced Brown.  My understanding, however, is that the civil rights litigants had spent years pecking piecemeal at the component systems of segregation and came to the realization that they’d spend eons doing so if they carried on that way.  So they changed strategy and went for the root-and-branch approach.  The way they went about that required the court to adopt the argument — factually incorrect and legally unsupported — that separate was inherently unequal.

Rather than do what it did, how much less violence to law and logic would it have been for the court simply to change how it read the word “person” in the Fourteenth Amendment and its implementing legislation?  I don’t do civil rights litigation (too much illogic to it), but my understanding is that as to “official” government action, the courts have gone to great lengths to avoid characterizing states, their political subdivisions, agencies, and instrumentalities as such to be “persons acting under color of state law.”  That’s always puzzled me because I cannot for the life of me figure out how that can possibly be correct.  If you say that “person” cannot include a juridical person then how the hell do you extend the operation of the Civil Rights Act of 1964 to prohibit action by corporations?  So we agree that juridical persons can be “persons” for purposes of these laws.  Why should some juridical persons be “persons” but not others?  Where is the defensible point of distinction?  The court could simply have said something along the lines of, “OK, we rule that states, their political subdivisions, agencies, and instrumentalities are ‘persons’ for all purposes of the Fourteenth Amendment.  We further rule that a person’s failure to ensure that all officials, agencies, political subdivisions, and others answerable to that person extend the protections of the Fourteenth Amendment to all individuals is a ‘denial’ of equal protection or due process, as applicable, to the same extent as if that person had acted in his, her, or its own right.”

Now observe what strategic avenues that simple change in reading opens up.  For starts, you’re down to 50 lawsuits, tops, against 50 states.  In those suits you can further use all the wrinkles and fillips of states’ laws and practices to demonstrate not so much that any particular component of a state’s actions violates the constitution, but to show the comprehensive pattern of in-fact behavior that the states were pursuing for the purpose and with the effect of denying equal protection and due process rights.  You don’t have to show that each last penny-ante elementary school doesn’t have X textbooks per pupil instead of Y.  All you have to show is that this is a prevailing pattern and the effects of the pattern where it exists.  You show the conditions in segregated jails and prisons.  You show the funding patterns and student outcomes of segregated colleges.  And so forth.  This then allows the court to find that, irrespective of what may or may not be the theoretical possibilities of segregation, the actual behaviors demonstrated, taken separately and in the aggregate, constitute a clear, intentional, and effective attempt to violate the constitution.

Going that route doesn’t require you to rule contrary to observable fact.  It doesn’t require you to grind your way piecemeal, in separate litigation, through the entire apparatus of state and local government.  It recognizes the fact that a law nominally neutral on its face can easily be so administered as to violate the constitution’s mandates and prohibitions (and by the way, that does not mean that it blesses bullshit arguments like “disparate impact” analysis).  And it recognizes the conspiratorial element in the entire Jim Crow project.]

So Just What did You Expect, Again?

Via a “share” from a Facebook friend’s page, we have this gem over at AlterNet.org.  I will observe that this is not the first article at that site that my friend has shared, on FB or otherwise.  I find the self-consciously cute name they’ve chosen for their site to be more than a bit ironic.  You see, it’s a play on the world “alternate” from which we are to deduce “alternative,” from which we are to conclude that this site is purveying news and opinion that’s somehow edgy, “alternative,” out there, or otherwise not just one more dead-fish organization going with the flow of the stream.  Except it is; what you’ll find there is pretty standard left-extremist claptrap. Like, for example, the linked article. We are all racists now, it seems.  As evidence for “subconscious racial bias” arising from “the most enduring, corrosive racial stereotype in America: the black-as-criminal mindset,” we have the observation:

“The archetype is so prevalent that the majority of whites and African Americans agreed with the statement “blacks are aggressive or violent” in a national survey.  In support of these findings, other research indicates that the public generally associates violent street crime with African Americans. Other nationwide research has shown that the public perceives that blacks are involved in a greater percentage of violent crime than official statistics indicate they actually are.”

There are two links in the just-quoted text at AlterNet.org, both to an article from 2007 over at the Journal of Contemporary Criminal Justice.  For the first link, no specific numbers are given in the linked JCCJ article, only the characterization “clear majority” of both groups.  As to the lattermost assertion, I could not find in the linked article on the public perception of percentage or prevalence of black crime relative to actual proportion of all crimes committed by blacks.  What I did find are some specific numbers of all crime committed by blacks relative to their statistical share of the gross population (remember that this article is now seven years old, and the research it’s based on presumably older still, so these numbers may well be out to lunch in one or more respects by now).  From the JCCJ:

Blacks are indeed involved in a disproportional amount of crime in general and violent crime in particular.  In fact, for violent crimes such as robbery and homicide, there have been times when Blacks were arrested in absolute numbers that surpassed those of Whites.  In more recent years, however, although Blacks did not surpass the actual number of Whites in nationwide arrests, their presence in these statistics has been greater than their representation in the general public. For example, although Blacks compose approximately 13% of the U.S. population, in 2002 they accounted for 38% of arrests for violent crimes and nearly 30% of arrests for property crimes. Juvenile arrest statistics indicate that during the same year, Black youth accounted for approximately 43% of arrests for violent crimes and 27% of arrests for property crimes. Researchers have suggested that crime committed by African Americans may be especially salient not only because it exceeds what would be expected based on the racial composition of the country but also perhaps because the violent crimes that tend to be most fearsome are the ones that are most disproportionately perpetrated by Black males.

