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NEW YORK CITY MAYOR ERIC ADAMS’ “BLUEPRINT TO END GUN VIOLENCE” IS A HOAX

MULTI SERIES ON NEW YORK CITY MAYOR ERIC ADAMS

PART THREE

NYC Mayor Eric Adams’ comprehensive strategy to stem the tide of intractable criminal violence in the City will do nothing of the kind—is doing nothing of the kind. It is a hoax, plain and simple, albeit one well-planned and orchestrated. It is intended to delude the public into placing confidence in his Administration. It is designed to convince the public that the Mayor is doing something concrete to promote public safety. And that is to mean that he has a handle on violent crime. Image is everything, and Mayor Adams maintains vigorous control over that image, carefully overseeing all communications that go out to the Press. See the article in Legal Insurrection, published, on April 4, 2022, titled,  “‘Discipline of Message’: NYC Mayor Adams Wants to Approve All City's Communications.”The “Blueprint,” released with fanfare on the “Official website of the City of New York,” on January 24, 2022, creates an impression, as it was undoubtedly designed to do, that Eric Adams intends to deal head-on with the intractable crime problem—a violent crime wave that continually threatens millions of innocent people in the City, whether they reside there, work there, or are simply visiting.But, how well is this “Blueprint to End Gun Violence” working out? Not so well, it turns out. And that fact is difficult to hide, much as Mayor Adams would like to hide it, regardless of the clampdown on communications from the Mayor’s Office.Even the Radical Left, which supports the Mayor, realizes this and is vocal about it. See MSN.com which cites an article appearing on the website, Slate. The progressive left website, Slate, harbors no illusion about the inherent deficiencies of the Mayor’s “Blueprint,” and expressly asserts its belief about it, referring to the Mayor's plan as a “Trojan Horse.”Be that as it may, “Slate’s” disagreement with Adams’ “Blueprint” has nothing to do with overt concern over incessant crime in the City. Rather, Slate expresses displeasure at the prospect of the Mayor's plan targeting the perpetrators of it, the majority of whom happen to be “non-white” people.Slate posits the plan as racist and, and expresses its indignation and disdain over the implementation, implying that the presence of violent, horrific crime in New York City is preferable to the measures the Mayor intends to invoke to contain it.And violent crime does continue to spiral out of control, as reported on Fox News, on March 2. 2022.See also the article in law enforcement today, posted on April 9, 2022.So, with pushback on Adams’ “Blueprint” coming from polar opposite corners, one wonders if there is a solution to the problem of intractable crime at all.There is a solution, of course. But it’s a solution this Mayor, no less than the previous one, refuses to countenance. For, the perfect solution to incessant, violent crime in the City is one that both Adams, and his predecessor, de Blasio, consider more problematic than runaway horrific violence.And we all know what that solution is: It’s “the armed citizen.”If Eric Adams truly wished to deal effectively with the intractable violent crime problem in the City, he would revise the City’s politically motivated handgun licensing Rules that, on any serious reflection, are absurd. He would have to do this if he were serious about combatting violent crime. And, he doesn’t have to wait for the U.S. Supreme Court to make that decision for him through the Bruen case.But that isn’t a tack that Mayor Adams and Governor Hochul, no less than their predecessors, Mayor de Blasio and Governor Cuomo would ever consider—not in their wildest dreams.In fact, these people have spent considerable time hobbling the average citizens’ access to the most effective means of ensuring their defense against violent crime. Of course, the criminals and lunatics know this too. And that goes far to explain how it is and why it is violent crime in New York continues to increase exponentially. Criminals and lunatics know that it is more likely than not that their targets won’t be armed and therefore need not fear their would-be victims turning the tables on them.From his latest comments, Mayor Adams' posture on the armed civilian citizen is clear enough. And that posture explains why he doesn't refer to armed self-defense at all as a means to deal a blow to violent crime. For, the mainstay of Mayor Adams' approach to curtailing violent crimes involves ramping up police efforts to curb crime. See the recent article in the progressive website Politico published on April 3, 2022.Also see the transcript of April 3, 2022, Face the Nation interview of Eric Adams, and the article in Bearing Arms.Eric Adams refers to himself as the new “face of the Democratic Party,” as reported in the New York Post. But, on reflection, his isn't really a new face at all. It is simply a new mask worn over an old face.It is clear enough, from prior remarks he made, that Mayor Adams is an avid supporter of stringent gun licensing in New York, no less so than the new New York Governor, Kathy Hochul. See February 4, 2021 article in St. Andrews Law Review:“Public officials fear any outcome that curtails their ability to regulate firearms. New York City Mayor Eric Adams said that restricting the state’s ability to regulate weapons will simply instigate violence. Governor Kathy Hochul echoed Adams’ sentiments in similar remarks.” And Arizona State University Crime and Justice News reported this, on Eric Adams' stance on firearms’ licensing, apropos of the Bruen ruling:“The ruling is expected to come down after Eric Adams replaces de Blasio as mayor. Adams, who emphasized public safety as key to the city's recovery during his campaign, said that limiting the state's ability to regulate firearms ‘is a recipe for disaster.’”Thus, Mayor Adams dismisses out-of-hand the most effective means at his disposal. For it is the armed citizen who can, in the final analysis, play an important role in combatting intractable, violent crime in the City.Adams sees, albeit erroneously, the armed citizen as likely aggravating a volatile criminal situation in the City rather than lessening violence. So if New York City is to see any change to the concealed handgun carry licensing Rules, such change will have to come from the rulings of the U.S. Supreme Court itself.See the article in The Ticker:“New York Gov. Kathy Hochul, Mayor Bill de Blasio and Mayor-elect Eric Adams have concerns over this case, primarily from a public safety viewpoint.While safety is certainly a factor that can be used to determine which specific, sensitive public places can prohibit firearms, such as libraries, it cannot be used to serve as a prior restraint to prevent people from being able to defend themselves with firearms outside of their home completely.By the end of the arguments, most of the justices appeared likely to strike down or limit New York’s law.If the court correctly rules in favor of the petitioners, New York could be forced to rewrite its law to allow more citizens to carry firearms in public for self-defense, with clearer criteria and less discretionary hurdles.In addition, New York could become a ‘shall issue’ state, which would compel licensing officers to approve applications if they meet objectively set state requirements, such as meeting the minimum age and having no felony criminal activity.While some advocates will argue that allowing more citizens to carry firearms in public for self-defense will lead to an increase in uncontrolled gun violence, the result would be the opposite.Allowing more good citizens to legally carry guns will lead to more deterrence and a higher likelihood that they will be able to successfully defend their families and themselves against criminals.New York is one of the most restrictive states when it comes to allowing citizens to legally have firearms, yet it declared a statewide gun violence emergency in July ignoring the fact that most of the gun violence is a direct consequence of illegal, not legal, firearms.Most states, both liberal and conservative states included, adopted a ‘shall issue’ system in recent decades, yet they have less violence than in New York.”Also see the article in the Free Republic.New York as with several other jurisdictions around the Country gives great latitude to handgun licensing officials to make the decision whether to issue an unrestricted handgun carry license to the applicant, or not. Yet, it is the States with the most restrictive gun licensing that are plagued by violent crime. You would think that Cities like New York would consider relaxing the rules on the