Posts Tagged → legal
Eye for eye, order for order
Unelected over-reaching judges driven by blatant partisan political activism are trying to thwart the will of The People by issuing decisions (“orders”) on Trump Administration activities that are far outside their courts’ constitutionally defined jurisdictions. Something like nearly 100% of these decisions in the past twenty years have been issued against President Trump alone, which shows that Democrat Party judicial tyranny is the same as Democrat Party executive branch tyranny. These people will burn down America’s constitutional norms simply to hold on to power.
Executive branch decisions that are solely the jurisdiction of the executive branch are not up for question or “orders” by the judicial branch. But this elementary separation of powers fact is not stopping these political activists in black robes, and something needs to be done to stop their power grab, to restore balance to the galaxy.
That some people, especially John Roberts, the Chief Justice of the US Supreme Court, want these outlandish decisions to be adjudicated through the lengthy, time-consumptive appellate process means just one thing: They want to stop President Trump’s agenda from being implemented by any means necessary. No matter how illegal or unconstitutional, they want the judiciary to be the sole arbiter of the judiciary’s own unconstitutional over-reach.
In other words, “We have investigated ourselves and found no wrongdoing.” The judiciary is so far mostly siding with itself in hogging more power than the Constitution grants to judges, and is unlikely to stop itself from hogging even more power.
This is not an acceptable way to run the American republic, and some thing or many things must be done to fend it off. Some are talking about impeaching the most rogue, most lawless, most openly partisan of these judges, such as James Boasberg and Beryl Howell. OK, one survey I saw showed a 2:1 margin in favor of impeaching them, so get on with it, US House Speaker Mike Johnson. Impeachment will probably send a good signal, even if conviction and removal in the US Senate is not guaranteed. Impeachment hearings will tie up a judge’s work load and cause it to be re-distributed to other active judges.
Another way to end this radical judiciary’s assault on democracy is to take away their funding, and to then re-organize the courts, and then even more clearly defining their jurisdictions in the reorganization process. All of this is the sole purview of Congress, and while the Republicans have the majority, so should they act. So get on it with it, US House Speaker Mike Johnson, and do your duty.
Another way to respond to these lawless activist judges is to simply ignore their decisions. Issue blunt and stinging rebukes to their overeach, and carry on with executive branch activities as if they had never been involved. This will cause the Democrat Party’s mainstream media outlets to scream that there is a “constitutional crisis,” but again, I think there is sufficient new media firepower to over-ride that dead horse with the response that whatever “crisis” exists is solely due to the judicial branch’s inability to stay in its own constitutional lane.
However, there is a potential hybrid response the Trump Administration can make, that I am advocating here. While I have not seen anyone else write about it, I am certain plenty of politically active people have been thinking it: For every dingbat leftwing anti-America judicial “order”, such as Boasberg demanding that hardened illegal alien criminals – murderers, rapists – be returned to America from where they were legally deported to, the executive branch must issue a commensurate order in response.
For example, President Trump can issue an executive order requiring Judge Boasberg to personally retrieve all the illegal aliens he wants returned to America. With no promise that said wildman judge will be allowed back into America.
Or President Trump can issue an executive order that countermands exactly the precise wording of whatever unconstitutional order Judge Beryl “Howlin Wolf” Howell has issued.
Thus, this whole “crisis” becomes a battle of equal orders, from the rogue judiciary against the executive branch, and from the executive branch back against the power-hogging judiciary. This “eye for an eye” order-for-order response will flesh out the visible constitutional symmetry that President Trump’s administration needs the public to see. No longer will this situation be cast as “The courts have spoken…,” which always goes against the Republican president, but rather, it will be two co-equal branches of government issuing co-equal orders against one another, each order cancelling out the other.
An eye for an eye, an order for an order. And if the judiciary refuses to follow the executive orders, then so shall the executive branch be free to ignore the wild judicial orders, as well. True constitutional parity restored.
Had my day in court
Literally had my day in court yesterday, in the Dauphin County courthouse in Downtown Harrisburg. After nearly ten years of taxpayer-funded expensive stonewalling and dodging and delaying, Harrisburg City’s expensive taxpayer-funded attorneys (Lavery) were forced to actually litigate.
Harrisburg City was forced to actually argue for and explain why it has maintained three patently illegal ordinances on the books for years. At issue are city ordinances that criminalize carrying guns in a public park, discharging a firearm within the city limits, and failing to report a lost or stolen gun.
