A right-leaning disgruntled Republican comments on the news of the day and any other thing he damn-well pleases.
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Saturday, August 15, 2020
Rep. Curtis Halfords account of an encounter with protestors. They are not peaceful protestors but thugs, vandals and criminals and the D.A. refuses to prosecute.
The four important accomplishments of the Special Session
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| Susan Lynn |
The measure now awaits the governor’s signature.
House Republicans support business sustainability in Tennessee
The Tennessee Covid-19 Recovery Act was approved in the House chamber by an 80-10 vote Wednesday. This legislation increases liability protections for businesses, schools, institutions of higher learning, churches, as well as civic organizations that operate in good faith from frivolous claims by raising standards for action from the current standard of simple negligence to a new standard of gross negligence or willful misconduct.
Under this proposal, any individual alleging injury must file a verified complaint, citing specific facts, as well as clear and convincing evidence that the injury was caused by an act or omission constituting gross negligence or that an entity demonstrated willful misconduct, resulting in a loss, damage, injury, or death from Covid-19.
All lawsuits already filed or in process on or before the date of the governor’s call for a special session on Aug. 3 would not be affected by the Tennessee Covid-19 Recovery Act and may still proceed.
These are extraordinary times, and our businesses have suffered considerable hardships because of unexpected closures in recent months. Additionally, schools have worked tirelessly to implement protocols and procedures so they can safely reopen and educate our children.
The Tennessee Covid-19 Recovery Act protects these and other entities by establishing predictable standards moving forward for future pandemic-related lawsuits so individuals or groups seeking a payday do not abuse our legal system to file a baseless claim against an individual or organization in our state.
- A 30 day mandatory minimum sentence for assault of a first responder.
- A 90 day mandatory minimum sentence for aggravated assault of a first responder.
- A 30 day mandatory minimum sentence for participation in a riot and an order of restitution for property damage or loss associated with the offense.
- A 45 day mandatory minimum sentence for aggravated rioting and an order of restitution for property damage.
House Bill 8006 now heads to the governor’s desk for his signature.
Friday, August 14, 2020
Push for Black Lives Matter street mural underway in Nashville
by Rod Williams - I have been very disappointed in Mayor Cooper up until this point. I have disapproved of the way he tolerated rioters almost burning down the courthouse and how he was slow to protect downtown businesses from vandals and arsonist. I have been disappointed that he called for a massive tax increase rather than austerity to deal with the financial crisis facing the city. However, I have tried to retain some respect for him and rationalize that our differences were simply policy differences. For example, I think it was a mistake to close down lower Broadway, but he has the burden of deciding what is the best approach. None of us know enough to be sure we are making the right decision in how to deal with this virus. I can question if he made the right decision and still respect his decision. Maybe, if I had the awesome responsibility of making that decision and had gone through the same process of evaluation and felt the same burden of making a wrong decision, I would have decided the same way. I don't know.
There is a push to paint a Black Lives Matter street mural downtown. Advocates want it painted on Dr. M.L.K. Jr. Boulevard in front of the Tennessee Capitol. I hope Mayor Cooper does not allow this to happen. After a 34% tax increase, if he can allow city funds to be spend to paint a divisive propaganda mural downtown, also in a location intended to give the State the middle flinger, then all respect I had for Mayor Cooper is gone. I will no longer believe that he is a good man with whom I simply have policy differences. If he panders by allowing the mural to be painted and uses city funds to do it, then he is more than just a disappointment; he is deplorable.
In many other cities where similar street murals have been painted, they have quickly been vandalized. Tossing paint-filled balloons out of their car as they cruise down the street is one method of vandalizing this government-sponsored propaganda. If painted in Nashville, I wonder if Nashville's BLM mural will also be vandalized?
