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SEMIAUTOMATIC WEAPONS UNDER FIRE
“It’s like déjà vu all over again.” ~ Yogi BerraIf you asked your fellow Americans to point to one defining moment in our Nation’s recent history, many would likely mention the attack on our soil in 2001, for obvious reason. Some Americans might point to Barack Obama as U.S. President, but not for anything he carried out—if he carried out anything of benefit to this Nation and its people—but because he served as the Nation’s first African-American President. Some people might mention the recession of 2008, and the bailout of major banks. Still others might point to the result of the general U.S. Presidential election in 2016. Depending on one’s political bent, that result is shocking and dreadful, or surprising and hopeful.But, for those who cherish our natural, fundamental, unalienable rights, the watershed moment came in 2008, with the U.S. Supreme Court decision in District of Columbia vs. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637. The high Court held, in principal part, that the right of the people to keep and bear arms, asserts an individual right, unconnected with one’s service in a militia. One would think a lengthy Supreme Court interpretation of the Second Amendment would be unnecessary. The text of the Amendment is clear, concise, precise, and categorical.But the high Court’s affirmation does serve a purpose. It lays to rest any pretension the Second Amendment means other, or less, than it says. Sadly, the pretension lingers among many, despite this seminal Second Amendment case.Many defy and denigrate the high Court’s imprimatur: politicians, the mainstream news; entertainers; billionaire globalists both here and abroad; antigun coalitions; myriad Leftist groups; academicians; and jurists. They detest the Second Amendment, and wish to rid the Nation of it.It should not come as a surprise to Americans that the Democratic Party’s leadership, holding most seats in the U.S. House of Representatives, plans to introduce a flurry of antigun bills in the coming months. The most ambitious concerns a ban on those semiautomatic firearms, referred to by the negative expression, “assault weapons.”But this push to ban an entire category of semiautomatic firearms in common use is nothing new. The late U.S Senator, Howard Metzenbaum, a Democrat from Ohio, who died in 2008, introduced a bill to control the sale and use of assault weapons in 1989. That Senate bill, 101 S. 386, failed.The House introduced similar bills that year. They, too, failed.However, in 1994, Congress did enact a semiautomatic firearms' ban, as part of The Violent Crime Control and Law Enforcement Act of 1994. The “Assault Weapons Ban” provision was codified in federal statute, 18 U.S.C. § 922 (v)(1). The law expired in 2004. It wasn’t reauthorized. The House then tried, in 2007, to resurrect a ban on semiautomatic firearms, introducing the “Assault Weapons Ban And Law Enforcement Protection Act Of 2007, 110 H.R. 1022.” That bill failed.After a lull, Democrats ramped up efforts. The 2012 Sandy Hook Elementary School tragedy served as the pretext to ban an entire category of firearms, once again.Congress, though, often acts slowly. That’s a good thing when proposed legislation impinges on or infringes Constitutional rights and liberties. But, Andrew Cuomo, Governor of New York, unlike Congress, doesn’t act slowly. He doesn’t have to, and, he doesn’t want to, especially when an opportunity arises to further constrain the right of the people to keep and bear arms.New York’s Constitution provides a Governor the means to push the State Legislature to act quickly if he deems a matter an emergency. Article I, § 14 of the New York State Constitution sets forth:“No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage. . . .”Governor Cuomo intended to act quickly to further restrict New York’s already draconian gun laws. He pushed for an immediate vote on the New York Safe Act of 2013. His statement to support emergency passage of the NY Safe Act, reads:“Some weapons are so dangerous, and some ammunition devices are so lethal, that New York State must act without delay to prohibit their continued sale and possession in the state in order to protect its children, first responders and citizens as soon as possible. This bill, if enacted, would do so by immediately banning the ownership, purchase and sale of assault weapons and large-capacity ammunition feeding devices. For this reason, in addition to enacting a comprehensive package of measures that further protects the public, immediate action by the Legislature is imperative.”With the clout he wields in Albany, the measure passed, and the Governor signed the Safe Act into law on January 15, 2013. To herald enactment, he created a web page, devoted to glorifying his achievement.Then, on January 24, 2013, hardly a week after Governor Cuomo signed the NY Safe Act into law, Senator Dianne Feinstein, D-California, introduced a federal assault weapons ban, modeled on the Safe Act. Senator Feinstein expected Senator Harry Reid to include the assault weapons ban in the broad Safe Communities, Safe Schools Act Of 2013, 159 Cong Rec S 2699. That didn’t happen. Senator Reid felt its inclusion would reduce chance of passage of the broader gun control act. Senator Feinstein was livid. But, the Act failed on a Floor vote, 40-60, even without Feinstein’s assault weapons provision.Senator Feinstein then released a statement to the Press, barely restraining her anger:“I’m disappointed by today’s vote, but I always knew this was an uphill battle. I believe the American people are far ahead of their elected officials on this issue, and I will continue to fight for a renewed ban on assault weapons.The very fact that we’re debating gun violence on the Senate floor is a step in the right direction, and I hope my colleagues vote their conscience and approve the underlying bill. But I’m certain that in the coming months and years, we will be forced to confront other incidents like Newtown, where innocents are murdered with one of these weapons of war.I will carry on this fight against military-style assault weapons, and I ask of the American people that they continue to pressure their elected officials to take action. It’s long overdue that we take serious steps to remove these dangerous firearms and high-capacity ammunition magazines from society.”In later years, Democrats, in the House and Senate, ever undeterred, tenaciously, rapaciously introduced semiautomatic firearms’ bans, one after the other, despite repeated failures—ever determined to rein in the Second Amendment. these bills included:The Assault Weapons Ban of 2015, 114 H.R. 4269 Imported Assault Weapons Ban of 2016, 114 H.R. 4748The Assault Weapons Ban of 2017, 115 S. 2095The Assault Weapons Ban of 2018, 115 H.R. 5077They all failed. But, the antigun politicians remain undeterred. They aim to destroy the right of the people to keep and bear arms, however long it takes. The recent roll-out is drearily the same: same title, later date. This one is the Assault Weapons Ban of 2019. Many of the usual cast of characters have signed on as co-sponsors. Some are considering a run as Democratic Party nominee for U.S. President in 2020.Not surprisingly, Senator Feinstein is the principal sponsor on this latest “assault weapons” bill, directed to an attack on semiautomatic firearms. Destroying our most sacred right has always been a high priority for Senator Feinstein and she is a prominent figure in all antigun legislation emanating from the U.S. Senate.According to Feinstein’s Press Release, issued January 9, 2019, the Assault Weapons Ban of 2019 is an “updated bill to ban the sale, transfer, manufacture and importation of military-style assault weapons and high-capacity ammunition magazines.” The Press Release then lays out the details. The House will likely release the bill shortly. The Arbalest Quarrel will analyze it when the House does release it.
A NATION-WIDE BAN ON SOME SEMIAUTOMATIC FIREARMS IMPERILS ALL SEMIAUTOMATIC WEAPONS.
Antigun zealots desire nothing less than an end to firearms ownership and possession in America. This is not an exaggerated concern for those who cherish the Second Amendment.New York Times contributing columnist commentator, Brett Stephens has called for outright repeal of the Second Amendment. We may dismiss an excessive, incendiary remark from a news commentator. But, when a retired U.S. Supreme Court Justice echoes that sentiment, Americans must take notice. Consider the remarks of retired Associate Justice of the U.S. Supreme Court, John Paul Stevens, as reported in The New York Times:“Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of that amendment, which provides that “a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Today that concern is a relic of the 18th century.”Retired Associate Justice Stevens always tied the right of the people to keep and bear arms to the militia. Read his dissenting opinion in Heller. But, the majority in Heller rejected Stevens’ premise.Americans should take antithetical remarks attacking the sanctity of the Second Amendment, seriously, especially when coming from powerful and influential people. The attorney, Christopher Keleher, in an academic article, titled, “The Impending Storm: The Supreme Court’s Foray into the Second Amendment Debate,” 69 Mont. L. Rev. 113, 154, (Winter 2008), published just months before the high Court’s decision in Heller, recited a litany of disturbing comments from members of Congress.“United States Senator Dianne Feinstein, commenting on an assault weapons ban, stated ‘if I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. and Mrs. America turn them all in, I would have done it.’ Former United States Senator Howard Metzenbaum complained that the same ban was insufficient, exclaiming, ‘until you ban them all, you might as well ban none. . . . [But, it] will be a major step in achieving the objective that we have in mind.’ United States Congressman William L. Clay proclaimed the 1993 Brady Bill was a ‘minimum step’ that Congress should take in its efforts to restrict firearms. Congressman Clay professed, ‘we need much stricter gun control, and eventually we should bar the ownership of handguns except in a few cases.’ A fellow member of the House of Representatives, Congressman Bobby Rush, was also forthright in his strategy: ‘Ultimately, I would like to see the manufacture and possession of handguns banned except for military and police use. But that’s the endgame.’ Senator Lincoln Chafee was no less bashful when he asserted, ‘I shortly will introduce legislation banning the sale, manufacture or possession of handguns. . . . It is time to act. We cannot go on like this. Ban them!’ The recent tragedy at Virginia Tech prompted Congressman Dennis Kucinich to draft legislation ‘that would ban the purchase, sale, transfer, or possession of handguns by civilians.’ While such views have not garnered a majority of lawmakers, these statements are notable for their stridency and frankness.”Americans should not brush aside these candid remarks as simple bluster. These politicians support their words with direct attacks on the Second Amendment. Anti-Second Amendment politicians despise the Second Amendment. They find it not merely inconvenient and irrelevant, but also unconscionable. They see our Second Amendment as incompatible with an ethical system predicated on utilitarian consequentialism they espouse, but which our founders did not. Antigun politicians find the mere thought of firearms both aesthetically distasteful and morally objectionable.These politicians consider the Second Amendment inconsistent with international legal rules and standards, and incompatible with societal norms of conduct. One or the other must go. For them, it’s the Second Amendment that must go. They feel we, Americans, should adopt and adhere to the new international liberal democratic order they, and those in the European Union, ascribe to.The mainstream media conveys the message of the antigun zealots incessantly, obstreperously, and passionately. The false message delivered to Americans is plain enough: for the welfare of society you must comply with and adapt to the conventions of the global, liberal, democratic order; and this requires you to forsake the archaic and degenerate desire to own and possess firearms.________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
DEMOCRATS ASSERT: “FOR THE SAKE OF OUR AGENDA, LET’S PUT TRUTH ASIDE; WE MUST DESTROY THE REPUTATION AND CHARACTER OF BRETT KAVANAUGH.”
SENATE DEMOCRATS, ON THE JUDICIARY COMMITTEE, BLATANTLY ATTEMPT TO DESTROY A MAN’S NAME; TO DO SO WITHOUT CONCERN FOR THE TRUTH.
“I always cheer up immensely if an attack is particularly wounding because I think, well, if they attack one personally, it means they have not a single political argument left.” ~ Margaret Thatcher Prime Minister of the United Kingdom,” May 4, 1979 through November 28, 1990“Good name in man and woman, dear my lord,Is the immediate jewel of their souls:Who steals my purse steals trash; ’tis something, nothing;’twas mine, ’tis his, and has been slave to thousands;But he that filches from me my good nameRobs me of that which not enriches him, And makes me poor indeed.” ~ William Shakespeare, Othello, Act 3, Scene 3On Thursday, September 27, in a U.S. Senate Hearing Room, Christine Blasey Ford, testified before Senate Democratic Party and Republican Party Judiciary Committee members; and before the American public. This 11th Hour Senate Hearing, an “addendum,” need not have transpired; and should not have occurred; for the Senate Hearing on Judge Kavanaugh’s qualifications, character, and integrity that had taken place for several days, had concluded weeks before. Judge Kavanaugh demonstrated beyond any doubt that he is eminently qualified to serve as a Justice on the U.S. Supreme Court. Senate Democrats, though, did not like that turn of events. What could they do? They decided to play a “trump card,” against President Trump, in a last ditch effort to undercut the confirmation of Brett Kavanaugh to a seat on the high Court.Senate Democrats sought to demonstrate that Judge Kavanaugh had a serious flaw in his character—a flaw that made him unsuited to sit on the high Court, regardless of his many qualifications and years of judicial experience. Senate Democrats sought, ostensibly, to portray Christine Ford as a victim—the only victim. But, contrary to Democrats attempt to portray Christine Ford as the sole victim, there was a second victim: Judge Brett Kavanaugh. Senate Democrats intended to use Christine Ford’s testimony against Judge Brett Kavanaugh as a cudgel—another planned assault, along with the Mueller probe—to frustrate the policy objectives of U.S. President, Donald Trump. To derail the President’s nominee to the high Court, Congressional Democrats brazenly used Christine Ford for their own ends, not hers. The result was to turn a seemingly solemn endeavor into a Grand Inquisition, produced and directed by Senate Democrats.
SENATE DEMOCRATS DISPENSE WITH THE NATION’S BASIC PRINCIPLES OF JUSTICE AS SET FORTH IN THE U.S. CONSTITUTION AND UNDER OUR PROCEDURAL LAWS.
Turning due process on its head, the accused, Judge Brett Kavanaugh, was presumed guilty, not innocent, of sexual assault. Judge Kavanaugh’s accuser, Christine Ford, simply had to disclose in public matters that she had thought and hoped would remain private—allegations of sexual assault committed by Brett Kavanaugh, when they both were in their teens. The testimony of Christine Ford would be used, so it was anticipated by Senate Democrats, to support the inference that Brett Kavanaugh did in fact sexually assault Christine Ford, thirty-six years ago. Senate Democrats made clear that it wasn’t necessary for Christine Ford’s testimony to actually cohere with or correspond to the facts of the matter. It would be enough, so Senate Democrats assumed and argued that she merely appear to be honest, credible. But, due process requires more from an accuser than an accuser’s mere conviction; due process requires more than the accuser’s honest belief in the truth of her own allegations. And due process requires more than the mere perception, of the observer, that the accuser is, after all, really telling the truth. From both a logical and legal perspective belief does not ipso facto equate with truth.Under the Sixth Amendment to the United States Constitution, the testimony of an accuser is not sufficient to convict or condemn a man. Evidence to support a naked accusation is required, such as independent forensic evidence and corroboration of witnesses to the event—none of which Christine Ford had produced. So, regardless of Christine Ford’s personal conviction as to her certainty that the events she speaks of—that took place, thirty-six years ago—and however adamant her remarks, fact remains that, bare allegations, ostensibly based on recollections, in the absence of more, do not substantiate truth for the trier of fact. Under our system of laws and justice—a system built on over two centuries of jurisprudence—an accuser’s barefaced accusation of wrongdoing is constitutionally insufficient to convict one of a crime or, as in this case, simply constitutionally insufficient to condemn.Here, the accuser’s testimony came up short on critical details, painfully short. No matter. Senate Democrats had, before the fact, accepted the accuser’s testimony, on its face, as factually true. They accepted on faith alone the veracity of the allegations because, as they have said, in public, even before the hearing, they had found Christine Ford’s barefaced allegations of a crime to be credible and compelling; and, for them, that was enough, and they insisted that Christine Ford’s barefaced allegations of a crime should be considered credible and compelling for everyone else, too. That is patently ridiculous!Imagine if you will that an accusation were sufficient, of itself, to sustain punishment or public condemnation, irrespective of even a scintilla of independent corroborating evidence. What would that mean for someone; what would that mean for you if someone came forth with a damning accusation against you? What it means is that, you, the accused do not have the right to face your accuser. You don’t have the right to test the sufficiency of the accusation through direct examination of the accuser. The presumption of innocence does not attach. Thus, the barefaced allegations of an accuser are presumed sufficient to convict or to condemn you and off to prison you go or otherwise, if not to prison, then, perhaps, you, the accused lose a benefit to which you ought otherwise be entitled; or you lose an opportunity you sought to obtain. Moreover, you will find your reputation, your honor, your integrity, your character are all irrevocably besmirched and stained, forever. This inversion of our basic principles of due process can happen to you. Don’t think it can’t! This inversion of our basic principles of justice is precisely what we see happening here in the case of Brett Kavanaugh. We see a planned coordinated, systematic, reprehensible attack to destroy a man’s character and reputation. Senate Democrats, who sit on the Judiciary Committee, along with the Congressional Democratic Party leadership, have connived, conspired and implemented a last minute plan in an unconscionable attempt to discredit the honor, character, and reputation of a man. They could not and cannot destroy the man’s judicial record, his jurisprudential philosophy, and his keen, analytical mind. So, they attempt to debase him. They resort to the last tactic available—a tactic of those in the throes of desperation. They resort to an attack on the man himself.Their plan is nothing more than a well-orchestrated, coordinated contrivance, utilizing their echo chamber, the mainstream media, to cherry pick details of the man’s history. They do this with the aim to come up with something, anything that might be used to cast aspersions on the man’s character. They take whatever they find, and then exaggerate the claim, blowing it up out of all proportion to reason and sensibility. Did the man ever drink alcohol in high school or college? If so, then the public must conclude that the man is a drunkard. A few women come forward with the most outrageous claims of moral turpitude. So, then, the public must believe their damning allegations and must conclude that the man is guilty of moral turpitude because of course these women are telling the truth; and because of course these women wouldn’t lie; and, because of course their memories of the events, if such events occurred at all, didn’t fade with time; and because of course a personal animus toward this man—toward all “white men”—doesn’t motivate them to attack the man. Democrats provide their echo chamber, the mainstream media, with tantalizing bits of garbage to rouse to rally and to rouse their base, the #MeToo movement, and the results are as expected: the lizard brain takes over; all reason goes out-the-door. The #MeToo sorority becomes ever more indignant; and, then they lose all control. They shout, scream, rant, foam at the mouth, convulse with rage. The lizard brain completely takes over; eats away at them; consumes them. They know what they want. It is as clear as a bell. “Down with White Men! Down with Trump! Down with America!” The entire performance, the entire charade, the entire farce, has nothing, really to do with Brett Kavanaugh; nothing at all. It is, rather what, Kavanaugh represents to these people, who, one can reasonably infer, has not read the man’s legal opinions. They know nothing of his love and devotion and of his years of service to his Country. They know nothing of his love and of his devotion to his wife, to his children, and to his Church. They don’t want to know. They don’t need to know. For what it is they think they know is enough for them. It is what they hear from Democrats, and from the newspapers and from MSNBC and CNN and NPR and PBS. They know everything they have to know about him, which is what they think they know, and what they think they know is wrong. What they think they know has been planted in their lizard brain, and what has been planted there is enough: Brett Kavanaugh is President Trump’s nominee; Brett Kavanaugh is just a privileged “white man.” Brett Kavanaugh doesn’t respect women. Brett Kavanaugh is just plain “evil.” So, Down with Kavanaugh! Down with Trump! Down with white men! Okay—Let us now get back to some semblance of reality, as we consider the Confirmation process.Where, then, does that leave the accused, Brett Kavanaugh? Senate Democrats placed the accused in the legally dubious position of having to bear the burden of proving his innocence. They patently surrendered a presumption of innocence afforded an accused—a presumption that is not mere platitude, but the very cornerstone of our system of justice. Application of the presumption requires that accuser, in the first instance, sustain the burden of proof. But Senate Democrats insist on a presumption of guilt. They insist that Brett Kavanaugh rebut Christine Ford’s testimony even though Christine Ford’s evidence, consisting of her testimony alone, had met no recognized legal standard—not even the lowest standard—preponderance of the evidence that might otherwise, if satisfied, shift the burden of proof onto the accused. Be that as it may, Brett Kavanaugh did proffer his testimony willingly; insisting, in fact, that he be permitted to do so; and Judge Kavanaugh did so, professing his innocence through his own equally compelling, credible testimony. Judge Kavanaugh denied—clearly, succinctly, emphatically, categorically, and unequivocally—ever sexually assaulting Christine Blasey Ford, or anyone. By placing the initial burden of proof on the accused, as Senate Democrats did, though, it became clear even to a lay observer, that the entire hearing was nothing more than a shameless charade, a sham, a circus, complete with clowns; and the clowns in that circus turn out to be Senate Democrats. But, there was nothing for Americans to be amused about.Senate Democrats, looked on dispassionately as the man spoke eloquently, honestly, from the heart. Even so, the attack against him continued. Senate Democrats castigated Brett Kavanaugh and derided him, for they had cast judgment on him even before they heard him speak. And, what do these Democrats, these seemingly honorable people, themselves, really find Brett Kavanaugh guilty of? Just this: the hubris of daring to sit on the U.S. Supreme Court; for doing so wrecks the Democratic Party’s political, social, and economic agenda. The man must be taken down!
