Who Runs This Agency?

Yesterday The Washington Examiner reported that the Supreme Court has agreed to take up a dispute over the constitutionality of the Consumer Financial Protection Bureau in a case that could dramatically scale back the agency’s authority to police financial markets or eliminate it altogether. The Consumer Financial Protection Bureau (CFPB), considered to be the brainchild of Senator Elizabeth Warren, was created in 2010. It was one of a few misdirected responses to the housing bubble that burst in 2008.

Just for the record, I want to review a few facts about the financial collapse of 2008 that the mainstream media somehow missed.

The following video was posted at YouTube in September 2008. The video was essentially a campaign ad, but the information in it is important. The CFPB never addressed the actual problem. (For that matter, neither did Dodd-Frank). The video below tells a story you might not be familiar with:

 

The article reports:

The court said Friday it will hear a challenge from a California-based law firm that argues the CFPB, the brainchild of Sen. Elizabeth Warren, a Massachusetts Democrat, is unconstitutionally structured.

Opponents of the CFPB, created in 2010, argue that its structure violates the separation of powers, as Congress gave it broad authority to regulate mortgages, credit cards, and other consumer products, and is helmed by a single director who can’t be removed by the president except for cause.

The court said it will also address whether the entirety of the law that created the CFPB, the Dodd-Frank Wall Street Reform and Consumer Protection Act that re-ordered the financial regulatory system, should be struck down.

The Trump administration said in a filing with the Supreme Court it concluded the “statutory restriction on the president’s authority to remove the director violates” the Constitution, and “the director of the bureau has since reached the same conclusion.”

Trump tapped Kathy Kraninger to replace Mick Mulvaney, the acting CFPB director, last year.

Congress set up the CFPB as part of the Dodd-Frank financial reform package, and its director is appointed by the president and confirmed by the Senate. The director serves a term of five years.

Cases challenging the constitutionality of the agency have been weaving their way through the lower courts. In 2016, Justice Brett Kavanaugh, then a judge on the U.S. Court of Appeals for the District of Columbia Circuit, said in a ruling in a similar case the CFPB is a “gross departure from settled historical practice.”

Stay tuned. A decision is expected by the end of June.

Don’t Hold Your Breath Waiting For Consequences

On October 9, One America News reported the following:

The United States Foreign Intelligence Surveillance Court has ruled that the FBI previously violated Americans’ privacy rights by conducting unreasonable searches. The FISA Court opinion disclosed Tuesday revealed that the FBI violated constitutional rights and federal law through their warrant-less internet surveillance program.

A 2018 review revealed the bureau used their raw intelligence database in 2017 and 2018 to administer tens of thousands of searches on private U.S. citizens. The searches were conducted on some occasions to screen FBI personnel and sources, involving emails and phone numbers. In one instance, the court stated that an FBI contractor searched his family, staff members and himself on the database.

Federal law requires the database only be used to gather evidence of a crime or foreign intelligence information. According to the ruling, the FBI violated the law authorizing the program as well as the Fourth Amendment, which bars the government from conducting unreasonable searches.

Following the court’s decision, the FBI said it would apply new procedures as to how the database is used in order to better protect personal privacy.

The Foreign Intelligence Service Act has been under scrutiny for some time. Former Trump campaign adviser Carter Page has argued the Obama-era FBI may have used its FISA authority unlawfully against him.

Years ago I took a critical thinking course taught by a former NSA employee. At the beginning of the course, he assured us that guidelines that protected Americans from illegal surveillance were being followed. He stated that in his experience anyone who violated those guidelines was escorted out immediately. About a year later, I talked to him and he apologized for misleading the class. He commented that upon further research he found violations tolerated and sometimes encouraged. Unfortunately there were a lot of things that went on during the Obama administration regarding the politicization of government agencies that we are just now beginning to uncover. It is my hope that the people who chose to violate the civil rights of American citizens will be held accountable. If they are not, the abuses of power will continue.

Getting Serious About False Allegations Against Nominees

Senator Chuck Grassley posted an article on his Senate web page that included a letter asking the Attorney General and the Director of the FBI about investigations into false charges made against Justice Kavanaugh.

