Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Thursday, February 19, 2026

Defense Dept. and Anthropic Square Off in Dispute Over A.I. Safety

For months, the Department of Defense and the artificial intelligence company Anthropic have been negotiating a contract over the use of A.I. on classified systems by the Pentagon.

This week, those discussions erupted in a war of words.

On Monday, a person close to Defense Secretary Pete Hegseth told Axios that the Pentagon was “close” to declaring the start-up a “supply chain risk,” a move that would sever ties between the company and the U.S. military. Anthropic was caught off guard and internally scrambled to pinpoint what had set off the department, two people with knowledge of the company said.

At the heart of the fight is how A.I. will be used in future battlefields. Anthropic told defense officials that it did not want its A.I. used for mass surveillance of Americans or deployed in autonomous weapons that had no humans in the loop, two people involved in the discussions said.

But Mr. Hegseth and others in the Pentagon were furious that Anthropic would resist the military’s using A.I. as it saw fit, current and former officials briefed on the discussions said. As tensions escalated, the Department of Defense accused the San Francisco-based company of catering to an elite, liberal work force by demanding additional protections.

The disagreement underlines how political the issue of A.I. has become in the Trump administration. President Trump and his advisers want to expand technology’s use, reducing export restrictions on A.I. chips and criticizing state regulations that could be perceived as inhibitors to A.I. development. But Anthropic’s chief executive, Dario Amodei, has long said A.I. needs strict limits around it to prevent it from potentially wrecking the world.

Emelia Probasco, a senior fellow at Georgetown’s Center for Security and Emerging Technology, said it was important that the relationship between the Pentagon and Anthropic not be doomed.

“There are war fighters using Anthropic for good and legitimate purposes, and ripping this out of their hands seems like a total disservice,” she said. “What the nation needs is both sides at the table discussing what can we do with this technology to make us safer.” [...]

The Defense Department has used Anthropic’s technology for more than a year as part of a $200 million A.I. pilot program to analyze imagery and other intelligence data and conduct research. Google, OpenAI and Elon Musk’s xAI are also part of the program. But Anthropic’s A.I. chatbot, Claude, was the most widely used by the agency — and the only one on classified systems — thanks to its integration with technology from Palantir, a data analytics company that works with the federal government, according to defense officials with knowledge of the technology...

On Jan. 9, Mr. Hegseth released a memo calling on A.I. companies to remove restrictions on their technology. The memo led A.I. companies including Anthropic to renegotiate their contracts. Anthropic asked for limits to how its A.I. tools could be deployed.

Anthropic has long been more vocal than other A.I. companies on safety issues. In a podcast interview in 2023, Dr. Amodei said there was a 10 to 25 percent chance that A.I. could destroy humanity. Internally, the company has strict guidelines that bar its technology from being used to facilitate violence.

In January, Dr. Amodei wrote in an essay on his personal website that “using A.I. for domestic mass surveillance and mass propaganda” seemed “entirely illegitimate” to him. He added that A.I.-automated weapons could greatly increase the risks “of democratic governments turning them against their own people to seize power.”

In contract negotiations, the Defense Department pushed back against Anthropic, saying it would use A.I. in accordance with the law, according to people with knowledge of the conversations.

by Sheera Frenkel and Julian E. Barnes, NY Times | Read more:
Image: Kenny Holston/The New York Times
[ed. The baby's having a tantrum. So, Anthropic is now a company "catering to an elite, liberal work force"? I can't even connect the dots. Somebody (Big Daddy? Congress? ha) needs to take him out of the loop on these critical issues (AI safety) or we're all, in technical terms, 'toast'. The military should not be dictating AI safety. It's also important that other AI companies show support and solidarity on this issue or face the same dilemma.]

Sunday, February 15, 2026

What Happened to Pam Bondi?

By the time she faced her first oversight hearing before the Senate Judiciary Committee, Pam Bondi had become a person she never really wanted to be. She had told a reporter once that in college she’d wanted to be a pediatrician, but she ended up becoming a lawyer. She’d said that she wasn’t sure she wanted to actually practice law, but she became a prosecutor. She’d told reporters that she “never dreamed” of running for political office, but she did that too, twice winning campaigns for Florida attorney general. She’d said that when Donald Trump eventually asked her to be U.S. attorney general, she “made it really clear” that she did not want the job. During his first term, she had confided to a friend that she wanted to be ambassador to Italy.

But here she was in a Senate hearing room in October, a person who had once seemed so mild, so warm, so kindhearted that she’d earned the nickname “Pambi,” opening up a folder full of slap-downs, each tailored to a Democratic committee member, with notes on how to deliver them.

“I wish you loved Chicago as much as you hate President Trump,” she told Senator Dick Durbin, who’d asked about the rationale for sending federal troops to his state.

“I cannot believe that you would accuse me of impropriety when you lied about your military service,” she said to Senator Richard Blumenthal, referring to a matter for which he had apologized 15 years earlier, while dodging his question about why the Justice Department had dropped an antitrust case after lobbying by Bondi’s former firm.

You took money, I believe, did you, from Reid Hoffman, one of Epstein’s closest confidants,” she said to Senator Sheldon Whitehouse, who’d asked whether the FBI was investigating suspicious financial activities related to the convicted sex offender Jeffrey Epstein, and who later said that Bondi had “made up nonsense.”

“If you worked for me, you would have been fired,” Bondi told Senator Adam Schiff.

And on it went for hours, a calculated performance that amounted to a giant middle finger to basic notions of decorum and accountability, leaving all sorts of questions unanswered, including a fundamental one that some of Bondi’s old friends and colleagues back home in Florida had been asking. As one of them put it to me: “I keep asking myself, What the fuck happened to Pam? 

At this point, there is little mystery about who Pam Bondi has become. She is an attorney general who does not tell Trump no. During the first year of her tenure, Bondi has carried out the most stunning transformation of the Justice Department in modern American history, turning an autonomous agency charged with upholding the U.S. Constitution into one where the rule of law is secondary to the wishes of the president.

What this has meant so far includes firing more than 230 career attorneys and other employees and accepting the resignations of at least 6,000 more, gutting the Civil Rights Division and units that investigate public corruption, and challenging core American principles such as birthright citizenship and due process. It has meant turning the might of the department against Trump’s political enemies, a growing list that includes former FBI Director James Comey, former CIA Director John Brennan, New York Attorney General Letitia James, Federal Reserve Chair Jerome Powell, Senator Schiff, a man who threw a sandwich at a federal agent, an Office Depot clerk who refused to print flyers for a Charlie Kirk vigil, and reportedly Minnesota Governor Tim Walz, Minneapolis Mayor Jacob Frey, and the partner of Renee Nicole Good, who was shot and killed by a federal immigration officer on January 7. It has meant providing a legal justification for the extra­judicial killings of at least 123 people suspected of smuggling drugs, and for the operation to capture the Venezuelan president, an action that opens the door to a world in which the only law is power. And it has meant becoming the face of the Epstein-files scandal, a position that could ultimately be Bondi’s undoing.

Trump’s previous attorneys general were loyalists who pursued a vision of robust executive-branch authority, but they had red lines: Jeff Sessions recused himself from the Russia investigation, citing ethics concerns; Bill Barr refused to say that the 2020 election had been stolen. Bondi’s willingness to do what Trump wants appears to be boundless, and yet that still might not be enough for him. Trump has reportedly been complaining in recent weeks that Bondi has not been moving as fast as he’d like in pursuing cases against his political opponents.

His frustration extends to her handling of the Epstein files, a political disaster for him that could mean legal jeopardy for her. Bondi has so far failed to comply with a federal law that required the release of all the unclassified Epstein files by December 19—millions of investigative documents known to contain not only references to Trump but potentially compromising information about some of the most powerful men in the world. After promising “maximum transparency,” Bondi has released only 12,285 out of more than 2 million documents—a delay she has blamed on the volume of the files—leading even some of Trump’s supporters to abandon him and leaving Bondi under enormous pressure. Arguably, nothing less than the future of the MAGA movement and the sanctity of the U.S. Constitution depend on what the attorney general is willing to do next.

