Good people don’t vote for Jeff Sessions

Senator Jeff Sessions recently said that good people don’t smoke pot. Keep in mind this is the same Jeff Sessions who has campaigned with Dick Cheney and very recently with Donald Trump, both of whom are adamantly pro torture. In this commentary, I make the case that good people don’t vote for Jeff Sessions. To make clear, I’m not defending pot use, as it impairs cognitive function, engendering Sessions-style thinking. It’s Dick Cheney – not me – who is nexused with major drug smugglers.

Let’s start with this axiom: an accusation isn’t tantamount to guilt. To say that only terrorists will be denied habeas corpus and tortured would require evidence of guilt anterior to the use of torture. The alleged purpose of torture is to extract evidence. Pre-existing evidence defeats the alleged purpose of torture. More importantly, torture is unreliable to collect valid information.

That the United States government can do whatever it wishes to foreigners runs contrary to both the letter and the spirit of the Constitution. Just because citizens of, say, Canada are not protected by the United States Constitution does not permit the United States government to confiscate the firearms of Canadian citizens. The Constitution follows the government wherever it goes. The Fifth Amendment right against self-incrimination and right of habeas corpus applies to foreigner and American citizen alike.

When I was in the Marine Corps, I was not only taught that torture is illegal and that Marines don’t torture, but also that a prisoner of war is sacred. POWs are not to be tried for conduct on the battlefield. Upon conclusion of a war, POWs are to be released.

In the present paradigm, the United States is at war against terrorism. It’s akin to having a war against sin. Sin will always be with us. So, too, will terrorism. There’s no finite enemy and a “war on terror” can never be won and is never ending. Terrorism should be treated as a law enforcement matter, affording suspects due process without demolishing the rule of law. Anything other invites encroachment by the government upon the rights of American citizens.

The “war on terror” is global, which includes the United States. Keep in mind the definition of terrorism seems to be more dynamic than static. I happen to support the Second Amendment. There does seem to be somewhat of an anti-Second Amendment trend and I could see how one day if you believe in the Second Amendment, you could be accused of being a terrorist. Pursuant to Jeff Sessions’s calculus, if you’re accused of being a terrorist then you should be waterboarded until you confess to being a terrorist. The Second Amendment is not safe without the Fifth Amendment and vice versa. Those two Amendments mutually support one another.

Some people might remain skeptics. But think about this. If the government is to completely demolish habeas corpus and implement a domestic torture program, what would the government want to do first? Disarm the people. There are politicians who really do want to disarm us. That’s not a conspiracy theory. Once guns are banned, is it inconceivable that gun owners could be declared terrorists? There are politicians who really do support torturing accused terrorists and denying them habeas corpus. That’s not a conspiracy theory.

It’s unfortunate that so many alleged conservatives are unable to recognize that denying accused terrorists habeas corpus is incompatible with small government conservatism. Many conservatives are too cognitively deficient to figure out the injustice of creating a new class of prisoner that doesn’t quite match the definition of a POW or a terrorist suspect. They are POWs without any rights in a never ending, global war.

But not only that, many conservatives believe an accusation is tantamount to guilt. Conservatives embrace the idea that anybody the United States government decides to capture and accuse of being a terrorist is one, therefore it’s morally acceptable to torture the accused into confessing to crimes while denying the accused the right of habeas corpus. Even if this treatment is reserved exclusively for foreigners, it’s still reprehensible. Torture is wrong when foreigners do it to American citizens and it’s wrong when American citizens do it to foreigners.

The use of torture makes battlefield opponents much less likely to surrender, thereby jeopardizing the safety of troops in harm’s way. Practicing torture undermines the legitimacy of the government itself. How can any reasonable person justify a government that practices torture incarcerating people over much more minor and technical infractions of statutory law? Let’s not forget that innocent people died under Dick Cheney’s torture program, i.e., they were murdered. Pursuant to Jeff Sessions’s calculus, pot smokers are worse than torturers and murderers. In other words, it’s okay to jail pot smokers while torturers and murderers remain free.

Torture is notoriously unreliable for collecting legitimate intelligence. Torture is an effective tool to extract false confessions. Denying accused terrorists due process, using tactics that result in false confessions, is something that terrorists would do. Terrorists kill and torture people extrajudicially. Terrorists don’t like due process. I believe that politicians who seek to jettison due process are themselves terrorists. Therefore, I am accusing many politicians, including Jeff Sessions, of being terrorists. Pursuant to Jeff Sessions’s own calculus, an accusation is tantamount to guilt. It’s why good people don’t vote for Jeff Sessions.