Each of these ordinances is subject to state pre-emption, because Pennsylvania state law clearly prohibits any political subdivision, like Harrisburg City, from creating its own gun regulations. This is in order to avoid a crazy-quilt pattern of gun laws within a state, where just crossing from one municipality to another, one township to the township next door, with a firearm, could result in an unintentional felony and violent arrest and incarceration. No society can operate like that, whether it’s gun regulations, abortion regulations, car regulations etc.
So, somehow the elected officials of Harrisburg City believed they were above the law, and they passed these illegal city ordinances. A group I belong to FOAC-ILLEA and Firearms Owners Against Crime, filed suit against the city many years ago, to compel the city to remove these illegal ordinances. After all, what is the purpose of having illegal laws on the books? What is the purpose of having illegal laws on the books, and actually spending hundreds of thousands of Harrisburg taxpayer dollars fighting to keep said illegal laws in place?
I will tell you why these ordinances are on the books: Harrisburg City wants to have the threat of these ordinances to use against people the city doesn’t like. People with different political beliefs, maybe the wrong skin color, maybe the wrong religion, you name it, these illegal ordinances can and will be used by city leaders for purely political and punitive purposes.
Even if the city charges someone with these ordinances and eventually loses in court, the city will still have won. Because the criminal process is the punishment. Simply dragging someone through the expensive, scary legal process from being arrested and handcuffed, having their person and home ransacked by police, being jailed, having to get a lawyer, maybe losing your job, is pretty bad punishment. So even if the city eventually loses a criminal prosecution with any of these ordinances, they will have really hurt someone.
And that is the purpose of ALL liberals everywhere, to scare and control and punitively hurt and damage people who disagree with them. Especially gun owning individuals who represent an armed citizenry capable of pushing back against tyrannical government. Like all liberal-run Democrat Party bastions everywhere across America, Harrisburg City desires to control its citizens, not represent them.
And so yesterday we finally got to sit in Judge Andrew Dowling’s court room and have a real, genuine legal offense-defense. It was something out of a Hollywood movie, with real court room drama, an occasionally piqued or openly amused judge, a sharp litigator (Joshua Prince) and a defense attorney who – no lie, no embellishment here – actually bellowed “I am being bushwhacked! This is an ambush!” after the judge reminded him that he was the attorney who said let’s move this trial to this date today.
Being the plaintiff of record from Harrisburg City itself, I had my opportunity to testify from the witness stand. I was cross examined at length, sometimes with real humor, by the defense counsel. I really don’t believe myself to be a “lawbreaker” when I am defying a patently illegal law, and it was nice to see the attorney have to concede that. I also enjoyed recounting how, during the catastrophic flood of 2011, I walked up and down my block and adjoining blocks with a shotgun and a handgun, to deter looters. That raised eyebrows, and led to an interesting line of questioning from the defense counsel and thumbs-up from my fellow plaintiffs.
Other plaintiffs, Howard Bullock, who lives outside Harrisburg City but who works within it, and Jim Stoker, president of FOAC, also took the witness stand, and were also cross-examined. All three of us did well representing our case. And the bushwhacked lawyer who raised ridiculous objection after ridiculous objection, including once to his own statements (the judge kindly reminded him that he was now arguing against himself), was clearly deflated after Judge Dowling said he would issue a decision on this trial.
Nearly ten years of Harrisburg taxpayer gravy train defending the indefensible are about to end for Lavery Law! And for me, the rule of law is being established, our flag of freedom being firmly planted in a small county court room far from the public eye. Not one news reporter was present, not one City employee, nobody but us freedom fighters, the judge and his staff, and the hapless bushwhacked lawyer.
Once again the forgotten taxpayer is out of sight, out of mind, though a holding of any sort in this case will then raise questions about why Harrisburg City spends hundreds of thousands of rare taxpayer dollars so frivolously and carelessly.
It was a great day for the law and a great day to be in court forcing the law to be upheld by striking illegal laws from the books. Thanks to attorney Joshua Prince for representing the rule of law, and to Judge Dowling for running his court room fairly and often with real humor and sharp observations.
(L to R) Plaintiff Howard Bullock, attorney Joshua Prince, attorney Kevin Fenchak, attorney Dillon Harris, plaintiff Yours Truly Josh First, and plaintiff Jim Stoker of FOAC fame in the Dauphin County courthouse yesterday.
Nonstop martyring of Trump makes Americans vote for him
The nonstop legal bullying and lawless martyring of President Trump is not hurting him, it is making him stronger and more popular. Because Americans are fair-minded and don’t like a bully, and they recognize sadistic cruelty when it is put on parade over and over as the illegal election interference it is intended to be.
