Ask The Founders

A few times a year, we forgo the guests and open the floor to you, our faithful members to ask us anything. Also, some thoughts on the firing of Kevin Williamson and announcing our live podcast event in Washington DC on May 10th and 11th!

Music from this week’s episode: Bad Blood by Taylor Swift

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  1. TheSockMonkey Inactive
    TheSockMonkey
    @TheSockMonkey

    George Townsend (View Comment):

    TheSockMonkey (View Comment):

    La Tapada (View Comment):
    When he confirmed to Goldberg that those were his carefully considered views he must have known he was most likely going to be fired.

    I don’t know about that. Wasn’t he hired to be the guy that expresses just those views?

    While I understand why anti-abortionists don’t want to talk about charging women with murder, telling ourselves lies about this is not sustainable. We can’t keep up this charade of saying the women are innocent because they were frightened, or worried, or whatever the rationale may be.

    I don’t know why people are keeping this up. It is just another example of how some conservatives are messing things up, when many things seem to be going our way.

    Many people have come around to the point of view that abortion is a horrible thing; that it should be stopped. Now, some people keep going on with the thought that women who engage in it should be charged with murder. If they think this is aiding the cause of stopping abortions, they are sadly mistaken.

    If I remember correctly, the suggestion was made that conservatives must not really believe abortion is murder, since we (supposedly) are not willing to charge the women with murder. That is, I think, what Williamson was responding to.

    But, yeah, it’s not something that brings a lot of people to the anti-abortion side. That’s why it’s not much talked about, except for special pleading arguments that try to exculpate the women.

    • #151
  2. filmklassik Inactive
    filmklassik
    @filmklassik

    Can’t wait for the next one!

    • #152
  3. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    George Townsend (View Comment):

    Al Sparks (View Comment):
    ne example where we led to the cheers of most of the world is the Berlin Airlift. But it’s all been downhill from there.

    I am not going around and around on this. I just had to write this, because of the above statement. I resent it. Reagan was President some thirty years after the Berlin airlift, and that is not going downhill. People loved us when he was President.

    You’re kidding, right?

    Mass street protests in Europe over Reagan’s plans to put missiles in Europe. 

    American kids travelling in Europe putting maple leafs on their backpacks because they were hoping to pass for Canadian.

    • #153
  4. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Gary Robbins (View Comment):

    filmklassik (View Comment):

    Lileks cuts to the heart of the difficult question: Do you suppose the sum total of Conservatism in the hearts and minds of Americans will be greater or lesser after four years of Trump than it would have been after four years of Clinton?

    Lileks: “The sum total will be less.”

    Before the election, I quoted a writer who said, 

    “Conservatism grows in four years in opposition to Hillary, conservatism dies in four years in service to Trump.”

    Conservatism is always “growing in opposition”.

    But what’s the point of “growing” if they don’t do what they promised once they got power?

    As to Hillary versus Trump winning:  I’m sure Conservatism “grew” when LBJ was President.  But we’re still stuck 50 years later with the disaster of the Great Society programs.

     

     

    • #154
  5. George Townsend Inactive
    George Townsend
    @GeorgeTownsend

    Miffed White Male (View Comment):

    You’re kidding, right?

    Mass street protests in Europe over Reagan’s plans to put missiles in Europe. 

    American kids travelling in Europe putting maple leafs on their backpacks because they were hoping to pass for Canadian.

    Listen, I can’t put footnotes on to everything I write, the way people like you seem to imply they want. Of course those on the Left didn’t like Reagan. That goes without saying. Most clear-thinking people did. And they admired us too.

    • #155
  6. Arizona Patriot Member
    Arizona Patriot
    @ArizonaPatriot

    Peter Robinson (View Comment):

    But the fundamental ideas or concepts run as follows: To constitute murder–that is, to satisfy the legal definition–the taking of a human life must involve both premeditation (that’s where the “aforethought” comes in) and ill-will or evil intent (the “malice’). “Malice,” “ill-will,” “evil intent”–these can be slippery concepts, I grant, and there are reams of statutory and case law that attempt the hard legal work of making them concrete and actionable. But as I understand the legal history, state legislators and courts almost always held that the women involved in abortions were innocent of “malice,” and, hence, of murder itself.

    (If there’s a legal historian among the Ricochetti who’d like to weigh in here, please do!)

    Peter, it’s not my area of specialty in the law, as I am a civil litigator, but I think that you are incorrect about this.

    The term “malice aforethought,” when used in the common law definition of murder, is a legal term of art.  Here is a partial discussion from the definition in Black’s Law Dictionary:

    Malice aforethought. In the definition of “murder,” malice aforethought exists where the person doing the act which causes death has an intention to cause death or grievous bodily harm to any person, (whether the person is actually killed or not,) or to commit any felony whatever, or has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, although he does not desire it. or even wishes that it may not be caused. Steph. Crim. Dig. 144; 1 Russ. Crimes, 641. The words “malice aforethought” long ago acquired in law a settled meaning, somewhat different from the popular one. In their legal sense they do not import an actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in general.

    Here’s another, more modern definition of “malice aforethought” from Nolo (a pretty good online legal site), quoted at Cornell’s Legal Information Institute (a great site for things like the text of federal statutes):

    The state of mind necessary to prove first-degree murder. The prosecution must prove that the defendant intended to cause death or great bodily harm, or exhibited extreme and reckless indifference to the value of life. Any intentional killing that does not involve justification, excuse, or mitigation is a killing with malice aforethought.

    [Continued]

    • #156
  7. Arizona Patriot Member
    Arizona Patriot
    @ArizonaPatriot

    [Continued]

    In an abortion, absent a special exception for the unborn, both the mother and abortionist would be guilty of murder, as they are acting in concert to kill a person.

    To illustrate this, consider a mother who wants to kill her 4-year-old child, which is undoubtedly murder.  Say she takes the child to a hit-man’s house, turns the child over, and pays the hit-man to do the deed.  Both mother and hit-man are guilty of murder.

    This is one aspect of criminal liability in the case of a conspiracy.  If the crime is carried out, there is joint criminal liability for all conspirators.  Generally speaking, conspiracy itself is a crime, even if the underlying crime is not committed, though this generally requires two elements: (1) an agreement to commit a crime, and (2) an act in furtherance of the conspiracy.

    Continuing our hit-man example, imagine that the mother and hit-man agreed that he would kill her 4-year-old child, and then the mother drove to the hit-man’s house to deliver the child for the deed, but the hit-man was not at home.  I think that proof of this would be sufficient to prove conspiracy, even if the child was never actually killed.

    • #157
  8. Arizona Patriot Member
    Arizona Patriot
    @ArizonaPatriot

    I think that Kevin Williamson had a bigger point, which Rob seemed to be reaching.

    Peter’s instinct to excuse the woman in an abortion case is common, and somewhat understandable.  But I think that Williamson’s point is that there is no good reason to do so.  We’re talking about a mother killing her child.  Why in the world would you be sympathetic about that?

    I could see reason for sympathy in an extreme case such as rape, just as I could sympathize with a father who carries out a retribution killing of, say, a gang-banger thug who killed his child.  In such extreme circumstances, murder would be more understandable, though still wrong and criminal.  As I understand it, this describes only a tiny fraction of abortions.

    There is a very good reason for what Peter reported as Ed Meese’s practice, as a prosecutor, of going after abortionists rather than the reporting woman (before Roe v. Wade).  It’s like giving immunity to the low-level Mafia guy who turns in the Godfather.  It makes sense for prosecutors to adopt a policy that would not discourage reporting.

    • #158
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