Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption

“Even in cases that hinged on the trustworthiness of demonstrably untrustworthy cops, The Houston Chronicle reports, prosecutors so far have chosen to keep nearly all of the property seized from defendants. That striking contradiction illustrates the lax rules governing civil asset forfeiture, which allows police and prosecutors to pad their budgets by confiscating allegedly crime-tainted property.
The Chronicle identified “three dozen instances in recent years in which an indicted member of the Squad 15 narcotics unit swore to the facts used to justify a search leading to a cash or vehicle confiscation.” The loot, collected over a five-year period, included about $75,000 in cash and several cars. “Records show some or all of the money confiscated during the busts was returned in five cases,” the Chronicle reports, “typically after defendants hired lawyers to challenge the forfeitures.” But the county has kept the rest of the money and the cars, even though prosecutors consider the evidence that led to the seizures unreliable because it was offered by cops with a record of making stuff up.”

Lawsuits Keep Rolling Back Unconstitutional Vegan ‘Meat’ Bans

“Ultimately, the basis of such laws can be tied to simple and pure protectionism. Indeed, the protectionist urge is strong, historically, among the powerful producers of animal products—including meat and dairy. For example, as I’ve discussed in my book Biting the Hands that Feed Us: How Fewer, Smarter Laws Would Make Our Food System More Sustainable and elsewhere, rent-seeking dairy interests have, over generations, leaned on lawmakers to force competitors to change the name and even the appearance of their foods. In Wisconsin, the state long forced makers of margarine—who compete with the dairy state’s butter makers—to color their products pink. In New York, the state forced makers of non-dairy creamers to label those foods as “melloream”—whatever the hell that is.
Notably, though, this type of protectionism isn’t wholly limited to meat-industry-led attacks on vegan competitors. As I explained in a 2019 column, Arkansas has sought to protect its dominant rice industry against competition from makers of riced cauliflower (a law I characterized at the time as “veg-on-veg crime”).

The single most important fact to remember about these laws is that they seek to undermine the First Amendment to prop up sales for certain elements of the food industry. That’s as unconstitutional as it is unwise. Such laws don’t’ serve the interests of consumers. After all, neither your hypothetical cousin’s boyfriend nor your uncle was confused in the least by the differences between Tofurky and turkey. Indeed, it was those differences that drew them to choose those respective favored foods in the first place.”

Buy American Falls Short on U.S. EV Production and Risks a European Trade War

“The Buy American program created by the Inflation Reduction Act gives Americans tax credits for purchasing electric vehicles (EVs) manufactured in the United States, Canada, or Mexico. However, these tax credits will not only be paid for by taxpayer dollars, they also stand to ignite a trade war with the European Union.
The majority of EVs are manufactured in China, followed by Germany and the United States. Regarding the minerals used in lithium batteries, the U.S. is at a disadvantage. In 2020, the U.S. ranked 15th in supplying battery materials, with the top three countries being China, Australia, and Brazil. The International Energy Agency notes that “the top three producing nations control well over three-quarters of global output.” Biden’s corporate welfare policy requires batteries to derive 40 percent of their mineral components from a mine in the U.S. or a country with which the U.S. has a free trade agreement. However, only five countries among the top 25 producers of minerals used in EV batteries have a free trade agreement with the U.S.

The U.S. could conceivably increase its mineral output with regulatory reform, says Scott Lincicome, director of general economics and trade policy at the Cato Institute. “The big problem is on the regulatory side, particularly on the permitting side of state-level equivalents….this makes mining and processing rare-earth materials here very difficult.”

The Buy American program also risks trade conflicts. E.U. French President Emmanuel Macron went so far as to say, “We need a Buy European Act like the Americans. We need to reserve [our subsidies] for our European manufacturers.” With the U.S. and Europe trending towards protectionism, Lincicome says restrictions will inherently “reduce adoption and consumption of whatever is targeted.”

Another fear that comes with protectionism is the retaliatory environment it creates. “Protectionism gets nasty, it gets political, and it spirals, and it’s very difficult to stop the cycle,” says Lincicome. Should a trade war begin over EVs, it could expand to other products, driving up prices.”

Tough-on-Crime Cash Bail Initiatives Win in Ohio and Alabama

“Ohio’s new constitutional amendment will allow judges to set a dollar amount commensurate with a person’s criminal record, the seriousness of their alleged crime, and their odds of appearing at court following pretrial release. The Ohio Senate ushered the initiative forward in direct response to a ruling from the state’s highest court, which said in early January that bail could only be used to ensure a defendant’s presence at trial—the constitutionally prescribed reason for its use.

In Alabama, voters were tasked with deciding if the state should be able to deny bail for certain offenses if the government can convince a judge that the defendant poses a threat to the community or cannot be trusted to return to court. Those offenses include murder; first-degree kidnapping, rape, and sodomy; sexual torture; first-degree domestic violence, human trafficking, burglary, arson, and robbery; terrorism; and child abuse.”

