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The Devil’s Bargain: The Illusion Of A Trouble-Free Existence In The American Police State

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Freedom Outpost

 

Whether the mask is labeled fascism, democracy, or dictatorship of the proletariat, our great adversary remains the apparatus—the bureaucracy, the police, the military. Not the one facing us across the frontier of the battle lines, which is not so much our enemy as our brothers’ enemy, but the one that calls itself our protector and makes us its slaves. No matter what the circumstances, the worst betrayal will always be to subordinate ourselves to this apparatus and to trample underfoot, in its service, all human values in ourselves and in others.—Simone Weil, French philosopher and political activist

 

It’s no coincidence that, during the same week in which the U.S. Supreme Court heard arguments in Yates v. United States, a case in which a Florida fisherman is being threatened with 20 years’ jail time for throwing fish that were too small back into the water, Florida police arrested a 90-year-old man twice for violating an ordinance that prohibits feeding the homeless in public.

Both cases fall under the umbrella of overcriminalization, that phenomenon in which everything is rendered illegal and everyone becomes a lawbreaker. As I make clear in my book John Yates, a commercial fisherman, was written up in 2007 by a state fish and wildlife officer who noticed that among Yates’ haul of red grouper, 72 were apparently under the 20-inch minimum legal minimum. Yates, ordered to bring the fish to shore as evidence of his violation of the federal statute on undersized catches, returned to shore with only 69 grouper in the crate designated for evidence. A crew member later confessed that, on orders from Yates, the crew had thrown the undersized grouper overboard and replaced them with larger fish. Unfortunately, they were three fish short. Sensing a bait-and-switch, prosecutors refused to let Yates off the hook quite so easily. Unfortunately, in prosecuting him for the undersized fish under a law aimed at financial crimes, government officials opened up a can of worms.

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