WHY DID CHRISTINE BLASEY FORD AGREE TO TESTIFY IN PUBLIC?
As to the matter of Christine Ford’s public testimony, she didn’t really have a choice in the matter. Senate Democrats, dispensing with due process, had urged Christine Ford to testify. This was necessary if they were to delay or derail the Confirmation process. They knew this. They had to attach a face, an identity to a bare accusation against a man. They knew that much. So, even though the accuser sought to remain anonymous, clearly her identity had to be brought out. Only a few Democrats were aware of the accuser’s identity, and her identity was leaked to the Press. A reasonable person would conclude that the accuser did leak the matter since she made clear her wish to remain unknown. Congressional Republicans could not have leaked her name to the Press, for Congressional Republicans had no knowledge of the accusation. Democrats didn’t inform Congressional Republicans of the identity of the accused until the 11th Hour, when they sprung the accusation on Republicans and on the public. So, a reasonable person would conclude that someone within the Democratic leadership or within the Senate Judiciary Committee had leaked the information. So, much, then for respecting Christine Ford’s wish to remain anonymous.But, whoever it was in the Democratic Party who leaked Christine Ford’s identity, this is what the public learned: The accuser is a middle-aged woman, Christine Ford, a year younger than Brett Kavanaugh; she is a College Professor and holds a Ph.D degree in psychology. Brett Kavanaugh’s accuser, Christine Ford, made a conscious decision to attack the character of the man, even though she could not remember critical details, sufficient to support a criminal charge against Judge Kavanaugh; and, who, for whatever reason, never reported the matter she claims occurred, to the police, or to her friends, or even to her family, but who deemed the matter important enough to bring up now, thirty-six years after the alleged event occurred. She says she is 100% certain that it was Judge Kavanaugh who had attacked her, who had sexually assaulted her. Despite the many gaps as to when and where the matter in question occurred, and as to exactly what had occurred—if the matter had indeed occurred at all—she accuses Judge Kavanaugh, explicitly, of sexual assault.Christine Ford’s representative thereupon passed the information to Senator Dianne Feinstein, ranking Democratic Party member of the Senate Judiciary Committee. Now Senator Feinstein, for her part, was ethically bound to share that information immediately with the Chairman of the Judiciary Committee, Senator Chuck Grassley. If she had done so, the Senate Judiciary Committee could then have undertaken a discrete inquiry into Christine Ford’s allegations. But Senator Feinstein didn’t share the contents of the letter with Chairman Grassley. Senator Feinstein held onto the letter, for several weeks, albeit conceivably sharing the contents of the letter with her Democratic Party colleagues on the Committee and with Democratic Party leadership. Congressional Democrats apparently made a decision to spring the information onto Senate Republicans and the American public, days before the Judiciary Committee was set to vote on submitting the Confirmation of Judge Kavanaugh to the floor of the Senate, for a full Roll-Call vote. Possibly fearing that Judge Kavanaugh would be confirmed by a simple majority of the Senate, they sprung their trap on Senate Republicans and brought Christine Ford’s bare accusation of sexual misconduct to the attention of Chairman Grassley and other Senate Republicans on the Judiciary Committee. Clearly, they did this with the intention to derail, altogether, or, at least, to delay the Confirmation process.The failure to share critical information immediately with Republican members of the Senate Judiciary Committee—holding onto the information secretly, surreptitiously, to be used as a weapon to delay or to derail the Senate Confirmation process—is unethical, even reprehensible behavior. And everything that followed, from the point in time that Christine Ford’s damning and unsupported allegation against Judge Brett Kavanaugh became public up to and including the sham hearing that followed, illustrates the extent to which Democrats will go to get their way.Ranking Democratic Party Senate Judiciary member Dianne Feinstein and the other Senate Democrats, sitting on the Judiciary Committee, were, though, taking a gamble. Senator Feinstein and Senate Democrats knows that a barefaced accusation of sexual misconduct, especially an accusation going back decades, is, in the absence of supporting forensic evidence or, at least, corroborating witnesses, patently insufficient to convict or to condemn, under our system of justice. And there was none. That constitutes the crack, a chink in the Democrats’ armor, and Democrats, some of whom are attorneys at law, certainly know this. But, they played the game out, victim (the accuser) versus attacker (the accused), anyway.
ACCUSER AND ACCUSED ARE BOTH VICTIMS HERE.
Christine Blasey Ford had presented Democrats with a gift, a dangerous weapon, a barefaced allegation of wrongdoing. The Party, bereft of common decency, would be only too tempted, too willing to use the accusation against Brett Kavanaugh, against Senate Republicans, against the President of the United States, and against the Nation to achieve their ends. Senator Feinstein knew that a barefaced allegation of sexual misconduct against another individual was patently unfair. But, Democrats didn’t hold back. They didn’t care. They gambled that this gambit would serve to derail the Confirmation of Judge Kavanaugh to the high Court or, at least, delay a Senate Confirmation vote until after the 2018 Midterm elections. It is the hope of Democrats that they can gain control of the U.S. Senate after the Midterms. A cascading sequence of events thus unfolded, as deeply sensitive allegations came to the public’s attention—embarrassing and humiliating to both accuser and accused. These barefaced allegations would forever sully the reputation and character of an honorable man, a man with a distinguished record of judicial service, and would, at once, leave the accuser all alone, with her own reputation and honor tainted. Thus, along with the victim that Democrats played to the public—their “ace in the hole,” Christine Ford—there was another victim. This was a victim whom they failed to consider, whom they had no wish of considering as it was a victim whom they are responsible for creating, the victim whom in fact they made: Judge Brett Kavanaugh.Both Congressional Republicans, and conceivably even some Congressional Democrats, along with the American public, have learned that Democrats and Leftist groups will do anything to frustrate President Trump’s policy objectives. No scheme is too outrageous for them; no scheme too outlandish; no scheme too reprehensible if they can accomplish their agenda; their end goals. They intend to secure power for themselves and to proceed once again with accomplishing their own policy objectives—objectives at odds with the core values of most Americans people. With Judge Brett Kavanaugh sitting on the U.S. Supreme Court, their plans to hijack this Country from the American people will be all that more difficult, if not impossible. They therefore had no pangs of conscience, no reservation as to what they would do; what they felt they must do to protect their plans, their agenda. They would be willing to destroy a man’s character and reputation, along with his very life, well-being, and personal safety, and that of his family. They would know and be willing to accept, at one and the same time, that their actions might very well endanger, too, the life, well-being, and personal safety of the human being they claimed to be concerned about, Christine Blasey Ford. This would be the price they would be willing to pay in order to regain power and to be able to proceed with the items on their agenda.The accuser, Christine Ford should be perceived as much a tool, here, as victim—a tool to be used and eventually to be discarded, when no longer useful. And Democrats used their tool, Christine Ford, to play her as victim in need of justice, albeit justice coming decades late. Christine Ford’s accusation became the highlight of the #MeToo movement; trumpeted by the mainstream media in the newspapers; hailed by Leftist pundits on the airwaves; a rallying point for Hillary Clinton supporters, thunderstruck and enraged at the Presidential hopeful’s seemingly implausible defeat in the 2016 general election; and the predicate for mass demonstrations.
THE AGENDA OF DEMOCRATS AND LEFTIST GROUPS
The Democratic Party has been, in great part, coopted by Progressive elements. But, progressives lack basic common-sense. Still, the aims of Progressive elements have gained support from the mainstream media—an institution also responsible for undermining our Constitution and for undermining the foundation of a free Republic. These elements promote an agenda that most Americans do not agree with and which can, if implemented, deleteriously impact our Constitution and the preservation of a Free Republic. The items on the Progressives’ agenda include, among other things, placing specific impediments on a citizen’s exercise of sacred rights and liberties: the right of free speech, freedom of association, freedom from unreasonable searches and seizures, for turning our system of laws and justice on its head; and for placing considerable limits on, and eventually eliminating altogether, the right of the people to keep and bear arms. They know that it is only by curtailing the citizenry’s basic, fundamental, natural, unalienable rights and liberties that the citizenry be effectively controlled. Most Americans, though, do not agree with these objectives. And, most Americans do not take kindly at attempts to manipulate them, urging them, cajoling them, to take action against their own best interests, which they well see. Most Americans abhor pretense; false preening; glib, self-assured proselytizing; and they particularly loathe hypocrisy which is abundantly in evidence.Senate Democrats on the Judiciary Committee did not realize the extent to which the most Americans would be appalled at Democrats’ attempt to reduce an honorable man, a distinguished jurist, to the point of tears. Americans’ felt the man’s pain; and they realized that this man could be themselves—a man accused of commission of a heinous act and condemned through mere accusation. The result: a man’s reputation is in tatters; his honor forever tarnished; his sincerity forever doubted.Brett Kavanaugh’s character, reputation, and honor were being directly and systematically attacked. Is it any wonder, then, that he would turn his righteous anger and indignation back on those Senate Democrats, who, curiously, showed surprise that an even-tempered man could exhibit anger. They must have felt: "How can this person, this nominee who sits before us, have the audacity to dare speak so rudely to us? Who does he think he is?" Who Brett Kavanaugh is, if these Senators would only stop to consider the matter, is a man with a sense of honor, pride, character, and integrity, well-deserved, who has served his Country well, in a distinguished career, spanning decades, having worked in the Executive Branch of the Federal Government and subsequently working as a distinguished judge on the U.S. Court of Appeals for the D.C. Circuit. A man who graduated at the top of his Class at one of the premier Universities in our Country, Yale University, and then went on to distinguish himself at Yale Law School. That is who Judge Kavanaugh is. So, then, let us turn the question around on these Democrats on the Senate Judiciary Committee. Who do these Senators think they are to toy with a good man's reputation, honor, and character? Who are these Senators who would dare do those things that place the life, safety and well-being of my own family at risk?Apparently, these people, these Democrats, sitting on the U.S. Senate Judiciary Committee, have so little character, honor, and integrity themselves and so full of their own bravado, they could not understand how it was that a man, sitting before them, would dare remonstrate against them; perhaps Democrats thought, in part, that the personal attack on Brett Kavanaugh’s character should not be taken personally; for, after all, they simply don’t want to see him on the U.S. Supreme Court. And, didn’t they say as much? Didn’t minority leader of the Senate, Chuck Schumer, and other Democrats say as much? Didn’t they ask him, plead with him, to withdraw the nomination, to step aside? If so, they had no idea of the fortitude of the man, for they, themselves have none. Could they truly believe Brett Kavanaugh would not take the attack on his reputation, on his character, on his integrity, and on his personal sense of simple human dignity, personally? Really? Of course he would “dig in his heels” and defend his honor, and his reputation, and his character, and his integrity, and his dignity, too, as a human being--all of which Senate Democrats dared to besmirch.Thus, they concocted an outrageous and outlandish plan to take down an honorable man. And, this all plays out oddly in the Press, as agitators in the #MeToo movement, and their allies, claim that the nominee’s anger, indignation, and, at times, loss of composure, somehow, oddly, bespeak guilt, and lack of proper respect for the Senate? Are they kidding? After what Democrats on the Senate Judiciary Committee have done to this man? And, still, this outrageous, despicable attack against Brett Kavanaugh continues, unabated. Leftists, along with many Democrats, have lost touch with reality and have lost, as well, any sense of human decency.It is strange, indeed, that Progressive elements in society, along with many Democrats, tend to perceive the average American as wrongly attached to the past: wrongly attached to nationalism, patriotism, American history, pride in self and Country, morality as conceived through a Christian ethos; and wrongly attached to the plain meaning of the Constitution as conceived by the founders of the Republic. Progressive elements, many Democrats, the mainstream Press, and Leftists of all stripes, intend to eradicate this, all of it. They intend to destroy all that defines us; all that has defined us since the creation of a free Republic and since the ratification of our Constitution. And they intend to destroy the very conception of fundamental, natural, unalienable rights and liberties, as codified in the Constitution’s Bill of Rights.Those elements in our society—and what is becoming increasingly clear, Globalist interests abroad—intend to bring Americans, “kicking and screaming” if need be, into a new world as they conceive it, a new international world order. The world that Progressives, in particular, seek, is one wholly disconnected from our Nation’s past. It is one marked by multiculturalism; subordination of our Nation’s interests to those of a world community; subordination of the Nation’s Constitution and laws to international laws and norms; and the application of a conception of liberal democracy as played out in the EU. It is a view that, as we have seen, mandates the subjugation of whole nations and people; suppression of basic rights and liberties; submission of the populace of independent nations to solitary autocratic rule, emanating from one place: Brussels.Democrats realize that President Trump’s nominee to sit as an Associate Justice on the U.S. Supreme Court, Judge Brett Kavanaugh, will, given the Judge's high regard for the plain meaning of Statutes, and for the original meaning of the U.S. Constitution, neutralize the goals of Democrats and their allies both here and abroad. They tried to defeat Judge Kavanaugh through several days of Confirmation Hearing, attacking the jurist’s legal reasoning, his jurisprudential philosophy. But, they could not defeat the cogency and brilliance and intensity of Judge Kavanaugh’s legal mind, and of his singular regard to uphold the sacred precepts of the U.S. Constitution, consistent with the understanding and intentions of the framers of it. So, when the initial attempt to tear down his jurisprudential philosophy and methodology failed, and they could see confirmation as imminent, they resorted to more extreme and drastic measures. They attacked Judge Kavanaugh on a deeply personal level. They played their “ace card in the hole”—they brought up a matter that they should have brought to the attention of the Chairman of the Judiciary Committee, weeks ago, and that they should have done so discretely; a matter that they deviously, deceptively, secretly kept to themselves, to be used as a tactical device to defeat the Confirmation of a man who well merits a seat on our Nation’s highest Court of law. And, when they brought the matter up to the Chairman of the Judiciary Committee, Chuck Grassley, they did so, at the 11th Hour, just before the Committee was set to vote on recommending confirmation of Judge Brett Kavanaugh to the full Senate for a Roll-Call vote. They brought up a sensitive matter at the last minute and with great fanfare, so the public would become aware of a damning accusation before neither they, the Democrats, nor Republicans, had an opportunity, to investigate the matter privately, quietly, and thus protect the identities of both accuser and accused. But they didn't. They unleashed, at the last possible minute, a barefaced, unproven accusation to Republicans on the Senate Judiciary Committee and to the public before Republicans on the Committee had a chance to privately look at the accusation and to discretely investigate the matter. And, even after the fact, Democrats on the Committee refused to work with Republicans on the investigation. But, it is clear that Democrats don't really care to verify the truth of the accusation--especially if there exists no one to corroborate the accusation. Indeed, to date no one, whom the accuser named as witness to her damning accusation, sexual assault, has corroborated it--either asserting that they had not witnessed the event or, if at the scene, refuting that any such assault took place. But, that didn't stop Senate Democrats from attacking Brett Kavanaugh's character anyway. Democrats don't care. All they do care about is the fact of the accusation, not the truth of it. Thus, it is sensible to conclude that Democrats' attack on Brett Kavanaugh’s character is logically fallacious, legally faulty, and morally reprehensible. They directed a massive frontal assault on Judge Kavanaugh’s character, reputation, integrity and bearing, anyway. What took place in a Senate Hearing Room, on September 28, 2018, will go down in American history as one the most sordid, outrageous, abjectly shameless, and disgusting episodes in U.S. Senate history.Americans bear witness to nothing less than wholesale character assassination: the attempted murder of a person’s very self by Congressional Democrats. They have engaged in character assassination for what it is that Brett Kavanaugh represents to them--defeat of their Agenda for this Nation--rather than for who Brett Kavanaugh is. But, did these Democrats honestly think that this last minute gambit would actually work? Apparently so, since they made sure it would play out if Judge Kavanaugh would not step aside, as Senate Minority Leader, Schumer, pugnaciously, sanctimoniously insisted he do. One may well ask: would Chuck Schumer and other Democrats have stepped aside had the same attempt at character assassination been directed at them? Do they have the fortitude, the stamina to withstand such an attack. some of them, surely, do have serious character flaws—beyond any reasonable doubt. That, the public knows full well.Consider the flawed character of Senator Richard Blumenthal, for example. As one of the most vehemently, outspoken of Senate Democrats, he is, perhaps not surprisingly, also one of the most sanctimonious. It seems that Senator Blumenthal tends to project onto Judge Kavanaugh the Senator’s own moral failings, his own character flaws.Recall that Senator Blumenthal claimed to have served in Vietnam during the War. He didn’t. When called on the carpet for his blatant lie, Senator Blumenthal didn’t apologize. He didn’t show remorse. That isn’t in his nature. That isn’t in his character. Instead, Richard Blumenthal deflected the matter. He did so in order to salvage the lie. He sought to “clarify” his false remarks, rather than owning up to them. By failing to own up to his lie, Blumenthal merely compounded the lie; demonstrated to the public that here was a man who has a flawed character and is blind to his own flaws; and that he so contemptuously views the public, that he arrogantly assumes the public will be blind to those character flaws. What the public sees in this man, and in other Democrats on the Senate Judiciary Committee, though, are diehard hypocrites. The American public sees, in these Senate Democrats who sit on the Judiciary Committee, and the American public sees in the Democratic Party leadership, people so obsessed with their own sense of self-worth and so enamored with their own smug self-importance, and so dazzled by pretensions of personal grandeur that they truly believe Americans believe in the lies and delusions these Congressional Democrats created for themselves. But they are wrong. Americans, most Americans, at least, are not taken in by the air of pompous self-regard these Democrats have for themselves; nor do most Americans wish for the kind of America that these Democrats seek to create--the kind of America that President Obama had pushed the Country toward; and a kind of America that Hillary Clinton would have continued to work toward had she won the 2016 U.S. Presidential election.Could Senator Blumenthal and could other Democrats, who have a flawed character such as that of Blumenthal, withstand Senate inquiry and serious scrutiny into his character and reputation were he to have been nominated by a President—perhaps by Barack Obama—to sit as an Associate Justice on the high Court? One wonders.
