H R 1

The Democrats in the House of Representatives are planning to start the new year off with a bang. Hopefully it will turn out to be more of a whimper. H.R. 1 is called the “For the People Act of 2019.” It is actually only for some people who want to make sure that the Democrats win all future elections. It was introduced into the House on January 3rd.

Breitbart posted an article about the bill today. In their article is a link to the Conservative Action Project which is opposing the bill.

The Conservative Action Project lists some problems with the bill:

H.R. 1 undermines the First Amendment. H.R. 1 undoes key Supreme Court cases that protect elections as fundamental to free speech. It would allow the Federal Election Commission to track and catalogue more of what Americans are saying, register even very small political donations, and make public those who donate to different charitable and nonprofit organizations. The legislation will subject private citizens to intimidation and harassment for their private and political beliefs, far broader than what was done in the IRS targeting scandal in 2013.

H.R. 1 yanks election authority away from the states. H.R. 1 reasserts the ability of the federal government to micromanage state elections through a process known as “preclearance.” Preclearance, which was previously overturned by the Supreme Court, requires states to get permission from the federal government for changes as small as modifying the hours of an election office, or moving a voting location from a school gym to the library. Critically, none of these practices would undo any fraud or corruption. Rather, these same practices result in incorrect registrations and inaccurate voter data, while failing to address actual corrupt practices like ballot harvesting. Moreover, they are all designed to eliminate the federalism that keeps elections transparent, local, and fair.

H.R. 1 attacks individual voter integrity. America was founded on the principle of “one person, one vote.” H.R. 1 turns this on its head by weaponizing every aspect of the political regulatory system. The Federal Election Commission, which is currently a neutral body, would be given a 3-2 makeup, guaranteeing a partisan outcome with little accountability toward the actual votes which are cast. H.R. 1 also includes a 600 percent government match for political donations, and authorizes even more public dollars to campaigns. The bill also wants to make Election Day a new paid holiday for government workers, with additional paid vacation given to bureaucrats to oversee the polls. All of these changes are designed to distance the outcome of the election from those casting their votes.

H.R. 1 would also implement the following changes:

• Forces states to implement mandatory voter registration, removing civic participation as a voluntary choice, and increasing chances for error.
• Mandates that states allow all felons to vote.
• Forces states to extend periods of early voting, which has shown to have no effect on turnout.
• Mandates same-day voter registration, which encourages voter fraud.
• Limits the ability of states to cooperate to see who is registered in multiple states at the same time.
• Prohibits election observers from cooperating with election officials to file formal challenges to suspicious voter registrations.
• Criminalizes protected political speech by making it a crime to “discourage” someone from voting
• Bars states from making their own laws about voting by mail.
• Prohibits chief election officials in each state from participating in federal election campaigns.
• Mandates free mailing of absentee ballots.
• Mandates that states adopt new redistricting commissions.

H.R. 1 would cause sweeping and irrevocable damage to the free speech, privacy, and integrity that are central components to free and fair elections in America. We oppose H.R.

Our new House of Representatives has obviously decided to throw out our Constitution wherever possible. This bill is representative of that. It opens the door to massive voter fraud and nationalizes state elections, which is unconstitutional. Nationalizing all elections also greatly increases the vulnerability to hacking. The bill needs to fail miserably or we will be in serious danger of losing our representative republic.

A Representative Speaks About The Border And The Shutdown

On Saturday, The Alpha News, posted a column by U.S. Representative Jack Bergman.

Representative Bergman wrote:

For those of us who call the Upper Peninsula and northern Michigan home, the discussion around border security is often different than what we see on the nightly news. The challenges for U.S. Customs and Border Patrol Agents and other federal, state and local law enforcement in the Soo vary greatly from those of their southern border counterparts. The commonality is we share the same goal: the safety and security of our citizens.

As the national debate rages on, we must remember that our nation is a welcoming nation and built by immigrants. I know firsthand — my grandparents immigrated from Sweden to the Upper Peninsula to start a new life.

Though, equally as true as the aforementioned: We are a nation of borders, as well as law and order. But our immigration system is broken — and to argue otherwise would be dishonest. From an ineffective visa system to porous borders, decades of disinterest, lazy legislation, and bureaucratic opposition have encouraged bad actors to take advantage of our current system. It’s not fair to put the needs of our citizens or of those who come here legally below those who enter illegally.

President Donald Trump is right to call this a crisis, and we have a unique opportunity right now to address these issues head on. Fixing our immigration system starts first and foremost with secure borders. Without that, everything else falls apart. While most are hoping to enter our country for a good reason, we can’t turn a blind eye to the facts. Over the past two years, Immigration and Customs Enforcement (ICE) has arrested close to 300,000 criminal illegal immigrants in our country — 3,900 on murder charges, 27,000 on sex-related charges, 99,000 on assault-related charges, and over 160,000 on criminal traffic charges, such as driving under the influence.

Congress has the constitutional duty and obligation to provide for the safety and security of our citizens, and it’s time we put aside partisan games and secure our borders. U.S. Customs and Border Patrol have identified the need for 234 miles of physical barrier (read: wall) on our southern border.

Yet, Nancy Pelosi and many other “leaders” have radically dismissed the notion of walls being a necessary part of securing a border.

This is not campaign rhetoric or pandering for votes. This is a crisis of our own making. We are in the longest — and most avoidable — government shutdown in U.S. history. Those most vital to protecting our borders, coasts, and ports have now missed at least one paycheck, with little to no progress being made in Washington.

It’s time to end this shutdown, secure our borders, and get our government open and working for the people.

Come to the table Democrats.

U.S. Rep. Jack Bergman, R-Watersmeet, represents Michigan’s 1st Congressional District, covering the northern Lower Peninsula and all of the Upper Peninsula.

Well spoken, sir.

