Author Archives: Michael Froomkin

Democrats Make You Richer than Republicans

Economic sage Alan Blinder asks Is History Siding With Obama's Economic Plan?

The stark contrast between the whiz-bang Clinton years and the dreary Bush years is familiar because it is so recent. But while it is extreme, it is not atypical. Data for the whole period from 1948 to 2007, during which Republicans occupied the White House for 34 years and Democrats for 26, show average annual growth of real gross national product of 1.64 percent per capita under Republican presidents versus 2.78 percent under Democrats.

Like they say, “If you want to live like a Republican, vote Democratic.”

Posted in Econ & Money | 8 Comments

Confused Reports from the Twin Cities

There was at least sporadic violence in the Twin Cities today, as well as a very very heavy police presence including herding demonstrators, firing rubber bullets, and using tear gas. That much is clear.

From reading Campaign Silo and other sources, however, I'm unable to get much of a feel from what's going on.

In particular, it's very hard to sequence disparate reports of overlapping events. I'm pretty sure that by the end of the sequence at least a small number of the demonstrators were behaving very badly — blocking streets, attacking a vehicle. It's impossible to tell whether that was their plan from the start (although in the case of Black Flag, that's what I would suspect), or whether they lost it, as mobs sometimes do, after being pushed around. Reports of the heavy police tactics came in before reports of the violence, but I'm not confident that proves anything.

At least some of these marchers had a valid permit — although they had to go to federal court to get it, as the city fought them tooth and nail. That history certainly raises the question about the extent to how professionally the police would choose to deal with the march they didn't want, although it certainly doesn't answer the question.

Suspicions are not eased by reports of journalists, videographers, and other seemingly innocent parties being detained, gassed and/or arrested.

On the other hand, people barricading streets and smashing things is what police are supposed to arrest people for, and there seems to have some of that.

This NYT report, Broken Windows and Pepper Spray Mark Protests, seems as likely to be accurate as anything when its says,

A large march, which had a permit from local authorities, got underway around 1 p.m. at the Minnesota capitol. Many in the group marched peacefully along the designated route, but not everyone wanted to follow the rules.

Near the start of the march, two women and a young man secured themselves with chains to a car that obstructed traffic.

“I would like a world of direct democracy,” said one man, who gave his name only as Alex, as he was led away by officers.

A larger group of about 200 protesters dressed in black roamed through the streets of downtown St. Paul, shouting and chanting and throwing street signs and concrete planters into the roads. Many of them wore black bandanas across their faces and some wore black balaclavas.

At one point, a police officer grabbed one of the youths. Others wrested him away, then appeared to knock the officer to the ground. On one knee, the officer released an arc of pepper spray that gushed into the air in a thick cloud.

The crowd backed off. A young man scattered bundles of nails secured with duct tape in the street. Over the next 40 minutes or so, the crowd weaved through streets, sometimes pursued or approached by police, but often eluding groups of police officers or sheriffs deputies.

Some members of the group smashed windows while others objected.

“Is this really protesting?” a young woman shouted, apparently in anger.

[Meanwhile…ABC News reports, GOP parties as Gustav rages]

Posted in Civil Liberties | 7 Comments

One Amendment Is Not Dead

Judge Sides with Maker of “Bush Lied” T-Shirt.

Of course, you might say that things are fairly bad when legislatures are getting so controlling that they are trying to regulate T-shirts commemorating war dead.

Posted in Law: Free Speech | Comments Off on One Amendment Is Not Dead

Top Ten Palin One-Liners

Add your own!

  1. A fresh new face for the same old failures
  2. She's no Hillary Clinton
  3. Most people know the staff at the local Starbucks better than McCain knows Palin.
  4. Two words: Thomas Eagleton
  5. John McCain has proven that he's not a maverick, he's erratic
  6. Can anyone say with a straight face that Palin would have gotten picked if she were a man?
  7. McGimmick
  8. “Either Sarah Palin has talents and skills we were not aware of”, or “John McCain fell down and hit his head” — Alaska State Representative Mike Doogan (D)
  9. McCain's known her for fewer months than he has houses
  10. If elected vice president, Palin would appear to have the least amount of experience in federal office or as a governor since John W. Kern, Democrat William Jennings Bryan’s 1908 running mate.
Posted in Politics: US: 2008 Elections | 5 Comments

Douglas Kmiec on Why Obama is the Candidate of Catholic Values

With everything going on (not least watching Gustav bear down on New Orleans), I forget to link to this extraordinarily thoughtful set of written replies to questions by Douglas W. Kmiec which appeared in the New York Times yesterday: Beliefs – For Ex-G.O.P. Official, Obama Is Candidate of Catholic Values.

Prof. Kmiec holds a chair at Pepperdine. I wonder what his Dean, a guy by the name of Kenneth Starr, makes of his reasoning.

Posted in Politics: US: 2008 Elections | 1 Comment

Twin Cities: Will the Courts Step In?

Latest news via blogger Lindsay Beyerstein:

The second is pretty slashdotted, so I'll repeat it here:

The 6 activists arrested during police raids in advance of the Republican National Convention are being held without charge by the Ramsey County Sheriff's Office, the Minnesota Independent reports.

The arrestees are being held on probable cause holds. These holds give the authorities 36 hours to charge them or let them go. Holds are typically used to give investigators more time to gather evidence before filing formal charges.

Holds allow police to charge first and ask questions later. Sometimes that's a good thing. Arrest opportunities are unpredictable. A suspect could slip away in the time it takes to turn a solid suspicion into sufficient evidence to file charges. A probable cause hold buys the police some time to dot the i's and cross the t's.

However, it doesn't take a genius to see how the power to detain people without charge can be abused. For example, unethical police officers have been known to use frivolous holds as quickie jail terms. Piss off the police, spend 3 days in jail—no trial required.

In Minnesota, a probable cause hold can be issued by an officer without review by a judge or a prosecutor. The 36-hour window doesn't include weekends and holidays. So the protesters arrested over the long weekend could be locked up until Wednesday.

The National Lawyers Guild is asking a judge to review these detentions in the hopes of getting the arrestees out sooner.

Imagine if the police could hold these protesters as long as they wanted.

The United States is holding suspects without charge at Guantanamo—many of whom were apprehended without anything approaching probable cause. Of course, Bush administration asserts the right to put off their trials forever.

Scenarios like these illustrate why habeas corpus is vital to the rule of law.

Other resources:

Locals write about events in the Twin Cities (interactive online issues forums):

Posted in Civil Liberties | 2 Comments