“As Afghanistan’s rural districts, and then its cities, fell in quick succession to the Taliban, official U.S. talking points settled on a common refrain: Afghanistan’s security forces had all the people and equipment they needed to battle the Taliban, and all that was missing was leadership. President Joe Biden has been saying this since mid-July.”
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“”They have modern equipment. They have organizational structure. They have the benefit of the training that we have provided them over 20 years. They have the material, the physical, the tangible advantages; it’s time now to use those advantages … as I’ve said from the beginning, we want to see the will and the political leadership, the military leadership that’s required in the field.”
The following day, the United States began evacuating its embassy in Kabul in preparation for the fall of the country’s last and most important city.”
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“So where was the Afghan leadership that U.S. officials kept saying was the key to stemming the Taliban’s advance? The answer is that it didn’t exist. For years, commanders of the Afghan National Army and National Police — the elements most critical to securing the country — failed to lead, often stealing the salaries and fuel that their forces needed to be effective, and more recently failing to even provide their forces with edible food.
What’s more, the United States government has known — and publicly stated—this fact for years. In an official 2008 assessment of the war, the Pentagon stated that Afghanistan’s government “is hampered by … a lack of sufficient leadership and human capital.” Fast forward to 2020, when the DOD’s most recent assessment acknowledged that “improving the quality of leadership at all echelons remains the most challenging issue” for the country’s security forces.”
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“the U.S. military’s preferred approach to advising foreign militaries centers on rapport, coaching and mentorship. While this focus on developing specific people has produced some impressive individual leaders — such as General Sami Sadat, whom former Afghan President Ashraf Ghani put in charge of the defense of Kabul before fleeing the country — it failed to reliably produce the quantity of high-quality leaders that the Afghan army and police needed to defend the country.
To do that, the United States and its partners would have had to recognize that the absence of leadership in the Afghan security forces was a symptom. The root cause was the lack of sufficient and effective institutions, especially those required for education, training, and the recruitment and management of human capital. Had we invested in these institutions, the army and police would have had the ability to accrue, develop, and retain good leaders. Unfortunately, as DOD’s own budgeting documents and internal assessments of the war revealed, efforts to develop these institutions were under-prioritized and under-resourced relative to investments in tangible items like helicopters and armored vehicles.”
““Is the Taliban takeover of Afghanistan inevitable?”
That’s the question a reporter put to President Joe Biden this week at a press conference on the US’s drawdown in Afghanistan.
“No, it is not,” Biden said, noting that Afghan government troops greatly outnumber the Taliban and are “as well-equipped as any army in the world.”
That may be true, but numbers alone don’t tell the whole story. The Taliban has rapidly expanded its territorial control over the last week and is closing in on the capital, Kabul. On Monday, more than 1,000 Afghan soldiers reportedly fled into neighboring Tajikistan to escape a Taliban advance. A US intelligence assessment has said the Afghan government could fall in six months once US and other international troops leave.
It makes it hard to see a Taliban takeover as anything other than extremely likely”
“Prosecutions for “drug-induced homicide,” which have risen dramatically in recent years, are ostensibly aimed at reducing opioid-related deaths. But as a new investigation by the Pittsburgh Tribune-Review shows, there are good reasons to think they have the opposite effect. Consider the paper’s description of a typical case:
“In one 2019 case, a Westmoreland County man died from an overdose of drugs he’d gotten from a friend of a friend of a friend. Though the drugs ultimately came from a man called “Bee” in Penn Hills, the three individuals between the victim and Bee were all charged with drug delivery resulting in death [DDRD].
One pleaded guilty to drug delivery resulting in death and received a 5- to 10-year prison sentence. Another pleaded guilty to the same charge and was sentenced to a minimum of one year minus one day in jail and a maximum of two years minus one day. The third person is awaiting trial.”
