Category: The Law

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Just some food for thought…

JROppenheimer LosAlamos

I wasn’t planning on another piece about Apple v. The FBI. But here goes…

For all those pundits, wags, celebrities, politicians, and now Rabbis speaking out and telling Apple that they should decrypt the San Bernardino shooter’s iPhone, I submit this.

Apple is apparently applying the thought Robert Oppenheimer had after he helped create the atomic bomb.

When you see something that is technically sweet, you go ahead and do it and you argue about what to do about it only after you have had your technical success. That is the way it was with the atomic bomb.
– J. Robert Oppenheimer

I believe this quote is often paraphrased to;

Just because you CAN do a thing, doesn’t necessarily mean you SHOULD do a thing.

I’ve lived my life using that paraphrase as a test for certain actions. I look at it as a cautionary signpost for all scientists and researchers.

Project t virus by linkin368 d3gt57g

Just because you can modify the DNA of influenza to deliver a genetic update to all the people of the world… should you? What about murphy’s law? Can you really limit the unintended consequences? 

OR is it simply better to recognize that never creating the technology is the best course of action?

Thumb01m

All these people saying Apple should crack the phone, have no idea what they’re talking about. It’s not an easy task, even for Apple. Cracking encryption isn’t what you see in the movies. 

You don’t just plug a widget into a port, have some dialog about how cool you are and then hear a beep as the NSA computers start spilling all their information onto your impossibly small storage device.

At this point it’s unclear if the iPhone in question is using something as simple as a 4 digit code. It’s likely, but depending on the IOS version being used, the phone could be locked using a phrase.

If there’s a passphrase the odds of success hacking it with a brute force attack drop precipitously with each character added to the passphrase length.

James comey fbi

The brute force attack that the FBI is describing is crude and there is no guarantee that if they win in court, forcing Apple to be their bitch, that when they finally get into the phone there won’t be a nasty little application that has encrypted all the files the FBI wants using an entirely different algorithm, from another manufacturer.  If that’s the case, is the FBI going to get another court order? Probably not, because this is about the FBI making an example. Apple just happens to be the biggest target. 

It’s just as likely, this Jihadi fucker was using a messaging application that wiped the messages 5 minutes after they were read.

Federal and state fbi agent

If the guy was at all concerned about security, He probably turned off all the Apple Tracking software, I know I did right after Edward Snowden blew the whistle.

I’m not a criminal, but I value my privacy and am willing to forego my phone being able to tell me where the nearest Häagen-Dazs is, to maintain my privacy.

This means that Apple providing a custom operating system to disables the automatic wipe on the phone and allow unlimited access to the phone’s password system is likely not going to get the FBI anything more than they already have based on cell tower records.

By the way, because of the number of towers in the San Bernardino area, cell tower data can pinpoint the movements of this Jihadi asshole to within a couple hundred feet or less.

The NSA Actually Has A Program Called SKYNET

So the FBI is lying right from the get-go, when they say they want access to the phone so they can figure out where this Jihadi and his diseased rancid whore of a wife, were before, during the shooting, and after. 

The cell tower records would already provide that information and if the guy turned off his phone while visiting some nefarious underworld figure. Or dropped it in a Faraday bag or cage…

LOKSAK SHIELDSAK Flexible Fabric Faraday Cage Anti RF Protective Bag RF Fortress Radio Frequency Camouflage NDIA SOFIC 2014 David Crane DefenseReview com DR 10

Then the FBI would still get nothing from the phone because at that point the phone would have been cut off from the cell tower or any GPS information and likewise wouldn’t have been able to transmit any of that information.

But we know that the FBI has nine OTHER phones they want to force Apple to help them unlock. 

Apple icon apple

The problem here is that Apple has never created the software to unlock or hack their devices.

Why should they?

Apple tells you, “don’t lose your password, we cant help you if you do.”

So they have a secure device, and they can insure the device’s security because they’ve never created any software to undo their encryption or their locking mechanism.

Just because you CAN do a thing, doesn’t necessarily mean you SHOULD do a thing.

Achmed

Dear Apple customer… “If you loose your password, you can wipe the phone and start over. We strongly recommend you have the data backed up. Apple provides the iCloud service for this purpose.“

It’s recently come to light, that the FBI ordered the San Bernardino County IT department to change the password on the iCloud account and therefore broke a link that could, with Apple’s help, have gained access to the phone.

Now the FBI wants to use a court order to force Apple to UNFUCK their fuckup. But that’s not the end game.

