Tag Archives: Constitutional right

Congress Needs To Say “No”

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Congress has until April 19th to reauthorize  Section 702 of the Foreign Intelligence Surveillance Act. This is the law that allows warrantless surveillance of U.S. citizens. It was passed after 9/11 in the hope that it would make America more secure from terrorist attacks. Instead it has been used as a political weapon to move America toward Banana Republic status.

On Monday, The Conservative Review posted an article about Section 702.

The article notes:

The FBI is attempting to rehabilitate the public image of Section 702 of the Foreign Intelligence Surveillance Act as Congress has until April 19 to reauthorize it. The bureau recently posted a video to X that features FBI Director Christopher Wray attempting to put a gloss on Section 702 as part of this monthslong campaign.

The bureau’s timely propaganda did not escape the attention of critics on X, where the post received a community note that read, “The FBI violated American citizens’ 4A rights 278,000 times with illegal, unauthorized FISA 702 searches.”

Among the critics was Sen. Mike Lee (R-Utah), who wrote, “FBI just got called out in a community note on X. Congress — take note. FISA 702 has been used for warrantless surveillance of U.S. citizens HUNDREDS OF THOUSANDS of times. Yet FBI demands 702 be reauthorized by April 19 WITHOUT a warrant requirement for searches of U.S. citizens.”

“Many in Congress will want to reauthorize FISA 702 — which is set to expire April 19th — either without modification or (more likely) with fake reforms that fail to impose a warrant requirement for searches directed at Americans,” added the senator.

The article notes:

In his March 11 testimony, Wray stated, “The FISA Court itself most recently found 98% compliance and commented on the reforms working. The most recent Justice Department report found the reforms working, 99% compliance. And so, I think legislation that ensures those reforms stay in place but also preserves the agility and the utility of the tools, what we need to be able to protect the American people.”

The FBI’s March 25 social post containing an excerpt from Wray’s testimony was not well-received.

Rep. Andrew Clyde (R-Ga.) wrote, “The FBI was correctly called out in a community note for lying about its unconstitutional, warrantless surveillance of Americans. Congress must eliminate FISA abuse and protect the American people’s privacy.”

Georgia Rep. Marjorie Taylor Greene (R) tweeted, “The FBI has been corrected in community notes and rightfully so.”

FBI whistlelower Steve Friend reiterated that the FBI “violated constitutional rights and abused FISA Section 702 over 278,000 times in a single year.”

The article concludes:

“While only foreigners overseas may be targeted, the program sweeps in massive amounts of Americans’ communications, which may be searched without a warrant. Even after implementing compliance measures, the FBI still conducted more than 200,000 warrantless searches of Americans’ communications in just one year — more than 500 warrantless searches per day,” said Durbin.

Durbin figured this legislation would make reauthorizing Section 702 palatable.

Section 702 needs to go away. We have seen that there is too much temptation for those in power to misuse the law to target their political opponents.

Destroying Democracy To “Save It”

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First of all, America is not a democracy–it it a Representative Republic, and the people in Congress are supposed to be there to represent the voters and serve the people. Unfortunately, many in Congress have decided that their power and their will are more important than the will and the people. They know best, and if the people are going to vote ‘wrong’, they have to be overridden. On Saturday, The Gateway Pundit revealed the plan the uni-party has to keep President Trump from being President again.

The article reports:

RINO Representative Mike Gallagher (WI) will exit the House as early as next month.

Gallagher, who is currently serving as the chairman of the Select Committee on the Chinese Communist Party, last month announced that he will not seek reelection.

Instead of serving out the rest of his term, Gallagher will retire early leaving the GOP with a one-vote majority!

But it’s worse than that.

Gallagher announced he will leave in mid-April. If Gallagher would have left before April 9th he would have triggered a special election in his district. Because he is leaving after April 9th but still in April, there will be no special election so the seat will remain empty.

This ensures that Republicans will lose another seat in Congress.

This is how the Uniparty works.

They do everything they can to screw their voters.

So what happens next? The plan is for one or two uni-party Republicans to leave before November. At that point the Democrats take control of the House. All investigations of the Biden crime family end. Evidence might mysteriously go missing. President Trump is charged with violating the 14th Amendment and prevented from taking office. At that point we  have lost our Republic.

I hope that the above scenario is pure fiction. However, based on what we have seen during the past three years–SWAT raids on people who simply walked through the Capitol on January 6th, prisoners denied bail or hearings for four years (with no one defending their Constitutional rights), and the totally politicization of our justice system–I am not ruling anything out.

