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THE U.S. SUPREME COURT IS A PROTECTOR OF THE SECOND AMENDMENT, BUT FOR HOW LONG?

When recounting the import of U.S. Supreme Court case holdings, especially pertaining to our Nation’s fundamental rights and liberties—the most important of which is codified in the Second Amendment of the Bill of Rights—one must be reminded that the Third Branch of Government is not a distant poor cousin of the other two and is not to be treated as if it were such. Yet, it is often denigrated as such, especially when some case decisions, like those in the recent Bruen and Dobbs cases, happen to throw some people into a fit of rage, threatening the Court and threatening the life of some Justices within it, and threatening the viability and “legitimacy” of the High Court.Two co-equal Branches of the Federal Government, the Executive and Legislative, along with assistance from the legacy Press, do nothing to curb this insult and danger to the third co-equal Branch. Instead, these two Branches, along with the Press, either remain silent, or actively, avidly encourage the disassembling of the Third. Hence the concerted effort to “tame” the Court through the device of “court-packing,” a thing the Biden Administration looked to accomplish through creation of a commission for just that purpose.  Fortunately, that came to naught. Still, these are the sort of antics of Americans come to expect from the Harris- Biden Administration. And we see these antics from a bloated, rancid, unelected, and unaccountable Administrative Deep State; and from an obstreperous, preening, arrogant Congress; and from a seditious, treacherous Press; and even from some academicians whose essays exhibit an unrestrained, radical Marxist/Neoliberal Globalist oriented socio-political bent.Americans see a treacherous Federal Government, a seditious Press, and large multinational conglomerates uniting in a collective effort to erode the underpinnings of a free Republic and eventually eradicate it. And it does so because a free Constitutional Republic doesn’t address their wants and desires—as if it ever should have been so.The present Administration does nothing to prevent a vicious, vile mob from attacking the Court, but remains painfully silent. And members of Congress go further, even inciting a mob to violence. Schumer, who should know better, as a Harvard educated lawyer—although he never practiced law—threatens a Justice at the steps of the High Court, and a would-be assassin eventually tries to oblige.  And Maxine Waters, a sociopath and lunatic if there ever was one, marches with a mob to the doors of the U.S. Supreme Court, shrieking: The hell with the Supreme Court. We will defy them.”More restrained in his remarks belittling the Court, but no less dangerous because of the nature of them, a Law Professor at Pepperdine University, one, Barry P. McDonald argues the founding fathers had intended to relegate the Supreme Court to second-class status. But, if true, the impact of that inference has dangerous repercussions not only for the Government itself but for the peoples’ right to check the power of that Government through force of arms. The Constitution to this scholar is nothing more than an amorphous, shapeless lump of clay to be reshaped and remolded at will or whim, not unlike a potterer producing a clay pot on a ceramic pottery wheel, changing the design as his fancy suits him, as the wheel goes round and round. McDonald’s essay was published as an Op-Ed in the NY Times, a few days after the Senate voted to confirm Brett Kavanaugh as an Associate U.S. Supreme Court Justice. Obviously, Professor McDonald disapproved of the confirmation, no less so than The New York Times that sought him out as a credentialed college professor to give weight to its own abhorrence of the Court and of the confirmation of Kavanaugh to sit on it as Justice Kavanaugh. McDonald wrote, in principal part,“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.Why was the judicial branch given such short shrift? Because in a democracy, the political branches of government — those accountable to the people through elections — were expected to run things. The courts could get involved only as was necessary to resolve disputes, and even then under congressional supervision of their dockets.It was widely recognized that the Supreme Court was the least important of the three branches: It was the only branch to lack its own building (it was housed in a chamber of Congress), and the best lawyers were seldom enthusiastic about serving on it (John Jay, the court’s first chief justice, resigned within six years and described the institution as lacking ‘energy, weight and dignity’).When disputes came before the Supreme Court, the justices were expected to ensure that Americans received ‘due process’ — that they would be ruled by the ‘law of the land’ rather than the whims of ruling individuals. In short, the court was to play a limited role in American democracy, and when it did get involved, its job was to ensure that its judgments were based on legal rules that were applied fairly and impartially.What about the task of interpreting the Constitution? This question is the subject of some debate, but the founders most likely believed that each branch of government had the right and duty to determine for itself what the Constitution demanded, unless the Constitution was clearly transgressed. If the Constitution was clearly transgressed, the Supreme Court had a duty to hold Congress or the president accountable — but only in the case before it. The founders almost certainly did not envision a roving mandate for the Supreme Court to dictate to Congress, the president or state governments what actions comported with the Constitution (unless they were a party to a case before it).” So, we are to believe that the founders thought less of the High Court because of the Building they were housed in, or because they devoted a few lines to the Judicial Branch in Article 3 of the Constitution, or because we are to accept Professor McDonald’s on faith that the founders expected each Branch to decide for itself the expansiveness of its powers? And where, in all of that jockeying for power among the servants of the people in Government does that leave the people of the United States, who are the true and sole sovereign over Government? To give credence to this odd notion that the High Court is relegated to a humble position in the Federal Governmental structure, Professor McDonald intimates that John Jay resigned from the Court because he thought the Court lacked “energy, weight and dignity.”Professor McDonald fails to cite anything to support the inference or provide context for it.  The actual letter, where that phrase appears, a letter from John Jay to President Adams is available for viewing on the founders' archives websiteIt is clear from a perusal of Jay’s letter to President John Adams, declining the President’s invitation to serve once again as Chief Justice of the High Court, that John Jay’s declination was not tied to a belief, contrary to what Professor McDonald intimates, that the framers must have had a low expectation for the Court and that, therefore, John Jay no longer wanted to be a part of the Court. Such an idea is absurd; yet McDonald places significant reliance on it for his thesis. But, if John Jay had such misgivings about the Court, he would not have served as Chief Justice of it, in the first place, nor stayed on the Court for as long as he did. The facts are as follows: “In 1789, after Jay declined George Washington's offer of the position of Secretary of State, the president offered him the new opportunity of becoming Chief Justice of the United States Supreme Court, which Jay accepted. He was unanimously confirmed on September 26, 1789 and remained on the bench until 1795. As this was an inaugural position, many of Jay's duties involved establishing rules, procedure, and precedents.” So, Justice John Jay, a founding father, did much to develop the federal judicial system and resigned, when elected Governor of New York. See article in NYCourts.gov A few years later, John Adams, the second President offered John Jay the Chief Justice position once again. He declined the offer but did so not because he thought the Supreme Court had been accorded no real power under the Constitution, but, rather, because he felt the Executive Branch of Government would not allow the Court to exercise its Article 3 powers as the Constitution intended, dismissing the Court’s authority and power out-of-hand. This early power grab by the Executive Branch came to a head in the famous case of Marbury vs. Madison, when Chief Justice, John Marshall, asserted the Court’s rightful powers that the Executive Branch had chosen to ignore. And in that struggle it was Thomas Jefferson, the third U.S. President, who acceded to Marshall, acknowledging, if only reluctantly, the Supreme Court’s Article 3 authority that the Executive Branch sought to ignore.The Federal Government was just in its infancy, but, even then, the three Branches had started to jockey for power. Even so, usurpation of power is patently contrary to the dictates of the Constitution which delineates the powers and authority of each Branch, thereby establishing the parameters for the exercise of powers so delineated for each Branch. No Branch is permitted to transgress the Constitutional boundaries of power set for it. Had the framers of the Constitution sought to place the High Court under the auspices of another Branch as in the English Parliamentary System, the framers would have plainly provided for that. They did not.There were many possible Governmental forms and many permutations within any Governmental form to choose from.  The framers of the Constitution considered many configurations of Government and rejected all but one: A tripartite co-equal Branch Republican form of Government in which each Branch would be accorded its own set of limited, clearly articulated, and demarcated powers and authority. Thus, the Framers constructed one form of Government they hoped would be the least susceptible to insinuation of tyranny. Still the framers of the U.S. Constitution harbored doubt that their best efforts to establish a Government of three co-equal Branches would be sufficient to forestall the insinuation of  tyranny into the Government. Their concerns were justified.They knew that such is the nature of Government that no Governmental form would suffice to prevent the inevitable and inexorable tendency of a centralized Government with a standing army to resist the irresistible tug, and urge, and itch, to gather ever more power for itself.Since the Federal Government was constructed to be the servant of the people, the founders made certain that the American people would bear arms to secure their freedom and liberty from tyranny and they understood that the natural law right of the people to keep and bear arms would rest—must rest—beyond the power of Government to toy with. For it is only through an armed citizenry that Government—especially one that is hell-bent in exercising absolute power and concomitantly oppressing the citizenry—can be kept from usurping the sovereignty of the American people and subjugating them in the process.Exercise of Governmental Power has shifted between and among the Branches through the decades, as they jockey for power and this is inconsistent with the plain text of the Constitution that demarcates the power and authority of each Branch; the power and authority that each Branch was allowed to wield, and not intrude on the domain of another Branch.The American people as the sole sovereign over Government would check the insinuation of tyranny—a given—through exercise of the natural law right of the people to keep and bear arms. And that would remain an immutable “constant,” irrespective of the machinations of the Three Branches of Government.And it is the stubborn constancy of the Second Amendment continues to rankle Big Government and its supporters to no end becoming more noticeable as the Government continues to devolve ever further into tyranny.  Today, we see the coalescing and merging of the Executive Branch and Legislative Branches. And we see attempts to bring the Judicial Branch into the fold.  And none of this bodes well for the American people. This means the right of the people to keep and bear arms grows more insistent. Consider——The Biden Administration, with a compliant Senate, has barreled through confirmation the first of a new kind of Supreme Court Justice: one who has no regard for the rights and liberties of the American people. This person, Ketanji Brown Jackson, is a person of mediocre talents at best, according to a National Review report. She was selected by the Administration’s shadowy puppetmasters, precisely because she is a dutiful proponent of the Marxist dogma of “Diversity, Equity, Inclusion.” Did the National Review provide support for her nomination? One reporter did. See an article in the Federalist about this, chastising the National Review because of this. This nomination and confirmation of Ketanji Brown Jackson and more like her would not bode well for the independence of the Court.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through DOJ/FBI and ATF misuse of its Administrative Rulemaking authority.And, does anyone doubt for a moment that five Justices—the faux Conservative-wing Originalist, Chief Justice Roberts, and four liberal-wing Associate Justices, Breyer, Kagan, Sotomayor, plus Garland, wouldn’t have overturned the rulings of the seminal Second Amendment Heller and McDonald cases, using the Bruen case for just that purpose, apart from affirming the decision of the U.S. Court of Appeals for the Second Circuit, for the Respondent City of New York, against the Petitioners. In a nightmare world that could have happened, and, indeed, would have happened. And, here in reality, the Neo-Marxists and Neoliberal Globalists are more than annoyed at the outcome of Bruen and Dobbs, that their dream of negating the Second Amendment did not happen. They are absolutely apoplectic over that. Just look at how this obsequious, fawning head of the DOJ, unlawfully but dutifully targets Americans for special treatment at the behest of the Biden Administration and at the behest of other radical groups like the National School Board Association.    The framers of the U.S. Constitution would not be pleased but not all that surprised at the Government’s turn toward tyranny. As the framers wrestled with and finally settled on a Republican form of Government, consisting of three co-equal Branches, they also created a “failsafe” to offset the tendency of Government toward tyranny. Government would serve at the behest of the American people, the true and sole sovereign of Government and Nation but only if that Government is kept in check by an armed citizenry, whom, Constitutionally, it has no control over as it is prohibited from infringing the natural law right of the people to be armed.  Thus, the cause of frustration of those forces that seek to usurp the sovereignty of the American people by controlling their possession of and access to arms and ammunition.The British Empire sought to do this once and failed. Much more insidiously, the Government of the United States, today, seeks to do the same thing and this Government has been busily at work, especially in the 20th Century and to the present day, to dispossess the American people of their firearms and stocks of ammunition and, further, to destroy their will to resist.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through ostensible DOJ/FBI and ATF Administrative Rulemaking authority. Not to be long forestalled by the inconvenience of the U.S. Constitution, the Nation’s Tyrannical Government has attempted to do just that. The first major Federal legislation infringing the right of the people to keep and bear arms was in the 1930s with enactment of the appalling National Firearms Act of 1934 and Congress added to that infringement with the Gun Control Act of 1968, and the “Gun Violence Prevention Act of 1994.” And the threat continues to this day. These enactments conflict with the primacy and supremacy of the Second Amendment to ward off the threat of tyranny and are prima facie proof of the Government’s embrace of Tyranny. Yet——Historical events demonstrating the fact of Government usurpation of powers and authority that belong alone to the American people become of themselves legal justification for controverting the dictates of the Constitution.But Government action that erodes fundamental Rights and Liberty should not operate as prima facie evidence of the lawfulness of those actions merely because they occurred. But that is what we have. Historical events demonstrating unequivocal illegal Government action infringing Americans’ fundamental rights manifest, paradoxically—like a conjurer’s sleight of hand—as self-justifying evidence for the legality and propriety of the actions—a kind of historical necessity: “it happened, so it must be right and proper.” The historical antecedent event thus transforms as a transcendental moral truth.That is the argument the Biden Administration makes for corralling the Second Amendment. And that over-reliance on history and on the appeal to history as part of the Court’s standard of review of the legality of laws impinging on the Second Amendment point to a serious flaw in Bruen. Justices Alito, Thomas, and Amy Coney-Barrett must know this.In fact, Justice Amy Coney-Barrett specifically points to the problem of utilizing history as a standard by which to ascertain whether a particular Governmental action unconstitutionally infringes the Second Amendment. In a short concurring opinion which, curiously no one joined, she says, in part, this: “I write separately to highlight two methodological points that the Court does not resolve. First, the Court does not conclusively determine the manner and circumstances in which postratification practice may bear on the original meaning of the Constitution. . . . Scholars have proposed competing and potentially conflicting frameworks for this analysis, including liquidation, tradition, and precedent. . . . The limits on the permissible use of history may vary between these frameworks (and between different articulations of each one). To name just a few unsettled questions: How long after ratification may subsequent practice illuminate original public meaning? . . . . What form must practice take to carry weight in constitutional analysis? . . . . And may practice settle the meaning of individual rights as well   as structural provisions? . . . The historical inquiry presented in this case does not require us to answer such questions, which might make a difference in another case. . . . Second and relatedly, the Court avoids another ‘ongoing scholarly debate on whether courts should primarily rely on the prevailing understanding of an individual right when the Fourteenth Amendment was ratified in 1868’ or when the Bill of Rights was ratified in 1791. . . . Here, the lack of support for New York’s law in either period makes it unnecessary to choose between them. But if 1791 is the benchmark, then New York’s appeals to Reconstruction-era history would fail for the independent reason that this evidence is simply too late (in addition to too little). Cf. Espinoza v. Montana Dept. of Revenue, 591 U. S. ___, ___-___ (2020) (slip op., at 15-16) (a practice that ‘arose in the second half of the 19th century . . . cannot by itself establish an early American tradition” informing our understanding of the First Amendment). So today’s decision should not be understood to endorse freewheeling reliance on historical practice from the mid-to-late 19th century to establish the original meaning of the Bill of Rights. On the contrary, the Court is careful to caution ‘against giving postenactment history more weight than it can rightly bear [citations omitted].’” We discuss this problem of history as a component of a new standard of review in Second Amendment cases in future articles analyzing Bruen._________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved   

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

MULTI SERIES ON NEW YORK CITY MAYOR ERIC ADAMS

PART THREE

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

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

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

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A DUAL COVERUP: SENILITY OF A PRESIDENT AND THE COMMISSION OF A FELONY BY A SON

What’s going on in our Country? Biden’s administrative staff attempts to cover up Biden’s serious cognitive decline with the ferocity of a mother hen guarding her chicks, and Biden’s secret service detail operates like strong-arm enforcers of an old-world crime syndicate to cover up his son’s illegal possession of and further misuse of a firearm.Recall that, back in December 2020, before shadowy powerful Globalist elites worked their sorcery to transform a clear Trump U.S. Presidential victory into a weird defeat—YE OLDE SWITCHEROO—Joe Biden appeared on Stephen Colbert’s comedy show, to defend his son Hunter who had some explaining to do regarding his taxes.“President-elect Joe Biden defended his son Hunter Biden amid an ongoing investigation into the younger Biden’s taxes.During an interview with Stephen Colbert that aired Thursday night, Biden sat alongside his wife, Dr. Jill Biden, and expressed ‘confidence’ in his son.In raising the subject of Hunter Biden, the liberal comedian Colbert claimed to Joe Biden that ‘the people who want to make hay in Washington are going to try to use your son as a cudgel against you.’‘How do you feel about that?’ Colbert asked. ‘And what do you have to say to those people?’‘I have, we have, great confidence in our son,’ Biden responded. ‘I am not concerned about any accusations being made against him. It's used to get to me. I think it’s kind of foul play but look, it is what it is and he’s a grown man, he is the smartest man I know. I mean, from a pure intellectual capacity – and as long as he’s good, we’re good.’” Fox News “Hot Topic” report, published, December 17, 2020 “As long as he’s [Hunter’s] good, Biden is good,” so said the present “President of the United States back in December 2020. Jump ahead to March 2021. It is quite apparent that neither Hunter Biden, nor his father, Joe, is doing “good.”“The President,” Joe Biden,” for his part, is doing exceedingly poorly. This we know; it is an open secret. Joe Biden obviously has acute and chronic dementia, probably Alzheimer’s, which is the most prevalent form of dementia, according to the CDC.And that sad excuse for a Press Conference, delivered on March 25, 2021, didn’t allay concerns about Biden’s precipitous mental decline. It only reinforced our suspicions about Biden. Look at his eyes when he speaks: vacant; indicative of Alzheimer’s disease. And this is the “President of the United States?” He’s an apt symbol of our Nation’s incipient decline under the Democrats and Bush Republicans.Juxtapose Donald Trump’s commanding presence before the cameras with Biden’s sorry performance at his first Press Conference, and perhaps his last; tame, lamblike; and one cannot but conclude that Biden has neither the bearing and character of a leader of a proud and powerful Country such as ours, nor the physical stamina and mental acuity to stand firm against our Nation’s competitors and enemies: just what the neoliberal Globalist elites and Radical Left Marxists and Anarchists wanted, and what the American people now have.Take a look at this October 2020 article in the New York Post:“Former White House physician Ronny Jackson told reporters Tuesday he was ‘convinced’ that Democratic presidential nominee Joe Biden, 77, does not have the cognitive ability to be commander-in-chief. . . .”“As a citizen, not as a candidate running for Congress, but as a citizen of this country, I’ve watched Joe Biden on the campaign trail and I am concerned and convinced that ‘he does not have the mental capacity, the cognitive ability, to serve as our commander-in-chief and our head of state,’ he went on.”See also article from the Alzheimers Association. See also Webmd and health digest. Health digest points out that: “According to the Alzheimer's Association, the disease progresses as time passes, with symptoms of memory loss and recall of even simple tasks growing worse. There is no cure, and treatment focuses on managing symptoms and slowing the progression.”

HOW TO DEAL WITH A PERSON WHO HAS ALZHEIMER’S DISEASE

Notice how the Press and staff indulge Biden, so as not to upset him; how deferential they are toward him. But then, that is the key when dealing with a person who suffers from Alzheimer’s disease. That is how a caregiver should treat a person suffering from that debilitating mental disease. Indulge that person. Put that person at ease. Never anger or confuse that person. And that is what Biden’s handlers and the Press do. See article in better health while aging: Surviving Alzheimer's Managing Difficult Behaviors Cheatsheet“Put the person with dementia's feelings first. He or she cannot change; YOU have to change, or you have to change the immediate environment.  Collect yourself (no matter how irritated you are). People with dementia are sensitive to others' moods and will pick yours up and mirror it. So take a deep breath. Count to 3. Or do a silent scream in the bathroom. Remind yourself, ‘It's not him/her. It's the dementia!’  Avoid making the mistake of assuming they'll forget your angry moment. Although it's true that people with dementia tend to quickly forget what was said, the emotional impact of an encounter (negative OR positive) lasts much longer! Do: Approach slowly and from the front. You're less apt to startle, confuse, or provoke. Play back the person's emotions and ask questions: ‘You sound upset.’ ‘You look sad. Can I help?’ ‘I know this bothers you. Let's see what I can do.’  Try developing a go-to mantra for soothing: ‘I'm here.’ ‘Everything's OK.’ ‘Not to worry, love.’  Make your body language match your words. Avoid sighing or rolling your eyes. Smile, nod, use a friendly tone, relax your posture. Unspoken factors convey more than half of any message. Try touching an arm or shoulder.” Golden Carers say that cue cards are a good mnemonic aid for those suffering from early-stage Alzheimer’s.“Cue Cards are inexpensive to make and may be tailor-made to the needs of each individual. They are a feasible alternative to hi-tech, expensive tools.

