Category Archives: Constitution

authoritarian swine, Constitution, Courts, gun control, Law, Rights, SCOTUS

RAHIMI vs. Red Flags

UNITED STATES v. RAHIMI is in the news with a Supreme Court ruling a few days ago. And the victim disarmament crowd is all over it.

You see, SCOTUS found that someone never convicted of a crime can still lose his Second Amendment rights via a domestic violent prevention order. Associate Justice Thomas dissented. For very good reasons.

Michigan’s Attorney General is one of the people eyeing this ruling with glee.

Nessel says SCOTUS gun ruling confirms constitutionality of Michigan gun laws
“Michigan’s recently passed ERPO [extreme risk protection order] law was modeled after the federal law at issue in the Rahimi case, and the Supreme Court’s decision today only confirms the constitutionality of our own law.”

Not so fast, statist thug.

Rahimi was charged with unlawful firearm possession under 18 U.S. Code § 922(g)(8). An important part of that is this:

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

That’s a problem with Michigan’s ERPO law (“red flag”). Michigan’s law allows ex parte proceedings in which the accused does not receive “actual notice, and at which such person had an opportunity to participate.”

So, no, RAHIMI does not support your unconstitutional “red flag” law.

A lower court had dismissed the charge against Rahimi, based on the BRUEN test of general, historical legal tradition; the court found no early laws analogous to firearm possession bans via protective order. But — compromised? — Chief Justice Roberts, writing for the majority, claims to have found not one, but two such laws.

By the 1700s and early 1800s, though, two distinct legal regimes had developed that specifically addressed firearms violence: the surety laws and the “going armed” laws. Surety laws were a form of “preventive justice,” 4 W. Blackstone, Commentaries on the Laws of England 251 (10th ed. 1787), which authorized magistrates to require individuals suspected of future misbehavior to post a bond
[…]
Surety laws could be invoked to prevent all forms of violence, including spousal abuse, and also targeted the misuse of firearms.

Can you spot the subtle difference between a surety bond to prevent a person performing an actual violent act, and a protective order that bans possession of a tool regardless of whether it was used?

Dolly-influenced(?) Roberts couldn’t.

His other example law similarly misses the mark.

The “going armed” laws—a particular subset of the ancient common law prohibition on affrays, or fighting in public provided a mechanism for punishing those who had menaced others with firearms. Under these laws, individuals were prohibited from “riding or going armed, with dangerous or unusual weapons, [to] terrify[ ] the good people of the land.”

The “going armed” laws were specific to threatening and menacing actions using guns (and other weapons), not the simple possession of those implements.

Roberts missed it by this ……………….. […] ………………….. much. I’m not sure how he missed it, since I figured it out two years ago. Yes, I examined historical surety bonds and such in this very light. Maybe the Fifth Circuit read it, even if Roberts didn’t.

Thomas, dissenting, gets it right, as usual.

To trigger §922(g)(8)’s prohibition, a restraining must bear three characteristics. First, the order issues after a hearing where the accused “received actual notice” and had “an opportunity to participate.”

No ex parte proceedings allowed.

Just as important as §922(g)(8)’s express terms is what it leaves unsaid. Section 922(g)(8) does not require a finding that a person has ever committed a crime of domestic violence. It is not triggered by a criminal conviction or a person’s criminal history, unlike other §922(g) subsections.

And Thomas correctly notes that this is a deprivation of rights not triggered by a criminal conviction. Plus…

In addition, §922(g)(8) strips an individual of his ability to possess firearms and ammunition without any due process. Rather, the ban is an automatic, uncontestable consequence of certain orders.

The bans firearm possession, not just threatening or menacing actions. Sometimes it’s like Thomas reads my work as much as I read his. (That’s a joke; I’d be dumbfounded if Thomas knows who I am even if prompted with my name.)

And what does Clarence Thomas think of Roberts’ surety laws argument?

Section 922(g)(8) violates the Second Amendment. First, it targets conduct at the core of the Second Amendment— possessing firearms. Second, the Government failed to produce any evidence that §922(g)(8) is consistent with the Nation’s historical tradition of firearm regulation. To the contrary, the founding generation addressed the same societal problem as §922(g)(8) through the “materially different means” of surety laws.

Aha! the outright ban on mere constitutionally protected possession is not analogous, it is a “materially different means.”

Thomas notes that even the prosecution didn’t try to present surety and going armed laws as analagous to 8 U.S. Code § 922(g)(8).

Despite canvassing laws before, during, and after our Nation’s founding, the Government does not identify even a single regulation with an analogous burden and justification.

The Government couldn’t come up with even one, so Roberts invented one for them.

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authoritarian swine, Constitution, Courts, gun control, Law, Rights, SCOTUS

The Ninth Circuit Did WHAT?

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This is not the sort of headline I expect to see coming out of the Ninth Circuit Court of Appeals.