Let’s see.  Black males constitute roughly 6.5% of the total population (half of 13% is female, right?).  Given that the overwhelming proportion of crime in general, and physically violent crime in particular, is committed by males, period, we can assume that somewhere north of 33% of violent crimes were accounted for by that 6.5%.  Which is also to say that black males (and the JCCJ article is predominantly about black males) account for violent crimes at over five times what you would expect if crime statistics were evenly distributed across all demographic groups (male/female, age, ethnicity, origin, etc.), and almost five times the rate for property crimes.  Remember that crime in general and violent crime in particular is not age-neutral; it skews strongly towards youth.  The numbers for black youth are even more alarming.  I haven’t seen an age-pyramid for black youth, but since birth rates trend negatively with increasing wealth, I’m going to assume that black youth accounts for something north of 13% of all youth.  Let’s assume 18% of all youth is black, making 9% of all youth both male and black.  That 9% of youth accounts for violent youthful offense at a rate 4.78 times their “statistical expectation,” and exactly triple the rate for property crimes.

Thus in point of fact just as a perception of statistical reality, the popular perception that blacks are more prone to commit violent crimes (or even property crimes) would coincide exactly with observable data.  I wish the JCCJ article had broken some of the numbers out in greater detail (alas! there are no hyperlinks in it).  I’d be interested to know what that “percentage of crimes committed by” figure looks like when you add to the question the qualifier “as experienced by members of specific groups.”  Thus, what percentage of violent crimes committed against blacks are committed by other blacks?  And the same question for whites (and East Asians, and South Asians, and Aboriginal Americans, for that matter).  From everything I’ve ever heard, the answer to that question, percentage of black victims of black crime, the number approaches depressingly close to 100%.  Small wonder that blacks might perceive each other to be prone to violence, when almost all the violence they experience is in fact at the hands of their own ethnic group.  And in fact the overwhelming percentage, from everything I’ve heard, of black violent crime in general is directed at other blacks.  Meaning that you’d expect white victims of black crime to be a smaller percentage than that 38%.  This would, again, match everything I’ve ever read, namely that all ethnic groups experience violence principally from members of their own group.  It wouldn’t surprise me at all if the proportion of white victims of black crime were something less than 13%.  So why might whites in general entertain that non-statistically-valid perception (as to themselves only)?  Unfortunately I don’t have hard numbers, but my understanding is that to the extent that whites experience violence from outside their own group, that violence comes nearly exclusively from blacks.  As a matter of logic that doesn’t make a whole lot of sense to extrapolate from that data point.  If I’m getting robbed at gun-point, or if a friend of mine has been robbed, what difference does it make what color skin the perp had?  But humans aren’t always the most logical creatures.  As a human child growing up on the playground I’ve probably been bitten by more humans than dogs, if you were to go back and count.  But the one bite of my life I still remember is when the German shepherd sank her teeth into my butt, way back in the early 1970s.

You won’t find much cogitation in that AlterNet.org article along the lines of the preceding paragraph.  What you will find are outright misrepresentations along the lines of, “Remember Zimmerman’s false syllogism?  A few blacks committed burglary, Trayvon was black, therefore Trayvon was a criminal.”  No.  What came out at the trial is that the housing development where Zimmerman lived had specifically been the subject of multiple break-ins, at least some of which George Zimmerman had observed, and at a minimum those which he’d observed had been committed by black males (my understanding is that to the extent the race and sex of the other perps were known at all, it was black and male).  Martin (you remember him; he was the one who was trying to splatter George Zimmerman’s brains onto the sidewalk) was observed by Zimmerman, wandering in the rain, pausing and looking into windows of housing units.  Martin may have been lost or disoriented, or just curious as to what sort of people lived in the place he was visiting.  But from Zimmerman’s perspective it looked like someone casing the joint.  And that’s how he reported it.  Unlike the 911 transcript fraudulently edited by the news networks, it wasn’t Zimmerman who brought up Martin’s skin color.  He didn’t mention skin color until he was specifically asked about it.  The “syllogism” claimed is simply bullshit.

In what she no doubts prides herself on as her demonstration, our author starts with the usual recital of America’s foundations in slavery, and the post-slavery history of violence against blacks committed by whites, in the form of lynching.  [A couple of observations are here in order.  For starts, given the explicitly racist practice of most law enforcement until the 1960s, you have to assume that for most of American history the vast majority of violent crime against blacks, committed by anyone, never made it into the official numbers.  They were sub-humans, so who cared if they were robbed, beaten, murdered, stabbed, raped, etc?  A lynching gets attention; knifing someone in a bar fight over a woman, not so much.  Secondly, given how geographically concentrated the black population was until post-1910, you have to assume that black-on-white crime was vanishingly rare.]

As Gentle Reader might suppose, there are pretty detailed data on lynchings by year, and in fact by race as well.  Here’s a tabulation maintained by the Tuskeegee Institute, for 1882 through 1968.  Not that it matters a hill of beans for this discussion, but you could have won some money off me betting that the number of white victims would have exceeded the number of black victims for any year at all . . . and yet for the first four years that’s exactly what happened.  Look at the total for both races for the 83 years from 1882 until the last recorded, in 1964: 4,742, of whom 3,445 or 72.649% were black.  To put some perspective on it:  That’s only 500 more total victims that the number of race-unknown homicide offenders in 2010 alone (links to FBI and Census Bureau data below), and it’s less than the white offenders for 2010 and less than the black offenders for 2010.  It’s not quite 36.5% of the victims for 2010 alone.  To put some even more distressing perspective on that:  Across the entire Reconstruction and Jim Crow eras, not quite 73% of all lynching victims were black; in 2010 alone, 49.78% of all murder victims were black.  Even after a good 15 or more years of dropping violent crime statistics, we’ve got a problem that’s two-thirds as exclusively black as lynching.  Someone remind me again why this isn’t getting more play in the lamestream media.

