Archive for 2014

SPYING: Local judge unseals hundreds of highly secret cell tracking court records; Stingray docs unsealed by North Carolina judge could prompt wave of new appeals. “According to the Charlotte Observer, the records seem to suggest that judges likely did not fully understand what they were authorizing. Law enforcement agencies nationwide have taken extraordinary steps to preserve stingray secrecy. As recently as this week, prosecutors in a Baltimore robbery case dropped key evidence that stemmed from stingray use rather than fully disclose how the device was used.”

A FULL-EMPLOYMENT ACT FOR LAWYERS: CU-Boulder facing Title IX lawsuit from male student suspended in sex assault case. “The student, identified in court documents only as ‘John Doe,’ says he was wrongfully accused and suspended for three semesters after a night of consensual sex. The lawsuit comes amid an unrelated U.S. Department of Education investigation into CU-Boulder, which began last summer when a female sexual assault victim complained CU didn’t do enough to protect her.” From the complaint: “CU-Boulder has created an environment where an accused male student is fundamentally denied due process by being prosecuted through the conduct process under a presumption of guilt.”

I’m beginning to think that this whole campus-sexual-assault thing was secretly instigated by Kurt Schlichter to undermine the higher education establishment and get campus constituencies fighting among themselves, while enriching lawyers.

And seeing as how the complaint against him originated when the woman “realized he’s just another douchy frat dude,” I’m going to suggest that plaintiff’s attorneys in college towns might want to send flyers directly to Greek Row. And maybe even sponsor educational seminars on Title IX. . .

NOBEL PEACE PRIZE UPDATE: While you were sleeping, Obama re-upped us for another year in Afghanistan. “Was Barack Obama conveniently waiting for after the midterm elections to add another year of combat duty to our tour in Afghanistan, or is this just a big coincidence?” Obama’s entire presidency will take place after the 2014 midters — except for what he’s saving until after the 2016 presidential election. You say “lame duck,” he says “more flexibility.”

WELL, THIS IS THE 21ST CENTURY, YOU KNOW: This Japanese Muscle Suit is the real life Power Loader from Aliens. “The 12-pound wearable power-assist device is worn like a book bag and uses a mouthpiece for controls. Wearing it won’t make you suddenly be able to move buildings, but it does make moving larger everyday objects a little easier.”

Another way you can make lifting heavy things a little easier, of course, is by learning to lift heavy things.

SO IF YOU’RE FEELING DEPRESSED ABOUT OBAMA’S IMMIGRATION ACTION, or the situation in general, well, don’t be. Instead, read Kurt Schlichter’s Conservative Insurgency, and make your plans.

MORE ON THOSE “FOUND” EMAILS FROM LOIS LERNER. I’m cynical enough to suspect that they’ve been found for a long time, and the delay was to (1) get past the midterms; and (2) allow someone to vacuum the archives of any truly incriminating material.

MEGAN MCARDLE: Campus Rapes And Kangaroo Courts.

I’ve heard some version of this argument over and over in discussing campus rape prosecutions: “not a big deal, because this is not the government depriving you of your liberty, it’s just a help for victims to get away from their rapists, and nothing really bad happens to the boys.

In the first place, the government is pushing for these relaxed standards of evidence and due process, via Title IX, which means that this is the government doing something to you. Not putting you in prison, to be sure. But — and I hardly believe I have to say this — getting expelled on a sexual assault charge is, in fact, something very bad happening to you. I don’t know why people keep saying that this is “all” that happens, as if it were the educational equivalent of having to change hotels mid-vacation.

Read BuzzFeed’s account of what happened to men who went through these college disciplinary processes to see just how big this can be. One man lost his job after an anonymous caller notified them of his “convictions” — which were for “non-consensual kissing.” It can go on your permanent record, making it hard to get into grad school — you might possibly recover from a youthful bad grades, or plagiarism, but our society doesn’t offer much rehabilitation for sex offenders. You’ll probably lose credits, and for those attending selective schools, it seems likely to me that a man with such a notation on his record would have a hard time enrolling in another elite school.