The people (our own lawless DOJ, the lawless Manhattan District Attorney Alvin Bragg, the lawless Fulton County DA Fani Willis) who are constantly attacking President Trump with fake accusations don’t care how they are perceived, and all they care about is how they want their victim to be perceived. The beauty of this rigged approach is that it is failing. The polls show that the American People are seeing right through it, and they are rejecting it. The more Trump is bullied and mistreated and victimized, the more the American People are rallying to him.
One of the mysterious mindsets in the Torture Trump group is that the government only belongs to them, and no one else can make any changes to it. They have forced the situation so badly and so badly misused the federal government apparatus that they have left the next president no choice but to burn the entire thing down in order to save America from this Frankenstein monster.
The delicious irony of all this faked legal drama is that it is backfiring, and President Trump will have the personal sympathy of the American People and a full throated mandate when in February 2025 he drives a huge wooden stake through the heart of the lawless vampire bureaucracy that is sucking the life blood of our democracy, freedom, and even basic economic well being out of the American body politic.
If Ketanji don’t know what she is, then she don’t know law
Ketanji Brown Jackson, apparently an adult American now sitting in judgment of other Americans while applying the laws and the constitution of our nation to their cases, said in her hearing to become the next appointed US Supreme Court justice, that she can’t define what “a woman” is.
If an adult American cannot identify and describe what a woman is, then either that person is mentally deficient, or they are suffering from moral and cognitive relativism. Or both. And either one of these disqualifies that person from being a judge or justice, or any other sort of professional, either.
Moral relativism became a thing in the 1960s, and it is now the driving force behind critical race theory in particular, and Marxist critical theory in general. These bizarro Planet X theories (not of or for use on this earth) hold that nothing is really definitive, or true, because anyone can believe whatever they want to believe. “What is true for you is true for you, but is not for me,” is one of the famous lines the confused believers in this Marxist religion repeat mantra-like.
And thus is the rule of law, the rule of reason, logic, and physical evidence thrown completely out the window. And so we are faced with a Supreme Court nominee who holds by this Marxist critical race notion, that even the most obvious things are not really knowable. Like how to define a woman.
Setting aside Ketanji’s own statements opposing the US Constitution, and her grotesquely deliberately generous support for child molesters and sexual predators, any one of which by themselves disqualify her from officially sitting in judgment of anyone anywhere (how incredibly weak is our own checks and balances system that she has not yet been impeached and removed from the bench for her incompetence), if she cannot make hay of basic biology, then she cannot discern basic facts and basic tenets of American law.
Ketanji is not in any way qualified to be a judge or a justice.
In truth, Ketanji is not really to be taken seriously as a Supreme Court nominee, because she is not only proudly and defiantly dumb as a box of rocks and as sharp as a bag of wet mice, she is a deliberately antagonistic political-cultural bomb thrown into the American body politic. Her nomination is meant to be a slap across the face of American jurisprudence and a deliberate kick at the legs holding up the rule of law that we all take for granted. She would rule on monumental legal questions affecting 350 million American citizens based on vague feelings and jokes of the day, not on being legally erudite or philosophically consistent.
Ketanji is living proof that the Democrat Party is a force of lawlessness and un-seriousness about actually managing a law-based nation. Rather, Ketanji is living evidence the Democrat Party is brazenly trying to dismantle America.
There is no way in Hell that Ketanji should be confirmed to the US Supreme Court. Not in an America based on law. She is not qualified and she should not even serve as a dog catcher anywhere. And what is really a shame about this ridiculous exercise in political theater is truly competent and legally qualified black women are available to be nominated to the US Supreme Court.
But they are all patriotic, Constitutional conservatives….who know for a fact that they are women. The Democrat Party could not support them.
Ketanji Brown Jackson is a clown, not a judge
True spirit of an American president
What follows below is the real spirit of the true American president and every true American citizen. Not a corrupt Marxist thief who stole the would-be elected position through vote fraud and now seeks to coerce free American citizens to become feudal serfs under the thumb of tyrannical government bureaucrats, but a freedom-loving, citizen-loving, Constitution-loving American through-and-through.
An order of April 6, 1779, issued in Boston and now preserved in the Emmet Collection of the New York Public Library (also on display in Morristown, New Jersey), describes in detail the required arms and accouterments of that day (1779) for America citizens. Its spelling is of that time:
To Shrimpton Hutchinson Esq.
SIR,
You are hereby ordered and directed, to compleat yourself with ARMS and Accoutrements, by the 12th Instant, upon failure thereof, you are liable to a FINE of THREE POUNDS; and for every Sixty Days after, a FINE OF SIX POUNDS, agreable to Law.