 

 

Today Is A Holiday

Today is a holiday because we are celebrating the life of Dr. Martin Luther King, Jr. He was not a perfect person, but he was a visionary who did some things that needed to be done–and he did them peacefully.

LiveLeak has posted a transcript of the speech Dr. Martin Luther King, Jr., gave in Memphis, Tennessee, the day before he was assassinated. My husband and I were in Memphis at that time, and it was a very tense place before and after Dr. King’s assassination.

Here are a few highlights from that speech:

Let us rise up tonight with a greater readiness. Let us stand with a greater determination. And let us move on in these powerful days, these days of challenge to make America what it ought to be. We have an opportunity to make America a better nation. And I want to thank God, once more, for allowing me to be here with you.

You know, several years ago, I was in New York City autographing the first book that I had written. And while sitting there autographing books, a demented black woman came up. The only question I heard from her was, “Are you Martin Luther King?”

And I was looking down writing, and I said yes. And the next minute I felt something beating on my chest. Before I knew it I had been stabbed by this demented woman. I was rushed to Harlem Hospital. It was a dark Saturday afternoon. And that blade had gone through, and the X-rays revealed that the tip of the blade was on the edge of my aorta, the main artery. And once that’s punctured, you drown in your own blood?that’s the end of you.

It came out in the New York Times the next morning, that if I had sneezed, I would have died. Well, about four days later, they allowed me, after the operation, after my chest had been opened, and the blade had been taken out, to move around in the wheel chair in the hospital. They allowed me to read some of the mail that came in, and from all over the states, and the world, kind letters came in. I read a few, but one of them I will never forget. I had received one from the President and the Vice-President. I’ve forgotten what those telegrams said. I’d received a visit and a letter from the Governor of New York, but I’ve forgotten what the letter said. But there was another letter that came from a little girl, a young girl who was a student at the White Plains High School. And I looked at that letter, and I’ll never forget it. It said simply, “Dear Dr. King: I am a ninth-grade student at the White Plains High School.” She said, “While it should not matter, I would like to mention that I am a white girl. I read in the paper of your misfortune, and of your suffering. And I read that if you had sneezed, you would have died. And I’m simply writing you to say that I’m so happy that you didn’t sneeze.”

And I want to say tonight, I want to say that I am happy that I didn’t sneeze. Because if I had sneezed, I wouldn’t have been around here in 1960, when students all over the South started sitting-in at lunch counters. And I knew that as they were sitting in, they were really standing up for the best in the American dream. And taking the whole nation back to those great wells of democracy which were dug deep by the Founding Fathers in the Declaration of Independence and the Constitution. If I had sneezed, I wouldn’t have been around in 1962, when Negroes in Albany, Georgia, decided to straighten their backs up. And whenever men and women straighten their backs up, they are going somewhere, because a man can’t ride your back unless it is bent. If I had sneezed, I wouldn’t have been here in 1963, when the black people of Birmingham, Alabama, aroused the conscience of this nation, and brought into being the Civil Rights Bill. If I had sneezed, I wouldn’t have had a chance later that year, in August, to try to tell America about a dream that I had had. If I had sneezed, I wouldn’t have been down in Selma, Alabama, been in Memphis to see the community rally around those brothers and sisters who are suffering. I’m so happy that I didn’t sneeze.

And they were telling me, now it doesn’t matter now. It really doesn’t matter what happens now. I left Atlanta this morning, and as we got started on the plane, there were six of us, the pilot said over the public address system, “We are sorry for the delay, but we have Dr. Martin Luther King on the plane. And to be sure that all of the bags were checked, and to be sure that nothing would be wrong with the plane, we had to check out everything carefully. And we’ve had the plane protected and guarded all night.”

And then I got to Memphis. And some began to say the threats, or talk about the threats that were out. What would happen to me from some of our sick white brothers?

Well, I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter with me now. Because I’ve been to the mountaintop. And I don’t mind. Like anybody, I would like to live a long life. Longevity has its place. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land. And I’m happy, tonight. I’m not worried about anything. I’m not fearing any man. Mine eyes have seen the glory of the coming of the Lord.

This is the man that we are celebrating today.

How A Kangaroo Court Works

The website study.com includes the following definition of exculpatory evidence:

In Brady v. Maryland (1963), the Supreme Court held that exculpatory evidence withheld in a criminal trial can result in a re-hearing of the case. In this case, Brady was convicted for murder, and the prosecutor failed to tell a jury that another defendant, who had committed the murder with Brady, had already confessed to the killing. The court stated that the jury needed to hear that evidence because it could assist them in their decision regarding Brady. From then on, any exculpatory evidence the prosecutor or law enforcement has is called Brady material, the requirement to turn Brady material over to the defense is called the Brady rule.

Any evidence from a crime scene is subject to the Brady rule.

But what other kind of evidence is exculpatory? The law says ‘any evidence’ that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.

…The Supreme Court said that without the rule, the defendant’s due process rights would be violated. Due process comes from the 5th and 14th Amendments to the Constitution, and means that before the government can take away your liberty, it must first give the person the rights and process due to him or her under the Constitution. If the government has evidence that says you might be innocent, it would violate the fairness and impartiality of the trial process by just ignoring it and not letting the jury see it.

The concept of exculpatory evidence is going to be in the spotlight as the case against General Michael Flynn moves forward.

Yesterday John Solomon reported the following at The Hill:

For nearly two years now, the intelligence community has kept secret evidence in the Russia collusion case that directly undercuts the portrayal of retired Army general and former Trump national security adviser Michael Flynn as a Russian stooge.

That silence was maintained even when former acting Attorney General Sally Yates publicly claimed Flynn was possibly “compromised” by Moscow.

And when a Democratic senator, Al Franken of Minnesota, suggested the former Defense Intelligence Agency (DIA) chief posed a “danger to this republic.”

And even when some media outlets opined about whether Flynn’s contacts with Russia were treasonous. 