issuance of concealed handgun carry licenses, since nothing else, historically and to date works, effectively to deter violent crime. Yet, nothing is done. Go figure.The governing principle of these jurisdictions—that uniformly abhor the notion of the armed citizen who takes responsibility for his or her personal defense—is the “may issue/proper cause” standard to carry a handgun, concealed. That standard, as applied in New York City, is up for review at the U.S. Supreme Court. And a decision is anticipated in early Summer 2022.How will the U.S. Supreme Court rule in Bruen? It is expected that the Court will rule the NYPD standards for determining the propriety of issuing a concealed handgun carry license to be unconstitutional both as constructed and as applied.To be sure, the entire “may issue” structure for issuing a concealed handgun license in any jurisdiction around the Country is misguided from the get-go because the standards created whatever they may be, are inherently subjective as applied. The entire “may issue” structure is unsound and anathema to the fundamental, unalienable natural law right codified in the Second Amendment to the U.S. Constitution.The very constitutionality of “may issue/proper cause” was at the heart of the Bruen case, pushing well beyond the borders of New York City and New York State, as the issue was promulgated in Plaintiffs Brief to the Court.But Chief Justice John Roberts narrowed the focus of Bruen, thereby forcing the Justices to consider only the constitutionality of the City’s concealed handgun carry Rules. The salient issue of whether “may issue” infringes the core of the Second Amendment is not up for review.By doing this, the issue, as framed for review, takes as a given that “may issue” is sound and valid but that the City’s Rules regarding “may issue” might not be.It will be interesting to see what Justices Thomas and Alito do with this. Consistent with their opinions in the seminal Second Amendment cases, Heller and McDonald, Justices Thomas and Alito may well view the entirety of “may issue/proper cause schemes unconstitutional, notwithstanding the deformation of the issue by Chief Justice Roberts. In that event, their opinions would be relegated to concurrences; not majority rulings, and other “may issue/proper cause” jurisdictions can rest easy that their own draconian handgun carry licensing rules remain untouched by Bruen. This, no doubt, is what Chief Justice Roberts and the liberal wing of the Court had in mind; had certainly intended to do to soften what otherwise would seem to augur yet another landmark Second Amendment case decision.If a handgun licensing scheme is to be retained in New York City at all, it should be simplified, made straightforward, and applied fairly to all applicants. In particular, concealed carry provisions should address the needs of the average law-abiding, responsible citizens who do business in the City and/or reside there. And provision should be made for those law-abiding, responsible citizens who happen to visit the City.The present New York City handgun licensing scheme is deficient on any rational measure. And it isn’t applied in a fair and impartial manner.And woe to any person from another jurisdiction who brings a handgun into the City, and is found possessing a handgun, sans a valid unrestricted handgun carry license issued by the NYPD Licensing Division. At the moment it is that person, and not the gun-wielding rabid lunatic, psychopathic gangbanger, or garden-variety common criminal who will suffer the greatest wrath from the City’s criminal justice system.It has always been thus. And that fact isn’t going to change soon, regardless of the enormity and severity of crime in the City. See the article posted in Ammoland Shooting Sports News, published, August 6, 2015, titled, “Who’s Packing In New York City?” But, even if the Bruen Court strikes down, or otherwise places stringent curbs on the inordinate discretion presently extended to the NYPD Licensing Division in prosecuting applications for concealed handgun carry licenses, it is another question entirely—and a pertinent one—whether the Mayor’s Office will abide by that High Court decision. And that is worrisome.Consider——Back in November 2021, Mayor-Elect Eric Adams specifically addressed Bruen, on MSNBC News, when questioned by the host, Andrea Mitchell:“‘The concealed weapon ruling that’s going to come about is extremely challenging for us,’ says Adams. ‘This is different from a rural county somewhere. And this could have a major impact on our ability to keep our city safe, but we will adjust.’”So, there you have it! In an act of sly casuistry, rather than clarity, the Mayor says, “we will adjust.” He doesn’t say, “we will comply with the rulings of the Court.”  The Mayor's choice of words is telling. For he would rather suffer continuing waves of violent crime than acquiesce to the Constitutional right of all citizens to bear a handgun outside the home or outside their place of business, for their own defense.Even with a U.S. Supreme Court directive that might strike down the entire licensing structure of New York City, the Mayor of New York City and the Governor of the State will—by dictate of the Neoliberal Globalists and Globalist Marxist forces that secretly control them—fanatically resist the reversal of over a century of ever-growing unconstitutional restrictions on the right of the people to keep and bear arms. And we know whereof we speak, based on past practices.We have seen how State, local, and county governments, along with lower Courts have—have, through the last decade—blatantly, arrogantly, and contemptuously dismissed out-of-hand clear and explicit rulings of the U.S. Supreme Court in the seminal Heller and McDonald cases.Can one reasonably expect that the State of New York and its major metropolitan area, New York City, will do an immediate and abrupt about-face toward concealed handgun carry when Bruen, as the third seminal Second Amendment case, comes down the pike with further explicit rulings? Sadly, we have to say: Not likely! The State and City will come up with dubious schemes to avoid taking any action that would do harm to a handgun licensing structure that has been in place for over 110 years.New York City residents should not expect the Mayor to reform the City’s draconian handgun licensing Rules even with clear, categorical rulings from the High Court.Mayor Eric Adams is of the same mindset and holds to the same alien ideology as both his predecessor, Bill de Blasio, and the Governor of New York, Kathy Hochul, and boasts the same sympathies of myriads of other Federal, State, and local government flunkies.It would be naïve to think Eric Adams is cut from a different cloth. The secretive powerful interests behind his election are the same as those who thrust de Blasio into Office. These powerful, malevolent interests have made certain that the toadies they place into Office share the same worldview, and that worldview is not amenable to the preservation of a free Constitutional Republic.These forces are intent on replacing a free Republic, and a sovereign people, with an entirely new and ambitious, political, social, economic, financial, juridical, and multicultural construct. It is a paradigm antithetical to the needs and desires and fundamental rights of the American people. This new paradigm or framework goes by many names: “the international order;” “the new world order;” “the global democratic liberal world order;” Kissinger’s “world order,” the “neo-feudal world order,” “liberal internationalism,” and, the “Soros/Open Society.” But, by whatever name, the demise of the United States as a truly sovereign, independent Nation-State, along with the demise of the American citizenry as sole sovereign of their Government and the demise of the very concept of ‘citizen’ are the end goals.To accomplish these ends, the forces that crush are hell-bent on shattering the will, psyche, reasoning capacity, and sanity of the American people.To that end, violent societal upheaval is not to be contained or constrained, but to be encouraged.Americans have in the last few years witnessed violent societal upheaval. They see many of their political leaders embracing, enhancing, aggravating upheaval without care for the horror and misery inflicted on innocent individuals.We have seen this “Democrat Party” tolerating, even coaxing, and encouraging BLM and ANTIFA riots in the Summer of 2020 and the rioting continues today. See, e.g., articles in the Washington Examinerand The Frontier Post.The vigorous, violent, outrageous assault on the U.S. Constitution and on the American citizenry by the ruthless, powerful, inordinately wealthy, and well-connected forces that crush is plain:

  • Conceptualization and Implementation of a coordinated FBI hit job on ordinary American citizens who have justifiably sought a serious, comprehensive investigation of and serious accounting of those shenanigans and machinations involving the 2020 election that improbably ensconced, as titular head of the Executive Branch of Government, an obviously corrupt, emotionally and physically weak, and dementia-ridden shell of a man;
  • Outrageous DOJ Persecution of “militia” members and Castigation and Remonstrations against average American parents who simply wish to exercise their fundamental rights of free speech and free association without fear of governmental backlash, interference, and reprisals for harboring ideas and beliefs inconsistent with that of the Administration;
  • Endangering the Sanctity and Inviolability of the American Citizenry by unlawfully and brazenly secreting into the Nation hordes of illegal aliens from around the world, including violent criminals—literally millions of them;
  • Massive Social Engineering Programs and Social and Psychic Conditioning and Indoctrination of the entire American citizenry: including Adults, Youth, and Children;
  • Deliberate Actions aimed at Demoralizing and Weakening the Military and Community Police apparatuses of the Nation;
  • Placement of scores of defective, incompetent, easily, malleable people in the highest levels of Government to assist in the dismantling of a free Constitutional Republic
  • Consolidation of all the Apparatuses of Government by which the dismantling of a free Constitutional Republic can proceed at a record pace, unconstrained, from within.

And the public is expected to do nothing to prevent the coopting of their Country, but simply acquiesce, sit still, and moronically enjoy the hayride to oblivion. And, for those Americans who refuse to submit, who know what is in store for them and their Country, and who refuse to be mesmerized by the claptrap incessantly spread through the airwaves, legacy newspapers, and the internet, they can expect to be unceremoniously crushed beneath the wheels of the hay wagon.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved

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NEW YORK MAYOR ERIC ADAMS: DOES HE OR DOESN’T HE —CARRY A HANDGUN THAT IS? SHOULD IT MATTER?

NEW YORK CITY MAYOR ERIC ADAMS IS NO SAVIOR OF THE CITY AFTER THE IGNOMINIOUS, AND DISASTROUS REIGN OF BILL DE BLASIO, AN UNAPOLOGETIC COMMUNIST; HE IS JUST ANOTHER CONJURER, CHARLATAN, AND LIAR.

PART ONE

During his Mayoral run, Eric Adams asserted he would carry a handgun for self-defense once he became Mayor in lieu of reliance on a special police security detail.The New York Post, for one, reported, back in January 2020, that,“Brooklyn Borough President Eric Adams, a former cop, said Thursday that he’d pack heat if elected mayor in 2021 rather than waste taxpayer money by having his own security detail like Mayor Bill de Blasio and his predecessors.“Yes I will, number one,’ Adams told the FAQ NYC podcast when asked if he’d pack a firearm as mayor.‘And number two, I won’t have a security detail. If the city is safe, the mayor shouldn’t have a security detail with him. He should be walking the street by himself.’” Jump forward to March 26, 2022.In a news story titled, “Did Adams follow through on his campaign promise to carry a gun as mayor?”, 1010 News had this to say about Eric Adams’ remarks:“Now, as the mayor of New York City, he still has a security detail and demonstrated at a press conference Friday that he’s not walking around armed.When asked at a traffic safety event if he followed through on his promise, he smiled and opened his jacket to demonstrate he’s not carrying a gun.‘I stated that if I receive a threat from my intel that states there’s a real threat that I would make that determination. Intel protects me,’ said Adams. ‘If I feel the need to do so then I would do so.’[But] His quote from 2020 does not leave much room for interpretation, even if Adams would like to clarify his intent now.A host for the ‘FAQ NYC’ podcast [had] asked him ‘As mayor would you carry a firearm on you even with a security detail?’Adams responded ‘Yes I will, number one, and number two, I won’t have a security detail. If the city’s safe, the mayor shouldn’t have a security detail with him. He should be walking the street by himself.’” See also the article in Arbalest Quarrel, titled, “NYPD Officer Shootings Draw Attention To Mayor Eric Adams’ Plans To Make NYS Safe: What Will He Do?”, posted on January 23, 2022. What is a person to make of Adams’ inconsistent remarks?Is the Mayor a hypocrite? Of course. There’s no way for Adams’ to slither around this, try as he might; try as he has.But, then, should anyone be surprised? After all, hypocrisy is a character trait of all politicians. It defines them, and not in a good way.The Merriam-Webster Dictionary defines the word, ‘hypocrite,’ as a ‘person who acts in contradiction to his or her stated beliefs or feelings.’ But there is much more to the word than that. The ancient Greeks from whom the word, ‘hypocrite’ derived perceived a hypocrite to be a heinous individual, deserving of contempt. The Merrian Webster Dictionary goes to some length in discussing the etymology of the word:“A number of different things might pop to mind when we hear the word hypocrite. Maybe it’s a politician caught in a scandal; maybe it’s a religious leader doing something counter to their creed; maybe it’s a scheming and conniving character featured in soap operas. But it’s likely that the one thing that doesn’t come to mind is the theater.The word hypocrite ultimately came into English from the Greek word hypokrites, which means ‘an actor’ or ‘a stage player.’ The Greek word itself is a compound noun: it’s made up of two Greek words that literally translate as ‘an interpreter from underneath.’ That bizarre compound makes more sense when you know that the actors in ancient Greek theater wore large masks to mark which character they were playing, and so they interpreted the story from underneath their masks. The Greek word took on an extended meaning to refer to any person who was wearing a figurative mask and pretending to be someone or something they were not. This sense was taken into medieval French and then into English, where it showed up with its earlier spelling, ypocrite, in 13th-century religious texts to refer to someone who pretends to be morally good or pious in order to deceive others. (Hypocrite gained its initial h- by the 16th century.) It took a surprisingly long time for hypocrite to gain its more general meaning that we use today [as pointed out supra] ‘a person who acts in contradiction to his or her stated beliefs or feelings.’” See also the Arbalest Quarrel article, titled, “Truth and Hypocrisy: Bill of Rights Betrayal,” posted on February 18, 2014, one of our first articles. In another Arbalest Quarrel article, posted, five days later, titled, “NY SAFE Advocate and Gun Hypocrite Ferguson: Is the Story Over? Not by a Long Shot,” we dealt further with the notion of ‘hypocrisy.’ Of ‘hypocrisy’ we said, in pertinent part, in that article:“A person who lies does not honor his fellows. No one should lie as a matter of practice. But those who know their words affect the lives of millions of others should be especially mindful of the impact of their words. Those who impact the lives of millions of people through lies are particularly heinous individuals. They do not honor their fellow man. And by failing to honor their fellow man they themselves are not honorable and are not worthy of honor.”Hypocrisy is rife in American politics. Politicians are cut from the same cloth, and Eric Adams, the present New York City Mayor, is no different.Politicians are all consummate actors, but they are actors whose words and actions impact the lives of the citizenry, unlike theater actors whose fictions are confined to the stage.Mayor Adams says he carries a handgun but does not. He says he does not employ an NYPD security detail but he does.Of course, whether or not Adams’ carries a gun when walking around the City is really beside the point. As a retired NYPD police officer, he'd have no trouble obtaining the necessary credentials to do so, anyway. That, unfortunately, cannot be said of the average American citizen who resides in the City. Perhaps a decision in the Bruen case will change that.And, as for Adams’ foregoing an NYPD security detail, the remark is false bravado. The City isn’t any safer under his watch than it was under that of his predecessor, Bill de Blasio. Hence the Mayor’s desire for and need for a security detail exists. Adams is acutely aware of the constant dangers that innocent human beings face in the urban jungle—New York City. Crime continues to surge.As this article goes to publication, March 27, 2022, the New York Post writes: “Major crime and gun violence in the Big Apple have shown no signs of slowing as Mayor Eric Adams pushes people to get back to work and attempts to clean up the subway system.New police data shows that serious crime is up nearly 14 percent this year as of Sunday, compared to the same period in 2020 — when the city was bustling before COVID-19.The early crime trends this year present a challenge for Adams, who last week called for workers to return to New York City — promising a safer city. . . .There have been 300 more serious assaults this year, compared to 2020 — 2,994 versus 2690, an 11.3 percent increase, according to the data released Monday.Burglaries are up 6.6 percent from 1,908 to 2,034 and grand larcenies up 7 percent from 3,753 to 6,763, the data shows.Shootings have also surged nearly 60 percent from pre-pandemic times, from 97 to 154 incidents.There have been 300 more serious assaults this year, compared to 2020 — 2,994 versus 2690, an 11.3 percent increase, according to the data released Monday.Burglaries are up 6.6 percent from 1,908 to 2,034 and grand larcenies up 7 percent from 3,753 to 6,763, the data shows.Shootings have also surged nearly 60 percent from pre-pandemic times, from 97 to 154 incidents.”In light of these troubling crime statistics what is particularly troubling,  galling, and damning is not the content of Adams’ remarks concerning his personal security but the fact that he dared to lie to the public about it, and did so blatantly, casually, with a smile on his face, no less. Has this man so little regard for the average, innocent law-abiding, New York City resident who, unlike him, has no access to police protection and who is denied,out-of-hand, the natural right of armed defense? Does this  Mayor know, or even care, that the average New York City resident must suffer the reality of masses of violent, vile animals, roaming, undeterred, through the streets, subways, train stations, and business establishments of a concrete jungle every day, looking to injure, maim, and kill innocent people—among them, senior citizens and even toddlers? In most of America, the citizenry wouldn't tolerate, for one moment, the horrific conditions existent in and allowed to fester in New York City.And, so, Mayor Adams resorts to lies. And, if he can flippantly lie about one thing, would he not lie about other things—serious matters affecting the physical safety, security, and well-being of the lives of all innocent New York City residents—matters that go beyond those affecting his own life and well-being.Adams brands himself as the Compassionate Capitalistostensibly to distinguish and distance himself from his predecessor, Bill de Blasio. Did Adams come up with that expression, or did his image-makers invoke it, perhaps during a public relations brainstorming strategy session?New Yorkers are constantly confronted with dissimulation, not solutions to real, urgent, and intractable problems. Plans, initiatives, blueprints for action, are little more than shadow play; a ruse; an elaborate, carefully choreographed, managed, and executed masquerade to delude the public. Superficiality overshadows substance at every turn. Everything stays the same; status quo. This is fine for the powers that be, but not for the commonalty.In the next article, we lay this bare, as we continue our exploration of New York City's newly minted Mayor, Eric Adams.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.   