BRETT KAVANAUGH DOES NOT OWE AN APOLOGY TO CHRISTINE FORD; NOR TO SENATE DEMOCRATS, NOR TO ANYONE. IF ANYTHING, CONGRESSIONAL DEMOCRATS OWE AN APOLOGY TO JUDGE KAVANAUGH.
Senate Republican, Lindsay Graham, appropriately and rightfully excoriated Senate Democrats. And then speaking directly to Judge Brett Kavanaugh, in an attempt to assist a man whose pain Senator Graham felt, as the man’s character was being improperly impugned before the entire Nation. Senator Graham told Judge Kavanaugh that he, Judge Kavanaugh, has done nothing wrong and does not need to apologize to anyone.Congressional Democrats obviously did not count on the courage and fortitude of Brett Kavanaugh—his tenacity to defend his honor, reputation, character, and good name; nor did they count on the American public’s own sense of fair play and human decency, as Americans have stood by Judge Kavanaugh.Democrats are so blinded by their own misguided sense of moral superiority that they have come to believe the deception they, and their allies, Progressives and Leftist agitators, dared play out on the American citizenry. But, “means do not justify the ends”—certainly not in this Age of Reason, and certainly not here, in the United States. Americans were justifiably appalled at Democrats’ chicanery; even more so once it became apparent that Senate Democrats had urged Judge Kavanaugh—plaintively, as a last ignominious and clearly futile attempt to delay a Senate Roll-Call vote on Confirmation—to ask President Trump to authorize the FBI to investigate Christine Ford’s allegations against the Judge. This was absurd.Senate Democrats, on the Judiciary Committee, know full well that Judge Brett Kavanaugh, the nominee, cannot authorize FBI investigations into himself or anyone else; nor should he. The claim put forward by Senate Democrats that, if Judge Kavanaugh were truly innocent, he would authorize an investigation into the allegations was merely a red herring. How was Judge Kavanaugh expected to respond to that. Was he expected to capitulate? That would only serve to delay a Confirmation vote, which, of course, was what Senate Democrats hoped to accomplish. Moreover, Judge Kavanaugh would appear weak, having capitulated to the will of Senate Democrats. That would serve their own end; not his; nor ours, the American people.For all that, the FBI, as with any police agency, undertakes investigations on its own initiative when deemed necessary and has done so, many times, in the course of Judge Kavanaugh’s extensive work for the Nation. Nothing remotely came up, during seven thorough FBI investigations into Judge Kavanaugh’s background. That, in itself is telling. Also, the Senate itself can authorize an investigation; and the Senate itself can conduct its own investigation. In fact, Senate Republicans did undertake their own investigation into the barefaced allegations of Christine Ford, contacting individuals whom Christine Ford mentions as supporting her allegations. None of them did support Christine Ford’s allegations. Moreover, and oddly too, Senate Democrats on the Judiciary Committee, refrained from taking part in the Senate investigation, conducted by Republicans.Why is that? Could it be that the Democrats did not wish to know whether Christine Ford’s allegations could not be corroborated? For, if Senate Democrats learned that the accuser’s allegations could not be corroborated that would undercut the claim that Christine Ford’s allegations were true and that would have effectively ended the matter, as the accuser’s allegations would appear to the Nation to be less credible and Senate Democrats would have been compelled to acknowledge as much. But Senate Democrats would have none of that. Lastly, as Judge Kavanaugh pointed out, this latest hearing was itself an investigation. What more would actually be accomplished through an FBI investigation as the investigators would be doing no more than what Senate Republicans had already done: namely talk to those individuals whom Christine Ford had mentioned as people who could corroborate her story. They did not corroborate her story when interviewed by Senate Republicans, under pain of criminal penalty if they were caught in a lie. These individuals would not have corroborated the accuser’s story to FBI investigators as well. So, then what would be gained from an FBI investigation into the accuser’s allegations? Nothing. A call for a seventh FBI investigation at this time would serve nothing but make clear to the American public that Senate Democrats sought merely to delay a Roll-Call vote.*When one feels compelled to resort to chicanery, that chicanery comes back to bite them. And it has done so, here. The chicanery has come to bite Senate Democrats.
AMERICANS HAVE HAD ENOUGH OF DEMOCRATS’ DECEITFUL AND REPREHENSIBLE TACTICS.
Many members of the Democratic Party—certainly those members who sit on the Senate Judiciary Committee—thought they could win over the public and, too, those few holdout Senators on the Republican Party. They apparently didn’t realize that, far from persuading Senate Republicans to turn against President’s Trump’s nominee to the U.S. Supreme Court, they have likely persuaded those Senate Republican holdouts to vote in favor of Confirmation of Judge Kavanaugh to the U.S. Supreme Court, and, perhaps, may have persuaded a few Senate Democrats to do so as well.Americans have now become increasingly aware that those Democrats who sit on the Senate Judiciary Committee as well as the Democratic Party Leadership and, many other Congressional Democrats, are “little people.” They have little empathy for human beings even as they claim empathy and concern for people. Their only concern is accumulation of power for themselves and to enable them to continue working toward completing the items on their agenda. They are people who have no integrity, no sense of human decency or character themselves, and therefore assume, wrongly, that no one else does either. Since they are flawed people, they are blind to their own flaws; and that will doom them and will doom the ignoble causes they seek to force upon our Nation and upon the American people. What they seek is massive social change and political upheaval, in order to remake this Country in a way far removed from a conception of a free Republic and a free people, propounded by the founders of our Nation, the framers of our Constitution.A quotation from the 1951 Cary Grant film, “People Will Talk,” aptly describes what befalls those people who are so consumed with hate and vindictiveness and so convinced of their own moral superiority that they fail to see the flaws in their own character. Cary Grant, star in the film. He plays the protagonist, an idealistic medical professional, named Dr. Noah Praetorius. The antagonist in the film, Dr. Rodney Elwell, is played by the actor, Hume Cronyn. Dr. Elwell unfairly, spitefully, and ruthlessly attempts to destroy the character and reputation of Dr. Praetorius. Toward the end of the film, when Dr. Elwell’s attempt to destroy the character and reputation of the man fails, he finds himself literally and figuratively, alone. As Dr. Elwell and Mr. Shunderson, Dr. Praetorius’ mysterious friend and personal servant, remain alone in a conference room at a college where Dr. Praetorius teaches, Mr. Shunderson privately scolds Dr. Elwell. Mr. Shunderson does so, not loudly and proudly like a victor might who had fought and won a brutal contest, but quietly, thoughtfully—and, curiously, in a way, that may be described as soothing, even melancholy—as he contemplates now a broken man, a disgraced man, a shallow man, sitting at the conference table. Here was a man who had been smugly self-assured, seemingly pious, but no longer.Dr. Elwell is now truly alone, a ruined man, and wholly irrelevant, as he has failed utterly to bring over others to his side in what was clearly found to be an unfair attack on Dr. Praetorius, a man for whom, it became clear, Dr. Elwell was deeply envious, and whose character and reputation he had, therefore, sought to ruin. But, those whom he had hoped to convince had heard more than enough. No one wished to listen to Dr. Elwell anymore. Dr. Praetorius character and reputation was vindicated and it was Dr. Elwell whose character and reputation now lay in tatters.Mr. Shunderson tells Mr. Elwell, this: “Professor Elwell, you're a little man. It's not that you're short. You're. . . little, in the mind and in the heart. Tonight, you tried to make a man little whose boots you couldn't touch if you stood on tiptoe on top of the highest mountain in the world. And as it turned out . . . you're even littler than you were before.”Senate Democrats on the Judiciary Committee are, together, “Dr. Elwell,” and we would add the Democratic Party leadership, too, Senator Chuck Schumer, and Representative, Nancy Pelosi. They are attempting to take down Brett Kavanaugh, whose boots these Democrats couldn’t touch if they stood on tiptoe on top of the highest mountain in the world. These Democrats are, themselves, little people, and always have been even if that fact had been lost on many Americans; but no longer. And, after the disgusting sham hearing they put on to cut down an honorable man, a sham hearing they put on for the entire Nation to see—after behind the scenes machinating, conspiring—it isn’t Brett Kavanaugh who appears “little” to the Nation, whom they sought to make little. Rather, it is these Democrats who are “little, in the mind and in the heart.” Americans should seriously think about the matter witnessed in the spectacle they see played out before them. If they do so, and are not taken in by false rhetoric, they will become fully aware of what is really going on here: a ruthless attempt to destroy a man’s honor, character, and reputation, not because of some perceived flaw in the man—as there is none—but because Brett Kavanaugh stands in the way of their own lust for power; he stands in the way of their own quest for personal aggrandizement. And, through all that they have done and all that they continue to do to ruthlessly cut down the honor, character, and reputation of a man, they now appear, like Dr. Elwell, even littler than they were before.If there was any doubt whether Judge Kavanaugh merits ascendancy to Justice on the U.S. Supreme Court, Senate Democrats have now, themselves put that doubt to rest. But they have done so not in the manner they thought; not in the manner they planned for; not in the manner they have hoped and expected. And, perhaps worst of all, for them, the public sees them now as disgraceful actors, as circus clowns, yet still bearing animosity, still bearing grudges, despite being found out for the buffoons they are. They hold high rank in Government, yes, but they have been thoroughly exposed for the hypocrites they were; for the hypocrites they are, and for the hypocrites they will, unfortunately, always remain. They are worthy of no American’s respect and should expect none.We implore our fellow Americans to contact their U.S. Senator immediately, telling their Senator they should do nothing to dignify the Democrats’ despicable last minute attempt to sabotage confirmation of Judge Kavanaugh through their outlandish scheme to impugn Judge Kavanaugh's character, reputation and honor. Tell your U.S. Senator to vote in favor of confirming the nomination of Judge Kavanaugh to the U.S. Supreme Court. As is abundantly clear, the American people need Judge Kavanaugh as he will help preserve the integrity of our Constitution, and our system of laws and justice as an Associate Justice on the U.S. Supreme Court; and that Judge Brett Kavanaugh will do so in a manner consistent with the will and wishes of the founders of our Republic. We can ask for no more of Judge Kavanaugh; and would expect nothing less from him. You will find the name and contact number of your Senator at this link: https://www.senate.gov/general/contact_information/senators_cfm.cfm._____________________________________________*As of the date of the posting of this article, President Trump, on his own initiative, has authorized a limited FBI investigation. The FBI is limited to investigating the specific allegations of sexual misconduct made against Brett Kavanaugh, however implausible the allegations are. Ostensibly, President Trump felt compelled to take this action because Jeff Flake, who had agreed to refer, along with other Senate Republicans on the Judiciary Committee, confirmation of Brett Kavanaugh to the full Senate, had, literally, at the last minute, reneged on that referral. Further, Senate Republicans, Collins and Murkowski, taking their cue from Senator Flake, have now made clear that they wish for the FBI to investigate the allegations of sexual misconduct, too, before they are willing to confirm Brett Kavanaugh as a U.S. Supreme Court Justice. Unfortunately, apart from delaying a full Senate Roll-Call vote for another week, this places the FBI in an unenviable position. Whatever the outcome of the investigation, the FBI’s report will be deemed political. This, the FBI doesn’t need, given that the American public has been apprised that, both prior to the 2016 U.S. Presidential election, and thereafter, high ranking DOJ and FBI officials have operated as functionaries of the Democratic Party and not as independent police investigators and attorneys. Moreover, since Senate Republicans have, as they made clear during the last Hearing, already undertaken an investigation of individuals whom Christine Ford named as witnesses who might corroborate her allegations, and as none of those individuals had corroborated Christine Ford’s allegations, nothing would be gained through an FBI interview of those same people. Now, two other individuals, Debra Ramirez and Julie Swetnick, have come forward with their own allegations of sexual misconduct against Judge Brett Kavanaugh. However, the allegations of sexual misconduct that these two new accusers have brought against Judge Kavanaugh are so patently ludicrous, that any time spent and taxpayer monies expended by FBI personnel to interview these women would serve only to turn what has already become a circus into a full-fledged farce. But that is where we, the American people, are, no thanks to Senator Feinstein’s unethical, and truly despicable 11th Hour bombshell release of Christine Blasey Ford’s barefaced accusation against Judge Kavanaugh._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
BRETT KAVANAUGH SENATE SUPREME COURT CONFIRMATION HEARING: DEMOCRATS GRILL TRUMP NOMINEE ON “ASSAULT WEAPONS.”
DO NOT FOR ONE INSTANCE BE TAKEN IN BY FALSE CLAIMS OF DEMOCRATS THAT "OF COURSE" THEY DEFEND THE SECOND AMENDMENT AND THAT THEY ONLY SEEK TO ENACT SO-CALLED SENSIBLE, COMMON-SENSE GUN LAWS. THAT IS PURE, NAKED DECEPTION. THE KEY GOAL OF CONGRESSIONAL DEMOCRATS IS AND, FOR DECADES, HAS BEEN THE REINING IN OF THE RIGHT OF THE AMERICAN CITIZENRY TO KEEP AND BEAR ARMS. AND THEY WILL NOT STOP THERE. CONGRESSIONAL DEMOCRATS ALONG WITH OTHER LEFT-WING ELEMENTS IN SOCIETY, INCLUDING THEIR ECHO CHAMBER, THE MAINSTREAM MEDIA, SEEK NOTHING LESS THAN THE UTTER, TOTAL DISSOLUTION OF THE SECOND AMENDMENT.
THE DUBIOUS LEGAL ARGUMENT EMPLOYED BY THOSE WHO SEEK DESTRUCTION OF THE SECOND AMENDMENT IS PREDICATED ON THE NOTION THAT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS REFERS TO A COLLECTIVE RIGHT, ASCRIBED ONLY TO ONE'S CONNECTION WITH OR ASSOCIATION WITH A MILITIA. WERE THIS TRUE, THE SACRED, FUNDAMENTAL, UNALIENABLE, NATURAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS WOULD BE TRIVIALIZED AS WOULD THE CITIZENS THEMSELVES BE TRIVIALIZED. IF SUCH WERE IN FACT THE CASE, AMERICANS WOULD WITNESS THE FALL OF A ONCE GREAT NATION AND FREE REPUBLIC.
