Sic Semper

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The firing of Andrew McCabe, long the number two person at the FBI and during part of 2017 its interim director, rejoiced my heart, which was even more rejoiced by the fact that his firing denies him access to the government pension, said to be worth almost $2 million, that he was on the verge of receiving. Now he can begin to deal with the legal and financial punishments that his organization has long visited upon innocent American citizens.

Of course, this person, fired for his own misdeeds, immediately issued a statement claiming that the event was an attack on “public servants” and “the FBI, law enforcement, and intelligence professionals more generally.” I, for one, do not regard the FBI as sacred, or intelligence agents as a priestly class, or “public servants” as more than government employees. And even if they were, I would consider McCabe a very poor candidate to embody their virtues. This is a man whose wife took hundreds of thousands of dollars from a friend of Hillary Clinton to help her run for office on behalf of the party of Hillary Clinton, and still had the effrontery to supervise investigations of Hillary Clinton.

McCabe's firing is big news because we are seeing a tyrant fall.

Yet the fact that McCabe’s firing was big news, the fact that I and millions even notice the fate of Andrew McCabe, is no cause for celebration. “The FBI, law enforcement, and intelligence professionals more generally” are not supposed to be that important. Their professional careers are not supposed to be crucial to our system of government. The firing of one cop, justified or unjustified, should be no more important than the firing of a professor, a nurse, an engineer, or any other normal person.

McCabe’s firing is big news because he had big power; and he had big power, not because he had a big talent, which he didn’t, but because he was a ruler in an organization that investigates, controls, and often persecutes American citizens, while doggedly withholding information about itself. Under the leadership of McCabe and others, it has become a tyrannical organization. His firing is big news because we are seeing a tyrant fall. Let’s now get rid of the laws and attitudes and social customs that permit the tyranny of the Inner State.




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Caesars Non-August

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I should have known. The first time I saw Broward County Sheriff Scott Israel on TV, he was wearing four gold stars on each side of his collar. The highest rank that anyone can hope to achieve in the US Army is the rank of four-star general. It is difficult — no, ridiculous — to equate a four-star general with an elected cop in a county in Florida. I should have known that a person who would parade around that way would have lots more blustering incompetence to show us.

And he did. Not caring — or perhaps not even caring to know — that his guys had scores of contacts with the lunatic who killed 17 students in a Broward County school, and yet did nothing about those contacts, thereby allowing said lunatic to purchase guns and pursue whatever evil purpose he might find, Sheriff Israel leapt onto the TV screen to insist that more power be given to governmental agencies such as his own, to deal with citizens who want to own guns.

It is difficult — no, ridiculous — to equate a four-star general with an elected cop in a county in Florida.

When it became known that, during the massacre, one of Israel’s armed minions had declined to attack the lunatic, allowing him not only to continue killing people but to walk away from the scene and refresh himself at two fast-food joints, the sheriff self-righteously denounced the cop — while deflecting accusations that three or more other cops had done the same. Israel highhandedly refused to release the videotapes of the event — because the release “would expose the district’s security-system plan.” There was a plan?

Sheriff Israel responded to criticism by modestly observing that he had “given amazing leadership” as sheriff and by reciting nonsensical rhymes:

Listen, if ifs and buts were candy and nuts, O.J. Simpson would still be in the record books.

Two years ago, Israel responded to accusations of political corruption by saying, “Lions don’t care about the opinions of sheep.” He’s the lion, you understand.

I should have known that a person who would parade around that way would have lots more blustering incompetence to show us.

The Florida State Attorney’s office had already started more than 40 investigations of Israel’s little troupe of Scouts. Then there is the case of Jermaine McBean. Sarah Carter summarizes it in this way:

While Israel is battling allegations that his office failed to appropriately respond to the Cruz shooting, he is also fighting a civil court case brought by the family of Jermaine McBean, an African-American information technology engineer. McBean was killed in 2013 by Israel’s deputies after they responded to a call that McBean was walking in his neighborhood with what appeared to be a weapon. It was an unloaded air rifle.

McBean was shot by one of the three cops who accosted him, a man who “feared for his life” because of the “gun” that McBean was carrying on his shoulder.

You can see the history of the case in Carter’s article. You can make your own judgment. But here’s the most sickening part, to me:

Three months after the shooting, Israel awarded two of the deputies [involved in the McBean affair] the BSO’s prestigious “Gold Cross Award.” But under mounting criticism he later told reporters the deputies should not have received the awards, adding that he didn’t award the deputies but couldn’t investigate the matter because someone accidentally destroyed the paperwork.

If you want to see how people look when they’re giving and getting awards of this kind, go here. It’s not a pretty picture. The 2015 report just cited notes that “while the investigation has dragged on for more than two years, the decision to give the officers awards was swift.”

He’s the lion, you understand.

I am not at all sympathetic to Black Lives Matter, and I happen to think that many anti-police accusations are phony, transparently phony, and villainous. Others turn out to be mistaken. But there are plenty that don’t turn out that way, and if the 17 deaths in Broward County — make it 18, counting Jermaine McBean — can possibly result in any good, it will be the continuing exposure of the preening little dictators who stand at the heads of so many well-funded agencies of the police state that is the enforcement arm of the welfare state.

Oh, you’ll be happy to know that the FBI (remember them, and their record of efficiency and impartial justice) is investigating the McBean case — at least as reported a mere two and a half years ago.




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You Won’t Like This Video

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On December 9, National Review ran a story, written by David French, about the police killing of a man in a hallway of the La Quinta Inn at Mesa, Arizona. The story begins in this way:

If you have the stomach for it, I want you to watch one of the most outrageous and infuriating videos I’ve ever seen.

The article includes the video.

I’ve spent a good deal of time trying to think of another way to put it — to say something wiser or cleverer or more analytical than the sentence I just quoted. I can’t think how to do that. Maybe this is because I can’t get over the emotional effects of what I saw when I watched the video. But if you have the stomach for it, I want you to watch it too.




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Making It Official

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My remarks this month are about official abuse of language — a phenomenon so protean that it’s hard to decide where to start grabbing it. I’ll start at random, with the news about an employee of Google who wrote an essay claiming that there was no room for conservative attitudes in that outfit, and immediately discovered that there was no room for his attitudes:

Google has fired an employee who wrote an internal memo blasting the web company’s diversity policies . . .

“We are unequivocal in our belief that diversity and inclusion are critical to our success as a company,” [said] Danielle Brown, Google’s new vice president for diversity, integrity and governance.

Emphasizing the fact that corporate officials are sensitive to race, gender, and so forth, but not to irony, the news article continues with a note about Google’s holding company,Alphabet Inc.:

The subject of Google’s ideological bent came up at the most recent shareholder meeting, in June. A shareholder asked executives whether conservatives would feel welcome at the company. Executives disagreed with the idea that anyone wouldn’t.

“The company was founded under the principles of freedom of expression, diversity, inclusiveness and science-based thinking,” Alphabet Chairman Eric Schmidt said at the time. “You’ll also find that all of the other companies in our industry agree with us.”

Well, that’s diversity for you — universal agreement. It’s science, too. Science means that everybody agrees, and that’s that.

I, for one, do not agree that it’s a good idea to use principles as a kind of camouflage tent and found a company under them. That makes me wonder whether the principles are, in fact, just something to hide beneath. But maybe I’m not thinking scientifically. We know that if science says something, it must be true. That’s that, no matter how preposterous it sounds.

"Science" means that everybody agrees, and that’s that.

Speaking of that’s-that verbiage, let’s turn, without attempt at transition, to President Trump. On August 7, he tweeted this about Senator Richard Blumenthal (D, CT), one of many politicians who have been braying about Trump’s alleged intercourse with Russians (and, oddly, his alleged acceptance of foreign “emoluments”): “Never in U.S. history has anyone lied or defrauded voters like Senator Richard Blumenthal. He told stories about his Vietnam battles and conquests, how brave he was, and it was all a lie. He cried like a baby and begged for forgiveness like a child.”

Cried like a baby isn’t exactly fresh, but it’s fun to see it used about a man so swathed in the dignity of the Senate as Mr. Blumenthal. But I can think of dozens, perhaps hundreds, of anyones who have lied or defrauded worse than Blumenthal, several of them to be found in the Senate today. Maybe Trump can think of some himself, but he also thinks that everyone will understand his untruth as hyperbole.

One may ask, however: what is the use of hyperbole when you’re discussing historical events? If somebody said, “Of all the no-good, lying, dirty dogs, Hillary Clinton is by far the worst,” everyone would understand this as hyperbole; everyone knows she’s not a dog, and everyone can immediately picture all the no-good, lying, dirty “dogs” he has ever encountered, and identify some of them as even worse than Mrs. Clinton. This would not lessen the humorous effect of the trite, though picturesque, characterization of our former almost-president. But when Trump refers to specific, literal, historical facts (about lying, defrauding), he invites people to check them, not just to appreciate his hyperbole. The response is likely to be a pallid, “Sure, Blumenthal’s bad, but he’s not that bad. He isn’t Lyndon Johnson, after all.”

I can think of dozens, perhaps hundreds, of anyones who have lied or defrauded worse than Blumenthal, several of them to be found in the Senate today.

Trump has always trafficked in hyperbole, often to good effect, but historical hyperbole is becoming a habit with him, and a bad habit. On August 3, he tweeted, “Our relationship with Russia is at an all time & very dangerous low.” Since I want to believe, literally and completely, in everything a president of this country says, I immediately went out and bought emergency supplies. If we are at a lower point with Russia than we were during the Berlin blockade, and the Cuban Missile Crisis, and the breakup of the conference at Reykjavik, I’m preparing for war.

Yes, that’s sarcasm; sorry about that — which is what you say, nowadays, when you aren’t sorry about anything. Let’s pursue this topic of official discourse a little further.

