Texas Court of Criminal Appeals to Judge Kevin Fine: No, You Can’t Magically Rule the Death Penalty Unconstitutional

January 12th, 2011

The Texas Court of Criminal Appeals (the highest criminal court in Texas, as the Texas Supreme Court does not handle criminal cases) told State District Judge Kevin Fine, in essence, cut it out. One key factor in the ruling is that the named defendant, accused murderer John Edward Green, hasn’t even gone to trial yet, much less been convicted and given the death penalty.

Judge Fine (presumably no relation to Larry) was all set to hold hearings on the constitutionality of Texas application of the death penalty before the ruling told him not even to bother. This was after he had just gone ahead and declared the death penalty unconstitutional in March, only to reverse himself a week later.

Though a Democrat, Fine sounds like an interesting and sympathetic fellow: A heavily-tattooed recovering cocaine addict elected to Houston’s “drug court” in 2008. He seems like the sort of person you would want to wish well. But a compelling life-story doesn’t get you a pass on blatant judicial activism. The Constitution itself makes repeated reference to the fact that no United States citizen can be deprived of life “without due process of law,” which says that they can be deprived of life with due process of law; otherwise the Constitution would merely that that they could not be deprived of life, period. The death penalty was legal in every state after the Constitution was ratified, and the Supreme Court has reaffirmed the basic constitutionality of the death penalty in every related case it has heard since Gregg vs. Georgia in 1976.

Certainly the issue of the death penalty is troubling, as there are few fates worse than being unjustly executed by the state. However, trial by jury is probably the least corrupt of America’s democratic institutions, and the criminal appeals process is far more heavily weighted toward letting the guilty go free than executing the innocent. Moreover, application of the death penalty would rank pretty far down the list of innocent people killed by the federal government; indeed, I feel confident in stating that fewer innocent men and women have been executed by the death penalty than were killed by the ATF under the Clinton Administration. And when you examine the details of cases that anti-death penalty crusaders say prove that innocent people have been executed, you find out that those same people frequently lie, and in many cases the accused was as guilty as sin. I don’t think there’s any question that the number of murders committed by ex-cons foolishly released or paroled exceeds people executed who were not guilty of the crimes for which they were executed by several orders of magnitude.

If men were angels we would need no laws. The death penalty should only be applied judiciously, but it is constitutional, and should be applied.

Paul Kanjorski Hits Bottom, Goes Spelunking

January 11th, 2011

Remember Paul Kanjorski? You know, the Democratic congressman and Stupak block turncoat from Pennsylvania that Lou Barletta slaughtered in November? (Can we still use “slaughtered” in a political context post-Jared Lee Loughner? How about creamed? Spanked? Hmm, I should probably desist from that line of thought…) The guy who wrote a $10 million earmark for his own relatives? Thought you’d heard the last of him, didn’t you?

That was until he published a New York Times editorial calling for civility and respect in political discourse. That would be great, if it weren’t coming from someone who recently called for the shooting of a Republican candidate:

“Instead of running for governor of Florida, they ought to have him [Rick Scott, the Republican candidate for Florida governor] and shoot him. Put him against the wall and shoot him.

A class act, Mr. Kanjorski. It makes me very glad that Lou Barletta was one of the candidates I actually donated to in 2010.

Surely there has to be at least one Democratic official calling for tact and civility who hasn’t called for the murder of political opponents. Hasn’t there?

(Hat tip: Instapundit)

Jared Lee Loughner/Gabrielle Giffords Shooting Link Roundup

January 10th, 2011

I was going to post another piece on the shooting, but Instapundit has already covered pretty much everything I wanted to say. (Shakes tiny fist in impotent rage. “Damn you, Glenn Harlan Reynolds! Damn you to Hell!”) By now the story is less about a crazy man killing political figures and innocent bystanders than it is the left’s desperate and distasteful attempts to pin the act on the Tea Party.

So. Some links:

Republican Judge Killed by Left Wing Extremist Insane Lunatic

January 9th, 2011

The good news is Democratic congresswoman Gabrielle Giffords is alive and able to communicate. Sadly, Federal Judge John Roll, appointed by President George H. W. Bush to the bench in 1991 is dead. Roll received death threats over his ruling in an illegal alien case in 2009.