A Subtle Way To Infringe On A Constitutional Right

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“America’s 1st Freedom” is a magazine distributed by the National Rifle Association. I am not including a link to the article I am posting about because I can’t find the article electronically although it is in the April 2020 issue of the magazine.

The title of the article is “The New Gun-Control Activism.” It deals with the strategy those who oppose the right of Americans to own guns are using to limit the availability of guns to Americans.

The article notes:

Last year, for example, Connecticut State Treasurer Shawn Wooden, who commands $37 billion in public pension funds, announced plans to pull $30 million worth of shares from civilian firearm manufacturer securities. Wooden also intends to prohibit similar investments in the future and to establish incentives for banks and financial institutions to adopt anti-gun protocols. The proposition was immediately praised by Sen. Richard Blumenthal (D-Conn.) and other Connecticut politicians who view the divestment from five companies–Clarus Corp., Daicel Corp., Vista Outdoor Inc., Olin Corp., and ammunition maker Northrop Grumman–as a step toward reducing gun violence.

…Wooden also requested that financial bodies disclose their gun-related portfolios when endeavoring to wok with the treasurer’s office. Wooden subsequently selected tow firms, Citibank and Rick Financial Product (both had expressed the desire to be part of the “solution on gun violence”), to take on the roll of senior bankers in Connecticut’s then-forthcoming $890 million general obligation bond sale.

Technically I guess this is legal. It is a very subtle infringement on the Second Amendment and would be very difficult to prove in court. It is also not a new approach. During the Obama administration, the administration put in place guidelines that prevented gun dealers from getting business loans from banks.

On May 19, 2014, The New American reported:

Following the Obama administration’s “Operation Broken Trust,” an operation that began just months into his first term, the Financial Fraud Enforcement Task Force was created initially to “root out and expose” investment scams. After bringing 343 criminal and 189 civil cases, the task force began looking for other targets.

The task force is a gigantic interagency behemoth, involving not only the Department of Justice (DOJ) and the FBI, but also the Securities and Exchange Commission (SEC), the U.S. Postal Service, the Internal Revenue Service (IRS), the U.S. Commodity Futures Trading Commission (CFTC), and the U.S. Secret Service.

The next target for the task force was credit card payment processors, such as PayPal, along with porn shops and drug paraphernalia stores. In 2011, it expanded its list of “high risk” businesses to include gun shops. Peter Weinstock, an attorney with Hunton & Williams, explained:

This administration has very clearly told the banking industry which customers they feel represent “reputational risk” to do business with….

Any companies that engage in any margin of risk as defined by this administration are being dropped.

In 2012, Bank of America terminated its 12-year relationship with McMillan Group International, a gun manufacturer in Phoenix, and American Spirit Arms in Scottsdale. Said Joe Sirochman, owner of American Spirit Arms:

At first, it was the bigger guys — gun parts manufacturers or high-profile retailers. Now the smaller mom-and-pop shops are being choked out….

They need their cash [and credit lines] to buy inventory. Freezing their assets will put them out of business.

That’s the whole point, according to Kelly McMillan:

This is an attempt by the federal government to keep people from buying guns and a way for them to combat the Second Amendment rights we have. It’s a covert way for them to control our right to manufacture guns and individuals to buy guns.

With the Obama administration unable to foist its gun control agenda onto American citizens frontally, this is a backdoor approach that threatens the very oxygen these businesses need to breathe. Richard Riese, a senior VP at the American Bankers Association, expanded on the attack through the banks’ back doors:

We’re being threatened with a regulatory regime that attempts to foist on us the obligation to monitor all types of transactions.

All of this is predicated on the notion that the banks are a choke point for all businesses.

How you vote matters.

What Is Going On Behind The Curtain

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The circus in Washington just gets worse. Today the House of Representatives voted to conduct an investigation without allowing the defendant his constitutional rights. However, a closer look at what is going on provides some clues to a larger scheme.

Yesterday Breitbart posted an article the provides some insight into what is actually happening.

The article reports:

The House Democrats’ impeachment inquiry resolution would officially authorize probes into U.S. President Donald Trump that are unrelated to the Ukraine-linked allegations that triggered the investigation to impeach him, including efforts to obtain the commander in chief’s tax returns.

Unveiled on Tuesday, the text of the resolution states that the measure orders “certain committees” to continue investigating whether there is sufficient evidence to impeach Trump and “for other purposes,” without explaining what those purposes are.

