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	<title>Comments on: Are the Feds Going to Confiscate Musicians Guitars?</title>
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	<description>Defending Life, Liberty and the Pursuit of Happiness</description>
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		<title>By: The Elephant's Child</title>
		<link>http://americanelephant.wordpress.com/2012/05/20/are-the-feds-going-to-confiscate-musicians-guitars/#comment-11442</link>
		<dc:creator><![CDATA[The Elephant's Child]]></dc:creator>
		<pubDate>Mon, 21 May 2012 08:11:27 +0000</pubDate>
		<guid isPermaLink="false">http://americanelephant.wordpress.com/?p=26046#comment-11442</guid>
		<description><![CDATA[Environmentalists&#039; theory is that restricting what can be imported to the U.S. will somehow save tropic forests. Yes, if you had followed the links in the piece, you would have noted that the Lacey Act was intended for internal U.S. wildlife and poaching and crossing state borders to avoid prosecution. It has changed over the years to become vague and useful for the government to criminally prosecute unknowing citizens for supposedly disobeying foreign laws. One man just got out having served several years for importing lobsters in plastic bags instead of boxes, or something like that. I forget exactly, and I don&#039;t want to take the time to look it up. There have been quite a number of victims of this kind of overcriminalization.

What the government wants you to believe is different from what the law seems to say, which is wide open to interpretation, and since Gibson is the only one of several guitar makers that has been raided, though all use similar products, and Gibson just happens to be the only one that is run by a Conservative who actively supports Republicans, it all seems a little odd, except that Obama has an &quot;enemies list&quot; of anyone who is supporting Republicans, and is acting on it. Also odd, is the fact that they were raided 9 months ago, but no charges have been forthcoming. The latest incarnation of the Lacey Act was rammed through Congress by Ron Wyden who attached it as an amendment to a popular farm bill that was sure to pass. The supposed excuse is that though the imported ebony was finished, it wasn&#039;t finished enough. The imported ebony for guitar frets is not illegal under U.S. law, and the governments of India and Madagascar say that it is quite legal under their laws. 

It is well-known in DC that the Environmental and Natural Resources division of the Justice Dept. are eco-zealots, according to what I read. People are being prosecuted for criminal offenses that barely measure up to being civil offenses. Do you nit-pick everyone&#039;s choices of words, or do I just rate special attention?]]></description>
		<content:encoded><![CDATA[<p>Environmentalists&#8217; theory is that restricting what can be imported to the U.S. will somehow save tropic forests. Yes, if you had followed the links in the piece, you would have noted that the Lacey Act was intended for internal U.S. wildlife and poaching and crossing state borders to avoid prosecution. It has changed over the years to become vague and useful for the government to criminally prosecute unknowing citizens for supposedly disobeying foreign laws. One man just got out having served several years for importing lobsters in plastic bags instead of boxes, or something like that. I forget exactly, and I don&#8217;t want to take the time to look it up. There have been quite a number of victims of this kind of overcriminalization.</p>
<p>What the government wants you to believe is different from what the law seems to say, which is wide open to interpretation, and since Gibson is the only one of several guitar makers that has been raided, though all use similar products, and Gibson just happens to be the only one that is run by a Conservative who actively supports Republicans, it all seems a little odd, except that Obama has an &#8220;enemies list&#8221; of anyone who is supporting Republicans, and is acting on it. Also odd, is the fact that they were raided 9 months ago, but no charges have been forthcoming. The latest incarnation of the Lacey Act was rammed through Congress by Ron Wyden who attached it as an amendment to a popular farm bill that was sure to pass. The supposed excuse is that though the imported ebony was finished, it wasn&#8217;t finished enough. The imported ebony for guitar frets is not illegal under U.S. law, and the governments of India and Madagascar say that it is quite legal under their laws. </p>
<p>It is well-known in DC that the Environmental and Natural Resources division of the Justice Dept. are eco-zealots, according to what I read. People are being prosecuted for criminal offenses that barely measure up to being civil offenses. Do you nit-pick everyone&#8217;s choices of words, or do I just rate special attention?</p>
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		<title>By: Subsidy Eye</title>
		<link>http://americanelephant.wordpress.com/2012/05/20/are-the-feds-going-to-confiscate-musicians-guitars/#comment-11439</link>
		<dc:creator><![CDATA[Subsidy Eye]]></dc:creator>
		<pubDate>Mon, 21 May 2012 07:13:19 +0000</pubDate>
		<guid isPermaLink="false">http://americanelephant.wordpress.com/?p=26046#comment-11439</guid>
		<description><![CDATA[It hides your message. What is the &quot;theory&quot; that would lead to federal agents seizing guitars? And either the agents raided the guitar factory for violating the Lacey Act, or that was their pretext (&quot;ostensibly&quot;). But by saying &quot;supposedly&quot;, it suggests that you&#039;re not sure. Maybe that&#039;s what you mean, but I doubt you would want to be vague on such an important point.

I&#039;m surprised that Senator Wyden would say &quot;The law was intended to prevent illegal logging and protect U.S. jobs that are threatened by illegal logging.&quot; Come again? 

