A Quick Note About The ACLU

Regarding that gun confiscation story, let me note this tidbit near the end:

Mary Catherine Roper, a staff attorney at the American Civil Liberties Union of Pennsylvania's Philadelphia office, said that the cases seem "pretty outrageous."

"This idea of taking people's guns who are carrying them legally and arresting them is absurd," she said. "The police don't get to decide what is a crime - they only get to enforce what is a crime.

"They are simply acting as vigilantes here and deciding they know better than the law."

And:

Roper said that citizens should remain wary of police who arrest people complying with the law and take their property, even if it is a gun.

"The public may be saying, 'You're getting guns off the street,' " Roper said.

"But there's got to come a point where you want your police, of all people, to respect the law.

"This isn't technical, it's fundamental."

Conservatives like to treat the ACLU as if its a lefty special-interest group. Me? I just think it's an organization trying to protect our rights. I'm glad it's there. Maybe conservatives should be, too.

"Officers' safety comes first, and not infringing on people's rights comes second."

I'm pretty much on record that I find gun ownership the most ambiguous of all the civil rights. It's not that I dispute the meaning of the Second Amendment -- that debate, I think, is for all intents and purposes over -- but, let's be frank: Guns are instruments of violence. Period. I'm not at all certain that the Second Amendment is always and everywhere a good thing.

But I like civil rights a whole bunch, and it seems to me that if I call on folks to defend them when they don't like it, I should do the same thing. That's why I find this story in the Philadelphia Daily News so disturbing:

In the last two years, Philadelphia police have confiscated guns from at least nine men - including four security guards - who were carrying them legally, and only one of the guns has been returned, according to interviews with the men.

Eight of the men said that they were detained by police - two for 18 hours each. Two were hospitalized for diabetic issues while in custody, one of whom was handcuffed to a bed. Charges were filed against three of the men, only to be withdrawn by the District Attorney's Office.

Read further into the story, and you'll hear tales of men arrested after they offered their legal permits to carry the weapons to officers -- who either didn't know the law well enough to accept the documentation, or, because of other issues, couldn't independently verify those permits in a quick and reasonable manner.

In such cases, it seems to me, the call goes to the person who is exercising their rights. If police can't prove you're violating the law, they shouldn't be able to arrest you or confiscate your property. But that's not really the case in Philadelphia, at least. Enter Lt. Fran Healy, a "special adviser to the police commissioner," and this somewhat chilling statement of values:

"Officers' safety comes first, and not infringing on people's rights comes second," Healy said.

That sounds reasonable enough on the surface -- and certainly, nobody wants to see any cop dead -- but: Spend any time in a courtroom, like I have, and you'll realize that "officer safety" is the loophole to end all loopholes. As a general rule, police have to have "reasonable suspicion" -- evidence derived from their observations or witnesses -- to stop you, to frisk you, to arrest you. Under the guise of "officer safety," though, officers can frisk you to (wink) make sure you don't happen to have a weapon. And if they happen to dig criminal evidence out of your pockets -- evidence they wouldn't have had the right to collect otherwise -- well, that's just what happens in the course of things.

Sometimes, you end up with innocent men in state custody for 18 hours because the police can't or won't get their act together.

Like I said: I do want Philly cops to be safe. And guns make the city scary, at times. But I want the police to operate on the presumption that they honor the rights of the citizens they serve. Stories like today's don't offer me comfort.

Netflix Queue: 'Tetsuo: Iron Man'

Really. I don't even know how to discuss this movie. What I can say is that I thought about Takashi Miike's horrifying "Ichi The Killer" tonight, and opted for what I thought would be the less-disturbing flick.

I was wrong.

I won't even attempt a summary. Here's the Netflix description:

Soon after he accidentally runs down a man with a fetish for implanting scrap metal into his body (Shinya Tsukamoto, who also directs), a businessman (Tomorowo Taguchi) begins eerily morphing into a hybrid man-machine, accompanied by twisted, metal-related nightmares. Is the metal fetishist somehow controlling the transformation? Now, the businessman must track down the man he thought he killed before the horrific metamorphosis is complete.

But that makes the flick sound much more benign than it is. A friend called it "torture porn," but that doesn't seem quite right. It also doesn't seem inaccurate, either. There's a lot of phallic imagery in this movie; the main character's penis does, in fact, transform into a giant working drill bit that is put to the expected horrifying uses. So: Not exactly a pleasant evening.

The movie's only about an hour long, and almost completely free of dialogue, but the rapid-fire editing -- if it doesn't trigger a seizure -- ends up being tedious at times. Still, these are movies I thought of, visually and thematically, while watching "Tetsuo":

* Akira Kurosawa's late 1940s work.

* The collected films of Terry Gilliam.

* "Edward Scissorhands"

* "Alien: Resurrection"

* "Godzilla"

* "Eraserhead"

* "Pi"

* "I Know What You Did Last Summer"

* "Crash" (David Cronenberg edition)

* "Planet of the Apes"

One doesn't need to have "fun" watching a movie to appreciate it. But more than a lot of taboo-challenging movies I've seen -- I'm thinking of the "Vengeance Trilogy" and "Three Extremes" here -- I feel somewhat traumatized having seen it. Maybe I'm getting older. I don't know. Whatever: I can't really recommend this film.