I think it’s pretty safe to assume that the number of black lynchers was zero, so you’ve got attribute all of those victims, white and black, to white perps exclusively.  But how many “offenders” were there?  I don’t think it’s appropriate to ask just how many people were actually involved in making the noose, tying the victim, looping the rope over the tree or lamp post, or whatever.  I think you have to attribute some moral guilt to to at least some of those who showed up, even if only out of curiosity.  I have no idea whether anyone has ever even attempted to figure out how many people attended these things.  How many of them drew a large crowd for a small town?  How many of them were just a couple or ten people in the dark of a night?  How many drew a crowd of thousands, as several well-known lynchings did?  So let’s just assume an “average crowd” of 750.  Gentle Reader is reminded how few places in the South during the years when most of the lynchings occurred (out of the 4,742 shown, 2,359 or 49.7469% had occurred by 1896, and 3,179 or 67.03922% had occurred by 1903 — whatever else it was, lynching as a widespread problem was overwhelmingly concentrated in the pre-World War I South, even though other states also knew it; for example, the lynching that prompted the poem “Strange Fruit” went down in Marion, Indiana, and even Minnesota can show at least one, of some circus hands) had other than minuscule populations.  So I don’t think 750 people is an unreasonably small number.  Applying that across 4,742 lynchings produces 3,556,500 “offenders,” and that’s if you consider all attendees equally guilty.  Now let’s ask ourselves how many tens of millions of people were living in the South during those 83 years.  I suppose a statistician could cipher that out, but I’d be amazed if the number was any less than two hundred-plus million.  The 1900 census data show 18,975,665 people living in the eleven states that had seceded, out of total population of 76,212,168; that’s 24.89847% of the gross.  In 1900 there were 115 lynchings.  Even if you assume an average crowd of 1,000 per, (and I think that’s a grotesque over-estimate) and even if you attribute all lynchings to those states, that gets you to 115,000 people or slightly over six-tenths of one percent of the gross population.  And yet we have tripe (on AlterNet.org, no less), such as the bilge I defenestrated here, in which the entire South is lumped into a single, seething, bloodthirsty mass.  Remind me again why this ahistorical bullshit is considered insightful analysis, and yet it’s conclusive evidence of racism! when popular perceptions of the prevalence of violence match observable statistics.

Just as an exercise, I spent some time looking for data on homicides, age, race, and total population.  I also looked for data on mass killings (most things I’ve run across define a “mass killing” as one where there are more than three victims in the same (e.g. Oklahoma City) or a closely-related sequence of killings (e.g. Virginia Tech)).  I also tried to tie the data I found to the same year, since things can change radically and very quickly.  Remember that 2007 data above?  Well, the one thing that’s been happening in the past six years is that violent crime of all kinds, and so far as I know, across all groups, has plummeted.  So even if a particular group X is “more disposed to violent crime than statistically predicted,” over the last six years they’ve got significantly less disposed to it.  In order not to spend more time than I have, I confined what I was looking at to homicide, since it’s the hardest to conceal and the most likely to be pretty fully reported.  I settled on the year 2010 so I could use the 2010 census data, available here.  The FBI has homicide data, both as to victims and perps, by age and race, here.  Finally, I couldn’t seem to find “official” numbers on mass killings, but Mother Jones has a tabulation on “US Mass Shootings, 1982-2012.”

A couple of cautionary notes about the data.  The census bureau reports, for racial self-identification, not only single-race responses but multiple-race responses.  The distinction can be significant when you’re talking about a gross population, as of Census Day 2010, of 308,745,538.  A total of 38,929,319 self-identified as black only.  That’s 12.60887% of the gross population.  But 42,020,743 self-identified as black-alone-or-in-combination.  That’s 13.610% of the population.  Unfortunately I could not find age distribution data for the 3,091,424 who self-identified as black-and-something-else, so I had to apply the percentage distributions of the age brackets reported to the larger number.  That requires some assumptions about birth patterns for which I have no support in the data I could find.  Secondly, there is a large difference in the FBI’s data between homicide victims (12,996) and homicide offenders (15,094).  On the other hand that’s logical because killing someone is a sufficiently egregious act that for a not insignificant number of perps it’s not something they’ve got the guts to do alone.  Additionally, while data is pretty comprehensive on the sex, race, and age of the victims (e.g., out of the 12,996, only 152 or just over 1% are shown as age-unknown), you’ve got to bear in mind that out of the 15,094 perps, 4,224 are shown as race-unknown; that’s 27.98% of the total.  There is enormous room for conclusions to move.  Just by way of extreme example, if you attribute all those unknowns to whites, you get 60.11% of homicides done by whites; if you attribute 13.61% of them (575) to blacks, you get 6,345 done by blacks, or 42.04% of the total.  In addition to Mother Jones’s data being non-verified (although they’ve got zero reason to understate any of it, with their known political/policy affinities), it’s only mass shootings, which is of course a subset of mass killings.  So it’s not complete (see Oklahoma City and its 168 dead); on the other hand, it’s jolly hard to kill more than one person with a knife, baseball bat, or claw hammer (by the way, although not relevant to our current discussion, Gentle Reader ought also bear in mind that blunt instruments are used to kill more people each year in the U.S. than firearms of all kinds), so any discrepancies are unlikely to be very large.

With all that in front of us, let’s look at the data.  First raw numbers.  Of the 15,094 homicide perps, 5,770 were black (more ominously, of the 12,996 victims, 6,470 were black, a catastrophic 49.78%, and for the age brackets between 17 and 39, blacks made up over 50% of the victims in every stinkin’ one of them), which is 38.23% of the total.  Whites, by the way, accounted for 32.13% (please to remember the race-unknowns, Best Beloved).  The overwhelming majority of all perps for whom sex is known were male (ex: of the 20-24 perps, 2,546 total, 2,315 of them were male, 90.93%; the divide hovers around 90% male for every single age bracket).  So our first conclusion stares us in the face:  If you want to be afraid of someone killing you, be afraid of a generic male.  If you want to assume that someone is violent, assume it’s a male.