BUT THOSE WHO WOULD DESTROY THE SECOND AMENDMENT HOLD TO A FALSE NOTION OF THE IMPORT OF THE SECOND AMENDMENT. FOR, THEIR NOTION THAT THE WORD, 'PEOPLE,' THAT APPEARS IN THE OPERATIVE CLAUSE OF THE SECOND AMENDMENT, REFERS TO THE CITIZENRY IN A "COLLECTIVE" CAPACITY OR SENSE HAS BEEN REPUDIATED. IT IS NOW SETTLED LAW THAT THE WORD, 'PEOPLE,' AS IT APPEARS IN THE OPERATIVE CLAUSE OF THE SECOND AMENDMENT, REFERS TO THE CITIZENRY OF THIS NATION IN THEIR INDIVIDUAL CAPACITY OR SENSE. AND THE RIGHT THEREFORE RESIDES, INTRINSICALLY IN THE INDIVIDUAL, AND NOT IN AN AMORPHOUS COLLECTIVE MILITIA. AS SUCH, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS IS FUNDAMENTAL, AND MUST BE RESPECTED. THE RIGHT REFERRED TO IS NOT INCIDENTAL, AND, THEREFORE, THE RIGHT IS NOT TO BE PERFUNCTORILY DENIED, AS THOSE WHO DETEST THE SECOND AMENDMENT WOULD HAVE YOU, FALSELY, TO BELIEVE.
“The first salient feature of the operative clause [in the Second Amendment] is that it codifies a ‘right of the people.’ The unamended Constitution and the Bill of Rights use the phrase ‘right of the people’ two other times, in the First Amendment's Assembly-and-Petition Clause and in the Fourth Amendment's Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people’). All three of these instances unambiguously refer to individual rights, not ‘collective’ rights, or rights that may be exercised only through participation in some corporate body.Three provisions of the Constitution refer to ‘the people’ in a context other than ‘rights’—the famous preamble (‘We the people’), § 2 of Article I (providing that ‘the people’ will choose members of the House), and the Tenth Amendment (providing that those powers not given the Federal Government remain with ‘the States’ or ‘the people’). Those provisions arguably refer to ‘the people’ acting collectively—but they deal with the exercise or reservation of powers, not rights. Nowhere else in the Constitution does a ‘right’ attributed to ‘the people’ refer to anything other than an individual right. . . .This contrasts markedly with the phrase ‘the militia’ in the prefatory clause. As we will describe below, the ‘militia’ in colonial America consisted of a subset of ‘the people’—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to ‘keep and bear Arms’ in an organized militia therefore fits poorly with the operative clause's description of the holder of that right as ‘the people.’We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans. We move now from the holder of the right—‘the people’—to the substance of the right: ‘to keep and bear Arms.’”~ (A portion of the Opinion of the Majority, penned by the late Associate Justice Antonin Scalia), in District of Columbia vs. Heller, 554 U.S. 570, 578-581 passim (2008) Well before the Brett Kavanaugh Senate Confirmation Hearings, the Arbalest Quarrel pointed out that Congressional Democrats’ assault on and goal of elimination of the right of the natural, sacred, and unalienable right of the people to keep and bear arms, as succinctly codified in the Second Amendment, was and always has been a central plank of the antigun Democratic Party agenda. See "the United States Safe Act in the Making: Penned and Penciled by Andrew Cuomo."This was so even though in the weeks and months leading up to the Hearing. Democrats and their liberal media echo chamber talked incessantly about Democrats’ Party’s other goals. These goals included: one, open borders; two, expansion of personal federal income taxes; three, the complete elimination of ICE, and the hamstringing of other law enforcement agencies across the Country; four, the clamping down of all investigations into subversive activities of high ranking Governmental Bureaucrats of the Deep State; and five, the removal of Donald Trump from Office.
DEMOCRATS CONSISTENTLY REMONSTRATE AGAINST THE PLAIN MEANING OF THE U.S. CONSTITUTION. THEY DO THIS BECAUSE THEY SEE THE U.S. CONSTITUTION AS OUTMODED, DRAFTED AND RATIFIED TO REFLECT THE NEEDS OF AN ANCIENT TIME AND, SO, IN NEED OF DRASTIC REVISION. THUS, THEY SEEK TO REWRITE THE DOCUMENT TO REFLECT A MODERN WORLD. THIS, UNFORTUNATELY, A NOTION NOTION HELD NOT JUST BY POLITICIANS AND LAY PERSONS, BUT BY JURISTS AS WELL. IN FACT, RETIRED LIBERAL-WING JUSTICE, JOHN PAUL STEVENS WISHES TO REWRITE THE BILL OF RIGHTS. HE SAYS SO IN A BOOK HE HAS PUBLISHED. AND, IN THE WORDS OF THE LIBERAL-WING U.S. SUPREME COURT JUSTICE RUTH BADER GINSBURG, OUR CONSTITUTION IS, AFTER ALL, “A RATHER OLD CONSTITUTION” MEANING THAT GINSBURG, TOO, APPARENTLY THINKS OUR CONSTITUTION IS IN NEED OF RADICAL REVISION.
The Senate Supreme Court Confirmation Hearing on the President’s nominee, Brett Kavanaugh, that took place for several days, laid bare the Democrats contempt for our Constitution and, especially, their misconception of the Bill of Rights as framed by the founders of our Republic. Spending a good part of three days of the Senate Confirmation Hearing process, by turns pontificating, chastising, and even excoriating Judge Kavanaugh, it became clear to all Americans that those Democrats, who sit on the U.S. Senate Judiciary Committee, have succumbed to the will and wishes of Americans on the far left of the political spectrum, or otherwise always held to extreme left-wing views concerning the Constitution. Americans who believe that the Constitution, and especially that part of it--the Bill of Rights--that sets forth the fundamental rights and liberties of the American citizen, proclaim that the Bill of Rights can mean essentially whatever it is they choose it, or wish for it, to mean. They do not look at the plain meaning of the text, but read into the sacred Document what they wish for the words of the Document to mean; not what the framers of it meant, as clearly articulated in it.But, application of such an erroneous belief concerning the Constitution, destroys the very efficacy of it. Revisionists take the U.S. Constitution to be infinitely malleable, flexible, bendable. This is what they mean by the Constitution as a "living document"--that it can be changed to reflect changes in society, changes they seek to impose on the Nation. Thus, they would twist the Constitution and contort it to a degree that essentially destroys its import and purport, as conceived by the framers of it. These leftist revisionists don’t care, and they do not care for a jurist, such as Judge Kavanaugh, who does not share their view of a Constitution they perceive to be easily malleable, like a lump of clay that one might knead into any convenient shape.Judge Kavanaugh’s jurisprudential approach to Constitutional case analysis is in line with that of Justice Thomas, Justice Alito, Justice Gorsuch, and of the late Justice Antonin Scalia. These eminent jurists do not read into the Constitution what they may happen to wish to see. They take the Constitution for its literal word. That doesn’t sit well with Americans who hold to a Socialist philosophy; who have drafted a new plan, a new design for our Nation; who have a Socialist Agenda and who seek to implement radical Socialist policies for our Country--policies destructive to a free Republic and destructive of a free market Capitalist economic society; policies inconsistent with the Constitution of this Nation as ratified by the founders of our Nation. Hence, progressive forces in our Nation do not want Judge Kavanaugh—brilliant and thoughtful a jurist though he be—to sit as an Associate Justice on the U.S. Supreme Court.
SENATE JUDICIARY DEMOCRATS HAVE MADE THEIR IDEAS AND GOALS PATENTLY CLEAR TO THE AMERICAN PEOPLE.
The Democrats sitting on the Senate Judiciary Committee made no attempt to hide their distaste of the Second Amendment to the U.S. Constitution, known. Even as the right of the people to keep and bear arms is explicitly set down in stone in the Bill of Rights, these Congressional Democrats would like to see the Second Amendment weakened, disassembled, abandoned, and eventually, even obliterated from historical records and memory.Yet, curiously, wrongly, and even weirdly, Congressional Democrats believe it to be perfectly permissible to expand the domain of what they presume to be fundamental rights, worthy of protection, such as a right to abortion on demand, and equal protection rights expanded to include individuals exhibiting gender dysphoria—an expansion of purported rights, nowhere explicitly mentioned or even alluded to in the Bill of Rights. All the while, Congressional Democrats seem to be under no similar compunction to retain those fundamental rights that are expressly codified in the Bill of Rights.For example, Democrats see no legal or moral compunction against constraining Americans’ free exercise of religion, freedom of association, and freedom of speech—to proscribe what they, alone, perceive as permitting ideas anathema to their own—and they see no legal or moral issue with doing away with the Second Amendment altogether. That is their goal, clearly inferred through three days of Senate Hearing on Trump’s nominee to the U.S. Supreme Court, Judge Brett Kavanaugh, and as further evidenced in antigun legislation Congressional Democrats have proposed in the last twenty plus years.Democrats argue, as they made pointedly clear during the Confirmation Hearing that, in matters pertaining to the citizen ownership and possession of firearms, State orchestrated cries for “public safety,” as the ground for curtailing the exercise of a fundamental and natural right should, and, indeed, must, invariably outweigh the personal right of self-defense. Moreover, Congressional Democrats consistently and continuously convey at best a blasé attitude toward the right of the people to keep and bear arms—a natural and fundamental right that the framers of the Constitution saw need enough to codify in the Bill of Rights, and did so to preserve a free Republic and to protect the sanctity and autonomy of the American citizen.From the questions posed by Senate Democrats to Judge Kavanaugh, and by the comments they made, these Democrats do not perceive the Second Amendment to be worth protecting and strengthening, or, otherwise they simply don’t care that, as the framers of the U.S. Constitution well knew, it is only through an armed citizenry that tyranny in Government can be ultimately, successfully, forestalled. The need for the free exercise of that right has not diminished with the passing years, decades, and centuries. Rather, contrary to the pronouncements of those who seek to constrain the exercise of the right of the people to keep and bear arms, the need to preserve and to strengthen this sacred right has actually, increased, many-fold, as the power of the Nation's Federal Government with the assistance of technology has itself increased exponentially in the centuries since both the formation of our Country as an independent sovereign Nation and free Republic, and since the ratification of our Constitution.
DESTRUCTION OF THE SECOND AMENDMENT WAS ALWAYS FIRST AND FOREMOST IN THE DEMOCRATIC PARTY JUDICIARY COMMITTEE MEMBERS’ CROSSHAIRS.
While expressing concern for the survival of the U.S. Supreme Court decision in Roe vs. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973)* which was certainly a central point of discussion manifested through three days of Confirmation Hearings, Democrats made abundantly clear, on the flipside, their disgust for the salient holding in Heller vs. District of Columbia, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008). Indeed, at times, Democrats’ expression of their disdain for Heller eclipsed their concern for the preservation of Roe vs. Wade. In fact, as Senator Diane Feinstein began her questioning of Judge Kavanaugh, during the first day of the Confirmation Hearing, the first set of questions that she directed to Trump’s U.S. Supreme Court nominee did not involve the issue of female reproductive rights, but were aimed squarely at the Second Amendment—namely and most notably at so-called “assault weapons”—which, as one of a plethora of antigun measures that antigun zealots would love to impose on the Nation as a whole, this one, in particular, has been, for decades, the especial target of Congressional Democrats. Wallowing in the abyss of fallacious reasoning and seeming self-pity, they plead with Judge Kavanaugh to forsake centuries of case law and jurisprudential history, ostensibly to ensure the safety of children, but oblivious to the fact that it is not the firearm, an inanimate object--their singular target for annihilation--that is the cause of violence, but, rather, a weakness of heart and will that prevents them from actively and avidly enforcing the hundreds of laws that Congress has enacted to forestall aggressive acts of those who would wreak violence on innocent lives: the lives of innocent adults as well as children.
WOULD DEMOCRATS BE SUCCESSFUL IN IMPLEMENTING A FEDERAL ASSAULT WEAPONS BAN IN 2019 IF THEY WERE TO CEMENT MAJORITIES IN BOTH HOUSES OF CONGRESS?
To be sure, it is by no means certain that Democrats will take control of the House in November, after the midterm elections. Less likely, but of greater concern, is the prospect of Democratic Party control of the U.S. Senate. If Democrats do take control of both Houses of Congress, what is certain is that they intend to muscle through Congress a new “assault weapons” ban, modeled on the New York Safe Act of 2013.Democrats would get substantial assistance from progressive State Governors, led by the virulently anti-Second Amendment Governor of New York, Andrew Cuomo—assuming, which is likely, albeit depressing to contemplate, that Cuomo does prevail in the coming New York Gubernatorial election, in November, to secure a third term in Office.
SENATOR DIANNE FEINSTEIN’S RAISON D’ETRE IS TO PROHIBIT CIVILIAN OWNERSHIP AND POSSESSION OF ANY FIREARM THAT SHE PROCLAIMS TO BE AN “ASSAULT WEAPON.”
If you recall, Feinstein attempted to ram through an “assault weapons” bill in 2013. That bill was even more draconian than the original restrictive U.S. Senate Legislation, “The Violent Crime and Control Protection Act of 1994.” In Subtitle A of Title XI of the 1994 Act, Senator Feinstein laid out a comprehensive nation-wide ban on an “assault weapons.” Subtitle A of Title XI severely restricted the “manufacture, transfer, and possession of certain semiautomatic assault weapons.” The “assault weapons” provision included a sunset provision and, in 2004, the “assault weapons” provision of the 1994 Act did expire. It was not reauthorized by Congress.Feinstein wasn’t done. On the heels of enactment of, and in lockstep with, Governor Andrew Cuomo’s New York Safe Act, signed into law by Cuomo, on January 15, 2013, U.S. Senator, Dianne Feinstein, sought to generate public interest in a new and incredibly ambitious federal “assault weapons” ban, modeled in substantial part on the “assault weapons” provisions of the NY Safe Act. The Sandy Hook Elementary School tragedy provided the pretext for this.Feinstein’s bill, used much of the language of Cuomo’s NY Safe Act, but to emphasize her personal distaste for firearms, the federal bill included over 110 specifically named firearms and categories of firearms. This categorization of specifically named firearms was unnecessary as the list was redundant. No matter, Subtitle A of Title XI “The Violent Crime and Control Protection Act of 1994” included the list anyway. Feinstein’s “assault weapon”, bill, if successful, would have caused the entire Nation to suffer the constraints on a weapon in common use by the American citizenry that Cuomo’s New York assault weapons ban has imposed on residents of New York.Fortunately for American citizens, Feinstein’s federal bill, the Assault Weapons Ban of 2013, went nowhere because the Senate Democratic Party Majority Leader at the time--Harry Reid--stripped Feinstein’s assault weapon ban out of a broader gun control bill that Democrats sought to pass. Senator Reid evidently believed that doing so would make the restrictive gun control measures more palatable to reluctant members of the Senate. Feinstein was furious, but Reid remained undeterred. The bill, sans Feinstein's “assault weapons” ban provision, was still soundly defeated on Roll Call vote of the Senate held on April 17, 2013.
IF BRETT KAVANAUGH IS CONFIRMED TO THE U.S. SUPREME COURT AS AN ASSOCIATE JUSTICE, A FEDERAL ASSAULT WEAPONS’ BILL THAT BECOMES LAW IS LIKELY TO BE STRUCK DOWN AS UNCONSTITUTIONAL.
Senate Democrats on the Judiciary Committee know full well that, even if they were to secure majorities in both Houses of Congress, any “assault weapons” bill they happen, in 2019, to enact into law would be immediately challenged on the ground that a ban on an entire category of weapons in common use is contrary to the core of the Second Amendment, as interpreted by the United States Supreme Court in the 2008 Heller decision and as reiterated by the high Court in the 2010 McDonald decision (561 U. S. 742, 780, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010)). Unlike the unhappy present situation with core Second Amendment cases that wend there way to the high Court, that are invariably not taken up for high Court review, this is likely to change with Brett Kavanaugh sitting on the U.S. Supreme Court as a petition for a Writ of Certiorari would likely be granted. Brett Kavanaugh would provide the crucial fourth vote necessary for a Second Amendment case (subsequent to the seminal Heller and McDonald cases) implicating the core of the Second Amendment, to finally be heard.** Once granted, and the case heard, a Conservative-wing majority, properly employing sound judicial and logical and jurisprudential reasoning, would likely determine that an outright ban on civilian ownership and possession of a substantial number of semiautomatic firearms—including handguns, rifles, and shotguns, as well as non-semiautomatic weapons, such as revolving cylinder shotguns, along with so-called large capacity magazines, that are all in common use in this Nation—would be and must be struck down as inconsistent with the import and purport of the Second Amendment, as interpreted by the high Court’s Majority in the U.S. Supreme Court Heller and McDonald cases. And this explains why Senate Democrats are particularly worried over the confirmation of Kavanaugh to the U.S. Supreme Court—enough so that they devoted substantial time to questioning Judge Kavanaugh over his methodology for resolving cases involving the Second Amendment. And this explains why the American people must suffer through a delay on a confirmation vote of the Senate Judiciary Committee, due to the 11th hour political stunt pulled by Senator Dianne Feinstein, herself. Feinstein has raised an issue concerning a naked, uncorroborated allegation against Judge Kavanaugh, of a purported event allegedly occurring decades ago, that the Senator learned about through a letter she received in July of this year, and which she had sat on all this time, obviously to bring up at an inopportune time as it serves purely as a convenient political delaying tactic. Chairman Grassley and Senate Democrats, sitting on the U.S. Senate Judiciary Committee, should not allow Democrats to turn the Confirmation process into a circus act. Unfortunately, Democrats are not acting alone. Senate Republican, Jeff Flake, who also sits on the Senate Judiciary Committee said he wishes to hear from Judge Kavanaugh's accuser before he will vote to allow the Confirmation process to proceed. It is no secret, though, that Senator Flake, who will be stepping down from the Senate, anyway, has no love for President Trump, and apparently takes delight in constantly admonishing him to the Press. It therefore stands to reason why Senator Jeff Flake would jump ship and play with Democrats in opposing the President's nomination of Judge Kavanaugh to sit on the high Court even though a brilliant jurist, such as Judge Kavanaugh, sitting on the highest Court in the Land would help preserve our free Republic and strengthen our Bill of Rights. Does Jeff Flake think so little of the President that he would be willing to sacrifice the well-being of both the Nation and the American citizenry by placing obstacles in the President's path. Apparently this is so. For our part, we believe that Jeff Flake cannot leave Congress soon enough. That is the best thing he can do for this Nation and its people.
