ALEC Urges State to Reform Drug-Free School Zone Laws

The American Legislative Exchange Council (ALEC), a conservative, pro-business organization that drafts model bills for state legislatures, passed a resolution Friday urging states to reform their drug-free school zone laws.

The conservative group is the latest in a growing bipartisan chorus opposing punitive drug-free school zone laws, which exist in all 50 states and the District of Columbia.

“Most Drug-Free Zone laws were established decades ago,” the resolution says, “but have not been reformed despite evidence that Drug-Free Zones are arbitrary and often unnecessarily broad, are ineffective at deterring drug- related crime, and create significant unintended consequences, including unwarranted disparate impacts on minority defendants.”

That’s exactly what a December Reason investigation into Tennessee’s Drug-Free School Zone Act found.

Tennessee’s drug-free school zones extend 1,000 feet from the real property of every school, library, park, and daycare in the state. Using GIS data obtained from the state, Reason found there were 8,544 separate drug-free zones in Tennessee, amounting to 5 percent of the overall area of the state and 26 percent of urban areas.

Those enhanced sentencing zones were rarely, if ever, used to prosecute drug crimes involving children, according to interviews with prosecutors and defense attorneys. But they did result in first-time and low-level drug offenders receiving longer prison sentences than if they had been found guilty of second-degree murder or rape. Sentencing data also showed wide racial disparities in who received drug-free school zone sentences, with blacks making up 69 percent of all current inmates serving time for violations of the act, despite only making up 17 percent of the state population.

The zones, which tend to cluster in low-income and minority neighborhoods, also give prosecutors immense leverage to squeeze plea deals out of defendants.

Several states have passed reforms to their laws over the past decade, shrinking the size and number of zones. The Tennessee legislature is considering a similar reform this year to shrink its zones from 1,000 feet to 500 feet. A bipartisan group of civil liberties and criminal justice organizations are supporting the bill, such as Families Against Mandatory Minimums (FAMM).

“Conservative lawmakers recognize that drug-free school zone laws have proven to be a costly failure,” FAMM president Kevin Ring said in a statement on the ALEC resolution. “These laws stick low-level offenders with long sentences even when no children are involved and, as a result, they waste resources that could be better spent on more serious offenders.”

One of those offenders is Calvin Bryant, a 32-year-old Tennesse inmate serving a 17-year sentence for selling pills to a police informant. Bryant was charged in 2009 with an enhanced school-zone sentence because the housing project he lived in happened to be within 1,000 feet of a school. He was a first-time offender.

As Reason reported, Tennessee attorney Daniel Horwitz filed an Eighth Amendment petition on behalf of Bryant in November challenging his sentence as grossly disproportionate to his crime

This week, a Tennessee state judge rejected Bryant’s petition, while also writing that it “also feels it necessary to note that in spite of this finding, the Court agrees with the basic argument of his petition—that his sentence can be viewed as harsh.”

“While not ignoring the important policy rationale that led the Tennessee legislature to pass the Act,” the judge continued, “the fact remains that in certain situations, such as with the Petitioner, a strict interpretation and enforcement of the Act can lead to sentences that courts and and some members of the community would be hard-pressed to describe as fair.”


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Nutella Riots Spread Across France Following Steep Discounts

The hazelnut spread Nutella nearly triggered a wave of riots across France this week when Intermarche supermarkets offered a 70% on the popular product, lowering the price of a jar from 4.50 euros to 1.40 euros.

 

Nutella

In some cases, police were called when people began pushing and fighting one another trying to get their hands on as many containers as they could carry, the BBC reported.

“They are like animals. A woman had her hair pulled, an elderly lady took a box on her head, another had a bloody hand,” one customer told French media.

A member of staff at one Intermarché shop in central France told the regional newspaper Le Progrès: “We were trying to get in between the customers but they were pushing us.”

All of that supermarket’s stock of Nutella was gone within 15 minutes, while one customer left with a black eye. Similar scenes have been reported across France, with some being described by authorities as “riots.”

