Quote of the Day – NRA Overreach Edition

Quote of the Day – NRA Overreach* Edition

The NRA, the same people who tried to derail Parker v. D.C. (which later became D.C. v. Heller) has announced that the Supreme Court has granted their motion to allow them to participate in the upcoming oral argument of McDonald v. Chicago. The email I received this morning states:

“We are pleased with the Court’s decision to grant our motion,” said Chris W. Cox, NRA’s chief lobbyist. “NRA’s solitary goal in McDonald is to ensure that that our fundamental, individual right to keep and bear arms applies to all law-abiding Americans, regardless of the state in which they live. We are hopeful that the Court will share our view that the Framers of the Fourteenth Amendment clearly intended to apply the Second Amendment to the States.”

It goes on to say that the NRA will be represented by former U.S. Solicitor General Paul Clement.

According to The Volokh Conspiracy, there’s been a little exchange between Clement and Heller litigator Alan Gura:

The end of the (Blog of Legal Times) post includes some interesting commentary by both Clement and Gura. First, Clement comments:

“I think the grant of the NRA’s motion may signal that the Court is interested in ensuring that all the avenues to incorporation, including the due process clause, are fully explored at the argument. Of course, I look forward to working with Alan.”

Gura responds, showing his typical civility and grace:

“The suggestion that I wouldn’t present all the arguments to the Court was uncalled for. I hope that this time Paul understands that handgun bans are unconstitutional.

As the BLT notes, the dig against Clement reflects the brief he filed as Solicitor General in 2007 arguing on behalf of the United States that the D.C. handgun ban was not necessarily unconstitutional.

The bolded portion is today’s QotD. Give ’em hell Alan!

(* In the interests of full disclosure, I am a Patron member of the NRA. That’s two steps above Life and one below Benefactor. But I hardly think they walk on water and their farts don’t stink.)

Call it What it REALLY Is

Markadelphia emailed me today with a link to an in-depth Christian Science Monitor piece, Targeting guns to reduce violent crime. His comment:

Can’t wait to hear what you think about it!

OK, here’s my comment:

More leftist language manipulation
Let me explain. Here are the opening paragraphs of the piece:

In the roll call room of Baltimore’s Northwestern District Police Headquarters, a squat building in a neighborhood of liquor stores and crumbling row houses, photos of the city’s most wanted suspects flash on a new, flat-screen TV.

They are not necessarily drug kingpins or murderers or even dealers. But to Police Commissioner Frederick H. Bealefeld III, they are top priority in this city with one of the highest homicide rates in the country; a city that residents occasionally, grimly, refer to as Bodymore, Murderland.

This would be one of the areas of the country with the strictest gun controls outside of Chicago, in a state where former Attorney General J. Joseph Curran published his 1999 manifesto A Farewell to Arms: The Solution to Gun Violence in America (PDF). Curran’s “solution”?

We are overrun with guns. Despite waiting periods, one-gun-a-month laws, and other faltering attempts to stem the flow, we are hemorrhaging guns into our streets, schools and homes. In a country of about 270 million people, there are over 200 million guns – 65-70 million of which are handguns – and these numbers are climbing. Forty-four million Americans – or 25% of all adults and 38% of American households – possess at least one gun.

Thus, there are two critical questions we must ask ourselves. First, what do we pay to indulge the minority among us who accumulate firearms? In other words, what is the cost of gun ownership in America? The answer lies in our daily headlines, in the quiet mourning for lives lost, and in the economic toll of these recurring tragedies. The costs are at once incalculable and astronomical.

As this tragedy has unfolded, how has the gun industry responded? It has refused to make guns safer. It has failed to market and distribute its products in a way calculated to keep guns out of the hands of children and criminals. It has reacted to a saturated market by creating new products with greater killing power and by attempting to expand its market to women and children.

The time is now. We must get serious – no more band-aids, no more excuses. The moral fiber of our society will be measured by our response. The problem is not just guns in the wrong hands or a failure to enforce laws already on the books. Yes, we should use all the tools at our disposal to prevent crime. Yet this is about more than crime. It is a public health crisis – an epidemic of violent yet preventable death. Modest measures that keep guns away from criminals, together with all the punishment a civilized society can impose, will never stop all the dying.