But everyone (except perhaps the people who write for, and read, AlterNet.org) realizes that homicide is not evenly distributed across age, either.  For both white and black, it’s massively concentrated in the ages 15-40.  Let’s look:  For whites, 66.23% of their total (4,849) is accounted for in the 17 to 39 age brackets; for blacks the number is very similar: 72.65%.  Second conclusion:  If you’re going to be frightened of a putative murderer, don’t imagine him with a whole lot of gray hair.  By the way, it appears that whites remain more violent longer than their black age cohort.  The last black age bracket showing more than 100 perps is 50-54 (129); whites keep killing a full decade longer, until the 60-64 bracket (112).

Knowing that we’re discussing a perception issue here, and further knowing that whatever we perceive to be the level of violence associated with either race (high, medium, low), our perception is going to have to be grounded in reality, to the extent it is at all, in the data for males ages 15-40 of both groups.  So let’s see how that shakes out.  Applying the age bracket proportions for black-only to the black-alone-or-in-combination figure produces a total of 7,670,023 males in the 15-39 age range, which works out to be 2.48425% of the 308,745,538 gross population.  Now let’s compare that to the percentage of homicide offenders in the 17-39 age range (the FBI’s next lower age bracket is 13-16, and among blacks they account for only 265 of the 15,094, so I feel comfortable ignoring them here).  The black 17-39 age range accounts for 4,192 of the 15,094 homicide offenders, or 27.77% of the total.  Let’s juxtapose that even closer:  2.48% of the population is accounting for 27.77% of the killers, more than ten times their “statistical expectancy.”

In the interest of comparison, using the same extrapolation of age brackets for white-only to white-in-combination produces 37,210,162 white males age 15-39, or 12.052% of the gross population.  White homicide offenders in the 17-39 age range account for 3,212 of the 15,094 offenders, or 21.280% of the total.  Again the side-by-side:  12.05% of the population is accounting for 21.28% of the killers, not quite twice their “statistical expectancy.”

So as to both racial groups, their young males are statistically over-represented among killers, with the degree of over-representation being about five times higher among blacks.  A further point of commonality is that among that 17-39 range, the bulk of the killers are concentrated in the 17-29 range and the deadliest single bracket is 20-24.  For both races you’ve still got guys committing murder into their 30s, but they’ve started to taper off (most likely because they’ve been caught and are in the criminal justice system somewhere).  A point of distinction, however, is how much of each group’s race-in-combination population total is represented by that age range.  Among blacks, 1.852% is represented by males ages 18-19; for whites the figure is 1.381%, a full 25.4% less.  For 20-year-olds the numbers are 0.8943% and 0.6887% respectively, 22.99% less for white males.  In that deadliest, 20-24 bracket, the percentages are 3.95632% for blacks and 3.31933% for whites, a drop of 16.1%.  In other words, in 2010 a greater proportion of blacks were concentrated in the age and sex group most likely to become homicide offenders.  The black population is both younger and in the highest-risk group more heavily male.  That’s going to skew the numbers somewhat.

And at this point we run out of the purely numeric and shade into the concept of the “reasonable.”  Is it unreasonable, when two groups are both prone to excessive behavior on any scale, but one group is five times further out on that scale, that popular perception — unscientific as it always will be — will still reflect that?  Would it be unreasonable for someone to conclude that, all else being equal, blacks make better athletes, when the four data points are proportions of black males versus white males in the NBA and the NFL?  You can debate all damned day long about the why it should be so, but to argue that it’s not so is just damned foolish.

But Miss AlterNet.org isn’t arguing that.  She’s not arguing that blacks overall or black males in particular are not statistically more prone to acts of violence than whites.  She’s not impugning the numbers; she impugning the perceptions.  She’s arguing that because the “most horrific” crimes are committed by whites, and we (as a country) don’t perceive whites in general to be disproportionately violent, that’s evidence that we’re all racists.  Let’s tee up Mother Jones, bearing in mind my caveats above.  Looking broadly at their spreadsheet, it rapidly becomes apparent that mass shootings are (i) predominantly a white phenomenon, (ii) overwhelmingly a white male phenomenon, and (iii) by and large a crazy white male phenomenon.  But let’s look at just the numbers, ma’am.  In 2010, out of 12,996 homicide victims, we’ve got . . . 9 killed in a mass shooting.  That’s not quite seven-one-hundredths of one percent of the total.  I went back and added up all the mass shooting fatalities (Mother Jones gives numbers of wounded as well, by the way) since 1993, added in the 168 of Oklahoma City (but excluded the 3,000+ of September 11) and came up with . . . 588.  Thus, if you go back a full 21 years, you get 4.5245% of one year’s total homicides in the form of crazy white males shooting the place up or blowing up entire buildings.

Let’s go back to our observations about reasonableness.  Sandy Koufax was one of the all-time greats.  Hall of Famer.  Is it reasonable to conclude from his success that Jews make great athletes?  Or how about Croatians?  There are some very good Croatian basketball players, including some as play successfully in the NBA, and they routinely field outstanding teams in international competition.  So we know they make some damned fine basketball players there.  But how reasonable is the conclusion that “Croatians make great athletes” relative to the conclusion “blacks make great athletes,” based solely upon the data point of how many of each are playing in the NBA?  Let’s see . . . the NBA is . .. gosh . . . I don’t know (Wikipedia.org to the rescue: according to them in 2011 the NBA was 78% black and 17% white), really heavily black.  In fact, five times 17% works out to 85%, not much more than 78%.  Huh.

Gentle Reader will tax me with a false equivalence.  The make-up of the NBA and the perception of crime statistics are not the same thing.  Well, yes and no.  Where they both are similar is that both (i) are highly unrepresentative snap-shots of very large population groups, and yet  (ii) are highly visible markers which are flung in our faces remorselessly, and further (iii) represent the extreme point on their respective behavioral spectrum.  To illustrate the first point:  There were 7,670,023 black males in 2010 in the 15-39 age range.  Out of most of that number (17-39) they produced all of 4,192 known homicide offenders, and even if you attribute all the race-unknowns to black males ages 17-39, you get every bit of 9,962 offenders, or 0.12988% of the total in that age range.  Just over one-eighth of a percent of all black males turned out to be killers that year.  Meaning almost ninety-nine and seven-eighths didn’t.  Bearing in mind that even in the 24-hour news cycle there’s exactly X amount of information that can be put out, how reasonable is it to expect that news of a homicide is not going to get pretty good billing?  Although I’ve not crunched the numbers on other crimes of violence or property crimes, is it reasonable or unreasonable to expect that an armed robbery is going to be covered rather than an apartment that got broken into and a computer and some stereo equipment got stolen?  Finally, if killing is the ultimate crime, you must recognize that playing in the NBA is the ultimate in basketball athleticism.

