↓ Archives ↓

Posts Tagged → due process

“Red Flag” ERPOs are violent, dangerous, un-American

In the 2002 movie “Minority Report,” police identify and swiftly SWAT-team-style arrest potential criminals before they have committed a crime, even if they are not in the act of committing the crime. That lack of due process, the discarding of the American core value of the presumption of innocence, and the mis-use of quacky, uncertain technology to concretely deprive citizens of their liberties for crimes they did not yet commit, and possibly only imagined, is at the movie’s heart.

Like the 1949 book 1984, in Minority Report an an all-seeing, all-controlling government squashes individuality, individual rights, and free thought by criminalizing “thought crimes,” even thoughts that have not actually been implemented in the physical world. The gist of both the 1949 book and the 2002 movie being that coercive government power can be easily mis-used and that it is at the core of illegitimate governance that justifies civilian resistance and disobedience.

So, welcome to Minority Report and 1984 in your life, right now, in the form of “Red Flag,” “Extreme Risk Prevention Order” and the politically named “Gun Violence Restraining Order” (there is no such thing as ‘gun violence’). These risky programs are being slowly enacted and implemented in states across America in the name of safety.

Theoretically, both ERPOs and GRVOs are designed to get out ahead of a gun owner and send in the SWAT team before that gun owner possibly commits a crime with a gun. Like the ill-fated “No Fly List” bar to gun ownership, both ERPOs and GRVOs are designed to empower police to quickly bypass the natural due process safeguards our federal Constitution explicitly grants to each citizen, behind a screen of secrecy and unaccountable government employees, in the name of immediate if poorly defined security.

The problem with these programs is that they are failing everywhere for reasons that anyone with a shred of common sense had been and would normally employ when assessing the possible risk-benefit value of laws encouraging police to go all cowboy on people who have not actually committed a violent crime. In every place where ERPOs and GRVOs have been implemented, police have aggressively gunned down in cold blood totally innocent citizens, often in their own homes, and always in circumstances where the citizen was either not armed or was only armed because the police had acted like violent, illegal home invaders that an armed citizen would normally resist.

Their results have been exactly the opposite of stopping violence, as ERPOs and GRVOs actually encourage violence; but it’s by the government against the citizen, which ERPO proponents want.

These programs are the anti-gun activist’s dream come true, as the true purpose of ERPOs and GVROs is to generally stigmatize all gun ownership and all individual gun owners by creating an automatic suspect class. Almost all of these programs enable pretty much anyone to call the police and “SWAT” some gun owner the person doesn’t like, doesn’t agree with politically, has a property line dispute with, wants to make an example of etc. “SWATTING” is where someone calls in a bogus threat to a local police department, identifying someone who is actually innocent and unsuspecting that in mere minutes his door is about to come crashing in with a heavily armed SWAT team who thinks he is holding a hostage with a gun to the head.

  • ERPOs and GRVOs are the legalization and encouraging of SWATTING.
  • ERPOs and GRVOs are dangerous; they promote violence, especially against innocent people.
  • ERPOs and purposefully anti-gun-named GVROs are a direct threat to all American citizens, because due process is thrown out the door from the very beginning.
  • These are back door channels to criminalizing gun ownership, mass intimidation and big government control over peaceful, law abiding gun owners.
  • They are purposefully vague, potentially random, and are more than anything a NAZI Gestapo tactic to bully law abiding gun owners into relinquishing their guns out of fear of being dimed out for some imagined, fake crime.

Why are ERPOs and GRVOs happening? They are becoming popular because due process has gone out the window since Obama was elected in 2008. Obama ran an increasingly abusive government without a shred of respect for the rule of law or due process, and his big government admirers everywhere followed in his step. The result has been that any part of any government anywhere, at any level, that is controlled by Democrats has 360 degree unfettered reach and scope. And on the flip side, any part of government run by Republicans is automatically suspect and subject to endless questioning and investigation and blocking by over-reaching federal judges and bureaucrats.

It is how the Mueller investigation has worked, with its vague accusations of “obstruction” against people who had not and could not have committed any crime in the first place. Without a crime, there can be no obstruction. Roger Stone has been bankrupted for the ‘crime’ of being a political supporter of a president Mueller hates.