Yes, the Pentagon did give a classified briefing to Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) in May 2017, but then it declined the senator’s impassioned plea three months later to make some of that briefing information public.

“It appears the public release of this information would not pose any ongoing risk to national security. Moreover, the declassification would be in the public interest, and is in the interest of fairness to Lt. Gen. Flynn,” Grassley wrote in August 2017.

Please follow the link to the article at The Hill to see the details, but the bottom line here is simple.

The article explains:

Rather than a diplomatic embarrassment bordering on treason, Flynn’s conduct at the RT (Russia Today) event provided some modest benefit to the U.S. intelligence community, something that many former military and intelligence officers continue to offer their country after retirement when they keep security clearances.

It’s important to wind back many months to where the Russia collusion narrative started and the media frenzy–driven suggestion that Flynn may have been on a mission to compromise America’s security and endanger this great republic when he visited Moscow.

Would the central character in a Russian election hijack plot actually self-disclose his trip in advance? And then sit through a briefing on how to avoid being compromised by his foreign hosts? And then come back to America and be debriefed by U.S. intelligence officers about who and what he saw?

And would a prosecutor recommend little or no prison time for a former general if that former military leader truly had compromised national security?

Highly unlikely.

It really is time for the deep state to stop its attack on President Trump and those who have supported him. Unfortunately, now that the Democrats control the House of Representatives, we can expect to see more taxpayer dollars spent on trying to undo an election they didn’t like.

 

Thoughts For The New Year

The following is from In God We Still Trust by Dr. Richard G. Lee:

“Reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.” from President George Washington’s Farewell Address 1796

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” John Adams, U.S. President 1797-1801

“We have staked the whole future of American civilization, not upon the power of government, far from it. We have staked the future of all of our political institutions upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God.” James Madison, U. S. President 1809-1817

Dr. Lee also points out how a change in definition of a word reflects a concerning change in our society:

Noah Webster’s An American Dictionary of the English Language, 1828, defines patriotism as follows:

n. Love of one’s country; the passion which aims to serve one’s country, either in defending it from invasion, or protecting its rights and maintaining its laws and institution in vigor and purity. Patriotism is the characteristic of a good citizen, the noblest passion that animates a man in the character of a citizen.

Merriam-Webster’s Collegiate Dictionary, Eleventh Edition, copyright @ 2004 defines patriotism as follows:

n. Love for or devotion to one’s country.

Noah Webster’s definition includes service; Merriam-Webster’s definition is simply an emotion. Noah Webster’s definition includes action, not just acceptance of an idea.

It is time to return to Noah Webster’s definition of patriotism.

Not Here. Not Now.

Yesterday BizPacReview posted an article about something new on the streets of New York City–the Muslim Community Police.

This is a picture of one of their cars:

The article reports:

Some New York City residents were shocked last week to see vehicles with the words “Muslim Community Patrol” emblazoned on them cruising the streets like police squad cars.

The article includes a number of tweets by people concerned about this community patrol.

This is the response to those tweets:

These tweets reflect a belief among some Americans that the Muslim community wants to usurp America’s constitutionally based system of law and replace it with that of Sharia, a religious law derived from the religious precepts of the Islamic religion.

While these fears may sound outlandish, they stem from actual examples of Sharia being practiced in the United States. A perfect example of this occurred in 2010, when a federal judge appointed by former Democrat President Bill Clinton ruled that it was unconstitutional for Oklahoma to bar state courts from considering the application of Sharia law in their rulings.

Another example happened just last year, when a Minnesota Muslim man intent on imposing Sharia law in his local community reportedly began patrolling his neighborhood and confronting anyone who dared to violate Islam’s strict rules and dress codes.

At the time local authorities received reports about a mob of Muslim men walking around with uniforms that read “Muslim Defense Force” and “Religious Police.”

How is this legal and who is paying for the cars? Please read my article on The Holy Land Foundation Trial if the idea of a Muslim Community Patrol is acceptable to you. This could easily be the start of some very bad things.

A Guest Post From H.C. “Sparky” Bollinger, USMC (Ret)

I spent 22 ½ years in the Marine Corps. I have operated in around 30 countries, sat off shore of many more. Waiting for an order that often never came. When waiting off shore for an operation, or moving to a new Area of Operations, or even over time and different tours in Iraq, we would be given a Rules of Engagement brief (ROE) by a Lawyer from the Judge Advocate General’s office (JAG). This would spell out legally when we could and could not engage hostiles, or perceived hostiles. However, ever Marine Corps ROE brief ended the same way and on the same note. On the typed copy is was in bold, usually underlined print, often all capital letters, but always said the same thing, “THE RIGHT TO SELF DEFENSE IS NEVER DENIED!”

A week ago a landmark court decision in Florida decided on December 12th, vindicates all arguments for the right to self defense and your right to bear arms. This court decision by a Federal Judge sets or affirms legal precedence that the Police have no constitutional duty to protect individuals from harm, even when they know harm will occur and that harm will most likely result in death. This legal precedence is not just for the state of Florida where the case was tried. This is a Federal court and has establish or affirmed legal precedence in all 50 states and US territories.

What does this mean for Joe Citizen? If this case is not overturned on appeal. It firmly establishes that the individual and only the individual is responsible for his or her safety. With this one court decision, that is likely if not surely to be upheld by higher courts up through the Supreme Court, the individual is firmly within his or her Constitutional right to defend themselves, and as stated in the 2nd Amendment of the United States Constitution, the right to bear arms shall not be infringed. This ruling gives substantial legal weight to the argument for Constitutional carry and the individuals inalienable right to save and preserve one’s own life.