So while it is entirely statistically defensible to state the conclusion “blacks are more likely to be killers than whites,” it’s not only statistically not supportable but morally reprehensible to conclude “blacks are likely to be killers” because neither group is very likely at all to be killers.  Neither.  But remember Mlle AlterNet.org isn’t about facts; she’s about perceptions.  If most Americans get their information, to the extent they get any, from television, and if television portrays only the most egregious events as “news,” and if any particular group X is in fact, undeniable, count-it-up-and-do-the-math fact, vastly disproportionately over-represented in any particular egregious behavior, precisely how is it that you expect such perceptions not to be awakened?  If all I’m shown is X with a smattering of Y thrown in, upon what basis do you conclude that I’m wicked for concluding, “X”?

Yet Mlle AlterNet.org wants me to be a bigot for thinking, “You know, maybe X.”  This passes for thinking nowadays, it seems.  I notice that she is identified as a “legal analyst.”  Good for her, because she’s a lousy statistical analyst.

Remind me how it Worked out Last Time

That a highly controversial, polarizing Middle Eastern head of state came to Germany and all the protesters turned out.  Prime Minister Erdogan is coming to speak in Cologne — Köln to the natives.  According to the FAZ, the protesters are already assembling from all over Europe.

It was Berlin, June, 1967, and the Shah of Iran was coming to town.  Granted, he was only going to the opera — Mozart’s Die Zauberflöte — but hey! he was an American ally and puppet.  Berlin, which has somewhat prided itself on civil disobedience ever since the latter days of the Kaiser’s reign, turned out in force.  Actually, when one says “Berlin,” one must bear in mind that back in those days the population of Berlin contained an enormous element of disaffected youth from all over the rest of Germany.  Because of its four-power occupied status (I’m going from memory of what I heard from my German friends 25+ years ago), if you were a male resident in Berlin you weren’t subject to the draft.  And apparently even student residence was sufficient to get you out.  Which means that Berlin university students skewed even more strongly left than university students typically do.

The demonstrations turned ugly, and fast.  I’ve never found a book-length treatment of that night, although I’m sure such exist.  Knowing what I do about how that place worked and to some extent still works, I’m quite confident there was a great deal of provocation among the demonstrators, in that they would have been liberally sprinkled with plants, mostly from the communist East, whose sole mission was to see to it that the demonstrators got well out of control.

On the other side you had the police.  Something to understand about Germany at this time is that large numbers of their senior leadership in all public agencies had . . . ummmm . . . not exactly pristine consciences, when it came to what they were doing for . . . oh, say . . . the years 1933 to 1945.  Oh sure, they’d got their “de-nazificationj” certification, but to an alarming extent those were simply fraudulent.  How that process worked, at least in the Foreign Office, is laid out pretty thoroughly in Das Amt und die Vergangenheit, the government-commissioned study of the office before, during, and after the Nazi era.  Let’s just say that there was a lively industry among former willing participants, fellow-travelers, and opportunists, where each would vouch for the other’s anti-Nazi bona fides.  And a lot — a lot — of people whose fingerprints were all over files, files detailing close cooperation with the SS, the SD, and the Gestapo in occupied and allied countries, in identifying Jews and Jewish assets, as well as leaning on host country officialdom, to get in the boat and row on implementing the Endlösung got their “Persilschein” (referring to a popular European laundry detergent, Persil, famed for its whitening powers). I have no reason, no reason at all, to suppose that the police would have been any different, especially since the police had been even more tightly integrated into the apparatus of horror.  Let’s just say that it’s a safe working assumption that the police on the street that night were anything but disappointed that the commies wanted to mix it up and maybe crack some skulls.  For some of their senior officials it might well have awakened fond memories of the Kapp Putsch or the glory days when the Sturmabteilung went about breaking up communist rallies and smashing Jewish shop windows.

As Lincoln observed in his Second Inaugural, “And the war came.”

On the streets the night of June 2 was a student named Benno Ohnesorg (ironically his last name translates to “without worry”).  He was married, expecting his first child, and this was his very first political demonstration (or so we’re told; it doesn’t really matter).  Also on the streets that night was a plain-clothes police officer, Karl-Heinz Kurras.  In the courtyard of a building he shot Ohnesorg, who died before they could get him treated at a hospital.  At the time Kurras was cleared (of course he was, all his fellow officers swore up and down on it, didn’t they?)

Except that Kurras wasn’t just any old beat cop.  He was also an agent of the Stasi, the principal East German surveillance and terror ministry.  He was also a long-time member of the SED, the official East German political party.  That didn’t come out until years later.  Also not coming out until years later was that the June 2, 1967, demonstrations weren’t Kurras’s first rodeo.  Turns out he’d been spying for the Soviets during the 1961 Checkpoint Charlie stand-off (English language link, this time).

The BBC calls it “the shot that changed Germany.”  And boy did it ever.  Among other young Germans radicalized by the events was a certain Gudrun Ensslin, who became one of the leaders of the Rote Armee Fraktion, the RAF, or as perhaps more widely-known in the Anglosphere, the Baader-Meinhof Gang (somewhat inaccurately; Ulrike Meinhof had long been marginalized, by among others Ensslin, well before the German Autumn of 1978).  October, 1978 saw the suicides of the senior leadership in prison, but by then the organization had morphed into a second-generation, even more violent, operation.  And they kept it up for years afterward, with bombings, assassinations, kidnappings, and so forth, only formally dissolving in April, 1988.

