Author Archives: Stephen Littau

A Small Victory

If anyone has any doubts about whether or not the war on (some) drugs and mandatory minimum sentencing guidelines turn otherwise law abiding citizens into criminals, look no further than the injustice Richard Paey suffered in the State of Florida. To make a long story short: Paey received serious injuries in a car accident, his doctor prescribed pain medication, Paey moves to Florida, Paey could not find a doctor who would renew his prescriptions, Paey forges prescriptions to relieve his pain, Paey is arrested, convicted, and receives a mandatory minimum sentence of 25 ½ years.

Here’s the real kicker:

Everyone, including judges, acknowledged the traffic accident victim was using the pills for debilitating pain. And since his incarceration, prison doctors have hooked him up to a morphine drip, which delivers more narcotics in about two days than he was convicted of trafficking.

That’s right: the mandatory minimum sentencing guidelines for “drug trafficking” tied the judges’ hands. A strict interpretation of the Florida law meant this wheelchair bound “criminal” required this harsh sentence. The only hope for Richard Paey would be to receive a commuted sentence or a pardon from the governor; a very unlikely scenario.

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But that unlikely scenario became a reality today when Florida Governor Charlie Crist gave Richard Paey a full pardon—a development which went beyond his own legal team’s request to commute his sentence. Richard Paey was wheeled out of prison by a prison guard a free man with all of his civil rights restored!

The state’s parole commission recommended denying clemency for Paey, who was only seeking to have his prison sentence commuted. But after his lawyer, wife and four children wept and pleaded for Paey’s release, Crist and the Cabinet went further than Paey expected by unanimously agreeing to grant him a full pardon — meaning he’ll have the right to vote and carry firearms.

They also acknowledged that the state’s drug laws might be unfair.

”This is not a pleasant case,” said Attorney General Bill McCollum, who noted that he supported mandatory-minimum sentences when he was in Congress. “Our laws are very much to blame.”

The state’s drug laws might be unfair? Gee, do ya think! Hopefully the AG’s realization of these unfair laws will extend to Florida legislators and legislators throughout the country. No fair human being could suggest that Richard Paey should serve hard time for merely relieving his pain.

But so are the prosecutors in Pasco County [to blame], said Paey’s wife, Linda Paey, who said she couldn’t understand why they zealously pursued her husband through three trials despite the widespread acknowledgement that he was a pain victim and not a drug dealer.

”I’ve changed. I no longer trust the police. I don’t trust the justice system,” she said. “Only the media got our case right.”

Crist, too, took a swipe at the prosecutors, saying the war on drugs itself isn’t just to blame in cases such as this. ”If they’re prosecuted appropriately, then justice will be done,” he said. “Obviously, this case cries out for a review of that process.”

Crist may be right in blaming the prosecutors for their overzealousness. After all, where was this overzealousness whenever former Florida Governor Jeb Bush’s daughter was busted for a similar crime? Noelle Bush received nowhere near the punishment as did Richard Paey (Oh, I forgot; politicians and their families play by different rules). But prosecutorial overzealousness not withstanding; these mandatory minimum sentencing laws are subject to interpretation both by judges and prosecutors. One prosecutor might decide to file the mandatory minimum charges while another might decide not to. If the law is a bad law, there will be prosecutors who will bring the charges and judges who will rule based on their understanding of the law. Crist can further help right this wrong by pushing the Florida legislature to repeal these draconian laws.

While we may have to contend with this mandatory minimums madness for at least a little while longer, at least for one man the nightmare is over…hopefully.

Hat tip: Radley Balko

Mike Ditka, Former Players Ask the U.S. Senate to “Fix” the NFL

WASHINGTON — After testimony Tuesday by retired NFL players about red tape in qualifying for disability benefits related to on-the-field injuries, Sen. John Kerry, D-Mass., said the league is “dropping the ball.”

[…]

“My hope is that the league will get its act together here,” Kerry said. “I am prepared, if the league doesn’t do that, to introduce, which I hope we would never have to do, legislation to create some kind of appropriate accountability and oversight.”

[…]

Upshaw said that of 1,052 players who have applied for disability since 1993, 428 (40.7%) have had their claims approved. But he told the committee the work could be streamlined if Congress changed a law that requires the six-member board, which makes decisions on claims, to include three representatives from the team owners and three from the union. Upshaw said it “makes sense” for the players union alone to make the decisions.

[…]

Hall of Famer Mike Ditka: “The system is broke. Fix it. … Don’t make proud men beg.”

The idea that former NFL players and coaches have sought help from the U.S. Senate to act as a referee between former players and the NFL bothers me both as a fan of the NFL and as someone who believes the government should stay within its Constitutional boundaries (I’m especially disappointed in “Iron Mike” Ditka for stooping to such a low level; I thought he was made of sterner stuff). If history is any indication, if Ditka et al wish for the congressional oversight over the NFL, they will likely get their wish. John Kerry seems all too eager to put on the zebra stripes, throw the flag, and penalize the NFL for unsportsmanlike conduct.

