Hillary Clinton won't tell us what she thinks about Keystone XL

I know, I know. You're all shocked that Hillary Clinton won't give a direct answer to a simple question. Yep, she's a true statesman, taking a principled stand on important issues of our times. I mean, it's just crazy to expect that someone running for President tell you what their position is before you vote for her.

I wonder if ol' Bernie Sanders can make any political hay out of this. He's against it, so maybe he can get the hard environmentalist left to come over to his side. But they're probably already there, no?

h/t to Andy over at Ace's Place

Good luck to everyone taking the SC Bar Exam today!

It's actually not just today. It's actually today, tomorrow, and Wednesday.

Back in my day, we took the bar exam at the State Fairgrounds, and we didn't get to use those new-fangled computers, either. It was all pencil and paper.

And we liked it.

(Just kidding. We hated it.)

The Ghost of Joe Wilson and Health Care in California

Anyone remember this?

Yeah, about that. He may have broken with decorum and rudely interrupted the President, but it appears that Joe Wilson wasn't wrong. So he's got that going for him.

From Forbes:

State Senator Richard Lara has already moved a bill through the California State Senate that would allow illegal immigrants to buy unsubsidized health insurance in the state’s Obamacare exchange. The state would have to receive a federal waiver from the Obama administration before implementing it.

The bill would also extend coverage to illegal residents under the age of 19 to enroll in California’s fully paid-for Medicaid program.

The Pew Research Center has estimated that there are 2.5 million illegal immigrants in California.

Advantage Joe Wilson, unless the Obama Administration comes out and flatly rejects the idea that they'll grant the waiver request. Anyone want to place some bets on how that's going to go?

No kidding, huh?

People tend to be happier on the weekend than during the week, according to new research published by the National Bureau of Economic Research.

I'm glad the National Bureau of Economic Research is here to tell us these important things.

A Rifle Behind Every Blade of Grass

"You cannot invade the mainland United States. There would be a rifle behind every blade of grass." - often attributed to Isoroku Yamamoto 

In the wake of my previous post about the suit against the City of Columbia's temporary weapons ban, I've had quite a few conversations about generally carrying concealed weapons and being a CWP holder.

Usually, when I have these conversations, I am going back and forth with people who are against carrying handguns. I mean, it does no good to just sit around and talk with people who agree with you. That's boring. In these conversations, it's hard to break through to an anti-gun person who simply has their mind made up that guns are bad. For instance, I've had people compare being a CWP holder to being a drunk driver on the theory that there will ultimately be a gun-related accident. You can't really reach those people, or at least I haven't figured out how.

However, there are a lot of people who don't have their views so set in stone. I'm hoping to reach those people.

I've also been thinking about the unarmed Marines who were shot last week in Chattanooga, TN. It boggles my mind that the United States Marine Corps has to try and hide while calling the local sheriff's office to deal with a crazy ISIS-inspired shooter who arrives at their doorstep.

So what do these carrying concealed have to do with the shooting in Chattanooga?

First, I think we would all agree that the current threat from ISIS and other similar terrorist organizations (include the crazy white supremacist Dylan Roof, too) is a wide threat. The list of potential targets is vast. ISIS has specifically called on "lone-wolf" style attacks to sporadically and seemingly at random, attack targets of opportunity here in the United States.

Law enforcement cannot be everywhere all the time. They aren't designed to be an omnipresent force. So when the threat is a nebulous threat that can strike with small attacks across a wide range of targets, you have to have a defense that counters that threat.

Enter the private, armed citizen. You go about your routine business all day long, going to work, the store, and other errands. The more good citizens we have who are capable of responding to threats, the better our defense will be. You're going to be somewhere, so make your presence a small part of the network of defense. If a normal civilian had been at that mall in Chattanooga, he or she might have been able to stop the attacker.

You are already at the scene of wherever you are. Rather than being a bystander who is forced to dial 911 on their iPhone and wait for the police, be a first responder. Have the ability to protect yourself and others. You don't have to be a bystander - you have the choice to be a first responder.

Now, this means that you have to know how to properly, safely, and competently use the firearm that you decide to carry. You can't just go buy a gun and say Mission Accomplished. You have to train. You have to be prepared. You have to know what the heck you're doing. Just buying a guitar does not make you a musician. You have to learn how to play it.

If more people carried concealed weapons in a responsible manner, we would be better prepared to deal with these sort of widely scattered attacks that happen with no warning. You're already there. Decide if you're going to be part of the background or part of the solution.

I need to get the range again.

Here's a copy of the filed Complaint and Motion from the suit against the City of Columbia's temporary weapons ban

Today, Brad brought my attention to the suit that has been filed against City of Columbia's temporary weapons ban around the Statehouse grounds.

The backstory is that the City of Columbia was concerned about violence occurring in the wake of the Confederate Flag coming down, that they passed a temporary (30 day) emergency ordinance that prohibited "dangerous weapons" in an area 250 feet extended from the Statehouse grounds. You already cannot carry a firearm on the Statehouse grounds. When I first saw the ordinance, I just kind of rolled my eyes. I can't solve all the world's problems.

Now, someone with even more of a bee in their bonnet than me (hard to imagine, right?) has filed a suit challenging the ban.

The filed pleadings are here.

It's fairly compelling. I think the strongest argument is the fact that SC Code 23-31-510 states:

"No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things"

Right there, state law clearly says that municipalities don't get to start regulating where you can carry firearms - which is exactly what the City of Columbia did.

I'd probably grant summary judgment on the whole thing on that issue alone. I'll be interested to see what the City's response is. The suit also makes a good argument about the fact that "dangerous weapon" is not defined in the ordinance, nor does the ordinance have any reason for why it is 250 feet and not larger.

The thing is, the City Council just wanted to do something, or look like they were doing something and they didn't really think about the legal issues involved. The problem is that they don't have any downside for passing laws like this. I mean, what does Mayor Benjamin care if the law is ultimately struck down? He doesn't have any downside, personally. It's not like he has to hire a lawyer and defend the suit. He probably doesn't care.