  • Cue cards should be in black and white and with or without pictures depending on the individual.
  • Cue cards should be written in a large font (as large as the need be) so the individual is able to read them easily.
  • Cue Cards should contain words or short sentences.
  • Stick to one medium: stick figures, line drawings, cartoon-like, or pictures (Remember that people with advanced dementia are better off with black & white cue cards).
  • Laminate for endurance.” 

EVIDENCE THAT SOMETHING IS VERY MUCH AMISS IN THE BIDEN ADMINISTRATION IS EVIDENT FROM THE FACT THAT THE ADMINISTRATION ISN’T TO BE REFERRED TO AS THE BIDEN ADMINISTRATION ANY LONGER, BUT AS THE BIDEN-HARRIS ADMINISTRATION

Apart from Biden’s odd reference to Kamala Harris asThe President,”—which might have been discussed in closed-door meetings with Biden, suggesting that Biden will soon be stepping down, which might also explain why the mentally confused Biden mistakenly referred to Harris as “the President”—the public recently learned that the “Biden Administration” is now, officially, the “Biden-Harris Administration.” And, during the Press Conference, as if to allay any concern about Biden's precipitous and obvious mental decline, Biden says he plans on running for a second term in 2024. The question about his plans came from one of the friendly Press reporters who likely was tasked or pegged beforehand, in this highly orchestrated Press Conference, to ask that very question, even as Biden, through his surrogates had said, back in December 2019, according to US News and World Report, that Biden would only serve one term. And this term will probably be abruptly curtailed in the next few months, given the rapidity of Biden's decline, which probably is due in great part to the stress of merely sitting as a cardboard cutout in the Oval Office, as Biden is given little to do except, occasionally, to come before the public to mouth a few nonsensical platitudes and false pronouncements in attempt to placate a skeptical American public. CBS News reports,“President Joe Biden said Thursday that it is his ‘expectation’ to run for reelection in 2024. The president was asked if he planned to run for a second term during his first White House press conference, which took place 65 days after he took office.‘My plan is to run for reelection. That's my expectation,’ Mr. Biden said in response to a question from CBS News chief White House correspondent Nancy Cordes. The president added that he ‘would fully expect’ that Vice President Kamala Harris will remain on the presidential ticket, and called her ‘a great partner.’” Biden's handlers are working on the fly to change the structure of the Administration to reflect Biden's swift mental decline and to create the illusion of continuity. The Biden  Administration thus devolves into the Biden-Harris Administration.BPR reports,“The White House has now begun officially referring to President Joe Biden’s administration as the “Biden-Harris administration” and has instructed federal agencies to begin referring to it as such as well.”And then what? Is the Biden-Harris Administration to devolve into the Harris-Biden Administration? It is more than just a little disconcerting to hear this. This state of affairs isn’t good for the Country. It isn’t good at all. This isn't something that can be made palatable to the public. For, never before in our Nation’s history has the President of the United States officially disclosed the express sharing of power of the Executive Branch. In fact, this sharing of power can’t ve lawfully be done, even as it becomes plain, that Democrats do not respect the U.S. Constitution, but twist and contort and distort to cohere with their ultimate goal and that of their Globalist puppet masters: transforming a Free Constitutional Republic into a totalitarian oligarchical dictatorship, to be merged at some point into a much larger transnational governmental scheme. But for the nonce it is clear that, so long as we have a United States Constitution, there can be no lawful sharing of power in the Executive Branch of Government. The Constitution is explicit about this.The first sentence of Article 2, Section 1, of the U.S. Constitution, sets forth succinctly and categorically that, “The executive power shall be vested in a President of the United States of America.” There is only one Chief Executive of our Nation and only one who can serve at any one time. If the Chief Executive cannot serve, for one reason or another, then the Vice President of the United States serves in his stead. That is the salient reason why the Constitution makes specific reference to a Vice President, who then presides over the Executive Branch if or when the President is unable to continue serving as President. Thus, The President is either in or he’s out. The President either serves as President or he doesn’t and steps aside. Now, this is not to say that the President cannot delegate power. Indeed, that is the principal purpose of having a principal officer in each of the executive departments,”  i.e., Cabinet Level officers, as the Constitution also provides for in Article 2, Section 2 of the U.S. Constitution.”But, Vice Presidents, themselves, traditionally have had little power. The Constitution does not even suggest that they have an advisory role, as advisory roles go to Cabinet-level officers of the Executive Branch of Government, as the Constitution provides for in Article 2, Section 2 of the U.S. Constitution. Consider these quotations from “Everyday Power” that exemplify the lack of a defined role for the person who serves as Vice President during the tenure of the President:

  • “I do not propose to be buried until I am dead.” — Daniel Webster, turning down the vice presidency in 1839
  • “Being vice president is comparable to a man in a cataleptic fit; he cannot speak; he cannot move; he suffers no pain; he is perfectly conscious of all that goes on but has no part in it.” — Thomas R. Marshall, vice president under Woodrow Wilson
  • “I am vice president. In this I am nothing, but I may be everything.” — John Adams
  • “The second office of this government is honorable and easy, the first is but a splendid misery.” — Thomas Jefferson in 1797, when he was vice president
  • “I would a great deal rather be anything, say, professor of history, then vice president.” — Theodore Roosevelt
  • “I have no interest in it. Might very well turn it down, indeed, and probably would.” — Al Gore
  • AND THIS ONE FROM JOE BIDEN: “I never had a boss. I don’t know how I’d handle it.” – Joe Biden, when asked in about the possibility that they might select him to be Barack Obama’s running mate.

The President can, of course, delegate power to his Vice President as he sees fit, as the U.S. Constitution is silent about this, and delegation of power to the Vice President isn't inconsistent with the dictates of Article 2. Under the Bush Administration, George W. Bush, the 43rd President of the United States, who served from 2001 through 2009, did delegate substantial power to his Vice President, Dick Cheney. That was probably the first time in American history that a Vice President actually exercised considerable power in the capacity of Vice President.It was common knowledge that Cheney wielded considerable power within the Executive Branch, as the left-wing periodical,the Nationpointed out, going so far as declaring that Cheney was the most powerful Vice President in the Nation’s history. Be that as it may, it was understood that, despite wielding substantial power, Cheney was still only the Vice President. It was George W. Bush, not Dick Cheney who always appeared front and center before the public, declaring the decisions that he, as U.S. President made, as well that should be for it was George Bush, not Dick Cheney, who was elected U.S. President; and it was clear to the public that George Bush was in fact “THE” U.S. President. There was no sharing of power between the two to even suggest that there existed a Bush-Cheney Administration.  THE U.S. CONSTITUTION ABSOLUTELY FORBIDS THE SHARING OF U.S. PRESIDENTIAL POWER IF THAT IS TO MEAN THAT THE VICE—PRESIDENT OR ANY CABINET LEVEL OFFICIAL MAKES DECISIONS CONTRARY TO THE WILL OF OR IRRESPECTIVE OF THE WILL OF THE U.S. PRESIDENT.DELEGATION OF SOME ACTIVITIES OF THE PRESIDENT? YES, AS THE PRESIDENT FROM TIME TO TIME SO WISHES. BUT SHARING OF POWER? NO! ABSOLUTELY NOT!But at this moment in time, it is fair to ask whether the statement by “the Nation” publication, referred to supra is still true, now that Harris and the Cabinet have taken over the basic functions of the Presidency and that Kamala Harris and Joe Biden are now truly sharing power, i.e., sharing the decision-making authority as the official categorization of a “Biden-Harris Administration” clearly suggests and is obviously meant to suggest.

IF BIDEN’S COGNITIVE ACUMEN IS INDEED IMPAIRED, AS CLEARLY IT IS, DOESN’T THE AMERICAN PUBLIC HAVE A RIGHT TO BE TOLD THAT, AND SHOULD NOT BIDEN IMMEDIATELY STEP DOWN?

Back in March 2017, The Hill pointed out that,“Information that could be damaging is often withheld from the public. When Woodrow Wilson suffered a stroke, his wife and physician covered up his condition rather than installing a designee to assume the powers of the office. FDR’s disability from polio was masked; questions still linger over whether Ronald Reagan’s Alzheimer’s disease had begun to affect him in his second term.It would seem that the public’s right to know would outweigh the right to privacy of the candidates, which begs us to wonder if there should be a standard procedure to determine and reveal the medical history and status of presidential candidates, including their mental health.The same logic applies to determining when a sitting president is unfit to serve. The 25th Amendment of the Constitution provides for succession if the President dies, resigns or is unfit to discharge her/his duties. However, there are no specific criteria to define the latter, an issue that is further compounded when it concerns mental disability.The 25th Amendment has been invoked six times since its ratification, from reasons ranging to the scandals of the Nixon administration to presidents who underwent medical procedures requiring general anesthesia. No one would argue with the possibility of a disabling presidential infirmity for reasons of mental disorder. Psychosis, dementia, depression and addiction could be severe enough to impair a president's ability to discharge his or her duties. However, we lack a process and criteria to apply this constitutional mechanism for reasons related to mental function.”Since assuming Office, has the public ever received a pronouncement from Biden’s attending physician as to the state of Biden’s physical and mental health? Apparently not!But, back in July 2020, The American Spectator reported this about Biden:“It’s clear that Joe Biden is showing signs of mental aging: his speech is garbled, his sentences diverge into asides without coherence, and his numbers and names are scrambled in laughable ways (‘We have 120 million dead from COVID!’ he informed Americans last month).Biden, who was first elected to the Senate 48 years ago, has been known for decades for his verbal gaffes. Democrats usually exploit this flaw to explain away their presidential candidate’s confused speech, claiming his lackluster abilities are evidence of a life-long quirk rather than a sign of cognitive decline.‘It’s not a product of age; it’s just who he is,’ wrote Paul Waldman in the Washington Post last April.” Biden’s mental state hasn’t plateaued since assuming Office. It has only gotten worse, much worse!Pelosi and other Democrats say nary a word about that, but they weren’t reluctant about raising false flags about Trump, during his tenure in Office.As early as October 2017 Democrats raised the false and ludicrous spectacle of Trump’s mental acumen. NBC News reported,“The 25th Amendment is the ultimate constitutional ‘check’ — a corrective mechanism for an American president who is physically or psychologically unable to lead. Most important, it grants legal authority to those closest to power — first, the vice president and Cabinet members, then members of Congress — to stage an intervention. At the very least, these individuals are authorized to call a temporary timeout if the president is judged unfit to govern. Is America today in need of such an unprecedented intervention?” And, three years later, Pelosi and the Democrats were still at it: Heavy.com reported,“During a Thursday interview with Fox, President Donald Trump said, “I’m back because I am a perfect physical specimen and I’m extremely young. And so I’m lucky in that way.”Speaking at her weekly press conference, House Speaker Nancy Pelosi responded by saying that Trump was ‘in an altered state’ and ‘the disassociation from reality would be funny if it weren’t so deadly.’Pelosi then announced that Democrats would meet on Friday to talk about the 25th Amendment, which, as The Guardian pointed out, ‘contains a clause that allows a president to be removed from office against his will because of physical or mental incapacity.’” Trump fired back at the Speaker, tweeting, ‘Crazy Nancy is the one who should be under observation. They don’t call her Crazy for nothing!’”And, as late as January 9, 2021, the Los Angeles Times shamelessly, scandalously,  disseminated disinformation, asserting that Trump has a ‘delusional disorder.’“As the gatekeepers of our democracy, they need to inquire about whether Trump is potentially dangerous as the commander in chief — including raising questions about whether he has a reality-distorting mental state.One such condition is ‘delusional disorder,’ which is unique among psychiatric conditions in that the area of dysfunction can be highly circumscribed. An individual with this disorder often has a single fixed delusion and otherwise functions normally, setting it apart from illnesses such as bipolar disorder and schizophrenia, in which the patient typically experiences broad impairment in social and occupational functioning.” Yet, the Press and the White House remain painfully silent about Biden’s obvious slide into serious dementia, and yet gets seemingly distraught when Russia provides the truthful information that the U.S. Government and the Press deny the public access to, claiming Russia is engaged in a campaign of disinformation. ABC News asserts,“The Department of Homeland Security has found that Russia is spreading disinformation regarding former Vice President Joe Biden’s mental health, according to a DHS bulletin obtained by ABC News.ABC News previously reported that DHS withheld publication of an intelligence bulletin warning law enforcement agencies of a Russian scheme to promote ‘allegations about the poor mental health’ of Biden. The draft bulletin, titled ‘Russia Likely to Denigrate Health of US Candidates to Influence 2020 Election,’ was submitted to the agency’s legislative and public affairs office for review on July 7. The analysis was not meant for public consumption, but it was set to be distributed to federal, state and local law enforcement partners two days later, on July 9, the emails show. It was not— and after an uproar in the media an updated version of the bulletin was released Tuesday, providing details on what the Russian operation looks like.” Granted Russia has its own agenda, but, because Russia makes reference to Biden’s ‘poor mental health,’ is this is to mean that Russia’s pronouncements are, ipso facto, false? Rather, isn’t the U.S. Government and the “free Press” engaging in its own disinformation campaign by deliberately denying the public access to Biden’s serious mental decline? And, if so, why; what does this portend for a free Constitutional Republic and a sovereign people?Honestly, who has the public more to fear? Russia or a seditious Press and a renegade U.S. Government that is dead-set on destroying its own Nation; in emasculating its own military; attacking its own people; denigrating its own history, heritage, and culture; tearing down its own geographical borders and opening the Nation up to a flood of tens of thousands of diseased and poverty-stricken illegal itinerant aliens, international crime cartels, and an assortment of international terrorists; capitulating to a powerful, belligerent China, and to ruthless billionaire neoliberal Globalist elites, and Radical Leftist Marxists and Anarchists; brainwashing the American public; dumbing down America’s youth; barricading the U.S. Capitol with high walls, razor wire, thousands of heavily armed troops and police; engaging in a National terror campaign targeting Americans for holding “wrong” political beliefs, and creating out of whole cloth a new category of persona non grata, referred to as a “domestic” terrorist; and tearing apart the U.S. Constitution and the fundamental, unalienable, immutable, illimitable rights and liberties of the American citizenry.The official declaration of a new Administration, only two months in, and tagged the Biden-Harris Administration is not something to treat as trivial, and to dismiss as unimportant as the idea of shared power in the Executive Branch of the United States was never contemplated by the framers of the Constitution and is clearly illegal under Article 2 of the Constitution. See argument, supra. And it definitely is not cause for celebration.Kamala Harris does not herself appear to suffer from acute dementia, but her judgment definitely raises cause for concern. Here, as reported by Fox News, is a person who giggles at the thought of visiting the Southern Border, as if the colossal mess at the Southern Border is a laughing matter, and yet she is the point person whom Biden’s handlers now have placed in charge of the crisis and chaos on the Nation’s Southern Border, as reported by The BlazeAnd, the American public is supposed to feel all warm and bubbly, and safe and secure, knowing that Kamala Harris is now in charge of the crisis and chaos at the Border. Really? And what other major foreign and domestic policy decisions is Harris making on her own that one would expect of the President, as Article 2 of the United States Constitution requires? Well, she discusses policy directly with foreign leaders. See Washington Times articleTaking calls from and meeting with foreign leaders a job specifically for the United States President, not the Vice President. After all, IT IS THE U.S. PRESIDENT, not the Vice President, who takes the Oath of Office, as set forth in Article 2, Section 1 of the U.S. Constitution, to wit:— “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”So, we have some idea what Kamala is doing. But we must ask: what is it that Joe is doing? What, EXACTLY, does Joe Biden do with his time these days? Joe doesn’t tell us. It is his Press Secretary, Jen Psaki, who tells us. And Psaki informs us that, as the Washington Times reports in the same Washington Times article, supra, the staff “keeps him pretty busy.”“‘The President himself would tell you that we keep him pretty busy, and he has a full schedule this week,’ Ms. Psaki told reporters in a Feb. 8th press briefing. Note the phrasing, ‘we’ the staff, keep the president busy.”The staff keeps Joe busy with a “full schedule”? The staff keeps Biden busy doing what?Whatever it is, apart from signing documents that Biden’s staff gives to him to sign, we would like to know what other things Biden does as purported leader of the Nation, and we would like to hear that from Joe, not from his Press Secretary lest the public is left to reasonably surmise that, whatever it is Joe Biden does with his time these days, it is pretty clear he isn’t running the Country.Maybe the staff keeps him busy playing with “Tinker Toys” or with coloring books. It’s certainly a fair question to ask of the President: Just what it is this man is doing in the name of the American people, as the ostensible leader of the Nation in accordance with Article 2 of the U.S. Constitution?The public never had to ask that question of Trump’s staff. For all the vicious, vile, virulent attacks on Trump, no one ever needed to ask who it was that was running the Country.The seditious Press abhorred Donald Trump, but it wasn’t because the Press thought Trump wasn’t leading the Nation. They knew full well Trump was performing his Article 2 duties as U.S. President, and they hated him for it. They hated President Trump because he wasn't taking orders, and wouldn't take orders from the unelected “experts” of the Federal Bureaucracy. Well, that's just too bad. The electorate didn't vote Trump into Office so that he would simply be a good little fellow who, like Bush, or Clinton, or Obama, would “know his place,“ and would allow the “experts” to run the Executive Branch of Government. That's not why the American people voted Trump into Office. That wasn't what the public expected of or wanted from him. And that wasn't what the framers of the U.S. Constitution ever expected of a U.S. President either. It is the U.S. President who is expected to be the policymaker and the decision-maker, setting the course of the Nation in accordance with the will of the electorate, consistent with the authority vested in the U.S. President under Article 2 of the U.S. Constitution.  If an “expert” wishes to play the part of decision-maker, rather than a mere advisor, then that “expert” should run for elected Office himself, and attempt to convince the public that he is the best man to set policy for the Nation as President of the United States. Unelected, so-called “experts,” ever lurking in the shadows, should not be dictating policy for the Nation as behind-the-scenes surrogates for the Commander-in-Chief of the Nation. They are policy advisors only. They are not policymakers, and they are not decision-makers. Biden is neither a man with vision, nor policymaker, nor decision-maker. He is simply a messenger boy and a decidedly poor one at that as is clear just from listening to the man. Through garbled, incoherent speech, anyone can see that he hasn't a clue what it is he's talking about. And Kamala Harris is hardly more convincing as a messenger boy.And this brings us back now to Biden’s son, Hunter, whom Joe refers to as “the smartest man I know”—this coming from a man with acute dementia. If true, if Hunter is such an intellectual whiz, maybe Hunter should be running the Executive Branch of Government. But then, again, maybe not.This just out as reported by the New York Post:“The Secret Service intervened in an investigation into a 2018 incident involving Hunter Biden and his girlfriend at the time — his former sister-in-law, Hallie — in which she took his gun and tossed it into the trash, thinking he was going to kill himself with it, according to a report.When she returned to retrieve the gun, it was gone, Politico reported on Thursday.Police in Delaware launched an investigation in case the gun, left in a trash can across from a high school, had been used in a crime, the report said.But Secret Service agents contacted the owner of the store where Hunter bought the gun and asked to take the paperwork recording the sale, Politico reported.The owner, Ron Palmieri, at first balked at the request, suspecting they were attempting to hide Hunter’s ownership of the gun, but ultimately complied and turned over the documents to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the government agency that oversees federal gun laws.The Secret Service said it has no record of agents investigating the incident and said President Biden was not under protection at the time.Then, several days later, the gun was returned by a man who searches trash.There were no charges filed or arrests in the incident.The role of the Secret Service remains unclear.Hunter answered ‘no’ to the question on the transaction asking, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’ . . . .Lying on the form is a felony.” Okay, so here we have a man, Joe Biden, who wants and intends to take away “assault weapons” from the civilian population—that is to say semiautomatic firearms—from tens of millions of law-abiding, responsible, rational American citizens. And, the public learns that Joe’s son, Hunter—someone who suffers from chronic illicit drug addiction as Hunter Biden readily admits, and as the Guardian newspaper, for one, reports—has gotten hold of a handgun which he isn’t supposed to have possession of precisely because of his addiction, but obtained a gun anyway because he lied on Federal ATF Form 4473, Firearms Transaction Record (Form 4473) regarding his drug addiction. Lying on ATF Form 4473 is a felony. This is bad enough. But what is worse is that the Secret Service, operating ostensibly on behalf of the President of the United States, has, it is apparent, misused its substantial power and authority in an inglorious, disgraceful attempt to cover up the President’s son’s felony, and, in doing so, compounding the wrongdoing and making a blatant hypocrite of Joe Biden in the bargain.Biden, you see, prides himself on being tough on gun issues and on keeping guns out of the hands of those who shouldn’t have them. It's the one thing, perhaps the only thing, that he has retained any lasting memory of and conviction about. And, given his recent remarks, both he and Harris seek to impose new, extremely stringent firearms measures on responsible, rational, law-abiding citizens—making it unlawful for the average, responsible American civilian citizen to possess any semiautomatic firearm.What, then might American citizens make of all of this?We have seen duplicity and hypocrisy by Democrats and their friends in the Federal Bureaucracy before, and with disturbing regularity. And that duplicity and hypocrisy continue.The public has certainly seen more than a few examples of egregious unethical and illegal behavior on the part of high-level DOJ and FBI, who have made unethical and illegal behavior common practice. During the entirety of Trump’s tenure in Office, the DOJ and FBI became a political tool of those both within the DOJ and FBI and outside it who waged a concerted war to destroy Trump, his Administration and those closest to him; all in a shameful, ignominious, unlawful attempt to undermine the will of the electorate who voted him to Office.And now we see apparently unlawful behavior on the part of the Secret Service running interference for the President and his wayward son to hide the evidence of Biden’s son’s illegal purchase of a firearm.With scarcely more than two months into the so-called Biden Presidency (now Biden-Harris Presidency)—the coup d’état completed—it wouldn’t be an exaggeration to say our Country is going to Hell in a Handbasket.Excuse us. Our Country isn’t going to Hell in a Handbasket; we are already there!____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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I AM A GUN AND THIS IS WHAT I HAVE TO SAY