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THE GOVERNMENT CANNOT PROTECT YOU!  YOU MUST PROTECT YOURSELF!

REMARKS OF ARBALEST QUARREL FOUNDER, STEPHEN L'DANRILLI, ON STEPHEN HALBROOK ARTICLE PUBLISHED IN AUGUST 2020 NRA PUBLICATION, AMERICA'S 1ST FREEDOM

As a NYPD veteran police officer, and Adjunct Professor/Lecturer of Police Science at John Jay College of Criminal Justice, National Rifle Association Certified Firearms Instructor (pistol, rifle, and shotgun), and Training Counselor, and active member of the International Association of Law Enforcement Firearms Instructors, and lifetime resident of New York City, I have dedicated my life to the preservation and strengthening of our cherished Second Amendment. This is no easy task, especially today, as we see constant, concerted, vigorous attacks on the fundamental right of personal defense with firearms.So, it was with more than a little interest I read Stephen Halbrook’s article, “How Does New York City Get Away With This,” published in the August 2020 edition of NRA’s publication, “America’s 1st Freedom.”Stephen Halbrook is a Second Amendment Constitutional law expert and a prolific writer and author who has argued and won several important Second Amendment cases before the U.S. Supreme Court.In his article he provides a brief history of restrictive handgun licensing in New York City. He correctly observes that “[i]t all started with the Sullivan Act of 1911, the first law in any state (other than the slave codes) to require a license for mere possession of a pistol even in the home.”  Toward the end of the article, he makes the point that:“Nothing has changed since 1911 when [an Italian-American] Mario Rossi carried a pistol for protection against the Black Hand, for which he was sentenced to a year in prison.” It is of course disturbingly, depressingly, frustratingly true that, indeed, nothing has changed in New York City since 1911, insofar as the City continues to require a valid license to lawfully possess a handgun.Still, in a few important respects, much has changed, and for the worse, since enactment of the unconscionable and unconstitutional Sullivan Act.In the 109 years since handgun licensing began, New York City’s laws have become more extensive, more oppressive and repressive, and confoundingly difficult to understand. These laws are a labyrinthine maze of ambiguity and vagueness, and they are singularly bizarre.Unlike many other States that wisely preempt the field of gun regulation, as failure to do so invariably promotes and leads to confusion and inconsistencies across a State, the York State Government, in Albany, has not preempted the field. The New York Legislature gives local governments wide discretion in establishing their own firearms rules as long as local government enactments don’t conflict with basic State law mandates.Albany traditionally allows, and even encourages, local governments to devise their own, often numerous and extremely stringent, firearms rules. New York City has done so, and with glee, devising an extraordinarily complex and confusing array of rules directed to the ownership and possession of all firearms: rifles, shotguns, and handguns.New York State law, NY CLS Penal § 400.00 (1) sets forth the basic handgun licensing scheme, applicable to all New York jurisdictions, making clear that possession of handguns falls within the province of the police and that,“No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.” NY CLS Penal § 400.00 (3)(a) provides that,Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper.New York City builds upon State Statute, establishing a mind-numbing set of tiers of handgun licensing, mandating the extent to which New York residents may exercise the privilege, not the right, to possess a handgun for self-defense.The Rules of the City of New York, specifically 38 RCNY 5-01, has established, at the moment, at least, no less than 6 different categories of handgun licenses:

  • Premises License—Residence or Business
  • Carry Business License
  • Limited Carry Business License
  • Carry Guard License/Gun Custodian License
  • Special Carry Business License
  • Special Carry Guard License/Gun Custodian License

New York City’s tiered handgun licensing scheme is not only inconsistent with the Second Amendment, but it also promotes unlawful discrimination under the Due Process and Equal Protection clauses of the Fourteenth Amendment and invites both abuse by and corruption in the City’s Licensing Division. In fact, the City’s insufferable and puzzling handgun licensing scheme is, from a purely logical standpoint, apart from a legal standpoint, internally inconsistent and incoherent.Premise residence and business handgun licenses place considerable restraints on a licensee’s right of self-defense. Unrestricted handgun carry licenses, on the other hand, are issued only to a select few people who satisfy arbitrary “proper cause,” requirements. Of course, powerful, wealthy, politically-connected “elites” are exceptions, routinely obtaining rare and coveted unrestricted handgun carry licenses, unavailable to the average citizen, residing in the City.And criminals don’t obey handgun licensing rules or any other State law or City code, rule, or regulation pertaining to firearms. So they don’t care what the laws say. And this hasn’t changed.But it is deeply troubling, indeed mind-boggling, to believe New York City’s harsh, brutal, even despotic handgun licensing scheme continues to escape Constitutional scrutiny, a point Stephen Halbrook makes at the outset of his August 2020 NRA article, when he says,“‘Under New York law, it is a crime to possess a firearm’, held the U.S. Court of Appeals for the Second Circuit in U.S. vs. Sanchez-Villar (2004). This ruling was based on the state’s ban on the possession of an unlicensed handgun. This prohibition did not offend the Second Amendment, said this ruling, because ‘the right to possess a gun is clearly not a fundamental right.’ Later rulings by the U.S. Supreme Court—D.C v. Heller (2008) and McDonald v. Chicago (2010—begged to differ. . . . But the Second Circuit must not have gotten the memo. . . .”Stephen Halbrook makes clear that the New York licensing scheme is unlawful on its face because the very concept of licensing is grounded on the erroneous idea that gun possession is a privilege and not a fundamental right, a notion that is completely at odds with the Second Amendment and with High Court rulings. And I agree with Stephen Halbrook’s assessment.The Arbalest Quarrel has pointed out the Constitutional flaws inherent in gun licensing schemes over and over again, through the years, commencing with our first series of articles on Governor Andrew Cuomo’s draconian and inane New York Safe Act of 2013.We called the Governor out on New York’s unconstitutional licensing scheme. See, e.g., our April 30, 2014 article where we concluded with this:To suffer bad law is unfortunate. But, forced submission to State law that infringes a fundamental right is sinful.” New York City residents have been forced to submit to unconstitutional firearms laws since 1911. New York’s gun control laws were and continue to be enacted to disarm the honest citizen and to discourage personal self-defense.If a person insists on possessing a handgun for self-defense, New York insists on one’s first obtaining permission from the police department to do so, through the acquisition of a license, issued by the police.Yet, the imposition of stringent handgun license requirements is inconsistent with the import of the fundamental right to keep and bear arms as codified in the Second Amendment to the U.S. Constitution.Redress is necessary. It’s about time.Still, Anti-Second Amendment proponents and zealots interject that every State requires that a motorist obtain an operator’s license to lawfully operate a motor vehicle on public streets, and they ask, “why should gun possession be any different?” But in posing the question, these Anti-Second Amendment activists demonstrate an intention to reduce the fundamental right of the people to keep and bear arms to the status of mere privilege, which, in fact, is what a motorist’s license is; merely a privilege to drive an automobile on public roadways. It is logically and legally wrong to view and to treat a fundamental right as a mere privilege.New York attempts to skirt addressing the inherent unconstitutionality of the entire firearms’ licensing scheme through pompous, imbecilic assurances that a person doesn’t need a handgun to defend him or herself because Government, protects a person. That is patently false and, in any event, it is wholly beside the point, as the Arbalest Quarrel made clear in an article posted on our site on November 21, 2019. That article was reprinted in Ammoland Shooting Sports News on November 26, 2019, although in a different format with some editing.As we said, under the ‘doctrine of sovereign immunity’ the police are not, as a general rule, legally obligated to protect and guarantee the life and safety of any individual, and they cannot be held legally liable for failing to do so. Courts have routinely so held, including New York Courts. But many Americans fail to realize this because the seditious Press and politicians routinely lie to them.The purpose of a community police department is to protect the society-at-large, nothing more. I had pointed this out 30 years ago, in an article I co-authored with Second Amendment scholar, David Kopel. And that basic doctrine has not changed since.But, very recently, something has changed and drastically.Radical Left State and local governments are no longer even allowing their police departments to provide a modicum of protection for their community. This follows from the unrestrained actions and antics of volatile Marxist and Anarchist groups whom they kowtow to. They have called for the defunding of and disbanding of community police departments across the Country and some jurisdictions have done so. In New York City the Radical Left Mayor, Bill de Blasio, has slashed $1 Billion from the NYPD budget. This comes at a critical time when soaring crime and daily riots demand more funding for police, not less.This is a major change because the average American can, now, no longer depend on the police to provide even general protection to the community.It must be noted, too, that there are attempts by Marxists and Anarchists to rewrite the laws on sovereign immunity, to hold police accountable for harming citizens. But this is not for the purpose of securing more police protection and for making the police more accountable to the law-abiding public at large.To the contrary, the purpose of overturning police sovereign immunity rulings is  to provide the public with less protection and, at once, to allow lawless rioters, looters, arsonists, and assailants to engage in attacks on the police and on innocent people without having to fear justifiable retribution for their lawless acts.So, in some ways, matters have changed. Radical Left Governments are leaving communities less safe by preventing the police from promoting law and order, and they are even prevented from protecting themselves as lawlessness occurs all around them, rendering them powerless to engage lawbreakers.The public sees the disturbing results: demoralized officers and less safe communities as police are not permitted to provide communities with even a modicum of safety. This obviously is not for the better.Moreover, even as Radical Left Government leaders restrain and constrain the police, they continue to resist recognition of the fundamental, unalienable right of the people to keep and bear arms for their own defense. These Marxist leaders demonstrate their contempt for the very sanctity of human life, even as they claim disingenuously to care about human life. They don’t care and they never did. Theirs is a recipe for disaster: for a complete breakdown of law and order in society.But a breakdown of society is precisely what these Radical Left Governments want. They wish to tear down the Nation, so they can reconfigure it in a manner completely at odds with the preservation of the free Constitutional Republic our founders gave us.Yet, despite the intentions of the Radical Left Collectivists, they can’t subvert the dictates of natural law. Natural law dictates that the right and responsibility of self-defense rests today, as it always did, on the individual.Americans must not listen to the seditious Press and duplicitous politicians who claim that defunding or eliminating the police is necessary and, who claim, at one and the same time, the necessity for curbing the personal right of armed self-defense as well; that taking these actions will improve society. That is not only false, it is absurd. The seditious Press and Radical Left politicians don’t have, and never did have, the best interests of the Nation or its people at heart. This is now transparent and, given the present state of affairs afflicting our Country, this fact is irrefutable.Although I have always been a staunch supporter of the Second Amendment, I never advocated that everyone should get a gun. I did support and continue to support freedom of choice in owning and possessing firearms. But now, it is time for every law-abiding American citizen to be armed. Learn how to properly use a gun and how to safeguard it.Our Country is at a crossroads. We stand to lose everything near and dear to us if we don’t pay to heed to the threats directed against us, bearing down relentlessly on all of us.It is the responsibility of all citizens to safeguard their own life and safety and that of their families, and to preserve our Republic as the founders intended; to protect it from the insinuation of tyranny that the Radical Left would dare impose on Americans.Stephen L. D'Andrilli________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.  

