The government ignores another dam problem and the taxpayer is on the hook. Wouldn't the free market be a better solution? What's in the News with stories on LP court victory, nullification in Montana, ending government indoctrination centers, secession, security theater, whistleblowers Manning and Snowden, and running over protestors. And, a segment on a bunch of really cool stuff happening in New Hampshire.

WHAT’S RUSTLING MY JIMMIES

[1:24]

More than a decade ago, federal and state officials and some of California’s largest water agencies rejected concerns that the massive earthen spillway at Oroville Dam could erode during heavy winter rains and cause a catastrophe. Now that dam is at risk of collapse and prompting the evacuation of nearly 200,000 people.

Thankfully, this disaster was averted, this time, for now. Will the government now have the incentive to fix this dam problem correctly this time? Who knows. We all know the damn government doesn't pay attention to damn incentives because they damn well don't have to.

WHAT'S IN THE NEWS 

[6:32]

In national Libertarian Party news,  a US District Court ruled against the Federal Election Commission (FEC) in Level the Playing Field et al v. Federal Election Commission, in which the Libertarian Party is a co-plaintiff.

In nullification news, the Montana House passed a bill that would authorize a person to carry a handgun on U.S. Postal Service property in the state and set the foundation to nullify in effect an unconstitutional federal firearms regulation. Make sure to check out tenthamendmentcenter.com.

In ending government indoctrination centers news, US Representative Thomas Massie from Kentucky introduced a bill to abolish the Department of Education as a whole by December 31st, 2018.

In secession news, Britain's House of Commons has given final approval to a bill authorizing the government to start exit talks with the European Union, despite fears by opposition lawmakers that the U.K. is setting out on Brexit path with a sketchy roadmap.

In security theater news, The reliability of the Transportation Security Administration's program to weed out terrorists based on their behavior among travelers is coming under scrutiny. Doubts about the program are coming directly from within the TSA, according to documents the ACLU obtained from the agency via the Freedom of Information Act.

In whistleblower news, Chelsea Manning is in need of funds for her release, and I'm calling on my listeners to help her out. As far as I'm concerned, Manning is a hero for going against the grain and releasing the information she released with no concern for her own future. She put her life on the line to reveal disgusting abuses by our military in war, and we can now show our gratitude.

www.gofundme.com/welcomehomechelsea

In other whistleblower news, U.S. intelligence has collected information that Russia is considering turning over Edward Snowden as a “gift” to President Donald Trump — who has called the NSA leaker a “spy” and a “traitor” who deserves to be executed.

In watch your ass news, Tennessee just made it legal to injure protesters who are blocking roadways and other rights of way. The bill, easily passed the Tenessee senate, renders someone who runs over a protester who is blocking the street free from civil liability, so long as the driver was exercising ‘due care.’

NEW HAMPSHIRE – IT'S LIKE THIS TOO 

[20:47]

New Hampshire has had a lot of interesting press and things going on the last couple of weeks, so I thought it would be a great time to throw this segment back into the mix.

First, and one I am most proud of, New Hampshire House Representative Caleb Dyer switched from the Republican Party to the Libertarian Party.

Law-abiding gun owners in New Hampshire are one step closer to enjoying the same rights as their New England neighbors after the state House of Representatives passed SB 12, a bill that allows for constitutional carry.

In other New Hampshire news, in a study compiled by MoneyRates, New Hampshire was ranked the fourth best state to retire in, even beating Florida.

And, finally, a list Where New Hampshire does not come out on top and doesn't want to! Using CDC data on STDs, state and county health agency data, and social media surveys, a survey of the 50 states ranked based on the best and worst states for STDs in America.

 

Read Full Transcript

TEASER INTRO

The government ignores another dam problem and the taxpayer is on the hook. Wouldn't the free market be a better solution? What's in the News with stories on LP court victory, nullification in Montana, ending government indoctrination centers, secession, security theater, whistleblowers Manning and Snowden, and running over protestors. And, a segment on a bunch of really cool stuff happening in New Hampshire.

INTRO

“Welcome to The LAVA Flow, channeling the flow of information to the Libertarian, Anarcho-capitalist, Voluntaryist, and Agorist community. Find us at thelavaflow.com. Here’s your host, Rodger Paxton.”