I am a Gun. I am not a person. I, myself, am incapable of harming anyone. Only a person is capable of harming another person. I cannot, myself, harm a person. And I cannot force a person to use me for an evil purpose. In the hands of a rational, competent, law-abiding person, I serve a greater good. In the hands of an irrational, incompetent, lawless individual, I serve a dark end. But, I, myself, must be held blameless because I am not a person.Many ill-informed individuals are quick to cast aspersions on me. They will say or suggest that I am evil incarnate. I am not. I do not have the power of choice. I do not have “free will.” Only a human being has the power of choice; only a human being has free will. I do not. Only a human being can choose to do good or ill, in accordance with that person’s “will.” I cannot. Still, there are those who believe, falsely, that I am evil, and strenuously make that claim. That truly puzzles me; for, only a person who misuses me can be deemed evil.Those who denigrate and demean me fail to realize the enormous positive benefit that I have brought and continue to bring to this Nation. The United States could not exist but for me. The founders of this free Republic used my great great grandfather, the flintlock, to forge a mighty Nation. During the Second World War, my cousins—including, among others, the M1 Garand Rifle, the Thompson submachine gun, and the Browning Automatic Rifle—in the competent hands of our Nation’s troops, helped to defeat two of our most powerful and intractable foes: Nazi Germany and the Empire of Japan. I have also assisted and continue to assist our police officers in helping protect our communities from lawless elements.AND, I AM, TO THE COUNTLESS AVERAGE, LAW-ABIDING, RATIONAL, RESPONSIBLE AMERICAN CITIZENS--AS THE FRAMERS OF THE UNITED STATES CONSTITUTION INTENDED--THE MOST EFFECTIVE MEANS AVAILABLE THROUGH WHICH THESE CITIZENS ARE ABLE TO PRESERVE AND DEFEND THEIR LIFE, SAFETY, AND WELL-BEING AND THE LIFE, SAFETY, AND WELL-BEING OF THEIR FAMILIES—FROM THOSE RUTHLESS, TERRIBLE, EVIL ELEMENTS IN SOCIETY WHO SEEK TO DO HARM.Going back far earlier in time, my ancestors, the matchlock and wheel lock firearms, gave to the common man the ability to grapple effectively with powerful nobility, who wore formidable suits of armor, wielding massive lances and swords, sitting atop powerful steeds.There is much to commend me. Unfortunately, history’s revisionists dismiss me out-of-hand, selectively  focusing only on those who have misused me. In recent months, young men who gained access to me, and who should never have gained access to me, have committed monstrous acts. Those monstrous acts have been wrongly ascribed principally to me, rather than to the individuals who have misused me. I am well aware of the horrific acts that deranged young people have done. Their monstrous acts should not have occurred and would not have occurred but for crucial missteps by irresponsible people who failed to properly secure me.In 2012, a severely mentally unstable young man, Adam Lanza, gained access to his mother’s firearms. Had I been able, I would have warned Nancy Lanza, Adam’s mother, to properly secure me so that her mentally disturbed son could not gain access to me. She failed to do so. Her irresponsible act in failing to properly secure me led directly to her death at her son’s hands. This sad, deranged young man, Adam Lanza, then carried me to a public school, Sandy Hook Elementary School, located in Newtown, Connecticut. In his hands, Adam Lanza used me to kill innocent children and teachers. But for Nancy Lanza’s irresponsible actions, this horrific incident would never have happened and could never have happened. Major media organizations wrongly blamed me for the tragedy.A similar horrific event occurred, in February of 2018. Another deranged young man, Nikolas Cruz, wrongfully gained access to me, and used me to murder or seriously injure many innocent students and teachers—this time at another public school, Marjory Stoneman Douglas High School, located in Parkland, Florida. Once again media people, reporting on this event, at the urging of those individuals who profess a pathological hatred toward me, blame me for the senseless tragedy, claiming that it is I, rather than this young man, Nikolas Cruz, who is the principal cause of the tragedy.Legislators, members of the mass media, and members of groups who call for my eradication, fail to realize that it is not I that cause violence. To cause violence I must have the desire to do violence, and once having the desire to do violence, I must then act on that desire. But, I am incapable of desire, and I am incapable of action. People, alone, are capable of desire and people alone are capable of acting on their desires. People are causal agents of harm. I am not a causal agent, but merely an object, a tool. Yet, I am blamed for the evil actions of those who misuse me. On careful reflection, though, it is clear that it is the killer, Nikolas Cruz, 19 years old, and it is those agents of Government who knew or should have known of the danger Nikolas Cruz posed to the community, who are the principal causes for harm done to others.There were multiple warnings and warning signs of the danger Nikolas Cruz posed to the community, but Governmental authorities failed to heed those warnings and those signs. Had I been able to, I would have spoken up, alerting the School Board, alerting the FBI, and alerting the County Sheriff’s Office, of the imminent danger posed by Nikolas Cruz. The tragedy that occurred was easily preventable. Yet, local, County, State, and Federal authorities are not held to account. I, however, am held to account. I, the Gun, am deemed responsible for the myriad failings of people.Irresponsible, lawless acts, uncorrected, tend to repeat themselves—an endless loop of tragedy occurring ever again. So it is that yet another severely disturbed young man, Dimitrios Pagourtzis, went on a shooting rampage at a high school, in Santa Fe, Texas. That tragedy unfolded recently. How did this happen? Quite simply, the young man’s father failed to properly secure me. The father breached a duty of care owed to the community to prevent his son from gaining access to me. That failure led to horrific tragedy.The pattern is disturbingly familiar, replaying itself over and over again, and each time, the tragedy was preventable, and would have been prevented but for the failure of adults residing in the community, and but for the failure of Governmental authorities to act to thwart the tragedy. And, once again, the blame for the tragedy is laid at my feet. I, who cannot do any act, good or ill, but for an agent who wields me, is ever the scapegoat.Of course, the vast majority of gun owners are responsible. They treat me with respect. They handle me competently; and they properly secure me, preventing those who must not gain access to me, from doing so. Yet, there are individuals in Government, in industry, and even foreigners who bear a personal grudge against me and who hold me in contempt. And there are groups, comprising individuals whose sole purpose for existence is to eradicate me. These individuals think that by dispossessing millions of average, law-abiding, rational, responsible American citizens of me, the Gun, that violence will stop. It will not stop.A person need merely consider that, in many Western nations where Government has essentially banned me, violence continues unabated. Sociopathic and criminal elements in society still obtain possession of me and use me to seriously injure or kill innocent people. And, even if horrible, evil people do not have immediate access to me, that does not prevent them from causing horrific violence just the same. Those people who desire to harm others will always find a way and means to do so. And, they have done so, repeatedly, constantly, using knives, and bombs, and even cars and trucks to murder and maim innocent people.Still, the drumbeat continues for my banishment from so-called “civilized” society. Those individuals who detest me argue that violence can be stemmed simply by outlawing me. But, arbitrarily denying the average responsible citizen from owning and possessing me will do nothing to prevent lawless and deranged individuals from doing harm, whether by wielding me, or by wielding or utilizing another object. And, when all is said and done, I am just that—an object, a tool, nothing more. Those who seek to blame me, profane me, debase me, denigrate me, castigate me, would do well to recall a quotation from the classic 1953 Western film, “Shane,” where the protagonist offered this sage advice concerning me, as he addressed the wife of a rancher:“A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it.”Those who desire to ban me outright would do well to remember that banning me will do nothing to prevent the occurrence of and recurrence of evil acts. Evil cannot be legislated away, even as some people seem to believe that it can be legislated away or would like to believe that evil can be legislated away through the simplistic, implausible, unconscionable, and constitutionally impermissible, unlawful expedient of denying to the average, rational, responsible, law-abiding American citizen the fundamental right to own and possess me. At the end of the day, evil remains, and monstrous acts of violence will, unfortunately, continue to occur because evil exists in the heart of those people who seek to do evil, and there are, lamentably, all too many of those in the world. Evil does not and never did exist in me, “The Gun.”_________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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MARJORY STONEMAN DOUGLAS HIGH SCHOOL’S SECURITY SYSTEM WAS INEFFECTIVE AND INADEQUATE, BUT WHAT DOES AN EFFECTIVE SCHOOL SECURITY LOOK LIKE?

PART TWO

A TIPPING POINT IS REACHED: SUBSEQUENT TO THE MASS SHOOTING INCIDENT AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL, IN PARKLAND, FLORIDA, THE PUBLIC CLAMORS FOR AND DEMANDS ANSWERS, AN ACCOUNTING, AND A CALL FOR CORRECTIVE MEASURES ACROSS THE COUNTRY.

Parkland, Florida is a wealthy enclave abutting prominent Florida Cities—Coral Springs, Boca Raton, and Palm Beach. The public learned about Parkland after tragedy struck the City’s public high school: Marjory Stoneman Douglas. A deranged young man, 19-year old Nikolas Cruz, entered the School on February 14, 2018, armed with a semiautomatic rifle and several rounds of ammunition. During the ensuing shooting spree, Cruz murdered 17 people, including both students and teachers. He wounded several more students, many seriously.Why Nikolas Cruz went on a shooting rampage is open to speculation. How it is he succeeded in killing and injuring innocent people, isn’t. Unlike many schools across the Country, both public and private—including preschools, elementary schools, middle schools, and high schools, as well as colleges and universities—it is abundantly clear that one School, Marjory Stoneman Douglas, had woefully inadequate security. The lack of adequate security gave the killer an open invitation to visit harm on the School, and he took full advantage of security deficiencies to wreak havoc--with immediacy and ferocity--on innocent students and teachers alike.

THREE CRITICAL FAILURES LED TO HORRIFIC TRAGEDY

THE FIRST FAILURE

The Board of Education of Marjory Stoneman Douglas employed one Broward County Sheriff’s Deputy at the School, dubbed the “School Resource Officer.” Apparently, that was the only security provided. Once Nikolas Cruz began his rampage through the School, murdering both students and teachers, Deputy Sheriff Scott Peterson, hunkered down behind a barrier, outside the School, his handgun drawn. But, he never ventured inside the School to confront the shooter. A few more Broward County Sheriff’s Deputies arrived soon after. They, too, never ventured inside the School even though Peterson repeatedly said gunshots were coming from inside the School building.Once the Coral Springs Police SWAT team arrived, the members were aghast to find Broward County Sheriffs’ Deputies huddled together outside the School—none had entered the School, to stop the shooter. And where was he? Unlike many mass shooting incidents, the killer in the Parkland, Florida incident, Nikolas Cruz, obviously didn’t have a personal death wish even as he dealt death on others. He left the School Building, blending in with other students. He was later apprehended by an Officer from the Coconut Creek Police Department.

THE SECOND FAILURE

Both the Broward County Sheriff (‘BSO’) Scott Israel and the Miami Office of the FBI received a substantial number of tips, warning of the erratic behavior of Nikolas Cruz through the months, weeks, and even days leading up to the tragedy, but neither the FBI nor the Sheriff acted on the tips. In fact, the BSO Scott Israel received 45 tips involving the danger Nikolas Cruz posed to the community, but did nothing. Ever the politician, Scott Israel blames others under his command for his own failures to protect his community and not surprisingly has rebuffed calls for his resignation. The FBI doesn’t escape unscathed from the failure to act, either. The Miami Herald reports the FBI delivered an official apology. An official apology from the FBI may be extraordinary, but it hardly suffices and comes across as lame. Governor Rick Scott called for FBI Director Christopher Wray to step down. He won’t.

THE THIRD FAILURE

The High School did not inform the police about dangerous students. This undoubtedly speaks to President Barack Obama's legacy policy.The City Journal reports:“In an effort to combat the “school to prison pipeline,” schools across the country have come under pressure from the federal government and civil rights activists to reduce suspensions, expulsions, and in-school arrests. The unintended consequences of pressuring schools to produce ever-lower discipline statistics deserve much more examination.  Florida’s Broward County, home to Marjory Stoneman Douglas High, was among the leaders in this nationwide policy shift. According to Washington Post reporting, Broward County schools once recorded more in-school arrests than any other Florida district.”  President Trump and his Education Secretary, Betsy DeVos, must change a previous Administration's nonsensical policy.

WHAT IS BEING DONE TO ADDRESS WOEFULLY  INEFFECTIVE AND INADEQUATE SECURITY SYSTEMS IN MANY OF OUR NATION’S SCHOOLS?

In the aftermath of the Parkland, Florida tragedy, the Florida State Legislature drafted legislation in the hope of preventing future tragedies. The bill, titled the Marjory Stoneman Douglas Public Safety Act (2018 Bill Text FL S.B. 7026), was signed into law by Governor Rick Scott on Friday, March 9, 2018. Other States are in the process of drafting and enacting their own bills. In all instances, the question that must be asked is this: Does legislation to prevent future school tragedies truly address the issue of school safety or is school safety merely the pretext to further restrict legitimate firearms’ rights of the average, rational, law-abiding citizen? A quick look at the Florida Act leads one to conclude that at least a couple of features of the Act have nothing to do with School safety and everything to do with gun control.Evidence of the insertion of antigun agenda policies exists in the Florida Act: the imposition of a three-day waiting period between the date of purchase and receipt of any firearm; and age constraints as no person under the age of 21 may purchase any firearm. If legislation is truly designed to prevent future tragedy in schools, then legislation should be directed to and limited to that effort.

WHAT DOES A RESPONSIBLE, RESPONSIVE, CREDIBLE SECURITY SCHOOL PLAN CONSIST OF?

Two important points must be addressed before discussing corrective actions for Marjory Stoneman Douglas High School or for that matter, any other school in this Country. First, no security system, regardless of sophistication and refinement, is worth the cost of its design and implementation if those charged with its operation provide half-hearted efforts to see to it that the system functions at optimum efficiency, reliability, and effectiveness. Second, where systemic failures exist, lives will always be at risk.The School Resource Officer, Deputy Sheriff Scott Peterson, who did not confront the shooter, is a coward; no question about it; and the other Deputy Sheriffs who arrived soon after the shooting began, did not confront the shooter either. Their inaction or inappropriate action amounts to ineptitude and gross incompetence at least; and abject cowardice at worst. Our takeaway: even the inclusion of armed security personnel in the design of a security system—which ought to be considered a critical aspect of an effective security system—is of no value if security personnel lack both the requisite training and ability to counter a threat or, otherwise, are physically or psychologically unsuited to the task of confronting a deadly threat quickly, stalwartly, and forcefully.

WHAT SHOULD AN EFFECTIVE SCHOOL SECURITY SYSTEM CONSIST OF?

The expression, ‘hardening,’ of security defenses of a school often comes up in discussion. What does this mean? As we use the expression, it means that an effective security system—a truly effective security system—must be multilayered and multifaceted. Such a security system should consist of three primary layers or facets. The first layer consists of an array of “passive” technological and non-technological features, implemented throughout the school or incorporated into the structure of the school. See the Arbalest Quarrel article, Part One on School Safety. A second layer consists of both armed and unarmed personnel, monitoring and patrolling the school building and school grounds. A third layer requires involvement of students, faculty, and administrators and requires, too, the active involvement of the community at large. If erratic dangerous behavior is perceived in a student, that behavior should be reported to the appropriate senior school official or officials who must assess the level of risk and notify police officials if necessary or provide counseling for that individual. And, if, or when, an active threat occurs, students, teachers, school administrators, and security personnel must have a plan of action and must be prepared to execute that plan of action immediately.In our next article we will look at each of these facets of security in more depth._______________________________________________________

GET INVOLVED! CALL YOUR STATE OR LOCAL GOVERNMENT!

Find out what your State and local government officials have done to make all the schools in your community—preschool; elementary, middle and high schools; technical schools, and colleges and universities—safe.This, ultimately, is your responsibility. If your government officials have taken no action or minimal action or are reluctant to discuss the issue with you at all, then you must join with other members of your community to make sure your government officials are responsive to and do listen to your concerns and that they address the issue of school security. After all, these Government officials work for you. not for themselves, and they owe it to you to make sure that the life and well-being of your children are safe. There is no excuse for delay. Don’t wait for your child to become another statistic!________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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AS TRAGEDY STRIKES MARJORY STOMEMAN DOUGLAS HIGH SCHOOL, ANTIGUN ACTIVISTS SHAMEFULLY ENLIST STUDENTS TO CARRY OUT THE ANTIGUN AGENDA.