 

 

The hunt for discounted jars continued on Friday, with a supermarket near Toulouse rationing one jar per customer.

Nutella was created by the Ferrero family in the 1940s in the Piedmont region of Italy, which is famed for its hazelnuts.

Intermarche said it regretted the violence it had inadvertently caused, saying the discount had been decided at the corporate level.

If nothing else, the phenomenon has been a valuable source of free advertising for the brand…

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Trump to Rescind Obama E.O. Shutting Down Gitmo That Never Went Anywhere

President Trump may soon issue an executive order that would stress his administration’s commitment to keeping Guantanamo Bay open by formally rescinding the executive order former President Barack Obama signed on his first day in office in 2009.

The order may be released ahead of Trump’s State of the Union, scheduled for Tuesday, and could get a mention in the address.

The 2009 order was supposed to lead to the closure of the prison, colloquially known as “Gitmo,” but the Obama administration failed to get around a Congress that passed defense spending authorizations specifically prohibiting such a move.

While the Obama administration declined to press the matter, it did transfer more than 100 detainees away. The Trump administration has refused to sign off on the transfer of any of the remaining 41 detainees.

The prison camp at Guantanamo Bay, established in the wake of 9/11 as a place to indefinitely hold without trial enemy combatants the Bush administration insisted were extremely dangerous, became a symbol of the unconstitutional measures the U.S. was willing to take as part of the war on terror. Obama provided a bipartisan imprimatur for the camp (as he did for much of the rest of the war apparatus) by continuing it largely unchanged.

In a way, the camp is a quaint throwback to a simpler era: Today, the U.S. is more likely to drone bomb a target that once upon a time might have have been apprehended and ended up in Gitmo. So-called “signature strikes” select targets based on the profiling of terrorism suspects rather than identifying them by name. The Obama administration insisted that practice met due process requirements, but civil liberties advocates have rejected that assertion.

The Defense Department, meanwhile, is fighting in court for its right to transfer an unidentified U.S. citizen into the custody of another country outside of U.S. jurisdiction. It had previously vigorously resisted the idea that the detainee, an accused ISIS fighter, had the right to legal representation.

The Trump administration has ramped up the global war on terror it inherited from Obama, removing even those guard rails its predecessors put up or pretended to. Through it all, Congress has been remarkably consistent in its refusal to take any responsibility for its own constitutional role in the war-making process.

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Pat Buchanan Warns Trump: “Beware The Perjury Trap”

Authored by Patrick Buchanan via Buchanan.org,

Asked if he would agree to be interviewed by Robert Mueller’s team, President Donald Trump told the White House press corps, “I would love to do it … as soon as possible. … under oath, absolutely.”

On hearing this, the special counsel’s office must have looked like the Eagles’ locker room after the 38-7 rout of the Vikings put them in the Super Bowl.

If the president’s legal team lets Trump sit for hours answering Mueller’s agents, they should be disbarred for malpractice.

For what Mueller is running here is not, as Trump suggests, a “witch hunt.” It is a Trump hunt.

 

After 18 months investigating Trumpian “collusion” with Putin’s Russia in hacking the DNC’s and John Podesta’s emails, the FBI has hit a stone wall. Failing to get Trump for collusion, the fallback position is to charge him with obstruction of justice. As a good prosecutor can get a grand jury to indict a ham sandwich, the tactic is understandable.

Mueller’s problem: He has no perjury charge to go with it. And the heart of his obstruction case, Trump’s firing of FBI Director James Comey, is starting to look like something Trump should have done sooner.

Consider what is now known of how Comey and the FBI set about ensuring Hillary Clinton would not be indicted for using a private email server to transmit national security secrets.

The first draft of Comey’s statement calling for no indictment was prepared before 17 witnesses, and Hillary, were even interviewed.

Comey’s initial draft charged Clinton with “gross negligence,” the requirement for indictment. But his team softened that charge in subsequent drafts to read, “extreme carelessness.”