Semper Fi

Today, the United States Marine Corps lost four men at the hands of an enemy of the United States.

 

At some point we have to do something. At some point, we have to act. The enemy is killing our service-members. At some point, we have to decide to fight back. What does it say that these Marines were unarmed and had to resort to calling civilian law enforcement to protect them? We trust them with national secrets. We trust them to face gunfire and horrors unknown to civilians. We trust them not to engage in a coup. Yet we don't trust them, on base and while on duty, with weapons?

Marines should not have to call for help. They are the ones who knock.

Lord God,

Grant mercy to those who now come to your gates. Grant healing to the wounded, as many of the wounds will be invisible. Grant peace and comfort to the victims and their families.

Amen.

Splitting Wood and Being in the World

"Then there is the smell of forest air, the damp rot of fallen trees, and of course the sharpened attention to the sound, smell, and texture of the wood fibers giving way beneath the steel edge. While by no means the only way into such awareness, axe practice is very much being in the world."

I know it sounds weird when I say that splitting wood is a wonderful way to relax, but it is. Feeling what is heavy wood splitting beneath the swing of your axe (or maul) is a wonderful feeling. You feel it, more than think about it.

It's sensory. Every part of your body works together to put the swing together, starting up from your toes, coiling your legs, up through your core, and culminating as you whip the your arms and blade down onto the bucked log section, focusing on exactly where you want the edge to fall.

You don't get that same feeling drafting a motion for summary judgment on the office computer, or even arguing in Court. Being outside and feeling the sun shine on your back while splitting wood and enjoying the fresh smell of the wood being opened up is hard to beat.

We should try and not let our iPads and laptops shackle us inside all the time. Be in the world.

Seven Essential Southern Albums

I'm not so sure about Outkast being on this list, but otherwise, it's not bad.

News Roundup, Monday, July 13, 2015

Happy Monday. Time to get back in the saddle.

Here is your news for today:

1. Greece might be sent to "time-out". Reports are coming in that if "time-out" doesn't work, the Germans will increase the consequences to "No television for a week" and then "No going over to play with your friends in Italy for a month".

2. Scott Walker is announcing his candidacy for President today. At this point, it might be more helpful if we just got a show of hands from Republicans who aren't running for President.

3. Some bird-brain at a flea market in CT was so offended by the Confederate Flag he saw, he called 911.  I'm not sure what he expected. Did he think think the secret police were going to come in and haul everyone off to jail?

4. The FBI admitted that their incompetence was the reason Dylan Roof was allowed to buy a gun. Please, tell me more about how we need more background checks, though.

It is finished.

There you have it.

We now return you to your regularly scheduled political bickering.

How much should we really be congratulating ourselves?

“Governor Haley and members of our General Assembly deserve the highest praise from our citizens. They will be able to carry with them for the rest of their lives deserved pride for this historic and healing action.”

Yeah, it's a good thing. But how much should we congratulate each other for putting an end to something we weren't supposed to be doing anyhow?

Federal Judge Hanen is here to kick ass and chew bubblegum...and he's almost out of bubblegum.

Judge Andrew Hanen

If you weren't aware, there's a case pending in Federal Court (in Texas) about the questionable legality of President Obama's action to grant legal status to illegal aliens.

At the initial stage of the suit the Judge asked the Government if it was going to be necessary to issue a temporary injunction on the issue, which would halt the issuance of green cards while the case was pending. Basically, the lawyers for the Government said "Oh no, Judge Hanen. That's not necessary. There's no need for a formal injunction. We'll just voluntarily hold off on doing anything for now. You've got our word on that."

And then Obama issued some green cards to illegal aliens under the program. As you can imagine, Judge Hanen was understandably miffed. He (rightly) felt like he had been misled by the lawyers for the Government. So, he issued a formal injunction. Problem solved, right? No one would violate an existing Federal Court's order.

But that's exactly what DHS did. They issued some more green cards after the injunction.

So now, Judge Hanen, having been tricked once, is now requiring that each individual defendant named in the suit personally appear in his courtroom at the next hearing to explain why they shouldn't be held in contempt.

Quoting from the order:

Nevertheless, it is shocked and surprised at the cavalier attitude the Government has taken with regard to its “efforts” to rectify this situation. The Government promised this Court on May 7, 2015, that “immediate steps” were being taken to remedy the violations of the injunction. Yet, as of June 23, 2015—some six weeks after making that representation—the situation had not been rectified. With that in mind, the Court hereby sets a hearing for August 19, 2015, at 10:00 a.m.

Each individual Defendant must attend and be prepared to show why he or she should not be held in contempt of Court. In addition to the individual Defendants, the Government shall bring all relevant witnesses on this topic as the Court will not continue this matter to a later date. The Government has conceded that it has directly violated this Court’s Order in its May 7, 2015 Advisory, yet, as of today, two months have passed since the Advisory and it has not remediated its own violative behavior. That is unacceptable and, as far as the Government’s attorneys are concerned, completely unprofessional.

(emphasis mine)

Here's the part I like:

If the Government remedies this situation and comes into compliance with this Court’s injunction by July 31, 2015, it shall include a summary of that situation in the July 31, 2015 report to the Court. If the Court is satisfied with the Government’s representations, it will cancel the August 19, 2015 hearing. Otherwise, the Court intends to utilize all available powers to compel compliance.

(again, emphasis mine)

Let me do my lawyer thing and explain to you what that last sentence really means. What it really means is "If y'all don't get this situation fixed, someone's ass is probably going to jail."

Criminal defense lawyers have a saying that applies to legal ethics, when they get asked to do something shady to protect a client. Someone might be going to jail, but if someone is going to jail, just make sure it isn't you. All I can say is that I would be working night and day to get this fixed if I were one of the named Defendants and/or their lawyers.

If they don't, the hearing on August 19 is going to be mighty interesting.

"The new South Carolina was born in that moment, in that courtroom. Hatred and death didn’t bring it into being. The love of the living did."