In olden times there was a novel, and then a play, called Ten Nights in a Barroom. It was “temperance” propaganda, endeavoring to shame people out of their favorite saloons. I don’t know whether it accomplished that purpose, but it did show how unpleasant saloons could be, and it turned out to be very popular entertainment. But lately we’ve all spent many more than ten nights in a barroom. Ever since that evil day, now lost to memory, when the 2016 presidential campaign began, we’ve been locked in an old saloon filled with barflies yelling abuse at one another. The barflies are politicians and their journalistic surrogates. They scream, they taunt, they bluster, they try to make life miserable for everyone else. There’s just one good thing about them: they’re acting like human beings — angry, outrageous, extravagantly daft, but overtly, and sometimes interestingly, themselves.

If we are at a lower point with Russia than we were during the Berlin blockade, and the Cuban Missile Crisis, and the breakup of the conference at Reykjavik, I’m preparing for war.

Contrast the robotic calm that all the best people believe should characterize official discourse — the placid self-righteousness that camouflaged, with equal diligence,the foreign-policy hysteria of the Bush regime, the Neronian corruption of the Clintons, the ignorant Ameriphobia of the Obama class. The absence of this camouflaging discourse is one of the major reasons the shadow state detests Donald Trump. It detests him because it measures value by the degree to which erring human nature is repressed and the drama of life is replaced by professional training, best practices, settled science, authorized procedures, mission statements, job descriptions, educational credentials, and community principles.

But to replace messy human discourse with a comfort zone of politically correct official discourse is not to banish savagery. Oh no. It is only to weaponize it with inhuman words. There are few things more dangerous than official persons armed with official discourse.

You may recall that in last month’s Word Watch, I alluded to the hysterical behavior of Minneapolis police, and their panic shootings of innocent beings, human and canine. Soon after I wrote that column, wry signs were posted in the region: “Warning: Twin Cities Police Easily Startled,” with a silhouette of a cop with a gun in each hand, banging away.The AP distinguished these signs from “legitimate” ones, thus advertising its own political assumptions, but the signs showed an apt use of language. Less apt, indeed chillingly stupid, have been revelations about the ways in which Law Enforcement in Minneapolis talks.

To replace messy human discourse with a comfort zone of politically correct official discourse is not to banish savagery.

The policeman who wantonly shot two friendly dogs in the backyard of a woman whose burglar alarm had accidentally gone off claimed that the pooches made him fear for his safety. Apparently he needed a trigger warning. But the first words out of his mouth after he shot the household pets were a robotic, “Yeah, I dispatched both of ’em.”

Is that the way you talk when you’re rattled? But you’re not a trained professional, for whom the automatic term for shooting to kill is dispatched.

Worse is the way in which the state’s investigative agency described what happened when a policeman who was allegedly frightened by a noise fired his gun over the driver of the car in which he was riding and killed the woman who had called these cops to her neighborhood to investigate a possible rape. She seems to have made the absurd mistake of approaching the car. . . . but let the investigating agency, the Bureau of Criminal Apprehension, narrate the action as it understood it on July 25:

On July 15, 2017 at approximately 11:30 p.m., Minneapolis PD received a 911 call from a (woman) requesting police respond to 5024 Washburn Ave S, Minneapolis for a female screaming at this location. Approximately 10 minutes later, a female called 911 again to check the status of police arrival at this address. Moments later, Minneapolis PD arrived on scene. Upon police arrival, a female “slaps” the back of the patrol squad.

After that, it is unknown to BCA agents what exactly happened, but the female became deceased in the alley, approximately 10 to 20 ft. north of 51st St. with trauma to her torso that could be a gunshot wound. Minneapolis PD has not elaborated on the circumstances, but requested the BCA to investigate an officer-involved shooting regarding this incident.

Note that the woman had to call twice. Be it also noted that, according to court records, the scene wasn’t searched until seven hours after the killing — I mean the decease — took place. But let’s think about the mentality that created this report.

No, I’m not a psychologist, and I don’t need to be. I’m not looking for individual motivation, biases, or intellectual deficiencies. I’m looking at the organizational mentality that is clearly responsible for this atrocious use of language. It’s practically illiterate, for one thing. “An officer-involved shooting regarding this incident” — what? The shooting was the incident. But much of this is the kind of illiteracy that has to be learned. People don’t normally call women females. They don’t normally say that a woman who obviously was shot dead had trauma to her torso that could be a gunshot wound. Even a sociopath wouldn’t spontaneously employ the language of radical skepticism in a case like this. And it’s interesting that the investigating agency has received a revelation that the cop car was the victim of a “female” slap. They aren’t sure what killed her, but they do know that she — or some other suspicious member of her gender — made the mistake of slapping a car.

For brutal coldness, this one can hardly be surpassed.

But who in the hell has ever said that a person became deceased? We’ve heard a lot of substitutions for died or dead: passed away (eventually followed by that weird nonentity, passed), perished, departed this life, and yes, deceased. Innumerable jocular substitutions (kicked the bucket) have been added, humor being one of mankind’s best means of transcending the fear of death. Each of these terms, euphemistic, religious, or jocular, is appropriate to some human attitude or context, but none of them pictures men and women as mere objects undergoing chemical change.

But now we have became deceased, and it’s not meant to be funny. For brutal coldness, this one can hardly be surpassed. A cake became stale in the fridge. A drain became clogged under the sink. A female became deceased in the alley.

Notice the seemingly inevitable progression of bureaucratic thought. You start with a euphemism (deceased for died), then prevent even that from being an occasion for sentiment.

For some reason, I’m thinking of a scene in Citizen Kane:

THOMPSON
I see. And that's what you know about Rosebud?

RAYMOND
Yeah. I heard him say it that other time, too. He just said, uh,
"Rosebud," then he dropped the glass ball and it broke on the
floor. He didn't say anything after that, and I knew he was dead.
He said all kinds of things that didn't mean anything.

THOMPSON
Sentimental fellow, aren't you?

RAYMOND
Mmm . . . Yes and no.




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The Right to Be Let Alone

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It is the best of times for government snooping and surveillance.

It is the worst of times for privacy and the Fourth Amendment.

The surveillance state should be dismantled, and the right to be let alone should be restored as the glory of the Republic.

This paper explains why and how.

Why Privacy Matters

The right to be let alone from government snooping or surveillance is the most cherished right among civilized peoples.

Privacy encourages creativity and spontaneity. It facilitates growth, learning, and maturation through a process of trial and error without risk of embarrassment.

Supreme Court Justice Louis D. Brandeis elaborated in Olmstead v. United States, 277 U.S. 438 (1928) (dissenting opinion):

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

Privacy is a cornerstone of a Republic where the people censure government; government does not censure the people. Consider the following.

No person on paper is clean.

Citizens will refrain from exposing and criticizing government fraud, waste, abuse, or lawlessness if they fear the government will retaliate by disclosing or sharing negative or embarrassing information from dossiers assembled through indiscriminate surveillance. They will become docile — a great menace to freedom according to Justice Brandeis in Whitney v. California, 274 U.S. 357 (1927) (concurring opinion). Edward R. Murrow, the scourge of Senator Joseph McCarthy (R-WI) similarly observed: “A nation of sheep will beget a government of wolves.”

Privacy was the spark of the American Revolution.

The urgency of citizen scrutiny of government has heightened as the size of government has grown from a small acorn in 1790 with a budget of less than $10 million and a few employees to a giant oak in 2017 with a budget exceeding $4 trillion and millions of employees. Further, Congress has virtually ceased to exercise oversight because of institutional sloth and incompetence coupled with a craving to escape responsibility. The Pentagon alone cannot account for a staggering $3 trillion in expenditures. Congress has become an invertebrate branch, which has created a corresponding need for fearless citizen criticism of government.

Privacy was the spark of the American Revolution. In 1761, James Otis denounced British Writs of Assistance. They empowered every petty official to rummage through homes and businesses in search of contraband or smuggled goods. He amplified: “It is a power that places the liberty of every man in the hands of every petty officer.” John Adams chronicled: “Then and there the child of independence was born . . .”

In 1763, William Pitt the Elder spoke against an excise tax on cider to the British Parliament in words that thundered throughout the American colonies: “The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storms may enter, the rain may enter, — but the King of England cannot enter; all his forces dare not cross the threshold of the ruined tenement.”

The Constitution’s framers knew from thousands of years of recorded history that the greatest dangers to liberty emanate from government.

The Fourth Amendment was ratified to enshrine the right to be let alone as a constitutional imperative. Its protections do not depend on the outcome of any election or the spasms of public opinion frightened by terrorist attacks. As World War II raged, Supreme Court Justice Robert Jackson sermonized in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943):

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

The Fourth Amendment intentionally creates barriers to law enforcement and a risk-free existence by delimiting the power of government to conduct searches and seizures that disturb privacy. It provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Accordingly, the government must ordinarily obtain a warrant from a neutral magistrate based on probable cause and particularized suspicion of crime before individual privacy may be upset. In circumstances in which a warrant is not constitutionally mandated, searches and seizures must nevertheless satisfy a “reasonableness” standard.

The Constitution was intended to endure for the ages. Its authors knew that unforeseen changes in technology or otherwise would require atextual interpretations to honor the Constitution’s purposes. They understood, like St. Paul in 2 Corinthians 3:6, that “the letter killeth, but the spirit giveth life.” Thus, Chief Justice John Marshall observed in McCulloch v. Maryland, 17 U.S. 316 (1819) that the Constitution “was intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”

The Fourth Amendment was ratified to prevent governmental evil — even at the expense of handicapping law enforcement.