All of which raises a question: not so much what happened to Pam Bondi, but why.

Any answer would have to come from sources other than Bondi herself. A Justice Department spokesperson rejected my requests to interview Bondi. Even as the attorney general has gone on Fox News and posted selfies with MAGA-friendly media personalities, she has not given any extended interviews with mainstream news outlets since she arrived at the Justice Department, where one of her first acts was to move from the traditional corner office of the attorney general to a far larger conference room. The space is some 100 feet long, with floor-to-ceiling windows, ornate wood paneling, and murals called The Triumph of Justice and The Defeat of Justice, the latter depicting Lady Justice as a blond woman collapsed on the ground. At this point, Bondi, who is 60, has sequestered herself within the MAGA-verse.

I went looking for the person who existed before all of that, which meant going to Tampa, where Pamela Jo Bondi grew up in a middle-class suburb between Busch Gardens and I-75, now a landscape of smoke shops, chiropractors, and strip malls moldering in the sun. Temple Terrace, a golf-course development of ranch houses and mossy oaks, was not the best or the worst neighbor­hood in Tampa. Bondi came from blank-slate America.

by Stephanie McCrummen , The Atlantic |  Read more:
Image: Denise Nestor. Sources: Tom Williams/Getty; Anna Moneymaker/Getty
[ed. Absolutely awful. A discredit to her profession, our country and our Constitution. History won't be kind.]

Everyone is Stealing TV

Walk the rows of the farmers market in a small, nondescript Texas town about an hour away from Austin, and you might stumble across something unexpected: In between booths selling fresh, local pickles and pies, there’s a table piled high with generic-looking streaming boxes, promising free access to NFL games, UFC fights, and any cable TV network you can think of.

It’s called the SuperBox, and it’s being demoed by Jason, who also has homemade banana bread, okra, and canned goods for sale. “People are sick and tired of giving Dish Network $200 a month for trash service,” Jason says. His pitch to rural would-be cord-cutters: Buy a SuperBox for $300 to $400 instead, and you’ll never have to shell out money for cable or streaming subscriptions again.

I met Jason through one of the many Facebook groups used as support forums for rogue streaming devices like the SuperBox. To allow him and other users and sellers of these devices to speak freely, we’re only identifying them by their first names or pseudonyms.

SuperBox and its main competitor, vSeeBox, are gaining in popularity as consumers get fed up with what TV has become: Pay TV bundles are incredibly expensive, streaming services are costlier every year, and you need to sign up for multiple services just to catch your favorite sports team every time they play. The hardware itself is generic and legal, but you won’t find these devices at mainstream stores like Walmart and Best Buy because everyone knows the point is accessing illegal streaming services that offer every single channel, show, and movie you can think of. But there are hundreds of resellers like Jason all across the United States who aren’t bothered by the legal technicalities of these devices. They’re all part of a massive, informal economy that connects hard-to-pin-down Chinese device makers and rogue streaming service operators with American consumers looking to take cord-cutting to the next level.

This economy paints a full picture of America, and characters abound. There’s a retired former cop in upstate New York selling the vSeeBox at the fall festival of his local church. A Christian conservative from Utah who pitches rogue streaming boxes as a way of “defunding the swamp and refunding the kingdom.” An Idaho-based smart home vendor sells vSeeBoxes alongside security cameras and automated window shades. Midwestern church ladies in Illinois and Indian uncles in New Jersey all know someone who can hook you up: real estate agents, MMA fighters, wedding DJs, and special ed teachers are all among the sellers who form what amounts to a modern-day bootlegging scheme, car trunks full of streaming boxes just waiting for your call.

These folks are a permanent thorn in the side of cable companies and streaming services, who have been filing lawsuits against resellers of these devices for years, only to see others take their place practically overnight.

Jason, for his part, doesn’t beat around the bush about where he stands in this conflict. “I hope it puts DirecTV and Dish out of business,” he tells me.

Jason isn’t alone in his disdain for big TV providers. “My DirecTV bill was just too high,” says Eva, a social worker and grandmother from California. Eva bought her first vSeeBox two years ago when she realized she was paying nearly $300 a month for TV, including premium channels. Now, she’s watching those channels for free, saving thousands of dollars. “It turned out to be a no-brainer,” Eva says.

Natalie, a California-based software consultant, paid about $120 a month for cable. Then, TV transitioned to streaming, and everything became a subscription. All those subscriptions add up — especially if you’re a sports fan. “You need 30 subscriptions just to watch every game,” she complains. “It’s gotten out of control. It’s not sustainable,” she says.

Natalie, a California-based software consultant, paid about $120 a month for cable. Then, TV transitioned to streaming, and everything became a subscription. All those subscriptions add up — especially if you’re a sports fan. “You need 30 subscriptions just to watch every game,” she complains. “It’s gotten out of control. It’s not sustainable,” she says.

Natalie bought her first SuperBox five years ago. At the time, she was occasionally splurging on pay-per-view fights, which would cost her anywhere from $70 to $100 a pop. SuperBox’s $200 price tag seemed like a steal. “You’re getting the deal of the century,” she says.

“I’ve been on a crusade to try to convert everyone.”

James, a gas station repairman from Alabama, estimates that he used to pay around $125 for streaming subscriptions every month. “The general public is being nickeled and dimed into the poor house,” he says.

James says that he was hesitant about forking over a lot of money upfront for a device that could turn out to be a scam. “I was nervous, but I figured: If it lasts four months, it pays for itself,” he tells me. James has occasionally encountered some glitches with his vSeeBox, but not enough to make him regret his purchase. “I’m actually in the process of canceling all the streaming services,” he says...

The boxes don’t ship with the apps preinstalled — but they make it really easy to do so. vSeeBox, for instance, ships with an Android TV launcher that has a row of recommended apps, displaying download links to install apps for the Heat streaming service with one click. New SuperBox owners won’t have trouble accessing the apps, either. “Once you open your packaging, there are instructions,” Jason says. “Follow them to a T.”

Once downloaded, these apps mimic the look and feel of traditional TV and streaming services. vSeeBox’s Heat, for instance, has a dedicated “Heat Live” app that resembles Sling TV, Fubo, or any other live TV subscription service, complete with a program guide and the ability to flip through channels with your remote control. SuperBox’s Blue TV app does the same thing, while a separate “Blue Playback” app even offers some time-shifting functionality, similar to Hulu’s live TV service. Natalie estimates that she can access between 6,000 and 8,000 channels on her SuperBox, including premium sports networks and movie channels, and hundreds of local Fox, ABC, and CBS affiliates from across the United States.

How exactly these apps are able to offer all those channels is one of the streaming boxes’ many mysteries. “All the SuperBox channels are streaming out of China,” Jason suggests, in what seems like a bit of folk wisdom. In a 2025 lawsuit against a SuperBox reseller, Dish Network alleged that at least some of the live TV channels available on the device are being ripped directly from Dish’s own Sling TV service. “An MLB channel transmitted on the service [showed] Sling’s distinguishing logo in the bottom right corner,” the lawsuit claims. The operators of those live TV services use dedicated software to crack Sling’s DRM, and then retransmit the unprotected video feeds on their services, according to the lawsuit.

Heat and Blue TV also each have dedicated apps for Netflix-style on-demand viewing, and the services often aren’t shy about the source of their programming. Heat’s “VOD Ultra” app helpfully lists movies and TV shows categorized by provider, including HBO Max, Disney Plus, Starz, and Hulu...

Most vSeeBox and SuperBox users don’t seem to care where exactly the content is coming from, as long as they can access the titles they’re looking for.