Part of the letter states:

These criminal referrals were not made lightly.  In each of the aforementioned cases, the referred individual(s) made false allegations against then-Judge Kavanaugh.  These allegations were taken seriously and carefully investigated by Committee staff, resulting in the diversion of significant resources.
    1. The first referral, dated September 29, 2018, relates to a false allegation made by an individual who told the Committee that he had direct knowledge that Judge Kavanaugh assaulted a close friend on a boat in the harbor at Newport, Rhode Island in 1985. [1]  After the Committee extensively questioned Judge Kavanaugh about the allegation, the individual recanted and apologized on social media for making the false allegation.
    1. The second referral, dated October 25, 2018, relates to false allegations made by Mr. Michael Avenatti and his client, Ms. Julie Swetnick.[2]  In a September 23, 2018, email to Committee staff, Mr. Avenatti stated that he and Ms. Swetnick were aware of evidence that during the 1980s, Judge Kavanaugh participated in the “targeting of women with alcohol/drugs in order to allow a ‘train’ of men to subsequently gang rape them.”[3]  Committee staff interviewed Judge Kavanaugh and ten other individuals in connection with these allegations, which were outlined in graphic detail in a sworn statement to the Committee purportedly written and signed by Ms. Swetnick.  After a thorough investigation, the Committee found no verifiable evidence to support any of the allegations made in the declaration.  The Committee also found that both Mr. Avenatti and Ms. Swetnick had a long history of credibility issues and may have criminally conspired to mislead the Committee and obstruct its investigation.
    1. The third referral, dated October 26, 2018, relates to evidence that Mr. Avenatti falsified a sworn statement to the Committee in order to provide support for Ms. Swetnick’s unfounded allegations.[4]  The sworn statement by an unknown declarant claimed that Judge Kavanaugh had spiked the punch at house parties with Quaaludes and/or grain alcohol in order to make “girls more likely to engage in sexual acts and less likely to say ‘No.’”[5]  NBC News later reported on a series of contacts with the purported declarant, who stated that she had denied the key allegations in the declaration both before and after the statement was publicly released and that Mr. Avenatti had “twisted [her] words.”[6]
    1. The fourth referral, dated November 2, 2018, relates to allegations made by Ms. Judy Munro-Leighton.[7]  On October 3, 2018, Committee staff received an email from Ms. Munro-Leighton stating that she was the author of an unsigned letter containing highly graphic sexual-assault accusations against Judge Kavanaugh previously received by the office of Senator Kamala Harris.  Ms. Munro-Leighton included the text of the letter in her e-mail to the Committee, claiming that Judge Kavanaugh and a friend had raped her “several times each” in the back seat of a car.[8]  When Committee staff interviewed Ms. Munro-Leighton, she admitted that she falsely identified herself as the author of the letter and its allegations and had only claimed authorship “as a way to grab attention.”[9]  When asked by Committee investigators if she had ever met Judge Kavanaugh, she said:  “Oh Lord, no.”[10]

The letter continues:

As the Committee stressed in each of the referrals issued during and after the investigation into allegations against then-Judge Kavanaugh, investigations in support of the judicial nomination process are an essential part of the constitutional role in confirming judges.  As Committee members, we are grateful to citizens who come forward with relevant information in good faith, even if they are not entirely sure about the accuracy of that information.  But, when individuals intentionally mislead the Committee, they divert important Committee resources during time-sensitive investigations and materially impede its work. Such acts are not only unfair; they are potentially illegal.  It is illegal to make materially false, fictitious, or fraudulent statements to Congressional investigators.  It is illegal to obstruct Committee investigations.
It is important to protect the constitutional process from being hijacked by bad actors involved in insidious partisan operations.  The Committee can bring bad actors to the attention of law enforcement and the American people by being as transparent as possible about its investigative findings.  However, it is up to the FBI and the Justice Department to hold those who mislead Congress accountable for the criminal aspects of their behavior.  The DOJ has not shied away from selectively filing charges against individuals for alleged violations of 18 U.S.C. §§ 1001 in the past.  Martha Stewart, former Illinois governor Rod Blagojevich, and ex-Presidential aide Scooter Libby are just a few individuals who have been charged with lying to federal investigators.[11]  Lying to Congress is and should be treated as an equally serious offense.
The next Supreme Court nominee should not have to defend himself or herself against baseless and fabricated allegations, and Committee staff should not have to spend valuable time investigating them.
Accordingly, please respond to the following no later than October 21, 2019:
    1. For each criminal referral made by the Committee to the FBI, did the FBI open a criminal investigation?  If so, which investigation(s) resulted in a referral to the Justice Department for prosecution?  If not, why not?
    1. For each case that was referred to the Justice Department for prosecution, which cases were rejected and which were accepted for prosecution? 