Ninth Circuit: Felon Has ‘Right to Possess Firearm for Self-Defense’
On Thursday a three-judge panel from the United States Court of Appeals for the Ninth Circuit decided that Steven Duarte, a felon, has a “right to possess a firearm for self-defense.”

That opening sentence explains much: a three judge (2 Dubya appointees, and a Trump appointee) panel, not en banc. I’ve no doubt that the state is preparing a motion for en banc review.

The decision, United States v. Duarte, is here. The majority based  this ruling on BRUEN, with a dash of HELLER: there is no national “historical tradition of” barring felons who have completed their sentences from possessing firearms. Some readers may recall that such a bar never existed until the Gun Control Act of 1968, less than 50 years ago.

Almost two years ago, I pointed out that, “Much of the GCA ’68 is on very thin ice.”

The dissent, by Dubya appointee Judge Milan Smith Jr., is interesting in a morbid way.

The Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), did not overrule Vongxay. Instead, Bruen reiterates that the Second Amendment right belongs only to law-abiding citizens.

That’s a two-fer. First, the referenced Vongxay is a 2010 Ninth Circuit opinion. Smith is asserting that d 2022 BRUEN, by the lowly Supreme Court of the United States — you know; that one above the Ninth — does not override the majestic Ninth’s precedent. His rationale is that BRUEN didn’t specifically mention and overturn Vongxay by name.

Mommy! Timmy won’t stop poking me!</i?

Stop poking your sister, Timmy.

Mommy, he’s poking me again!

Timmy! I told you stop that!

But that was when I poked her with my index finger. You didn’t say I couldn’t use my middle finger, Mama.

Second, BRUEN does not reiterate “that the Second Amendment right belongs only to law-abiding citizens.” On the contrary, in BRUEN Associate Justice Breyer, in his dissent admitted:

Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons.

BRUEN determined that law-abiding people do have Second Amendment protected rights, but it does not specifically exclude convicted felons who have completed their sentences, and presumptively reformed and now law-abiding people, whom it’s also presumptively safe to let walk our streets.

Rather like recognizing the right of a convicted felon, who has completed his sentence, to vote.

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authoritarian swine, Constitution, gun grabbers, Law, mindset, Politics, Rights, Sellouts and traitors, Terrorism

The Most Beautiful Lily

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You know, it’s been my observation that the ones that hate communism the most, are the ones that actually know what it is. Not the pig ignorant college students that are running around the streets acting like moneys flinging poop at the zoo. The Russians and Ukrainians I’ve met have a very strong conservative streak, all were supporters of President Trump, and most were strong Second Amendment supporters. Years ago there was a Demoncrat member of the House of Reps in my state, he spoke every year at the Second Amendment rally held in the spring. He had a very compelling presentation. He and his family had come here from Germany and shortly after arriving here had some untoward experiences. One of the first things he did as soon as he was legally able was to purchase a gun. He was a free citizen now you see, he was a free citizen and he was entitled to defend his life and that of his family. Of course that was years ago, when common sense, values, principles and decency were on both sides of the aisle. When Demoncrats waved American, not Ukrainian flags, when they were concerned about, not even more concerned, just concerned, about America’s borders more than another country’s. A country we’ve sent billions to that has shut down elections, shut down church services and seized land from religious organizations, all in the name of “democracy” which gives you and idea of their idea of “democracy”. Don’t exhale yet Republicans, I’m coming for you next.

Recently there have been quite the votes going on in the swamp. The uni-party is spending more to defend another country’s border and civilization than they are ours. They’ve sent more to help Ukrainian citizens and oligarchs than they have the victims of disasters in East Palestine, OH and Lahaina, HI., citizens under attack from an illegal invaders in every state of the union. Joe’s handlers have been shipping them in since he assumed control. Of course after the massive spending bills passed, the Demoncrats waved little Ukrainian flags. Well, they’re honest about that I guess. It’s who they represent. Sadly it’s Americans paying their salary. It’s not just what is coming across the border. Who other than demoncrat politicians benefits from this? Those paying more in taxes? Those losing their jobs to an illegal, those who had their retirement home taken over by illegals? Who? I can not believe the majority of Americans want this. Well, maybe the elites living in their bubble, but real Americans? No. Nor are they going to sign on to this and continue to vote for it. I’ve seen many videos of people in Chicago and NY expressing strong support for President Trump and the America First agenda, though the Mainstream media can’t and won’t believe it, it’s true. Many Americans are not as stupid as the press gambles they are as they continue to lie to them. And one would think the Demoncrat party would quickly begin to re-evaluate their policies, and yet, they aren’t. In fact, they’re doubling down, almost as though they don’t have to answer to voters. What kind of political system is that?

On of the recently passed pieces of tyranny allows spying on American citizens without a warrant. Something that has been violated by the FIB in ways that most wouldn’t believe. There are actually 3 different categories or titles in the FISA warrant program. Title 1 Title III and Title VII. Title VII is where the much abused section 702 comes in.