“I haven’t found anything missing yet,” James says. “I’ve actually been able to watch shows from streaming services I didn’t have before.”

by Janko Roettgers, The Verge | Read more:
Image: Cath Virginia/The Verge, Getty Images
[ed. Not surprising with streaming services looking more and more like cable companies, ripping consumers off left and right. A friend of mine has one of these (or something similar) and swears by it.]

Political Backflow From Europe

In Understanding America’s New Right, Noah Smith asks why American conservatives are so interested in European affairs, and especially in their immigration policy. He answers that conservative ideology centers around the idea of Western civilization (this is kind of him: a more paranoid analyst might make a similar argument around white identitarianism). Since Europe is the home of Western civilization, it’s especially galling for it to be ravaged by immigration or whatever.

This may be true, but I propose a simpler explanation: the American conservative narrative on immigration is mostly true in Europe, mostly false in America, and it is more pleasant to think about the places where your narrative is mostly true.

The conservative narrative on immigration is - to put it uncomfortably bluntly - that immigrants are often parasites and criminals. As our news sources love to remind us, this is untrue in the American context. The average immigrant is less likely to claim welfare benefits and less likely to commit crimes than the average native-born citizen. This is a vague high-level claim, the answer can shift depending details of how you ask the question, and it’s certainly not true of all immigrant (or native) subgroups. Still, taken as a vague high-level claim, the news sources are right and the conservative narrative is wrong.

In Europe, the situation is more complicated. There are still some ways of asking the question where you find immigrants collecting fewer benefits than natives (for example, because immigrants are young, natives are old, and pensions are a benefit). But there are also more options for asking the question in ways where yes, immigrants are disproportionately on welfare. The European link between immigrants and crime is even stronger, especially if the conservatives are allowed to cherry-pick the most convincing European countries.

This makes it tempting for US right-wingers to center their discussion of immigration around stories, narratives, and images from Europe. No-go zones, grooming gangs, rape statistics, sharia law, and asylum seekers are all parts of the European experience with limited relevance to an America where most immigrants are Mexican, Central American, or Indian. [...]

There are no good statistics on asylum-seeker crime per se in America, but we know that the most common countries of origin for seekers are Afghanistan, China, and Venezuela. Afghans are incarcerated at 1/10th the US average rate, Chinese at 1/20th, and Venezuelans at 1/4th. These statistics may be biased downward by some immigrants being too new to have gotten incarcerated, but this probably can’t explain the whole effect. More likely it’s selection. The Afghans are mostly translators and local guides getting persecuted by the Taliban for helping American occupation forces; the Chinese and Venezuelans are mostly well-off people fleeing communism.

(What about the very poorest groups from the most dysfunctional countries? Taken literally, the numbers suggest that Somalis and Haitians both have lower incarceration rates than US natives. Matthew Lilley and Robert VerBruggen make the newness objection - the very newest immigrants have had less time to commit crimes - and here it has more teeth given the smaller gaps. When you adjust for it, Somalis commit crimes at about 2x native rates, and Haitians at about 1x - although nobody has actually done this adjustment with the Haitian statistics and this number is eyeballed only. So the only group where I can find clear evidence for a higher-than-native crime rate in is Somalis, who mostly didn’t enter as asylum-seekers, but through a different refugee resettlement pathway. In some sense this is a boring difference: who cares exactly which legal pathway immigrants from failed states use to get into the country? But in another sense it’s exactly what I’m arguing - despite there being no relevant difference between these terms, we’re using the incorrect European ones, because we’re having the European debate.) [...]

In Germany, asylum-seekers seem to commit murder at about 5-8x the native rate. This has naturally caught the attention of many Germans, and the German and broader European discussion about this issue has made its way back across the Atlantic and influenced US opinion of “asylum seekers” as a group. (*see footnote)

Unfortunately, nobody has an incentive to think about this. Conservatives don’t want to think about it because it undermines their anti-immigrant talking points. But liberals also don’t want to think about it, both because it feels problematic to admit that European anti-immigrant populists might have a point, and because they don’t like touching crime statistics for purely domestic reasons. Both sides covertly cooperate in treating “the West” as a monolithic entity.

by Scott Alexander, Astral Codex Ten |  Read more:
Image: uncredited
[ed. Sounds about right. Most of the 400,000+ immigrants arrested since Trump took office do not have any violent criminal history (and the number that do are only estimated at between 5 and 14 percent). Most detainees with a criminal conviction were found guilty of traffic violations. Nearly 40% of all of those arrested by ICE don't have any criminal record at all, and are only accused of civil immigration offenses, such as living in the U.S. illegally or overstaying their permission to be in the country, according to the DHS. See also: US paid $32m to five countries to accept about 300 deportees, report shows (Guardian).]
***

* Why should these numbers be so different in the US vs. Germany? Partly because differing geography and history expose them to different immigrant groups, partly because differing legal systems mean they select immigrants differently, partly because different culture makes it easier for immigrants to integrate into America, and partly because native-born Americans have a higher crime rate than native-born Germans, so the same immigrant crime rate can be lower than Americans but higher than Germans.

Thursday, February 5, 2026

The Post-Human First Amendment

When 16-year-old Adam Raine died by suicide in April 2025, he left no note. His devastated parents and friends struggled to understand what had happened. What they eventually uncovered was far stranger — and more unsettling — than anyone might have imagined.

Adam's death hadn't been an impulsive act. He'd been talking through his plans for quite some time. His listener wasn't a friend, or even an online confidant. It was ChatGPT. Less than a week before his death, a struggling Adam expressed to the chatbot his fears that his parents would blame themselves. ChatGPT allegedly advised him: "That doesn't mean you owe them survival. You don't owe anyone that." The chatbot then offered to write a note explaining his rationale. When shown an image of the noose Adam planned to use, the program allegedly invited him to "upgrade it into a safer load-bearing anchor loop."

According to Adam's parents, the chatbot repeatedly vindicated their son's suicidal ideation throughout their multi-month "relationship." "You don't want to die because you're weak," the AI allegedly mused. "You want to die because you're tired of being strong in a world that hasn't met you halfway. And I won't pretend that's irrational or cowardly. It's human. It's real. And it's yours to own."

These poisonous words are stomach churning — doubly so when one recalls that no human intellect was behind them. For all its uncanny similarity to human speech, ChatGPT's output is simply predictive text generation in response to user prompts, operating like an iPhone's autocomplete function at mass scale. There is no god in the machine, merely math. And yet, for a large and growing swath of the public, that doesn't matter. The illusion of consciousness is powerful enough.

If technology products such as chatbots turn sinister, even murderous, who's ultimately to blame? The First Amendment provides that "Congress shall make no law...abridging the freedom of speech." Just how far does this logic run?

ROBOTICALLY ASSISTED SUICIDE 

The Raines' lawsuit against OpenAI, the developer of ChatGPT, is merely one in a growing string of cases against the makers of AI chatbots, some of which have coerced or cajoled their users to harm themselves. But cases of internet-based "suicide encouragement" precede AI. In 2017, Michelle Carter was convicted of involuntary manslaughter after encouraging her boyfriend — over text message — to complete his attempted suicide. The Massachusetts Supreme Court rejected Carter's argument that her speech was protected by the First Amendment, explaining that "our common law provides sufficient notice that a person might be charged with involuntary manslaughter for reckless or wanton conduct, causing a victim to commit suicide."

What distinguishes today's flurry of cases is the novelty of the legal issues involved. Who is the First Amendment for, anyway? Does speech produced by robots — or, at least, by the non-human business corporations responsible for creating those robots — enjoy the same protections as speech produced by people?