What does this mean to gun control lobbyist, groups, and politicians? This ruling in Federal court obliterates all barriers imposed by “May Issue” concealed carry states and cities. States and cities will still have wiggle room to impose some sort of firearms safety course in the same legal spirit as a driver’s license, however legal bars outside criminal records, drug abuse, or mental health will loose all just standing under the law unless it is shot down on appeal. Moms Demand Action for Gun Sense in America, Senator Feinstein, Michael Bloomberg’s arguments that individuals do not need firearms for self defense and that the police are responsible for public safety just had the rug yanked completely out from under them. Their argument was always on tentative ground at best, since when seconds count, the police are minutes away. The Department of Justice determined that the average police response time to a 911 call is over 4 minutes, the average interaction time between a criminal and his victim is 90 seconds. This is a not a dig at police officers, as a retired Marine who is currently employed as a tactical firearms and martial arts instructor, I am a staunch supporter of law enforcement, and many of my friends and coworkers are law enforcement or retired law enforcement. This is simply a matter of time, space, and logistics. Now, it is firmly established that even if the police respond to, or are in observance of a crime, they are not required to intervene, they can even refuse to intervene, and not be held accountable to the department, city, county, state, federal government, or even the Constitution of the United States.

Just as Smokey the Bear says, “only you can prevent forest fire,” you, and only you, are 100% responsible for your safety, only you are responsible to save your life. The 2nd Amendment was just reaffirmed as your legal means to do so.

Just my two cents,

H.C. “Sparky” Bollinger, USMC (Ret)

Thank you, Sparky. Below are my comments.

 

There are actually two decisions reported in The New York Times on December 18th:

The school district and sheriff’s office in the Florida county that is home to Marjory Stoneman Douglas High School had no constitutional duty to protect the students there during the deadly February massacre, a federal judge has said in a ruling.

The decision was made in a lawsuit filed by 15 students who said they suffered trauma during the Feb. 14 attack in Parkland, Fla. A total of 17 students and staff members lost their lives; 17 others were injured.

Prosecutors are seeking the death penalty for Nikolas Cruz, 20, the former Stoneman Douglas student who is accused of opening fire at the school on Valentine’s Day. He has pleaded not guilty, but his lawyers have said he would plead guilty in exchange for a life sentence.

The Dec. 12 ruling, by Judge Beth Bloom, came on the same day that a county judge, Patti Englander Henning, came to the opposite conclusion. Judge Henning found that Scot Peterson, the armed sheriff’s deputy who heard the gunfire but did not run in and try to stop the attack, did have an obligation to confront Mr. Cruz.

The article further states:

“Neither the Constitution, nor state law, impose a general duty upon police officers or other governmental officials to protect individual persons from harm — even when they know the harm will occur,” said Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law. “Police can watch someone attack you, refuse to intervene and not violate the Constitution.”

The message is clear–every American has to take responsibility for their own safety. If you are not comfortable with guns and want to feel safe at home, keep a can of wasp spray on your night stand. It won’t kill an intruder, but it might slow him down and give you a chance to escape. There are also other personal safety devices available. The right to bear arms should not be infringed. Our Founding Fathers placed it there so that we could defend ourselves in all situations–from criminals and from government tyranny. Giving up the right to bear arms would result in the end of America as we know it.

Is This What The Voters Wanted?

Yesterday The Daily Wire reported a statement from New York Attorney Gen.-elect Letitia James. The statement is troubling on many levels.

The article reports:

New York Attorney Gen.-elect Letitia James is buttressing President Trump’s claims that there is a “witch hunt” pursuing him; she told NBC News that she intends to investigate not only the president, but also his family and “anyone” in his circle who may have violated the law.

James blustered, “We will use every area of the law to investigate President Trump and his business transactions and that of his family as well,” adding, “We want to investigate anyone in his orbit who has, in fact, violated the law.”

The article also notes:

When she campaigned for attorney general, James stated that she supported legislation allowing prosecutors to charge individuals who received a presidential pardon. Because of the double jeopardy clause, if an individual receives pardons for crimes at the federal level, they cannot be tried at the state level. James stated:

After careful deliberation, I am urging the state legislature to swiftly pass legislation which safeguards against President Trump’s attacks on the rule of law in our country. The pending legislation closes a loophole in our state law that effectively allows the president to pardon individuals for crimes committed in New York State. Given President Trump’s recent use of the presidential pardon in a case adjudicated in New York State and his claim that he can pardon himself as he pleases, it’s clear that we must act now. We can protect New Yorkers from double jeopardy prosecutions without giving away our state’s ability to deliver justice for all.

I wonder if this lady has actually read her job description.

According to the National Association of Attorneys General:

As the chief legal officer of the states, commonwealths and territories of the United States, the attorneys general serve as counselors to their legislatures and state agencies and also as the “People’s Lawyer” for all citizens. Originating in the mid-13th century in the office of England’s “King’s Attorney,” the office had become, by the American Revolution, one of advisor to the Crown and to government agencies.

While varying from one jurisdiction to the next due to statutory and constitutional mandates, typical powers of the attorneys general include the authority to issue formal opinions to state agencies; act as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation; propose legislation; enforce federal and state environmental laws; represent the state and state agencies before the state and federal courts; handle criminal appeals and serious statewide criminal prosecutions; institute civil suits on behalf of the state; represent the public’s interests in charitable trust and solicitations; and operate victim compensation programs.

What New York Attorney Gen.-elect Letitia James plans to do is highly unethical. Using one’s public office to personally go after a person or family you disagree with or don’t like is a blatant abuse of power.  She deserves to be immediately censured for her statements if not impeached.

When The Deep State Overrides The Constitution

Yesterday The Daily Caller posted an article about a recent FBI raid. The raid was conducted on the home of a legally protected whistleblower who had blown the whistle on some of the illegalities in the Uranium One deal and some of the financial dealings of the Clinton Foundation.

The article reports:

FBI agents raided the home of a recognized Department of Justice whistleblower who privately delivered documents pertaining to the Clinton Foundation and Uranium One to a government watchdog, according to the whistleblower’s attorney.