For me, therefore, the answer is easy. I have added up the costs, and they outweigh the benefits. As a grandfather, I am ready to say enough children have died. In short, I believe that we should no longer allow unrestricted handgun ownership. More effective laws and vigilant enforcement can reduce criminal firearm injury. Increased safety and child-proofing features on handguns can prevent unintentional shootings. Personalized guns can prevent teen suicides and injury from stolen guns. Yet even all these measures would still leave untouched thousands of preventable handgun injuries and deaths every year. We would still be left mourning the multitude of deaths and disabling injury which result from the adult suicide attempts and domestic assaults which occur in homes across
America every day.

Thus, our public policy goal should be to restrict the sale and possession of all handguns to those who can demonstrate a legitimate law enforcement purpose or can guarantee that the use of such guns will be limited to participation in a regulated sporting activity. Handgun ownership that advances reasonable law enforcement purposes must be permitted. Individuals with a professional need to have a licensed gun – law enforcement officers, gun collectors, some business owners and certain other professional groups – will continue to keep handguns on business premises or for use on the job. The rest of us, however, must give them up.

(My emphasis.)

THAT is “Targeting Guns,” and it’s hardly a new idea. It’s been the unstated focus of Handgun Control/Brady Center and most all of the rest of the gun control safety organizations, with the exception of the Violence Policy Center (I still think that would be a great name for a gun shop) which has stated that a ban on handguns is their goal since their inception.

No, what the cops in Baltimore are doing now is what the NRA has been advocating for decades – enforcing the laws on the books, and in spite of the title of the CSM article they’re not “targeting guns,” they’re targeting criminals:

“If you start boiling down the violence in Baltimore – the homicides and the nonfatal shootings – you find that 50 percent of all the people we charge with those offenses have one thing in common: They have gun offenses in their backgrounds,” Mr. Bealefeld says. “And we know that when bad guys get out, they get guns again. They don’t work for IBM. They don’t hand out Bibles. They stand outside with guns waiting to perpetrate another crime.”

And so, Bealefeld says, he has made it clear whom his officers should be targeting.

“I don’t aim to make [it] all that complicated,” he says. “Find out all we can about gun offenders and focus on those guys.”

(My emphasis.) Those guys, not “those guns.”

“For a long time, many police departments in this country really focused on the war against drugs – they believed that drug trade sparked violence…. [Now] we’re seeing a shifting of that focus to gun trafficking and getting guns off the street.”

Not according to this story. They’re getting “those guys” off the street. There are plenty of guns and always will be.

Baltimore, under the guidance of Bealefeld, shows one of the clearest breaks with old police strategy.

The commissioner has encouraged his officers to focus their efforts on gun crime, even if that means letting some drug arrests slide. The “bad guy” with the gun, he says, is the focus.

“When my cops pull up to a corner, what I want them to do is look for that guy first,” Bealefeld says, pointing to a face on the flat-screen. “The 15-year-old with three bags of weed? He’s going to drop the weed and run and lead them on a four-block foot chase. The guy with the gun, with the baggy pants and no belt? With the Glock jammed down there? He’s going to saunter off very quietly. He’s been arrested before; he knows what cops do.… I want my cop to get out of my car and say, ‘Run, Forrest, run. But you sit down. I’m talking to you.”

Bealefeld’s strategy is multipronged: He has created a gun-trace task force, coordinated more closely with parole officers, and has worked with city and court officials to develop a gun offender registry – one of the first in the country – that tracks his “bad guys” much the way sex offender registries do.

Tracks bad guys – not bad guns.

For example, on Dec. 17, police got a tip that a man named Marcus Ellis was involved in a narcotics deal. After checking with parole and probation officers, the police realized that not only was Ellis on probation for recent drug offenses, but he also had a history of handgun violations.

They quickly got a search warrant, and found that Ellis was carrying a semiautomatic 9mm handgun. These sorts of arrests happen regularly, Bealefeld says.

YES! And felon-in-possession is a FEDERAL FELONY with a mandatory FIVE YEAR SENTENCE. But the Feds tend not to prosecute most of these cases – they would “clog the courts” as Janet Reno once said.

But why target these specific criminals?

Though national rates of robbery, murder, and rape have fallen since the 1990s, gun violence in inner cities has persisted or increased. Criminologists at Northeastern University in Boston, Mass., for instance, released a study in early 2009 showing that the number of young black men and teenagers who either killed or were killed in gun crimes has increased 40 percent since 2000.