The Supreme Court has instructed that the Fourth Amendment should be interpreted to safeguard privacy expectations despite vast changes in government surveillance technologies and capabilities that are no less robust than the privacy expectations of the citizenry in 1791 when the Amendment was ratified.

In Kyllo v. United States, 533 U.S. 27 (2001), the Court held that the warrantless use of a thermal-imaging device aimed at a private home violated the Fourth Amendment. Writing for the majority, Justice Antonin Scalia amplified:

While it may be difficult to refine the Katz [reasonable expectation of privacy test] when the search of areas such as telephone booths, automobiles, or even the curtilage and uncovered portions of residences are at issue, in the case of the search of the interior of homes — the prototypical and hence most commonly litigated area of protected privacy — there is a ready criterion, with roots deep in the common law, of the minimal expectation of privacy that exists, and that is acknowledged to be reasonable. To withdraw protection of this minimum expectation would be to permit police technology to erode the privacy guaranteed by the Fourth Amendment. We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical “intrusion into a constitutionally protected area,” constitutes a search — at least where (as here) the technology in question is not in general public use. This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.

Emails or text messages in the Age of the Internet are the functional equivalent of letters in 1791, and should thus command the same protection under the Fourth Amendment. And as to the latter, Justice Stephen J. Field declared in Ex Parte Jackson, 96 U.S. 727 (1877):

The right to designate what shall be carried necessarily involves the right to determine what shall be excluded. The difficulty attending the subject arises, not from the want of power in Congress to prescribe regulations as to what shall constitute mail matter, but from the necessity of enforcing them consistently with rights reserved to the people, of far greater importance than the transportation of the mail. In their enforcement, a distinction is to be made between different kinds of mail matter,— between what is intended to be kept free from inspection, such as letters, and sealed packages subject to letter postage; and what is open to inspection, such as newspapers, magazines, pamphlet , and other printed matter, purposely left in a condition to be examined. Letters and sealed packages of this kind in the mail are as fully guarded from examination and inspection, except as to their outward form and weight, as if they were retained by the parties forwarding them in their own domiciles. The constitutional guaranty of the right of the people to be secure in their papers against unreasonable searches and seizures extends to their papers, thus closed against inspection, wherever they may be. Whilst in the mail, they can only be opened and examined under like warrant, issued upon similar oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one's own household.

Premium protection of privacy according to constitutional mandates does not mean weak government. Justice Jackson explained in West Virginia State Board of Education, supra:

Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and, by making us feel safe to live under it, makes for its better support. Without promise of a limiting Bill of Rights, it is doubtful if our Constitution could have mustered enough strength to enable its ratification. To enforce those rights today is not to choose weak government over strong government.

The Constitution’s framers knew from thousands of years of recorded history that the greatest dangers to liberty emanate from government, not private miscreants, criminal organizations, or non-state actors like al Qaeda. The industrial scale slaughters of the Canaanites and Amalekites chronicled in the Old Testament are emblematic. In more recent times, the Third Reich, the Soviet Union, and Communist China have been complicit in genocide or crimes against humanity that have killed up to 200 million. Unlike private parties or non-state actors, government enjoys a monopoly of legalized violence and the power to tax and to conscript, which facilitates repression on a vast scale. The Fourth Amendment was ratified to prevent this government evil — even at the expense of handicapping law enforcement.

The Constitution — including the Fourth Amendment — is premised on the belief that accepting the risk of being the victim of injustice is morally superior to risking complicity in it. Thus, the due process clause requires proof beyond a reasonable doubt and jury unanimity for a criminal conviction. That standard means some guilty persons will escape punishment and be released with a risk of recidivism. But it also means a diminished risk of convicting the innocent and implicating the entire society in injustice. Justice John Marshall Harlan explained in In re Winship, 397 U.S. 358 (1970) (concurring opinion): “I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free.”

Even with the reasonable doubt standard, an alarming number of innocent defendants are convicted. According to the Innocence Project, there have been 333 post-conviction DNA exonerations alone since 1989. Of that number, 20 had served time on death row. On average, each innocent defendant had served 14 years in prison.

It is probable that the vast majority of criminal investigations that materially encroach on privacy target innocent persons.

The Fourth Amendment’s reasonableness standard circumscribes government searches and seizures despite the impairment to effective law enforcement. The reasonableness standard is first cousin to the reasonable doubt standard in criminal prosecutions. It is founded on the philosophical principle that it is better to protect the right to be let alone when there is no government showing of a compelling need than to apprehend and punish all criminals. The Fourth Amendment knowingly accepts the risk that some criminals will escape detection that unfree peoples do not because it prefers liberty to a futile quest for a risk-free existence.

Investigations of crime through searches or seizures encroach on liberty irrespective of whether a criminal charge is forthcoming.

The target must retain an attorney at substantial expense to protect against false suspicions or accusations. The investigation, simpliciter, makes the target socially or professionally radioactive — leading to ostracism, the loss of income, family strife, or worse. In the Age of the Internet, the target’s reputation may be irreparably blemished. False and defamatory statements emerging from an investigation are impossible to scrub from the electronic grid. There are countless Richard Jewells of the world of less notoriety.

The percentage of investigations that lead nowhere and thus gratuitously invade privacy is unknown. But clues are available from the Federal Bureau of Investigation’s assessment data. From 2009–2011, the Bureau opened 42,888 assessments of persons or organizations seeking signs of terrorism or espionage. A database search In May 2011 showed that 41,056 of the assessments had been closed without result, and that 1,986 had progressed to preliminary or full investigations — a false positive rate of over 95%. During that period, 39,437 assessments were initiated seeking signs of ordinary criminal activity, and 36,044 had been closed without result, while 1,329 had progressed to preliminary or full investigations — a false positive rate approaching 97%.

The Supreme Court’s crabbed interpretations of the Fourth Amendment have made privacy subservient to highly speculative claims of law enforcement and national security.

It is thus probable that the vast majority of criminal investigations that materially encroach on privacy target innocent persons. No law awards them compensation for the government’s invasion of their privacy and probable permanent loss of a livelihood.

In light of these considerations, the Fourth Amendment or complementary federal or state statutes should prohibit any government search or seizure that materially encroaches on the right to be let alone unless the encroachment furthers a compelling government interest and does so with techniques least disturbing to privacy. Search warrants that satisfy the Fourth Amendment should ordinarily not be utilized unless there is probable cause to believe that very serious criminal activity is afoot, not trivial crimes like marijuana possession or use.

The Withering Away of Privacy

The right to privacy has withered since 1791.

Federal criminal prohibitions have proliferated from a handful in 1790 to thousands today. Each prohibition provides a new government justification for invading privacy in the name of law enforcement. A study by the Federalist Society found that by 2007 the United States Code contained more than 4,450 criminal offenses.

Further, a growing number of federal crimes impose strict liability with no mens rea. They justify investigations with no suspicion that the target acted with a guilty mind.

Additionally, the government began the dragnet collection of foreign intelligence as the United States changed from a republic to a global empire. Foreign intelligence is virtually limitless in scope and generally shielded from legal accountability through the Executive Branch’s invocation of state secrets.

Technology has advanced by leaps and bounds that enable ever-greater government encroachments on privacy, for instance, the interception, retention, and search of every phone or email communication at relatively modest cost.

Finally, the Supreme Court’s crabbed interpretations of the Fourth Amendment — including the third party doctrine — have made privacy subservient to highly speculative claims of law enforcement or national security.

The Proliferation of Federal Criminal Prohibitions. Under the Constitution, there are no federal common law crimes, as the Supreme Court declared in United States v. Hudson, 11 U.S. 32 (1812). Federal crimes are creatures of statutes. The first was the Crimes Act of 1790. It created but a handful of offenses, for instance, misprision of treason, piracy, or counterfeiting.

No Department of Justice or Federal Bureau of Investigation was then created for law enforcement, which was largely ad hoc in response to private complaints.

At present, the number of federal criminal prohibitions are too numerous and scattered to count accurately.

In 1791, privacy was tightly safeguarded against federal intrusions. Yet public safety was not compromised. The federal government scrupulously respected privacy for nearly a century after its beginning. The Supreme Court initially confronted Fourth Amendment claims in Ex Parte Jackson, supra, and Boyd v. United States, 116 U.S. 616 (1886). During the previous decades, crime was not a political issue in a single federal election campaign for the House, Senate, or presidency.

The presidency of Theodore Roosevelt inaugurated the federal regulatory state with the Pure Food and Drug Act of 1906 and Hepburn Act of 1906. Then came the Harrison Narcotics Act of 1914, the Prohibition Era, and the New Deal. By 1940, then Attorney General Robert Jackson was warning:

What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain.

If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm — in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes being unpopular with the predominant governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself. (“The Federal Prosecutor,” address delivered by Robert H. Jackson, April 1, 1940)

During the 75 years that have elapsed since the Attorney General’s address, the problem of investigative or prosecutorial abuses which cripple privacy has intensified. At present, the number of federal criminal prohibitions are too numerous and scattered to count accurately. Renowned attorney Harvey Silverglate authored Three Felonies A Day in 2009. It chronicles the octopus-like expansion of the federal criminal law and corresponding law enforcement abuses portended by Jackson.

At present, the Department of Justice budget approximates $30 billion annually, a sum which supports more than 100,000 law enforcement personnel.

Federal Strict Liability Offenses. The federal regulatory state features a growing number of strict liability or public welfare offenses in which an innocent mind is no defense. Violations of the federal wire fraud statute or the Marine Mammal Protection Act are illustrative. Wade Martin was convicted under the latter act for selling sea otters to a person whom he mistakenly believed was a native Alaskan.