Articles of Equipment,
A good Fire-Arm, with a Steel or Iron Ram-Rod, and a Spring to retain the same, a Worm, Priming wire and Brash, and a Bayonet fitted to your GUN, a Scabbard and Belt therefor, and a Cutting Sword, or a Tomahawk or Hatchet, a Poach containing a Cartridge Box, that will hold fifteen Rounds of Cartridges at least, a hundred Buck Shot, a Jack-Knife and Tow for Wadding, six Flints, one pound powder, forty Leaden Balls fitted to your GUN, a Knapsack and Blanket a Canteen or Wooden Bottle sufficient to hold one Quart.
In other words, our American citizen, Shrimpton Hutchinson [fabulous name!], Esq., was commanded by his government to prepare for war against enemies both foreign (British Redcoats) and domestic (anti-freedom, anti-America Tories/Royalists/Loyalists), by assembling his own personal war-making weapons and equipment. Notably a military-grade firearm and all of its necessities, plus what we would today call hiking and camping gear for Mister Hutchinson’s time afield as a citizen soldier.
This fierce founding spirit, strong among those who first created America, in its general sense and in its particular military-grade gear requirement, is still alive among those Americans who do not take our freedoms or founding principles for granted. We who embody this spirit today know that tyranny is always just one generation away, because unfortunately, a proportion of humans are always power-crazed control freaks, who will not rest until they have every person under their thumb and absolute control. It is just the nature of some people to be bad this way, and it is therefore the duty of freedom-loving people to reject and sometimes legally or even physically repel those bad people.
In this vein, several months ago, Pennsylvania attorney Josh Prince won a significant lawsuit about the ownership and use of private firearms here in Harrisburg, with implications for holding over-reaching, anti-freedom government bureaucrats accountable across the entire Commonwealth. In a nutshell, the Court held that Pennsylvania’s firearm pre-emption law means exactly what it says, which is that local municipalities cannot create a 2,500-municipality crazy patchwork of firearm regulations here, any more than local municipalities can create such a patchwork of abortion regulations or approved books regulations etc.
I am the Harrisburg City plaintiff in this lawsuit, brought and paid for by Firearm Owners Against Crime, a group of which I am a life member. Although I am not presently bearing arms against tyrants like our patriot friend Shrimpton Hutchinson in 1779, I am part of the ongoing legal contest to preserve the basic rights of free American citizens to own and bear military-grade firearms for our own self-preservation.
The irony of this is that I actually do not like or enjoy military-grade firearms. My greatest personal enjoyment and use of firearms is the old muzzle loaders and black powder cartridge sporting firearms of the 1770s through about 1910. It is that spirit of free choice you have between one firearm and another that I defend and promote.
Hopefully soon, America will have a person in the Oval Office worthy of being called President (and not President* or pResident), a person in and on whom the spirit of our founding principles sits deeply. A person who not only trusts his fellow citizens with military grade firearms, and who sees America as a government Of, By and For The People, but as in 1779 he demands that they personally keep and own such firearms at home and on their person, to be prepared always to use them in defense of America.
The spirit of America – a worker leaving his office while preparing to repel lawless tyrants. This is where your freedom comes from
Will the US Supreme Court go rogue in the Corlett decision?
The US Supreme Court says it will hear arguments in a major Second Amendment (gun rights) case brought by the New York State Rifle and Pistol Association (Corlett, docket number 20-843) against the State of New York.
These two opponents are now met in legal battle, and the US Supreme Court is the final battlefield upon which the outcome will be legally determined. Legal being a kind of tenuous word these days, as all kinds of government agencies have taxpayer-paid staff who now illegally behave any damned way they want, with no legal accountability. The illegal behavior of the “public servants” raises the question whether the official decisions the various government agencies are then issuing are actually legal, and whether or not citizens should give a fig about them.
The case facts (the policy question) of Corlett are right out of the Constitution’s Second Amendment: The right to keep and BEAR arms. New York State says no, citizens have no intrinsic or Constitutional right to carry concealed or unconcealed firearms outside of their homes, without the state’s approval. And thus has New York State made getting a concealed carry license very difficult, and the penalties for law-abiding citizens who do carry without a license extremely harsh.
As you might guess, the New York State Rifle and Pistol Association believes the opposite. They contend the plain meaning of the Second Amendment means what it says: To bear arms is to carry them in public, while the keep arms part is about having guns in your home. No license or government approval beyond what the Second Amendment says is necessary to keep or bear firearms, nor is government interference in such an individual Constitutional right lawful.