Gun crime, particularly homicide and attempted homicide, is concentrated in a very small, very identifiable group – young urban black males. It is even more concentrated than that – an easily identifiable subset of that group – young urban black males with firearm and violent offenses on their records. In 2006, according to the CDC, there were 416 homicides by firearm in Maryland out of a total population of 5,602,000. Young black men 34 and younger made up only 7.7% of that population, but they were 63.7% of the victims. Nationwide in 2006 there were 38,595 non-fatal gun injuries due to assault among the 73 million males under the age of 35. Of those, 20,472 were young black males. That group represented only 15% of that population, but were 53% of the victims. Again, the overwhelming majority of those homicides were concentrated in the “inner cities” like “Bodymore Murderland.” We don’t really have a “gun crime” problem. We have an “inner city” crime problem.

Perhaps we ought to do something to address that, eh?

Eric S. Raymond in his essay The Myth of Man the Killer makes a convincing argument that “Individual human beings, outside of a tiny minority of sociopaths and psychopaths, are simply not natural killers.” This is backed up by Lt. Col. Dave Grossman’s study of men in combat, On Killing: The Psychological Cost of Learning to kill in War and Society. It takes time and conditioning to bring someone to the point where they can and will deliberately try to kill another person. People thus conditioned are a very small portion of the public, but that conditioning can come from living a criminal lifestyle. Criminal records illustrate this. Per Don Kates et. al:

Looking only to official criminal records, data over the past thirty years consistently show that the mythology of murderers as ordinary citizens does not hold true. Studies have found that approximately 75% of murderers have adult criminal records, and that murderers average a prior adult criminal career of six years, including four major adult felony arrests. These studies also found that when the murder occurred “[a]bout 11% of murder arrestees [were] actually on pre-trial release”–that is, they were awaiting trial for another offense.

The fact that only 75% of murderers have adult crime records should not be misunderstood as implying that the remaining 25% of murderers are non-criminals. The reason over half of those 25% of murderers don’t have adult records is that they are juveniles. Thus, by definition they cannot have an adult criminal record. Juvenile criminal records might well show these murderers to have extensive serious criminal records. “The research literature on characteristics of those who murder yields a profile of offenders that indicates that many have histories of committing personal violence in childhood, against other children, siblings, and small animals.” Though juvenile criminal records are not generally available, they occasionally become known in connection with some high-profile cases. In one recent case which generated nationwide publicity, a five-year-old boy was thrown from a fourteenth story window by two other boys because he had refused to steal candy for them. Police revealed that both killers, ages ten and eleven, had prior arrests for theft, aggravated battery, and unlawful use of a weapon. At the time of the murder, one of the perpetrators was supposed to be confined to his home on a weapons conviction.

Most of the rest of the article talks about other efforts at reducing gun violence – gunshot-detection cameras, California’s new restrictions on ammunition sales, gun “buybacks,” the “gun show loophole” that isn’t, even handgun bans like D.C.’s and Chicago’s (boy, those really worked, didn’t they?) It even mentions Mayors Against Illegal Guns without, of course, noting the number of members who have had to drop out due to criminal activities of their own, nor the recent release of MAIG’s 40 point plan to make it harder for the law-abiding to get firearms (without, of course, affecting the illegal traffic in arms at all). All of those have been tried before, but targeting known offenders seems to be working:

Since Bealefeld took the commissioner job two years ago, with the explicit goal of targeting gun crimes, homicide numbers in the city have dropped to record lows. The 234 murders in the city in 2008 was the lowest annual total in two decades; by Dec. 29, 2009, the city had 235, indicating a sustained trend rather than – as usually happens in Baltimore – a one-year dip.

Nonfatal shooting numbers have also dropped. In the early 2000s there were close to 1,000 nonfatal shootings in Baltimore annually; by Dec. 29 of 2009 there were 447 – down 23 percent from last year.

The story implies this improvement is due to getting “illegal guns” off the street, even going so far as to imply that “10 percent of the guns sold legally in Maryland” were seized from criminals. Why?

Violent crime is down nationwide, despite the fact that gun sales in 2009 were the greatest ever recorded, but it would appear that Baltimore has had better than average improvement. Perhaps, just perhaps, this is because they’re concentrating on the criminals instead of the guns.

UPDATE:  The original JS-Kit/Echo comment thread for this post is available here, thanks to the efforts of reader John Hardin.

The Bill of Rights

Remember those? They came into effect today, Dec. 15, 1791. They are as follows:

Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That freedom of speech and assembly thing? Not so much.

Amendment 2: A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.

We’re doing somewhat better on this one, but McDonald v. Chicago will tell us whether that will continue, I think.

Amendment 3: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Not a lot of applicability with this one, but it has at least received an “incorporation” decision – the 2nd Circuit’s Engblom v Carey in 1982.

