Canada’s Panicked Government Engages in Undemocratic Theft


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Emergency powers, threats to freeze the finances of peaceful protesters, and smearing critics as terrorists—it has to be China, right? But no, it’s our neighbor to the north, under a leader with a bad case of China-envy. For all the world to see, a panicky Prime Minister Justin Trudeau is throwing a tantrum over protests against restrictive pandemic policy that warns us how quickly an established democracy can lose its mind. It’s an advertisement for the value of cryptocurrency and other means of escaping the reach of the financial police state.

Part of Canada’s problem is that the country has rarely seen large numbers of people take to the streets in opposition to government actions. As a consequence, officials and some members of the public are wigging out over what would cause people elsewhere to shrug.

“By the standards of mass protests around the world, the ‘Freedom Convoy’ snarling Downtown Ottawa ranks as a nuisance,” The New York Times editorial board pointed out last week. “The number of protesters, about 8,000 at their peak, is modest; there have been no serious injuries or altercations, the truckers stopped blaring their horns after residents got a temporary court injunction against them.”

But that’s not how the country’s government sees it. After first going into hiding while issuing snarky communiques about the “unacceptable views” of Freedom Convoy protesters opposed to vaccine mandates and lockdowns, Trudeau invoked the Emergencies Act for the first time ever against those he not long ago characterized as a “small fringe minority.”

“The ongoing blockades and occupations are presenting serious challenges to law enforcement’s ability to effectively enforce the law,” Trudeau announced on February 14. “Because of that, the federal government is invoking the Emergencies Act to supplement provincial and territorial capacity.”

Successor to the War Measures Act invoked by the current prime minister’s father in 1970 against actual terrorists, the Emergencies Act lets the government compel people to render services to the state and regulate public assembly with stiff fines and prison time for noncompliance. A public inquiry is required within 60 days, but Parliament is effectively bypassed. CTV News understandably asked Justice Minister David Lametti why lawmakers were given no say.

Lametti: Yes, legislation is always an option, but how long does legislation take? Particularly in the House where the main opposition party, their main goal is just to frustrate any piece of government legislation of whatever type and in which many people in the opposition actually support—

CTV News: But look, sir. To be fair, frustration with the democratic process in a minority government is not necessarily a justification to use the Emergencies Act. It has to be a crisis. It’s not the frustration of a minority government. I mean, that’s not on the table.

Lametti: We believe, as I have said, that this is a crisis that needs special attention, that there were normative gaps—this is one of them. And in order to attack the foreign funding problem of this occupation, the Emergencies Act allows us to make the declaration immediately and then put the parliamentary scrutiny afterwards.

The Canadian Civil Liberties Association argues that “the federal government has not met the threshold necessary to invoke the Emergencies Act. This law creates a high and clear standard for good reason: the Act allows government to bypass ordinary democratic processes. This standard has not been met.” It adds that “emergency legislation should not be normalized. It threatens our democracy and our civil liberties.”

But, as Lametti implied, going after funding is central to the Canadian government’s motivation. 

“This is about following the money,” Deputy Prime Minister Chrystia Freeland specified. “This is about stopping the financing of these illegal blockades. We are today serving notice: if your truck is being used in these protests, your corporate accounts will be frozen.”

The specifics of the government order “require any financial service provider to determine whether they have in their possession or control property that belongs to a person who participates in the” protests. Bloomberg reports that financial institutions suspecting they serve demonstrators “must freeze their accounts and report it to the Royal Canadian Mounted Police or Canada’s intelligence service.” The Canadian government acted after supporters in Canada, the United States, and elsewhere sent money to protesters through crowdfunding platforms and via cryptocurrencies such as bitcoin to keep them going. Interestingly, officials are openly frustrated that crypto evades the control they exercise over banks and payment platforms, but it’s not obvious that there’s much they can do.

“What I see is the biggest gap in crypto is self-custody, pure peer-to-peer. Because how would you get reporting on that?” Ryan Clements, chair in business law and regulation at the University of Calgary, told the National Post. “You would effectively need to regulate Bitcoin to be able to do that.”

“The whole purpose originally, of Bitcoin and analogues to Bitcoin was to dis-intermediate. And Fintrac [Canada’s financial intelligence agency] rules apply to intermediaries,” he added. “What happens when there are no intermediaries? It is literally the equivalent of handing cash.”

“Bitcoin’s fundamental value proposition is seizure resistance,” entrepreneur and venture capitalist Balaji Srinivasan succinctly observed. “As important in Canada as it is in Venezuela.”

Srinivasan’s comparison of Canada to totalitarian Venezuela may be more apt than Canadians like. Trudeau got into trouble in 2013 for praising the ability of China’s “basic dictatorship” to act quickly, as he now can under the Emergencies Act. He may have inherited the sentiment from his father, Pierre Trudeau, who not only invoked the War Measures Act, but openly admired thugs such as Fidel Castro.