ANTIGUN ACTIVISTS USE THE HYSTERIA OF THE MOMENT TO PURSUE THEIR AGENDA OF GUN CONFISCATION

With the latest shooting tragedy—this one at Marjory Stoneman Douglas High School in Parkland, Florida—antigun groups wasted little time in singling out a culprit—the AR-15 5.56 NATO / 223 semiautomatic rifle. The mainstream media quickly echoed the sentiment of antigun groups and their fellow travelers in Congress: if Government would just confiscate guns from the civilian population, commencing with semiautomatic “assault weapons,” society would be better off for it and all would be right with the world.In the hysteria of the moment, it is considered anathema to counter this sentiment or to question the underlying assumption. Banning civilian ownership and possession of firearms is proclaimed as a surefire panacea to preventing gun violence. It is recited as a categorical imperative; an irrefutable truth. But is it?Lost in any discussion about gun violence is any mention of one obvious and incontrovertible fact: that the tragedy at Marjory Stoneman Douglas High School would not have happened—could not have occurred—if the School Administration had simply instituted a multilayered set of strategies to harden the school against security breaches. It didn’t. The result, while horrific, cannot and should not be construed as altogether unexpected and inexplicable in the peculiar age we live in.It is an age marked by broken homes and social alienation. It is an age beset by the rupture of core values and the seeding of a new ethos consisting of a hodgepodge of unassimilable multicultural influences, including multilingualism, and moral relativism; a hollowing out of sacred traditions, the denigration of basic Christian virtues, and a perfunctory attitude of indifference over the important role of the traditional nuclear family in shaping young lives: extolling the importance of self-reliance, personal integrity, and courage in dealing with adversity; promoting a love of Country, respect for our National heritage, and instilling a code of morality and a strong work ethic in our children. This is, unfortunately, an age that seeks out and relishes instant gratification. It is an age that redefines anomalous gender diversity and gender dysphoria as a social preference, a life choice, rather than the psychiatric disorder, which it really is. We live in an age of rampant exploitation of and, indeed, promotion of human weakness, that becomes ever easier through advances in technology and communication.We see an endless parade of new, ever more violent, hyper-realistic video games. We see a continuous procession of cinematic “treats” of gratuitous violence offered up by Hollywood moguls, ever willing to exploit and reinforce the public appetite for on-screen depictions of violence and carnage—all to turn a profit. And we see the blatant hypocrisy of Hollywood actors—highly paid individuals who take pride in their onscreen portrayals of psychotic and psychopathic killers, as they engage in over-the-top murderous sprees; pretending to be adept in the use of the firearm props they are taught to handle deftly for the roles they play onscreen. And, then we see these same actors sanctimoniously denouncing guns off-screen, and denouncing, too, the millions of law-abiding citizens who choose to exercise their Constitutional right to own and possess guns for the very real purpose of self-defense—hardly play acting.

WHO OUGHT RIGHTFULLY BE BLAMED FOR THE TRAGEDY AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL?

Accusations are flying fast and loose as to whom bears responsibility for the cause of the tragedy. Lest the public forget—over the hailstorm of accusations flying hither and yon—the fact remains that blame for the tragedy falls, first and foremost, on the killer, himself, Nikolas Cruz. This sad, deranged young adult bears ultimate responsibility for the horror inflicted on innocent lives he lashed out against in his mindless rage. But, there are others in the cast of characters that bear a share of the responsibility.The Florida Department of Education and the Superintendent of Broward County Public Schools must share in the responsibility for failing to harden Florida schools against armed intrusions. And, the Governor of the State bears more than a modicum of responsibility for failing to secure schools against armed assault. And, through failure to heed warnings of the real threat posed by the Nikolas Cruz, the FBI, and Florida State and local Police must share in that responsibility.The other day the public learned that an armed Broward County Sheriff’s Deputy, who was assigned to Marjory Stoneman Douglas High School, cowered outside the School, as the killer stalked the halls inside, undeterred. This unnamed Sheriff’s Deputy displayed abject cowardice. Had he steeled himself, as he was trained to do, as he was purportedly psychologically predisposed to do, he would have certainly prevented the loss of many lives; perhaps he could have prevented the loss of any innocent life, had he acted.

WHO DO ANTIGUN GROUPS WRONGLY BLAME FOR THE TRAGEDY AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL?

Antigun activists, antigun politicians, and antigun journalists and news commentators blame, of course, the gun—an inanimate object—as if the gun itself had walked into the school and commenced shooting innocent high school students and teachers. They always do, but this accusation against the gun is ludicrous on its face. Antigun activists also cast blame on the NRA and on the Second Amendment, refusing to accept the fact that tens of thousands of American citizens defend themselves and their families with firearms every year.

NRA IS THE PREMIER CIVIL RIGHTS ORGANIZATION.

Contrary to popular belief, the NRA, not the NAACP, is the oldest civil rights organization. The NAACP was founded in 1909, but NRA was founded in 1871. The NRA has trained millions of individuals and law enforcement in the proper use of firearms for well over one hundred years. As the premier defender of the Second Amendment, NRA is at the forefront in protecting our sacred rights and liberties as codified in the Bill of Rights, ratified in 1791. The mainstream media though heralds the NAACP as the premier civil rights organization and condemns NRA. Apparently, the American citizenry is expected to forsake 240 years of history and to adopt EU socialist principles that eschew individual self-reliance as embodied in America’s Second Amendment. The EU itself is a contrivance, thrust on European Nation States through a coup d’état, meticulously and deftly orchestrated in the mid-Twentieth Century, by the same “elites” of Europe that pull the strings of the various antigun groups, antigun politicians, and antigun mainstream Press in our Country, today. See the Arbalest Quarrel article, "NRA Freedom, Join It."

ANTIGUN GROUPS NOW USE HIGH SCHOOL STUDENTS TO PROMOTE THEIR INSIDIOUS ANTI-AMERICAN AGENDA.

A new tactic of antigun groups and of their billionaire internationalist EU benefactors involves the recruitment of and exploitation of teenagers as message boards. Taking their cue from cosmetic and clothing companies that hire models to hawk their products to the public, antigun groups realized they could employ articulate, photogenic students from Marjory Stoneman Douglas High School, and from other schools, to promote their agenda. We may see these groups using this technique more in the future. They know that no one would dare challenge young adults.Clearly, these students did not simply voice outrage at gun violence spontaneously. They have been carefully coached. How do we know this? Consider what they are saying. They are using phraseology and sloganeering of the antigun activists, of antigun politicians, of antigun media personnel: referring to AR-15 semiautomatic rifles as “weapons of war;” calling for “background checks;” telling the American public to vote pro-Second Amendment legislators out of Office; attacking the “Gun lobby.” They aren’t simply speaking for themselves; they are puppets of antigun political activists and of the wealthy, secretive internationalist benefactors that bankroll antigun groups and antigun legislators. Ruthless forces both here and abroad seek to undermine this Nation’s Second Amendment. They have their own agenda and they see, in these students, a useful tool to be manipulated in efforts to destroy the right of the people to keep and bear arms.Doubtless, the words uttered sound fresh and heartfelt and emphatic, even if there is really nothing new about the messages. These students would not be compelling spokespersons for antigun activists if that were not true. But the messaging derives from antigun group sponsors, not from the students. There is a sophistication in the organization of these students that cannot be reasonably explained away as an impromptu effort by students themselves. These students are dupes for a cause that has nothing to do with the students’ personal safety and well-being and has everything to do with the undermining of our sacred rights and liberties. These students might reflect upon this before allowing themselves to be employed for an agenda that is not their own. But, then, these young adults are in shock. That makes use of these young people by antigun activists even more reprehensible.

ALERT: CONTACT YOUR REPUBLICAN CONGRESSIONAL REPRESENTATIVES NOW.

Tell your representatives they must not bow to antigun activist pressure to reinstate semiautomatic weapons and LCM bans.PHONE: U.S. Senate: (202) 224-3121; PHONE: U.S. House of Representatives: (202) 225-3121______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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CONGRESSIONAL DEMOCRATS AND MAINSTREAM MEDIA CONNIVE TO DOWNPLAY IMPORT OF NUNEZ MEMO

PART TEN

A NATION UNDER SIEGE

Once President Trump declassified the House Intelligence Committee “Nunez Memo”, over spurious objections of the FBI, the mainstream media’s propaganda mill, conspiring with Congressional Democrats, went to work, in their wrongful, hurtful, spiteful attempt to make short shrift of it, downplaying the Memo’s significance, and attacking specific portions of the Memo, in minute detail.Minority House Speaker Nancy Pelosi—never one to be lost for words and always giving her “two cents,” if her words were ever worth that much—denounced the Nunez Memo, too, asserting the Memo is “false,” “horrible,” and a “release of distorted intelligence.” The American public can dismiss outright Pelosi’s use of the adjective, ‘horrible,’ since the word is nothing more than a pejorative, devoid of rational significance. Pelosi’s claim that the Memo is “false” and that it amounts to “distorted intelligence” is more problematic and requires clarification. Is Pelosi saying the entirety of the Memo is false or just portions of it? And, if she is claiming that portions of the Memo are false, then which portions is she referring to? And, as for her claim that the Memo amounts to “distorted intelligence,” the American public has a right to ask Pelosi to explain in what way the Nunez Memo distorts intelligence? For all that she has to say about a myriad of subjects, Pelosi has, apparently, nothing noteworthy to say about the Nunez Memo apart from making presumptuous and impertinent claims about it. The mainstream media Press of course, does not ask Pelosi to explicate her remarks. It never does. It simply wishes to give Pelosi a platform for airing them.The New York Times does provide an account of purported failings of the Nunez Memo. But, does The New York Times’ analysis of the Nunez Memo buttress Pelosi’s bald claims? Or, does it simply add to burgeoning media obfuscation to defeat the import and impact of the Memo?

CONGRESSIONAL DEMOCRATS AND THE MAINSTREAM MEDIA WRONGLY CRITICIZE CHAIRMAN DEVIN NUNEZ FOR FAILING TO REVIEW THE UNDERLYING FBI APPLICATION UPON WHICH THE MEMO IS BASED.

Before, the Arbalest Quarrel begins with its critique of the NY Times’ criticism of the Nunez Memo, we wish to make abundantly clear that Chairman Nunez and other Republican members of the House Intelligence Committee who took part in the drafting of the Memo were assiduous and meticulous in their preparation of it. Further, while Congressional Democrats and the mainstream Press are quick to point out that Chairman Nunez did not himself review the underlying FBI Application upon which the Memo is based, this is but one more lame attempt to discredit the Memo. For, the fact remains that the FBI would not permit every member of the Committee to view the Application through which the FISC issued the warrant permitting surveillance of Carter Page. The Mainstream Press obscures this point.Chairman Nunez appointed Trey Gowdy (R-SC)—a licensed attorney and former Prosecutor, who sits on the House Intelligence Committee and who, as with all the members of the Committee—to review the Application, and to report back to Chairman Nunez. Thus, Representative Gowdy’s review of the underlying FISA Application serves as the basis for the Memo.

THE NUNEZ MEMO WAS PREPARED WITH GREAT CARE: TRUTH AND ACCURACY; CLARITY AND COGENCY; FORTHRIGHTNESS; CANDOR; TERSENESS; AND RECITATION OF SALIENT, CRITICAL POINTS, ARE THE KEY FEATURES OF IT.

Before we begin with our analysis of the NY Times’ criticism of the Nunez Memo, keep in mind that Chairman Nunez and other Republican members of the House Intelligence Committee who took part in the drafting of the Memo were assiduous and meticulous in their preparation of it. The DOJ/FBI would not permit every member of the Committee to view the Application upon which the FISC issued the warrant permitting FBI surveillance on Carter Page and which served as the basis for the Nunez Memo.

TREY GOWDY IS LEAVING CONGRESS.

Curiously, Representative Gowdy, an individual, demonstrating both abundant intelligence and integrity, has, inexplicably, announced his retirement from Congress at the end of his term, and that he will be setting up a private law practice. Even more inexplicably, Fox News reported that President Trump offered Gowdy a seat on the United States Court of Appeals for the Fourth Circuit, but the Congressman turned the offer down.Federal Judgeships are lifetime, prestigious, coveted appointments. Seats on the United States Appellate Courts are especially rare, prestigious appointments, second only to appointments on the United States Supreme Court. No attorney or jurist turns down an opportunity for a federal Court appointment, especially an opportunity to serve on a United States Circuit Court of Appeals, but Trey Gowdy did so.One cannot but wonder as to Trey Gowdy’s motive or motives: first, for announcing his departure from Congress; and, second, for turning down a U.S. Circuit Court judgeship.On Face the Nation,” that aired on Sunday, February 4, 2018, Representative Gowdy said that he is a “pretty lousy politician.” That self-deprecating statement is certainly untrue. There are lousy politicians in Congress to be sure, and from both Political Parties. The laundry list is long. But, Trey Gowdy is not one of them. Contrary to this acutely odd, self-effacing statement, Trey Gowdy is one of the best Congressional Representatives this Nation has. The Arbalest Quarrel suspects that much more is going on here. What has Gowdy learned about Government that disturbs him? What does he know and isn’t telling? We may speculate on this, but this much we do know: a war—a secretive war—to gain control over the minds of the American citizenry and, in fact, to gain control over the minds of the populations of Western Nation States generally has been waged at least since—or has been gaining speed since the end of World War II. We may trace this to the first meeting of the so-called “Bilderberg Group” in 1954, which coincided, likely not coincidentally, with the Treaty of Rome in 1957—a singularly critical Treaty that created the European Economic Community (EEC). We can readily infer that the EEC, that, today, we know as the Union (EU), is the master-plan, under the guise of promoting Economic unity. It is the mechanism through which the trans-national, international globalist “elites” intend to control the political processes over all the Nations of Europe and, not incidentally, eventually over the U.S. as well. The European Union is also the vehicle through which these abjectly ruthless, immensely powerful, exorbitantly wealthy, and inherently insidious, secretive forces intend to compromise the Governments of Europe; to compromise the constitutions, and institutions, and social fabric of those Nations; to subvert the core values and culture of the Nations of Europe; to create discord in those Nations through infusion of unassimilable, diffuse races; to disassemble moral, ethical underpinnings of the Nations of Europe; and to belittle the import and purport of the concepts of 'patriotism,' and 'national identity,' and 'citizenship.' The rapacious forces that control the EU intend to exert their control over the United States as well; and we are seeing their influence through the insinuation of the Deep State and Shadow Government into our political processes and through a massive disinformation and misinformation campaign carried out by the mainstream Press.

THE ISSUE OVER THE NUNEZ MEMO AND ITS DETAILING OF MASSIVE CORRUPTION IN THE UPPER ECHELONS OF THE FEDERAL LAW ENFORCEMENT COMMUNITY WILL NOT GO AWAY, EVEN THOUGH REPRESENTATIVE ADAM SCHIFF, THE RANKING DEMOCRATIC PARTY MEMBER ON THE HOUSE INTELLIGENCE COMMITTEE, AND HOUSE MINORITY SPEAKER, NANCY PELOSI, AND SENATE MINORITY LEADER, CHUCK SCHUMER, AND RANK AND FILE CONGRESSIONAL DEMOCRATS, ALONG WITH CONGRESSIONAL DEMOCRATS' FELLOW TRAVELERS IN THE MAINSTREAM MEDIA, WOULD LIKE IT TO GO AWAY.

The battle over the minds of the American citizenry is now being fought in the public square. It is being waged through the liberal social media, and by the liberal “tech” Companies, and through the mainstream Press. And it is being waged in the Halls of Congress. The Nunez Memo, important as it is, serves an even greater need. For the message it conveys to the American citizenry is that this Nation is under siege. The institutions, comprising the federal law enforcement community and the intelligence Community—that Congressional Democrats claim the public must continue to have faith in at all costs—have contemptuously betrayed the trust of the American people. They have betrayed their oath to serve this Nation. They have betrayed their oath to preserve this Nation’s Constitution. So, what ought the American citizenry place their faith in? First and foremost, Americans should place faith in themselves, for it is within the American citizenry that true authority and power exists and has always existed. Second, the American citizenry should place their faith in their sacred rights and liberties as etched in stone in the Bill of Rights of the Constitution, by the Nation’s Founders. For, the Bill of Rights long predates the creation of both the FBI and DOJ and long predates the creation of the agencies that comprise the vast, secretive intelligence community, all of which are of relatively recent vintage, and a few of which are of very recent vintage. In the great scheme of things, the Americans’ faith in themselves must not falter; all else is fair game.The Arbalest Quarrel begins its assessment of the NY Times analysis of the Nunez Memo in the next article of this multipart series.

ALERT: CONTACT YOUR REPUBLICAN REPRESENTATIVES IN CONGRESS

Tell your Congressional Representatives to investigate corruption in the law enforcement and intelligence communities and to bring corrupt officials to justice. Phone: 202-224-3121.______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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MAINSTREAM “PRESS” AND CONGRESSIONAL DEMOCRATS COORDINATE BRAZEN ATTACK AGAINST NUNEZ MEMO

PART NINE

One would think the publishers, editors, and reporters who work for the mainstream Press—all those who claim to prize and champion the principles of civil libertarianism—would have applauded efforts of the Republicans on the House Permanent Select Committee of Intelligence to bring, to the attention, of Americans the devious, insidious malfeasance of senior DOJ/FBI Officials, and that they would do so vociferously.  Not so! Instead, major news organizations like The New York Times remained, for several weeks, abjectly, painfully quiet, hoping the matter would just go away and that the public would lose interest. But the matter wouldn't go away. Not by a long shot! So, in recent days, when it was no longer possible for the mainstream Press to remain quiet, it entered the fray, but did so only to echo the sentiments of Congressional Democrats on the Committee.These Congressional Democrats not only condoned the malfeasance of top DOJ/FBI Officials, but actively encouraged it. You would think Congressional Democrats would work hand-in-hand with their Congressional Republican counterparts on the Committee to provide much needed oversight of DOJ and FBI abuses. After all, the purpose of the House Permanent Select Committee of Intelligence is to provide oversight of the powerful DOJ/FBI and of the vast intelligence apparatuses, consistent with the Committee's mandate as set forth on the Committee's website:The United States House Permanent Select Committee on Intelligence (HPSCI) is a committee of the United States House of Representatives, currently chaired by Congressman Devin Nunes (California). Created in 1977, HPSCI is charged with oversight of the United States Intelligence Community—which includes the intelligence and intelligence-related activities of the following seventeen elements of the U.S. Government—and the Military Intelligence Program. The key word here is "oversight." The job of the House Permanent Select Committee of Intelligence is to provide watchful care of singularly powerful, secretive federal Government departments, agencies, and bureaus on behalf of the American people. The Republicans on the House Intelligence Committee seek to perform their duty, while the Democrats who sit on the Committee, shirk that duty. Congressional Democrats should have supported their fellow Committee Members. Instead they castigate them, and, in so doing, have forsworn their duty as Committee members and as Representatives of the people.Congressional Democrats who sit on this powerful House Permanent Select Committee of Intelligence Committee, do not, apparently, recognize that their job is one of oversight, or maybe they have forgotten this, or otherwise they don't care, or, perhaps--worst of all--they have capitulated. This means they are taking their marching orders from the individuals in the Deep State and Shadow Government. They are, then, deliberately undermining the work of the House Permanent Select Committee of Intelligence to engage in a duplicitous, reprehensible attack on the United States President, Donald Trump. And that means they are engaging in an insidious, outrageous, reprehensible attack on the American electorate and on the United States Constitution. This is their ultimate betrayal. Adam Schiff (D-CA), the ranking Democratic member on the Committee and his ilk, including, most notoriously, Eric Swawell (D-CA), Schiff’s close compatriot on the House Intelligence Committee, have literally given the “Green Light” to those individuals who work in the DOJ/FBI who have abused their authority, who have betrayed their Oath, and who have betrayed this Nation and the American people. By facilitating wrongdoing in Government, Congressional Democrats who sit on the House Permanent Select Committee of Intelligence have conveyed the message to the DOJ/FBI and to those who work in the intelligence community that these people can do whatever they want; that Congressional Democrats, like Adam Schiff, Eric Swawell and others, will cover for them. Congressional Democrats have thus become mere toadies of senior Officials of the DOJ/FBI and of the vast intelligence apparatuses. They cloak abuse in Government, rather than bringing abuse to light, and, in masking serious abuse in Government, these Congressional Democrats compound malfeasance with malfeasance of their own.They are all mere toadies of the senior Officials of the DOJ/FBI and of the intelligence apparatuses. These toadies allow the hidden Deep State and Shadow Government, within the external Government we see, to exist and, in fact, to flourish. The Clintons and Barack Obama, along with Congressional Democrats, and several Republican Centrists, and the mainstream media, and their trans-nationalist, internationalist globalist billionaire benefactors, are enablers of the Deep State and of the Shadow Government and always have been. Even now, behind the scenes, they are all quietly, incessantly working to undercut the U.S. President. In so doing, they are working to undercut the will of the people; they are working to undercut the sovereignty and independence of the United States; they are working to undercut the supremacy of our Constitution and our system of laws; they are working to destroy the rights and liberties etched in stone in the Bill of Rights.Unchecked, abuse of power invariably continues unabated, and, in fact, worsens incrementally over time. Lack of Congressional oversight, coupled with a compliant, mainstream Press that operates merely as an echo chamber of and for an effete Congress encourages malfeasance in the Bureaucracy of the Federal Government. Lack of strong Congressional oversight allows senior Officials in the labyrinth of the Deep State and Shadow Government to operate with impunity. Congressional Republicans must protect President Trump so that the President may do the job the American electorate expects of him,  which is to strengthen this Country and revitalize it; to strengthen the rights and liberties of the American citizenry; to make clear to trans-nationalist, internationalist globalists that the United States belongs to the American citizenry, and to no one else; to make clear that Americans have a right to take pride in their history, in their core values, in their history, in their Christian heritage and that there is no reason to feel guilty about any of this. Of course, Congressional Democrats and the mainstream media want none of this. Their vision for this Country marks the end of it. They wish to turn this Country over to the weak, the effete, the effeminate--making it ripe for takeover. So it is that the American citizenry cannot depend on either Congressional Democrats or upon the mainstream Press to investigate and curb abuses and excesses in Government. Rather, these Congressional Democrats, on the one hand, and, on the other hand, the publishers, editors, reporters, news anchors and commentators of left-wing networks, namely and particularly, ABC, CBS, CNN, MSNBC, and even PBS, that comprise the bloated mainstream Press, are all complicit in hiding evidence of gross malfeasance in the Federal Government. But, they go further; much further. Congressional Democrats and the mainstream Press not only hide evidence of malfeasance in the high ranks of the DOJ and FBI, and in other Federal Government departments, bureaus, and agencies, they actively abet Federal Government malfeasance.The mainstream media, in particular—this Press that prides itself as the protector of liberty is anything but that. The mainstream Press has devolved into a mere mouthpiece for the machinery that comprises the Deep State and the Shadow Government. This mainstream Press is now merely an organ of propaganda. This Press does not strive to preserve the sacred rights and liberties of the American citizenry but, rather, works methodically, inexorably to undermine those rights and liberties—the very rights and liberties upon which a free Republic rests.The New York Times wasted little time and expended much effort in attacking the House Intelligence Committee “Nunez” Memo, devoting considerable newsprint in that effort, as is clear from a perusal of the Saturday, February 3, 2018 edition of the newspaper.On page A13 of the print edition of the newspaper, the Times published the entirety of the Nunez Memo, including the cover letter, authored by the President’s personal attorney Donald F. McGahn II. The Arbalest Quarrel feels it worthwhile to analyze the NY Timesanalysis of the Memo and Cover letter so that the American public can see, firsthand, how a major newspaper employs propaganda in a continuing campaign of disinformation and misinformation, to sow seeds of doubt in the minds of Americans as to what to believe.In our next article of this multi-part series, we explore the NY Times’ deeply flawed analysis—analysis so obviously flawed that it adds credence to the conclusion that the NY Times is, indeed, complicit in protecting malfeasance in the senior ranks of the DOJ/FBI, and, in that act, shredding the U.S. Constitution and undermining the very rights and liberties of the American people it pretends to protect.The American citizenry should be appalled by the extravagant misuse of Government power and authority. Please contact your House and Senate Congressional Representatives. Tell them you support the work of Representative Devin Nunes (R-CA) and Senator Chuck Grassley in unmasking corruption in the Federal Government and in bringing to justice those who presently work in or who have worked in the FBI and DOJ, or in the intelligence community, or in the Department of State, who have betrayed the trust that the American people have placed in them. The phone number to call is: 202-224-3121._____________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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WHAT DOES PRESIDENT TRUMP’S DECLASSIFICATION AND RELEASE OF THE NUNEZ MEMO PRESAGE FOR THE NATION?