The Justice Department’s inspector general was informed that the documents show that federal officials failed to investigate potential criminal activity regarding former Secretary of State Hillary Clinton, the Clinton Foundation and Rosatom, the Russian company that purchased Uranium One, a document reviewed by The Daily Caller News Foundation alleges.

The delivered documents also show that then-FBI Director Robert Mueller failed to investigate allegations of criminal misconduct pertaining to Rosatom and to other Russian government entities attached to Uranium One, the document reviewed by TheDCNF alleges. Mueller is now the special counsel investigating whether the Trump campaign colluded with Russia during the 2016 election.

“The bureau raided my client to seize what he legally gave Congress about the Clinton Foundation and Uranium One,” the whistleblower’s lawyer, Michael Socarras, told TheDCNF, noting that he considered the FBI’s raid to be an “outrageous disregard” of whistleblower protections.

The article continues:

A special agent from the FBI’s Baltimore division, who led the raid, charged that Cain possessed stolen federal property and demanded entry to his private residence, Socarras told TheDCNF.

“On Nov. 19, the FBI conducted court authorized law enforcement activity in the Union Bridge, Maryland area,” bureau spokesman Dave Fitz told TheDCNF. “At this time, we have no further comment.”

Cain informed the agent while he was still at the door that he was a recognized protected whistleblower under the Intelligence Community Whistleblower Protection Act and that Justice Department Inspector General Michael Horowitz recognized his whistleblower status, according to Socarras.

The article explains the whistleblower act:

The whistleblower act is intended to protect whistleblowers within the intelligence community, which includes the FBI.

“The [intelligence community] is committed to providing its personnel the means to report violations of law,” according to a 2016 intelligence community directive.

“The [whistleblower act] authorizes employees of contractors to take government property and give it to the two intelligence committees confidentially,” Socarras told TheDCNF.

The FBI has yet to talk to Cain’s attorney despite the raid, according to Socarras.

“After the raid, and having received my name and phone number from Mr. Cain as his lawyer, an FBI agent actually called my client directly to discuss his seized electronics,” Socarras told TheDCNF. “Knowingly bypassing the lawyer of a represented client is serious misconduct.”

The Justice Department and the IG both declined to comment.

Whoever authorized this raid and whoever was involved in it need to be fired from the FBI so that they can be replaced by people who respect the law and the U.S. Constitution.

Abandoning What You Probably Never Read

Yesterday The Wall Street Journal posted a commentary with the headline, “Democrats Abandon the Constitution.” Actually they did that a long time ago, which is why they were so upset at the confirmation of Justice Kavanaugh–he might work to bring it back.

The commentary goes on to list some of the basic tenets of the Constitution that the Democrats are currently railing against:

Brett Kavanaugh’s appointment to the Supreme Court has sparked a firestorm of outrage and recrimination on the left. Some attacks seem aimed at intimidating the justices into supporting progressive causes. “The Court must now prove—through its work—that it is worthy of the nation’s trust,” Eric Holder, President Obama’s attorney general, tweeted Oct. 6.

Yet the attacks go beyond ideology. Detractors of Justice Kavanaugh and President Trump are denouncing the Constitution itself and the core elements of America’s governmental structure:

  • The Electoral College. Mr. Trump’s opponents claim he is an illegitimate president because Hillary Clinton “won the popular vote.” One commentator even asked “what kind of nation allows the loser of a national election to become president.” The complaint that the Electoral College is undemocratic is nothing new. The Framers designed it that way. They created a republican form of government, not a pure democracy, and adopted various antimajoritarian measures to keep the “demos” in check.

The Electoral College could be eliminated by amending the Constitution. But proposing an amendment requires two-thirds votes in both houses of Congress, and the legislatures of three-fourths, or 38, of the states would have to ratify it.

  • The Senate. The complaint here is that the 50 senators who voted in Justice Kavanaugh’s favor “represent” fewer people than the 48 who voted against him. But senators represent states, not people.

Equal Senate representation for the states was a key part of the Connecticut Compromise, along with House seats apportioned by population. The compromise persuaded large and small states alike to accept the new Constitution. It was so fundamental that Article V of the Constitution—which spells out the amendment procedure—provides that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.” That means an amendment changing the structure of the Senate would require ratification by all 50 states.

  • Judicial independence. Commentators who disapprove of the Supreme Court’s composition have urged, as one law professor put it, “shrinking the power of the courts to overrun our citizens’ democratic decisions.” Some suggest limiting and staggering the justices’ terms so that a vacancy would come up every other year, ensuring that the court follows the election returns. That could be achieved via constitutional amendment, but it would go against the Framers’ wisdom. As Hamilton wrote in Federalist No. 78, life tenure for judges is “the best expedient which can be devised in any government, to secure a steady, upright and impartial administration of the laws.”

What we have hear is a living example of what happens when you don’t teach American history and the principles of the Constitution in schools. The people calling for these changes have no concept of how our government was designed or the safeguards that were put in it. Their desire is to take those safeguards out and institute mob rule. That has not worked well in other places, and I seriously doubt it would work well here. It was what our Founding Fathers sought to avoid.

The commentary concludes:

The anger and disappointment of Justice Kavanaugh’s opponents is understandable, as would be that of his supporters if the vote had gone the other way. They are perfectly entitled to pursue political remedies, including using his appointment as a campaign issue. They also are entitled to pursue amendments to the Constitution that would make our system of government more responsive to the popular will. What they cannot do is overturn the Connecticut Compromise guaranteeing each state equal representation in the Senate, or launch unconstitutional investigations or impeachment of a sitting Supreme Court justice. The Constitution protects all of us, even Supreme Court justices.

True.

When Lawyers Are Willing To Disregard The Law

On Saturday, Townhall posted an article about a recent New York Times editorial. The editorial was written by former Obama White House lawyer Kate Shaw. Ms. Shaw argues that traditional due process protections such as “the burden of proof beyond a reasonable doubt; the presumption of innocence; [and] the right to confront and respond to an accuser” are not necessary for the purposes of determining if Brett Kavanaugh sexually assaulted Christine Blasely Ford more than 35 years ago or whether he should serve on the Supreme Court. Seems as if she went to the same law school as Barack Obama–the law is whatever she decides it is.