Moreover, they point out that the public policy question is on their side, because concealed carry permit holders are overwhelmingly law-abiding and safe. It does stand to reason that the people who go through the government red tape rigmarole presently needed to get a carry license are people who innately believe in following the law, in contrast to gang members and other urban scourges who carry and use guns illegally as part and parcel of their daily living. Therefore, New York’s stated purpose of limiting carry licenses for public safety and crime reduction is not only meaningless, because the current policy fails on both counts, it is actually having the opposite result. States with liberal concealed carry laws have seen a greatly reduced amount of violent crime, because would-be criminals understand they may encounter deadly force in response to their criminal behavior.
Many gun owners are excited about this case, after so many years of the Court declining to hear appeals of lower court decisions that were completely contrary to the Heller and MacDonald holdings (which were both strongly in keeping with the plain language of the Second Amendment’s very broad guarantee of individual gun rights). Well, hold your horses, people. The US Supreme Court has declined all kinds of appeals of lower court infringements of not just 2A, but what are in essence complete overturns of Heller and MacDonald precedents. The Supreme Court majority has allowed these lawless lower court decisions to stand. When the Court declined to hear appeals of lower court decisions on gun rights that were contrary to established Supreme Court precedent, the Court was more or less agreeing with the lower courts. The result has been a slow chiseling away of Constitutional Second Amendment rights by political activists sitting on lower courts, a slow erosion of the Supreme Court’s standing among and relevance to the citizenry, and a very clear message to Constitutionalists from all the courts: Do not hold hope for the American court system to protect individual American civil rights.
America’s court system is just as politicized and dysfunctional as the rest of our federal government. This is due to the divergent natures of the two types of people inhabiting our courts: Leftist activists for whom the law means nothing but a randomly opportunistic pathway to implement socialism and tyranny, and moderates who cannot be troubled to make a stand on hardly anything at all. So the moderates get swept away by the anti-law socialists. The Supreme Court is subject to these same forces.
Think about how America is still in the aftermath of the Court declining to hear enormously important cases about how some state administrative agencies (Pennsylvania’s Department of State being one) had unilaterally and illegally changed their state election laws right before the 2020 election, bypassing their own state constitutions and laws. And yesterday the Court sided 6-3 with a criminal illegal alien who fought his deportation on the grounds that the US Government had failed to give him “sufficient notice.”
Whiskey Tango Foxtrot.
If you are a convicted criminal illegal alien, the US Government and the citizen taxpayers empowering it owe you nothing but a swift kick in the ass on your way out of America.
To be blunt: Because the Supreme Court allowed the 2020 election to be stolen, and would not even hear the monumental legal and policy issues raised during the steal, why would any of us believe they will stand in the way of the government trying to steal our guns?
If any particular official government entity or group of individuals is responsible for the destruction of America’s rule of law, it is the Supreme Court. No wonder fewer and fewer Americans have confidence in or loyalty to this failed government entity.
So, if you are one of the people salivating over the prospect of the Court hereby upholding the Second Amendment rights of the citizen serf in Corlett, you are DREAMING. Do not raise your own or anyone else’s expectations about the Supreme Court now swooping in to set things right on the Second Amendment. If anything, we should be prepared for this lawless body packed with leftist activists and cowards, with just a couple of loyal patriots (the two Constitutionalists Thomas and Alito), to throw the Second Amendment overboard. If anything, we should be raising people’s preparation levels for defending our 2A rights by all means necessary. The US Supreme Court has gone rogue and no American should look to the compromised traitors in it to provide any relief to USA citizens.
So come what may, regardless of what will be the Supreme Court’s latest decision on the Second Amendment, New York State citizens may yet determine on their own what they believe their individual rights to be, and also what the limits are on government interference in the private lives and rights of citizens. After all, both government and these various courts were established to resolve differences in favor of citizen rights that are already very clearly spelled out in our founding documents, including in New York’s own constitution. All of America’s founding documents were written and established to limit government and to elevate the citizen over government, a situation now being reversed in a nationwide atmosphere of autocratic government totalitarianism. New York State being an Exhibit A. Which the Supreme Court may well reinforce in its Corlett decision.
New York citizens may choose to protect themselves as they see fit, perhaps with a concealed handgun minus the license part. Obviously this is presently at some risk to a person’s liberty, due to New York’s anti-Constitution state administration.
And this raises the bigger question here: Will enough Americans rise up and re-assert our collective ownership of this thing called government, which has gone totally rogue and turned against us, the citizen taxpayers? Unfortunately, blood is probably going to flow in answering this question. We freedom loving citizens are being attacked and damaged by anti-freedom people who want full control of everyone and every decision we make. Human history demonstrates that only brute force can determine who prevails in these kinds of contests.