This is how the communists took control of Hungary and probably other European nations. They used unproven accusations, which became procedural abuses, to ensnare political opponents, who were then railroaded in the criminal justice system. Just as Mueller has done to his victims.

Democrats today are employing the same exact tactics as the European communists to gain political power the voters would never grant them at the ballot box. These tactics should be illegal and punishable by existing law, but the opposition party, the GOP, is spineless and weak, filled with self-dealing careerists. The culture change following in the wake of Obama’s anti-individual rights big government power grab has shifted in favor of anti-freedom control freaks. They like ERPOs and GVROs, because they suit their tactics, and the Republicans either enable them, empower them, or sit out the fight because there is no money to be made in it.

Do not allow ERPOs, GRVOs, or their derivations into your community or state, because these are undemocratic breaches of the public trust in a government that is supposed to serve its free people.

As a post script, the other big problem is what happens with someone’s legally owned guns when they are confiscated by police. Quite often they are stored under terrible conditions that either badly damage or destroy the firearms. And often the police refuse to honor the law and return the firearms to the citizen after he has been cleared. Moreover, the police often steal or sell confiscated guns, and there is little or no recourse for the citizen to be justly compensated for what has been essentially an unconstitutional taking of private property by government.

America should be going in the direction opposite of ERPOs, GRVOs, and their secret courts where accused people have no right to defend themselves and are presumed guilty. Our founding principles of limited government power, government transparency, and government accountability demand it.

Galileo before the Inquisition’s Secret Court. Is American due process really going backwards to the Dark Ages? 

Our modern Salem Witch Trials in 2018

Back in the 1690s, Salem, Massachusetts, was the home of notorious intrigue involving witchcraft (following a similar hunt for “witches” throughout Europe). In the end, twenty innocent people from Maine to Massachusetts were executed, and as a result a great deal of changes were made in judicial procedure.

Much has been written about the Salem Witch Trials, so its history will not be repeated here. But the way it happened is instructive, because we like to think that today, in our modern age and nation, nothing like it could happen. And yet, the same thing is happening now, only under political guises.

The essence of the Salem witch trials is that a person would become suspect as a “witch” simply upon someone’s baseless accusation, with some finger pointing and rumor mongering. The accusation could have its genesis in not liking someone’s personality, a personal feud, not agreeing with them on some minor point or other, or on financial matters. Then a howling mob would be ginned up, assemble, and demand that the “witch” be killed.

At best a show trial would be arranged, in which the “witch” would have an opportunity to defend herself (occasionally himself) against baseless accusations, including the testimony of ghosts. There was no real evidence, just accusations and whipped up emotional fervor. Most accused witches died, with the survivors being those who admitted to their guilt and begged forgiveness.

Here at the end of the most modern age of 2018, which is some 330 years after all the witch hysteria business in Salem, one would like to think we are in an advanced mental, scientific, and legal state, not prone to supporting howling mobs seeking immediate retribution for some wild accusation without any evidence. And yet, you would be wrong about that. It seems that we are just about where Germany was in the late 1920s: A nation too big, too successful, too advanced to fail. And yet, Germany did fail, spectacularly, and with enormous costs.

Looking back over 2018, we have seen the same kind of behavior that caused and surrounded the Salem witch trials: In a sea of literal hysteria and insane cries, wails, and screeches of people clawing at the doors of the Supreme Court and the US Senate, Justice Kavanaugh was falsely accused of things he obviously never did (two of his accusers have since recanted); President Trump is blamed for every little thing that could possibly be construed to be wrong; people who disagree with political extremists are called “climate deniers” amid calls for their execution or incarceration by professors and professionals. Even the Koch brothers, with whom I share only some views, are demonized by the Left the way Germany’s Jews were demonized by the Nazis.

All of this political persecution relies on the presumption of guilt rather than of innocence, and the use of simple accusations and whipped up hysteria. Nothing good can come of it, and yet America has one political party dedicated to this approach of resolving political differences.

Apparently, at least half of America is made up of “witches.”

Bullies with Salami Slicers

Matyas Rakosi was “Stalin’s man in Hungary” in the 1930s-1950s.