I found this little primer on FISA abuses very very helpful. Sadly it won’t let me embed the video. But it’s well worth watching. https://www.theepochtimes.com/epochtv/the-little-known-problems-with-fisa-revealed-truth-over-news-5632987?utm_source=ref_share&utm_campaign=copy

It explains the three categories and has testimony about how much and how many FIB people abuse it. It is absolutely a humongous problem.

A problem politicians that respect civil liberties and their constituents would put a stop to, at once. But Noooooooo.

Here Are the Senators Who Voted For and Against Reauthorizing Spy Powers

In a late-night ballot on April 20, the U.S. Senate voted to reauthorize a controversial spying authority. President Joe Biden signed it into law the following day.

The authority in question, Section 702 of the Foreign Intelligence Surveillance Act (FISA), has come under increased scrutiny in recent years by privacy and civil liberty advocates in the wake of a series of abuses.

After rejecting a series of amendments designed to strengthen civil liberty protections—including an amendment by Sen. Dick Durbin (D-Ill.) to require a warrant to search Americans’ Section 702 data and another by Sen. Rand Paul (R-Ky.) to prohibit federal law enforcement from purchasing Americans’ data from third-party brokers—the Senate reauthorized the program 45 minutes after it lapsed.

But the House?

GOP Rep. Andy Biggs: “Utter Capitulation on His Part” – House Speaker Mike Johnson Pulls Judiciary Committee’s FISA 702 Overhaul and Intel Committee’s 702 Reauthorization Bills, Will Not Consider Either Until After The New Year

House Speaker Mike Johnson has delayed a vote on two bills relating to FISA Section 702 extension and reform, making it likely that the unconstitutional Section 702 will be renewed without change until April 2024.

Johnson has reportedly refused to take a side on this issue and continues to change his stance. Johnson previously said he would bring both bills to the floor.

But he lied, he did take sides.

And in the House, BREAKING: RINOS WIN – AMERICANS LOSE: FISA 702 Again Passes House by Vote of 259-128 – Here are The 117 RINOs Who Voted for Warrantless Spying on Americans

The House of Representatives on Monday passed a Motion to Table the Motion to Reconsider H.B. 7888, which passed on Friday to renew FISA 702 and allow warrantless surveillance of innocent Americans.

This was a betrayal of Americans.

Shortly before the final passage of H.B. 7888 on Friday, the House rejected a commonsense amendment from Rep. Andy Biggs (R-AZ), which would have required a warrant to spy on Americans. However, 86 Republicans voted for authoritarianism, with Speaker Mike Johnson casting the decisive vote.

Johnson Defends Vote to Kill FISA Warrant Requirement

House Speaker Mike Johnson (R-La.) on April 14 defended his crucial vote against an amendment that would have required intelligence agencies to get a warrant to search Americans’ data under Section 702 of the Foreign Intelligence Surveillance Act (FISA).

….

That final passage came after an amendment by Rep. Andy Biggs (R-Ariz.) to require a warrant to query Americans’ communications and other data failed in a rare tie vote. Mr. Johnson, who, as speaker, doesn’t always vote, cast the decisive vote that killed the proposal, prompting outrage and condemnation from some conservatives.

….

During an April 14 appearance on Fox News’ “Sunday Morning Futures,” Mr. Johnson defended that vote, saying that a warrant requirement is “not helpful.”

He insisted that Section 702 is an important tool that has stopped other terrorist attacks like 9/11.

“Remember, that’s how we killed terrorists. That’s how we stopped terrorist plots on US soil,” Mr. Johnson said. “That’s why we haven’t had another 9/11 since that terrible tragedy.”

Does he not understand who, exactly the current junta considers “terrorists”?? Is he totally clueless about parents being dragged out of school board meetings? Is he as dumb as Kamala “Kneepads” Harris? Or is it something else?

NEVER FORGET: Chris Wray’s FBI Illegally Used FISA to Spy on Americans 278,000 Times without Warrant – Including Trump, J6 Families and Trump Donors

Former Trump official Kash Patel reminded Americans of the hundreds of thousands of times the DOJ-FBI used FISA to spy on Americans.

According to an official intelligence document the FBI illegally used FISA 278,000 times to spy on Americans including their political enemies like President Trump, Trump donors, and January 6 families.

This comes from the 2022 memorandum on FISA abuses.

On page 29 of the report: 23,132 separate queries on J6 protesters to find evidence of possible foreign influence despite having no indication of foreign influence related to the query terms used.

On page 31 of the report the analysts admitted to 278,000 non-compliant FBI queries of raw FISA-acquired information.

The FIB is far from the only government agency that isn’t following it’s own rules.

Arkansas senators say Clinton airport executive killed by ATF with no bodycam: ‘Violation of its own policy’

“The Department of Justice confirmed to us last night that the ATF agents involved in the execution of a search warrant of the home of Bryan Malinowski weren’t wearing body cameras,” Cotton and Boozman said in a joint statement. “We will continue to press the Department to explain how this violation of its own policy could’ve happened and to disclose the full circumstances of this tragedy.”