Did accused shooter Jared Lee Loughner assassinate Judge Roll for political reasons?

Hell no. Loughner killed Roll and five other people because he was a violent, unstable lunatic, and more and more evidence is coming out to that effect. As Arizona Senator John Kyl put it: “It’s probably giving him too much credit to ascribe a coherent political philosophy to him.”

Despite that, the far left is still trying to pin this on Sarah Palin. I suspect that will work out for them almost as well as their “the Tea Party is racist” meme.

Sometimes people do commit horrific acts of violence for easily-identifiable ideological reasons. Maj. Nidal Hasan’s Ft. Hood shooting spree is a classic example. Jared Lee Loughner’s shooting spree is not.

Jared Lee Loughner is a Left-Wing Extremist Raving Nutbag

January 9th, 2011

The evidence is now in, and what little seems to be known about accused Arizona shooter Jared Lee Loughner from people that knew him was that “he was leftwing” and “liberal in wanting to change the way the world was run, we both wanted to. He took it to an extreme I never would’ve.”

Does that mean that Arizona Democratic Congressman Gabrielle Giffords was shot by a “left wing extremist?” No. When you read his manifesto, you see that his political leanings, such as they are, were not “left” or “right” so much as “completely farking loony toons batshit insane.” His manifestos jump from subject to subject more quickly than a jittering tweaker flips channels on a TV remote. To paraphrase an entry in the Bulwer-Lytton contest, ideas seem to tumble around randomly in his head, making and breaking connections like a load of laundry in a dryer without Cling Free. They have some of the same quality of argument as Time Cube Guy: It’s less that his manifesto is wrong than that you can’t actually understand what he’s trying to say.

(Boing Boing has even more of his manifestos up, and the Time Cube Guy vibe only gets stronger. Except for the fact that Gene Ray never killed anyone…)

Loughner’s liberalism didn’t make him crazy, his crazy made him crazy.
I mean, how crazy do you have to be to expelled from a pre-algebra class? “Solve for X.” “Admit it! X is a total lie!!!! There is no X, only Zuul!”

Which makes it all the more galling how quickly The Usual Left Wing Suspects tried to pin his deeds on the Tea Party in general and Sarah Palin specifically. Never mind that military terminology has been in politics for a long time, or that liberals have done the exact thing they’re now jumping on Palin for.

Every time anyone even remotely connected to conservative causes commits a violent act, the nutroots and their media enablers are quick to label them a “right wing extremist,” but anyone with demonstrable left wing sympathies is a “lone nut.” (Indeed, they’re pretty blatant about it.) Indeed, one of the most famous assassins in American history was a known communist sympathizer who defected to the Soviet Union, but you never hear Lee Harvey Oswald described by the media as a “left-wing extremist.”

And don’t forget that the far left’s open and oft-stated desire to assassinate George W. Bush. Thus the attempt by prominent liberals to make Loughner a Tea Partier is more than a little contemptible. But such contemptible behavior is no longer surprising; it’s merely what they do.

(Hat tips to Instapundit (more than once), Powerline, and a few random Fark posters.)

“Each subject is unlocatible!” or the Unreadable Manifesto of Accused Gabrielle Giffords Shooter Jared Laughner

January 8th, 2011

Here is part of the alleged manifesto of accused Gabrielle Giffords shooter Jared Laughner (which comes from people doing screen caps of his purported videos):