Wednesday, August 12, 2020
Tennessee to get tough on violent protestors
Six Police Reforms for Nashville
Reform #1 The Drug War
The War on Drugs might be the worst public policy implemented since 1970 for several reasons. Confining those to current events and specifically to racial discord is difficult because of the pervasiveness the drug war has on every aspect of criminal justice. For that reason, I will attempt to confine this discussion to the impact of policing the drug war and its disparate impact on minorities by quoting an aide to President Nixon, John Ehrlichman.
“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”[iii]
As Abolitionist Lysander Spooner wrote, “It is a maxim of the law that there can be no crime without a criminal intent; that is, without the intent to invade the person or property of another.”[iv] To make vices crimes and with the racial intent of the law, the result has been devastating on the African American community. For example, In 2014, African Americans constituted 2.3 million, or 34%, of the total 6.8 million correctional population.[v] Worse, Black males ages 18 to 19 were 12.7 times as likely to be imprisoned as white males of the same ages, the highest black-to-white racial disparity of any age group in 2018.[vi] When African Americans see these type of disparities, is it any wonder why they demand reform?
Unless police are willing to stop prosecuting the war on drug, effectively creating a de facto treatment of drugs like that of Portugal’s de jure decriminalization of drugs, perhaps the next best approach is something called Law Enforcement Assisted Diversion (LEAD) a program which enables officers to divert individuals who commit crimes due to drug addiction to specially trained case managers. These case managers coordinate addiction and mental health treatment, shelter, housing, health care, counseling, bureaucracy, and employment. Evaluations have shown that LEAD reduces recidivism, felony crime, homelessness, and unemployment, while improving citizen perceptions of the police.[vii]
Mental health diversion programs like Miami-Dade’s Criminal Mental Health Project (CMHP) dispatch specially trained officers to emergency calls that may involve mental illness. These officers bring in offenders for mental health evaluation, safely diverting many from jail to support services that include medication, counseling, housing, and help navigating government bureaucracy. CMHP has been shown to significantly reduce recidivism, incarceration, and criminal justice spending.[viii]
Reform # 2 Sever the relationship between crime labs and law enforcement
Within the current legal system, it is often difficult to challenge the analysis of a police crime lab, even for the defense. Although the word “forensic” derives from the Latin word for the forum, where citizens congregated to dispute public questions, modern forensic science is anything but public or adequately open to dispute. The forensics lab holds an effective monopoly on the analysis of the evidence presented to it. The lab’s scientist is free to infer from the evidence without being second-guessed. The forensic worker, therefore, has power.
While the vast majority of forensic scientists wield this power fairly and competently, a few do not. The proper function of forensic science is to extract the truth. According, however, to a study in 2001:
As it is practiced today, forensic science does not extract the truth reliably. Forensic science expert evidence that is erroneous (that is, honest mistakes) and fraudulent (deliberate misrepresentation) has been one of the major causes, and perhaps the leading cause, of erroneous convictions of innocent persons.[ix]In the wake of DNA exonerations, an extensive literature has developed on the limited reliability of forensic testimony. The institutional structure of forensic work is an important source of error, insufficiency, and occasionally, malfeasance. Our adversarial criminal courts organize disputes between the prosecution and the defense. But the current institutional structure of forensic science places the results of forensic scientists largely beyond dispute.
In its report to Congress the National Academy of Sciences explains: “Forensic scientists who sit administratively in law enforcement agencies or prosecutors’ offices, or who are hired by those units, are subject to a general risk of bias.” That is why it is time to change the relationship between crime labs and law enforcement.