“We see evidence of the Trudeau family’s long love affair with the world’s autocrats and tyrants,” Mark Mike noted in a 2018 Maclean’s magazine piece.

This is hardly a unique sentiment among politicians in democracies; America’s last president had a soft spot for rulers of open-air prison camps. People everywhere should take such hints at face value as warnings that the creatures they elect have little patience for the process that puts them in office.

That doesn’t mean Canada is likely to slide into explicit authoritarianism anytime soon. The Freedom Convoy evidences a taste for liberty, and even the many Canadians unhappy with the protest are unlikely to easily surrender elections and the right to criticize officialdom. But the current government’s excesses suggest that a liberal society is a fragile thing. Those hoping to exercise their liberty in the years to come might want to get more comfortable with keeping assets beyond the state’s reach and using cash, crypto, and other means of exchange that officials can’t control.

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Impeachment: American Crime Story


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Impeachment, the third season of TV megaproducer Ryan Murphy’s American Crime Story anthology series on FX, premiered within two years of two real-life presidential impeachments.

The show details the 1990s events leading to Bill Clinton’s impeachment. The cast is populated with a combination of Murphy’s regular collaborators (Sarah Paulson, Judith Light) and oft-distracting stunt casting (Edie Falco as Hillary Clinton, Cobie Smulders as an eerily pitch-perfect Ann Coulter). The real Monica Lewinsky serves as a producer.

Paulson portrays a complex Linda Tripp, simultaneously pitiable yet unsympathetic: bitter and lonely, plagued by paranoia and delusions of grandeur. But Tripp, who struggles to connect with her own children, forms a seemingly genuine maternal bond with Lewinsky (Beanie Feldstein)—ultimately betraying her friend not out of malice but from a sense of motherly duty.

Bill Clinton (Clive Owen doing a remarkably serviceable Southern drawl) might remind a viewer in 2021 of a more recent president facing impeachment. As lawsuits and investigations assail him, Clinton lashes out: “I keep getting sidetracked by this fucking witch hunt!” and “They’re trying to use the legal system to overturn an election!”

Though he was a vocal Hillary supporter, Murphy’s take on the Clinton impeachment has a bipartisan message: Power corrupts, and to those who possess it, any threat to that power feels illegitimate.

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Amazon Fresh


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I walked into the heart of surveillance capitalism and left with a pre-packaged sandwich for lunch.

That about sums up my experience at the Amazon Fresh grocery store in downtown Washington, D.C. The company made famous for bringing goods to your door is now expanding its presence into traditional brick-and-mortar spaces—but with a nontraditional tech twist. D.C.’s Amazon Fresh store has no cash registers or cashiers. A shopper must scan a QR code linked to an Amazon account at a turnstile to enter. Cameras synced to Amazon’s Just Walk Out technology track what items you remove from shelves as you browse. When you do “just walk out,” this technology totals up the cost of the items you took, charges your Amazon account, and sends you an emailed receipt.

It’s pretty seamless and convenient. But not everyone approves. For some, Amazon Fresh has provoked anxiety for the inevitable corporate panopticon dystopia it signals. Each bag of chips you pick up or avocado you prod for ripeness emits little bits of data that Amazon hoovers up and stores away in its digital vaults. One can’t precisely know what that data will be used for or by whom. Still, mass use of credit and store club cards show most Americans have already surrendered in the war for grocery privacy.

I’ll personally take Amazon’s model over D.C.’s other grocery stores, where a uniformed security guard reminds you to wear a mask as you wait for cashiers to individually inspect the items in your cart.

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70 Over 70


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Interviewing a list of 70 people over the age of 70 makes a lot more sense than the more common “30 Under 30” or “40 Under 40” lists. For his 70 Over 70 podcast, which wrapped in December, host Max Linsky talked with a variety of older people, not just about their pasts, but about their perceptions of the present.

Among politicians, former Democratic Massachusetts Rep. Barney Frank is an unsurprising star. He brings a zen-like acknowledgement of his own failings and realistic optimism that younger wielders of power would do well to emulate. (Guests Madeleine Albright and Anthony Fauci both fall notably short of that standard.)

Other highlights include former All My Children soap star Susan Lucci, who exudes contentment, and actress Judith Light, who immediately seized control from Linsky, rescuing listeners from his slight tendency toward ponderous solemnity.

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Brickbat: What Have We Here?


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Lee County, Florida, Sheriff’s Deputy Niko Irizarry has been charged with felony official misconduct after the sheriff’s office said he conspired with two other men to plant drugs on a fourth individual. The two men planted drugs in the victim’s car, then alerted Irizarry where the victim was driving so that the deputy could stop the car. The sheriff’s office said that Irizarry did this as a favor to a friend, but the friend also offered to provide sex and a trip to France for his help.