The end game is that the FBI wants to force manufacturers to build government backdoors into all devices. 

BMZ9g3ZCMAAvZN2

The FBI is using “terrifying terrorists” and criminals, to spook congress and the courts into passing legislation that mandates government access be built into all machines. They and their supporters are using the time honored B.S. line;

“For the safety and security of the public…” or that old favorite “We do this for THE CHILDREN”

I’m not sure I believe in the slippery slope argument but I do think it’s a very short walk to losing rights that we’ll never get back.

That walk begins with statements that start out, “It’s worth losing a little privacy, or freedom, or changing the laws, or, or, or,  for safety.” see; The Patriot Act

 When I see our government behaving this way, and I hear people saying, “it’s just a little invasion,” I can’t help but think of the poem The Hangman.

I could see a time in the future when it’s illegal for you not to have your phone on your person.

After all, the government would only want to keep track of your movements and communications to insure your safety… Right?

Back doors in our devices are, I think just a stepping stone to full surveillance.

“You have nothing to fear, if you have nothing to hide.”

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Obviously I’m missing something.

La me ln apple san bernardino security 2016021 001

The FBI went to a judge and apparently whined they couldn’t access the data in one of the San Bernardino Terrorist’s phones. 

A Judge ordered Apple to assist the FBI.

Apple responded that the programming doesn’t exist (by design) which would allow even them (Apple) to break into the phone.

Then Trump gets in on the action and says we need to get the information on that phone.

To which I say;

NO WE DON’T

I’d like to tell Trump to be quiet and let the adults talk.

Just because the information happens to exist on a phone, doesn’t mean that we have to access it. If the data were written on paper that had been burned, the FBI wouldn’t have access to it would they? Data locked on a phone is essentially the same.

The FBI does have other phones belonging to the San Bernardino Terrorists. They have access to all the bills and phone records of calls made to and from each of the phones in question.

Along with that information the FBI no doubt has access to all the text messages, or at least the source and destination phone numbers associated with those text messages. Just as I have that information for SMS messages printed on my cell phone bill every month.

What the FBI doesn’t have is information that may have been sent from that iPhone 5C to other iPhones, iPads, or Macs. This is because the information was sent via data channels instead of via SMS.

To quote another famous phrase, “What does it matter at this point anyway?”

The FBI has the terrorist’s computers, the odds are damn high that any communications carried out on the phone were replicated on the computers.  These terrorists are dead on the pavement, they’ve been disavowed by ISIS, Al Qaeda, and the Taliban. 

This strikes me as nothing more than an end run around the issues of encryption by the FBI. 

Apple doesn’t have the software to break into the phone, because creation of that software would eventually mean that the software would get out. After all we all know how secure Data at the Office of Personnel Management was. How about the IRS data? Or the Healthcare.GOV data? Or, Or, Or…

Once a program capable of cracking the encryption on an iPhone or Samsung phone is out in the world, no-one has privacy.

This is the fundamental argument Tim Cook of Apple has been making all along.

Apple is very explicit in their encryption warnings on their computers. If you loose this password and you don’t have a recovery key we can’t help you. My computer’s drive is encrypted, I have the key stored and I know the password. But I don’t expect Apple to be able to decrypt my drive, or my iPhone, or my iPad. Even if I was stupid enough to loose or forget the passwords…

I don’t want Apple to be able to decrypt my stuff ever!

Beyond that is this point.

MIT recently reported there were something like 586 different encryption programs freely available from a variety of sources. So even if Apple compromises it’s principals (I hope to God they don’t) Criminals will simply choose an alternative encryption technique.

When that happens, what’s the FBI going to do? Bitch, piss, and moan their way into making a manufacturer in Switzerland, for example build them a backdoor?  If that day comes I’d be curious to see the response the FBI gets.

According to the LA Times article Farook disabled the icloud backup 6 weeks prior to the attack. It’s entirely likely that Farook disabled the GPS function and deleted messages as well. So even if the FBI gains access, it’s questionable if there will be any useful data recovered.

Regardless, the damage done to American privacy will be done.

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At the Neighborhood watch meeting the other night…

Shooter

There was a very informative “Active Shooter” presentation by the Sheriff’s department, complete with a pump shotgun being fired outside the building.

I’d never heard what one of those sounds like if it was outside and I was inside. The sound was far different from what I’d have expected. It was more of a thump-pop and the volume was low enough that if I’d been further away I might not have even paid it any attention.