“Mr. Malinowski’s family and the public have a right to a full accounting of the facts,” the Republican lawmakers added.

So the alphabets have gone rogue, no one is holding them accountable and neither party is standing up for U.S. and our new “conservative” speaker of the house has already sold us out.

New Speaker same as the old speaker

So, what if it is something else? What kind of system are we living under where the fruit of our labor is taken from us and given to illegal invaders, to people who chose not to work and play the system, to foreign countries? What is that system called?

If you go back to the opening of this column, a cup or two of coffee ago, I was speaking about people that hate communism because they’ve lived under it, I’ll tie this up, or Hogg tie it, if you will.

Meet Lily Tang Williams, she spoke to David Hogg aka #MoneyHogg who is desperately trying to remain relevant.

Pesach starts tonight, when we celebrate the miracle of freedom, when G-d took us out of slavery into freedom and living with laws, morals and a relationship with him. Choose that, choose good, do good, pray often.

חג פסח שמח

Happy Pesach/Passover

Next year in Jerusalem!

And be a beautiful Lily.

Lily Tang Williams
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authoritarian swine, Constitution, gun control, Law, resistance, Rights

Engaged In The Business: The Shoe Drops

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The ATF’s rule redefining “engaged in the business,” and who must have a Federal Firearms License, has been released, but not yet formally published in the Federal Register. The Zelman Partisans has been warning you about this since 2022.

The rule document is 466 pages. Most of that is hundreds of pages of “responses” to public comment that amount to “We disagree,” and “tough shit.” The part where they claim that requiring everyone to have an FFL is BRUEN-compliant, because the feds briefly banned the export of cannons and gunpowder in 1794 is a classic.

Well, except for responses to the 250,000 identical form letter comments in favor of the rule. Those responses tend towards, “You’re absolutely right, and it’s a shame those stupid constitutionalists can’t see that.”

The actual final rule begins on page 452, and it’s even worse than the original proposed rule.

“Selling” a firearm includes swaps and barter, not just money.

A single transaction can make you a dealer, as I warned.

No firearm actually even needs to be sold. Whether the ATF thinks you intend to sell a firearm counts.

Buying a single firearm can make you a dealer, if the omniscient ATF magically foresees that you intend to resell it later.

It includes a presumption of guilt. If they accuse you, it’s up to you to prove — somehow — that, “No, I bought that for my own use; I’m not planning to sell it years down the road.” Good luck with that; if you win, you’ll still be bankrupted by legal expenses.

VP “Kneepads” Harris weighed in on the new rule. Sorta. With her usual display of her monumental intellect:

As the head of the first-ever White House Office of Gun Violence Prevention, I am proud to announce that all gun dealers must conduct background checks no matter where or how they sell.

This will save lives and keep our communities safe.

Poor confused moron. Dealers have been required to conduct background checks “no matter where or how they sell” for decades.

This rule simply forces universal preemptively-prove-your-innocence background checks by making everyone a dealer.

Almost universal, that is.

And while this unconstitutional action was directed by the Bipartisan Safer Communities Act, it would do nothing to make safer communities. Those dealing in black market and stolen firearms will simply ignore this rule; just as they have ignored the FFA for 85 years, and the Gun Control Act of 1968 for 55 years.

The only people who will be affected by this proposed rule are the honest folk, who would have to decide between following the criminals’ highly successful 85 year old example, or being compliant chumps.

Time to decide.

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Constitution, Culture, defense of others, gun control, Law, Politics, Rights, Violence-Enabling Victim Disarmers

Georgia Has A Great Bill In The House

I saw a video recently that just made me salivate. Nope, not a new recipe to try, but it is something sweet and yummy.

I myself try to avoid places that are posted No Concealed Weapons. Yes, I realize the point of carrying concealed is that people can’t tell, but I figure if you don’t want “my kind” there, well then I certainly won’t offend you with my money either. The other reason I try to avoid them is it seems to me that most of the mass attacks are in gun free zones. It seems those pesky criminals don’t obey the sign clearly posted against having a weapon in their “Gun Free Zone”.

or, if you prefer a musical version (what the heck, I’m in a whimsical mood)

I’ve never quite really understood why businesses are responsible for slips, trips and falls, too hot coffee or a burgler breaking in and being injured. Yes, businesses have been sued for all those things. I would stay those are things the business really couldn’t prevent in large. Yes, if the sidewalk or walkway in front of the store is icy and they stay open for business they should clear it. And probably most business owners would do that without being told as they know if a customer falls on their icy walkway they risk a lawsuit.

But when it comes to allowing concealed carry on premises they shrink back and clutch their pearls. I’ve asked a few business owners about that and they’ve said their insurance company insists on it, but they don’t agree with it. I had one jewelry store owner tell me he had no problem with me carrying in his store and he wished I would that way if something happened there would be two of us. I guess nobody wants to be hauled to the back of a store and shot huh?