Although his Hungarian Communist Party and its allied Socialists earned positions in only about 20% of the Hungarian government in the 1930s through election results, despite making their case to the Hungarian people in election after election, the Communists slowly bullied their way into controlling more positions of societal control, like the Hungarian police and the courts.

And yes, they literally bullied their way into these powerful positions by publicly whining, and complaining, and feigning hurt when rejected, with real displays of petulance and foot-stomping, and crying how unfair it was that they could not fully participate in public life, even though their views were repudiated over and over at the ballot box.

They falsely appealed to good people’s sense of fairness, and lied about their true intentions. Slowly they gained traction.

Technically their police and judicial roles were just twenty percent of the government functions, but in reality, they were critical choke and control points, where legal matters met criminal punishment matters, and where people’s careers and lives could summarily end.

Mind you, the people in these police and judicial roles were Communists and Socialists. Thus, due process, human rights, fairness, facts, the rule of law, etc. did not matter to them. What did matter to them was control, absolute iron-fisted control of everything, and especially of the government, but also the things that make a government run well, like citizens’ free speech rights, the right to peaceably assemble, etc.

From those police and judicial roles, the Hungarian Communists and Socialists picked off their political opponents, one by one. By creating fake accusations based on mere hearsay and insinuations, they frog-marched innocent people into court rooms where honest and fair justice was the very last thing anyone could expect to encounter.

[we are seeing the same process play out in Washington, DC, where the security apparatus has been captured, politicized, and used to destroy political opposition]

In those courts, where the falsely accused defendants were frequently unable to defend themselves, and where clearly manufactured “evidence” was presented against them, the Communist judges handed down arbitrary and cruel sentences. Usually it was death by strangulation, but sometimes by firing squad. One way or another, people who had been Hungarian nationalists, patriots, leaders, good men and women all, were criminally ensnared by their political opponents.

One by one by one, political opponents of the Communists were literally eliminated, and the remaining fence-sitters were bullied into silence and acquiescence.

Person by person, office by office, Hungary’s Communists gained control of new parts of Hungary’s government, and one by one they bent those new offices into reaching their goal of complete political and social domination.

Eventually, Hungary went from one of Europe’s oldest, greatest, most creative, most successful nations, to one of darkness, where freedom and liberty were unimaginable. And where the cruelest physical tortures and public humiliations were not only imaginable, they were happening nearly daily across the nation.

What better way to bully a populace than to make public examples of people?

[here in central Pennsylvania we had one notable attempt at public shaming and modern public execution some years ago when the thugs at PennFuture tried to get a local meteorologist fired from his TV weather news job because he refused to publicly bow before their claim of man-made global warming…same old same old!]

From Soviet Russia, uber tyrant Josef Stalin smiled, as his minions in Hungary slowly dismantled a free nation and put it under the control of Soviet Communism. Stalin’s chief architect and implementer of Communism in Hungary was Matyas Rakosi.

Rakosi joked about slowly but surely eliminating his political opponents by “slicing them like salami,” one at a time, until the entire group opposing him was gone.

Exactly this is now happening in America. Right now. Under our feet and in front of our noses.

We don’t call it Communism here, but the Political Correctness now slowly taking over our nation is just as cruel, fascist, and intolerant as any Communist regime in Europe ever was. PC’s minions here in America are just as devoted to getting full control of everything as their European counterparts were just two generations ago.

It is worse in Europe now, where fascism is roaring back to life, reincarnated as PC. Two days ago a British court held a man guilty (of something vague and subjective) and DESTINED FOR JAIL for the awful crime of teaching his cute little dog to do the Hitler salute on YouTube. No lie. Meanwhile, England is disintegrating under the weight of petty crime, which cannot be punished, because the perpetrators are overwhelmingly “protected populations.”

America’s best institutions have been completely captured by PC: The media, the educational system from top to bottom, government, the military, communal institutions, even places like Chautauqua Institution. All turned into weapons, implementing PC and control, and the elimination of political opposition.

Nearly all of these places have routine public humiliations, shaming, and summary “executions” of political misfits. Chautauqua Institution fired one of its best vice presidents because she was too supportive of Israel’s right to exist. Universities routinely fire professors who exhibit any free thought beyond the arbitrary bounds set by PC.

This weekend we will see another Communist public bullying event in Washington, DC.