"A chain reaction of grace started there, and its radiance shone forth from Charleston. The nation marveled: Why were they not seeing another Ferguson, another Baltimore? How can this black-white lovefest be?"

Read more here: http://www.thestate.com/opinion/op-ed/article26681125.html#storylink=cpy

I have a few ideas of my own, Mr. President.

The "smartest President ever" really keeps saying stupid stuff.

"Ideologies are not defeated with guns, they are defeated by better ideas — a more attractive, more compelling vision," he said.

What? Huh? It's like the President hasn't really progressed platitudes from the Freshman Late Night Dorm Room Bull-Session. When confronted with hateful evil ideologies, our ideas are better than guns? I can't decide if this is incredibly dumb, incredibly naive, or incredibly dangerous. It may be all three.

If I was a snarky Air Force armorer/ground crewman, I'd start labeling the bombs "better idea."

I might disagree with Obama's strategy for defeating ISIS, but I haven't really heard anything beyond vanilla platitudes that mean absolutely nothing, and are in some cases just dumb.

I mean, what is this baloney about ideas defeating other ideas? Are we talking about the "marketplace of ideas" like we're in an election against ISIS or something, and maybe the better candidate will get more votes? Because ISIS isn't running for office. They're killing people in barbaric ways because they enjoy it, and/or they think some twisted God requires it, and Obama wants to run a negative advertising campaign. You can't blame him, I guess. It worked against Romney.

You can't reason someone out of a position that they didn't reason themselves into. You're not going to defeat ISIS by hosting a debate and convincing them of anything. The thing is, Obama just isn't serious about fighting ISIS. He doesn't want to do it. However, he's politically forced to pay lip-service to the idea of fighting ISIS, because he doesn't have a better idea of his own. So we get silly little fortune-cookie wisdom from the Commander-in-Chief.

Let's recap some minor conflicts where men with guns defeated some bad ideas:

1. Slavery and the Civil War: Close to home, here in South Carolina we have a distinct memory of General Sherman defeating the ideology of the Confederate States of America by burning everything in his path from Atlanta to Savannah. Also, Gettysburg and Vicksburg are good examples of men with guns killing other men with guns and the result was the destruction of the idea of rebellion.

2. Naziism and WWII: Remember that time that Hitler and the Germans got the idea that they were going to take over Europe and probably the rest of the world? You do? Oh, then you also probably recall how we defeated them with our better ideas. Specifically our ideas involved sending thousands of men to Europe with guns and shooting them and bombing them back to the stone age. It worked out that our idea beat their idea.
 

You know what really discredits ideologies? Accepting their unconditional surrender, occupying their capital, laying waste to their cities, and defeating their armies. That's a pretty good template.

It worked for the Romans at Carthage, the Greeks at Salamis, the British at Waterloo, and the Federals at Gettysburg. It even worked pretty well for the ol' rag-tag Continental Army one Christmas at Trenton, NJ.

Maybe we should just give that a try after the negative advertising campaign. Just an idea...

The Godfather and the Southern Code

Confederate dead at Antietam - 1862

Brad has a post up at his blog (which has been mostly Confederate-Flag related posts for the last week or so) about the origins of South Carolina's secession.

The point of his post is to make it clear that slavery was the impetus for succession. To paraphrase our current President: Let me be clear, I agree that secession was entirely about protecting the institution of slavery. Full stop. Protecting the institution of slavery was obviously the basis for the secession. All the theoretical arguments for secession (legal, political, or otherwise) were simply post-hoc justifications for the act itself. Anyone who claims otherwise is not being honest. With me so far? Good.

Now, I'm going to try and make a fine distinction that's probably going to get a lot of people upset:

I don't think that slavery was a direct reason that great many Southern men fought in the Civil War.

I think slavery was a proximate cause for their fighting, because it was the origin of the war. So, while the origin of the war was a profoundly vile thing, I don't think it was the direct motivation for the men you see above. In fact, it may not have been a factor at all.

I think the primary motivating factor for a great many Southern men to take up arms was the idea that they were supporting "their people" even before their own thoughts or principles.

"Their people" was generally the community they identified with, be it family, region, or State. It's a little bit like the code expressed in The Godfather where Michael cautions Fredo, "Don't ever take sides with anyone against the family, again." That old Sicilian code permeated the Old South. The South's Code of Honor did not allow men to simply walk away from the impending war.

Even if a young Southern man did not own slaves (many did not) and even if he believed slavery to be immoral, he was honor-bound to take up his arms and fight for his people. And a young man, doing his duty, he went to war without needing to believe in the fundamental reasons for the war. All he needed to know was that he was not betraying his family, his people, his state.

In that time, I don't think we had fully joined as a nation yet. We still thought of ourselves as Virginians, like Lee did.

With all my devotion to the Union and the feeling of loyalty and duty of an American citizen, I have not been able to make up my mind to raise my hand against my relatives, my children, my home. I have therefore resigned my commission in the Army, and save in defense of my native State, with the sincere hope that my poor services may never be needed, I hope I may never be called on to draw my sword...

That's Lee telling us that he can't take sides against the family, ever.

Obviously, this "code" is complete crap.

But it did exist. And it did motivate men to fight. It's wrong for us to judge the men who fought and project our current code of conduct and morality onto them. The men you see lying dead in that grass probably didn't own slaves. Their opinion on the morality of slavery wasn't even relevant.

The thing is, there's a difference between the origins of the war (slavery) and the main reason Southern men fought (honor/peer-pressure). And that difference permeates into how we see the Confederate Flag in different lights. We all are shaped by our own experience and our own identity. 

I'm sure that some black people see the Confederate Flag in a dim light, probably flickering torchlight, with white hoods in the foreground. I'm equally sure that some white people see the Confederate Flag in a positive light, as a banner their ancestors died under. Neither of these views are wrong.

In our case, we have the flag on the capitol grounds, which gives it the official sanction of our state government, and we should not give such symbols that sort of license.

