Category: reason

Cops Arrested and Handcuffed a 10-Year-Old Boy for Pointing a Toy Gun at a Car

A 10-year-old boy—Gavin Carpenter of Colorado Springs, Colorado—was playing with a toy gun and pointing it at passing cars.

This angered one driver, who stopped his vehicle, berated Carpenter, and followed the alarmed boy back to his grandparents’ house. The driver eventually called the cops as well.

When officers from the El Paso County Sheriff’s Office showed up, they arrested Carpenter for menacing the driver. This included handcuffing the kid, booking him, and taking his mugshot. He was charged with a felony, and had to complete community service in order to have his record expunged. His family spent thousands of dollars defending him.

That’s according to The Washington Post, which detailed the fraught efforts of Carpenter’s parents to convince the authorities to relent:

“I knew I did something wrong,” Gavin told KXRM, “but I don’t think I should have got arrested and taken in a car with handcuffs on and taken to a place to get mug shots and my fingerprints.”

His mother said she shared the story on Facebook to warn other parents who might allow their kids to play with toy guns without realizing the possible consequences.

“I couldn’t believe they were following through with this,” she told KRDO. “I was waiting for the call from the cops saying that they were going to let this go, warn them, tell them it was wrong.”

On Facebook, the mother said her family is eager to move away from Colorado Springs when her husband, who is a lieutenant colonel in the Army, is stationed at another post in about three months.

This is the criminalization of teenage boyhood in action, and it’s as harmful as it is stupid. In what universe is it reasonable to arrest a child for felony public menacing stemming from an incident in which no one was harmed? Carpenter should have been sent to bed without supper, or grounded for a week. We want children to learn from their mistakes, but the punishment should always be proportionate to the wrongdoing.

The only lesson Carpenter is likely to learn from this ordeal is that the criminal justice system is capricious and unfair. That’s a worthwhile lesson but not one he should have to experience firsthand.

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Did the Trump Administration Overpromise One Million Covid-19 Diagnostic Tests by the End of This Week?

The United States lags way behind China, South Korea, and even Italy in deploying wide-scale diagnostic testing for the coronavirus responsible for the Covid-19 respiratory illness. For example, China had 5 commercial diagnostic tests available a month ago and can now administer 1.6 million tests per week, according to Science. Private U.S. companies have similarly developed Covid-19 diagnostic tests. In fact, Europe uses, among others, a test developed by the Utah-based biotech company Co-Diagnostics.

In the meantime, U.S. health authorities have insisted on using a diagnostic test devised by the Centers for Disease Control and Prevention (CDC) that turned out to be flawed. In addition, the use of the CDC test limited testing to folks who had traveled to affected countries or who had come into contact with such travelers. This narrow focus was all but guaranteed to miss any community spread of the disease.

On February 29, the Food and Drug Administration (FDA) loosened its regulatory stranglehold on Covid-19 diagnostic testing. On Sunday, Health and Human Services Secretary Alex Azar promised a “radical expansion” of testing by the end of this week. The good news is that on Tuesday, Co-Diagnostics was allowed to begin selling its Covid-19 diagnostic test in the U.S.

At a Senate hearing earlier today, FDA Commissioner Stephen Hahn told lawmakers that he believed that manufacturers should be able to supply by Friday 2,500 test kits enabling laboratories to perform up to 500 tests per kit, amounting to the ability to administer more than 1 million diagnostic tests. Assuming the tests are available, people still have to be tested. On CBS’ Face the Nation this past Sunday, former FDA Commission Scott Gottlieb estimated that testing could be ramped up to 10,000 persons per day by the end of the week and up to 20,000 per day by the end of the following week.

Once more widespread testing takes off, we will have a much better handle on just how dangerous Covid-19 is compared to other epidemics of respiratory illnesses such as influenza. Right now, I am betting that it is likely to be no worse than a particularly bad flu season, with a case-fatality rate somewhere between 0.2 and 0.5 percent. That’s not great, but it’s not apocalyptic.

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Cops Arrested and Handcuffed a 10-Year-Old Boy for Pointing a Toy Gun at a Car

A 10-year-old boy—Gavin Carpenter of Colorado Springs, Colorado—was playing with a toy gun and pointing it at passing cars.

This angered one driver, who stopped his vehicle, berated Carpenter, and followed the alarmed boy back to his grandparents’ house. The driver eventually called the cops as well.