The article at Townhall includes the following from the New York Times:

“It’s natural to place this sort of accusation within a criminal-justice framework: the burden of proof beyond a reasonable doubt; the presumption of innocence; the right to confront and respond to an accuser. If Judge Kavanaugh stood criminally accused of attempted rape, all of that would apply with full force. But those concepts are a poor fit for Supreme Court confirmation hearings, where there’s no presumption of confirmation, and there’s certainly no burden that facts be established beyond a reasonable doubt.” emphasis added

…“What matters here isn’t law as much as politics — though not (or not just) partisan politics. Confirmation hearings are also about constitutional politics — the debate, involving both institutions of government and the polity, about what the Constitution means and requires.

“So what standard should the Senate use in evaluating the claims made by Dr. Blasey and in deciding how they bear on Judge Kavanaugh’s fitness for a seat on the Supreme Court? The Senate’s approach to its constitutional “advice and consent” obligation has always depended on context.A number of factors matter: the timing of the vacancy; the justice being replaced; the nominee’s likely impact on the ideological makeup of the court; even the popularity of the president (very popular presidents have always had more leeway when it comes to picking justices).” emphasis added

So what is this really about? The Democrats have used to courts for years to pass laws that Congress could not pass. Abortion never made it though Congress–it was decided by the courts. Gay marriage never made it through Congress–it was decided by the courts. Teenage boys in teenage girls’ locker rooms never made it through Congress–it was decided by the courts. So Judge Kavanaugh is a threat to that status quo. He would probably be the fifth vote on the Supreme Court who would bring common sense back into the picture. The fact that he believes in the Constitution is a major threat to the hold the liberal wing of the Democrat Party (is there any other wing?) has on the Supreme Court. That is what this is really about.

Is anyone taking odds as to whether Professor Ford is going to be present at her hearing on Thursday?

Exactly What Is A Soft Coup

The following video was posted at YouTube on August 21:

The video is 37 minutes long, so in case you don’t want to watch it, here are some of the highlights (courtesy of Zerohedge):

It all started from the fake dossier which led eventually to the appointment of Robert Mueller (Special Prosecutor) and the entire foundation is based on a falsity. . . . I understand the next revocation of security clearance is probably going to be Bruce Ohr because he crafted the fake dossier with Christopher Steele, and he may even have written the thing…

After the FBI supposedly fired Christopher Steele, Bruce Ohr had at least 70 communications (with Steele) back and forth talking about the ‘firewall’ is still there to protect us. Recent accounts show that Bruce Ohr either wrote the dossier with Christopher Steele or he wrote it himself in communication with Christopher Steele.” –Kevin Shipp

“Yes. Oh, they coordinated it for sure. There are 70 emails back and forth between Ohr and Steele crafting the dossier. So, the FBI and Department of Justice were intimately involved with the creation and publication of that dossier.”

“They even went further than that. The FBI and CIA counter-intelligence even placed an agent inside the Trump campaign.” -Kevin Shipp

…Shipp concluded that a Civil War in the making right now. “I think we are at the beginning of a civil war. You’ve got the ‘Dark Left’ and you’ve got the Conservative people, the Constitutionalists. In progressivism, one of its tenets is to change the Constitution, especially the First Amendment, and uproot traditional America. Whatever happens in November is going to intensify that. . . . Their attack is against Christians and the Constitution.”

Is it possible to drain the swamp?

When Governments Go Awry

The American Thinker posted an article today about what is happening in South Africa. South Africa’s president, Cyril Ramaphosa and his political party are planning to amend to South African Constitution to allow the taking of farmland owned by white residents of the country without compensation. Cyril Ramaphosa  regards this as the last step on the country’s program of land reform.

According to a BBC report:

The country’s white minority is believed to have a disproportionate hold over land, with a few thousand white commercial farmers possessing the most fertile lands.

Somehow I don’t think this is going to work.

The article at The American Thinker points out the history of this sort of action:

Ramaphosa may think it’s money-for-nothing to legislate his way into free land for the people whose support he wants down the line, but it doesn’t work that way. The expropriated farms will soon be ravaged, just as they were in Stalin’s Ukraine or Chavez’s Venezuela, not to mention, Mugabe’s utterly miserable Zimbabwe right next door, and South Africa, too, will become a wasteland. It all looks real nice right now, but the change over just a few years after this move will be amazing.

I saw it myself in Venezuela, where ravaged sugar fields in Cojedes state, out on the llano, were on one half of the roadside, the expropriated-land half, with miserable looking people sitting under a half-tent with a ragged Venezuelan flag flying overhead. On the other side, there was a still crisp, clean, working sugar farm, obviously the next target. Private ownership, vs. public expropriation were visible with one glance. Bloomberg did a piece on the same horror in neighboring Portuguesa state in 2017.

For whatever reason, people appreciate things more when they have to earn them. Also, if people are suddenly given a large commercial farm, will they have the knowledge and ability to run it? That is the problem. When Venezuela took over the American oil wells, the government did not have the ability to keep the oil wells repaired and in good working order. The oil production of Venezuela began to drop shortly after the government took over the oil wells. We can expect the same thing to happen with the large commercial farms in South Africa.

I understand that South Africa has had some racial problems and people have not always been treated well. However, stealing land from people who have worked hard to farm it is not the answer. It might make more sense to compensate the farmers for part of their land and create a cooperative to help the new owners of  farms learn how to work the land. By allowing the current farmers to keep a large part of their land, you insure that the economy will be sustained as it goes through the change of helping the South Africans learn to work their part of the land.

Their Concept Is Correct, The Patriotism Is Lacking

The Washington Examiner posted an article today about some recent comments by Senate Minority Whip Dick Durbin.