And that’s the point of training isn’t it? It’s one thing to hear the sound of a rifle, shotgun, or handgun when you’re the one firing it with ear and eye protection. It’s quite a different thing to be inside a building, hearing the shots outside or coming from another building.

runhidefight

The officers were professional and awesome. I generally like our police, I just wish they’d re-open the substation here in town.  Right now they’re 30 minutes away, so often by the time they get here whatever was going on is already done. The big difference is when the snow players are up then we’ve got a pretty good police presence.

active-shooter-hoodieActive shooters aren’t like average criminals. They’re out to hurt as many people as possible and they’re usually very young. I was shocked that the average age is 16.

Because they’re out to hurt a lot of people, the police are going to engage quickly and will likely not be taking the shooter into custody.  The reason is, Active Shooters often kill themselves or do something that forces the police to shoot them.

If you get an opportunity to attend an Active Shooter presentation I highly recommend it.

Escaping is bestThe main take-aways for me were confirmation that what I’d already been doing, was in fact prudent not paranoid.

1) Note exits (In fire, attack, flood, earthquake, etc. it’s a good idea to know which direction is likely to get you out of harms way.)

2) Plan (Run a quick scenario of how you’d get to an exit in an emergency. Don’t dwell on it, just note obstacles, and realize the closest exit may not be the “Best” exit.)

3) In an Active Shooter situation you’ve got three options. a) Exit / Escape, b) Hide / Shelter in place, c) Fight.

The thing I liked about the presentation was that the officers covered all three of the options in a pragmatic realistic way. They didn’t dwell on Islam, or Schools, or allow the training be taken off into the merits of concealed carry.

They simply discussed what is known about Active Shooters. And gave some tips that may be helpful in surviving an event if you were to ever find yourself in a shitty situation.

EvacuateThey talked about how to behave if you’ve been able to evacuate and come face to face with a group of armed officers entering the building. Easy answer… HANDS UP! Fingers spread, and do exactly what the officers tell you to do.

Don’t fight, argue, or bitch about it. These folks have no freaking idea what they’re walking into and have no idea if you’re the good guys or bad guys.  That was useful to me because I’d be worried about running out of a building and spooking an officer then getting shot because I didn’t know what I was supposed to do.

Baracade

If you’re hiding / sheltering in place, get into a space that can be locked. Turn off the lights and your phone sound makers, and be quiet. It seems that Active Shooters get into a predatory mode. So don’t attract their attention in any way.

Shooters will typically pass by locked or barricaded doors because their goal is to hurt a lot of people. If a space looks empty and the door isn’t easily opened they’re not going to waste time, they’re going to look for obvious and easy targets.

Runhidefight

If you’ve got no choice FIGHT!  And when fighting your aim is to KILL you are fighting for your life and possible the life of your loved ones. All bets are off, there are no Queensbury rules.

Curb stomp the fucker if you can, severely fuck him up if you have the opportunity.  This person is no longer a person. Something inside them is horribly broken and there is no reasoning with them. Don’t try talking, don’t negotiate, they’re not going to hear you.

Dylan ThomasRemember almost anything in the local environment can be used as a weapon. A heavy object swung with intent and force can do enough blunt force damage that the threat is neutralized.

The police were very clear, leaving is the first, best option.

Not getting into a situation is even better. If something looks strange, or someone is behaving strangely it’s not paranoid or un-politically correct to report it.

A person might be acting strangely because they’re having a medical event. Think about this, the sooner that person gets medical help, the less likely whatever is happening will kill them. If on the other hand someone is acting strangely because they’re about to snap, then police intervention sooner rather than later may well stop a massacre.

02-053625-active_shooter_reported_in_san_bernardino_caEither way, the right people get on scene to handle a situation.

The thing they left unsaid and that I inferred is after you’ve reported the issue, either person or unattended bag, purse, backpack, package, etc. Leave the area.

This ties into my “Time to leave the party” instinct.

There are times when things are starting to get out of hand, at a party, or event, and I’ll just head to the exit. It’s not that I’m chicken (I do have a well honed sense of self preservation), I just don’t want to be involved in someone else’s drama. I may stick around if the drama involves someone I genuinely like or care about.

Generally if someone has issues, those issues aren’t my concern and I have zero desire to be sucked into the insanity.

So if I’m at a shopping center, or company party, or restaurant, and some craziness walks in the front door, I’m walking out the back, before the crazy spreads or the shooting starts.

The point is not to live in fear, and not to be paranoid.