These types of crimes were unknown when the Fourth Amendment was ratified. Justice Robert Jackson explained the strong common law presumption of an evil intent combined with an evil act to satisfy the threshold for criminality in Morissette v. United States, 342 U.S. 246 (1952):

The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil . . . Unqualified acceptance of this doctrine by English common law in the Eighteenth Century was indicated by Blackstone's sweeping statement that to constitute any crime there must first be a “vicious will."

The growth of strict liability offenses in the regulatory state further lowers the barriers to the initiation of government investigations that encroach upon privacy.

Foreign Intelligence. With the post-World War II transformation of the United States into a global power and the Cold War, the President commenced the collection of foreign intelligence without warrants or congressional oversight based upon an unbounded interpretation of Article II. At present, pursuant to Executive Order 12333, the government gathers foreign intelligence on the President’s say-so alone both domestically and abroad. The definition of foreign intelligence is sweeping, i.e., “information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities.”

Foreign intelligence is also collected by the President within the United States under the Foreign Intelligence Surveillance Act, as amended.

The volume of foreign intelligence collected by the government against United States persons is probably beyond ordinary human comprehension.

Internet communications are intercepted, retained, and searched without probable cause to believe crime or international terrorism is afoot. The magnitude of citizen privacy invaded under the Executive Order is unknown because its implementation is cloaked in secrecy, and the government cannot be trusted to volunteer the truth. The Director of National Intelligence, James Clapper, for instance, lied to the Senate Intelligence Committee under oath in denying that the National Security Agency was collecting data against millions of Americans.

Making reasonable inferences from the disclosures of Edward Snowden, the volume of foreign intelligence collected by the government against United States persons is probably beyond ordinary human comprehension.

Technology. The development of technology since the ratification of the Bill of Rights has armed the government with unprecedented tools or instruments for invading privacy. They include wiretapping, surveillance drones, electronic surveillance, DNA collection, facial recognition equipment, thermal-imaging instruments, and instantaneous, inexpensive retrieval of information from vast databases. Supreme Court Justice Sonia Sotomayor amplified in United States v. Jones, 565 U.S. __ (2012) (concurring opinion):

GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, 441–442, 909 N. E. 2d 1195, 1199 (2009) (“Disclosed in [GPS] data . . . will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on”). The Government can store such records and efficiently mine them for information years into the future. Pineda-Moreno, 617 F. 3d, at 1124 (opinion of Kozinski, C.J.). And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: “limited police resources and community hostility,” Illinois v. Lidster, 540 U.S. 419, 426 (2004).

Supreme Court Decisions. The law is generally backward-looking and tardy in responding to new technology. Nearly forty years elapsed before the Supreme Court in Katz v. United States, 389 U.S. 347 (1967) corrected its erroneous holding in Olmstead v. United States, supra, that conversations were outside the protection of the Fourth Amendment.

Katz established a reasonable expectation of privacy standard to inform Fourth Amendment interpretations. But the Court soon rendered the standard toothless in a pair of decisions divorced from reality.

In United States v. Miller, 425 U.S. 435 (1976), the Court held that the Fourth Amendment is inapplicable to a customer’s bank records that are subpoenaed by the government for the purposes of criminal prosecution. Writing for the Court, Justice Lewis Powell explained:

The depositor takes the risk, in revealing his affairs to another, that the information will be conveyed by that person to the Government. United States v. White, 401 U.S. 745, 751–752 (1971). This Court has held repeatedly that the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed.

In Smith v. Maryland, 442 U.S. 735 (1979), the Court similarly held that a phone subscriber had no reasonable expectation of privacy in his dialed phone numbers because they were knowingly shared with the phone company. Thus, the Fourth Amendment did not apply to the government’s suspicion-less use of pen registers in the investigation of crime. Justice Harry Blackmun amplified:

When he used his phone, [the subscriber] voluntarily conveyed numerical information to the telephone company and ‘exposed’ that information to its equipment in the ordinary course of business. In so doing, petitioner assumed the risk that the company would reveal to police the numbers he dialed.

Both Miller and Smith are wildly misconceived. Everyone possesses a reasonable expectation that sensitive or confidential information shared with intimates or businesses for benign, professional, or narrow purposes will not be provided to the government. It has the motive and ability to imprison or otherwise harm you. Internet users share email content with internet service providers without any expectation that the National Security Agency will be privy to the communication. The same can be said, for text messages known to phone companies in the ordinary course of business. But under Miller and Smith, the Fourth Amendment leaves unprotected the contents of every email or text message communication in the United States. The NSA is defending the constitutionality of its bulk collection, retention, and search of telephony metadata regarding every phone call in the United States by relying on Miller and Smith.

Restoring the Right to Be Let Alone

Congress should not tarry in the enactment of legislation that rolls back the staggering encroachments on the right to be let alone that have transpired since the ratification of the Fourth Amendment in 1791.

Atop the agenda should be a Privacy Protection Restoration Act (PPRA), to provide as follows:

A person may assert as a defense in any proceeding alleging noncompliance with a search warrant, subpoena, national security letter, or other government order that compliance would materially encroach on the privacy of that person or a third party unless the government proves by a preponderance of the evidence that compliance is necessary to advance a compelling government interest in law enforcement, and, that the technique for collecting the information minimally encroaches on privacy.

In determining whether compliance with a search warrant, subpoena, national security letter, or other government order would advance a compelling government interest, the court shall consider, among other things, the seriousness of the crime under investigation and documented proof that the investigatory technique to be used in obtaining the information has been substantially effective historically in preventing, deterring, or punishing crime or international terrorism.

The principles behind the PPRA should inform deliberations on pending legislation to update the obsolete Electronic Communications Privacy Act of 1986 (ECPA).

The Email Privacy Act would require the government to obtain a warrant based on probable cause to access the content of any email from an internet service provider irrespective of the email’s age. At present, ECPA restricts protection of email content to communications that have been stored for 180 days or less. That limit was held unconstitutional in United States v. Warshak, 631 F. 3d 266 (6th Cir. 2010). Under any sensible interpretation of the Fourth Amendment, all email content of whatever age should be protected absent a warrant based on probable cause.

Globalization was in its infancy when ECPA was enacted. Most Internet communications and storage took place within the United States. The probability of interjurisdictional conflicts over stored emails outside the United States was more hypothetical than real. Congress predictably remained enigmatic on ECPA’s application to electronic records stored in foreign lands.

Under any sensible interpretation of the Fourth Amendment, all email content of whatever age should be protected absent a warrant based on probable cause.

Three decades later, that opaqueness is unsatisfactory. Law enforcement officials in one country commonly seek access to records in another country. Whose privacy laws apply? The issue has jumped to the forefront because of United States v. Microsoft. In that case, the Department of Justice sought to compel Microsoft to produce emails located on servers in Dublin, Ireland. But the United States Court of Appeals denied that the Storage Communications Act granted that authority. The case might reach the United States Supreme Court.

During the last Congress, a bill known as LEADS would have addressed the issue in the following way.

The government would be authorized to use a warrant to compel production of electronic communications stored abroad if it concerned a United States citizen. There is nothing irregular about extraterritorial application of United States laws to the activities of its citizens. Congress, for instance, has criminalized foreign travel to engage in illicit sex (18 U.S.C. 2423).

The LEADS authorization, nevertheless, would have been worrisome. Reciprocity is the norm on the international stage. If the United States can gain access to information about United States persons stored in China or Russia, we would be required as a matter of comity to permit those countries to obtain access to electronic information about their citizens stored in the United States. Since both China and Russia are lawless nations, their governments can be expected to employ this power to persecute dissidents or otherwise violate human rights. In other words, LEADS’ authorization to use search warrants to retrieve information about United States citizens stored abroad may be a cure worse than the disease.

How important are such search warrants to law enforcement?

At present, we are clueless. Such warrants may be vital or marginal to the investigation of serious crimes. A legislative precedent should not be created that would assist persecution of Chinese or Russian dissidents unless it satisfies a very high threshold of urgency.

We cannot take the government’s law enforcement claims at face value. The government insisted that three counterterrorism laws that have slumbered from birth were imperative: the Alien Terrorist Removal Procedures, Section 412 of the Patriot Act, and the lone-wolf amendment to the Foreign Intelligence Surveillance Act. They have never been used.

Authoritarian governments can be expected to employ reciprocal power to persecute dissidents or otherwise violate human rights.

Congress should thus prohibit the use of search warrants extraterritorially unless the Executive provides hard, nonspeculative evidence that the authority is necessary in a significant number of cases to prosecute significant crimes. The privacy of United States citizens should not be compromised absent demonstration of a compelling government need.

LEADS would have authorized an internet service provider to resist a search warrant’s use extraterritorially by proving that compliance would violate the laws of a foreign country to the issuing tribunal. But United States courts are amateurs in the interpretation of foreign laws. They would be prone to error absent expert testimony. And years could be consumed in litigating appeals of trial court decisions, which frequently would prove fatal to the investigation. The LEADS game for extraterritorial use of search warrants is probably not worth the candle.

Unless much more convincing evidence of law enforcement need is forthcoming, legislation should prohibit the use of search warrants extraterritorially to obtain electronic communications about United States citizens. That would avoid setting a precedent that would assist China, Russia, or other lawless nations in persecuting their dissidents without material offsetting benefits to United States law enforcement.

The United States would not go dark abroad without the use of search warrants extraterritorially. We have more than 50 Mutual Legal Assistance Treaties with other countries that facilitate the voluntary sharing of evidence and information in criminal cases or other government investigations. The MLAT process can be employed whether or not the information sought concerns a citizen or foreigner. It satisfies customary standards of international comity and avoids interjurisdictional conflicts. But new legislation can make the MLAT process more efficient and transparent.

Conclusion

Privacy is the cornerstone of a flourishing democratic dispensation that celebrates a liberty-centered universe. It has withered over the years succumbing to inflated claims of law enforcement or national security.

