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Brownstone Institute

How media consumers need to think when asked to “trust the experts.”

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From the Brownstone Institute

Reason to Distrust the Experts, Even in Court

BY Gwendolyn KullGWENDOLYN KULL

Repeatedly since the beginning of the covid pandemic response, public officials, media, and celebrities encourage the public to “trust the experts.” In deciding whether to do just that, it is imperative for the public to know what an “expert” is and how the public is advised to receive their testimony under the law.

As a trial attorney, I have practiced many jury trials during which we take testimony from witnesses who have earned the title of “expert.” What most lay persons may not realize–until it’s time for them to perform their civic duty and serve on a jury–is what roles do these witnesses play and how should their expert testimony be weighed.

During jury trials, the trial judge is the arbiter of the law. It is his role to keep order over the proceeding, to make sure the parties play by the rules, to decide questions of law between attorneys, and to instruct the jury members about the law they must follow. Throughout the trial, the judge will take moments to read and explain the law to jurors.

When a party calls an expert witness, that witness is not considered an expert when she first takes the stand and swears to tell the truth. Rather, the parties question her about her specialized education, training, and experiences that would qualify her to be designated an expert witness by the court. Only after that questioning will the party who called the witness ask the court to accept the witness as an expert.

The jury observes and hears all these questions and answers into the expert’s experiences, hearing a condensed version of the expert’s curriculum vitae. If the judge does accept the witness as an expert, he then pauses the testimony to instruct the jury on what being called an expert means:

An expert witness is a person who has some special skill or knowledge in their area of expertise acquired by training, education, and experience. The expert’s “special” or “out of the ordinary” knowledge or skill may be helpful to you, members of the jury, in deciding this case by giving specialized information, explanations, or opinions.

Bear in mind, the jury has just listened to all of the expert’s training, education, and experience. The judge has qualified the witness under the law as an expert, but hearing all about the witness’s training and experience lends credence to their impending testimony–it adds weight to what they are about to say. Often, attorneys will go through an expert’s experiences ad nauseam to bolster the conclusions and opinions the expert is about to make.

The reason attorneys inquire about qualifications at length is because of this vital instruction that every citizen of this country needs to know about so-called experts:

Remember, jurors, you are the sole judges of the credibility and weight of all testimony. The fact that this witness is referred to as an “expert” and that she may have some special knowledge or skill does not mean that her testimony or opinions are right or correct. Just like with any ordinary witness, you should consider when deciding whether the expert witness is being truthful and whether her truthful testimony carries any weight or is accurate on this issue: the witness’s ability to perceive the things about which she testifies, her memory, how she acted and spoke while testifying–was she uncertain, confused, or evasive–, does the witness have any biases or interests in the outcome of the case that would impact her testimony, does her testimony fit with other evidence in the case, consider her specialized training, experience, and ability, the reliability of the sources and information used for her opinions, whether her explanations to support her opinions are reasonable or make common sense, and any other factors you believe relevant to her truthfulness and the value of her testimony.

When deliberating, each individual juror must make up his or her own mind about what are the true facts of the case while deciding together their ultimate verdict. Even during the group discussions, judges instruct jurors to consult with each other to come to an agreement, but only if the agreement can be reached “without doing any violence to your individual judgment.” Individual jurors must not sacrifice his or her honest belief about evidence just to reach an agreement or return a verdict.

These principles of law taught to jurors in a courtroom highlight that groupthink does not lead to a just verdict and that experts may have earned their title, but their testimony may be untrue or not worth anything on an issue. Only after considering all of the relevant evidence should jurors, and the public, decide what makes sense and whether to afford any weight to experts.

Next time you hear that you should “trust the experts,” remind yourself that only you get to decide who you trust and why, based on your common sense and everything you have witnessed and researched.

The foregoing instructions are examples based on the Pennsylvania Suggested Standard Criminal Jury Instructions.

Author

  • Gwendolyn Kull

    Gwendolyn Kull is an attorney who coauthored the prosecutorial ethics guide for the Pennsylvania District Attorney’s Association and developed a youth anti-gun violence engagement program within her jurisdiction of practice. She is a mother of two boys, dedicated public servant, and is now zealously advocating to defend the United States Constitution against bureaucratic tyranny. A graduate of University of Pennsylvania Law School, Gwendolyn has focused her career primarily on criminal law, representing the interests of victims and communities while ensuring proceedings are fair and defendants’ rights are protected.

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Brownstone Institute

Anthony Fauci Gets Demolished by White House in New Covid Update

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From the Brownstone Institute

By  Ian Miller 

Anthony Fauci must be furious.