PART EIGHT

As anyone who keeps abreast of the news knows, the “Nunez Memo,” prepared by Congressional Republicans on the House Permanent Select Committee on Intelligence by order of the Committee’s Chairman, Representative Devin Nunez (R-CA), documenting DOJ/FBI abuse of the FISA Court is now out. President Trump declassified it, as is his Presidential prerogative, and authorized its release to American public. The Memo illustrates clear wrongdoing of the DOJ and FBI in the way Senior Officials of the DOJ and FBI obtained a warrant to conduct secret surveillance of an American citizen, Carter Page, a one-time bit player in Donald Trump’s campaign. Senior Officials of the DOJ and FBI likely violated Carter Page’s right to be free from unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution and likely violated the Due Process and Equal Protection Clauses of the Fifth Amendment to the U.S. Constitution, as well. And, they certainly violated several Federal Statutes. To his credit, President Trump did not redact the names of those DOJ and FBI Officials.Congressional Democrats and their shills in the mainstream media wasted no time excoriating both the release of the Memo and the contents of it. More memos from Congressman Devin Nunez, will be forthcoming. This isn’t something that Congressional Democrats and those whom they protect within the Deep State and Shadow Government want. They aren’t pleased with the light that is beginning to shine on them all, and they have orchestrated plans to deal with it, now that the Nunez Memo is in the public domain. One tactic involves preparation of a Memo supposedly rebutting the Nunez Memo. That “Schiff” Memo has been drafted and voted upon by the entire the House Intelligence Committee. The Committee has voted to release the Memo. As with the Nunez Memo, the Schiff Memo will be submitted for President Trump’s review and action.Congressional Democrats along with reporters and editors of mainstream newspapers, prominently and particularly, The New York Times, and news commentators and news anchors in mainstream cable news networks—like ABC, CBS, CNN, and MSNBC—berated Congressional Republicans on the House Intelligence Committee for releasing the Memo, claiming it constitutes a threat to our National Security, and, in the same breath asserting, incongruously and inconsistently, that the Memo failed to live up to its hype. So, which is it? Does release of the “Nunez Memo” constitute a danger to the security of our Nation, or is it nothing more than a tempest in a teapot?Through deliberate mixed messaging Congressional Democrats and their shills in the mainstream media “screw with” the American psyche, to confound, disorient the American public so that the public doesn’t know what to believe concerning the Nunez Memo. Hence, Congressional Democrats and their shills in the mainstream media offer to the American public two primary, but inconsistent accounts. Yet, they are wrong on both scores.The Nunez Memo is critically important. It is hardly “hype.” President Trump’s declassification of the Memo and release of the Memo to the American public alerts Americans to the presence of rogue elements in the highest ranks of the DOJ and FBI who have betrayed their Nation. That is information Americans have a right to know and need to know. So, release of the Memo neither threatens the security of our Nation, nor is it hype. Indeed, far from amounting to a threat to the security of our Nation, the Memo’s release serves to safeguard it.The Nunez Memo serves as the most important information of serious criminal abuse in the Federal Government to come to the attention of the American electorate in the last several decades. It is an earth-shattering exposé of FISA Court abuse by the DOJ and FBI. Granted, the language of the Memo is dry and pedantic, but Republicans on the House Committee of Intelligence aren’t writing a novel. No colorful verbiage exists in the Memo because the Memo’s authors do not wish to entertain Americans, but, rather, to educate and inform them. And, they did that.The Memo exposes the dangers of secrecy in a free Republic, where high-ranking Federal Government bureaucrats operating in the spheres of intelligence, police, and law, wielding immense power, render decisions and take action on those decisions, based on their own personal philosophical and political beliefs, whims, and predilections, caring not one whit whether those decisions and actions tread on the rights and liberties of the citizenry as laid out in the Bill of Rights, and caring not one whit whether those decisions and actions extend well beyond the parameters set by Federal Statute. Indeed, it is abundantly clear, from a perusal of the Nunez Memo, that senior Officials of the DOJ and FBI act in extravagant defiance of the U.S. Constitution and Federal Statute.What can the American citizenry do to correct this abuse in high Government Office? Very little it seems. The American citizenry has no recourse, except for the oversight that Congress provides. It is curious, then, that Congressional Democrats would object to Congressional Republicans’ bringing to light Federal Government abuses. But, Congressional Democrats do object to release of the Memo. Among their other purported concerns, they claim that the Memo would cause the American citizenry to lose faith in the DOJ and FBI. But, then, that is the point. The public should be concerned.One must ask: Does it serve Americans’ best interests to doubt the integrity of the DOJ and FBI when sufficient cause exists to doubt that integrity? Or does it serve Americans’ best interests to live under the illusion that senior Officials of the DOJ and FBI operate within the bounds and constraints of the U.S. Constitution and Federal Statute, when, in fact, they do not, and have betrayed the American citizenry’s trust?Apparently, Congressional Democrats, such as Representative Adam Schiff (D-CA), and Eric Swalwell (D-CA), members of the House Permanent Select Committee on Intelligence believe it better for Americans to live under illusion. Congressional Republicans clearly do not, and it is fortunate that Americans have individuals such as Representative Devin Nunez (R-CA), Chairman of that Committee, who, along with other Republicans on the House Permanent Select Committee on Intelligence realize their responsibility to inform the American citizenry of serious abuses in the DOJ and FBI when serious criminal abuses come to light. Americans obviously cannot rely on Congressional Democrats, nor can they rely on the mainstream media Press, to keep Americans informed of betrayal of the public trust by high ranking Officials in the most powerful and secretive police, intelligence, and legal institutions of this Country.The public should keep in mind that, if the Democrats gain control of the House in the 2018 midterm elections, Representative Schiff will gain the chairmanship of the powerful House Permanent Select Committee on Intelligence. This is a man who, recently, in his continuing diatribe against release of the Nunez Memo, seemingly inexplicably brought up, as an aside, that Russians now support the right of the American people to keep and bear arms? From what bizarre realm of horror and fantasy did Representative Schiff pull that idea? And what was the point of it: that Russians, according to Schiff, suddenly have reverence for our sacred Second Amendment, so we should not; or, perhaps, that Russians hope that Americans around the Country will suddenly go on a massive shooting spree, killing each other?This man, Adam Schiff, is a menace to all that is holy. What he is doing in Government has nothing to do with protecting this Nation and its people and upholding the U.S. Constitution. It has everything to do with tearing down this Nation under the guise of protecting it; destroying the rights and liberties of its people under the cloak of strengthening them; subverting the Constitution behind the mask of preserving it. He seeks, through his position as Ranking Member of the Intelligence Committee, just below Representative Nunez, Chairman of the Committee, to undermine the will of the American electorate through his constant, pertinacious, presumptuous, indefensible, intolerable and singularly bizarre attacks on the Chief Executive of this Nation, President Trump.President Trump, to his credit—unlike Representative Schiff and his fellow Congressional Democrats—holds the American citizenry in high regard. Through declassification of the Nunez Memo and its subsequent release to the American citizenry, President Trump has opened a window to the machinations of  high-ranking Officials of the Deep State and Shadow Government, operating beyond the bounds of law. The American public bears witness to the contempt by which those who should be serving the public, have rebelled against it, and seek to oppress it.We continue with articles, bringing to light the game plan of those who have engineered a silent, insidious coup d’etat of the Government of the United States. The betrayers of the Nation haven’t yet lost. The American public is just now beginning to gain a glimmer of insight of the power wielded by insidious forces within the bowels of the Federal Government. Americans must remain vigilant.______________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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Article, Opinion Article, Opinion

TRUMP AUTHORIZES RELEASE OF HOUSE INTELLIGENCE COMMITTEE MEMO: THE TREACHERY OF SENIOR DOJ/FBI OFFICIALS, AND OF THE CONGRESSIONAL DEMOCRATS WHO PROTECTED AND ENABLED THEM, WILL BE EXPOSED.

PART SEVEN

THE DISAMBIGUATION OF ‘TRUTH,’ ‘FACT,’ AND ‘OPINION’