By way of postscript:  By 2012 new investigations (Kurras is still alive) cast serious doubt on the story told by Kurras and his colleagues (English-language link).  That story was that the officer was attacked by knife-wielding demonstrators and to defend himself he shot back.  Apparently that story can’t be squared with what is now known of the remaining physical, photographic, and documentary evidence.

Post-communist review of Stasi files does not reveal, it seems, that Kurras was acting on positive orders.  And after the shooting the Stasi broke off contact with him (well of course they would; their asset had to be considered a watched man, by the left if not by the authorities).  On the other hand, the Stasi recruited its agents very carefully, watched them like a hawk (counterintelligence), and generally spent a great deal of effort to ensure that they did things, and only those things, consistent with command from above.  And Kurras had joined the Stasi in 1955, so by June, 1967 he’s been on the payroll for some twelve years.  Even apart from his 1961 services to the Soviets he’s no rookie.

The promised demonstrations against Erdogan are supposed to be peaceful.  I suppose we’ll just have to wait and see.

Food (and Indigestion) for Thought

Yesterday evening I attended a presentation by an analyst from the George C. Marshall Foundation.  They’re the outfit that was (of course) named after General of the Army George C. Marshall — to date the only professional military officer to receive, deservedly, the Nobel Peace Prize — and the purpose of which, in addition to preserving the documentary legacy of the man, his times, and his activities, also is to perpetuate Marshall’s legacy of magnanimity, cooperation, and commitment to the practicalities of creating those domestic and international structures and systems which form the framework upon which peace can be built.

If this sounds a bit unusual for an outfit that is not only named for a life-long soldier, but to this day is headquartered at a military college (the Virginia Military Institute), you really ought to read a bit more about Marshall.  For an officer who was scrupulously non-political (at least in his dealings with his civilian masters in FDR’s White House and in Congress), he was acutely sensitive to the fundamental political nature of the American military.  Again, that’s not a contradiction.  FDR famously addressed everyone by his first name.  These days it’s become fashionable because it’s considered egalitarian; perhaps it is, when everyone calls everyone by his first name.  But of course no one called FDR “Franklin”; his assumption of the prerogative was therefore diminishing to the addressee.  It’s a gentler form of the same method vulgarly practiced by LBJ in appearing naked in front of men he wished to intimidate.  In any event, FDR tried that business on with Marshall, who replied, “It’s ‘General Marshall,’ Mr. President.”  Congress recognized in him someone who was so straightforward with it he could appear before a committee, explain what he needed, and he was accepted at his word.  Mostly.  Once a particular senator from Missouri who headed an eponymous committee to investigate fraud, waste, and abuse in the war effort got to poking around in areas that weren’t exactly public.  Marshall got wind of it and put the word out that Senator Truman was simply not to be told certain things.  But it was Marshall who realized, and was greatly concerned about, the disruptions to American civil society that threatened from a long war.  He understood that an American wartime military must be a political expression of its society.  This directionality of the relationship was in contrast to, for example, the Soviet Union or Germany, in which civil society (to the extent they even had any left) was an adjunct to, and formed by, the military.  It was Marshall who looked Winston Churchill in the face and told him, with respect to some cock-eyed proposal to invade Rhodes, “Not one American soldier is going to die on that goddam beach.”  And finally, it was Marshall who put his credibility behind the effort to re-build the societies destroyed by the war, in a way that hadn’t been tried after the first go-round.

Truman it was who described Marshall as “the great one” of his era.  When you look at his breadth of comprehension and his iron-clad character it’s hard to disagree much with that statement.

In any event, the topic of yesterday’s presentation was the Ukrainian situation and its implications for Europe and Europe’s relationship with the U.S.  The presenter is a German lawyer with a Ph.D. from Harvard, and extensive experience as a reporter/analyst not only in Europe but also in central Africa.  She was in Rwanda in 1994, within weeks after the genocide.  And so forth.  Very impressive C.V., all in all.  She’s now based in the foundation’s Berlin office.

Her take on the situation is that the Ukraine represents the gravest crisis for the West since the break-up of the Soviet Union in the early 1990s.  Putin is trying to re-establish, not the Soviet Union, but rather the Soviet sphere of influence.  That effort is bound to de-stabilize not only the countries targeted (especially Belarus, Moldova, the Ukraine) but also Russia itself.  This is principally because, as she phrased it, other than a pile of cash, Russia’s not got any of the things needed to make the program work over time.  Once the cash is gone, and it will go (she didn’t mention the fracking revolution, but that technology may be the deadliest threat to Putin, even moreso than any nuclear deterrent), they’ve got nothing.  Their demographics are headed for societal implosion.  Their education system is awful.  Their economy is awful.  Their healthcare system is awful.  Their transportation system is awful.  Over everything lies the suffocating blanket of corruption.  And on and so forth.  For the long haul — she predicted “a generation” of turmoil in Eastern Europe — she was pretty sanguine.  Didn’t seem to think military action likely.  I wish I could join her in her optimism.  When someone is playing against long odds, as Putin is, the only way he wins the game is on a long shot.  With each gamble that doesn’t pan out, his objective motivation to double down increases because the aggregate odds against him increase with each lost bet.  There’s a reason, after all, why Germany’s and Japan’s losing phases of their wars got so vicious.

Another of the threads of her presentation, and of her responses to some specific questions afterwards, was the current state of the German-American relationship.  Once more, she had a fairly positive take on the connections at the policy-maker level, although she was pretty up-front that the NSA spying revelations had badly shaken people in Berlin.  She also shared something that I hadn’t thought of.  She allowed that a very great deal of “public” comment in newspapers and other mass media, including specifically the internet, is and is known to be bought-and-paid-for trolling.  Propaganda, in other words.  Beyond citing her connections inside German media she didn’t describe how this is known to be.  It certainly is possible; George Soros and his fellow left-extremists maintain several operations here in the U.S. who monitor various public-forum communications and regularly flood the waves, so to speak, with astroturf outrage.  The Occupy “movement” was little more than astroturf in the streets.  So it can be done.