Attorney General Loretta Lynch, among others, appears to have known in advance an exoneration of Clinton was baked in the cake. Yet Comey testified otherwise.

Also edited out of Comey’s statement was that Hillary, while abroad, communicated with then-President Obama, who had to see that her message came through a private server. Yet Obama told the nation he only learned Hillary had been using a private server at the same time the public did.

A trial of Hillary would have meant Obama in the witness chair being asked, “What did you know, sir, and when did you know it?”

More information has also been unearthed about FBI collusion with British spy Christopher Steele, who worked up — for Fusion GPS, the dirt-divers of the Clinton campaign — the Steele dossier detailing Trump’s ties to Russia and alleged frolics with prostitutes in a Moscow hotel.

While the Steele dossier was shopped around town to the media, which, unable to substantiate its lurid and sensational charges, declined to publish them, Comey’s FBI went all in.

Not only did the Steele dossier apparently trigger a wider FBI investigation of the Trump campaign, it served as the basis of FBI requests for FISA court warrants to put on Trump the kind of full-court press J. Edgar Hoover put on Dr. King for the Kennedys and LBJ.

Amazing. Oppo-research dirt, unsourced and unsubstantiated, dredged up by a foreign spy with Kremlin contacts, is utilized by our FBI to potentially propel an investigation to destroy a major U.S. presidential candidate. And the Beltway media regard it as a distraction.

An aggressive Republican Party on the Hill, however, has forced the FBI to cough up documents that are casting the work of Comey’s cohorts in an ever more partisan and sinister light.

This cabal appears to have set goals of protecting Obama, clearing Hillary, defeating Trump, and bringing down the new president the people had elected, before he had even taken his oath.

Not exactly normal business for our legendary FBI.

What have these people done to the reputation of their agency when congressmen not given to intemperate speech are using words like “criminal,” “conspiracy,” “corruption” and “coup” to describe what they are discovering went on in the FBI executive chambers?

Bob Mueller, who inherited this investigation, is sitting on an IED because of what went on before he got there. Mueller needs to file his charges before his own investigation becomes the subject of a Justice Department investigation by a special counsel.

As for Trump, he should not sit for any extended interview by FBI agents whose questions will be crafted by prosecutors to steer our disputatious president into challenging or contradicting the sworn testimony of other witnesses.

This a perjury trap.

Let the special counsel submit his questions in writing, and let Trump submit his answers in writing.

At bottom, this is a political issue, an issue of power, an issue of whether the Trump revolution will be dethroned by the deep state it was sent to this capital to corral and contain.

If Trump is guilty of attempted obstruction, it appears to be not of justice, but obstruction of an injustice being perpetrated against him.

Trump should be in no hurry to respond to Mueller, for time no longer appears to be on Mueller’s side.

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The Nativist Plan to Criminalize Dreamers: New at Reason

Trump’s alleged immigration fix hasn’t just outraged Democrats and many libertarians. Even nativists are slamming it because, as far as they are concerned, itCandle light vigil does not go far enough. The uproar from all quarters is so loud that the White House has cancelled its planned Monday briefing of lawmakers.

The Trump plan would give 1.8 million an eventual path to citizenship in exchange for deporting their parents now. Nativists, however, don’t want to give any permanent relief to even Dreamers. They want to treat them like prisoners on parole, not hardworking, gainfully employed, tax-paying Americans, explains Cato Institute’s David Bier.

View this article.

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Trump Successfully Infuriates Both Republicans And Democrats With “Dreamer” Proposal

Just one day after the White House reversed its position on naturalizing young illegal immigrants, unveiling a proposal late on Thursday to double the number of Dreamers the US would accept in exchange for billions in Wall funding, President Trump said on Friday that Republican senators – even those who have taken a tough approach to immigration such as Tom Cotton, John Cornyn and David Perdue – could agree to the unexpected proposal to offer citizenship within 10 to 12 years to so-called “Dreamers.”