When officers from the El Paso County Sheriff’s Office showed up, they arrested Carpenter for menacing the driver. This included handcuffing the kid, booking him, and taking his mugshot. He was charged with a felony, and had to complete community service in order to have his record expunged. His family spent thousands of dollars defending him.

That’s according to The Washington Post, which detailed the fraught efforts of Carpenter’s parents to convince the authorities to relent:

“I knew I did something wrong,” Gavin told KXRM, “but I don’t think I should have got arrested and taken in a car with handcuffs on and taken to a place to get mug shots and my fingerprints.”

His mother said she shared the story on Facebook to warn other parents who might allow their kids to play with toy guns without realizing the possible consequences.

“I couldn’t believe they were following through with this,” she told KRDO. “I was waiting for the call from the cops saying that they were going to let this go, warn them, tell them it was wrong.”

On Facebook, the mother said her family is eager to move away from Colorado Springs when her husband, who is a lieutenant colonel in the Army, is stationed at another post in about three months.

This is the criminalization of teenage boyhood in action, and it’s as harmful as it is stupid. In what universe is it reasonable to arrest a child for felony public menacing stemming from an incident in which no one was harmed? Carpenter should have been sent to bed without supper, or grounded for a week. We want children to learn from their mistakes, but the punishment should always be proportionate to the wrongdoing.

The only lesson Carpenter is likely to learn from this ordeal is that the criminal justice system is capricious and unfair. That’s a worthwhile lesson but not one he should have to experience firsthand.

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Did the Trump Administration Overpromise One Million Covid-19 Diagnostic Tests by the End of This Week?

The United States lags way behind China, South Korea, and even Italy in deploying wide-scale diagnostic testing for the coronavirus responsible for the Covid-19 respiratory illness. For example, China had 5 commercial diagnostic tests available a month ago and can now administer 1.6 million tests per week, according to Science. Private U.S. companies have similarly developed Covid-19 diagnostic tests. In fact, Europe uses, among others, a test developed by the Utah-based biotech company Co-Diagnostics.

In the meantime, U.S. health authorities have insisted on using a diagnostic test devised by the Centers for Disease Control and Prevention (CDC) that turned out to be flawed. In addition, the use of the CDC test limited testing to folks who had traveled to affected countries or who had come into contact with such travelers. This narrow focus was all but guaranteed to miss any community spread of the disease.

On February 29, the Food and Drug Administration (FDA) loosened its regulatory stranglehold on Covid-19 diagnostic testing. On Sunday, Health and Human Services Secretary Alex Azar promised a “radical expansion” of testing by the end of this week. The good news is that on Tuesday, Co-Diagnostics was allowed to begin selling its Covid-19 diagnostic test in the U.S.

At a Senate hearing earlier today, FDA Commissioner Stephen Hahn told lawmakers that he believed that manufacturers should be able to supply by Friday 2,500 test kits enabling laboratories to perform up to 500 tests per kit, amounting to the ability to administer more than 1 million diagnostic tests. Assuming the tests are available, people still have to be tested. On CBS’ Face the Nation this past Sunday, former FDA Commission Scott Gottlieb estimated that testing could be ramped up to 10,000 persons per day by the end of the week and up to 20,000 per day by the end of the following week.

Once more widespread testing takes off, we will have a much better handle on just how dangerous Covid-19 is compared to other epidemics of respiratory illnesses such as influenza. Right now, I am betting that it is likely to be no worse than a particularly bad flu season, with a case-fatality rate somewhere between 0.2 and 0.5 percent. That’s not great, but it’s not apocalyptic.

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Mick Mulvaney (W.H. Counsel) Real Estate Case Documents Unsealed

Paul Alan Levy (Public Citizen) moved to unseal the documents on Feb. 25 (see my post on his motion). A couple of South Carolina newspapers wrote about it here (briefly) and here (at length); and yesterday Judge Brian M. Gibbons ordered that the documents be unsealed:

The Court is issuing this Order sua sponte in its capacity both as the presiding judge and as the Chief Administrative Judge over the 6th Judicial Circuit. This matter was before the Court for a hearing on a summary judgement motion back on October 14, 2019. All parties entered into a Consent Protective Order in 2018 and subsequently entered into a Consent Order to Seal the record to keep certain deposition transcripts involving the parties confidential. The Court issued these orders primarily because all parties requested the same.

However, upon further reflection of the balancing factors set forth In Rule 41.1 of the SCRCP, the Court finds the drastic remedy of sealing the record in this case, even though presented lo the Court as a Consent Order, is not appropriate. As such, the Court vacates the Consent Order lo Seal and Consent Protective Order previously issued.