One thing she also mentioned, and which got me to thinking (difficult, I know), was her observation that for many years America has been a foil for the streak of Romantic idealism that is so strong in German culture and politics.  Years ago while studying in Germany I took a lecture course in American colonial history.  The professor’s particular specialty was colonial New England history.  It was fascinating to see an outsider’s take on one’s own world.  One of the points he made, several times during the course, was the extent to which Puritan idealistic sensibilities still inform American society and especially its politics.  So when our presenter yesterday evening mentioned the repulsive aspects of the German view of America (as opposed to its simultaneous attractive aspects) as being rooted specifically in German idealism, the thought struck me that what you’ve got is competing idealistic sensibilities, and I wondered to what extent their incongruity traces back to the distinctions in the religious traditions that gave rise to them (Pietism on the one hand and Puritanism on the other).  I wonder if anyone’s ever looked at it from that angle, and if so what their conclusions were.  Sort of like neighboring families who’ve been picking at each other so long no one even remembers what it all started about, it would be amusing to tease out whether we’re grousing over two religious traditions that go back over 300 years.

I just wish I could feel as confident in the long-term future as she seems to.  My boys are 12, 10, and 8.  That “generation of turmoil” our presenter sees on the horizon will consume their childhoods and young adulthoods.  And it may consume them, depending on how badly the parties miscalculate.

Well, if You State all Their Assertions in the Same Sentence

. . . You arrive at Iowahawk’s formulation:  Colleges are hotbeds of rape and racism that everyone should attend.

Of the two sets of accusations, the one that doesn’t really concern me is the “racism!” screech.  If Dear Leader and his fawning acolytes in the lamestream media have accomplished one single useful thing in the past six years, it’s having so cheapened the “racism!” ejaculation that pretty much everyone now recognizes it as meaningless.  When everything is racist, then nothing is.  If you want to see genuine “racism” in action, you can watch what’s going on in the Ukraine between ethnic Russians and ethnic Ukrainians.

The development that concerns me more is the system of kangaroo courts that are even now being set up on campuses across the country, all under ukase from the Holder DOJ.  For those who haven’t been following it, the federal government is now mandating, more or less openly, that colleges address accusations of rape on campus not through careful preservation of crime scenes and other physical evidence until the police (you know, those folks who not infrequently have entire teams of people with specialized training in investigating sexual crimes) get there, but rather through a system of “discipline” that seems designed to do little more than make college administrators (and federal bureaucrats) feel good about themselves.

In truth, these panels and how they operate are easily recognized by anyone who has read his Solzhenitsyn.  They’re neither more nor less than the Cheka’s revolutionary tribunals or the OSO administrative sentencing system (most people sent to GuLAG were sentenced by OSO, and not by others of the organs).  From the linked article over at the Foundation for Individual Rights in Education (F.I.R.E; if you’re looking for a worthy object for your charitable giving, you could do a very great deal worse than these folks):

“Foremost among the demands since 2011 is that colleges use the ‘preponderance of the evidence’” standard of proof for adjudicating sexual misconduct accusations — a 50.01 percent likelihood standard that is our nation’s lowest. (In real courts, rape must be proved ‘beyond a reasonable doubt,’ a 98-99 percent likelihood standard.)

This low standard is then used in a disciplinary procedure where students nearly always lack lawyers, no legally trained judge oversees the process, testimony is not under oath, hearsay is freely considered, relevant evidence or even proper notice of the charges may not be given to both parties, students may be forced to incriminate themselves, and whatever ‘jury’ is empaneled may not be of one’s peers.

The task force report from Tuesday actually encourages colleges to make this situation worse. Perhaps recognizing that college hearings are delivering shoddy justice, the task force speaks highly of moving to a ‘single investigator’ model that would entirely dispense with niceties like ‘hearings’ or ‘the ability to face one’s accuser’ by appointing one administrator to act as detective, judge, and jury for campus crimes.”

And that’s just the lousy deal for the guy wrongly accused.  Not mentioned but nearly as objectionable is that the college’s ham-fisted treatment of the case may well irretrievably compromise what otherwise might be a successful criminal prosecution of a genuine rapist.  Remember that state universities are state agencies, their actions can be attributed to the state, and to the extent their functionaries are delegated police powers, you raise all manner of constitutional concerns about how they conduct themselves.  Those constitutional violations — and they will occur, and be legion (hell, colleges nowadays can’t even get the First Amendment right, what with stunts like disciplining students for passing out . . . copies of the Constitution) — are going to create legally cognizable problems for the actual law enforcement agencies when they actually do catch someone who actually has committed a rape that they otherwise could actually prove up beyond a reasonable doubt.  In short, they’ll manage to kick the rapist out of school, but he’ll still be on the street, looking for his next victim.

But none of that matters, though, does it?  Because our administrators can pat themselves on the back and loudly proclaim how tough they are on sexual misbehavior.  And that’s what matters, that educrats feel good about themselves.  That next victim, when he finds her?  She’s just collateral damage, and besides, she may not even be a student.

As I think I’ve mentioned before, I have three boys.  The oldest is seven years from college (assuming he goes).  Given the half-life of stupid ideas, it’s more or less a certainty that these lynch-mob Chekist systems are going to be still going strong when my boys go to college.  I’d like them to be able to enjoy the experience without having to adopt the survival habits of the zeks.  But this system may as well have been purposely designed for abuse, if not outright extortion.  Remember we’re dealing with the Laws of Very Large Numbers.  How many tens of millions of college students are there at any given time?  Now that a majority of them are female, how many millions of female college students does that work out to be?  By that time it will have been impressed on the female student body over the course of years that if you want to get rid of a male you don’t particularly care for (whether for personal or political reasons, or just because you can, because you’re looking for a scalp) all you have to do is engineer a bogus accusation of sexual assault and you will not only have blown up his college attendance, but you will have ruined his life (job interviewer: Why did you change colleges?  job candidate: Errmmmm, ahem, I, uh, just decided to.  interviewer: I see.).