“They’ve really shifted a lot, and I think they’re willing to shift more, and so am I,” the Republican president told CNBC in an interview from Davos. “We’re going to see. If we make the right deal, I think they will.”

The problem is that while a handful of republicans were happy with Trump’s plan, many more were not even as the elephant in the room – or rather the donkey – remained the democrats. As we said yesterday, the fate of Trump’s proposal – and by extension whether or not the government is shut down again on February 8 should  there be no immigration deal – “depends on the Democrats’ response which is yet to come.”

And, as it turns out, early indications are not looking good, because as The Hill reports, Trump’s immigration plan has slammed into heavy opposition on and off Capitol Hill, suggesting the much-anticipated framework has failed to move the needle as a bipartisan group of senators try to negotiate a deal.

While Trump is hoping the Senate will draft legislation based on his blueprint (it can be seen here)and introduce it by Feb. 5, just three days before funding for the government runs out, the day-old plan is already taking heavy fire from both the right and the left.

In some ways, it may now be even worse than before: for the bipartisan gang of 20 senators trying to hammer out an agreement to protect the “Dreamers,” it’s clear the Trump outline — intended as an olive branch to Democrats — gets them no closer to a deal. One of the key negotiators of the group, Senate Minority Whip Dick Durbin (D-Ill.), warned that Trump’s plan places the White House’s “hardline immigration agenda … on the backs of these young people.

Charles Schumer, the Senate Minority Leader who will need to sign off on any deal for the Deferred Action for Childhood Arrivals (DACA) to pass the upper chamber, echoed those sentiments on Twitter on Friday. Trump is using DACA recipients as “a tool to tear apart our legal immigration system and adopt the wish list that anti-immigration hardliners have advocated for for years,” he wrote.

What is more surprising is how much pushback the Trump plan got from his own party.

In all, while Trump’s plan did get an endorsement from a pair of key conservatives, i.e., David Perdue and Tom Cotton, for the most part conservative outside groups, members of the House Freedom Caucus and other vocal immigration hard-liners all panned the White House plan, saying providing a path to citizenship for 1.8 million “Dreamers” amounted to “mass amnesty” for law breakers.

“Illegals have No Right to be here & have ALL violated our laws. This #Amnesty deal negotiates away American Sovereignty,” Rep. Steve King (R-Iowa), an immigration hawk, tweeted Friday.

Roy Beck, president of NumbersUSA, a group that advocates for reduced immigration, had embraced an immigration proposal by House Judiciary Chairman Bob Goodlatte (R-Va.). That bill includes a path to legalization for nearly 700,000 DACA recipients — the first time since 1986 that NumbersUSA has supported any proposal along those lines.

But the White House proposal goes too far for Beck.

“NumbersUSA has no choice but to oppose what is being suggested as the White House ‘framework’ for a mass amnesty,” Beck said.

The pile up continued:

The outside conservative group Heritage Action described Trump’s plan as a “nonstarter” because it “expands the amnesty-eligible population,” while the head of the Center for Immigration Studies, an immigration restrictionist group, suggested Trump had betrayed the conservative base that had propelled him to the presidency.

“Time to start burning your #MAGA hats. Send pictures and I’ll retweet,” Mark Krikorian tweeted.

And former Freedom Caucus Chairman Jim Jordan (R-Ohio), appearing on Fox News on Friday, said he had “concerns” about the Trump plan.

The Ohio Republican said he favors the Goodlatte bill, which places greater emphasis on border-enforcement measures like mandating that all employers use E-Verify, ending chain migration, also known as family reunification, and cracking down on sanctuary cities.

If there is a “focus on DACA first and then a little pretend security and pretend border wall and pretend chain migration,” Jordan said, “that’s a different animal, and I won’t be for that, and neither will lots of conservatives, more importantly, lots of Americans.”

* * *

Meanwhile, predictably, Democrats threw up all over Trump’s plan. On the other end of the political spectrum, Democratic leaders, liberal groups and pro-immigration advocates accused Trump of holding Dreamers hostage while demanding draconian policies that would greatly curb legal immigration.

