Category Archives: Law

California, Nestle and Decentralization, by Antonius Aquinas

California is driving out businesses and productive people with its onerous taxes and regulation, but California’s liberals assume everything will turn out okay, because things are always golden in the Golden State. Until they don’t. From Antonius Aquinas on a guest post at theburningplatform.com:

Nestle USA has announced that it will move its headquarters from Glendale, California, to Rosslyn, Virginia, taking with it about 1200 jobs. The once Golden State has lost some 1600 businesses since 2008 and a net outflow of a million of mostly middle-class people from the state from 2004 to 2013 due to its onerous tax rates, the oppressive regulatory burden, and the genuine kookiness which pervades among its ruling elites.* A clueless Glendale official is apparently unconcerned about the financial repercussions of Nestle’s departure saying that it was “no big deal” and saw it as an “opportunity,” whatever that means!

The stampede of businesses out of what was once the most productive and attractive region in all of North America demonstrates again that prosperity and individual freedom are best served in a political environment of decentralization.

That the individual states of America have retained some sovereignty despite the highly centralized “federal” system of government of which they are a part has enabled individuals and entrepreneurs living in jurisdictions that have become too tyrannical to “escape” to political environments which are less oppressive. This, among other reasons (mainly air conditioning), led to the rise of the Sun Belt as people sought to escape the high taxes and regulations of the Northeast to less burdensome (and warmer!) southern destinations.

This can also be seen on a worldwide scale. The US, for a long time, had been a haven of laissez-faire economic philosophy, which, not surprisingly, became a magnet for those seeking opportunity and a higher standard of living. No longer is this the case as increasing numbers of companies and individuals are seeking to avoid American confiscatory tax and regulatory burdens and move “offshore” or expatriate to more favorable economic climates.

To continue reading: California, Nestle and Decentralization

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Over-Regulation Has Criminalized the Practice of Medicine, by Charles Hugh Smith

One big reason why doctors, especially older one, are leaving the profession in droves: over-regulation. From Charles Hugh Smith at oftwominds.com:

This criminalization of everyday life is not just insanely costly and insanely counter-productive–it’s insanely punitive.

The average person has little exposure to the criminalization of everyday enterprise in America via over-regulation and outsized penalties for even accidental violations of rules and regulations. One field that continues to be burdened with excessive/counter-productive regulations and outsized penalties is the practice of medicine.

I received the following email from a physician correspondent:

“As you will see, physicians have to deal with the federal government’s increasingly crazy and copious rules (like which patients they can screen for disease and how often).

The following is an email ad I received for an expensive service that provides no benefit to the ill and injured of America. It’s bureaucratic nonsense.”

Here is the email ad:

Can you afford a $1.1 million penalty and a 50-year exclusion from Medicare? That’s what one New Jersey provider is facing. And he’s not alone. In the last couple of months a facility in Utah is now under a 30-year exclusion, and a New York physician is now excluded from Medicare for five years.

These penalties and exclusions not only affect those providers that are intentionally fraudulent. Even an innocent mistake can land you in serious legal and financial hot water. Being tagged as “excluded” by the Office of the Inspector General (OIG) can crush your practice — especially considering the new guidelines that went into effect just a couple of days ago (on Feb. 13th).

Tomorrow, a leading healthcare attorney will walk you through the new exclusionary rules that just took effect so that you can really understand what will keep you off of the OIG’s hit list.

To continue reading: Over-Regulation Has Criminalized the Practice of Medicine

A New Jacksonian Era? by Jim Quinn

There are some similarities between Andrew Jackson and Donald Trump; time will tell how many. From Jim Quinn at theburningplatform.com:

“Gentlemen! I too have been a close observer of the doings of the Bank of the United States. I have had men watching you for a long time, and am convinced that you have used the funds of the bank to speculate in the breadstuffs of the country. When you won, you divided the profits amongst you, and when you lost, you charged it to the bank. You tell me that if I take the deposits from the bank and annul its charter I shall ruin ten thousand families. That may be true, gentlemen, but that is your sin! Should I let you go on, you will ruin fifty thousand families, and that would be my sin! You are a den of vipers and thieves. I have determined to rout you out, and by the Eternal, (bringing his fist down on the table) I will rout you out!” – Andrew Jackson

“There is nothing the political establishment will not do, and no lie they will not tell, to hold on to their prestige and power at your expense. The Washington establishment, and the financial and media corporations that fund it, exists for only one reason: to protect and enrich itself. This is a crossroads in the history of our civilization that will determine whether or not We The People reclaim control over our government. The political establishment that is trying everything to stop us, is the same group responsible for our disastrous trade deals, massive illegal immigration, and economic and foreign policies that have bled this country dry.

