Free Markets, Free People

Daily Archives: May 8, 2009


About Your Illegal Yard Sale

One of the things I try to consistently feature here at QandO is the depth of intrusion of the federal government into our daily lives. Talk about “mission creep”. There’s little that we do any more that doesn’t seem to involve the government looking over our shoulder and I, frankly, don’t welcome that sort of monitoring or intrusion.

The latest? The Consumer Product Safety Commission has issued a 28 page pamphlet which outlines the result of a recent law (Consumer Product Safety Improvement Act) and its impact.

So if you’re planning on selling your kids old books (or anything else that a kid under 12 might use) and they haven’t been “tested” first, you’re liable to a $100,000 fine. Now I know you’re reading this and saying, “no way. Our government would be that intrusive”.

I guess the best way to counter that is with the CPSC’s own words:

This handbook will help sellers of used products identify types of potentially hazardous products that could harm children or others. CPSC’s laws and regulations apply to anyone who sells or distributes consumer products. This includes thrift stores, consignment stores, charities, and individuals holding yard sales and flea markets.

The next line of defense for those who support this level of intrusion, once that level of intrusion has been exposed in the government’s own words, is “well, how would they enforce it”?

It’s not a bad argument (the answer is selectively), but it misses the real point.

Obviously, it’s unlikely the CPSA goons are going to bust up your yard sale. But putting out a detailed booklet that reserves the right to do so is hardly encouraging about where the implementation of this legislation is heading.

It is about precedent. And, it’s about acceptance. When both are established, it doesn’t require much in the way of the imagination to realize that like any entity which seeks to increase its power, government will soon attempt to stretch the envelope just a little further (further precedent/acceptance).

Wash, rinse, repeat.

~McQ


Car Czar Thuggery (Updated)

rattner

Steven Rattner, the Obama administration’s “Car Czar,” was recently accused of acting, well, rather czar-ishly by White & Case attorney Tom Lauria. Those accusations were later corroborated by others privy to the meetings. Now comes a rather disturbing (and presently unsubstantiated) account of exactly what was said1:

Confronting the head of a non-TARP fund holding Chrysler debt and unwilling to release it for any sum less than that to which it was legally entitled without compelling cause, this country’s “Car Czar” berated the manager of said fund with an outburst of prose substantially resembling this:

Who the f*** do you think you’re dealing with? We’ll have the IRS audit your fund. Every one of your employees. Your investors. Then we will have the Securities and Exchange Commission rip through your books looking for anything and everything and nothing we find to destroy you with.

Faced with these sorts of threats, in this environment, with valued employees in the crosshairs and AIG a fresh, open wound upon the market, the fund folded.

Keep in mind that the non-TARP creditors in the bankruptcy have been forced to lump their fates in with the TARP recipients (emphasis added):

As of last night’s deadline, we were part of a group of approximately 20 relatively small organizations; we represent many of the country’s teachers unions, major pension and retirement plans and school endowments who have invested through us in senior secured loans to Chrysler. Combined, these loans total about $1 billion. None of us have taken a dime in TARP money.

As much as anyone, we want to see Chrysler emerge from its current situation as a viable American company, and we are committed to doing what we can to help. Indeed, we have made significant concessions toward this end — although we have been systematically precluded from engaging in direct discussions or negotiations with the government; instead, we have been forced to communicate through an obviously conflicted intermediary: a group of banks that have received billions of TARP funds.

Rattner’s alleged threats should give everyone some pause. Is it really the case that private companies will be forced to do the President’s bidding or face the full brunt of the state’s police power? Because that’s exactly what’s being alleged. I share the concern of the reporter of Rattner’s comments in that I certainly hope the accusations are inaccurate/misstated/outrageously untrue.

It is my deepest wish at this point that there is nothing about this latest bit of Car Czar thuggery even remotely based in fact- as this would mean that this country has truly and unarguably descended into fascism.