It is a fake march about nothing, though on the outside this march is against private gun ownership and the NRA. The march is not about the actual facts, actions, processes and programs (like “PROMISE”) that resulted in Nikolas Cruz shooting his fellow Parkland students.

Rather, the march is aimed at falsely accusing and publicly shaming America’s legal gun owners and their chosen private organization, the NRA, of having been complicit in Cruz’s massacre.

When in fact, it is the gun control groups and their political enablers who are the most responsible for that massacre.

We are seeing Rakosi’s old “salami tactics” right here in front of us, playing out again. Trial-by-media, false accusations, public shaming, bullied citizens slowly giving up more and more of their control of their government to tyrants, who really just “mean well.”

We have one political party aggressively acting as the official vehicle for PC, and the other political party pretending to put up a fight, while focused on its pensions, power, secret pay-offs, and crony capitalism.

The question is, will we be complacent and compliant, like the Hungarians, and watch our freedoms be slowly pried away from us by career politicians and unaccountable bureaucrats, under false pretenses?

Or will we fight back?

One way you can fight back is to not stand on the sideline while the salami slices are being made. When you see your neighbor, friend, colleague or fellow activist get picked up and picked off and spirited away for the kangaroo court event, you can and should intervene.

409

Legendary Penn State football coach Joe Paterno won 409 genuine college games.  No one can take that away from him, the players, the team staff, or the proud PSU alumni, like me.

Child molester Jerry Sandusky is a scumbag, but the football program had zero to do with his crimes.  But it was the football program the NCAA punished, disproportionately to any other football program in American history.  Using Sandusky’s association (not employment) with the PSU football program, and Louis Freeh’s horrendously unprofessional report (analyzed in detail on this site) to support its blitzkrieg assault on Penn State, the NCAA coerced PSU trustees and incompetent, spineless top PSU staff to sign the consent decree that unfairly punished the football program.

Enter the courts, where facts actually can matter.  And thus we have courts that are correctly beginning to cast doubts on the entire NCAA punishment of PSU football.  This week a court held that further inquiry is necessary to determine if the NCAA not only operated consistent with its own charter, but also consistent with the facts of the Sandusky case vis-a-vis PSU football.

Daylight is seeping in, and I do not believe that the NCAA will survive the exposure, or the application of basic logic and rules of fairness.

Joe Paterno, my hero, had 409 Wins to his credit.  Those wins remain, no matter what, but hopefully they will soon be reinstated after basic due process for ALL of the victims of Sandusky’s crimes.

Harrisburg’s descent marked by stupid stuff

Harrisburg City now charges cars at over-time meters $30.00, and $50.00 if you don’t respond within four days.

It’s an egregious amount of money to pay for a stupid meter violation.

Four days is hardly enough time in this day and age to do anything. If you’ve got a job, kids, and volunteer work, the ticket either lays on your car seat for two days or sits on your kitchen desk for a week before you get to it. That’s normal. Now, Harrisburg City is engaging in predatory behavior.

Remind me to avoid meetings downtown, and to invite people to meetings away from the city, where parking is not a predatory scheme to rip off citizens so rip-off artists can stay out of jail.

That’s what this is about: Making money to cover costs that were incurred through the incinerator scandal.

Good luck with rebuilding our beloved city by chasing away the people you need.

US Senate Filibuster Yields Unsurprising Results

US Senator Rand Paul filibustered for 13 hours until he received a written response from the White House to his request for an explanation about the Obama administration’s policy on drone strikes against American citizens on American soil.

US Attorney General Eric Holder had publicly said yes, such drone strikes would be legal, prompting an outpouring of amazement from the political left and right. Due process is, after all, a core part of an American citizen’s God-given rights. Due process would normally require a citizen to be tried by a jury and found guilty before the government could exact the death penalty against him\her, and weaponized drone bombings are not a usual method of execution, yet.

So finally the White House contradicted Eric Holder, and decided drone strikes against Americans on American soil are not allowable. The amount of time that lapsed makes you wonder what’s on their minds over there, though, because they clearly had to think it through. What seems so obvious to most Americans was not so obvious to the Obama folks.

And that’s the real story right there: What is quintessentially American is utterly alien to the Obama administration and their supporters.