Thank you for joining me this week, coming to you from the state where Sarah Joseph Hale, author of Mary Had a Little Lamb, was born in Newport, New Hampshire in 1830, this is the show that will bring you the people, places, and events that everyone in the liberty revolution needs to know. You can catch me on Twitter @TheLAVAFlowPod.

This is episode fifty-five, Government Ignores Another Dam Problem, and its Tuesday, February 14th, 2017, Valentine's Day, when there have already been more than 155 people killed by police this year. What's Rustling My Jimmies this week? You're about to find out! Let’s Do It To It!

WHAT’S RUSTLING MY JIMMIES

More than a decade ago, federal and state officials and some of California’s largest water agencies rejected concerns that the massive earthen spillway at Oroville Dam could erode during heavy winter rains and cause a catastrophe. Now that dam is at risk of collapse and prompting the evacuation of nearly 200,000 people.

Back in 2005, three different groups, the Friends of the River, the Sierra Club, and the South Yuba Citizens League filed a motion with the feds to urge them to shore up the dam's emergency spillway with concrete rather than the existing earthen hillside.

The groups filed the motion with FERC, the Federal Energy Regulatory Commission. They said that the dam, built and owned by the state of California, and finished in 1968, did not meet modern safety standards because in the event of extreme rain and flooding, fast-rising water would overwhelm the main concrete spillway, then flow down the emergency spillway, and that could cause heavy erosion that would create flooding for communities downstream, but also could cause a failure, known as “loss of crest control.”

And, knowing they would never have to worry about any recourse if problems arose, FERC rejected that request after the state Department of Water Resources, and the water agencies that would likely have had to pay the bill for the upgrades, said they were unnecessary. Those agencies included the Metropolitan Water District of Southern California, which provides water to 19 million people in Los Angeles, San Diego and other areas, along with the State Water Contractors, an association of 27 agencies that buy water from the state of California through the State Water Project.

Federal officials at the time said that the emergency spillway was designed to handle 350,000 cubic feet per second and the concerns were overblown.

This weekend, as Lake Oroville’s level rose to the top and water couldn’t be drained fast enough down the main concrete spillway because it had partially collapsed on Tuesday, millions of gallons of water began flowing over the dam’s emergency spillway for the first time in its 50-year history.

Such an uncontrolled release from California’s second-largest reservoir while it was completely full could become one of the worst dam disasters in U.S. history.

This event caused Governor Jerry Brown to issue an emergency order and had folks in Oroville terrified. Officials feared that the emergency spillway could fail, sending huge amounts of water into the Feather River, which runs right through downtown Oroville, and other waterways.

Engineers scrambled to release enough water from the reservoir to relieve pressure from the emergency spillway Sunday and apparently it worked. The lake’s water level had dropped several feet by Monday and crews were gathering giant boulders that helicopters would airlift to the emergency spillway and plop onto the area that was eroding.

Thankfully, this disaster was averted, this time, for now. Will the government now have the incentive to fix this dam problem correctly this time? Who knows. We all know the damn government doesn't pay attention to damn incentives because they damn well don't have to. What's going to happen if they don't, and a disaster does happen? Not much. The person at the top of the chain may be fired, and the government will have to pay for fixing the problem, and they will likely be sued. But how does this damage the government? It doesn't. The money they would use to fix these problems and in the likely lawsuits, provided the government judges even award damages, aren't profits from a business, they are literally stolen funds. What do bank robbers do when they run out of stolen funds? They go steal more. So does our damn government.

This, my friends, is yet another example of why everything should be privatized. If this dam were owned by a private company, you can be damn sure they would have a much higher incentive to make sure the damn dam is done correctly to prevent issues like this. Of course, even private businesses are not infallible, and they make mistakes too, but the company would be responsible for any and all damages created by this issue. This is a huge incentive to make sure they get it right, the first time because the money to fix this and the money they would have to pay in restitution would come out of their profits, or out of their shareholder's profits. A major disaster could be enough to bankrupt a company and shut it down. The people at the top who made the decisions that lead to this could be held personally liable. Very few companies would take such a risk. But government can and does because the incentives are not there for them to do it right.

