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L. Neil Smith's
Number 476, July 13, 2008

"Empire is a Negative-Sum Game"

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Reassign Him to the X-Files!!
by A.X. Perez

Attribute to The Libertarian Enterprise

The Director of the FBI has already started to live down to expectations. He is complaining that the Heller decision will make it more difficult to enforce the law. I also understand that from time to time under his leadership and that of his immediate predecessors the Bureau has had problems enforcing the law if:

A. Required to get proper search warrants to put in wiretaps.
B. Required to respect people's right to have an attorney present when interrogated.
C. Required to respect people's rights not to testify against themselves.

They've also failed to:

A. Provide defense counsel with copy of all documentary evidence in a capital case.
B. Obtain a conviction in an espionage case unless permitted to detain a suspect for so long that he finally plead guilty in exchange for a suspended sentence so he could get on with his life.

Someone should explain to Director Mueller that this is shoddy police work. These are the procedures we in El Paso mock the Juarez police for practicing. These is why 300 or more women were robbed, raped and murdered and the perpetrators never caught while the Juarez cops tried to lay off the crimes on what appears to be the wrong guy. These are the procedures that created the circumstances for a drug war across the Rio Grande that equals or exceeds the violence of the American filibusters in Iraq and Afghanistan.

This is simply bad police work, therefor a sign of incompetence. Incompetence by the agents who committed these breaches, incompetence by the supervisors who encouraged and rewarded these failures to operate properly. More importantly, Director Mueller and his ilk in federal law enforcement miss the point. It is definitely not their job to try to figure out a way to end run the Constitution. It's not even their job to merely enforce the law within constitutional constraint. It is their job to enforce the Constitution. It is their job to investigate arrest, and bring charges against any law enforcement officials who abuse the law to disarm honest men, carry out illegal searches and seizures, deny suspects their right to remain silent or to have legal representation, who coerce suspects to confess by detaining them without bail or fair trial, and other violations not listed here.

Some have expressed the opinion that the FBI itself is unconstitutional and needs to be abolished. Perhaps, perhaps not. However while it exists it must be bound by the principal that the Constitution is the supreme law of the land. If Director Mueller cannot carry out his duties in compliance with it he is incompetent. If he is unwilling to abide by it he is guilty of malfeasance and misfeasance in office. If he disbelieves in the laws he should be enforcing then his sense of personal integrity should cause him to resign.

Or asked to be reassigned to duties that do not involve respecting/enforcing peoples' rights under the Constitution.

Perhaps the X-Files?

Before President Bush or his successor gets an attack of respect for the Constitution (or the voting clout exercised by America's gun owners) and fires him.


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