He spent years proudly being the public face of the country’s response to the Covid-19 pandemic. He did, however, flip-flop on almost every major issue, seamlessly managing to shift his guidance based on current political whims and an enormous desire to coerce behavior.

Nowhere was this more obvious than his dictates on masks. If you recall, in February 2020, Fauci infamously stated on 60 Minutes that masks didn’t work. That they didn’t provide the protection people thought they did, there were gaps in the fit, and wearing masks could actually make things worse by encouraging wearers to touch their face.

Just a few months later, he did a 180, then backtracked by making up a post-hoc justification for his initial remarks. Laughably, Fauci said that he recommended against masks to protect supply for healthcare workers, as if hospitals would ever buy cloth masks on Amazon like the general public.

Later in interviews, he guaranteed that cities or states that listened to his advice would fare better than those that didn’t. Masks would limit Covid transmission so effectively, he believed, that it would be immediately obvious which states had mandates and which didn’t. It was obvious, but not in the way he expected.

And now, finally, after years of being proven wrong, the White House has officially and thoroughly rebuked Fauci in every conceivable way.

White House Covid Page Points Out Fauci’s Duplicitous Guidance

A new White House official page points out, in detail, exactly where Fauci and the public health expert class went wrong on Covid.

It starts by laying out the case for the lab-leak origin of the coronavirus, with explanations of how Fauci and his partners misled the public by obscuring information and evidence. How they used the “FOIA lady” to hide emails, used private communications to avoid scrutiny, and downplayed the conduct of EcoHealth Alliance because they helped fund it.

They roast the World Health Organization for caving to China and attempting to broaden its powers in the aftermath of “abject failure.”

“The WHO’s response to the COVID-19 pandemic was an abject failure because it caved to pressure from the Chinese Communist Party and placed China’s political interests ahead of its international duties. Further, the WHO’s newest effort to solve the problems exacerbated by the COVID-19 pandemic — via a “Pandemic Treaty” — may harm the United States,” the site reads.

Social distancing is criticized, correctly pointing out that Fauci testified that there was no scientific data or evidence to support their specific recommendations.

“The ‘6 feet apart’ social distancing recommendation — which shut down schools and small business across the country — was arbitrary and not based on science. During closed door testimony, Dr. Fauci testified that the guidance ‘sort of just appeared.’”

There’s another section demolishing the extended lockdowns that came into effect in blue states like California, Illinois, and New York. Even the initial lockdown, the “15 Days to Slow the Spread,” was a poorly reasoned policy that had no chance of working; extended closures were immensely harmful with no demonstrable benefit.

“Prolonged lockdowns caused immeasurable harm to not only the American economy, but also to the mental and physical health of Americans, with a particularly negative effect on younger citizens. Rather than prioritizing the protection of the most vulnerable populations, federal and state government policies forced millions of Americans to forgo crucial elements of a healthy and financially sound life,” it says.

Then there’s the good stuff: mask mandates. While there’s plenty more detail that could be added, it’s immensely rewarding to see, finally, the truth on an official White House website. Masks don’t work. There’s no evidence supporting mandates, and public health, especially Fauci, flip-flopped without supporting data.

“There was no conclusive evidence that masks effectively protected Americans from COVID-19. Public health officials flipped-flopped on the efficacy of masks without providing Americans scientific data — causing a massive uptick in public distrust.”

This is inarguably true. There were no new studies or data justifying the flip-flop, just wishful thinking and guessing based on results in Asia. It was an inexcusable, world-changing policy that had no basis in evidence, but was treated as equivalent to gospel truth by a willing media and left-wing politicians.

Over time, the CDC and Fauci relied on ridiculous “studies” that were quickly debunked, anecdotes, and ever-shifting goal posts. Wear one cloth mask turned to wear a surgical mask. That turned into “wear two masks,” then wear an N95, then wear two N95s.

All the while ignoring that jurisdictions that tried “high-quality” mask mandates also failed in spectacular fashion.

And that the only high-quality evidence review on masking confirmed no masks worked, even N95s, to prevent Covid transmission, as well as hearing that the CDC knew masks didn’t work anyway.

The website ends with a complete and thorough rebuke of the public health establishment and the Biden administration’s disastrous efforts to censor those who disagreed.

“Public health officials often mislead the American people through conflicting messaging, knee-jerk reactions, and a lack of transparency. Most egregiously, the federal government demonized alternative treatments and disfavored narratives, such as the lab-leak theory, in a shameful effort to coerce and control the American people’s health decisions.

When those efforts failed, the Biden Administration resorted to ‘outright censorship—coercing and colluding with the world’s largest social media companies to censor all COVID-19-related dissent.’”

About time these truths are acknowledged in a public, authoritative manner. Masks don’t work. Lockdowns don’t work. Fauci lied and helped cover up damning evidence.