However, if you're going to try and convince an honest flag-defender to take the flag down, going on about the reasons for secession is not the right argument. You're not reaching him, because the Confederate Flag, to honest defenders, is not about secession. It's about the honor of men.

Reach them on that level, and you will win a convert.

Who has a bigger problem: Greece or the EU?

The Greek Finance Minister is insisting that "the talks broke down because the creditors refused to face up to the fact that Greece's debt is unpayable".

So who has the bigger problem: Greece, or the EU? At some point, the EU countries have obligations to their own citizens not to continue to throw good money after bad. However, they have a very real crisis that could happen on their doorstep if Greece descends into an economic meltdown, which seems to be in its initial stages.

It's like that old joke -- When If you owe the bank $100 that's your problem. If you owe the bank $100 million, that's the bank's problem.

Frederic Remington Open Thread

Real busy today. Will likely have time for more blogging tomorrow. Until then, enjoy some art.

Fall of the Cowboy - Frederic Remington

How Bad is the Freaking F-35? It's Pretty Freakin' Bad.

On the scale of military disasters, it ranks somewhere between the Charge of the Light Brigade and the Bay of Pigs Invasion.

Yeah, it's a full-scale clown show.

If you didn't know, the F-35 is supposed to be the new aircraft that the Air Force, Navy, and Marines are going to use for everything. It's supposed to be the air-superiority fighter and our air-to-ground strike aircraft.

Accordingly, if you're keeping score at home, that's a single aircraft for service across three branches of the military, and at least two distinct roles. It's essentially being asked to do everything in one platform. Which, I don't have to point out, is a horribly dumb-ass idea. But, it's a horribly dumb-ass idea. One plane can't be all things to all people. You don't need to be a rocket scientist to figure that one out.

So, the F-35, as the aircraft of the future is supposed to replace lots of different aircraft. One in particular is the venerable F-16. The F-16 was designed in the 1970s and is our current highly-maneuverable, light fighter aircraft that we use for basic air superiority. You would think that the new F-35 that we've spent over One Trillion on would be better, right? Yes. One freakin' Trillion dollars. I think you have to put your pinky finger up to the corner of your mouth when you say that. But you would think it would be better than the aircraft its replacing, right?

Well, in point of fact, no.

Apparently, the federal government has managed to spend over a trillion dollars to produce an aircraft that is inferior in air-to-air combat that the very aircraft that it's supposed to replace. How do we know this? Well, they had a little mock dogfight.

The F-35 was flying “clean,” with no weapons in its bomb bay or under its wings and fuselage. The F-16, by contrast, was hauling two bulky underwing drop tanks, putting the older jet at an aerodynamic disadvantage.

But the JSF’s advantage didn’t actually help in the end. The stealth fighter proved too sluggish to reliably defeat the F-16, even with the F-16 lugging extra fuel tanks. “Even with the limited F-16 target configuration, the F-35A remained at a distinct energy disadvantage for every engagement,” the pilot reported.

Yeah, it's bad. Oh, and if you're going to reply that dogfighting is obsolete, well, the last time dogfighting was considered obsolete was Vietnam. Many pilots died because of that thinking.

SCOTUS and Value Judgments

In light of the King and Obergefell decisions, I'm just going to let Justice Scalia say what I'd like to say, because he said it first.

"What makes all this relevant to the bothersome application of "political pressure" against the Court are the twin facts that the American people love democracy and the American people are not fools. As long as this Court thought (and the people thought) that we Justices were doing essentially lawyers' work up here--reading text and discerning our society's traditional understanding of that text--the public pretty much left us alone. Texts and traditions are facts to study, not convictions to demonstrate about. But if in reality our process of constitutional adjudication consists primarily of making value judgments; if we can ignore a long and clear tradition clarifying an ambiguous text, as we did, for example, five days ago in declaring unconstitutional invocations and benedictions at public high school graduation ceremonies, Lee v. Weisman, 505 U. S. ___ (1992); if, as I say, our pronouncement of constitutional law rests primarily on value judgments, then a free and intelligent people's attitude towards us can be expected to be (ought to be) quite different.

The people know that their value judgments are quite as good as those taught in any law school--maybe better. If, indeed, the "liberties" protected by the Constitution are, as the Court says, undefined and unbounded, then the people should demonstrate, to protest that we do not implement their values instead of ours. Not only that, but confirmation hearings for new Justices should deteriorate into question and answer sessions in which Senators go through a list of their constituents' most favored and most disfavored alleged constitutional rights, and seek the nominee's commitment to support or oppose them.

Value judgments, after all, should be voted on, not dictated; and if our Constitution has somehow accidentally committed them to the Supreme Court, at least we can have a sort of plebiscite each time a new nominee to that body is put forward."

-Scalia's dissent in Planned Parenthood v. Casey

Indeed.

Why I Support Term Limits (From Ace)

"I think term limits are good. I think that people suck up the attitudes and bigotries of those they see all the time. People form a society, and then attempt to advance socially by the rules of that society. These long-serving professional politician motherf***ers form a society with other long-serving professional politician motherf***ers, and adopt each others mores and bigotries, including hatred of us, the non-political-class.

The longer someone serves, the further he moves from the person who deserved to be elected and the closer to someone who needs to be run out of town and tarred and feathered.

There is an actual evil in some places. I don't mean supernatural evil, but if you, horrible thought, were in prison for six years, you would indeed begin to adopt many attitudes and thoughts of prisoners.

A place where you take other people's money and spend it to feather your own nest is an evil place. People should know that money comes from hard work and the voluntary agreement with other folks to exchange goods and services for money. They need to feel that, and after six years playing by Capitol rules where money is gotten by swindle and menace, they forget that.

We should strictly limit how long we let people serve in such places. We let these people sit in monster-factories for a decade, and then wonder why they went bad."

-Ace

Staying Busy - My "To Do" Blog List

Yeah, this is about how many things I have going on right now. No worries, though -- that's the life of a litigator.

Unfortunately, it's keeping me from blogging about all sorts of interesting things. No, not the flag. I've kind of said my peace on that, and it is what it is. I really can't take talking about it anymore. It's so beaten to death that we're now seeing everyone go bananas about other things. I'm not talking about it any more.