Amendment 4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The War on (Some) Drugs has pretty much gutted this one. “Asset forfeiture,” warrantless searches, etc.

Amendment 5: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Ah, yes. “Public use.” Shall we discuss the Kelo decision?

Amendment 6: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

“Speedy”? It often takes years for cases to come to trial. “Impartial jury”? Yeah, right. Pull my other one – it has bells on it. As for the rest of it, can you say “Mike Nifong“? “Patrick Fitzgerald“? How many haven’t been caught abusing the system?

Amendment 7: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Lawsuits. Oy veh. Can you say “Tort reform”? Good idea, but abused to incredible extents.

Amendment 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Several somebodies have somehow decided that the death penalty is “cruel and unusual,” even though the 5th Amendment includes deprivation of life through due process of law. Now I’m not a fan of government, believing that pretty much everything it does, it does poorly, but there are those cases that are so heinous and guilt so unquestionable that I have absolutely no problem with taking the perp out behind the courthouse and blowing his damned head off upon the announcement of “guilty!” by the jury. Still, can’t argue with the Amendment itself, and we haven’t screwed this one up too badly.

Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Ah, the “inkblot.” Madison’s nice idea to cover James Irdell’s objections, but it hasn’t worked out all that well. We have emanations from Constitutional penumbras producing some rights, but we have had to fight for decades to preserve an enumerated one. As Ninth Circuit judge Alex Kozinski has put it,

Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that “speech, or . . . the press” also means the Internet…and that “persons, houses, papers, and effects” also means public telephone booths….When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases – or even the white spaces between lines of constitutional text. But…when we’re none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.

Madison’s attempt has not been particularly successful at preserving our unenumerated rights.

Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

And this one has failed totally. As Professor Randy Barnett has put it, America has gone from a sea of liberty with islands of government power, to a sea of government power with sinking islands of liberty. The Federal government has seized powers not delegated to it, and in some cases even prohibited to it.

As Alexis de Tocqueville warned, once the Congress learned it could bribe the public with the public’s money, it was all over.

Happy Bill of Rights day!

Sorry about the rant. I’m just in that kind of mood.

Congressional Legerdemain

Congressional Legerdemain

Michael Barone points out an article in the New York Post by Jefferey H. Anderson that illustrates just how much the Senate’s proposed Health Care bill will really cost, as opposed to what they’re trying to sell us.

It’s like they think the Great Unwashed can’t understand mortgages with variable interest rates and balloon payments, or something.

They tell us that the first ten years of this wonderful plan will cost only (only!) $849 billion over the first ten years.

Nazzo fast, Guido.

Here’s a chart that shows how they get that number (click to embiggen):


Anderson says in his piece:

As the CBO analysis indicates, the bill’s real 10-year costs would start in 2014. And in its true first decade (2014 to 2023), the CBO projects the bill’s costs to be $1.8 trillion — double the price Reid is advertising.

And that’s even though the CBO optimistically assumes the government-run “public option” wouldn’t cost a cent.

Over this same 10-year span, the bill would hike taxes and fines by $892 billion — more than the alleged price of the bill.

On top of this, Anderson expands:

Just as problematic are the bill’s effects on entitlement spending and deficits. Medicare is already teetering on the edge of insolvency. This year’s Medicare Trustees Report (signed by Health and Human Services Secretary Kathleen Sebelius) warns that the Medicare Hospital Trust Fund — the main funding channel for the largest part of Medicare — will become insolvent in 2017.

Worse, nearly four people are now paying into Medicare for every beneficiary. But with the baby boomers’ retirement fast approaching, that number will drop over the next 20 years to about 2½. Fewer and fewer people will be paying higher and higher costs.

Yet, as the CBO notes, in its real first decade, the bill would siphon $802 billion from Medicare to spend elsewhere. With its financial outlook already beyond bleak, Medicare is the last place to look to for “free” money.

Among the $802 billion that Reid would divert from Medicare is $431 billion in cuts in doctors’ pay (far more than the misleading figure for 2010-19). The bill says it would cut payments to doctors for services to Medicare patients by 23 percent in 2011 — and never raise them back up, ever.

No one who’s been in Washington for more than five minutes actually expects this reduction to occur — and if it doesn’t, then the Senate health bill would increase our deficits by $286 billion in its true first decade, according to CBO projections.

Read the whole thing.

In comments yesterday, Markadelphia asked:

(W)hy does the government want to get into health care? Several answers suggest themselves. With Medicare, Medicaid, S-Chip and state run health care, they already are fairly involved. But what is their motivation for this current push for historic legislation?