Correct me if I’m wrong, but don’t we have a few more pressing needs that our elected officials should be concerned with such as the war, the VA system, wasteful spending, etc?

As for the former players, they had to know what they were getting into when they decided to play professional football. NFL players both past and present have received the fame, the fortune, and the ability to retire when they are very young. Sure, the players of yesteryear did not earn quite what today’s players do, and perhaps were not marketed as aggressively as today’s players but they each signed contracts and should have known what the risks were. Football ceases to be a game at the professional level (probably even at the college level) because of the increased size, strength, and speed of the players. Players can and do get injured; most feel the toll on their bodies for the rest of their lives.

Given these risks, what should the federal government do? The only branch of the government that could possibly have a role would be the judicial branch. If the NFL somehow violated the terms of these players contracts, the NFL should be compelled to honor those terms by the courts. If this is not the case, then these former players should have no remedy from the federal government.

This does not mean, however; that these players don’t have other means to pay for their medical expenses. The NFL, its players, and its coaches are not hurting for money. If Ditka doesn’t want to “make proud men beg” then shouldn’t he first appeal to his NFL contacts and pass the hat? Surely, there would be at least a few owners, coaches, players and perhaps even fans who would be willing to donate some of their money to such a cause.

As for those who are currently playing in the NFL, if they are concerned with health issues which inevitably will continue long after retirement, they need to address these issues within their organizations and within the NFL. Not one nanosecond of the American people’s time should be spent on this matter.

A Timely Special Report on Healthcare

This 20/20 report by John Stossel “Sick in America: Whose Body is it Anyway” came just days before Hillary Clinton unveiled her government healthcare plan. However you feel about the healthcare issue, if you missed this episode, I urge you to watch the six part YouTube version (part 1 below). Stossel asks and answers many questions such as: “Is Canada’s healthcare system really better?”, “Who should pay for healthcare?”, and finds possible free market solutions to our own healthcare woes.

After watching this ask yourself: Do I really want to be financially responsible for everyone else’s healthcare, regardless of poor personal choices and at the expense of my own?

Hillary Clinton wants an “individual mandate” that each and every American has health insurance.

This means that individuals who make responsible lifestyle choices will also be responsible for paying for healthcare for individuals who make very poor lifestyle choices (obesity, drug abuse, unsafe sexual practices, etc.).

This means more government in our private lives.

This means that every one of us will be required to carry health insurance whether we want to or not.

This means that while healthcare might be “free,” it will be nearly impossible to access in a timely manner.

This means that the American taxpayer will pay, by her estimates, $110 billion per year to fund another wasteful and inefficient government program (and we know damn well the program will cost many times her figure).

This is absolutely unacceptable.

Part 2, Part 3, Part 4, Part 5, Part 6

Have Republicans and Democrats Found Common Ground on the Way Forward in Iraq?

Yesterday, President Bush addressed the American people to give his assessment of both the progress and the way forward in Iraq based on General Petraeus’s report and testimony before congress. As is customary when the president gives a speech, a member of the opposing party gave a counterpoint speech. This time the Democrats selected Rhode Island, Senator Jack Reed.

As one would expect, President Bush focused on the positive developments found in the report while Senator Reed focused on the negative. You could say that they each “cherry-picked” the information to support his side (which is also normal). I also expected that Senator Reed would focus his criticisms on the Administration’s past failures in Iraq (and he did not disappoint). The only part of the speeches I was interested in, however, was the way forward. Surprisingly, I did not see much disagreement there. Senator Jack Reed did not call for an immediate withdrawal from Iraq but proposed a “rapid” troop withdrawal, a refocusing of the mission to counterterrorism and training of the Iraqi army, and improved diplomacy among rival factions.

I read over the transcripts from both speeches to see if I could find any significant differences in the way forward. You may notice that I used much more of the President’s speech than I did Senator Reed’s. The reason for this is because Senator Reed did not focus much of his speech on the way forward but instead focused on past mistakes (otherwise I would have posted more of Reed’s speech regardless if I agreed or not). While it is quite proper to criticize President Bush for his mistakes in Iraq, criticism is not the same as coming up with a useful solution. I think most Americans on both sides of the Iraq debate are more interested in solutions than platitudes. I hope that this continues not only for this particular aspect, but also focus on diplomacy and diplomatic relations with other countries.

Here is my side-by-side analysis of excerpts of President Bush’s speech and Senator Jack Reed’s speech on the way forward in Iraq:

President Bush and Senator Reed on troop reduction

President Bush:
General Petraeus believes we have now reached the point where we can maintain our security gains with fewer American forces. He has recommended that we not replace about 2,200 Marines scheduled to leave Anbar province later this month. In addition, he says it will soon be possible to bring home an Army combat brigade, for a total force reduction of 5,700 troops by Christmas.