We've got some actual interesting issues going on, and I just haven't had time to really give them an in-depth discussion. For instance:

1. James Horner died the other day. He was one of the best composers for music in the movies ever. If there's a Mt. Rushmore for movie music composers, Horner has to be on it. He's a legend. I love Outlawed Tunes on Outlawed Pipes, and there's so much more.

2. I want to get a post up about the new book that I'm reading listening to. It's the story of Jimmy Doolittle, Charles Lindbergh, and Eddie Rickenbacker. I knew the basics about these guys, but their life stories are amazing.

3. BBQ Chicken. Yeah, I made some phenomenal BBQ chicken on my Weber Smokey Mountain, and I need to do a play-by-play blog post on this because it's that good. If only I had the skills of this guy behind the camera. Soon...

And that's just for starters. I still need to get the pictures up from the Beaufort Air Show. My new goal is to get them up before the next air show.

Lee's General Order No. 9

Portrait of Gen. Robert E. Lee, by Edward Pine, On display at Lee Chapel, Lexington, Virginia

It looks like there is now overwhelming political support at all levels in South Carolina to remove the Confederate Battle Flag from its current location. Good.

The banner has been poisoned by hatred to an extent where it no longer inspires reverence for dead men.

If there is truly a two-thirds majority to remove the flag in the SC legislature, then I hope that the members of the legislature who would otherwise hold out, would not do so. I hope they find inspiration from from General Lee, and not be drug along, kicking and screaming, when their vote would do no good.

When the outcome of the fight is no longer in doubt, my advice is to accede gracefully.

Headquarters, Army of Northern Virginia, 10th April 1865.
General Order
No. 9

After four years of arduous service marked by unsurpassed courage and fortitude, the Army of Northern Virginia has been compelled to yield to overwhelming numbers and resources.

I need not tell the survivors of so many hard fought battles, who have remained steadfast to the last, that I have consented to the result from no distrust of them.

But feeling that valour and devotion could accomplish nothing that could compensate for the loss that must have attended the continuance of the contest, I have determined to avoid the useless sacrifice of those whose past services have endeared them to their countrymen.

By the terms of the agreement, officers and men can return to their homes and remain until exchanged. You will take with you the satisfaction that proceeds from the consciousness of duty faithfully performed, and I earnestly pray that a merciful God will extend to you his blessing and protection.

With an unceasing admiration of your constancy and devotion to your Country, and a grateful remembrance of your kind and generous consideration for myself, I bid you an affectionate farewell.

— R. E. Lee, General, General Order No. 9

Bid the flag an affectionate farewell. Allow it to exit gracefully.

Charleston Shooting

I'm sure you've seen the news about the shooting at the Charleston Emanuel AME Church.

Other than to say there's a special place in hell for a person who kills people while in prayer at Church, I don't know what to say. Hopefully, law enforcement finds this guy post-haste.

Quote of the Day - Capitalism and Greed

From Uncle Milton, of course.

“Well first of all, tell me: Is there some society you know that doesn’t run on greed? You think Russia doesn’t run on greed? You think China doesn’t run on greed? What is greed? Of course, none of us are greedy, it’s only the other fellow who’s greedy. The world runs on individuals pursuing their separate interests. The great achievements of civilization have not come from government bureaus. Einstein didn’t construct his theory under order from a bureaucrat. Henry Ford didn’t revolutionize the automobile industry that way. In the only cases in which the masses have escaped from the kind of grinding poverty you’re talking about, the only cases in recorded history, are where they have had capitalism and largely free trade. If you want to know where the masses are worse off, worst off, it’s exactly in the kinds of societies that depart from that. So that the record of history is absolutely crystal clear, that there is no alternative way so far discovered of improving the lot of the ordinary people that can hold a candle to the productive activities that are unleashed by the free-enterprise system.”

Indeed.

Test your knowledge of George Orwell's 1984

Here's the quiz.

I got 9/10 right, missing the one about the origins of the name of Room 101.

Reasons the VA Building in Columbia Will Become a Parking Lot

The VA office at the corner of Laurel and Assembly street might become a parking lot.

The federal government plans to demolish the former Veterans Affairs regional office in downtown Columbia to make way for a parking lot, a move that upsets Mayor Steve Benjamin.                                                                                                                                                                                                                                                    The agency moved its 400-employee regional office to a new site off Garners Ferry Road in 2009. But some call center employees originally remained in the five-story, 67-year-old building, at the corner of Assembly and Laurel streets near downtown’s main post office.

The U.S. General Services Administration, the landlord for federal buildings, is seeking bids for $2 million to $3 million in work to tear down and grade the downtown site to “create new surface suitable for a future parking lot,” according to a proposal.Now, however, the building is empty.

First of all, I've been taking both of my children to the Strom Thurmond Federal Building (adjacent to this VA Building) for about the last three years. I had no idea that the VA building was completely empty. I mean, I never saw anyone coming in or out, but I just kind of figured a huge office building in downtown Columbia would be in use. So, that just blow my mind.

As for the parking lot idea, I spoke with one of the security personnel at the Strom Thurmond Federal Building about it. He said that GSA wants to make it a parking lot because (1) parking lots are cheaper to maintain than buildings; (2) they are good from a security standpoint; and (3) it will likely be used to allow the parents of children at the day-care at the Strom Thurmond Federal Building to have some dedicated parking for pick-up and drop-off. This is all from my first hand conversation with a security guard at the Strom Thurmond Federal Building. He told me all this, and then concluded with "I really wish they would just put a place to eat there. There's nowhere around here to get a hot meal."

So that benefits...me and my kids.

In any event, I thought I would at least pass along what I heard from the federal folks. I know that most Columbia residents aren't thrilled with the idea of a parking lot right there, but I'm pretty sure the federal government doesn't really care about what anyone around here thinks.

Read more here: http://www.thestate.com/news/local/article23622145.html#storylink=cpy

I don't think anyone at the New York Times has been on a fishing boat.