Forensic labs are often organized within police departments and are thus dependent on the departments for their budgets. This institutional relationship creates a pro-prosecution bias, as the managers of forensics units answer to law enforcement agencies. For example, David Williams, an investigator in the Federal Bureau of Investigation’s (FBI) Explosives Unit, was found to have “tailored” his testimony “to the most incriminating result” in two trials, namely, the prosecutions for the World Trade Center bombing of 1993 and the Oklahoma City bombing of 1995. In the Oklahoma case, “Williams repeatedly reached conclusions that incriminated the defendants without a scientific basis and that were not explained in the body of the report.”[x]
“Scientific…assessment conducted in forensic investigations should be independent of law enforcement efforts either to prosecute criminal suspects or even to determine whether a criminal act has indeed been committed. Administratively, this means that forensic scientists should function independently of law enforcement administrators. The best science is conducted in a scientific setting as opposed to a law enforcement setting. Because forensic scientists often are driven in their work by a need to answer a particular question related to the issues of a particular case, they sometimes face pressure to sacrifice appropriate methodology for the sake of expediency.”[xi]
Removing forensic service providers from administrative oversight by law enforcement (to include prosecutor’s offices) addresses the “fox guarding the hen house” issue. Those responsible for acting on the jurisdiction’s or defendant’s behalf in court are not in charge of the neutral arbiter of facts that support or refute criminal allegations. The implication is not that all law enforcement oversight of laboratory functions is biased but that—purely based on mandated responsibilities—the potential for that particular brand of bias is greater than if the laboratories were independent. Other types of bias may occur but, as an independent agency, the laboratory can at least act on them without collateral repercussions and resistance due to professional cultural differences.
Reform # 3 Demilitarize the Police
This subject matter is discussed in greater depth in an essay about the MNPD, here: https://libertyseekingrebel.blogspot.com/2020/06/police-militarization-from-nashville.html
Reform # 4 Warrant service
Forced entry and no-knock warrants are almost exclusively executed in furtherance of the War on Drugs and represent one more reason why the War on Drugs is such a dangerously bad policy. The killing of Breonna Taylor in Louisville, KY was a result of a no-knock warrant.[xii] A truly meaningful reform would bar any forced entry into a private residence unless the police have reason to suspect someone inside presents an imminent threat to others, such as an active shooter, a kidnapping or a robbery in progress.
Reform # 5 Public Sector Employee Unions
In the current climate, it is easy to attack police unions for their protection of bad officers. But the truth is, as a city government, Metro cannot treat one collective bargaining unit different from others. In other words, if the FOP is to be excluded from certain aspects of negotiations, then the MNEA and SEIU must be treated in the same manner. Any Council member who fails to recognize the necessity for equal treatment of all these groups is setting the city up for civil liability.
With that in mind, research on the subject is helpful. A 2019 study from the researchers at the University of Chicago analyzed violent police incidents following a 2003 Florida Supreme Court decision that granted sheriffs' deputies the right to organize. This sophisticated analysis compares agencies with newly granted collective-bargaining rights with other police agencies that already had such rights. "(T)he right to bargain collectively led to about a 40-percent increase in violent incidents," the report concludes.[xiii]
This type of data cannot be ignored and must be addressed by limiting the areas in which the police collective bargaining unit can negotiate with the city. Police unions have made it impossible for police chiefs to reform their departments, get rid of the small number of thugs within their midst, root out police corruption and privatize services.
Reform # 6 OPA vs COB
If anyone has not done so, I strongly urge all to read the packet released by Silent No More TN and its founder, former MNPD sex abuse detective and Master Patrol Officer Greta McClain. It describes many issues within the department, chief of which appears to be a lack of internal control. Having read the rather long letter attached to the report by some anonymous source with detailed knowledge of the internal problems within the department, it is time to consider some major changes to the way complaints are handled.[xiv]
For many years, the Office of Professional Accountability handled all major complaints against officers. Since its creation, it operated under the leadership of a civilian but its investigators were sworn officers. It was believed this would create a perception that those who investigated officers were somewhat separated from the officers they investigated. However, as years passed, the citizens of Nashville believed this to be an insufficient means of police oversight and in a county-wide referendum chose to create a Community Oversight Board. The result has been conflict between the MNPD and the COB, a lack of direction for the COB which led it down a path of decades old cases and COB being left out of active situations. The time is ripe for Metro government to take some action beyond that which the referendum calls for and move to a different approach of the investigation of complaints.