In other words, the resolution, expected to be voted on this week, would authorize any ongoing Trump investigations under the sun. The measure is expansive, breathing new life into a wide range of non-Ukraine probes, including an ongoing investigation by the House Judiciary Committee into whether Trump paid money to silence sexual affairs accusations.

In other words, they are redoing the Mueller investigation with Adam Schiff in charge. As Lavrentiy Beria, head of Joseph Stalin’s secret police, once said, “Show me the man and I’ll show you the crime.” That is exactly opposite from the way the American justice system is supposed to work, but unfortunately the House of Representatives has decided to ignore the principles behind the American justice system.

I can easily predict what is going to happen. The Democrats are going to demand that President Trump release his tax returns for the past 10 years or so. The President is going to refuse. This will then go to court. It will be tied up in court until after the 2020 election. In the meantime, the Democrats will accuse the President of obstructing justice. How many of the tax returns have we seen of Congressmen who entered Congress with an average net worth and are now millionaires? The vote on impeachment is garbage, and those voting for the investigation need to be investigated.

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

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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.

Learning From History

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On October 31, Breitbart reported that after the attack on the Tree of Life Synagogue on October 27, Jewish Americans are taking firearms training in record numbers. It is unfortunate that Jewish Americans feel the need for weapons training, but considering the lessons of history, it is perfectly understandable.

The article reports:

And while there are some members of the Jewish community pushing back against the idea of using guns to keep synagogues safe, Stern notes, “To wait for law enforcement to arrive simply is not the answer.”

Zev Guttman was afraid of guns until Saturday’s attack, but now he chooses to be armed. He said, “Everybody has to find a way to react; this is my way.”

Brooklyn borough president Eric L. Abrams reacted to the Pittsburgh attack by making clear he will be armed when he goes to a synagogue. He said, “It’s not popular, but it’s right.” He added, “We have to live in the real universe that we’re in.”

NY State Assemblyman Dov Hikind said, “I applaud and agree with Eric L. Adams and I am registering immediately for a gun license. And I encourage other Jews to do so to protect their institutions and synagogues. If we are targets, we need to be prepared.”

The following is from a National Review article from 2013:

In 1931, Weimar authorities discovered plans for a Nazi takeover in which Jews would be denied food and persons refusing to surrender their guns within 24 hours would be executed. They were written by Werner Best, a future Gestapo official. In reaction to such threats, the government authorized the registration of all firearms and the confiscation thereof, if required for “public safety.” The interior minister warned that the records must not fall into the hands of any extremist group.

In 1933, the ultimate extremist group, led by Adolf Hitler, seized power and used the records to identify, disarm, and attack political opponents and Jews. Constitutional rights were suspended, and mass searches for and seizures of guns and dissident publications ensued. Police revoked gun licenses of Social Democrats and others who were not “politically reliable.”

Our Second Amendment is important. Gun registration has too much opportunity to be abused to be a realistic policy. Are you willing to allow a government that in the past has spied on Americans and used government agencies to fight political opponents have access to information regarding gun ownership?

America would be a safer place if all law-abiding citizens took firearms training.

Questionable At Best

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The October Surprise is a political tactic that has been used in the past to convince the public that a candidate is unfit for office. It is done close enough to the election so that there is not adequate time to research the the accusation before the election. Sometimes it works; sometimes it doesn’t. Somehow the accusation and the accusers disappear after the election. Rarely does the accused get a chance to redeem his reputation. In the past the tactic has been used in presidential campaigns and Congressional campaigns. A form of it has also been used to attempt to block Supreme Court nominees. It worked on Robert Bork; it failed on Clarence Thomas. I have no idea what is going to happen with Judge Kavanaugh.

There are a few things to consider in the attack on Judge Kavanaugh. Paul Mirengoff at Power Line posted an article today that revealed the following:

It looks like Brett Kavanaugh’s mother, Judge Martha Kavanaugh, ruled against the parents of Christine Blasey Ford, the woman who accuses Brett Kavanaugh of sexual assault. Court documents show the losing party in a foreclosure case Martha Kavanaugh heard to be Ralph and Paula Blasey of Potomac, Maryland. They appear to be Christine Blasey Ford’s parents.

The fact that Kavanaugh’s mother ruled against Ford’s parents doesn’t prove Ford is lying about the conduct of the son. Her allegation, coming so many years after the fact and without a description of when or where the event supposedly occurred, is probably not susceptible to being ruled out conclusively. But there now seems to be a motive, beyond partisan politics, for Ford to make up or significantly embellish her story so long after the “fact.”