The point is, be actively aware of what’s going on around you. Have an awareness of your surroundings and have a sketched out plan of what to do if, God Forbid, there is some kind of emergency.

In view of all the information the police were presenting, I suddenly flashed on the whole New Years Eve debacle.  On the one hand I was glad to have the police verify that my normal operating behavior wasn’t insane or paranoid.

On the other hand, I’d have loved to have the dumbass that kept repeatedly telling me I was a fearful paranoid dumbshit, duct-taped to a chair being forced to listen to this presentation. I’d like to do that only because I wonder how long it would take before his head exploded.

Then again, people like him would serve as distraction while I make like Elvis and… leave the building.

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Can’t take it anymore…

IBM PC XT

I’ve been pointedly ignoring all the bullshit about Trump, the billion or so goofball Republican candidates, Megan Kelly (Who the hell is she?) And Hillary freakin Clinton.

I can’t remain silent anymore.

Hillary Clinton should be in Leavenworth, in a deep dark hole of a cell, shackled and awaiting trial. The FBI should have picked her happy ass up wherever the hell she was on the campaign trail the moment it was discovered that she had sent classified material over her private little server.

Hillarys Email Server

I’m not talking about material that has since been classified, or material that has been declassified, because there is no distinction. The business of the State department of the United States of America, should by default be considered Confidential if not Classified from the get-go. That’s why the United States has a whole bunch of Operational Security specialists, and requires employees and contractors to be re-certified in Operational Security every six months to a year, (Depending on the materials employees are handling,) just to keep it straight. And the rule of thumb is ASSUME a document is Classified and you’ll never go wrong. 

Classified

Which means this private email server should never have been allowed to exist. Innumerable agencies within the government who are charged with maintaining the security of the United States had to know about this server, its location, and its security status. They were told to “ignore it” because… why?

If I’d done what Hillary did… I’d be lucky to be sitting in Leavenworth. I think it’s more likely I’d have been sent someplace really nasty, provided the government didn’t put me on trial for treason then shoot me.

Leavenworth Penitentiary

I don’t think treason can be proven but the government tends to “over charge” in this kind of litigation because they want to make sure you don’t get off on a technicality.

One only has to look at the case of Aaron Swartz as example.  

Aaron Swartz

Swartz was simply making academic articles available via a P2P network from JSTOR and the issue had been settled between JSTOR and Swartz when the Federal Government stepped in.  Once involved, the Feds slapped Swartz with 13 criminal charges carrying a potential 35 years in prison and 1 million in fines. The case was pending when Swartz killed himself. By the way, most if not all, of the information Swartz distributed, was free, and still is today. I think the majority of Swartz’s crime was that he used the P2P distribution system to bypass JSTOR’s requirement for you to be a registered subscriber. I’m not clear on if he was costing JSTOR money.

So here we have a guy who’s maybe costing someone a little cash.

Hillary Clinton

Then we have Hillary who, for her own convenience hired a company that appears to have been unvetted by the US government, whose employees were apparently not subject to background security checks, to set up a server outside the control of the US government, handling Classified material and emails from one of the highest levels of the US government.

As the onion got peeled Hillary denied that classified emails were on the server. (Turns out there were classified emails on the server.) Hillary then said SHE decided what was important to turn over to the government, and deleted the rest of the information. Uhh that’s not how this works ma’am.  Now we’re finding out that the security of the server is in question. (Was there encryption? Who had physical access to the machine?)

Hillary Clinton

Hummm. IS IT JUST ME?

I thought rules and the law were supposed to apply equally to everyone. Yet here we have a clear example of someone who is not only above the law and social constructs, but they are still running a campaign to become President!

For God’s sake people, we’ve burned other politicians down for far less.

It’s well past time to force Hillary out of the Presidential Race.

This is not the kind of elitism we need in our government. We don’t need another liar in the White House. We don’t need yet another person in office who doesn’t understand and obey the rules.

I admit, I look forward to Hillary’s arrest for Contempt of Congress. That will be a day to be watching CSPAN.

 

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Here’s a Judge that should be Immediately disbarred

This woman is beyond evil Here’s a link to the article

There is nothing I could possibly add here other than these children have been abused by a bitter divorce, by a legal system that they will never trust, by a judge who was supposed to protect them and look after their interests and lastly by the 200 other Juvenile offenders they’ve been incarcerated with.

These children’s constitutional rights have been violated and I pray an attorney that is as offended as I am will champion the children and sue the shit out of this Judge.

