Martel writes Grijalva...

Martel Firing of the "Odd Citizen" 'blog sent a letter to Rep. Grijalva. It begins:

You’re acting like a push-over. Look, Ben Nelson and Mary Lanerieu got lots of boodle for their districts...

Read the whole thing. Best humor I've seen in the blogosphere in months!

Border Patrol: "Our arrests aren't really arrests."

Via Terry Bressi, a report in the Nogales International about a possibly unlawful stop, arrest, and search by the Border Patrol.

Pima Medical Institute student Iris Cooper turned around to return to Patagonia to retrieve her forgotten textbooks and was pulled over by the Border Patrol. Maybe seeing someone perform her maneuver gives "reasonable suspicion" for a stop and maybe it doesn't, but as Bressi notes, standards of probable cause for detaining her for half an hour in handcuffs and searching her vehicle probably isn't in order.

Here's the hilarious part:

Agent David Jimarez, a spokesperson for the Border Patrol, said agents more than likely thought they had pulled over a smuggler and that Cooper was cuffed for both their safety as well as her safety. He said that often smugglers will try to run away if they think their vehicle is going to be searched. “The handcuffing doesn’t necessarily mean that she is being placed under arrest,” said Jimarez, referring to Cooper.

"Yeah, you're in handcuffs, you're not free to go, and it's not an arrest because we don't call it an arrest." I suppose it's better than facing prison time for having been punched in the face by Border Patrol, but still both stupid and unbecoming of agents of the law in a liberal republic.

It looks like La Migra might be getting thumped again.

However, Dan Pochado, legal director for the American Civil Liberties Union (ACLU) of Arizona told the Weekly Bulletin/Nogales International that 99.9 percent of the time such an act would indeed be considered an arrest.

"When you are handcuffed that is effectively an arrest because you are unable to leave voluntarily,” Pochado said. "From the information given, it appears that the level of force here would arise to an unreasonable seizure and a violation, therefore, of the Fourth Amendment of the U.S. Constitution."

"Pochado" here is actually "Pochoda", and is no lightweight.

Bill of Rights Day

This post is just to wish readers a happy and free Bill of Rights Day.

Food for thought: It does not appear that the enumeration of rights in the Constitution facilitated abridgements of others. Ponder that next time a "libertarian" offers up "principle" and high abstractions as reason for a policy position.

San Diego police chasing homeless to AZ

On behalf of nine San Diego homeless and a relief-providing church, ACLU Foundation of San Diego and Imperial Counties has filed for injunctive relief and damages against the City of San Diego.

The city would wait until homeless left their belongings to seek services in a church, then confiscate them and load them in a garbage truck. Seized items included medical devices, medications, bedding, winter clothes, identifying papers, and personal effects such as family photos. Victims of this practice were advised to head to Arizona.

The San Diego Union-Tribune and Courthouse News have more.

HT: Nick Martin

Robert Shelton weighs in on UA "Climategate" involvement.

This is why it is good to have a scientist as a University president: he knows how to evaluate popular controversies about science.

In full:

M E M O R A N D U M

TO: UA Employees
FROM: Robert N. Shelton, President
SUBJECT: Email Messages on Climate Change
DATE:Dec. 9, 2009

The University of Arizona takes very serious any allegation of impropriety, academic or otherwise. As soon as news accounts surfaced about selected emails that were illegally obtained from a British university computer server and posted publicly, the UA reviewed the material with the full cooperation of UA faculty whose names appeared on some of those messages.

We firmly believe there is no substance to the negative allegations regarding the content of the emails. To the contrary, the work of our professors is contributing substantially to humanity's growing understanding of the origins and nature of global climate change.

As a matter of course, our faculty adhere to the highest standards of research ethics. Their data, once published, are available to other scholars as required by the journals publishing the work, and in most cases are posted online and hence are freely available for download. Their research conclusions are cross-examined through vigorous rounds of peer review. In the case of collaborative research by the UA's Malcolm Hughes, independent studies by other research groups and critical reviews, including by the National Academy of Sciences, have confirmed both the integrity of their research methods and their basic findings.

The research area in question - global climate change - is the subject of vigorous, worldwide debate. The implications of the findings being produced by the world's scientific community are profound. Naturally, there will be those who will not fully understand or be prepared to accept scientific conclusions that may be upsetting. This is an expected part of our faculty's work. Their response is to inform and explain their research methods as transparently and dispassionately as possible.

The UA faculty mentioned in these stolen emails have done so admirably. For that reason, the leadership of the UA has full confidence and pride in both the scientific methods they have employed, and the conclusions they have reached.

Unlike the Arizona Daily Star's false balance--Ross McKitrick is neither a "skeptic" nor a credible person nor one making reasonable accusations--and the Wildcat's parlay of this into an actual accusation by the paper itself of scientific wrongdoing, Shelton nicely gives weight where weight is due. Shelton is not a journalist and not acting as one, but nevertheless, his use of good sense is exemplary and the note is a show of fair-mindedness. Word to the Washington Post and the Star: Impartiality doesn't require you to give equal time (or, in the Post's case, well more than equal time) to the ridiculous. Most of the time, you do not do so!

What we should see from Hughes and Overpeck is a public lecture. They don't owe it to anyone, but it would go a long way to restore confidence, unfairly lost or not.

No word yet on whether or not either scientist plans to hit back. Maybe the Wildcat crossed the line and maybe it didn't--what's "potentially" supposed to mean?--but there have been things written in the blogosphere, especially about Hughes, that are outright libel. Being upset with a scientist's finding does not justify allegations of "fraud", even if one can cite private e-mails out of context to justify this post hoc. "Fraud" is an allegation of fact, not of opinion.

The Maricopa County tantrum continues.

Via the Phoenix New Times, Andrew Thomas files criminal charges against Gary Donahoe.

Donahoe is the judge who ordered Adam Stoddard to jail.

The excuse: involvement in the supposed conspiracy involving the new court building. The evidence?: a series of rulings with which Thomas and Arpaio disagreed. Chances of indictment?: Minuscule.

Anyone closer to this care to weigh in? Thane?