The plan calls for a $25 billion trust fund for border security — many times more than what Durbin and Sen. Lindsey Graham (R-S.C.) had entertained in their bipartisan negotiations. It also would scrap the visa lottery system and severely limit family-based immigration, which Republicans call “chain migration.”

Frank Sharry, executive director of America’s Voice, an advocacy group that works closely with progressive members on immigration, said the White House plan “comes nowhere close to finding the sweet spot” for a bipartisan agreement.

“It is a far-right restructuring of our entire immigration system in trying exploit the crisis that was created by Trump ending DACA,” he said.

Greisa Martinez Rosas, a DACA recipient and policy director for United We Dream, a youth network of Dreamer advocates, said Dreamers — even those benefited by the proposal — would not accept its price.

“The immigration proposal presented yesterday by the Trump White House is nothing more than a white supremacist ransom note. A ‘Sophie’s choice’ by an immoral and horrible man whose aim is to wipe immigrant families from this country,” she said.

Like the Goodlatte bill, the White House proposal would cut legal immigration and change the methods by which immigrants are selected. John C. Yang, president and executive director of Asian Americans Advancing Justice, said the proposal “decimates the family immigration system that has made this country so dynamic.”

Democrats, wary of their base’s reaction to the short-lived shutdown, took a similar tone.

“We cannot allow the lives of young people who have done everything right to be used as bargaining chips for sweeping anti-immigrant policies,” said Congressional Hispanic Caucus Chairwoman Rep. Michelle Lujan Grisham (D-N.M.) in a statement.

“The White House is using Dreamers to mask their underlying xenophobic, isolationist, and un-American policies, which will harm millions of immigrants living in the United States and millions of others who want to legally immigrate and contribute to our country,” she said.

* *  *

In short, with one short proposal Trump managed to infuriate both Democrats and Republicans.

And while the White House proposal follows a well-worn formula in immigration negotiations — trading enforcement measures for legalizing blocs of immigrants in the country illegally, Sen. Bob Menendez (D-N.J.) on Thursday warned, before the White House made its proposal public, that Republican enforcement demands were far outweighing their offer in terms of legalizations.

“It’s not reasonable to say that for a group of 700,000-800,000 students in this country, to ask what was negotiated for comprehensive immigration reform,” he said.

Finally, with the White House unlikely to move much on its original proposal, Trump’s gambit is that the Democrat will cave entirely lest they be blamed for the next government shutdown in exactly two weeks. The problem is that Schumer won’t agree to a capitulation, and the most likely outcome is another government shutdown, only this time with no possibility of an olive branch, it will extend deep into February if not March.

Which is a problem, because as we discussed last week, should the shutdown extend into the debt ceiling X-Date period, expected to hit around mid-March, then not only are all bets off, but a US technical default suddenly looks especially likely.

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Is Immortality Gendered?

ManClinicAlbertoHidalgoDreamstime“Some billionaires, already invincible in every other way, have decided that they also deserve not to die,” snarks Dara Horn in her op-ed, “The Men Who Want to Live Forever,” at The New York Times. “Today several biotech companies, fueled by Silicon Valley fortunes, are devoted to ‘life extension’ — or as some put it, to solving ‘the problem of death.'”

Horn is the author of the novel Eternal Life, in which her protagonist, a 2,000-year-old woman who can’t die, has evidently come to the profound conclusion that human life without the constraint of always impending death is ultimately meaningless.

While acknowledging that some women might be interested in availing themselves of anti-aging therapies, Horn argues in her op-ed that the pursuit of eternal youth is a peculiarly male aspiration. “Of all the slightly creepy aspects to this trend,” she observes, “the strangest is the least noticed: The people publicly championing life extension are mainly men.”*

Horn links the male pursuit of everlasting life to men’s solipsistic sense of invincibility. An outgrowth of that, she thinks, is that such men feel entitled to treat “young women’s bodies as theirs for the taking.”