If you think this is a "luxury speedboat", I have bad news for you. You're an idiot.

Why do I think that?

Well, because they think that the boat seen above is a "luxury speedboat".

A publisher paid him $800,000 to write a book about growing up as the son of Cuban immigrants.

In speeches, Mr. Rubio, a Florida Republican, spoke of his prudent plan for using the cash to finally pay off his law school loans, expressing relief that he no longer owed “a lady named Sallie Mae,” as he once called the lender.

But at the same time, he splurged on an extravagant purchase: $80,000 for a luxury speedboat, state records show. At the time, Mr. Rubio confided to a friend that it was a potentially inadvisable outlay that he could not resist. The 24-foot boat, he said, fulfilled a dream.

Now, don't get me wrong. It's a nice boat. But calling it a "luxury speedboat" is just incorrect. It's a center-console fishing boat, and here in America, lots of people have them. The thing that I want to explore is not why the people at the New York Times are idiots. I mean, they are. It's not really a big mystery. No, I'm interested in what they think this story accomplishes. What are we supposed to think after reading this story?

Are we supposed to think that Marco Rubio has too much money, and that he's another out of touch rich guy like Mitt Romney?

Or are we supposed to think that Marco Rubio doesn't have enough money and spends his small amount of money on trifling things?

I don't really think it's the first thing. I mean, clearly, he doesn't have as much money as the multi-millionaire Hillary Clinton. Because if we want to get into a debate about which candidates have luxury living, I'm pretty sure Hillary Clinton walks away with that prize.

So it has to be the second thing, right? The bird-brains at the NYT want us to think that Marco Rubio is just a small time guy who doesn't have much money but spends what he does have on a "luxury speedboat" to fulfill a dream.

The thing is, not having a lot of money and buying something like a fishing boat anyway probably describes a lot more Americans than you think.

This picture describes how busy I am right now

So just take a number, and a blog post with content will be with you shortly.

Tiger Woods shot the worst round of his career over the weekend

85.

That's a big number.

I'm so old, I remember when everyone was predicting that Tiger was going to so easily pass Nicklaus' record of PGA major wins.

By all accounts, it's only a matter of time before Tiger Woods breaks Jack Nicklaus' record of 18 major golf championships. So we looked at all the angles and can now project when he is most likely to claim the record. Here's a look.

Just by the numbers

Tiger has averaged 1.18 major victories a year since his first major in 1997. Rounding that down to one a year, if he only follows form, he'll tie Nicklaus in 2012 and break the mark in 2013. 

Now, it's been about seven years since Woods won a major (2008)...and he's 39 years old.

Time catches up with everyone.

Joint Base Charleston had a massive C-17 exercise

C-17s Flying over the Ravenel Bridge in Charleston

We're talking big planes, and lots of 'em. Yes, that's a real picture. You can see more at the link.

Everyone is running for President

Maybe I should announce my candidacy since I have about as much chance to be president as some of these folks. I guess that means I'll need a platform of some sort.

Hmmm.....

SC DOT Secretary Resigns

Can't anyone here play this game?

What is the deal with the SC DOT? The last guy left after a DUI charge, and now this Secretary has left to spend more time with her family after about a year on the job?

What is going on over at DOT? Can someone with some competency please run the department? Fix the roads, make sure the bridges and stuff are safe, and that's it. We're not trying to operate NASA and engineer a moon landing, here.

Roads and bridges. Just do it. Quit foolin' around.

Vince Vaughn on the Second Amendment

Vince Vaughn in the upcoming Season 2 of True Detective

The star of the upcoming Season 2 of True Detective on gun control:

I support people having a gun in public full stop, not just in your home. We don’t have the right to bear arms because of burglars; we have the right to bear arms to resist the supreme power of a corrupt and abusive government. It’s not about duck hunting; it’s about the ability of the individual. It’s the same reason we have freedom of speech

Yeah, this is pretty basic stuff, but it's surprising to me to the extent that a big Hollywood actor said it. You don't just go around Hollywood and say things like this. It's just not done. People might get the wrong idea, and think you're some kind of...conservative.

Vaughn is either an A-list actor or just on the bubble of being an A-lister. Either way, it's indisputable that he's a big star. We all know that Hollywood isn't the most friendly place for people who happen to have conservative viewpoints. 

It would certainly be easy for Vaughn to simply go with the mainstream liberal opinion in Hollywood, but he didn't. My theory is that he's now at least a big enough star that the liberals in Hollywood will (have to) overlook his politics because he's a huge box-office draw.

In any event, kudos to Vaughn for speaking his mind. Oh, and Season 2 of True Detective should be interesting. I'm really curious to see if a guy known for comedy can pull off a transition to a darker drama.

Back from Traveling Open Thread

I've just returned from traveling to the flood-soaked Arkansas-Louisiana-Texas area for the last several days.

I just got back to Columbia last night at about 3:00AM this morning, so bear with me. Content will be here, eventually.

Deep Thought for the Day

Would Batman be a better superhero if he was bitten by a radioactive bat and had bat-powers instead of just dressing up in a bat costume?

"Over the past two decades, major newspapers across the country have seen a recurring cycle of ownership changes and steep declines in value."

At first you go bankrupt slowly, then it happens all at once.

Early Memorial Day Weekend Open Thread

Most of the legal world around Columbia appears to have already bugged out for the three-day weekend.

I'm not going anywhere, so my plans include some shooting, some hammock time, and smoking some meat. I know that everyone (including me) is going to enjoy some time off from the normal routine of work on Monday. By all means, have fun. Enjoy yourself and enjoy the time with your family. But, even if it's just for a moment, stop for at least second to remember why we have this weekend.

The Waco Fight/The Brady Bunch

I made an observation that this photo kind of reminded me of the Brady bunch intro photo. Here, take a look:

See what I mean? How funny would it be if the bikers in the top were animated to look around at each other? Anyway, that got me thinking. We need a song for the whole Waco incident. So...here you go.