Americans often hear the refrain that, “everyone is entitled to their own opinion, but they are not entitled to their own facts.” The quip, recited with some variation, is attributed to Senator Daniel Patrick Moynihan (D-NY). Senator Moynihan, who died in 2003, served in the U.S. Senate from January 1971 through January 2001, and served, as well, as an advisor to the Republican President, Richard M. Nixon.As with many quips, Moynihan’s, too, has become, through time, an ivy-covered adage—an adage that one is expected to accept on faith as a weighty, profound truth. That would explain its continuing popularity, especially among Congressional Democrats. They recite it to refute statements of Congressional Republicans or of the U.S. President, Donald Trump. Moynihan’s quip then serves as a convenient “sound bite,” a shorthand denunciation of any statement coming from a Congressional Republican or from the U.S. President that they happen to take exception with as if the falsehood of any statement coming from those that Democrats disagree with is so obvious that no evidence is required to support their denunciation of it.The problem is that “facts”—if there are such things at all—tend to be pliable, flexible things, no less so than opinions. Facts are represented colloquially as kinds of entities that are “out there” in the aether, and, so, do not emanate from or exist in a person. Supposedly, people make assertions about facts, and those assertions are either true or false, predicated on whether, according to a couple of epistemological theories, the assertions “cohere with” or “correspond to” particular “facts.” The presumption is, then, that facts are infallible as they do not rest on one’s belief or opinion about them. That is the point of Moynihan’s quip. The problem is that, if “facts” are “out there,” a person really cannot ever retrieve them, for a person can never pierce the veil of his or her own perceptions. Facts, if there are such things, are not, generally the sort of things we can get to. The best that can be hoped for is that corroborating evidence—which are really nothing more than beliefs and opinions ostensibly resting on another fact or set of facts, and so on ad infinitum—serves to establish the truth or falsity of a person’s statement and that, through such corroboration, a consensus is reached, at some point, among the language speakers of a given community, as to convincing truth or falsity of a given statement.Sometimes consensus is readily achieved. At other times it is not.Consider the statement, “Deputy Attorney General, Rod Rosenstein, appointed Robert Mueller as Special Counsel to investigate, among other things, ‘any links and/or coordination between the Russian Government and individuals associated with the campaign of Donald Trump.’” That is a statement, the truth or falsity of which is determinative to the extent the statement coheres with or corresponds to or correlates with or, let us say, “mirrors” a “fact” about the world—namely whether there exists a person named Rod Rosenstein, who is, at the moment at least, a Deputy Attorney General within the Department of Justice, and that he appointed a person, Robert S. Mueller III, as Special Counsel to head a team to investigate certain matters pertaining to the Presidential campaign of Donald Trump.We say the statement is true, if it is the case that the statement coheres with or corresponds with or--let us say--correlates with or mirrors a particular “fact” or "set of facts" about the world. Well, an astute person, who has been keeping abreast of news reports knows that Rod Rosenstein does exist and that he is the Deputy Attorney General and that he did appoint a person, Robert Mueller, as Special Counsel, and that Robert Mueller has been given his appointment and specific instructions through Order Number 3915-2017.  So, we would say that the statement is, first of all, the kind of thing that is a truth bearer--that is to say--it is the kind of thing that can be ascertained to be either true or false. Since the statement does correspond to or cohere with or mirror a particular set of facts about the world, we say that the statement is true, and there is certainly public consensus on that. So far, no problem. But ostensible matters of fact and statements purporting to be about matters of fact get interesting and out of whack very quickly.Consider, for example, the statement, “the Mueller appointment as Special Counsel was justified.”  In asserting a justification for something, one is moving away from statements about facts. One is moving away from descriptive statements or accounts about the world—statements subject to corroboration. We are, instead, making prescriptive statements about the way the world ought to be. Counterfactual statements, as the term, ‘counterfactual,’ suggests, do not purport to say anything about the world at all. This is where Moynihan’s quip loses efficacy and poignancy, where it loses steam. For, statements about the way the world ought to be do not lend themselves to corroboration. There is no readily obtainable fact or set of facts to turn to ascertain the truth or falsity of the statement.The problem is that politicians, as with most people, do not distinguish between descriptive accounts about the world--the way the word is--and prescriptive or normative assertions about the way the world  is supposed to or ought to be. They believe, wrongly, that descriptive statements about the way the world is and prescriptive or normative statements about the way the world ought to be or should be are both factual—subject to corroboration, verification in the world.The public begins to ask questions, for example: "was the appointment of a Special Counsel to investigate Donald Trump justified? If not, then what lay behind the appointment?" And, "if appointment of Special Counsel was justified, was Robert Mueller the best person for the job?" But, the answers obtained, and the conclusions drawn, are muddied through one’s personal biases and predilections—those things internal to the person. This is where truth or falsity of statements, grounded in  purported “facts,” becomes fuzzy.Now, going back to Moynihan’s clever remark, we find that a person who believes the quip has efficacy might say that there are indeed, "hard, cold concrete facts" “out there” concerning the appointment of Robert Mueller and concerning various other matters, interrelated, going all the way back to the FBI handling of the investigation of Hillary Clinton for serious crimes against the Nation and against the American people and that, once a person gets to the bottom of it all, the truth can be ascertained and sorted out because there is only one fact or set of facts in the world for each and every proposition about the world. Well, if one sets forth descriptive statements about these matters, then, there would reasonably be a consensus about them as this would simply amount to an exercise of lining up, one-by-one, each descriptive statement with a concrete "fact" existent in the world upon which the truth of the statement is based.But, sorting out the propositions—a very large number of them and associating each of them in a one-to-one correspondence with or coherence with a specific fact—is exceedingly difficult, no less so because the American citizenry doesn’t have and cannot gain access to all the underlying  information.Unfortunately, many politicians don’t want the American people to have access to the underlying information nor, for that matter, to any information about the inner workings of the Federal Government, upon which their lives may be deleteriously impacted because that would shed light on the machinations of senior officials in Government who have likely engaged in illegal actions. What are the illegal actions of these senior officials? Well, we suspect that they used the power of their Office to give Hillary Clinton an edge or boost against Trump in the run-up to the 2016 election, and we suspect that they have engaged in illegal actions to oust Donald Trump from Office upon his prevailing in the U.S. Presidential election against Clinton. Politicians give seemingly plausible reasons for precluding the average American citizen from gaining access to such information. They raise issues of national security. They talk about the need to protect confidential sources and to safeguard intelligence gathering methodology. Sometimes these seemingly plausible reasons are sound. Often, as in the matter of release of the House Intelligence Committee Memo, they are not. They are simply clichés offered up to hide the real reason for keeping the Memo hidden: to prevent the American citizenry from learning of illegal machinations behind the scene that upend the entire Democratic election process. They suggest that, due to Russian meddling, which they insist Americans  accept without proffering any proof to support the assertion, Clinton would have won the election--a conclusion that doesn't follow from the premise that the Russians did interfere with our elections, even if the underlying premise is true. But, that conclusion, apparently, provides the impetus for and drives the action on multiple fronts to oust Trump from Office. Now, one may demur, arguing that the assertions set forth in this article are themselves mere unsubstantiated opinion. But are they? Are they not declarative assertions that can be substantiated, through release of the House Intelligence Committee Memo? Surely, the truth--or falsity for that matter--of the assertions made here can be substantiated at least in part through release of the Memo. But, that isn't something the supporters of Clinton want, even if the public would finally be privy to the underlying basis for the Mueller investigation. No one on either of the political spectrum would refute that point, which explains why, on the one hand, Congressional Democrats and senior Officials of the DOJ and FBI, and those who supported Hillary Clinton's candidacy, among others, including publishers, editors and reporters of the mainstream media and left-wing news anchors and commentators, don't want the Memo released to the American public, and why, on the other hand, Congressional Republicans, and many rank and file FBI agents and rank and file DOJ attorneys, and American citizens who supported Trump, along with conservative news reporters and commentators do want the Memo released to the American public and unredacted.* They evidently know that the information set forth is true, and it is the truth that they cannot and will not abide. It is the truth that they are afraid of. For, it is the truth that illustrates for the American citizenry to see, indeed for the entire world to see--when that truth is held up to the light of day--that these individuals, these senior Officials of the FBI and DOJ, and these Congressional Democrats, such as Adam Schiff and Dianne Feinstein, are scoundrels, not deserving of respect of the people whom they claim to serve; whom they deign to serve, but whom they serve up as slaves to the lords whom they really serve--the internationalist, trans-nationalist globalist "elites" who seek to subordinate this Nation and its people to a new pan-world Order.If the Mueller investigation is a sham, then, presumptively, the motive behind the investigation operates, not to find evidence of wrong-doing on the part of Donald Trump or on the part of Trump Campaign Officials or members of Trump's Administration, but operates, rather, as a critical step leading up to impeachment. And, once again, no one would seriously contest the accuracy of that point either, which would explain why it is that, having failed to find evidence of a criminal conspiracy between anyone connected with Trump and the Russians--if ever there were grounds for surmising such conspiracy in the first place--Mueller and his team are not wrapping up the investigation but are exploring other avenues of investigation, namely obstruction of justice--to keep the sham going. Obstruction is, for Mueller and his team, a convenient "peg to hang a hat on," because "[i]n a broad sense, any offense negatively affecting government functions can be viewed as an obstruction against the administration of justice. For example, treason, sedition, perjury, bribery, escape, contempt, false personation, destruction of government property, and assault of a public official are crimes against the government. Moreover, as the number of governmental functions has increased throughout time, the number of statutory offenses penalizing obstructions of those functions likewise has increased. Many of these crimes have been clearly and distinctly set apart as separate offenses. . . ." "The Varying Parameters of Obstruction of Justice in American Criminal Law," 65 La. L. Rev. 49 (Fall 2004), by John F. Decker. Obstruction of Justice charges are, by their nature, open-ended matters--broad domains into which almost any wrongdoing or semblance of wrongdoing can be dropped. Of course if an obstruction of justice charge could ostensibly be lodged against Donald Trump or of any one or more people in his Campaign or in his Administration, one could certainly make the case that an obstruction of justice charge, among many others, could, reasonably, certainly, have been lodged against Hillary Clinton and against individuals who worked for her Campaign. And, if obstruction of justice charges were not lodged against Hillary Clinton and others who worked for or on behalf of her when, notwithstanding that all of the elements of multiple obstruction of justice charges were met, then why wasn't Clinton and any of her people charged with obstruction of justice? If those members of the FBI who were involved in the investigation of Hillary Clinton on multivarious federal charges did not bring charges against her specifically because they did not wish to disrupt her campaign for the U.S. Presidency, then, one might well ask whether those investigators of the FBI involved had not themselves obstructed justice. But, who would charge them? And, imagine for a moment that Hillary Clinton did prevail in the 2016 U.S. Presidential election against Donald Trump. Imagine a likely criminal occupying the highest Office in the Land. Imagine a system of laws in this Nation turned on its head. Imagine Harlequin Justice and a Harlequin U.S. President: Hillary Clinton. The conclusion we draw is that an attempted coup of our Constitutional Republic is underway. The contents of the House Intelligence Committee Memo will certainly lend credence to that conclusion. That is why there has been considerable push-back against release of the Memo to the public. The Conspirators don't want an accounting. They don't want a reckoning. Thus, they come up with specious reasons to waylay release of the Memo. What the American public is witness to is a deliberate and reprehensible attempt--assembled by actors in Congress, in the Federal Bureaucracy, and in the Mainstream Media, with likely assistance from Billionaire globalists both here at home and abroad to undermine the Trump Presidency.Representative Devin Nunes (R-CA), House Intelligence Committee Chairman, seeks to redress this horrific situation that bad actors have inflicted on our Country and continue to inflict on our County and that is why he ordered preparation of a Memorandum detailing DOJ and FBI surveillance abuse and misuse of the FISA Court by senior Officials of the DOJ and FBI. These abuses involve presenting the FISA Court with an application for issuance of a warrant to enable the FBI to conduct surveillance of American citizens. If the application were submitted with evil intent, with knowledge that the presenters had that the content of the application was patently false or that the content had not been corroborated for veracity and if those presenters of the FBI and DOJ represented to the FISA Court that the content of the application for a FISA warrant was true, then those presenters of the FBI and DOJ perpetrated a fraud on the Court. That is reprehensible. That is unforgivable. And that, apparently, is precisely what happened. That is what prompted Representative Nunes to order preparation of the Memo, for release to the American citizenry. The legal authority for him to do so is based on the Committee’s function and job:“The United States House Permanent Select Committee on Intelligence (HPSCI) is a committee of the United States House of Representatives, currently chaired by Congressman Devin Nunes (California). Created in 1977, HPSCI is charged with oversight of the United States Intelligence Community—which includes the intelligence and intelligence-related activities of the following seventeen elements of the U.S. Government—and the Military Intelligence Program.”The HPSCI is tasked with oversight of powerful institutions—seventeen institutions that, in a free Republic, cannot be trusted to police themselves. Representative Nunes became frustrated, and rightfully so, by DOJ and FBI recalcitrance in responding to Committee concerns.The DOJ and FBI must answer to the American people through their Representatives in Congress. Apparently, the DOJ and FBI don’t see it that way. Congressional Democrats, like Adam Schiff and Nancy Pelosi and Dianne Feinstein—who have been most vocal in their denunciation of the House Intelligence Committee Memo—don’t see it that way either. You would think that all members of Congress would be aghast at unethical conduct, arising to the level of crimes—serious crimes at that—that senior Officials of the DOJ and FBI, had likely committed against the Nation and against the American people. But, Representatives Schiff and Pelosi and Senator Feinstein don’t want the public to have access to the contents of the Memo. Apparently, neither does the mainstream media that has come out of the shadows itself on the topic, which it had previously ignored, and no longer can do so, and, so, reluctantly reports it.Why is it that Representatives Schiff and Pelosi, and Senator Feinstein don’t want the public to have access to the contents of the Memo? What is it that senior Officials and Congressional Democrats are fearful of? Are they afraid that the contents of the Memo do not correspond with or cohere with facts, as they claim, and that, the public therefore should not gain access to a document that portrays senior Officials of the DOJ and the FBI in a false light, damning them for illegal conduct these senior Officials of the DOJ and the FBI never engaged in? Or, rather, is it because these Senior Officials of the DOJ and FBI and these Congressional Democrats are afraid that the contents of the Memo do clearly correspond with or cohere with facts “in the world” and that the contents of the Memo do rightfully damn these individuals for betraying their Oath to uphold the U.S. Constitution. If the latter, then one need not wonder as to the concern of Congressional Democrats and the concern of high-ranking Officials in the Federal Bureaucracy over the contents of the Memo, and why it is they remonstrate against the Memo’s release. For, these holders of high rank in Government, who wield incredible power, and whom the public is expected to trust, and who are expected to utilize the power of their Office circumspectly, and whom, the public—so it is told—have the utmost integrity, would be exposed for the frauds that they are, and would, themselves, be investigated for crimes against this Nation and against the American people. Moreover, it is clear enough, although no one publicly acknowledges it, that, once President Trump does allow for the release of the House Intelligence Memo to the American public, there will be a ripple effect that calls into question the legitimacy of the entirety of the Mueller investigation. And, the ripple effect does not end there. The public will obtain an inkling as to depth of and complexity of the conspiracy against the U.S. President and, by extension, the depth of and complexity of the conspiracy against the American people. The American public will rightfully demand an accounting of these high-ranking Officials, including a demand for an accounting of Congressional Democrats who protect these Federal Bureaucrats who flagrantly violate the laws of the Land—senior police officials and senior attorneys, whom one would think would have the utmost respect for our laws, but who obviously don't.The reasons Congressional Democrats give for preventing release of the Memo to the American public cloaks a normative argument that is not subject to true/false verification. These Congressional Democrats and the senior Officials who both betray their Nation and its people have a vision for this Nation that cannot be reconciled with the vision that President Trump and much of the American citizenry have for this Country. These Congressional Democrats and senior Officials of the DOJ and FBI and many senior Officials of the Federal Bureaucracy wish to create a Nation that is subordinated to a new pan-World Order; a Nation with open borders; a Nation open to disparate multicultural influences; a Nation suffering the fragmenting of core values; a Nation witnessing the disassembling of fundamental rights and liberties; and a Nation that sees an expansion and consolidation of power in the Federal Government with ultimate transfer of power to international Governing bodies. Clearly, these senior Officials of the DOJ and FBI that wield incredible power have little regard for the American people. And, those members of Congress who protect and enable the  illegal conduct of these Officials are no better. Indeed, they are all complicit in the assault on our Constitution and complicit in the illegal effort to destroy the Trump Presidency. These Senior Officials of the DOJ and FBI feel they can spurn our laws because they presume they know what is in the best interests of the American people. They create ad hoc rules of behavior for themselves as they deem themselves to be superior to the public.  They demonstrate contempt for the citizenry. Their behavior amounts to crass, unabashed paternalism. The Founders of our Republic would be appalled. You should be appalled too. The American citizenry must demand an accounting. Perhaps, with release of the House Intelligence Committee Memo, there now will be an accounting.______________________________________________*As this article goes to publication, the Arbalest Quarrel has learned that U.S. President, Donald Trump, has authorized release of the House Intelligence Committee Memo, and, apparently, in unredacted form, which means that Americans should see the names of those high-ranking Officials in the FBI and DOJ, who have betrayed the trust of the citizenry of this Nation. These individuals of "Justice" must be brought to justice themselves. Once the Memo is released to the public, the Arbalest Quarrel will analyze it and post the results of its analysis on this site.______________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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RELEASE THE MEMO: CAN A CHARGE OF TREASON BE BROUGHT TO BEAR AGAINST DOJ AND FBI OFFICIALS WHO HAVE MISUSED THE POWER AND AUTHORITY OF THEIR OFFICE TO UNDERMINE THE PRESIDENT OF THE UNITED STATES?

PART FOUR

THE CHARGE OF TREASON AGAINST THE DOJ AND FBI OFFICIALS, WHO MAY HAVE UNLAWFULLY CONSPIRED TO TOPPLE THE U.S. PRESIDENT, DONALD TRUMP, IS UNAVAILABLE, ON THE FACTS, AS WE PRESENTLY KNOW THEM.

One would think that those Government Officials responsible for attempting a coup of the Executive Branch of Government should also be charged with treason--the most serious federal offense--that the founders of our Republic and framers of our Constitution specifically set down in Article III, Section 3 of the U.S. Constitution, and which is one crime the conviction of which does allow for a death penalty sentence upon conviction.Senior officials of the DOJ and FBI committed several heinous acts against this Nation, this Nation’s Constitution and laws, and against this Nation’s institutions.

  • REFUSAL OF THE FBI TO RECOMMEND INDICTMENT AND THE REFUSAL OF THE DOJ TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FELONIES, EVEN THOUGH THERE EXISTS AMPLE EVIDENCE OF CRIME, INCLUDING THE MISHANDLING OF CLASSIFIED DATA, BRIBERY, DESTRUCTION OF DOCUMENTS, LYING TO FEDERAL OFFICIALS, MONEY LAUNDERING, RACETEERING, OBSTRUCTION OF JUSTICE, AND PUBLIC CORRUPTION AMONG MANY OTHERS, SO THAT A LIKELY CRIMINAL MAY CONTINUE HER BID FOR PRESIDENT OF THE UNITED STATES; AND, HAD SHE WON THE ELECTION, THIS WOULD HAVE RESULTED IN A LIKELY SERIAL FELON OCCUPYING THE HIGHEST OFFICE IN THE LAND, ENABLING A THOROUGHLY DISREPUTABLE INDIVIDUAL, ALONG WITH HER HENCHMEN TO TAKE THIS NATION DOWN TO UTTER AND IRRETRIEVABLE RUINATION;
  • CONDUCTING A CLANDESTINE OPERATION AGAINST THE REPUBLICAN PARTY CANDIDATE FOR U.S. PRESIDENT, DONALD TRUMP, TO UNFAIRLY, AND UNETHICALLY, ASSIST A LIKELY SERIAL FELON, HILLARY CLINTON, IN HER BID FOR U.S. PRESIDENT;
  • IN FAILING TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FEDERAL FELONIES, SENIOR FBI AND DOJ OFFICIALS ENABLED HILLARY CLINTON, A RUTHLESS, CUNNING, UNETHICAL, DISREPUTABLE INDIVIDUAL AND LIKELY SERIAL FELON, TO MISUSE THE MACHINERY OF THE DNC TO UNDERCUT THE U.S. PRESIDENTIAL BID OF ANOTHER DEMOCRATIC PARTY HOPEFUL, BERNIE SANDERS; AND, AFTER, HILLARY CLINTON SECURED THE DEMOCRATIC PARTY NOMINATION FOR U.S. PRESIDENT THROUGH TREACHERY, SHE COMPOUNDED HER IGNOBLE CONDUCT AND MISDEEDS BY ORCHESTRATING OPPOSITION RESEARCH SCHEMES TO OBTAIN FALSE AND SCANDALOUS INFORMATION AGAINST HER REPUBLICAN PARTY OPPONENT, DONALD TRUMP, IN AN UNETHICAL ATTEMPT TO ENHANCE HER CHANCES TO PREVAIL AGAINST HER OPPONENT;
  • CLINTON LOST, BUT, ONCE, TRUMP PREVAILED IN THE 2016 U.S. PRESIDENTIAL ELECTION, SENIOR OFFICIALS OF THE FBI AND DOJ PRESENTED FALSE DOCUMENTS TO THE FISA COURT IN ORDER TO SECURE, ILLEGALLY, A WARRANT TO INVESTIGATE TRUMP CAMPAIGN OFFICIALS;
  • THESE SENIOR FBI AND DOJ OFFICIALS SET IN MOTION THE MACHINERY FOR APPOINTMENT OF SPECIAL COUNSEL, UNDER FALSE PRETENSES, TO INVESTIGATE FALSE CLAIMS OF RUSSIAN COLLUSION WITH TRUMP CAMPAIGN OFFICIALS, ALL IN AN EFFORT TO UNDERMINE THE TRUMP PRESIDENCY, WHEN THERE EXISTS NO TENABLE BASIS TO SUPPORT SUCH INVESTIGATION.

The Constitution sets forth:Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.The U.S. Supreme Court, in Hanauer v. Doane, 79 U.S. 342, 20 L. Ed. 439, 12 Wall 342 (1879) stated, clearly, succinctly, and categorically: “No crime is greater than that of treason.” The crime of treason is also codified in federal statute, Chapter 115, Treason, Sedition, and subversive activities.Chapter 115 of Title 18 of the United States Code, 18 USCS § 2381 (Treason) states, in total:Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $ 10,000; and shall be incapable of holding any office under the United States. The U.S. Supreme Court pointed out that the crime of treason comprises two elements: one, adherence to enemy; and two, rendering aid and comfort to him. Cramer vs. United States, 325 U.S. 1, 65 S. Ct. 918, 89 L. Ed. 1441 (1945).The expression, ‘enemy’ is a legal term of art. It has specific meaning in law.In Stephan v. United States, 133 F.2d 87 (1943), cert. den., 318 U.S. 781, 87 L. Ed. 1148, 638 S. Ct. 858 (1943), the U.S. Court of Appeals for the Sixth Circuit said that ‘enemy’ refers to a party who is the subject of a foreign power whom the United States is in open hostility with.  The Arbalest Quarrel has written about the crime of treason in an article, titled, “'Treason'— A Timely Issue in the 2016 Presidential Election.” It would seem at first glance that senior DOJ and FBI Officials’ treacherous conduct should support a charge of treason, but, on close examination, the actions of these senior FBI and DOJ officials do not satisfy the predicate elements to support a charge of treason.Since, there is no evidence—at least as yet—that senior Officials of the DOJ and FBI that have machinated against Donald Trump have done so as the subject of a foreign power, with whom we are at war, these senior Officials of the FBI and DOJ cannot be charged with treason. A charge of treason against these individuals simply cannot gain traction.

IF TREASON IS UNAVAILABLE, ARE THERE ANY OTHER NATIONAL SECURITY CRIMES THAT SENIOR FBI AND DOJ OFFICIALS CAN FEASIBLY BE CHARGED WITH THAT INVOLVE A DESIGN TO ATTACK THE INSTITUTIONS OF THIS COUNTRY, INCLUDING, AND PRIMARILY, THE OFFICE OF THE CHIEF EXECUTIVE OF THIS NATION?

Before we attempt an answer to this question, let us step back for a moment, and take a closer look at two principal defilers of our Nation. One of them is Peter Strzok, a staunch supporter and defender of Hillary Clinton, who once served as Chief of the Counterespionage Section of the FBI, and who is still working for the FBI but has been demoted. Peter Strzok was a principal player in the investigation into Hillary Clinton’s criminal activities, pertaining to her mishandling of classified information during her tenure as Secretary of State in the Obama Administration. The Arbalest Quarrel has written extensively about this and about other crimes that Hillary Clinton likely committed during her tenure as Secretary of State and since then.  See, for example, the article titled, Pay to Play: The Clinton Foundation’s Open Secret and Silent Purpose.”Strzok was also a member of Special Counsel, Robert Mueller’s team, ostensibly investigating collusion between Trump campaign officials and the Russian Government, until Mueller was forced to remove him—almost certainly, reluctantly—once evidence of Strzok’s strong bias against Trump came to light, after publication of a series of ominous text messages between Strzok and Strzok’s mistress, Lisa Page. Lisa Page is, for her part, a principal defiler of our Nation, as well. Lisa Page is an FBI attorney, whose animus against Trump is as strong as Strzok’s. The two of them exchanged text messages referring to a “secret society,” apparently composed of high ranking officials in the DOJ and FBI who had conspired to spare Hillary Clinton from felony indictments so that she could continue her bid for U.S. President in the 2016 election.Having lost the election to Trump, the betrayers of our Nation, Strzok and Page and other senior Officials of the DOJ and FBI, conspired to destroy the Trump Presidency.On January 23, 2018, Fox News reported,"Two top FBI officials under fire for exchanging anti-Trump text messages during the 2016 election spoke of a “secret society” the day after President Trump's victory, according to two lawmakers with knowledge of the messages.Peter Strzok—a top counterintelligence official involved in both the Hillary Clinton email probe and FBI Special Counsel Robert Mueller’s Russia probe—exchanged more than 50,000 messages with senior FBI lawyer Lisa Page, with whom he was romantically involved.House Oversight and Government Reform Committee Chairman Trey Gowdy, R-S.C., and Rep. John Ratcliffe, R-Texas, said Monday that among the messages the pair exchanged are references to a ‘secret society’ within the Department of Justice and the FBI.‘We learned today about information that in the immediate aftermath of [Trump’s] election, that there may have been a secret society of folks within the Department of Justice and the FBI—to include Page and Strzok—that would be working against him,’ Ratcliffe said Monday on Fox News’ ‘The Story with Martha MacCallum.’”Further, in a New York Post article, posted on the same date, the American public learns that:“. . . each day brings credible reports suggesting there is a massive scandal involving the top ranks of America’s premier law enforcement agency. The reports, which feature talk among agents of a “secret society” and suddenly missing text messages, point to the existence both of a cabal dedicated to defeating Donald Trump in 2016 and of a plan to let Hillary Clinton skate free in the classified email probe. If either one is true — and I believe both probably are — it would mean FBI leaders betrayed the nation by abusing their powers in a bid to pick the president.More support for this view involves the FBI’s use of the Russian dossier on Trump that was paid for by the Clinton campaign and the Democratic National Committee. It is almost certain that the FBI used the dossier to get FISA court warrants to spy on Trump associates, meaning it used the opposition research of the party in power to convince a court to let it spy on the candidate of the other party — likely without telling the court of the dossier’s political link.Even worse, there is growing reason to believe someone in President Barack Obama’s administration turned over classified information about Trump to the Clinton campaign.” Congressional Democrats are craven apologists for these individuals, in the DOJ and FBI who have misused the power and authority of their Office to promote their own political biases. It is one thing to hold political viewpoints. That is, of course, every citizen’s right. Under 5 USCS § 7321, “It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.” But, under 5 USCS § 7323, the so-called “Hatch Act”: “Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—use his official authority or influence for the purpose of interfering with or affecting the result of an election.” This is precisely what Senior FBI and DOJ officials did when they used their influence to assist Hillary Clinton in her U.S Presidential; bid. They violated the Hatch Act. But, having failed on that score, they went further, much further, as they sought and even now seek to undermine—and more—to destroy the Trump Presidency. There are many serious national security crimes, apart from treason. A few of them fall into the broad categories of espionage, sabotage, sedition, terrorism, rebellion or insurrection, and advocating overthrow of the Government. When we look at the specific legal elements of each of these horrific crimes against this Nation, we see that none of the actions of Strzok and Page, and other senior officials in the DOJ and the FBI—that at the moment have come to light—serious as they are, constitute the most damning crimes of all, namely, national security crimes falling into the aforementioned categories.Senior Officials of the DOJ and FBI clearly misused the power of their Office to enable a likely criminal, Hillary Clinton, to run for President of the United States when she should, instead, have faced indictment on serious felony charges.  Once they failed to seat Hillary Clinton in the Oval Office, these senior Officials have continued to misuse the power of their Office to undermine the President. It is clear that national security violations are taking place. Consider: Had Hillary Clinton won the election, we would see, for the first time in our Nation’s history, a person elected to the highest Office in the Land who had likely committed federal felonies—many of them, and, as U.S. President, she would not only have continued to conceal her felonies, she would have continued to commit them. All of this treachery would have remained hidden, buried, if Hillary Clinton had won the 2016 general election for U.S. President.Having failed to seat Hillary Clinton in the Oval Office, these same betrayers of our Nation are still machinating—this time to undermine the Trump Presidency. Yet, there is no national security crime, codified in Statute, into which the actions of these betrayers of the Nation can be charged. But, there should be.It is deeply troubling that senior officials can so blithely skirt the law, undermining the Office of the U.S. President as clearly and as effectively as would be the case were these individuals actually working for a foreign sponsor.We therefore call on Congress to take a renewed look at our National Security crimes and consider enacting a new Statute or set of Statutes that would allow for indictment, in the future, of those individuals, who, like Strzok, and Page and others, have committed serious national security breaches, tantamount to treason, for having misused their powerful positions in Government to undermine the Office of the President of the United States, grounded on the ludicrous notion that they, alone, know what is best for this Nation, and therefore dare to thwart the will, of the people, and do so, insidiously, surreptitiously, cavalierly, audaciously, under cover of darkness.The American citizenry should be appalled. 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.