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THE RADICAL LEFT’S PLAN: PROTECT CRIMINALS; CONSTRAIN THE POLICE; AND LEAVE THE PUBLIC DISARMED AND DEFENSELESS

PART ONE

THE RADICAL LEFT CALL FOR MASSIVE BAIL REFORM MAY BE A BOON TO CRIMINALS, BUT IT IS A THREAT TO THE PUBLIC

In the summer of 2015, The Left-wing New York Times, ever the friend and close confidante of seditious Deep State Government Bureaucrats and of smug, fabulously wealthy, extraordinarily powerful, and abjectly ruthless Radical Left establishment “elites,” ran a feature in its Magazine, titled “The Bail Trap.” The Times ran the story as a purported exposé of an unfair criminal justice system. The Times’ reporter, Nick Pinto, laying out the theme of the feature story, wrote: “thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.”Typical of “feature” stories at the NY Times’ newspaper, the writer of this feature, “The Bail Trap,” attempted to garner public sympathy for the plight of seemingly innocent people by drawing the reader’s attention to one cherry-picked anecdote.The NY Times writer, Pinto, mentioned a New Yorker, Tyrone Tomlin, who, having been arrested for carrying a controlled substance, was faced with one of two unpleasant choices resulting from that arrest: one, Tomlin could either plead guilty to a misdemeanor, serve thirty days on Rikers Island, and then walk free; or, two, he could plead not guilty and then await trial. The Court set Tomlin’s bond at $1,500.00 if Tomlin refused the plea deal and wished to remain free while awaiting trial. Tomlin did refuse the plea deal, pleaded not guilty, but, unable to post bond, had to remain in jail until his trial date. The NY Times thought this patently unfair: namely the bail, not the circumstances leading to Tomlin’s arrest the latter of which Tomlin bears sole responsibility for as there was no doubt about Tomlin carrying a controlled substance.The Times’ reporter, alluding, as he apparently thought, to the immorality of arresting a person for simply carrying, and not selling a controlled substance, did acknowledge that Tomlin had a lengthy criminal history, and that history included multiple felony convictions. Still, unperturbed by and dismissive of the fact of multiple felony convictions, the reporter argued that requiring bail of individuals like Tomlin, who, apparently, can ill afford bail, is patently unfair. The gist of Pinto’s argument became the germ for radical bail reform measures Leftist governments would institute several years later. The article demonstrates how closely tied a seditious activist Press is to Radical Leftists in Congress and to Leftist State Governments—constantly feeding ideas to each other for the purpose of dismantling our Constitution, undermining our fundamental, immutable, natural rights, and destroying a free Republic.The New York Times feature writer, Pinto, sanctimoniously and deceitfully remarks:“Of the 2.2 million people currently locked up in this country, fewer than one in ten is being held in a federal prison. Far more are serving time in state prisons, and nearly three-quarters of a million aren’t in prison at all but in local city and county jails. Of those in jails, 60 percent haven’t been convicted of anything. They’re innocent in the eyes of the law, awaiting resolution in their cases. Some of these inmates are being held because they’re considered dangerous or unlikely to return to court for their hearings. But many of them simply cannot afford to pay the bail that has been set.”“. . . innocent in the eyes of the law, awaiting resolution in their cases”? The Times’ feature writer is evidently referring to the oft-used mainstream media phrase, ‘presumption of innocence,’ a well-known platitude.The idea conveyed is that the accused is presumed innocent until or unless guilt is proved in a Court of law. Often bandied about as self-evident true, this notion, as with so many others—some concocted out of whole cloth, like the idea that semiautomatic weapons that may happen to look like military weapons are to be classified as ‘assault weapons’ and are therefore to be banned from the civilian citizenry as ‘weapons of war’—is facially false. Yet the false idea, taken as true and absolute, becomes the basis for instituting a plethora of unconstitutional and bizarre governmental policy measures.That is the case with the presumption of innocence platitude. The false idea behind the platitude becomes the rallying cry of Leftists calling for extreme criminal reform measures—measures that are both unnecessary and that, once implemented, are dangerous to the safety and well-being of the polity.

THE PRESUMPTION OF INNOCENCE PLATITUDE DOES NOT APPLY TO AN ARREST, ARRAIGNMENT, OR PRE-TRIAL DETENTION

Radical Leftist activists of all stripes—Marxists, Socialists, Communists, and Leftist anarchist groups—misapprehend, misconstrue the legal significance of the concept of ‘presumption of innocence’ that they flippantly and frivolously toss around in their baseless attack against the criminal justice system.The phrase, ‘presumption of innocence,’ is nothing more than an informal and inaccurate banality. It is not an affirmation of innocence. Yet, Leftist activists, such as our NY Times Reporter, ever evincing concern, real or imagined, over the seeming plight of criminals awaiting trial, lose sight of this fact. They attach more import and purport to the platitude than the platitude merits, and fail to appreciate, or otherwise ignore, what it does apply to. We explain, below._____________________________________________

LEFTISTS CRY OUT: “GET RID OF BAIL AND REMOVE GUNS FROM CITIZENS!” AFTER ALL, “INNOCENT” CRIMINALS HAVE RIGHTS TOO!”

PART TWO

WHAT DOES THE PRESUMPTION OF INNOCENCE PLATITUDE REALLY MEAN AND WHEN AND TO WHOM DOES IT TRULY APPLY?

The presumption of innocence platitude applies to criminal trials. It has no application to pretrial events: arrest, arraignment, or detention awaiting trial. The platitude alludes to a legal procedural safeguard afforded the accused at trial, nothing more. The phrase appears nowhere in the U.S. Constitution and does not invoke a substantive right. It is merely a colloquial expression, not a legal term of art, and, like many colloquial expressions, it conveys erroneous and exaggerated ideas that the seditious Press and Leftist activists latch onto in their ceaseless attack against our Constitution and our system of laws.