It will be interesting to see if there is any response to this letter.

The Political Cost Of Impeachment

What the Democrats in the House of Representatives are doing is not impeachment. It might be called ‘impeachment light’, but it is not impeachment. Impeachment is something that is supposed to begin with a vote of the full House of Representatives. At that point, both parties are allowed to call witnesses and question witnesses. The accuser (or accusers) of the President is asked to step forward and state his case. What the Democrats are doing violates a number of basic principles in our Constitution. Our Constitution allows a person charged with a crime to face his accuser. Our Constitution allows for both sides of an accusation to be heard. Our Constitution allows for any exculpatory evidence to be heard. None of this is happening in ‘impeachment light.’ So what is the cost of this charade to the Democrats?

The Washington Times posted an article today that includes the following:

Independent voters are warming up to President Trump, says a new survey which finds that Mr. Trump is now besting Democratic front-runners in a theoretical matchup.

“A new IBD-TIPP poll shows President Trump has gained significant ground with independent voters in head-to-head matchups with the Democrat Party frontrunners for president,” wrote Matt Margolis, a contributor to PJ Media.

He cited the factors. Former Vice President Joseph R. Biden, for instance, leads Mr. Trump by just one percentage point among independents, down from Mr. Biden’s 18 percentage point lead in September. Against Sen. Elizabeth Warren, 49% of independents backed Mr. Trump, while 43% favored the Massachusetts Democrat.

The article concludes:

“What caused such a dramatic swing in Trump’s favor with independents? Is it a coincidence that this poll was conducted after Nancy Pelosi formally launched an impeachment inquiry into President Trump? Not to me,” Mr. Margolis said.

“Impeachment is not exactly popular among voters, and only a minority of independents support it,” the analyst noted. “Many on the right have warned Democrats that impeachment fever will only benefit Trump in the long run — and they appear to be proven right by this poll.”

I am sure that the House Democrats are aware of these numbers. It will be interesting to see what they do about them.

Some Random Thoughts On The Troop Withdrawal

According to conservative news sources, the troop withdrawal from the Turkish border is simply moving fifty troops–it is not a withdrawal. I wish it were a withdrawal, we are not currently capable of fighting a war right now–we are unable to unite and focus on the job at hand.

Yesterday The Federalist posted an article about the dust-up.

The article notes:

Congress is the institution vested with the power to declare wars, to debate where we send troops, and decide which conflicts are funded. Presidents have been ignoring this arrangement, abuse authorizations for the use of military force (AUMFs), and imbue themselves with the power to engage in conflicts wherever they like, without any coherent endgame, and without any buy-in from Congress.

Congress, in turn, has shown no interest in genuinely challenging executive power, because its members are far more concerned with political self-preservation. Ignoring abuse shields them from tough choices and ensuing criticism—even as they use war as a partisan cudgel.

Even if you don’t believe all these conflicts rise to an Article I declaration, and I don’t, the more accountability there is in foreign entanglements the better. Right now we have little genuine debate or consensus building—in a nation that already exhibits exceptionally little interest in foreign policy—regarding the deployment of our troops, almost always in perpetuity, around the world.

It’s a bipartisan problem. Barack Obama, whose political star rose due to his opposition to the Iraq war, was perhaps our worst offender, circumventing Congress and relying on a decade-old AUMF (authorizations for the use of military force), which he invoked 19 times during his presidency, to justify a half-hearted intervention against ISIS (not al-Qaeda) in Syria (not Afghanistan.)