The judge issued the order “sua sponte,” which might have allowed him to unseal the case without waiting for a response; but it seems pretty clear that the unsealing was prompted by Paul’s motion—as usual, Paul gets results.

Thanks to Prof. Eric Robinson (Univ. of S.C.) for the news about the order.

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Mick Mulvaney (W.H. Counsel) Real Estate Case Documents Unsealed

Paul Alan Levy (Public Citizen) moved to unseal the documents on Feb. 25 (see my post on his motion). A couple of South Carolina newspapers wrote about it here (briefly) and here (at length); and yesterday Judge Brian M. Gibbons ordered that the documents be unsealed:

The Court is issuing this Order sua sponte in its capacity both as the presiding judge and as the Chief Administrative Judge over the 6th Judicial Circuit. This matter was before the Court for a hearing on a summary judgement motion back on October 14, 2019. All parties entered into a Consent Protective Order in 2018 and subsequently entered into a Consent Order to Seal the record to keep certain deposition transcripts involving the parties confidential. The Court issued these orders primarily because all parties requested the same.

However, upon further reflection of the balancing factors set forth In Rule 41.1 of the SCRCP, the Court finds the drastic remedy of sealing the record in this case, even though presented lo the Court as a Consent Order, is not appropriate. As such, the Court vacates the Consent Order lo Seal and Consent Protective Order previously issued.

The judge issued the order “sua sponte,” which might have allowed him to unseal the case without waiting for a response; but it seems pretty clear that the unsealing was prompted by Paul’s motion—as usual, Paul gets results.

Thanks to Prof. Eric Robinson (Univ. of S.C.) for the news about the order.

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Husband of Embattled Los Angeles D.A. Pulls Gun on Protesters at Their Door

When you’re an elected official who is accused of turning your back on police misconduct and supporting overly harsh criminal justice policies that target minorities, pulling a gun on Black Lives Matters protesters who show up at your house is perhaps not the best look one day before an election.

Los Angeles District Attorney Jackie Lacey wasn’t the person who pulled the gun. It was her husband, David. Still, it’s pretty much the last image of the Lacey campaign that L.A. voters are left with as they head to the polls today.

Lacey, who faces a very tough re-election vote, has faced protesters who believe she hasn’t brought nearly enough reform as a prosecutor to Los Angeles County. Critics are also upset that she continues to support the death penalty. Furthermore, she’s under attack for failing to hold law enforcement agents accountable for misconduct and shootings, including in a 2015 case where former LAPD Chief Charlie Beck recommended charges against an officer who killed a homeless man in Venice. Lacey declined to bring those charges.

Dissatisfaction with Lacey’s approach drew San Francisco D.A. George Gascón to resign from his position in October and challenge her for the Los Angeles position. (In January, San Francisco voters selected deputy public defender and reformer Chesa Boudin to office rather than Mayor London Breed’s interim replacement.)

Black Lives Matter activists have been protesting Lacey regularly and working toward her defeat today. On Monday they showed up at her home. When some of those activists knocked on her door, David answered. He was armed and pointed his gun at them. “I will shoot you,” he told them. “Get off of my porch.”

In the video of the incident, you can hear drumming after he closes the door on them. Then somebody yells, “We’re here for the community meeting, Jackie Lacey,” as though that’s a thing that was actually going to happen at that time of day, even if she were amenable. The gun obviously didn’t scare them that much.

Lacey has complained about being harassed and receiving threats in the past. The Los Angeles Times reports that a group of 30 protesters arrived before dawn Monday at her home, in an attempt to force an awkward confrontation that could then be used against her, which seems to be exactly what happened.

For her part, Lacey has used these confrontations as an excuse for pulling back from participation in some debates and to avoid meeting with Black Lives Matter activists.

It is, of course, “bad optics” for Lacey’s husband to pull a gun on her critics, though some voters will probably respect his grumpy “Get off my porch” response—minus the gun. Lacey has apologized for the incident but has also complained that it’s not “fair or right for protesters to show up at the home of people who dedicate their lives to public service.”

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Husband of Embattled Los Angeles D.A. Pulls Gun on Protesters at Their Door

When you’re an elected official who is accused of turning your back on police misconduct and supporting overly harsh criminal justice policies that target minorities, pulling a gun on Black Lives Matters protesters who show up at your house is perhaps not the best look one day before an election.

Los Angeles District Attorney Jackie Lacey wasn’t the person who pulled the gun. It was her husband, David. Still, it’s pretty much the last image of the Lacey campaign that L.A. voters are left with as they head to the polls today.