"If the Obama Administration loses in the Supreme Court, the political pain will fall almost exclusively on the President and his Party. To paraphrase Colin Powell and the Pottery Barn rule, President Obama will have broken health care, so he owns it."

Jeffery Toobin invokes the Pottery Barn rule in writing about the King v. Burwell case and says that Obama will take the blame for the bad parts of the law.

I'm not so sure. If the Court finds in favor of the Plaintiffs, the Democrats and the media (but I repeat myself) will push the idea that the Republicans must figure out how to fix the law.

Wednesday Midday Open Thread

Kind of slacking off today, as far as the blogging goes. I've got some posts that I need to write, but as I mentioned...I'm kind of slacking off.

Sorry about that.

Gear for Guys: The Gentleman's Sidearm

Your father's 1911. This is the weapon of a Jedi Knight. Not as clumsy or random as a Glock; an elegant weapon for a more civilized age. For over a thousand generations, the Jedi Knights were the guardians of peace and justice in the Old Republic. Before the dark times... before the polymer guns.

Developed over a hundred years ago, the 1911 pistol is still about as good as it gets when you're looking for good sidearm. Reliable, accurate, and well-made. If Arthurian knights lived today, they would carry a Colt 1911.

The next firearm I buy will very, very likely be a 1911 like this.

Not Yours To Give: Davy Crockett on The Role Of Government

...Crockett was then the lion of Washington. I was a great admirer of his character, and, having several friends who were intimate with him, I found no difficulty in making his acquaintance. I was fascinated with him, and he seemed to take a fancy to me. I was one day in the lobby of the House of Representatives when a bill was taken up appropriating money for the benefit of a widow of a distinguished naval officer. It seemed to be that everybody favored it. The Speaker was just about to put the question when Crockett arose. Everybody expected, of course, that he was going to make a speech in support of the bill. He commenced:

"Chlorine itself historically has not been listed as a chemical weapon."

Apparently, this scene from the Second Battle of Ypres does not show any chemical weapons in use.

Weapons grade stupidity on display here from the Smartest President Ever.

Are you freakin' kidding me?

Someone needs to tell the Smartest President Ever to go read a book about WWI. German soldiers used 150 tons of deadly chlorine gas in The Second Battle of Ypres. I mean, not only is chlorine gas a chemical weapon, it was the first chemical weapon.

The Fourth Amendment and open carry of guns

On a midsummer evening, Shawn and Denise Northrup went for a neighborhood walk with their daughter, grandson, and dog. Apparently in a happy-go-lucky mood, Shawn wore a t-shirt reading, “This Is The Shirt I Wear When I Don’t Care.” Shawn carried a cell phone, which he holstered on his hip — next to a black semiautomatic handgun.

Tuesday Open Thread (Drink a Beer for Me)

Been hard at work today. There's still more in store, though, so have a beer for me.

Someone out there needs to have a little fun, right?

News Roundup 5/11/15

You don't need a cross guard, bro.

It was a busy Monday. Here's a few headlines:

1. The NFL suspended Tom Brady four games for cheating. In other words, the Patriots will go 12-4 and make the playoffs.

2. Mark Halperin conducted the dumbest interview ever. How dumb was it? Well, when even the folks at Think Progress call it "the most racist interview of 2016" you're doing something wrong. (Meanwhile, Hillary Clinton hasn't answered a question in 20 days. Good times.)

3. Bob Owens wrote a good piece in the LA Times about why Glocks might not be the best idea for duty pistols. If you've never shot a DA revolver, you probably have no idea what he's talking about.

4. Remember the cross-guard on the sith lord's lightsaber in the new Star Wars movie? (above) If you know what I'm talking about, watch this.

So there you go. Something sports, something politics a/k/a retarded, some gunny stuff, and a movie thing.

See you later, campers.

What to do with the jihadists? Stonewall Jackson has a solution.

It's quite simple, actually.

Stonewall Jackson was outraged. His entire body shook in anger as he looked around him at what had been done to the city of Fredericksburg. He saw the pianos and the works of art and the crystal chandeliers smashed and ruined on the streets. He saw elegant furniture that had been wantonly vandalized and the remains of elegant, leather-bound books that had been burned for kindling. But it was the churches – the churches – that infuriated him most. Houses of God were pocked with bullet holes and charred by cannon shot. This was a crime against God – a despicable blasphemy – and it very nearly made him weep.

Dr. McGuire, who was seldom far from Jackson’s side, shook his head in revulsion. “What can we do about this kind of barbaric behavior?”

Jackson’s voice trembled. “Kill ‘em,” he said. “Kill ‘em all."

Indeed.

Eugene Volokh is telling you again...for the last time.

Eugene Volokh has a piece on his blog in the WaPo where he drops some knowledge on everyone about the the First Amendment and the erroneous idea of a "hate speech" exception. When you read his piece, it kind of has the tone of an exasperated father telling his child something again, and again.

I've told you before that you have to wash your hands before you eat. Again, for the last time, go wash your hands...

Tribute Song to the Dead Jihadists Out There in Garland, TX

Too soon?

Nah.

Kids Don't Remember Their Best Day of Television

Go do something.

"You’re just not going to convince me that the right and true and 'courageous' way to stand up to terrorism is to go out of your way to offend hundreds of millions of Muslims who are NOT terrorists, and mean you no harm."

So says my good friend, Brad Warthen about the attempted mass murder of people drawing cartoons.

A couple of things. First, I think that Brad is more concerned about the tone and style than he should be. Now, that probably has to do with the fact that Brad is a really nice guy. He's a very polite person. 

If you met him in person and said something that he seriously disagreed with, he probably would just give you a polite smile and let the pitch go by. He wouldn't start big argument with you in a social setting, because it's considered impolite to start political arguments in social settings. He's right about that, too. For the most part, it's a good idea to try and get along with other people. I have that instinct, too, but probably not to the same extent.

For instance, it's probably not the most agreeable thing for a practicing lawyer to have a blog like this and take various positions that I take. I'm sure it makes some people around me (including my wife) uncomfortable at times.