The article notes that military overreach is a problem in both parties:

It’s a bipartisan problem. Barack Obama, whose political star rose due to his opposition to the Iraq war, was perhaps our worst offender, circumventing Congress and relying on a decade-old AUMF, which he invoked 19 times during his presidency, to justify a half-hearted intervention against ISIS (not al-Qaeda) in Syria (not Afghanistan.)

Trump could bomb Iran tomorrow, use Obama’s reasoning, and have a far stronger legal defense for his actions.

It was also Obama who joined Europeans in the failed intervention in Libya, where he worked under NATO goals rather than the United States law. There was hardly a peep from Democrats fretting over the corrosion of the Constitution.

American would function much more efficiently if our Congressmen and President would simply follow the U.S. Constitution. At this point I am not sure many of them have read it–although they did take an oath to uphold it.

Slowly Moving The Anti-Christian Agenda Down The Road

On Friday, The Federalist posted an article about a recent video made by New Orleans Saints Quarterback Drew Brees.

The article reports:

Brees released a short video encouraging young people to share their faith by bringing their Bibles to school on October 3, 2019. The event is an annual celebration designed to encourage personal freedom, religious freedom, and religious pride, and is sponsored by Focus on the Family, a conservative Christian advocacy organization.

The reaction was instantaneous and intensely hostile. Sports commentator Robert Littal tweeted, “Drew Brees Created a PSA Video for an Anti-Gay Religious Cult That Believes in Conversion Therapy & Fights Against Any Anti-Discrimination Laws; Wants Kids to Bring Bible to School to Convert Other Kids.” Out Magazine, an LGBT publication, shamed Brees for associating with Focus on the Family, which they refer to as an “anti-gay extremist group.”

In 2010 Brees made a video for the It Gets Better series, which encourages LGBT youth to push through school bullying. In this video, he says, “If you’re making fun of someone because they are different, then you are no friend of mine.” He also partnered with Ellen DeGeneres to promote an anti-bullying campaign. Thus his work with Focus on the Family’s campaign, Out asserts, demonstrates a fall from grace.

Focus on the Family is not an “anti-gay extremist group.” They are a group of Christians who believe the Bible and teach from it. It seems to me that a gay community that is bringing drag queens into schools to encourage alternate life styles might not be the proper group to complain about students sharing their faith in God. Religious freedom is enshrined in our Constitution. Biblical Christianity recognizes homosexuality as a sin. It also recognizes sex out of wedlock as a sin. It does not condemn the sinner–it condemns the action and invites the sinner to repentance. The laws that Mr. Littal is accusing Focus on the Family of opposing would limit the rights of Christians. In a sense, those laws call for the discrimination of those holding Christian beliefs. Again the rights of those holding any religious belief are enshrined in our Constitution.

I am grateful for Drew Brees telling children to bring their Bible to school. If we had more Bibles in schools, we might have better discipline and less violence.

Using The American Court System Against Americans

Yesterday The Gateway Pundit posted an article about a ruling by Federal Judge Anthony Trenga.

The article reports:

Federal Judge Anthony Trenga, a George W. Bush appointee ruled on Wednesday that the US government’s watchlist of over 1 million people violates the Constitutional rights of those placed on the list.

Terror-tied CAIR [Counsel on American Islamic Relations] filed the lawsuit in 2016 challenging the constitutionality of the US government’s terror watchlist which currently has over 1 million people in a database the FBI has labeled “known or suspected terrorists.”

CAIR is an unindicted co-conspirator in the largest terror funding case in US history, and they are now trying to force the US government to dissolve a list of people deemed to be dangerous terrorists.

The article includes an portion of an AP report:

The watchlist, also known as the Terrorist Screening Database, is maintained by the FBI and shared with a variety of federal agencies. Customs officers have access to the list to check people coming into the country at border crossings, and aviation officials use the database to help form the government’s no-fly list.