So back to Georgia’s HB 1364, it doesn’t infringe on the property owners rights, all it says if you deprive someone of the right to defend themselves with the most effective tool, then you bear the responsibility for their safety as you’ve chosen to remove their right to defend themselves should something untoward happens. This would also include parking lots.

Here’s a snippet

(1) ‘Lawful weapons carrier’ shall have the same meaning as provided for in Code

Section 16-11-125.1.

‘Weapon’ shall have the same meaning as provided for in Code Section 16-11-125.1.

A person, business, or other entity that owns or legally controls a property and has the authority to prohibit weapons on such property, including, but not limited to, such authority provided by Code Section 16-11-127, assumes absolute custodial responsibility for the safety and defense of a lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property and any other property such lawful weapons carrier is required to traverse in order to store or retrieve such weapon.

The absolute custodial responsibility imposed upon the person, business, or other entity provided for in paragraph (1) of this subsection extends to the conduct of other invitees, trespassers, and employees of such person, business, or other entity.

Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.

Any lawful weapons carrier who is prohibited from carrying his or her weapon,including a concealed weapon, and who is injured, suffers bodily injury or death, or incurs economic loss or expense, property damage, or any other compensable loss as the result of conduct of another person occurring on property where the lawful possession of weapons is prohibited, shall have a cause of action against the person, business, or other entity that owns or legally controls such property and causes such prohibition to occur.

In addition to damages, the lawful weapons carrier shall be entitled to reasonable attorney’s fees, expert witness costs, and other costs necessary to bring the cause of action.

To prevail in an action brought under this subsection, the plaintiff shall show by a preponderance of the evidence that:

(A) The plaintiff was a lawful weapons carrier at the time of the incident giving rise to the action;

The plaintiff was prohibited from carrying a weapon, including a concealed weapon, on the property where the incident occurred by the person, business, or other entity that owns or legally controls such property; and

You may read the whole thing here

Every time I think about gun free zones, I think about Suzanna Gratia Hupp’s poignant testimony before congress.

This is a bill I’ve wanted to see in my state for a long time. If it’s the insurance companies pulling the strings, then shop owners really aren’t making their own choice anyway are they?

This one is on my wish list, along with a Firearms Freedom Act. There was a push for that back after Montana passed theirs.

This map is from 2019, so it is quite dated but that’s because I could only find this map web site in the web archive.

With what we’ve seen lately? I think it’s time to renew the push for this legislation.

Well, I figure everything started out on someone’s wish list, right? Ah I am in a whimsical mood indeed!!

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"News Media", Academics, authoritarian swine, Constitution, gun grabbers, hatred of Jews, Law, Media, Politics, Rights, Sellouts and traitors, Voting

“Christian Nationalists” vs “The Lamestream Media”

Imagine my shock to find out according to Heidi Przybyla on MSNBC, of course, the only people reading news and spewing opinions dumber and less informed than CNN, also #FakeNews, that I, and in fact many of you are “CHRISTIAN NATIONALIST!!” GASP! Heidi works for a bastion of truth known as “Politico”. And oh the shock, the horror, the NERVE!!! What has set little Heidi off? Is she off her meds? Someone said something she didn’t like? She saw a picture of someone she disapproves of? Closer to the first actually. I’m very sure Heidi went to college. Not to be confused with the institutions of higher learning in the past, no today’s “colleges” are institutions of higher indoctrination. And they turn out very ignorant people like Heidi.

Heidi’s shock and horror comes from a lack of understanding in an ancient, archaic document known to many of us as “The Declaration of Independence”. To make this even richer, Heidi is Politico’s “investigative correspondent”. I’m saying she’s overpaid.

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–

I’m pretty sure Haym Solomon would be as shocked as I and many others are to find out we are “Christian Nationalists”. Haym Solomon is in large part responsible for the decisive victory of the War for Independence. Haym was Jewish.

Heidi says that regular Christians aren’t those nasty “CHRISTIAN NATIONALISTS”, I’m guessing a few Christians are baffled and a few insulted that she thinks “regular Christians” don’t observe the Ten Commandments. It’s number two on the list, so it’s pretty high up there.

You shall have no other gods before Me. You shall not make for yourself a graven image, nor any manner of likeness of anything that is in heaven above, that is in the earth beneath, or that is in the water under the earth. You shall not bow down to them, nor serve them. For I the L‑rd your G‑d am a jealous G‑d, visiting the iniquity of the fathers upon the children of the third and fourth generation of them that hate Me; and showing mercy unto the thousandth generation of them that love Me and keep My commandments.

But this is just the latest in the media’s long train of lies. In fact, if you read this part

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Media,

and substitute the word “media” for government, you get at the real crux of it. How long do we continue to give the media a scrap of credibility?

The media lies, almost always. A nice summation from Tim Pool, with a video from Prager University.

https://www.prageru.com/video/lying-liars

More misguidance from the legacy media, but independent sources, like Tim Pool of Timcast that are becoming well known and are giving the other side of the story with suppressed information.