I kind of vacillate between trying to the the go-along, get-along guy and the guy who doesn't care what you think of me. Part of me wants to be the Conventional Guy, with all the conventional thoughts, because that's what advances you in life - especially when you're a lawyer. People want their lawyers to be Buttoned Down People for the most part. They don't want bomb-throwers.

But the other part of me is the bomb-thrower that doesn't care what people think because that part of me isn't seeking the Blessing of Other People. Partly, I think that's me trying to stand independently, and partly, it's me not having respect for some of those Other People because I don't think they've earned the respect.

This go-along, get along mentality is certainly fine, and it has it's place. No one wants to be a social outcast. I don't argue politics at my son's friends three-year-old birthday parties. But there's also a point at which you have to actually stand up for something. If you live in fear of social stigma your entire life, you're going to be easily pushed around. This is why political correctness is actually a powerful force.

There are so many people who are afraid of being thought of as "the wrong class of people" that the Perpetually Offended Army can push them around by telling them things like If you say the word "thug" you're a racist. Someone who's a Conventional Guy doesn't want to be labeled a racist, because that's about the worst thing you can be in the year 2015. Accordingly, the Conventional Guy alters his behavior because he doesn't want to be thought of like that.

Note, it doesn't matter if he's actually a racist or not, and it doesn't matter if the use of the word is appropriate or not. All that matters is that the Perpetually Offended Army can push Conventional Guy around.

So now we have Pamela Gellar and her group who push the envelope of free speech beyond what is tasteful and beyond what is polite into a region that is....uncomfortable for Conventional Guy to support. So when the Perpetually Offended Army says that You can't support this kind of....hate speech! It's just not respectful of other people's religion, Conventional Guys like Brad don't want to be thought of as "the wrong class of people", so they focus on the impolite tone and style of Ms. Gellar's speech as offensive.

And that's the wrong place to focus. Here are the facts.

1. Ms. Gellar and her group of people drew cartoons and publicly displayed them.

2. Men shot at her for this public displaying of cartoons.

3. There is no third fact. That's it. There are no other facts. 

Do we really need to say that drawing cartoon is "inexcusable"? Nope! Because they don't need an excuse to draw cartoons. That's allowed. It may not be the way that Brad chooses to express himself, but Ms. Gellar doesn't need to apologize, explain herself, or have an excuse for anything. She's an American, on American soil, expressing her opinion about someone's religious beliefs and conduct.

And people shot at her for doing so. Shot. At. Her.

It's not hard to figure out which side you should be on. And spare me the "but". You're either for free speech or you're only for speech that doesn't make you uncomfortable. The latter makes you an unprincipled hack.

Do I like it when people burn the American flag to make a statement? No. I find burning the American flag to be distasteful and somewhat un-American. However, I think that attempting to ban flag burning is even more un-American than burning the flag. That's how America works.

Respectability is all fine and good, but at some point you have to decide that you are in favor of certain ideals and principles. If other people don't like your ideals and principles, then screw them. I'm reminded of a quote:

"Do you have enemies? Good. That means you've stood up for something, sometime in your life." -Winston Churchill

Maybe we should all be a little less afraid of making enemies these days.

12 Hours Left to Give to Midlands Gives!

If you're one of my Columbia area readers, you've probably seen a few messages from Midlands Gives. It's a great way to give to a community foundation that will directly affect the local quality of life.

There are so many local charities participating in this, you can either generally give, or you can select where you want your gift to be directed. Take a minute to look at all the charities who are participating in the sidebar of the link above. There's something for everyone!

Muscle Car Open Thread

I hope you're having an enjoyable Tuesday. We'll get to some content later.

Maybe.

The "War Between the States" is memorialized in Pickens County, SC

This is a late afternoon post due to the fact that I had to go all the way to Pickens this morning. Interesting little tidbit.

Outside the Pickens County Courthouse, they have a whole bunch of monument and plaques commemorating the citizens of Pickens County who died in every major conflict since the American Revolution. This one caught my eye:

I thought it was notable because although I hear the Civil War called by several different names, I don't see any variations on official monuments. It gives off a slightly different connotation, doesn't it?

After thinking about it a little, "War Between the States" strikes me as almost more precise.  Anyway, I thought it was interesting.

The Last Meeting of Lee and Jackson

Good Morning Campers, it's time to rise and shine.

"The Last Meeting" by Everett B.D.F. Julio - 1869

Today is Saturday, May 02, 2015. On this day in 1863, Thomas "Stonewall" Jackson was wounded by friendly fire while returning to camp after a reconnaissance patrol during the Battle of Chancellorsville.

He died of his wounds eight days later. A little known fact about this event is that he is buried in two places. Shortly following the incident, his left arm was amputated. It was buried at a cemetery at Elmwood Manor near Chancellorsville, VA. After he died, the rest of his body is buried on South Main Street in Lexington, VA. The painting you see above is the famous, romanticized image of Lee and Jackson's last meeting before Jackson is shot.

Friday Afternoon Open Thread

I once asked this literary agent, uh, what kind of writing paid the best... he said, "Ransom notes."

Enjoy your weekend.

Six officers charged by the State's Attorney in connection with the death of Freddie Gray

State's Attorney Marilyn Mosby

The prosecutor filed a big set of charges today.

It looks like the driver of the van has been charged with second degree murder (I assume in relation to his "rough ride" driving of the van); two other officers were charged with involuntary manslaughter, and two others were charged with second degree assault.

Ok, then. Time to let the system play out. Judging from these charges, I would assume that the State's Attorney has more information that the general public does. Here's the part that I think is really interesting, and could be a big deal:

Mosby said Gray was improperly arrested because officers had no probable cause to detain him. Officers found a knife in Gray's pants, but it was not a switchblade, as police previously said, and was legal under Maryland law.

Wow. If that's true, then this story really takes a turn for the prosecution of these guys. If the police didn't even have cause to arrest Gray, then they are in big trouble. That's the kind of thing that is going to make a jury mad.