UTILIZATION OF THE PRESUMPTION OF INNOCENCE PLATITUDE IN A CRIMINAL TRIAL

The prosecution must, in the first instance, present evidence to prove the accused’s guilt of a crime. The accused does not bear the initial burden of having to prove his innocence. And the prosecutor’s burden—guilt beyond a reasonable doubtis a difficult one to meet; deliberately so, decidedly so.Further, the burden of proving guilt in a criminal prosecution falls solely on the Government. The accused need not present evidence in his or her defense. What does that mean? It means the accused need not make a showing of—namely demonstrate—his or her innocence at all. If the prosecution fails to make a case for the accused’s guilt, beyond a reasonable doubt—the highest bar set in our system of law and justice—the Court must acquit the accused of the crime. The Court has no other choice.If, however, it appears the prosecution has met the difficult burden of proof, it behooves the accused to present evidence to rebut the State’s evidence. But the accused need not do so. The accused need not do anything to prove his or her innocence of the crime charged, and the prosecution must do everything to convince the trier of fact that the accused is guilty of the crime charged.The presumption of innocence platitude does not, then, really attach to anyone or to anything.The platitude simply alludes to the burden of proof and the party upon whom the burden of proof rests. In a criminal proceeding the burden of proof rests initially, and, in fact, solely, on the prosecutor, not on the accused.The prosecutor must prove, one, that a crime has been committed, two, that each statutory element of the crime has been met in the proof; and, three, that the person accused of committing the crime probably did commit the crime, beyond a reasonable doubt. The platitude, contrary to common belief, does not impute innocence onto the accused.Once trial concludes, the trier of fact, often a jury but sometimes the Court itself, if the accused agrees to a “Bench Trial” in lieu of a jury trial, considers whether the prosecution has met its burden of proving the accused committed the crime he was charged with, weighing the prosecutorial evidence of guilt against such contrary evidence the accused presents if the accused wishes to present any evidence in his defense. The trier of fact then renders its verdict: to convict or to acquit.The prosecution has a heavy burden to lift and won’t generally prosecute a crime unless there is substantial and compelling evidence of the accused’s criminal conduct.Critically, such evidence a prosecutor wishes to introduce at trial must be admissible, which means that, on occasion, evidence of guilt of the accused may be incontrovertible and, yet, inadmissible in Court because, under the rules of evidence, the evidence that the prosecutor would like to use but cannot, is legally tainted.Thus, if a prosecutor does bring a case to trial, the prosecutor does so because the accused likely did commit the crime he or she was charged with, and the prosecutor has substantial, compelling, and admissible evidence to support a conviction.*Leftist activists, though, ever quick to condemn our system of laws, justice, and jurisprudence, in their zeal to promote the welfare of criminals over that of the safety and security of the law-abiding citizen, demonstrate their obliviousness to the heavy burden our legal system imposes on the State to prove the accused committed the crime he or she is charged with.Leftists routinely attack and constrain the police and concoct schemes to undermine our legal system. One such scheme involves bail reform. By ‘bail reform’ they mean doing away with the requirement of bail altogether, because they assume, erroneously, that the requirement for bail is inconsistent with the presumption of innocence platitude, which, as we explained, supra, doesn’t apply to pre-trial events at all. If the requirement of bail were incompatible with due process in all criminal proceedings, the Bill of Rights would have condemned the requirement of bail as inconsistent with a person’s necessary, fundamental, immutable, natural rights and liberties. Yet, that is not the case at all, as the Eighth Amendment makes abundantly clear. The setting of bail is permissible, but it cannot be excessive.

IS BAIL REFORM AND CIVILIAN OVERSIGHT OF THE POLICE REALLY A GOOD IDEA AS THE RADICAL LEFT AND NEW PROGRESSIVE LEFT MAINTAIN?

A seditious Press, like the NY Times, operating in flagrant disregard to news accuracy and truth, obsessively desirous of and complicit in achieving the Radical Left agenda, in service to millions of criminals and illegal aliens who daily dare to flaunt our laws—undermining our institutions, preying on our citizenry—argues for application of the prosecutorial burden at trial to pretrial events. Thus, a misunderstanding of the phrase “presumption of innocence” becomes the impetus for enactment of ludicrous laws and dangerous practices such as doing away with bail altogether and harboring a dismissive attitude toward prosecuting crime at all.Flash forward in time: NYC’s lackluster Mayor, Bill de Blasio, whose bid for the DNC nomination for U.S. President quickly fizzled out, devised a plan to protect the criminal class: simply do away with the requirement for posting bail, while awaiting trial, and hamstring the police while you’re at it. The New York Post writes,“New York City voters passed a ballot measure Tuesday that will boost a government watchdog’s oversight of the police department — coming just a day after the resignation of Police Commissioner James O’Neill and after years of tense cop-community relations.The amendment to the city constitution gives the Civilian Complaint Review Board more power to investigate cops it suspects lied to the panel regarding alleged brutality or other misconduct.“This slate of reforms will make the CCRB more efficient, make discipline more transparent, and bolster public confidence in the integrity of the agency’s process,” he said.But police unions fired back that the public’s decision undermined cops.“Today the NYPD was stabbed in the back by the very same people we swore to protect. With bail reform taking effect in January of 2020 and the passing of CCRBs political power grab, New Yorkers can only expect the NYPD to provide paralyzed policing on city streets,” said Sergeants Benevolent Association President Ed Mullins.O’Neill — who is leaving to take a private-sector gig in California — had been heard repeatedly warning others in law-enforcement that “It’s only going to get worse” under the changes, police sources have told The Post.”­­­­­­­­­­­It’s wondrous strange that New York City Mayor Bill de Blasio claims the public doesn’t need firearms for self-defense because, as he contends, the police provide the public with all the safety they need. At least this is what he told the political commentator Sean Hannity on Hannity’s nightly Fox News program.But now we learn that Bill de Blasio doesn’t even want the police to do a modicum of police work, as he hampers their work, second guesses their actions, and releases hundreds of individuals charged with serious crimes from jail without requiring bail, presenting a threat to the safety and well-being of the citizenry.And, lest we forget, New York City is making it next to impossible for average American citizens residing in New York to obtain a handgun license for self-defense. And Leftists contend they care about the value of human life? Really? It is as if the Leftists in their condemnation of civilian ownership and possession of firearms and in their hasty desire for criminal reform, do intend to leave the citizenry defenseless. But, then, this is all part of the Radical Left and New Progressive Left game plan: to conduct a scarcely soft revolution, to tear down our free Republic.We are even now seeing the results of the Leftist game plan tragically playing out in major cities across our Nation.______________________________*Corrupt prosecutors may, as we unfortunately learn, manufacture false evidence of a crime or fail to provide exculpatory evidence of innocence. That’s always a problem, and, on an “industrial” scale, a serious problem, dangerous to the integrity of our entire judicial system. The sham Mueller investigation is a casebook study of a massive prosecutorial corruption scheme instituted for the sole purpose of unseating a duly elected President and harming many law-abiding citizens on the way. Ruthless forces both here and abroad, that seek to destroy the Trump Presidency, planned and carried out this charade. And the charade continues today, now in the guise of a Congressional impeachment against Trump. The forces that seek to unseat Trump perceive his policy goals summed up in the campaign slogan, “Make American Great Again,”—which, for Radical Leftists, amounts to a four-word phrase obscenity—as incompatible with their own goal of a one-world system of governance. But these forces that would crush this Nation and its people into submission don’t stop there. Through the despicable secretive actions of George Soros, a henchman of the Globalist “elite,” prosecutors of a different sort, who Soros has inserted into several City Governments: Radical Left activists or willing toadies of Soros and of the Radical Left, who won’t prosecute crimes, even serious crimes, at all. As reported by the Washington Times, these puppets of neoliberal, Globalist, Transnationalist forces—who include Chesa Boudin in San Francisco, Kim Foxx in Chicago, Larry Krasner in Philadelphia, and Rachael Rollins in Suffolk County, Massachusetts—regularly refuse to prosecute crimes, thereby endangering the safety and well-being of the public and making a mockery of our entire system of law and justice. That, of course, is all in accord with the Radical Left’s plan intentionally to disrupt the judicial process to destroy our Country from within.______________________________________________