Any system that is set up to be easily abused will be abused.  It doesn’t matter if you’re talking about tax loopholes, government benefits, military supply contracts, absentee voting, political police-state enforcement, or sexual conduct enforcement on college campuses.  When you spread that sort of opportunity before a sufficiently large population, abuse will occur and it will tend to become systemic as the abusers are seen to profit from it (Hayek’s chapter on “Why the Worst Get on Top” in The Road to Serfdom is a good illustration of the phenomenon in a different context).

I feel as though it’s 1937, and I’m watching my boys get ready fill out their applications to join the Komsomol (the leadership of which was shot, several times over, during the purges, and huge numbers of whose members fetched up in the camps).

Because it Worked out so Well for General Motors

. . . When management airily assumed 8-9% annual rates of return on investment to fund its benefit obligations.  Excuse me, that’s Old General Motors, the one that soaked up several billions in outright taxpayers’ money (and was stolen from its creditors to be handed to the UAW in payoff for its electoral support), as well as about $16 billion worth of tax subsidy created by rifle-shot in the tax code (fuller details here).

Mayor De Blasio has presented his first city budget to the New York City council.  In true leftist fashion, he “balances” it by grinding his seed-corn, specifically reserves left from Bloomberg’s tenure.  I don’t carry a brief for li’l Nanny Bloomberg, but you have to give some sort of respect to a mayor who can squire a city through the upheavals of the September 11 aftermath, the implosion of the industry whose epicenter it is (the financial services industry), as well as five-plus years of general economy-wide decline and stagnation . . . and leave his successor a surplus at the end of the day.

I know that De Blasio is too “progressive” (he used the word something like five times in his presentation) to look back for reactionary purposes like seeing how his notions have played out for others who tried them.  He really ought, I suggest, to ponder the lessons of the Holodomor.  When Stalin announced compulsory collectivization, the peasants did the only thing they could to get at least some benefit from their generations’ toil.  They slaughtered and ate their livestock.  Then came the requisitioning commissions, and they took everything, leaving nothing even to plant for the next season.  How’d that work out?  Read about it, if you have the stomach, here.  Or here.

Also in true leftist fashion, he cranks up spending by 6% while “paying” for it from fantastical assumptions about unknown future revenues and unspecified, unenforceable “promises” from the city’s unions to cut healthcare spending — in the future, of course — by $3.4 billion.  Without any premium increases passed on to the rank-and-file.  This is in a world of “Affordable” Care Act plans the uniform feature of which is they cost fabulously more than what they’ve (compulsorily) replaced, because they’re mandated to cover a smorgasbord of benefits that earlier plans typically didn’t.  Like maternity care for 63-year-old males.  We are told not to worry, though, because if the unions don’t voluntarily comply with that pie-in-the-sky $3.4 billion promise, the cuts are going to happen forcibly.  Actually, the article’s paraphrase of De Blasio’s promise to respect them in the morning is “the city reserved the right to enforce some of the terms.”  Some; get it?

Left unmentioned is how they’re going to fit any of the “Affordable” Care Act’s Cadillac-plan tax burden into that $3.4 billion savings.  Dear Leader can utter executive orders all day long, but unless Congress actually chops that provision from the statute, eventually a large number of those union plans are going to get popped, and hard.  At which point they’ll discover something that the rest of us have long since figured out:  Taxes like that work out to be dead-weight losses.

The provision of the budget that really makes my head spin, however, is the bit about the hand-outs to unions (only the teachers are specifically mentioned, but there may be more).  They’re going to get — pay attention closely — retroactive pay increases.  That’s right; their contracts said they’d get paid $X.  They got paid $X.  Their contracts had expired, and they continued to get paid $X.  But now, after the fact and for no additional performance of any nature, they’re going to get paid $X+Y.  Of course, the teachers union vigorously supported Comrade De Blasio in his campaigns.  But This is Not a Payoff of Money for Votes, you understand?  No!!  Pay no attention to the man behind the curtain.

And while the teachers are going to get their money up front — while the Bloomberg surplus lasts, at least — “Much of the cost of retroactive pay for city teachers would not to be paid until the last years of Mr. de Blasio’s theoretical second term.”  Hand the money over now; figure out where it’s coming from eight years from now.  Because we’ve got “more ‘accurate’ forecasting,” you see, so we know what the world, national, and local economies are going to be doing eight years from now.  Eight.  Years.  From.  Today.  You heard it there first, people; the city government of New York City is officially basing its long-range financial commitments on possession of a crystal ball.

On a final note, there’s a line in there about adding in $20 million for “student aid” programs at City University of New York.  For those who don’t recall, CUNY’s original mandate was to provide free or very-low-cost quality higher education to the city’s less-well-off.  For years it did pretty much exactly that.  Oh sure, it’s had its moments of comedy, such as Leonard Jeffries, but by and large it did what it was supposed to, and for many students did an outstanding job.  Those days appear to be ending, if they’re not already over.

Now CUNY is morphing into a comfy slush fund for sinecures, place-men, and political payoffs.  Recently former Enron advisor and populist mountebank Paul Krugman got hired by CUNY to . . . well, that’s the point.  For his entire first year he’s been hired to do pretty much nothing.  Thereafter, he’s obliged to do only nearly nothing.  And for this he’s getting a base salary of $225,000 per year (with summers off, thereby increasing the annualized lick to an even $300,000), plus $10,000 for “expenses.”  So that’s $235,000 (plus payroll taxes, plus other benefits) cash out the door, each year.  Which means that over 1% of that $20 million in “student aid” is actually going to one man.  Who has been hired to do as close to nothing as you can imagine.

This is progress, folks, with a vengeance.