Lacey, who faces a very tough re-election vote, has faced protesters who believe she hasn’t brought nearly enough reform as a prosecutor to Los Angeles County. Critics are also upset that she continues to support the death penalty. Furthermore, she’s under attack for failing to hold law enforcement agents accountable for misconduct and shootings, including in a 2015 case where former LAPD Chief Charlie Beck recommended charges against an officer who killed a homeless man in Venice. Lacey declined to bring those charges.

Dissatisfaction with Lacey’s approach drew San Francisco D.A. George Gascón to resign from his position in October and challenge her for the Los Angeles position. (In January, San Francisco voters selected deputy public defender and reformer Chesa Boudin to office rather than Mayor London Breed’s interim replacement.)

Black Lives Matter activists have been protesting Lacey regularly and working toward her defeat today. On Monday they showed up at her home. When some of those activists knocked on her door, David answered. He was armed and pointed his gun at them. “I will shoot you,” he told them. “Get off of my porch.”

In the video of the incident, you can hear drumming after he closes the door on them. Then somebody yells, “We’re here for the community meeting, Jackie Lacey,” as though that’s a thing that was actually going to happen at that time of day, even if she were amenable. The gun obviously didn’t scare them that much.

Lacey has complained about being harassed and receiving threats in the past. The Los Angeles Times reports that a group of 30 protesters arrived before dawn Monday at her home, in an attempt to force an awkward confrontation that could then be used against her, which seems to be exactly what happened.

For her part, Lacey has used these confrontations as an excuse for pulling back from participation in some debates and to avoid meeting with Black Lives Matter activists.

It is, of course, “bad optics” for Lacey’s husband to pull a gun on her critics, though some voters will probably respect his grumpy “Get off my porch” response—minus the gun. Lacey has apologized for the incident but has also complained that it’s not “fair or right for protesters to show up at the home of people who dedicate their lives to public service.”

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The Afghanistan Deal Is Already Falling Apart

The U.S. just signed a peace deal with the Taliban that would see U.S. forces exit Afghanistan in 14 months. Yet less than 24 hours after the peace deal was signed, it’s already unraveling after Afghan President Ashraf Ghani rejected the timeline agreed to by America and the Taliban to exchange nearly 5,000 Taliban prisoners for around 1,000 Afghan government captives.

To be blunt, the details of this deal are a distraction. For America, a withdrawal of U.S. forces from Afghanistan is more urgent than the success or failure of a deal between the Taliban and Kabul.

Just observe how many hawks in Washington are already calling for President Donald Trump to rethink his plans to withdraw from Afghanistan. “We got a chance to end this Afghanistan War smartly and well but we’re gonna need a residual U.S. force, a counterterrorism presence for years to come because I don’t trust the Taliban to police Al Qaeda and ISIS,” said Sen. Lindsey Graham (R–S.C.), while championing never-ending U.S. presence in Afghanistan. Likewise, Susan Rice and John Bolton have both come out swinging against the deal—these arch-hawks may quibble over the details, but they agree on maintaining a U.S. military presence in Afghanistan.‬

For close to two decades, America’s interests have demanded a military withdrawal from Afghanistan, peace deal or not. If this is a question of what the U.S. is getting in return for the nearly $2 trillion spent on the war, and around 2,500 American lives lost directly due to combat, the answer is completely depressing—after being in Afghanistan for 18 years, there’s no end in sight to the conflict. Over the last 10 years, the situation on the ground has looked more and more like a stalemate that grinds on. Meanwhile the Taliban still controls the exact same amount of territory.

Even from a humanitarian angle, it is in America’s interest to leave. Not all who America is helping in the fight against the Taliban are “good guys.” There’s a host of human rights abuses committed by Afghan warlords and security forces, including the bacha bazi abuse of young boys. Meanwhile, corruption is rife in Kabul.

America would be foolish to tie withdrawal to the success of a deal between Kabul and the Taliban. Neither side has American interests in mind and our allies in Kabul have an incentive to scuttle a deal if that means America continues to provide a security blanket to Afghan forces.

But what of Graham’s contention, repeated elsewhere by establishment types, that America’s chief mission in Afghanistan is keeping Al Qaeda and the Islamic State group out?

First off, notice how the mission evolved from beating the Taliban and engaging in nation-building in Afghanistan to now keeping Al Qaeda and IS out. But we aren’t doing a good job at even that: Al Qaeda still operates on the border between Afghanistan and Pakistan. Sure, the Taliban continues to have a relationship with Al Qaeda, but America’s presence in Afghanistan isn’t changing that. Regrettably, our military presence may even be giving the Taliban and terror groups like Al Qaeda more reasons to work together.