IN OUR UPCOMING ARTICLE:
The methodology which Judge Kavanaugh utilizes to analyze and resolve Second Amendment cases, which Democrats sitting on the Senate Judiciary Panel, scarcely touched upon, but denigrated nonetheless, will be discussed in detail in our next article on the Kavanaugh U.S. Supreme Court Confirmation Hearing. We look specifically at Judge Kavanaugh's critical important dissenting opinion in the case popularly styled, Heller II (Heller vs. District of Columbia, 670 F.3d 1244 ; 399 U.S. App. D.C. 314; 2011 U.S. App. LEXIS 20130).___________________________________________*Associate Justice Byron White and Justice William Rehnquist dissented from the Majority Opinion, penned by then Chief Justice Warren Burger. Note: Justice Antonin Scalia had not yet been appointed to the high Court at the time Roe was decided. Justice Scalia was confirmed to the high Court in 1986, the same year that then U.S. President Ronald Reagan nominated Justice Rehnquist to serve as the new Chief Justice to replace retiring Chief Justice Burger, and whom the Senate subsequently confirmed as the new Chief Justice.Six years later, in Casey vs. Planned Parenthood, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992), the high Court essentially reaffirmed the holdings in Roe, namely that a Constitutional right to elective abortion exists, but only until viability as the State “has legitimate interests from the outset of the pregnancy in protecting . . . the life of the fetus that may become a child.” Casey vs. Planned Parenthood, 505 U.S. at 846. The majority in Casey held that an elective abortion is a fundamental right but the Casey Majority loosened the standard for determination of whether a State regulation unduly burdens a woman’s right to elective abortion. The Court replaced the stringent strict scrutiny approach, that favors a State’s interest in protecting an unborn child, to a lesser standard that would operate in favor of a woman’s decision for an elective abortion. Note: Justice Scalia who dissented from the Majority made clear that nothing in the Constitution elevates a woman’s decision to have an abortion to the that of a fundamental right. His dissenting opinion is critical to the methodology of textualism and originalism. Justice Scalia opined: “The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so.” Casey vs. Planned Parenthood, 505 U.S. at 978. Further, Justice Scalia opined:“That is, quite simply, the issue in these cases: not whether the power of a woman to abort her unborn child is a ‘liberty’ in the absolute sense; or even whether it is a liberty of great importance to many women. . . . A State’s choice between two positions on which reasonable people can disagree is constitutional even when (as is often the case) it intrudes upon a ‘liberty’ in the absolute sense. Laws against bigamy, for example—with which entire societies of reasonable people disagree—intrude upon men and women’s liberty to marry and live with one another. But bigamy happens not to be a liberty specially ‘protected’ by the Constitution.The [majority on the high] Court destroys the proposition, evidently meant to represent my position [which they in fact misrepresent, namely] that ‘liberty’ includes ‘only those practices, defined at the most specific level, that were protected against government interference by other rules of law when the Fourteenth Amendment was ratified,’ ante, 505 U.S. at 847 (citing Michael H. v. Gerald D., 491 U.S. 110, 127, n.6, 105 L. Ed. 2d 91, 109 S. Ct. 2333 (1989). That is not, however, what Michael H. says; it merely observes that, in defining ‘liberty,’ we may not disregard a specific, ‘relevant tradition protecting, or denying protection to, the asserted right,’ ibid. But the Court does not wish to be fettered by any such limitations on its preferences. The Court’s statement that it is ‘tempting’ to acknowledge the authoritativeness of tradition in order to ‘curb the discretion of federal judges,’ ante, 505 U.S. at 847, is of course rhetoric rather than reality; no government official is ‘tempted’ to place restraints upon his own freedom of action. . . . The Court’s temptation is in the quite opposite and more natural direction—towards systematically eliminating checks upon its own power; and it succumbs.” Casey vs. Planned Parenthood, 505 U.S. at 979-981. Justice Scalia’s remarks are directed against a jurist’s wrong, albeit, natural tendency, as is the case with anyone who wields power, but particularly jurists, who--specifically invoking the force of law in their decisions--operate without restraint, when they ought to be circumspect. As a result, such jurists tend to create an ever expansive array of dubious substantive rights. Not surprisingly, we see these same jurists irreverently curtailing fundamental rights and liberties that do exist and have existed since ratification of the Bill of Rights, namely and particularly, the right of the people to keep and bear arms, which they happen to be personally philosophically opposed to.AQ’s Note: The liberal wing of the Supreme Court—and the liberal wing of U.S. District Courts and U.S. Circuit Courts of Appeal, as well—sees fit to play with standards of review whenever it suits the result it wants. Thus, liberal wing judges and the liberal wing of the U.S. Supreme Court tend to revert to “interest-balancing” approaches to judicial review as that approach invariably serves to support the results they want, that is to say, tends to support predetermined decisions. Thus, in Second Amendment cases, liberal-wing Judges of the lower Courts and liberal-wing Justices of the high Court employ “interest-balancing” to support restrictive, draconian firearms’ regulations even where Government enactments clearly and blatantly impinge upon and infringe the right of the people to keep and bear arms—a right succinctly codified in the Bill of Rights. These same jurists also resort to “interest-balancing” in abortion cases, but, in those cases, rather than using “interest balancing” to support legitimate actions of Government that seeks to preserve the life of the unborn child, these jurists conclude that “balancing” the interests of Government, on the one-hand, and the interests of the individual on the other hand—the interests of the individual seeking abortion ought prevail over that of Government that seeks to protect the unborn child. With little wonder, then, Justice Scalia was leery of invoking a traditional, "interest-balancing" standard of review in Heller that might, after the fact, ostensibly, give judicial cover to a liberal-wing Judge who happens to detest the very existence of the Second Amendment.It is clear enough that some regulations, such as the District of Columbia law banning, altogether, citizen ownership and possession of handguns within the jurisdiction of the District of Columbia, are clearly, categorically unlawful. Thus, the majority in Heller saw no need to revert to an "interest-balancing" standard of review, when it rendered its opinion that the D.C. handgun ban is de jure unconstitutional; for, application of any traditional standard of review would amount to mere legal pretense—an empty, redundant exercise, devoid of import. Although Justice Scalia was circumspect in penning the Majority’s Opinion, one finds, clearly enough, when perusing the opinion, that the Majority in Heller knew full well that the D.C. handgun ban was audacious in its conception and abjectly ludicrous--a bald-faced "slap-in-the-face" at the fundamental right codified in the Second Amendment. The D.C. handgun ban therefore deserved no serious judicial consideration.If the Second Amendment in the Bill of Rights were to have any meaning and purpose at all, the D.C. restriction had, properly speaking, to be struck down, and struck down unceremoniously; and so it was. The Heller majority, though, used the case to exemplify once and for all, beyond any further need for clarification, that the right of the people to keep and bear arms is an individual right, unconnected to one’s service in a militia. With that point now clearly articulated, it was the fervent hope of the Heller Court’s majority, that Government action that fails to give proper deference to the right as codified in the Second Amendment would at once be struck down; and that it would be unnecessary for courts to go through tortuous gyrations to strike down firearms’ laws and regulations that are facially unlawful.Unfortunately, the late Justice Scalia, and Justices Thomas and Alito may not have realized the tenacity of governments and courts that abhor the Second Amendment, to find lawful governmental action that is facially and categorically unlawful. The philosophical disposition of jurists who personally abhor the Second Amendment, as we have seen, leads them to patently ignore the principal holdings of, and of the Majority's reasoning in Heller and McDonald, even as they perfunctorily mention those cases in their opinions to which they give no more than lip-service. Unfortunately, too, the late Justice Scalia, and Justices Thomas and Alito may not have realized the reluctance of moderates on the high Court--now the lone Chief Justice, John Roberts, now that Associate Justice Anthony Kennedy has retired--to take up cases that blatantly ignore Heller and McDonald. This means of course that this Nation requires the swift confirmation of Judge Kavanaugh to the high Court. Judge Kavanaugh would hold the crucial fourth vote, that would allow cases that infringe the core of the Second Amendment to receive high Court review that they deserve.The 11th Hour attempt by Senator Dianne Feinstein to throw a wrench into confirmation of Judge Kavanaugh must not be allowed to gain traction. If Republican Senators Jeff Flake, and Lindsey Graham, who sit on the U.S. Senate Judiciary Committee, and who, according to news reports, indicated they may refrain from allowing the vote on the confirmation of Judge Kavanaugh by the full Senate to proceed, then that would send a clear message to the American citizenry, that elected Donald Trump to the U.S. Presidency, that elements exist, both among Republicans and Democrats, who do not wish for the U.S. President to fulfill his promises to the American people. President Trump has promised to nominate people to the U.S. Supreme Court who believe in the sanctity of the Bill of Rights as ratified. A confirmation vote of the full Senate, on President Trump's nomination of John Kavanaugh to sit on the high Court, must proceed forthwith**See, Friedman vs. City of Highland Park, 136 S. Ct. 447, 193 L. Ed. 2d 483, 2015 U.S. LEXIS 7681, a Second Amendment case implicating the very core of the Second Amendment that failed to receive a critical fourth Supreme Court Justice vote, necessary for review. This case, as with others decided by liberal judges of the U.S. District Courts and U.S. Circuit Courts of Appeal, who take a very dim view of the right of the people to keep and bear arms, deals directly with the issue as to whether so-called "assault weapons" fall within the core of the Second Amendment.Jurists deciding these cases use methodologies at odds with the reasoning of the majority in Heller and McDonald. Not surprisingly, these Courts invariably find for the government and against the American citizen in holding that firearms defined as "assault weapons" in l0cal regulations or State law, are not protected by the Second Amendment. That was the finding of the U.S. Court of Appeals for the Seventh Circuit in the Friedman case. These are the pertinent facts of the case: The City of Highland Park, Illinois, bans the manufacturing, selling, giving, lending, acquiring, or possessing many of the most commonly owned semiautomatic firearms, which the City branded “Assault Weapons,” which many Americans own for lawful purposes like self-defense, hunting, and target shooting. The City also prohibited “Large Capacity Magazines,” a term the City used to refer to nearly all ammunition feeding devices that “accept more than ten rounds.” §136.001(G), id., at 70a. The City’s ordinances were challenged by an American citizen and resident of Illinois. The federal District Court for the Northern District of Illinois granted summary judgment for the City. The Petitioner appealed. The Seventh Circuit Court of Appeals that routinely upholds such bans, affirmed the decision of the District Court. The Petitioner appealed the decision to the U.S. Supreme Court. Certiorari was denied as the case did not receive a fourth critical vote from the Justices, necessary for the case to be heard. When cases are not decided for high Court review, the reasons for refusing to take up a case are not generally stated. The high Court simply asserts that a Petitioner's Writ is denied, and the Court leaves the matter at that. The nature of the votes cast by each Justice is never given, either. In the Friedman case, it is clear that the Seventh Circuit blatantly ignored the reasoning of the Majority in Heller and McDonald. The Writ for Certiorari should have been granted. It wasn't. It is clear enough that the liberal-wing of the Court and two members of the conservative wing, likely the so-called swing vote, Justice Anthony Kennedy, who recently retired, along with Chief Justice Roberts, did not want the case to be heard, and they did not want the case heard for a specific reason. They obviously feared that application of the holdings of Heller and McDonald, together with the reasoning of the majority in those cases, would dictate the overturning of the Seventh Circuit Court's decision in Friedman, and that, in turn, would result in a cascading effect, across the Country, where assault weapon bans would be overturned in every jurisdiction that presently ban or severely restrict the ownership and possession of a large category of semiautomatic weapons, including firearms that are not semiautomatic in operation, namely, revolving cylinder shotguns. Understandably, Justices Thomas and Scalia were livid that Heller and McDonald could and would dare be blithely ignored by jurists for ideological reasons, predicated on personal biases, mandating results that are contrary to law. Justice Thomas wrote a blistering dissenting comment in response to the high Court's failure to review the U.S. Court of Appeals for the Seventh Circuit's decision in Friedman. The late, eminent Associate Justice, Antonin Scalia, who penned the Heller decision for the Majority, joined Justice Thomas in the Associate Justice’s dissenting comment. We can reasonably infer that Justice Alito, who penned the majority opinion in McDonald, also voted in favor of reviewing the Friedman case, even though he did not join with Justice Scalia in Justice Thomas' dissenting comment. Even so, that meant that, at best, only three votes--one short, of the required minimum, four--were cast for high Court review of the Friedman case.Justice Thomas wrote in salient part:“[O]ur central holding in” District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008), was “that the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home.” McDonald v. Chicago, 561 U. S. 742, 780, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010) (plurality opinion). And in McDonald, we recognized that the Second Amendment applies fully against the States as well as the Federal Government. Id., at 750, 130 S. Ct. 3020, 3026, 177 L. Ed. 2d 894, 903; id., at 805, 130 S. Ct. 3020, 3058, 177 L. Ed. 2d 894, 938 (Thomas, J., concurring in part and concurring in judgment).Despite these holdings, several Courts of Appeals—including the Court of Appeals for the Seventh Circuit in the decision below — have upheld categorical bans on firearms that millions of Americans commonly own for lawful purposes. See 784 F. 3d 406, 410-412 (2015). Because noncompliance with our Second Amendment precedents warrants this Court’s attention as much as any of our precedents, I would grant certiorari in this case. . . . Instead of adhering to our reasoning in Heller, the Seventh Circuit limited Heller to its facts, and read Heller to forbid only total bans on handguns used for self-defense in the home. Based on its crabbed reading of Heller, the Seventh Circuit felt free to adopt a test for assessing firearm bans that eviscerates many of the protections recognized in Heller and McDonald.The Court’s refusal to review a decision that flouts two of our Second Amendment precedents stands in marked contrast to the Court’s willingness to summarily reverse courts that disregard our other constitutional decisions. E.g., Maryland v. Kulbicki, ante, at 1 (per curiam) (summarily reversing because the court below applied Strickland v. Washington, 466 U. S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), “in name only”); Grady v. North Carolina, 575 U. S. ___ , 135 S. Ct. 1368, 191 L. Ed. 2d 459 (2015) (per curiam) (summarily reversing a judgment inconsistent with this Court’s recent Fourth Amendment precedents); Martinez v. Illinois, 572 U. S. ___, ___ , 134 S. Ct. 2070, 2077, 188 L. Ed. 2d 1112, 1120 (2014) (per curiam) (summarily reversing judgment that rested on an “understandable” double jeopardy holding that nonetheless “r[an] directly counter to our precedents”).There is no basis for a different result when our Second Amendment precedents are at stake. I would grant certiorari to prevent the Seventh Circuit from relegating the Second Amendment to a second-class right.” Had Judge Kavanaugh been sitting on the high Court, instead of Justice Kennedy, at the time the Court was considering Petitioner’s Writ in Friedman, it is highly likely that Judge Kavanaugh would have provided the critical fourth vote necessary for the Friedman case to be heard, along with one vote each cast in favor of review from Justices Thomas, Gorsuch, and Alito. Were the Friedman case heard, then consistent with the Heller and McDonald holdings—and this is a point that bears repeating—it is also highly likely the majority on the high Court would hold that so-called “assault weapons,” which include many popular semiautomatic weapons, and other kinds of weapons, including shotguns that operate through revolving cylinders, do in fact fall within the core of the Second Amendment. That would put to effective rest all the media fanfare and ridiculous uproar over this matter. Thus, any legislation that bans the civilian citizenry of our Nation from owning and possessing such weapons would be struck down as unconstitutional. This, then, easily explains, in great part, the apoplectic reaction by progressives, and by other left-wing radical elements in our society, toward Judge Kavanaugh’s nomination to sit as the next Associate Justice on the U.S. Supreme Court. These left-wing elements know that unlawful legislation, which includes much of what it is they want, and what they would have obtained had Hillary Clinton won the 2016 Presidential election--and had she appointed non-originalists to the U.S. Supreme Court, which she would certainly have done--will not withstand judicial scrutiny at the level of the Supreme Court, with Judge Kavanaugh on the Bench. If Judge Kavanaugh is confirmed to sit on the high Court, that will put a damper on the efficacy of a Socialist agenda, ever coming to fruition, long after Donald Trump’s Presidency has ended. Thus, Donald Trump's legacy and, indeed, the jurisprudential legacy of the late Justice Antonin Scalia, will be preserved. Thus, the blood spilled by those who sought to create a free Republic, and the blood spilled by Americans, since--in all the wars and conflicts fought to maintain our free Republic--will not have been in vain._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
RELEASE THE MEMO: SENIOR OFFICIALS OF THE DOJ AND FBI HAVE BETRAYED THEIR OWN AGENTS OF THE RANK AND FILE AGENTS AND THEIR OWN ATTORNEYS, AND HAVE BETRAYED THE AMERICAN CITIZENRY
PART SIX
WHOM SHALL WE SAY IS HONORABLE, AND REALLY MEAN IT? WHOM SHALL WE SAY IS HONORABLE AND TRULY MERITS THE APPELLATION OF IT?