The Lacey Act dates back to 1900, in the heyday of America&#039;s first wave of environmental protection. Its origins were in the preservation of hunted wildlife, not to protect jobs in logging. As explained &lt;a href=&quot;http://en.wikipedia.org/wiki/Lacey_Act_of_1900&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;:

&lt;blockquote&gt;In 1900, illegal commercial hunting threatened many game species in the United States. The original Act was therefore directed at the preservation of game and wild birds, making it a federal crime to poach game in one state with the purpose of selling the bounty in another. The law prohibited the transportation of illegally captured or prohibited animals across state lines, and addressed potential problems of the introduction of non-native species of birds and animals into native ecosystems.

&lt;i&gt;It was the first federal law protecting wildlife&lt;/i&gt;, although today it is primarily used to prevent the importation or spread of potentially dangerous non-native species. The Lacey Act also makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant in violation of the laws of the United States, a State, an Indian tribe, or any foreign law that protects plants. The Lacey Act was most recently amended as of May 22, 2008, when the Food, Conservation, and Energy Act of 2008 expanded its protection to a broader range of plants and plant products.&lt;/blockquote&gt;

What the crackdown on Gibson sounds like is more an (over?) enforcement problem than a problem of the law per se.

It would be useful if there were a more dispassionate and more international discussion of these issues. Illegal harvesting of tropical timber, and of endangered plants and animals, is still a huge problem in countries with poor governance, like Madagascar, which has a unique forest ecosystem. And although the people running the governments of these countries (often in league with the poachers) may be OK with such poaching, citizens within the affected areas, especially native tribes, sometimes give their lives in attempts to stop it.]]></description>
		<content:encoded><![CDATA[<p>It hides your message. What is the &#8220;theory&#8221; that would lead to federal agents seizing guitars? And either the agents raided the guitar factory for violating the Lacey Act, or that was their pretext (&#8220;ostensibly&#8221;). But by saying &#8220;supposedly&#8221;, it suggests that you&#8217;re not sure. Maybe that&#8217;s what you mean, but I doubt you would want to be vague on such an important point.</p>
<p>I&#8217;m surprised that Senator Wyden would say &#8220;The law was intended to prevent illegal logging and protect U.S. jobs that are threatened by illegal logging.&#8221; Come again? </p>
<p>The Lacey Act dates back to 1900, in the heyday of America&#8217;s first wave of environmental protection. Its origins were in the preservation of hunted wildlife, not to protect jobs in logging. As explained <a href="http://en.wikipedia.org/wiki/Lacey_Act_of_1900" rel="nofollow">here</a>:</p>
<blockquote><p>In 1900, illegal commercial hunting threatened many game species in the United States. The original Act was therefore directed at the preservation of game and wild birds, making it a federal crime to poach game in one state with the purpose of selling the bounty in another. The law prohibited the transportation of illegally captured or prohibited animals across state lines, and addressed potential problems of the introduction of non-native species of birds and animals into native ecosystems.</p>
<p><i>It was the first federal law protecting wildlife</i>, although today it is primarily used to prevent the importation or spread of potentially dangerous non-native species. The Lacey Act also makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant in violation of the laws of the United States, a State, an Indian tribe, or any foreign law that protects plants. The Lacey Act was most recently amended as of May 22, 2008, when the Food, Conservation, and Energy Act of 2008 expanded its protection to a broader range of plants and plant products.</p></blockquote>
<p>What the crackdown on Gibson sounds like is more an (over?) enforcement problem than a problem of the law per se.</p>
<p>It would be useful if there were a more dispassionate and more international discussion of these issues. Illegal harvesting of tropical timber, and of endangered plants and animals, is still a huge problem in countries with poor governance, like Madagascar, which has a unique forest ecosystem. And although the people running the governments of these countries (often in league with the poachers) may be OK with such poaching, citizens within the affected areas, especially native tribes, sometimes give their lives in attempts to stop it.</p>
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		<title>By: The Elephant's Child</title>
		<link>http://americanelephant.wordpress.com/2012/05/20/are-the-feds-going-to-confiscate-musicians-guitars/#comment-11438</link>
		<dc:creator><![CDATA[The Elephant's Child]]></dc:creator>
		<pubDate>Sun, 20 May 2012 23:15:26 +0000</pubDate>
		<guid isPermaLink="false">http://americanelephant.wordpress.com/?p=26046#comment-11438</guid>
		<description><![CDATA[Um. possibly because I was writing with my choice of words?]]></description>
		<content:encoded><![CDATA[<p>Um. possibly because I was writing with my choice of words?</p>
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		<title>By: Subsidy Eye</title>
		<link>http://americanelephant.wordpress.com/2012/05/20/are-the-feds-going-to-confiscate-musicians-guitars/#comment-11437</link>
		<dc:creator><![CDATA[Subsidy Eye]]></dc:creator>
		<pubDate>Sun, 20 May 2012 16:01:19 +0000</pubDate>
		<guid isPermaLink="false">http://americanelephant.wordpress.com/?p=26046#comment-11437</guid>
		<description><![CDATA[Why do you keep writing &quot;supposedly&quot; and &quot;theoretically&quot;? I&#039;d either drop the words or use &quot;ostensibly&quot;.]]></description>
		<content:encoded><![CDATA[<p>Why do you keep writing &#8220;supposedly&#8221; and &#8220;theoretically&#8221;? I&#8217;d either drop the words or use &#8220;ostensibly&#8221;.</p>
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