It is odd that the father didn’t put a stop to the Judges bullying. I’m pretty sure that before this bitch got a chance to send my kids to Juvy, She’d have already had to sentence me for contempt or possibly assault as I went for her throat.

If I’d been their Dad, while I cooled my heels in jail, I’d at least have the satisfaction that my kids were safe and free.

Apparently, I have more fatherly instinct than this guy and perhaps that’s the source of the problem he has with his kids. Perhaps he was just stunned at witnessing a grotesque misuse of judicial power.

 

From The Watch

Michigan judge bullies children in open court for refusing to see their dad

By Radley Balko July 9 at 2:37 PM

LisaGorcyca

The Internet is abuzz this morning about Michigan Circuit Judge Lisa Gorcyca, who berated three juvenile siblings in her court before sending them to juvenile detention. Their crime? They didn’t want to have lunch with their father.

From the Detroit Free Press:  Three Oakland County children who refused to go to lunch with their father, as part of a bitter divorce and custody battle between their parents, are spending their summer in the county’s juvenile detention center, according to court records.

“We’ll review it when school starts, and you may be going to school there,” Oakland County Family Court Judge Lisa Gorcyca told the children during a June 24 hearing, referring to the center in Waterford Township called Children’s Village, where authorities house as many as 200 juvenile offenders.

Gorcyca, who blamed their mother for poisoning the children’s attitude toward their father, ordered the children be sent to the center for defying her orders — while in court — that they go to lunch with their father.

The children — ranging in age from 9 to 15 — were deemed in contempt of court last month by Gorcyca for disobeying her orders to “have a healthy relationship with your father.”

We’re already well into the absurd here. Even assuming the judge is correct that the mother is turning the kids against their father, why in the world would a judge punish the kids for that? Keep in mind, these kids aren’t accused of any crime. They’re accused of defying a judge who ordered them to have a relationship with their father. And they say this is because their father is abusive (which, again, is an accusation we have no way of knowing is true or false).

But it gets much, much worse. Gorcyca then seems to lose her temper — and all perspective. Here’s another account, from the Oakland County Daily Tribune:An Oakland County circuit judge who sent three children to a juvenile detention facility for  refusing to speak to their father compared the kids to cult leader Charles Manson.

Oakland Circuit Judge Lisa Gorcyca declared the children of Maya Tsimhoni in contempt of court last month and ordered them held at Oakland County Children’s Village until they attempt to have a relationship with their father or they turn 18.

The three — ages 9, 10, and 15 — have been incarcerated for more than two weeks . . .

“I do apologize if I didn’t understand the rules,” said one boy, 15, “but I do not apologize for not talking to (the father) because I have a reason for that and that’s because he’s violent and I saw him hit my mom and I’m not going to talk to him.”

The father has not been charged with a crime.

Gorcyca called the boy a “defiant, contemptuous young man” and asked him if there was anything he’d like to say about being sent to Children’s Village.

“I didn’t do anything wrong,” the boy said.

“No, you did,” Gorcyca said. “I ordered you to talk to your father. You chose not to talk to your father. You defied a direct court order. It’s direct contempt so I’m finding you guilty of civil contempt.”

The boy responded: “But he was the one that (did) something wrong. I thought there (were) rules .. for not hitting someone.”

“You’re supposed to have a high IQ, which I’m doubting right now because of the way you act,” Gorcyca said.  “You’re very defiant. You have no manners … There is no reason why you do not have a relationship with your father . . .”

It then got especially weird.

“You need to do a research program on Charlie Manson and the cult that he has … You have bought yourself living in Children’s Village, going to the bathroom in public, and maybe summer school.”

Gorcyca forbid the mother or anyone from her side of the family from visiting the boy. A review hearing was scheduled for Sept. 8.

“You are so mentally messed up right now and it’s not because of your father,” Gorcyca said. “And one day you are going to realize what’s going on in this case and you’re going to apologize to your dad … Dad, if you ever think that he has changed and he’s no longer like Charlie Manson’s cult, then you let us know and we can (review the case).”

Gorcyca refused to allow Tsimhoni to say goodbye to her son or to convince him to speak with his father.

The judge then began threatening the other children.

Tsimhoni’s two other children had a hearing later in the day, during which the 10-year-old boy did speak briefly to his father.

“Judge, I’m sorry for my behavior, and dad, I’m sorry for my behavior,” he said. “Dad, the judge wanted me to talk to you so here is something about myself ? I enjoy soccer and I hope to be on the soccer team.”

A girl, 9, was asked if she would also like to apologize to her father, but she had no audible response.