Friends, Romans, countrymen, lend me your ears; I come to bury Caesar, not to praise him. The evil that men do lives after them; The good is oft interréd with their bones; So let it be with Caesar. The noble Brutus Hath told you Caesar was ambitious: If it were so, it was a grievous fault, And grievously hath Caesar answer'd it. Here, under leave of Brutus and the rest— For Brutus is an honourable man; So are they all, all honourable men— Come I to speak in Caesar's funeral. He was my friend, faithful and just to me: But Brutus says he was ambitious; And Brutus is an honourable man. He hath brought many captives home to Rome Whose ransoms did the general coffers fill: Did this in Caesar seem ambitious? When that the poor have cried, Caesar hath wept: Ambition should be made of sterner stuff: Yet Brutus says he was ambitious; And Brutus is an honourable man. You all did see that on the Lupercal I thrice presented him a kingly crown, Which he did thrice refuse: was this ambition? Yet Brutus says he was ambitious; And, sure, he is an honourable man. I speak not to disprove what Brutus spoke, But here I am to speak what I do know. You all did love him once, not without cause: What cause withholds you then, to mourn for him? O judgment! Thou art fled to brutish beasts, And men have lost their reason. Bear with me; My heart is in the coffin there with Caesar, And I must pause till it come back to me.Act III, Scene 2, Julius Caesar, by William Shakespeare
DOJ, FBI OFFICIALS—INCLUDING PETER STRZOK, LISA PAGE, SALLY YATES, ROD ROSENSTEIN, ROBERT MUELLER, ANDREW MCCABE, JAMES COMEY, ANDREW WEISSMAN, JAMES RYBICKI, LORETTA LYNCH, AMONG OTHERS, SOME OF WHOM ARE KNOWN AND MANY OF WHOM REMAIN UNKNOWN, AND DEMOCRATIC PARTY CONGRESSIONAL LEADERS LIKE ADAM SCHIFF, AND DIANNE FEINSTEIN,—HAVE SOUGHT TO RAISE UP A LIKELY SERIAL FELON, HILLARY RODHAM CLINTON, AND HAVING BEEN UNABLE TO DO SO, SEEK EVEN NOW, AUDACIOUSLY, TO BRING LOW THE NATION’S PRESIDENT, DONALD TRUMP, A MAN WHO HAS BEEN ELECTED IN ACCORDANCE WITH THE RULES AND LAWS OF OUR COUNTRY. THESE SENIOR OFFICIALS OF THE DOJ, FBI AND CONGRESSIONAL DEMOCRATIC LEADERS CONTINUE TO BETRAY THIS NATION AND TO BETRAY ITS CONSTITUTION AND TO BETRAY ITS PRESIDENT AND HAVE BETRAYED AND CONTINUE TO BETRAY THE AMERICAN CITIZENRY—BUT, SURELY, THEY DID SO AND CONTINUE TO DO SO FOR GOOD CAUSE AS THEY ARE HONORABLE, ALL OF THEM, HONORABLE MEN AND WOMEN.
Bureaucrats of the Deep State and Congressional Democrats are frightened, and discontented, and are quietly seething with rage. There is no other accurate way to put it. Since Hillary Clinton lost the election, they have been hard at work, attempting to destroy Donald Trump and the Trump Administration--partly as payback for the audacity of Trump to snatch the Presidency from the grasp of Hillary Clinton. The problem for these Congressional Democrats and Bureaucrats of the Deep State is that they must come out of the shadows and demonstrate not only how much they loathe Trump but the extent of their contempt for the American people.Had Hillary Clinton prevailed in the 2016 U.S. Presidential election, as these Bureaucrats of the Deep State and as Congressional Democrats had hoped, and, indeed, had assumed, the slow dissolution of our Country as an independent sovereign Nation, and the slow undermining of our sacred Bill of Rights would have continued, quietly, surreptitiously, inexorably, unabated. But, because Hillary Clinton lost the election, the betrayers of this Nation must show their hand. They are forced to cover their tracks, and, at one and the same time, they brazenly attempt to undermine the President of the United States, Donald Trump. Even now they are hard at work to warp this Nation into a thing completely alien to it--something completely at odds with the founders vision for it. These Congressional Democrats and Bureaucrats of the Deep State operate seemingly oblivious to the fact that the American electorate has spoken. Clinton has not won the election. Her imperial ambitions are done, finished.The American electorate has had enough of the Clintons and of Obama. It has seen the damage wrought by the Obama Presidency--damage that would not have been redressed but that would have continued into a Clinton Presidency--and the electorate has voted into Office, a man who has a new vision for this Country, a man who seeks to set the Nation on its proper course, a course consistent with the vision that the founders of the Nation, the framers of our Constitution, had desired for this Country.Yet, the betrayers of our Nation will not abide this. Unfortunately, their reach extends well beyond the Bureaucratic institutions of our Government. These betrayers have infiltrated the business, financial and technology sectors of the economy, and they have infiltrated the institution of education and they have infiltrated the entertainment and media industries.The mainstream news media Press continues its rampant, rabid assault against President Trump, all the while claiming disingenuously, that it is simply reporting the “truth.” But, "this truth” to which they ascribe is an amorphous, flexible concept and they use their notion of “truth” to discourage, trouble, and confound the public.And, the Deep State Bureaucrats of the DOJ and FBI and intelligence agencies, for their part, misuse regulatory power, all the while claiming to do so to secure our national security. How it is that senior officials of the FBI would fail to recommend that charges be brought against a likely career felon like Hillary Clinton and how it is that officials of the DOJ would fail to indict this person, doing their damnedest to see to it that she continue her run for President of the United States stretches credulity. Yet, the mainstream media Press assert the integrity of these senior Officials of the DOJ and FBI, and Congressional leaders of the Democratic Party also assert and proclaim the integrity of these senior Officials of the DOJ and FBI. And these men and women, these senior Officials of the DOJ and FBI do, themselves, proclaim their integrity and forthrightness. And, of course these men and women of indelible integrity, that exude such purity and piety, are honorable, all of them truly honorable men and women.Should the American citizenry doubt this, any of it? And, what of Hillary Clinton? What an abundance of integrity stuffed in the encasement of her body. Did Hillary Clinton commit numerous felonies? Of course not! How do we know. We know this because FBI Officials such as James Comey and Andrew McCabe and Peter Strzok say so. And, we can take them at their word. Because these men, of course, all of them, do exude an abundance of integrity. And they are all, all of them, truly honorable men.And, Robert Mueller? What can we say about him? Robert Mueller is said by his proponents to exude the utmost integrity. Can anyone reasonably doubt that? But, if he had such integrity, would this man—this man of integrity, this honorable man—deign to have reason to investigate the President of the United States? Robert Mueller, this man of integrity, of honor, of rectitude, must think that the President and the President’s Campaign Officials and the President’s Cabinet have engaged in subterfuge with Putin and the dastardly Russians. After all, Russia, the evil empire of Vladimir Putin, is attempting to destroy our Democratic Republic, don’t you know? And, how do we know? We have it on faith. We have it from the words of an honorable man, Adam Schiff and we have it from the words of an honorable woman, Dianne Feinstein—for they are all, both of them truly honorable people. This honorable man and this honorable woman has the best interests of the American people at heart. Who among the American citizenry can reasonably doubt that? Can any American citizen truly doubt that?Look at all that these Congressional Democrats have done for us, and all that they will do for us if Americans would just give them the chance. And, yet, with so many months that have gone by and with so much taxpayer money expended, with so many Federal Governmental resources at his disposal, what has this man, Robert Mueller—this man of integrity, this man of honor—come up with? Nothing! There is not shred of evidence of criminal dealings between Trump Campaign or Administrative Officials and the Russians that can be presented to a Court of competent jurisdiction But, how can this be? There must be evidence of collusion! So, Robert Mueller and his team keep looking, and digging, and expending millions of taxpayer dollars. and utilizing substantial Governmental resources chasing after bugaboos. What a quandary. Robert Mueller and his team must come up with something concrete. And, if, when all is said and done, Robert Mueller and his team come up empty, what then? They will just try to come up with evidence of another crime. Perhaps, they have found it: the amorphous, flexible crime, “obstruction of justice.” That’s it: obstruction of justice! And, if obstruction of justice doesn’t exist, well, then, why not manufacture it? And, Congressional Democrats give Robert Mueller and his team, their blessing. And, they continue their merry way. The American citizen loses out as the U.S. President continues to be relentlessly attacked and besmirched.
AND NOW WE HAVE THE FEINSTEIN AND SCHIFF LETTER CONTINUING TO PLAY UP THE FICTION OF RUSSIAN MEDDLING AND INTERFERENCE IN THIS COUNTRY’S AFFAIRS, AS IF THE RUSSIANS COULD POSSIBLY HAVE HAD REAL SUCCESS AGAINST US. THAT SAYS VERY LITTLE ABOUT OUR STRENGTH OF WILL, OF OUR FORTITUDE. YET, CONGRESSIONAL DEMOCRATS CONTINUE TO TREAT AVERAGE AMERICANS LIKE FORLORN LITTLE LAMBS, WHO HAVE TO BE CONSTANTLY GUIDED AND OCCASIONALLY CHIDED AS THEY ARE OTHERWISE LIKELY TO GO ASTRAY.
We have an open letter from Dianne Feinstein (S-CA) and Adam Schiff (R-CA), directed to Chairman and Chief Executive Officer of Facebook, Inc., Mark Zuckerberg, and directed to Jack Dorsey, Chief Executive of Twitter, Inc., pleading with these Billionaire to take action against— “the Russians.” And, how is it that this ogre, “the Russians,” are undermining this Country? Feinstein and Schiff claim the Russians are now using “Bots” in a campaign to manipulate public opinion to undermine the Mueller investigation. Senators Feinstein and Schiff exclaim that it is the Russians, and not the American people, who are clamoring for release of the House Intelligence Committee Memo. And, if it is, indeed, the Russians, who are shouting for release of the Memo, then, why should it be released? Obviously, this Nation need not appease the Russians. But, if it were really the American people who seek release of the Memo, then, why not release it? Does not Congress need to appease the American people? Senators Feinstein and Schiff don’t think so, but they can’t say that. It has to be a Russian conspiracy.So, then, the American people are to believe that the bogeyman, this Chimera, the Russians, are behind the attempt to malign Mueller, and Officials of the DOJ and FBI, and that release of the House Intelligence Committee Memo would demonstrably detract from Robert Mueller’s investigation. And, we should believe Dianne Feinstein and Adam Schiff because they are, after all, both of them, honorable people. They seek only what is best for the citizens of this Country and what might that portend, apart from undermining the Trump Presidency. Well, consider: (1) providing amnesty and citizenship to millions of illegal aliens and keeping our Nation’s borders open and porous, as this will ensure a ready influx of ever more illegal aliens and provide a useful conduit for introduction of illegal drugs into this Country, cheap labor, bloated Welfare rolls, and “votes” by their grateful minions; (2) repealing the Second Amendment because firearms are dangerous American citizens cannot be trusted to wield them and therefore should not have access to them; (3) destroying statues and monuments across our Country and rewriting our Nation’s history to better fit a fictional narrative they wish to convey for our Nation; (4) clamping down on freedom of speech, under the First Amendment, to prevent Americans from saying anything that may offend some individuals’ finer sensibilities, notwithstanding U.S. Supreme Court rulings on that very issue; (5) increasing rampant globalization across all business and financial sectors as this will assist in the continued destruction of small business in this Country and undermine American craftsmanship and labor; (6) flooding this Nation with millions of Muslim refugees, as they are incapable of assimilation and their presence here will help create further upheaval in our Nation, assisting in the fracture of the American psyche, which is deemed to be a good thing; (7) subordinating our Constitution and system of laws to international laws and subordinating our Courts to foreign courts and foreign tribunals, as the undermining of our Nation’s laws will allow for a smoother transition of this Nation into a new pan-world Order, controlled by a small cadre of people who know what is best for everyone else; (8) denigrating the concept of ‘citizenship’ because Americans are to be considered “citizens of the world,” not citizens of the United States, which is considered parochial, and nationalistic, which is considered a bad thing; (9) continuing endless wars because war will fill multinational corporate coffers and volatility around the world serves the goals of the trans-nationalist, internationalist globalist "elites." And, under no circumstances should Americans malign senior Officials of the DOJ AND FBI because doing so tends to undercut the cohesiveness of those organizations and causes the American citizenry to doubt the integrity of those organizations. Well, that is the whole point, isn’t it? If the illusion of integrity is shattered, then it is for good cause, as the American people have to put that “house in order.” But, the senior leadership of the DOJ and FBI don’t see it that way. And, now we have, an Assistant Attorney General castigating the House for pushing for release of the House Intelligence Committee Memo to the American people, as reported by the political news website, "the hill":“Assistant Attorney General Stephen Boyd in a letter to the chairman of the House Intelligence Committee, Rep. Devin Nunes (R-Calif.), said the Republican push to release a memo they say reveals political bias at the DOJ AND FBI would be ‘extraordinarily reckless' without a review by those agencies.” Yes, and the DOJ and FBI have always been so forthcoming to Congress. Here’s a news flash for Stephen Boyd: Congress doesn’t work for the FBI or the DOJ or, for that matter, for any other department, agency, or bureau of the Executive Branch of Government; and, so Congress doesn’t answer to the DOJ and FBI or to any other Executive Branch Department, Bureau or Agency. Congress is a co-equal Branch of Government and works for and answers only to the American people. Congress provides—or is supposed to provide—oversight of the DOJ, FBI, and of the myriad and certainly bloated intelligence apparatus of this Nation—not the other way around. And, Congress needs to exercise oversight in light of decades of abuses of these Departments, Bureaus, and Agencies. What has been extraordinarily reckless are the actions of Senior Officials in the DOJ and FBI. And, Stephen Boyd’s letter on its face demonstrates disrespect toward Congress, incredible insolence, and unbridled arrogance. In a word, the letter is ‘insulting.’Contrary to Boyd’s protestations release of the House Intelligence Committee Memo to the American citizenry, is just what this Country needs from the Federal Government--transparency, the thing much mentioned by Congressional leaders and then-President Barack Obama, too, but never embraced. The contents of the Memo are certainly meant to alarm the American citizenry as Americans will immediately be privy to gross and pervasive abuses in the bloated Federal DOJ and FBI—abuses that amount not merely to wrongs that may be ascribed to momentary ethical lapses and poor judgment but, matters that rise to the level of serious crimes against this Nation, against this Nation’s Constitution and laws, and against this Nation’s citizenry. Release of the House Intelligence Committee Memo that Republicans of the House Intelligence Committee prepared simply helps to set matters right. House Republicans simply wish to inform the American public of the fact of rogue elements in the DOJ and FBI that are doing a disservice to this Country, and to this Country's Constitution and laws, and to this Country's citizenry and that these individuals within the Justice Department must be brought to justice themselves. That was certainly the point of the Memo's creation. And, where is the harm in that? None! There is harm, indeed, if rogue elements in the DOJ and FBI are not brought to justice. It is not surprising that Stephen Boyd would argue against release of the Memo, masking his concern over its release under the cloak of national security, when, what it is he really wishes to do is prevent the American public from seeing evidence of criminal conduct at the top law enforcement organization of the Nation.Nothing is worse than top police officials of the FBI and top attorneys of the DOJ who have besmirched their duty to this Nation, to the Nation’s Constitution and to the American people and who seek to keep their crimes secret. The House Intelligence Committee Memo does not need to be reviewed by and ought not be reviewed by and must not be subject to review by the DOJ and FBI Officials, who, in testimony before Congress, in recent months, have, themselves, for their part, been less than forthcoming and less than forthright.Stephen Boyd shows incredible nerve and audacity in his admonishment to Congress. The letter operates—as it obviously was meant to—as a scurrilous threat to Congress, really—as Boyd obviously wishes to keep the Memorandum away from the eyes of the American citizenry and to bury the Memorandum in the hidden recesses of the FBI.What is evident is that many Congressional Democrats and many senior Officials of the Deep State are about to be found out for what they are: corrupt, vindictive, belligerent, and arrogant functionaries of Government who are all “too full of themselves.” Their arrogance makes them blind to the ludicrousness and audaciousness of their actions. They clearly have nothing but contempt for the American people and that is shown in their actions and recent “letters.” They may see themselves as safeguarding this Nation; and even that may be giving them more credit than they deserve. For, despite their high-minded oratory, they truly care not one whit about the American people. They care only for and about themselves. The goals and aims they have for this Nation do not reflect the will of the American people and are at odds with the Founders’ vision for this Nation. The actions of Congressional Democrats and of these senior Officials of the Deep State ultimately belie their words. They have betrayed this Nation and continue, cavalierly, to do so. They have betrayed this Nation’s Constitution and its laws and believe they can continue to do so, for who will stop them? And they have betrayed the American people, and, even now, show their absolute contempt for the people. And, yet, for all that, they perceive themselves to be honorable, all of them, honorable men and women.’
THERE ARE, IN FACT, MONSTERS IN OUR MIDST; BUT THEY AREN’T THE RUSSIANS.