Congress should restore privacy as the crown jewel of the nation by enacting a Privacy Protection Restoration Act to impose a heavy burden on the government to justify every material encroachment on privacy. If Congress does nothing, privacy is destined to crucifixion on a national security cross.




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Responsive Government

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Libertarians are of two minds about government.

To some, the state is a system of entrenched powers and interests unwilling to yield a particle of authority. Evidence: even the president can’t make any significant change in the power structure.

To others, the state is a vast assemblage of freeloaders and influence peddlers, perfectly willing to assimilate anyone or anything — even you or me — because it is confident in its ability to survive and grow, no matter what. Evidence: the 535 members of Congress, living proof that anyone can become part of the state.

The mayor tearfully apologized, claiming that he knew nothing of the important honor granted by his office.

The first theory pictures government as an endless web of armed DMVs, the second as an endless series of doors that can be accessed, eventually, by anybody. If even a Maxine Waters or a Mitch McConnell knocks on enough of those doors, eventually one of them will open. There are policemen in the state of California who get paid $550,000 a year. They found a door that opened.

The city of Cincinnati has provided fresh evidence for the second theory. It appears that if you ask the people in the mayor’s office, they will give you a day, a special day, just for you, or for anyone you know, no matter who you or either of you may be.

In 2015, a police officer named Sonny Kim was ambushed and killed on the streets of Cincinnati by a man named Trepierre Hummons, who was then killed. This year, Hummons’ father contacted the city asking that a day be set aside to honor his son. His intention, it is reported, was “to raise awareness of child abuse and mental illness” — two things that something called the Trepierre Foundation — a GoFundMe venue — exists to fight. In any event, the father’s intention was soon honored, and the city declared June 1 “Tre Day” in honor of the cop killer, whose “sacrifice,” the proclamation said, would “save the lives of children for generations to come.”

If you ask the people in the Cincinnati mayor’s office, they will give you a day, a special day, just for you, or for anyone you know.

This action finally leaked into the knowledge of someone outside the mayor’s office, and protests were lodged. “Tre Day” was ousted from the calendar, and the mayor tearfully apologized, claiming that he knew nothing of the important honor granted by his office, which allegedly did not recognize the distinctive name of the person it was honoring. So much for Tre Day. But the awful extent of government is indicated by the fact that it does millions of things like this without its actions even being noticed.

And let me tell you, Tiw, Woden, Thor, Freya, and Saturn are really pissed off.




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Welcome to My Neighborhood

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The first time we saw Connie she was packing a snub-nosed .38. It was strapped snugly to her narrow hips, which were wrapped in skin-tight jeans — knee-high black leather boots and matching jacket rounding out her outfit.

She didn’t look around as she mounted her Harley — or put on a helmet. Her dirty blonde mane was blowing in the breeze. Connie was hot, albeit a bit rough around the edges — what some people might call “rough trade.”

We’d just moved in across the street from her house, a plain, white block bungalow without frippery or landscaping, other than a lawn, doubtless maintained because of the nearly free irrigation water available — and her job.

Connie was hot, albeit a bit rough around the edges — what some people might call “rough trade.”

Parts of the Phoenix metro area are serviced by the Salt River Project (SRP) irrigation district, organized in the 1800s to exploit the flows of that perennial river for the benefit of the surrounding desert farms. Today, much of the farmland has been turned to housing, and the irrigation water, delivered by canals, to lawns bordered by berms to retain the water.

The schedules for lawn flooding are on a rotating continuous timescale, with no lawn receiving its share at the same time each irrigation period. Floodgates may be opened or shut at any time of the day or night, according to SRP’s schedule. Most homeowners, people who work regular jobs and value their sleep, prefer to hire out this task. Enter Connie, who, for a small fee, was available to take care of your irrigation responsibilities.

Within days after our move into the neighborhood, Connie came over to introduce herself, scope us out, and proffer her services. It didn’t take long for her to feel comfortable and express her relief that we weren’t black or Mexican. Before she got too carried away, ranting and raving against those two groups, I told her I was Cuban-American and my wife was Mexican-American.

She said she’d been married to a founder of the Aryan Nation, a white prison gang. I’ll let that sink in for a minute.

She said that was of no consequence. She was prejudiced against these people as a group, not against particular individuals, and she added that one of her best friends was black.

Yeah, right, I thought. To allay our doubts, she explained.

She said she’d been married to a founder of the Aryan Nation, a white prison gang. I’ll let that sink in for a minute. We had needed at least as long to absorb it. (What sort of neighborhood had we moved into?) She continued, explaining that the gang had been formed for protection and that racial and ethnic affinities were the simplest methods for organization. The gangs — black, white, and Chicano — set behavioral rules and enforced them. Compliance led to respect, and respect to incipient friendships — the tortuous path that had led her to a friendship with a black.

Whether Connie was a racist might be debatable, but her opinion of men was definitely single-minded. Glancing at Tina, my wife, and then locking eyeballs with me she declared in no uncertain terms that all men were after the same thing. Sex — no exceptions.

We signed up for her irrigation services.

Connie never answered her door. She figured only bad news would come calling. All visits had to be prearranged. Her house was ringed by security cameras, footage from which was usually available to neighbors to figure out neighborhood mysteries. On at least one occasion, she helped resolve a vandalism incident. Her boyfriend, a muscle-bound, tattooed skinhead in a permanent tank-top, was surprisingly modest and self-effacing. He would often wait hours in front of her door for a response.

Connie, however, was a meth head and occasionally went on binges. Once past the high, she’d get nasty and combative but then, when coming down, would sink into maudlin depression. Her solace was Frannie, our octogenarian neighbor. Frannie was a talented oil-on-canvas painter, fluent in Mandarin and Swahili, and a horny old woman. She and Tina would often share a glass of wine in the afternoon under the carport and talk men. I think it was Frannie’s affinity for Tina that facilitated Connie’s trust in us.

Connie never answered her door. She figured only bad news would come calling. All visits had to be prearranged.

Connie once invited Tina to a shooting range. She’d always wanted to try some shooting, so she enthusiastically accepted. Connie provided Tina with what Tina called a “complicated” handgun, while Connie took a semi-automatic rifle (Tina, knowing little about guns, called it a machine gun).

The female bonding experience was going well until Tina became friendly with the cops who were sharpening their skills in the adjacent gallery. Connie turned combative and abruptly cancelled the date.

Her immediate neighbors were of two minds about her. The family due west was reminiscent of the Gallaghers, the family depicted in the TV series Shameless — dissolute, disorganized, undisciplined, and possessed of a passel of kids. Connie pirated her TV cable off their cable and, I believe (I didn’t pry), shared the monthly fee. The family due east was a couple of editors for the Arizona Republic, the state’s leading newspaper. They and Connie were feuding — something having to do with a tree growing over the cyclone fence separating their back yards.

When Connie found out I was a mason, she asked that I build a block wall between her property and these neighbors’. Except for those lots, most properties in the old subdivision were separated by four-inch-thick block walls supported every ten feet by eight-inch-thick block pillars. I agreed, but I needed to look at her back yard to estimate the extent of the job. She took us over for a look.

Her home was neat and clean. She’d remodeled the tract house to carve out a tiny control room where she monitored the surveillance cameras, and a gun closet where her arsenal was stored. But her bedroom took the cake. A four-poster, crinolined, oversized bed dominated the room, together with a four-by-eight mirror on the ceiling. We didn’t ask.

Frannie was a talented oil-on-canvas painter, fluent in Mandarin and Swahili, and a horny old woman.

Connie didn’t depend for her income on just being the irrigator. When a neighbor discovered her call-girl website, the place went ballistic. (Meanwhile, of course, all the men surreptitiously peeked at her website.) Two doors down from Connie and one door down from the Gallagher-like family lived a cop. He knew all about Connie. He refused to get involved. His philosophy was, if Connie didn’t disrupt the neighborhood, he left well enough alone.

One midday our house was broken into. Purely by happenstance, Tina showed up while the burglar was inside. Tina didn’t hesitate; although small in stature, she was fearless, a rock climber, and built like a female Schwarzenegger. She opened the door and bee-lined toward the hubbub. Catching the thief as she was attempting to climb out the window, Tina wrestled her to the ground and was about to begin pounding when the woman yelled that she was pregnant.

Having been brought up by drug-addled parents in dodgy environments and shuttled between foster homes, Tina had street smarts and could spot a line of BS instantly. “That jewelry that you stole was given to me by my husband just before he was killed in a shoot-out,” she responded, giving the thief pause.

Tina dragged her to the phone and called 911. The operator told her not to attempt to apprehend the thief. While Tina was on the phone, the thief slipped her grip, ran across the street, and jumped up on the four-inch block wall separating Connie’s house from her cable-sharing neighbors. Then, incredibly, she ran atop its length to the next street, where her car was parked. For all her athletic abilities, Tina couldn’t catch up, though she did provide a description of the car.

Catching the thief as she was attempting to climb out the window, Tina wrestled her to the ground.

The thief didn’t get away. Two female officers had already been dispatched and caught her attempting to flee. Tina ID’d the woman and, expecting a lecture about taking the law into her own hands, apologized to the officers for not following the dispatcher’s orders concerning the thief’s apprehension. Instead, the cops congratulated her and expressed a wish that more citizens would get more involved. They added that the woman had done time and was under suspicion and surveillance for similar burglaries in the area — one reason they’d been able to respond so quickly.

When we related these events to Connie, she said the woman was lucky she hadn’t broken into her house.

I never built a wall for Connie; she was too unpredictable. Instead of improving, Connie’s situation deteriorated. She took more drugs, got more combative, and alienated more neighbors. We sold our house at the top of the market bubble (the one that Treasury Secretary Tim Geithner didn’t spot), made a tidy profit, and moved away. Frannie told us that Connie ended up in prison for, I think, owning a firearm — a no-no for a convicted felon.