Her larger contention is that women learn through rearing children and taking care of the sick and elderly the real limitations and infirmities to which all human bodies are subject. “For nearly as long as there have been humans, being a female human has meant a daily nonoptional immersion in the fragility of human life and the endless effort required to sustain it,” Horn writes. Her upshot is that responding to the needs and demands of others leaves women little time or energy for self-involvement. Maybe so.

Still, Horn does recognize that research aimed at “solving death” might “inspire the self-absorbed to invest in unsexy work like Alzheimer’s research. If so, we may all one day bless the inane death-defiance as a means to a worthy end.” Yes, we might well. And for what it’s worth, Alzheimer’s research seems plenty sexy to me.

Horn concludes by suggesting that “men who hope to live forever might pause on their eternal journey to consider the frightening void at invincibility’s core. Death is the ultimate vulnerability. It is the moment when all of us must confront exactly what so many women have known all too well: You are a body, only a body, and nothing more.”

The truly frightening fact is that no human body—female or male—is invincible. Developing therapies that slow and even reverse physical and mental aging will be a tremendous boon for everyone, regardless of sex. There is nothing inane about the quest to liberate humanity from the immemorial curses of disease, disability, and early death. Everyone should get to decide that they deserve not to die.

*Disclosure: I am one of them.

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Weekend Reading: What Could Possibly Go Wrong?

Authored by Lance Roberts via RealInvestmentAdvice.com,

What goes up, eventually comes down.

That is just reality.

The bull market that began in 2009, has now entered the final stage of “capitulation” as investors throw caution to the wind and charge headlong into the markets with reckless regard for the consequences.

Of course, it isn’t surprising given the massive amounts of liquidity continually injected into the financial markets and global Central Banks have now figured out that continually rising financial markets solve much of the world’s ills. Simply, with enough liquidity, you can cover up bad (credit risks) by guaranteeing holders they will never default.

It’s genius.  It’s a “no lose” investment scheme.

Unfortunately, we have seen this repeatedly in the past.

In the 1980’s it was “Portfolio Insurance” – a “no lose” investment program that eventually erupted into the crash of 1987. But not before the market went into a parabolic advance first.

In the 1990’s – it was the dot.com phenomenon which was “obviously” a “no lose” proposition. Even after Alan Greenspan spoke of “irrational exuberance,” two years later the market went parabolic once again.

Then in 2006-2007, banks invented the CDO-squared, a collateralized derivative obligation based on other collateralized derivative obligations. It was a genius way to invest with “no risk” because the real estate market had never crashed in history.

Today, it is once again an absolute “certainty” that markets will rise from here as global Central Banks have it all under control.

What possibly could go wrong?

Here is your weekend reading list.


Economy & Fed


Markets



Cryptocurrency Mania


Research / Interesting Reads


“Strategy without tactics is the longest path to victory; tactics without strategy is the noise before defeat.” – Sun Tzu, The Art of War

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New at Reason: Ursula Le Guin and the Libertarians

The science fiction and fantasy writer Ursula K. Le Guin died this week at age 88. Her psychologically complex characters and gorgeous depictions of social and political dynamics influenced many writers, from Salman Rushdie to Margaret Atwood. But libertarians have a particular reason to be interested in her work: her 1974 novel about a stateless society, The Dispossessed. Victoria Varga explains what made the book great—and why some libertarians nonetheless had trouble accepting it.

View this article.

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Trump Makes Nice at Davos, Airplane Tariffs are Struck Down, and Robots Take More of our Motorcycle Racing Jobs: P.M. Links

  • Trump at DavosTrump strikes a conciliatory posture at Davos.
  • U.S. trade panel surprisingly strikes down 300 percent Trump Administration tariff on Bombardier jets.
  • Robots are taking all our motorcycle racing jobs.
  • Hillary Clinton declined to fire a 2008 campaign advisor after sexual harassment allegations were made against him.
  • California Gov. Jerry Brown makes more promises about electric cars.

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