If there are monsters roaming about in the Land, they aren’t the Russians. They are, unfortunately, all too many Americans in high Office—those occupying leadership positions in Congress and senior leadership positions in the Federal Bureaucracy. These individuals live among us and have insinuated themselves, apparently inextricably, into the deepest recesses of our Nation’s institutions—something the Russians, whom they castigate, could never do and probably would never care to do even if they had the opportunity.Russians and Americans would serve each other better, today, as allies, on many fronts, than as opponents. The Democrats don't see it that way. They are still fighting the Cold War. But, too, these Congressional Democrats and Congressional Centrist Republicans, too, seek to entangle the U.S. into the political horror of the EU. Brussels and the Rothschild clan constitute more of a threat to the continued independence and sovereignty of the United States and more of a threat to the supremacy of our Constitution and laws than anything posed by Russia.These “Americans,” Congressional leaders like Schiff, and Feinstein, Schumer, and Pelosi and the rest of that motley troupe, along with senior Bureaucratic Officials of the DOJ and FBI and their minions seek to thrust their will on the rest of us, as they believe that they know what is in the best interests for all of us. Or, perhaps, they don’t care as they are working for their benefactors, those shadowy, secretive trans-nationalist, internationalist globalist “elites” who have a view of and goal for the World that serves their interests, not those of the American people or, for that matter, for the interests of the people of any Nation State, either.The Democratic Party leadership and senior Officials in the Federal Bureaucracy seek to thrust their reality on all Americans even as, in so doing, they blatantly trample on our laws, our Constitution, and even as they boldly lie to the American people, claiming, disingenuously, that they support our laws, our Constitution, the “rule of law.” They do not.They and their trans-nationalist, internationalist globalist benefactors are the real monsters as they pose the real and continuous threat to the continued existence of our Country as a Free Republic and as an independent sovereign Nation. They are the real threat to the sanctity of the American soul and psyche and they seek to thwart the American people, viewing them less as citizens and more as servile subjects who are meant to serve them and their interests. They seek a metamorphosis of our Nation and its people; they seek to undercut the sacred rights and liberties the framers of our Bill of Rights etched in stone. They are the betrayers of our Nation and of our heritage, and they intend to defeat the American people.
AND WHAT ARE THE TOOLS OF CONQUEST THAT THESE MONSTERS EMPLOY TODAY? ARE THEY FORCE OF ARMS? OR, ARE THEY, RATHER, HIGH-MINDED POLITICAL RHETORIC COUPLED WITH DECEPTIVE, DECEITFUL ACTION—FLOWERY, POMPOUS WORDS COUPLED WITH ACTION MEANT TO UNDERCUT OUR LAWS? WHAT THE AMERICAN PEOPLE ARE WITNESSING IS A CAREFUL SCHEME OF DECEPTION THAT CARRIES THE PRETENCE OF ADHERENCE TO THE RULE OF LAW BUT ACTUALLY DENIGRATES AND ENDANGERS IT AND, SO, OPERATES AS A BETRAYAL OF THE AMERICAN PEOPLE. AND, ALL OF THIS CAREFULLY CONCEIVED SCHEME OF BETRAYAL IS ORCHESTRATED IN SECRET BY CALCULATING RUTHLESS INDIVIDUALS, BEHIND CLOSED DOORS, IN THE DARK, AWAY FROM THE EYES AND EARS OF THE ELECTORATE, WHOM THEY PRETEND TO REPRESENT.
“The tools of conquest do not necessarily come with bombs and explosions and fallout. There are weapons that are simply thoughts, attitudes, prejudices – to be found only in the minds of men. For the record, prejudices can kill – and suspicion can destroy – and a thoughtless frightened search for a scapegoat [Martians? Russians?] has a fallout all of its own – for the children – and the children yet unborn. And the pity of it is – that these things cannot be confined – to the Twilight Zone.” Closing remarks of Rod Serling, from the Twilight Zone Episode, “The Monsters are Due on Maple Street.” First Aired, March 4, 1960.
CALL YOUR CONGRESSIONAL REPRESENTATIVE! DEMAND RELEASE OF THE HOUSE INTELLIGENCE COMMITTEE MEMO
The American citizenry should be appalled by the extravagant misuse of Government power and authority. Please contact your House Representative. Demand release of the House Intelligence Committee Memorandum that Representatives Jordan and Gaetz refer to, at once. The phone number is: 202-224-3121.______________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
RELEASE THE MEMO: MAINSTREAM MEDIA NEWSPAPERS FAIL TO KEEP PUBLIC INFORMED OF THREAT POSED TO THIS COUNTRY FROM WITHIN
PART TWO
WHY AREN'T MAINSTREAM NEWS ORGANIZATIONS COVERING THIS HOTBED MATTER?
MAINSTREAM MEDIA BLACKOUT OF DAMNING HOUSE INTELLIGENCE COMMITTEE MEMO ABETS DOJ/FBI CONSPIRACY TO TAKE DOWN U.S. PRESIDENT
With all the media buzz about the Government shutdown, the more pressing matter, by far, is this: Conspiratorial DOJ and FBI Officials and, perhaps, other high-ranking Obama Administration hold-overs of the Deep State have surreptitiously planned to overthrow Donald Trump. The odd thing is that this silent coup is still unfolding. It is unfolding, like a seemingly radiant—at least as presented to the public by Congressional Democrats—but clearly poisonous and deadly flower—and all of it with the passive, placid consent and connivance of mainstream media news organizations and outlets.The House Intelligence Committee Memo, would, as House Intelligence Committee Republicans make plain, explain clearly the reprehensible, insidious conspiracy afoot, within this Country, to oust Donald Trump from Office.We begin with this: the Fusion GPS Dossier, a work of fiction, concocted by ex-British spy, Christopher Steele, comprising uncorroborated, garbage meant to compromise Donald Trump—commissioned and paid for by Hillary Clinton and the DNC, which she controls, and which she had hoped would assure her victory in the 2016 U.S. Presidential election, and which now serves as the primary force behind Special Counsel Robert Mueller’s investigation of collusion between Trump Campaign Officials and the Russian Government.The Fusion GPS Dossier serves as the predicate basis for Special Counsel, Robert Mueller’s investigation of Donald Trump and his Campaign Officials. This Special Counsel, Robert Mueller, along with other Deep State Conspirators—whose names undoubtedly appear in the House Intelligence Committee Memo—seek, together, to take down Donald Trump. The Fusion GPS Dossier also serves a complementary purpose for these Conspirators. It serves, at one and the same time to draw attention away from Hillary Clinton and other likely criminals who worked for and who would have had jobs in Clinton’s Administration had she prevailed in the 2016 election. Now that she has lost the election, she remains vulnerable to a new investigation of her many criminal actions when she served as Secretary of State in the Obama Administration.Obviously, Hillary Clinton, and the toadies and hangers-on who served her, along with mainstream news media organizations and Congressional Democrats—all of them—are furious that Hillary Clinton lost the election. What does this mean for the Country? Well, apart from the shattering of Clinton’s personal delusions of grandeur, we see, thankfully, an abrupt end to President Barack Obama’s domestic and foreign policy agenda. Hillary Clinton, as with Barack Obama before her, would have taken her cues from the secretive, ruthless, powerful, trans-nationalist, internationalist, globalist “elite” who seek to dismantle this Nation’s Constitution, and who intend to make the U.S. a vassal of a new world order, which the EU gives the American public some intimation of.
WHY DOES CONGRESS ALLOW THE SCAM OF THE MUELLER INVESTIGATION TO CONTINUE?
To date, after several months of “investigation” of collusion between Trump Campaign Officials and the Russian Government, Special Counsel, Robert Mueller, has come up with nothing, because there is nothing. Congressional Democrats, though, want the investigation to continue. In an obvious and blatant attempt to give the Mueller investigation an aura of respectability and to suggest that the Mueller probe constitutes something more than a rip-off to the American taxpayer, Senator Dianne Feinstein (D-California), “released,” ostensibly on her own, according to the liberal news media website, Politico, “the transcript of congressional investigators’ interview in August 2017 with Fusion GPS co-founder Glenn Simpson, whose firm was behind the controversial dossier alleging ties between President Donald Trump and Russians.” Politico provides a link to the transcript. On perusal the transcript is nothing more than a compilation of bald, hearsay assertions that would not be admissible in a Court of law.It is time to end the illegal farce of the Mueller investigation. Further, the American public should demand a renewed—and this time, true and proper—investigation of Hillary Clinton and of those toadies who have aided and abetted her, along with an investigation of the conspirators who orchestrated and who are even now systematically machinating behind the scenes, blatantly, smugly, continuing to carry out their detailed, despicable, diabolical operation to destroy the Trump Presidency and to undermine the will of the people of this Country.In a renewed investigation of Hillary Clinton and her many henchmen, along with an investigation of those responsible for attempting to undermine the Trump Presidency, the Arbalest Quarrel demands that Attorney General Jeff Sessions appoint a new cadre of FBI agents and officials, and a new cadre of DOJ attorneys and officials—uncorrupted Americans, beyond reproach, unconnected with and untainted with the conspiracy to protect Hillary Clinton and unconnected with the conspiracy to destroy the U.S. President Donald Trump—to conduct these investigations.
SO, THEN, WHY AREN’T THE MAINSTREAM NEWSPAPERS REPORTING ON THIS FARCE AND DEMANDING, ON BEHALF OF THE AMERICAN CITIZENRY, A RELEASE OF THE CLASSIFIED HOUSE INTELLIGENCE MEMO THAT LAYS BARE THE INDIVIDUALS IN GOVERNMENT WHO, UNDER COLOR OF LAW, ARE USING THE POWER OF THEIR OFFICE IN THE DOJ AND FBI, AND, POSSIBLY, IN THE CIA AND NSA AS WELL, TO MACHINATE AND CONSPIRE TO DESTROY THE TRUMP PRESIDENCY AND, THEREIN, TO UNDERMINE THE WILL OF THE AMERICAN PEOPLE WHO ELECTED DONALD TRUMP TO SET THIS COUNTRY ARIGHT: STRENGTHENING THIS COUNTRY’S BILL OF RIGHTS; ENSURING THIS NATION'S SYSTEM OF LAWS, THIS NATION'S CONSTITUTION, AND THAT THIS NATION'S JURISPRUDENCE ARE NEVER SUBORDINATED TO THOSE OF ANY OTHER NATION, PERSONS, OR LEGAL ENTITY; ENSURING THAT OUR CORE VALUES REMAIN IN PLACE AND THAT OUR NATION’S HISTORY IS NOT FORGOTTEN; SECURING OUR NATION’S BORDERS; PROTECTING OUR COUNTRY’S SMALL BUSINESSES AND WORKERS FROM THE EFFECTS OF RAMPANT GLOBALIZATION; PROTECTING THE SANCTITY OF THE INDIVIDUAL; AND KEEPING MEANINGFUL THE CONCEPT OF ‘CITIZEN’ THAT IS IN DANGER OF BEING ERODED AND DEGRADED THROUGH THE VERY EXISTENCE OF MILLIONS OF ILLEGAL ALIENS PRESENT WITHIN OUR BORDERS, ABSURDLY CLAIMING THEY HAVE A "RIGHT" TO REMAIN HERE?
One would think that The mainstream Press would be all over this. It isn’t. The left-wing mainstream New York Times, whose motto is “all the news that’s fit to print,” reports nothing. Of course, The New York Times, debasing the sacred protection afforded the Press, under the First Amendment to the U.S. Constitution allows itself to be used as a tool of—or, more likely, is itself complicit in—the coup attempt to oust a popularly elected U.S. President. So, the NY Times reports nothing.Non-information—a veritable news blackout of critical events—is even more damaging to the maintenance of a free Republic than news distortion—i.e., reporting “fake” news, consisting of disinformation or misinformation, meant to deceive the public and to turn public attention toward trivial or irrelevant matters. Campaigns of deliberate deception, carried out by the Press through non-information, misinformation, and disinformation destroy a news organization’s credibility. To be sure, an astute reader may glean nuggets of truth even from misinformation or disinformation. But a total news blackout--a complete censoring of news--is a different sort of beast, as there is nothing to glean from a void in the news.We would expect news blackouts in Countries ruled by totalitarian regimes, not in Democratic Republics. News blackouts occurring in a Free Republic, such as the U.S., are heinous. The mainstream news media hides behind the First Amendment, claiming to work on behalf of the American people. Not so! They abet conspirators who seek to overthrow a popularly elected leader of our Nation.This is not the first time that a mainstream news organization, namely and specifically, The New York Times, hides news that is definitely fit to print. Indeed, it is the Times' new policy, now etched in stone, to keep their news reporters on a tight leash. The Arbalest Quarrel has recently written about the Times’ new gag order on its own reporters. See our article, titled, The Mainstream Media New York Times Newspaper’s New “Gag Order” Policy Prevents Its Employees From Exercising Their Right Of Free Speech Under The First Amendment To The U.S. Constitution.We guess that no other mainstream newspaper has reported on this apparent diabolical coup attempt—an attempted coup d’état of the Executive Branch of Government that is still unfolding, a matter more dangerous than the Watergate exposé that the Washington Post had written extensively on. Where is the Washington Post now? We see just a smattering of this frightening and provocative news in that news publication. Apparently, neither the Washington Post nor The New York Times, and likely no other mainstream media newspaper considers the overthrow of a legitimate U.S. President—who wishes only to do his job to faithfully execute the laws of this Country in accordance with his Oath of Office and who seeks to strengthen the Bill of Rights—to amount to news that most mainstream media news organizations like The New York Times considers the kind of news that’s fit to bring to the attention of the American citizen.Even conservative leaning Wall Street Journal, too, has nothing to say about the House Intelligence Committee Memo that Republican Congressmen, Matt Gaetz and Jim Jordan first brought to the attention of the American public in the last week’s Hannity broadcast. Gatekeepers of information obviously exist on both the “right” and “left” of the political spectrum. The American public is caught in the middle, deceived from this bastion of Democracy—this Fourth Estate—that claims to be the guardian of American Democracy. Instead, the Press, too, betrays the American people.Why is that? Instead of discussing and investigating a despicable coup attempt of the Executive Branch of Government, these mainstream news media organizations dwell on the illicit Obama created programs, DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans)—illegal schemes hatched by the Obama Administration to place this Nation in the very situation it faces today: what to do with 180,000 illegal aliens, along with their parents; and, for that matter, what to do with millions of other illegal aliens who do not belong here; never should have been here; should have been prevented from entering here; should have been removed from our Country years ago; and, that removal having been suspended, should certainly be removed from our Nation now as their very existence in this Country amounts to a slap-in-the-face of our naturalization laws and threatens the stability of the social, political, economic, legal and cultural fabric of this Nation.
THE ENDGAME OF OUR NATION IS UPON US
If DOJ and FBI conspirators succeed in this horrific coup attempt to upend the Trump Presidency, we will see further erosion of First Amendment free speech rights and the undermining of the Second Amendment. The Mueller investigation is, itself, in its very existence, an illegal and reprehensible attack on the unreasonable searches and seizures clause of the Fourth Amendment that should shock the conscience of all American citizens.In Part three of this multi-series article, we look at plausible federal crimes these DOJ and FBI conspirators can feasibly be charged with—once their names—all of them—are known to the American people. For, these individuals constitute a far greater and graver threat to the well-being of this Country, and to its citizenry, and to its Constitution, than any threat emanating outside this Country. And, in further articles, we will continue discussing this critical matter until justice is meted out to those who have corrupted their Office, who exhibit disdain for our citizenry, who have stained our Constitution, and who threaten the very existence of our Republic.The Arbalest Quarrel calls on Congress to expose to the light of day, the rot that festers within the bowels of the Federal Government bureaucracy. Release the Memo now!Please do your part. Tell Congress to release to the American public the House Intelligence Committee Memo that describes DOJ and FBI FISA Court abuses. The phone number to call is (202) 224-3121. That number will connect you to the U.S. Capitol switchboard. Follow the prompts to connect to U.S. Representatives and to U.S. Senators in your State._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
HEARING OF THE U.S. SENATE COMMITTEE ON THE JUDICIARY ON NICS REPORTING AND FIREARM ACCCESSORY REGULATION
WHAT IS THE GOAL OF CONGRESS: TO REPAIR AND IMPROVE NICS REPORTING REQUIREMENTS OR TO TURN NICS INTO A MASSIVE FIREARMS REGISTRATION SCHEME?
