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Tyranny by Ten

This Tuesday, two and a half days ago, the 4th Circuit Court of Appeals created a new law about guns and gun ownership in America out of thin air and completely contradicting recent US Supreme Court decisions the lower courts are bound to follow

If you want to see why citizens’ faith in the judiciary branch has declined, this bizarre decision is the best latest example.

It is gross over-reach far exceeding the court’s authority, and nullifying all of the judicial precedent litigated and decided before by the highest court.

Recall that judges cannot make up law.

They are fully bound by precedent.

They cannot make up policies.

They cannot come to a conclusion that is outside the subject of what has been litigated in front of them.

They cannot second-guess Congress.

They cannot ask what personal motives were behind a president’s executive order.

It does not matter what a judge personally thinks. None of this is supposed to enter into a judge’s ruling. When it does, the ruling is meaningless garbage.

Judges can only interpret the laws that are passed by Congress and signed by the President, or the state equivalent. That is it. That is their sole scope and ability.

At their most precise and honest moment, judges simply determine if a law is Constitutional, or not, or if it needs to go back to the state or federal legislative branch for re-work.

Brazen activism like this week’s decision serves only to undermine the judiciary, not strengthen it, because people will either utterly ignore these wayward judges, or they will seek to have them removed from their office, for good cause. Or both.

I myself do not feel bound by this illegal decision, and I will not comply with it no matter who says I must. These ten judges-gone-wild do not outweigh the collective decisions of the populace. If this court wants my guns, the authors of this decision can come to my home and try to take them away.

Come and (try to) take them!

In this particular instance of judicial malfeasance, ten of the court’s fourteen judges decided on their own that a new legal test was needed, a test that had never been used before by Congress, by the framers, the Constitution, or prior courts.

These ten judges decided to call it the “weapons of war” test, and they simply state that the Second Amendment never intended for American citizens to possess “weapons of war,” which according to these judges include the basic AR-15 rifles that are commonly used to hunt coyotes every week across the nation. Never mind that this new test would have eliminated from their personal possession the very military grade guns the American Patriots used to defeat the British.

But obviously logic is not of concern to these judges. The language of the majority decision and supporting decision is florid, full of political and emotional hyperbole, uses sophomoric logic and impolitic language (“the American people deserve a break”), and is simply disconnected from Constitutional text or legal precedent.

It is the equivalent of my kids saying “So, there!” in an argument.

But wait, there’s more!

Beyond being merely political, the majority bizarrely state that the decision is consistent with the US Supreme Court’s Heller decision, when it is in fact completely contradictory. Talk about shades of Orwell’s “1884,” where up is down, black is white, etc.

This is not a legal decision, it is a political decision.  It is a bold, defiant “I dare ya!” act by ten radical politicians wearing sombre black robes. And it is not just about guns. This decision is about rogue, out-of-control judges destroying the fabric of our Republic, which was not designed to turn over all issues to the judiciary, as if they make our every decision for us. This court throws the whole delicate machine of democracy out of kilter.

These judges are anti-democracy, plain and simple. They want a certain policy outcome, and because they cannot get it legitimately, legally, through the established legislative process, they simply want to wave a magic wand and make it so.

As much as this illegal decision shocks me, I do have to thank these judges, because they have outed themselves. By engaging in such egregious over-reach, illegally reaching deep into the realms of policy and law, they have willingly exposed themselves as frauds deserving of the most serious correction our system of government allows for – removal from the bench.

Now it is up to those American citizens who want to ‘drain the swamp’ and reclaim American government so that it serves We The People, to remove these anti-democracy activists from their sacred judicial roles. We can push to have them impeached or removed administratively.

Either way will do. Tyranny by ten cannot stand. We the People demand our rights.

 

Perry County Ground Zero, Round II

Perry County Ground Zero, Round II

By Josh First

Perry County, Pennsylvania, may be a deeply rural and tranquil place with just two traffic lights, but it is Ground Zero for the latest battle over your Constitutional gun rights.

The results of this battle have enormous implications for all Pennsylvanians, irrespective of where they live, because any legal holding will eventually apply not just to one county, but all counties and all citizens.

Unquestionably acting on political goals, the three county auditors recently sued the county sheriff, Carl Nace, demanding that he provide the names and addresses of concealed carry permit applicants his office processes. Nace refused, citing state law which seems crystal clear on the subject.

Much has been written here and elsewhere about this lawsuit and its genesis, so I will not re-trace those steps, but it is valuable to report back on where things stand as of yesterday.