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RELEASE THE MEMO: SENIOR DOJ AND FBI OFFICIALS LIKELY COMMITTED SERIOUS FEDERAL CRIMES IN THEIR UNLAWFUL ATTEMPT TO TAKE DOWN PRESIDENT TRUMP.

PART THREE

THE SWAMP MUST BE DRAINED; CONSPIRATORS’ HEADS MUST ROLL; THE GUILTY MUST BE HELD FULLY ACCOUNTABLE.

As intimated in the account of the contents of the House Intelligence Committee Memo that Representatives Jim Jordan (R-OH) and Matt Gaetz (R-FL) have alluded to on Fox News, it is not enough that Senior DOJ and FBI Officials, whose names appear in the House Intelligence Memo, simply lose their jobs (which would allow them to collect retirement benefits). The fact that DOJ and FBI senior officials like Peter Strzok, Andrew McCabe, Bruce Ohr, and undoubtedly many others, continue to hold onto jobs in the DOJ and FBI, is reason for consternation.Clearly, other senior Officials of the Deep State are protecting them. How high up the Government ladder does this insidious subterfuge extend? The President’s call to drain the swamp now takes on immediate and critical urgency.The “swamp” of the Federal Government is, it is now evident, more than mere metaphor—much more. The expression takes on literal meaning. Why are these senior DOJ and FBI officials still holding positions in the Federal Government? Why are they still receiving paychecks, courtesy of the American taxpayer? Why do they still hold top secret security clearances? These people and others should be fired immediately, and they should be investigated for serious crimes against this Nation and the American people. Why hasn’t Attorney General Jeff Sessions acted against these individuals? After all, Jeff Sessions holds the highest position in the Department of Justice? Why hasn’t Sessions cleaned house? Is he unable to do so, notwithstanding that he holds the top position in the DOJ? If that is the case, then, do high-ranking officials in the DOJ, and in the FBI, and in other Cabinet-level Departments, and in the Military, and in the Intelligence Community, and in Congress too, hold sway over the entirety of the Federal Government. If these high-ranking senior Officials, these Conspirators who have betrayed their oath of Office, who have betrayed the U.S. Constitution, who have betrayed this Nation, and who have betrayed the American people, do hold sway over the Federal Government, then, we must conclude that this Shadow Government—this Deep State within the Federal Government—these Conspirators hold sway over the American people as well. Has a coup d’état of the Government already taken place notwithstanding their failure to seat the shrew and puppet of the trans-nationalist, internationalist, globalist “elite,”—Hillary Clinton?If Attorney General Jeff Sessions does muster the strength to exercise the authority vested in him and hold to account those officials of the DOJ and FBI, who have betrayed this Nation, who have betrayed our Constitution, and who have betrayed the American people, then we should see investigations commencing at once. If the Attorney General does not have the courage to assert his authority, then he should resign; and, if Sessions does not voluntarily step down, then President Trump should demand his resignation, or otherwise, simply fire him, and appoint a person who has the stomach to clean house!In the interim, these Betrayers of our Nation, of our Nation’s Constitution, and of our Nation’s citizenry must be prevented from doing further harm to our Nation, to our Nation’s President, and to our Nation’s people. Accordingly:

  • THEIR EMPLOYMENT WITH THE DOJ OR FBI SHOULD BE TERMINATED AT ONCE!
  • THEIR SALARIES SHOULD BE SUSPENDED!
  • THEIR SECURITY CLEARANCES SHOULD BE REVOKED!
  • THEIR MISCONDUCT SHOULD BE THOROUGHLY INVESTIGATED!

Once evidence of the serious federal crimes--that these senior Officials of the DOJ and FBI committed and are even now still committing--has been systematically collected, collated, and analyzed by prosecutors—and it is certainly clear that a plethora of such evidence exists—then legal action must commence forthwith:

  • THESE BETRAYERS OF THE NATION SHOULD BE INDICTED!
  • THESE BETRAYERS OF THE NATION SHOULD THEN BE TRIED IN A COURT OF LAW FOR THEIR CRIMES!
  • IF CONVICTED, THESE BETRAYERS OF THE NATION SHOULD RECEIVE NO LENIENCY IN THE METING OUT OF THEIR SENTENCES.
  • AND, THESE BETRAYERS OF THE NATION SHOULD BE DENIED RECEIPT OF PENSIONS AND BENEFITS!

IF SENIOR OFFICIALS OF THE DOJ AND FBI HAVE COMMITTED SERIOUS FEDERAL CRIMES AGAINST THIS NATION, AGAINST THIS NATION’S CONSTITUTION, AND AGAINST THE AMERICAN PEOPLE, AS IS NOW MANIFEST AND CLEARLY CERTAIN, WHAT WOULD THE NATURE OF THOSE CRIMES BE? WE PERCEIVE AND ANTICIPATE THE FOLLOWING: CONSPIRACY; PERJURY; SUBORNATION OF PERJURY; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW; AND OBSTRUCTION OF PROCEEDINGS BEFORE DEPARTMENTS, AGENCIES, AND COMMITTEES.

One serious crime falls under Title 19 of the United States Code: Crimes and Criminal Procedure, Part I, Crimes, Chapter 19, Conspiracy.19 USCS § 371 (Conspiracy to commit offense or to defraud the United States) sets forth in principal part:  If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. A second serious federal crime falls under Chapter 79 of the United States Code. Chapter 79 of Title 18 of the United States Code. 18 USCS § 1621 (Perjury generally) sets forth in principal part: Whoever—(1)  having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or(2)  in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both.Since the Fusion GPS Dossier is a lie, those DOJ Officials who presented it to the FISA Court, swearing to the authenticity of the contents have committed perjury before the Court; and, since they did this to secure a warrant from the FISA Court that would allow Special Counsel Mueller to undertake an investigation of Trump Campaign Officials, predicated on presumptive collusion between Russian officials and Trump, those DOJ Officials who lied before the FISA Court to affect or influence the FISA Court to issue a warrant have committed a third serious federal crime, that these senior Officials of the DOJ and FBI have likely committed is subornation of perjury.A third serious federal crimes falls under Chapter 79 of  Title 18 of the United States Code, 18 USCS § 1622 (Subornation of perjury). 18 USCS § 1622  (Subornation of perjury) sets forth in principal part:Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.A fourth serious federal crime falls under Chapter 13 of Title 18 of the United States Code. 18 USCS § 242 (Deprivation of rights under color of law). 18 USCS § 242 (Deprivation of rights under color of law) sets forth in principal part:Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both. . . .By betraying their oath to uphold the laws of this Nation, they have deprived the citizens of this Nation of their rights as they have attempted to subvert election laws by allowing an ignominious individual, Hillary Clinton, to campaign for the highest Office in the Land, when Clinton should, instead, have been indicted on several criminal charges. The Arbalest Quarrel has detailed these crimes at length, in several articles. See for example, Pay to Play: The Clinton Foundation’s Open Secret and Silent Purpose.” These senior Officials of the DOJ and FBI have compounded their crimes by unlawfully utilizing tools, such as appointment of a Special Counsel—Robert Mueller—to undertake a lengthy, expensive investigation of the U.S. President, Donald Trump, when appointment of Special Counsel and investigation of Donald Trump is altogether unfounded, as the basis for such investigation is grounded on nothing but bald-faced lies, unsubstantiated hearsay, unfounded assumptions, and mere innuendo.Having failed to seat a likely criminal, Hillary Clinton, in Office, these Conspirators—senior Officials of the DOJ and FBI—have now turned their attention to removing the U.S. President, Donald Trump, from Office. They are doing this out of spite and they are doing this because, in their mind, they won’t accept this President’s policy initiatives; and they won’t accept the will of the American people who elected Donald Trump in a fair and lawful election. They arrogantly assert that they know what is best for the American people and thereby subvert the very Constitution and laws of this Country that they have taken an oath to serve.And, a fifth serious federal crime falls under title 18 of the United States Code, 18 USCS § 1505 (Obstruction of proceedings before departments, agencies, and committees) 18 USCS § 1505 (Obstruction of proceedings before departments, agencies, and committees) sets forth in critical part:Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—Shall be fined under this title, imprisoned not more than 5 years. . . .News Commentator, Sean Hannity, reported on Fox News, Monday, January 22, 2018, that hundreds of anti-Trump text messages have inexplicably vanished from FBI databases. The website, Sean Hannity "Release the Memo," further elucidates the point raised and expounded upon on Hannity's evening program. If, as almost certainly appears to be the case, senior officials of the DOJ and/or FBI deliberately destroyed messages—amounting to pre-emptive document deletion or shredding—in anticipation of civil or criminal investigation of wrongdoing, this amounts to anticipatory obstruction of justice and they may be subject to criminal liability under the obstruction of proceedings Statute mentioned, supra.

THE ARBALEST QUARREL WON’T REST UNTIL THE HOUSE INTELLIGENCE COMMITTEE MEMO, COMPLETE, UNABRIDGED, AND UNREDACTED IS DECLASSIFIED FOR IMMEDIATE RELEASE TO THE AMERICAN PUBLIC.

In Part Five of our ongoing “Release the Memo” multi-series set of articles, we will look at whether the most serious charge of all, “treason,” can be leveled against these Senior DOJ and FBI Officials who have betrayed their Oath of Office. In Part Six, we will look at the actions of Congressional Democrats who--as with the mainstream news media, that has tacitly assisted the agents of the Deep State by censoring reporting of news pertaining to the House Intelligence Committee Memorandum--are impeding the release of the House Intelligence Committee Memo, and, through their actions are demonstrating, as well, their contempt for the American people. We are speaking here, namely and particularly, of Representative Adam Schiff (D-CA) Ranking Democratic Party Member of the House Permanent Select Committee on Intelligence.We are doing our part. 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.

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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 distortioni.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.

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RELEASE THE MEMO: REPUBLICAN HOUSE INTELLIGENCE COMMITTEE MEMBERS SHOCKED BY CONTENTS AND CALL FOR ITS RELEASE TO THE AMERICAN PUBLIC

PART ONE

HAVE SENIOR OFFICIALS IN THE DEPARTMENT OF JUSTICE AND FBI CONSPIRED TO OVERTHROW PRESIDENT TRUMP? IS THE MUELLER INVESTIGATION PART AND PARCEL OF THIS COUP ATTEMPT?

For those of you who tuned into Hannity’s Fox News program Thursday evening, January 18, and Friday evening, January 19, 2018, you learned that our Government is in the throes of a silent but deadly coup. U.S. House Representatives Jim Jordan (R-OH) and Matt Gaetz (R-FL), appearing on Hannity, Thursday, stated they had reviewed a classified House Intelligence Committee Memorandum that, as they strongly intimate, provide conclusive proof of a deliberate, calculated, categorical, treacherous attempt by senior FBI and Justice Department Officials to topple the Trump Presidency. They describe the Memo as “shocking.” Jordan and Gaetz want this Memo to be released to the public. They are insistent. They say the public has a right to know the contents of the Memo. And, we do.If half of what these House Republican Intelligence Committee members suggest is true—and, keep in mind that House and Senate Intelligence Committee members rarely, if ever, call for release of classified material to the American public—the public not only does have a right to know the contents of this Memorandum; they must know. But, House Democratic Party Intelligence Committee members according to Representatives Jordan and Gaetz, have demurred, claiming national security concerns, even, as they show, incongruously, lack of interest in the material. Very few House Democrats have reviewed the Memorandum and have, curiously, expressed no wish to do so.Government Officials and Legislators routinely cite national security concerns when they do not wish to release the contents of classified material; and, when they do, the contents are generally heavily redacted, and, so, essentially indecipherable. But national security is not at stake when Governmental documents contain content merely content that may be deemed merely embarrassing or humiliating. Worst of all, when Government documents contain evidence of ethical or criminal wrongdoing, transparency, not secrecy, is mandated. Evidence of criminal or ethical misconduct cries out for disclosure. The federal Government is, after all, our Government. It doesn’t belong to Congress and it doesn’t belong to bureaucrats. They are supposed to serve our interests, not their own. In refusing release of this House Intelligence Committee Memorandum to the American citizenry, House Democrats demonstrate complicity in the coup attempt and cover-up.Representatives Jordan and Gaetz, true patriots, having come forward with knowledge of this deeply disturbing Intelligence Committee Memo, have made abundantly clear that, once the American citizenry has access to the contents of it, heads will roll.The American public should not be surprised if, once the Memo is released, hopefully uncensored, some of the names that appear in the Memo happen to include:Rod Rosenstein, Deputy Attorney General of the DOJ; Andrew McCabe, acting Attorney General after the U.S. President Donald Trump fired James Comey; Andrew Weissman, Chief of the Criminal Fraud Section of the DOJ, and senior managing official on Robert Mueller’s Special Counsel team; Peter Strzok, senior counterintelligence official in the FBI, who served on Mueller’s team until Mueller was compelled to oust him for conspiratorial comments coming to light in his “insurance policy” email to Lisa Page, FBI lawyer; Lisa Page, FBI lawyer who failed to notify her superiors of Strzok’s conspiratorial intentions as she was probably complicit in the conspiracy; Sally Yates, Deputy Attorney General to then-President Barack Obama, and acting Attorney General after the departure of Loretta Lynch—the latter of whom served as Attorney General in President Barack Obama’s Administration immediately after the inauguration of Donald Trump to the Office of U.S. President Trump—whom President Trump rightfully fired for insubordination after Yates defiantly refused to defend the U.S. President’s order to close the Nation’s borders against terrorist threats from the Middle East; Bruce Ohr, Associate Deputy Attorney General, demoted, for concealing his secret meetings with Officials of Fusion GPS; James Comey, fired Director of the FBI, who leaked classified documents to The New York Times, through a friend, Daniel Richman, Professor at Columbia Law School. Comey’s documents served as a basis, along with the Fusion GPS Dossier, as the pretext for Rod Rosenstein’s appointment of Robert Mueller as Special Counsel, whose tacit directive is to take down the U.S. President. And, we surmise that Robert Mueller’s name, too, may be one of the names that appears on the memo that Representatives Jordan and Gaetz refers to.Robert Mueller served as FBI Director from 2001 to 2013. As FBI Director, he must have had knowledge of and may have been complicit in approving illegal sale of uranium to the Russians. If true, it would be singularly odd for the DOJ's Robert Rosenstein to appoint Robert Mueller to head a team to investigate, inter alia--as reported in the letter (Order No. 2915-2017) from Rosenstein to Mueller--“any links and/or coordination between the Russian Government and individuals associated with the campaign of President Donald Trump.” We may surmise that Hillary Clinton’s name appears in this classified House Intelligence Committee Memo, too, along with the name of Loretta Lynch, who served as President Barack Obama’s Attorney General, from April 27, 2015 – January 20, 2017. And, is it possible that the name of Barack Obama, too, appears in this Memo? If, Clinton’s name and Obama’s name appears in this House Intelligence Committee Memo, we can well imagine why House Democrats adamantly refuse to release the Memo to the public. For, the entirety of the Democratic Party will be held up to shame. The shameful and likely criminal acts of these individuals are too numerous to mention here, but we have touched on several—especially those that point to serious criminal acts on the part of Hillary Clinton. Imagine a person such as Hillary Clinton in the White House.Senior Federal Government Officials, having failed to achieve their goal of depositing Hillary Clinton into the Oval Office—having hatched and orchestrated a plan, through then-FBI Director James Comey and others, to absolve Democratic Party U.S. Presidential Hillary Clinton of criminal wrongdoing on multiple counts of multiple felonies so that she could continue to run as the Democratic Party choice for U.S. President, hatched their secondary plan. They presented, as is abundantly clear, false and fabricated information, namely the notorious Fusion GPS Dossier—paid for by Hillary Clinton and the Democratic National Committee (DNC)—to the FISA Court. These high-level Officials in the FBI and DOJ, in a plot to topple the U.S. President, Donald Trump, attempted to obtain a warrant that would give these disreputable, and arguably, despicable, Officials legal cover by allowing the FBI to secretly, and ostensibly lawfully, to investigate senior Trump campaign officials on false allegations of having had nefarious dealings with the Russians. If true, this would serve, conceivably, as the principal feasible basis to impeach Trump and, if successful, would lead to his removal from Office.Comey’s own memoranda to The New York Times was instrumental in the appointment of  a Special Counsel in the first instance. The Fusion GPS Dossier, a compilation of damnable lies and uncorroborated, baseless rumor, innuendo, and hearsay, is a manuscript of deception put together by an ex-British spy, Christopher Steele. Steele is an expert on deception and intrigues, who worked for British intelligence, MI-6. The Dossier became the vehicle through which the FISA Court issued a warrant, allowing/authorizing the Special Counsel, Robert Mueller, to investigate presumptive collusion between the Trump Campaign and the Russian Government. This Dossier, this lie, this work of fiction, serves as the predicate basis for the Mueller investigation. Therefore, the Mueller investigation is itself grounded on a lie, made worse through misuse of exorbitant taxpayer monies and wasteful Governmental resources. Further, presenting false information to a FISA Court, swearing that it is true to obtain a warrant from the Court that the Court otherwise would not have issued--subornation of perjury--constitutes a fraud on the Court—compounding other serious wrongdoing by senior Officials of Government who have been working secretly and inexorably to bring down Trump and his Administration. These senior FBI and DOJ Officials, who may include senior and mid-level Officials in both the State Department and in the Intelligence Agencies as well—hold-overs from the Obama Administration, have betrayed, through color of law and their Office, their sacred oath to this Nation, to this Nation's Constitution and to this Nation's citizenry. Their weak defense, for their heinous betrayal, which will not operate as a tenable defense at all in a Court of competent jurisdiction, is that it is their belief that Donald Trump will lead this Nation on a path that is at loggerheads with foreign and domestic policies of previous Administrations which they had wish to see continued. This is the height of arrogance, and contrary to the will of the American people who elected Donald Trump to the Office of President of the United States. What these senior and mid-level Officials of the Deep State want, or, what they unwittingly would be working toward if they would only stop to think about the matter, is subordination of our Nation, its Constitution, its Bill of Rights, its system of laws, its jurisprudence, its core values, its system of ethics and morality, to that of a new trans-nationalist, internationalist, globalist world order, as  exemplified in the present undermining of the political, social, and financial fabric, and independence, and sovereignty of the Nations that comprise the EU.Is the Mueller probe, then, nothing more than a monstrous step in a planned, coordinated, coup d’état of the Executive Branch of Government? Does the House Intelligence Committee Memo that Representatives Jordan and Gaetz refer to evidence of that? We think so, as this is the only intelligible inference that can be drawn on the facts so far illuminated. Further facts would, we believe, serve only to  buttress this sound conclusion.In Part two of this multi-series, we look to the mainstream news media organizations. Why does the American citizenry hear so little about this? We will post Part two of this series, on the Arbalest Quarrel website, tomorrow. In Part three, immediately following the posting of Part two of this series, we will look at a few of the specific crimes that senior DOJ and FBI Officials likely committed--serious crimes that these Officials can feasibly be charged with through the contemptible, dishonorable, thoroughly reprehensible hoax they perpetrated on both the FISA Court and the American people, a hoax that is, as of the date of posting of this article, still being played out!_________________________________________________ Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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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 weaponlightening 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 soughta 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.