It may be helpful to first understand how the process works now. A complaint which goes to OPA for investigation is assigned to investigators who then compile testimony and evidence to complete a report which is then reviewed by their supervisors and ultimately by the director of OPA. The report will detail the findings of the investigation and then present a recommendation to the Chief of Police. The findings of the report may exonerate the officer, sustain the complaint, find a problem with departmental policy and fail to sustain the complaint. In a case where the officer faces any type of disciplinary action, the officer may request a hearing before the Chief’s Review Board. The final determination of the case is for the Chief of Police.
With that in mind, and with the report included in the Silent No More packet, it appears to be time to transfer all major complaints to the COB and to abolish the OPA and the Chief’s Review Board. If this is done, additional investigative resources will be needed equal to the number of investigators working in OPA. The result of this would be to have civilian, non-police investigators conducting investigations of allegations of violations of department policy and those investigations would then be presented to the Chief of Police for final disposition. The COB would act as the hearing board in the same manner the Chief’s Review Board currently acts but any final determination would still rest with the Chief of Police based on the recommendation of the COB. Minor complaints ought to still be handled by immediate supervisors or the investigators of the COB will be overwhelmed with minor complaints. The findings of the immediate supervisors can also be taken to the COB for a hearing on the supervisor’s recommendation at the discretion of the officer against whom the complaint was made.
These six recommendations are not comprehensive but would go a long way toward reconciling the legitimate goals of law enforcement with the citizens it must protect. Other changes which might also be considered, if legal, would be to forbid civil asset forfeiture without a criminal charge related specifically to the property being seized and abolishing bonds for non-violent misdemeanors or at the very least, require the use of a misdemeanor citations for all non-violent misdemeanors. Taken as whole, these reforms are in keeping with the wishes of the voters of Davidson County and reflect polling indicating the desire for police to do as much if not more to protect their lives and property.
[ii] https://news.gallup.com/poll/316571/black-americans-police-retain-local-presence.aspx
[iii] "Dan Baum – Harper's Magazine". harpers.org. Archived from the original on July 30, 2017. Retrieved July 30, 2017
[iv] from, Spooner, Lysander “Vices Are Not Crimes: A Vindication of Moral Liberty (1875)
[v] https://www.naacp.org/criminal-justice-fact-sheet/
[vi] https://drugwarfacts.org/chapter/race_prison#
[vii] http://leadkingcounty.org/lead-evaluation/
[viii] http://www.miamiherald.com/news/health-care/article79004057.html
[ix] Michael J. Saks, et al., “Model Prevention and Remedy of Erroneous Convictions Act,” Arizona State Law Journal, vol. 33, 2001
[x] United States Department of Justice, Office of the Inspector General, The FBI Laboratory: An Investigation into Laboratory Practices and Alleged Misconduct in Explosives-Related and Other Cases (http://www.usdoj.gov/oig/special/97-04a/index.htm, 1997)
[xi] National Research Council. 2009. Strengthening Forensic Science in the United States: A Path Forward. Washington, DC: The National Academies Press at 23-24.[xi]
[xii] https://www.usatoday.com/story/news/factcheck/2020/06/30/fact-check-police-had-no-knock-warrant-breonna-taylor-apartment/3235029001/
[xiii] Dharmapala, Dhammika and McAdams, Richard H. and Rappaport, John, Collective Bargaining Rights and Police Misconduct: Evidence from Florida (August 2019). University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 831, U of Chicago, Public Law Working Paper No. 655, Available at SSRN:
https://ssrn.com/abstract=3095217 or http://dx.doi.org/10.2139/ssrn.3095217
Monday, August 10, 2020
Metro Council member Sharon Hurt wants those not wearing a mask to be charged with attempted murder.
Sunday, August 09, 2020
Thanks to Senator Lamar Alexander, most important conservation law in half a century is now law.