In any event, the fact that Ford’s story, having been presented so late and with little detail as to time and place, is probably not susceptible to being ruled out means that, if not “ruled in” conclusively, the story should not preclude Kavanaugh’s confirmation. We have statutes of limitations for a reason.

Finally, unless we accept the view that Kavanaugh truly attempted to rape this girl, I don’t believe his conduct provides a basis for rejecting his nomination. Kavanaugh was still a teenager. More than five dozen women who knew him at the time vouch for his behavior. His female law clerks consider him a gentleman and a mentor.

The American Thinker posted an article today detailing some of Ms. Ford’s student reviews. It is very obvious that Ms. Ford easily fits into the category of a radical liberal. The question is whether or not she has any foundational principles that would prevent her from making false accusations.

The article at The American Thinker concludes:

So has Kavanaugh gotten on Ford’s bad side by expressing conservative ideas?  Probably.  And even if her allegations are true, I very much doubt she’d have come forward had Kavanaugh stayed on her good side by being a leftist reprobate in the mold of Slick Willie or Chappaquiddick Ted Kennedy.  For a good example of such situational sexual mores, note that liberal reporter Nina Burleigh actually said in 1998 about B. Clinton, “I’d be happy to give him [oral sex] just to thank him for keeping abortion legal.”

As for Kavanaugh, unless it’s shown that he’s like Bill Clinton and Ted Kennedy and has exhibited a pattern of sexual wrongdoing, there’s nothing to see here.  Ford claims that the 36-year-old alleged incident of sexual misconduct took place in a room with only her and the two boys present.  So while 65 women who knew Kavanaugh in high school have come forward to vouch for his character as a gentleman, Ford’s lone word is the only claim against him.  Heck, there are more testimonials as to Ford’s alleged insanity than there are regarding Kavanaugh’s alleged impropriety.

This is foul play on the part of the anti-Trump crowd. The fact that Jeff Flake is using these accusations as an excuse not to vote Judge Kavanaugh out of committee and let the Senate vote is an indication of where things are. The fact that the Democrats are using this tactic to attempt to stall the nomination also illustrates their pettiness in trying to prevent the President from exercising his Constitutional right to select judges. The actions of Diane Feinstein and the other Democrats involved in this smear campaign are a disgrace to their party and to their country. These are the people who supported Bill Clinton as President when there was current evidence against him. Now they have discovered morality and can’t support a man with a questionable accusation from thirty years ago. That really does not pass the smell test.

Veterans And The Second Amendment

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Some members of Congress are leading an attack on the Second Amendment right now.  It is being done in the name of making Americans safer while overlooking the fact that criminals do not obey gun laws. However, there is also an attack on our military veterans‘ ability to own guns. This is very serious, as the group that would be most likely to prevent the government from doing really ugly things (should it come to that) would be armed military veterans. I hope that day never comes, but there is nothing wrong with being prepared and aware.

A website called Redflag posted an article on March 15th regarding some of what is happening in our government regarding the Second Amendment.

The lawyer who writes the Redflag site is offering his service to veterans who are in danger of losing their Second Amendment rights. This is what he has encountered:

Veterans are being declared incompetent not because they have a serious mental illness that makes them a danger to themselves or others, but because they have a physical disability resulting from their service in the armed forces or because they simply let their spouses pay the family bills.

If veterans have minor issues with PTSD, have expressed that they are depressed sometimes, or even in the case of Vietnam veterans admit that they are getting older and sometimes forget to pay their bills on time, the bureaucrats at the VA will seek to declare them incompetent. (I am a 65 year old veteran and often forget where I put my car keys, does that make me incompetent to handle my own financial affairs and even worse mean that I can’t own a firearm?) According to the VA it apparently does.

All of this has resulted in America’s heroes being declared incompetent by a process that blatantly violates their rights to due process under the Fifth Amendment to the Constitution. Then, for reasons that have not been explained these same veterans are also being denied their Second Amendment right to keep and bear arms.

Many of the veterans I have heard from were initially both scared because of what was happening to them, and hurt because it is their own government that is causing this fear. After all, when they joined the military they signed a blank check to their country to defend it and its Constitution even if it cost them their lives. Yet, now their own government is turning on them and taking from them the very Constitutional rights they fought to preserve.

This needs to be reported in the mainstream media and stopped immediately.

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