The political establishment has brought about the destruction of our factories and our jobs, as they flee to Mexico, China and other countries throughout the world. It’s a global power structure that is responsible for the economic decisions that have robbed our working class, stripped our country of its wealth, and put that money into the pockets of a handful of large corporations and political entities.” – Donald Trump

Andrew Jackson was a bigger than life figure who lived from the early stages of the American Revolution until the country was on the verge of splitting apart over slavery and states’ rights issues. Born in the Carolinas shortly after his father died in an accident, he acted as a courier during the Revolutionary War. Andrew and his brother Robert were captured by the British and held as prisoners and nearly starved to death in captivity.

To continue reading: A New Jacksonian Era?

 

Civil Asset Forfeiture – Ruining Lives, While Failing To Stop Crime, by Duane Norman

Trump’s come down on the wrong side of the civil asset forfeiture issue and he may not even know what it is. From Duane Norman at fmshooter.com:

Yesterday, President Trump met with the National Sheriff’s Association at the White House. Like so many Trump comments, this one took a strange turn when Trump (jokingly or not) threatened to “destroy the career” of a Texas state Senator:

During the meeting, Rockwall County, Texas, Sheriff Harold Eavenson told President Trump about a piece of asset forfeiture legislation he believes would aid Mexican drug cartels…here’s the full conversation:

Eavenson: “There’s a state senator in Texas that was talking about legislation to require conviction before we could receive that forfeiture money.”

Trump: “Do you believe that?”

Eavenson: “And I told him that the cartel would build a monument to him in Mexico if he could get that legislation passed.”

Trump: “Who is that state senator? I want to hear his name. We’ll destroy his career…”

Though the major point of conversation was about Trump’s threat to a state legislator, the bigger story should be the implicit support Trump gave to civil asset forfeiture, whether he realized it or not. And if you are not aware what civil asset forfeiture is, it is (surprisingly) something that is agreed by both sides of the aisle to be unjust and unconstitutional, and rightfully so.

Civil asset forfeiture is defined by Wikipedia as “a controversial legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing.” The practice is commonplace in the war on drugs, but it can be extended to almost anything.

What it means is that the government can essentially seize any of your assets it can find (be it in a bank account, or cash/gold/whatever you have in a safe or under the mattress), label them a part of a “criminal investigation,” and keep them indefinitely, without sufficient due process for the citizen to challenge the seizures, and whether you are ultimately charged with a crime or not.

To continue reading: Civil Asset Forfeiture – Ruining Lives, While Failing To Stop Crime

A Maniac is Running Our Foreign Policy (It’s Not Trump), by Ann Coulter

In light of previous cases involving Democratic presidents, US District Court Judge James Robart overstepped his authority when he granted a temporary stay of Donald Trump’s immigration executive order. From Ann Coulter at anncoulter.com:

If only we were able to deport citizens, we could use Trump’s new policy of excluding those who are “hostile” toward our country to get rid of Judge James Robart.

Judge Robart’s veto of Trump’s travel ban notwithstanding, there is not the slightest question but that the president, in his sole discretion, can choose to admit or exclude any foreigners he likes, based on “the interests of the United States.”

The Clinton administration used the executive branch’s broad power over immigration to send a 6-year-old boy back to a communist dictatorship. The courts were completely powerless to stop him.

As explained by the federal appellate court that ruled on Elian Gonzalez’s asylum application: “It is the duty of the Congress and of the executive branch to exercise political will,” and “in no context is the executive branch entitled to more deference than in the context of foreign affairs,” which includes immigration.

The court acknowledged that Elian might well be subjected to “re-education,” “communist indoctrination” and “political manipulation.” (Then again, so would enrolling him at Sidwell Friends.) It didn’t matter! Sending little boys back to communist dictatorships was the policy of the Clinton administration.

The Obama administration’s immigration policy was to ensure that millions of poverty-stricken foreigners would come here and help turn our country into a Mexican version of Pakistan.