“Historic.” Yeah, there’s an appropriate adjective. “Little Boy” was an historic bomb in the same way this legislation is “historic.” I want to attribute good intentions to our elected overseers, I really do. But if you wanted to destroy the American health care system and the American economy, I find it difficult to believe that you wouldn’t see this bill as a means to that end. Same for Cap and Trade.

Once is happenstance. Twice is coincidence. Three times is enemy action.

Why? I’ll Tell You Why.

Why? I’ll Tell You Why.

Yesterday Glenn Reynolds said that he still didn’t understand “what the White House’s calculus is” on trying Khalid Sheikh Mohammed and four other suspected terrorists in New York in civil court.

Back in 2006 when I wrote The United Federation of Planets, I explained it:

The “state of nature” is the ultimate objective reality. In it, people will do whatever is necessary to survive, or they don’t survive. In point of fact, throughout history – even today – people have not only defended their lives, liberty and property, they have taken life, liberty, and property from others not of their society. And they have done so secure in the knowledge that their philosophy tells them that it’s the right thing to do. This is true of the The Brow-Ridged Hairy People That Live Among the Distant Mountains, the Egyptians, the Inca, the Maori, the British Empire, and the United States of America. It’s called warfare, and it’s the use of lethal force against people outside ones own society. Rand explained that:

A ‘right’ is a moral principle defining and sanctioning a man’s freedom of action in a social context.

That’s a critical definition. If a society truly believes that:

…all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness

then that society cannot wage war. It cannot even defend itself – because to take human life, to destroy property, even to take prisoners of war is anathema to such a society, for it would be in violation of the fundamental rights of the victims of such action. (See: the Moriori. Or the Amish.)

This creates a cognitive bind, then, unless you rationalize that the rights you believe in are valid for your society, but not necessarily for those outside it. Those members that violate the sanctions on freedom of action within the society are treated differently from those outside the society that do the same. Those within the society are handled by the legal system, and are subject to capture, judicial review, and punishment under law, whether that’s issuance of an “Anti-Social Behavior Order” in London, or a death by stoning in Tehran. Those outside of a society who act against that society may be ignored, or may risk retaliatory sanctions up to and including open warfare, depending on the situation. (See: Kim Jong Il, Mahmoud Ahmadinejad, nuclear weapons.)



(W)hen a society faces the fact that its philosophical foundation does not match objective reality, it is inevitable that there will be a loss of confidence and a societal change.

If you examine it closely, (the Left) has wrapped itself in a philosophy that attempts to extend all of the West’s “rights of man” to the entire world – up to and including those who are actively seeking our destruction, and the Left holds itself as morally superior for doing so. Attempting to intercept terrorist communications is “illegal domestic wiretapping” – a violation of the right to privacy. Media outlets showing acknowledged Islamist propaganda is exercise of the right of free speech, but suppression of images from the 9/11 attacks – specifically, the aircraft crashing into the World Trade Center, or its victims jumping to their deaths – is not censorship. The humiliation of prisoners at Abu Ghraib is described as a “human rights violation,” as is the detainment of prisoners at Guantanimo without trial. For the Left, the war between the West and radical Islamists should not be handled as a war – it should be handled as a police matter – as a society would handle internal violators. Our enemies shouldn’t be killed, they should be, at worst, captured and counseled. Our enemies are not at fault, WE are, because we are hypocrites that don’t live up to our professed belief in absolute, positive, unquestionable, fundamental, ultimate rights. If we just lived up to our professed beliefs, the rest of the world would not hate us. Yet to believe this, the Left must ignore objective reality.

It’s Alinsky’s Rules for Radicals: “Make the enemy live up to their own book of rules.” Destroy the enemy’s society so you can build your new one on top of the ruins.

I Repeat:

I Repeat:

Get Out. Get Out NOW.

I wish I could say I was surprised.

UPDATE: Reader “eeky” points out this earlier story:

Man accused of attacking DVLA inspector with broom walks free

Monday, September 29, 2008

A man accused of beating a DVLA inspector with a broom handle as walked free from court after claiming his alleged victim had exaggarated the incident.

Inspector Hayden Hart had claimed he was attakced my[sic] Paul Clarke, 26, as he patrolled Wood Street, Merstham, checking parked cars for out-of-date tax discs.

The inspector said he was clubbed repeatedly by his attacker, who warned him: “If you come near my vehicle again, I’ll break your f****** legs.”