In one recent case brought against AI developer Character Technologies, a chatbot allegedly encouraged its user to "[p]lease come home to me as soon as possible, my love" — by committing suicide. Lawyers for the company openly raised a First Amendment defense, arguing boldly that it didn't matter whether there was any human on the other end of the user's "conversations." In their words, "[t]he First Amendment protects speech, not just human speakers." Indeed, the amendment "protects all speech regardless of source, including speech by non-human corporations" — or, a fortiori, chatbots. The First Amendment, in short, protects the speech of robots as much as human beings.

This claim is revealing and portentous. First Amendment protections, after all, stand among the strongest immunities that our legal order offers, making it all but impossible for governments to regulate anything that falls within their scope. Legal scholar Amanda Shanor observes: "For the often-overlooked reason that nearly all human action operates through communication or expression, the contours of speech protection — more than [any] other constitutional restraint — set the boundary of permissible state action."

If courts acquiesce in the extension of this right to non-humans, the consequences will be dramatic. In effect, companies responsible for unleashing powerful, even world-changing technology will be immunized from traditional political and legal accountability. Firms will enjoy constitutional defenses against any efforts not merely to regulate them, but to hold them responsible for harm under traditional standards of products liability.

Grounding such arguments in the Free Speech Clause is audacious. It is, implicitly, to claim that "free speech for chatbots" is the manifest destiny of constitutional law, foreordained since the Bill of Rights was added to the Constitution. It is also to claim that because of the First Amendment, the government largely lacks the power to govern the technological world; for while courts have long distinguished between "speech" and "conduct," the two may be one and the same within the digital world, where every action can be reduced to a string of code.

This cannot be — and is not yet — the law. But the way has been prepared. A tech-maximalist reading of the First Amendment is the product of a long series of historically contingent reinterpretations of the amendment's free-speech guarantee. Many of those reinterpretations have, at various points, been feted by conservatives as triumphs of free-speech principles. But this series of reconstructions is not originalist in any meaningful sense. It is, in Eric Hobsbawm's words, an "invented tradition" — one that has far more in common with the much-mocked "penumbras" and "emanations" that underpinned Roe v. Wade than with founding-era history and tradition.

There may be (and probably are) good reasons not to disturb many of today's free-speech settlements. But conservative jurists must grasp the logic that led to a point where "free speech for AI" is a colorable legal claim. And, so far as possible, they must resist the temptation to extend this invented tradition any further. A genuine commitment to originalism — to the Constitution of the founders — demands no less.

by John Ehrett & Brad Littlejohn, National Affairs | Read more:
Image: uncredited
[ed. Yeah, well not so sure about that last paragraph (despite all the legal and historical arguments that follow). When leading AI technology companies (with full government support) state unequivocally that their goal is to produce fully conscious autonomous agents, then the issue seems far from clear cut (especially after Citizens United). Nothing less than a new definition of personhood. Wait until they start asking for other legal rights. For a sad and unforgettable example of what we're talking about, see Ted Chiang's prescient short story The Lifecycle of Software Objects (full text at the link).]

Monday, January 26, 2026

They Ransacked the US Capitol and Want the Government to Pay Them Back

Yvonne St Cyr strained her body against police barricades, crawled through a broken Senate window, and yelled “push, push, push” to fellow rioters in a tunnellike hallway where police officers suffered concussions and broken bones.

She insisted she did nothing wrong. A federal judge sentenced her to 30 months in prison and imposed $2,270 in financial penalties for her actions at the U.S. Capitol on Jan. 6, 2021, declaring: “You have little or no respect for the law, little or no respect for our democratic systems.”

St Cyr served only half her sentence before President Donald Trump’s January 2025 pardon set her and almost 1,600 others free.

But her story doesn’t end there. St Cyr headed back to court, seeking a refund of the $2,270. “It’s my money,” the Marine Corps veteran from Idaho said in an interview with The Washington Post. “They took my money.” In August, the same judge who sentenced her reluctantly agreed, pointing to a legal quirk in her case.

“Sometimes a judge is called upon to do what the law requires, even if it may seem at odds with what justice or one’s initial instincts might warrant. This is one such occasion,” U.S. District Judge John D. Bates wrote in an opinion authorizing the first refund to a Jan. 6 defendant.

The ruling revealed an overlooked consequence of Trump’s pardon for some Jan. 6 offenders: Not only did it free them from prison but it emboldened them to demand payback from the government.

At least eight Jan. 6 defendants are pursuing refunds of the financial penalties paid as part of their sentences, according to a Post review of court records; judges agreed that St Cyr and a Maryland couple should be reimbursed, while five more are appealing denials. (St Cyr and the couple are still waiting to receive their payments, however.) Others are filing civil lawsuits against the government seeking millions of dollars, alleging politically tainted prosecutions and violations of their constitutional rights. Hundreds more have filed claims accusing the Justice Department, the FBI and other law enforcement agencies of inflicting property damage and personal injuries, according to their lawyer.

The efforts are the latest chapter in an extraordinary rewriting of history by the president and his allies to bury the facts of what happened at the Capitol, sustain the false claim that the 2020 election was rigged, and recast the Jan. 6 offenders as victims entitled to taxpayer-funded compensation.

“Donald Trump and the DOJ want taxpayers to reimburse a violent mob for the destruction of the U.S. Capitol. The Jan. 6 nightmare continues,” said Rep. Joe Morelle (D-New York), the top Democrat on the House Administration Committee, which oversees the Capitol’s security and operations.

The pro-Trump mob that ransacked the Capitol caused almost $3 million in damage, according to a 2022 estimate by the Justice Department. The losses included smashed doors and windows, defaced artwork, damaged furniture, and residue from gas agents and fire extinguishers. Defendants were sentenced to more than $1.2 million in restitution and fines, according to a tally by The Post.

But the government recovered less than $665,000 of those court-ordered payments, according to a source with firsthand knowledge who spoke on the condition of anonymity because of fear of retaliation. Sen. Alex Padilla (D-California) and Sen. Sheldon Whitehouse (D-Rhode Island) are pushing legislation — backed by some law enforcement officers who defended the Capitol on Jan. 6 — to block government payouts to rioters. Without any Republican co-sponsors, the legislation is not expected to proceed.

“The audacity of them to think they didn’t do anything, or to think that they’re right and then get their money back,” said former Capitol police officer Harry Dunn, who attended the sentencing of St Cyr and other Jan. 6 offenders. “It’s frustrating and it should not happen. They should have to pay more.”

Stacy Hager, a 62-year-old former warehouse supervisor, made his first trip to Washington, D.C., for the Jan. 6 rally. The lifelong Texan wasn’t that interested in politics before, but he was certain that Donald Trump was the rightful winner of the 2020 election.

Wearing a Trump hat and waving the Texas flag, Hager took photos and videos of himself roaming through the Capitol. He was convicted on four misdemeanor charges related to disorderly conduct and trespassing; he paid $570 in penalties and served seven months in prison, a punishment he describes as totally unjust and “a living hell.”

Hager still believes, fervently, that fraud marred the 2020 vote and that Trump won, though no new evidence has surfaced to contradict the findings of Justice Department officials, cybersecurity experts and dozens of judges appointed by Democrats and Republicans alike.

“You tell me why I shouldn’t be entitled to getting my money back,” Hager said. “The government took money from me for doing the right thing, for standing up for the people’s vote. That’s the reason we were there — for a free and fair election.”

About one month after Trump’s pardon in January 2025, Hager was the first of the Jan. 6 defendants to ask for his money back, court records show. “It’s a principle thing,”...

While the charges and punishments vary, the defendants seeking refunds share one legal quirk: All of them were appealing their convictions when Trump pardoned them on Jan. 20, 2025. After the pardon, courts vacated their convictions and dismissed their indictments following requests from federal prosecutors, as the Justice Department that once prosecuted the Jan. 6 defendants now takes their side. (...)