UPDATE: Reading the Washington Post assessment of this case provides insight into the minds of tyrants. The Washington Post wonders aloud what will happen if the Court is “too broad” in its reading of what can only be plainly read as a very broad individual right to keep and bear firearms. As a mouthpiece for the radical Left, the Washington Post sends public messages from elected officials to everyone else, and so they wonder if a “too broad” interpretation of the Second Amendment will result in the Court being “overhauled” by the Democrat Party with an increase in the number of leftist activist justices sitting on the bench. You can’t make this stuff up, and they are proudly stating up front that if the Left does not get what it wants, which is official tyranny via the Supreme Court, then they will artificially install a new Supreme Court that will give them the policy outcome they want, democracy be damned. When people use democratic processes to achieve non-democratic results, you are dealing with pure evil. Well, what am I saying…these people stole the 2020 election in broad daylight, so what else should be expected? My advice: Gentlemen, prepare to defend yourselves!
UPDATE May 2nd, 2021: The Supreme Court discredits itself yet again. The Court has declined to hear one of the most salient lawsuits of our time, that brought by Laura Loomer, whose weighty complaint to the Court was that the Big Tech digital media are illegal monopolies who illegally discriminate against Americans, and thereby violate citizens’ First Amendment free speech rights. Loomer being the Exhibit A of the moment. And we all know an awful lot of “cancel culture” discrimination by Big Tech has been going on the past twelve months, affecting at least a third of the American citizenry, and you would think a reasonable Supreme Court would want to weigh in on this problem. But no, the Supreme Court continues to behave disgracefully and kick away the sniveling little wretches who keep showing up at the carriage door begging for some relief from their oppression.
This Court is daily diminishing its own usefulness and relevance to the American People, and the only answer why this is, is that the Court’s majority no longer sees themselves as part of the American republic or as guardians of the Constitution that holds the republic together.
If not us, We, The People, then who the hell is the Supreme Court working for? I think the Corlett case is going to demonstrate exactly who the Supreme Court is protecting and promoting these days: Tyrannical Big Government. I hope I am wrong, but looking at all these decisions the Court is making, including Loomer’s case, it is clear the US Supreme Court is AWOL.
Don’t you go and feel all alone if the Court’s anti-Constitution behavior leaves you thinking their decisions no longer have a binding effect on you. The Court is clearly now made of tyrants, and tyranny has no role or place on American soil, and they have no claim on the allegiance of the American citizen, much less our obedience.
US Media: immoral head fake, or illegal “fire!” in a crowded theater?
The First Amendment to the US Constitution is one of humanity’s greatest achievements.
The First Amendment guarantees individual citizens, and the press (media), certain free speech, communication, and assembly protections and rights, as well as religious freedom rights.
But one exception to this amazing free speech right we all know is that the First Amendment does not guarantee a right to yell “FIRE!” in a crowded theater, because there is no public benefit, or private right, to cause an injurious stampede. You cannot use a liberty to cause injury to innocent people, which is what yelling FIRE! in a crowded theater does.
One after another fake, manufactured media crises over the past eighteen months have come and gone, and if all of them call into question the meaning of the First Amendment for today’s fake press, any one of them will suffice.
Russia collusion (after two years there is zero evidence, and never mind the FBI\DOJ collusion with Hillary Clinton’s campaign). Stormy Daniels (never mind that rapist and serial sexual harasser Bill Clinton is still a hero to half the nation). Milania’s pathetic shoes or Sarah Sanders’ face structure and clothing (weren’t we -correctly- supposed to not criticize women’s appearances?). Now it’s Hispanic babies fake-crying in English (not Spanish) for long distant parents who sent them alone to break American law and illegally enter America under the care of thieves, pedophiles, and human traffickers.
Every month or so the American press manufactures another crisis meant to stir up the American people, to put people in a panic, to get them racing and stampeding over one another. The press is essentially yelling “Fire!” in a crowded theater, in an attempt to damage a president they dislike.
Each cry of “Fire! Fire!” by the press is at the very least an immoral head fake meant to distract from the documented crimes by many senior staff of the Obama administration, now wide open to the public as a result of the Dept. of Justice’s Inspector General. Or to distract from the amazing economic news, because they can’t let Trump get any credit or good news.
Incredibly, over 90% of the mainstream press’s coverage of President Trump is negative. That is not honest, it is not reporting. It is straight forward political activism.
The press today is not the press of the First Amendment’s 1787 ratification. Today’s press is not dedicated to serving as The People’s watchdog over government, helping hold government officials to account.