It is hard to believe that such prosecutions of bit players have any impact on the supply of heroin and illicit fentanyl. Furthermore, charging people with homicide when their role in someone’s death was unintentional and incidental or highly attenuated is blatantly unjust. Under Pennsylvania law, Stormie Mauck notes in a 2019 Penn State Law Review article, “drug addicts may face imprisonment of up to 40 years for simply sharing drugs with a friend who overdoses.”
Worse, this strategy makes fatal overdoses more likely by deterring bystanders from seeking medical assistance when it could make a crucial difference.”
“So let’s just get this out of the way: Critical race theory is the idea that structural racism is embedded in many U.S. institutions. Slavery was the reality when the country was founded, and segregation endured for a century following the Civil War. It would thus be naive to assume that supposedly race-neutral policies are actually race-neutral—there’s nothing neutral about America and race. Working from this assumption, adherents of critical race theory tend toward a kind of progressive activism that views post-Enlightenment classical liberalism and its notions of equal opportunity, the prioritization of individual rights over group rights, and colorblindness with hostility.”
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“Savvier liberals are correct, for instance, that CRT, as defined by the people who actually coined the term, mostly exists in academia, not K-12 classrooms. This means that Republican legislative efforts to protect kids from CRT are actually targeting a wide swath of only semi-related progressive concepts. These bills are almost uniformly heavy-handed, and in some cases represent active threats to freedom of expression in the classroom.”
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“anti-CRT folks on the right are correct that there are a whole host of progressive writers, teachers, and activists who were clearly inspired by critical race theory—a field that does in fact include fairly radical ideas, some of which run contrary to the colorblind liberalism of previous racial equality advocacy. Whether or not these people would admit to being adherents of CRT is almost beside the point.
Included in this mix are two of the least persuasive anti-racism writers: White Fragility author Robin DiAngelo and How to Be Antiracist author Ibram X. Kendi, who are routinely paid thousands of dollars to give short presentations to corporate employees, school administrators, and teachers. Both take wildly flawed approaches; DiAngelo treats racism as a kind of incurable infection, or original sin—John McWhorter accurately accused her of promoting the cultish notion that “you will never succeed in the ‘work’ she demands of you…it is lifelong, and you will die a racist just as you will die a sinner.”
Kendi’s big idea is to create a U.S. Department of Antiracism. “The DOA would be responsible for preclearing all local, state and federal public policies to ensure they won’t yield racial inequity, monitor those policies, investigate private racist policies when racial inequity surfaces, and monitor public officials for expressions of racist ideas,” he wrote. This proposal would necessitate the creation of a vast surveillance state and render the First Amendment moot.”
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“The person most responsible for this framing—CRT as the avatar of all dubious race and diversity stuff—is undoubtedly Rufo, whose unmatched zeal for exposing it occasionally makes him sound like the sort of activist he is otherwise criticizing. He tweeted, for instance, “The goal is to have the public read something crazy in the newspaper and immediately think ‘critical race theory.’ We have decodified the term and will recodify it to annex the entire range of cultural constructions that are unpopular with Americans.” That’s a fairly straightforward admission that he’s not really against CRT; his project is raising the salience of CRT so that people will identify the concept with every other thing they don’t like.”
“FOSTA and the takedown of Backpage have made finding and fighting sex criminals more difficult, according to the GAO report.
Since FOSTA’s passage, the commercial sex ad market has become more highly fragmented and more likely to be based overseas. This “heightens already-existing challenges law enforcement face in gathering tips and evidence,” the report says. Those running the newer platforms often “host servers abroad, reside abroad, use offshore bank accounts and financial institutions, or introduce third parties to attempt to obscure or distance themselves from the day-to-day operation of their platforms, according to DOJ officials.”
Whereas sites like Backpage and Craigslist were willing to work with legal authorities—reporting suspicious ads, turning over information relevant to prosecutions, etc.—the new crop of commercial sex ad platforms are much less responsive and helpful. As a result, prosecuting their users has become more difficult, as has finding the victims of sex trafficking.”