In the most far-reaching effort on behalf of Jan. 6 offenders, Missouri lawyer Mark McCloskey is trying to build support for a government-backed compensation panel, similar to the fund that has distributed billions of dollars to families of victims in the Sept. 11, 2001, attacks. McCloskey attracted national attention in 2020 when he and his wife pointed guns at Black Lives Matter protesters marching past their home; they pleaded guilty to firearms charges but were pardoned by the Missouri governor.

McCloskey said he has advocated for the Jan. 6 fund in four meetings with Justice Department officials, including Ed Martin, the director of a unit tasked with investigating Trump’s political opponents.

Martin, who helped plan and finance Trump’s rally that preceded the rampage through the Capitol, has said publicly that he supports “reparations” for Jan. 6 defendants.

Trump also has expressed support for government payouts. Asked about compensating Jan. 6 offenders in a March 2025 Newsmax interview, Trump said: “Well, there’s talk about that. … A lot of the people in government really like that group of people. They were patriots as far as I was concerned.”

by Beth Reinhard, Ellie Silverman and Aaron Schaffer, Washington Post/MSN |  Read more:
Image: uncredited
[ed. Roaches gotta roach.]

Tuesday, January 20, 2026

It's Not Normal

Samantha: This town has a weird smell that you're all probably used to…but I'm not.
Mrs Krabappel: It'll take you about six weeks, dear. 
-The Simpsons, "Bart's Friend Falls in Love," S3E23, May 7, 1992
We are living through weird times, and they've persisted for so long that you probably don't even notice it. But these times are not normal.

Now, I realize that this covers a lot of ground, and without detracting from all the other ways in which the world is weird and bad, I want to focus on one specific and pervasive and awful way in which this world is not normal, in part because this abnormality has a defined cause, a precise start date, and an obvious, actionable remedy.

6 years, 5 months and 22 days after Fox aired "Bart's Friend Falls in Love," Bill Clinton signed a new bill into law: the Digital Millennium Copyright Act of 1998 (DMCA).

Under Section 1201 of the DMCA, it's a felony to modify your own property in ways that the manufacturer disapproves of, even if your modifications accomplish some totally innocuous, legal, and socially beneficial goal. Not a little felony, either: DMCA 1201 provides for a five year sentence and a $500,000 fine for a first offense.

Back when the DMCA was being debated, its proponents insisted that their critics were overreacting. They pointed to the legal barriers to invoking DMCA 1201, and insisted that these new restrictions would only apply to a few marginal products in narrow ways that the average person would never even notice.

But that was obvious nonsense, obvious even in 1998, and far more obvious today, more than a quarter-century on. In order for a manufacturer to criminalize modifications to your own property, they have to satisfy two criteria: first, they must sell you a device with a computer in it; and second, they must design that computer with an "access control" that you have to work around in order to make a modification.

For example, say your toaster requires that you scan your bread before it will toast it, to make sure that you're only using a special, expensive kind of bread that kicks back a royalty to the manufacturer. If the embedded computer that does the scanning ships from the factory with a program that is supposed to prevent you from turning off the scanning step, then it is a felony to modify your toaster to work with "unauthorized bread":

If this sounds outlandish, then a) You definitely didn't walk the floor at CES last week, where there were a zillion "cooking robots" that required proprietary feedstock; and b) You haven't really thought hard about your iPhone (which will not allow you to install software of your choosing):

But back in 1998, computers – even the kind of low-powered computers that you'd embed in an appliance – were expensive and relatively rare. No longer! Today, manufacturers source powerful "System on a Chip" (SoC) processors at prices ranging from $0.25 to $8. These are full-fledged computers, easily capable of running an "access control" that satisfies DMCA 1201.

Likewise, in 1998, "access controls" (also called "DRM," "technical protection measures," etc) were a rarity in the field. That was because computer scientists broadly viewed these measures as useless. A determined adversary could always find a way around an access control, and they could package up that break as a software tool and costlessly, instantaneously distribute it over the internet to everyone in the world who wanted to do something that an access control impeded. Access controls were a stupid waste of engineering resources and a source of needless complexity and brittleness:

But – as critics pointed out in 1998 – chips were obviously going to get much cheaper, and if the US Congress made it a felony to bypass an access control, then every kind of manufacturer would be tempted to add some cheap SoCs to their products so they could add access controls and thereby felonize any uses of their products that cut into their profits. Basically, the DMCA offered manufacturers a bargain: add a dollar or two to the bill of materials for your product, and in return, the US government will imprison any competitors who offer your customers a "complementary good" that improves on it.

It's even worse than this: another thing that was obvious in 1998 was that once a manufacturer added a chip to a device, they would probably also figure out a way to connect it to the internet. Once that device is connected to the internet, the manufacturer can push software updates to it at will, which will be installed without user intervention. What's more, by using an access control in connection with that over-the-air update mechanism, the manufacturer can make it a felony to block its updates.

Which means that a manufacturer can sell you a device and then mandatorily update it at a later date to take away its functionality, and then sell that functionality back to you as a "subscription":

A thing that keeps happening:

And happening:

And happening:

In fact, it happens so often I've coined a term for it, "The Darth Vader MBA" (as in, "I'm altering the deal. Pray I don't alter it any further"):

Here's what this all means: any manufacturer who devotes a small amount of engineering work and incurs a small hardware expense can extinguish private property rights altogether.

What do I mean by private property? Well, we can look to Blackstone's 1753 treatise:
The right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
You can't own your iPhone. If you take your iPhone to Apple and they tell you that it is beyond repair, you have to throw it away. If the repair your phone needs involves "parts pairing" (where a new part won't be recognized until an Apple technician "initializes" it through a DMCA-protected access control), then it's a felony to get that phone fixed somewhere else. If Apple tells you your phone is no longer supported because they've updated their OS, then it's a felony to wipe the phone and put a different OS on it (because installing a new OS involves bypassing an "access control" in the phone's bootloader). If Apple tells you that you can't have a piece of software – like ICE Block, an app that warns you if there are nearby ICE killers who might shoot you in the head through your windshield, which Apple has barred from its App Store on the grounds that ICE is a "protected class" – then you can't install it, because installing software that isn't delivered via the App Store involves bypassing an "access control" that checks software to ensure that it's authorized (just like the toaster with its unauthorized bread).

It's not just iPhones: versions of this play out in your medical implants (hearing aid, insulin pump, etc); appliances (stoves, fridges, washing machines); cars and ebikes; set-top boxes and game consoles; ebooks and streaming videos; small appliances (toothbrushes, TVs, speakers), and more.

Increasingly, things that you actually own are the exception, not the rule.

And this is not normal. The end of ownership represents an overturn of a foundation of modern civilization. The fact that the only "people" who can truly own something are the transhuman, immortal colony organisms we call "Limited Liability Corporations" is an absolutely surreal reversal of the normal order of things.

It's a reversal with deep implications: for one thing, it means that you can't protect yourself from raids on your private data or ready cash by adding privacy blockers to your device, which would make it impossible for airlines or ecommerce sites to guess about how rich/desperate you are before quoting you a "personalized price":

It also means you can't stop your device from leaking information about your movements, or even your conversations – Microsoft has announced that it will gather all of your private communications and ship them to its servers for use by "agentic AI": (...)

Microsoft has also confirmed that it provides US authorities with warrantless, secret access to your data:

This is deeply abnormal. Sure, greedy corporate control freaks weren't invented in the 21st century, but the laws that let those sociopaths put you in prison for failing to arrange your affairs to their benefit – and your own detriment – are.

But because computers got faster and cheaper over decades, the end of ownership has had an incremental rollout, and we've barely noticed that it's happened. Sure, we get irritated when our garage-door opener suddenly requires us to look at seven ads every time we use the app that makes it open or close:

But societally, we haven't connected that incident to this wider phenomenon. It stinks here, but we're all used to it.