The article reports:

Senate Minority Whip Dick Durbin, D-Ill., was pressed on this “dilemma” that Democrats face as the 2018 midterms approach during an interview on NBC’s “Meet the Press.”

“Staying united to stop the Supreme Court pick could cost you red state senators. Not fighting it as hard might allow the red state senators to get re-elected and get Democrats in control of the Senate. That’s your dilemma,” host Chuck Todd posited on Sunday.

Durbin conceded that it is a dilemma “in one respect,” but made that case for how it is a trade off Democrats are willing to make.

“It is a dilemma in one respect, but not in another. I will tell you, the men and women that I work with on the Democratic side really take this seriously. They understand it’s an historic decision. It’s about more than the next election,” he said, adding that the issue is about setting the future course for the country.

The balance on the Supreme Court has been slightly left on social issues because of the views of Justice Kennedy. Replacing Kennedy with a conservative justice who believes that the Constitution is the law of the land might change the court for generations. That might change many things. The main thing the Democrats are worried about is Roe v. Wade.

In 2013 Justice Ruth Bader Ginsburg made a very interesting comment about Roe v. Wade (article here):

Those more acquainted with Ginsburg and her thoughtful, nuanced approach to difficult legal questions were not surprised, however, to hear her say just the opposite, that Roe was a faulty decision. For Ginsburg, the landmark 1973 Supreme Court decision that affirmed a woman’s right to an abortion was too far-reaching and too sweeping, and it gave anti-abortion rights activists a very tangible target to rally against in the four decades since.

Ginsburg and Professor Geoffrey Stone, a longtime scholar of reproductive rights and constitutional law, spoke for 90 minutes before a capacity crowd in the Law School auditorium on May 11 on “Roe v. Wade at 40.”

“My criticism of Roe is that it seemed to have stopped the momentum on the side of change,” Ginsburg said. She would’ve preferred that abortion rights be secured more gradually, in a process that included state legislatures and the courts, she added. Ginsburg also was troubled that the focus on Roe was on a right to privacy, rather than women’s rights.

Roe isn’t really about the woman’s choice, is it?” Ginsburg said. “It’s about the doctor’s freedom to practice…it wasn’t woman-centered, it was physician-centered.”

What the frantic pro-abortion people are not telling you is that overturning Roe v. Wade would not end abortion–it would simple give the states the right to decide the issue for themselves (in accordance with the Tenth Amendment) as was the case before 1973.

What the hysteria over this judicial pick illustrates is that we have wandered from the intent of our Founding Fathers. The Founding Fathers envisioned the judiciary as the weakest branch of government–they were not elected and theoretically had little power–they did not make laws–Congress did. In 1803 Marberry v. Madison established the principle of judicial review, and the courts assumed power they were never intended to have. It is telling that American law students do not study the U.S. Constitution–they study case law.

President Trump has every right to have his nominee for the Supreme Court approved. Hopefully the Democrats will respect that right. Candidates should be judged on their qualifications–not their politics. Democrats pushed through some very left wing judges under President Obama after invoking the nuclear option. The Democrats demanded that the Republicans vote on qualifications rather than politics. It’s time for the Republicans to demand that same courtesy from the Democrats.

Sometimes You Wonder If Members Of Congress Have Ever Read The Constitution They Swore To Uphold

Yesterday The Hill posted an article about legislation proposed by Republicans to keep families together at the southern border of the United States.

The article reports:

Senate Democratic Leader Charles Schumer (N.Y.) on Tuesday dismissed a legislative proposal backed by Republican leaders to keep immigrant families together at the border, arguing that President Trump could fix the problem more easily with a flick of his pen.

“There are so many obstacles to legislation and when the president can do it with his own pen, it makes no sense,” Schumer told reporters. “Legislation is not the way to go here when it’s so easy for the president to sign it.”

Asked if that meant Democrats would not support a bill backed by Senate Majority Leader Mitch McConnell (R-Ky.) to keep immigrant families together while seeking asylum on the U.S. border, Schumer said they want to keep the focus on Trump. (Italics mine)

Legislation is the job of Congress. They are responsible for making laws. Not only is Senator Schumer shirking his responsibility, his statement makes it clear that he is more interested in politics than finding a solution. Senator Schumer is illustrating the difference between a politician and a businessman, and he is also illustrating the reason Donald Trump got elected. A politician ‘never lets a crisis go to waste.’ A businessman’s focus is on solving problems and moving forward.

It’s time to stop playing politics with border enforcement, secure our borders, and discourage people from trying to come to America illegally. If Senator Schumer chooses not to do his job, he should be replaced by a Senator who has read the Constitution and is willing to abide by his Oath of Office.

This Is Good News For A Lot Of People

George Soros has a rather checkered past. He has been associated with Nazis in Germany when they were in power and has been accused of acquiring much of his wealth through collapsing the currency of various countries. He is one of the richest men in the world and tends to dabble in the political affairs of various countries–America included. He hasn’t had a lot of luck in America recently–Hillary Clinton lost and many of the California District Attorney candidates he funded lost. He believes in a one-world government controlled by himself and his friends. It won’t be a democracy, and the American Constitution would be irrelevant. Freedom would be optional. Well, I’m grateful things are not going his way right now. I am hoping that continues to be the case.

The Daily Caller posted an article about George Soros yesterday.

The article reports:

George Soros recently lamented the rise of President Trump and anti-establishment parties across the globe, saying “everything that could go wrong, has gone wrong.”

Soros made the comment in an interview with The Washington Post published Saturday. He also said that he did not expect Trump’s election, saying, “Apparently, I was living in my own bubble.”

The activist billionaire also made the bizarre claim that President Trump would be “willing to destroy the world.”

Soros has become known for using his immense wealth to influence politics in the United States and around the world.