Yesterday a hearing was held in New Bloomfield, Perry County’s seat of local government, on the auditors’ lawsuit against Nace. The hearing was intended to give both parties an opportunity to argue their case before a judge. The three county auditors are the plaintiff, and Sheriff Nace is the defendant.

I sat literally front and center in the court room, accompanied by Carl Fox and Jim Lucas, among many other wonderful citizens, activists, and concerned citizens. Carl Fox is president of the Duncannon Sportsman’s Association, and Jim Lucas is an engineer and well known political activist. Both Carl and Jim are involved in supporting Sheriff Nace and determining the background to the lawsuit. Both men believe the lawsuit has political purposes and goals, and is not some innocent procedural cause in the interest of perfect auditing everywhere.

Attorney Joshua Prince represented Nace, and attorney Craig Staudenmaier represented the three county auditors. The auditors were not present, either at the court house, nor at the hearing. Nace sat with his attorney in the court room.

Judge George Zanic sat directly in front of me with a clear line of sight between us, and I hope he wasn’t put off by my large prescription sunglasses, which I wear to keep summertime migraine headaches at bay, even inside. With my new, white, grizzled beard, wrap-around sunglasses, and unkempt end-of-summer hair, several people I already know approached me to learn who I was. One asked me if I was there for “the opposition,” and then laughed out loud when he realized who I was. That beard is coming off today! And yes, this is an indication that I am having a hard time letting go of the fantastic, if exhausting, summer I spent with my wife, kids, and friends.

Judge Zanic boiled down the entire argument to two points, one in each set of motions filed by each party. Zanic appeared most curious and skeptical about attorney Craig Staudenmaier’s assertions and claims about the need for the information, and the deficiency he says the county audit suffers from without the applicants’ names and addresses. More questions were asked of Staudenmaier than of Prince, and those questions for Staudenmaier were more pointed than those posed by the judge to Prince.

The judge was clearly having trouble understanding the plaintiff’s demand, or the need for the demand in the first place.

Citing general auditing standards, Judge Zanic referred to his own experience as a professional and as a former district attorney. Zanic disagreed with Staudenmaier about what information is necessary for any audit, let alone a county audit that was successfully completed by another firm when the auditors failed to do their own.

Prince did an excellent job in all respects, demonstrating a clear and quick knowledge of the governing statute, related laws, and the facts. Prince was articulate, clearly well prepared, and he stayed with Nace after the judge departed; both men answered questions from citizens and reporters.

Staudenmaier was often halting in his explanations, seemingly confused at times, and he argued in circles, often failing to directly answer the judge’s pointed questions. Some of his answers were rudimentary and elicited grumpy mutters from the audience. As soon as the judge left, Staudenmaier shot out of his seat, grabbed his papers, and fled out the back of the court house, through a hallway and door off limits to the audience. He took no questions from anyone in the court room, nor from anyone outside the court house.

Channels 43 and 27 were there, as was the Patriot News. Kudos to reporter Dennis Owens for pointing out that the auditors were not present at their own hearing, which is unnecessarily costing the county taxpayers a lot of money.  Their absence raises questions about just how seriously they take all this mess they have created.

Uniformed sheriffs and deputies from at least 15 counties were in attendance, in support of Sheriff Nace.

The court room was about 85% full.

“I hope to have a decision for you very soon,” said Judge Zanic.

Here is my take-away:

1) A person can draw their own conclusions about the quality or necessity of elected officials who take taxpayer money, who initiate unnecessary and expensive litigation, and who then do not show up in public or even at their own hearing. You cannot kick the hornet’s nest without getting stung, and then complain about it, but that is what these three auditors are doing. What they have said, and what their spokesman attorney Craig Staudenmaier has said, is that these three feel unhappy about the negative reactions their citizens have had over this lawsuit. Some counties do not have auditors, and it seems that the three in Perry County have proven they are either unfit or not needed. Perry County should either eliminate the office of county auditor, or vote these three out of office.

2) Perry County should do everything it can to determine who is behind the auditors’ lawsuit, including determining who paid Staudenmaier. This should be done to determine what political forces are in play (CeaseFirePA? Bloomberg? Soros? The Democratic Party of Pennsylvania? A local elected official?), and why they are present, and also let’s see if the people who started this expensive mess can then be held accountable and pay for it out of their own pockets.

3) Perry County should prepare to recover any costs or legal fees associated with this lawsuit, whether from the three auditors or from someone else who may be accountable. I think that Joshua Prince is representing Sheriff Nace for free, but no one should have to spend time defending someone from a frivolous lawsuit at their sole expense.