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FBI vs. APPLE: Surrender Privacy for Security?

The Fourth Amendment Deserves No Less Respect And Protection From Government Encroachment On A Sacred Right And Liberty Than Does The Second Amendment

The U.S. Constitution Constrains, And Was Meant To Constrain, Power Grabs By The Federal Government

A sovereign nation cannot long prevail among other sovereign nations without a central government. This is axiomatic. The founders of our Republic certainly knew this. But the founders of our Republic also knew that a nation’s central government is invariably at odds with individual liberty. A natural tension exists between government on the one hand and the rights and liberties of the citizenry, on the other. The Constitution the founders drafted for the American people is indicative of and serves, at once, as recognition of the conundrum our founders faced: that a strong central government is incompatible with individual liberty. A strong central government would eventually destroy individual liberty by amassing power unto itself at the expense of individual liberty unless a nation’s constitution places express curbs on such accumulation of power and unless the citizenry of a nation remains ever vigilant that those curbs are stringently adhered to.The founders of our Nation dealt with the conundrum by creating a Constitution that embraces three fail safe devices. The founders hoped and trusted that these three fail safe devices would operate as an effective counterforce against the destructive impulses of government to acquire ever more power for itself and, in so doing, reduce, or end altogether, the exercise of individual rights and liberties. The three fail safe devices are: one, a three branch system of government; two, clear delineation of and demarcation of the powers each branch is permitted, lawfully, to hold and wield; and three, a Bill of Rights. The three branch system of government precludes outright concentration of legislative, executive, and judicial functions in any one person or group of people. Each branch serves to check the power of the other two branches. This is what is meant by the phrase “checks and balances.” The “Separation of Powers” doctrine is also a feature of our three branch system of Government. The “Separation of Powers” means that each branch of our central – federal – Government has its own distinct function with no overlap or, at worst, with very minimal overlap.The delineation of powers each branch wields prohibits both the amassing of additional powers by that branch of Government and the encroachment of one branch of Government on the purview of the other. Each branch of Government has, then, through the exercise of a specific function, a limited set of powers. If the Constitution does not prescribe a specific power for that branch of Government, such power cannot be lawfully exercised by that branch.Lastly, the Bill of Rights secures for the people not only specific enumerated rights and liberties but reserves to the people unenumerated rights as well. The Ninth Amendment to the U.S. Constitution provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” And, the Tenth Amendment provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”The powers of our central – federal – Government are, then, limited, since the Constitution sets forth the powers each branch of Government may wield, consistent with the primary function of each branch. The powers residing in the States and in the people, on the other hand, are essentially open-ended. Moreover, the rights and liberties of the people are unbounded as they include both specific, especial enumerated rights and liberties and unenumerated rights and liberties. Importantly, the rights and liberties of the people, as codified in the Bill of Rights do not stem from the federal Government. They are neither a privilege bestowed by Government onto the people; nor are they a license issued by Government to the people. The rights and liberties are considered by the founders of our Republic to be preexistent in the people. The rights and liberties of the American people are neither created by government nor fashioned by the founders. The Bill of Rights simply codifies natural rights and liberties that are part of humanity that our federal Government – unlike the central governments of most other nations – are required, under our Constitution to respect.Our Bill of Rights is, in essence, a codification of and assertion of the fundamental rights and liberties preexistent in the people. That fact is clear from the context of the U.S. Constitution. Since the federal Government is not the source of those rights and liberties, the federal Government cannot lawfully circumvent those rights and liberties. If the Government were to do so, the Nation, as a free Republic, as our founders intended, would cease to exist. If anything at all remained of our Nation, it would be but ornamental coverings, trappings. The Nation – our Nation – would be merely a dried husk, an empty shell.

OUR FOREFATHERS' FEAR THAT THE FEDERAL GOVERNMENT  MIGHT ONE DAY ENCROACH UPON THE RIGHTS AND LIBERTIES OF THE AMERICAN PEOPLE IS WELL-FOUNDED

The American people are aware, today, as the founders of our Republic had long ago feared that the Nation’s federal Government’s true and natural impulse – and that of many State Governments, as well, and often at the behest of the federal Government – is to encroach on the rights and liberties of the people. We see this as the federal Government slowly but insistently encroaches on and infringes the right of the people to keep and bear arms. We are seeing State and local governments also encroaching on and infringing the right of the people to keep and bear arms. The infringement of the fundamental right of the people to keep and bear arms, is, at once, noticed by the people. For, the American people either have access to firearms or they do not. They either exercise complete control over their firearms or they do not. The right to keep and bear arms, as codified in the Second Amendment, as with all rights and liberties, is intangible, but the expression of the right – possession and ownership of the firearm – is not. A firearm is a tangible, physical object. The loss of one’s firearms to government is immediately and emphatically felt by the gun owner.The loss of other rights, however, such as the loss of “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” may not be immediately and emphatically felt because both the right and, in many instances, the expression of that right are both intangible. Yes, the seizure of one’s papers, or smart phone, or personal computer amounts to the capture of physical items. But, the content is what the government is really after and content is intangible. If government can “lift” that content without even obtaining the physical hardware, unlawful invasion of the privacy right in that content is lost. Loss of “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” may not be recognized but it does exist and it is no less critical to the safeguarding of a free Republic than is the Second Amendment “right of the people to keep and bear arms.”All of our rights and liberties, as codified in our Bill of Rights, are critical to our survival as a free Republic!

GOVERNMENT ATTACK ON THE FOURTH AMENDMENT

The Fourth Amendment right of the people to be free from unreasonable searches and seizures is under attack by the federal Government – most noticeably and ominously since enactment of the Patriot Act. Recently, the FBI demanded that Apple Computer, Inc., -- maker of the iPhone -- unlock the encrypted data held in the iPhone of one, Syed Rizwam Farook.You may recall that Farook, an American citizen and Islamic jihadist, together with his wife, a foreign born, non-American Islamic jihadist, went on a murderous rampage, murdering 14 American citizens and injuring another 22 in San Bernardino, California. This occurred late last year. The Government has finally acknowledged that this incident amounts to an Islamic terrorist attack on U.S. soil.The FBI has obtained Farook’s iPhone but, the content is encrypted. The FBI has said that, despite several attempts, it has been unable to unlock the phone to obtain access to the content. The FBI has therefore enlisted the aid of Apple to assist the FBI in its efforts but complains that Apple has been uncooperative. In a lawsuit filed against Apple the Government contends, as reported in mainstream newspapers, that Apple refuses to assist the FBI in unlocking the content of the iPhone. The implication is that, through its failure to comply with the FBI’s order, Apple Computer is deliberately preventing the federal Government from performing a basic function on behalf of the American people, as expressed in the Preamble to the United States Constitution: “We the People of the United States, in Order to . . . provide for the common defence . . . do ordain and establish this Constitution for the United States of America.” Is this simply an instance of a major computer company inappropriately and inexplicably refusing to assist the federal Government in the Government’s efforts to provide for the common defence of the Nation as the mainstream media, on behalf of the FBI, asserts, or is there more to this?The federal Government, through its docile and compliant servant, the mainstream media, has certainly sought to create the impression that Apple Computer’s actions are unlawful and even unpatriotic because Apple is thwarting the Government’s legitimate attempt to fight terrorism on behalf of the American people. But Apple Computer takes strong exception to the charge. In an open letter posted on the internet, Tim Cook, Chief Executive Officer of Apple, sought to exemplify and clarify the issues, saying in principal part:“For many years, we have used encryption to protect our customers’ personal data because we believe it’s the only way to keep their information safe. We have even put that data out of our own reach, because we believe the contents of your iPhone are none of our business.We were shocked and outraged by the deadly act of terrorism in San Bernardino last December. We mourn the loss of life and want justice for all those whose lives were affected. The FBI asked us for help in the days following the attack, and we have worked hard to support the government’s efforts to solve this horrible crime. We have no sympathy for terrorists.When the FBI has requested data that’s in our possession, we have provided it. Apple complies with valid subpoenas and search warrants, as we have in the San Bernardino case. We have also made Apple engineers available to advise the FBI, and we’ve offered our best ideas on a number of investigative options at their disposal.We have great respect for the professionals at the FBI, and we believe their intentions are good. Up to this point, we have done everything that is both within our power and within the law to help them. But now the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.Specifically, the FBI wants us to make a new version of the iPhone operating system, circumventing several important security features, and install it on an iPhone recovered during the investigation. In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession.The FBI may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a backdoor. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.Some would argue that building a backdoor for just one iPhone is a simple, clean-cut solution. But it ignores both the basics of digital security and the significance of what the government is demanding in this case.In today’s digital world, the “key” to an encrypted system is a piece of information that unlocks the data, and it is only as secure as the protections around it. Once the information is known, or a way to bypass the code is revealed, the encryption can be defeated by anyone with that knowledge.The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and homes. No reasonable person would find that acceptable.The government is asking Apple to hack our own users and undermine decades of security advancements that protect our customers — including tens of millions of American citizens — from sophisticated hackers and cybercriminals. The same engineers who built strong encryption into the iPhone to protect our users would, ironically, be ordered to weaken those protections and make our users less safe.We can find no precedent for an American company being forced to expose its customers to a greater risk of attack. For years, cryptologists and national security experts have been warning against weakening encryption. Doing so would hurt only the well-meaning and law-abiding citizens who rely on companies like Apple to protect their data. Criminals and bad actors will still encrypt, using tools that are readily available to them.Opposing this order is not something we take lightly. We feel we must speak up in the face of what we see as an overreach by the U.S. government.We are challenging the FBI’s demands with the deepest respect for American democracy and a love of our country. We believe it would be in the best interest of everyone to step back and consider the implications.While we believe the FBI’s intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect.”Tim Cook, on behalf of the Company, claims that the Company has cooperated with the FBI in the past and desires to continue to do so. But, according to Tim Cook, the FBI is demanding of Apple something much more ambitious than the FBI would wish for the American public to know – and something clearly dangerous to preservation of individual rights and liberty. According to Tim Cook, the FBI is ordering Apple not merely to assist it in unlocking the contents of one iPhone – that of the dead Islamic terrorist – but to develop a new operating system that, once designed and installed in all iPhones would allow the FBI to gain access to encrypted data from every iPhone the Company produces. If Tim Cook’s account of the matter is true, then the Government is demanding that Apple create – in common parlance – a backdoor key. This key would enable the federal Government to peruse, at will, the content of every iPhone that Apple manufactures. Encryption, then, can be easily defeated. If encryption can be easily defeated, then the very import of encryption ceases to exist and no iPhone is secure.Millions of people, both in this Country and worldwide, use iPhones for work and business. Apple’s customers rely on Apple to provide them with security that is impenetrable to anyone other than the owner of the phone. Apparently, Apple has been very successful on that score. But, if the FBI is requiring Apple Computer to compromise the security of every iPhone it makes – although superficially claiming interest in obtaining data from only one iPhone – then the FBI’s ambitions are far-reaching and truly ominous. The FBI is treading uncomfortably on the Fourth Amendment.To say the FBI can be trusted to use a backdoor key sparingly, wisely and consistent with our system of laws and with the U.S. Constitution, strains credulity and is naïve in the extreme, especially in light of the FBI’s past mistakes. Moreover, as Apple has pointed out, and as computer engineers from other firms concur, the creation of an iOS that bypasses security invites hacking by criminal gangs and foreign governments.It is difficult enough today for the average person and businessperson to protect his or her computer devices from the myriad viruses, worms, spybots, ransomware, and other assorted malware that daily infect computers. This has become a disturbing fact of life. Customers who spend hard-earned money on a particular smart phone, tablet, PC, and on other computer devices depend on the reputation and integrity of the manufacturer to provide the customer with a reliable device and a secure device. That the FBI would require – as Apple Computer contends – a computer device maker to compromise the integrity of all of its iPhones, not only encroaches on the Americans’ Fourth Amendment privacy interest but is also harmful to Apple’s business.The FBI has, apparently, nothing to say, about protection of the public’s Fourth Amendment privacy right, but has much to say about the idea that Apple Computer’s real interest in this matter extends merely to business concerns and maintaining its Market share. The mainstream media, on behalf of the Government, has pressed the FBI’s accusation, in lengthy news reports and commentary, pointedly attacking Apple, arguing that Apple’s reluctance to give the FBI what it wants – a backdoor key – is predicated on shallow business concerns. Even so, protection of free market capitalism is not to be construed as an improper, if unstated, motive of Apple; for our economic system, predicated on free market capitalism, is a bulwark of our free Republic. Moreover, even if – as the FBI asserts, and, as the mainstream media echoes on its behalf, and, as the public may reasonably infer and concede – Apple Computer is more interested in preserving its market share, that it fails to assert, than in protecting, as it overtly states, the iPhone user’s privacy and security – consistent with “the right of the people to be free from unreasonable searches and seizures,” – the fact that the Fourth Amendment is implicated at all is enough to warrant the American public’s grave concern in what the FBI demands of Apple. Thus, Apple’s underlying business motive in the case at bar is at most a tangential issue here, designed to divert the public’s attention away from the federal Government’s penultimate goal of creating “the surveillance society” as a conjunct of America’s “Police State.” If, in fact, as Tim Cook says, the FBI is demanding a backdoor key to unlock encrypted content on every apple iPhone, then the federal Government is in the process of undertaking a frontal assault on Americans’ Fourth Amendment “right of the people to be free from unreasonable searches and seizures,” because the sanctity of and security of sensitive personal and business data would be placed in jeopardy if Apple Computer is ultimately compelled to create a backdoor key for the FBI. Apple’s iPhones would be open to continuous unlawful federal government surveillance and to breaches by foreign governments and criminal organizations as well. Of that, there can be no doubt. One’s ability to confidently and securely protect his or her private communications and sensitive data from prying government eyes and from the nefarious actions of criminal organizations would inevitably be severely weakened.Of course, the federal Government has been attempting for some time now to compel all computer companies to provide the government with backdoor keys to enable Government to unlock, as it wishes, encrypted content held in every American’s computer devices.So, we must ask: is the federal Government, disingenuously, insidiously, even arrogantly, using the Farook episode to garner public support for further unlawful Government intrusion into the private lives of Americans, under the guise of providing for the common defence of the Nation, but contrary to the precept of the Fourth Amendment? If so, this is not something new. The public has seen this before. For the same technique has been used by antigun groups as well when seeking to garner public support for legislation to weaken the Second Amendment right of the people to keep and bear arms. Then, as now, the mainstream media willingly trumpets the call of those forces that seek to upend the Bill of Rights. The antigun groups jump on one horrific incident of gun violence, perpetrated by one or a few lunatics, or criminals, or Islamic jihadists and, through that one, particular incident, coax the public to support measures that further weaken and eventually curtail the Second Amendment right of the people to keep and bear arms. Of course curtailment of a fundamental right and basic liberty is presented to the public, not as a loss but as a benefit, namely that, for the good of society – the collective, the masses – an American must surrender his or her firearms. If you do not buy into that – and know sane, rational American should – you should not buy into the argument proffered by the FBI that, for the good of society, you must allow Government to pry into your sensitive private data – into your personal and business life – and trust that the Government will use good judgment and refrain from doing so except when necessary “to provide for the common defence” of the Nation.

NOTHING LESS THAN THE CONTINUED EXISTENCE OF AMERICANS’ FUNDAMENTAL RIGHTS AND LIBERTIES ARE AT STAKE

Americans should never for one moment doubt that Government will, if the public is not continually astute and vigilant, undermine the rights and liberties of the American people. The federal Government is continually pressing the public to relinquish its rights and liberties for such security the federal Government says it can and will provide Americans in the alternative. Americans have seen before where this has gone and they know where this is headed. Nothing good can come of it.The federal Government wishes to know what Americans are thinking. It wishes to control Americans’ thoughts and will do so by gaining entry to their secrets in derogation of the Fourth Amendment, just as it seeks to control Americans’ speech, in derogation of the First Amendment, and as it intends to control Americans’ access to firearms, in derogation of the Second Amendment. All of this is done under the guise of providing for the common defence of the Nation. But, the Nation suffers all the same as Government power increases commensurately with a decrease in the rights and liberties of the American people. What is occurring today in America is demonstrative of the founders’ greatest fear: that Government would turn on the people. As the doctrine of the separation of powers collapses, as the parameters of Government exercise of power extends, and as the rights and liberties of the American people continues to erode, the continued existence of our Nation as a free Republic begins to crumble.Congressional Republicans and Democrats who play along with the carefully orchestrated charade and pretense of providing for the common defence of the Nation are not doing Americans a service. They should be protecting Americans rights and liberties. They are not. Instead, they are actively, insidiously, at work destroying those very rights and liberties, in defiance of and contemptuous of the oath of Office they have taken. They are a disgrace to this Nation and to its People.The web blog, Salon, had an interesting point to make about Governmental lust for power, desire for control over the citizenry, and its attack on the Fourth Amendment, when it stated the other day:“Security officials keep the public focus on the limits of surveillance rather than on its excesses; at the very same time, the frequent exposure of new surveillance capacities perversely functions to normalize those excesses. If widespread surveillance is ordinary, it cannot be shocking. Instead, the anomaly becomes whatever surveillance capability lies just beyond law enforcement’s capability or authorization.”If Americans are to place their faith in something of value, that faith should rest first and foremost in the Bill of Rights. Americans’ faith will be ill-spent if that faith is placed solely in institutions of Government; in the empty words of politicians; in the propaganda spouted through the mainstream media on behalf of Government and on behalf of groups bent on destroying the Bill of Rights; in the operations of Government intelligence agencies and federal police forces who claim to provide for the common defence of the Nation, at the expense of the rights and liberties of the American people. Government, after all, does not have a vested interest in preserving Americans’ rights and liberties. It never does. The primary interest of our federal Government – indeed, of all central governments is acquisition of power for itself. If the Bill of Rights is to remain tenable, if it is to exist as something more than a mere but empty expression of the sanctity of the individual, the public must be cognizant of the natural tension that exists between a strong central government and the rights and liberties of the citizenry. If the citizenry willingly accedes to the loss of their rights and liberties, what truly remains of the Nation? Security proffered by Government? But security – real security – of the Nation – for our Nation – truly rests in the rights and liberties of the people as codified and sanctified for the people by the founders of the Nation in our Bill of Rights. CONCLUSIONIf you are harboring any second thoughts about the sanctity of and importance of your Fourth Amendment privacy rights, or about the critical importance of the Bill of Rights to our Nation’s survival as a free Republic, generally, consider where the greater threat to your rights and liberties reside: Islamic terrorists threatening our shores or a central, federal Government that hungrily amasses for itself ever more power, ostensibly for our benefit if we would be ever so kind to allow the Bill of Rights to fall by the wayside?We invite reader comment on this article.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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