You don't see people flying off of Splash Mountain at Disney World on a regular basis. And, in the very rare instance something like that happens, like in the case of the 10-year-old boy killed on the world's tallest water slide, the company responsible is held responsible. In that case, the family of the boy reached a settlement with the company, Schlitterbahn, last month. Schlitterbahn has already begun demolishing the slide because it is a huge liability to them now. They have been incentivized to protect their assets, by protecting their customers, by tearing down this liability.

Incentives and profits are very powerful forces, which is what makes a voluntary free market much greater than forced government. This is why I'm a voluntaryist and why I call for the replacement of all government with free market solutions.

WHAT'S IN THE NEWS

In national Libertarian Party news, a US District Court ruled against the Federal Election Commission (FEC) in Level the Playing Field et al v. Federal Election Commission, in which the Libertarian Party is a co-plaintiff. The judge ruled that the FEC clearly ignored the very substantial evidence submitted by the plaintiffs that indicate that the Commission on Presidential Debates (CPD) is rigged in favor of the Republicans and Democrats.

The court ordered the FEC to reconsider the plaintiffs' allegations against the CPD within 30 days and reconsider its refusal to reconsider the request for a rulemaking within 60 days.

Libertarian National Committee chair, Nicholas Sarwark, says, "For decades, the CPD has operated in a manner designed to support and perpetuate the two old parties and protect them from any political competition. And for decades, the FEC has been complicit by willfully ignoring the evidence that the CPD is running an illegal bipartisan campaign commercial. We hope that this ruling will get the FEC to start following and enforcing the law fairly."

This is a big step in the effort to have Libertarian and other third-party candidates included in Presidential debates. I, for one, look forward to seeing real libertarians take the debate stage much like Ron Paul did in the Republican debates. His debate performance was a major reason for his large following that created thousands and thousands of new libertarians. This is excellent news. Now, it's up to the party delegates to make sure they actual vote for real libertarians for president going forward. That will be a tougher hurdle than the FEC, I'm afraid.

In nullification news, the Montana House passed a bill that would authorize a person to carry a handgun on U.S. Postal Service property in the state and set the foundation to nullify in effect an unconstitutional federal firearms regulation. HB246’s effectiveness lies in the refusal to cooperate with enforcement of federal law. The bill would prohibit state or local law enforcement from enforcing federal regulations prohibiting firearms on U.S. Postal Service Property.

Federal law currently bans persons from possessing or carrying firearms on USPS property.

While passage of HB246 would not physically stop the federal government from prosecuting a person arrested on USPS property with a firearm, it would remove the most important layer of enforcement. Without state or local police cooperation, who would make the arrests? Without such assistance, the federal government would have a difficult time enforcing its law. The post office would have to rely on federal law enforcement agencies to patrol Montana USPS facilities and make arrests under federal law. It simply does not have the resources to do this effectively. Passage of HB246 would nullify in effect the federal law.

I've talked about nullification on this show an awful lot because I firmly believe that next to secession, it is the best way to protect ourselves from horrible federal legislation. We've seen a lot of nullification the last few years and I fully believe we will see much more in the next decade. If you're interested in helping the efforts of those who work on nullification on a regular basis, please make sure to check out the Tenth Amendment Center at tenthamendmentcenter.com.

In ending government indoctrination centers news, US Representative Thomas Massie from Kentucky introduced a bill to abolish the Department of Education as a whole by December 31st, 2018.

“Neither Congress nor the President, through his appointees, has the constitutional authority to dictate how and what our children must learn,” Massie said in a Facebook post. He added, “Unelected bureaucrats in Washington, D.C. should not be in charge of our children’s intellectual and moral development. States and local communities are best positioned to shape curricula that meet the needs of their students. Schools should be accountable. Parents have the right to choose the most appropriate educational opportunity for their children, including home school, public school, or private school.”

Of course, this is a long shot. It is a very rare thing for government to voluntarily reduce itself or its power. As Ronald Reagan said, “a government bureau is the nearest thing to eternal life we’ll ever see on this earth.” While this could pass a Republican-controlled House and Senate, could anyone really see Trump, the same guy who essentially controls who runs that department? Not likely. But, we can dream, can't we?

In secession news, Britain's House of Commons has given final approval to a bill authorizing the government to start exit talks with the European Union, despite fears by opposition lawmakers that the U.K. is setting out on Brexit path with a sketchy roadmap.