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Let’s Go Brandon, Fly Your Anti-Biden Flag

From the Order Approving Consent Judgment and Granting Stipulation of Dismissal in Adams v. Miller, signed yesterday by Judge James Patrick Hanlon (S.D. Ind.):

This case involves Brandon Adams’s First Amendment challenge to the enforcement of a City of Kokomo ordinance regulating the content of signs. City officials sent Mr. Adams notices ordering him to take down a flag displayed on his property, but Mr. Adams refused to do so. Mr. Adams then filed a motion for preliminary injunctive relief. Before the Court ruled on that motion, the parties reached an agreement to maintain the status quo and then to agreed terms of dismissal of the case. In this order, the Court approves the parties’ stipulated dismissal of the case….

Plaintiff Brandon Adams alleged that Mark Miller, Greg Sheline, Tyler O. Moore, Bob Cameron, and the City of Kokomo (“Defendants”) violated his right to freedom of speech under the First Amendment to the United States Constitution. Specifically, Mr. Adams alleged that after he hung a flag containing a political message from the side of his home, Defendants ordered him to take it down. As legal authority supporting the demand, Defendants cited a city ordinance that prohibits “signs which contain statements, words, or pictures of an obscene, indecent, or immoral character.”

The parties agreed to maintain the status quo, and later filed a Stipulation of Agreed Entry stating that “[t]he City of Kokomo will take no further action against Mr. Adams relating to the flag on his property that says, ‘Fuck Biden and fuck you for voting for him.'” The Agreed Entry further states:

Consistent with the United States Supreme Court decision in Cohen v. California, 403 U.S. 15, 18 (1971), the City lacks the power to punish or take any legal action against Adams or any other person for the content of the message on a flag that says, “Fuck Biden and fuck you for voting for him.” So long as there is no showing of an intent to incite disobedience or disruption the First and Fourteenth Amendments prohibit the City from punishing, in any way, Mr. Adams or any other person for displaying such a flag….

A consent decree is “a court order that embodies the terms agreed upon by the parties as a compromise to litigation.” A “consent decree proposed by the parties must (1) ‘spring from and serve to resolve a dispute within the court’s subject matter jurisdiction’; (2) ‘com[e] within the general scope of the case made by the pleadings’; and (3) ‘further the objectives of the law upon which the complaint was based.'”

Here, based on its substance and context, the Court construes the Agreed Entry, dkt. 37, as a proposed Consent Judgment. The Court finds that the proposed Consent Judgment satisfies each of the Local No. 93 factors. First, Mr. Adams’s complaint alleging an impending First Amendment violation comes within the Court’s subject matter jurisdiction. Second, the Consent Judgment’s remedies—prohibiting Defendants from enforcing the sign ordinance against Mr. Adams—come with the scope of the case. Third, the Consent Judgment will further the objectives of the First Amendment by allowing Mr. Adams to continue to express his political beliefs without fear of prosecution under the sign ordinance.

The Court next considers whether the proposed Consent Judgment is “lawful, fair, reasonable, and adequate.” … [It is.] It is narrowly tailored to prohibit Defendants from enforcing the sign ordinance against Mr. Adams or any other individual displaying a flag identical to the one displayed by Mr. Adams. Both parties have been represented by counsel throughout the proceedings and agree to the Consent Judgment. And although the Consent Judgment was filed early in the litigation, the record gives no indication that greater discovery would aid in the resolution of this case….

I think the City was wise to settle, because the ordinance is content-based (even if viewpoint-neutral) and clearly unconstitutional, precisely because of Cohen v. California (which held that the First Amendment generally protects vulgarities, such as Cohen’s “Fuck the Draft” jacket).

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Pamela Moses ‘Requested a Jury Trial.’ So She Got 6 Years in Prison.


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A Tennessee woman was sentenced last month to six years and one day in prison for illegally registering to vote while on probation. Given the nature of the offense, that punishment has been widely characterized as unnecessarily harsh by activists, advocacy groups, and the prosecutor who sought it.

One of these things is not like the other. But while Shelby County District Attorney Amy Weirich agrees that prison term isn’t proportional to the offense, she says it is justified for a different reason: the defendant, Pamela Moses, insisted on going to trial.

“I gave her a chance to plead to a misdemeanor with no prison time,” Weirich said in a statement. “She requested a jury trial instead. She set this unfortunate result in motion and a jury of her peers heard the evidence and convicted her.”

Six years of freedom is quite the steep price to pay for exercising a constitutional right.

In September 2019, Moses—who lost her right to vote after a 2015 conviction—requested that the corrections department approve a certificate to restore those rights, which would require the agency to confirm she had completed her probation. An officer did so and signed off.

Yet Moses’ voting rights could not be restored, because the officer was wrong: Her probation wouldn’t be complete until April 2022—something a judge had recently ruled on, and which the state contends Moses was well aware of prior to turning in the form.