Next, it isn’t true that we need troops in Afghanistan to conduct anti-terrorism operations. Defense Secretary Mark Esper already stated that the U.S. “will not hesitate” to strike terrorist threats in Afghanistan if the Taliban falters in its promise to prevent Sunni terror groups from using Afghanistan as a base. If a legitimate terror threat to the U.S. arises in Afghanistan, there are tools at our disposal—whether by strike or by raid, America’s reach is long and does not rely on a permanent ground presence in Afghanistan.

Peace deals can always fall apart. Instead of focusing on the details of the accord, policymakers should be thinking about America’s interests—and how badly we’ve strayed from them. Whether the deal holds or not, this statement remains true: It’s in America’s best interest to withdraw from Afghanistan as soon as possible.

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The Afghanistan Deal Is Already Falling Apart

The U.S. just signed a peace deal with the Taliban that would see U.S. forces exit Afghanistan in 14 months. Yet less than 24 hours after the peace deal was signed, it’s already unraveling after Afghan President Ashraf Ghani rejected the timeline agreed to by America and the Taliban to exchange nearly 5,000 Taliban prisoners for around 1,000 Afghan government captives.

To be blunt, the details of this deal are a distraction. For America, a withdrawal of U.S. forces from Afghanistan is more urgent than the success or failure of a deal between the Taliban and Kabul.

Just observe how many hawks in Washington are already calling for President Donald Trump to rethink his plans to withdraw from Afghanistan. “We got a chance to end this Afghanistan War smartly and well but we’re gonna need a residual U.S. force, a counterterrorism presence for years to come because I don’t trust the Taliban to police Al Qaeda and ISIS,” said Sen. Lindsey Graham (R–S.C.), while championing never-ending U.S. presence in Afghanistan. Likewise, Susan Rice and John Bolton have both come out swinging against the deal—these arch-hawks may quibble over the details, but they agree on maintaining a U.S. military presence in Afghanistan.‬

For close to two decades, America’s interests have demanded a military withdrawal from Afghanistan, peace deal or not. If this is a question of what the U.S. is getting in return for the nearly $2 trillion spent on the war, and around 2,500 American lives lost directly due to combat, the answer is completely depressing—after being in Afghanistan for 18 years, there’s no end in sight to the conflict. Over the last 10 years, the situation on the ground has looked more and more like a stalemate that grinds on. Meanwhile the Taliban still controls the exact same amount of territory.

Even from a humanitarian angle, it is in America’s interest to leave. Not all who America is helping in the fight against the Taliban are “good guys.” There’s a host of human rights abuses committed by Afghan warlords and security forces, including the bacha bazi abuse of young boys. Meanwhile, corruption is rife in Kabul.

America would be foolish to tie withdrawal to the success of a deal between Kabul and the Taliban. Neither side has American interests in mind and our allies in Kabul have an incentive to scuttle a deal if that means America continues to provide a security blanket to Afghan forces.

But what of Graham’s contention, repeated elsewhere by establishment types, that America’s chief mission in Afghanistan is keeping Al Qaeda and the Islamic State group out?

First off, notice how the mission evolved from beating the Taliban and engaging in nation-building in Afghanistan to now keeping Al Qaeda and IS out. But we aren’t doing a good job at even that: Al Qaeda still operates on the border between Afghanistan and Pakistan. Sure, the Taliban continues to have a relationship with Al Qaeda, but America’s presence in Afghanistan isn’t changing that. Regrettably, our military presence may even be giving the Taliban and terror groups like Al Qaeda more reasons to work together.

Next, it isn’t true that we need troops in Afghanistan to conduct anti-terrorism operations. Defense Secretary Mark Esper already stated that the U.S. “will not hesitate” to strike terrorist threats in Afghanistan if the Taliban falters in its promise to prevent Sunni terror groups from using Afghanistan as a base. If a legitimate terror threat to the U.S. arises in Afghanistan, there are tools at our disposal—whether by strike or by raid, America’s reach is long and does not rely on a permanent ground presence in Afghanistan.

Peace deals can always fall apart. Instead of focusing on the details of the accord, policymakers should be thinking about America’s interests—and how badly we’ve strayed from them. Whether the deal holds or not, this statement remains true: It’s in America’s best interest to withdraw from Afghanistan as soon as possible.

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