Voices like Tucker Carlson have an even bigger audience now that he is free from FOX and is far more open. The gloves and the filters are indeed off.

You’ll note most of these clips come from Rumble, as YouTube is part of the racist Google empire and they are big into the censorship game. Racist? You’ve heard about their Gemini chatbot, right?

The MSM, #FakeNews keeps telling everyone, keeps telling U.S. that Donald Trump is a fascist, and all his deplorable supporters are fascist and evil Christian Nationalist while they pump up Beijing Biden and the Biden crime family and the junta more than likely being run by Barry Sotero. So when they switch out Biden for Moochelle Obama later, it will really be Barry’s fourth term. But who is using lawfare to go after their leading political opponent? Who has political protesters being held in prison in conditions so bad some of the asked to be transferred to Gitmo? Who has the FIB going after parents at school board meetings and rounding up Grandmas who went to a protest? Not Donald Trump. But this isn’t about Trump, as Tim said. It’s about what the media peddles as purveyors of truth.

This is about a media that covered for child and puppy torturer and killer Anthony Fauxci, they hid the truth about an experimental injection that can and does change DNA. An injection that was always part of a DOD project, a DOD that has biolabs in Ukraine.

Why would anyone ever believe the media about a gun related story?

Who are the fascists?

This last one? This last one is a bonus, he’s from Scotland and there is so much truth I pray in this video. I pray it’s true. The voice of truth is like a balm of healing.

 

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Constitution, Courts, Law, SCOTUS

Post Office Gun Ban Struck Down

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Federal Judge Kathryn Kimball Mizelle, of the Middle District of Florida, ruled that the ban on firearm possession in post offices is unconstitutional, in US v. Ayala. She cites the BRUEN test of general, historical legal tradition.

Mizelle gave the government multiple chances to present some evidence of such historical tradition. The best they could do?

the United States fails to point to sufficient historical evidence supporting § 930(a)’s application here. (providing only two paragraphs listing potential historical analogues without any analysis of how they are relevantly similar).

Mizelle herself did much more. Using USPS documents, she demonstrated that there has been a longstanding tradition of mail robberies and assaults; in a postal system itself of longstanding — pre-Revolutionary War — tradition. Yet never, until 1964 were firearms banned from any federal facility. The first specific post office gun ban was 1972. 18 U.S. Code § 930, the law under which Defendant Ayala was charged, didn’t come about until just 1988.

Mizelle took the government on a tour through American history, giving specific examples of the post office allowing clerks to arm themselves, and (again citing a USPS reference) “the Postmaster General armed railway mail clerks with “government-issued pistols” from World War I.” (emphasis in the original)

This is a lady who clearly read and understood Associate Justice Clarence Thomas’ BRUEN decision. In fact, in a conversation I mentioned that this decision reads like she was a Thomas protégé. Which prompted me to look up Judge Mizelle

She clerked for Clarence Thomas. I think he can be proud.

By the way, for those interested, Mizelle was the same federal judge who struck down the fed ChinCOVID mask mandates.

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"News Media", authoritarian swine, Constitution, Courts, Law, Media, Political philosophy, Politics, Rights, Sellouts and traitors, spirit of rebellion, Voting

Dictatorship

Dictatorship, form of government in which one person or a small group possesses absolute power without effective constitutional limitations. The term dictatorship comes from the Latin title dictator, which in the Roman Republic designated a temporary magistrate who was granted extraordinary powers in order to deal with state crises. Modern dictators, however, resemble ancient tyrants rather than ancient dictators. Ancient philosophers’ descriptions of the tyrannies of Greece and Sicily go far toward characterizing modern dictatorships. Dictators usually resort to force or fraud to gain despotic political power, which they maintain through the use of intimidation, terror, and the suppression of basic civil liberties. They may also employ techniques of mass propaganda in order to sustain their public support.

I look at today’s political climate and I can’t escape the idea that this is where we are. Small group? Politicians and activist judges are trying to keep former President Trump off the ballot. Whether or not you love or hate him, people should have the chance to vote for the candidate they want to lead the country. That’s how it is suppose to work in a Constitutional Republic. Demoncratic policies are yielding the results one would expect from policies created and implemented by a bunch of college educated/indoctrinated marxists. Lower standards of living, shortages, poverty and crime are common in those sorts of 3rd world countries run by the left. The left is the left is the left, the world over. Now I think many people suspected on day one that Biden wasn’t really the President when he was signing all those executive orders and he said he didn’t even know what he was signing and an aide snapped at him “Just sign it”. Really? That’s how you talk to the President of the United States of America? No, this is Obama’s third term.

Extraordinary powers, like the power to force people into dangerous medical experiments. Like the power to shut down business. Except for the demoncratic politicians of course. Like the power to shut down free speech of those who tried to warn about the danger. Like the power to persecute those who question anything the government doesn’t want to answer for. Say, for example the validity of an election. Now demoncrats have been contesting elections for years. Stacy Abrams still claims she’s governor. A gaggle of them object every time a Republican wins the Presidency. Nothing ever happens to them, but they do deny the election.