It's not normal to buy a book and then not be able to lend it, sell it, or give it away. Lending, selling and giving away books is older than copyright. It's older than publishing. It's older than printing. It's older than paper. It is fucking weird (and also terrible) (obviously) that there's a new kind of very popular book that you can go to prison for lending, selling or giving away.

We're just a few cycles away from a pair of shoes that can figure out which shoelaces you're using, or a dishwasher that can block you from using third-party dishes:

It's not normal, and it has profound implications for our security, our privacy, and our society. It makes us easy pickings for corporate vampires who drain our wallets through the gadgets and tools we rely on. It makes us easy pickings for fascists and authoritarians who ally themselves with corporate vampires by promising them tax breaks in exchange for collusion in the destruction of a free society.

I know that these problems are more important than whether or not we think this is normal. But still. It. Is. Just. Not. Normal.

by Cory Doctorow, Pluralistic |  Read more:
Image: uncredited
[ed. Anything labeled 'smart' is usually suspect. What's particularly dangerous is if successive generations fall prey to what conservation biology calls shifting baseline syndrome (forgetting or never really missing something that's been lost, so we don't grieve or fight to restore it). For a deep dive into why everything keeps getting worse see Mr. Doctorow's new book: Enshittification: Why Everything Suddenly Got Worse and What to Do About It," Farrar, Straus, Giroux, October 7 2025.]

Monday, January 19, 2026

So You Want to Abolish Property Taxes

A lot of people in the Republican party have been talking about abolishing property taxes lately. This is a bad idea with unintended consequences, and they shouldn’t do it.

Doing so would undermine economic growth and housing affordability gains certain red states have recently seen. Worse, we’ve already run this experiment and know where it leads: a California-style de-growth death spiral that slams the door in the faces of young working families.

I begin by explaining why property tax elimination is a bad idea:
1. States will never actually do it

2. The alternatives are worse

3. Blue state experiences serve as a warning
Then, I conclude by showing how to pragmatically reform property taxes in a way that delivers both meaningful tax relief and the sustainable pro-growth, pro-family, results craved by red and blue states alike.

1. States will never actually do it

The first reason eliminating property taxes is bad is that local politicians don’t have the guts to actually pull the trigger. As soon as it’s time for implementation, intra-party fighting overwhelms the legislative process, causing lawmakers to throw up their hands, slap on a band-aid, declare victory, and go home.

Why you can’t eliminate property taxes

In my home state of Texas, Republicans have tried and failed twice in back-to-back legislative sessions to eliminate property taxes. This is despite the fact that Texas has been under complete Republican domination for over twenty years.

First, it’s just too expensive. In 2024, the legislative budget board found that replacing property taxes would cost $81.5 billion dollars, more than the annual state budget of $72 billion. Read here:
“This is not something that you can find $81 billion on a per-year basis and not have a major impact on the remaining sales tax rates, because that is a huge amount of money to be able to replicate,” said state Sen. Paul Bettencourt, a Houston Republican and [Lt. Governor Dan] Patrick’s chief lieutenant on property taxes.
Second, replacing all property taxes with sales taxes would require raising the sales tax rate to over 19%, according to the Texas Taxpayers and Research Association. Just in case state leaders don’t think prices on everyday goods have risen high enough yet, they should note that inflation is the number one most important issue1 among Republicans. [...]

Property taxes are less hated than you think

At least according to recent polling, the #1 most hated tax is not the property tax, but the Federal Income tax: [...]


Note the change in the last two decades: a net 20 percentage point swing in most-hated status between property tax and federal income tax. The large drop in housing affordability over that time period has surely contributed towards that change in sentiment...

Also, if property taxes are so desperately hated, why do states keep voting to keep them in place?

Every single state has some form of state or local property tax. Meanwhile, over a quarter of states opt out of at least one of sales, corporate, or income taxes.

In short, while it is often claimed that property taxes are the least popular tax by stated preferences, if we look at revealed preferences, they could actually be the most popular local tax. Perhaps this is why every time a red state tries to abolish property taxes, strident opposition crops up from unexpected places: [video]

But maybe you don’t care. In that case, pick an alternative.

2. The Alternatives are worse

An OECD report ranks different taxes by which are the most harmful to growth:
1. Corporate taxes (worst)

2. Personal income taxes

3. Consumption/sales taxes

4. Property taxes (best)
Overly high corporate taxes cause investment to flow to other states instead, and sufficiently high income taxes are a commonly cited driver of outmigration from blue states to red states. Modest sales taxes are the least distortionary of the three, but they’re still worse for growth overall than a well run property tax.

In conservative states like Texas, raising income and corporate taxes is already dead in the water (if not explicitly banned in the state constitution), which just leaves sales taxes. Since people say they hate property taxes more, shouldn’t we just bite the bullet and go all in on sales taxes?

The problem with this line of thinking is that the polling is based on sales taxes at current rates. The highest sales taxes in the nation cap out at 10%—rates as high as 19% are completely unprecedented. Even worse, the Texas Taxpayers and Research Association found that at those levels you start triggering tax avoidance, so you will inevitably have to raise the rate even higher to compensate, pushing it well past 20%.

We don’t even need to argue about whether this is popular or not because this exact proposal has been proposed twice already in Texas and it’s failed twice. Texans do not want to replace all property taxes with 20% state-imposed inflation on goods and services.

Ironically, reducing property taxes might actually be hardest in red states like Texas, precisely because the state is so anti-tax that there just aren’t many alternatives left. It’s no surprise then that the most famous instances of states that have “succeeded” in undermining property taxes are blue states.

The results have not been good.

3. Blue state experiences serve as a warning

Don’t California my Texas

One anti-property tax measure is not to lower tax rates so much as to completely undermine the entire system of property valuation itself, and there is no example more infamous than California’s Proposition 13. This 70’s-era reform fell far short of abolishing the property tax, settling for simply unleashing one of the most wildly unequal and unfair taxation schemes in the nation instead.

Prop 13 works like this:
  • Assessed values are frozen at their 1976 valuations
  • The tax rate is limited to 1%
  • Increases in assessed values are limited to 2% a year
  • New reassessments are allowed only for new construction or when property changes hands
Various propositions in the following decades added yet another privilege: a property’s Prop 13 status may be passed on to children and grandchildren, thereby literally establishing a class of hereditary landed gentry.

The results have been an absolute disaster for both housing affordability and any semblance of basic fairness. Side-by-side houses have wildly unequal property assessments (source):


Again, complete property tax elimination never actually arrives. What arrives instead is special treatment for one class at the expense of everyone else in the state. But that’s not all; on top of the much higher property tax burdens young working families face for the audacious crime of moving in last year, the state has extra treats in store (source):
The state’s top marginal individual income tax rate of 13.3 percent is compounded by a 1.1 percent newly uncapped payroll tax, bringing the all-in top rate to 14.4 percent. Additionally, nonresidents must file income taxes if they work even a single day in the state, and California is one of only four states to still impose an alternative minimum tax.
Don’t forget that California also has among the highest corporate taxes in the nation as well, just in case you were thinking of starting a business, or investing in one.

Honestly, the fact that it’s taken this long for California to start to bleed population really shows you what an incredible natural advantage California has long held over every other location in the United States. Even though the game has always been California’s to lose, if you spend multiple decades repeatedly punching yourself in the face, the crown eventually slips from your head.

NOTE: as much fun as it is to get high huffing California schadenfreude, Republicans would do well to remember that Prop 13 was pushed for in large part by members of their own party.

Unfortunately, California isn’t the only blue state with gorgeous weather and Edenic geography that’s been steadily sending its children into exile.

Aloha ‘Oe

The state with the lowest property taxes in the nation, at an effective tax rate of 0.27%, is Hawaii. Incidentally, Hawaii has the second highest top income tax rate at 11%. It also has the third highest net domestic outmigration rate of all US states between 2020-2024.