I love a diverse neighborhood: academic editors, polyglot artists, cops, Aryan Brotherhood meth heads, Cuban & Mexican-Americans, housing bubble speculators, handy call girls, classic car collectors, and other unique personalities we never got a chance to meet.

Our new neighborhood in a small town, anarchic in a completely different way, is calmer. While the characters aren't quite so extremely colorful, the property mix — along winding and hilly streets that change names seemingly without logic, and irregular land parcels — contains multimillion-dollar homes on acreage next to mobile homes and modest DIY homes on small lots, and even a nearly perennial creek called Miller Creek. We don’t even lock our doors.




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There Ain’t No Such Thing as a Free Reverse Mortgage

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Hell or High Water is a classic film about down-on-their-luck bank robbers and the gruff-but-tenderhearted sheriff who doggedly chases them. The bank robbers are brothers Tanner (Ben Foster), an ex-con recently released from prison, and Toby (Chris Pine), a rancher trying to save the family home from foreclosure because the recently deceased mother had tied it up with a reverse mortgage. Come “hell or high water,” they are determined to pay off the debt before the bank gets the ranch.

There isn’t a bad guy in this film. The robbers are bumbling and likeable, with a noble if misguided motive. “We ain’t stealing from you, we’re stealing from the bank,” Tanner tells one bank manager as he points a gun at him. They’re smart enough to garner our admiration for their home-saving plan, dumb enough to make us laugh, and kind enough to tellers and waitresses to engage our sympathy. The bank managers and tellers are also just ordinary folks doing their jobs, and a little bit dumb as well. Their video cameras aren’t working, and they seem to have no security plan in place. If anyone could be considered a villain in this film, it would be faceless bank presidents and real-life folks such as Alex Trebek and Tom Selleck, the television hucksters who promote reverse mortgages as the financial saviors of old age — but they don’t actually appear in the movie.

It’s a brilliant piece of acting from a brilliant and underappreciated actor.

As inept as they seem, Toby and Tanner leave no clues behind — largely because the bankers are so inept themselves. Sheriff Marcus Hamilton (Jeff Bridges) is determined to catch these thieves through cunning instead of force. He would rather figure out their next move and wait for them at the next bank than chase them down with forensics and SWAT teams. He’s an old codger of the proverbial “dying breed,” and the true thief in this film — Jeff Bridges steals the show. Bridges has long been one of my favorite actors, as skilled as Tom Hanks but without the pizazz and notoriety. He just gets the job done, quietly and without fanfare, much as his character, Marcus Hamilton, does in the script.

Underlying the bank heists and chase scenes and good-ol’-boy ribbing is a poignant story about how difficult it can be for men to express deep affection for one another. Tanner and Toby clearly love each other, yet they can’t put that love into words. Instead, they undertake a risky scheme to demonstrate their loyalty to each other. Similarly, Toby is estranged from his sons, who want nothing to do with him, yet he is willing to risk death or prison in order to give them a better life.

If anyone could be considered a villain in this film, it would be faceless bank presidents and real-life folks such as Alex Trebek and Tom Selleck, the television hucksters who promote reverse mortgages.

The relationship between the sheriff and his partner Alberto (Gil Birmingham) is even more striking. Marcus is an old-fashioned “man’s man” who can’t express his appreciation or affection in words. Instead, he peppers his Native American partner with an incessant barrage of racist jokes and stereotypes that cause the audience to cringe and laugh at the same time. But we catch a glimpse of his true emotion in a particular moment when Marcus first laughs in exultation over something he has just accomplished, then strangles that laugh into a sob, and then lifts his head with stoic calmness and moves on. It’s a brilliant piece of acting from a brilliant and underappreciated actor.

Hell or High Water is a character-driven film with an engaging story and topnotch acting. I’ve come to expect the best from Ben Foster and Jeff Bridges, who tend to abandon themselves in their acting and let the character take over with gestures and expressions that are simply and unexpectedly perfect. But Chris Pine, who is known mostly as an action figure with a pretty face (Star Trek, Jack Ryan), delivers a surprisingly nuanced performance as well. Come hell or high water, you should see this film while it’s in theaters this month.


Editor's Note: Review of "Hell or High Water," directed by David Mackenzie. Film 44 / Odd Lot Entertainment (that’s right — not a big studio; they’re all busy making superhero movies), 2016, 102 minutes.



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The Sounds of Silence

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People make up their ideas of the world by listening to what other people say — in a speech, on a survey, to their friends. But maybe we could learn something if we reflected on what people do not say.

Here are 33 things that nobody in America says. Or, possibly, thinks.

  1. The tax rates are just about right, except for people like me. My taxes should be higher.
  2. I am a member of the 1%.
  3. The policeman is your friend.
  4. I hate all people of other races, but I keep quiet about it, to avoid being criticized.
  5. I got my job from affirmative action.
  6. No one is qualified to teach kids their ABCs unless certified by the government.
  7. I know someone who died from climate change.
  8. The Constitution was written to abolish capital punishment, preserve the lives of endangered fish, and ensure a living wage for all Americans.
  9. When the government provides a service, it usually does a better job than private business.
  10. Some Americans are so poor that they have to steal from other people.
  11. Some Americans are so poor that they have to murder other people.
  12. Open borders would increase Americans’ pay rates while improving Americans’ security.
  13. American public schools are very good.
  14. American public schools are good.
  15. American public schools are acceptable.
  16. American literature, music, and art are better than they were in the past.
  17. I have a perfect right to tell my neighbor what opinions she may express.
  18. The government is better at handling my money than I am.
  19. The American government has a good plan for dealing with terrorism.
  20. I believe in everything my pastor says.
  21. If you don’t like this country, stay right here.
  22. If you graduated from an elite university, you must be smart.
  23. Few people actually get important jobs just because they come from wealthy families.
  24. It makes good sense that people can vote before they are trusted to drink a legal beer.
  25. It makes good sense that people can serve three years as Special Forces operatives before they are trusted to drink a legal beer.
  26. At least one Muslim country recognizes equal rights for Christians, gays, and women.
  27. America’s Middle Eastern wars succeeded.
  28. The War on Drugs succeeded.
  29. The War on Poverty succeeded.
  30. The Libertarian Party will eventually take power.
  31. President Obama has improved race relations.
  32. Donald Trump is a deeply spiritual man.
  33. When I have an important decision to make, I ask myself, “What would Hillary Clinton do?”



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Total Regime, Total Propaganda

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Choozoo: We went up and down that pile of dirt for four days. Fixed bayonets, hand to hand. Fought ‘em something fierce. They gave back as good as they got. Lots of men died. We were in the 23rd Infantry. We joined the Corps later. Hell, we were even younger than you.

Corporal “Stitch” Jones: I never heard of no Heartbreak Ridge.

Choozoo: That’s ’cause it ain’t in any of the history books. Just a little piece of war. Place didn’t even have a name, just a number. Stoney Jackson took one look up at it and said, “Ladies, if this hill doesn’t kill us, it’ll surely break our hearts.” — Heartbreak Ridge (1986)

Over the last couple of years I have devoted most of my all-too-limited time for research to the study of propaganda — what it is, how it works, and why it works. How can irrational propaganda persuade people of even high intelligence to believe absurd or silly things, much less do evil things? I have focused on Nazi Germany, because it was arguably the most successful dictatorial regime in modern history at rapidly consolidating political power and maintaining popular support, support that remained fairly widespread even as the country got pummeled in the last two years of the war.

The reason for the Nazi Regime’s large basis of support is, I believe, in great measure the power of its propaganda machine. The book under review is a useful illustration of how comprehensive in scope that machine was.

But a bit of conceptual analysis would be helpful here, for the term “propaganda” has a number of different meanings.

Let’s start with a basic distinction. Suppose I want Smith’s car. How might I try to get Smith to let me have it? Or better: what are the broad methods I might employ to get Smith to comply with my desire? Three, I think.

The first is attempted coercion, or what I will call simply power. This includes force, or the threat of force, or theft. I use the qualifier “attempted” to make it explicitly clear that the coercion may or may not succeed, depending on the situation. For example, my threat to beat Smith up unless he gives me his car will work only if he views me as able to beat him up. If he is bigger, younger, better trained in martial arts, and in better shape than am me, he likely will laugh at my threat.

The reason for the Nazi Regime’s large basis of support is in great measure the power of its propaganda machine.

The second broad method of obtaining compliance is attempted purchase. This includes offering to trade money, physical objects, labor, or whatever else I think the other person may value. Again, I use the qualifier ‘attempted’ to signal that the attempt to purchase might or might not succeed, depending on the situation. For example, if I offer Smith less than his “reservation price” for the car, he will refuse to sell it to me.

The third broad method of compliance is attempted persuasion (or promotion). Persuasion means offering reasons other than the use of force or the offer of goods in trade. Once again, the qualifier “attempted” indicates that the persuasion may or may not succeed, depending on the situation. For example, I may try to persuade Smith that he ought to give me a car by pointing out that he owns two of them and I own none, and appealing to the notion of fairness. But if he doesn’t view me as deserving of help, he will likely dismiss my appeal.

I grant that some might view coercion or purchase or both as types of persuasion, but this view strikes me as doubtful. While someone watching me hold a gun to Smith’s head and demand his car might say that I am trying to “persuade” him that appears to me to be a misuse of the term — really, it would be an ironical use. Similarly, it would be far from a normal use of language to say that when I bought Smith’s car for $30,000 I “persuaded” him by a “monetary argument.”