The 494-122 vote is another step on the road to the EU exit door. The bill now goes to the House of Lords, which has the power to delay — but not derail — the legislation.

The vote comes after three days of debate in which pro-EU lawmakers tried to pass amendments guaranteeing Parliament a bigger role in the divorce process and setting boundaries on the government's negotiating stance with the 27 other EU nations.

The government wants to pass the bill through Parliament by early March and trigger the two-year EU divorce process by March 31.

The fears of economic collapse in the UK due to Brexit have been completely unfounded and I believe that will continue to hold true. Being saddled to the EU has done nothing but harm the economies of the countries involved. I expect to see the UK economy grow faster than the EU countries once they are fully removed from the organization. This exit will also, hopefully, embolden some of the US secession movements in the coming years.

In security theater news, The reliability of the Transportation Security Administration's program to weed out terrorists based on their behavior among travelers is coming under scrutiny. Doubts about the program are coming directly from within the TSA, according to documents the ACLU obtained from the agency via the Freedom of Information Act.

The ACLU report says that the TSA's own files were loaded with research questioning the behavior detection program. The program has cost taxpayers more than $1.5 billion to deploy 3,000 detection officers at 176 airports nationwide over the last decade.

The ACLU said. "Academic research and other documents in the TSA's own files reinforce that behavior detection is unscientific and unreliable. The TSA repeatedly overstated the scientific validity of behavior detection in communications with members of Congress and the Government Accountability Office."

The ACLU report, which highlights allegations that the program led to racial profiling, comes four years after the General Accountability Office found defects in the agency's studies validating the program. At the time, a review of about 400 studies on the issue concluded that the chances of spotting deceptive behavior was about in line with flipping a coin.

During 2011 and 2012, according to that GAO report, detection officers in uniform or in plain clothes referred about 8,700 travelers at 49 airports to law enforcement officers. That led to 365 arrests, the bulk in connection to drug and immigration violations—but none for terrorism.

Frankly, the Department of Homeland Security and especially the TSA should be on Massie's hit list right after the Department of Education.

In whistleblower news, Chelsea Manning is in need of funds for her release, and I'm calling on my listeners to help her out. As far as I'm concerned, Manning is a hero for going against the grain and releasing the information she released with no concern for her own future. She put her life on the line to reveal disgusting abuses by our military in war, and we can now show our gratitude.

For the past seven years, Chelsea has been incarcerated. She survived solitary confinement, systemic denial of health care and years of being separated from her friends and community. Through it all she has remained a steadfast voice for liberty and justice and an inspiration to so many. We now have a chance to show our appreciation for all that she has given us.

Following the commutation of her 35-year sentence, Chelsea will head home to Maryland on May 17, 2017. The majority of Chelsea’s adult life has been spent under the control of powerful institutions. Upon her release, she will need logistical, emotional, and financial support to safely transition into the free world.

There is currently a Go Fund Me campaign set up for her. Funds raised will be used to pay for Chelsea’s rent, utilities, health care, clothing and other living expenses for the first year after she is released. This campaign is being organized by her friends and family. The money raised will be deposited directly into her bank account, which is being managed by her current power of attorney. Upon her release on May 17th, she will have full control over all funds donated.

I encourage each of you, no, I beg each of you to go give her some support. I donated a good chunk myself. As of right now, the fund is at $76,255 out of the $100,000 in the last 5 days alone. I'd love to see the amount requested in this Go Fund Me be blown away. Please, even if you can only give a buck or two, do this. You can find the go fund me at www.gofundme.com/welcomehomechelsea.

In other whistleblower news, U.S. intelligence has collected information that Russia is considering turning over Edward Snowden as a "gift" to President Donald Trump — who has called the NSA leaker a "spy" and a "traitor" who deserves to be executed.

That's according to a senior U.S. official who has analyzed a series of highly sensitive intelligence reports detailing Russian deliberations and who says a Snowden handover is one of various ploys to "curry favor" with Trump. A second source in the intelligence community confirms the intelligence about the Russian conversations and notes it has been gathered since the inauguration.

Snowden's ACLU lawyer, Ben Wizner, told NBC News they are unaware of any plans that would send him back to the United States.