And he expects that by July, we will be able to reduce our troop levels in Iraq from 20 combat brigades to 15.

Senator Reed:
We [Democrats] have put forth a plan to responsibly and rapidly begin a reduction of our troops.

I’m sure that President Bush and Senator Reed have differing opinions on how “rapidly” troops should be reduced. The president at least offers some specific numbers; Senator Reed keeps his statement generic so that he and other Democrats can say the troops are not being withdrawn quickly enough. If the Democrats actually do have a plan in place for troop reduction, it sure would have been more helpful if Reed had given some details about this plan in his speech. To be fair though, Senator Reed did point out that most of the troop withdrawals come from the surge and that most of the 130,000 troops would remain. Still, Reed fails to say how rapidly the Democrats want to withdraw.

President Bush and Senator Reed on counter terrorism and the training of the Iraqi army

President Bush:
According to General Petraeus and a panel chaired by retired General Jim Jones, the Iraqi army is becoming more capable, although there is still a great deal of work to be done to improve the National Police…

[…]

General Petraeus also recommends that in December, we begin transitioning to the next phase of our strategy in Iraq. As terrorists are defeated, civil society takes root, and the Iraqis assume more control over their own security, our mission in Iraq will evolve. Over time, our troops will shift from leading operations, to partnering with Iraqi forces, and eventually to overwatching those forces. As this transition in our mission takes place, our troops will focus on a more limited set of tasks, including counterterrorism operations and training, equipping, and supporting Iraqi forces…

[…]

I have consulted with the Joint Chiefs of Staff, other members of my national security team, Iraqi officials, and leaders of both parties in Congress. I have benefited from their advice, and I have accepted General Petraeus’s recommendations. I have directed General Petraeus and Ambassador Crocker to update their joint campaign plan for Iraq, so we can adjust our military and civilian resources accordingly.

Senator Reed:
That is why our [Democrat] plan focuses on counter-terrorism and training the Iraqi army.

While both President Bush and Senator Reed seem to agree that the Iraqi army needs to be trained and shift the focus of American troops to counterterrorism, Senator Reed’s mention of the Democrats’ plan could fit on a bumper sticker. If the Democrats are offering a different strategy, it would have been very beneficial for the senator to tell the American people what their strategy is.

President Bush and Senator Reed on Diplomacy

President Bush:
Now the Iraqi government must bring the same determination to achieving reconciliation. This is an enormous undertaking after more than three decades of tyranny and division. The government has not met its own legislative benchmarks – and in my meetings with Iraqi leaders, I have made it clear that they must.

Yet Iraq’s national leaders are getting some things done. For example, they have passed a budget. They are sharing oil revenues with the provinces. They are allowing former Ba’athists to rejoin Iraq’s military or receive government pensions. And local reconciliation is taking place. The key now is to link this progress in the provinces to progress in Baghdad. As local politics change, so will national politics.

Senator Reed:
It [the Democrat plan] engages in diplomacy to bring warring factions to the table and addresses regional issues that inflame the situation.

Once again, isn’t President proposing the same thing? Have Republicans and Democrats found common ground on the way forward in Iraq? This all depends on how future events unfold. If the troops can be withdrawn sooner than later, if the Iraqi army takes control of their country, and if the diplomacy works to where rival factions begin to work together, the Democrats will try to take credit for pushing President Bush in this “new” direction. If, however, all of these strategies fail, the Democrats will have plausible deniability. This would explain why elected Democrats continue to be vague on the way forward in Iraq.

Penn & Teller Give al Qaeda the Finger

There has been much debate over what should be done with ground zero since the towers fell six years ago. Unfortunately, politics and political correctness has caused the WTC site to remain a giant hole in the ground. So what should be done with this hallowed ground? Build the “Freedom Tower,” turn it over to developers for retail space, or build a memorial that all the victims’ families can live with?

Penn & Teller addressed this issue on their Showtime series Bullshit! Their suggestion: if we really want to give al Qaeda the finger and honor the fallen, we should rebuild the WTC exactly the way it was before the attack. This would send the message to both our friends and foes that we Americans will continue to do what we do: live our lives, pursue our individual happiness, and not be intimidated by those who would endeavor to take that away from us.

Warning: This clip contains explicit language (but what else would you expect from a show called Bullshit!?)

UPDATE:
I should have checked the status of Ground Zero before posting; construction has already begun on the Freedom Tower. While the idea of rebuilding the WTC exactly as it was before the attack is now a moot point, Penn & Teller’s point about Americans returning to business as usual is not. We should continue to reflect on both the horrors and heroism of that fateful day but we should also move forward. The construction of the Freedom Tower might not be my preference but it is still better than leaving a giant crater in NYC.

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