Rather, today’s press\media is a completely partisan, dedicated communication arm of just one political party. The press covers up for the crimes of one party, and helps invent fake crimes for the other political party. And yet, America’s press gets the benefits and protections of the First Amendment, as if press members are doing holy work for the Republic.
The question is, does the First Amendment apply to a partisan activist “press,” whose political advertising and advocacy contributions to just one political party are worth billions of dollars as undeclared in-kind political contributions?
We have to ask, because at a certain point CBS, ABC, NPR, BBC, NYT, Washington Post, et al must have their political contributions assessed. If they are found to have violated campaign election law, then let the legal chips fall where they must.
ACLU: America’s Public Enemy #1
If you love America, and if you are concerned about serious damage done to Americans by individual groups, then there is one organization that really deserves your hatred: The American Civil Liberties Union, or ACLU.
The ACLU was never really about civil liberties, but it has done enough related legal work over the decades to earn a modicum of credibility. Enough to perhaps justify its name. OK.
But what the ACLU is really and most truly focused on is destroying America’s legal and cultural fabric from the inside.
There is not one bizarre, weird, contradictory, contrarian, way-out-there case the ACLU has not taken in order to further damage America. The ACLU has no inherent right to its subversive anti-America activities; the absence of law enforcement oversight of the ACLU simply reflects Americans’ big-hearted if misplaced tolerance for all kinds of behavior. Even treason. This derives from most Americans’ overconfident sense that America is too big to fail, that we can allow ourselves to be subjected to all kinds of destructive forces, even illegal forces, as part of our open-minded democratic process.
If there is one area where the ACLU has done the most damage to the average American citizen, it is on illegal immigration. Illegal immigration is a health issue for American citizens. Illegal aliens have stabbed, raped, shot, driven over, and tortured countless innocent American citizens, not to mention the billions of tax dollars illegal aliens take from taxpayers every year through their use of schools, hospitals, police services, and other public and semi-public resources. All without paying the same taxes we pay.
It is all take, take, take, and no give.
Illegal aliens are illegal by law. This is not some philosophical jousting match. Illegal entry to any nation is a huge deal. Just look at how Mexico deals with illegal entry from both its south and north: Jail time in the worst conditions. Or worse. There are many illegal immigrants who enter Mexico from southern countries like El Salvador and Colombia who are summarily executed by Mexican police.
But here in America, a free-for-all is under way, where one political party wants as many illegal aliens as possible, in order to then make them legal so they can vote, or give them voting rights even if they do not eventually become legal citizens. This is treasonous behavior, and the ACLU is fighting every day for this to occur.
Dreamers? Are they kidding? What about my own kids, born here in America to law-abiding tax-paying citizen parents? Do they not have their own dreams? Why do the “dreams” of illegal aliens matter more than the dreams and hopes of my own children? And why does the ACLU put the interests of all these illegal invaders above and beyond the rights and interests of American law and of my own family?
Now that so many Americans are angry at the NRA, for what reason I cannot tell, all I can say is fine. If you are going to vilify and seek to destroy a group of gun owners who stand with and for the basic written meaning of the American Constitution, then I am going to seek to destroy a truly evil organization that enjoys seeing average good Americans hurt and killed every day by illegal invaders: The ACLU.
The ACLU has no right to behave the way it does. No American law anywhere says the ACLU can behave as a seditious, treasonous foreign agent. Every ACLU office should be raided by law enforcement looking for the obvious evidence of crimes against the American people. Every ACLU lawyer should be disbarred and jailed for obstruction of justice. Every ACLU bank account must be frozen and liquidated for damages against the American taxpayer.
We Americans can start this process with a good old-fashioned boycott of all ACLU allies and funders. Let’s picket their offices, pelt their staff with rotten eggs, and disrupt their meetings. Let’s call them publicly what they are, murderers, lawless enemies of a law-based nation, using our legal system to artificially advance an unjust cause of government destruction and actual physical warfare against America’s citizens from within.
2017 Year in Review
Looking back on 2017, it is tempting to list all of great accomplishments, and the few failures, of the new administration in DC.
One could spend a week discussing them all, but for the sake of time, here is one person’s opinion about what we have gained, and what we have yet to gain, from the new administration.
Gains
Where haven’t the citizens of America gained under the policies of the new administration?
From tax reform to ending executive policies designed to bully American citizens through the illegal use of government coercion, President Trump is daily deleting prior executive orders, and often substituting his own pro-freedom policies in their stead.
One gain has been the reining in of the US EPA, a place at which I used to work as a policy and legislative staffer, and which has long had an unprofessional staff culture of political activism substituting for careful reasoned decisions, shaped by law, in the interest of the American People. Fundamental transformation of USEPA was long overdue. The same can be said for NOAA, a huge source for fake climate change junk science, which is now getting a new chief who actually is a meteorologist and who does actually know a thing or two or three about Earth’s climate. How refreshing.