Hello, and welcome my classified leak of information that’s of the United States Military to the student body and you. Firstly, I want you to understand this from the start. Did you know grammar is double blind, listener? Secondly, if you want to understand the start of revelatory thoughts then listen to this video. I’ll look at you mother fuckin Anarchists who have a problem with them illegal illiterate pigs. :-D If you’re a citizen in the United States as of now, then your constitution is the United States. You’re a citizen in the United States as of now. Thus, your constitution is the United States. Laugh. I’ll let you in on their little cruel joke that’s genocidal. They’re argument is appeal to force on their jurisdiction with lack of proof of evidence. Each subject is in question for the location! The police don’t quite get paid correctly with them dirty front runners under section 10? Their country’s alliances are able to make illegal trades under section 10. Eh! I’m a Nihilist, not someone who put who put trust in god! What is section 10 you ask? If you make a purchase then it’s illegal under section 10 and amendment 1 of the United States constitution. You make a purchase. Therefore, it’s illegal under section 10 and amendment 1 of the United States constitution. We need a drum roll for those front runners in the election; those illegal teachers, pigs, and politicians of yours are under illegal authority of their constitution. Those dirty pigs think they know the damn year. Thirdly, tell them mother fuckers to count from 0 to whenever they feel a threat to stop their count. We can all hope they add new numbers and letters to their count down. Did you run out of breath around the trillions, listener? Well, B.C.E is yet to start for Ad to begin! What does this mean for a citizen in any country? Those illegal military personal are able to sign into a country that they can’t find with an impossible date! How did you trust your child with them fraud teachers and front runners, listener? Did you now know that the teachers, pigs, and front runners are treasonous! You shouldn’t jump to conclusion with your education plan. The constitution as of now, which is in use by the current power pigs, aren’t able to protect the bill of rights! Do you now have enough information to know the two wars are illegal! What is your date of time, listener? Fourthly, those applications that are with background checks break the United States constitution! What’s your riot name? I’ll catch you! Top secret: Why don’t people control the money system? Their Current Currency(1/1) / Your new infinite currency (1/~infinte) This is a selcte information of revoluntary thoughts! Section 10 – Powers prohibited of States No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Each subject is unlocatible!

If that is indeed his real manifesto, then the only political faction he seems to belong to is The Republic of Loony Tunes. It seems like something more from an Ionesco play or a Monty Python skit than a political assassin.

Nothing to add except linking to this Radley Balko bit, which pretty much sums it all up.

This Week in Jihad for January 6, 2011

January 6th, 2011

I hope everyone had a Happy New Year. Here’s a roundup from the world of Jihad, where things aren’t nearly so happy:

(Hat tips: JihadWatch, Creeping Sharia, Michael Totten, etc.)

Obama Loses the David Brooks Vote

January 6th, 2011

It is well known that one of the biggest reasons for columnist David Brooks’ otherwise inexplicable swoon over Obama was his natty dressing style. “I remember distinctly an image of—we were sitting on his couches, and I was looking at his pant leg and his perfectly creased pant, and I’m thinking, a) he’s going to be president and b) he’ll be a very good president.”

However, Obama may have just lost the all-important Brooks vote due to this image:

Can David Brooks possibly love an Obama that can’t even button a jacket correctly? Sure, you and I may think “Eh, it happens.” But we’re not hyper-fashion-aware columnists for The New York Times.

Also, does anyone doubt that if Bush misbuttoned his jacket, it would have instantly been proclaimed a sign of mental deficiency across the lefty blogosphere?

Governor of Punjab Assasinated for Opposing Blasphemy Laws

January 4th, 2011

This is not good news. Imagine if the governor of California or Texas were assassinated in broad daylight by his own bodyguard. Well, that’s what happened to Punjab Governor Salman Taseer in Pakistan. Of course, former Prime Minister Benazir Bhutto was also assassinated, and Indian PM Indira Gandhi was assassinated by her own bodyguards, in large measure due to policies regarding Sikhs in the Indian portion of Punjab.

As for who is responsible, who knows? It could be a freelance jihadist, it could be al Quada, it could be Taliban, or it could be some of the Islamist elements of the Pakistani ISI. (Given the circumstances, I’m assuming it wasn’t Kashmiri nationalists, though stranger things have happened.) In any case, it’s bad news for a nuclear-armed nation that always seems to be inching ever closer to become a failed state.

I don’t have any particular insight into Pakistani, so I direct you to the odd piece by the ever-interesting Christopher Hitchens, which are long on insight and short on hope. Sometimes, as in the Middle East, there are simply no good options.

A Centennial Worth Celebrating

January 1st, 2011

This year is the hundredth anniversary of John Moses Browning’s Colt M1911 automatic pistol, the basis of pretty much every automatic handgun. The design is so successful that, to the untrained eye, a .45 automatic manufactured today will look very much the original 1911. Here, for example is my own Kimber .45, purchased in the mid-1990s:

Compare this to the original M1911, and the even closer (and only slightly revised) M1911A from 1926:

The M1911 deign has really stood the test of time. You’d be hard-pressed to find a device of similar complexity still in common use today that hasn’t undergone radical modification. Hats off to the far-sighted shade of John Moses Browning.