“That’s the problem with almost all government bail-out schemes. You gotta be in the room where it happens—metaphorically, at least. Successful businesses will always have an advantage over those who lack the lobbyists, name recognition, or culture cachet required to cash in.
On the other hand, the federal government’s firehose of COVID relief spending—$5.9 trillion and counting—means it is easier than ever to get bailed out. So far, the government has responded to the pandemic by sending money to people who earn six-figure paychecks, paying fully vaccinated people not to work even though there are millions of available jobs, bailing out state governments that are running huge surpluses, and using the pandemic as cover for a massive bailout of union-run pension funds, among other things.
Like with Hamilton, there doesn’t seem to be any consideration of when or how much government aid is necessary. We’ve pumped so much money into the system—nearly all of it borrowed and added to the country’s long-term debt problems—and it has to go somewhere.
Did a bunch of fake celebrities whose only claim to fame is being former contestants on The Bachelor need the federal government to dump as much as $20,000 apiece into their bank accounts? Nope, but they got the cash anyway, according to data gathered by ProPublica and reported in a variety of media outlets.”
“The battle in Peru is no longer about who won the election; it’s about preserving the country’s constitution. Drafted in 1993, the current constitution underpins the free market policies that helped the country reduce its poverty rate by roughly one-half, nearly triple its per capita income, and even slash inequality (as measured by a 12-percentage-point reduction in the Gini coefficient between 1998 and 2019). As Ian Vásquez and Ivan Alonso write for the Cato Institute, during the last decades, “Peruvians have experienced dramatic and widely shared improvements in well-being.”
Peru’s economic success is a rather new development. As recently as August 1990, the country experienced a 397 percent monthly inflation rate. Previously, dictator Juan Velasco Alvarado, a military officer who led a coup d’état in 1968, had nationalized key industries, creating state monopolies in oil and mining, fisheries, and food production, among other key sectors. He also expropriated large tracts of land and severely restricted imports, all according to a five-year plan of national production. Economists César Martinelli and Marco Vega argue that Velasco Alvarado’s statist program cost Peru “sizable losses” in economic growth during two decades, leading to the hyperstagflation of the late 1980s.
Once in power, Alberto Fujimori, who won the presidential election in 1990, took drastic measures to stabilize prices, mainly by restricting the money supply and government deficits. Meanwhile, he deregulated markets and shrank the state’s size by privatizing state-owned companies.”
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“Today, the constitution is the only obstacle in the way of President-elect Castillo’s party platform, which praises Vladimir Lenin and Fidel Castro while promising a back-to-the-past agenda of nationalizing the mining sector and other major industries, expropriating land, and getting rid of Peru’s successful private pension system, which administers approximately USD $40.7 billion in citizens’ savings. Much like Velasco Alvarado, who nationalized news media companies, Castillo’s “Free Peru” party plans to “regulate” the press, claiming that a “muckraking” media is “fatal” to democracy.”
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“Castillo’s “Free Peru” party calls for a new constitution to replace the one in place, which it rejects as “individualist, mercantilist, privatizing, and defeatist” in the face of foreign interests.”
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“According to a recent poll, 77 percent of Peruvians are against doing away with the current constitution. As YouTuber Mirko Vidal remarks, this suggests that a good portion of Castillo’s vote wasn’t pro-Marxist as much as anti-Fujimori.
It remains to be seen whether Peru’s institutions can withstand Castillo’s certain onslaught once he is in power. It would be no surprise if he tried to get rid of term limits, a classic recipe of 21st century socialists such as Venezuela’s Hugo Chávez and Bolivia’s Evo Morales, caudillos who, like Alberto Fujimori, won an election and changed the rules of the game so as to hold on to power. Another similarity with Chávez and Morales is Castillo’s blend of anti-capitalist dogma with a strong sense of social conservatism; he opposes same-sex marriage, a “gender-focus” in education, and large-scale immigration. Repeatedly, he has promised to expel all illegal immigrants—meaning many of the 1 million Venezuelans who arrived in the country as they fled from Chavista socialism—just 72 hours after taking office. While these stances are electorally savvy, they make Castillo an odd bedfellow of the foreign progressives who praise him with titles such as son of the soil.”