When Arizona merely tried to enforce the federal immigration laws being ignored by the Obama administration, the entire media erupted in rage at this incursion into the majestic power of the president over immigration. They said it was like living in Nazi Germany!

The most reviled section of the act, melodramatically called the “Papers Please” law, was upheld by the Supreme Court. But the other parts, allowing state officials to enforce federal immigration laws, were ruled unconstitutional. A president’s policy choice to ignore immigration laws supersedes a state’s right to enforce them.

To continue reading: A Maniac is Running Our Foreign Policy (It’s Not Trump)

The FBI: The Silent Terror of the Fourth Reich, by John W. Whitehead

The US government has not gone 100 percent down the path trod by Nazi Germany, but it has gone far enough—if one acknowledges all the things it does that are not generally acknowledged—that it should make us quite uncomfortable. From John W. Whitehead at rutherford.org:

“After five years of Hitler’s dictatorship, the Nazi police had won the FBI’s seal of approval.”— Historian Robert Gellately

Lately, there’s been a lot of rhetoric comparing Donald Trump to Adolf Hitler. The concern is that a Nazi-type regime may be rising in America.

That process, however, began a long time ago.

In fact, as historian Robert Gellately recounts, following the second World War, the U.S. government recruited Hitler’s employees, adopted his protocols, embraced his mindset about law and order, implemented his tactics in incremental steps, and began to lay the foundations for the rise of the Fourth Reich.

Sounds far-fetched? Read on. It’s all documented.

With every passing day, the United States government borrows yet another leaf from Nazi Germany’s playbook: Secret police. Secret courts. Secret government agencies. Surveillance. Censorship. Intimidation. Harassment. Torture. Brutality. Widespread corruption. Entrapment. Indoctrination. Indefinite detention.

These are not tactics used by constitutional republics, where the rule of law and the rights of the citizenry reign supreme. Rather, they are the hallmarks of authoritarian regimes, where the only law that counts comes in the form of heavy-handed, unilateral dictates from a supreme ruler who uses a secret police to control the populace.

That danger is now posed by the FBI, whose laundry list of crimes against the American people includes surveillance, disinformation, blackmail, entrapment, intimidation tactics, harassment and indoctrination, governmental overreach, abuse, misconduct, trespassing, enabling criminal activity, and damaging private property, and that’s just based on what we know.

Consider the FBI’s far-reaching powers to surveil, detain, interrogate, investigate, prosecute, punish, police and generally act as a law unto themselves—much like their Nazi cousins, the Gestapo—and then try to convince yourself that the United States is still a constitutional republic.

Just like the Gestapo, the FBI has vast resources, vast investigatory powers, and vast discretion to determine who is an enemy of the state.

To continue reading: The FBI: The Silent Terror of the Fourth Reich

Man’s Pacemaker Used To Track And Charge Him With Crime, by Josie Wales

This is disturbing. From Josie Wales at theantimedia.org:

(ANTIMEDIA) Hamilton, OH — An Ohio man pleaded not guilty to arson charges Tuesday after police arrested him, in part, based on information obtained from the man’s pacemaker. According to officials, 59-year-old Ross Compton stands accused of burning his home down on September 15 and faces charges of aggravated arson and insurance fraud.

Police say they obtained a warrant to search all electronic information stored on Compton’s pacemaker when he gave statements that were not consistent with the evidence found at the fire. He told authorities that “he packed belongings when he saw the fire, threw them out of a window and carried them to his car.” According to court documents, a cardiologist who reviewed the data on the pacemaker determined “it is highly improbable Mr. Compton would have been able to collect, pack and remove the number of items from the house, exit his bedroom window and carry numerous large and heavy items to the front of his residence during the short period of time he has indicated due to his medical conditions.”

The case raises the issue of privacy rights with regard to sensitive medical data. Electronic Frontier Foundation Criminal Defense Staff Attorney Stephanie Lacambra is concerned that technological advancements will lead to a loss of individual privacy, with this case setting a dangerous precedent.“Cases like this could be the canary in the coal mine concerning the larger privacy implications of using a person’s medical data,” she told SC Media.

As Lacambra went to point out:

“Americans shouldn’t have to make a choice between health and privacy. We as a society value our rights to maintain privacy over personal and medical information, and compelling citizens to turn over protected health data to law enforcement erodes those rights.”

http://theantimedia.org/pacemaker-data-used-charge-crime/