“I know you’re kind of religious,” Gorcyca told the girl.

“God gave you a brain. He expects you to use it. You are not your big, defiant brother who’s living in jail. Do you want to live in jail?”

The girl said she would try to work with her father during visits, and Gorcyca told the children to go to lunch with their father.

“Let’s see, you’re going to be a teenager,” Gorcyca told the girl.

“You want to have your birthdays in Children’s Village? Do you like going to the bathroom in front of people? Is your bed soft and comfortable at home? I’ll tell you this, if you two don’t have a nice lunch with your dad and make this up to your dad, you’re going to come back here (after lunch) and I’m going to have the deputies take you to Children’s Village.”

The other brother and sister said they didn’t want to have lunch with their father, either, so Gorcyca sent them to juvenile detention, too. She then forbade the boy from contacting their brother while they’re there. She also ordered that they have minimal contact with one another. And they’ve apparently been there ever since.

Yesterday, the New York Observer published an interview with the kids’s father. The tone of the article indicates that the Internet mobs got this wrong, and that the interview will provide some ameliorating context. But it really doesn’t. The father provides a plausible argument that the mother has turned the children against him. But it doesn’t remotely vindicate Gorcyca’s brutish behavior. Either the father beat the mother, the mother has convinced the kids of this or the kids are lying about it because they simply don’t like their father.

Under all three scenarios, berating three kids between the ages of 9 and 15, comparing them to Charles Manson, threatening them with humiliation, then taking away their freedom is behavior that ought to result in this judge getting removed from the bench. It’s also bizarre that the father seems completely unfazed by the judge’s unconscionable behavior. If he expressed any anger over it during the interview, it didn’t make it into the article.

In this interview from late last year, Gorcyca credits her husband for encouraging her to become a judge. Her husband is David Gorcyca, the former Oakland County DA (where Lisa Gorcyca is a judge). Before becoming a judge, Lisa Gorcyca was a prosecutor in that same office. Last year, David Gorcyca was found personally liable for a $1 million judgment against the parents of an autistic girl. He had tried to prosecute her father for sexual assault.

From the Detroit Free Press:  Gorcyca was prosecutor in 2007 when he charged Julian Wendrow of West Bloomfield with raping his severely autistic daughter and charged Wendrow’s wife, Thal, with child abuse for failing to prevent the attacks.

The girl’s disablity prevents her from speaking or writing and the allegations of rape were made through a controversial method known as facilitated communication, in which a teacher’s aide holds the girl’s arm over a keyboard to help her type responses to questions. Critics insist that the aide is the author of the typed messages, either conciously or subconsciously.

The criminal case against the Wendrows collapsed after the method was tested in court by asking the girl questions out of earshot of her facilitator. She couldn’t answer a single question correctly.  Gorcyca eventually dropped the charges but not until Julian Wendrow had served 80 days in jail and the family had been separated for months. Gorcyca left office in December 2008 after deciding not to seek re-election.  Gorcyca had absolute immunity from any liability for bringing the charges. He lost the lawsuit because he continued to defame the family after he had left office. Ultimately, Oakland County paid out more than $6 million to settle the lawsuit.

Four years ago, he pled no contest to two counts of professional misconduct for public statements he made implicating a kindergarten teacher in the sexual assault of two children. The teacher was convicted but ultimately vindicated and released after a Free Press investigation found significant flaws in the case. The teacher spent three years fighting the charges, including six months in jail. Columnist Brian Dickinson pointed out at the time that Oakland County paid more than $200,000 in legal fees for Gorcyca’s lawyers, who managed to help him avoid any professional discipline. Meanwhile, the county pays an average of $525 to poor people accused of crimes who can’t afford a lawyer.

In some ways, Lisa Gorcyca is just a symptom of a wider problem — the use of the criminal justice system to address problems that are better addressed by parents, communities, religious institutions and families. (See this timely Huffington Post investigation of other kids caught up in Michigan’s criminal justice system.) But I don’t know that her actions in this case can really be attributed to her merely being a cog in a flawed system. She straight-up bullied these kids. Even if it’s true that they had been brainwashed, her behavior was way over the line. The judge who was supposed to protect them then terrorized them more.

Perhaps Gorcyca is under a lot of stress. She certainly seems to have faced a lot of hardship recently — in addition to the judgment against her husband, the interview linked above references a battle with breast cancer. But whatever the cause, her actions in this case alone show that she’s unfit to be a judge, least of all a family court judge.