“”Middle-management circuit judges must salute smartly and follow precedent,” Judge Don Willett regretfully explained in his concurring opinion. “And today’s result is precedentially inescapable: Private citizens who are brutalized—even killed—by rogue federal officers can find little solace” in U.S. Supreme Court case law. The unfortunate reality, Willett observed, is that “if you wear a federal badge, you can inflict excessive force on someone with little fear of liability.”
Vindicating your rights in court is a cornerstone of the rule of law. As the famous British jurist William Blackstone observed, “in vain would rights be declared, in vain directed to be observed, if there were no method of recovering and asserting those rights, when wrongfully withheld or invaded.”
Blackstone’s dire scenario resembles what is happening in the United States today in cases like Byrd v. Lamb. File suit for damages against a lawless federal officer, and the federal courts likely will toss the suit in the name of following precedent. As Willett noted in his judicial protest, “redress for a federal officer’s unconstitutional acts is either extremely limited or wholly nonexistent, allowing federal officials to operate in something resembling a Constitution-free zone.””
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“If a Bivens claim arises in a “new context,” meaning “the case is different in a meaningful way from previous Bivens cases decided by this Court,” Justice Anthony Kennedy wrote, the presiding judge must scour the record for any “special factors counselling hesitation.” For example, Kennedy said, “the risk of personal damages liability is more likely to cause an officer to second-guess difficult but necessary decisions concerning national security policy.” If any such “special factor” is found (or simply invented by the judge), the lawsuit against the federal officer must be dismissed.”
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“The lower courts got the message. In Oliva v. Nivar (2020), the 5th Circuit dismissed a Bivens claim by 70-year-old José Oliva, a Vietnam veteran who was beaten and permanently injured by federal police at a Department of Veterans Affairs hospital in El Paso, Texas. According to Oliva, the officers took a disliking to him because he did not immediately show his ID, which was momentarily out of his reach in a metal detector bin. He also spoke up against their verbal bullying. “I got a problem with this man,” one of the officers reportedly said about Oliva’s lack of deference. “He’s got an attitude.” The same officer placed Oliva in a chokehold and slammed him to the ground, severely injuring his shoulder.
The 5th Circuit characterized Oliva’s civil rights lawsuit as a “new context,” which is basically the kiss of death for Bivens claims. Yes, the court admitted, both Oliva and Bivens centered on allegations of Fourth Amendment violations by federal officers. But “this case differs from Bivens in several meaningful ways.” For one, “the case arose in a government hospital, not a private home.” For another, “the VA officers were manning a metal detector, not making a warrantless search for narcotics.” From there it was all too easy for the 5th Circuit to find “special factors counselling hesitation,” such as the fact that Congress specifically “did not make individual officers liable for excessive-force claims.”
In sum, thanks to SCOTUS-sanctioned legal hairsplitting, a victim of abusive federal policing did not even get a chance to make his case for damages.”
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“Bivens became “a ‘disfavored’ judicial activity” because a majority of the Supreme Court has come to see it as an example of judicial activism, a modern ruling that empowered federal judges to do something they should not do. The late Justice Antonin Scalia called Bivens “a relic of the heady days in which this Court assumed common-law powers to create causes of action.” Justice Clarence Thomas has argued that “the analysis underlying Bivens cannot be defended.”
But was Bivens really such a radical departure? Not when considered in the full light of American legal history. Indeed, the idea that federal judges have the authority to impose damages against lawless federal officers is as old as the republic—older, in fact, since it comes from venerable British common law judgments that directly influenced the founding generation.”