PART THREE

NO POLICY IS TOO EXTREME FOR THE RADICAL LEFTIST AND PROGRESSIVES IF IT SERVES THEIR AGENDA

Just how far is the radical Left willing to go to carry out their vision for a new America? Well, let’s consider how far one Leftist, namely, New York City Mayor Bill de Blasio, is willing to go. The Wall Street Journal provides us with an inkling, reporting on May 28, 2019:“More teens accused of serious felonies will be released from jail without bail under New York City’s latest push to limit incarceration, Mayor Bill de Blasio said Tuesday.The new policy, which begins June 1, would affect hundreds of teens accused of serious crimes like assault, robbery and burglary, allowing them to be eligible for release without bail, while they await adjudication of their case.”Releasing dangerous people, charged with serious crimes, on the street, and, at once, hamstringing the police will hardly make the City safer.And doing away with bail altogether serves only to worsen the situation. Doing so is foolhardy and takes the Eighth Amendment to the Constitution, which cautions that bail cannot be excessive, too far. The Eighth Amendment mandates only that the bail amount set must be commensurate with the crime. But there is nothing in the Eighth Amendment to suggest that the imposition of bail is inconsistent with due process in criminal proceedings.The Eighth Amendment sets forth:“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”Obviously, bail has a basis in criminal law and procedure. It isn’t a mere legal nicety. It has a place in our criminal justice system to ensure the accused will appear for trial. A dollar amount set by the Court reflects the seriousness of the crime charged against the accused. If the accused does not have funds on hand to meet bail, the accused has recourse to bail bondsmen.But Leftist activists like de Blasio have an agenda and that agenda has nothing whatsoever to do with safeguarding our citizenry and preserving both a free Republic and the Constitution. The Leftist agenda has everything to do with tearing down our free Republic and rewriting the Constitution to cohere to the Collectivist tenets of Marxism, Socialism, and Communism—tenets at odds with those of Individualism upon which our Constitution, the blueprint of our Republic, rests.Recently, the New York Post reported:Nearly 900 city jailbirds could be celebrating Christmas early courtesy of Gov. Andrew Cuomo and a plan to quietly free them before the state’s bail-reform law goes into effect next year, The Post has learned.And if that weren’t enough of a gift, Mayor Bill de Blasio is promising to follow up with even more presents for the lucky accused criminals — by giving them free baseball tickets, movie passes and gift cards to encourage them to return to court, sources familiar with the program said.'You’re literally rewarding them for committing a crime,' said a disgusted senior staffer in Manhattan Criminal Court.The proposed early jail release is tied to a law that Cuomo signed in the spring to eliminate bail for defendants charged with an array of misdemeanor and felony crimes.The more than 400 offenses include such heinous acts as criminally negligent homicide, aggravated assault on a child under 11 and selling drugs on or near school grounds, according to a memo being circulated by prosecutors across the state and obtained by The Post.The law goes into effect Jan. 1 but it will be retroactive — meaning inmates who are already locked up on such cases can apply to have their bail lifted and to be freed.In the Big Apple, court officials estimate that 880 prisoners — about 16 percent of all pretrial detainees housed by the Department of Correction — will be eligible for the get-out-of-jail-free cards.”

A PERSON ACCUSED OF CRIME ALREADY HAS A FULL PANOPLY OF PROTECTIONS BUT DE BLASIO AND CUOMO DO NOT SEE THIS AS ENOUGH

Substantive and substantial legal Constitutional and Procedural safeguards and protections exist to protect the rights of the criminal accused at trial. We don’t need more. This would only serve to endanger the public.First, common law crime no longer exists in our Country. No conduct is illegal unless such conduct is set forth statutorily, in our State and Federal Criminal Codes. The elements of each crime are set forth clearly and unambiguously. To support a conviction, the prosecution must prove each element of a crime.Second, the accused enjoys substantial procedural safeguards under extensive State and Federal Rules of Criminal Procedure.Third, and most critically, the U.S. Constitution accords the accused a full panoply of substantive, fundamental, natural rights. Under the Fourth, Fifth, Sixth, and Eighth Amendments of the Bill of Rights, along with rights laid out in the Fourteenth Amendment, the accused has substantially more legal protections than those accorded the accused in any other Nation.Regardless, Radical left activists continue to malign our Constitution and our system of laws, contending that those charged with crimes don’t have enough legal protection. That notion is patently false; even ridiculous. But, why does the Radical Left constantly go on about the presumed inequities and iniquities of our criminal justice system? Is it that they truly care about what befalls serial criminals or do the motivations of Leftist activists lie elsewhere?

WHY DOES THE RADICAL LEFT CONTINUE TO PROMOTE THE WELFARE OF CRIMINALS OVER THE SAFETY AND SECURITY OF THE POLITY?

Radical Left groups and politicians, along with a seditious Press, foment societal confusion, dissension, and unrest. They encourage disrespect for our Constitution, our laws, our social and political institutions, our culture, our history, our core ethical Judeo-Christian values, and our National identity.Through a caustic, diabolically planned and orchestrated agenda, they seek to induce mass hysteria and rend the very soul and psyche of the Nation, thereby disrupting societal cohesion and creating societal instability. Thus, the polity becomes soft, malleable; and open to a completely new vision of reality: The Collectivists’ vision; a vision that entails the end of our Nation-State; the end of our fundamental, natural rights and liberties; and the insertion of the tatters that remain of our Nation into a new transnational political, social, economic, and cultural system of governance where the polity sees itself subject to abject penury and misery, subjugation and harassment, and under constant surveillance.Leftists, swift to promote social justice for the criminal class, in their zeal to tear down the social order and to rebuild it in accordance with the tenets of Collectivism, the criminal class becomes a useful tool to accomplish their goals, and, so, dismiss the safety and welfare of the law-abiding citizenry.Thus, do Leftists show their disdain for the welfare of human beings, as they, one, release upon the citizenry, a plague of criminals, free to disrupt and harm; two, constrain the police, making it difficult for them to promote the public welfare; and, three, dispossess average, law-abiding, responsible, rational Americans of their firearms, leaving them defenseless in the face of the criminal element now given carté blanche to run amok in society. This, then, is a major component of the Leftist plan for the re-ordering of society.Would these Leftist policies establish a Socialist or Communist Utopia? If so, what might that Utopia look like? Do you really want to know? Peer down at Cities like Chicago, Detroit, Los Angeles, San Francisco, and New York. Do you like what you see? If so, you will be most happy to know this is what the Radical Left has in store for the entire Nation.__________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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