The watchlist has grown significantly in size over the years. As of June 2017, approximately 1.16 million people were included on the watchlist, according to government documents filed in the lawsuit. In 2013, the number was only 680,000. The vast majority are foreigners, but according to the government, there are roughly 4,600 U.S. citizens and lawful permanent residents on the watchlist as well as of 2017.

First of all, I would like to point out that people who are not American citizens do not have Constitutional rights. The American Constitution applies to Americans. CAIR was named an an unindicted co-conspirator in the Holy Land Foundation Case (the largest terror funding case in US history). If you are unfamiliar with the case, please look up the government exhibits in the case. Those exhibits include the Muslim Brotherhood’s plan to use the freedoms we have as Americans to undermine our government. CAIR has many questionable ties to groups that do not have the best interests of America as a priority. CAIR has been using our court system against us for years. If this ruling stands, Americans will be less safe. We are slowly sinking back into the naivete that we had before September 11, 2001.

Watching The Slippery Slope

Every time a criminal or a crazy person shoots people, the Democrats decide that the gun was the problem. They just don’t seem to be able to focus on the person doing the shooting. There is a total disregard for the purpose and history of the Second Amendment.

Townhall posted an article today about some recent comments by a Democrat candidate for President regarding Americans who own guns.

The article reports:

New York Senator Kirsten Gillibrand is one of them and said earlier this week she’s open to putting gun owners who refuse to comply with bogus government “buybacks,” which is simply government confiscation, in prison.

“You don’t want to grandfather in all of the assault weapons all across America. We’d like people to sell them back to the government,” Gillibrand said during an interview with MSNBC. “The point is you don’t want people using assault weapons so the point is ff you’re arrested for using an assault weapon you’re going to be arrested for an aggravated felony. The whole point is when you make it a crime to own an assault weapon then if you are found using it, that would be the issue. It would be part of law enforcement.”

Let’s put this into context. The semi-automatic AR-15 is the most popular rifle in America. The left considers it an “assault rifle.” There are more than 20 million of them owned by Americans across the country. Gillibrand wants to turn every single person who has one into a felon and institute a police state for enforcement.

The article also notes that candidate Kamala Harris is also talking about taking away the right of Americans to own guns. This is obviously unconstitutional, but there are some real questions as to whether our courts are following the Constitution. This is a critical time for gun rights in America.

 

If You Are A Parent, This Is Frightening

Life Site News posted an article on Wednesday about what I would consider a serious violation of parental rights by the government.

The article reports:

The Minnesota mother whose son was maneuvered through a “sex change” by county officials has asked the U.S. Supreme Court to review her case. She is charging the government with usurping her parental rights when its agents provided her son with transgender services and narcotic drugs against her wishes.

The Thomas More Society petitioned the High Court Wednesday on behalf of Anmarie Calgaro, arguing that Calgaro’s due process rights were “trampled on” when St. Louis County and its referred health providers “ended her parental control over her minor son without a court order of emancipation.”

“It’s a parent’s worst nightmare,” Thomas More Society special counsel Erick Kaardal said. “Anmarie Calgaro’s child, while a minor, was steered through a life-changing, permanent body altering process, becoming a pawn in someone else’s sociopolitical agenda and being influenced by those who have no legal or moral right to usurp the role of a parent.”

Calgaro sued state agencies and health providers in federal court in 2016 for terminating her parental rights without due process after her minor son was given elective medical services for a so-called “sex change” without her consent or a legal order of emancipation.

Her suit said the state’s entities decided on their own that the then-17-year-old boy was emancipated.

The defendants handled Calgaro’s son as an emancipated minor even though there had been no court action to that effect, the Thomas More statement says. Neither the school district, the county, nor any of the medical agencies named in the lawsuit gave Calgaro any notice or hearing before ending her parental rights over her minor child.

A district judge dismissed Calgaro’s lawsuit in May 2017, admitting that the boy was not legally emancipated by a court order but ruling that Calgaro’s parental rights “remained intact.” The Thomas More Society says the judge decreed that the de facto emancipation of Calgaro’s minor son by the county, school, and medical care providers did not constitute an infringement of constitutionally protected parental rights.