 

 

Patriot News Editorial on Mindlin’s Toss from Ballot

“Infrequently” best describes how often an editorial by the local newspaper, The Patriot News, would appeal to me on logic, principle, or understanding of the facts. However, independent candidate Nevin Mindlin’s political assassination by both Democrats and Republicans is so notoriously egregious that the Patriot News stated the case pretty well, so here it is:

Commonwealth Court sides with mystery challengers to Mindlin’s candidacy: Editorial
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Patriot-News Editorial Board By Patriot-News Editorial Board
on October 07, 2013 at 10:59 AM, updated October 07, 2013 at 12:09 PM

Nevin Mindlin, the one-time independent candidate for Harrisburg mayor, is a candidate no more. He has been knocked off the November ballot by court rulings based on the mindlessly literal application of a nonsensical state law. With little time for an appeal to the state Supreme Court, he has decided against waging a write-in campaign.

Nevin Mindlin went to Commonwealth Court in September, seeking to get back on November’s mayoral ballot. Friday, the court turned him down.

Though Mindlin was an independent candidate, not affiliated with any party or organization, state law requires him to name a committee that would replace him should he leave the race. That requirement makes sense for a political party, but it makes no sense for an independent candidate. By definition, an independent candidate is independent of organizational structures that would be entitled to claim an independent’s slot on the ballot.

Knowing all that, Mindlin did not name that committee. The Dauphin County elections office accepted his petition, without any warning that his petition had any fatal defect.

None of that mattered to the lower court that knocked him off the ballot earlier this summer. And it didn’t matter to Commonwealth Court, which last Friday upheld the dubious ruling.

Commonwealth Court used a legal technicality to dodge the heart of Mindlin’s case. He said that the state law in question violates a right enshrined in the First Amendment to the U.S. Constitution — freedom of association. In this case, the law forces Mindlin to associate with a “committee” empowered to choose some undetermined future candidate who could replace him, when the whole point of his candidacy is that he is independent of backroom-type arrangements like that.

Mindlin’s case is an example of the sleazy, insider political game-playing that fuels public disillusionment with elected officials and government.

The court’s hostility to Mindlin’s arguments also contradicts a well-established principle set by the Pennsylvania Supreme Court in election cases. Courts in the commonwealth, when applying the election code, are supposed to construe the requirements liberally, “so as not to deprive an individual of his right to run for office, or voters of their right to elect a candidate of their choice.”

Again, the Commonwealth Court used a technicality to completely ignore those claims under the state Constitution.

Mindlin’s campaign is the latest casualty of ballot bounty hunters, ordinary citizens who mysteriously come forward, armed with expensive lawyers, to press a legal challenge to a candidate’s filing papers.

Hired guns parse signatures for the slimmest possible rationale to disqualify them: using a first initial instead of full name, women whose maiden name and married name are different, imperfect handwriting, stray marks in the signature block.

Even if the candidate survives the challenge, (as third-party Allegheny County council candidate Jim Barr did earlier this summer), he or she has to expend precious time and money fighting in court.

These often-shadowy court challenges to candidates’ paperwork have a corrosive effect on public confidence in the integrity of the election system.

In a comment on PennLive, one reader said Mindlin “must have stepped on the wrong toes.” Another announced, “I won’t be voting for anybody; the best candidate just got bounced.”

Many have wondered who paid the legal bills for challenging Mindlin. But without any public disclosure requirements, the mystery money can remain secret.

All in all, Mindlin’s case is an example of the sleazy, insider political game-playing that fuels public disillusionment with elected officials and government.

Pennsylvania’s legislature could rewrite election law to strike the nonsensical provision that kept Mindlin off the ballot. The legislature could require those filing challenges against candidates to identify how they are paying for all that expensive legal work. The Legislature could lower the unreasonably high barriers now imposed on third parties seeking to get on the state’s ballot.

But as with so many dysfunctional aspects of Pennsylvania’s laws affecting politicians, those who get to make the rules are content with the status quo. After all, they got there by playing by the rules as they are – why would legislators want to change them?

From their selfish perspective, it makes political sense. But from the perspective of the citizen whom elected officials are supposed to serve, allowing ballot bounty hunters so much room to squelch candidates is nonsense.
(from http://www.pennlive.com/opinion/index.ssf/2013/10/mindlin_off_ballot_commonwealth_court_bad_ruling.html#comments)