Some people use the term propaganda to cover the promotion of anything from products to policies to religious beliefs, but it is closer to common usage to use the term marketing (including sales and advertising) for the attempt to persuade people to buy specific products (goods and services) or patronize a brand. (Persuading people to patronize a brand simply means trying to increase the chances that they will buy products with that brand in the future.) I will use the term propaganda more narrowly to refer to the promotion of ideas — specifically political, social, and religious ideas and ideologies.

While someone watching me hold a gun to Smith’s head and demand his car might say that I am trying to “persuade” him that appears to me to be a misuse of the term.

So “marketing” means here messaging intended to persuade a target audience to buy the products the marketer (or his principal) desires them to buy. And “propaganda” means here messaging intended to persuade a target audience to support the ideas, ideology, policies, or political candidates that the propagandist (or his principal) desires them to adopt.

Of course, the distinctions I have drawn are not completely clear-cut demarcations; they are broad categories, and there are borderline cases. So ads for Amtrak (the federally-owned passenger rail system) can be viewed not merely as marketing the service, but also as propaganda for the federal government. Similarly, a regime that runs ads bragging about its new universal healthcare system can be viewed as making propaganda for public support but also as purchasing the support of the majority by giving them services paid for by taxing a minority. But I want to distinguish here between the use of force and the trading of goods, on the one hand, from the messages about them, on the other.

Let us turn to the Nazi propaganda machine. (I will look at both the Nazi power and purchase machines in subsequent reviews.) As Nicholas O’Shaughnessy has accurately observed in a recent article, the Nazi Regime (hereafter just “the Regime”) was based on imagery: “Propaganda was a governing philosophy, not merely a means to an end but an end in itself.” To the Regime, propaganda was foundational, and it exploited every medium it could to push the Nazi brand and its specific policies: film, newspapers, magazines, books (including children’s books), pamphlets, school curricula, art, architecture, music, performance dance, plays, sports events, public festivals and rituals, TV shows, posters, and radio shows. It was a war, a propaganda war that (like World War II) took place in various “theaters.” A theater of war is a place with natural boundaries within which military actions — “campaigns” — take place, more or less independently. The Regime waged its war by various campaigns in all the media — the theaters — of propaganda.

Let’s look at some examples. In the medium of film, the Regime had an anti-British campaign, an anti-Semitic campaign, and so on — each campaign understood as a group of films advancing that message. In the medium of popular art, posters played a big role in the presentation of the Regime’s message. The Regime focused especially on radio, issuing inexpensive radio receivers that could receive broadcasts only from the Regime. (For a detailed study of the role that radio played in the rise of the Regime, see Adena et. al.) Children’s books were made to inculcate the Regime’s message — for instance, Der Giftpilz (The Poisonous Mushroom, 1938), in which a boy and his mother go picking wild mushrooms. She teaches him the difference between edible ones and poisonous ones and then compares mushrooms with people, likening Jews to poisonous mushrooms. And newspapers such as Der Sturmer (The Attacker) and Volkischer Beobachter (The Peoples’ Observer) were potent propaganda tools.

For the purpose of waging its propaganda war, the Regime created a separate ministry, the Ministry of Public Enlightenment and Propaganda, with a staff of over 2,000 people and a budget of nearly 190 million Reichmarks. This ministry had seven divisions, one each for administration and legal matters; mass rallies, public health information, youth, and race; broadcasting; national and foreign press; film and film censorship; art, music, and theater; and defense against foreign and domestic counter-propaganda.

The principal effect of the book is the spectacle of a Regime with a massive presence in even the tiniest areas of life.

It is against this backdrop that we can consider the book under review. It isn’t about the Regime’s propaganda war, or even a major theater of it, but just a little piece — a campaign in a microtheater, so to say. It is about the uniforms and accompanying insignia that the Regime employed, that is, the dress and graphical designs used to distinguish people within an organization by rank or status. Insignia include badges, cockades, coats of arms, medals, military patches, and so on. The Regime had an enormous number of organizations, many of which had distinctive uniforms, and those uniforms and insignia helped reinforce order, discipline, and unity. Uniforms have immense psychological power to create a feeling of unity. Each of the armed forces had its uniform, as did the SA, SS, the Party hierarchy, the Hitler Youth, the Fire Service, the German Red Cross, the Railway Police, and even the Postal Service. The editors (Chris Bishop and Adam Warner) do a thorough job of showing how the insignia looked and explaining their significance. But the principal effect of the book is the spectacle of a Regime with a massive presence in even the tiniest areas of life.

The editors begin by noting that two of the most commonly employed and emotionally potent symbols were the German eagle and the swastika, which were stamped, engraved, printed, or painted on most of the medals and other items the Regime provided to groups.

The editors then take up one of the most infamous of the specific symbols, the Totenkopf or Death’s Head. The Death’s Head has a long history in the German military. It was worn by 18th-century Prussian elite units, and by certain units in World War I, including flamethrower squads and early tank units. As Bishop and Warner note, the Death’s Head was not intended as a ghoulish symbol but one that connoted the utmost devotion, literally the willingness to fight to the death.

Early in their history, the Nazis used the Death’s Head on the caps and collar patches of SS uniforms. The SS (Schutzstaffel) was formed as the elite bodyguard of Hitler, but rapidly grew, first displacing the SA (Assault Division, the Storm Troopers or Brownshirts) and then attaining a size of 800,000 at the height of the war. The SS was divided into the Allgemeine SS (the general SS) which handled police functions of all sorts in the Regime (including the Gestapo), and the Waffen SS (the armed SS), which consisted of elite fighting troops and the Totenkopfverbande (SS-TV, the concentration camp guards). The Death’s Head was on the cap of every concentration camp guard. Also, the Death’s Head was worn by armored units and a few special regular army units. But the Death’s Head worn by SS members was different from the one worn by the regular military units: it was a newer design that featured a jawbone, while the other was the traditional Prussian design (no jawbone).

The editors next discuss the various banners carried at the Nazi Party rallies, as well as the rallies themselves. The earliest rally was held in Munich in 1923 and was fairly modest, with 20,000 Party participants and an unknown number of observers. The second rally (also 1923) was in Nuremberg and featured a parade by 80,000 SA Stormtroopers. In the same year Hitler was imprisoned for the Beer Hall (or Munich) Putsch and his Party was outlawed for a few years, so the next rally was in 1926 (in Weimar). The fourth was in 1927 in Nuremberg, and featured the first torchlight parade. With the onset of the worldwide depression, the Party’s membership grew rapidly. The 1929 rally was the first “major extravaganza,” with 2,000 Party delegates listening to Hitler speak, and men marching in swastika formation. At the Berlin rally celebrating Hitler’s rise to power in 1933, attendance hit a half million. The important architect Albert Speer designed the layout of the field, with massed flags and innovative lighting. The SS and the SA had their own banners (Feldzeichen), and the Party had a special banner (the Blutfahn) that had been displayed at the Beer Hall Putsch and was stained with the blood of a Nazi “martyr.” The 1934 Nuremberg rally, fully planned by Speer, was the one featured in Leni Riefenstahl’s propaganda classic, Triumph of the Will (Triumph des Willen, 1935). The largest Nuremberg rally was held in 1938. The editors show the various flags and banners that figured so prominently in these rallies.

The Death’s Head was not intended as a ghoulish symbol but one that connoted the utmost devotion, literally the willingness to fight to the death.

The next section of the book is devoted to the uniforms, badges, patches, and ceremonial daggers used by the SA, the Storm Troopers, also called the Brownshirts. Bishop and Warner briefly sketch the history of the SA from its start in 1924 to its peak strength of about two million in 1934. They do not report the killing of its leaders in the “Night of the Long Knives” and its subsequent displacement by the SS.

The editors then show us the uniforms, patches, banners and ceremonial daggers of the Hitlerjugend (Hitler Youth), which was formed in 1926 and absorbed all the other German youth groups in 1933. In 1939, all German boys and girls were required to join the Hitlerjugend — which came to have 3.5 million members. Actually, children ages 10–14 first joined the Jungvolk (for boys) and Jungmadel (for girls). At age 14, the girls entered the Bund Deutscher Madel where they focused on training for house or farm work. At age 15, the boys entered the Hitlerjugend proper, where they trained for military service. With the outbreak of war in 1939, a million of them worked in the war effort. When the Regime started losing the war in 1943, they were inducted into the armed forces, where they acquired a reputation for fighting with extreme devotion, suffering enormous losses along the way.

Bishop and Warner move on to the uniforms and insignia uniquely worn by Nazi officials — the NSDAP Leadership Corps. These officials fell into seven, dizzyingly multiplying groups. The first and foremost consisted of the Führer, of course. Then there were the Party Directorate (Reichsleitung); the hierarchy of men employed in monitoring the populace, the “bearers of sovereignty”; the Gauleiters, who controlled territories the size of a county; Kreisleiters, who controlled areas that were large subdivisions of a county; Ortsgruppenleiters, in control of towns, groups of small villages, or city districts of about 1500 to 3000 households; Zellenleiters, in charge of smaller groups of households equal to four to eight city blocks; and finally the Blockleiters, the political controllers of about 40 to 60 households. Each lower level reported to the higher — with the Gauleiters reporting directly to the Führer — and all had the authority to call in the SA, SS, or other organizations to help enforce discipline.

The editors then describe the orders and paraphernalia of the Luftwaffe (the air force). The Luftwaffe was formed in 1933 but kept hidden because it was forbidden by the Treaty of Versailles. It was made public in 1935, at which time it had 1,000 aircraft and 20,000 members. It grew rapidly, and by 1939 had about 1.5 million men in uniform — though only about 50,000 of them were airmen. The Luftwaffe formal uniform was similar to that of the RAF — blue, with rank badges and lapels. Returning to the SS, Bishop and Warner take up the SS uniforms. The SS started with a black uniform, but as it grew, the Allgemeine SS and the Totenkopfverbande kept the black uniforms (with the characteristic SS runes and Death’s Head badges), while the remaining Waffen SS members, who fought alongside the regular Army, began to resemble those military service members, though keeping the SS patches and badges.