The case was appealed in July 2017 and the district court ruling upheld by the 8th Circuit Court of Appeals in March of this year.

St. Louis County decided without any basis that Calgaro’s son was emancipated and could receive government benefits, even though Calgaro was a “fit parent” who objected to their actions, the legal non-profit’s statement on the Supreme Court filing said.

The article concludes:

“And the St. Louis County School District in Minnesota has a custom and practice of barring a parent from involvement in the child’s education for more than two years after a child is deemed by the school principal, not by a court order, to be emancipated,” he said. “This is an unacceptable situation for any parent and a serious violation of parental and due process rights.”

Minnesota’s language regarding emancipation is vague, and state law presents no procedural due process rights for “fit parents,” according to Kaardal, even though it does so for those deemed unfit.

“Why wouldn’t we make this same effort for fit parents?” he asked.

Kaardal said he was concerned in particular about the conflict in Minnesota’s legal statutes.

“The U.S. Court of Appeals ignored the major disconnect in the District Court decision where the mother’s parental rights are admitted but not honored, and the ridiculous claims that the agencies which have violated Calgaro’s rights did nothing wrong,” he stated. “The United States Supreme Court now has the opportunity to untangle this incompatible and untenable scenario; so, nationwide fit parents can keep parenting without governmental interference.”

“Under federal law, the right to parent is considered an unenumerated right, protected from governmental interference by the Due Process Clauses of the Fifth and Fourteenth Amendments,” said Kaardal. “The “liberty” of the Due Process Clauses safeguards those substantive rights “so rooted in the traditions and conscience as to be ranked as fundamental.”

The U.S. Supreme Court reconvenes in October.

 

Does The Will Of The People Mean Anything?

Yesterday The Washington Examiner posted an article about the question of asking people if they are citizens on the 2020 census.

The article reported:

Americans by a wide margin agree with President Trump that the upcoming 2020 census should ask a citizenship question.

The latest Economist/YouGov poll found that 53% feel it should ask the question versus 32% who don’t.

The survey asked: “Do you think the federal government should or should not ask people whether they are American citizens as part of the 2020 census?”

  • Should ask 53%
  • Should not ask 32%
  • Not sure 14%

The Supreme Court has rejected including the question in a form the administration proposed but left the door open to another version. And Trump is considering changing the version.

…And it can be done, according to legal expert and George Washington University Law professor John Banzhaf.

“There are several rationales — including one based upon the Constitution itself — which could well still persuade the courts to permit a citizenship question on the census, especially if the explanation were included in the executive order now being considered, rather than in some new declaration by the Secretary of Commerce,” he said in a review of the court’s decision.

Why does this matter? The census is used to determine the number of Representatives a state has in the House of Representatives. Theoretically these Representatives represent American citizens living in their districts. The number of Representatives a state sends to Congress also helps determine the number of votes a state has in the Electoral College.

So if people who are not citizens and may be here illegally are counted in the census, what happens? California, whose population is losing American citizens to other states and gaining illegal immigrants will either retain its current number of Representatives or gain some. States with lower non-citizen populations may be underrepresented in Congress and in the Electoral College. In a sense, when you count non-citizens in the census, you risk taking representation away from Americans. Counting non-citizens will also skew the Electoral College.

Who Gets To Vote For President

Only American citizens can vote for President according to No, 18 USC 611[1], passed in 1996, which prevents aliens from voting in federal ( though not necessarily state) elections. This presents a problem for states and municipalities that are allowing non-citizens to vote in local elections. How do you set up your voting rolls to separate those qualified to vote in local elections from those qualified to vote in federal elections? That is the problem that California is now facing.

One America News posted the following video on May 28:

California is facing a new lawsuit over errors in its voter registration system. One America’s Pearson Sharp spoke with Mark Meuser, an election attorney, who said the secretary of state is violating federal law by opening the door for non-citizens to vote.

When America was founded, only property owners were allowed to vote because they were considered to be people who had a stake in the outcome of the election. Men only were allowed to vote because they were considered to represent their households. While I am glad those rules have changed, there was some logic to them. Intact families provide a stable foundation for our communities. People in families tend to be responsible and in the habit of thinking about others. I am not sure that I could say that about all of today’s voters.