Irshad Manji's Questions for the 'Ground Zero Mosque'

Writing in the Wall Street Journal, Irshad Maji suggests that both sides of the "Ground Zero Mosque" debate have been emoting more than thinking. To cut through the clutter, he she suggests that the following questions be posed to the Cordoba House/Park 51/Whatever Is Is This Week organizers:

• Will the swimming pool at Park51 be segregated between men and women at any time of the day or night?

• May women lead congregational prayers any day of the week

• Will Jews and Christians, fellow People of the Book, be able to use the prayer sanctuary for their services just as Muslims share prayer space with Christians and Jews in the Pentagon? (Spare me the technocratic argument that the Pentagon is a governmental, not private, building. Park51 may be private in the legal sense but is a public symbol par excellence.)

• What will be taught about homosexuals? About agnostics? About atheists? About apostasy?

• Where does one sign up for advance tickets to Salman Rushdie's lecture at Park51?

Well, sure. And next time a Catholic or Baptist church gets built in Manhattan, we should be putting those exact same questions forward as well! Either they let Larry Kramer preach from their pulpits, or they hate America!

Look, I'm under no illusion that even a "moderate" Muslim congregation would conform to my -- or any liberal's -- criteria for "right thinking." That's not really the point of this whole exercise for the so-called "tolerance" crowd. "Americans have the opportunity right now to be clear about the civic values expected from any Islam practiced at the site," Manji writes -- and that's the problem with this whole debate. Muslims are being held to a different, higher standard than the rest of us. That's not right.

Federalist 37-38: Making Government Is Hard! (A Two-Part Blog That Includes Supreme Court Musings)

James Madison is sure a whiny sonofabitch.

Sorry. That's crass and vulgar, not at all in keeping with the high-minded aspirations of this project of reading all the way through The Federalist Papers, which is the Founding Fathers' gift to us, the best explanation we have on hand of why they did what they did in crafting the Constitution of the United States.

But in Federalist 37 and 38, we're reminded that the Founders weren't actually demigods who met at a modern Mount Olympus and received the text as a gift from some even higher power. (Not that Madison and others weren't interested in promoting that storyline: "It is impossible for the man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.") They were politicians, really, and very human. And like all humans who have worked really hard on a project, they got irritated at the challenges put forth to the work they'd done.

Is It Time To Bomb, Bomb, Bomb, Bomb-Bomb Iran?

That's the question raised in The Atlantic's September cover story, and is also the topic of my Scripps Howard column with Ben Boychuk this week. My take:

An attack on Iran, whether by Israel or the United States, would have devastating consequences for the rest of us: Iran would almost certainly respond by unleashing its terrorist proxy groups to make war on Western targets, and it could easily make life miserable for shipping in the Straits of Hormuz -- a critical passage for oil exports from the Middle East to the rest of the world. Many people would die, and a shaky world economy might be plunged into depression.

And that's what would happen if the attack worked.

Iran learned the lessons of Israel's attacks on nuclear facilities in Iraq and Syria during the last three decades. The country has spread out and buried its key nuclear facilities. Western intelligence probably doesn't know where all those facilities are located. Even proponents of an attack admit that bombing Iran might not keep that country from obtaining a nuclear bomb -- it just might slow the process a little bit.

Whether you believe an attack is justified, then, depends on your answer to this question: Are Iran's leaders so crazy they would actually use a nuclear bomb once they obtained it?

Certainly, there's little reason to love President Mahmoud Ahmadinejad, or the mullahs who back him. They are Holocaust-denying totalitarian theocrats. But there's little evidence they're ready to commit national suicide. If Israel didn't destroy Tehran with a retaliatory nuclear attack, the United States almost certainly would.

A nuclear-armed Iran is undesirable. It may also be inevitable. The suffering unleashed by an attack on the country, though, would be guaranteed -- while the consequences of a nuclear Iran remain, at this point, hypothetical. If the debacle in Iraq has taught us anything, it is that we should wait for a true threat to reveal itself, instead of squandering blood and treasure trying to ward off a chimera.

Ben's solution? "Let's kill the mullahs."

The Weekly Standard, the 'Ground Zero mosque' and selective McCarthyism

The Weekly Standard, July 26:

Many who object to construction of an Islamic facility so close to the site of the World Trade Center feel that a large, if not dominating Muslim presence there would be at best insensitive and at worst a symbol of the very Islamist supremacy that is the goal of al Qaeda and other jihadist killers. Such sentiments are hardly the last word in a question of public policy. But the background support and financing for this ambitious undertaking are matters that deserve to be addressed. 

The Weekly Standard, Aug. 18:

Nancy Pelosi yesterday: "There is no question there is a concerted effort to make this a political issue by some. And I join those who have called for looking into how is this opposition to the mosque being funded."

Follow-up: Speaker Pelosi announces that she is reviving the House Un-American Activities Committee (HUAC), abolished in 1975. Hearings on the Opposition to the Mosque, featuring inquiries, under oath, as to whether witnesses are now or have ever been members of the American Anti-Mosque Party, will begin when the House reconvenes in September.

 What Nancy Pelosi said was stupid. Full stop. But The Weekly Standard seems to be fine calling for investigations when minority Americans exercise their First Amendment rights. So it's hard to take Bill Kristol seriously when he takes umbrage just because he's on the receiving end of the same treatment.