Donald Trump will implement capital controls

Recently Donald Trump unveiled a plan to proscribe remittances sent to Mexico. See: http://abcnews.go.com/Politics/wireStory/report-trump-hell-fund-wall-cutting-remittances-38158595 Amazingly, remittances sent to Mexico were characterized by Trump as “de facto welfare”. Pursuant to the Trump calculus, money earned through productive work in the private sector is synonymous with welfare.

The purpose of Trump’s plan is to pressure the Mexican government into taxing its citizens in order to fund a border wall. In other words, Donald Trump wants to implement capital controls in order to get the Mexican government to pay for his cronies to build a border wall, which somehow isn’t considered to be welfare.

If Trump plans to impose capital controls in order to build a border wall, why believe a border wall wouldn’t be used to impose capital controls? With legislation like Foreign Account Tax Compliance Act that passed in 2010, why believe it would be used for anything other than trapping people and capital into the United States? Yet we are supposed to believe that Trump’s capital controls would be used only against immigrants and until the Mexican government ponies up the capital to build a border wall, at which time Trump will cease being a menace.

Supposedly, Trump’s plan will be limited to immigrants (somehow making it a good thing). Arbitrage has a funny way of holding lawless regimes in check. Desperate governments do desperate things, and if we can justify curtailing capital outflow to Mexico in one instance, then why not in every instance? By treating honestly earned money on the free market as “welfare” that the government can seize, this will discourage immigrants from performing honest and productive work. No matter where dollars earned flow, productive work is a benefit to the economy.

I didn’t have to read about Trump’s plan to know that Trump would impose capital controls. As I wrote back in 2010, immigration restrictionism taken to its logical conclusion is capital controls. See: http://libertyeconomics.com/my-problem-with-brian-sandoval-mike-montandon-and-governor-jim-gibbons/ The populist indictment of immigration is that immigrants “drive down wages.” Not true. This argument dovetails with arguments in favor of minimum wage law as an effort to fix wages. The welfare-warfare state drives down wages. The problem is not the immigration, but the welfare-warfare state. Furthermore, let’s take this argument to its logical conclusion: capital controls.

The government could inflict injury upon every employer of Mexican immigrants (legal or illegal). However, this would do absolutely nothing to create or save a job. If employing inexpensive labor at home is curtailed, this begets one of two possibilities: the job is destroyed altogether, or the employer flees the country altogether.

What next? Criminalize capital flight? Pursuant to the statutory case against hiring illegal immigrants, the de jure case for capital controls is already in place. If it’s illegal to hire an illegal immigrant at home, then why is it legal to do business with “undocumented” workers abroad? (In that case, one becomes the de facto employer of foreigners living abroad.) For the sake of logical consistency, outsourcing should be criminalized. All international trade and commerce should be criminalized. If the government should proscribe remittances, then why not proscribe Americans from traveling to Mexico and paying Mexican nationals for goods and services?

Let me remind you that if the government can trap capital in, it can trap people in. Try leaving the country without your capital. If immigrants aren’t permitted to send money to Mexico, then how can they be expected to leave the United States? This means that Trump has, almost paradoxically, devised a scheme to trap immigrants into the country. Coming to the United States will be akin to checking into a roach motel. Furthermore, remittances to Mexico would curtail emigration from Mexico. This means curtailing remittances to Mexico would encourage emigration from Mexico.

We are being told that protectionism and capital controls are used to protect us, to protect our jobs. In reality, capital controls are a makeshift effort to remedy capital outflow engendered by loose monetary policy. Capital naturally gravitates toward cheaper, higher-yield, more efficient economies. The only way to repatriate capital is for the central bank to stop inflating, force up interest rates, and return to sound money. If we pursued the right economic policies, people would voluntarily keep their money in the United States. If the government in Washington seeks to curtail capital flight, then stop fixing prices and stop using the central bank to suppress interest rates.

Not only will capital controls not work, capital controls will beget greater problems. If we reject the free market argument against capital controls today, then the resulting chaos will be met with demands for tighter controls tomorrow. Trump’s plan is to turn the United States into an open air prison. Trump’s plan will actually precipitate an exodus of capital.

How would I approach the matter of immigration? Let property rights prevail. If two people wish to engage in peaceful, voluntary and mutually beneficial exchange, whose right is it to interfere? That somebody is an “illegal alien” is a faux concept constructed by statutory law. Unlike politicians and bureaucrats, most Mexican immigrants hold real jobs. It’s time to legalize immigration. I say we deport politicians and bureaucrats instead.