 

Some Comments On Today’s Events

The following interview is from Fox Business News:

We are watching the last of an attempted coup. The Deep State, which included the upper echelon of the Department of Justice, in collusion with the Hillary Clinton campaign and aided by the mainstream media attempted (and is continuing to attempt) to unseat a duly-elected President because they don’t like him and they lost. Actually it’s more serious than that. President Trump represents a serious threat to the current status quo that has enriched Washington insiders for generations. Rather than lose the gravy train they are accustomed to, Democrats and some Republicans want him gone. They are not particularly fussy about following the Constitution in accomplishing their goal. Hopefully those who participated in this attempted coup with be dealt with appropriately.

 

This Is Not Good News For Our Representative Republic

The Daily Caller is reporting today that New Mexico is the fourteenth state to join the National Popular Vote Interstate Compact (NPVIC). This is the group that says their states electoral college votes will go to the presidential candidate who gets the most popular votes. In other words, it really doesn’t matter how the residents of these states vote, this is where the electoral votes are going. In essence, that means that New York and California will determine who our next President is if this trend continues.

Just for reference, this is a picture of the 2016 election:

The article points out:

States that have passed similar legislation to join the NPVIC now represent 189 electoral votes. The compact could become official when that number hits 270, enough votes to elect the president of the United States.

That would change America from a Representative Republic to a Democracy.

I am reminded of the words of Benjamin Franklin after the Constitutional Convention of 1787:

A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.”

Moving forward with the National Popular Vote Interstate Compact means that we will not keep it.

Better Late Than Never

Yesterday The Hill reported that the Justice Department has announced that it has found the Affordable Care Act unconstitutional.

The article reports:

The DOJ previously argued in court that the law’s pre-existing condition protections should be struck down. Now, the administration argues the entire law should be invalidated.

U.S. District Judge Reed O’Connor ruled in December that the Affordable Care Act’s individual mandate is unconstitutional and that the rest of law is therefore invalid.

The DOJ said Monday that it agrees the decision should stand as the case works its way through the appeals process in the U.S. Court of Appeals for the 5th Circuit.

“The Department of Justice has determined that the district court’s judgment should be affirmed,” the department said in a short letter to the appeals court.

The article concludes:

Many legal experts in both parties think the lawsuit, which was brought by 20 GOP-led states, will not ultimately succeed. The district judge who ruled against the law in December is known as a staunch conservative.

The case centers on the argument that since Congress repealed the tax penalty in the law’s mandate for everyone to have insurance in 2017, the mandate can no longer be ruled constitutional under Congress’s power to tax. The challengers then argue that all of ObamaCare should be invalidated because the mandate is unconstitutional.

Most legal experts say legal precedent shows that even if the mandate is ruled unconstitutional, the rest of ObamaCare should remain unharmed, as that is what Congress voted to do in the 2017 tax law that repealed the mandate’s penalty.

This is another example of the consequences of Congressional inaction. First of all, the government has no business in healthcare or health insurance. It the government wants to make a few minor rules to make sure people can obtain healthcare, that is fine, but other than that, we need to go back to free market healthcare. Our current policies have made insurance more expensive than it should be and care more expensive than it should be. We need to go back to the days of knowing how much things cost and being able to shop around for our care.

This Might Be Something To Take Note Of

Yesterday The Gateway Pundit reported on a speech given by Democrat Congresswoman Rashida Tlaib (MI) to CAIR (Council on American-Islamic Relations) last month. Just for the record, CAIR was named as an unindicted co-conspirator in the Holy Land Foundation Trial. If you are not familiar with the trial or the related documents, please follow the link to the Holy Land Foundation Trial to learn about the trial and what it means for America.

Here are some highlights of The Gateway Pundit article:

Congresswoman Tlaib was introduced by Executive Director of CAIR’s Florida chapter, Hassan Shibly — Shibly invoked the Islamic war cry as he introduced her.

“Allahu Akbar! The first Palestinian-American Muslim Congresswoman, our dear sister Rashida Tlaib!” Hassan Shibly said.