Uses force or fraud to gain power? Goodness knows there was plenty of evidence that the elections of 2020 were not clean, and people attempted to make that knowledge known at the time it was happening the media #FakeNews either ignored it or lied about it. Then came the Georgia runoff election for two senators. As nothing had been done to fix the voting problem in Georgia, predictably the communists won. The group that documented multiple cases of voter fraud in the 2020 presidential election even made a documentary. True The Vote recently won their case in Georgia about the senatorial runoff race against Stacy Abrams, video about 8 minutes https://www.theepochtimes.com/epochtv/judge-issues-2020-election-challenge-ruling-facts-matter-5558563

Catherine Engelbrecht of True the Vote and Greg Phillips were the leads in the documentary 2000 Mules that did extensive documentation on the voter fraud of the 2020 election. It’s well worth watching, they explain their search techniques and have mountains of video proving their point. And they have been persecuted by the government for doing that. We’ll revisit this in a minutes.

But onto the propaganda aspect. The marxist talking heads called the “media” are having kittens by the batch about how if President Trump wins the election he will shoot demoncrats that don’t clap at his inaugural speech. Why democracy (rule of mob) won’t be safe! The only way to save democracy is by demoncrats destroying it. At least according to them. They can only save democracy by preventing a large swath of the public from voting for the candidate of their choice. They have equally pearl clutching guests on who solemnly intone that former President Trump can’t possibly hold office because of the 14th Amendment. An Amendment created to keep the members of the former confederacy from holding office after the civil war ended. But I don’t believe it was ever actually enforced. Since the mass formation psychosis operation known as “covid” the media has a successful playbook and they are sticking to it. But the establishment media has possibly overplayed their hand this time as they cover for the Obiden crime junta. People see that the costs of living are soaring, the Obiden junta is redistributing money from Americans to illegal invaders, crime is going up and the ever present attempts to disarm law-abiding Americans has not abated one whit. Many of “We the people” don’t like living under a marxist regime. Not one bit. But perhaps the lame-stream media is losing it’s credibility. People, I don’t think, believe them much anymore. Although msnbc’s loyal 7 listeners still tune in and hang on every word, and cnn’s 12 are still showing up to hear whoever hasn’t been arrested for some indecent act yet.

So what to do to win an election with an unpopular, corrupt, incompetent, demented candidate?

Going to the part of a dictatorship about terror, intimidation and removal of civil right, that brings us back to January 6th. A day the left loves, loves to talk about, loves to celebrate, a day made just for them. And it was.

Representative Clay Higgins, I just love this guy. Former military, former law-enforcement officer he has a no nonsense style and doesn’t let up. He’s sort of like a pitbull with glasses. Plus I like to listen to him talk.

I’ve mentioned before the documentary done by the Epoch Times that extensively covered the day with film obtained from people who were there as well as independent journalists. They interview people that were there and tell their stories, they have video of the murder of Ashli Babbitt and Roseann Boyland, killed in cold blood by Michael Boyd and Lila Harris. Things demented Joe Biden still lies about. I don’t know if it’s free to watch or not. After all this time it may be. https://www.theepochtimes.com/epochtv/the-real-story-of-jan-6-documentary-4596670

There is now a part 2, https://www.theepochtimes.com/epochtv/therealstoryofjan6part2-5548012

It’s pretty recently released so it may or not be free to watch.

The FIB is ramping up the terror and intimidation as they’ve said now they are going to go after people that weren’t even in the Capitol, but were just there. They’re being very public about it. They want the terror and intimidation, they want U.S. afraid to speak out, to donate to, work for or attend a rally. Their message is don’t even think about it.

Which brings me to this. Greg Phillips and Catherine Engelbrecht are not only fighters for truth, justice and the American way of life, they are also trying to help the January 6th political prisoners held by the Obiden crime junta. The January 6th political prisoners put together a video, it’s a time line of events that happened that day. Greg says it’s a little rough, but considering they made the video mostly by themselves, it’s amazing. It’s being hosted by open.ink set up by Greg. There is a huge collection of material there, not just this video and it’s well worth checking out. It’s a bit over 1 hour and is free to watch. From open.ink

J6: A True Timeline gives the audience a never-before-seen timestamped blueprint for the events of January 6, 2021, as they unfolded in real time. No other film to date fills the gaps or tells the story chronologically the way this film does. The film is also different from anything produced to date because a small group of protestors, some who are J6 defendants, have been the ones to collect hours of footage to help contextualize the events of the day. The film was funded and produced entirely through small donations and tens of thousands of volunteer man hours. The hope is that the film will provoke all Americans to be more curious about the true timeline of January 6.

I think we can see who is behaving like a dictator and who isn’t. Please pray for America, for many reasons and please pray for our January 6th political prisoners and their families.

