The following are some of the important excerpts from our First Annual Fourth Amendment Forum. They are provided with time codes in case you are interested in watching that portion of the video to see the comment in context.
Kara Dansky (ACLU attorney, national office), 12:50:
Where Utah stands out is that Utah is a leader in reform, actually. Utah passed a bill last session… that will require some reporting of SWAT deployments and different kinds of data that are collected in connection with SWAT deployments. I think this is a really positive trend… As far as I can tell, no state other than Utah is making much of a concerted effort to shine some light on this problem, and to bring some transparency and oversight. So I think that that’s great.
AG Sean Reyes, 20:45:
We really do want to empower law enforcement. At the same time, though, and particularly as the lawyers tasked with protecting the liberties of our own citizens, we want to make sure that they do it properly, without depriving those rights and those liberties in the process. I don’t think it’s a zero sum game. I think we can have effective and proper law enforcement, and still be vigilant about protecting the rights and liberties of our citizens.
UPDATE: Kendell’s letter has now been sent to the Board, and includes the names of dozens of businesspeople and local school board members. See the letter here.
Two weeks ago, Governor Herbert called for a “review of our existing [education] standards to make sure they truly prepare our students for college and careers.” As part of that, Herbert organized a committee tasked with the review, and appointed as its chair one Dr. Rich Kendell, “a former university president, school district superintendent, and education advisor to former Governor Mike Leavitt.”
“He has a unique perspective,” Herbert added, “that will guide a comprehensive examination of the standards.”
Evidently that “unique perspective” includes an existing bias and behind-the-scenes advocacy that violates any semblance of independence or impartiality in the review Kendell has been charged with leading. The Governor also said, “I don’t want to presuppose the outcome of this review,” but perhaps Kendell already has.
Libertas Institute obtained an email written on July 30, 2014, by Dr. Kendell, addressed to Patti Harrington, Associate Executive Director of the Utah School Board Association (USBA) and Executive Director of the Utah School Superintendents Association (USSA). It includes a drafted letter (view the PDF here) and this text:
Conservatives in Utah and around the country laughed to scorn then-Speaker of the House Nancy Pelosi for suggesting, after passage of “Obamacare,” that Congress had to pass the bill so that the people could then find out what was actually in it.
As it turns out, this strategy hits a bit closer to home.
The adoption of Common Core by the Utah State Board of Education followed a similar model of act-now-ask-questions-later. In June 2010, the Board voted to “adopt the Common Core… as a framework on first reading [and] between now and the next meeting the Board Members study the standards…” Put differently, the Board gave initial approval of the new (and untested) standards, pending further approval, without having studied them first.
But it gets worse.
“You never want a serious crisis to go to waste, it’s an opportunity to do things you could not do before.”—Rahm Emanuel
Following Rahm’s rule for expanding government power, 216 years ago today, the US Congress, controlled by the Federalist party, and on the ninth anniversary of the start of the French Revolution, passed An Act for the Punishment of Certain Crimes against the United States—also known as the “Sedition Act.” The law made it unlawful to “combine or conspire together to oppose any measure of the government of the United States.” It also restricted speech that was critical of the federal government in the name of protecting national security. While the Federalists were concerned about the threat of revolution in the United States following the example in France and the possibility of war with France following the diplomatic snafu of the XYZ affair, most historians agree that a driving force behind the act was to suppress Democratic-Republican party opposition to the Federalist-controlled government. Such an act would have been unthinkable ten years earlier but on the backdrop of political turmoil and dubious national security claims, Federalists were able to expand central authority to neuter opposition.