Next up are the various medals, orders, and honor insignia the Regime issued, which could be found on any of the uniforms. For courage in battle, the Regime kept the two orders of the traditional Iron Cross (the Eisernes Kreuz), but added a new order for conspicuous gallantry, the Knight’s Cross (Ritterkreuz), which could be repeatedly given, and had additional grades: Oakleaves; Oakleaves and Swords; Oakleaves, Swords, and Diamonds; and Golden Oakleaves, Swords and Diamonds. Additionally, there were specific combat awards, such as the Luftwaffe Pilot’s Badge (given to pilots upon completion of flight school); the Luftwaffe Flak Badge, awarded on a point basis for bringing down aircraft; the Wound Badge (gold, silver, or black, depending upon how many wounds the soldier received); and the High Seas Fleet badge (for a sailor of the Kriegsmarine serving 12 weeks on a battleship or cruiser).

The Party had a special banner that had been displayed at the Beer Hall Putsch and was stained with the blood of a Nazi “martyr.”

The editors discuss decorative porcelain and china, much of it made at the Dachau concentration camp — the SS ran various industries staffed by concentration camp labor. The Regime either sold these items to the public or gave them as gifts or mementoes. They then show us some of the large number of awards the Regime gave out for long service, good conduct, bearing children, long-term Party membership, and exemplary service, even for street fighting: the Meritorious Order of the German Eagle (for friendly foreign dignitaries); the Cross of Honor of the German Mother (bronze for four or five children, silver for six or seven, and gold for eight or more); the Faithful Service Cross (for members of the public services who worked continuously for 25 or 40 years); and the Gold Party Badge (for the first 100,000 members of the party).

The use of the Nazi eagle is discussed in a separate section, with illustrations of its appearance on buildings, uniforms, medals, daggers, and so on. The eagle had been used as a German national symbol since AD 800 and was embraced by the Regime as the symbol of the Aryan race.

We next see the uniforms and insignia worn by the Ordnungspolizei (the “Orpo,” the ordinary police, which included inter alia the urban police, the rural police, the water and river police, and the fire service). All of these police and ancillary forces were under the direct control of the SS. It is just to describe the Nazi Regime as a massive police state.

It was also a state that seems to have been endlessly involved in propagating armed services of every kind, as Bishop and Warner illustrate in their consideration of the insignia of the NSKK (the Nationalsocialistisches Kraftfahrkorps, i.e., the National Socialist Motor Corps). The NSKK started life in 1930 as the NSAK (Nazi Automobile Corps), a motor pool for transporting party members that was under the control of the SA. In the ensuring four years it was renamed and became independent. The NSKK acted was a training organization to teach people how to drive, a traffic enforcement force, and a roadside assistance service — rather like the Auto Club combined with traffic cops. But with the start of war, it was militarized and given the duty of providing logistical support for the SS and Wehrmacht.

The editors discuss and illustrate the various symbols put on documents issued by the SS. They also review the wide variety of items that served as mementoes of the Nuremberg mass rallies. Nuremberg had a special significance for Germans; it was the meeting place for the Germanic rulers of the medieval period. The mementoes included pennants, plates, certificates, plaques, postcards, medals, and badges. The dispensing of mementoes — however kitschy — was a way of purchasing support for the Party as well as propagandizing for it.

All of these police and ancillary forces were under the direct control of the SS. It is just to describe the Nazi Regime as a massive police state.

An important part of Nazi ideology is the Führerprinzip — the "leader principle" — formulated by Hitler as early as 1921. It meant that any organization must always be ruled by the strongest individual — the Overman — and that this individual will always rise above the pack. Stripped of the Nietzschean cant, it really meant that Hitler was to be more than just the absolute dictator; he would be the object of worship in a personality cult. Pictures of Hitler were displayed everywhere, and the greeting “Heil Hitler!” accompanied by a Roman salute, was the required greeting during the tenure of his Regime. The editors give the reader a number of examples of Führer mementoes: such as porcelain plaques commemorating his 50th birthday, gold-embossed, leather bound editions of Mein Kampf, and personal invitations from him. Some of this was sold, but much of it was given away — again, propagandizing and purchasing go together.

In the next two sections the editors return to uniforms. They discuss and show the uniforms and insignia for the Panzerwaffe (the tank force, within the Reichsheer, or German regular army). The Regime certainly had very snappy uniform designs across the board; the Panzerwaffe arguably had the snappiest. The Germans had tank units as early as 1917, but the Treaty of Versailles forbade Germany from building tanks. Yet the army clearly planned to develop tank units in 1929, years before Hitler took office, for that was when it designed the new tank unit uniforms. The formal uniforms were black, with the Prussian Death’s Head emblems within pink borders, and instead of peaked caps, they had berets. (The field uniforms the tank soldiers wore in the African desert war were of light tan, no doubt for the sake of comfort.) The editors also show us the familiar gray Reichsheer uniforms, together with the officers’ dress daggers and other emblems and patches.

The book discusses SS cuff titles and infantry equipment, before turning to yet another uniform, this for the Reichsarbeitsdienst (the RAD, or the Reich labor service). Before the war, the RAD put men to work on large-scale infrastructure projects, while also training them for military service. In 1935, the Regime ordered all men between 18 and 35 to work in the RAD for a six-month term. With the outbreak of war, the RAD became in effect construction battalions for the Wehrmacht. Again, great care obviously went into the design of the RAD uniform, which had a sort of axe-like knife — a small machete — rather than a dagger, and unique forester caps.

In examining the insignia of foreign legions, which is their next task, Bishop and Warner rightly note that most people are unaware that about two million men from other nations fought with the Nazis, sometimes voluntarily, sometimes because of coercion, and sometimes — as in the case of General Vlasov’s Russian Liberation Army — sometimes because of rebellion against their own governments. We see insignia from uniforms for Bosnian Muslims, Muslims from Turkestan, Danish volunteers, Latvian volunteers, and others.

The editors examine the use of the swastika on banners and flags. Usually appearing in black within a white circle against a red surround, it became a common ensign in 1933 when the Regime took power and the national flag two years later. The swastika was an Indian symbol; indeed, the word swastika is Sanskrit, the language used by the Aryans, the Indic people.As early as 1910, racists in Germany associated it with the so-called “Aryan” race, and the Nazis adopted it as their own symbol. The book also returns to the design of the Iron Cross.

The book discusses very briefly Nazi art (specifically, statuettes and dishes) before turning to the various daggers carried by uniformed organizations. Not only did fighting units carry symbolic daggers, but so did members of the German Red Cross, the Forestry Service, the National Political Education Institute, and even railway and postal workers. For most services, the dagger was merely part of the uniform, the symbol of the warrior. But for the SS, the dagger was only awarded after someone successfully passed probation, and had to be returned if the person was dismissed from the organization.

Hitler was to be more than just the absolute dictator; he would be the object of worship in a personality cult.

This brings us to the uniforms and insignia associated with elite Party schools, primary and secondary. One group of such schools was the Napolas(the National Political Training Academies), initially run by the SA and SS with the cooperation of the Ministry of Education. The second major group was the Adolf Hitler Schools, run independently of the Ministry of Education, but closely associated with the Hitler Youth.

After a short discussion of Nazi Party printed media (the Party newspaper, books, and magazines), Bishop and Warner return to uniforms and insignia, first of the foreign Nazis (in Slovakia, Moravia, Bohemia, Norway and Holland) — another topic of which most people are unaware — and of the SD (the Sicherheitsdienst, the security service, later combined with the Gestapo and Kripo) and a few of the many civilian uniforms. The Germans had well over 60 different uniformed organizations, from the German Red Cross and Customs Service down to the National Stud Farms groups. The prospect of these groups, each with its uniform, cap, dagger, eagle, swastika, and whatnot, is vast and appalling. One is relieved when one comes to the discussion of the Nazi party badge and other tokens, because these are the last items considered.

I have many problems with the Nazis, but only a few with Bishop and Warner’s book. First, they include a section about Nazi art, although (like all the sections of the book) it is quite short. A proper discussion of the Regime’s propaganda campaigns in the realm (or theater of war) of art needs a separate book, and is in any case quite distinct from the topic of uniforms and their symbolic paraphernalia. The same criticism applies to the editors’ brief and out-of-place discussion of Party print media.

Second, the book would have been better structured around the separate uniformed services (SA, SS, NSDAP hierarchy, and so on), with each in a separate chapter. For example, the editors could have collected the four scattered sections of the book on SS uniforms, SS documents, SS cuff titles, and SS personalities into one proper chapter.

Third, the book should have had an introduction discussing the psychological power of uniforms and the different psychological effects of different forms of uniforms. There has been a fair amount of psychological research on this topic, some of which is discussed in an article by Richard Johnson. Consider just the color of uniforms. Psychological surveys of college students show that they associate colors such as white and yellow with weakness, blue with security, and black and brown with strength. Is it a mere coincidence that the preferred colors for the Regime’s numerous uniforms were darker: blue for the Luftwaffe, gray for the army, brown for the SA and NSDAP Party higher-ups, black for the SS and Panzerwaffe?

Perhaps one sign of the power of the design of the extravagant array of Nazi insignia and paraphernalia is the number of websites that sell these items even today, and the prices they typically fetch.

These issues notwithstanding, this slim volume, with numerous color photos, is a valuable contribution to our understanding of Nazi propaganda in particular and propaganda in general — not least because it shows just how much effort the Regime put into even this little piece of the war.


Editor's Note: Review of “German Insignia of World War II,” edited by Chris Bishop and Adam Warner. Chartwell Books, 2013, 144 pages.



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