“the debate has become increasingly politicized. Many reformers say that a dangerousness standard is racist, while law-and-order politicians are likely to present any bail reform as a driver of violent crime.
The answer is more nuanced than either major political party would want their base to believe.”

A Judge Accepts the Biden Administration’s Dubious Argument for Banning Gun Possession by Marijuana Users

“President Joe Biden, who recently issued a mass pardon for low-level marijuana offenders, says cannabis consumption should not be treated as a crime. His administration nevertheless defends the federal ban on gun possession by marijuana users, arguing that Second Amendment rights are limited to “law-abiding citizens.”
Last week, a federal judge agreed, dismissing a challenge to that rule by medical marijuana patients in Florida. The reasoning underlying that decision shows that the constitutional right to armed self-defense, which the Supreme Court has repeatedly upheld, is still subject to legislators’ arbitrary whims and irrational prejudices.”

“Winsor noted a long history of banning gun ownership by people convicted of certain crimes. But as Supreme Court Justice Amy Coney Barrett pointed out in a 2019 dissent as a judge on the U.S. Court of Appeals for the 7th Circuit, that history does not suggest that any crime, or even any felony, will do.

“Legislatures have the power to prohibit dangerous people from possessing guns,” Barrett wrote. “But that power extends only to people who are dangerous.”

Are cannabis consumers dangerous? Winsor suggested that they are, accepting the Biden administration’s analogy between the gun ban for marijuana users and laws enacted in the 17th, 18th, and 19th centuries that prohibited people from either carrying or firing guns “while intoxicated.”

That analogy fails, however, because those laws did not impose general bans on gun possession by drinkers. They applied only when gun owners were under the influence.”

Jared Polis’ Success Shows That Democrats Can Win Without Embracing Big Government

“While Colorado was once considered a solid swing state, Polis’ continued success as governor, as well as the state’s other electoral outcomes, have entrenched the state’s Democratic leanings. However, Polis’ popularity shows that Democrats can receive solid victories without relying on the increasing technocratic impulses of the party as a whole. While other Democrats—and increasingly Republicans as well—turn to government to solve problems, Polis has found success by wanting to reduce government power.”

“While other Democratic governors were enacting strict COVID-19 regulations, Polis lifted mask mandates. While other Democrats scoffed at school choice, Polis, the founded of two charter schools, praised polices that increase educational choice. While other Democrats called for wealth taxes, Polis called on an end to Colorado’s income tax.
“I respect freedom,” Polis told Reason in July 2022. “It’s great because you’re free to be the way you want. That’s the way it should be.”

While the Democratic party—not to mention American politics as a whole—is trending towards embracing government control, Jared Polis offers a rare story of a politician that wants to reduce state power. His success offers evidence that an alternative approach, one where Democrats embrace rather than attack personal liberty, can be a wildly successful strategy.”

Can Ukraine’s infrastructure survive the winter?

“The scale of the destruction makes quick repairs impossible. Replacement parts are not often readily available. Energy infrastructure also remains vulnerable: A lot of it is big and out in the open; once hit by a missile and fixed, it can be hit again. “It’s not possible to repair quickly after it’s been damaged,” said Volodymyr Shulmeister, founder of the Infrastructure Council NGO and former first deputy minister of infrastructure of Ukraine from 2014 to 2015. “There were some spare parts, some electric power stations has been repaired, but there will be new problems coming from the air.”
That is on top of all the other destruction Ukraine accumulated in months and months of war: houses and apartment buildings, bridges, roads, railways. There is always collateral damage in conflict, but Russia’s attacks on non-military critical and energy infrastructure are intentional. “This is not a new tactic for Russia,” said John Spencer, a retired Army officer and chair of urban warfare studies at the Madison Policy Forum. “If you think about what they did in Chechnya, and in Syria, to basically bring the civilian population to such despair that they’re willing to capitulate.”

Moscow’s targeting of infrastructure, which some have argued amounts to war crimes, is an effort to undermine Ukraine’s economy and deprive people of essential services — heat, water, electricity — as winter approaches. Russia is struggling against Ukraine’s counteroffensive in the east and south, and so Moscow is trying to extend the war and spread out that pain across Ukraine, not just in war zones. All of it will make Ukraine even more reliant on aid from the West, which is dealing with its own inflation and energy crises. “Russians are actually now acting very cruel, but also in a very well-thought-through way,” said Andriy Kobolyev, former chief executive officer of Ukraine’s largest national oil and gas company Naftogaz.

In areas closer to the fighting, the infrastructure destruction is even more extreme, but also harder to fully assess. Zelenskyy accused Russian troops of destroying “all the critical infrastructure: communications, water, heat, electricity,” before retreating from Kherson last week. In Mykolaiv, in southern Ukraine, Russia cut off the city’s water supply months ago; salt water had run through the taps for months, and potable water is now just being restored. Zelenskyy said in early November, before the latest round of air strikes, that Russian attacks damaged about 40 percent of Ukraine’s energy infrastructure; precise data on how badly and where is hard to get, in part because Ukraine is closely guarding that information as a matter of national security.”