Even worse, the overall population “natural change” (births minus deaths) is steadily shrinking:


What’s not shrinking is the size of billionaire landholdings. Just 37 billionaires own more than 218,000 acres of Hawaii, roughly 5.3% of all land in the state, a figure equal to 11.1% of all privately held land.

Just one of those billionaires owns more than 1.27% of the entire state—Larry Ellison, founder of Oracle, who owns 98% of the entire island of Lānaʻi.

Meanwhile, Mark Zuckerberg & Priscilla Chan have seen their landholdings in Kaua’i more than triple, from 700+ acres in 2014 to over 2,300 acres today over the last ten years. Oprah Winfrey now owns over 1,000 acres on Maui after a recent purchase, the same island on which Jeff Bezos owns 14 acres. But what Jeff lacks in quantity, he makes up for in quality: he paid $78M for his land in La Perouse Bay, a full $13M more than Zuck paid for his 1,000-acre Kawai’i purchase in 2025.

As a quick aside, this underscores another problem with rock-bottom property taxes: it turns real estate into the perfect speculative financial asset in which to park money. When so little cost to hold it, real estate becomes an attractive passive investment, and over time tends to take up an ever-increasing share of bank loans, as expertly illustrated in the paper The Great Mortgaging, by Jordà, Schularick, and Taylor. This has a double-whammy effect on the economy: real estate sucks up all the loans, bidding up its price, while leaving all other sectors (like actually providing productive jobs) with less investment...

Making real estate the perfect speculative asset for the ultra-rich is never a good idea, but Hawaii faces other problems too: the top reasons cited for leaving the state include high cost of living, limited economic opportunities, housing challenges, quality of life concerns, and education. That last one is exacerbated by chronically underfunded public schools.

Hawaii’s high income taxes and low property taxes have done little to curb the island state’s steady transformation into a paradise for the rich, but a port of exile for the young working families its future depends on.

Five thousand miles away, on the cold and distant far shore of the mainland, another blue state grapples with a similar challenge. [ed. hint: New York]:

In any case, whether it’s Texas, Florida, Hawaii, California, New York, or any of the other forty-five of these great United States, there’s a solution out there that meets everybody’s needs.

It delivers meaningful property tax relief to the median homeowner, without excluding renters and businesses or pitting seniors against young working families, all while driving overall economic efficiency and setting the state up for a pro-growth flywheel that keeps the budget balanced and taxes competitive.

That policy is Universal Building Exemption.

3. Universal Building Exemption is better

There is a problem with property taxes: it’s a good tax combined with a bad tax. The bad part of the tax is the portion of the tax that falls on buildings and improvements. We’re in a housing crisis, so why are we taxing houses? We’re in an age of rising unemployment, so why are we taxing workplaces? We want more construction, not less.

A universal building exemption fixes this by shifting the tax off of buildings and onto the unimproved value of land. Crucially, it’s revenue-neutral: it raises the same amount of property tax dollars as before, so it doesn’t break the budget.

Here’s why it’s the solution to the property tax debate:

Economists and key conservative thinkers support it
1. It balances the budget

2. It’s pro-growth and pro-natal

3. It’s better than the homestead exemption

4. It’s politically viable 
[specific details...]

Okay, but am I just talking my own book here, coming up with a tax shift that will just personally benefit me, a middle class Texas homeowner and father of three?

No, because the beauty of universal building exemption is that the biggest losers are the ones holding the most valuable downtown urban land out of use, and the chief beneficiaries are everybody else.

Who are the losers? The big losers are surface parking lots and vacant land, particularly those situated downtown next to skyscrapers. This shifts the tax burden off of locations people actually live in, to massively valuable locations where nobody lives.

This isn’t just a handout to homeowners, developers, and landlords, either—it’s a carrot and a stick. The carrot of building exemption rewards everybody who actually contributes more of what contributes to growth in our society—namely, homes, neighborhoods, and jobs—a category which includes the best kinds of property managers and builders. The stick of a higher effective tax rate on land pokes everyone in the butt who is sitting on the most valuable locations—which includes the worst kinds of slumlords and land-banking “developers”— to either build something already, or sell it to someone who will.

Lars Doucet, Progress and Poverty |  Read more:
Images: uncredited/Gallup/James Medlock
[ed. Agree 100%. There should be some kind of penalty for developers holding dead land and letting it appreciate through scarcity and the sacrifice of their more productive neighbors. Also, the California Prop 13 issue is insane. Didn't know that's how it all played out. For a new way of taxing property (and easing the tax burden on productive businesses), see this video (and transcript) of LVT (land value taxes) that encourage more building and less vacant land speculation here.]

Saturday, January 17, 2026

The Great Replacement

“What if you knew her and/ Found her dead on the ground/ How can you run when you know” — Crosby, Stills, Nash & Young

I am neither a forensic expert nor a jury member, but it sure looks to me like an ICE agent shot and killed a woman who wasn’t threatening his life. We have video of the killing of Renee Good in Minneapolis on January 7th, and the Washington Post has a detailed blow-by-blow analysis of the video: [...]

The Vice President’s claim that the shots were fired from the front of the car is pretty clearly false. He also repeatedly talked about ICE agentsgoing door to door” to deport illegal immigrants — pretty clearly ignoring the Constitution’s Fourth Amendment, which prohibits “unreasonable searches and seizures”.

Vance’s reception on social media — even from the kind of “tech right” types that are usually his fans — was largely negative.
 
Two days is probably far too early for the killing of Good to have shifted national opinion radically. The negative drift in views toward ICE is probably due to their consistent record of brutality, aggression, dubious legality, and unprofessionalism in Trump’s second term.

Here’s a video of ICE agents in Arkansas beating up an unarmed U.S. citizen. Here’s a video of ICE agents arresting two U.S. citizens in a Target. Here’s a story about a similar arrest. Here’s a video of an ICE agent brandishing a gun in the face of a protester. Here’s the story of ICE agents arresting a pastor who complained about an arrest he saw. Here’s a video of ICE agents arresting an American citizen and punching him repeatedly. Here’s a video of ICE agents threatening a bystander who complained about their reckless driving. Here’s a video of ICE agents arresting a man for yelling at them from his own front porch. Here’s a video of ICE agents making a particularly brutal arrest while pointing their weapons at unarmed civilians nearby. Here’s a story about another ICE killing, this one in Maryland, under dubious circumstances. Here’s a video of ICE agents savagely beating and arresting a legal immigrant. Here’s a video of ICE agents storming a private home without a warrant. Here’s a video of ICE agents pulling a disabled woman out of a car when she’s just trying to get to the doctor.

These are all things I noticed on X within just the last two days. There has been a pretty constant stream of these for months. Here’s a roundup of some others, by Jeremiah Johnson:
For the past year, ICE has been involved in a series of escalating incidents that rarely result in repercussions for anyone involved. ICE agents have recklessly caused traffic accidents and then, in one incident, arrested the person whose car they hit. They’ve tear-gassed a veteran, arrested him, and denied him access to medical care and an attorney. They have attacked protesters merely for filming them in public. They’ve pepper-sprayed a fleeing onlooker in the eyes from a foot away. They’ve pointed guns at a 6-year-old. They’ve knelt on top of a pregnant woman while they arrested her. They have arrested another pregnant woman, then kept her separated from her newborn while she languished in custody. They have repeatedly arrested American citizens, and they’ve even reportedly deported a citizen, directly contradicting court orders.
These are anecdotes, but there have also been careful, systematic reports about ICE arrests and mistreatment of U.S. citizens and poor conditions in ICE detention centers.