I use this term, “fascism,” quite deliberately. I also use it well aware that many will consider it needlessly inflammatory. Be this as it may, I submit there is simply no other term that properly describes the style and tenor of government emerging both in public and behind once closed doors.

The corporatist model — i.e. where unelected government officials and industry “leaders” fashion economic policy for the benefit of the state as whole, and in complete disregard of, and often quite hostile to, individual liberty — has never died, and is used more often than you might think (e.g. in the creation of energy policy, environmental policy, financial market rules, etc.), albeit in less radical form. That does not mean that Jews or any other disfavored groups will be marched off to concentration camps (opponents of gay marriage not named “Barack” can be forgiven for thinking otherwise). But it does mean that the preconditions necessary to ease the way for totalitarian control are already present. If enough people buy the “myth” presented by those in charge, then more and more power will eventually be ceded to a central authority, who will then have the ability to steamroll any opponents to the collective will. The accusations presented above suggest that Rattner (and one has to presume Pres. Obama), believes that enough Americans have bought the myth as to allow for such bullying. If so, that is a truly disturbing thought to contemplate.

UPDATE: In an article at the WSJ essentially chiding the MSM for failing to dig into this story, Tom Blumer notes the following (my emphasis):

The New York Times, in a report by Michael J. de la Merced and Jonathan D. Glater, does note the threats and Gonzales’s ruling, and has the following at its second-last paragraph.

When the debtholders, calling themselves the Committee of Non-TARP Lenders, made their first public statement last Thursday, they said their group consisted of about 20 investment firms holding about $1 billion. According to their motion to file under seal, the group now claims about $300 million in holdings.

de la Merced and Glater were apparently not curious about the possible reasons why the amount involved, and presumably the number of holders, is significantly lower than it was just a few days ago.

Maybe it’s because the threats are real, guys.

Maybe.

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1 Edited to make SFW.


No Credibility

Not that I’ve ever believed Nancy Pelosi ever had any to begin with, but the “EIT Briefing” scandal puts the final nail in the coffin of her credibility.

Intelligence officials released documents this evening saying that House Speaker Nancy Pelosi (D-Calif.) was briefed in September 2002 about the use of harsh interrogation tactics against al-Qaeda prisoners, seemingly contradicting her repeated statements over the past 18 months that she was never told that these techniques were actually being used.

In a 10-page memo outlining an almost seven-year history of classified briefings, intelligence officials said that Pelosi and then-Rep. Porter Goss (R-Fla.) were the first two members of Congress ever briefed on the interrogation tactics. Then the ranking member and chairman of the House Intelligence Committee, respectively, Pelosi and Goss were briefed Sept. 4, 2002, one week before the first anniversary of the 9/11 terrorist attacks.

Now don’t forget this is the Leon Panetta led CIA making these claims, not a bunch of “Bushbots”. So when Pelosi recently claimed that she had “never, repeat never” been briefed on the techniques used, it just doesn’t square with the record.

More specifically:

The memo, issued by the Director of National Intelligence and the Central Intelligence Agency to Capitol Hill, notes the Pelosi-Goss briefing covered “EITs including the use of EITs on Abu Zubaydah.” EIT is an acronym for enhanced interrogation technique. Zubaydah was one of the earliest valuable al-Qaeda members captured and the first to have the controversial tactic known as water boarding used against him.

Pelosi, of course, tip-toes through the controversy with statements like this:

“As this document shows, the Speaker was briefed only once, in September 2002. The briefers described these techniques, said they were legal, but said that waterboarding had not yet been used,” said Brendan Daly, Pelosi’s spokesman.

Pelosi’s statement did not address whether she was informed that other harsh techniques were already in use during the Zubaydah interrogations.

Pelosi can issue all of the “carefully worded” statements she chooses too, but it seems pretty clear that she not only knew about EIT and their use since 2002, but said little and certainly did nothing to protest or stop their use. And because of the implied sanction that gives those techniques, she has no moral high-ground from which to condemn anyone.

~McQ