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“America’s founding generation was deeply committed to seeing the judiciary hold wayward federal officers civilly liable for their misdeeds. That commitment is readily apparent when you examine the debates over the ratification of the Constitution, in which both sides subscribed to this particular view of the judicial role.
In 1788, for instance, the Anti-Federalist writer known as Maryland Farmer argued that “whenever an officer had deviated from the rigid letter of the law,” that officer should be forced to pay “ruinous damages.” But under the proposed Constitution, Maryland Farmer feared, federal judges might refuse to award damages to “spare the public purse, if not favour a brother officer.”
George Mason, another Anti-Federalist, raised the same concern at the Virginia ratifying convention. Speaking on June 19, 1788, Mason worried that the new federal judiciary could not be trusted “to bring officers to justice.” Suppose “any of the federal officers should be guilty of the greatest oppressions, or behave with the most insolent and wanton brutality to a man’s wife or daughter,” Mason demanded, “where is this man to get relief?”
Federalist John Marshall, the future chief justice of the United States, responded to Mason the next day. Mason “says that the officers of the government will be screened from merited punishment by the federal judiciary,” Marshall said. “The federal sheriff, [Mason] says, will go into a poor man’s house and beat him, or abuse his family, and the federal court will protect him.”
Nonsense, Marshall declared. “Will such great insults on the people of this country be allowable?” he asked. “Were a law made to authorize them, it would be void. The injured man would trust to a [judicial] tribunal in his neighborhood. To such a tribunal he would apply for redress, and get it.”
Marshall proved as good as his word while serving as chief justice. In Little v. Barreme (1804), he led the Supreme Court in finding a U.S. naval officer liable for trespass after he seized a ship based on an illegitimate presidential order. “The law must take its course,” Marshall wrote, “and he must pay such damages as are legally awarded against him.” Likewise, in Wise v. Withers (1806), Marshall found a District of Columbia justice of the peace liable for trespass after the officer entered a man’s home without legal authority.
Such rulings against rogue federal officers continued to appear in subsequent decades. “At the Founding, and for much of American history, there was no question as to whether federal courts had the power to provide judge-made damages remedies against individual federal officers,” observed University of Texas law professor Stephen Vladeck in the Cato Supreme Court Review: 2019–2020. “Not only did federal courts routinely provide such relief, but the Supreme Court repeatedly blessed the practice.” The Bivens case—in which federal drug cops were held civilly liable for unconstitutional search and seizure—is consistent with this noble legal tradition.”
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“Whatever the solution, it is long past time for the many victims of rights-violating federal officers to start getting some redress in court.”
“The Mexican Supreme Court first ruled that marijuana prohibition was unconstitutional in 2015. That decision became binding nationwide three years later, when the court gave the Mexican Congress 90 days to pass a legalization bill. Legislators missed that deadline and several others, and last week the court lost patience, ordering the federal government to issue permits that will allow cannabis consumers to possess and grow marijuana at home.
Similar permits have been available since 2015, but until now they were limited to marijuana users who had filed lawsuits and obtained injunctions. Commercial cultivation and distribution remain illegal.”
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“Mexico legalized limited medical use of marijuana in 2017. Last year President Andrés Manuel López Obrador confidently predicted that the legislature would approve a framework for licensing and regulating recreational marijuana suppliers in early 2021. But legislators still had not agreed on the details when the most recent court-imposed deadline came and went on April 30, and this time they did not request an extension.”
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“Mexico might be the third country to legalize marijuana—or possibly the fourth, if Israeli legislators follow through on a legalization plan that was endorsed last fall by both of the major parties that controlled the government at the time. The new governing coalition, a hodgepodge of right-wing and left-wing parties, is also officially in favor of legalization.
In the U.S., 18 states, representing 44 percent of the national population, now allow recreational use of marijuana, but the federal ban remains in place. Since President Joe Biden wants to keep it that way and congressional Democrats who favor legalization are not making a serious effort to attract Republican support, the conflict between federal and state marijuana laws is unlikely to be resolved anytime soon.”