Snowden responded to NBC's report on Twitter and said it shows that he did not work with the Russian government.

He said on Twitter, "Finally: irrefutable evidence that I never cooperated with Russian intel. No country trades away spies, as the rest would fear they're next."

The White House had no comment, but the Justice Department told NBC News it would welcome the return of Snowden, who currently faces federal charges that carry a minimum of 30 years in prison.

Trump has had a hard-on for Snowden for some time. In July of last year, Trump said, "I think he's a total traitor and I would deal with him harshly, and if I were president, Putin would give him over." In October 2013, Trump tweeted: "Snowden is a spy who should be executed." CIA Director Mike Pompeo has also called for Snowden to face American justice. "I think the proper outcome would be that he would be given a death sentence," Pompeo said last February.

Fuck these guys in the neck. Here's Trump, who signed the ok for a military strike that killed a child, among many other innocent people, calling for someone who has never harmed a soul in his life to be executed. The hypocrisy is palpable.

In watch your ass news, Tennessee just made it legal to injure protesters who are blocking roadways and other rights of way. The bill, easily passed the Tenessee senate, renders someone who runs over a protester who is blocking the street free from civil liability, so long as the driver was exercising ‘due care.’ The bill was likely in response to The Memphis Black Lives Matter rally last July, which shut down the I-40 bridge with hundreds of protesters refusing to leave. Traffic could not go across, including the parents of a very sick baby.

Paramedic Bobby Harrell with Crittenden EMS recounts “We received a call there was a child needing medical attention stuck in traffic up on the bridge and due to the protest going on the bridge the family was not able to get through.” The Sheriff’s department had to escort the ambulance up the wrong way on the interstate to get to the child.

Harrell said after he had the very sick child in the ambulance, the driver then had to go 25 minutes out of the way to get the child to the nearest hospital.

This comes after several other states including Minnesota, Indiana, Iowa, and North Dakota announced that they were considering similar measures, including one Washington state lawmaker who introduced legislation that would make what he calls “economic terrorism” a class-C felony.

The Tennessee bill doesn’t criminalize the act, but would provide civil immunity to the driver, so long as the driver was not driving recklessly and was exercising due care.

This bridge in Memphis is one that I drove over twice every day to get to work and back home. You can bet that if I were trying to get my sick child to the hospital and there were some protestors blocking my path, I would run over a motherfucker, damn the consequences, damn the torpedoes, full speed ahead. However, if you're just inconvenienced and late to work, I don't feel that is an appropriate response. This is nothing more than tragedy of the commons. You can bet if this road and bridge were managed by a private company, this protest would have been over before it even started good.

NEW HAMPSHIRE - IT'S LIKE THIS TOO

New Hampshire has had a lot of interesting press and things going on the last couple of weeks, so I thought it would be a great time to throw this segment back into the mix.

First, and one I am most proud of, New Hampshire House Representative Caleb Dyer switched from the Republican Party to the Libertarian Party. As the Vice-Chair of the Libertarian Party of New Hampshire, I am very pleased with this development. Our press release, written by none other than my awesome wife, it says, "The Libertarian Party of New Hampshire (LPNH) welcomed State Representative Caleb Dyer as a new party member after Dyer recently changed his party affiliation from Republican to Libertarian. A freshman representative, Dyer became the first NH Libertarian State Representative in more than 20 years to serve the majority of their term as a Libertarian.

Darryl W. Perry, Chairman of the LPNH, said, "Dyer is a fine example of the rare legislator who confidently puts their principles first and foremost. I welcome Dyer into the Libertarian Party with open arms and hope that by 2018, the NH Legislature will once again have an officially recognized Libertarian Caucus."

Dyer, in a prepared statement at a press conference at the Capitol, said, “I believe that it is time to demonstrate to the people of New Hampshire that such a duopoly of partisan interest, which presently controls this House, is not in their interests. In order to ensure the adequate representation…I truly believe the best course of action is to organize outside of the party and force coalition.”

Libertarian National Committee Vice-Chairman Arvin Vorha flew out to speak at this event. Caleb will be speaking at the LPNH convention at the Holiday Inn in Concord on March 18th. You can get your tickets to the convention at lpnh.org.