"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." ~ Thomas Jefferson’s Literary Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774—1776On Wednesday, December 6, 2017, the United States Senate Committee on the Judiciary, presided over by Chairman Chuck Grassley, R-IA, held a three-hour Hearing on firearms, titled, “Firearm Accessory Regulation and Enforcing Federal and State Reporting to the National Instant Criminal Background Check System (NICS).” The full Committee attended. That included the Ranking Democratic Member of the Committee, and virulent opponent of the right of the people to keep and bear arms, Dianne Feinstein, D-Calif. CSPAN televised the Hearing.Two panels convened. The first one included senior officials of the ATF, FBI, the Secretary of the U.S. Air Force, and the Inspector General of Department of Defense. The second panel convened included, inter alia, a survivor of the Las Vegas mass shooting tragedy, Heather Gooze, who was the first to speak; two Second Amendment legal experts, David Kopel and Stephen Halbrook; and the Montgomery County Chief of Police and Major Cities Chiefs Association President, J. Thomas Manger.The two mass shooting incidents—one occurring during the Harvest Music Festival in Las Vegas, Nevada, on October 1, 2017 and the second occurring at First Baptist Church in Sutherland Springs, Texas, roughly one month later, on November 5, 2017—served, evidently, as the impetus for and the backdrop for this Hearing. The Senate Judiciary Committee focused its questioning of the first panel on: one, the mechanics of criminal and mental health reporting requirements, two, the sharing of data or lack of sharing of data between State and federal police agencies, and, three, the failure of Governmental agencies, both federal and State, to maintain accurate, reliable, and complete databases on those individuals who are not permitted to possess firearms. The Senate Judiciary Committee focused questioning of the second panel on firearms—semiautomatic rifles—that the killers, Stephen Paddock and Devin Patrick Kelley allegedly utilized to murder innocent people.The purpose of this article is not to delve into the interstices and intricacies of the Senate Hearing but to inform the American public of the fact of it and the specific concerns addressed during it that cast in high relief the dangers posed to preserving the sacred right embodied in the Second Amendment.Antigun proponents, through their Congressional representatives—Senate Democratic Party members of the Senate Judiciary Committee, including ranking Democratic Party member, Dianne Feinstein, and her principal cohorts, Patrick Leahy, Richard Blumenthal, Dick Durbin, and Sheldon Whitehouse, among others—wish to move the National Instant Criminal Background Check System (NICS) and other criminal and mental health databases into an efficient and massive and broad digital firearms registration scheme, embracing more and more individuals and incentivizing the military and the States to add comprehensive criminal and mental health data into NICS and other databases. Through this Hearing, and through recent comments of antigun proponents in news broadcasts, we see renewed efforts by antigun proponents, stoked by the recent mass shooting incidents—to weaken the Second Amendment beyond past efforts. Emboldened, we see efforts afoot by antigun proponents to transform NICS and other federal and State databases into a comprehensive digital firearms’ registration scheme, wrapping it into a more restrictive, draconian criminal and mental health background check scheme.If successful, these efforts by the antigun movement would infringe not only the basic, natural and fundamental right of the people to keep and bear arms, embodied in the Second Amendment, but would also infringe the fundamental right embodied in the unreasonable searches and seizures clause of the Fourth Amendment, and infringe, too, the Takings Clause of the Fifth Amendment. And, the antigun movement does not stop there. Not content to ban some semiautomatic firearms—that Federal Statute (the Federal Assault Weapons Ban (AWB)) at one time, defined certain semiautomatic firearms as ‘assault weapons,’ until the AWB expired in 2004, and which several States, with their own assault weapon ban statutes, in full force, presently prohibit—the antigun movement now seeks to ban all semiautomatic firearms.There are efforts afoot to enact federal law not unlike the National Firearms Act of 1934 (NFA). Under the NFA, the ATF heavily regulates civilian ownership and possession of from possessing fully automatic machine guns and submachine guns and selective fire assault rifles. And, the civilian population is prohibited altogether from owning newly manufactured fully automatic weapons.So, even as the House in recent days passed the Concealed Carry Reciprocity Act of 2017 (H.R. 38), a bill that strengthens the Second Amendment, which now goes to the U.S. Senate for consideration, we see--in stark contrast and contradistinction to pro-Second Amendment efforts to strengthen the right of the people to keep and bear arms--efforts by antigun Legislators mobilizing and gearing up to dispossess American citizens of semiautomatic firearms—all semiautomatic firearms, not merely those bizarrely categorized as ‘assault weapons.’ Antigun proponents evidently feel that they can hoodwink the American public, given the recent mass shooting incidents—which they use to their advantage—as they work unceasingly toward their ultimate goal to dispossess all Americans, eventually, of their firearms.During the questioning of the first panel, senior Officials of the Federal Government admitted that the NICS system was incomplete and faulty. The reason for this is that the military, especially, but also the States, have been remiss in entering data pertaining to individuals convicted of crimes that preclude these individuals from possessing firearms. Senator Ted Cruz, in his opening remarks, also made the pertinent point that individuals who falsify information to obtain a firearm have violated federal law, but that these crimes are rarely prosecuted and, so, all too often go unpunished.Falsifying information to obtain a firearm when an individual is not permitted to possess a firearm is a serious crime. 18 USCS § 922(a)(6), titled, “Unlawful acts” sets forth clearly, categorically, and unequivocally that: “it shall be unlawful for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.” Senator Cruz was making the point, albeit tacitly, that laws that have no legal consequences do not amount to laws at all. Enforcement of federal firearms laws is lackadaisical at best, a point often made by NRA and a point perfunctorily ignored by antigun proponents whose real goal, after all, is to go after the millions of law-abiding gun owners, even as they profess to express concern over those individuals, alone, who are absolutely prohibited by law “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” See United States Code, 18 USCS § 922(g) and 18 USCS § 922(n), titled, “Unlawful Acts,” as set forth in Title 18, “Crimes and Criminal Procedure,” of Part I, “Crimes,” of Chapter 44, “Firearms.”During the hearing, Legislators on the Judiciary Committee uniformly expressed concern over faulty federal NICS record-keeping and they requested, from the panel of senior Government officials, an explanation for the failure of these Government Offcials to keep the criminal databases up-to-date. But, it is one thing to repair the NICS record-keeping system; it is quite another to contemplate dumping ever more people into it, essentially, eventually, encapsulating minutia of mental health details of every American, along with details of every infraction committed by every American during every period of his or her life—every spat between husband wife or boyfriend and girlfriend, and an accounting of every instance, every bout of depression or anxiety an American citizen at one time or another may have had. Democratic Party members of the Judiciary Committee—alluded to expanding NICS and other criminal and mental health databases into a comprehensive and permanent digital—as opposed to merely manual—database of every firearm’s transaction and tying that to and in tandem with a universal background check schema.Clearly, the aim of the Democrats on the Senate Judiciary Committee is, then, more ambitious and grandiose than merely repairing a faulty NICS system. We are headed toward a universal registration system if antigun proponents have their way. Every firearm owner becomes suspect. Hence, every American, who owns a firearm must be carefully screened, and those licensed and therefore “privileged” to own and possess a firearm, will be carefully and continuously observed for signs of anti-social behavior, predicated on subjective standards of assessment. The implication of a universal criminal and mental health background check system tied into a permanent NICS databases are dire from the standpoint of Constitutional privacy concerns.Then, there are the firearms themselves. During the questioning of the second panel, it became clear that it wasn’t Stephen Paddock or Devin Patrick Kelley who were being castigated for the horror they caused. Rather, it was the semiautomatic weapons that were the target of and the focus of the Senators' ire--those Democratic Party members who sit on the Senate Judiciary Committee.One speaker on the second panel, who was the first to speak, was a young woman named Heather Gooze. She detailed her personal experiences during the Las Vegas shooting episode and resulting carnage. This survivor’s anguished account of holding and attempting to aid and comfort a dying stranger, who had been shot by Paddock, was poignant, graphic, heart-rending, heartfelt, and deepfelt, as it was meant to be—but, for all that, it was also irrelevant. The fault for the tragedy in Las Vegas was not laid at the feet of the maniac, Stephen Paddock, the sole cause of the carnage—assuming there were no others that abetted Paddock. No! The fault for the crime is laid on inanimate objects—the weapons Paddock used in the commission of his heinous acts. But, if civilian access to an entire category of weapons, semiautomatic rifles, in common use by millions of law-abiding, sane, responsible Americans, is to be curtailed, then, those who would ban civilian possession of semiautomatic weapons must propound sound legal and logical arguments in support of their case. Arguments amounting to emotional rhetoric, however endearing and heartfelt and honest they may be, are not rational substitutes for sound reasoning.What was on display during the Hearing, was unabashed grief and anger. That is what we heard from the young woman, Heather Gooze: a plaintive and soulful, if tacit, cry for a universal ban on semiautomatic weapons, and that is what the Senators on the Judiciary Committee got from her. This appeal to sympathy for one's cause, derived from heartfelt pain, is representative of a common fallacy. It's one an undergraduate college student learns about in a course on informal and formal symbolic logic. The Latin expression for this informal fallacy is argumentum ad misericordiam (argument from pity or sympathy or misery, or compassion). The fallacy of argumentum ad misericordiam is committed when pity, or sympathy, or compassion, or misery is appealed to for the sake of getting someone to accept a conclusion predicated on emotion, alone, sidestepping the salient issue.Appealing to pity, compassion, or sympathy, or misery avoids dealing with the pertinent legal questions. The pertinent legal question here is this: do semiautomatic weapons fall within the core of the Second Amendment’s protection? Antigun proponents use the argument from pity incessantly to sidestep this legal issue—the real issue—because they do not wish to hit the issue head-on. Appealing to sympathy or pity, or misery, or anger operates as a convenient substitute for cogent and sound legal and logical reasoning. It is unfortunate that the U.S. Supreme Court has, at least twice, decided not to take up the issue whether semiautomatic weapons do fall within the core of the Second Amendment’s protection, as appellants in the cases failed to garner four votes necessary to secure high Court review. See, Friedman vs. City of Highland Park, Illinois, 784 F.3d 406 (7th Cir. 2015), cert. denied, 136 S. Ct. 447, 193 L. Ed.2d 483 (2015); and, recently, Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. Md., 2016), cert. denied, 2017 LEXIS 7002. The Arbalest Quarrel has written extensively on both these cases.The legal and logical weaknesses of the antigun proponent’s position, apropos of semiautomatic weapons, would be all too apparent were they to try to evince an argument. The public is hit with emotional rhetoric and pious sentiments, instead. Such emotional outrage has clout, even as it is devoid of substance. Heather Gooze used it to good effect during the Hearing. Her testimony before the Senate Judiciary Committee was as much a plea for action from the public as it was a plea for action from the Senate. No doubt, that was the reason she was invited to speak before the Committee at this public Hearing.Antigun proponents invariably take the argumentum ad misericordiam out of their sack of tricks whenever a tragedy involving the misuse of firearms occurs. They know that tragic events tug at the heartstrings of anyone who has a modicum of compassion in his or her heart, which are the majority of us—and which do not include psychopaths, who have no inkling of and therefore have absolutely no understanding of the concept of compassion. And, these individuals, who lack a modicum of compassion include, as well, common criminals who might understand the concept but simply don’t care since a consideration of compassion during the commission of a crime interferes with their personal selfish ends.Appealing to sympathy as an argument to dispossess millions of law-abiding firearms owners of their firearms operates as a useful makeweight, a convenient scapegoat, for antigun proponents, allowing antigun proponents to avoid factoring in the complex legal, logical, historical, cultural, and ethical ramifications of taking firearms away from millions of sane, rational, honest Americans. Essentially the antigun proponent’s argument, in various forms and permutations, boils down to this:“semiautomatic ‘assault weapons’ are weapons of war and have no legitimate use in civilian hands other than to commit murder and to do so on a large scale. And, manufacturers market these weapons to the entire civilian population which includes, then, mentally ill individuals and criminals who should not have them. These weapons have incredible firepower and no legitimate civilian use. Just look at what happens when a poor, deluded person gets hold of this ‘weapon of war.’ Just look at the harm he calls. Anyone who has a heart at all should see that semiautomatic assault weapons will only cause bad things to happen and will cause good people to do bad things. If you don’t want to see an innocent child, a vulnerable woman, a weak old man harmed—and what caring, compassionate human being does—then you will agree with us that there is no place for these ‘weapons of war’ in a civilized society, and you will write or call your Congressman or Senator, asking your Legislator to enact legislation that permanently bans these awful weapons of war, to ban them for the good of society so that no other person will ever suffer the needless tragedy that these weapons of war cause.” Well, if there is a sound reason for banning semiautomatic weapons from civilians, this isn’t it. Apart from appealing solely to one’s emotions, the argument embraces false assumptions, hyperbole, and irrelevant considerations. And, if you think our illustration of the fallacy of argumentum misericordiam amounts itself to a fallacy—the straw man fallacy, as some, who challenge our position, may claim—it does not. The remarks, concerning semiautomatic weapons as ‘assault weapons’ and ‘weapons of war,’ “weapons that have no legitimate civilian use,” and the notion that firearms manufacturers market these “weapons of war” to criminals and to the mentally ill are not suppositions the Arbalest Quarrel has invented to illustrate an argumentum misericordiam, for the purpose simply to knock down a straw man. No! These remarks are not our invention at all. These remarks, purporting to be arguments against civilian possession of firearms, are utilized constantly, incessantly by antigun proponents. And, more to the point, these remarks, as set forth in our example, comprise, in part, allegations taken from an actual formal legal pleading—namely and specifically the First Amended Complaint of the Soto Plaintiffs, in Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. The Arbalest Quarrel has written extensively on this case and continues to write articles about it. See, for example, our in-depth article, titled, “Soto vs. Bushmaster: Antigunners Take Aim at Gun Manufacturers.” We also wish to point out that a detailed account of one’s personal experiences, as related to the reader or listener—those of Heather Gooze, during the Senate Hearing—amount to a series of declarations that have no appreciable epistemic value. In other words, her account of the tragedy in Las Vegas, that occurred during the Harvest Music Festival, is not the sort of thing that one can reasonably challenge, or that need be challenged, or is expected by anyone to be challenged, as false.The Arbalest Quarrel accepts the account of Heather Gooze, as related at the Senate Hearing, as true, and does not quarrel with it. There is no reason to. There is no reason to consider her personal account as false. We say this because the remarks of Heather Gooze have no concrete epistemic value on the salient issue whether semiautomatic weapons fall within the core of the Second Amendment. Her remarks or declarations of events as she experienced them at the Harvest Music Festival do not serve as a sound reason for banning semiautomatic weapons from the millions of average, law-abiding, rational, responsible American citizens who own and possess them, notwithstanding that the Democratic Party Senators on the Judiciary Committee happen to believe the account of Heather Gooze to be relevant to the issue whether semiautomatic weapons are the sorts of firearms that properly belong in the hands of the average, rational and responsible American citizen. The remarks of Heather Gooze simply attest, at best, to a matter that everyone can agree with: that criminals, psychopaths, Islamic terrorists, and other assorted lunatics—the flotsam and jetsam of society—should not have access to any firearm. One might by the same token argue that the worst elements of society should not have access to anything that can feasibly be used to cause great harm to others and to many individuals at one time. Consider for example: a knife, an automobile or truck, or chainsaw. What we are getting at here is that common criminals, and members of drug cartels and criminal gangs, and psychopaths, and Islamic terrorists, and other assorted lunatics and maniacs and riffraff who pose a danger to others, as these individual do, should be removed from our society. It is not the firearm that should be removed from American society.That common criminals, terrorists, psychotics, or psychopaths may happen to get their hands on a semiautomatic rifle or on any other firearm to harm others does not serve as a sound legal or logical reason for banning semiautomatic weapons en masse from millions of average, law-abiding, responsible, rational American citizens. And, make no mistake, Senator Dianne Feinstein and the other Democratic Party members of the Senate Judiciary Committee do seek to ban and do work feverishly to ban all semiautomatic weapons, just as fully automatic weapons and selective fire weapons have been essentially banned from civilian possession, since 1934, with passage of the National Firearms Act (NFA). In fact, Senator Dianne Feinstein would accomplish this feat through enactment of a very devious bit of legislation, which was referred to during the Senate Hearing.Roughly two months ago, on October 4, 2017, Senator Feinstein introduced the following bill in the U.S. Senate:Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be cited as the "Automatic Gunfire Prevention Act".POSSESSION OF CERTAIN FIREARM ACCESSORIES. Chapter 44 of title 18, United States Code, is amended- in section 922, by inserting after subsection (u) the following: "(v)(1) Except as provided in paragraph (2), on and after the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. This subsection does not apply with respect to the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof."; and in section 924(a)(2), by striking ", or (o)" and inserting "(o), or (v)". Attorneys David Kopel and Stephen Halbrook, sitting on the second panel, and testifying at the Senate Hearing—were acutely aware of this Senate bill. David Kopel pointed out that the language of Feinstein’s bill, the "Automatic Gunfire Prevention Act," makes very clear that any change at all to any semiautomatic weapon—lightening the trigger pull, for example, or even cleaning a firearm—can effectively serve to increase the rate of fire of the weapon. Thus, any semiautomatic rifle can, were Feinstein’s bill enacted, serve as the basis to ban outright all semiautomatic rifles. When faced with David Kopel’s critical, astute remarks, Senator Feinstein demurred, seemed agitated and, evidently, perplexed, asserting, disingenuously, that the bill was drafted by capable attorneys, suggesting, perhaps, or, then again, perhaps not, that her bill only targets certain types of accessories or components for semiautomatic weapons, such as the “bump-fire device” (“bump stock”) that are specifically mentioned, and not, ipso facto, all semiautomatic weapons. But, that doesn't seem to be the case; and, if that is not the case, then this would suggest that the drafters of Feinstein’s bill either know very little about the operation of semiautomatic rifles or know the operation of semiautomatic weapons all too well. If the former supposition is true, then the bill has unintended consequences: positive consequences for antigun proponents; negative consequences for everyone else. This means that all semiautomatic rifles can and eventually would be banned. This is consistent with the plain meaning of the bill. If the latter supposition is true, then, given the plain meaning of the bill, the bill is a subterfuge. This would mean that those who drafted Feinstein's bill intended, all along, not merely to suggest that only some accessories for semiautomatic rifles would be banned, but that, in fact, all semiautomatic weapons would be banned, as this is what antigun proponents want and have wanted all along and this is what the bill says: no semiautomatic weapons in the hands of American citizens qua civilians. Either way, Senator Feinstein would derive from her bill, if enacted, exactly what she had long sought—a universal ban on semiautomatic weapons defined as ‘assault weapons’—meaning, of course, that all semiautomatic weapons would be banned because all semiautomatic weapons are, ipso facto, ‘assault weapons,’ as Senator Feinstein sees it.Never underestimate the deviousness of antigun proponents and never trust them when they assert that they do not seek to defeat the right of the people to keep and bear arms as codified in the Second Amendment. These antigun groups, and antigun legislators, and their billionaire benefactors, and their fellow travelers in the mainstream media and in Hollywood, will not rest easy until each and every average American citizen qua civilian—apart from the so-called “elites” in society, like Senator Feinstein, herself—is prohibited, by law, from owning and possessing any kind of firearm._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.