Another gain has been the moving of the American embassy from Tel Aviv to Jerusalem. No, this decision is not about Israel, it is about Western Civilization, of which tiny outpost Israel is the canary in the coal mine. Trump made this decision in the face of United Nations opposition, the same corrupt UN that is run by the biggest tyrannies in the world. He made this decision in the face of violence and threats of violence pouring forth from literally every single Muslim nation. The embassy move draws a stark contrast between a Christendom determined to survive, and everyone else. Sorry, the Jews are just the foil here, not the cause celebre.
Failures
If there is one friction point of real consequence in Washington, DC, it is that surface where the federal judiciary meets the executive branch.
Populated with political radicals, the federal judiciary has rogue judges who routinely use their positions to legislate from the bench, not adjudicate within the constitutional confines of their actual duties. They try to implement specific policies, instead of determining whether or not the question before them is simply constitutional, or not. They continually usurp powers from the executive branch, to the point where these judges have set themselves up as the actual bureaucrats running America.
Got a grievance? Bring it before the right federal judge, and you could get a very detailed, specific holding directing the executive branch of government to implement a certain policy in a certain way under a certain time frame.
The first problem here is that the judiciary rarely has actual jurisdiction in these subjects, because they are wholly functions of the executive branch. Immigration is one such area. Immigration and borders are clearly left to the executive branch to run. And yet America has federal judges who routinely issue holdings they believe will block the implementation of the executive branch’s functions. And these same federal judges will do the same things repeatedly, defiantly, even after the US Supreme Court has struck down their previous decision. These rogue judges are using their official positions to advance social justice causes.
A similar policy subject is gun regulation.
Despite the US Supreme Court’s Heller decision and others like it, lower courts routinely issue holdings on gun regulation that are in direct, clear conflict with US Supreme Court decisions.
A third policy subject is transgenders in the military. Recently a federal judge held that the US military must accept transgenders, ignoring the clear separation of constitutional powers between the executive branch and the judiciary. The executive branch has sole discretion over who it allows into the warfighting military, and civilian courts have zero jurisdiction. For a federal judge to insert himself into military matters is a clear violation of the US Constitution.
The second problem with this is, this is not the way the court system works.
Lower courts are always bound by the holdings of higher courts and by the duties and roles clearly spelled out in the US Constitution. Judges who disregard the higher courts and the Constitution, and instead issue their own politically motivated holdings, are destroying the rule of law in America. They are far overstepping their boundaries, and trying to make law and policy instead of deciding law or remanding a decision back to the political process. In essence setting themselves up as dictators who make all legislative, policy, and legal decisions.
If these rogue judges are successful, America’s court system will become meaningless. It will be a random assortment of competing political decisions governing hundreds of millions of citizens, made by a small handful of unelected people in black robes. These are decisions that are supposed to be hashed out through the political process by elected officials, accountable to the American People through elections and votes.
So, the failure here for the Trump Administration has been an unwillingness to simply disregard these rogue judges, and then move ahead with the administration’s immigration policy, foreign policy, and military decisions. Moreover, Trump’s administration should be openly calling for the impeachment and removal of these rogue judges. Official abuse of power is the most serious threat to American representative government, it must be confronted head-on, and that is not happening. Why is a mystery, because if there is one hallmark of this presidency, it is this president’s willingness to and enjoyment of directly communicating with the American People in the clearest terms.
Conclusion
The rogue judges issue highlights a scary fact that most establishment Republicans are loathe to address, and that is how liberals will do absolutely anything to impose their will on the American People.
The liberal lust for power and control, as marketed through “social justice” causes, means that their ends always justify their methods. It means that all officials with liberal opinions have to do is claim a higher moral ground, higher than existing law, and implement their views through their official role, no matter if it clearly contradicts established law, procedure, and policy.
This of course is not how any democracy or republic works. It is politically unsustainable (it is patently illegal), but it is evidence that liberals will burn down America in order to wrest control of it from the American People, or to prevent their political opponents from running it as the result of elections that liberals are unhappy with. It is also evidence that establishment Republicans have zero fight in them, because they do not believe in anything more than making more money than a person has use for.
If there is a need for a new political group in America, it is one that is focused on documenting official abuses by federal judges, and then working to hold them accountable. Impeachment and removal from the bench is what is needed.
So, in conclusion, 2017 was a very good year, an exciting year, and we can hope for more of the same in 2018.