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| After the president signed the legislation, to thank him, I presented him with a “mountain man” walking stick that a Smoky Mountain craftsman gave me during my walk across the state when I campaigned for governor in 1978. I reminded him that Teddy Roosevelt, the great conservation President, used to say, “Speak softly and carry a big stick.” |
Italy has its art, England has its history, Egypt has its pyramids, but the United States has The Great American Outdoors. That is what we celebrated this week at the White House, and I was proud to be one marcher in the parade.
Please, complete the Census. It is important for our representative democracy.
by Rod Williams, Aug. 9, 2020 - The 2020 Census will come to an end September 30th this year, which is two month later than the normal ending date of July 31. The time period was extended due to the Coronavirus.
Up until now, the census responses have all been self reporting. Starting in August the door-to-door portion of the census data collection will start. The period devoted to door-to-door data collection is only going to be two months this year instead of the normal three months. It is unsure what to expect. The Census Bureau is finding it harder to find census workers than in the past and may not be able to deploy all the workers they need. Census workers may find more people at home than normal due to the quarantine, however, a lot of people observing a strict quarantine may not open their door.
Unfortunately, even with more time for self reporting, self reporting has not increased much. In Davidson County, the self response rate is actually 7 points behind the 2010 self response rate. This is at a time when due to technology, self response is easier and when more people have fewer distractions and more time on their hands due to the lock down.
If you have not completed the census, please to so. For one thing, it is the law. You are required to do it. For another thing if you self report, no one will knock on your door. More importantly, it is an important civic duty and in your best interest.
I know a lot of people with anti-government views or a strong independent streak think the census is an invasion of privacy and resist participating. It is important for two reason: (1) A lot of Federal funds are distributed to states based on population. To get our share of money, we need to be counted. (2) That is the way representation in the U. S. House of Representatives is determined. If a lot of people in Tennessee don't answer the census and people in others states do, we could lose representation at the benefit of some super liberal state like California. Also, that then translates into fewer electors in the Electoral College. Don't let some liberal have more influence and you have less.
Everyone needs to be counted: illegal aliens, students, prisoners, the barely alive in nursing homes, new born babies, the insane, criminals and perverts. It is not just for voters or just for citizens. That is the way our founding fathers set up our representative democracy. Children can't vote but they are represented. Before women had the right to vote, they were nevertheless counted in the census. During the era of slavery, even slaves were counted, howbeit at 3/5th the rate of free people.
I just completed my census a couple weeks ago. It was fast and easy. There was only about 10 questions. Here are a few observations. The census does not ask citizenship. President Trump wanted that question asked but it is not.
The only choice for gender is "male" or "female." I like that. Facebook offers 71 choices and Tumbler offers 115 choices. I guess if in 2030 Democrats are controlling the government and we have continued down this road of accepting the fantasy that there or dozens of genders and one gets to chose their gender, then there will be more choices. If I am alive then, I will still be "male."
The census does not ask a question about sexual orientation. I am pleased with that. If we continue along a woke liberal path I expect that to change by 2030. The census ask no question about religious affiliation or faith identity. The census ask no question about gun ownership. Good.
There is no more long form census. There used to be the short form for most people but some people would get the "long form," and it asked all kinds of nosy questions. Thankfully that has been done away with.
There is a question that to be seems useless and likely to produce unreliable information and I am not sure why it is asked. It asks you your race. I answered 'white." Then there is a box to enter which kind of white (English, German, Irish, etc.). I entered "American" and it accepted that answer. I suspect many will enter a heritage. I could have entered "Irish," or "Welch," or "English" but my family on both sides have been American so long, we have no affinity for any original country of origin and aren't really sure which it would be since there are several strain of ancestors. I suspect a lot of people did put in a country where their ancestors came from even though they have no ethnic identity. I suspect the census gathered some useless and inconsistent information.
To complete the census on line, go to Census 2020. Please do it. It is important to our representative democracy.