Actually I suspect George Soros would be willing to destroy the world. He has worked very hard to undermine the national sovereignty of America. I don’t suspect he is giving up on that–just grousing that it is taking so long. Eight years of Donald Trump might make him go away.

Awaiting The Inspector General’s Report

The Conservative Treehouse posted an article today about the Inspector General‘s Report regarding the Justice Department decisions during the 2016 election campaign.

The article reports:

The comprehensive IG final draft report on the FBI handling of the Clinton investigation was circulated for principal feedback on May 16th. Following typical timelines of IG ‘draft reports’ we anticipated the Final Report release around the first week of June.

Well, Senator Chuck Grassley has just scheduled a hearing on the release for next Tuesday June 5th. So anticipate the final publication and public release any day now.

We are about to find out if we actually have the equal justice under the law that we are promised in our Constitution.

An Amazing Perspective

David Vincent Gilbert posted an article recently at Living in the Master’s Shadow. The article is titled, “How Do Civil Wars Happen?” That is a very intriguing question that unfortunately is relevant to current events.

The article points out:

Two or more sides disagree on who runs the country. And they can’t settle the question through elections because they don’t even agree that elections are how you decide who’s in charge.

That’s the basic issue here. Who decides who runs the country? When you hate each other but accept the election results, you have a country. When you stop accepting election results, you have a countdown to a civil war.

The Mueller investigation is about removing President Trump from office and overturning the results of an election. We all know that. But it’s not the first time they’ve done this. The first time a Republican president was elected this century, they said he didn’t really win. The Supreme Court gave him the election. There’s a pattern here.

What do sure odds of the Democrats rejecting the next Republican president really mean? It means they don’t accept the results of any election that they don’t win. It means they don’t believe that transfers of power in this country are determined by elections.

That’s a civil war.

In 1974 the media, in coordination with the Democrat party, drove President Nixon out of office because of a third-rate burglary that he had nothing to do with. If you go back and look at the history of that whole event, you find out many indications that driving Nixon from office was the goal early on. The coordination between members of the Nixon administration and lawyers with connections to the Democrat party was questionable at best. The fact that members of the Kennedy family attended the swearing in of Archibald Cox might be a clue that what was happening was not without political jockeying behind the scenes. That was a high water mark for the press and the Democrat party, and they have not forgotten that. The goal is to accomplish that again by undoing the results of the 2016 election. That is a civil war.

The article continues:

When you consistently reject the results of elections that you don’t win, what you want is a dictatorship. Your very own dictatorship. The only legitimate exercise of power in this country, according to Democrats, is its own. Whenever Republicans exercise power, it’s inherently illegitimate. The Democrats lost Congress They lost the White House. So what did they do? They began trying to run the country through Federal judges and bureaucrats. Every time that a Federal judge issues an order saying that the President of the United States can’t scratch his own back without his say so, that’s the civil war.

Our system of government is based on the constitution, but that’s not the system that runs this country. The Democrat’s system is that any part of government that it runs gets total and unlimited power over the country. If the Democrats are in the White House, then the president can do anything. And I mean anything. He can have his own amnesty for illegal aliens. He can fine you for not having health insurance His power is unlimited. He’s a dictator.

The article concludes:

It’s not a free country when FBI agents who support Hillary take out an “insurance policy” against Trump winning the election. It’s not a free country when Obama officials engage in massive unmasking of the opposition. It’s not a free country when the media responds to the other guy winning by trying to ban the conservative media that supported him from social media.

It’s not a free country when all of the above collude together to overturn an election because the guy who wasn’t supposed to win won.

Have no doubt, we’re in a civil war between conservative volunteer government and a leftist Democrat professional government.

Please follow the link to read the entire article. It is chilling. So how do we end this civil war? We end it by ignoring the mainstream media’s biased reporting and doing our own research into what is actually happening. We do it by voting people out of office who do not support the U.S. Constitution. We remind those in office that they took an oath to defend the U.S. Constitution and hold them accountable to that oath. We return to teaching school children about the U.S. Constitution and the ideas that are included in it. We teach out children to love America–a generation not taught to love America will not be willing to defend it. Teaching children to love America is the only way to secure our future. We can go back to our Constitution, but we all have to work toward that aim.

 

What Happened To Our Representative Republic ?

Today’s Los Angeles Times posted a story about the U.S. 9th Circuit Court of Appeals’ rejection of Proposition 8 as unconstitutional. Proposition 8 is a voter-approved ban on same-sex marriage.

CNS News reports:

California’s Proposition 8 passed with 52 percent of the vote in 2008. It added a provision to the California State Constitution which states: “(O)nly marriage between a man and a woman is valid or recognized in California.”

I am not a lawyer, and I don’t always understand how things work legally, but it seems to me that if Proposition 8 passed with a majority of votes, it should become law.

The Los Angeles Times reports the argument of those who oppose Proposition 8:

Instead, they simply held that Prop 8 was unconstitutional because it took away “rights” that had already existed in California for same-sex couples – including the ability of same-sex couples to adopt children, to raise children together, to become foster parents together and more.

“Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only,” Judge Stephen Reinhardt wrote for the majority in the 2-1 decision.

“It stripped same-sex couples of the ability they previously possessed to obtain from the state, or any other authorized party, an important right — the right to obtain and use the designation of  ‘marriage’ to describe their relationship. Nothing more, nothing less.”

Reinhardt, citing the 1996 Romer v. Evans decision, said the California law violates the equal protection clause of the U.S. Constitution, and that the Constitution does not allow for “laws of this sort.”

CNS News pointed out:

“This battle is far from over,” said Sears {Alan Sears, Alliance Defense Fund(ADF)} , who has advised clients in numerous state and federal court cases involving same-sex marriage challenges.

“Judge Reinhardt has been reversed by the U.S. Supreme Court more times than any other judge in American history,” he added.

Historically, the two-parent heterosexual family is the foundation of a healthy society. Why are we trying so hard to tear down the things that give us stability and provide a foundation for our society?

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