When people say this is “no big deal,” how many of them would shrug off having this happen to them, on the basis of a hearing where the odds are stacked in favor of believing the accuser, and double standards are often rigorously applied? Which is to say: when two people who are equally drunk have sex, the girl can be presumed to be unable to consent—while the boy is held to be fully capable of determining her level of intoxication, and of making the informed decision not to have sex with someone too much the worse for wine. And this in the name of promoting equality between the genders.

It’s like there’s some entirely different agenda actually at work here.

ONLY THE BEGINNING: Due process win: Swarthmore college settles lawsuit with accused student.

Swarthmore College in Pennsylvania has settled a lawsuit brought by a student accused of sexual assault, admitting the school acted unfairly in charging the student.

In April 2011, a student identified as John Doe shared a kiss and at a later date “consensual physical encounters” with another student identified as Jane Doe, according to the lawsuit filed earlier this year. On May 1, 2011, Jane came to John’s dorm room and initiated consensual sex. The lawsuit alleges Jane admitted she initiated the encounter.

But 19 months later, Jane reported the kiss and initial physical encounters to Swarthmore, saying she had been coerced. After a two-month investigation, the school closed the matter without bringing charges against John.

A few months later, in April 2013, two other students, according to the lawsuit, filed complaints with the Department of Education. These complaints had nothing to do with John Doe.

These complaints caused Swarthmore’s president to announce a “zero tolerance” policy for sexual assault. Just a few weeks later, John Doe’s case was re-opened.

Within a month, John alleges, the school re-opened the case, fast-tracked a hearing and found him guilty of sexual misconduct for an incident that happened two years earlier and had already been investigated and closed. John appealed.

On July 12, 2013, the Department of Education announced it would investigate Swarthmore based on the Title IX complaints unrelated to John. Four days later, according to John’s lawsuit, his appeal was denied.

In early 2014, John filed a lawsuit against Swarthmore alleging multiple violations of its own policies and denying him due process. . . .

Colleges and universities, anxious to be removed from the Department of Education’s list of Title IX investigations, are being incentivized to punish students rather than fairly investigate reports of campus sexual assault. It is terrible that John Doe lost months of his life battling this lawsuit that he could have spent getting an education — a potential detriment to his future earnings potential. His case should serve as a reminder for other colleges that if they treat accused students as guilty until proven innocent and deny them due process in kangaroo courts, they will be sued.

I hope it cost them plenty. And if I were a plaintiff’s attorney in a college town, I’d run “HAVE YOU BEEN FALSELY ACCUSED OF SEXUAL ASSAULT?” ads in the college newspaper on a regular basis.

YOU’VE BEEN GRUBERED! If You Like Your Obamacare Health Plan, You Can Keep It, If HHS Doesn’t Pick a New One For You. “Here’s a Friday Obamacare news-dump for you: In a 300-page regulatory proposal released late this afternoon, the Department of Health and Human Services announced that it is considering changing Obamacare’s auto-renewal rules so that, within the health law’s exchanges, instead of being automatically renewed into your current health plan, you’d be moved into the lowest cost plan from the same service tier. . . . It’s not just auto-reenrollment. It’s auto-reassignment. Basically, if you like your plan, but don’t go out of your way to intentionally re-enroll, the kind and wise folks at HHS or state health exchanges might just pick a new plan—perhaps with different doctors, clinics, cost structures, and benefit options—for you. And if you want to switch back? Good luck once open enrollment is closed. There’s always next year. A hassle? Maybe. But have faith: They know what’s best.”

WHAT ABOUT BILL CLINTON’S? Why Is Bill Cosby’s Career Over, But Terry Richardson’s Isn’t? Actually, Roman Polanski, Woody Allen, Bill Clinton, Ted Kennedy — it’s as if there’s some sort of White Rape Privilege going on here . . . .

UPDATE: Various commenters point out that it’s unfair to put Woody Allen — who faced charges that seemed very dubious — in with the others. That’s a fair point.