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Bump-Fire, Constitution, gun control, Law, Sellouts and traitors

That’s One Of My Conditions…

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… to ever even consider re-joining the Vichy NRA.

JUST IN: Wayne LaPierre Resigns as NRA Leader Days Before Trial Brought By NY AG Letitia James
On Friday Wayne LaPierre announced he will be resigning as the National Rifle Association’s (NRA) leader just days before his civil trial brought by New York Attorney General Letitia James begins.

That’s one. Well, actually two, now, since getting rid of Chris Cox was another of my conditions.

Seriously. Fire Wayne LaPierre. Chris Cox, too.

Then repudiate ERPOs and bump-fire bans. Apologize for opposing constitutional carry, for helping draft “assault weapons” bans, and endorsing obviously anti-human/civil rights politicians. Hell, apologize for supporting NFA ’34, GCA ’68, FOPA ’86, et cetera (it’s a long list).

And I’ll at least think about maybe joining.

I don’t expect them to actually apologize for all that, but then I expected E-Veep-For-Life LaPierre to die in office.

And it’s a minor thing, pertinent only to me, but I’d like them to either give me the magazine back issues I missed when they kept canceling my membership in the ’90s and sending me membership renewal notices, or refund me for the years of a five-year membership they disappeared. That and the city “assault weapon” ban that the NRA wrote were the final straws. It’s sort of a toss-up whether I quit or they canceled me again.

Well, his resignation is effective January 31. I guess we should watch to see how much more damage he can do on the way out.

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authoritarian swine, Constitution, Courts, Law, Rights, SCOTUS, Terrorism

Precedent Can Be Dangerous

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Or even really dangerous, in the wrong hands.

For years, I’ve warned about the dangers of precedents; in laws, bureaucratic regulation, and judicial. My personal ball got rolling back inthe 1990s with the passage of the Communications Assistance for Law Enforcement Act. CALEA was passed to “help” LE catch criminals, by making it easier to tap phone calls.

The Communications Assistance for law Enforcement Act (CALEA) is a statute enacted by Congress in 1994 to require that telecommunications carriers and manufacturers of telecommunications equipment design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities to comply with legal requests for information. CALEA is intended to preserve the ability of law enforcement agencies to conduct electronic surveillance while protecting the privacy of information outside the scope of the investigation.

Sure. But it morphed into requiring the capability to monitor 10% of switch traffic at the same time; ten percent of all phones in the country. And remotely, so LE doesn’t even have to come to the switch office and physically tap a single line. It was expanded to include Internet traffic.

Then the PATRIOT Act to help catch terrorists.

What could possibly go wrong? Who could have foreseen that someone later would use those tools to monitor thousands of innocent Americans, or even spy on the opposition’s election campaign?

Well… “Who,” other than myself and thousands of other privacy advocates.

The Colorado Supreme Court just gave us a real doozy of a precedent: it just declared Donald Trump to be an “insurrectionist” ineligible to appear on the state primary ballot.

Love Trump or hate him (and I’m no great fan), the “reasoning” and “process” behind this decision is frightening; enough so that I’ll never travel to or through Colorado again.

The CO supreme court majority (there are three dissenters with some self-awareness) simply declared Trump to be guilty of insurrection. They deliberately and specifically denied the need for an actual charge of 18 U.S.C. § 2383 insurrection, a trial, evidence, or conviction. They specifically denied any requirement for Fifth Amendment due process. The accusation — in a civil case that Trump was not a party to — is all it takes for a life sentence of ineligibility to hold office or appear on a ballot.

Because Amendment 14, Section 3 is magically “self-executing.”

There is no Fifth Amendment in Colorado.

If this were to go to the US Supreme Court (and Trump says he’ll appeal), we might well learn there is no Fifth Amendment in the country.

But let’s look at the flip side of this insane precedent, under the almost-worst case scenario*:

Imagine down the road we end up with a hard-core right-wing administration; a Republican president perhaps, with as little respect for the whole Constitution as many current Republicans (don’t forget who saddled us with CALEA, PATRIOT, and bump-stock bans in the first place). Let’s say President Smith ran on a platform plank of doing something about the ATF, winning hearts and minds of American gun owners.

On the one hand, we have an agency whose specific job is to infringe on Second Amendment rights.

On the other hand, we have a precedent that says Constitutional amendments are automatically “self-executing,” and punishments for violation of the 2A don’t require indictment, trial, evidence, facing accusers, or defense. And one day, President Smith Tyrant simply send US Marshals to every ATF office in the country to round up every agent and employee, and drag their sorry asses off to the gulags, never to be heard from again.

Or… Federal Election Commission, meet the self-executing First Amendment.

You can probably think of one or two others that could use a dose of Constitutional self-execution.

So to speak.

* The worst case scenario would be SCOTUS making this a national precedent with the current administration, which proceed to rape the country faster and harder than it already is.

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