More On Kimberlin

H/t to Belmont Club/Richard Fernandez (who has disappeared me, Whiskey style), on the lawfare of Bret Kimberlin and friends. I don’t read Patterico, and I sure don’t read Daily Kos, so I was unaware of the openness and aggressiveness of this kind of behavior.

And yet I remain unimpressed. Yes, the behavior of these leftists has to be considered evil and appalling. But it says less about them, than it does about the American legal system. John Patrick “Patterico” Frey wonders where the law is when he is threatened, his family is threatened and he is nearly killed by a bogus 911 call bringing a SWAT team to his door. Well, Mr. Frey, that was in July 1, 2011 and it is now May 29, 2012. The authorities have done nothing and have failed to pursue leads you provided them with, helpfully doing their jobs for them. I think you have your answer. They, and the system, don’t care. They don’t care about the written threats, the obviously frivolous and vexatious lawsuits, and they don’t care about phony 911 calls that waste law enforcement resources and keep them from vital use for real problems.

We need to invent a new category of legal definition. Things theoretically are either legal, or illegal. But what if something violates a published law, but the law is never enforced? Or it is selectively enforced? The most obvious example of this is illegal immigration. Immigration laws are generally simply not enforced, or enforced only in egregious cases by unsympathetic characters. Kimberlin and his friends would seem to have engaged in a variety of violations of civil and criminal law, but nothing is done. These actions can’t be made explicitly legal, because these laws might need to be enforced against right-wing agitators. The existence of unenforced statutes gives the government plausible deniability. I think the term for this has to be “extralegal”. It can claim, however weakly, to rule according to the law, usually providing lame excuses as to why it can’t when it doesn’t want to. Other times the refusal is quite explicit, as when government attorneys refuse to defend in court laws passed by the legislature or referenda by the public, as in the case of gay marriage. This refusal is usually based on a liberal argument that the laws are fundamentally unjust, in liberal thinking of course, and cannot be defended in good conscience.

Patterico is a lawyer, and a prosecutor to boot. He must understand that laws are, of necessity, selectively enforced, as a matter of police and prosecutorial resources. What the system does and doesn’t punish tells you what it regards as acceptable and unacceptable, good and bad. What Kimberlin and his friends are doing is obvioulsy A-OK!


About thrasymachus33308

I like fast cars, fast women and southern-fried rock. I have an ongoing beef with George Orwell. I take my name from a character in Plato's "Republic" who was exasperated with the kind of turgid BS that passed for deep thought and political discourse in that time and place, just as I am today. The character, whose name means "fierce fighter" was based on a real person but nobody knows for sure what his actual political beliefs were. I take my pseudonym from a character in an Adam Sandler song who was a obnoxious jerk who pissed off everybody.
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One Response to More On Kimberlin

  1. Rykehaven says:

    I’ve sent a riposte in his comments as follows:

    On the one hand, I have very little sympathy for the Pattericos, Instapundits and Althouses of the world.

    Not only do their chosen professions leech off America’s productive class, but they have always been “fair-weather” conservatives, eager to test the waters of leftism out of craven, opportunistic impulse: environmental sanctity, black racial primacy, the unassailable righteousness of a judge’s legal edicts – even the false idol of “The First Amendment” (how’s that working for you now Aaron?).

    Thrasymachus33308 calls this system “extra-legality”, “the existence of unenforced statutes [giving] the government plausible deniability” so it can arbitrate despotic rule.

    People like Patterico’s John Patrick Frey and Glenn Reynolds are – like the traitor Cypher in “The Matrix” – prisoners to the system as surely as they are willing enforcers of its “beauty”. At some level, these people are agonizingly aware that what they profess to uphold is not only an illusory lie, it is undeniably evil. Cypher was so disturbed by his own hypocrisy that he begged the System to erase his memory of it. For Aaron and Patrick, memory erasure is impossible, so Denial will have to do. “Denial”, after all, is always accompanied by “delusion” as all evils are.

    My community was never a slave to this idyllic illusion that bureaucracies borne of Men were intrinsically “fair”. Nor did we trust the siren calls from the likes of Frey, Althouse and Reynolds to give ourselves to their “laws” so that our “betters” could pass judgment, and mete their brand of “justice”.

    We knew the truth: laws are only “fair” so long as the lawyers worked in fear.

    In Patterico’s world, they have absolutely no fear.

    They’ve cowed Frey by sending armed thugs to his house with impunity…and he has no response, save impotence. They can kidnap Worthing effortlessly because he is conditioned to meekly submit like a whipped dog. They can send him to the doghouse on a whim called “statutory interpretation”. They can even muzzle him like one too because a dog always obeys its master. In this case, every American dog’s master is called “Judge” or “Your Honor”.

    All of this is funded openly by taxes or private donations, with no shame, let alone censure. And all of this is plausibly denied.

    Welcome to a world where the “law” is what the lawyers say it is.

    Welcome to the world of Aaron Worthing and Patrick Frey.

    A prison of their own making.

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