“The narrative is that this was a voting mistake,” says Larry Buser, who does research, development, and special projects for the Shelby County District Attorney’s Office. “That’s not what happened.” Though Moses argued it was an honest error—after all, a corrections officer signed off on her form—a jury didn’t buy it. “Defense counsel argued that the negligence of the probation officer in relying on the Defendant’s statements and his incomplete search of her records somehow excused the Defendant from her fraudulent conduct,” wrote Judge W. Mark Ward in his sentencing memo. “This argument does not establish a defense under the law. It is tantamount to an argument that a person who obtains money from a bank by posing as another person is not criminally responsible because the bank should have discovered the fraud and not given money to the thief.”

Moses maintains she was genuinely ill-informed. “She is right in every form, fashion to believe…that her sentence has expired, because they are the keepers’ of her record,” says Bede Anyanwu, Moses’ attorney. “Anybody faulting her should go and examine his or her brain.”

But whether or not Moses is guilty isn’t a topic I’m interested in litigating. I’m more interested in the admission from DA Weirich, who, guilt or innocence aside, has acknowledged that the lengthy prison stay Moses will have is an “unfortunate result” of a defendant wanting a jury to hear her case.

Weirich’s statement came in response to a segment on Rachel Maddow’s MSNBC show. During that slot, the host compared Moses’ case to four other voter fraud cases centered around white Republican men who usurped dead relatives’ identities to vote for former President Donald Trump; three received probation, while the fourth served three days in jail. That’s evocative of “two justice systems,” said Maddow.

In other words, Weirich’s statement was meant to rebut those claims: Moses, too, could have taken advantage of a good deal should she have wanted to. Yet that’s not necessarily the strong argument Weirich thinks it is, says Carissa Byrne Hessick, a professor of law at UNC Chapel Hill and author of Punishment Without Trial: Why Plea Bargaining Is a Bad Deal. “What’s stunning to me is that there is just no recognition by people inside the criminal justice system,” she tells me, “that sending someone to prison for six years for exercising their constitutional right isn’t equally problematic and disturbing.”

Jury trials are unpredictable, time-consuming, and expensive, which explains why the government now resolves about 97 percent of cases with plea bargains. Those bargaining tactics can be coercive, aptly demonstrated by Weirich’s statement: Defendants are told time and time again that, should they insist on inconveniencing the government with a trial, they’ll pay for it with their liberty.

It’s “utterly typical and common,” says Ken White, a partner at Brown White & Osborn LLP and the man behind the popular “Popehat” Twitter account. “Prosecutors have vast power to make decisions about who gets offered what deal, and, as a result, can put people in a position where they’re choosing between admitting to something they didn’t do, or giving up defenses and facing a much longer sentence.”

That an innocent person would willingly plead guilty to a crime they didn’t commit may sound nonsensical. It sounds less so, however, when considering the choice before them: Plead guilty and minimize damage, or go to trial and risk years off your life.

Such was the crossroads in front of Levonta Barker, for instance, an Arizona man who received a 7.5-year plea deal for aggravated assault and kidnapping. The Maricopa County Attorney’s Office threatened him with a “substantially harsher” punishment if he even wanted to see the evidence against him. But there was no evidence against him, because he was innocent. His attorney ultimately pointed out that, per police reports, Barker was wearing a different outfit than the one the perpetrator was seen in—something the government had not bothered to verify. He spent a month in jail before he was released.

Not everyone is so fortunate, if you can call it that. “I do this all the time. I see people accepting…pleas on charges they did not commit,” says Anyanwu. “And that is very, very disheartening.”

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“Let Me Kidnap Your Daughter and See If You Don’t Get Angry” = Punishable Threat Against Judge

From People v. Brown, decided today by the Colorado Court of Appeals, in an opinion by Judge James Casebolt, joined by Judge David Furman (over a dissent by Judge Lino Lipinsky):

When does a statement by an irate and angry respondent parent in a dependency and neglect (D&N) case rise to the level of a “credible threat” that may be punished under section 18-8-615, [Colo. Rev. Stat.] 2021, which proscribes retaliation against a judge?

In this case, Adrian Jeremiah Brown appeals the judgment of conviction entered on a jury verdict finding him guilty of violating that provision when, after being told by the D&N judge that he must undergo a domestic violence evaluation or anger management therapy, he stated, “Let me kidnap your daughter and see if you don’t get angry. As a matter of fact, where do you live, Your Honor? Let’s see if we can get this all resolved. See if you would be angry.”

We conclude that this statement, when coupled with other circumstances detailed below, was not constitutionally protected and constitutes a “true threat” under the recent Colorado Supreme Court case of People in Interest of R.D., 2020 CO 44. We thus affirm Brown’s conviction….

The opinions are long and detailed, and can be read here.

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