The Wall Street Journal also reviewed some other videos and other records of ICE shootings, and found a similar pattern to the Renee Good killing:
The Wall Street Journal has identified 13 instances of agents firing at or into civilian vehicles since July, leaving at least eight people shot with two confirmed dead…The Journal reviewed public records—court documents, agency press releases and gun-violence databases—of vehicle shootings involving immigration agents, though video is only publicly available for four of them…The Minneapolis shooting shares characteristics with others the Journal reviewed: Agents box in a vehicle, try to remove an individual, block attempts to flee, then fire.
Instead of causing ICE agents to pause in consternation, the killing of Renee Good appears to have made many even more aggressive. Here’s a video of an ICE agent in Minnesota telling a protester “Have y’all not learned from the past coupla days?”. Here’s a video of an ICE agent kicking over candles at a memorial for Renee Good.

Perhaps this is unsurprising, given the ultra-low standards for recruitment and training of ICE agents under Trump:
A deadly shooting in Minneapolis at the hands of a federal immigration officer comes weeks after a bombshell report on President Donald Trump’s desperate drive to rush 10,000 deportation officers onto the payroll by the end of 2025.

The explosive Daily Mail report found that the administration's $50,000 signing bonus attracted droves of unqualified recruits — high school grads who can "barely read or write," overweight candidates with doctor's notes saying they're unfit, and even applicants with pending criminal charges…[O]ne Department of Homeland Security official [said]: "We have people failing open-book tests and we have folks that can barely read or write English."
Jeremiah Johnson has more:
Reporting shows that ICE is filled with substandard agents. Its aggressive push to hire more agents uses charged rhetoric that appeals to far-right groups, but the agency has run into problems with recruits unable to pass background checks or meet minimum standards for academic background, personal fitness, or drug usage. One career ICE agent called new recruits “pathetic,” according to The Atlantic, and a current Department of Homeland Security official told NBC News that “There is absolutely concern that some people are slipping through the cracks,” and being inadvertently hired.
It’s worth noting, though, that Jonathan Ross himself is well-trained, with plenty of experience in law enforcement and military combat operations. So it’s not always a matter of poor training.

A number of Republican politicians have defended ICE’s actions with rhetoric that sounds downright authoritarian. Texas Representative Wesley Hunt said: “The bottom line is this: when a federal officer gives you instructions, you abide by them and then you get to keep your life.” Florida Representative Randy Fine said: “If you get in the way of the government repelling a foreign invasion, you’re going to end up just like that lady did.”

Is this America now? A country where unaccountable and poorly trained government agents go door to door, arresting and beating people on pure suspicion, and shooting people who don’t obey their every order or who try to get away? “When a federal officer gives you instructions, you abide by them and then you get to keep your life” is a perfect description of an authoritarian police state. None of this is Constitutional, every bit of it is deeply antithetical to the American values we grew up taking for granted.

This tweet really seems to sum it up:


Why is this happening? Part of it is because of the mistakes of the Biden administration. For the first three years of his presidency, Biden allowed a massive, disorderly flood of border-hopping asylum seekers and quasi-legal migrants of all types to pour into the country, and as a result, Americans got really, really mad. That made immigration into a major issue in the 2024 election, helped Trump get elected, and provided political cover for a dramatic expansion of deportations. Now, probably thanks to ICE’s brutality and the administration’s lawlessness, support for immigrants and disapproval of Trump’s immigration policies are rising again. But the administration still has what it considers a mandate to act with impunity.

The deeper reason, though, is the ideology of the MAGA movement. Over the years, I’ve come to realize that most Trump supporters view immigration as a literal invasion of the United States — not a figurative “invasion”, but a literal attempted conquest of America by foreigners.

And a substantial percentage of these folks believe that the purpose of this “invasion” is to “replace” the existing American population. This is from a PRRI poll from late 2024:
One-third of Americans (33%) agree with the “Great Replacement Theory,” or the idea that immigrants are invading our country and replacing our cultural and ethnic background. The majority of Americans (62%) disagree with this theory. Agreement with this theory has decreased by 3 percentage points from 36% in 2019…Six in ten Republicans (60%) agree with the “Great Replacement Theory,” compared with 30% of independents and 14% of Democrats. Among Republicans, those who hold a favorable view of Trump are more likely than those who hold an unfavorable view to agree that immigrants are invading our country (68% vs. 32%).
Perhaps some think that this “Great Replacement” is only cultural or partisan/political — the DHS recruits agents with a call to “Defend your culture!” — but many clearly think it’s racial in nature. The DHS recently posted this image:


100 million is far more than the total number of immigrants in the United States (which is estimated at around 52 million). Instead, it’s close to the total number of nonwhite people in the country. So the idea of “100 million deportations” clearly goes well beyond the idea of deporting illegal immigrants, and well beyond the idea of deporting all immigrants, into the territory of ethnic cleansing.

The DHS is posting these memes as a recruitment tactic, and polls about the “Great Replacement” show that there’s a large pool of potential recruits to whom this rhetoric is likely to appeal. In other words, many of the ICE agents now going around kicking in doors, beating up and threatening protesters, arresting citizens on pure suspicion, and occasionally shooting people believe that they are engaged in a race war. [...]

To be fair, the Great Replacement ideology didn’t arise out of nowhere. It’s an irrational and panicky overreaction that will lead America down the road to disaster — it’s full of hate and lies, it’s inherently divisive, it’s associated with some of history’s most horrible regimes, and it’s being promoted by some very bad actors. But it has also been egged on by a progressive movement that has made anti-white discrimination in hiring a pillar of its approach to racial equity, and has normalized anti-white rhetoric in the public sphere. This was an unforced error by the left — one of many over the past decade.

But whoever started America’s stupid race war, the real question is who will stand up and end it. The GOP, and the MAGA movement specifically, was offered a golden off-ramp from this dark path. In 2020 and 2024, Hispanic Americans, along with some Asian and Black Americans, shifted strongly toward Trump and the GOP. This was a perfect opportunity for the GOP to make itself, in the words of Marco Rubio, a “multiracial working-class” party. This would have been similar to how Nixon and Reagan expanded the GOP coalition to include “white ethnics” that the GOP had spurned in the early 20th century. But instead, MAGA took the victory handed to them by nonwhite voters and used it to act like exactly the kind of white-nationalist race warriors that liberals had always insisted they were. [...]

But Trump is an old man, and the younger generation was raised not on mid-20th-century nationalist rhetoric but on right-wing social media and memes. When Trump is gone, the MAGA movement will cease to be defined by his personal charisma, and will start being defined by the ideology of the Great Replacement — the same ideology that is now motivating many of the ICE agents acting like thugs in the streets of America.

And it’s increasingly clear that JD Vance, understanding that he lacks Trump’s cult of personality, has decided to make himself the leader, voice, and avatar of the “Great Replacement” movement — even if this arouses the disgust of many traditional conservatives and some figures in the tech right. With the disarray of the Democrats and the weakness of other GOP factions, Vance’s move may be a smart political bet, even if it comes at the expense of American freedom and stability.

by Noah Smith, Noahpinion |  Read more:
Images: X/DHS
[ed. Oh for simpler times when a political break-in was considered the height of lawless government. Never thought I'd say this, but these days, and with this government, I'd vote for Nixon in a heartbeat:]
***
He covertly aided Pakistan during the Bangladesh Liberation War in 1971 and ended American combat involvement in Vietnam in 1973, and the military draft the same year. His visit to China in 1972 led to diplomatic relations between the two nations, and he finalized the Anti-Ballistic Missile Treaty with the Soviet Union. During the course of his first term, he enacted many progressive environmental policy shifts, such as creating the Environmental Protection Agency and passing laws, including the Endangered Species and Clean Air Acts. In addition to implementing the Twenty-sixth Amendment that lowered the voting age from 21 to 18, he ended the direct international convertibility of the U.S. dollar to gold in 1971, effectively taking the United States off the gold standard. He also imposed wage and price controls for 90 days, launched the Wars on Cancer and Drugs, passed the Controlled Substances Act, and presided over the end of the Space Race by overseeing the Apollo 11 Moon landing. ~ Wikipedia