As soon as Rashida Tlaib walked up to the lectern to deliver her radical speech, she invoked the Muslim war cry of Allah in Arabic: “Bismillah al-Rahman al-Rahim!” Tlaib said, which means, “In the name of Allah, the merciful, the compassionate.”

This phrase begins every chapter in the Quran except one and is seen as a Muslim war cry.

In fact, this is the very same phrase Bowe Bergdahl’s father said in front of the White House in 2014 after Obama traded Taliban terrorists in exchange for traitor Bergdahl.

Rashida Tlaib then declared victory over the US government.

“‘We always said ‘the Muslims are coming’… I think we’re here!” Tlaib said as the crowd cheered.

“We’re not only everywhere in all kinds of different governments but, mashallah, we’re in the United States Congress,” she said.

She is not representing Islam as a religion–she is representing Islam as a political system, calling for Sharia Supremacy. Please understand what that means–an end to the U.S. Constitution, an end to any sort of freedom for women, the death of homosexuals, killing of infidels, jizya, a tax on non-Muslims, and the goal of establishing a worldwide caliphate. Unfortunately, we have allowed the camel’s nose into our tent, and unless we realize this and correct our mistake, the rest of the camel will soon follow. She represents her district. She represents the result of allowing large numbers of immigrants to come to America without requiring them to assimilate. Her election represents a threat to our republic.

Should The Government Control What We Eat?

Cory Booker is running for President (along with a lot of other Democrats). He is a vegetarian who believes that the vegetarian lifestyle should be the choice for everyone.

The following quote was posted at The Gateway Pundit yesterday:

Booker told the February issue of VegNews that he became a vegetarian in 1992 when, after a few days of trying the new lifestyle, he said, “Oh my gosh, I will never go back to eating meat.” He made the decision to go vegan in 2014…

The progressive senator doesn’t think veganism is just appropriate for his private life; he’d like everyone to embrace the diet because he believes the world can’t keep providing enough beef and pork to satisfy meat cravings.

“The tragic reality is this planet simply can’t sustain billions of people consuming industrially produced animal agriculture because of environmental impact. It’s just not possible, as China, as Africa move toward consuming meat the same way America does because we just don’t have enough land.”

In addition to convincing the masses to give up meat, Booker has other legislative goals that would interfere with America’s eating habits.

Where in the U.S. Constitution does the government have the right to tell us what to eat?

Sometimes States Get It Right

Townhall is reporting today that the Colorado Civil Rights Commission has dropped its lawsuit against cake artist Jack Phillips. The article reports that the move that came after new evidence emerged of the state’s religious bigotry, according to Alliance Defending Freedom (ADF), the conservative legal-defense group representing him.

The article reports:

The latest chapter in Colorado’s ongoing targeting of Phillips came after the state targeted him for not making a gender transition cake, even though the U.S. Supreme Court ruled 7-2 in his favor in Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2017.

“We’re pleased that the state will be dismissing its case against Jack,” said ADF Senior Vice President of U.S. Legal Division Kristen Waggoner. “This is the second time the state has launched a failed effort to prosecute him. While it finally appears to be getting the message that its anti-religious hostility has no place in our country, the state’s decision to target Jack has cost him more than six-and-a-half years of his life, forcing him to spend that time tied up in legal proceedings.”

Phillips called the case’s dismissal a “win for freedom” and said he looked forward to serving his customers once again.

“When I set out to build my dream of opening my own cake shop, combining my love for art and baking in a family business, I never imagined this chapter would be part of the Masterpiece Cakeshop story,” he said in a statement. “I have and will always serve everyone who comes into my shop; I simply can’t celebrate events or express messages that conflict with my religious beliefs. The Supreme Court affirmed that government hostility against people of faith is unconstitutional, and that Colorado was hostile to my faith. That hostility cost me 40 percent of my business and the wedding work that I love to do.”

The state was unwise to go after Jack Phillips after the Supreme Court ruling, but I guess they decided they could still make an example of him. I am grateful for the work of the ADF and the fact that they are working to fight religious discrimination.

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.