If only this website had been available years ago.

Though, of course, knowing the media’s political beliefs, they’d have ignored it then, too.

Republished from the author’s Substack

Author

Ian Miller is the author of “Unmasked: The Global Failure of COVID Mask Mandates.” His work has been featured on national television broadcasts, national and international news publications and referenced in multiple best selling books covering the pandemic. He writes a Substack newsletter, also titled “Unmasked.”

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Brownstone Institute

RCMP seem more interested in House of Commons Pages than MP’s suspected of colluding with China

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From the Brownstone Institute

By Bruce Pardy 

Canadians shouldn’t have information about their wayward MPs, but the RCMP can’t have too much biometric information about regular people. It’s always a good time for a little fishing. Let’s run those prints, shall we?

Forget the members of Parliament who may have colluded with foreign governments. The real menace, the RCMP seem to think, are House of Commons pages. MPs suspected of foreign election interference should not be identified, the Mounties have insisted, but House of Commons staff must be fingerprinted. Serious threats to the country are hidden away, while innocent people are subjected to state surveillance. If you want to see how the managerial state (dys)functions, Canada is the place to be.

In June, the National Security and Intelligence Committee of Parliamentarians (NSICOP) tabled its redacted report that suggested at least 11 sitting MPs may have benefitted from foreign election interference. RCMP Commissioner Mike Duheme cautioned against releasing their identities. Canadians remained in the dark until Oct. 28 when Kevin Vuong, a former Liberal MP now sitting as an Independent, hosted a news conference to suggest who some of the parliamentarians may be. Like the RCMP, most of the country’s media didn’t seem interested.

But the RCMP are very interested in certain other things. For years, they have pushed for the federal civil service to be fingerprinted. Not just high security clearance for top-secret stuff, but across government departments. The Treasury Board adopted the standard in 2014 and the House of Commons currently requires fingerprinting for staff hired since 2017. The Senate implemented fingerprinting this year. The RCMP have claimed that the old policy of doing criminal background checks by name is obsolete and too expensive.

But stated rationales are rarely the real ones. Name-based background checks are not obsolete or expensive. Numerous police departments continue to use them. They do so, in part, because name checks do not compromise biometric privacy. Fingerprints are a form of biometric data, as unique as your DNA. Under the federal Identification of Criminals Act, you must be in custody and charged with a serious offence before law enforcement can take your prints. Canadians shouldn’t have information about their wayward MPs, but the RCMP can’t have too much biometric information about regular people. It’s always a good time for a little fishing. Let’s run those prints, shall we?

It’s designed to seem like a small deal. If House of Commons staff must give their fingerprints, that’s just a requirement of the job. Managerial bureaucracies prefer not to coerce directly but to create requirements that are “choices.” Fingerprints aren’t mandatory. You can choose to provide them or choose not to work on the Hill.

Sound familiar? That’s the way Covid vaccine mandates worked too. Vaccines were never mandatory. There were no fines or prison terms. But the alternative was to lose your job, social life, or ability to visit a dying parent. When the state controls everything, it doesn’t always need to dictate. Instead, it provides unpalatable choices and raises the stakes so that people choose correctly.

Government intrudes incrementally. Digital ID, for instance, will be offered as a convenient choice. You can, if you wish, carry your papers in the form of a QR code on your phone. Voluntary, of course. But later there will be extra hoops to jump through to apply for a driver’s licence or health card in the old form.

Eventually, analogue ID will cost more, because, after all, digital ID is more automated and cheaper to run. Some outlets will not recognize plastic identification. Eventually, the government will offer only digital ID. The old way will be discarded as antiquated and too expensive to maintain. The new regime will provide the capacity to keep tabs on people like never before. Privacy will be compromised without debate. The bureaucracy will change the landscape in the guise of practicality, convenience, and cost.

Each new round of procedures and requirements is only slightly more invasive than the last. But turn around and find you have travelled a long way from where you began. Eventually, people will need digital ID, fingerprints, DNA, vaccine records, and social credit scores to be employed. It’s not coercive, just required for the job.

Occasionally the curtain is pulled back. The federal government unleashed the Emergencies Act on the truckers and their supporters in February 2022. Jackboots in riot gear took down peaceful protesters for objecting to government policy. Authorities revealed their contempt for law-abiding but argumentative citizens. For an honest moment, the government was not incremental and insidious, but enraged and direct. When they come after you in the streets with batons, at least you can see what’s happening.

We still don’t know who colluded with China. But we can be confident that House of Commons staffers aren’t wanted for murder. The RCMP has fingerprints to prove it. Controlling the people and shielding the powerful are mandates of the modern managerial state.

Republished from the Epoch Times

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