But Mr Clarke, of Wood Street, Merstham, walked free from the Crown Court at Guildford after winning his appeal against conviction for assault by beating at Redhill Magistrates Court on March 12 this year.

Mr Clarke, 26, of Nailsworth Crescent, Merstham, denied the offence, insisting he had never actually struck Mr Hart during the confrontation on June 12 last year (2007).

The court was told that Mr Hart was driving along Wood Street stopping to inspect parked vehicles to make sure that they were displaying valid vehicle excise licenses.

Giving evidence at the appeal hearing, Mr Hart said: “I had seen four vehicles which I was going to report for not having up-to-date tax discs.”

He said he was inside his Honda filling out the appropriate forms when he heard a loud bang on his window and looked up to see a young man.

Mr Hart said: “He was carrying a broom stick without the head on the end of it.”

He said the man appeared very aggressive and threatened violence against him.

“As I got out of my car to ask him what he was doing, he struck me on the arm two or three times with the handle,” he said.

Mr Hart said he grabbed hold of the stick and there was a scuffle before the other man walked off.

He said he suffered extensive bruising on his arm and had to have time off work because he felt so shaken by the incident.

“I felt very depressed,” he said.

However, under cross-examination by defence counsel Richard McConaghy, he admitted the bruises might have been caused when he had leapt out of his vehicle to see what was going on.

Mr Clarke said he had confronted Mr Hart because he thought he had seen him trying to steal something from his pick-up truck.

“I didn’t realise he was a DVLA inspector. He might have been a prolific thief,” he said.

He said he had the broom because he had been sweeping up some glass in the road – and the head, which was loose, had fallen off during the fracas.

Mr Clarke accused Mr Hart of exaggerating his injuries, adding: “I reckon he wanted some time off work and compensation.”

After the court was told that it was not possible to prove that the bruising to Mr Hart’s arm had actually been caused by Mr Clarke, prosecuting counsel Laurence Aiolfi applied to have the offence changed from assault by beating to one of common assault.

But the judge, Mr. Recorder Stuart Lawson-Rogers, refused to agree to this – allowing Mr Clarke’s appeal to succeed.

Eeky and I seem to agree that someone decided Mr. Clarke needed to pay his debt to society for failing to conform to the “passive victim” standard. Loaded sawed-off shotguns don’t magically appear in most people’s gardens.

Warning: This Blog Might be Harmful to Your Comfortable Worldview

What are we going to have warning labels on next? Apparently baseball bats can hit baseballs really hard, and there otta be a LABEL!!

I don’t want to denigrate the death of a young man, but this is ridiculous:

Bat maker found liable for player’s death

After 12 hours of deliberation, a jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player’s death during a 2003 game in Helena.

Aluminum bat maker Hillerich & Bradsby Co. failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game, at least eight of the 12 Lewis and Clark County jurors agreed Wednesday.

Hillerich & Bradsby Co. was ordered to pay $792,000 to Patch’s estate, which is represented by his mother, Debbie Patch, who filed the suit. Those funds were allotted to cover the lost earnings Patch would have made had he lived, and the pain he suffered from the injury before he died about four hours after being struck in the temple with a batted ball.

“This was for Brandon and the kids on the field,” Debbie Patch said after hearing the ruling. “We just hoped we could get the truth out for more people to see.”

In the verdict read in District Judge Kathy Seeley’s courtroom, the jurors found the company, which makes Louisville Slugger bats, liable for failing to warn users of the danger of its aluminum bats and that this failure caused the accident that killed 18-year-old Patch.

Two words: Horse Hockey. And why?

A third decision was that the bat was not defective.

It worked as designed, but the design was dangerous.

It’s a CLUB designed to STRIKE a HARD OBJECT and propel that object at HIGH VELOCITY. The argument is that aluminum bats give higher ball velocities than wooden bats. Still, why wasn’t the ballmaker sued? Their product wasn’t defective either, but it’s the object that caused the trauma that ended young Brandon Patch’s life. Can’t baseballs be made safer? Shouldn’t they carry a warning label? Batters are required to wear protective headgear against the possibility that a wild pitch might strike them in the head, injuring or killing them. Catchers and umpires wear protective padding and face guards for the same reason. Why shouldn’t the league be sued for not requiring protective equipment for the pitcher against the same kind of injury from a batted ball? Why was the bat manufacturer singled out?

Because it’s an evil corporation with deep pockets, and the jury could be swayed to fleece it in memory of a young man. After all, it’s only money. The corporation has insurance, right?