Many Democratic-Republicans supported France during the revolution and some sympathized with the sentiments of the revolutionaries. They also opposed the Federalist policies that led to high levels of national debt, a standing national army, government-subsidized monopolies, and the recent levying of the first national tax in the form of the whiskey tax of 1791. In 1791 the national debt stood at $1.84 billion in 2009 dollars and accounted for 38% of GDP at the time—the highest relative debt level the country would see until the Great Depression. Frustration at economic policies was exacerbated by Treasury Secretary Alexander Hamilton’s central planning ideas for the subsidization of the manufacturing industry. Opposition to federal power only increased at the thought of a federal force of 12,950 troops raised by President Washington to quell the Whisky Rebellion. It was on this backdrop that political opposition to the Federalists was at a fever pitch.
Today, July 2, is the anniversary of America’s independence. Though the 4th has been (wrongly) given the distinction, it was on this date in 1776 that the Second Continental Congress voted to approve independence from Britain.
If you haven’t done so lately, consider reading the Declaration of Independence with family or friends and discuss some of its key statements. It’s important we move beyond a superficial celebration and make more meaningful our honoring of what transpired on that fateful day.
Many who read the document skip the middle section, in which the document’s signers listed the “repeated injuries and usurpations” which they alleged were an attempt to establish an “absolute tyranny” over them. “To prove this,” they wrote, “let facts be submitted to a candid world.” And then proceeded the list of 18 grievances for which secession was deemed justified.
Last week was our first Fourth Amendment Forum — a new, annual event we’ll be holding going forward along with ACLU Utah and the Utah Association of Criminal Defense Lawyers. The purpose of this event is to discuss new laws and court rulings affecting 4th amendment issues, and more broadly, the balance between law enforcement and civil liberties.
Panelists for this year’s forum included Attorney General Sean Reyes, his chief of staff and general counsel Parker Douglas, Salt Lake County District Attorney Sim Gill, Utah County Sheriff Jim Tracy (and president of the Utah Sheriffs Association), Chris Gebhardt (a two-time SWAT team leader), and Kara Dansky, a staff attorney with ACLU national focused on police militarization issues. Below is the video:
Our photographer also captured a variety of fun pictures of the event. Click here to view the album.
I was recently speaking with a very politically active friend who has served in key, influential decision-making positions within the Republican Party. We both cynically remarked in the past how difficult it is to move the needle within the party system (note: Libertas Institute is politically neutral and not affiliated with any specific party or its platform.). We discussed how politics always ended up trumping principle, and re-election had become the end in itself, rather than the means to political change. As we spoke he conceded that his time could probably be better allocated fighting for liberty within an organization dedicated to that ideal. I couldn’t agree more.
I have spent my entire adult life involved, in some respect, in the political process. I have served in precincts, as a state delegate, fundraiser, and volunteer for different candidates or causes… and I’ve always voted. In none of these endeavors have I received as much satisfaction as in my involvement with Libertas Institute. If you’re wondering why, it’s all about the return on investment. Do you ever wonder why someone would spend millions of dollars trying to get elected to a position that lasts for a couple years and pays a fraction of the amount spent to get elected? If not for pride, most aspiring politicians would realize that the best bang for the buck is in lobbying.
A 2009 University of Kansas study found that lobbying efforts netted firms a 22,000% return on investment. This is the sort of thing that drives regular folks crazy. It’s understandable, then, to see corporations pour money into PACs and K-Street lobbyists in a bid for political favors, contracts, or tax breaks—it’s their most lucrative investment! Over the last five years the sugar industry spent $50 million on lobbying efforts, which seems like a lot until you see the $278 million spent last year alone in direct government aid to sugar companies.
Libertas Institute received word yesterday from a concerned citizen that there was a Mine Resistant Ambush Protected (MRAP) vehicle sitting in a parking lot in Provo.
The military vehicle, seen in the photo above, arrived just days ago at the Utah County Public Works facility, to soon be delivered to the sheriff’s office.
Like other MRAPs being distributed by the Pentagon to communities around the country, this one was obtained through the “1033 program” whereby the federal government provides local law enforcement agencies with surplus military gear—everything from MRAPS and helicopters to automatic weapons, handguns, and first aid gear.