And make no mistake about it, Caleb is a real libertarian. He holds voluntaryist principles and ran on those principles to get elected. Nowhere else in the country is this possible. Caleb is no John Moore, the Nevada representative who switched to the Libertarian Party and then voted to provide a $750 million subsidy to finance a billionaire-owned sports stadium at the expense of, among others, indigent persons renting weekly rooms in motels, which led to his censure by the Libertarian Party of Nevada. Moore was soundly defeated for re-election in 2016. Caleb, on the other hand, is the real fucking deal.

In Caleb's first vote after the press conference revealing his switch, just a couple of hours after that press conference, he voted on one of the most important bills this year in New Hampshire. Law-abiding gun owners in New Hampshire are one step closer to enjoying the same rights as their New England neighbors after the state House of Representatives passed SB 12, a bill that allows for constitutional carry.

The state House of Representatives voted 200-97 in favor of the measure, which would repeal the need for a permit or license to carry a concealed handgun. Last month the New Hampshire state Senate, in a 13-10 party line vote, passed the bill. Republican Gov. Chris Sununu has repeatedly said he’ll sign the bill into law.

Soon, no longer will New Hampshire residents and visitors need to fear the ramifications of driving with their weapon or if their jacket were to accidentally conceal their legally carries firearm. Open carry has been law here for some time, but concealed carry and carrying a loaded firearm in a car required a permit. This will no longer be the case very soon. It takes several days for a bill in New Hampshire to make it to the Governor's desk.

In other New Hampshire news, in a study compiled by MoneyRates, New Hampshire was ranked the fourth best state to retire in, even beating Florida. The top five rank in order from Iowa at number one to Hawaii, then Maine in third, followed by New Hampshire and then Vermont. Alaska was dead last.

MoneyRates.com looked at eleven different criteria grouped into five categories to determine 2017's best and worst states for retirement. The five major categories included: health and longevity, personal safety, climate, economic factors, and proportion of older residents.

And, finally, a list Where New Hampshire does not come out on top and doesn't want to! Using CDC data on STDs, state and county health agency data, and social media surveys, a survey of the 50 states ranked based on the best and worst states for STDs in America. Coming in First, the worst place to retire and also, apparently the worst state in the nation for STDs was Alaska. As my wife, who has family in Alaska, there is nothing else to do up there. Rounding out the top five were Lousiana, North Carolina, Mississippi, and New Mexico.

New Hampshire ranks number 50, dead last. If you have to end up dead last on a list, this is one that you want it to be! Other New England States Vermont and Maine, were 47 and 48 respectively.

So, as always, I encourage you to check out the Free State Project at freestateproject.org. Sign the pledge and move up here, where you can be friends with an actual Libertarian voluntaryist state representative, carry your concealed weapon legally without a permit, retire in the best state to do so, and not get an STD in the process. Sounds pretty good to me!

OUTRO

Thank you for listening to the show this week. As always, I need to thank my favorite snow tunnel builder, Jessica, for her help with this show. For the show notes to this episode, where I put links and other information that has been on this show, go to thelavaflow.com/55.

I have a new iTunes review this week! YerMom30 said:

To the point. I appreciate Rodger's ability to call it like he see's it. A true libertarian perspective with fantastic articulation. Thanks Rodger for calling spades, spades.

Thanks, YerMom!

A quick shout out to Christian who used my affiliate link to purchase at least $50 worth of items through Purse. He and I each received .01 Bitcoin because of this. Thanks, Christian! Christian is also one of my Executive Producer level donors, so he is a huge supporter of this show. If you want to get a free .01 Bitcoin while saving up to 25% or more on everything you purchase through Amazon, check out Purse through my affiliate link at thelavaflow.com/purse.

I don't have any new donors this week, so I'm still at $183.50 per episode or 73.4% of the way towards my next level where I will be bringing you a full 30-minute episode of The LAVA Flow every week!
And, if you want more of the LAVA Flow, exercise your free-market muscles by going to http://thelavaflow.com/support and giving a per-episode donation of as little as a buck an episode using Federal Reserve Notes through Patreon or Bitcoin through Coinbase. I want to be able to bring you more content soon, so make sure to add your donation today to help make that happen!

Until next time... keep striking the root.

This has been a Pax Libertas Productions Podcast.

 

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